HomeMy WebLinkAbout09-27-1976 Council Minutes �
�
CITY OF ORONO
•
�Regular Meeting of the Orono Council, 7:00 P.M.
eptember 27, 1976
� The Orono Council met on the above date with
� the following members present: Mayor Searles,
Councilmembers Butler, Massengale and Welsh.
� Councilmember Paurus absent. Also presente
City Administrat�r Benson, Building & Zoning
• Administrator i�iuhich, and City Attorney Malkerson.
•
• Mr. Dick Benson, City Administrator, stated that MINUTES
the Regular Minutes of September 12, 1976 were
� not prepared for Council approval and would be
completed by the October I2, 1976 Council Meeting.
•
� No comments from the Park Commission. PARK COMMISSION
� No comments from the Human Rights Commission. HUMAN RIGHTS COMMISSION
� Mayor Searles and Mr. Brad VanNest, Planning SUBDIVISION REVISIONS
� Commission member, reviewed the City of Orono's
policy concerning subdivision of raw land which
� states thate
�11 new subdivisions shall meet Orono's code
nd ordinances standards which will not create
� substandard lots within a given land area.
•
� Henry Muhich, Building & Zoning Administrator, COATDITIONAL USE PERMIT
stated that the Holiday Station Stores proposed 3340 Shoreline Drive
� building is located on the northeast quadrant of #162
the intersection of County Roads #15 & #19,
• currently occupied by a Texaco Station. The
Planning Comm'ssion recently conceptually approved
� a Burger King proposal made by John Lambin subject
� to several conditionse
� One of the conditions was to resolve any problems
� that might result from the trar"fic congestion at
the intersection of County Roads #15 & #19. The
• subject of ingress and egress will have to be
� cleared through the County.
� Besides the conditional use permit approval,
the proposal also requires a variance from
� Ordinance Section 38.510, which limits the
number of service stations for an intersection.
� To remove the existing station and construct a
�w facility would constitute a new proposal and,
�'�herefore, require a variance from Ordinance
• 38.510.
(Continued)
•
�
� ORONO COUNCIL r4EETING HELD SEpTEMBER 27, 1976 Page 2
� Planning Commission Meeting - August 16, 1976
CONDITIONAL USE PERMIT
3340 Shoreline Drive
public hearing was scheduled for September 20, (Continued)
� 1976 at 7e30 P.M.
� Council Meeting - August 23, 1976
� Council advised of proposed plans and scheduled
, public hearing. Staff was directed to investigate
the proposal and any adverse traffic conditions
� or esthetic considerations.
� Planning Commission I�Ieeting - September 20,1976
� The Planning Commission was concerned about the
� traffic problems that could result at the inter-
section of County Roads #15 & #19, especially now
� that the new Super Valu Store is also near this
intersection. General feeling is that this type
� of service station would generate more traffic
into this area. The proposed site plan indicates
� there would be two access points to this station
from County Road #15. Holiday would be willing
� to close off the access closest to the corner
• of County Roads #15 & #19, which they feel would
help eliminate some of the congestion at this
�intersectiona
he Plannin C
� g ommission recommended that this
• application be denied based on the followinge
. 1, Traffic hazard resulting from traffic
generating business.
• 2. Application is for additional service beyond
normal service stations in the area.
� 3. Two relatively new service stations on
corner now.
� 4. Further recommend that staff be instructed to
have ttiis application reviewed by legal counsel
• and after City Council reaches a decision, the
� City Attorney draft up resolution to be reviewed
by the Planning Commission at their next meeting.
� P�r. r�uhich also stated that he had checked the
� Holiday 5ervice Station at Wayzata and ,the record
indicated that their gallonage sales were 200,000
� gallons per week.
� P�tr. Jim Carlson, engineer representing Holiday
Stores, stated that his data indicated that the
� LVayzata Holiday Store was not selling over 100,000
� gallons per month at this time. Mr. Carlson
ntinued by reviewing a 1960 traffic study and
ther data concerning traffic safety and motor
vehicle increase as this relates to service stations.
�
(Continued)
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� ORONO COUNCIL MEETING HELD SEPTEMBER 27, 1976 Page 3
S P�Iayor Searles reviewed several concerns of the CONDITIONAL USE PERMIT
�Councile 3340 Shoreline Drive
(Continued)
� 1> Proper setback to accommodate stacking of
cars.
• 2o Ingress and egress
. 3. Left turn lanes
4o Public safety
� P•Zr. Brad VanNest commented that the pronosed
� site is contiguous to wetlands and contains
unstable soil.
