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Home My WebLink About10-27-1975 Council Minutes � � ' � r CTTY OF ORONO � Regular iieeting of the Orono Council, 7 a 32 P,r2. �ctober 27, 1975 � �i'he Orono Council met on the above date with � the following members �resents �tayor Searles, Councilmembers Butler, Paurus, and 6aelsh. � Councilmember T�Iassengale absent. Also presente City Administrator Benson, IIuilding & Zoning � Administrator Pfiuhich, and City Attorney �ialkerson, M A Butler moved, Paurus seconded, that the iiinutes T�TII�IUTES of the P�egular t�ieeting of October 14, 1.975, � be a�Proved, ?Zotion, Ayes (4) - Nays (0) 0 � • I3utler moved, Paurus seconded, that the resig- RESIGNATIOTIS nations of Dave Opheim and I'ern Kubalsky be Dave Opheim • accepted with deep regret and sincere appreciation Fern Kubalsky for their contibution and dedication to the Orono * Park Commission and con�ununity. r�Iotion, Ayes (4) - Tsays (0) , � � �7oris Schroeder announced that the Human i2ights :iU��1AN RIGHTS COI�iTnIEi�TTS � Commission will hold their mext meeting Thursday, �ctober 30, 1975, 8 0 00 P.I�Ie in the Council Charnbers o � ._� representative from the P-Ietro Council will l�e ��resent to discuss the Housing Survey and ,� Inventory procedures. • Iir, I3rad Van D1est, Planning Cor.mmission member, CORPS OF ARR�IY ENGINE�RS � reported to the City Council that as Orono°s Report ` re�resentative to the Corps of Army Engineers rneeting held October 17, 1975, 1: 30 P,II, at � the Freshu3ater �3iological Institute concerning t:ieir regulations affecting Lake Tlinnetonkas � The following comments are offeredo � The Corps of �rrny Engineers regulations are governed by two distinct laws, Navigable anc� � T3istoric, � lo All waters in tlinnesota fall within Chapter 404- � 1972 laca regulating rip rapping, filling, etc. , 2, rl�he �iistoric la�a of 1889 regulates decks, buoys, etc, � � �i'he engineers are recommending that }�lanket ��ermits be issued to Lake P4innetonka for the i _nstallation of private dockso moorings, and rip rapping, The Corps of Army Engineers ca�ill � accept Lake i-linnetonka Conservation District regulations, There �aill be further findings 7 of fact through further meetings for final district approval. � a � . � OROivO COUNCIL FIE�TING HELD OCTOBER 27, 1975 Page 2 • Butler moved, Paurus seconded, that the request VARIANCE for a variance for a garage setback for I-�ary 3271 Casco Circle �Lang and i�is, Gomez, 3271 Casco Circle, be � referred to the Planning Commission, F�Totion, Ayes (4) - Nays (0) . • � Fienry T�TuYiich, Eiuilding & Zoning Administrator, VARIANCE stated to the City Council that staff has 2435 Scotch Pine Lane � reached a viable solution to the Richard Kennedy, + 2435 Scotch Pine �ane, v�riance request. � �ir, Frank Burg addressed himself to the City Council stating that he met at the City r Administration building October 24, 1975, 1a00 P.t2, with i�Tr, nick Benson, City Administrator; rZr. � Henry iJluhich, Building & Zoning Administrator; � %Iro SkiP P3cCornbs, City Engineer; and P�r, Rick Sather, rTcCombs-Knutson staff, to reach a � solution to his client's variance requesto IIr, :3urg stated that he has revised his original � Plan and does �ro�ose to stay above elevation 930 to the edge of the wetlands and will not attempt to fill wetlands as proposed before. � Planninc� Commission Chairman John Guthrie and � Comrnission member I3rad Van Nest reviewed the revised plans and concur that the revision was + an acceptable alternative. The City Engineer°s merno dated October 27, 1975 was introduced, which ` stated thato � "In accordance �aith the Council°s instructions, � ��e have met with P1r. ICennedy°s engineer, Frank Burg of Consulting Engineers Diversified to review � a revised proposal for a filling of a portion of the subject lot, I�ir, Kennedy has revised his plan � (see attached copy) to correspond generally with our suggested alternative solution to his original � proposal; as outlined in our letter of October B, 1975a I7r, ICennedy's current proposal calls for � fill to be placed above the 930 contour elevation, � along the westerly lot line of his property, This fillinc�, although it is proposed within the 26 foot � setback from the marsh, iaould not extend into the marsh itself, and would not rec�uce the 100 year r storm storage capacity, nor would it c'.ecrease the nutrient assirnilation capacity of the marshe � From an engineering standpoint, therefore, we • do not find the proposal objectiona�le, as long as the area distrubed by earth work operations is � sodded as quickly as possiblee ` � (Continued) � r � , . r ORODdO COUNCIL iy1EETING HELD OCT�BER 2 7, 19 75 Page 3 � "�s �ae mentioned in our October 8, letter we VARIANCE pro�ose that the City construct a catchbasi_n 2�435 Scotch Pine Lane �i.n the low noint in the cul-de-sac, and install (Continued) � a storra sewer from this point to the edge of the wetlandso The catchbasin and 80 foot of_ storm A setaer pipe can be installed at a materials cost, of approximately $725, � • In the event the Council grants a variance to the raarsh land setback and permits i��r, ICennedy to � �lace his fill as proposed, t�ao conditions are in ordere 1) T��1r. �:ennedy should grant to the � City a utility and drainage easement for the pur�ose of installing and maintaining the proposed � storra sewer and subsequently; 2) the storm sewer should be constructed nrior to the placement of fill. " � ` �ailliam H. T�cCombs, P.E, , Searles