HomeMy WebLinkAbout12-08-1975 Council Minutes � •
•• � CITY OF ORONO
C Regular r�eeting of the Orono Council, 7:35 P.r2.
December 8, 1975
�he Orono Council met on the above date
' with the following members presents P�Tayor
Searles, Councilmembers Butler, Tiassengale,
�► and Pauruso Councilman 6��elsh absent, Also
presents City Administrator Benson, Attarney
� T��alkerson, Engineer Rick Sather, and Brad
�, Van Nest replacing Henry Rsuhich, Building &
Zoning Administratoro
�
♦ �utler moved, i+lassengale seconded, that the MINUTES
i�iinutes of the Regular I�ieeting of November 24 0
� 1975, be approved, with the following correctionse
� Page 3, "a diminuation of land value and would
adversely affect those people who have ��ollowed
the two acre zoning" , Page 8, second Paragraph,
"provides for no commercial landfill in the
residential district_ is certainly relevant and
the record supports the fact that there are
!1 other permitted and conditional uses that are
reasonable for the use of that property, and
� that a commercial use in that area would not
�, be acceptable because of the adverse ef�ect
on the health, safety and welfare of the
� citizens of Orono" , TRotion, Ayes (4) - Nays (0) ,
�
+ Councilman �aelsh arrived at 7:�4 P o I•I.
� P�tr. Robert Isaccson, staff planner representing URBAN HENNEPIN COUi:�
The Housing & Development Program stated that COP3T�IUTdITY DEVELOP�IEN'�'
the time is rapidly approaching when Hennepin
County must be prepared to submit the Urban
,� County application for grant money under the
Housing and Community Development Act of 1974.
�
For the 1975 program year, 2i cities in Hennepin
� County received over $700,000 in Community
� Development Grants to meet local objectivesa
This was accomplished through cooperation
y agreements between each participating city and
the Countya Together the participants constitute
� an "Urban County" and therefore are entitled
to a Community Development Grant from the U.S,
� Department of Housing and Urban Developmento
For the 1976 program year, the entitlement
� ��ill likely be in excess of $1,500,000.
� Cooperating in the Urban County CDBG program
� does not commit your City to undertake �rogram
�tivities, You may wish to join the program
" , _t this time and elect to execute a project
in subsequent yearso Such an action �aould tend
� to increase the Urban County entitlement and benefit
other participants in the 1976 program year while
reserving an entitlement for your City the next year.
(Continued)
#• ' ORONO COUNCIL P�IEETING HELD DECEI�BER � , 1975 pa9� '
�
There are monies available through the Housing HOU�T^IG & COru�'tJNITY
� and Community Development Act of 1974 for DEVELOPMENT ACT
� all municipalities in Hennepin County who (Contir.�ied)
enter into a Joint Cooperation Agreement with
� the Council. This program was established in
1974 by Hennepin Countyo The municip^lities
� who entered into this joint powers agreement
at that time have received monies this year.
• The formula used for allocations is based
primarily on population rather than needo
One of the problems brought to light at the
� last meeting is that a certain percentage of
the monies received must be spent on low cost
V housing> The larger municipalities are the
onlv ones which can assume such an undertaking
�� and�with the high costs of construction and
land, they are not able to proceed, Therefore,
� the larger municipalities have recommended
�-� a new formula to s�t up a contingency fund
from which they might draw additional funds
to complete their low cost housing l�ojects.
� Paurus moved, Butler seconded, to adopt RESOLUTION #652
Resolution #652 , A Resolution Authorizing Housing & Community
� The City Of Orono To Participate G��ith The Development Act
- County In The Housing And Community Development
E�ct Of 1974. r7otion, Ayes (4) - Nays (0) .
�
� Butler moved, P�lassengale seconded, that the VARIANCE
request of Fred V. Rogers, 1410 Bohn° s Point 1410 Bohn' s Point R�-
Road, for a lot area width and setback variance,
be referred to the Planning Commissiono T�otion,
S Ayes (5) - Nays (0) e
� Butler moved, r2assengale seconded, that the VARIANCE
request of Thomas Nelson, 3245 Carman Road, 3245 Carman Road
� for a side yard variance, be referred to the
Planning Commissione I�Zotion, Ayes (5) - Nays (0) e
i
S Butler moved, Plassengale seconded, that the VARIANCE
� request of Vincent Johnson, 1376 Park Drive, 1376 Park Drive
for a lot size and width variance, be referred
� to the Planning Commission. P�tation, Ayes (5) -
P1ays (0) .
•
'i Butler moved, P�assengale seconded, that the VARIANCE
request of Stewart Perry, 2975 Casco Point 2975 Casco Point Roac'
� Road, for a side lot line variance, be referred
� to the Planning Commission. IZotion, Ayes (5) -
� Nays (0) ,
� Butler moved, rRassengale seconded, that the VARIANCE
request of Doug Heinsch, 4035 Watertown Road, 4035 taatertown Road
r for a side yard setback variance, be referred
to the Planning Commission. Motion, Ayes (5) -
� Nays (0) .
