HomeMy WebLinkAbout07-10-1979 Council Minutes cz�� or o�orao
Rec�ular Iieeting of t}ie Orono Council, 7: 00 P.M.
July 10 , 1979
The Orono Council r.1et on the above date with the
following mer.ibers present: P4ayor Van :1est, Council-
members Hurr and Psassengale. Absent: Councilmer.►bers
IIutler and Paurus. Also present: City Planner
Olson, City Attornel� tlalkerson, City Engineer Cook,
and City Clerk Strori. Absent: City Adr►inistrator
Benson.
P4ayor Van Nest stated that he would liY.e iter.► #20 corasEraT AC;ENDA*
rerioved from the Consent Agenda* for the purpose
of discussing the proposed ordinance for adopting
a fire code concerning the storage of flamriable
liquid in the City of Orono.
Iiassengale r.loved, Hurr seconded, to approve the
Consent Agenda* , subject to removing iter.t ;�20,
with all staff data and supportive inforriation to
be included in the iiinutes in the sequence the�
occur. PZotion, Ales (3) - tiays (0) . �
I2r. Dick Grundrleier, Project Engineer for Johnson INTERCEPTOR REPORT
Ilros. , was present to discuss the progress of
the interceptor installation on County Road �15.
He stated that they were putting the interceptor
down the center of County Road #15 with conpletion
the end of July. During August, 1979, County
Road #15 caill be resurfaced and work �aill begin
up Orono Orchard Road..
P�lr. Lee �omlinson, Park Comi?iission Chairnan, PARI� COMMISSIOrd
- was present to discuss the progress of Bederwood CONl1�NTS
- Park stating that they have already applied for
funds fror.i the Federal Land and 47ater Conservation
(LAT+COId) and the State Legislative Comr.iission on
T•iinnesota Resources (LCMR) prograris. �
I�ir. Tomlinson also stated that Roland Berglund is
retiring frorl the Park Comriission and noving to
Golcien Valley in August. The Park Corimission is
planning�a farewell party in recoc�nition of his
many years of service to the cor►r.iunity.
tiassengale r,ioved, Hurr seconded, to approve the � MINUT�S*
1-'iinutes of the Regular I•4eeting of June 12, 1979. June 12 , 1979
P�'iotion, Ayes (3) - tlays (0) .
REGULAR PiEEiIidG OF iH� ORONO COU2ICIL, JULY 10, 1979 Pac7e 2
llassengale moved, Hurr seconded, to approve the P4IIJUTES*
22inutes of the Regular i4eeting of June 26 , 1979. June 26, 1979
lSotion, Ayes (3) - Nays (0) .
i'Iassengale moved, Hurr seconded, to approve the P4INUTES*
2linutes of the Rescheduled Meeting of June 27, June 27, 1979
19 79. P4otion, Ayes (3) - ilays (0) .
P�assengale moved, Hurr seconded, to approve the *SITIUTES*
1-iinutes of the Bond Sale of June 27, 1979 . tiotion, June 27, 1979
Ayes (3) - tJays (0) .
The Lake I�iinnetonka Conservation District 1980 LPiCD 1980 BUDGET
budget was discussed. The City� Council was
concerned over the lov�ering of legal services for
the District for 1980.
t2ayor Van Nest r.loved, P�assengale seconded, to request
Dick Benson, City Administrator, to write a letter
to the Lake Minnetonka Conservation District to
inquire into the reasons why the District is lo�aering
the budgeted arlount for legal services during 1980.
Motion, Ayes (3) - P1ays (0) .
I4r. Alan Olson, City Planner, entered into the COr7DITIOPIAL USE PERAZI'
record the conditional use pernit and variance VARIANCE
request of Alexander Holzer, 2677 Casco Point Road, 2677 Casco Point Road
dated June 21, 1979, which states: #436
Alexander Holzer
Briefly, the application concerns a retaining wall,
filling and drainage syster.i constructed by the
Holzers prior to receipt of permits. '�'he neighbor
to the south, Snerling, has objected to much of _
this work and also to the new garage constructed
under Building Perrtit No. 3867 after approval of
front and side yard setback variances (case #417
approved Septeriber 13, 1978) .
Conditional Use Perr.iit: 31. 700 grading and filling
for retaining walls and for drainage system
• installation.
c
Variances : 34. 202 an� 31. 830 for construction within
75 ft. lakeshore protected area.
I concur with the Planning Commission and recorunend
approvals per their action on June 11, 1979; i.e.
Approve variance and conditional use perr.►it for
grading and retaining wall provided that the vaall �
is not to exceed 30" height above original grade at
any point, subject to staif approval of a landscaping
plan, City Engineer approval of final drainage plan�
(Continued)
�GULAR 2iEETI2IG OF THE OROPdO COUP7CIL, JULY 10, 1979 Page 3
and to Iiolzer� providing a performance bond or CONDITIONAL USE PER*iI7
letter of credit to assure cor.lpletion before � 2677 Casco Point Road
November l, 1979. (Continued)
Council approval to include conditions 1, 2, 5, 6,
and 7 of Robert 2�iitchell' s letter to the Planninc�
Commission dated June 6, 1979, and modification of
conditions 3 and 4 to the 30" height as above.
iJote that the drainage plans require a P4CL•JD permit.