moved, F�elsh seconded, to instruct staff to clraft a resolution for Council approval at ` i:h� iJovember 10, 1975 Council meeting granting a variance to the 26 foot marshland setback ordinance, � ��.bject to the following conditionse l, All fill to be placed above 930 contour elevation, • ?o Easement for utility and drainage furnished by T•7r. Kennedy, • 3, Storrn sewer shall be constructed by the City i prior to placement of fill. � 4o TYle project will be monitored by the City �ngineere * 5e All work shall be completed within 10 days � of initial start of project. � i��otion, Ayes (4) - Nays (0) , � Paurus moved, tiVelsh seconded, to approve the lot �EARRANGEP�ZdT & DIVISIOII � rearrangement and divisian of T�Ire Charles Cox, 3580 Ivy Place � 35�s0 Ivy Place, Casco Point Division, subject too • l, Lots meeting all zoning requirementse � �'e Submitting park dedication fees as amended, � �Totion, Ayes (4) - iJays (0) . � Henry Iluhicho Buildinc� & Zoning Administrator, REZONIT�TG � subnlitted the following report to the City Council Cheyenne Land Company �hich stated thate 100 Orono Orchard Rdo • "L have reviewed the records and reports of the � Cheyenne Land Company's proposal and after numerous site inspections have reached the � folloc5�ing conclusions o � {Continued) � , ` OROI10 COUNCIL I64EETING HELD OCTOBER 27� 1975 Page 4 � l. After e��tensive review by the staf£ ot records �':EZOPIITIC nd reports hy the Pollution Control Agency and Cheyenne Land Com�an-a � other State agencies, it was recommended by staff (Continued) and Council to rezone this area to two acre � residentialo The conclusion is consistent with the Comprehensive Plan adopted in the fall of 1974 � and rezoned on January 1, 1975. This decision was reached for the following reasonso • a) One acre sites are not adequate to support an r on-site sewage disposal system because of soil � conditions and direction of the Pollution Control Agency and other agencies, Similar s=-��-�'��^:�s r nave resulted in the pollution of ground water supplies creating dangers for the health, safety, � and welfare of the publico � a) No municipal sewer availableo ` c) The transportation servicing area is inadequate for dense developmento This area has only Orono • Orchard Road with winding curves and two blind underpasses, one of which is restricted to single � lane traffic, Tncreased density would incr_ease traffic and result in a definite traf�ic ha�ardo d) The area has always been utilized on a tu�o � acre basis - open space and rural in natur_e. �) Numerous existing marshes and wetlands and � �he topography of the land sup�ort soil condition � inadequa.r,ies. of one acre sites, � f) The City has made no plans of extending m,unicipal sewer or adding roads to the ar_ea, � c;` Orono Orchard Road has been designated as • �. parkway, h) Other propert� owners in the area have relied � upon the zoning classification in two acre sub- division proposals and all necessary procedures � for construction on two acre unsewered siteso � 2, I recommend denial of the proposal to rezone a this property to one acre residential for the following reasonse � a) Development would be in violation of our � �^]etlands Ordinance No, 1250 • b? Alunicipal sanitary sewer is not available. c) One acre sites are not appro�riate to support w adequate on-site sewage disposal systems. � d) Insufficient access to highwayse S �) Traffic hazard along existing roadwayo f) Storm water runoff problems resultinn from � .-'�nser development, r � (Continued) � � ORONO COUNCIL MEETING HELD OCTOBER 27, 1975 Page 5 r g) Clear case of spot rezoning and a diminution REZONING yof value to surrounding properties which have Cheyenne Land Company complied with our current zoning requirements. (Continued) � h) This property could be developed into 14 or • 15 residential sites which could be used for the permitted and conditional uses for the district. • i) On several occasions, the State Highway Department has indicated that the new Highway r �r12 will be extended through this property. The . plat submitted indicates no recognition of this matter. � j) Future highway construction through this � property would disrupt all residents of these properties at that time. r k) Considerable oppositivn from area property � owners at the Public �:earing. 1) The refusal to erect a sign about rezoning • as requested by the Planning Commission. � m) The Comprehensive Plan and Zoning Code states that this area should be zoned two acre residential, � n) Transportation system is not adequate. � o) Although it has been suggested by the Client°s � attorney that annexation to Long Lake may be considered, all the problems would still exist. � p) The previous misstatements by the applicant � that the Village Engineer reviewed the plat and found it in compliance with City Ordinances. It � is obvious one acre sites have been designated in a two acre district. • i�emo - October 3, 1975 - Henry P�luhich � This is a sum:nerization of the Cheyenne Land � Company file and Skip P�tcCombs recent report regarding the wetlands as they exist in relation � to the areas shown on the wetlands mapse Wetlands i areas should be determined for buildable area. � The proposal here is for rezoning from two acre to one acre residential zone which conflicts with � the Village°s determination to zone this area two acr�, This decision was reached after extensive � research and review by the Council, Planning Commission and staff. Through past