�, '
� ORONO COUNCIL 1�2EET2NG HELD DECEI�IBER 8, 1975 Page 3
� P�?r. Brad Van Nest, Planning Commission SUBDIVISION
�meriber, replacing P.4r. Henry Muhich, Building 3080 North Shore Drive
& Zoning Administrator stated that Mr. Dykstra
• is requesting approval of a subdivision of his
property consisting of 2. 22 acres into two
(l�' �arcels each of which would exceed the minimum
� :'.ot size of one acre. Both parcels would
�-.xceed the minimum lot width requirement of
� 140 ft. Following completion of the 73-1
��wer project, this property was assessed for
r '��ro units,
1 ^oth properties would require private easements--
one for access to the road and the other for
� •--.^cess to the lake.
� �lanning Commission P��eeting - December 3, 1975
� tv the area having long, deep lots, the
r.,�
�, ':::mmission ex�ressed concern as to public
.
���inion of the possibility of another row of
• � �uses in the neighborhood. The Commission
� ��_rected that a Public Hearing be held on
�anuary 19, 1976 at 7:30 P.Ai, in the Orono
� �?llage Hall.
•
r'he request of Robert Frost, 4625 Chippewa VARIANCE
• Tane, for a variance on side and rear setback 4625 Chippewa Lane
���quirementso
'�'hz property lies in a RR-lA (5 acre) zoning
� c,istricte The setback requirements are 100 ft.
� _'=-=om the rear lot line and 50 ft. from the
�ide 1ot lines. This lot, howevero is slightly
� �_�ss than one acre.
• rih� proposed location of the new garage is
?5 ft. from the side lot line and 35 ft. from
� '�he rear lot linea A variance of 27 ft. from
� the side and 65 ft. from the rear setback
requirements would be necessary,
� The existing dwelling ,is located 124 fte from
,* t:he east lot line. The garage could be located
in this area but some grading would be necessary,
r F.n attached garage might be considered.
� 'Che Planning Commission recommended to the
�, C�uncil that due to the lot being in existence
nrior to the new zoning and that the petition
� �:-ould have met conditions of a one acre zone,
.:ipproval of the variance request be granted,
� uu-c conditioned that final approval by the
3uilding Inspector be withheld until the
� ���isting shed be torn down.
• (Continued)
1
• '
� ORONO COUNCIL MEETING HELD DECEP4BER 8, 1975 Page 4
� TUiassengale moved, 69elsh seconded, to approve VARIANCE
�the variance for Robert Frost, 4625 Chippewa 4625 Chippewa Lane
Lane, subject to the conditions set by the (Continued)
� Planning Commission. bZotion, Ayes (5) -
Nays (0) .
��
�' Butler moved, Massengale seconded, to �eny VARIANCE
the request of Roger Swanstrom, 1580 Bohn's 1580 Bohn' s Point Road
Point Road, because there are suitable boat
� storage areas at the site that do not need
filling and that t2r. Swanstrom be advised
� that the boat could not be stored within the
front setback line of the house, and also that
• a variance to wetlands Ordinance No. 125 can
only be granted when public interest is
�' benefited, Motion, Ayes (5) - Nays (0) .
,�
Butler moved, Welsh seconded, to approve the VARSANCE
'" variance request for Odd Rovick, 1055 t^Iest 1055 West Ferndale Road
� Ferndale Road, due to the hardship caused
by the small size of the Iot, because no
�►� adjoining Zand was available and because the
property was in single separate ownership
provided the following conditions are mete
« 1. Percolation tests meet approval of the
� Village Engineero
2. The building permit cites specific
' Village restrictions on building, grading
� and tree removal and must be ?5 ft. from
the lakeshore.
� 3. In addition to the variances requested,
a 23o variance on hardcover be allowed,
� 4. The deck construction, as shown on the plan,
within 75 ft. of the lakeshore be allowed
t� provided it is of open type, raised
construction with rock beneath and that
� no concrete be used.
1
rlotion, Ayes (5) - Nays (0) .
i
� Inforniation item. At the Public Hearing SUBDIVISION
on the Ulmer Construction Company subdivision, 70-130-190 Willow Drive
� several of the public felt that the wetlands
area was greater than reported - one even
• believing that a creek ran through the property.
The Planning Commission continued the Public
� Hearing until November 18th to allow for
� Commission members and the pbulic to view the
�site. The Village Engineer was directed to
submit a report of the wetland status at the
site.
•
. (Continued)
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�
� ORONO COUNCIL TTEETING HELD DECEAiBER 8, 1975 Page 5
! Planning Commission - November 18, 1975 SUBDIVISION
� 70�130-190 Willow Drive
rhe Public Hearing, continued from the previous
� meeting, was held. The Village Engineer
confirmed the wetlands area at a total of one
� acreo However, the Engineer's findings showed
� ttiat the survey presented by the petitioner
included the road right-of-way in computing
the total buildable area. This reduced the
buildable area of the proposed 1.73 acre lot
� to 1.47 acres, the 1.85 acre lot to 1.57
acres and the 2.75 acre tract to 2.32 with
� the one acre wetland area includedo Previous
� concern as to a creek running through the
tract was unfounded.
i The Planning Commission would not recommend to
� the Council approval of the Ulmer Construction
Company sub�division as it was presently
� proposed but would table the petition until
` the applicant could present an alternate
plan showing only two iots as the entire
� parcel consists of only 4, 36 dry buildable
area in a two acre zoned district.
