HomeMy WebLinkAbout04-12-1976 Council Minutes �
CITY OF ORONO
Regular . I�teeting of the Orono Cauncil, 7a 35 P.i�io
�ril 12 , 1976
� The Orono Council met on the above date
� with the following members presente T•Tayor
Searles, Councilmembers Butler, i�iassengale,
and Pauruso Councilmember [-7elsh absent.
Also presente City Administrator Benson,
� Building & Zoning Administrator P�uhich,
' City Attorney iialkerson, and City Engineer
Sathre.
�
� Butler moved, Paurus seconded, that the Tiinutes T�ZINUTES
of the Regular T4eeting of March 22, 1976, be
� approved as amended, T4otion, ,Ayes (4) - rlays (0) .
•
• Butler moved, Plassengale seconded, that the SUBDIVISION
request of the 315 East Grant Corp. for a 3340 Shoreline Drive
� subdivision at 3340 Shoreline Drive, be
referred to the Planning Commissiono P�otion,
� Ayes (4) - Nays (0) 0
a
Butler moved, Iiassengale seconded, that the RIP RAP PERi�IIT
�equest of George Jenos, 3030 Casco Point Road, 3030 Casco Point Road
or a rip rap permit, be referred to the Planning
Commissione I-iotion, Ayes (4) - Nays (0) e
�
� Butler moved, Y�Zassengale seconded, that the VAP.IANCE
request of Vincent Johnson, 601 P2innetonlca 601 TZinnetonka iiighlands
� Highlands Lane, for a variance, be referred to Lane
• the Planning Commission. t�otion, Ayes (4) -
P1ays (0) o
� Lutler moved, Tiassengale seconded, that the VARIAr10E
request of Sheldon �uast, 235 Crestview Avenue, 235 Crestvie�•� Avenue
� for a variance, be referred to the Planning
Commissiono i-lotion, Ayes (4) - Nays (0) .
i
a Butler moved, T4assengale seconded, that the LOT REARRATdGEMENT
� request of Kern Hoppe, Etal, for a lot 2608-2610 T�lapleridge
rearrangement at 260�3-2610 I�apleridge Lane, Lane
� be referred to the Planning Comr.�issiona
1�Iotion, Ayes (4) - Nays (0) o
�
�ut�.er moved, Iiassengale seconded, that the CONDITIONAL USE & RIP
�-equest of Donald Hagen, 2130 Shadywood Road, RAP
for a conditional use permit and rip rap permit, 2130 Shadywood Road
� be referred to the Planning Commissiono r�otion,
Ayes (4) - Nays (0) ,
�
� ORONO COUNCIL t•IEETING HELD APRIL 12, 1976 Page 2
Butler moved, Searles secdnded, that the SUBDIVISIOi�1 & VARIANCE
e�uest for a subdivision ahd variance for 350 North Arm Lane
m Giere, 350 North Arm Lane, be approved
� ased on findings of the inabil�.ty to expanda
T�Iotion, Ayes (4) - Nays (0) .
•
S Henry Aluhich, Building & Zoning Aclministrator, CONDITIONAL USE P�Ri1IT
. stated that I�Tr. Ross is requesting approval of 1960 Lakeview Terrace
a conditional use permit to erect an accessory
� building (storage shed) on his property, a
tYirough lot at 1960 Lakeview Terrace (Lot 1,
� Block 1, Long Lake Country Club Addition) .
This parcel consists of approxim�tely one
acre and therefore does not meet the minimum
. lot requirement of two acrese
' P�Ire Ross also owns �he adjacen� Lot 2, Iilock 1
of this s�ab�iivision which consists of approximately
� one acre areao Our wetlands map indicates
about 750 of Ldt 2 to be ma�sh and wetlands.
In order to �revent any future problems, I
� would recommend approval of this condition�l
use permit conditioned on a combination of
the two parcels.
lanning Commission PZeeting - April 5, 1976
Just as the Commission began to recommend
� approval with a condition requiring Ttir, Ross
to combine his homestead property �aith his
� vacant lot, Tlre Ross objected and requested
• that his adjoining property not be a consideration
in the petition. The Commission pointed out
that presently his homesite was located in a
t�ao acre zone and his existing homesite consisted
of one acreo Combination with the ac�joining
lot �aould bring his property up to present
� zoning requirernents. The Zoning Administrator
S advised T1r, Ross that a building permit could
not be issuecl for the vacant lot because it
S consisted of about 75o wetlands> He also
advised the Commission that a combination now
would prevent problems that might result from
any new owner purchasing the property as the
two parcels are not combined, we have no control
• over the sale of each individual parcel.
Athough i4ro Ross persisted in objecting to this
condition, the Commission made a recommendation
� to the Council that the application be approved
ubject to the combination of Lots 1 and 2, Block 1,
ong Lake Country Club Addition, into a single
siteo
•
(Continued)
s
0120iJ0 COtNCIL P�IEETING HELD APRZL 12, 1976 Page 3
I-iassengale r�toved, Paurus 5econded, to approve CONDITIONAL USE PERilIT
the conditional use permit for Ronald Ross, 1960 Lakeview Terrace
�96� Lakeview Terrace, subject �o (Continued)
receipt of open space easement on Lot 2,
a 33iock 1, Lonq Lake Country Club Additiono
ilotion, Ayes (4) - Nays (0) e
S
Henry i�Tuhich, I3uilding & Zoning Administrator, VARIAr10E
stated that Richard Rowlette recently purchased 3775 Bayside Road
s the olc� Betz Property at 3775 Sayside Road.