experience, � we have found one acre sites to be inadequate to � support an on-site sewage disposal systemo i�e must adopt standards and regulations to protect � the health of the public, �he :'eveloper feels quite certain that the instal- lation of the Orono-Long Lake Sewer Interceptor � will be started in 1975o In talking with Mr. Bloom and Mr, Forester of the Metro talaste Commission, I � learned there could be further delay through � step reviews }�efore granting of bids. (Continued) � � 0�20N0 COUNCIL P�ZEETIPIG HELD OCTOBER 27, 1975 Page 6 • Current findings show the project would have to REZONITIG � come from I976 funds, Although these projections Cheyenne Land Company � have been Made, I understand that we still have (Continued) no absolute assurance, as many projects have been � deleted through legislative action, r�Iore uncertainty of the availability of public sewer r can be found through revi�W of the records. T4r, iseslund°s letter of January 21, 1974, notes that • it was his understanding the project was to be S completed in the spring of 1975, yet on October l, 1975, I found no evidence of the project startingo � Considering the sewer factor alone in this land use question, rezoning the area would not be consistent � with our Comprehensive Plan, � Safety is also a concern, The only access to the property is dangerous because of the existing � n�rrow underpasses. Increased density ��*ould • only increase these dangers, Photos on file caill ��ar this outo The 90° approach to ti�daterto�an P.oad for access to Highway #12 is blinded by the sudden curve and concrete overpass, The wood w overpass to the south is so narrow that signs have b�en postec� warning against two cars passin�, � rl�i1@ increased density would also lead tocrard . defeating the plans of establishing Orono Orchard Road as a slowly traveled, scenic par;:way, � Fezoning only this area would be a clear case of � spot zoning. Several. of the nearby owners have alr.eady submitted plans and percolation tests • for costly on-site disposal systems to comply *.��i-�:h the two acre zoningo Dense and costly c��velopment would add financial burdens to the ` publico if acquisition of some of this property i:, necessary for the continuation of Highcaay ;;12 0 � ±'h� design and location of the completed por�ions of Highway #12 and projected corridors of the � conuinuation of the highway appear to be directed �toward this property. Various maps of pro�osed � corridors received from the State High�-�ay Depart- • ment are on file. Various alternatives ar� shown directly through this property. .Any unnecessary � financial burden to the general public shoulcl be i:aken into consideration before a determination � is madee � P'anning Commission Action - October �, 1975 * �-1'�torney, Jirn Diracles, was presento �Vith��at a ruorum, however, the Planning Commission was unable • 10 inake a recommendation to Council. P•iro Diracles was informed the Cheyenne proposal woizld be � �ncluded on the Council agenda of October la, 1975. ' c�do commitment was made that action �aould be taken �y Council at that meeting. T�iro Diracles requested � a copy of the summarization report be sent to him, + (Continued) C)�f�i?O COUNCIL T�IEETING HELD OCTOBER ?_7; 19 75 pa�� iIr, Tiuhich also informed the City Council that the REZ0�IING s taff ��rill draft a x�esolution for Pl�nn�ng Cheyenne Land Corapany o�r.�-�iss�on review ancl subsequent Couiici�_ a��rovalo (Continued) � � iTro I�enry Te3uhicho Building & Zoning 1�c�ministrator, EISINGER LANDFILL � sl�brn�_i.�i:.ed �he following report to the City Council th.at �tated thate � ��, �he fo].lowing are my conclusions form�d after review r of the Eisinger LandfilZ applicationo � l� Present zoning is appropriate for reasonable • u�e of the property, 2, The property is presently zoned RR-1B (2 acre) � Perrnitted uses e � ao One Family Dwellings '�� Pu;�1.�c owned parks and playgrounds S ��'� i��unicipal buildings Canditional useso a, S ,.00ls � b, Churches c, Clubs a c1 o Camps , � � Golf courses and similar propertic=~ o Pu�lsc Service structures � ,� C�reenhouses �lo �:ecreation areas including riding stabl�s � ,. f:un Cluhs j � ?..�:�h�ry _r.ang�s � �rt C:�,:�stlzous�s �--� ��''-�.z'-ned P.�;;idential Developm�n� :_. , ?.'�-�..{�,' �S =�� =�-c��-I�� of domestic and cornnlercial aniraals � o a S�o::'. F'arn�� . ir�;��iL�1s � i�^ a-=��- of t-.�.ze propert_y consists of an�ro�.�.mately 3I acres. It originally contained a_bout Lot?r ac�es or dry buildable land. �'he lanc��:i1_i � onerut��,� _;.n th� ma�csh area throuc�h the_ =�ears, has a'�a��3 a?�ro�;ima-tely 12 acres of builc�a�� land �or. � '�:vh3-c'-. he rnight receive credit on a P,R,�, Proposal o tiT�-,:h 16 zcres, he would be able to subr�:t a pro�osal • '-�:= �_ P,rt,Do �tiThe.�e he �ti�ould obtain a�proval f_or 8 units on the current 16 acres ot drti� 1anc�, There � are n�� p;;�bl�_c seiaer plans for the �or:� -�ble � -^'3'-:''�.' '=t'-`- ''�'.;. uboVe units coulcl he c1,,;-;�- r� _�._ _d ::�i:h ontls-_�� ,;eptic syst�rr�s, 1��Plicar.',: would not gain an_y addition�?_ building �te� wi-ch this proposal for adding �aesra �nd �.ddi.tion,-.l iill to the presently fillec'. �rea because '=:�ze c��y ar�a �aould not be increased, � (Continued) � ::�'�:ti: CGLTPdCIL PZEETING �ELD OCTOBER 27r 1975 Page 8 �%,, H' is �resently using the property for PI:i-L'T�E�2 LAT�I�FILL �. _ ' lc>:��i.al purpQses and raising �nd gra�ing (Continuec�) _�:.^?.I.c�:�ese ! '�� C.U?'1��'�hensive Land Use Plan for Orono has � _..