I suggest a resolu.tion be called for to incorporate
the above points.
Regarding the garage construction, I subriit that the
garage height and roof slope are within building
and zoning code requirements and that the terris of
the setback variances have been met. The garage is
substantially completed.
Council t�eeting - July 10, 1979
Mr. Robert Mitchell, attorney for L'lr. Holzer,
was present and presented the City Council with
a revised letter of conditions dated June 26, 1979.
Letter - Pages 4 & 5
fir. I�itchell explained to the City Council his
letter of June 26, 1979, which he had just presented
to the City Council, and also stated that the
Holzers acted in good faith not realizing permits
were required or that work done was in violation
of City codes, that building permits had been
secured for other work done on the property.
i�ir. James Gilbert, attorney for P4r. Srierling,
delivered another letter frorl a landscape architect
and explained his clients position in the matter
stating that they do not approve of the work done
or the engineer' s drainage plans.
Councilmember Hurr inquired of i�r. Holzer the
reason for placing fill close to the garac�e
door.
�
P4r. fiolzer stated that he wanted a ramp to drive
his boat up into the yard for storage. Eie also
stated that he wanted to blacktop the rar:ip.
Councilmember Hurr reriinded him of the �xcessive
hardcover on the lot.
The City Council discussed the �ork, the plans and
changes offered by tir. Mitchell. Inforrlal discussions
revealed'�that none of the Councilrtembers would vote
to approve the plan as presented. Suggestions were
given to P-ir. Holzer on possible changes that �vould
be acceptable to the Council. (Continued, page 6)
Page 4
LCONAqO E-L�NDOU�ST L I N D Q U I S T & V E N N U M DAVIDJ DAVENPOFT
NOANAN �.N[WMALL NARM R.JOMNSOM1
L�VRCSS V.ACMMI.N
q1�tiPqD A.PRIMV�M
G[n^LD E.Mi.G�+U50N 4200 IDS CENTER • BO SOUTH 8T�' STREET JE�lREY A. SCNMID?
CDWAFD M,GLCNNOH RAISTINE J STROM
NEIVIN I.OAENSTEIN TIMOTMY M OUTIER
EUGEr+[ N. IIEATING MINNEAPOLIS, MINNESOTA 55402 pOetRT G.w�TCNELL.JR.
JAMES P. NAR7INEAU
,1.MICMAEL OADY
RICNARD J.FITZGERA�D J.�IEVIN COST�CV
FM��L�P J.ORTHUN JONM C.GOC�2
MACIAY q.MYDC TELEPMONE 1612► 371-3211 - ewuc[ A.ENSTAD
EDw/�RD J. vwRKER �
JOwN A. fORREST ROBCAT J. Mi.aTNAN
WILUAM E.rox CABIE ADDRESS� LINLAW -��5[PN G.nOMLER
.JAC• A.AWNOlO
JCRROLD f. BERGFAIN q1�MAqD O.MCHEIL
WILLIAM T.DOLAN
wiLL���+ C.MOATENSEN
JOMN N.STROTMMAN ,
DAvtD G.NEwHA�L WAYZATA OF�ICE
KUPTIS A.GpEENLEY ' 740 E.�ST LAKE STREET
ROBEf7T V.ATMORE .
MOw�pDJ.KAU�FraAN WAYIA7A,MINNESOTA 55391
JOHN B.WINSTON
LAURANCE R.WALDOCFI '
TMONAS M.GApRETT ID Of COUMSCI
�Apl'LE L.VPMO«
TMOMAS VENMVM
WAYNE A.SIVERTSON DENMIS M.MA�MISEN
June 26 , 1979
Orono City Council
City of Orono
1335 Brown Road South
Orono, Minnesota 55323 _
Re: Alexander Holzer
� 2677 Casco Point Road
File No. 139-436
Dear Ladies and Gentlemen:
The Holzers ask for approval of the project as follows :
1. That the location of all the underground footings, �
etc. is satisfactory.
2 . That the columns come �iown all the way around the
property. _
3. That behind the 75 foot line from the lake, the wall
remain the height it is now, which is approximately two
blocks above the ground, or 18-24 inches above the ground,
not to exceed 30" height above finish grade at any
point. � 4
4 . That from the 75 foot line westward toward the lake, the
wall be reduced in height by three courses of block or
approximately a reduction of 24-48 inches in height, not_
to exceed 30" height above finish grade at any point.
5. That grading and filling be done on both sides of the
wall to level the ground up to the wall on the house Side,
creating a swale such that the property would drain through
. the presently propo_sed drainage system, and that fill be
� LINDQUIST & VENNUM
Page 5
Orono City Council
June 26 , 1979 .
Page -2- .
added on the lake side or outside of the wall such
that the grade would be restored to some extent such
that the wall woul�ii show fewer blocks above ground than
it does now show.
6. That on the Smerlings ' side of the wall, the substan tial
bushes as well as grass would be planted, as has already
been agreed.
7. That on the lake side of the wall , substantial bushes
similar to but perhaps larger, if necessary, be planted such
that the wall will be hidden from the lake side. It would
be the Holzers ' intention, therefore, to put a hedge along
the westerly side of the wall so that it could remain in
substance to do the erosion control work they designed it
to do and yet not be unsightly from the lake side. -
Action requested :
Conditional Use Permit: 31. 700 grading and filling for
retaining walls and for drainage system installation.