�
T�,ro Carlson stated that he is not familiar with
� this particular site but felt that this problem
• could be overcome.
e Mayor Searles commented that based on new informa-
tion presented at this time, alternatives will
� require further Planning Commission review and
public hearings to determine public interest and
� other related factors,
� t��assengale moved, Searles seconded, to instruct
. P-Ir. Henry Muhich, Building & Zoning Administrator,
to enter this item on the Planning Commission°s
�next agenda for their review and recommendations.
otion, Ayes (4) - Nays (0) e
�
� Henry P�iuhich, Building & Zoning Administrator, SUBDIVISION
. informed the City Council that r1r. Tom Ryan, 1060 Tonkawa Road
1060 Tonkawa Road, is requesting approval #170
� to subdivide the two plus acre parcel he recently
purchased from rirso Partene
�
Both parcels exceed the minimum one acre area
� requirement> Both parcels requS.re lot width
variances, however, as they would be approximately
� 100 ° wide and 140 ' is required.
� The original parcel has been assessed two sewer
� v.nits under our 73-1 sewer project.
�'he availability of m:::�;cipal sewer has eliminated
the problem of pollution from private septic
� systems on substandard lots.
� d9e should consider storm water runoff into the
� lake, however. Lot 2 has some existing ponding
ar�as that we should try to protect from excessive
� fill. We should try to determine the best location
�or a house and access road. (Continued)
�
�
� ORONO COUNCIL P•'iEETING HELD SEPTEMBER 27, 1976 Page 4
e Planning Commission Meeting - September 20, 1976 SUBDIVISION
1060 Tonkawa Road
. Ryan and his attorney were presento They (Continued)
stated they were requesting approval to subdivide
this parcel into two lakeshore lots, Some
members of the Commission felt that although two
lakeshore lots would be more desirable, neither
� lot would meet the minimum lot width requirement.
However, if this were to be divided the other
� way, creating only one lakeshore lot, both lots
� would meet all code requirements. PZr. Ryan felt
that two lakeshore lots were not unreasonabie
� as it is consistent with the other neighbors and
the sewer is in front of the lots.
�
Tf1ra Ryan informed the Planning Commission that he
'� thought he was not appealing the 73-1 sewer
e assessmento After much discussion, the Planning
Commission tabled the matter and suggested Mr,
� Ryan submit a revised proposal which would meet
both lot area and width requirements.
�
Later review reveals Mr, Ryan purchased the
�property from Robert Parten whose name is
included on the list of appellants on the 73-1
sewer assessment.
T�enr Muhich
Y , Building & Zoning Aclniinistrator, SUBDIVISION
stated that Mr. Hugh Harrison, 1305 Sixth Avenue 1305 Sixth Avenue North
�North, has submitted the enclosed subdivision #172
proposal, The entire original parcel is 42e7
�acres in area, The proposal consists of splitting
off 8 acres which would remain as the site for
�the existing dwelling. The remaining 34 . 7 acres
�would be left as the site for a new home. The
access to the new house would branch off the
�existing pr�ivate drivewayo
•I'his division is not too complex so detailed
�surveys were not required, PJLr. Harrison assures
ne all setback requirements ��ill be met. We
�tvould have to have a survey of that area before
we could issue a building permit, however,
�s we would have to confirm these setbackso
�'� Fark Dedication fee of $500 ($250 per lot)
caould be forthcoming.
�lanning Commission recommended appruval of
the preliminary subdivision proposal based on the
�act that no variances are required, subject to a
�k Dedication fee and subject to the fact that
e new structure requires no variance. (Continued)
�
�
ORONO COUNCIL MEETING HELD SEPTEMBER 27, 1976 Page 5
� Several neighbors were present at the meeting SUBDTVISION
and were interested in knowing how this land was 1305 Sixth Avenue Nortr
�oing to be subdivided. No one had any objections (Continued)
to this subdivision.
, Eutler moved, S�arles seconded, to approve the
subdivision for Hugh Harrison, 1305 Sixth Avenue
� North, per the Planning Commission Minutes of
September 20, 1976. Motion, Ayes (4) - Nays (0) .
•
Henry Muhich, Building & Zoning Administrator, CONDITIONAL USE PERMI'�
stated that the Park Gun Club, 3660 Sixth Avenue 3660 Sixth Avenue Nort.
