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HomeMy WebLinkAbout02-09-1976 Council Minutes � ' . . � CITY OF ORONO � Regular I,Ieeting of the Orono Council, 7: 30 P.l�i. February 9, 1976 � The Orono Council met on the above date with the following members preserit: Acting Piayor I3utler, Council.members P�urus and taelsh. Absent: � Iiayor Searles and Council.member PZassengale. � Also presente Administrator �enson, Building & Zoning Administrator Muhich� �nd �ttorney T�Talkerson< � � [°7elsh moved, Paurus secondec�, that the Tlinutes TZIIIUTES of the Regular Pieeting of January 26, 1976, be � approved o T-�otion, Ayes (3) - P1ays (0) . � � Z�?elsh moved, Paurus seconded, that the request CONDITIONAL USE PERI�iIT of Stubbs Bay Plarina Cafe, 3445 Bayside Road, 3445 Bayside Road � for a conditional use permit renewal be referred to the Planning Commission. Nlotion, Ayes (3) - � iJays (0) , � � ti�elsh moved, Paurus seconded, that the request SUIIDIVISION of Fred Lucas, 2055 Sixth Avenue North, for a 2055 Sixth Avenue Nortn � subdivision, be referred to the Planning Commission, TZotion, Ayes (3) - rlays (0) . t3enry i�iuhich, Euilding & Zoning Administrator, SUBDIVISION � stated that Pdrs.. fiollander is requesting approval 345 Spring Hill Road of the subdivision of her existing four-plus , acre parcel into two parcels slightly larger than two acres eache Enclosed is a copy of the � proposal along with engineer°s reports from both ilr, Coffin..and the Village Engineer. Both • parcels would meet the two acre area anc� 200 ' lot c•�idth requirements in this RR-1B zoned district. �' A public hearing should be scheduled for February 2 , � 1976, � Planning Commission I�Ieeting - February 2 , 1976 � The Planning Cor.unission recommended approval of �relininary subdivision proposal caith in5truction • than any proposed access to either lot directly • from County Road #6 would require County approval. � Proposed subdivision meets all zoning ordinances and no objection from neighbors. • T�delsh moved, Paurus seconded, that the preliminary � subdivision proposal for Hildur Hollander, 345 Spring Lill Road, be approved. T�Iotion, Ayes (3) - Nays (0) . � � � � . . • ORONO COUiJCIL IZEETING H�LD F�BI2UARY 9, 1976 Page 2 � � Iienry tTurich, Building & Zoning Administfator, FINAL PLAT APPROVAL stated that P2re Roger Patch, 1330 Sixth Avenue 1330 Sixth Avenue North � I�Torth, has submitted the mylar and hardshell Underhill Farms Acldition for the Underhill Farms subdivision which received prelir►inary approval on August ].1, 1975. The plan showwn on the final drawings is very � Uir�lilar to the approved preliminary plan. The � parlc cledication fee has not been paid as yet, � Planning Commission t�eeting - February 2, 1976 � Recomm�nd approval as all parcels meet zoning requirements and no objection from neighbors. • • Paurus moved, �Jelsh seconded, that Resolution RESOLUTION #661 #�G61, �1 Resolution Approving The Underhill Underhill Farms Addition . Farms Addition, be adopted. T•4otion, Ayes (3) - Nays (0) , ♦ � Henry P�iuhich, Building & Zoning Administrator, SUBDIVISION stated that i�Ir, Phillip Dykstra, 30�Q I�lorth Shore 3080 North Shore Drive � Drive, is requesting approval of a subc�ivision of • his property consisting of 2 ,22 acres into two parcels each of which would exceed the minimum � lot size of one acree Both parcels would exceed the minimum lot width requ:_rement of 140 ° , Following completion of the 73-1 sewer project, this property was assessed for two units, Both properties would require private easements - one for access to the road and the other for access • to }he lakeo � Planning Commission Meeting - December 3, 1975 � Dtze to the area having long, deep lots, the � C:-�m�t►issi.on expressed concern as to public opinion of the possibility of another row of � houses in the neighborhoodo The Commission directed that a public hearing be held on � January 1`,, 19 76 at 7 e 30 P.t�T, in the Orono . City Halle � Planning Cor�u�lission T�Ieeting - ,7anuary 19, 1976 ` Result of the ���blic hearing: l. All the people nresent and three letters were against the proposal � f�r �ear of nr_�•� housingo 2, I�r, Dykstra agreec? to �•�itlidraw subdivision proposal if one unit � ctiarge and approximately 1/2 of the lateral ' sec�er charge are waived. 