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Home My WebLink About01-26-1976 Council Minutes � � +• CITY OF ORONO � �e5ular Iieeting of the Orono Council, 7030 P.Ti, January 26, 1976 � �rhe Orono Coun i c 1 met on the above c�ate caith the following members Presento �=layor � Searles, Councilraen�ers IIutler and Paurus, • �sento Councilrlernbers PZassengale ana Zlelsh. Also presente City Administrator Benson, ,� Zoning & �uilding Administrator Tiuhich, and City Engineer Sathre, � '� i3utler r:ioveao Paurus seconded, that the �3IRTUTES iiinutes of the Regular ��Ieeting of January 12 , Januar_y 12 , 1976 "'� 1976 , be approvedo ilotion, Ayes (3) - Tlays (0) o � , �utler moved, Paurus seconded, that the �-IIidUTES iiinutes of the Rec7ular i7eeting of_ Decenber £i, necernber 8, 1975 , ZJljO Ue a.,�>l�rovec�, ilotion, Ayes (3) - iTavs (0) , s ' �3utler moved, Paurus secondec�, that the i2IiQU"'ES ��inutes of the SPecial Pleetinc� of December 30, December 30, 1975 � 1975, be ap��roved, Tiotion, Ayes (3) - iJays (0) , �.sr, �:olancl �erglund, Park Commission member, NOnTH SHORE COIuiU�1ITY reportecl to the City Council that the idorth � COUNCIL �nore Connlunity Council has provided services to the Orono and []ayzata School Districts and � the raunicipalities included therein for over thirty years. To cataloc� the various activities � presented in that span of time v�ould be tirne- consuming, Suffice it to say that virtually � evex�-1 youuth recreation program in the area had its Ueginning under ilorth Shore. Perhaps the � }�est known activity, has been the summer swimmina • ��rogram. � � Geographically, the T•lorth Sliore has moved ��es-��aarcl with the apnearance of municinal � recreation programs in Ilinnetonita, Plymouth, u�ic�, in 197G, t�layzata, This moveraent out of � areas �•�hich are able to provide their own services ir�i�ler�lents the concept with c��fiich the � �ubur}�an Recreation Association initiated the ilortii Shore Community Council some thirty years ago, As of June l, 1976, the ilorth Shore � Cor.►rnunity Council encompasses, generally, only the Urono School Districte '11e City of i•Tayzata ��ill run all the swim �i�struction at the i�a_yzata �7unior Iiic�h Pool. �:layzata c��ill make tliis service available to � non-resiuents anc.� �aill announce reyistration # through Orono Community Services. � (Continued) ! ' • ' ORO"�d0 COUNC IL P�IEETING HELD JANUARY 2 6, 19 7 6 Page 2 � The other activities provided by North Shore NORTH SHORE COI�T�ZUi1ITY may continue as in the past operating year. COUNCIL However, it is time that North Shore examine (Continued) � its role in the light of a number of significant developmentse � le There appears to be an increasing demand • for youths and adult activities in the Orono School District. � 2o North Shore and the Orono School District are � not virtually identical in geographical area served. � 3, For the past three years nearly all of a those serving on the North Shore Community I , Council Board of Directors have been residents of the Orono School District. i 4, I�iost facilities used by North Shore are � provided by the Orono School or by municipalities within the school district. 5. The Orono School Newsletter appears to be � the most effective medium for announcing , activities and for assessing the need for new activities. 6e Orono Community Services is also engaged in coordinating various programs in the district and has an administrative structure I � which no�a appears to run parallel to North A shoreo 7o T-Zost North Shore activities are on the way to being self-supporting through fees, � 3o Tiunicipal financial support of North Shore � has been applied chiefly to administrative costs, I • ; � In view of the above, the directors of the Orono Cc�..munity Services and the directors of the � North Shore Community Council might well examine the following options for North Shoree a lo Cease operations May 31, 19760 � 2. Continue with its own administration and program, � 3> Affiliate with Orono Community Services with � botti bodies involved in coordination and administrationo � 4, Become part of Community Services with the � North Shore IIoard of Directors serving as • an advisory committee, Community Services would assume administration of all activitieso � (Continued) � � , ORONO COUNCIL F��EETIAIG HELD JANUARY 26, 1976 Page 3 '� T-�r s Berglund reviewed the proposed program fox NORTH SHORE COA'!1'�UNITY June I, 1976 through tqay 31, 1977 and also the COUNCIL proposed municipal costs, (Continued) � iir, Fienry Muhich, Building & Zoning Administrator, SUBDIVISION stated that Phillip Dykstra, 3080 North Shore 3080 North Shore Drive � Drive, is requesting approval of a subdivision � of his property consisting of 2.22 acres into two parcels, each of which would exceed the � minimum lot size of one acre. Both parcels would exceed the minimum lot width requirement � of 140 ' _ Fnllnu�in� �ompletion of the 73-1 sewer project, this property was assessed for ♦ two units, noth properties would require ��ivate easements - one for access to the road � a_nd the other for access to the lake, S Planning Commission meeting - December 3, 1975 • Due to the area having long, deep lots, the . Commission expressed concern as to public opinion of the possibility of another row of � houses in the neighborhood. The Commission directed that a public hearing be held on � January 19, 1976 at 7s30 P,P��1. in the Orono Village Hall. Planninc� Commission - January 19, 1976 Re�ult of the Public Hearingo (1) All the people present and three letters were against the proposal for fear of new housing. (2) tZro ,i Dykstra agreed to withdraw subdivision proposal if one unit