-::.:,blished thi.: area as a two acre rural -=_,�__3�:ztzal. aone wliich does not provide landfill � c�:_:�_�a-�ians as a permitted use or a cond�tianal °�:,:�^ �.n �:ny .�esidential zone. A l�nd�i�_1. � �-��:L.�.i..,o1i wouyd i30T be compatible wi-�h oth�r u�:�� :-i ::h� �rea o j� Otlzer properties in the area have put their • tJt-,��_..�.•��'ZGJ to various permitted and cor.c�..itional ��:�� .1 that <.ane �nd the area is ri�� for � �..��,=�loprn:nt of two acre residential l�omes o �.c, de�r��op�ent is proceedinc� west ale.�� Hic;h�aay � ;;�'<: ��wa�d thi.s broperty �•�hich is surrc�.�nded by � r,a�Y,�nlands and �•a��l�nds which ia�u?d Provicl� ,:::4:�_��: r:�charr.� �?-ea�, fi�trati.on are�_; for S �.::; .:��_� e��r�nti�..�.ly to be deposited in ��;:� T�iinneonka �'.•�.:? �7.��:^r 3�od.ies nf C��atero P��ar�hl�nc��; �lso . ��_��.dc a r2tention of excz�s storn� c•�ai�er s'��o�� iich would help eliminate :�'_oo�s in the ��.;.-c_., i��ar�;h�_�nc�s are a bene-�it to t'r.� p�:bli^, � ;„ �ituation in relation �o t�.af�ic i.i the areao ,+ �� '--h ti;� ;z�^.a is p�esently se�viced c��_�._�� y �cao .. �:� o1C�. �IJ.c�'�'i1Wc^c�' ;`i2, • 1= � r::�:^ rl�ghway is Glreac�y heavily t.r.avel:~ �.� c n `i''_c� ::;'��: trucic t�af�ic c•»uld o.:�l� �_dc� ��:o • :�: c.�:�-_g�.r�o `��':�u ::�:�c�_ance to t�ie prop�r-�y is �_�cz�te� � :��~-�:::�n '11�'l� anci blznd en-trances � c:��itu�ing ,� �-�'i��'�_c° hG.��rds especially for :�cho�l �uces and c i::z:;:: veh��c1E:� tr«r_sper-�ing chzsdren �.� �nd from � ..��:-. �by: .-�ch�o�s. � �o �w�uat�c�z in relation to the nat � or the '%CCi:"'�EC..' L'.:?�o � z� �i�`-. pr�po�'��d u�e is ccmnlercial--�n:'.us��-rial i�� .f_ur� �.nd no� compatib�� a�.th otL�� uses :_'s1 -t:�A? c. :;a o � :� o �r '=ne pro��rty c-�ere located in an industrial s_�n�: ��fe<�.c� o� :� resid�ntial area, �-c m�_gl�t be � r:�.>:e co:�r• :_::ible, � `' 'i'=�� 1�,..�ri l.l prc� � :l com�s intc c�nf1:ct �•�-��n O.�r_linance �;125o It is in the �u�:3.ic interest � t^ p�;;t��ct against unccordinatec� or u_�,.Ianr_�3 -'-��.11�+ �'.-=�el^p�;ent ��hich affects marsl-�e.�;, s��arlps, � -•��t.��anc s; d.rairzag� wc_�-s a la'�es a�d �aLer ccurses '.=i�.-�.n Ur,�no, Suc.� a development, if atlo�aed � _ cp.��inu�, ti�i11 result in loss a_nc� c;�,.ma;e to � �� c and Priva te improvemen'cr.�.l l.�I.OL JLI inundation .. _ '.:"��.�od caaters �nd sub;equent e�cpen�i��e construction � .:-= s,_,,�.�i s�v��rs a.zc� oth�r pi:blic rrcjcct� in permanent Ca.,�i='^'.'.C':1C„'• pf �r.r3,'S2 ri�tU"'F.� re�Ol'.'_"l;�So 1.035 O� �aater + --`v�-�:��_�o�: �aci_lities, open space ar�i ��l�ll�fe habitants �::-�va i=:�;�a-�.-��_`n� of public ancl pr�vate �r�aLer management pr�gram. � OROPJO COUNCIL ITEETING HELD OCTOBER 27, 1975 Page 9 � Continued landfill in the area would inc�ea�e EISINGF.R LANDFILL ydanger to health because of impair.ment o� s�irf$ce (Continued) and ground caater supplies in the area and inCrease burdens of property owners in the area �nd downstream. 10. Situation in relation to the natural vegetation in the area, a. T�Iarshes help maintain constant rate of waterflow. � b, It provides filtration mechanism for pollutants distributed from applicant's previously operated landfill, ce iiarsh prevents fast runoff and provic�e� fo� • ground water infiltration and purific��ion. do I'm sure' anc� �he applicant's Engineer has e admitted that the old landfill ope�atfbn �.s � presently polluting the wate� sys�eM in the marshes; therefore, we mus� main��in the rem�inder, of this � marsh to eliminate the pollutants �aused by the apnlicanto lla Ordinance No.l790 relating marsh setback, was taken into consideration, a, According to our Ordinance (31.800) , construction of a berm is not permitted within 26 fte of a � marsho A variance must be granted. bo Variances can be granted only if the �roposal � is determined to be in the public interest. � 12. Variances cannot be granted if. , , , ao It would cause increased height or duration � of flood water. (By eliminating water retention i in the marshlands, the applicant's proposal �aould create problem) � �, Application would place artificial obstruction restricting path of floodwater in a manner to � increase height of flooding. (Applicant's proposal would restrict passage) . � co If there is an incompatible land use detrimental • to protection of ground and storm water su�plies, (The existing fill is currently polluting these and any additional fill would only increase the level of pollution. ) Applicant should be denied � this land use which would endanger health, property and c•�elfare of otherso This would cause dancrer • to life of property of others in Orono. . d. It violates #�6 and 7 of Sub. B of 310830 in that it would be inconsistent with objectives � of encouraging land uses compatible with preservation of natural land form, vegetation, marshes and � c,�etlands in Orono, eo To develop land and water areas essential to withholaing rapid runoff and surface water which �resently contributes to downstream flooding or water pollution. Also restriction on lanc� and • wate.r following heavy precipitation. (Continued) � ORONO COUIdCIL %ZEETING IIELD OCTOBER 27, 1975 Page 10 Conclusion �. From review of engineering data, surveys, FIS�I"d�E�2 LA��Dk'ZLL ite plan and other information suhmittec�, I CContinued) ! cannot as a matter of sound municipal �lanning, recommend approval of this proposal. Th�.s o�neration t �aoul��i result in creation of a nuisance on the property. 