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Home My WebLink About11-26-1973 Council Meeting Minutes � • . . � VILLAGE OF OkONO • Regular �Ieeting of t;le Villa�e Council, 7 : 30 P.i�1. • iJovember 26, 1973 AT:ie Village Council met on t�ie above date S �vith �che followin� members present : Council- men Butler, �orn, i�lassengale, and !'!elsii. � �iayor Oberliauser abse�zt. • 13utler moved, T�Jels�� seconded, t:iat t;ie :�iINUTES • �iinutes of t;ie Regular ��Ieeting of Nove��i- November 12 , 1973 ber 12, 1973, be annroved. �Iotion, Ayes (4) - ` ilays (0) , • , � �3utler moved, f`delsl� seconded, that tiie `1INUTES �'iinutes of trie Pub�ic rIearing on Sewer Uctober 18 , 1973 � Project 73-1 , Octoner 18, 1973, tie approved. Iotior�, Ayes (4) - iVays (0) . • � i3utler moved, ZVels�i secondect, t;iai: tiie .�INUTES ' �iiiiutes of tiie continued Aublic Hearin�; November 1, 1973 on Sewer Project 73-1, iJove�nber 1 , 1J73, � ue approved. i:lotion, Ayes (4) - ilays (0) . � liutler moved, IVelsh seconded, t:iat the i�IINUTES � �-ii�iutes of t.ie continued Public 1-Iearirig Novemuer 3 , 1973 on Sewer Project 73-1 , Novemuer � , 1973, + uc; approved, iiotion, Ayes (4) - Nays (0) . � Acting iiayor Uorn opened the Public :Iearin� PU�3LIC HEARIT�iG � on the vacation of Crystal Bay Road at 7: 43 P,ii. Vacate Crystal >ay Road T��e Villa�e Acl�ninistrator presented tlie Notice � of Public riearing, tlie Affidavit of Publication, ai�u tiie Certificate of :�lailiiig to affected • i�roperty owiiers. Tlie follo�aing persoiis anpeared and �,rere �;iven an opportunity to be • iieard: � ilame Comments � `ir. Sutter T,�e "�" curve is dangerous and very • slinpery. Tiie existin� speed lin,it o_f 15 i�iPi� cannot be enforced. Ground is � erodin� ataay uncierneath t;ie roaci. The � fire hydrants are all in tiie '�acic of eac,i indivictual ' s property. Blocl;ing � off o� t,ie road �aould beiiefit everybody. Tne petition that was nresented to the r Council is a list of tne neople w}io are � in favor of vacation of tIie street . Tiie entire roal is unsafe, � (Continued) • � � • r . � i��IIr;UTE5 OF A REGULAR A7EETIIVG HELD NOVE!�BER•:26 , 1973 �'age 2 � Name Comments � Charles lUelter The vacation of the street is a good f idea, Tliere are about 30 children that live in t�iat area and they are constantly • crossing t�ie road to get to the lake all durin� the summer. Cars and motorcycles � sx�eed tlirougii the area and it is a very � daii�erous situation. People who do not live in the area seem to be the ones � who race their vehicles on the road. The advantage of vacating the street is � tllat everyone has anot�ier access to tlieir property. � Dr. ;�ikkelsoii A lot of new families within the past � five years have moved into tlle area � �vith cliildren, There a.re approxmiately 13 children that are very near ivhere I � live. There are, of course , more snow- mobiles and bicycles sold each year and � it seems that traffic on the road increases, iVitii the increase in traffic, • comes an increased poteiitial to iiave an accident . I , myself, have had many close � calls �Jitii accidents oii tiiat road and I � have a back access. I �vould like to see tlie street vacated. � James r�einhardt I am concerned witli tra ffic and tlie large � number of children that live in the area. T�ie road is to narrow and there is • erosion going on ul�der minin�; the road itself. • Bill 1Volfe I :iave a great deal of concern over the : children in tlie area. I think that all � through-traffic should be stopped. � Judy lVelter There is a great deaZ of speeding motor- cycles on tliat street. We s?iould elimi-. � nate all tilrough-traffic. � ` i,irs . George :-loss Tlie existing road is not a hazard. I � have raised several c,iildren in the area and have not had any accidents . In the � past, the Village Councils have refused to close the road off and stated that it • taas against public policy to close off public roads, jVe ask t?iat you give us • a road in the back of