charge and approximately 1/2 of � the lateral sewer charges are waived� (3) The Planning Commission agreed to defer decisions � until alternatives can be reviewed with the • Council and the Legal Departmente � Nire Phillip Dykstra informed the City Council January 26, 1976, that he has decided not to � withdraw his request for a subdivision and requested the Council to act on his original • requesto � Searles moved, Butler seconded, to refer • r7ro Dykstra's request to the City staff for review with subsequent Planning Commission review at their February 2, 1976 meeting. i•iotion, Ayes (3) - Nays (0) . t � Henry T�Iuhich, Building & Zoning Administrator, VARIANCE ` tated that on October 22, 1974, a lakeshore set- 650 North Arm Drive back variance �oas granted P�Ir, Wenkstern, to � construct a dwelling at 650 North Arm Driveo t7r. Tr�enkstern has not as yet built his home and the � statute of limitations shall have expired on October 22 , 1975. He has, therefore requested r a ren�ewal of the variance approval. (Continued) � OROVO COUNCIL MEETING HELD JANUARY 26, 1976 Page 4 � On review of the renewal proposal, I find the VARIANCE variance woulc� also have to include hardcover 650 North Arm Drive setback (34, 303) and lakeshore grading (Ord. (Continued) Noe 125 and Noe 167) a The site plan sub- mitted shows extensive grading and hardcover between the house and lakeshore. All of this ��ork would be done within the 75 ' setback area> � Another factor worth considering would be � moving the location of the structure 5 ' closeer to the road, This caould require a 5' � variance from the 35 ' street setback requirement • and only 10 ' variance from the lakeshore. Nine of the 10 ' extending into the required , 75 ' lakeshore setback would consist of the attached open deck. � The applicant should also be reminded "of the • restrictions on grading and changing of existing lakeshore conditionso Planning Commission Action - October 21, 1975 � The Planning Commission t�bled the Russell � ��enkstern application for a time when the owner would be presento Zoning Administrator° s memo - December 19, 1975 i�s�:, T��enkstern called T�Tike Scheller while I was ill and said he would be present at this Planning Commission meeting to explain his p�oposale He would, therefore, be made aware or any conditions stipulated regarding filling, � grading and hardcovero • Zoning Administrator's memo - January 12 , 1976 T�Ir, Wenkstern has assured me he would attend � the Planning Commission meeting of January 19 , � 1976 . Planning Commission T�eeting - January 19, 1976 � The Commission recommended approval of a variance � on lot area and street setback requirement. They also approved a variance not to exceed 8 ° from � tYie required 35 ' street setback. The variance • from the 75 ' lakeshore setback requirement was not approved. � Butler moved, Paurus seconded, to approve as � per the Planning Commission T�Iinutes of January 19, 1976, subject to no gradinc� nor tree removale � ilotion, Ayes (3) - Nays (0) 0 � � � � • ORONO COUNCIL PilEETING HELD JANUARY 26, 1976 Page 5 S FIenry TZuhich, Building & Zoning Administrator, VARIANCE informed the City Council that although 865 Partenwood Road not ��_ . 'ed to be on the agenda until a later date, John Allenburg presented his request to reznove three or more trees and grade within 7; ° of the shoreline. He noted that presently � the area at his tract was not actual ground hut composed chiefly of dre�.gings from channel �reas over the years. He did not want to cnange the elevation of the site but wanted to fill holes to level with the natural ground • an �he T�2axwe1l Bay side of the property where � he said erosion was very substantialo IIe , s�ated that the eastern contour would be left zs is, Concerning the trees to be taken out, � ��e was presently only aware of three but due �o the numerous amount at the site he had not � f�G_c� time to make close inspection of them and r,:�>>sibly more would have to be removed. The � �,,�licant taas informed that no recommendation co�.ald be made regarding his rip rap proposal •.�.r_��iJ_ more complete plans and data were submitted, � ��•'�� P�anning Commission recommended to the Cc�-.".cil that the removal of trees be allowed r�_�ci that due to the land being chiefly composed o�_ .l�k` dredgings, t-7r. Allenburg be given t�e_mis�ion to fill in depressions to the .�.�_��.:�al ground level but not to change any �a-_ac�e oi the land and that all the above work �a^ ��l�ject to the approval and discretion of �`�'_e Zoning Administrator and Village Engineera . ��nincJ A�3ministrator - December 19, 1975 t,�tc_ receiving our letter informing hi�� of � t:ha Co�zncil° s request for more data on his • r;:o1�asal for tree removal, rip rap and filling :_:iz:1 grzding, P�1r, Allenburg called me for `_ns��ructionse I explained to him exactly what �•;e needed and suggested he have his engineer � contact me in regard to the engineering data required and that he meet with me regarding S his proposed rip rap, Iie assured me he would �� in shortly and felt he could submit the � reccssar.y material before the Planning Commission r:^cting of January 5, 1976e If this material � i:� received before this next meeting, I will � ��esent it for review and consideration. , �.cninn Administrator - January 12 , 1976 T�ra A1 �enburg has submitted the enclosed � prcposed grad�ng plan and driveway location -'s �-Aquestede � P'anning Commission - January 19, 1976 After review of the submitted survey, P�Tr. � Allen�urg statec� that it did not show his ;�lanned intent which was to keep his house at (Continued) ORONO COUNCIL t2EETING HELD JANUARY 26, 1976 Page 6 , 935 level and end up with a 932 grade. The VARIANCE Commission tabled the application until he 865 Partenwood returns with a corrected plan. (Continued) Iienry P�luhich, Building & Zoning Administrator, COPdDITIONAL USE PER.I�rtIT stated that P�Ir. P7cCleary is requesting 2259 Shadywood Road �pproval of a conditional use permit to repair and renovate the Dahlgren Cleaners building � at 2259 Shadycaood Road for use as a community hobby and craft training center which is � permitted as conditional use in the LR-1C residential zone. 