2o I also wish to note that the Fish and �•lildlife Service recommended that this proposal he denied. � 3, The Pollution Control Agency, in its review, stated only that the application was reviewed to � det�rmine whether additional pollution iaou].d result from this landfill and speCYf�.cally stated that � their review did not incl.ude l�.nc� use, , 4o The creation of a be�m antl crown to great extent Gaould be an encroachment into marshlands � and would be deleterious to health, safety and welfare of citizens in Oronoo I do helieve, however, � that a one or two foot shell of clean earth ana fill around the present lanc�fill would help eliminate , present leaching, I would recomr.iend a variance be granted from Sec, 31. 800 to this extent only. S 5o The anplicant �roposes to use material from his property for fill, This would be in violation of 3108000 �xcavating and filling from sources so close to marshland causes problems frorn sediment de�osited into the marsh, This sediment destroys � 1�urification and infiltration ability of the marsh, o iiaterial submitted by applicant shows. . , , � ao No screening, hours of operation, extent of . o�eration. (The number of trucks and trips per day and years of operationo � ;�> Final grade plans shoca 5 to 1 slope - steep - causing probable erosion, c, The applicant notes that there nresently is leaching which v�ill continue so I see no benefit ' allowing additonal leaching in marsh areao , d, Hill of garbage and filla e. Although previously asked, the applica:�t never told us �ahat the ultimate land use woulc� �ee 7, Hennepin County Department of Public t�lorkso after their revie�a of the application, stated in a letter of August 1, 197�, that they were not � prepared to recommend a license be issuec� at that time because of environmental concerns, � 8e Important endironmental considerations. e , o • ae The location heing 600 ft, from Lake Classeno ho The application states material might settle � �rom 5 to 10 fto into ground �aatero Obviously such settling would contaminate caater even further � and create health hazards for the City of Orono, � Summary ° Denial will not preclude developing his property fcr permitted or appropriate uses in the districto 2. Landfill operation would create a public harmo (Continued) � ORONO COUNCIL r�EETTNG HELD OCTOB�R 27, 1975 Page 11 3, P�•iarshland already polluted from former EISINGER LANDFILL yoperation would have increased pollution from (Continued) further landfill. ! 4. The operation is not a permitted use in the � district and would result in deminuation of value of surrounding properties, 5ummarization of the �isinger landfill file and � en�ineer°s report regarding this pronosala Previous sanitary landfill operations at this location has presented us with a problem which will not be resolved through additional fillo The quantity of pollutant in the existing material � �vill not be reduced with the addition of an impervious berm and covero It would only delay � the leaching, � �s per the "Finding of Fact" by the I�Tinnesota Pollution Control Agency on April 22, 1975, the site was voluntarily closed by the owner ' in 1970, Although leaching through the past five years has already had an effect on the conditions of the lake, I feel the quantity of pollution is continually decreasing, The approval of a demolition landfill operation �aould only increase our problemso Past landfill operations have already resultec� in a benefit to the owner with the additional twelve acres of dry buildable land. The ocaner � might consider a PRD proposal to develop the buildable area to tlie c�reatest degreeo A PRD � development might be the ideal end land use of_ the property. �lnother point that should be brought out is the � fact that a landfill operation currently in bperation r_ear Harael is only six or seven miles north and : ��est of the Eisinger locationo � � Ingress and egress from the Eisinger property onto Highway �`12 will also pose a problem. The t excessive highway speed, the blinc�ing dips in the highway and the heavy traffic would result � in a definite traffic hazard with the trucks a�proaching or leaving the site. � Planning Cor.unission Action - October 7, 1975 T.1r. & rTrso Eisinger were present, [^lithout a . quorum, hocaevero the Planning Commission was unable to make a recommendation to the Council. zro T-Iuhich also informed the City Council that � resolution will be prepared for Planning Comrnission revie�� and subsequent Council approval, � s OROI10 COUNCIL T�IEETING HELD OCTOBER 27- 1975 Page 12 S T�Tro Henry i�quhich, Building & Zoning Administrator, VARIATTCE tated thate 3587 North Shore Drive �"i=Ir. Noll is requesting approval of a variance from our 75 fte hardcover lakeshore setback �► requirement for a concrete patio and sidewalk �ahich he has already installed. Iie has installed approximately 740 sqo fta of concrete hardcover within the 75 fto setback limits. On iTay 29, 1975o a representative from the D. F, Vizecky Construction Company made application for this same project, He was denied the permit for the hardcover and informed that crushed rock or open wood type walk and deck woulcl he permittedo He was alsQ informed of the option and proceclures for a request of a variance, I�lr, Scheller re�orted the project partially completed. A violation tag was issued. ' T�Ir, Noll pleaded guilty in District Court on A�zgust 19,1975, conditional upon word from the Orono Village Council, i�ir, Noll was then