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HomeMy WebLinkAbout03-08-1976 Council Minutes � . � CITY OF OROP10 � i�e�rular I�Ieeting of the Orono Council, 7 a 30 P.!�ie �arch 8, 1976 � The Orono Council met on the above date � cait�i the followinc� members presenta Tiayor Searles, Ccuncilrner:iY�ers Butler, Iiassengale, � and Paurus o Councilnember [�lelsh absef�t. Also presents City Administrator B�nson, S �uilding & Zoning Administrator Tluhicho and City Attorney IZalkersona • � Butler moved, Searles seconded, that tne I�IIIIUT�S � iiinutes of the Regular TReeting of F'ebruar� 23, 1976 , be approved, subject to amending the � Fublic Hearing T�Tinutes of February 19 , 1976 �o re�do I.DeS. Public Hearing and page 5, • parag�aph 1 changed to LR-1C (1/2 acre) . . iiotion, Ayes (4) - Idays (0) i � Park Corunission Chairman P�Zr� Walt Lathrop ST•IITIP•ZING AREA � comr�zentecl that the Park Commission c,tas Stubbs Bay iiarina interested in establishing a sWimming a�ea � at the 5tubbs Bay r�Tdrin�o That are� does not have swir.iming facilities. The City • ^.ouncil instructed the Park Commission to a _�roceed with the feasibility of that type of recreation in that areaa • � i3utler nloved, Paurus seconded, that the request CONDITIOITAL USE & VARIAi�CE for Ro Ross, 19C0 Lakeview Terrace, for a 1960 Lakeview Terrace � conditional use permit and variance, be referred to the Planning Commission. I�iotion, • Ayes (4) - IZays (0) e • � �3utl.er moved� Paurus seconded, that the P4C DOTJALD'S DRIVE-ITI request of John L�mbin for a rTcDonald's 33�40 Shoreline Drive � Urive-In at 3340 Shoreline Drive, �e referrecl to the Planninc� Commission.. � �io�ion, Ayes (4) - IJays (0) , � • Searles moved, Butler seconded, that ORDINI�NCE i�d0. 134 Ordinance T1o. 184, An Ordinance To Amend Park Declication Fees � The ilunicipal Coc;e Of Orono }3y Admending Chapter 39 Relating To The Subdivision And Replat Of Land And Changing The Requirements For Deaications For Park, � Flayground And Recreational Purposes In he City Of Orono, be adopted as ar.lended. f :�otion, Ayes (n) - Pdays (0) . • s � - � 0�?Oi70 COUNCIL I��EFTING HELD T�IARCIi 8, 1976 Page 2 � 5earles moved, IIutler g�c¢nded, to adopt RESOLUTION �;664 Resolution #�664 , A Resolution Approving Hartwood Subdivision �The Hartwood Subdivisio� by Lewis Scott � for 2060 Shoreline Drive, effective upon pul�lication T�larch 18, 1976. Tiotion, � Ayes (4) - Dlays (0) . � • Henry iiuhich, Building & Zoning Administrator, SUT3DIVISIOiJ & STREET stated that I1r. nuentin Johnson, 3535 Ivy VACATIOPI � Place, owns Lots 72, 75,76 and part of Lot 77. 3535 Ivy Place ilra Doubledee recently purchased Lots 73 & 74 � ancl aPplied for buildinc� permits on the t�ao substandard lots. I explained the situ�tion + to tlie applicant so he has made an agreement U�i�h ilr. Johnson to purchase part of Lot '15 i and include this in a newly proposed plat along with the alley which they are also � ��c�uesting be vacated, � Parcel 1 would be 94' wide and consist of 0. 40 � acres and Parcel 2 would exceed 100 ft. v�idth and consist ot Oo4�, acre�e This area is • zoned LR-1C (1/2 aCre - 100 ft. lot wiclth) , � A��proval of this subdivision would include �che following variances: � :.'arcel 1 - Ool acre area and 6 f�a lot width � Parcel 2 - Oo01 ac�e area only � �pg�roval of the vacation of the a1].ey wbuld also be neces�arye The Planning Comrais�ion � should schedule a public hearing rega�ding . �h?s subdivision and vacation propo5al. � Planning Commission Tleeting - Jai�uary 19, 1976 The Conunission scheduled a public hearing f_or 7030 P.I�Ie on Tuesday, February 17, 197G. � The Planning Comr.rnission agreed the proposed � alley vacati.on would be no benefit to the c�eneral public but would definitely increase � �he values of the subject properties, They � requested the Zoning Administrator to consult with the assessor to determine the benefit � that would result from this vacationa � P�anning Commission �leeting - February 17, 1976 Because of the extent of objection at the puhlic � hearing, the Planning Corunission continued the ��ublic hearing until the meeting of PZarch l, 1976 far time for additional review of the proposalo (Continued) � � . OI?ONO COUNCIL IIEETI�IG HELD PIARCH 8, 1976 Pag� 3 � Planning Comr,iission