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 Planning Commission has not yet made any � �ecommendation as the meeting scheduled for DAcember 16, 1975 , has been cancelled. Zoning Administrator - December 19, 1975 � I called PZro P�IcCleary and informed him of the �lanning Cornrnission reaction to his request for over-the-counter sales during the Planning Conunission caork session discussion. Iie was �lso informed this ��ould require rezoning unless classified differently. A somewhat similar proposal was denied about a year ago. Zoning Administrator - January 12, 1976 fIra I�1cCleary was in my office and informed me S he probably caould not attend the Planning Commission meeting of January 19, 1976 but � would accept the decision reached by the board, � Planning Corunission - January 19 , 1976 Previously the Zoning Administrator had been asked to talk to I-Zr. P�1cCleary and see if he would consider dropping the over-the-counter � sales as a part of his application. r7r, i2cCleary would accept no change in his original � applicationo � The Commission recorimended to the Council denial of the petition because the proposed use is a conunercial use in a residential zone and not a ,� p�rmitted use for this area, �utler moved, Searles seconded, to deny the onditional use permit for Jarnes TicCleary at �259 Shadywood Road, as per the Planning Commission recommendations of January 19, 1976< i7otion, Ayes (3) - Nays (0) , OROi10 COUNCIL I•ZEETING HELD JANUARY 26 , 1976 Page 7 Henry Tluhich, Building & Zoning Administrator, VARIANCE informed the City Council that r•Zr. Peter Fox 1410 Bohn's Point Roa.d is representing P�Ir. Rogers in his request for two variances on the property located at 1410 Bohn° s Point Road, The lot area and width variances were approved over one year ago with several conditions, He is now requesting a similar variance but has � added the request for a variance from the rear • yard setback requirement. Several parties have sliown an interest in purchasing the property if the existing barn-garage is located only 24 ° from the rear lot line, The old house shown on the survey has been partically razed, however, hazardous conditions do exist as much of the debris has been left � on the site and the existing excavation is unprotected, T�Rr, Fox has been informed ti�at this proposal would be deferred until these conditions are correctedo Planning Commission A�eeting - January 5, 1976 The Commission directed that a copy of the Jay Becker letter be submitted to the Village Council, The Commission made a motion that PZr. Fox, agent for Fred Rogers, Jr, , be informed that because of the applicant° s lack of representation and because the hazardous conditions at the property site had not been � corrected, the petition be tableda - Zoning Administrator - January 12 , 1976 ' The applicant has again been reminded to resolve the problem of debris and hazardous excavatione Planning Commission Tleeting - January 19, 1976 The Planning Commission took no actiono The e debris and excavation problem is not yet resolved. Henry P�Iuhich, I3uilding & Zoning Administrator, VARIANCE informed the City Council that PZr, Johnson is 1376 Park Drive requesting variances from lot area and rear set- back requirements, This area is zoned LR-1B ��hich requires one acre (43,560 sq. fto ) area and a rear yard setback of 30 ' , This lot is less than 11,900 sq. fte and the rear yard setback would require a 20 ° variance (2/3 of the requirement) . I would recommend denial because of the extreme non-conformities and although sewer does exist in the area, this parcel was never assessed a unit charge. (Only . lateral) a � • (Continued) ORONO COUNCIL TTEETING HELD JANUARY 26, 1976 Page 8 Zoning Administrator - January 13, 1976 VARIANC� 1376 Park Drive The applicant has been notified that his proposal would be up for consideration at the Planning Commission meeting of January 19, 1976 and the Council meeting of January 26, 1976. Planning Commission T•Ieeting - January 19 , 1976 The application caas tabled for on-site review because the Commission members were previously unable to locate the tract. Henry T•2uhich, Building & Zoning Administrator, VARIANCE stated that T�Zr. Stewart Perry, 2975 Casco Point 2975 Casco Point Road Road, is proposing to add approximately 1,000 sqo ft. to his existing residence ��hich is now located 12 . 4 ' from the south side lot line. The newly proposed addition would extend 5 ' beyond the present house leaving a setback of 7,4' from the side lot linee The current zoning is LR-1C (1/2 acre) �aith a side lot line setback requirement of 10 ' , This proposed addition would therefore require a variance of 2. 