Variances: 34 . 202 and 31. 830 for construction within 75 feet
lakeshore protected area and hard cover variances 0-75 feet and
and 75-250 feet.
Conditions :
1. Stipulations 1 through 7 above; and
2. Landscaping plan; and
- 3. City Engineer approval of final drainage plan details (see -
May 25, 1979 letter fzom Glenn Cook) ; and
4 . Holzers providing a performance bond or letter of credit
to assure completion before November 1, 1979.
Q ,
Thank you.
Very truly yours,
LINDQUIST & VENNUM
r� �
' __��,"i'� / " l�
Robert G. Mitchell, Jr. �
RGM:mes
R�GULAR r�ETING OF TIiE OROP10 COiJPICIL, JULY 10, 1979 Page 6
Discussion followed concerning regrading to follow CONDI'�IOPIAL USE PERMI�
the natural drainac�e north and south but not to 2677 �asco Point ?2oad
the lake. Two blocks to be removed fror�► the retain- (Continued)
ing wall and ending at the front of Holzer' s house,
and bushes being replaced.
2�tassengale moved, Hurr seconded, to table the
application o� Alexander Holzer, 267? Casco
Point Road, until rir. Iiolzer presents additional
�lans showing landscaping, proper drainage to the
north and south with terracing or berris and no
hardcover within 75 ' of the lake. P2otion, Ayes (3) -
Tlays (0) .
t'ir. Alan Olson, City Planner, entered into the record SUBDI�ISION
the request of Larry Osgood, 365 Willow Drive North, 365 �aillow Drive Nort]
�or a subdivision, dated Plovember 3, 1978, which states : #437
Larry Osgood
i7r. Osgood proposes dividing 9 . 9 acres into a four
lot subdivision. All lots raeet the zoning require-
ments for the district (RR-1B) . The existing building
rteets all setbac}: requirements fron newly created
division lines. I�4r. Osgood has furnished a septic
report for Lot B, but we will require testing for
Lots C & D, the septic inspector will inspect the
existing system on Lot A. .
The access road serving plat is located at the edge
of a designated ���etland along southern property Zine.
The preliminary plans should tis�igrta,te distance
frori road to wetland. A northern access would be out
of the question because of the bridge approach and
factor of zero visibility to north.
Planning Cor.�mission P4eeting - November 13, 1978 -
14r. Osgood was advised to consult with staff concern-
ing the eligibility of the property for a metes and
bounds division. '
Staff Plotes - Nover�ber 16, 1978
1!Ir. Osgood was advised that to qualify for a metes
and bounds division he would have to divide the '�
property into two lots of five acres. He inforned
staff tliat he planned on deeding his son a two acre
parcel only. 2ir. Osgood will proceed with his
original plan of platting a four lot division.
Staff Note - Psay 15, 1979
iir. Osgood will continue with a three lot division
because of poor septic test results for original
Lot 4. He will conbine Lots 3 & 4. Lot 2 will
use a tenporary access through Lot l. (Cont�.nued)
RE�ULAR rZEETING OF TH� ORO:dO COiJt1CIL, JULY 10 , 1979 Page 7 ,
��hen the third building permit is issued, the access SUBDIVISION ,
road must be constructed. Note the 50 ' corridor 365 [•Jillow Drive North
platted for Lot 3, Lot 2 is effectively land-locked #437
with tliis arranger.ient. The road must be platted Lar_ry Osgood
as an outlot. 6Je have set a public information (Continued)
r►eeting for June 11, 1979.
Planning Corunission iieeting - Ptay 21, 1979
Planniny Cor,unission gave conceptual approval to
the Osgoods proposed three lot subdivision subject
to access road being designated by a 50 ' road outlot.
If ttie Planning Commission approves the new
preliminary plans, we would recor�mend Preliminary
approval be granted at the June 11, 1979 neeting.
Public Inforr.►ation r4eeting - June 11, 1979
There were no comments from the public. Planning
Corulission rnoved to approve the prelir.►inary plans
for the George L. Osgood Subdivision subject to the
following conditions:
�
l. Temporary driveway easement over Lot A �to serve
Lot B untii� a building �errait for Lot C �is issued
at which tirne a gravel access road r.lust be
constructed.