Planning Commission - December 3, 1975
•
'he Commission tabled the application until
• tneir next meeting due to no one appearing
in behalf of the applicanto The Zoning
Administrator was directed to notify Ulmer
� Construction Company that even if there should
be no one in attendance at the next meeting,
� the matter would be acted upone
•
The hard shell and mylar have been submitted FINAL PLAT APPROVAL
� for final plat approval for Stephen Helland, 130 Smith Avenue
� James ��agener and Dave Davenport, 130 Smith Orono Orchards Highlands
Avenue. The final plat is very similar to
�`� the original preliminary plan. The Park
Dedication Fee has not been paid as yet.
�
�}lanning Commission - December 3, 1975
�
The Planning Commission recommended to the
� Council that the final plat of Orono Orchards
Highlands be approved subject to the Engineer's
recommendations and Park Dedication Fee being
M paid in accordance with forthcoming Fee
Amendments.
•
�ome members of the Commission expressed
concern about the old tract lines being shown
on the hard shell.
�'
� (Continued)
�
�
'f' ORONO COUNCIL PZEETING HELD DECEAZBER 8, 1975 Page 6
` P�Iassengale moved, Paurus seconded, to reject FINAL PLAT
the final plat until corrections are made. Orono Orchards Highlands
��Iotion, Ayes (5) - Nays (0) o (Continued)
!
Discussion was held.
•
• Welsh moved, Butler seconded, to reconsider
previous motiono r�sotion, Ayes (5) - Nays (0) .
� Butler moved, Welsh seconded, to adoPt RESOLUTION #649
�, Resolution #649 , _A Resolution Approving The Orono Orchards Highlands
Orono Orchards Highlands Subdivision, conditioned
f on:
* lo Allowing a variance to lot size for Lots
� #�3 and �4.
2, Submitting 10� Park Dedication Fees.
� ,.��otion, Ayes (5) - Nays (0) ,
� The City Council instructed the Leqal Department 3600 Casco Avenue
i:o draft a letter to Mre Haefele, 3600 Casco
� ?�venue, inquiring as to the use and intended
use of the existing property and buildings.
� Searles moved, PZassengale seconded, to adopt RESOLOTION #650
� Resolution #650 for Herrick Circle subject to Herrick Circle
review by the City Attorney to be submitted
• ror final Council approval at the January 12 ,
� 1976 meetinga ilotion, Ayes (5) - Nays (0) .
� Information Item CONDITIONAL USE PERMIT
� 2259 Shadywood Road
Niro James McClea�y is requesting approval of
� a conditional use permit to repair and renovate
the Dahlgren Cleaners building at 2259 Shadywood
�' Road for use as a community hobby and craft
� training center which is permitted as a conditional
use in the LR-1C residential zoneo However,
� he is also requesting approval of over-the-
counter sales of the materials used and finished
� products, Our Zoning Ordinance does not permit
over-the-counter sales in a residential zoned area.
•
� The City Council instructed the City Engineer STORivil WATER RUNOFF STUD`�
` to initiate a storm water runoff study to Kelly Avenue
determine its effects on Kelly Avenue and the
+ wetland contiguous to it, and what action should
�be taken to resolve further flooding of the
area in future years �r�hen maximum development
has occurred.
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•
�
f OP,ONO COUNCIL i-IEETING HELD DECEr4BER � - 1975 Page 7
i F�Ir. Kogan, from Long Lake, appeared before the POLICE CONTRACTS
` City Council to discuss the formula used to
determine police contract costs for their City,
� ' '�'he City Council instructed staff to review
formula data available and evaluating assessed
v�luation versus population projections when
d�termining contractual costs.
•
�' '"he City Council accepted the resignations of RESIGNATIONS
� Charles Kallestad, of the Planning Com*nission Charles Kallestad
and Gretchen Hallowell of the Park Com,�nission, Gretchen Hallowell
� `vith regret and wishes to thank them for their
d�dication and help on their respective
conr.iissions.
i
. Massengale moved, Welsh seconded, to initiate a ICE ARENA FEASIBILI�
�'�asibility study for an ice arena with Arthur STUDY
� Jo Nickolas, Ice Rink Consultant, to�al cost
not to exceed $3,000 with Orono's share not
� �:o exceed $2,000 and instructed staff to
consult the Orono and IvIound 5chool Districts,
+ �nd the Orono and Tlound Hockey Boosters for
r.ommitment of funds to support the balance
� of the projected costa Tiotion, Ayes (3) -
�?ays (2) , I•Zayor Searles and Councilmember
� r:utler Nay.
�
� �earles moved, Butler seconded, to approve the LUCE LINE TRAIL RUL'
specific rules and regulations as proposed by REGULATIONS
_ the Department of Natural Resources for the
L»ce Line Trail with two amendmentsa
•
� 1. These regulations be consistent with the
City of Orono° s ordinances.
� ?_ . i10 snowmobil.es nor other motorized vehicles
may be operated within the trail between
� Vicksburg Lane in the City of Plymouth and
Stubbs Bay Road located in the City of Orono,
• I•Iinnesota.