6 ' from the requirement. T have requested that he submit a statement of no objection from his neighbors. Planning Commission P�leeting - January 19, 1976 i�Tro Perry presented a statement of no objection from his neighbor, James Hartzell, The Planning Cornmission recommended approval of the variance ' as submittedo Paurus moved, I3utler seconded, to approve the variance for Stewart Perry, 2975 Casco Point Road, as per the Planning Commission rlinutes of January 19 , 1976, Motion, Ayes (3) - Nays (0) 0 Henry i-Iuhich, Building & Zoning Administrator, VARIANCES stated that P�ir. Doug Heinsch, 4025 Watertown 4025 t^�atertown Road i Road, is requesting two variances on his property before applying for a buildinQ permit. The property is located in a RR-lA (5 acre) zoned districte The parcel exceeds the minimum 5 acre lot area, however, the lot is only 230 ' wide and would require a 70 ° variance from the 300 ° requirementa The proposed location would also necessitate a side yard setback variance of 15 ' from the required 50 ' requirement. I would recommend approval as the areas of all the abutting properties are all large enough to maintain safe spans from any existing ' structure. (Continued) ORONO COUNCIL P-ZEETING HELD JANUARY 26, 1976 Page 9 Zoning Administrator - January 15, 1976 VARIANCES 4025 Watertown Road The applicant has been notified that his (Continued) proposal would be up for Planning Commission consideration on January 19, 1976. Planning Commission P�eeting - January 19, 1976 A lot of fill would be required if the proposed location of the house were to be moved west to r.leet the 50 ' side yard setback requirement because of the continuous drop in elevation toward the west. The Planning Commission recommended approval of the 15' varianceo Butler moved, Searles seconded, to approve the �ariance for poug Heinsch, 4025 Watertown Road, based on the January 19 , 1976 Planning Commission findin�s, rdotion, Ayes (3) - Nays (0) , Henry Muhich, Building & Zoning Adrninistrator, CONDITIONAL USE PERTIIT stated that a somewhat hazardous condition 1449 Shoreline Drive exists in the seawall of the launching ramp on the property of PZinnetonka I3oat iaorks, 1449 Shore- line Drive, The extreme force of the fill has caused these walls to bulge in to result in a hazardous situation. The owner is requesting approval of a conditional use permit to excavate along these walls, re-erect these existing walls and refill the area excavatede Z would recommend approval of the propo5al to repair the existing hazardous situation. Planning Commission bleeting - January 19, 1976 The Commission recommended to the Council approval to excavate and refill in the repair of the boat launching ramp walls and eliminate the hazard� Searles moved, Butler seconded, to approve the conditional use permit for Minnetfln}ca Boat 6Vorks, 1449 Shoreline Drive, as per the January 19, 1976 Planning Commission recommendations. tZotion, Ayes (3) - Nays (0) e Henry Piuhich, Building & Zoning Administrator, CONDITIONAL USE PERP�IT stated that the [�Tayzata Country Club is now 200 Wayzata Boulevard �perati�g under a conditional use permit in an RR-lI3 zone. (Continued) , ORONO COUNCIL TIEETING HF�LD JANUARY 26, 1976 Page 10 � They are planning an expansion of the existing CONDITIONAL USE PERMIT buildingo This requires approval of a conditional 200 �Tayzata Boulevard use permit againo I have enclosed copies of (Continued) the site plan and proposed addition. :The addition should cause no problem and I am sure , the landscaping will only benefit the areao , P�_�.��.�:_n� Commission T�ieeting - January 19, 1976 '` The Planning Commission recommended approval of the expansion of the conditional use permit for the Country Clubo Paurus moved, Butler seconded, that the . conditional use permit be approved for the Wayzata Country Club, 200 inlayzata Boulevard, as per the Planning Commission recommendations of January 19, 1976. Ivlotion, Ay�s (3) - Nays (0) < Henry i�Iuhich, Building & Zoning Administrator, P�IARINA LICEN51NG COr•iMITTEE �.nformed the City Council that Chairman Pesek appointed a T•larina Licensing Committee consist- inc� of Diane Dunlap, Gregg Hannah, the new Plunning Conmission appointee or Gloria T1r.Donald and one Councilmembero Searles moved, Paurus seconded, to appoint tZr. Gary Welsh the current City Council liason to the Planning Cornmission as Council' s representative to the NZarina Licensing Committeee T�iotion, Ayes (3) - Nays (0) , Paurus moved, Butler seconded, that the request VARIANCE � for I:ermit Lanuey, 190 Cygnet Plance, for a 190 Cygnet Place variance, be referred to the Planning Commissiono ii�tion, Ayes (3) - Nays (0) a paurus moved, Butler seconded, that the request FINAL PLAT APPROVAL f_or. a final plat approval for Roger Patch, 1330 Sixth Avenue NoYth 1330 Sixth Avenue North, be referred to the Planning Commission, Motion, Ayes (3) - Nays (0) . Iienry Iluhich, Building & Zoning Administrator, SUBDIVISION - REZONIr;G stated that Super Vaul is purchasing from 3333 Shoreline Drive IDS Properties part of the property located in the southwest quadrant of the intersection ot Courity Roads �15 & �#19e IDS and Super Valu have agreed to replat the property as indicated ' on the enclosed survey, This proposal would eliminate the current large number of parcels. (Continued) � ♦ OROiVO COUidCIL r�IEETING HELD JANUARY 26, 1976 Page 11 � Super Valu has requested we eliminate the usual SUBDIVISION - REZONIN� �'.atting procedures and waive our general policy 3333 �horeline Drive of referra� to the Planning Commission and (Continued) � pt�blic hearings. A representative will be �rAsent at the pre Council meeting at 6: 30 P.P�7. cn January ?