3o The Planning Cor��-�ission �greed to defer decisions until � alternative�- can ue reviewed with the Council �nd the Legal Department, � (Continued) � � � . � OROT10 COUIICIL T•1��TING HELD FE$RUARY 9, 1976 Page 3 � Planning Commission T�4eeting � Februalry 2, 1976 SUBDIVISION ! Reluctantly recommended approval as pro osal 3080 North Shore Drive meets all zoning requirements exce t for (Continued) easement to lake, which should be eliminatedess � Also suggested Council ret�iew any and all possible alternatives. • Butler moved, �•�elsh �econded, to approve the � request of Phillip Dykstra, 3080 North Shore � Drive, for a subdivision, PZotion, Ayes (3) - Nays (0) , • � �Ienry T�luhich, Building & Zoning Administrator stated that the Planning Commission at their � VARIANCE, CONDITION�L � February 2 , 1976 meeting recommended a roval USE & RIP RAP of ri ra to pP 865 Partenwood ♦ P P prevent further erosion at 865 Partenwood for John Allenburg's property, � Boulders approximately 12 ' in diamet�r, approval of the Department of Natural Resources, Lake � r�iinnetonka Conservation District and Army � Corps of Engineers and approval of filling and grading as necessary for construction, subject � to notification of City . .Engineer and Zoning Administrator for on-site inspection and approval before commencing grading involved along shoreline rip rape Paurus moved, Welsh seconded, that the request � for John Allenburgo 865 Partenwood, for a variance, conditional use and rip rap, be approved as per � the Planning Commission I�Zinutes of February 2, � 1976, B7otion, Ayes (3) - Nays (0) . • Fienry T�uhich, Building & Zoning Administrator, VARIANCE � stated that Vincent Johnson, 1376 Park Drive, 1376 Park Drive variance request was tabled until the Planning � Comniission i�Ieeting of February 17, 1976. The � applicant �vas instructed to submit plans of proposed location of house to determine exact � extent of variances requested, �This would provide additional time for study of proposal along with traffic hazards that might �'result from ingress and egress to the property. �The following data will explain the taY and sPecial a.ssessment status of the propertyo �l. Sewer lateral installed 11 years ago � ao Total lateral assessment $29e70 b. Eleven years payment of $1,98 per year $21. 7g c. Remainder of lateral assessment to be paid - � $7. 92 � (Continued) � + . � . ORONO COUNCIL P�EETING HELD FEBRUARY 9, 1976 Page 4 � 2 . Sewer footage charge only VARIANCE a. Total footage charge $390,00 1376 Park Drive b. Five years payment of $27va6 per year - (Continued) $13�e 30 ` c. Remainder of footage assessment to be paid - $250070 � 3o Sewer unit charge - NONE - 0 Evidently concluded lot unbuildable • 4. 1974 Real Estate Tax • a, P�iarket tax value - $1,250,00 bo Base tax 57.25 � c, Special assessment - 57e51 (toward sewer assesso ) , d, Total tax $ 118026 5 � 1975 Real �state Tax � a< TZarket value $1,500v00 . bo Base tax 63.10 co Special assessment - 55. 16 • (toward sewer assess. ) d, Total tax $ 118026 � � I3enry I��Iuhich, Building & Zoning Administrator, CONDITIONAL USE PER1��7IT reported to the City Council that Ski Tonka has Ski Tonka � been in operation for several years< The original first phase of the operation has been approved through a conditional use permit and licensinge �;ze second phase, however, has never been approved. � The condi�ional use permit was never extended for the expanded operation, This item is up for � discussion as a work session item only. The material enclosed is not complete yet as � T•irs Primus has only submitted the application. � I have not yet received the necessary site plans, abstractors certificate or feee I wrote to him � on January 9 , 1976, informing him of the material not yet subrnitted. � Planning Commission I��Teeting - January 19, 1976 � . Proper material for the conditional use permit application has not yet been received. The � Planning Cemmission instructed staff to proceed with investigation of the operation and tag � any violations. � Planning Commission t-7eeting - February 2, 1976 Rncommended approval of expanding existinq a conditional use permit for second phase of � Ski Tonka operation subject to compliance with all bui?ding and zonincJ regulations and safety measures as required for ski operations. � (Continued) � e � ` OROTJO COUNCIL r2EETING HELD FEBRUARY 9, 1976 Page 5 � Paurus moved, Butler seconded, to request the CONDITIONAL USE PERP•2IT Legal Department to draft a resolution allo��aing Ski Tonka a conditional use permit conditioned on Mr. Lee (Continued) Primus submittirig_ a report to the City Council that all safety measures, etc. as provided in � Chapter 69-2 of the Orono Code have been adhered . toe This report will be provided by an expert on ski-tow sa£ety at Air, Primus 's expen5�. � The license will be issued simultaneousl.y upoh receipt of the above report. I�4otion, A��s (3� - � Nays (0) , • Henry T�iuhich, Building & Zoning Administrator, SPECIAL REQUEST � reported to the City Council that Rod I�IcCharl.es Nori-Conforming Use . oua:�s the building which was recently occupied 3502 Shoreline Drive by the Lumber 11art. This area is zoned B-4 � (Buc_ '. :ess & Professional) which prohibits over- the -counter type operations as permi�ted in �he � B-? and B-3 zones. � The building is now vacant and I�•Ire P�1CCharles has had several lease proposals from parties for uses � not perraitted in the areae F•�r, McCharles will � appear for the meeting to discuss the matter, Planning Commission - February 2 , 1976 iIie P�IcCharles requested what procedure might be necessary for approval of commercial (over-the- � counter sales type operation) in recently B-4 � zoned area at 3502 Shoreline Drive. � Tliis building was recently vacated by the Lt�*.