informed th�t the illegal hardcover would have to be rer:ioved. He requested an opportunity to make this application for a �ariance before removing the concrete walk and patioo Planning Commission Action - October 21, 1975 The Planning Commission recommended to the Council denial of the variance application of Richard iJoll due to the 75 .fto hardcover setback reQuire- r�e_�t, because they felt added hardcov�r c•�as not ' the only solution to the drainage problem and because he had been made aware of the hardcover restrictions and variance procedures, been denied an application hut proceeded c�ith the work. a iiayor Searles stated that the variance anplication �aas after the fact and that there are other t alternatives to solving drainage problems within 75 fta of the lake and that applying hardcover � was not a viable solution. [-lelsh moved, Butler seconded, to deny variance -�o the 75 ft. hardcover setback, tlotiono Ayes (4) - Nays (0) , - iTr o �3arry Johnson asked the City Council ��rhy �aater runoff to Lake i7innetonY.a was such a vital issue. 'iayor Searles replied that storri �aate.r runoff is the greatest source of pollution to Lake i-linnetonka and that t`�e degree o� nutrients determines how polluting storm vaater really is, i�layor Searles continued to point out that the Harza Study, Lake I�iinnetonka Conservation District (Continued) ORONO COUiQCIL I��IEETING HELD OCTOBER 2 7 p 19 75 Page 13 ' Studies, P�Iinnesota Pollution Control Agency VARIANCE � reports and the Orono Storm V�later P7anagement 3587 North Shore Drive Plan do substantiate the characteristics of (Continued) storm water and what is required to control them. Searles moved, Butler seconded, to instruct the legal department that since public issue is involveda 1. Instruct T�1r. Richard Noll to remove illegal hardcover. 2, Request full compliance with restoration of propertyo I�iotion, Ayes (4) - Nays (0) o i�Ir. Iienry rTuhich, Building & Zoning Administrator, VARIAPICE stated that Plro Eisinger is requesting a variance 40 Smith Avenue of 26' to construct a new detached two-car garage four feet �rom the side lot line. The code calls for a 30 ° setback, The existing structure includes a one-car garage attached to the dwelling with a breezeway. � Lots 3�, 39, & 40 were combined some years agoo The entire combined parcel consists of less than � three acres which includes a large percentage of t��etlands. The �rea is zoned RR-1B � 2 acree There appears to be adequate area to the north of the residence for the proposed garage resulting ! in less congestion with existing adjacent structureso This location might require a front yarci setback to eliminate the problem of building e on the lower grade toward the rear of the property, The setback would be consistent ��ith the sethacks of existing structureso however. Planning Commission Action - October 21, 1975 Tlie Planning Commission tabled the I:ermit Eisinger application so that an alternate plan coulc� be Z�resented. t Butler moved, Vlelsh seconc�edo that the rec�uest of VARIANCE Edwin Sandina 1184 tSlildhurst Trail, for a street 1184 [�lildhurst Trail setback variance be approved subject to the removal of the old garage prior to construction, i�lotion, Ayes (4) - idays (0) o � i��r, Henry T�Iuhichp Building & Zoning Adrainistrator, VARIAIdCE stated that it has been determined by the Council 8G5 Parten�,�ood Road that the previously approved Parten�•�ood Plat did not constitute a blanket variance on setback requirements on the various parcels in this subdivision< � (Continued) I � ORONO COUNCIL t,IEETTNG HELD OCTOBER 27, 1975 Page 14 � The variance procedures would have to be VARZANCE � folloc•�ed for approval to locate a structure 865 Partenwood less than 75 ' from the shoreline at 865 Partenwood. (Continued) • �i�he Planning Commission requested this proposal p be returned for review for recommendation to ` Councilo � ilr. Allen�urg° s proposal includes three separate variances from the structure setback requirement � of 75' 0 (Variance of 17' from Stubbs Bay, 27 ° from the channel and 3° from P�Iaxwell Bay) o � The distance between bays make it impossible �o build on this lot without any variances, � � If the proposed location were moved 27° to the west and 3' to the north, a variance of � approxirnately 30° would be required from 5tu.�bs Bay onlyo No variance would be necessary from � the channel or T�Iaxwell Bay, The topography included with the house plans submitted indicate � elevations in this general direction to be fairly � consistent. This possibility should be consideredo � The owner should be informed that the hardcover aetbacic requirements pertain to side��alks, patios �and driveways also. • T'�anning Commission Action - October ?.1, 1975 � The lot is too small to maintain all the necessary �etbacks, there is no possible way of expanding + t�ie lot width, the location is such that runoff � would be away from the channel and a�Proval of a hardcover variance within 75' of the shoreline * for the houseo garage and a reasonable driveway subject to a layout for the driveway presented • to the Zoning Administrator for his recom.r.lendationso � Butler moved, �aelsh secondedo to approve the ,� request of i�Tr. John Allenburg, 865 Partenwoodo for three lakeshore setback variances from three � shorelines as stated above and approved by the Planning Commission. Motion, Ayes (4) - rlays (0) , � � T�l7^, Henry P�4uhich, Building & Zoning Adriinistrator, INFORP�iATIOI� . r.