2. Lot E is designated as unbuildable.
3. Payr.lent of park dedication fee on two new lots.
Council Pieeting - July 10, 1979
Piassengale moved, Fiurr seconded, to give prelir_tinary
approval for the subdivision of Larry Osgood, 365
�Jillow Drive idorth, per the Planning Comr.iission
recorunendations of June 11, 1979, including the three
conditions listed above. Motion, Ayes (3) - P7ays (0) . - -
Mr. Alan Olson, City Planner, entered into the record CO?dDImIOPJAL USE PEPS�IT
the rec�uest for a conditional use permit of ��arren 3870 Shoreline Drive
Ortenblad for 3870 Shoreline Drive, dated Jaunary 16, #452
1979, which states: Warren Ortenblad
:�r. Richard Freeborn represents the applicant. 4
Conditional use permit for dupleY. �oning district
LR-1C-1 (1/2 acre minirlum)
Zsr. Ortenblad requests a conditional use permit to
construct a duplex and a detached garage on a 3/4
acre lot. At least 1/4 to 1/3 acre of the lot is
made up of wetland. This is not a designated
wetland but a wetland created by local drainageways
in Spring Park and Orono draining into the lo�aland
area to the north of lot and to the southwest of
I�ennepin County property. It is ir_mpossible in this �
sea�on to give an accurate . determination of wetland (Continued)
R�GULAR I�IEETIi�G OF TH� OROtdO COUi1CIL, JULY 10, 1979 Page 8
acreage but Planninc� Cor_unission riay feel a variance CONDITIONAL USE PERMIZ
to the Flood Plain Ordinance should be required. 3870 Shoreline Drive
(Continued)
Staff recoru:►ends applicant enter into a �'lowage and
Conservation Easement agreement with City for the
purpose of designating the drainage area.
Entrance - Applicant must submit copy of permit
from Hennepin County stating that he has approval
to use their private road as access.
Building - A variance will be required for detached
garage as no accessory building shall exceed 1, 000 sq.
ft. in floor area. The garage is 1200 sq. ft. and
in a final site plan r.iust be located at least 10 '
�rom r.iain structure.
Planning Commission t4eeting - January 22, 1979
The conditional use permit application for �9arren
Ortenblad was withdrawn by Richard Freeborn.
Mr. Freeborn announced that the additional building
costs involved ���ith construction on this lot �orced
then to seek an additional use. The use of one of
the duplex units as a temporary office space would
require a rezoning but the mixing of residential
use with comr.lercial is inconpatible according to
the zoning code. The applicant will seek com�ercial
property that will allow an office building.
Staff Note - I�Iay 31, 1979
iZr. Ortenblad has asked that his conditional use
application for a duplex, originally caithdrawn at
the January 22, 1979 r►eeting, be reconsidered.
The applicant understands that this structure will
be designated for residential use only. The pronosed -
building meets all of the setback requirements for
the zoning district (LR-1C-1) .
Sta�f recornriends approval of the conditional use
permit based on the following conditions :
l. Applicant enter into a Conservation and I'lowage
Easer.►ent agreement with the Cit��.
2. Duple� will be for residential use only.
3. Review access selected by Hennepin County Highway
Department. Staff is concerned with an access onto
County Road #15.
4. Local drainageway be reviewed by Public [��orks
llirector.
5. City will require a piled foundation for the
proposed structure.
(Continued)
REGULAR PI�ETING OF iIiE OROPJO COUPdCIL, JULY 10 , 1979 Page 9
Planning Comr,iission 2Seeting - June 11, 1979 COrIDITIO��J�1L USE PERP4IT
3870 �horeline Drive
Planning Cor�u-iission advised iir. Ortenblad that the (Continued)
duplex would be for residential use only. The
proposed structure meets all of the setback require-
nents of the district, The septic inspector will •
stake the wetlands for the applicant who is not
familar with method used to determine wetlands
boundary. Planning Commission asked staff to once
again review question of access from County Road
#15 with the Iiennenin County High�aay Department.
Planning Conmission r.ioved to approve the conditional
use application of tiVarren Ortenblad for the purpose
of construction of a duplex subject to the following
conditions:
1. Applicant enter into a Conservation and Flo�aage
Easement agreer��ent with the City.
2. Access to be resolved by stafi, applicant, and
Fiennepin County Highway Department.
3. Local drainageway to be reviewed with applicant
by the staff upon issuance of building permit.
Council Meeting - July 10 , 1979
rsassengale moved, Hurr seconded, to approve the
conditional use pernit request of ��larren Ortenblad
for 3870 Shoreline Drive, per the Planning Conriission
reco . ,endations of June 11, 1979 . PZotion, Ayes (3) -
i•days (0) .
2ir. Alan Olson, City Planner, entered into the record SUBDIVISION
the request of �:ern Hoppe, 950 Sixth Aveniie ilorth, 950 Sixth Avenue North
for a subdivision, dated March 2 , 1979, which states: #464
Kern Iioppe
Zoning District RR-1B - Mr. Hoppe proposes dividing
20+ acres into five lots. Lot 1 contains the original
liouse and appears to have no setback probler.is. All
lots meet the requirements of the zoning district.
�he applicant must obtain a new access perzait from
the County Highway Department.
Planning Corimission Meeting - 2'Iarch 12, 1979
Planning Cor.unission gave conceptual approval to the
proposed five lot subdivision of I�ern Hoppe. Fie
was advised that an entrance perr�lit from the Countv
Highway Departnent will be required.
(Continued)
REGULAR 2iEE�IYlG OF ^HE OROP10 COUPdC�L, JULY 10, 1979 Page 10
Staff Recoru�endation - 2�iarch 26, 1979 SUBDIVISION
950 Sixth Avenue rdortl
Staff recommends prelir.iinary approval of the five (Continued)
lot plat of I:ern I�oppe subject to the follo�ving
conditions :
1. Submission of entrance perr,►it fror.i HennePin
County Iiighway Department.
2. Submission of rec�uired .septic testinc� data for
four lots - Septic Inspector to inspect existing
house' s septic system.