T-leeting - PZarch 1, 1976 SUBDIVI5ION & STZE�T VACA^1 IOrJ �'�fter the Conunission made a review of the 3535 Ivy Place proceedings of the public hearing held at (Continued) their last meeting, Van Nest expressed his � feelings that the area of th� two lots would suggest one build�rig 5�.te ratYier than � tu�ro building sites and felt the Cit�' s Policy, when two adjoining substand�rd lots � are held in single separate own�rship, was � to consider the trac� as a single sitee Iiake expressed his concern about v�cating an alley � that apparentl� served no ptzbliC purpose. tloolley, however, felt that changing five � substandard lots into three would be beneficiala The Commission directed their concern to thP a rernaining �roperty owried �y TIr. Jdhn�o� • because presently two living units are situated there arid as a p�rt of �he � consider�tion of �he presdnt application, they felt it the�r duty to be sure that all � Iines would �e irf suitable canformitye The Cornmission felt �h�t undez present conditic�ns � tney would recommend denial o£ the applica�ion because the plan submitted was not broad � enough in scope and that it should include consideration of Lots 161, 162 , 163y 172 , 173, 17�, 175, 1.76, and 177 and include a line to divide the rental unit from the Johnson house in a replat. It 4aas noted � that Lots 161 and 162 could someday be solcl as a building site and could leac� to � forcing the City to open P�aple Lane. The • Planning Comraission tabled the application until an alternative proposa3. could be ' �resented, � �utler moved, Searles seconded, to adopt RESOLUTIOII #665 � P.esolution #665, A Resolution Approving REGISTERED LAND SURVEY The Registered Land Survey � for Dale �041 North Shore Drive i�icCurdy, 4041 North Shore Drive, effective a upon publication ilarch 18, 1976. Psotion, Ayes (4) - Nays (0) . � IIenry Iluhich, I3uilding & Zoning Administrator, COIQDITIONAL USE PERIIITS stated that T�Ir. Burak is requesting renewal 34�45 Bayside Roac� � of the conditional use permit to serve soup . and sandwiches at the Stubbs Bay r?arina restaurant. A similar conditional use was granted in 1975 with conditions as stiuplated in Resolution #575, a copy of which is enclosed in this packet, TZre Burak is considering selling his leass at present but � would like the conditional use permit to remain with the t�usiness, (Continued) i ORONO COUNCIL P�EETING HELD i�ARCH 8, 1976 Page 4 t Several potential buyers have approached me CONDITIONAL USE PERi4�ITS as to the status of the operation and I have 34�45 I3ayside Road � shown them the resolution and explained to (Continued) therl briefly the conditions and restrictions set forth in the resolutiono � I ��ill also review this matter with the � Police Departrnent and will include any a renorts that might be forthcomirig. [dork Session - Planning Cor.lmission - February 2 , 1976 � The Commission in5tructed staf£ to check any violation of the latest resolu�ion and � clirected the staff to inform any interested �a�`ties of the status of opera�.ion and conditions of the condi�ional us� permito � ihis is scheduled for Planning Commission actian and recommendation on February 17, 1976. � �oninc� Administrator - February 11, 1976 Since back in December, 1975, �ye hav� had � ��veral parties interested in purchasing , I�Iro Burak' s lease of �he soup �nd sandw�ich operation. Only IIr. Briant, however� applied f_or a license. t�Then he came to my office, I naturally showed him the re5olt�tion agree- ment adopted }�y Council, This apparen�ly resulted in sor.me disagr�ement as he later � sent me a let�er rec�uesting v�itY�drawal of ! the license applicatio�i anc� refund of the application feee I I am enclosing �opies of the fo�lowing letters � ar_d data I have received regarding �his operation, � l. Letter from P��, Briant u�ith attachei� letter from his attorney, i��ir, Ince, to iir> Burak - � December 4, 1975. 