A i�otion, Ayes (5) - Nays (0) .
�'
� S�arles moved, ButlEr seconded, to adopt RESOLUTION #654
Resolution ;#654, A Resolution Denying The Cheyenne Land Companl-
�' i�ezoning Application Of Cheyenne Land Company
^c.�r 100 Orono Orchards Road, as revie�,�ed and
'�' r�commended by the legal clepartr,ient. Llotion,
+ Ayes (5) - Nays (0) >
� (Continued)
•
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�
� '
� ORONO COUNCIL MEETING HELD DECEf2BER 8r 1975 Page 8
i RESOLUTION #�654
�BE IT HEREBY RESOLVED by the City Council of RESOLUTION #654
� the City of Orono that the application of Cheyenne Land Compar.y
Cheyenne Land Company to rezone the property
� at 100 Orono Orchards Road, presently zoned
two acre RR-1B, into twenty-nine one acre
• tracts be denied for the following reasonse
� 6i1HEREAS, the City of Orono enacted Ordinance
� No, 149 on July 9 , 1973, which established a
moratorium on the granting of building permits,
� rezoning applications, conditional or special
use permits, variances, platting and sub-
divisions or other authority for additional
development in the City of Orono, riinnesota.
i
i t��HEREAS, thi� moratorium was necessary in order
to insure the achievement of the goals of
� providing the City with satisfactory tools to
c�uide developMent and to control development
� during the interim period so the benefits of
proper planning would not be lost, to preserve
• the status quo pending the adoption of the
measures necessary to protect the health, safety
� and welfare of the citizens of Orono, and
� [;�HEREAS, the Council has determined through
;� research and review of various reports and
studies that areas not serviced by municipal
�� sanitary sewer, lacking adequate transportation
facilities, containing inadequate and hazardous
_ traffic patterns and insufficient access to
. highways, creating storm water runoff problems
fron denser development concluded that rezoning
� �o a less dense development of these areas
i•�ould provide the best standards to safeguard
r '_ife, health, property and welfare of the public,
and
�
6��HER�AS, to fulfill the requirements of the
� Comprehensive Plan, the Zoning Ordinance and
� the Wetlands Ordinance, and
� ��iEREAS, the Cheyenne Land Company on several
occasions has made various applications for
� :.ubdivisions not in compliance with the land
use and zoning requirements determined for
• the area, and
� UTHEREAS, through studies and experience and the
� direction of the Pollution Control Agency and
�other agencies, a determination has been made
that one acre sites are not adequate to support
an on-site sewage disposal system, and
•
,� (Continued)
�
� �
' ORONO COUNCIL MEETING HELD DECEb2BER 8, 1975 Page 9
�
WHERF;AS, the existing winding curves and two RESOLUTION #654
A blind dangerous underpasses contribute to the Cheyenne Land CompanY
hazards of the increased traffic along Orono (Continued)
�rchards Road, and
� WHEREAS, similar situations have resulted in
� pollution of ground water supplies creating
dangers for the health, safe�y and welfare of
• the public, and
� WHEREAS, the existing marshes and wetlands and
� the topgraphy of the land support soil
condition inadequacies, and
•
t�?HEREAS, the city has no plans of extending
� municipal sewer or adding roads to the area, and
� ti;iHEREAS, other property owners in the area
� have respected and re2ied upon the zoning
classification of two acre lot sizes in the
� development of their properties, and
� t��HEREAS, the Cheyenne Land Company has
requested approval of the proposed rezoning
� of the twenty-nine acres of dry buildable
� land contained in the property as described
on the proposed plat map into twenty-nine
� one acre residential building sites now that
the property has been rezoned to a RR-1B -
� two acre residential district,
• NO�a, THEREFORE, B� IT RESOLVED by the City Council
of Orono, Minnesota thats
� la That the application for the proposed rezoning
from RR-1B to R-lA into twenty-nine one acre
� lots be denied, and
2o That the proposal would be in violation of
the Wetlands Ordinance No. 125.
3, That municipal sanitary sewer is not available.
• 4. That traffic hazards would increase with
� increased development.
5e That the proposed one acre sites are not
� adequate to support private on-site sewage
disposal systems.
� 6. That storm c��ater runoft problems would result
from denser developmente
� 7. That approval of one acre sites would be
a clear case of spot rezoning and result
r in a diminution of value to surrounding
� propertieso
II, That possible future highway construction
� would disrupt all residents of the property
at that time.
L . �. That the proposed subdivision would be
contrary to the Comprehensive Land Use Plan
• previously adopted by the city and the intents
and purposes of the Zoning Code.
�
� (Continued)
, -' OROiVO COUNCIL P'lEETING HELD DECEMBER 8, 19'�5 Page 10
�
The foregoing resolution was adopted by the RESOLUTION #654
r City Council of the City of Orono on Cheyenne Land Company
November 24, 1975, by a vote of 5 ayes and (Continued)
�0 nays.
•
� Eutler moved, Searles seconded, that RESOLUTION #655
Resolution #�655, A Resolution Denying The Eisinger Landfill
� Application Of Howard Eisinger For A Variance
And Zoning Amendment To Allow A Landfill
'� Operation On Property Located At 3255 Wayzata
� �oulevard, as reviewed and recommended by
the Legal Department. P�otion, Ayes (5) - Nays (0) .