This is the property with which Previous
�roblems of right-of-way encroachment was just
resolved in 1975 through a rearrangement of
Lake Streete
The location of the existing dwelling does not
conform to the street setback requirement of
50 fto and hardcover and lakeshore setback
requirement of 75 ft. l�ire Rowlette is no�-�
� requesting variances from this sethack
requirement for an addition to this existing
a s�ructureo The proposed 36 ' X 28 ° addition
consists of a dining room, second eating space
S and a t�,�o car garage. The setbacks of the
i�ro�osed addition �vould be 66 fte from the
�keshore and 20 ft. from the street property
�ine,
` l�herefore, the variances requested would be
9 fto from the lakeshore setback requirement
• and 30 fta from the street setback requirement
and variance �rom the 75 fte lakeshore hardcover
� setback of 378 sq. ft. for the proposea
addition for a total of 778 sq. fta of hardcover.
The existing structure includes a 20 ° X 20 ° concrete
patio deck facing the lakeshoreo T�Iro Rowlette
has agreed to rernove this 400 sq, fto of
hardcover and replace same caith a larger open
S redv�rood deck if the setback variances are approved,
The maximum area of this proposed addition
a e<{tending into the 75 fto lakeshore setback
would not exceed 200 sq. fte This would result
in a net decrease of hardcover of 20� sq. fte
Planning Commission P2eeting - Ap�il 5, 1976
The Corunission recommended to the Council ap�roval
' of the lakeshore and street setback reauest
�nc�itioned upon removal of the 20 ° X 20'
, . �ncrete deck being replaced by a non-pervious
type deck because the City would gain a 200 sq.
fte decrease in hardcover, (Continued)
�
� __.
URUNO COUIICIL TTEETITJG HELD APRIL 12, 1976 Page 4
a Paurus moved, ilassenc�ale seconded, that the VARIANCE
variance request of Richard Ro�rlette, 3775 Bay- 3775 Bayside Road
�ide Road, be approved as per the Planning (Continued)
t �ommission minutes of Apri1 5, 1976, sub�ect
to a correct c�eed being filed by t:Ir. Betz.
ilotion, Ayes (4) - rlays (0) .
Paurus moved, I3utler second�d, that Resolution RESOLUTION j�672
;#672, A Resolution Approvirig The Registerec? Land RLS #
' Survey I�o. , be adopted, subject to the payment 3080 North Shore Drive
of the Park Dedication Fee in the amount of
' $2 ,OOOo t7otion, Ayes (4) - Nay� (0) .
�lassengale moved, Butler seconded, that Resolution RESOLUTION #673
;�673, A Reso�ution Approvirig The Ulmer Estates Ulmer Estates Plat
Plat, be adopted, 'sub�ect �o the payment o�' the 70 & 190 Willow Drive N.
� Park Dedicat�on Fee in tti� amount of $800.
i�Iotion, Ayes (4) -� Na�is (0) .
Iienry T�iuhich, Building & Zoning Administrator, STREET VACATIOPI
� informed the City Council that T�1r, & Mrs. Esco Hill Street
are submitting a request to vacate a portion of 300 Crestview Avenue
Hill Street as his existing well, side entry
enclosure and garage are located on the right-of-
�ay o
A similar proposal was denied by the Planning
Comraission and Council on February 12, 19730
` T�7e informed the applicant' s counsel of this but
he requested �ae proceed with the proposal as
t submittedo
� The existing garage is in need of repair and
� probably could be removed or moved. The entry
enclosure could be removed and the ��ell could
� be moved.
t I would recomnend against this vacation as it
' would result in landlocking the property to the
easte
� A public hearing should be scheduled.
Planninc� Commission TTeeting - s�arch l, Z976
*
The Planning Commission scheduled a public hearing
to be held on ilonday, April 5 0 1976 at 7 a 30 P,TI.
�lanning Commission rleeting - April 5, 1976
Jerry Snyder, attorney representing the applicant,
� appeared at the public hearing and requested
that the Commission review the survey prepared
for the Escos. It showed the garage and a portion
of the existing house, including the well, (Continued)
� OROI10 COUNCIL TIEETING HELD APRIL 12 , 1976 Page 5
� protruding into Iiill Streeto The attorney STRE�T VACATION
� �tated that the only way the Escos could Hi11 Street
obtain marketable title for their property (Continued)
aas by vacation of that portion of the street
where the house is locatedo It was noted that
Lots 7 & 18, the easterly properties, had not
yet been develvped and so acaess problems still
ex�.sted for these tracts, Van PdeSt noted that
trer:iendous ravines existed on these lands making
at irapractical to build an access except through
� Hill Streeto T��ro 5n�cler explained that the
Escos had retreated in their request for a
r,omplete vacation but were only askinc� for 308 fta
so that the house will be completely on Esco
ownecl property. IIe e�tplainet� that this ��as an
existing situation when �he Escos purchased the
property and they caere n�`esently in a law suit
for the former owner concern3.ng the issu�o
� After the public he�ring, the Commission �roceeded
to c�iscuss the problem. P�cDonald felt that no
raad would ever be constructed hut saw a possible
� future need for its existencee Pese3� felt that
308 ft. would not be harmful and the balance could
still service the lands to the easte The Zoning
Administrator disagreed stating that the City
f would need the full road for fliture utilities
and maintenanceo Van ilest noted that in order
'�o vacate land, a public interest must be
�ervedo The metnberso in turn, felt that the
�scos were public and the situation created a
harc�ship to them. It was agreed that the City
Attorney be consulted as to what constitutes
public interest and the City Street Superintendent
as to ��hat maintenance problems might result from
the vacation.