2a Letter from Iir< Briant - January 6, 1976 3o Letter from Pir. TTcCleary - Decer.mber 15, 1975 , 4o Copies of newspaper ads with sale listings - from iiro Briant - February, 1976 Planning Commission Iieeting - February 17, 1976 � The Planninc� Commission tabled the application until the Planning Commission meeting of TTarch 1, 1976, instructing the Zoning Adrninistrator to request presence of i�Tr. Jim P�ZcCleary, PZro Bruno Burak and Orono Police Chief iTel �:ilbo for reviecr of extending conditional use �ermito Also reconmended Council extend expiration date of current conditional use pexmit for one month to Tiarch 25 , 1976. (Continued) � � OROcdO COUNCIL tIEETING HELD ISARCH II, 1976 Page 5 � Planning Commission P�Ieeting - Iiarch 1, 1976 COTJDITIONAL USE P�RPiI^S 3Q45 Bayside Road �o� Bothe- appeared to represent Jim PlcCleary (Continued) concerning the conditional use �ermit rene�aal of the Stubbs Bay liarina Cafe, The Commission � noted the absence of Bruno Burak, the 1975 petitioner, but concluded that the permit � went with the �roperty and not the petitioner, • Because the Commission had heard ruriors �on- ce�ning the management of the cafe, Poli�e � Chief T�7el I:ilbo had been asked to appear and report concerning any problems at the site. lhe Chief stated that eleven complaints c��ere n►ade to the police last year and were in the nature of sale of 302 beer to minors. Two of the complaints were heard in court and charges would be dismissed after the � lapse of proscribed time set by the courtso Chief I:ilbo felt this was an excessive S amoun� of complaints for this establishment and called attention to Resolution ��617, � issued in conjunction with their 1975 liquor license, in which the otaner stated � he would construct a partition to divide • the liquor serving area from the recreational area of the building or to quit allowing minors in the establishment, He noted that his had not been done. Chief I:ilbo stated that the Police Department had no concern or complaint concerning the soup and sandwich f ��art of the operation, It was suggested , that perhaps the liquor license and condi�ional use permit should run concurrently so that � all matters could be considered as a v�holeo :'ir, 3othe agreed that the two should be � considered together and expressed I-1r. P1cCleary° s difficulties of controll,ing what is happening at the ca�e �,�hen under a lease agreement to i�1ra �urak. The Commission � reconimended to the Council that they extend the nresent conditional use permit of the � Stubbs Bay Tlarina Cafe until the expiration a oi the liquor license on June 30, 1976, and thzt renec��al of the liquor license and permit to serve soup and sandwiches be considered togethere O • i•�.as�engale movecl, Butler seconded, to extend the conditional use permit to the Stubbs IIay i�Iarina Cafe until the expiration of the l�quor license on June 30, 1976, as per the Planning Commission recommendations. iiotion, yes (4) - Tdays (0) . � OROr10 COUTICIL n7EETING HELD P�IARCH 8, 1976 Page 6 � 7ienry i�iuhich, Building & Zoning Administrator, SUBDIVISIODt �tated that Fred Lucas, 2055 Sixth Avenue 2055 Sixth Avenue Nor�th lorth, is requesting ap�roval of the preliminary su��division proposal of the 4.4 acre parcel (600) located on the southwest Ruadrant S af the intersection of County Road �'t6 and �3rou�n Road. This area is zoned RR-1B - (2 acre minimur.l area) e Both proposed parcels (A & B) would exceed the minimum requirements of 87,120 sq. f�o area and 200 ft. minimum lot width. (Parcel A - 129,000 sq. fto plus and 247 ft. wideo Parcel B - 126,000 sq. ft. plus and 270 ft, wide) The Planning Cor.unission has scheduled a public hearing on the proposal for 7a30 P.PT. , iionday, r�larch 1, 1976. S Planning Commission PaTeeting - P•larch 1, 1976 � Tlie Commission recommended approval of the preliminary subdivision application of £'red � Lucas, as submitted, and subject to the Par}: Dedication Fee. �earles rnoved, Paurus seconded, to approve the preliminary subdivision for I'red Lucas, 2055 Sixl-.h Avenue rlorth, as per the Planning Corrunission r.linutes of zlarch 1, 1976. flotion, Ay�s (4) - Nays (0) . �ienry I•Tuhich, Building & Zoning Administrator, STREET VACATION � stated that Mr, & P-Zrs, Esco, 300 Crestvie�� Hill Street Avenue, are submitting a request to vacate a �ortion of Hill Street as his existing well, side entry enclosure and garage are located on the right-of-waya A similar proposal tvas denied by the Planning i Commission and Council on February 12 , 1973. 