3. Developer enter into a Conservation and rlowage
Easement with City.
4. Plat road to be reviewed by City Engineer upon
rece iFt of County' s report on entrance rec�uire-
r.►ents.
Council i�eet�ng - July 10, 1979
�layor Van Nest moved, Piassengale seconded, to approve
the prelirminary subdivision request of �:ern Hoppe,
950 Sixth Avenue North, per the Planning Conriission
recor:unendations above. r�Iotion, Ayes ( 3) - Nays (0) .
t4r. Alan Olson, Citv Planner, entered into the SUBDIVISION
record the request for a subdivision of Gary 1340 Baldur Park Road
Petersen, 1340 Baldur Park Road, dated June 20, #466
1979 , which states: Gary Petersen
P�r. Petersen has invested tir,ie discussing the road
access issue with the affected neighbors (Gunderson,
Johnson, and Boer) and with sta.ff, ihe following
solution has been agreed upon:
The "plat" will be extended along the road across
- the three adjacent properties, which three owners
will sign approval on the plat. 'I'he cul-de-sac
will be moved to the east (south) end per the June 18,
1979 survey copy. Baldur Park Road will be paved �
from the end of the gxisting paving to the cul-de-sac
where a paved turnaround will be provided. Gravel
driveway will e:ctend into the peninsula. Riprapping
will be installed along the shore to protect the road.
This platting and paving will satisfy the neighbors
and the City by assuring a fixed right-of-way and
b�t allowing City maintenance to extend to the new
turnaround. The changes should benef it all parties.
ihe road change increases the effective lot sizes:
Lot 1 - 0. 69 acre
Lot 2 - 0. 89 acre
Lot 3 - 0. 96 acre
(Continued)
R�GULAR M�ETIt1G OF THE OROPJO COUPICIL, JULY 10 , 1979 Page 11
I recor.unend prelir,iinary plat apProval conditioned SUBDIVISIOiJ
upon the following: . 1340 Baldur Park Road
(Continued)
1. Public road platted across Boer, Johnson,
Gunderson, and subject property 24 ' wide with
50 ' diameter cul-de-sac and 18 ' paver�ent to
match existing road. �urnaround to be paved in
cul-de-sac per Public [�lorks Supervisor ' s
approval. .
2. Private driveway to extend fror,t cul-de-sac to
three building sites, either as a shared drive
as shown, or platted as an outlot 20 ' wide as
shown.
3. Approximately 200 ' of ripranping to be installed
along southwest shore to protect road improve-
ments plus conditions 2 , 3 , 4 , 5, & 6 noted on
my PZay 14 , 19 7 9 r,lemo.
Council P-Zeeting - July 10 , 1979
Psassengale r_loved , Iiurr seconded, to approve the
prelir,tinary subdivision request of Gary Petersen,
1340 Baldur Park Road, subject to a "T" turnaround
inside of the cul-de-sac , park dedication fees being
paid , removal of cabin prior to final plat approval,
and developers agreement for road and sewer improve-
ments. Psotion, Ayes (3) - rdays (0) .
Iiurr moved, PSassengale seconded , to approve the VARIAr10E
variance request of Charles Peterson, 1505 �lorth 505 North Arm Drive
Arm Drive, subject to a screening fence made of �477
natural materials being installed perpendicular Charles Peterson
to the back lot line. PZotion , Ayes (3) - Nays (0) .
rir. Alan Olson, City Planner, inforr.led the Cit_y VARIArJCE/VACATION
Council that the Planning Commission recomr.�ends 2435 Scotch �Pine Lane
approval of the request of Mr. L. J. Tr�halen , #478
2435 Scotch Pine L ane, for a front yard setback L. J. Whalen
variance of 24 ' and vacation of a 50 ' utility
easer,►ent, subject to the following conditions :
�
1. A 20 ' drainage easement to be granted and
filed with title of Lot 3 , Bloc}: 1, Dicon
Addition.
2. Pool to be drained into a tanl: truck when
required.
Iiurr moved, ^7assengale seconded , to approve a
24 ' front yard setback variance for Pir. L. J.
[�Thalen , 2435 Scotch Pine Lane, and to direct
staff to prepare a resolution for a 50 ' utility
easerient vacation , per the Planning Comriission
recommendations, rZotion, Ayes (3) - Nays (0) .
• R�GULAR lZEETING OF THE OROr10 COUNCIL, JULY 10, 1979 Page 12
fiurr moved, Mayor Van Nest seconded, to approve VARIAPJCE
the variance request of Thomas Williams, 425 455 Park Lane
Tonkawa Road, �er the Planning Commission recom- #480
mendations of June 11, 1979 , which are: combined Thomas Williams
lots approved as a building site by Council on
July 28, 1969; lots maintained as separate parcels;
four-acre lot and subject property are divided bv
zoning boundary line: LR-lA to the north and LR-1B �
to the south; lots served by sewer. P4otion, Ayes (3) -
PZays (0) .
Massengale moved, Hurr seconded, to approve the VARIANCE
rec�uest of Charles Coakley, 2166 Shadywood Road, 2166 Shadywood Road
for a variance of 6 ' 7" side yard and 27' 5" front #483
yard setbacks for the purpose of constructing a Charles Coakley
20 ' X 28' garage, subject to no other variances
being granted. r4otion, Ayes (3) - rdays (0) .