�'he Comniission tabled the application until they
had rec�ipt of recommendations from the City
Attorney and Street Department.
Henry T-Iuhich, Building & Zoning Administrator, REZOrdING
, stated that TIr. Daniel Lindsay is requesting 2505 I:elly A,venue
rezoning of the north 20 fto strip of land lying
in the new south parcel of the old I,D.S. propertyo
2505 I:elly Avenue, which was recently subdividec�
into three lotso
The north property line of the south parcel is
located 2C fto beyond the south line of our
curren�tly zoned cor�unercial area. Therefore, we
are faced with a situation of a 20 fto strip
�onunercially zoned area located in a parcel which
�aill be used and is zoned residential. The rezoning
of this strip will also increase the residentially
zoned area of the parcel and therefore, increase
credits for building. t��e should try to maintain one
zone in individual parcels when they are put to a
specific land use. (Continued)
�
� OFtOPJO COUI�C�L I-TEETING HELD APRIL 12, 1976 Page 6
• A publ�c Yi�aririg should be scheduled, REZONING
2505 I:elly Avenue
�lanning Commission i>2eeting - P7arch l, 1976 (Continued)
� The Cc�mmission scheduled a public hearing for the
� 5�h o� Ap�il, 1976 at 7: 45 P,P�I,
• �on�.ng �clrninistrator - April 2, 1976
� ZDS redent�.y �equested and t�btained preliminary
� a��rnv�l of a subdivi�ion di these original four
parcels into t1z�'ee �arcelso This subdivision was
� determined by t�e descriptions of each parcel as
purchased �y the three new property ownerse This
� Propesed subdivision varied from the currently
described dividing line betcoeen the B-3 and LR-lA
• zones in the area,
� Incidentially, this rezoning, if approved, will
� r�±quire an amendment to our Comprehensive Plan
�lso.
•
I �ould reconnmend approval of this rezoning �or
• tlie following reasons>
� 1. The hew property line running east and 4�est
whickt divides the commercial area from the
�esiclential area follows a more natural break from
� he undeve�oped residential area to the southe
� 2. `��e on�y practical use for this 20 fto strip to
remain cammerci�l w�uld be for additional parking
• and driveway a��a�. ThiS w'ould �inancially be
impractical becau5e of tYie �cost of tillinq and
� c�rading necessary.
� 3, This 20 fto strip is �r�sently covered with
� many trees and ather natural grotath, The p�rc�nt
�o be used Coi�nraercia�ly would �equire remdval of
� all this growth,
• �4. To utilize this strip for parking for the
, existing cofnme�cial establishment would require
additional hardcover which would result in more
, hardcover and storrn water runoff and the
�ollution of Lake iiinnetonka,
•
5. Rezoning to residential would be a benefit
• to the owner of the or.iginally residentially
zoned district by increasinc� the area which
� c�eterrnines the density of development. (Increase
� number of dwelling units)
�e Residential districts generate less traffic
than comr:iercial districts.
•
(Continued)
•
•
�
� OROAdO COUNCIL T•1EETING HELD APRIL 12, 1976 Page 7
• Planning Commission PZeeting - April 5, 1976 REZODTIrIG
2505 Kelly Avenue
�he Commission held a public hearing at which T4r, (Continued)
� Llndsay explained that they wished downgrading of
the commercial area to residential as part of
� their plans for a Planned Residential Development
and felt that this rezoning could be an important
• factor in the upcoming subdivision proposal (��104)
� The Zoning Department expressed the feeling that
� this caould be benefieial due to the topoc�raphy
of tlle land, consisting of hills and ravines,
� requiring filling and grading in order to be
utilized for comm��cial purposes. �omm�rcial use
� would result in additional hardcover and �he
problems of storm wa'�eX runoff and polltition of
• the lake and ground water, Also, it woulr3
� create a more natur�l line between zoning districts.
� �3ecause I�r e Lindsay did t�d� retu�n �or the wbrk
session part of his subdivision appYication,
� as expected from earlier discussic�ns in the
evening, the Planriing Commissibn ta�led acta.nn
• on this r�lat�er until after the publ3.c hearing on
the subdivision-PRD proposal on',Apri1 19th, so
� that botli matters colzlc� be considered as a whole,
�enry TZuhich, Building & Zoning Administrator SUBDIVISION
� stated that staff inspections and review have� 2980 Casco Poiiit Road
� uncovered some new problems relating to t2re
Oien' s two requests. (Subdivision into two
� 1/2 acre lots and conditional use permit to fill
and grade the lo�,� area of the proposed new
� building siteo 2980 Casco Point Road) ,
� 1�s you know, much of Casco Point Road does not
� follow the route as designated on our plat maps,
but we have never had surveys of the actual
� roaa right-of-way.
• I have just obtained a copy of a survey from Tir,
� i�3oran who lives across the street from the
Oien and Lapinski property, This survey is the
� most current and correct as far as the existing
actual lot lines in relation to Casco Point Road
� as platred and Casco Point Road as it is routec?
today.