6de informed the applicant's counsel of this but he requested we proceed with the proposal as submitted, The existing garage is in need of repair and probably could be removed or moved, The entry enclosure could be removed and the well could be moved. I would recomrnend against this vacation as it �aoul� result in landlocking the property to the easto A public hearing should be scheduled. (Continuecl? � . ' OROPIO COUNCIL DTEETING T3ELD IIARCH 8, 1976 Page 7 � Planning Cor,►mission Pieeting - Tlarch 1, 1976 STI�EFT VACATIOPZ Hill Street �Y-�e Planning Commission scheduled a public (Continued) hearing to be held on r�7onday, A�ril 5, 1976 at 7e30 P,F�T, t �3utler raoved, Paurus seconded, to approve CO�dDITI0�IAL USE PEP.i�ITS � renewal of two conditional use per:�its to Big Island operate a picnic and scaimning area on the S�one and Kilbaine properties on Big Island, for the i�Jayzata Yacht Club. 1'��otion, Ayes (4) - cJays (0) , a Henry ITuhich, Building & Zoning Administrator, SUBDIVISION stated that the total parcel of Kenneth Oien, 29f30 Casco Point Road 2980 Casco Point Road, consists of 51,000 sq. � fto and is located in a LR-1C residential S zone with lot requirements of 1/2 acre (21,780 sqo fte ) and 100 fte lot ��idth. � i�iro Oien is requesting subdividing this ` property into two lots, both exCeeding the . 1/2 a�re area and 100 f�, width at the location of the house< -f this is approved, another sewer charge will nave to be assessed on the extra building site, Planning Commission A2eeting - Tlarch 1, 1976 The Commission scheduled a public hea�ing to � be held on April 5 , 1976 at 8:15 P.1�1. � Henry l�iuhich, Building & Zoning Administrator, VARIANCE � stated that the property of David Kruskopf, 1200 i.]ildhurst Trail 1200 [��ildhurst Trail, is located in a LR-1B ` residential zone. r�re Kruskopf is requesting a variance from lot area and width requirements of one acre (43,560 sq, ft, ) and 140 fte lot • width, His lot consists of 0, 7 of an acre and is 90 fto �aide, thereforeo he is requesting variances of 13,068 sq, ft. and 50 ft. The proposed location does meet all setback requirementsa F3owever, we do have a problem in the existing location of the residence on the property to the south, 4�1e have here a non-conforming situation which we should rectify. At the time that the neighboring �esidence v�as constructed, surveys were not �equired with building permit apPlicationso This house is now encroaching the property _ �ine ta such a degree that it does not even meet the minimum State requirements. (Continued) � � 0�20i30 COUNCIL i1EETIIIG HELD ?'1ARCH 3, 1�76 Page � � tiVe riight suggest as an agreemen� between the VARIANCE � property owners, to change the Yo� lines 1200 t�lildhurst Trail somewhat so we can resolve some of the (Continued) roblems. i]e could also consider slic;ht • ariances on the side setback to the north, T-1e should try to meet the 20 ft, distances � between structures anc� also prevent f_uture � problems from any fences that might be erectec� under another property owners windows, f Planning Cornmission Tleeting - i�iarch l, 1976 • �lthou�h not scheduled as part of the regular � meeting, the Commission reviewed the above � application. They then directed that I contact Tiro Kruskopf and state that the � Planning Commission would look favorahly to a variance if he, by private negotiations try • �.o realic�n the lot line with his neighbor i.n order to alleviate the one foot setback � probleme • � F�enry I-luhich, Building & Zoning Administrator, SUIIDIVISION stated that the Thomas Giere property, 350 North 350 North Arm Lane � Arm Lane, is located in a LR-lA residential �.one with minimum lot requirements of two acres �cl 200 fto lot �aidtho � �i'l�is total parcel consists of 9.6 acres and is � 352 feet wide at the roada � �ij�, Giere is requesting approval to subdivide ��::liis parcel into two lots of approximately 176 � �to G�ideo Both parcels, however, would meet the r:zinir�lum area, Parcel A consists of 5 e 4 acres • ���ith 0. 4 acre of c��etlands and the area of e Parcel B is �. 