our �roperties be- fore you close off tlie road on the lake ` side. Th�re have been no accidents on � Crystal Bay Road. `-1rs . Strandberg There is no room for a turnaround if the � road is cut off, • • (Continued) � • '�IiJUTES OF A REGULAR ;TEETIIJG HELD NOVE;tBER 26, 1973 Page 3 � Name Comments � Bruce i,9oss Closing off the road �aill give people � siioreline property. If the lakeside road is cut off, I clo not have access into the � back of my property. � Phil Gross I do iiot ioant to see tlie road blocked at either end; just slow t�ie traffic down. � I feel that the Village iias been negli- � gent on the u�keep and maintenance of t:ie road was t�ell as »atrol of that road by � �:ie nolice department . � Leroy Erger If Crystal Bay Road is blocked, I �vould iiave to close off my garage and remove • several trees in order to obtain back access to my nronerty. Control of � traffic seems to be tlie bi�;gest problem � and �;ie sneeding offenders are primarily those neople wiio live in the area. � 'Trs . Darling ?Vho �,�ill pay for tlie road if it is cut off � and a cul-de-sac �ut in at the far end? HOlJ will the school �us get to tlie � Ct111.;�T'eri? • After all persons present tvere given an + opportunity to be lieard, Acting Playor �orn � closed the public hearing at 8 : 27 P.r�I. :-�Iassengale moveu, j�delsh seconded, to table STREET VACATION w the request for t�ie vacation of Crystal Bay Crystal Bay R.oad ttoad until January 14, 1974, pendin� • further investigations of tlie nro'olems on tiiis road by th� Village staff ta include • safety, problem of speeding and traffic � coiitrol in tlie area; conductin.g a traffic count to determine the actual amount of � traffic on tlie road, to contact tlie P7i►inetonka Beacii Council to get their comments and S position on closina t'iis road, and to instruct ttie police denartmenz to provide • more control in the area. "iotion, Ayes (4) - Nays (0) . � � i3utler moved, '�7assen�;ale seconded, to approve CORRECTION OF �•iINUTES � t.1e buildi,ig permit for tlle Partent,tood plat Partenwood by ,iavin� t�Ze motion amended that was made � by tiie Village Council on iVovember 12, 1973 to read as follo�vs: To grant tlie variance to • Rebers Construction Compa�iy for tiie setback a�id buildiiig moratorium, subject to approval � of tlie tYatersiied District to construct a house at this location at Partenwoocl. The l�'aterslied llis�trict must also grant a variance � to t;le 75 ' lake setback rec�uirement . The portion to be deleteci of tiie motion made on November 12, � 1973, is t,iat �ortion of tile sentence wnicii states tha� t}�4 house must sit on the minimum setbacic line. � i.fo��.an, Ayes �4) - iVays (0) . r • .. . ;�IIi�tJTES OF A REGJLAR 'I';ETIiJG HELll NOVEiriBER 25, 1973 Page 4 � ��Jelsli moved, Butler seconded, to adopt ORDINANCE N0. 158 � Ordinance ;'do. 158 concerr.ing tlie moviiio of l,-ioviiig Houses houses into and out of t':ie Village of Orono, � subject to amending Section 13 to read $300, iIotion, Ayes (4) - idays (0) . • � `iassengale moveci, l'delsli seconded, to grant FINAL PLAT approval of -�he final pla�c of Volk � Johnston Voll: �, Jo;inston Addition • aaaitio��. Tliis approval is being �;ranted subject to the following conditions being � complied taitii: � a. An easement of a minimum of 16 ' be granted throunli and over Lot 3 to Lot 2. � b. The amount of �640 will be pai�. to the � Village of Orono for its parl: dedication fund. + Tiiese conclitions are to be complied i,►ith before tiie issuance of a building permit. � i�iotion, Ayes (4) - Nays (0) . = b'Jelsii moved, Butler secondecl, to aba�te:� � A?iEND ASSESS��IENTS � t�vo sewer u�iit ciiarges of the Vollc � Joiuzston Volk � Johnston Addition Addition. ;lotion, Ayes (4) - iVays (0) . • � t�Jels;i moved, Butler seconded, to table tiie SKI TOiVI<A � conditional use permit reauest of Ski Toiika u.itil after tIie inspection of tiie Ski Toiika operatioii has been performecl by an inspector � from t;ie firm of Turnbull u Plwnber which is located in Great Falls , i�tontana. Tlzis • conditional use permit will then be put on � the next Council agencia after the inspection. i�lotion, Ayes (4) - idays (0) . • • I3utler moved, !