•
I have sketched the approximate lot lines of the
� Lapinski and Oien properties which adjoin the
� platted and existing right-of-way lines of Casco
oint Road and am enclosing copies of one map
� adjoining these three propertieso This map
appears to indicate that probably more right-of-
� way shoulc� be deducted from the two parcels now
�eing conaidered under this subdivision proposal, (Continued)
•
�
�
� OR011O COtTZ1CIL tSE�TING HELD APRIL 12 , 1976 Page 8
• Before reaching any decision, I v�ould recommend SUBDIVISION
we instruct the applicant submit new surveys 29��J Casco Point Road
�howing the actual routing of Casco Point Road (Continued)
� along with exact areas of each parce]. so we can
determine if each parcel will still conform to
,� code requirements. I am also enclasing a letter
from Gordon Coffin to T1r, AZoran exglaining
� municipalities rights regarding roadways �ahich
have been used and maintained for a period exceeding
• six y&ars. (Check outline paragraph on Page 2
� o� this letter) .
� Furthe� investigation into t�Iro Oien°s second
proposal to fill and g��de the northerly parcel
+ of the proposed subdit�ision could also result in
future problems unless resolved at this time.
•
I am enclosing a memo from Jc�hn Gerhardson, the
� City Street & Draihage D�partment Supervisor,
� rec�arding �ossible prablems from tHe proposed
filling. This letter inclicates drainage �n�y
� create a problem wi�h the toao adjoining properties.
It also points out the ex�,sting storm dr�i,Y� line
� which should be brought up td Curren� st�ndards
as set by the D1�R and Army Corps of Engin��rs,
! I would also recommend the City bbtain an easement
to main�ain this line a� improved.
�� the subdivision is approvedo additional se�aer
� anc� water assessments mtzs� b� a��ed for �Yie
� second parcel.
• Planning Commission P�leeting - April 5, 1976
� At the public hearing, the Zoning Administrator
called attention to a map he drafted after
� receiving survey information from the neighboring
� property owner, Hamilton I•�orano It showed that the
present existing Casco Point Road, which did not
� follow the line of the platted roadp and right-
oi-way would run through the Oien property, thus
• reducing the available area necessary to meet the
Zoning Codeo The Zoning Administrator stated that
� State statutes provide for the right of municipalities
to acquire 33 ft. of pro�erty on both sides of any
� road used and maintained for more than six years.
� is?r. Oien stated that his property was �orrens and
felt that it was not likely> HaMilton Pqoran,
r �aho �aas in attendance, also expressed interest in
the road situation because it ��ould place his
• existing house right in the middle of the road.
� 'ne Planning Commission tabled the matter until
� ne next meetina, in order that a survey showing the
existing roadway and right-of-way in relation to
� the Oien property be presented and asked that it
contain an accurate computation of the dry buildable
• area excluding the roadway and right-of-way, (Continued)
•
�
� ORONO COUNCIL b1EETING HELD APRIL 12, 1976 Page 9
• Later in the evening, as part of their work session, SUBDIVISION
the Commission discussed the filling and grading 2980 Casco Point Road
�equest made by i2r, Oieno Attached is a memo (Continued)
, from the Street Superin�tendent that was of concern,
i�ir> Oien, who was present for the review, was
� asked to clarify the elevation areas on his survey
but was unable to do soa
•
• The Commission then made a motion requesting that
Gordon Coffin, Surveyor, be contacted to define the
� elevation areas and before and after contour lines
on the surveyo They requested new plans at a larger
� scale and an elevation plan shoU�ing existing grades
and proposed changeso
�
The �ity Engineer was also requested to determine
� sewer and water assessments for this particular lot,
�
� Henry T=luhich, Building & Zoning Administrator, P�NLTI-FAPiILY ORDINADtCE
informed the City Council that T�ir, John Bergley
� of [9ehrman, Chapman & Associates Planning Agency,
was scheduled to appear at the Planning Commission
• meeting of April 5, 1�76. Due to unexpected
illness in the family, he was unable to attend
� thQ meeting, I have had several discussions with
! ��r. Bergley and �eviewed the possibil�.ty. bf
.ncluding several other points in the preliminary
� c�rafto
� Erom the �tandpoint of structure�, we cannot be
any rnore restrictive th$n the State I3uilding Code.
• t^]e, however, regt�l.ate types of structures in the
. various ar�as through zoning restricti�nse
Developments should be control�.ed to prevent
� diminution of value of surrounding propertieso
I ar,i enclosing copies of some of the additions
� and revisions r�iro Bergley has sent me since our
discussionse
�
6�e might also consider including provision for
� moderate-income housing in multipZe developmentso
. Durinc� the last legislative session, the State
has passed the mandatory planning bill which
� provides for Metro Council° s review of Compre-
hensive Plans and amendments.