_6, 1976, I have informed Mr. � Frickson that a hardshell and milar would � probably be required even if the preliminary pians are approved. ^� -� would like to point out several facts to � consider before reaching a decision to waive our policiese � � _lo Soil conditions of Parcel A 2e Present zoning of Parcels A & B � 3. Drainage 4. Conflict of proposed platting lines and � zoning lines 5o Park dedication fee • 6o Unpaid special assessments 7o Certification of hardshell and milar � 8. Subdi��ision Resolution � 90 Input from public hearing l0o Preliminary indication from IDS for a � similar subdivision proposal for the property west of Kelly Avenue including � ICeaveny Drug, the Liquor Store, �tce and the LR-1B residentially zoned area along Carmans Bay. w T�I.r, Jim Erickson, representing Super Valu, ,r � �.p�eared before the Council restating his raruest to waive usual Council procedures r znd public hearings, Niayor Searles informed I-iro Erickson that the City of Orono has to # �bide by its ordinances, particularly ��:-hen public interest is involved. � � S�arles moved, Butler seconded, to waive the �-eferral to the Planning Commission and hold � a public hearing February 19, 1976 at 7s30 PeM. concerning rezoning, lot lines and storm water � s'�:udies rela��ing to the Super Valu and IDS properties located at 3333 Shoreline Drive� f r�otion, Ayes (3) - rlays (0) . a � T�Zre Dennis Buratte, representing IDS Properties , SUBDIVISION discussed ��ith the City Council their request 3425 Shoreline DYive � ior waiver of platting four tax parcels, 2520- 2;40-25G0 & 2565 in Plat 42420 stating thate t^?^ _.present IDS Properties, Inc. in connection �aith its proposed sa].e of the land described ili the Orono Land Use Application to which this � leLter is attached. The proposal is to divide � (Continued) � A ,� ORONO COUNCTL N�ETIPIG HELD JANUARY 26 - 1976 Page 12 � Lots 13, 14, 15 & 16 in Block 6, Townsite of SUBDIVISIOPI Lungdon Park, into three (3) separate parcelso 3�25 Shoreline Drive � Parcel 1 would ��onsist of all of these four (4) (Continued) lots except the north 230 ' thereof. Parcel 2 would consist of the easterly 184.68 ' of the � north 230 ° of tne four (4) lotse Parcel 3 would consist of the remainder of the north ,� 2 30' �_;:E' the four. (4) lots. Attached hereto is a survey of proposed Parcel 1 dated � �?ar.uary 8, 1976, made by C. E, Coulter & Associates, Inc, , and a survey of proposed • Parcels 2 & 3 dated January 14, 1976, made ' by C. E, Coulter & Associates, Inc, � The propased establishment of Parcel 1 ��ould carry out the intent of the Orono zoning � ordinance as �his land is currently zoned residential, while Parcels 2 & 3 are zoned � co*nmercial. The establishment of Parcels 2 ��nd 3 would permit separate ownership of � the existing buildings on that land: The . proposed division 1�_ne follows the centerline of a party wall separating two existing � buildings as shccan in the survey dated January 14, Z976, No new development is planned by the � nL�rchasers of proposed F-_rcels .2 & 3. The owner of proposed Parcel 1 e�ould, of course, � have to pl�t that parcel at such time as he c'�v�Io�s i�� residenti�.I_ly, � �lthough it is not clezr, it appears that Orono Ord�nance iVo, 39 may require a platting of the � subject property in order to accomplish my client° s plan. Even if platting is not � req�ired, h�wever, municipal approval is a p�actical necessity as the plan requires the '� d�signation of new tax parcels. The subject . �Non�rty is currently comprised of four (4) r�arc�ls, being Parcel Nose 2520, 2540 , 2550 and � ?.5G5 in Plat No. 42420. From a planning point of view, ho�aever, platting would seem a � n�edless waste of time and money for, as �tated above, no new development of Parcels • % F: 3 is proposed and Parcel 1 would have to b� platted at the tim� of its developmento O • TT1ri?7!?S:�+'c-i Statutes, Section 462. 358, Subd. 4, provides that vahere compliance with municipal � subdivision regulations will create an unnecessary rardship and failure to comply will not interfere � :�i�ii �he purnose of the subdivision regulations, the platting authority may waive such compliance • ��v acoption of a resolution to that eiiect. Althcugh I have not ^�en Orono Ordinance PJoe 132, I ur_Gerstand that it �ay deal Geith this situation � and permit the City Council to waive compliance with Orclinance No. 39, � • � (Continued) • ,� ORONO COUr1CIL P�IEETING HELD JANUARY 26 , 1976 Page 13 ♦ In any event, we are hereby petitioning the SUBDIVISION Orono City Council to adopt a resolutic�n waiving 3425 Shoreline Drive the necessity of platting in order to accomplish (Continued) the foregoing plan, P�yself and a representative �f IDS Properties, Inc, will attend the City � Council meeting to be held January 26 , 1976, and i-,�e will be most happy to answer any questions + �:t that time e ! Fnd of lettere ! ?'t �.��s also noted that the Keaveny Drug was + interested in expanding its operation in the existing 5uper Valu Store, � Searles moved, Butler seconded, to waive the ' Planning Commission referral and ordered a puhlic hearing to be held on February 19, 1976 � at 7e45 P.T�i. concerning the IDS subdivision at , 3�?.5 Shoreline Drive, t�iotion, Ayes (3) - Nays (0) o � E��ler moved, Paurus seconded, to adopt RESOLUTION #660 � Resolution �660, A Resolution To Amend Personnel Policy Resolution #630 That Amended Section XIV • Ci.ty Of Orono Personnel Policy. Plotion, A�•es (3) - Nays (0) � � Searles moved, Paurus seconded, to adopt ORDINANCE NO. 183 � Ordinance Noo 183, An Ordinance To Amend Decrease Size of Park Chanter 9, Section 9 �020 And Section 9.030 Commission * Of The P4unicipal Code Of Orono To Decrease The Size Of The Park Commission. Motion, Ayes (3) - w P1ays (0) o • � Dick Benson, City Administrator, informed AMEND RESOLUTION #n the City Council that Resolution #4 establishing � �IZe office of City Administrator was being Yeviewed by staff and will be updated and • presented to the City Council for approval at tre February 9, 1976 Council meeting. a � Dick Benson, City Administrator, reported to ICE ARENA � '�:z� City Council that the Orono School I3oard Orono