�delsh seconded, to approve tlie SUBDIVISION subdivision of tiie Freshwater 13iological Freshtvater Biological Iiistitute on t3ie condition that Parcels C, Institute � ll, � E will be combined. Be it further � resolved tiiat Parcels C, ll, �, E sliall not iii any way be used tio compute dwellin� unit � credits , setback rec�uirements , or density creclits of any type as to iiifer a t�ansfer • of these credits from C, D, � E to adjoining . laiid. In no iaay does the approval of tliis subclivisioii permit any transfer of any tyne � of credits from this property to any otlier property. i�iotion, Ayes (�) - i�lays (0) , • � Butler moved, itassei�gale seconded, to anprove VARIANCE t�ie variance of Stepiien Kaster, 2675 Fox Street, 2b75 Fox Street � due to tne fact t;iat it is the highest and best use of �he pronerty. It is a oiie building ` site and t�ie indiviclual has not dis�turbeci any �rees oii Iiis proper�y. P�lotion, Ayes (4) - Nays (0) . • ♦ � � ,.IIIJtJTLS OF A REGULAR :iEETING �IELD NOVEi4�3ER 2G, 1973 Paae S • :,Telsh :novecl, Butler seconded, to approve VARIAiJCE • thL variai�ce of Robert Ge�:rman, 4300 Sixtli 4300 Sixth Avenue Nortn Avenue ��iorth. i��lotion, Ayes (4) - IJays (Q) , • � T'ie Village Adminis�rator aslcecl t;ze Couiicil UVSEIdERED AREAS to delay consideration on lot sizes in a u?:se�aered areas until a later Council � mee�ing. � i�utler movecl, ��lassen;ale seconded, to nermit I3UILllING '-�OVING PER��iIT � :ir . Lloycl Draper, 3955 �'Jebu Street, to move 3955 iVeUb Street a house from Edina i.o ��ie site in Orono, � sul�j ec-t to c omplyiiig to the ne1,r ordinaiice w,iich tli� �/illage Council passeci tnis evenin� • concerniiig the movin� of Iiouses into and out • of tlie Villaae of Orono, i�otioii, Ayes (4) - ilays (0) . � � i•iassengale moved, Bu�tler seconded, to approve BUILllING PER;IIT the building permit a�id �rant a variaiice to 2075 tVebber �Iills i2oad � t�1e moratorium to the Van Ee� Icliout Construction Co. , 2075 t'Jebber Hills Itoacl, subject to tlie ! engi�ieering firm o£ ,'icCombs-I<nutsoii az�proving • the final clesign and installation of t;ie septic � system and tliat tiie sentic system be �lesigned for a mini�nal operation of five years. i�-iotion, Ayes (1�) - Nays (0) . • � '��Iassengale movel, Butler seconded, to grant a BUILilING PER�2IT building permit and �rant a variance to tlie 960 nartenwood • mora�orium to Gary Krimmel , 960 Partenwood, � suuject to tiie eiigineering firm of `IcCombs- �riutson approvi�ig the design and installation � of t;ie septic systern and t:iat the septic system must be desi;ned for a minimal ` ol�eration o� iive yea�s. ��Iotion, Ayes (4) - i�iays (0) . • • Bu�ler moved, ilassengale seconded, to incZude PUBLIC I-fEARING DATE • tlie liauor rec{uest in the public hearing to be Liauor Request �o��au�tea vy the Planning Commission on � llecember 17, 1973, concerning tiie request for a restaurant application t?iat iias been presente�. � by iZoii koeloff and llon Zeanchock, It is the Cour�cil ' s desire that the Planniiig Commission � not only coiisider t;ie special use and builsiiiig permit t;iat is presently before it but tlie � issuaiice of a liauor license in all zo�ied � areas as well . :'lotion, Ayes (4) - Nays (0) . � i • � � � .'IIidJTES OF A it�GULAR 1�4EETItJG HELll NO`JEb�113ER 26, 1973 Page 6 • ilorr� movel, Butler seconded, to apnrove t;ie BUILDING P�RI`�iIT • division of Thomas Thompson, 4345 1�datertown 4345 tVaterto:vn Road itoad, ar�ci -co grant a variance for a building � permit *.o the current moratorium. Tliis � apnroval is being granted subject to final reirie�,� of t�le division to be done and � apnroved by Dexter i�larston and that tiie septic �ystem �vill be an�?roved by tlie � �Tl?1?1!