�ber FTart, r t�e c•�as informed that several uses he had proposed � ��?nuld not be permitted in this zone (pool hall ! a_ld game table operations, restaurant, plant sales, auto parts, etco ) e He suggested several � other uses which i��ould be permitted in the B-4 zone - municipal use, banking, and architect � office, He was also informed that the property could not be used commercially (over-the-counter � sal�s) without rezoning. � . t�;�lsli moved, Butler seconded, to approve the VARIANCE RENEWAL variance renewal for Kermit La�uey, 190 Cygnet 190 Cygnet Place � �''ace, because no other adjacent land is available t� expand the lot size and the property has been in single separate ownership prior to January l, 1975. �I�iotion, Ayes (3) - Tdays (0) , • e � . ORONO COUI�ICIL TTEETING HELD FEBRUARY 9 , 19 76 Page 6 � Henry Aluhich, Building & Zaning Administrator, 1�ZARINA LICENSES discussed with tlie City Council marina licenses and the schedule of review meetings. , Butler moved, Paurus seconded, to appoint APPOINTT�1EidT John Guthrie to serve with P�Tayor Searles and John Guthrie � Brad Van Nest on the Orono-Long Lake Interceptor Cornmittee. TTotion, Ayes (3) - Nays (0) , � � I3enry i�luhich, Building & Zoning Administrator, SUBDIVISIOiJ • reported to the City Council that Super Valu Super Valu Stores are proceeding to purchase a portion of 3333 Shoreline Drive � the I,D.S. Property located at the corner of County Roads #15 & #190 � IoD,S, has agreed to Super Valu's request for , a replatting and subdivision of this property into only two parcels. One to be o��ned by Super Valu and the other to remain with I.D.So a The Council has scheduled a public hearing on � this proposal for 7e30 P,P�o on February 19 , 1976, I arn, however, presenting this proposal to the � Planning Commission for any suggestions and recommendations that I might forward to Council at the public hearing. Several problems should be resolved together � with this subdivisione This would require rezoning of some of the land and several � variances to our B-3 zoning ordinances, � Re;oning problem - only a portion of Parcel II is zoned B-3, This portion is the land lying � between the property line along County Roads ! ;�15 & ;k19 and a parallel line 250 ' south and southwest of these property lineso � Super Valu is purchasing Parcel B which extends ,� 400 ° south of the north property lineo This extends into the LR-1B zone to the south, � Because of an existing sewer line running through the B-3 zone, the pra�osed Super Valu Store will • have to be built south of this existing sewer linee The proposed building would �herefore extend into � the LR-1B zoneo This would then require rezoning of a strip of land 50 ' wide running parallel to the south line of the B-3 zonee The following variances would also be necessarya l, 50 ° side yard variance from the southeast corner of the building to the side lot line. The � location of the existing City sewer line through the property results in encroachment of the property line. (Continued) OROPJO COUNCIL A�ETING HELD FEBRUARY 9, 1976 Page 7 2e 10 ' variance from the required setback of the SUBDIVISION parking lot from property line along County Super Valu Road #15 to meet parking requirements. (Continued) 3a 15 ' variance from required setback of structure from Kelly Avenue property line. This variance f would be required to provide adequate area to build Phase II of the proposal sometime � in the future. This again results because of • the present location of the City sewer line through the propertyo � 40 100 ° variance £rbm the setback requirement of the structure from residentially zoned i district. Super Valu will provide us with a conservation easement over 100 ° of their residentially zoned land as a buffer without requiring any additional zoning. � Planning Commission hieeting - February 2, 1976 Proposal was brought up to the Planning Commission as an information item and status report. a The Planning Commission agreed with the concept � and Council's decision to expedit� the proposal, � Henry PJiuhich, Building & Zoning Administrator, SUBDIVISION reported to the City Council a plan of the proposed I.D.S. Properties subdivision by I,D,S. Properties. This Subdivision 3425 3horeline Drive proposal is located sou�h of County Road #�].5 and � west of Kelly Avenue, It includes the present cornmercially zoned area on which Su�er Va1u Store � and Keaveny Drug Store are now located and also • the LR-1B zone area sou�h of this commercial property. � This proposal would result in