School's &nswer replied to our request for funds to support � an ice arena feasibility by stating thata � �i'�;.is letter is in reply to your Decenber 8, 1975 rec�uest of the Orono School Board and the r�Iound � ":_�hool Board to share the expenses for a f�asibility study for an Orono ice arena. Please be advised that the Orono Board of Education, � at its January 12 , 1975 meeting, discussed your rec�uest at length and decided that they would � not be in favor of sharing the expenses of a • (Continued) � ♦. ORONO COUNCIL P-�EETING HELD JANUARY 26, 1976 Page 14 '� feasibility study for an Orono ice arena. Please ICE ARENA be advised that the Orono Board of Education, (Continued) � at its January 12 , 1976 meeting, discussed your request at length and decided that they would not be in favor of sharing the expenses of a � feasibility study primarily because the �•,.rollment at both Orono and the P�tound Schools � is decreasingo The pattern of decreasing ' enrollment seems to be pretty well established �.nd it appears an enrollment decline will � continue for a number of years. � ��e in Orono have been very satisfied with our }-elationship with the Wayzata ice arena and � unless an Orono arena could be constructed and operated in a manner that would guarantee a � �ower operating cost and better selection of + prime ice time, we would, frankly, not be interested in leaving the �4ayzata ice arena, � We have been treated very well at Wayzata and have a fine working relationship with thema ,* t��Te would hate to see our leaving the Wayzata op�ration cause the cost to rise beyond a � reasonable figure for those remaining with the result at both Wayzata and the potential � Orono arena costing significantly more than our present expenditures at Wayzatae Thank you for considering us in the planning �:or a new aren<:;. If the enrollment were to � increase significantly in our schools, or the cost and prime ice time become a real problem � at ti�layzata, we would likely be interested studying � the feasibility of the construction of a separate Qrono ice arena to be shared primarily with � T�Touna. � End of letter � �'aurus rnoved, Butler seconded, to appoint APPOINTMENT Geo�ge I3osfield, 2525 �:elly Avenu�, for a George Hosfield • three-year term to the Planning Commission. Planning Commission � P�Zotion, Aye s (3) = i�ays (0) < � Butler moved, Paurus seconded, to accept the 1976 SEAL COATING PRGG�'1�7 � Bids & Specifications for the proposed 1976 Street Sealing & Overlay Program and advertise • same, which states thata � Sealed proposals will be receivedo publicly � opened and read aloud for the consideration by the City Council of the City of Orono, TZinnesota �t l0 °00 A. T•4. , Friday, February 27, 1976, at the City Hall for the seal coating of � approximately 79,000 square yards of streets a��d 420 tons of bituminous overlayo Bid • (Continued) • � . � ORONO COUNCIL T4EETING HELD JANUARY 26, 1976 Page 15 � consideration and contract award by the City 197G SE�L COATING � Council will be at 7030 P.Pi, C.S,T, , rionday, (Continued) T�iarch 8, 1976 . � All proposals shall be addressed to the City Administrator, City Hall, PoOo Box 66 , Crystal � Bayo i�iinnesota 55323, shall be securely sealed, shall be endorsed on the outside with � the statement "Proposal For Seal Coating and Bituminous Street Overlay" , and shall be on � the form included in the plans and specifications for the project> � ! Copies of the plans, specifications and other proposed contract documents are on file with � the City Administrator and at the office of T�ZcCombs-Knutson Associates, Inc, , Engineers � and Surveyors, 12a05 Olson t�Zemorial Highway, P�Iinneapolis, Nlinnesota 554410 Plans and � specifications for use in preparing bids may i be obtained at the office of the Engineer upon deposit of $10. 00, The full amount of the � deposit for one set will be refunded to each bidder who has made a deposit and has filed � a bid with the Owner; upon return of the plans and specifications within ten (10) days after the bids are openedo The City of Orono reserves the right to reject � any and all bids and v�aive any informalities or irregularities thereine � P4otion, Ayes (3) - Nays (0) . • • 1�Tayor Searles announced to the public that PRE-COUNCIL MEETINGS preceeding each City Council meeting at 6a30 PeM. , the Aclministrator discusses with the Council � events that have occurred during the previous weeks and the current agenda that is before the � Council. The meeting is held at the Administration Conference room and the public is invited to � attendo • • City Administrator Dick Benson announced to the PUBLIC HEARINGS public that> February 3 & 4, 1976 � Block Grant Program The City staff have met briefly with PZr. � Isaacson and P��r, Blackstad, representing Hennepin County staff concerning the 1976 • Community Development Block Grant Programe �>le discussed what program might be validated by HUD in determining Orono° s 1976 grant programe � (Continued) � � � � ORONO COUNCIL r4EETING HELD JANUARY 26, 1976 Page 16 ,� I pointed out Orono's interest in preventing PUBLIC HEARINGS further pollution of Lake Minnetonka and that (Continued) � we have commenced with engineering studies to determine what can be done for the Stubbs Bay area in relieving the pollution generated � by septic systems in the area which is also detrimental to the safety, health and welfare � of the residents who reside thereo P•Zre Black- stad stated that this type of improvement would � definitely be approved by HUD and could be incorporated in a two-year plan. This is ` only one recommendation G.