Mayor Van Nest moved, Hurr seconded, to table the RHODE/HANNAH/STEWART
Rhode/Hannah/Stewart, 1410 Bohns Point Road, Easement Matter
easement matter until r,►ore information is available. 1410 Bohns Point Road
Motion, Ayes (3) - Nays (0) .
I�iayor Van Nest moved, Iiurr seconded, to table the STUBBS BAY STUDY AREA
Stubbs Bay Study Area Resolution until the next
Council meeting at the request of rsr. Louis B.
Oberhauser, attorney for James McCleary. tlotion,
Ayes (3) - Nays (0) .
Mayor Van 21est moved, Hurr seconded, to table the STUBBS BAY MARINA
Stubbs Bay Marina license until the next regular LICENSE
Council meeting. t�sotion, Ayes (3) - iJays (0) .
P�ir. Bruce Douglas, attorney for PZr. Larry Hork of NORTH SHORE DRIVE
North Shore Dris�e Diarina, was present to discuss MARINA LICENSE
the 1979 marina license. Discussion concerned
presentation of a survey showing present 929. 4
elevation. Mr. Douglas promised to send to the
City a written summary of the legal and factual
arguments to support his argument for revision
of ordinary high water mark.
D�ayor Van Ne§t r:loved, Massengale seconded, to PdORTH SHORE DRIVE
table the North Shore Drive Marina license rZARINA LICENSE
until a full Council is present. Motion, Ayes (3) -
Nays (0) .
PZayor Van Nest moved, Massengale seconded, to GAYLES MARINA LICENSE
table the Gayles Marina license until a full
Council is present. Motion, Ayes (3) - PJays (0) .
REGULAR P'IEETING OF THE ORONO COUNCIL, JULY 10, 1979 Page 13
Mayor Van Nest announced a public hearing set for PUBLIC HEARING DATE*
July 24 , 1979 at �7: 00 �P.M. for a proposed fire Fire Code Ordinance
code ordinance.
P�assengale moved, Hurr seconded, to adopt Resolution RESOLUTION #1055*
#1055, A Resolution Approving The Plat Of Fiolly Holly Acres
Acres, for Mrs. Roy Hollander, 225 Sixth Avenue 225 Sixth Avenue North
North. P•iotion, Ayes (3) - Pdays (0) .
2•?ayor Van Nest moved, Hurr seconded,to table CONDITIONAL USE PERMIT
the request for a conditional use perr.►it of 3220 Navarre Lane
Richard Proudfit, 3220 Navarre Lane, until the #459
applicant is present. P•iotion, Ayes (3) - Nays (0) . Richard Proudfit
P��r. Alan Olson, City Planner, entered into the SUBDIVISION
record the subdivision request of Loren Klitzke, 555/575 Oxford Road
555/575 Oxford Road, dated June 25 , 1979, which #482
states: Loren �:litzke
Planning Commission recommends for preliminary
approval the proposed lot line rearrangement plat
of Klitzke Addition as both resultin_q lots contain
over two acres dry buildable and apnroved drainfield
sites. Approval to include:
l. Vacation of existing drainage easements and
establishment of new drainage easements as
located by P�tike Gaffron, including a new
Flowage and Conservation Easement.
2. Variance for drainfield location 10' from
property line.
3. No park dedication fee (fees paid with both
lots already)
Alan Olson also stated that he concurs with the
Planning Commission and recommends approval per
the Planning Comrmission conditions.
The rearrangement was occasioned because the
approved drainfield �ite on original Lot 4
happened to be where Mr. Klitzke desired to place
his house. Careful review by Mike Gaffron helped
to provide, the option presented here, and also
discovered the excessive drainage easement dedicated
on the original plat. F�or some unknocan reason,
the original surveys showed the wide lakeshore
wetlands although our wetlands maps show a smaller
lot area consistent with what rir. Gaffron found on
site. Psore care by the original developer in
choosing house sites could have avoided this
du�lication. (Continued)
REGULAR MEFTING OF THE ORONO COUrdCIL, JULY 10, 1979 Page 14
rir. Klitzke on June 27, 1979 has requested SUBDIVISION
permission to start house construction before final 555/575 Oxford Road
approval. Norrially, permits are never issued on (Continued)
properties undergoing division until final approval
becatLse lot lines (setbacks) may change or the
division may never be pursued.
The proposed house is 25 ' off the existing side
property line and 65' off the proposed side line.
Without coripletion of the plat, and with this
house location, original Lot 4 would have only the
alternate drainfield site available.
Because P�Ir, Klitzke currently owns both lots, I
feel comfortable in recommending that the house
construction can proceed if the lots are legally
combined for tax purposes until the final plat
is approved. This will preclude sale or construction
on Lot 5 until the rearrangement is completed.
Council P�eeting - July 10, 1979
r�ayor Van Nest moved, Massengale seconded, to
approve the lot rearrangement for Loren Klitzke,
555/575 Oxford Road, and vacating the existing
conservation easement as recommended by staff and
Planning Commission; also, authorizing a building
permit being issued prior to final plat approval
and variance for drainfield location 10 ' frort
property line. PZotion, Ayes (3) - Nays (0) .