•
� Henry I�iuhich, Building & Zoning Administrator, CITY OF PLYMOUTFi
• informed the City Council that the Planning UTILITIE5 LETTER
Commission recor�rilended to the Council that they
� draft a reply to the City of Plymauth stating
":hat the City of Orono has no future plans to
� �ervice that part of Orono and that the City°s
long range plans, if the area is sewered in the
� future, would be through the Long Lake-Orono
interceptoro (Continued)
•
•
�
� ORONO COU'iJCIL T��EETING I-iELD APRIL 12 , 1976 Page 10
� Letter to Sherman Goldberg, Director of Pui�lic CITY OF PLYIMOUTH
��lorks, City of Plymouth, April 13, 1976a UTILITIES LETTER
(Continued)
�"In response to your letter of r�tarch 23 regarding
� pro�osed utilities in the Ferndale North area, I
� would like to thank you for offering extension of
such services to northeast Oronoo As you probably
� kno��, the Chevy Chase and Ferndale Green areas (as
• well as ��ayzata Country Club) are presently sewered
by contract with [�layzata, Orono's Comprehensive
� Plan and Zoning Code delineate a break between
urban and rural service levels, r_esulting in a
� projected d���elling unit density which precludes
municipal sewer and water in the area adjacent to
� Ferndale North in Plymoutho
a This land use policy has been carefully reviewed
i and approved by the rTetro Council as being
consistent with that organization's policy of
� avQiding l�nnecessary expansion of municipal services
in the rural nart of the metro area, As a
� consequence, we believe that the sizing and
location of the utilities you are installing
• should be planned with this policy in mind, "
r End of letter
! Henry �Iuhich, Building & Zoning Administrator, VARIANCE
informed the City Council that Everett Goodfellow, 3510 rdorth Shore Drive
� 3510 Ilorth Shore Drive, is requesting a variance
from 310109 and 34,552 for a 24 ' X �0' addition
� to their present homea The location of the existing
dwelling is non-conforming in that it is located
� only 6" from the southwest lot line,
� Nir. Goodfellow has assured us he would remove the
� existing garage u�hen the nev� addition is completed
i� the variance is granted. This should be included
� as a condition if the variance is granted.
a The pronosed addition does comply with all setback
� requirementso The only non-conformities here are
now existing,
� Planning Commission P2eeting - April 5, 1976
•
The Commission recommended to the Council approval
• of this request as subrnitted but subject to the
• old garage being removed from the site upon
�ompletion of the construction,
� Paurus moved, Butler seconded, to approve the
variar}ce request of Everett Goodfellow, 3510 North
Sh.ore Driveo subject to his signing a letter
� agreeing to remove the existing garage, as per '
the Planning Commission 1�4inutes. Nlotiono ,
• Ayes {4) - Nays (0) 0 '
O
�
OROIIO COUNCIL PREETING HELD APRIL 12 , 1976 Page 11
� Henry Tluhich, F3uilding & Zoning Administrator, VARIANCE
informed the City Council that Oliver T-IcCurdy, 1045 North Arm Drive
�45 I�orth Arm Drive, is requesting a variance
rom lot area and width requirements in order to
� add a garage to his existing dwelling. The minimum
� req�irements in this district are one acre area and
140 ft. lot width,
�
The i��IcCurdy property consists of 33,700 sq. fto
� (approximately 3/4 acre) and is 100 ft. wide.
The area variance would be 9,800 sq. ft. and the
� width variance 40 ft. The proposed addition would
� meet all setback requirements,
, The Planning Commission recommended to the Council
that the application be approved as submitted,
•
Searles moved, TZassengale seconded, that the
� request of Oliver l7cCurdy, 1045 Plorth Arm DriV�e,
be approved, as pe� the Planning Commission
� rlinutes, T�Iotion, 1�yes t 4) - rTays (0) e
•
� Henry i�Zuhich, Building & Zoning Administrator, ��TC RELOCATION
informed the City Council that he and sohn
� Gerha'rdson met with Gary Record of the P7TC
regar�ing th� prop+�sed relocation of the Pa�k
nd Ride Statidn on the Citiy parking area behind
e commercial e�t�b�lishments along the north
side of County ltoac� #15 at Navarre.
iiro Record made a ,�urvey of the current parking
� situation on the new Super Valu Stores property
at the I�Iavar�e corrier anc� fourid the following o
•
• Total of 16 cars parked
ao 1 broken down vehicle
� b, 2 vehicles by car pools
� c. 13 TITC Park & Ride vehicles
� �Ie recorded six other vehicles temporarily parking
at the site for the purpose of transporting TTTC
• passengers to the point of pickup - (Kiss & P.ide
, form of ��ITC passengers)
� Af_ter conferring �vith his supervisors, he called
back to inform me that the routing through the
� parking lot or around Lyric and 131aine would not
be adequate for the present day large busses. He
� did inform me, however, that the P1TC management �aould
consider using this area for parking and moving the
• ic}ti up station and shelter to a point on the south
�ide of County Road #tl5 across from the access
road to the City parking area, This access road
� is located between the barber shop and carpet
store on the north side on County Road #I5o (Continued)
•
�
ORONO COUNCIL i�E�TING HELD APRIL 12 , 1976 Page 12
Butler moved, I�lassengale seconded, to approve the r•7TC P.ELOCATION
�bove memo, subject to the property owners consent (Continued)
or the use of the access roado Izotion, Ayes (4) -
r ilays (0} e
Henry Tluhich, Building � Zoning Admiriistrator, AZC CHARi�ES PROPERTY
� informed the Ci�y Council : that �here has heen a 35�0 Shoreline Drive
� request to use the I•ZcCharles building, 3500 Shore-
line Urive, for an assemb�y shop fo� wood
� productse The City Council requested further
information for the April 26, 1976 meeting.
�
� Searles raoved, �utler s�conded, that Resolution RESOLUTION ¢jG74
! ;}G7�, A Resolution Rega�ding A H�nnepin County Trans�ortation
Transportation System Draft Fina1 Report, be
+ ado�ted o I2otion, Ayes (4) - Tdays (0) .