three parcels - i.c,�o commercial and one large residential lot. The � south lot line of the two commercial lots does not coincide with our zoning lines, however. I would � therefore, recommend if the suhdivision is approved, we should also rezone the 20 ' along the north � line of Parcel 1 from commercial to residentialo � This has not been referred to the Planning Commission '�y Council but I am presenting the proposal as a work session item so as to obtain any comments the Planning Commission may have on this proposal. � A public. hearing has been scheduled to be held by the Council at 8000 P.P�I, on Thursday, February 19 , 197G, �he developer should be reminded of the required 'ark Dedication Fee and any unpaid special assessments. (Continued) ORONO COUNCIL P�1EETrrdG fIELD FEBRUAR� 9 ; 1976 Page 8 a Planning Commission i�ieeting - February 2 , 1976 SUBDIVISION I,D,S. Properties Proposal was brought up to the Planning Com�-nission (Continued) a.s an information item and status report. f There was some discussion regarding the Zoning P_dministrator's recommended rezoning of the 20 ° strip of commercially zoned area loc�ted along the north property line of the residentially zoned � Pz.rcel ;�le They did agree with the concept of s the subdivision proposal. � Henry P�uhich, Building & Zoning Administrator, SAI�qT�1RFIELD LETTER presented to the City Council a letter he sent 2455 Scotch Pine Lane to Sam l-Tarfield on February 2, 1976, ���ith specific instructions to follow regarding the e�;tent of restoration agreed upon verbally durir.g our out a of court discussion at the courthouse in [�Jayzatao Sam P�larfield letter � This letter will set forth the requiremen',-s �-}��t a the City Council has concerning what must be set -�orth in the plans to be submitted by you to the � City staff by Wednesday, February 4, 1976, for review by the City Engineer and City Co�ncil. If you submit a plan that meets the criteria set forth herein, the City Council revie��� sam� and if they find that your plans meet the in-cents and purposes as set forth herein, the City Council will authorize settlement in the l�c•�suit against you presently, A. Regrading � 1, There shall be at least a 2� grade from the location of the old berm �vhich has been � removed to the marsh located to the east of the property line. 2o There sha1.1 be constructed a berni at the location of the ol.d berm which was rer:;oved at a � point closest to the lake, which berm shall be at least 18" in height and shall be higher if necessary to effectuate the 2� grade. 3. There shall be no excessive cutting or filling on the property except as nec�asa.r� to effectuate the terms of this letter ar.d there s��ll be no additional cutting and filling except for that shown on the plans attached hereto. 4o Prior to any excavation or filling on the property, you shall place hay bales along the lalce near the location of the berm which �aas previously removed and along the r.m�r:�h to Pr�vent sedimentation runoff into the lake and the marsh during the disturbance of the eartho (Continued) , „ ORONO COUNCIL ITEETING HELD� �EBRUARY 9 , 1976 Page 9 These bales shall not be removed until completion SAM MARrIELD L�TTER of the earth excavation and filling and after (Continued) the sodding of the entire �reae 5. All cutting, filling and grading is to be completed within a 48 hour time period and you shall give Hank PZuhich a 24 hour notice prior to the commencement ot construction and you shall notify Hank IZuhich of the completion thereof, 6. Al1 areas distrubed by the filling, excavating or grading shall be sodded within four hours of the completion of said filling, excavation or gradingo 7, Any swale or other formation leading to the marsh must be at least ten feet in widthe 8> The cutting, excavating, filling and grading pursuant to this plan may not be changed a in any way in the future without prior Council approval. � B, Tree Planting � lo You shall plant three groupings of nursery stock birchbark trees, with three trees per grouping, within one..day of the placement of the sod on the propertye Each tree must be at least one inch in diameter and at least ten feet tall, You shall guarantee the health of �these trees or replace them on your property for as long as defendant owns the propertye Two � groups of three trees shall be placed on the location of the old berm that was previously a removed and one group shall be placed in the � middle of the excavated area closer to the housee 2< The approximate location shall be as set forth hereafter, (Set forth those locations s on a small diagram. ) These locations must be also shocan on the plans to be submitted by you � to the City staff and Council. C. Plans to be Submitted la Plans showing present elevation and contours of the topography in front of the house i.o each side lot line and to the lake. 2, A separate plan showing the proposed S final elevations and contours of the same topography, 3, A side cut view of the present grade from basement to the lake with �he necessary elevations noted. 