1 acres, A public hearing should be scheduled. � Planning Comr.lission Meeting - PZarch l, 1976 � The Comriission scheduled a public hearing for � April 5 , 1976 at �e00 P,i1. � IIenry i�Iuhich, Building & Zoning Administrator, R�ZONIDTG � stated that Daniel Lindsay/IDS Properties, 2505 Kelly Avenue 2505 Kelly Avenue, is requesting rezoning of C `:ize north 20 fte strip of land lying in the new south parcel of the old IDS property which � ���as recently subdivided into three lotso r �`'he north property line of the south parcel is �cated 20 fto beyond the south line of our currently zoned comriercial area, therefore, we � are faced with a situation of a 20 ft. strip comn�ercially zoned area located in a parcel which � ����ill be used ancl is zoned residentialo (Continued) • � . � ORONO COUNCIL MEETIl`iG HELD P9ARCH 8, 19 76 Page 9 � The rezoning of this strip will also increase REZOr1ING �he residentially zoned area of the parcel and 2505 Kelly Avenue herefore, increase crec�its for buildingo t^�e (Continued) • should try to maintain one zone in individual parcels when they are put to a specific land use. s ! This 20 ft. strip is currently zoned B-3 and the applica_:t..: is rcquesting rezoning to LR-1B, ,� the same as the major portion of this new parcel, ! A public hearing should be scheduled. S Planning Commission Meeting - P7arch l, 1976 The Commission scheduled a public hearing for r April 5, 1976 at 7: 45 PePi, � � Henry T�4uhich, Building & Zoning Adm�.nistrator, P-ITC BUS STOP stated that the Commission considered the ;� problem of a suitable new location for the r7TC bus stop in the Navarre area instead of the • site where the new Super Valu Store is to be � constructed. After consideration, the Commission agreed that the P�iunicipal Parking Lot would be � the best choice where, possibly, a nice bus stop shelter eould be built for the convenience �f those waiting for bus service. It would mean hat the bus would have to reroute slightly • but if the City would continue to maintain the area by plowing it, the T�7TC may find it a i beneficial feature and approve the proposal. • � Searles moved, Butler seconded, to extend the CONDITONAL USE PERi`�IT conditional use permit for Niro & I�•Irs. Bert 34�3 Crystal Place � Rosewald for Buckley°s uphostery shop at 3443 Crystal Place. T�iotion, Ayes (4) - Nays (0) , � A T�1r. A, Je Nickolas, Ice Rink Consultant, appeared A.J. NICI:OLAS � before the City Council to discuss the proposed Ice Rink Consultant feasibility study for an ice arena. Dick Benson, � City Administrator, advised the Council that the Orono and T�ound School Districts and the Orono � and P�lound Hockey Boosters have indicated their support, $500 each toward financing the study • and tnat i�ir. Nickolas would be available in 2-3 weeks to undertake the study authorized by the � �ity and that it would be completed within four � weeks from that date. The scope of the study shall include: b=ective of Project - provide one (or more) covered ice sheets in the west and southc•�est Lake Ilinnetonka area in such a way that capital , � financing and operating costs can be handled . at little or no additional cost to the general �taxpayer. (Continued) � ♦ � ORONO COUTICIL P�EETING HELD MARCH 8, 1976 Page 10 � Report should include: A, J. NICKOLA5 IcE Rink Consultant �o �stimate of marke� for �.rit�oc�� ice time �aith (Continued) � related fee scheduleso 2. Analysis of key factors relating to major � location alternati'ves includingo a) One sheet at a ceritral Orono Village • location between t e two schoolse � b) One ice sheet on Piound or Orono school propertyo � c) �1'wo ice sheets,one at each school locatione 3. Recommendation on location. S 4, Analysis of design and engineering features, operating characteristics and pro forma � operating statements for a: a) Plinimum capital and operating cost � covered ice sheet to operate 8 months • per year as ice arena. b) Larger arena ($600-�300P2) to operate 12 � months per year as ice arena. � These analyses should include construction and operating cost estimates, pro forma profit/loss • statements (including debt coverage) , design, . engineering and operating characteristics, suggested skating programs, staffing and management suggestions for both of the above �lternatives. � 5o Recommendation on arena size based on #4 above. 