North, is requesting approval to continue their #154
� present operationo This request requires a
conditional use permito
�
. We°ve recently received several complaints about
the operation from nearby residents so Council
� might review and reconsider this request before
extending this permit, The complaints include
, maintenance, days and hours of operation, and
extent af operation,
I am enclosing a copy of the ordinance regulating
the operationa We might consider adding a few
conditions in order to eliminate any further
:omplaintsa
Planning Commission Meeting - Augu�t 16, 1976
�
Former Orono Policemano Red Daniels, was present
� at the meeting to express his concern and complaint
about the inconsistency in the hours and days in
which members are allowed to shoot. No one from
� the Park Gun Club was in attendance to present
their application. This matter was tabled until
� the next meeting. The Planning Commission asked
staff to send a letter to the Park Gun Club
� requesting that a representative appear suggesting
tlzat it is to their advantage to present their
� own case for approval of their conditional use
� permit>
,� Planning Commission Meeting - September 7, 1976
Tabled so Gun Club could submit in writing days
and hours of operation, and a site plan showing
� practical physical sound barrier that might be
• installed (planti.rtg, berms, fences, etc, ) e
Suggested to Mr, Daniels that he notify any
�ther objecting neighbors of the next Planning
ommission meeting when this request would again
be up for consideration, (Continued)
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� ORONO COUNCIL P4EETING HELD SEPTENI��R 27, 1976 Page 6
� Planning Commission Meeting - �e;�tember 20, 1976 CONDITIONAL USE P�RJ�"ZT
�he Planning Commission reviewed the proposed 3660 Sixth Avenue North
schedule of shooting dates and hours for 1977 (Continued)
which was submitted to staff on 9/17/76. The
� Planning Corimission felt there were discrepancies
in this proposed schedule and that it was very
� confusing. This matter was tabl�d until the
October 18, 1976 meeting to allaw the Park Gun
� Club time to provide more detailed information
, regarding the survey, schedule of hours and dates,
and future plans for some type of sound buffere
' The Planning Commission also recommended that the
shooting permit be extended to allow them to
, comply until a decision is reached and requested
Council approval of the exten5i.ori.
Searles moved, P�lassengale seconded, to extend the
a present permit to the Park G�in Cl.ub, 3660 Sixth
a Avenue North, to October 25, 19'�6o to allow
sufficient time for comments ��ani the Hennepin
� County Park Reserve District. A1t5tion, Ayes (4) -
Nays (0) .
� Henry l�7uhich, Building & Zoi��.ng Aclministrator, VARIANCE
informed the City Council that �tobert Johnson, 1121 Elmwood Avenue
' 121 Elmwood Avenue, has reqtie�ted a lot area #164
,.nd width variance.
�,o� A�ea Lr�t taidth
� Required 43, �pT—
� Subject Lot 25,90(� 1d0 '
Variance Request 17,66t7 40 '
� Lots 4 & 5 are listed ��c��� �'�h�1 Keller on our
property owners list, so 4�I�. �'ohnson is probably
� purchasing this property th�ougYl a contract for
deede
�
Lots 6, 7, 8, & 9 are each individually owned.
If possible, I think we should try to resolve
this problem now so we can eliminate any future
f requests for variances on exceptionalZy small lots.
, At present, the owner of Lots 2Q, 21, 220 & 23
� also owns Lot 6 for lake acc�:ss; the owner of
Lot 19 owns Lot 8; and the owner of Lot 18 owns
* Lot 9. Lot 7 is individually owned.
The huge trees on the subject lots should be
preserved if possible.
�anning Commission T>Zeeting - September 7, 1976
Tabled for more datao
lo Current survey including stakes and flags on
site to verify actual lot corners in relation to
neighboring structures and sewer manholes. (Continued)
s
ORONO COUNCIL P�IEETING HELD SEPTEP�IBER 27, 1976 Page 7
's 2o Location of new residence. VARIANCE
�o Contour map (topo) to alleviate possible 1121 Elmwood Avenue
future problems with runoff drainage, access (Continued)
and sewer line cover.
