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HomeMy WebLinkAbout08-09-1976 Council Minutes � + � " CITY OF ORONO � Regular P�eeting of the Orono Council, 7s32 P.rs. f' August 9, 1976 � The Orono Council met on the above date with � the following members present: Mayor Searles, Councilmembers rZassengale, Paurus, and [�Ielsh. a Absenta Councilmember Butler. Also nresent; City Administrator Benson, Building & Zoning � Administrator AZuhich, City AttornQy Malkerson, � and City Engine�r Sathre. � Nlinutes of the Regular Meeting of JL1y 26, 1976 P�IINUTES � were tabled until the meeting of August 23, 1976. • • No comments from the Park Commission. PARF: COP�ZISSION � No comments from the Human Rights Commission. HUI�AN RIGH'�S COMMISSION � No comments from the Planning Commission. PLANNING COMMISSION • T�iayor Searles relinquished his chair to Acting D4AYOR SEARLES • Mayor Massengale to address the Council as a � candidate for the State Legislature. r2ayor Searles commented on his goals concerning local � government stating that control should remain with local agencies to better serve their � constituents. i Mayor Searles returned to his chair. • . Henry P4uhich, Building & Zoning Administrator, VARIATICE stated that Wayne Peterson, 1359 Park Drive, 1359 Park Drive + purchased this property about a year ago. The previous owners had evidently installed a pool ` without first obtaining a permit. The location of this existing pool does not meet the required • 10 ° side yard setback. It was built about 1� £t. ! from the side lot line. The Petersons are now requesting a variance of 8� ft. from the required � 10 fte � The alternatives here are to grant the variance or deny and require moving or removing the • existing pool. � Planning Commission r�4eeting - August 2, 1976 � P4r. Peterson usas present at the meeting. He explained � that he purchased the property in good faith about one year ago. He understood there had heen i misunderstandings, but felt that the problems had been solved, The Planning Commission recommended � to approve this variance because it is after the ' fact and the pool has been there for three years. (Continued) � . � ' ORONO COUNCIL r�EETING $�LD AUGUST 9, 1976 Page 2 � The Cammission felt that this was no� a violation VARIANCF • by the Petersons tvho pt�r�h�tled th� proPer�y o�tly 135g Park Drive � one year ago. They were unfortun�te to inherit (Continued) ah existing non-conforming situation which caas � never before brought to the attention of th� staffo � Searles moved, Welsh seconded, to approve the • variance for Wayne Peterson, 1359 Park Drive� • per the Planning Commission recommendation of August 2, 1976. Plotion, Ayes (4) - riays (0) . • + Henry P�uhich, Building & Zoning Administrator, VARIANCE stated that Michael Curtis, 4200 North Shore 4200 North Shore Drive � Drive, now resides in a home which is located on a lot that does not meet the code requirements '� of 1 acre area and 140 ° lot width. He is ` requesting approval of a variance to add to the existing structure. The existing lot contains � 11,000 sq. fte and is 46' wide at the location of the housee This lot is �erefore 32,560 sq. � ft. short of the required lot width. The proposed addition would not conflict with the required • setbacks. � Planning Commission T�teeting - August 2, 1976 � The Commission recommended approval of this � variance because the proposed addition would be replacing the substandard lean-to portion of the � house, and it would in no way encroach on the existing setbacks. • . Paurus moved, Massengale seconded, to approve the variance for T�Tichael Curtis, 4200 North Shore S Drive, per the Planning Commission T�iinutes. Motion, Ayes (4) - Nays (0) . r � Henry 1�4uhich, Building & Zoning Administrator, VARIANCE stated that Fred Ryan, 1345 North Arm Drive, 1345 North Arm Drive � is requesting approval of an addition hetc,�een ` his house and garage. Although I have no building plans yet, he informs me that the setback between � the structures would be only 4 ' . This would require a variance of 6' as our ordinance requires � 10 ' between structures. • This would not create a problem as we could treat the garage as an attached garage and require the � necessary one hour fire wall in the garage to �provide an adequate fire separation between structures. � (Continued) � � � . � �ORONO COUNCIL MEETING HELD AUGUST 9, 1976 Page 3 � The existing garage extends over the lot line onto VARIANCE � the vacated Oak Place. Therefore, I would recommend 1345 North Arm Drive we include the condition that the 5� lots and the (Continued) � vacated street be combined into one parcel. A sub- division would then be required before any future • proposal for additional building sites could be . approved by Council. ` Planning Commission r•Seeting - August 2, 1976 � The Zoning Administrator presented the building plans to the Commission. Mr. Ryan was present • to explain his plans for