6o Recorimendation on how to obtain capital funds � for the projecte 7, Recommendation on how to solicit favorable � community support for the project. � 8. Identify problems and pitfalls and how to avoide � T-layor Searles stated that the City Council would a want a comparison of supportive population in square miles encompassing the projected ice � arena with other arenas in the municipalities throughout the State. • � Paurus moved, Butler seconded, to instruct the staff to draft and expedite a contract with � I�1r. A. Jo Nickolas to provide an ice arena feasibility study. Total costs not to exceed � �3,000. I•lotion, Ayes (4) - Nays (0) . • • Butler moved, P�assengale seconded, to accept BID A[rJARD �Yie low bid from Skeets Held, Inc. in the SYeets Held, Ince ` arnount of $27,41.7 for the 1976 street program. 1976 Street Prograr.� �otion, Ayes (4) - Nays (0) s � Butler moved, ��iassengale seconded, to accept 1975 FINANCIAL STATEPi�itiT the 1975 Financial Statement and ordered it � posted in four strategic places in the City. i��otion, Ayes (4) - Nays (0) o • � � OR�IJO COUNC IL T IEETING HELD A'1ARCH 8, l9 7 6 P age 11 ! Dutler moved, Tiassengale seconded, to adopt RESOLUTION #666 ' R.Qsolution� #666, A Resolution Authorizing Block Grant Fund Suhmission Of The City� Of Orono Grant Application Application � To Hennepin County For Inclusion In The Urban :Innnepin County Community Development Block + Grant APplication, In Accord t�7ith The Housing �+nd Community Development Act Of 1974, tlotion, • Ayes (4) - Nays (0) . � S �3utler moved, f�Tassengale seconded, to authorize LEASE - RADIO E�UIP�I�NT 1�Iayor Searles and City Administrator Benson to ;� sign a one year lease with Hennepin County for radio equipment. I��Zotion, Ayes (4) - Nay5 (0) e � � i'ayor SParles announced that he, the City NORTH FERNDALE ROAD , �,dministrator, and Zoning Administrator met Elwell Property with Plymouth°s Planner and P�r. Sheldon Jo � JoY�inson of Barton-Aschman, Associates, Inc, to discuss the proposed development on the �lwell � p;operty in Plymautho Orono's concerns: Publ.ic safety, I�iooney Lake densities, land �ise policies , • r�unicipal service, boundaries and u�`ban and rural bov.ndaries were discussed. Preliminary � fa.ctors such aso ! l. Ei�isting function of the road is as a � collector for the properties east and west of the road itself. It al�c� serves as a � mir.or art�rial for traffic from northeastern 0�-ono, ��estern Plymouth and southern I�edina, � connecting these areas with the Commercial » area of Ulayzataa It would be useful for thP consultant to determine the percentage ` of existing traffic that fa11s into each o.f �he above categories, 1 2, The Comprehensive Plans and zoning ordinances • of Orono and Plymouth call for two different densities of land usee Orono - minimum lot � size, 2 acres (essentially a rural residential ` land use) e Plymouth - minimum lot size, 13,000 sq. fto (with urban services such as � sewer and water to be provided) , � 3e The Capital Improvement Plans of both municipalities do not call for any improve- • mznt to Plorth Ferndale Road. The existing • �nd �Ianned density of land use caest of the roa�? in O�ono is such that it is unlikely that � public func�s could reasonably be dedicated to � increasing the carrying capacity of Dlorth Ferndale Road in the futureo This may not be the case in Plymouth where the land use � east af the road may indicate such an invest- ment in the future. The consultant' s analysis (Continued) • s � - � OROIJO COUPICIL PiEETIrIG HELD MARCH � , Paye 12 • f and recommendations will have to deal with NORTH FERI�IDALE ROAD this difficult public policy fact, i,e. , Elwell Property � that the road is a border between urban (Continued) and rural uses. � 4o The principal public safety problem involves very short sight distance for traffic at the • hill �aest of the Elwell farm buildingso This . has sEveral effects: � a) The accident potential within several hundred yards of the crest of this hill � . . is high, particularly between vehicles entering from driveways and through � traffic. b) This potential is especially high during � poor road sur�ace conditions. Under i�e • ancl snow situations traffic headed n4�th accelerates in order to be sure to car�y � the crest of the hil1, This acce]:e�`�tiOn occurs at or slightly north of Ch��y � Chase Drive, Cars that do not acC�ler�te under these conditions find themselves ♦ losing traction before reaching the top of the hille Traffic is customari�y '� blocked several times a year