4o A side cut view of the proposed grade from the basement to the lake. (Continued) � � ORONO COUNCI� P�ZEETING HELD FEBRUARY 9 , 1976 Page 10 � 5, A side cut view of the proposed grade SAl�iP4ARFIELD LETTER from the middle of the berm removed to the marsh (Continued) �aith their appropriate elevations, r 6, A side plan noting aYl structural + additions to the property to effectua�e these plans, including such items as steps, sidewalks, � retaining wa11s, etc. � 7, Twenty-tcao copies of all of the above plans should be submitted to the City for � c�istribution to the Council, Planning Commission S and staff, � 8, All plans must be certified to by a registered engineer. • 90 Three copies of the plan to be a signed by Yv1r. and T-1rs. Marfield personally as an offer for settlement, If the City finds a tr�at these plans meet the criteria set forth � lirrein and the intents and purposes related theretoo the City will countersign these plans � �s being acceptable to the City Council and �aill r�turn one set to the defendant, and file one • .�^t with the court. �_� you '�.ave any questions concerning this letter, ieel free to contact the undersigned, � ��a�::c Tlur,ich � End of letter • The I�iulti-Dwelling Ordinance and Park Dedication MULTI-D�•JELLING ORDIN�A�CE � I'ees Ordinance were deferred until more information PARK DEDICATIOrI FEES � is available and a full Council is presento • [aelsh rnoved, Butler seconded, that the Revenue REVENUE & EXPENDITUPE a and Expenditure Report for December 1975, be REPORT accePted, T•Zotion, Ayes (3) - Nays (0) . December 1975 • � ���tler moved, �°�elsh seconded, that the employment EPIPLOYP�ENT � of T�Zrse Patricia Higus as a full-time clerk for Liquor Store the Liquor Store at an hourly rate of $2,90, � eizective February 23, 1976, be approved. TZotion, Fyes (3) - Nays (0) , � � Paurus moved, Welsh seconded, that Karen Pederson°s SALARY INCREASE s��_ary be adjusted from $3,21 per hour to $3045 Liquor Store Fer hour, effective February 23, 1976, be approvedo � I�Ioi�ion, Ayes (3) - 1`Iays (0) , � � � a " � ORONO COUNCIL P�IEETING HELD FESRUARY 9, 1976 Page 11 � Councilmember Norman Paurus informed the City TRANSPORTATION STUDY � Council that the City of Orono is in receipt of a final draft from Hennepin County on �he Transportation System Study that states that: � For the past year a Citizen Advisory Committee � from your area, the County staff and Bather- Ringrose-Wols�eld, , Inc. - Consultant � have kieen � working on the develbpment of a tr�nspor' ation system plan for the year 2000 for Henn� p�h • Countyo This work H�s resulted in a Dra�t �'inal Report, a copy of which is en�losec�. � , The next step in the planning pr�cess is to obtain review and comments or acceptance, if possible, ,� of the Draft Report from the involved municipalities within the County. To facilitate this re�iet,� in a a timely manner, a meeting of the tollowing City Councils and Planning Commissions. will l�e � held on February 26, 1976 at 7e30 P.t�e in the Shirley Hills Elementary School (little theatre) , � 2450 Wilshire I3oulevard, P�Iound, Mi#�nesota (across � from the fire station) o � ���ayzata Long Lake P�Zinnetonka Beach Excelsior Orono Minnetrista Spring Park riou�d Shorewood Tonka Bay Deephaven 69oodland Sta Bonifacius Greenwood Lake t�7innetonka � Conservation District • Following this meeting and revisions to the Draft � Report, the Final Report caill be produced and resubmitted to the municipalities. Each municipality � will then be requested to submit the Final Report � to its appropriate local review and acceptance processo County and BRW staff will be available � to assist in this process as requested, The objective of Hennepin County is to obtain � acceptance of the Draft or Final Report by each municipality. � • If you cannot attend the meeting and/or you prefer to submit written comments or � acceptance of the report, please send them to A. J. Lee, Director of Public Works and County � �ngineer, Hennepin County Department of Puhlic Works, 320 Washington Avenue South, Hopkins, • i�Zinnesota 55343. • � • � � ' � ORONO COUNCIL tZEETING HELD FEBRUARY 9, 1976 Page 12 � Councilmember Norman Paurus announced the meeting ROUTE-RIDERSHIP PROJECT notice for the Community Advisory Committee of �the Western Hennepin Route-Ridership Improvement Project, 7e30 P.M. , Tuesday, February 17, 1976, Glen Lake School, Room D, 14300 Excelsior + Boulevard, RZinnetonka, riinnesota � Proposed Agenda lo Purpose of the study - Bob Pearson � 2, Selection of a Chairperson � 3. Goals and Objectives 4e Selection of preferred day and time of � future meetings 5. Other matters • S Welsh moved, Butler seconded, that the MAPSI COIITRACT • I•ietropolitan