Mr. Alan Olson, City Planner, entered into the VARIANCE
record the Planning Commission recommendations 3844 Cherry Avenue
dated June 25, 1979 , which state: � #486
Francis A. Nelson
The Planning Commissi..on recommends approval of
the variance request of Francis A. Nelson, 3844
Cherry Avenue, to make Lot 10, Block 3, Crystal
Bay View, a buildable lot subject to the following
findings:
l. P10 adjacent land available.
2. Sewer connected to existing cabin
3. Future owner to build a ho�fse that would
not require any setback variances
4. Future home designed to meet hardcover limitation
of 1,538 sc�. ft.
5. Prior to issuance of building permit, shed and
existing structure to be torn down.
(Continued)
REGULAR MEETING OF TIiE OROP�10 COUNCIL, JULY 10, 1979 Page 15
Council Meeting - July 10, 1979 VARIANCE
3844 Cherry Avenue
Piayor Van Nest moved, Plassengale seconded, to (Continued)
approve the variance request of Francis A. Nelson,
3844 Cherry Avenue, per the Planning Commission
recommendations of June 25, 1979. Motion, Ayes (3) -
Nays (0) .
P4r. Alan Olson, City Planner, entered into the VARIANCE
record the recommendations of the Planning Corunission, 1432 Baldur Park Road
dated June 25 , 1979 , which state: #487
John Pdyquist
The Planning Commission recommends approval of
the hardcover variance application of Mr. John
Nyquist, 1432 Baldur Park Road, on the condition
that the proposed accessory steps from the dining
area cannot come closer than 43' access (front line
of existing home) to the lakeshore.
Council Meeting - July 10, 1979
Massengale moved, Hurr seconded, to approve the
variance request of I�ir. John PJyquist, 1432 Baldur
Park Road, per the Planning Commission recormiendations
of June 25, 1979. Piotion, Ayes (3) - Nays (0) ,
Mr. Glenn Cook, City Engineer, discussed a letter to LUCE LINE TRAIL
r4r. James Bloemendal, Department of Natural Resources,
frori Bruce P'Ialkerson concerning the Luce Line Trail
at the ring route site and the proposed parking lot
for the Luce Line Trail.
Mr. Glenn Cook, City Engineer, presented the City PROGRESS REPORT
Council with a progress report for the construction
of the ring route.
P�lr. Glenn Cook, City Engineer, presented plans HIGFi[aAY #12 & OLD
from the State of 2�iinnesota Highway Department CRYSTAL BAY ROAD PLAN;
regarding proposed changes at the intersection
of High�vay #12 and Old Crystal Bay Road.
Discussion followed concerning the number of lanes
that are proposed at the intersection. mhe consensus
was that one right-turn lane, one left-turn lane, •
and one through lane each way would be sufficient
to handle traffic at that locatio n. The Orono School
District will hold a public information meeting on
August 27, 1979 concerning the oroposed project.
�
REGULAR t�iEETIidG OF TIiE OROi10 COUtICIL, JULY 10, 1979 . Page 16
i1r. John Gerhardson, Public FVorY.s Coordinator, COFFEE & NOERENIIERG
presented the City Council with a mer.io concerninq BRIDGES*
the Coffee and tdoerenberg bridges, dated July 5,
1979 , which states:
On Thursday, July 5, 1979, I received a call from
Mr. Clayton Nolbe, Iiennepin County. 2ir. Pdolbe
stated that on Tuesday, July 10, 1979 , the Coffee
bridge will be opened and an �aednesday, July 11,
1979, the Noerenberg bridge will be closed for
repairs.
P1r. Nolbe explained that approximately one inch
of concrete will be removed from the deck of
the Pdoerenberg bridge to determine the amount of
damage and repairs will be made accordingly, A
complete redecking should not be necessary.
Because it is unknown at this time the amount of
work to be done on idoerenberg bridc3e, it is unknown
how much time it will take; however, it should not
exceed 45 working days.
Ilotification to the necessary ermergency agencies
and service agencies will be done by Hennepin
County and the City of Orono.
riassengale moved, Hurr seconded, to appoint APPOINT_MENT*
Robert J. Fischer to the Police Department Robert J. Fischer
at a rate of $1,17II.03 per month effective
July 2 , 1979. P4otion, Ayes (3) - Navs (0) .
rlassengale moved, Hurr seconded, to erlploy EI�iPLOYliEPJT*
John Sass as a light equipment operator . for John Sass
the Public Works Department at a rate of $7�25 --�
per hour, effective July 16 , 1979. Motion,
Ayes (3) - Nays (0) .
Mr. John Gerhardson, Public Works Coordinator, 1979 SEALCOATING
presented the City Council with a mer.�o concern- PROGRA.►�I*
ing the sealcoating prograr.i for 1979 , dated
July 3, 1979 , which states: 4
This year, the Orono Street Department will
sealcoat as per master plan area C and part of �
area D. For these streets, it will take approxi-
mately 47000 gallons of RC8 oil and approximately
2000 tons FA-2 sealcoat rock.