by this � situationo A Traffic headed south does not have the p.roblem of the north bound cars, but ♦ does have the more serious one o� finding themselves out of control under ice and , snow conditions as they pass the c�est • of the hill< Depending on the severity of the ice or snow conditions, this bu�- � of-�ontrol traf�ic situation continues at times until the cars in�tolved reach � Chevy Chase Drive, • Consultant will have to baSe his analysis and recommendations on tlie fact that this � existing accident prone condition does nat + appear to have any foreseeable solution through any major road improvement program, � (See Paro 2 & 3 above) o �, It would appear extremely imprudent from a � public safety point of view to allow any traffic ingress or egress on the portion of � the road near the crest of the hill, • especially between the crest of the hill and Chevy Chase Drive, ���hen such ingress i and egress involves the large number of � trips per day generated by a 180 dv�elling unit subdivisione The consultant should be sure to include in his re�ort an evaluation * of �he validity of this judgment. If this � (Continued) • * � OROPdO COUPJCIL i�IEETING HELD PZARCH 8, 1976 Page 13 � public safety factor is not deemed to be as NORTH FERNDALE ROAD � critical as cited, then the consultant' s Elwell Property report should give the facts and figures (Continued) � supporting that opinion. � It is felt that this public safety factor is of such importance that it must be highlighted � in the instructions to the traffic consultant . ancl be thoroughly dealt with by` the consul.tant's report to Orono and Plymouth, � Butler moved, Sear3.es seconded� to enter into � a contract �,rith Barton-P.schman Associates, Inc. to initiate traffic analysis on North Ferndale • Road o 2lation, Ayes (4) - Nays (0) m � i Tlayor Searles announced �hat th� Robb and French APPItAISAL REPORT Lake appraisals will be deferred until Tuesday, Robb - French Lake S T�7arch 9, 19i6 at 5;a 00 P.P�I, at cvhich time the Council caill hold an e�ecutive session to consider � this and other Council ma�terst cbn�erning litigati�n strategies, 73-1 appellants, '73-1 S construction, Navarre rezoning. ! �utler moved, Searles seconded, to adapt R�SOLUT�ON #667 �esblu�ion #667, A Resolution Approving The 1540 5ixth Avenu2 North � egistered Land �urvey # , for A1 C�IYiitman, 1540 Sixth Avenue North, effec�ive upon ♦ publication, P-2arch 18 , 19 76, i•2otit�n, Ayes (4) - . ilays {0) , � Dick Benson, City Administr�tor, statet3 �hat E�'.AsUa FUNDING r approximately one year ago, the Ci�y of Orono submit�ed an applicatiori for F',AdUo (Federal S Aid Urban) Furiding for bike/hike trails in Oronoo The e�timate for suCh trails was $390, � 70o being paic� by the Federal Government, 30% by • the municipalitye As information to the City Council,, the Federa� Government (another formality � procedure) requested a�.l participants to reapply, This was accomplished this week, � � Dick Benson, City Administrator, reported that ARr-TY CORPS OF E�GINEERS a public hearing on a U,So Army Corps of Engineers Meetings ` proposal to require a general permit for docks , on Lake F�Iinnetonka will begin at 7 e 30 P,rie , April 12, 1976 at Fiinnetonka Senior fiigh School ` auditorium, 18301 Highway #�7, D4innetonka. �he Lake T��Iinnetonka Conservation District will be holding a public hearing April 7, 1976 at • 8a00 P.i1o , tentatively set for the ?'reshwater B:iological Ins�itute at Navarre regarding the � Army Corps of Engineers dock permits. (Continued) • � . OROTJO COUNCIL NIEETING HELD P�ARCH 8, I9?6 Page 14 � P�Ir, Norman Paurus also stated that th� Lake ARI�TY CORPS OF ENGINEE�S I�iinnetonka Conservation District supported by rZeetings (Continued) �funds from 15 lake communities, the Piinnehaha Creek 67atershed District, and the p�ivate � sector will consider litigating the Corps of Army Engineers stated ju�isdiction of Lake i i�Iinnetonka. M , Searles moved, Butler seconded, to adopt RESOLUTION #668 Resolution ��668o A Resolution Approving The Referendum - Stadium � Requirement Of A Referendum For A Stadium. IZotion, Ayes (4) - IJays (0) . • � Searles moYed, Butler seconded, to appoint APPOINTPIENT i Councilraembers PZassengale and Paurus to an Police Advisory Committee advisor� committ�e