� RESOLUTION ��674
_ �•7IIEP.E�S, the fIenriepin Courity Department of Public
�9orY.s has conducted a HennePin County Transportation
� System Study and produced a Draft Final Report, and
t^1�I��ZEAS, the Draft Final Report is a guide f_or the
�future roadway� system under County jurisdiction
nd contains recommendations,
�
'rHEREFORE, BE IT RESOLVED that the City of Orono
h�rel�y tYansmits the folloe�ing concerns and comments
� regarding the Hennepin County Transportation System
Study Dr3ft Final Report and adoption by Hennepin
� County of the encloseds
1, July 3, 1974 - Letter from iZcCombs-I:nutson
Associates
2. July 290 1974 - Letter from t�Te R. IIenson,
City Adr�inistrator
� 3e Ttesolution ��557 - Adopted September 24, 1974
` 4o Nover�er 25, 1975 - Letter from Robert L.
Searles, ilayor
� 5e February 23, 1976 - Letter from ���alter R�
Benson, City Administrator
� Go 1�pri1 9, 1976 - Letter from P4cCombs-Knutson
Associates
�
� Butler moved, Searles seconded, that Resolution I�ESOLUTIOiJ #675
;�675, A Resolution To Amend Resolution #��80 Amenc� Park E'und
Establishing A Park Fund, be adopted, TTotion,
� Ayes (4) - Nays (0) ,
�
�
�
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OROTQO COUDICIL r1EETING HELD APRIL 12, 1976 Page 13
� Dick Benson, City Adrlinistrator, stated that in KENDALL ELLIS PP.OPERTY
19G3, the Village of Orono purchased a4 acres from
ythe Ellis estate to build a sewer treatment planto
[7ith this purchase, we acquired a piece of grbund
approxiraately 30° X 300' , which cuts into a
natural rectangular shaped lot that Piro Kendall
Ellis owns and resides at today.
i
i�Ire Ellis has requested of the City of Orono an
• op�ortunity to buy back this 80 ' X 3a0 ° piece to
complete his natural rectangular loto
� He would, of course, have to also absorb the cost
of an appraiser and surveyor and any other costs
that might occur. This purchase wpuld not hinder
the City as far as its existing property is concerned
� and I do recommend tae p�oCeedp with Council approval.
, The City Council Yequested staff to inform Pdr.
Ellis that the City will consi+der his rec�uest
when he has submitted a complete survey of the
S property and its appraised valuee
Dick Benson, City Administrator, informed the �'AGERNESS POINT PROPERTY
City Council that the Orono Pa�`k Commission has
reviewed the property affered by P4r. IIill Swe�n
located at Fagerne5s Point Road. The P�rk
Commission does not find any beneficial use for
this particular piece of land and does not
recommend City ownership at this time,
i�Iayor Searles requestec� staff to send a lette�
to T�iro Bill Sween thanking his for his offer.
� Paurus moved, Butler se�Onded, to approve the POLICE RESERVE AGREEI�7EIQT
Orono Pblice Rese�'ve Agreement and Appointment,
IZotion, Ayes (4) - rlays (0) ,
� The Tax Delinquent Property item was tabled until TAX DELINQUENT PROPERTY
the meeting of April 26, 1976.
i
Dick Benson, City Administrator, informed the City BOND REFUND
Council that Ehlers & Associates, Ince and Spring-
field Incorporated, municipal consultants, have
been reviewing Orono's improvement bond debt status,
'i�he going interest rate at the time of the sale and
the current bond market condition to aetermine what
savings would be generatea through an advance
�refunding ►aond sale, or in other words, to reduce
the City's debt throughout the life of the bonds.
At this time, the two municipal financial consultants
have compiled information for the Cauncil's review.
I will �iave the subject entered on the April 26, 1976
agenda for Council's decisione I'urther recommendations
will be submitted at the April 26, 197G meetinge
r
ORONO COUNCIL 1�ZEETING HELD APRIL 12, 1976 Page 14
i The riunicipal Commission has again postponed the POSTPONED A'iEETING
public hearings scheduled for April 7 & 8, 1976 r�unicinal Commission
�concerning the Cheyenne Land Development detachment Cheyenne Land Company
and annexation until April 22 & 23, 1976, 10:00 A. D1.
Paurus moved, Searles seconded, that Resolution RESOLUTION #676
a #676, A Resolution Authorizing The Transfer Of Transfer of Funds
Funds From Sewer Operating Fund To P.I.R. Fund,
be adoptedo Motion, Ayes (4) - Nays (0) e
� The policy statement on storm water assessment STORM WATER ASSESSr�ENTS
procedures was postponed until the meeting of
April 26, 1976.
Massengale moved, Blztler seconded, that the SALARY ADJUSTMENT
, salary ac�justment for F1oyd Kleve, light Flbyd Kle've
equipment operator, from $5034 to $5. 98 per
hour, effective April 14, 1976, be approved.
c•�otion, Ayes (4) - Nays (0) ,
i��assehgale moved, Butler seconded, that the SALARY ADJUSTMENT
11 salary �cljustment for Alan P, Olsono Building Alan P. Olson
& Zoning Inspector, from $12 ,000 to $12, 480
per year, effective P�larch 1, 1976, be approved.
��Iotion, Ayes (4) - Nays (0) ,
Butler moved, P�tassengale seconded, that Harold's REFUND
Vending Service be refunded $12v00 for the Harold's Vending Co.
Cigarette License for Fleming Manufacturing
Company, be approvedo Motion, Ayes (4) - Nays (0) .
Mayor Searles requested the City staff to respond NORTH FERNDALE ROAD
to the City of Plymouth expressing Orono's concerns Elwell Development
related to the ingress and egress proposed by the
Elwell Development on the North Ferndale Road and
contained in Barton-Aschman & Associates Traffic
Analysis Report.