�ported to the City Council that on October 22, Variance 1974, a lakeshore setback variance w�s granted 650 North Arm Drive � iZr. Wenkstern to construct a dwelling at G50 North Arm Drive, T�Zro Ulenkstern has not as yet built + his home and the statute of limitati��:� shall �ave expired on October 22, 1975. He lias therefore re�uested a renewal of the variance approval. '� On review of the renweal proposal, I find the variance would also have to include hardcover � �etback (34,303) and lakeshore grading (Ord. rto. i 125 and 1G7) , The site plan submitted shows � � ORONO COUNCIL r4EETING HELD OCTOBER 27; 1975 Page 15 • extensive grading and hardcover between the house VARIANCE and lakeshore. All of this work would be done 650 DTorth Arm Drive ��aithin the 75 ' setback area. (Continued) � Another factor worth considering would be moving � the location of the structure 5' closer to the road. T�iis would require a 5' variance from � the 35' street setback requirement and only 10 ' variance from th� lakeshore. Nine of the 10° • extending into the required 75' lakeshore � setback would consist of the attached open deck. i The applicant should also be reminded of the restrictions bn grading and changing of existing S lakesho�e conditions. • Planning Commission Action - October 21, 1975 � The Planning Commission tabled the Russell � t�enkstern application for a time �ahen the ocvner u�ould be present. • � I3utler moved, �aelsh seconded, to approve the VARIANCE variance lot area and width for T�ir. John Frye, 2585 Lydiard Avenue � 2585 Lycliard Avenue, as requested because the parcel is part of a previously approved plat �and no other adjacent land was available on ` either side of the lot. Motion, Ayes {4) - idays (0) , w i r-ir, Brad Van Nest, Planning Commission member, REPLATTII�IG PROPOSAL a.nd TZr, Henry Piuhich, Building & Zoning Herrick Circle � E�dministrator, discussed the Herrick Circle * subdivision stating that Lou Oberhauser submitted a subdivision proposal of_ the previously � approved P.R,D, proposal of the Herrick pr�perty. He requested conceptual approval before continuing � �a�_th platting procedures, � lhe original P.R.D, proposal was approved on a one acre zoning basisa The new plat includes '� six substandard lots with three .outlots. + These six lots do not meet the one acre lot size as approved by Council, • i��7ro Van Nest also informed the City Council r that originally the proposal was to form an a�sociation consisting of the six homes to � s�apport utility cost rather than the now � nroposed public utilities, The question was �aiso raised as to what is the status of the utlot J. The Planning Commission was requested ?�o folloia up with recommendations. � � i � � ORONO COUNCIL Y�IEETING HELD OCTOBER 27, 1975 Page 16 � r�1r, Henry P•Zuhich, Building & Zoninc� Administrator, PARK DEDICATION FEES ydiscussed consideration of revising the current l0a park dedication fee stating that our • present platting procedures require a park � dedication fee of 1/10 the area or l00 of the raca land value of the affected property. � Applicants of several recent subdivisions have � questioned this palicy. They feel the extent of the subdivision should be taken into consideration, • On reviewing the matter, I feel we should consider � some changes. At present, a developer is assessed � the identical fee regardless of the extent of his proposalo 6Ve might consider our open space r policy and assess developers on a basis of the extent of each subdivision proposal. Our �ark � dedication fee could be based at a ratio of the extend of the subdivisiono A fraction of the � fee equal to the fraction of the extent of the � proposed subdivision. S tae might also consider extending the same policy on subdivision proposals requesting denser � development than the zoning at the time of applicationv �Tayor Searles stated that in an open space area � there is not the demand for parks as there is in i dense type developed areas and that there should be a middle ground when establishing park *, dedication fees. It was recommended that this be reviewed at a joint meeting with the City r Council and Commissions, � I�Ir, Henry i�Tuhich, Building & Zoning Aclministrator, AZULTIPLE DWELLINGS • reported to the City Council that the Planning Commission has not had sufficient time to revieca « the multiple dwelling zoning ordinancea. i Searles moved, t�lelsh seconded, to designate JOIAIT AZEETING December 10, 1975, 7e30 P,T�2. as a joint meeting ! of the City Council and Planning Commission to • review the multi-dwelling zoning ordinance and park dEdication fees. T�iotionp Ayes (4) - Nays (0) . • � Paurus moved, Welsh seconded, to adopt the proposed PROCEDURE CHANGES procedure changes for the Planning Commission Planning Commission � as pro�osed by the Building & Zoning Administrator and approvea by the Planning Commission establishing � t�ao action meetings each month, PZotion, Ayes (4) - �ays (0) e � � r a . � ORONO COUNCIL P�EETING HELD OCTOBER 27, 1975 Pa e 17 • g Searles moved, Welsh _seconded, to adopt an WAIVING FEES � administrative polic�r of not waiving fees that are reguired to cover administrative costs in � reviewing permits received of all organizations � or re�sidants in the City of Orono. P�iotion, �yes (4) - Nays (0) . � + P�tayor Searles announced that Hennepin County has LAKE ACCESSES received funds from the McKnight Foundation to • be used for limited purposes on public lake + accesses. The Lake I�innetonka_Conservation