this addition, The Planning Commission recommended approval subject � to providing fire separation as required by the � State Code and the combination of all the individual parcels and vacated street. The � subject of the vacated street should be referred to the Attorney to resolve its actual status. � Searles moved, t7assengale seconded, to approve � the variance for Fred Ryan, 1345 North Arm Drive, as per the Planning Commission minutes of August 2, � 1976, subject to verifying that all properties � are part of vacation, Motion, Ayes (4) - Nays (0) , � Henry Pluhich, Building & Zoning Administrator, VARIArTCE • stated that Travis Smith, 1945 Fagerness Point 1945 Fagerness Point Road • Road, originally obtained a building permit to construct a dwelling as located on the ori�inal � survey. Either the owner or contractor changed this pronosed location to the opposite corr.er, � �^lhen we made our first footing inspection, the � footing appeared to be set back the necessar_y 30 ° . �Tithout the proper engineering instruments, � it is impossible to measure the horizontal distance • over mounds of dirt and into 4 ° or 5' excavations. � Since the building has been framed in, P�ir. Larry Shaw, a neighbor, has turned in a complaint of_ � encroachment on the rear lot line. We requested a new survey £rom the Smiths which they submitted r on July 7, 1976. The new survey does confirm the • allegation of encroachment, Since learning of this, the Smiths have submitted an application for • a variance from the rear yard setback requirement. The location of the house as built is 26 ' 8" from � the rear lot line which is 3' 4" short of the required 30 ' setback requirement. • �This parcel is one of the two resulting from the replatting of Fagerness Green Subdivision which . was approved December 10, 1973. Please note the shaded shoreline area across the street from the � subject property as shown on the enclosed copy ot the Fagerness Green Subdivision. This shoreline � area was evidently not included in this plat. (Continued) � � . ORONO COUNCIL PIEETING HELD AUGUST 9, 1976 Page 4 � . Therefore, I would like to remind the owner that VARIANCE no docks wouZd be permitted alonq this shoreline 1945 Fagerness Point Road � as it is not part of the property. 9ince it is (Continued) not a part of Lot 2, it would gt best be a � separate parcel, Our ordin�rlce cloes not permit any accessory use without a main structure. � . Planning Commission Meeting �- J�ly 1�, 1976 � The Planning Commission suggested to Hank that he contact the City Attorney before the next meeting � for alternatives and recommendations on this variance requPst. � Hank recommended approval of the variance of 3° 4" � as the encroachment is toward the rear of the . neighbor's garage (not dwelling) . '_r_he existing location is set back 26 ' 8" from the rear lot � line. This exceeds the setback af 25 ° as required in many other municipalities in the P-Zetro area. � Planning Commission 1�Ieeting - August 2, 1976 • • P�4r, & bZrs e Smith were present at the meeting. P�Trso Smith explained that at the start of � construction they had instructed the contractor not to disturb the trees on the prope�ty in order � to build the house. The location of the house caas then moved over to avoid removing the trees. � Larry Shaw, a neighbor to the north of the Smiths, c•aas also present at the meeting. He expressec? • his disappointment ���ith the building of this home, He mentioned that he had complained several � times to the building inspector regarding the � building location. The present location blocks his view of the lake, The Planning Cor.imission � recommended approval because the house is f_inished and side and front setbacks all comply. Iiowever, • granting this approval does not constitute • approval for a private dock on the shoreline strin directly across the street. � Paurus moved, tiaelsh seconded, to approve the variance ` for Travis Smith, 1945 Fagerness Point Road, as per the Planning Commission minutes of Au_qust 2 , 19760 � PTotion, Ayes (4) - P1ays (0) . * Iienry Muhich, Building & Zoning Administrator, � stated that Earl Norwood, 1360 Vine Place, is requesting approval of a variance from our zoning � ordinance section 31. 330, which limits the area �of any accessory building to 1,000 sq. fte T-Zr, Norwood wants to build a 42 ' X 28 ' garage (1,176 sao fte ) • This would require a variance of 176 sc�. ft. (Contin�aed) � � + � ORONO COUr1CIL IyIEETING HELD AUGUST 9, 1976 Page 5 � P�7r, Norwood informs me he is making this request VARIArTCE � for the purpose of storing and screening all his 1360 Vine Place recreational equipment such as boats, campers, (Continued) � snowmobiles, etc. , as well as his vehicles. i This sounds like a reasonable request as it would eliminate open storage and possible � complaints from neighbors. � Council approved a previous street setback variance the required 35 ' to 5 ' on November ?.4_ , • 1975, subject to delinctuent taxes being paid . and the four lots be combined into one parcel, a I am enclosing a copy of P•Zr. Norwood's application for �. combination of the four lots as submitted � with the [�Test Hennepin Assessment District. � Planning Commission r�eeting - August ?