Al1 materials used will be priced according to the
1979 equipment and material bid sheet and the amount
of material for this year' s program will ar►ount to
approximately $35,000. (Continued)
REGULAR PSEETIrIG OF THE OROtlO COUtdCIL, JULY 10, 1979 Page 17
This was budgeted for in the 1979 maintenance 1979 SEALCOATING*
budget. Time and weather permitting, we should (Continued)
�egin sealcoating on July 23, 1979. A list of
streets that will be sealcoated are on file in
the City offices.
2Zassengale moved, Hurr seconded, to accept the MAY 1979 ACTIVITY
P4ay, 1979 Activity Report frr�m the Orono Police REPORT*
Department. r4otion, Ayes (3) - P1ays (0) .
Massengale moved, Hurr seconded, to accept the SUMMARY OF RECEIPTS, *
Sur:unary of Receipts, Disbursements and Balances etc. April, 1979
for April, 1979. Motion, Ayes (3) - Nays (0) .
Massengale moved, Hurr seconded," to accept the SUriMARY OF RECEIPTS,*
Summary of Receipts, Disbursements, and Balances etc. Year to Date
for the year to date. Motion, Ayes (3) - Navs (0) .
The Joint Police Cor�mittee 2�Ieeting will be held JOINT POLICE COMPZITTEE
at the Long Lake City Hall on July 11, 1979 at PiEETING*
7: 30 P.M.
The City Council was presented with a memo from REFUND*
Jeanne Mabusth, Building & Zoning Administrator, Carol LaQuey
dated July 5, 1979 , which states:
Carol LaQuey, agent for the Centurion Companv,
has withdrawn her sketch plan application for the
property located at 2620 Fox Street. A preliminary
survey revealed less than the required four acres
of dry buildable land. The refund check of $50. 00.
should be made payable to Carol LaQuey. _ -
Council DZeeting - July 10, 1979 '
Massengale moved, F3urr seconded, to approve a refund
to Carol LaQuey in the arlount of $50. 00 for a sketch
plan application. P4otion, Ayes (3) - �1ays (0) .
�
P•4r. Thomas Kuehn, Finance Director, presented the 1979 STATE SHADE TREE
City Council with a memo concerninq the State Shade PROGRAi�i GRANT*
Tree Program Grant for 1979, dated July 6 , 1979 ,
which states:
The State Legislature has extended the shade tree
disease control .and reforestation program through
1979 and 1980. Under this program, the City will
be reimbursed for up to 500 of the eligible costs
incurred after January l, 1979. (Continued)
. � . -
REGULAR MEETIIIG OF TFiE ORONO COUPICIL, JULY 10, 1979 Page 18
In the case of Orono, we could receive up to $14, 687 SHADE TREE PROGRAM*
under this grant program, (50$ of $29 , 373) . (Continued)
The stipulations for participating in the program are
as follows:
l. City must complete 1979 Shade Tree Program
application form.
2. City must complete 1979 Shade Tree Program
Description forr,i.
3. City must have a certified tree inspector.
4. City must have an authorizing resolution relating
to the 1979 sanitation and reforestation program
and budget.
5. City must have an ordinance and/or perr.►it system
dealing with the utilization and storage of elm
firewood.
6. City must designate the area in which shade tree
disease control and reforestation activities will
be conducted.
7. City must appoint up to seven residents, or
designate an existing municipal board or committee
to serve as an advisory committee to the City on
the reforestation program.
Over the past several years, Council has acted on all
of the preceeding requirements except items 4 & 7 ,
which were not previously required.
A resolution is enclosed dealing with item 4 and
should be passed if found acceptable. - -
In the past two years, the City has submitted a reforestation
budget under the grant program but for one reason or
another has not incurred any costs under that portion of
the shade tree program.
For 1979 , the budget estimate for reforestation costs
is $5, 105 of which this City is eligible to receive `
$2 , 552 (SO%) . If it is determined that we will probably
not be incurring costs under the reforestation part
of the program in 1979 , then it is not necessary to
complete the requirement under iter.i 7. If it is
deterriined that we should participate in the reforestation •
portion of the program, I believe that we can have some
• extra time to complete item 7 because of the short notice
of this requirement.
. (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 10, 1979 Page 19
Council PZeeting - July 10, 1979 ItESOLUTION �1056*
Shade Tree Program
D4assengale moved, Hurr seconded, to adopt Resolution (Continued)
#1056 , A Resolution To Authorize Participation In
The 1979 Minnesota Shade Tree Grant Program. P•lotion,
Ayes (3) - Nays (0) .
The City Council discussed .the proposed fire code PROPOSED FIRE CODE
ordinance that will be agended at the next meeting ORDINANCE
as a public hearing.
Discussion centered around gasoline storage tanks,
whether or not they were hazardous under certain
conditions, and rules and regulations of the State
Fire Code.
Massengale moved, Hurr seconded, that the All Funds BILLS*
Accounts 3938 through 3982 , 11677, 7809 through
7851, 19742 through 10744 and Liquor Store Accounts
13143 through 13171, be paid. Motion, Ayes (3) -
P1ays (0) .
Massengale moved, Hurr seconded, that the meeting ADJOURPIMENT
be adjourned at 12 : 55 P.M. t�Iotion, Ayes (3) -
Nays (0 ) .
Lit���� /' Q'-�_.
Y
t�illiari B. Van Nest, Mayor
Attest: ��G/
Walter R, nson, City Administrator
��