� RESOLUTION #655
s
�aHEREAS, the City of Orono enacted Ordinance
• I�?o> 149 on July 9, 1973, which established a
« r�oratorium on the granting of conditional or
special use permits, variances, building
� pernits, rezoning applications or other
�uthority for additional development and land
� use in the City of Orono, and
� t�I��EREAS, the moratorium was extended by
ordinance on several occasions and was not
M -�:erminated until December 31, 1974, and
� t,�IH�REAS, the moratorium was necessary in order
� to insure the achievement of the goals of
providing the city with satisfactory tools
� to guide and control development and land use
during the interim period so the benefits of
� pyoper planning would not be lost, to preserve
. ��he status quo pending the adoption of the
M�asures necessary to protect health, safety
� ��d welfare of the citizens of Orono, and
ti�.�3EREAS, the Council through research and
review of various reports, studies and
• experience determined the overall preservaton
of water quality of Lake Minnetonka and
� existing ground water supplies for future
. generations shall be a paramount guiding
principle of Orono's Comprehensive Plan, and
A WHEREAS, the quality of storm water runoff
� is adversely effected through dense development
and potentially deterimental land uses, and
•
t^JIiEFtEA5, the Comprehensive Plan specifically
� addresses itself to the problem of the former
� Zandfill on Highway Noo 12, west of the
�industrial zone, which through the determination
o� the end use of the property should minimize
the potential leaching of stored nutrients into
� a �jacent marshes and drainageways to Lake
T�Iinnetonka, and
•
�, (Continued)
� �
� ORONO COUPICIL P�IEETING HELD DECEl2BER 8, 1975 Page 11
» WHEREI�S, any land use contributing to traffic RESOLUTION #655
yT �zards should be limited, and Eisinger Lanclfill
(Continued)
� WHFREAS, the preservation of marshlands provide
filtration mechanism for pollutants and prevents
� fast storm water runoff, and
� WHEREAS, our zoning ordinance does not provide
� �oY a landfill operation as a permitted or
conditional use in residential zoned districts,
� �r.d
� T-�?HFREAS, .'�tlands Ordinance No. 125 adopted
� �ecember 28, 1970, prohibits filling of low
lying lands and drainage areas,
� ATC"., THEREFORE, BE TT RESOLVED by the City
� �our.cil of the City of Orono, t2innesota e
f ?_. That the application for a demolition
� landfill be denied since the proposed
land� use is neither a permitted n�r
� conditional use in the RR-1B residentially
zoned areae
` 2, ^lzat the r revc:nt zoning is appropriate for
reasonable use of the property including
• tl�e following permitted uses:
� a. One Family Dwellings
. b, Public owned parks and playgrounds
c. P-Zunicipal Buildings
•
�` Gyrditional usese
ao Schools
• bo Churches
i co Clubs
d. Camps
�; �o Golf course and similar properties
�, Public service structures
� ge Greenhouses
ho Recreation areas including riding stables
� i. Gun Clubs
je Archery Ranges
� k, Guesthouses
• lo Planned Residential Development
m, Apiaries
� n, Keeping of domestic and commercial animals
o, Stock Farms
� p, Hospitals
• '� That the Comprehensive Plan has designated
� ;.'Z�.s area as an RR-1B residential dsstr.ict
r_ot providing for landfill operations,
! ^_, T:iat present zoning is compatible to the
development proceeding west along Iiighway
� No, 12,
w
(Continued)
� '
• OROT10 COTJIdCIL tiEETING Ii�LD DECETZB�R 8, 1975 Page 12
M 5e That expanding development results in RESOLUTION #655
� additional hardcover increasing the Eisinger Landfill
necessity of the natural filtrative and (Continued)
� retention of storm water runoff provided
by the existing marshlands and ��etlands.
i 6, That increasec� traffic resulting from the
operation would add to the existing
� hazardous traffic conditions on the high
� speed, heavy traveled Iiighcaay DTo. 12 .
7, That the access to the pronerty is locatecl
� dangerously near the base of a dip in the
high��ay,
� B, That the more hazardous traffic conditions
would contribute to the danger of the children
• in the nearby school,
S 90 That the property is presently being used
for residential purposes and the raising
and grazing of horseso
� 10< That the proposed use is commercial-
� indust'rial in nature and not compatible
���ith other uses in the areao
i 11, That the proposed landfill conflicts with
Ordinance T�do, 12 5,
r 12, That the proposed landfill would place
� artificial obstruction restricting the
path of floodwatero
� 13o That the Fish and Wildlife Service recommends
this proposal be denied,
� �4, That the Pollution Control Agency, after
their finding of facts, concluded their
� approval should in no manner be construed
� as liniiting the City of Orono in its approval,
denial, or modification of this pro�osed landfill.