Animal Patrol Service, rZAPSI, Contract, subject to staff review, be S approved, PZotion, Ayes (3) - Nays (0) , O Dick Benson, City Administrator stated that LAKE CLEANUP • we are attempting to coordinate our efforts with the Lake P4innetonka Conservation District � and other municipalities in the lake area to � provide trainned personnel to assist the fisher- men who have fish houses on the lake, in � . communicating the need to cleanup the areas where houses have been placed during the � winter monthse i� All fish houses have to be taken off the lake ` by February 28, 1976. � Civil Defense and Reserve Police personnel stationed at various key locations in the area � �aill advise all users of the lake what procedures are required when closing the fish � house seasono • � A-layor Searles announced again public hearings PUBLIC HEARINGS will be held February 19, 1976 at 7030 PaM. February 19, 1976 � concerning the Super Valu subdivision; at 7:45 P.M, for rezoning for Super Valu; and at 8000 PoM. for � the IDS Properties subdivision. • Dick Benson, City Administrator, stated th�t NORTH FERNDALE ROAD � P�iayor Searles and I met with the Plymouth City STUDY � P�Zanager and Planner to discuss the Elwell �Development and its imrnediate and future �mpact upon Orono residents, Immediate concerns are in traffic and what future demands � will be made for developing a safe street to carry increased traffic. Second,urbanizing a • rural area, Third, what future demands will be made for utilities. • (Continued) � ' , .. � ORONO COUNCIL i�IEETING HELD FEBI;UARY �' ; 1976 Page 13 � r�r, Rick Sathre will be available PZonday evening NORTH FERNDALE ROAD � to discuss the Elwell Development, (Continued) • I r�commend we proceed with the $950 Nor�h Ferndale Road study, T_ wil.l arrange a meeting for the � �:-e�lc of February 23, 1976, a� the City CoUncil � Cha.mbers with representative5 from Plymouth and R�r�on-Aschman �lssociates which will provide * for Orono's input into the Ferndale study. � Pat�rus moved, Welsh seconded, to approve the Zlarth Ferndale Road Study in relation to the • d�velopment of the Elwell property, Plymouth, ` �n the amount of $950, 00, P�otion, Ayes (3) - rdays (0) o • * Dick Benson, City Administrator, stated that upon COP�qUNITY BLOCK GF.Z�NT -reviewing all comments and data received at the FUNDS • public hearings concerning commitrnents of Ca:r�munity Block Grant Funds, I submi} the � foilowing recommendations toward fina?izing a � plan to be submitted to HUD during the week of i'�hruary 90 19760 • ��unding available $29,114,00 � lo Right-of-�vay - Trees $5,000. 00 � 2a Larson Park � a> Fence 3,0�0,00 be Play area 1,500e00 � c, Backstop 750s00 � d, Bike Racl� 200,00 eo Engineering & equipment 3,000. 00 � rental • T��T� $8,450. 00 � 3 � Antoine Park a, Play area $1,20�v00 � b, Building Modification 500000 � ^OTAI, $1, 700. 00 � 4, Swimming Beach areas � �e Parking area $ 900.00 h, Dock & Beach improvements 600,00 • TOTTT� $1,500. 00 • �e Hackberry Park • ao Parking area $ 900, 00 f bo Bike Racks 200a00 c, Play area 1,400,00 � '"i'OTAL $2,500�00 {Continued) • � � ' , � ORONO COUNCIL i�ZEETING HELD FEBRUARY 9, 1976 Page 14 � 6o Casco Circle Park COP4MUNITY BLOCK GRANT , ae Play Equipment $ 900. 00 FUNDS (Continued) � � 7o Stubbs Bay Sewer Area $3,064,00 f 8, 67illow Drive � a, Bike/Hike Trail $6,000.00 � TOTAL $29,114.00 � Welsh moved, Butler seconded, that the above plan for use of the Community Block Grant • Funds, be approvede Motion, Ayes (3) - Nays (0) . • . Dick Benson, City Administrator, presented WILLOW DRIVE a letter from ��IcCombs-Knutson Associates which Buffalo Bitu..minous ?: :;- w s�ates that: ' - � Enclosed is a copy of Payment Request Noo 1 in the amount of $42, 766 for Buffalo Bituminous, • Inc. for work done to date on [�Tillow Drive, • which we have previously submitted. � As we have discussed, the surface of the street is unacceptable at the present time and will � require some additional work in the spring, Daryl Hicks, President of Buffalo Bituminous, • has recently sent you a letter stating that they . would repair the surface either by skin patching ��.nd/or seal coating in the springo I would � therefore recommend that the City pay Buffalo Bituminous the amount due on Payment Request No, l, � Tnle are withholding 10°� of the cost of the total � work completed on Payment Request Noo 1 or $4,752.94 and since the time the request was submitted, • Buffalo Bituminous has done an additional $2,500 • of work, we are therefore in effect, withholding approximately $7,200, which would be sufficient � to guarantee satisfactory completion of the job in the spring by the City if necessary, � Addendum • On this date February 5, 1976, 2 hereby authorize • the City of Orono to withhold an additional $5,000 from the first payment to Buffalo � Bituminouse This is in addition to the $7,200 