to discuss the current � Police Contract with advisory committees from Long Lake and P�4aple Plaino Mot.iori, � Ayes (4) - Nays (0) 0 ! . Paurus moved, Butler �teconded, to deny a OFF SALE 3.2 BEER LICENSE 3.2 off sale heer �license for Richard 1442 Shoreline Drive Gothmarin at Minnetonk� Baits, 1442 Shoreline ! Driveo I�Iotion, Ayes (4) - Nays (0) , � • iir, Bruce PZalkerson, City Attorney, stated that CASCO CIRCLE PARK DEED forr:�s will be executed and forwarded to Hennepin � County releasing_ `the assessments and taxes on ! the Casco CirGle Park and that the deed has been �iledo i � Paurus moved, P•Iassengale seconded, to adopt RESOLUTION �669 Resolution #669, A Resolution Setting Forth Super Valu Stare • Requirements To Be Fulfilled By Su�ae� Valu In • Order To Obtain A ReZoning Pursuant To The Proposed Ordinance Attached Hereto. Motion, � Ayes (4) - Nays (0) , � RESOLU'��QN #669 � L�TIIEREAS, Super Valt� has applied for rezoning of certain property in Navarre in �he City of Orono, • legally described in Exhibit A attached hereto, and � 6vHEREAS, the City Council and Planning Conm►ission � agree to conditionally rezone said property from LR-1B to B-3 as long as certain requirements are � rnet by Super Valu, � �10ta, THEREFORE, BE IT RESOLVED e � l,, The City �c�uncil of Orono shall adopt the � ordinar_ce attached hereto as Exh�.b�:t A as soon as Super Valu grants to the Ci�� c�� ��dn6 i� � � �Eontinued) � . � OROi10 COUNCIL I-�EETING HELD P2ARCH 8, 1976 Page 15 � iorm acceptable to City staff a perpetual open RESOLUTION #669 yspace-conservation easement and municipal (Continued) utilities easement over the south 100 feet of � the property now ocmed by Super Valu at the junction of County Road No, 15 and No, 19 in 1 Orono and which is now zoned as LR-lII and shall * remain as LR-1B after the rezoninga Super Valu shall provide the necessary legal description � for City staff, � 2. Super Valu convenants and agrees to construct all of Supermarket Phas� 1 with a ground floor � area of at least 16,000 sq, ft. within two years of the adoption of this resolution. Super � Valu agrees that the City may rezone the * property legally described in Exhibit A to LR-1B �vithout being liable for any claim for damages ;� of any nature if Super Valu fails to meet the ��-wo-year construction deadline as set forth herein. � The foregoing resolution caas adopted by the City ! Council of the City of Orono by vote of four ayes and zero nays on P�arch 8, 1976. i ~ The Cheyenne Land Company status report DETACHI�IENT & ANNEXATION � concerning the detachment and annexation Cheyenne Land Company �as deferrPd until the executive session � neeting to be held Tuesday, Aiarch 9, ].976 at 6 0 00 P,I�I, 1 � i�iro Rick Sathre, City Engineer, informed the KELLY AVENUE ��IATERSHED � City Council that he will have more detailed information at the TZarch 22, 1976 Council � meeting concerning the Kelly Avenue watershed. ♦ i�iayor Searles and P�r, Rick Sathre, City Engineer, RIrtG ROUTE PROJECT • informed the public that the City ot Orono is � considering constructing a Pi.S,A. street extending County Road �19 and #84 to Iiighways � #G and #�12 to relieve traffic from the inner street system traversing Lake tiinnetonkao • • F3utler moved, Searles seconded, to hold a public PUBLIC FiEARING � hearing i-Ionday, l��ay 17, 1976 at ?e 30 P.P�Ze May 17, 1976 concerning the projected ring route, t•Zotion, � Ayes (4) - Nays (0) , • utler moved, Paurus seconded, to approve the LICENSES �ollowing licenses: P�-iotion, Ayes (4) - Nays (0) e � iiurphy Plumbing & Heating Company - Plumber & Sewer Hookup � On-Sale 3,2 Beer Lic�nse - Orono Golf Course • � . � OR�;NO COUNCIL 1'7EETING HELD PRARCH 8, 1976 Page 16 � Butler moved, Searles seconded, that the All BILLS Fands Accounts 2144 through 2184, 2185 through �2244 and including Shenahan-Goodlund & Associates, , Inc, in the amount of $535, and Liquor Store Accounts 11172 through 11212, be gaid. Motion, � Ayes (4) - Nays (0) . � B�atler moved, P-Iassengale seconded, that the ADJ�URNMENT � r.►e�ting be adjourned at 8:40 P.P-Z. Motion, � Ay�c (4) - Nays (0) � • � � ' i -o ,e Robert L. Searles, A2ayor r , _.. -- _ , �-- • �it't�St: � �/� � �x� A Wa].ter R. B n on, Clerk-Administrator A • • • • • • a • A • • � • � • � •