*��ng several others that will be relayed to Council during our � February 3 & 4, 1976 public hearing with i interested commissions. � City Administrator Dick Benson informed the WATER METER READING � City Council that the staff is reviewing COSTS Utility Department revenue resources • particularly water meter reading costs and other departmental revenues and costs to � determine if current policies and fees are ` within the projected 1976 budgetary limitations. • Searles moved, Butler seconded, that the request KEPdNEL LICENSE for a Kennel License for Harry Piper, 3520 t-�ater- 3520 Watertown Road to�an Road, be approved. 1�lotion, Ayes (3) - Nays (0) 0 • � r�iayor Searles announced that the City staff inet #12 & OLD CRYSTAL BAY �.vith the Orono School District Administration ROAD TRAFFIC SIGNAL � aricl representatives from the State Highway Department to discuss the r_ee� f�� a �-Y,�r� - �.L[.i 1 1 11.. � light at the intersection of Highway #12 and the Old Crystal Bay Roade P�r, Ro N�. Robinson, i D�_strict Traffic Engineer, stated that the � accident rate factor does not warrant a traffic light and that this particular inter- , section is in a "watched" category, not a design or installation stage< ��Jhen the � classification of this intersection changes, tunds have to be made available which would then � be �ntered on a waiting list which at that tinle, ` would involve another 8-10 year wait. Niayor Searles stated that the State Highway Department � has agreed to continue their analysis of the «��-�a and would allo�� the School District and the �, City of Orono to install a flashing warning light to the east and west of the Old Crystal � �ay Road on Highway #12 at an estimated cost �f $2 ,OOOo The City Council instructed staff o apply for a permit for such an installation and to negotiate with the School District on � a share cost basis, • � � � OROIdO COUNCIL NIEETING HELD JAP3UARY 26 r 1976 Page 17 ' Butler moved, Searles seconded, to approve the BOARD OF REVIELV P3EETING Henriepin County Assessor's request to hold a DATE Board of Review T2eeting, Tuesday, June 1, 1976 June 1, 1976 at 7: 30 P.T�10 in the City Council Chamberse T3otion, Ayes (3) - Nays (0) e � � City Administrator Dick Benson informecl the CITY OF PLYP�IOUTH LETTER City Council that Orono is in receipt of a North Ferndale Road � letter from the City of Plymouth stating thata � At the Plymouth City Council meeting of • January 19, the Council adopted a resolution regarding Ferndale Road responsive to the � concerns and proposals relayed by you verbally to our Planning Commission and in writinc� to � the Council. � The staff has been directed to immediately obtain a written proposal from a ',ocal transpor- � tation planning firm of recognized capability � responcling to the following general outline: � 1. Projected traffic volume at five-year intervals through volume s�.turationo These i projections �aould include County Road 6 through U.Se 12 segregated from points of internal generation. 2o Ultimate road specifications required. � 3. Potentials for phased improvement to ultimate � specifications and the timiny of such phases. � 4. Cost projections for all improvement levels. r We will be contacting Barton-Aschman Associates, � Ince for the proposale Barton-Aschman, as you probably know, is nationally recognized for their � expertise in transportatian planning, It has been estimated that the proposed study taould not � exceed $2,000 and could be completed within 2-3 weeks. i . Consistent with the spirit of cooperation, our Council has authorized expenditure of up to � $1,000 toward study costs upon the condition that Orono �aill accept the study proposal and � authorize a like expendiutre to pay 50 Percent of the currently estimated study costs, not to � exceed $1,000. � Tlie Council has indicated that they want this � study cornpleted prior to the final consideration of the Ferndale North (Elwell Property) plate � Our Council° s intent is to consider iricorporating the findings of the study into Plat design. • (Continued) � � ♦ OROIJO COUNCIL l'iEETING HELD JANUARY 26, 1976 Page 18 • ��ith this in mind, these findings must be CITY OF PLYt20UTH LETTER available to us as soon as possible. As we have North Ferndale Road been directed to return to our Council by (Continued) February 23 with a decision as to whether a joint study ��ill be undertaken, we would � appreciate your response concerning Orono's willingness to participate in this study as � soon as possible. � ��e will be transmitting a copy of the study � proposal to you within the next few days, � James G. Willis City ��Ianager � End of letter • The City Council instructed r-Zayor Searles and � Administrator Benson to meet with r��r. �aillis, � Plyr,touth City P•lanager, and discuss their proposal< � City Administrator Dick Benson informed the POLLUTION CONTROL AGENCY � City Council that Orono is in receipt of a FINDINGS letter from the T�Iinnesota Pollution Control • Agency to the �letropolitan Waste Control Commission stating that: The P�Zinnesota P011ution Control Agency has reveiwed the revised environmental assessment, � the public participation, and public comments subrnitted on the proposed Orono-Long Lake � interceptor project. A number of serious concerns and questions have been raised in the public • hearing, and in the environmental assessment with the route and project design. Although � �re doctur.entaticn submitted has been fairly � complete, there still are unresolved issues between the MinTCC and the City of Orono. • The basic question revolves around the selection + of alternative 1 (the gravity interceptor) in lieu of alternative 6 (forcemain) , in the 1972 + preliminary engineering reporte In the 1972 , report, the forceMain had the