as outlined in my letter to Dick Benson, � �anuary 29, 1976. � Lyle Swanson � Butler moved, Welsh seconded, that the Payment � Request Noe 1 for Buffalo Bituminous, Inco , as per the above statement, be paid. ri�otion � Ayes (3) - Nays (0) . • � � ORONO COUNCIL i�tEETING HELD FEBRUARY 9, 1976 Page 15 � Dick Benson, City Administrator, stated that the ORONO-T�INNETONKA BEACH � Orono-P�innetonka Beach sewer line acquisition by SEWER LINE ACQUISITION the T7etropolitan Waste Control Commission has � � progressed to a point where easements are being cleared, contracts are being retyped for clarity � and expenditures are being reviewed, It appears � that the acquisition will be finalized by March 4, 1976 at an approximate cost to the Metropolitan � Waste Control Commissicn of $250,000, � This has been an extreme workload considering researching Orono°s delicate records to 1962e • � Paurus moved, Welsh seconded, that Resolution RESOLUTION #662 #662 , A Resolution Setting Forth The Current Herrick Circle � S�atus Of The Herrick Circle Proposal, be � adoptedo Alotion, Ayes (3) - Nays (0) . � WHEREAS, in order to assist the property owner, T�2r, Nafstad, in his proposal to develop Herrick r Circle in a manner as previously reviewed by the � City Council, � NOW THEREFORE, the City Council of the City of Orono set forth the following statements: • �la The P�Ietropolitan Waste Control Commission has approved Iierrick Circle's proposed sewer line< � 2, The City of Wayzata.. has agreed to accept the � effluent flowing from the Herrick Circle property, � 3, The sanitary sewer line which is to be constructed on the Herrick Circle property may � be used as a temporary holding tank for the effluent from one home, pursuant to plans • acceptable to the City �ngineer. This temporary ' holding tank may be used in the future as part of the complete sanitary sewer system line if � said sewer line is approved by the City of Orono> � 4, The sewer line that is to be installed on public property and the sewer line to be installed • on Iierrick Circle property shall be installed pursuant to City specifications and shall be � compatible with existing installations so that � it can be maintained with the rest of the sewer system of the City of Orono, � 5e No permission is granted P-qX. Nafstad to hook � up to the sanitary sewer line to be built on ��P ublic property and such permission shall be ��withheld until and only if the City Council . approves the rezoning and platting of the property in the future. � (Continued) � � � OROP10 COUNCIL PIEETING HELD FEBRUARY 9, 1976 Page 16 � 6o Any utility construction, restoration RESOLUTION #662 � procedures and alignment, shall be revieu�ed Herrick Circle and passed upon hy the City Council prior to (Continued) � construction. • 7, In no event shall there be any construction • of the s�wer line in the public right of way until spring, 1976. � 8o TZr. Nafstad shall obtain and grant to the � City easements for public sanitary sewer and maintenance thereof over any property in � Herrick Circle or over any other private property through which the sewer line may be • constructed, � 9e Any construction of any sort on the Herrick � Circle property or on any other ProFert�, public or private, shall be in accordance with the � City' s plans, specifications and ordinancese r l0o Owner shall undertake any construction • required by the City at his sole expense and shall reimburse the City for any damages suffered � by anyone concerning said construction. � 11. Owner shall reimburse the City for all xpenses incurred by City staff and City consultants, � _ncluding but not limited to the City Engineer and City Attorney, incurred by the City during the • review and supervision of the proposed projecto � 12o If the sewer line is completed, Orono will � charge the owners of the Herrick Circle property, wtzatever amount is charged the City of Orono by � the City of �aayzata for the effluent collected frora Herrick Circle propertye � 13, After the sewer line is installed and the • property is restored to the satisfaction of the � City of Orono, the City has the option to take over the sewer line at no expense to the City � and if the City of Orono does take over the line, the City of Orono shall maintain that line for � the benefit of the I-Ierrick Circle property, The City of Orono will charge the owners of the • Iierrick Circle property an amount for maintenance . of that line, equal to the amount �vhich the City of Orono charges other propety owners similarly ! situated, � 14a The sanitary sewer line to be constructed on -�ublic property may not be used by the owners of � he Herrick Circle property nor may the owners of the IIerrick Circle property build any additional • liomes on the property until the following items + are completed. (Continued) • ♦ � OROT10 COUNCIL r2EETITJG HELD FEBRUARY � , 1976 Page 17 � a. The City of Orono agrees to and does amend RESOLUTION #662 � a co:�.