�nT1I1�; firm of i�lcCombs-I:nutson. The ;�a.th dedication fund in this �articular case • taii� I�e ,vaived, ilotion, Ayes (3) - Nays (1) . Councilman �iassengale i1ay. • � �3u��.�_e� t;;oveu, 1'dels�i seconded, to authorize IdATER AGRE��fENT tl.e Villabe Admiuistrator to sign t,ie proposed Howard Johnson � Agreeinei�t 'oettaeeri the Village and T.Ir. Hoivard � Jol��so�s �oncerning the water easements. ilotion, tiye� (4) - Nays (0) . • The �Iillage Covnc�l accepted the letter from SCHOOL DISTRICT 284 � IncIE pcnclent Sc;iool District 284 and felt t?�at � tI.?.� coi��::ept was a good idea. � T::e iTi;�_�?a�e Council accep�ed tiie new pages for C011E BOOIC • t1ie _o�-.e boolcs . � Dc�i_ ��:o�,-ec1, t'Jelsii seconded, triat the Village ILLEGAL PONDS staf� ;Y:�,truct eac;i of the individuals listed w as iia�riiiv an illegal pond on tiieir property � that they must come into t1_ie Village Hall and Fi1i au-c tlie appropriate application for the � condition�l use nermit tIiat tney should have before 1red�ing is allot,recl. The en�ineering � fir�r� of �1cCombs-Ki�utson wzll also examine each of `j�e;;e nonds and with thc information • ob-�az;�eci from the nermit, make a recommendation te t�iE ��ui�cil as to tiie appronriate action that � iieec:s tc �e takeii taith eacli of these ponds, and � to �cie��fy any existing problems tliat currently exis cs ?�it1i t�iem. :�iotioii, Ayes (4) - Nays (�) . • S i3ut�L: i11C1VE:Ci� l�elsh seconded, to approve the OCCUPATIONAL SAFETY f propcse�. �ccupational Safety �, Health Act I-iEALTH ACT � prograr�i as presented by the Village Administrator. Tl:is program no�a oecomes tiie official policy � of tiic V;llage a�id iai11 be carried out with great a��en�.ioi: to cletail . The Villa�e Council has • co�icern for tlie safety healt}i and welfare of its e�;p�oyees and ��is�ies tha� as sa£e an environment � as r�o��'o�e can be created within tiie Village � governm��t. T�Iotion, Ayes (4) - Nays (0) . • Tii. V�?1�� Council acce�tecl a series of letters LETTERS fron� ci�izeris in t,ie co�nmunity concer.ziiig Project Sewer Project 73-1 � 73-•?. t:_a-� �aere presented by the Village Adminis- • �7:2� Os o � � �-1INUTES OF A REGULAR MEETING HELll NOVEPIBER 26, 1973 Page 7 � i3utler moved, ZVelsh seconded, to sign and LONG LAKE-ORONO AGREEi�IENT � forward to the Village of Long Lake the Hackberry Hill Area nronosed Long Lake-Orono Sewer Agreement � wiiich cancerns t}ie Hackberry Hills area. Acting ?�iayor porn and the Village Admiiiis- � trator are aut;�orized to si�n tIie Agreement. � i�iotion, Ayes (4) - Nays (0) . � The Village Administrator informed the Council LETTER at this time that Mayor Oberhauser had instruct• Drelging - Big Island � ed him to write a letter to tne Department of � Natural Resources stating that the Village of Orono stands in very strong opposition to any i dredgin; to be done on Big Island in Lake '�tinne- tonka and that the ��zllage of Orono requests � tiiat t:ie permit granted by the DNR to Hennepin County be witlidrawn and made null and void. A � copy of tiia� letter has been sent to the State. • Butler moved, i�7assengale seconded, to call for PUBLIC HEARING DATE • a public hearing concerning tiie issuance of a Kennel License dog kennel license for John Lanier, 3060 Fax � Street, Ttiis public liearing will be conducte�l � on llecember 10, 1973 at 7: 30 P.i�I. at the Village Council Chambers. i.iotion, Ayes (4) - Nays (0) . 1 � Butler moved, ilassengale seconded, to approve TRADE LICENSE the following license: �iotion, Ayes (4) - IVays � (0) . * iIoglund i�Iechaiiical Contractors - Plumber � Butler moved, Welsh seconded, that tiie All Fund BILLS Accounts 15103 tIirough 151G7 and Liquor Store '� Accounts 9721 through 9745, be paid. i-Iotion, .� Ayes (4) - Nays (0) . ♦ Butler moved, �9elsh seconded, that the meeting AIIJOURNi�4ENT be adjourned at 1: 15 A. "i. P�totion, Ayes (4) - � Nays (0) . • • �'j � .- �'J!_% "--� //�� .� � Earl N.� Dorn, Acting i��iayor • ! � Attesr: ,�:f�� '�L_.�-� ;. � ' � ames . os y, r - minis ra or • •