_, 1976 � The Zoning Administrator inforr.led the Commission • and i�Iro Labovsky, an interested neighbor, that P2r, Norwood was requesting an approval of a � variance of 176 sqo ft. in area to build a 42 ° �; 28 ° garage which ��aould be used to store � his recreational equipmente The Planning Commission recommended approval on the basis there has heen � no complaint on the proposal and all the individual . parcels have been combined after having paid up all delinquent taxes. � t��elsh moved, Paurus seconded, to approve the variance � for Earl Nor�•�ood, 1360 Vine Place, as per the Planning Commission minutes of August 2, 1976. � Piotion, Ayes (�}) - Nays (0) . � • Henry P7uhich, Building & Zoning Administrator, VARIAPICE stated that Joseph tiahitney, 840 Old Long Lake 840 Old Long Lake Road � Road, is requesting approval of two variances to add to his existing L-shaped residence on this lot. � Lot Area Road Setback e Required - 2 acres 50 ' . Existing - 1.2 acres 34 ° Variance - Oo8 acres 16' ! This proposed addition is not in the direction � of the existing substandard road setback. In fact, it consists only of filling in the void � section of the L-shaped hcuse. This would be an iMprovement to the property without reducing � the existing substandard setbacks. (Continued) � � � � ORONO COUNCIL P-ZEETTNG HELD AUGUST 9 , 1976 Page 6 � Planning Commission P�7eeting - August 2, 1976 VARIANCE � 840 Old Long Tak� Road � The Planning Commission recommended approval of (Continued) this variance in view of the fact that this a house already exists oh a non�-st�ndard 1ot ant� the proposed addition would not result in any � encroachment of the existing setbacks. � Paurus moved, Welsh seconded, to approve the � variance for Joseph Whitney, 840 Old Long Lake Road, as per the Planning Commission minutes of � August 2, 1976, A4otion, Ayes (4) - Nays (0) . f Henry P�uhich, Building & Zoning Administrator, VARIANCE � stated that [+lalter biassengale, 2711 Kelly Avenue, 2711 Kelly Avenue is requesting the following variances for this � proPertye � Lot Area Lot T�Iidth Required - 43,560 sq. ft 60 to 150 ' � Subject Lot - 25,000 sq. ft. Depends on locationo � Variance - 18,560 sq. fto None if located at widest point. All setback requirements will be met. � If you will note on the enclosed plat map section, you vaill find that all surrounding properties are * already occupied by dwellings. Al1 the lots in the area are of very similar size. There is � absolutely no way the dimensions can be increased and the property is sewered, I would, therefore, � recommend approval of the variance. � Planning Commission 1�Zeeting - August 2 , 1976 � Mro Massengale was present. Hank P4uhich pointed out the dimensions of the area. There is no wa� � the dimensions can be increased. The Planninc{ Commission recommended approval of this variance � based on the fact that there is no other land • available and the area is sewered and has water, i [aelsh moved, Searles seconded, to approve the variance for [^�alter P4assengale, 2711 Kelly Avenue, ! as per the Planning Commission minutes of August 2, 1976. P�7otion, Ayes (3) - Nays (0) . Councilmember Massengale abstaineda � Henry PZuhich, �iuiZding & Zoning A�ministrator, VARIANCE � stated that J. Richards, 3245 Casco Circle, is 3245 Casco Circle � requesting two variances to expand their existing dwellinge Lot requirements in this district are . one acre area and 100 ft. lot wic?tho This lot has an area of approximately 16,000 sQ. ft. and is � 60 ft. widee Therefore, the following variances �vould be necessarye 1) 5,7t�0 sq. ft. in area, and 2) 40 ° in width. (Continued) ORONO COUNCIL A�EETING HELD AUGUST 9, 1976 Page 7 The existing dwelling meets all setback require- VARIANCE � ments. The existing garage, however, does not 3243 Casco Circle meet the street setback requirementa Since the (Continued) area is sewered and the proposed addition woulc� not encroach on the reauired setbacks, I would recommend approval, •� Planning Commission PReeting - August 2 , 1976 � i�ro Richards was present and explained that he s was planning to remodel his kitchen and add a second story over that part of his house. The � Planning Commission recommended approval of this S variance for lot size and width for this addition inasmuch as it is consistent with the neighbors and on the condition that no additional variances will be required. � Searles moved, r�iassengale seconded, that the � variance for J. Richards , 3243 Casco Circle, ' be approved as per the Planning Commission minutes of August 2, 1976e Motion, Ayes (4) - � Nays (0) . Henry T�uhich, Building & Zoning Administrator, VARIANCE � stated that Larry Sha�a, 1940 Concor�ia Streeto 1940 Concordia Street is requesting a side yard setback variance for a garageo This lot is located directly across the rear lot line from the Travis Smith property, The existing garage has been found to be encroaching the side lot line. The existing setback varies from 8, 4' to 9. 