�rehensive plan to provide for the necessary Herrick Circle zoning to allow the proposed development on the (Continued) + pronertyo • bo �i'he Homeowners ° Association Agreement is � revie�aed and accepted by the City of Orono, � c. The final plat is reviewed and accepted by th� Citye • de The Herrick Circle property is rezoned to a • district which allows the proposed project. � This resolution was adopted on the 9th day of � Febru�ry, 1976, by a vote of 3 ayes and 0 nayso s I1ro Bruce P�Ialkerson, City Attorney, discussed CASCO CIRCLE PARK DEED � the stztus of the Casco Circle Park Property Deed and informed the City Council that a letter � will b� su?�mitted to the City when the transaction � is completed, � P7r, Br�!c� t�Ialkerson, City Attorney, rePorted to DETACHi=iENT & ANNEXATION � the Council that the City will reply to the Cheyenne Land Company ilunicipal Commission concerning the Cheyenne Land Comgany Development and the current status of availai�il.ity of sewer service in that immediate � areao (?�e*�ter attahced) � � i-Ir, P.ic.: Sathre, City Engineer, informed the City ORONO-LONG LAKE Counc}1 that Long Lake has indicated that they INTERCEPTOR � ��aould li?ce to meet with Orono° s Interceptor Cornrni ttee in the near future o rZr e Sathre �aas � :n�t_�ucted to arrange a meeting with all � representatives during the week of February 9 , 1976, � r-1r, Rick Sathre, City Engineer, informed the City P�ZOODtEY LAKE REPORT � Council that we are in receipt of a report from Barr Engineering Company concerning '_"'he Effects � of Development for T2ooney Lakeo � Dic1c Benson, City Administrator, stated that staff � �ail]_ continue to monitor and report to the Council a�y it.r��her developments related to the t�Tooney • L'c�.�;t' d.':'n3� � � Pir o Rielc Sathre, City Engineer, repoy tec� that o ABANDONP-IENT #51 Hendrickson Bridge Area • A.s yot� kn��a, the City is in receipt of a letter from T�ira Stan Bennyhoff of Hennepin County Public � �dor}cs concer�ing �he proposed abandonment of a poz'L-i�:� of County right-of-�aay on the south side (Continued} • � � ' �. ORONO COUNCIL MEETING HELD FEBRUARY ; , 1976 Page 18 � of County St�te Aid Highway #51. The County is ABANDONMENT #51 � requesting that the City accept ownership of a (Continued) portion of the County right-of-way on the east • and west sides of the channel connecting North � Arm to Crystal Bay. The area in question is presently used as a private drive to residences � on the south side of County Road #51. The County would like to divest itself of the responsibility � of owning and maintaining this area presently used as private service drives and turn the � ownership back to the City of Orono for disposition. � , Due to the nature of the use of this area, I would recommend that the City Council adopt a � resolution stating their willingness to accept the proposed right-of-way to be abandoned and further, � setting forth their intent to vacate this area to the adjoining property owners. I would also � like to recommend that the City staff and � attorney become involve3 in the coordination and/or drafting of the necessary ingress and � egress easements for the properties in question. Folla�:�ng the receipt of the City Council � resolu�ion, the County will proceed with the abandonment of the property in question, • � End of letter ! The City Council instructed staff and the legal department to develop further information for � Council review and consideration. � iir, Rick Sathre, City Engineer, informed the IC�LLY AVENUE WATERSHED • City Council that there is a need to develop a STUDY watershed study of the total watershed bounded � by County Roads #15 & #19, I:elly Avenue, and � Pheas�nt Road. DZr. Sathre was requested to consult with PIr. Brad Van Nest who had developed � previous information regarding the Kelly Avenue drainagee � � . [aelsh moved, Paurus seconded, that the following CIGARETTE LICENSES � Cigarette Licenses, be approved: T�Zotion, Ayes (3) - I�1ays (0) . • Iiidwest Vending for Equal Gas Station - TZel Olson � Tfiide�est Vending for I�lartin' s Texaco Station - Navarre FZidwest Vending for Navarre Bowling Lanes • City of Orono for Orono Golf Course � John J, Sass for Smith's Bay Texaco � � • � � � OROI�IO COU�ICIL P�iEETING HELD FEBRUARY 9, 1976 Page 19 � ��Telsh moved, Butler seconded, that the All Fund BILLS � Accounts 2007 through 2051, 2052 through 2100, ' 19219 through 19228 and Liquor Store Accounts • 11131 tnrough 11161, be paid. PZotion, Ayes (3) - Nays {0) . ! � '� •'.'�': _::cved, Paurus seconded, that the meeting ADJOURNP�ENT � be adjourned at 9:10 P.Pd. Motion, Ayes (3) - Nays (0) . � � � • ,/ ;�/�� � � 1�/��1 .� .- /i. � � Robert L. Searles, P�iayor r • � � � � Attests� :. + Wa ter . enson, Clerk-A inistrator � • • � • � • • • • • • • • � • • • • •