� 15o That the Pollution Control Agency, in their
findings of facts of Ty�iay 23, 1975, stated
� the owner had voluntarily closed the landfill
operation in 1970 as he felt he could not
"� economically operate under Plinnesota Pollution
Control Ac�ency regulationso
• 16. That a letter frort the City Building Inspector
of the City of Orono to the ilinnehaha Creek
! []atershed District dated April 11, 1972, states
� that the o�ane� closed his operation saying it
was impossible to comply v�ith the conditions in
� the time allotted,
17, That the Hennepin County De�artment of Public
� t)or'ks� after reviewing the application, stated
+ they are not prepared to recomrnend a license
because of environmental concern.
+ iII, That the location of the proposed landfill is
only about six hundred feet from Lake Classen,
�19e That operation of a lanrlfill at this location
� would result in a diminution of value of surrounding
�ropertiese
20o That the proposed landfill would be contrary
r to the Com�rehensive Land Use Plan previously
� ado�ted by the city anc? the intents and
purposes of the Zoning Code.
� (Continued)
� .
� ORONO COUNCIL i�LEETING HELD DECEP�.BER 8, 1975 Page 13
r The foregoing resolution was adopted by the RESOLUTION ;#655
City Council of the City of Orono on December £3{ Eisinger Landfill
y1.975, by a vote of 5 ayes and 0 nays ancl represeh�s (Continued)
� the Council' s findings of fact relating to this
appliCation.
•
• Butler moved, b,Telsh seconded, that Resolution RESOLUTION #651
;�651, A Resolution Est�blishing Salaries For 1976 Salaries
� Village Employees Eor 197G, amendecl to read
+ Alberta S-trom $800 �er month, be adopted.
TTotion, Ayes (5) - Nays (0) .
•
� Councilmember [Jelsh left the meeting at 10z00 P.T�1.
• Searles rioved, IIutler seconded, that the PART-TIP•7E En2PLOYrZENT
� following be employed part-time at the Orono Lic�uor Store
Liquor Store at the rate of $2.50 per hour,
� effective November 16, 19750
M Larry FClingelhoets - Long Lake
Dian �hrenbert - Tiound
` Duane Hagenson - Excelsior
� i=iotion, Ayes (4) - Nays (0) o
�
3utler moved, Searles seconded, that Richard PART-TIP�zE E�7PLOYP�IENT
� Perry, Jr. be employed part-time as a light Street Department
. equipnent operator at a learning rate of $3.00
per hour and $5051 per hour v�hen operating
w ectuipment, effective Novernber 20, 1975,
A�iotion, Ayes (�) - P1ays (0) ,
�
• Dick Benson, City Administrator, stated that PUBLIC WORKS RELOCATION
� the Public Works Department is �resently
located c,�ithin a heavily populated residential
� area in Crystal Bay, which is zoned two acres
residential, This area is not adequate to
� accommodate storage of street supplies and
equipment. tlinter sande tahich is stored in
� the area during the months of November through
iiarch, does not enhance the environment
• protection of Lake r7innetonka. At the nresent
time, the street department has two heated
� Auildings for storing equipment, one 36 ' i� 40 °
� and one 30 ° X 40 ° e These tcao huildings house four
pieces of maintenance equipment and supplies.
� �7e also have one cold storage building, 5� ° YX 128° .
The Public Works Department is also using the
• French Lake site for storing excess r:iaterials
�nd cold storage equipmento The area which
consists of 40 acres, of which 28 acres are
M wet, 6 acres wooded, leaving 6 acres usable,
is not considered adequate for the public
•
(Continu�d)
�
�
� ORONO COUNCIL TIEETING I3ELD DECEP�II3ER 8, 1975 Page 14
r works operation because of the natural drainage PUBLIC ���)ORKS RELOCATIOI�
ywhich contributes abundant storm water runoff
to Lake ilinnetonka, is also located in the (Continued)
� center of residential properties. To consolidate
the total public ��orks operation at the French
� Lake area would involve destroyinc� 6 acres of
• trees and regrading the entire area,
. U�e have checked the property on the southwest
corner of Highway ��12 and Old Crystal Bay
� Road, whiciz totals 15.28 acres. This area
can accommodate the street department, sewer
� and water department, and �ark d�partrient
�•�ith moderate growth for a11 departments.
�
� Attached is a sketch of how the buildings
could be located on this property with open
� areas used for materials such as. g'ravel,
rock, culverts, etc. According to,•the Orono
� Assessing Departmento the book value of this
property is $1,240 per ac�e, The value per
� acre at the Orono se���er plant is $l,1II6.50
` per acre,
� The drainage can be controllec� �o the north,
south or east. Access � the area is ideal;
� Highway #�12 and Old Crys�al IIay �cs�d are both
legal axle limit roads, '�here are no trees on
w the �roperty so clearing of the land �aould only
involve scrapping otf th� black dirt which could
* ue used elsewhere in the Cityo
� Because of tvao hom�s adjoining the property,
� 1,000 feet of buff�r zone would have to be
considerede
•
I recommend that the Orono City Council
� instruct staff to proceed with acquiring
� professional appraisals of the French Lake
and Robb properties after which negotiations
� would proceed to acquire the Robb property.
� Paurus r.loved, Butler seconded, to instruct
staff ico proceed with appraisals as recor:imendedo
� i Totion o Ayes (�) - Idays (0) ,
•
. Butler movedo Tiassengale seconded, to approve CASH I'�EGISTER PURCHAS�
the purchase of a F-Jay 562 Electronic cash Liquor Store
� register for the Liquor Store at a cost of
$1,345000o t�otion, Ayes (4) - Tlays (0) .