* Planning Commission P�eeting - September 20, 1976
, Applicant has not submitted necessary datae
� Henry ��uhich, I3uilding & Zoning Administrator,
s stated that Charles Farley, 2700 Casco Point Road V�IANCE
. 2700 Casco Point Road
is requesting three variances ro build an addition #174
1 to his existing home: 1) Lot area from 21,780 sq.
fte to 8,300 sq. ft, , 2) Lot width from 100 ' to
� 50 ' , and 3) Side setback from 10 ' to 8 ' , The
pronosed addition consists of a second story to
the existing dwelling. The neighbor 's house to
� the south is presently located about 20 ' from this
cor,�mon property line, This property is seweredo
s
Planning Commission I��Ieeting - September 7, 1976
�
Requested applicant submit building elevation plans
for making recommendationo
� Planning Commission T�eeting - September 20, 1976
ank P2uhich presented a side elevation sketch to
the Planning Commission which was subr�litted by the
Farleys late this atternoono Indications on the
sketch are that the addition would be 5' higher
than the existing house. The Commission recommended
` approval of the variances required for the proposed
addition to the non-conforming residence based on
the sketch provided, the addition is 5 ' higher
S than present ridge line and aoes not extend beyond
present extremities of the hou�e.
s
T�Zassengale moved, Butler secondedo to approve the
s variance for Charles Farley, 2700 Casco Point Road,
f as per the Planning Commission tZinutes of September 20,
1976o NTotion, Ayes (4) - Nays (0) .
f
, Henry IvTuhich, Building & Zoning Administrator, Lt�CD DOCIZ REGULATIONS
informed the City Council that P�iayor Searles made
� a report on the LI�ICD dock regulations and policies
at the Council meeting of September 13, 1976, The
main question on this item is in regard to Orono's
viewpoint on extending the moratorium on dock
length variances which expires January l, 1977.
�e Council referred the item to the Planning
mmission for review and recommendations. (Continued)
�
� OROY10 COUNCIL P2EETING HELD SEPTEP�BER 27 , 1976 Page 8
• Planning Commission r4eeting - September 20, 1976 LMCD DOCK REGULATIONS
(Continued)
�he Planning Commission revie��ed this matter and
ecommended that we do not extend the moratorium
� but rather enforce the 200 ' dock length established
� by the Li�ICD,
� i�iayor Searles requested Council to consider
Orono's response at the October 12 , 1976 Council
� meetingo
!
� Information is incomplete at tliis time concerning PLATTING ORDIrIANCE
the proposed platting ordinance.
�
,` Iiayor Searles informed the public that the r4ETROPOLITAN LAND
T✓Letropolitan Council represented by T2re John PLANNING ACT
/! Boland met with local officials at the TZound City
Hall September 16, 1976 to discuss the new
� Pletropolitan Land Planning Act which relates to
� transportation, se�aers, parks, and airports.
l�
Butler moved, riassengale seconded, that Resolution RESOLUTIOP7 #�715
� #�715, A Resolution Approving The 1977 Tax Levy Tax Levy
Collectible In 1977, be adopted. IZotion, Ayes (4) -
�ays (0) o
� RESOLUTION #715
� B� IT RESOLVED by the City Council of the City ot
E, Orono, County of Hennepin, PZinnesota, that the
following sums of Money be leviec� for the current
� year, collectible in 1977 upon taxable property
� in the City of Orono, for the following purposee
� For A11 Funds including P.E.RvA, $514,840v00
� BE IT FURTHER RESOLV�D that the Sewer Debt
Rec�emption Fund Levy of $34,000 for 1977 adopted
� September 4, 1963 by Resolution �23 is unnecessary
and is ordered cancelled.
A
B� IT FURTHER R�SOLVED that the Improvememt Debt
� RedeMption Fund Levy of $2,100 for 1977 adopted
� October 9, 1972 by Resolution �465 is necessary
and should be collected.
.�
B� IT FURTHER R�SOLVED that the Improvement Debt
� Redem�tion Fund Levy of $20,700 for 1977 adopted
by Resolution #556 on September 10, 1974 is
r ecessary and should be collected.
�E IT
FURTHER RESOLVED that the Improvement Debt
� Redemption Fund Levy of $91,400 for 1977 adopted
by Resolution ;k552 on August 27, I974 is unnecessary
� and is ordered cancelled. (Continued)
1
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� OROt10 COUNCIL t-ZEETING HELD SEPTEP�II3ER 27, 1976 Page 9
� BE IT FURTHER RESOLVED that a Special Levy of RESOLUTION #715
$2,200 is necessary and should be collected Tax Levy
inasmuch as this amount �vas not levied in the (Continued)
� year 1974 due to the County Auditor's error of
ommission regarding Resolution ��515 dated
t; October 9, 1973.
� The City C1erY.-Administrator is hereby instructed
to transmit a certified copy of the resolution to
�� tlie County Auditor of Hennepin County, TRinnesota.