District has been requested to develop suitable + standards as well as recommended sites around Lake Minnetonkao The parking area now being �► used on the .west side of Hennepin County #15 and Orono Orchard Road has been recommended with � the proper screeni�g and fencing as an environ- + mental buffer. City staff will prepare a resolution for CounciZ action at the November 10, � 1975 Council meeti�g, • Butler moved, Welsh seconded, to deny the request DENY REFUND • o': T•Zr. Edgar Cox, 2130 Shadywood Road, for a Edgar Cox $225,45 refund to extend a sewer line based on �i�Ir, Cox's option in 1970 to rearrange his lots ` to produce two building sites. Motion, Ayes (4) - Nays (0) . � � Searles moved, Welsh seconded, to adjust the SALARY ADJUSTMENT yearly salary of Lorraine McGowan, Liquor 5tore Lorraine McGowan � I�lanager, from $11,500 to $12,200 per year, � effective August 25, 1975o Motion, Ayes (4) - Nays (0) , • � Dick Benson, City Administrator, �eported to the REVENUE & EXPENDITURE City Council that the General Fund �r.ojected REPORT - SEPTEI�IBER • revenue is $22,221.00 short as per the fore- casted revenues generated at this nine-month '� periodo although forecasted revenues from the � six-month forecast show a 13� increase to date. Forecasted monies are 3� Iess than the monies � r_eeded to offset budget requirements. � R�ceipts reflect 69°s of the forecasted revenues due to the fact that we have not received all • monies from Hennepin County, Disbursements • reflect 73� of the total General Fund budget. i aurus movedo Searles seconded, to accept the September Revenue & Expenditure report as � pre�ented, Motion, Ayes (4) - Nays (0) , • � � � � ORONO COLTNCIL MEETING HELD OCTOBER 27, 1975 Page 18 � Butler moved, Paurus seconded, that the Contractor's CONTR.�CTOR'S ESTIMP.TE �Estimate #11, Northdale Constructi�n, in the #11 - Northdale amoun� of $104,380.05, be paid. Motion, Ayes (4) - • Nays (0) . • � � Butl,er moved, Welsh seconded, that $20,000 be TRANSFER transfered from the Liquor Fund to the Gez:vral � Fund. b7otion, Ayes (4) - Nays (0) . � Searles moved, Welsh seconded, to appoint AppozNTMEr1T • Councilman Nr. Norman Paurus as Orono' s � repre5entative to the West Hennepin County Twin City Transit Service Improvement Prog�-am, ,� Motion, Ayes (4) - Nays (0) . � Butler moved, Welsh seconded, to submat th.e ASSESSMENT FOT_trdULA • proposed future assessment formula as p?�es:nted by P�r, David Fischer, 141 Hackberry H��.l, to � our City and Counsulting Engineers fo_ their � review and recommendatione Motion, A��es (4) - Nays (0) o • � Paurus moved, Butler seconded, to ap�Y��Te the POLICE CADET appointment of P�iarge Plum, 298 N, Lak�•vic,w Ave. , Marge Pl�.un • Long Lakeo to the temporary position o� Police i Cadet for a nine-week period beginning November 3, 1975, subject too � I. Fifteen hours of activity per week by cadet a to be divided into clerical, squad ric�.ing, and such tasks as may be assigned by the ciepartmento i nine weeks of above activity with -� � pay to the * cadet o �`� �� 2. The cadet would not be employed by �:he City � during the nine week period or guaran��e^a employment after this period. � 3. Insurance coverage is not afforded by the � college, our carrier would assume co��erage under comprehensive policy upon receipt of inemo from � us requesting coverage. � 4. Evaluation and grading by the Ch�e�. 5. G�ould not create a position for future � employment. � Motion, Ayes (4) - Nays (0) . � Butler moved Paurus seconded to a �int Mr. � , pp' COUNTY APPOINTMENT � Glenn Hawkyard as the City of Orono' s representa- Glenn Hawkyard tive to assist the County in developing a nEw • updated plat and parcel system, PZotion, • Ayes (4) - Nays (0) . • . � � 1 � ORONO COUNCIL T�2EETING HELD OCTOBER 27, 1975 Page 19 � Dick Benson, City Administrator, reported to the HACKBERRY COP�PLAINT �City Council th;at upon investigating thP Dunwreath Peasley complai.nt registered by Mr, Dunwreath Peasley, • 95 Hackberry Hill, concerning 73-1 res�oration in that are�, that the Hackberry St:-�. ,.'� was '� restored to its original width and that the � surface o'� Maple Lane ��.�_::: be corrected. � P�urus mo�ed, Searles seconded, that Orono provide SELECTIVE SERVICE , a physical facility (Council Chambc:�=:::) for a one REGISTRATION day ann�:ai re�istration for non-studen�:s, providing � the Se1_ective Service System does recruit volunteers to staff the siteo Motion, Ayes (4) - Nays (0) . • � Butler m�ved, Paurus seconded, that the City Council �ECEP�SBER MEETING DATE approve one Ccur.cil meeting in Decembea^, December 8, r 1975, and no:: convene on December 22, y;75, the second regular meeting date. Motion, �yes (4) - Nays (0) . • � Searles mc��:�dr Butler seconded, that �s�e following LICENSES licenses ;ae ap��ovede Motion, Ayes (4) - Nays (0) e � Berghor�t P?ur:bing & Heating - P1umAer � Leu�hne� Well C�r-�� -�.y - Well Driller Thoen Pltz.=n��n,g � ��lumber �Karl Krall - '�^•:��e Moving • ButleT- move�ag Paurus seconded, that the All BILLS � Fund Accou*�t� l�'00 thr_ough 1441, 14�2 through 1474, 19133 t-hrough 19137, and Liquo� Store � Accounts 1��_',0 through 1Llg69, be pai�l� r�otion, . Ayes (4) -- t�Gys (U) , • Butler moc�::c?, 5earles seconded, thlt -�he ADJOURNMENT � meeting be udjou=ned at 9 015 P.1�1. Motion, Ayes (4) - Nays (0) . � � � i �l "� , , , ,� ��, � �£,�,Z.��:<�- .�r� �� :obe�t L. Searle �s�, Mayor �� • � _ ...__-- ,/ ; � Attes�a '(... � ��TaI-cer R. i3 on, lerk-Adm n?strator � � • M �