3 ° . Mr. Shaw is, therefore, requesting a maximum variance of 1. 6 ° . � The neighbor, Travis Smith, is reques,ting a variance somewhat similar in nature in that the location of the existing dwelling is also encroaching the rear lot line. � Planning Commission P4eeting - August 2, 1976 � iiro & I�Zrs, Shaw were present. PZr. Shat�� stated that he received a building permit for his garage about three years ago and at that time . felt the garage was being built within the required setbacks. The Commission recommendec? ap�roval based on tre fact that it was �ui1t three _years ago with the understanding that the � location met all setback requirements. � Paurus moved, ?�Ielsh seconded, to approve the � variance for Larry Shaw, 1940 Concordia Street, as per the Planning Commission minutes of August 2, 1976. Plotion, Ayes (4) - DTays (0) . ` OROP10 COUNCIL I�EETING HELD AUGUST 9, 1976 Page 8 � Henry Pluhich, Building & Zoning Administrator, SUBDIVISION stated that developer, David Nitz, has submitted 2905 Fox Street a proposal to subdivide the Velie �roperty, 2905 Fox Street, located south of Fox Street and west of Crystal Bay Road, A very similar proposal was made by Dicon in 1974, which �r�as conceptually approved on � September 10, 1974. The original proposal included an outlot for lakeshore privileges. S This outlot has been eliminated on this proposal, ho�•�ever o This new proposal consists of 19 new lots, plus the exception which now contains a dwelling, Al1 • the ne�a parc���,s exceed the 2 acre (87,120 sq< ft, ) r. � - : mum, dry }�uildable area if the notations by the engineers are correcto Several of the lots are less than the required 200 ft. lot width. The proposal includes a 50 ° access easement for S a private road. The developer has l�een informed ' of the requirement of a park dedication fee. I am enclosing copies of some of the Council and � Planning Commission minutes regarding the original subdivision proposal in 1974. A public hearing was scheduled for August 2, 1976e Staff - July 27, 1976 ' I believe we should require more detail on proposed grades and try to eliminate any extensive runoff onto neighboring property after development (hardcover) is com�leted. � Planning Commission Pdeeting - Au_qust 2, 1976 S James Boerhave of Bather, Ringrose, [��olsfeld and David Nitz presented a map of the proposed sub- division. They explained to the Commission that ' it vaas similar to the original nroposal �aith the exception that the outlot has been removed. r�r, Boerhave explained that an overflow pipe would be installed which �aould carry the drainage to�aard the scvamp in the lower area of this property. He felt that this system would take care of the runoff, The Planning Commission and several neighbors • were concerned about this drainage and the possible change in the natural flow of water �•�hen homes, driveways and tennis courts were to be builto Th.����e was also some discussion as to whether the � road to this subdivision should be t�rivate or public, � The Planning Cor�mission tabled this matter until the next meeting to allow the developer to produce revised plans for drainage to the south and east and the method for drainage of the north��est corner down to the lake, � ORONO COUNCIL P�EETING HELD AUGUST 9, 1976 Page 9 f Henry P�uhich, Building & Zoning Administrator, VARIANCE - WAIVER OF � stated that Fred Rogers (Darrell Ste��art) , UNIT CHARGE � 3175 North Shore Drive, requests to determine 3175 North Shore Drive lot,substandard for building a dwelling, to cembine and waive unit charge. In October 1975, Mr. Stewart made the same application. I am enclosing copies of action taken during the Planning Commission and Council meetings at r that timee P�ir. Stewart is requesting a final decision on his original proposal as no decision was made by Council in December, 1975. P�r. Rogers and Mro Stewart have informed me that if the lot is found unbuildable and the unit charge is dropped, 1�Zr. Stewart' s intentions are to buy this lot, combine it �aith his and build a garage, I am also enclosing a copy of PZr. Rogers ' written request for removal from the S list of applicants on the 73-1 project. � raelsh moved, Paurus seconded, to give conceptual approval, instructed staff to draft a resolution � including amount to be waived, for final approval at the August 23, 1976 Council meeting. PZotion, ' Ayes (4) - Nays (0) . Henry Muhich, Building & Zoning Administrator, CONDITIOrTAL USE PERMIT stated that Thomas Ryan, 1060 Tonkawa Road, has 1060 Tonka�ea Road requested to store excess fill for grading of future, extra lots from proposed subdivision. rr