♦
ifayor Searles letter to Barton-Aschman Associatess
, "We are in receipt of your traffic analysis report
of April 7 concerning the residential development,
Ferndale North. At the Council meeting of April 12,
the following preliminary comments and concerns were
expresseda
�l, Because of the location of the proposed development
lose to the shopping area in L��ayzata, as well as the
Wayzata Country Club and Lake i�iinnetonka, it is felt
that projected construction time span cited in your
report is spread over a greater number of years than
will be the actual case when development starts, (Continued)
ORONO COUNCIL PIEETTNG �iELD APRIL 12 , _a76 Page 15
� In other wordS, we anticipate that the increased NORTH FERNDALE ROAD
�traffic load effects will occur soar.sr and Elwell Deve].opment
therefore may call for solution to the related (Continued)
prok�lems at a fairly early datea
� 2o t���e suggest that developer commitment to your
Recommended Roadway Improvement (Figure 4) be
obtained prior to final approval o� the plat
(appropriate bonding for this �urF ���� appears to
be one solution) .
3v Your Figu�e 4 recommendation for a right turn
i lane and by-pass at ea�h en�rance c�i11 require
either public investment by Plymouth, private
investment by the developer, or a combination of
both. In any case, such a design wi11 require
approval by Orono for that portion ��ithin Orono,
, I� is unlikely that public money c�n �e dedicated
by Orono to so].ve development problen:s in Plymouth.
� Therefore, it is recommended that t'r?� developer
and Plymouth arrive at a cours� oi arytion dealing
: with the design, approval, fundinc; a:�d construction
� of the rigr.t turn lanes and by-�asses before a
public safety proulem is encoun�cer�d.
r 4o We believe that traffic �on.g�r-�:.�on and public
safety problem can be foreseen r�gnt now with the
�tage 1 activity generated by lot s�].es, construction
0 and finally resident traffic, Or_ce again, basic
public safety appears to call fo�= r.^s�lution of the
access clesign problems prior to the ^tart of Stage 1
development>
� 5o Your roadway analysis paragraph cites I�ZHD Road
nesign T�•lanual standards. These nl�nimums are
valuable in judging average stoepir�g sight distances
under reasonable road surface conditions. Experience
indicates that under poor road sur_f�ce conditions
(ice or snow) these standards a�=e n�t adequate to
protect public safety in the subj�ct section of
T3orth Ferndale Road.
+ t�Ie are sure that you will want to be advised that
any recommendation by you for a busy development
entrance to Ferndale Avenue Ner-�h in chis critical
area, or any actual construction of such an entrance
involving a sizeable number of �crips per day, carries
with it a heavy responsibility for future accident
and personal injury poten�iale
G7e feel that your alternative ��cc�:���ndation
(Paragraph 3 of Phase 2 , 1980-1985) is the more
esponsible public policy deci�ionP i,ee to
eliminate the proposed Eighth Aver�ue North access
to North _T.'erndale. Balancing feasis•:..'.."_ity of site
plan changes against public safety appears to Iead
to a conclusion :hat the public ° s safety comes
out somewhat ahead of develoPer car..-.�enience. "
.�
�ORONO COUNCIL i3E�TIPIG HELD APRIL 12 , 1�75 Page 16
�Letter to Plymouth Director of Public Works - MOONEY LAKE LETTER
�ooney Lake
� This letter is in response to yours o� April 8
regarding T•7ooney Lake. Orono appreciates the
•need to successfully address the storm water
runof f prob].em in the I�Iooney Lake drainage
�basin.
't�e note your reference to percentages of acre-
� age lying within Plymouth, Orono and P<Iedina.
Of greater significance is the rate and density
t of development in the three municipalities. The
land use policies of the three mun�.c�p�.lities
i aiffer in a substantial wayo ` The Consequences
can be seen in an excerpt from the minutes of
�the February 19 meeting o� the P2innehaha Creek
�,titiTatershed District on the subject of T�:ooney Lakea
� 'There followed a general discussipn as to the
best method of proce�ding, particularly in the
• light of the fact th�t there were approximatel.y
39 homes on the lakeshore, 31 of w�ich were in
� the City o£ Plymouth, with the remaining properties
+ involved lying in other citieso The managers
expressed concern for a prompt idc?ntification
� of the problem and the costs involved. ' (Under-
�ning added)
As has been discovered in recent yea�s, small
� bodies of water can withstand only lirni�ed v�ater�
shed urbanization before such development Causes
� a severe imbalance in the drainage o� the basin
� and ultimately a serious deterioration of water
quality. Lake Calhoun is in the thrdes of the
� latter problert with no feasib]�e solution in sighto
In the case of T�iooney Lake, it may be advisable to
• hold in abe�ance any further hardcover construction
in the basin uiitil a pu}�1ic policy can be established
� to deal with the aCaelerated storilt water runoff
, caused by such impervious cover.
� I�1ay we suggest that the costs of the proposed
study of the 1�1c�oney Lake high �aater problem
� might be fairly borne in proportion to the degree
of development causing the problem?
•
We agree that Plymouth should not bear 100� of
, the study costs. Perhaps costs should be shared
� on the basis of percentage of watershed area
urbanized, number of residences, or some other
� index related to the T•Zooney Lake high water problem, "
�nd of letter
•
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• OROTJO COUNCIL P•IEETING HELD APRIL 12, 19 76 Page 17
� Bruce TZalkerson, City Attorney, reported to the ��ISSISSIPPI RIVER BASIN
�City Council that he attended a meeting of the REPORT
pper tZississippi River Basin Commission and
� that a summary memo will be forwarded to Orono
discussing the results of the workshop conferenceo
•
� t�7ayor 5earles announced that the City Council will EXECUTIVE SESSION
enter into executive session Thursday evening, Navarre Rezoning
� April 15, 1976 at 7:30 P.I•2. to discuss 1it3.gation
� concerning the Navarre Rezoning T�atter.