•
�
�
�
�
� OROT10 COUNCIL P7EETING HELD DECET�BER 8, 1975 Page 15
* Dick Benson, City Adr,linistrator, stated that LVILL06�I DRIVE RESURFACING
� r.tlillow Drive, an Ri,S.A, funcled street, was
resurfaced this fall by Buffalo Bituminous,
�nc. The quality of work is unacceptable
t this time and monies are being withheld
� until the contractor is willing to discuss
� what steps will be taken by them to correct
documented faulty work,
•
� Dick Benson, City Administrator, stated that ORDNO-r42IJNETONICA BEACH
• we met with representatives from the TZetro- SEWER LINE
politan �aaste Control Commission to discuss the
acquisition of Orono's sewer line from French
� Lake to i��innetonka Beach. The �ietropolitan
� Waste Control Commission has also requested us
to maintain this line after the transfer of
� ownership.
� FIe are in the process of researching old files
and reco�ds to 1963 gathering documentation
� of all contracts and related costs to the
� construction. Staff will continue to negotiate
with the T�etropolitan Waste Control Cor�mission
� and submit a progress preport at a later date,
•
' Butler moved, Searles seconded, to instruct 1976 STREET P4ATERIALS &
�taff to advertise for bids for 1976 Street EnUIPr�NT BIDS
�.terials and Equipmento Sealed bids will be
` received by the City Council of Orono, rZinnesata,
` at the City Ha11 until 10>00 A. i7. on r�onday,
January 5, 1976 for furnishing materials
� and equipment for 1976. The bids v�ill be
publicly opened and read at the above mentioned
� time and place for the consideration of the
City Council at their next meeting January 12,
� 1976 at 7: 30 P.1�I. ��otion, Ayes (4) - rlays (0) .
� All bids shall be submitted on forms prepared
� by the City and shall be directed to the City
Clerk-Administrator, P�Tr. W. R. Benson, Orono
• City Office, Crystal Bay, P�Zinnesota, 55323.
The City reserves the right to reject any and
r all bids, waive any technicalities and make
� the a���ard in the best interests of the Cityo
� Copies of the specifications and proposal forms
will be furnished without charge by the City
�Clerk-Administrator at the City Office,
� Dick Benson, City Administrator, statec? that VARIANCE
� at the November 24, 1975 Council meetingo P�r. 3175 North Shore Drive
�r=ell Stewart, 3175 l�Torth Shore Drive,
quested a variance from a lot size for a
parcel owned by i•�Tr. Fred Rogers.
«This property is included as one of the
�a�pellants in the 73-1 assessrtlents and
shoulcl not be considered at this time.
�
� �ORON'O COUNCIL tZEETING HELD DECEMBER a, 1975 Page 16
•
Butler moved, I�2assengale seconded, to approve �INANCE BOOIiS
+ holding the finance books open until the
January 12, 1976, Council meeting so that
11 the 1975 business transactions will be
� eflected in the 1975 Financial Statement.
P��Iotion, Ayes (4) - Nays (0) .
�
S Butler moved, PZassengale seconded, to approve OFFICE CLOSED
the closing of the City Offices Friday, December 26, 1975
� December 26, 1975, Motion, Ayes (4) - rlays (0) .
�
• Butler moved, Searles seconded, to appoint TEMPORARY DEPUTY CLERK
Joan Lattin Temporary Deputy Clerk for tc,�o
� i�veeks, effective December 15, 1975. tlotion,
Ayes (4) - Nays (0) .
�
� I�Iayor Searles announced a special joint ��,eeting JOINT P2EETING
will be held Deceriber 10, 1975, with Council, December 10, 1975
� Planning Commission and Park Commission to
a discuss the multi-dwelling zoning ordinance,
park dedication fees, and topographies for
��lattinge
�
Rick Sather, City Engineer, presented b�ATERTO�VN ROAD
�� reliminary plans to rebuild the T�Iaterto�an i�e S.A. FUNDS
oad from EJilloca Drive to the Old Crystal
Bay Road uti].izing PZ.S.A. funds. Two recom-
� mendations were discussed using �t�•x�designs
Rural & Urban. The City Council instructed
� staff to resubmit a plan using a rural design
and protecting all trees on the right-of-way.
•
� Rick Sather, City Engineer, presented a STUBBS BAY SEt�TERS
. preliminary engineering report concerning
sanitary sewers in the Stubbs Bay area,
� After some discussion, the City Council
instructed staff to review the entire
project and resubmit further rec�.�:�-.��.z���'�'-�_�ns
. in January 1976,
� ::Ir, Rick Sather, City Engineer, stated that NORTH SHORE DRIVE RAVIN�
� as requested, we are submitting a tabulation COSTS
of the final project costs and the preliminary
cost sharing b�ea}:down for reimbursement
and assessment purposes. The final costs
� have been determined to be as followso
� Iio-Son Piping Co. , Inc. $ 8,2gf3.95
�hn t1e Schoening Excavating 3,795.00
;�soil procurement, spreading & 1,000.00
sodding (completion 1976)
• Adrlinistrati��,: & Engineering 3,402. 75
� Total Project Cost $16,486. 70
� (Continued)
�
� ORONO COUT�ICIL T�IEETING HELD DEC�I�IBER 8, 1975 Page 17
� 1�s per I-iennepin County's letter of rZarch 10, NORTI� SFiORE DRIVE RAVI��?"