Council deferred action until staff could review � and report to Council if request is feasible and what effect, if any, it might have on future stormwater runoff and storage. Staf_f - July 29, 1976 � The Building Inspector checked site with l�tr. Ryan, He reports that storage of existing excess ' fill is reasonable request as some additional fill might be required when and if structure is erected on second site. T�r. Ryan agreed to comply caith any conditions � that the City might want to apply such as retain- ing existing drainage and storage patterns and remouing all excess fill from excavation of any future structures, �aurus moved, Welsh seconded, to approve tlle conditional use permit for Thomas Ryan, 1060 Tonkawa Road, subject to, (1) Natural ponding area not to be disturbed, and (2) All dirt to be removed if division is not complete within 90 days. rZotion, Ayes (4) - Nays (0) . � ORONO COUNCIL PZEETIrIG HELD AUGUST 90 1976 Page 10 � Henry P�uhich, Building & Zoning Administrator, HERRICK CIRCLE , stated that the developer, Lou Oberhauser, is requesting approval to install the se�aer line and hookup to the Wayzata system as previously proposed for the Herrick Circle property. I am enclosing a copy of Resolution #k662 along with the following data pertaining to the conditions set forthe � l. Letters - Rea Sewer Plan Approval a e City of t•�ayzata b. P2etro i�iaste Control Commission co McCombs-Knutson Associate� 2. Copy of the Declaratibn o� C Venari�s, Conditions and Restr3.ct�ons �o�` �Ierrick Circle, 3, Letter from BruC� Malk��sor� to rZr. Benson 'ree modificatiori of pa�agraph number 14 of Resolution �k662. I also have one set of plans and specifications for the sewer job in the fileo I�lassengale moved, Welsh seconded, to request staff to inform the developer that all conditions , set forth in Resolution #662 shall be adhered to before an amendment to the zoning will be consider�d and that the revised sewer plans have not been resubmitted to the City Council for further revie�a and considerations. Motion, F.yes (4) - Nays (0) . Henry PZuhich, Building & Zoning Administrator, SUPrR VALU STORE , stated that the Council meeting of July 26, 1976 3333 Shoreline Drive approved site and building elevation plans � subject to incorporating french drain system as recommended by rginnehaha Creek Watershed Di�trict and payment of additional commercial sewer unit charges due on the property for Super Valu Store, 3333 Shoreline Drive. � Status report - August 5, 1976 The overall building permit for Super Valu has not as yet been issued as all conditions set � forth in the Resolution have not been met as of this date. I am enclosing copies of the resolutions and calculations for the additional se���er unit charges due. I have sent copies of both to T�ro Rod Hillstrom of Super Valu also. �Upon receipt of the proper signatures and unit charges, along with the permit fee and SAC charges, ' the final building permit will be issued. � * ORONO COUNCIL MEETING HELD AUGUST 9, 1976 Page 11 � Henry P-4uhich, Building & Zoning Administrator, COPdDITIONAL USE PERMIT �stated that the D�innetonka Art Center is Pdinnetonka Art Center equesting a conditional use permit for a � 400 sq. ft. addition to the existing Minnetonka Art Center. The addition will be used for • storage of pottery and related supplies. � Searles moved, Paurus seconded, to approve the conditional use permit for the Minnetonka Art Center. Motion, Ayes (4) - Nays (0) . • � P�r. Gerald Beach, City Forester, stated that DUTCH ELM DISEASE REPORT he would estimate that the peak year of Dutch r Elm disease in Orono might be 1980 or 1981, and the peaY disease total in one year may � approximate 8,000 elm trees. �' A���_ estimated loss in 1977 would be 1,500 trees. � If the Council moves toward a $12.50 per tree rebate, they should put a maximum amount per w resident per year. If the State matches the $12. 50 per tree, totaling $25.00, such a maximum � could be $400.00. � �s I understand it, the State will match the �.mount that the City will rebate per tree, as � �.ong as the total does not exceed the cost of � _�emoval. � An added note: the 8,OOQ elm trees disease peak i^ an estimate for trees over 6 inches in diameter. � There could be a considerable number of trees less than that diameter. It then should be ` stated that the rebate applies only to trees � over 6 inches in diameter. � P•Zr. Beach will submit a designated Forested Area Plan to the City Council in December, 1976. • � Mayor Searles and Councilmember Paurus stated that I{ENNEL LICENSE they visited the proposed site concerning the Karen Ewing � request of Karen Ewing for a kennel license. 