�
Rick Sathre, representing rRcCombs-Rnutson K�LLY AVENUE DP.AINAGE
• City Engineer, inforrned the City CounCi�. that
it would be in the best intere�ctis of trhe City
� to control, surface and discharge stormwaters
� at Kelly Avenue proportionate� to increas�d
hardcover, and that f�itLire determinations will
,* be made when Super Valu s}abmits plan� to cbn5truct
their propos�d building at the �.ntersect.�on bf
• #15 and #19,
•
T�Iayor Searles announced to the `public that as CLEANUP DAY
� a service to yotzr community, th� City Courlcil M�y 15, 1976
� has designated Saturday, P-Ia� 15, 1.976, 8:tl0 �10 M.
0 4030 P.ra1, �s O�ono° s Cleanup Day. Thfs wiii
llow all residents to dis�ose of unwanted debris
within the City as part of Orono's environmental
• protection of Lake I�tinnetonkao
� The co�llection point will be behind the long
� gold eql�ipment shed at Brown Road South (County
Road ##146) and Central Avenue in Crystal Bay,
� next to the Administration Building,
� The following items will not be accepteda
• Garbage
. Trees
Brush
� Chemicals
Truckloads
•
Leaves and small items will have to be bagged
• and tied. Newspapers and all paper products
• must be tied securely.
For your convenience, City employees will be
� available at the site to assist yQu during
� this spring cleanup periode If there are any
�uestions, please feel free to call 473-7357e
•
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ORONO COUNCIL P2EETING HELb AP�TL 12, 1976 Page 18
� Searles moved, r•Zassenga�� seconded, that the LICErI5ES
�following licenses, be approved: I��Zotion,
yes (4) - Nays (0) .
•
Kennel Licenses
'� Leprechaun Kennel - Johri & Margie Lyons
� Valor Kennel - John Lanier
! Bob's Plumbing & Heating - Plumber & Sewer Hookup
Henry Gess ti�lell Company - We11 briller
� Hoglund Mechanical Contractors, Inc. - Plumber &
Sewer Hookup
• London Plumbing Company - Plumber
r4echanical Constructors, Inc. - Plumber
� E, H. Renner & Sons - Well Driller
� Standard Plumbing & Appliance Company - Plumbe� &
Sewer Hookup
� tf]estonka Plumbing & Heating, Inc! � Plumber &
Sewer Hookup
•
Cigare�te License
• Tlavarre Drive-In Theatr�
• �
� Butler moved, Massengale se�on8ec�, that the N��ARRE DRIVE-IN THEATRE
license for the Navarre Drive-In T�eatre, be �,ICENS�
� approved, subj�ct to the fcillawing list of
tems as conditions to b� adher�d tQ within
0 days and with complete �taff review and
• ag�provals Piotion, Ayes (4� - Nays �0� .
� l. Regulations of Operationsa The shows will
not start before 7e30 P.P�. and at dusk when
� the sun tells it will not get dark until later.
� 2e Control of Traffic: i�lhen the traffic is at
the heaviest, the management will have enough
� employees on duty to get patrons in fast.
� 3, Exit and Entry Lights: A new manager has been
� hired and will keep everything in good repair
at all times.
•
4. Time of Movie Closing Times Closing time is
� normally 1>00 A. P�I. and 2 a 00 A. i�1. when day-
• light time is in effect.
� 5. Screening Fence: There is a growth of trees
between the theatre and the residential area
� and to the east is a commercial section and
considering that they are both in business
� at different times, there will be no problem.
�. Speakers Sound & Noisea All speakers will be
. turned off when not in use and volume wi11 be
kept down,
•
+ (Continued)
�
• ORONO COUNCIL i�IEETING HELD APRIL 12, 1976 Page 19
� 7. Types of P�lovies: The theatre will have no NAVARRE DRIVE-IN THEATRE
� X-rated movie� and wil-i- -attempt to play all � LICENSE
the PG and G rated movies that are available. (Continued)
•
8. Litter and Weeds: The theatre will make
• sure that the janitoria�, service cleans up
early and maintains the grdundst
�
� 9. Curfew for Childrefi: Only people �thd are
permitted to drive are allowed, eXcept when
� they bring their own chxldren.
� 10. Policing Help: The the�tre wi1l ma�n�aih
personnel to con�rol patrc�ns, but in the
• event of a serious probl�m, the manag�ment
will call the loc�1 enfor�emerlt agency to
a handle problems.
�
� Hutler moved, Paurus seconded, that the All Funds BILLS
Accounts 2347 through 2388 and 2231 through 2273,
� 2389 through 2466, 19309 through 19319 and Liquor
Store Accounts 11222 through 11266, be paid.
� �Zotion, Ayes (4) - Nays (0) .
•
� Paurus moved, Butler seconded, that the meeting ADJOURNMENT
e adjourned at 11:05 P.M. Motion, Ayes (4) -
ays (0) .
•
�
� ����z, ��,�-
� Ro ert L. Sear es, AZayor
! •
,r ,_
� � /� �
• Attest: C ,- , 7�- -
�Ja er R. He , Clerk-Administrator
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