19'75, in which they agreec� to share in the cost COSTS
E the nroject; their share of the co�t is (Cnntinued)
• determined to be $3,726.51. Their share
includes 1000 of the cost of constructing the
� catch basins and the catch basin lead ($1,562.50)
� and 14,5% or the remaining costs ($14,924.20 X
14,5� + �2,164.01) 0
� The City of Orono's share of the cost of the
� ��rojeet; basecl on City ocanership of 9 0 7 0 of
tiie drainage area, is $1,599.21,
�
• The rermainder of the project cost ($11,160e93)
should be assessed to the benefitted private
+ t�roperties at the rate of approximately
�0.026t33 per square foot or $26a. 30 per 10,000
� square feet. "_'he preliminary assessment rate
is based on an estimated 416,000 square feet
� of assessable private propertyo
� i�Te will prepare an assessment roll for a
• public hearing at a later date in 1976,
, searles moved, ilassengale seconded, to adopt RESOLUTIOtT ;�656
� Resolution #�656 for Tom Betz, 3775 �ayside 3775 F3ayside Road
oad, subject to review by the City Attorney
` co be submitted for final Council ap�?roval at
the January 12, 1976 meetingo rlotion, Ayes (5) -
r ilays (0) .
�
• Tir, Doug Hall, Pollution Control Agency represent- INTEFCEPTOR
ative, presented hinself to the City Council to Orono-Long Lake
� discuss the Orono-Long Lake interceptore
� �iayor Searles stated that the lack of time
caused by inadequate time to reviec•� the
� environrnental im�act assessment, couplec� with
final ��lans and specifications not being submittecl
has necessitated several meetings to develop
� inforraation that should have been available to
Orono at an earlier date. I�Tayor Searles
� continuea by stating that public interest is
involved, thata
•
l. :le need GO days to review all material.
2 , The Orono-Long Lake interce�tor construction
• as planned is incompatible with Orono° s Storm-
���ater Plan and Comprehensive Guide Plan, �,�hich
� concerns itself with the environmental �rotection
� of swamps and lakes,
3o Ordinance I�1oo 125 (iletlands Ordinance) has
� to be observedo
� (Continued)
�
� ,OFZJI:�O COUNCIL IT�ETIPIG HELD DECET?BER 8, 19 75 Page 1�
� 4, Dewatering methods such as well pointing is INTERCEPTO�
� of rnajor concern, Orono-Long Lake
5. Final plans and specifications have to be (Continued)
� revie�aed e
� G. Construction costs also have to relate to
� detrimental environmental costs,
7o Po�ulation projections have been drastically
• lo�aered by the rletropolitan Council since the
+ Orono-Long Lake interceptor �-�as originally
designect.
1 f3o Other alternatives should be considered
. that have a less environmental effect.
� lZr. Hall commented that the City of Orono should
submit a request for an extension of time to the
� T-ietropolitan i�aste Control Commission and that the
Orono-Long Lake interceptor should be cor�lpatible
� with the environment. r�?ro Hall said that
priorities are establishecl for out of State
� projects as well as local projects and that
� there are no assurances that this project �aould
be allowed next yearo I7r. Hall continued by
� stating that other alternatives are available
and the the r�Ietropolitan [�laste Control Corlmission
� is responsible for submitting all pertinent data
to the Pollution Control Agency for tlieir reviewo
�
�r, liall commented that the Pollution Control
Agency is also concerned with the environmental
� effect on an area and that all concPrns shoulc�
be addressed to the I�Zetropolitan ti�Iaste Control
� Conunission ancl Pollution Control Ageney immec�iately,
r
Searles raoved, t°]elsli seconded, to ado�t R£SOLUTION ;��53
• Resolution �653, A Resolution F.equesting Sixty Orono-Long Lake
• Day Extension From The Pollution Control Agency Interceptor - PCA
(PCA) To Allow The City Of Orono An Opportunity
� For A i�etailed Analysis Of The Proposed Orono-
Long Lake Interceptor. T Iotion, Ayes (5) - Nays (0) .
� Searles moved, Paurus seconded, that the following
license be approvedo Ilotion, Ayes (4) - PJays (0) ,
� Bol�'s Plur�lbing & Iieating, Inc, - Plumber & Se�r�er
� Iiookup
�iassengale moved, Butler seconded, tl�.at the All Fund BILLS
Accounts 19176 through 19187, 173� through 1792 and
� Liquor Store Accounts 11007 through 11039, be paide
� �iotion, Ayes (4) - Nays (0) .
�utler raoved, �Iassengale seconded, that the T�eeting ADJOURNIiENT
be adjourned at 11010 P,r�o Ilotion, Ayes 4) - Nays (0)
• l j _;
3 /% �;�f�.` `�.
� Robert L. Searles, i.�ayor
Atteste � y1
tJalter R. Ben on, Clerk-Adrai istrator