3409 Eastlake Street P�ayor Searles and Councilmember Paurus stated � that the site does not meet proper area size to maintain adequate health standards and that • the area was too dense and compact to accommodate � four dogs. riayor Searles continued by stating that in view of the petition opposing the kennel � license and his own observations, he could not recoriri�nd approval of the application at this time. ! earles moved, Paurus seconded, to adopt Resolution RESOLUTION #704 704, A Resolution Denying Karen Ewing's Application Deny Rennel License For The Operation Of A �:ennel On Property Located At � 3409 Eastlake Street Or 225 Tonka Avenue In The City • Of Orono. fRotion, A_yes (4) - Nays (0) . � � � ORONO COUNCIL NIEETING HELD AUGUST 9 , 1976 Page 12 � [�elsh moved, Massengale seconded, that the FEDERAL REVEDtUE SHARING � Federal Revenue Sharing Actual Use Report ACTUAL US� REPORT #6 Noo 6 be accepted and ordered published. • Tsotion, Ayes (4) - Nays (0) . � ` i-iayor Searles announced that a public hearing PUBLIC HEARING DATE for the proposed assessments for the Drainage Assessments 75-1 - Improvement Project No, 1975-1 will be held Drainage at the Council Chambers at 7:00 P,M, , August 23, � 1976. ♦ . Mayor Searles announced that the City of Orono REGULAR MEETING TIM� � has changed the time for its regular Council AND DATE � meetings. The new time for the meetings will be at 7 0 00 P.Rz, instead of 7 s 30 P.P�I. , beginning � August 23, 1976, Doris Schroeder, Human Rights Commission member, HUMAN RIGHTS REPORT � addressed the City Council stating that the � Human Rights Commission has been inactive the past several months because of lack of Human � Rights cases in the City of Orono, She reported that the Commission is considering attempting � to expand their activities to other Human Services that might be available to Orono residents. � j,lelsh moved, P�Zassengale seconded, that Resolution RESOLUTION #702 � �702, A Resolution Appointing �lection Juc�ges For Election Judges The Primary Election To Be Held September 14, 1976 � And The General Flection To Be Held November 2, 1976, be adopted, P�Zotion, Ayes (4) - Nays (0) . • • Searles moved, V�lelsh seconded, that Resolution RESOLUTION #703 �703, A Resolution Revising Assessment Roll For 1970 Assessments � Sanitary Sewer Lateral 1970 For Robert Morrison, �� be adopted, Motion, Ayes (4) - Nays (0) . � i�4ayor Searles announced a meeting has been D4EETING HENNEPIN COUNTY � arranged with Hennepin County, City officials PUBLIC WORKS and staff at the Hennepin County Public i��orks r Building located at 320 L�Jashington Avenue South, � Hopkins on August 11, 1976 to discuss the proposed ring route and other future public ,� works construction in Orono. • � G9elsh moved, Paurus seconded, to adopt Ordinance ORDINANCE No. 186 No, 186, An Ordinance To Amend Ordinance No, 183 Decrease Size of Park • To Decrease Size Of The Park Commission From rtine Commission PZembers To Seven P�embers, subject to legal review, � A�otion, Ayes (4) - Nays (0) . 1 r ORONO COUNCIL �EETING HELD AUGUST 9, 1976 Page 13 � Welsh moved, Paurus seconded, to approve the CLUBHOUSE MANAGER � employment and contract for Mr. Douglas Erickson Douglas Erickson � on a contractual basis to manage the Orono Golf Course Clubhouse, and instructed staff to initiate ! the contract with Mr. Erickson, subject to legal review, Motion, Ayes (4) - Nays (0) . � i Dick Bensono City Administrator, presented a FOUR-WAY STOP SIGNS � petition from James Fullerton, Jr. which states: Willow Drive & Fox Street � This letter is a petition which I hope you will present to the Council for appropriate action, � for a 4-�7ay Stop sign at Fox and i�]illow Streets, � I have lived at the west end of what is now known as Fox Street since 1932. During this A period, I have taken almost daily trips to town 4 where my business is. It has been my custom to drive to the east end of Fox Street enroute to � Minneapolis, The traffic on Fox Street has increased tremendously. (I am also familiar � with your 6�Tatertown Road which runs parallel just north of Fox Street but I believe a ` tabulation of traffic would show heavier traffic • now on Fox Street than on ��latertown Road. ) ` When going west on Fox Street, you arrive at the intersection of Fox and ��Tillow with a totally `; blind corner to the north, so you have to edge out into the middle of Willow before you can see • what is coming. And by the way, where Watertov��n Road intersects with T�Tillow, you have a sign �' going south to the intersection of Fox and � [�7illow that says "40 Mile Speed Limit", �ohich tells the driver that he can legally hit the � intersection of Fox and [�Iillow going south at 40 miles per hour. � [��hen driving east on Fox Street, the view south at the intersection of Fox and Willow is obscured � by curve plus foliage, trees, etc. ! I have asked many people living in this vicinity their opinion of this intersection and without � e�ception they have agreed with me that it is a very dangerous crossing. I do hope this matter • �aill get your immediate attention before any serious accident occurs. • � I do hope the Council will put a 4-taay Stop sign �at Fox and Willow Streets. (Continued) • • r � , � ORONO COUNCIL tiSEETING HELD AUGUST 9, 1976 Page 14 � rZemo from John Gerhardson, Public �^?orks Supervisor FOUR-T^?AY STOP SIGNS � In 1972 , Willow Drive froM Watertown Road south (Continued) • to Fox Street was completely upgraded �aith PZSA funds. when completed, the road had a 24 foot � bituminous surface and six foot gravel shoulde�s• � In 1975, ��Tillow Drive, from the Burlington � Northern bridge s outh to Fox Street, was resurface� with a 2" bituminous mat with 8' bitur.tinous shoulders, • The upgrading and resurfacing has added to an i existing problem at the intersection of ��]illow Drive and Fox Streeto I have discussed this problem � with Lyle Swanson from rdcCombs-Knutson and he has � checked with the State of I��innesota, They told him the c�esign change of the intersection could be �, done with MSA funds. r I c��ould recommend the design change before installing a 4-way stop. The reason being that north bound � traffic on Ulillow Drive would have to stop on an i incline and uJould have problems gettinq started ac�ain during the winter. This incline could � k�e corrected at the time of construction and once completed, then consider a 4-way stope • P2ore information will be presented at the August ?.3, • 1976 Council meeting, � � Searles moved, P2assengale seconded, to hire Tom TErRPORARY LABORER Pletcher as temporary laborer in the Street Tom Pletcher � Department at the rate of $2, 30 per hour, effective August 10, 19?6. P�[otion, Ayes (4) - � Nays (0) , � • Searles moved, P2assengale seconded, to hire TEl�ZPORARY LABORER rdorman Hamman as a temporary laborer in the Norman Hamman � Street Department at the rate of $2. 30 per hour, effective August 11, 1976. Motion, Ayes (4) - � Nays (0) . • PZayor Searles announced a joint puhlic hearing to CORPS OF ENGITIEER'S � be held by the District Engineer, Corps of Engineers,r�ETIDT� � and the Commissioner of the Department of Tdatural Gray's Bay Dam Resources, or officers appointed by them, in the � City of PZinnetonka Council Chamber, 1n600 2�innetonka boulevard, Minnetonka, on the llth day of Auc7ust, � 1976 at 7v00 o°clock P.�7. , or as soon thereafter � as the matter can he heard, to construct a ��ater control structure approxirnately 8,000 feet down- • stream from the Gray°s Bay Dam as to the estahlishment of an official ordinary high water 929e4 mark for � Lalce P-7innetonka o r 1 � ORONO COUNCIL P�IEETING HELD AUGUST 9, 1976 Page 15 � DicY Benson, City Administrator, informed the ORONO-LONG LAKE � City Council that the Physical Development IDTTERCEPTOR Committee recommended construction of an � interceptor sewer for Orono and Long Lake, but indicated the area it should serve should not � include A7aple P1a�n, the IndependenCe Beach area � and the �torningside subdivis�on in r4ec�ina until further studies concerning these areas are � completedo • There will be a meeting of the Board of the W.H,A.D. MEETING V [�lest Hennepin Assessment District, Thursday, � August 12, 1976 at 7v00 A, P2. in the Orono City Hall. The purpose of this meeting is to discuss � the District's budc�ete • Dick Benson, City Administrator,informed the OPEI�T BURNING LAtiI • City Council that on Pdarch 12 of this year, • the Plinnesota Pollution Control Agenc� has banned open burning in the seven countv metro � area. The only exemptions that would he allov�ed is if a community did not have any refuse � collection service available. � Open burning in certain instances by individuals may be conducted by obtaining a burning permit • and if the individual burning is in accordance � with the requirements of the regulation and conditions of the permita � Permits are applied for on an individual basis. � The applicant applies at their local fire department, who in turn submits the application • to the Pollution Control Agency for their . approvalo � Rick Sathre, City Engineer, revie��ed his memo to NAVARRE DRAINAG� � the City Council stating that the purpose of this letter is to point out again the concern the � City Engineer has for the potential drainage problems, in the area between Blaine Avenue and • tne west Orono Village line in the Countv Road � #15 Navarre area, � As you know, the majority of Block 9 "The Tocansite of Langdon Park" comprised of Lots 1 thru 5, � toc�ether with a portion of the Navarre Heiqhts area, together with a portion of the railroad • right of way adjoining Block 9 "The Townsite �of Langdon Park" on the north, drain to an existing marshy area bordering County Road 15 on the � northerly side. This marsh is presently drained during periods of high runoff by a culvert crossing ,� under County Road 15 must not be increased, unless the do�anstream facilities are brought into � accordance with acceptable engineering standardse (Continued) 1 . � ORONO COUNCIL t•�EETING HELD AUGUST 9, 1976 Page 16 ! Draina e p y g problems resentl occur on an annual NAVARRE DRAINAGE � basis with properties ta the south of County (Continued) Road 15o Therefore, any increased runoff from • the drainage area involved would only serve to • aggravate the existing problems, � It is our opinion, that the marsh adjoining County Road 15 on the northerly side must be � maintained to provide adequate storage for runoff from the upper watershed reaches. • End of Letter � � I��Zr. Rick Sathre, City Engineer, informed the City 1g76 STREET SEALINC i Council that work on the street sealing program PROGRAt� has not commenced and a letter to the contractor � has been sent stating thata ! I��Ir< He 1 d o � As you are no doubt aware, the progress under the � contract between your firm and the City of Orono concerning the seal coating of City streets in � 1976 has been non-existent to date. The City is deeply concerned in this regard, and caishes to • expedite construction work so that the job may he accomplished cahile good weather is still with us. • � Your subcontractor, Blacktop Construction of Shakopee, tiinnesota, has approached J, L. Shealy � Company as a supplier on the aggregate specified for placement under the contract. The aggregate r specified for the job �aas FA 2 Class A according to the PZinnesota Highway Department standard • specification, � On July 23, 1976, two samples of seal coat � aggregate �aere delivered to Twin City Testing and Engineering Laboratory, Inc. for analysis � follo�aing the trucking in of first increment of aggregate material. Test results on the Shealy � material revealed that the aggregate did not meet specifications. � � Of particular concern, was the percent passing the No. 200 sieveo [^�here the first sample � revealed � 6.3 percent passing, the second sample revealec? 706 percent passing the No. 200. As � you are aware, the Minnesota Highway Department specifications for FA 2 call for 0 to 2 percent • passing the No. 200 sieve. Follo�aing the reporting � of the results to the City by T�ain City Testing, we addressed a letter to J. L. Shealy Compan_y � requesting their analysis of the situation and their suggestions as to why the material delivered did � not meet the specifications, (Continued) • � • � ORONO COUNCIL P�EETING HELD AUGUST 9, 1�76 Page 17 ! �. According to Mr. Bob Krase of J. L. Shealv 1976 STREET SEALING Company, the plant is not able at this time to PROGRAM � produce an aggregate within the FA 2 classification. (Continued) ♦ Since the City° s objective in this improvement . project is to preserve the quality of the Orono streets, the City will be willing to allow some ` slight deviation from the FA 2 classification �.� order to expedite the cc�mpletion of sealing � cNer�tions. [nTe would ask, therefore, that your subcontractor submit or that his supplier submit � a letter of guarantee to the City of Orono = outlining the specifications which will be followed for the supply of aggregate material. � Tr.e City �aill not accept material which contains � mo-re than 30 percent of the aggregate passing the No, 10 sieve, nor more than 11 percent � passing the No, 40 sieve, nor more than 3 percent pass.ing the No, 200 sieve, The average percent • p���i�zg the Noe 10 should be approximately 25 • percer�t �aith the average percent passing the rTo. 40 sieve at approximately 7 percent. You � �•�ill. note that these percentages are in excess o� � r�1�i� specification for FA 2 material. • Pl�ase have your subcontractor or his supplier • for�aard to the City a letter of guarantee for . con�o:-mance within these guidelines. At such tirce as the City has received the above lettero � the authorization to proceed with hauling of m�terial will be given. � End o� letter. r * T-�.e legal department advised the City Engineer to initiate a change order if in fact work � ctlier than what is specified is to be accomplished Gnd to notify the contractor of such. � � P�r, Rick Sathre, City Engineer, introduced Mr. CITY ENGIN�'ER � Greg Frank, registered engineer, a member of Greg Frank PIcCombs-Knutson firm. Mr, Frank will represent � his i.irm as the City of Orono's engineers to a?1e�.•� P�1r. Sathre to continue with other � ohligations that require his immediate attention at �his time. • � r-IassE.i:gale moved, Paurus seconded, that the LICENSES � fol�owing licenses, be approvede P�iotion, Ayes (4) - Nays (0) , � i��:r�n �roian Plurtbing - Plumber * uarold Ruppert & Son iaell Company - Z^�ell Driller Hayes �xcavating - Sewage Disposal Installation � � • . � ORONO COUNCIL MEETING HELD AUGUST 9, 1976 Page 18 � t�iassengale moved, Welsh seconded, that the BILLS � All Funds Accounts 3385 through 3428, 3432 � through 3489, 19371 and Liquor Store Accounts 11447 through 11465, be paid. Motion, � Ayes (4) - Nays (0) . � Massengale moved, Welsh seconded, that the ADJOURNb�ENT � meetinq be adjourned at 10e25 P.M. iZotion, � Ayes (4) - Nays (0) . � 1 , • � L �-Pt-,��� i Robert Lo Searles, Agayor J � Attest d: ..- t� ;� �-, � Walter R, B on, Cler -A ministrator • � � ! � � M i � 1 � N ! � i � • � � f �