lowest total annual cost� Additional costs were added �, however, whicli include extra costs to Orono for additional sewer and pumping stations needed with � alternative 6. This additional cost was associated with sewering presently undeveloped areas, in • line with the then projected population and dense developmento Since 1972, the population � for Orono has been revised downward, and most � of tr,e:undeveloped area is zoned for 2-acre lots with onsite sewage disposal, as indicated in � Orono's Comprehensive plan. As a result, the local community costs for alternative 6 in � table 10 of the 1972 report will obviiusly be proportionally lesse • (Continued) � � ORONO COUNCIL t-ZEETING HELD JANUARY 26, 1976 Page 19 � In addition to the re-evaluation of the cost POLLUTION CONTROL AGENCY effective analysis in alternative selection, LETTER we believe that the MG��CC should consider further (Continued) possible permanent impacts on wetlands identified on pages II-8 and V-3 of the revised EA, and � the impacts of the gravity interceptor on development identified on pages III-28 and V-9 � of the Environmental Assessmente � In re-evaluation alt�rnatives, we would encouraqe you to work with the City of Orono in order to � select a mutually satisfactory, cost effective . and environmentally sound alternative. � Tn that we are concerned about the FY 76 funding of this project, we would appreciate � being apprised of the schedule by which you intend to address the above concerns. � i Louis J, Breimhurst, P. E. � End of letter � Paurus moved, Butler seconded, to appoint a steering committee composed of three members � chaired by Mro Brad Van Nest with Council representative l�iayor Searles and another appointee from the Planning Commission to assist in the re-evaluation of cost analysis, alternative selections, and environmental � iripacts which will effectively schedule the O.r_ono-Long Lake interceptor. proposal. P�otion, S Ayes (3) - Nays (0) . � The City Council instructed the engineer to DETACHMENT & ANNEXATION � study the Cheyenne Detachment & Annexation Cheyenne Land Company S proposal and report to the Council at th�ir Iebruary 9 , 1976 meetinge • f The City Attorney's report which consisted of CITY ATTORNEY'S REPORT Herrick Circle Resolution, Park Dedication Fees � and i�lulti-Dwelling Proposed Ordinances, Casco • Point Park, and the i7APSI Contract were deferred to the Febr.uary 9, 1976 Council meetingo • � I•Ir, Rick Sathre, City Engineer, reported to the ORONO 1�ZSA SYSTEM City Council that he submitted a letter to the * District State Highway Engineer stating that: • The City of Orono has asked us to obtain your recorunendations in regard to their intent to remove the portion of �r�atertown Road between � �4illow Drive and Old Crystal Bay Road from the P�SA Program and to designate a presently non- � (Continued) • � � ORONO COUNCIL �'iEETING HELD JANUARY 26, 1976 Page 20 � existant road to connect the intersection of ORONO P•iSA SYSTEPZ County Road 19 and County Road 84 with the (Continued) intersection of County Road 6 and Watertown Road. This connecting link would beCome a portion of the proposed Ring Route to ser�e � the residents of the west Lake Minn,c�onka area; � thereby lessening the traffic load presently carried by County Road 15. Orono presently � has 0.6 miles of Nlunicipal Stat� Aid mile�ge undesignated and by remotring the po�tion � of t°�atertown Road betweeh Willow Drive and Old Crystal Bay Road, we cou].d obtain approximately � an additional half mile. The portion of the + Ring Route which we propose to designate under the TISA Program would be approximately 0.2 miles. � �ae would then be left with approximately 0.2 miles undesignated. • �ae would appreciate your review of our intent an d • your recommendations by return letter. The app�oximate alignment of the proposed roadway � is shown on the attached maps. Pl�ase contact � me if you have any questions or conlments: � The groundwater testing report will be presented GROUNDtaATER TESTING by the City Engineer at a later date. � P1r. Rick Sathre, City Engineer, reported to the HENNEPIN COUNTY STREET � City Council that Hennepin County is considering ABANDONMENT � .acating a right-of-way that serves as a private street parallel to Hennepin County #51 located � east and west of the Hendrickson Bridge. P�tore information will be available at the February 9, � 1976 Council meeting. r . Butler moved, Paurus seconded, that the following LICENSES licenses, be approved: tlotion, Ayes (3) - Nays (0) . • Peterson Plumbing & Heating - Plumber & Sewer Hookup Roger P�i. Stubbs - P�ioving Building • Cigarette Licenses � Arthur Gunderson - North Shore Union 75 Hoff Distributing Company - Navarre Shell Station � Richard Keaveny - Keaveny's Navarre Drug , LeRoy Koehnen - Koehnen's Standard Station Paul Fahlin - Paul's Landing � Leo Scherber - Saga Hill Grocery Donald Abel - V�ayzata Country Club � Russell Wenkstern - Lakeview Golf of T2innetonka �North Star riarina Tyra's Super Valu I�Zayona Sundlin - Twelve Hi P•4arket � Robert Leonard - Stubbs Bay Resort � �.obert Leonard - Unicorn Supper Club • � � ORONO COUNCIL MEETING FIELD JANUARY 26, 1976 Page 21 � Paurus moved, Butler seconded, that the BILLS Al1 Fund Accounts 1907 through 194a, 1949 through 2006, 19201 through 19217, and Liquor Store Accounts 11097 through 11130, be paid. rZotion, Ayes (3) - Nays (0) . • � Butler moved, Sear�es seconded, that the ADJOURNMENT meeting be adjourned at 9 :40 P.M. PZotion, � Ayes (3) - Idays (0) . � � � ,� _ � �� <<. , �; � , � •C L - ' • obert L. Searles, Niayor • � , �/�� Attest e ��C ?-� '� � Wa ter R. B nson, Cler -A inistrator � � � a � • � � � � � � � � � • � �