� TTotion, Ayes (4) - Nays (0) ,
•
� Henry Piuhich, Building & Zoning Administrator, VP.RIAnCE
stated that 013:is Nelson, 4099 Highwood Road, 4099 Highwood Road
� is requesting approval for replacing an existing #178
20 ' X 20 ° garage with a new 22 ' X 20 ' garage. The
� ald garage is very badly in need of repair.
�� The new structure would be located at the same
� setback points as the existing garagee The�efore,
the side setback would be l.6 ' and the street
� setback would be lSo5' o The variances necessary
f�ould be 804 ' from 10 ' side yard and 19>5 ' from
!� 35 ' street setback requirements.
�his corner of the lot was apparently filled when
� Yie existing garage was first built to provide
grade access to the garageo The elevation drops
� quite suddenly on the west and south sides of
the garageo
•
r�ny other location for the new garage would require
� more fille The new garage would be a great
� ir�lprovement to the property without any more
encroachmento
� Planning Commission TZeeting - September 20, 1976
�
Tlie Planning Comnlission recommended approval to
t: replace their existing garage based on the fact
that the new structure would be located at the
t same setback points and any other location for
this garage would require more fill. Also, this
� ne�v garage would be a great improvement to the
� property as the existing structure is badly in
need of repair,
•
Butler moved, TIassengale seconded, to approve
• the variance for 011is Nelson, 4099 Highwood
Road, as per the Planning Commission Tiinutes
f September 20, 1976, Tlotion, Ayes (4) -
ays (0) .
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� ORONO COUNCIL TZEETITdG HELD SEPTENTBER ''i, 1976 Page 10
� Henry iquhich, Building & Zoning Administrator, VARIAI:CE
� stated that Terry Olson, 3640 Bayside Road, is 3640 Bayside Road
requesting approval for an addition to an exist- #180
, ing non-conforming situation. The proPer�y is
located in a 2-acre zoning district. A 50 ° street
, setback is required. The existing dwelling is only
35ea' from the right of way, Therefore, a
� variance would be necessary before the existing
� dwelling can be expandedo
� I would re�dmi;tend approval as the addition itself
would meet the required 50 ° setback requirement.
•
Planning Commission 2Zeeting - September 20 , 1976
`
The Planning Commission recorunended approval of
� this variance based on the fact that the proposed
� addition to the e�isting residence would meet
all setback requirements and the Olsons have
� sufficient lot area,
• Butler moved, Searles seconded, to approve the
variance for Terry Olson, 3640 Bayside Road,
� per the Planning Cor,�mission P-Zinutes of Sept-
� ember 20, 1976. l-iotion, Ayes (4) - Nays (0) .
�Fienry Pluhicho Building & Zoning Administra-�or, VARI�r10E
� stated that Phil Jansen, 1085 IIrown Road 5outh, 1085 I3row;l Road Sou�h
previously requested a variance to ap�rove a :>ide #181
� yard setback of 15' sv an addition could be made
to his existing d��elling. Council approved the
� variance June 14, 1976 (#�133) .
� During construction, P-ir. Jansen has found some
r difficulty in arranging the kitchen as he had
or_iginally anticipated, He finds he needs an
, additional 2 ° �•�idth in his kitchen. �his c,�ould
reduce the side yard setback from the or_ainally
� approved 15 ° to I3 ' . He came in voluntariZy to
� apply for another variance, The property to the
north does have a residence, but it is not located
�, anywhere near this common property line,
� Planning Commission i�Ieeting - September 20 , 1976
• The Planning Commission recommended approval of
• this variance to a 13' side yard setback so the _
Jans�ns could build the addition as originally
� designed but miscalculated on dimensions,
Butler moved, Searles secondedo to app_r_ove the
Tariance of Phil Jansen, 1085 Brown F.o�d Sc�s�h,
er the Planning Commission P�Iinutes of September 20 ,
1976. t7otion, Ayes (4) - Nays (0) .
�
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• ORONO COUNCIL TJIEETING HELD SEPTEt2BER 27, 1976 Pa e 11
g
� Sandra Larson, DFL Candidate for State Representa- DFL CANDIDATE
tive commented on her goals for a more effective Sandra Larson
�egislature and increased citizen participation
n governmente
�
• Councilmember �r��lsh left at 7 a 30 P.P�,
•
• Henry P�uhich, Building & Zoning Administrator, SUBDIVISION
informed the City Council that Edward Lehman,
� 3527 Shoreline Drive, is requesting approval of 3527 Shoreline Drive
�ubdividing his property which is bordered by ��182
� Carrian Street, Shoreline Drive, and Carman Bay.
Some of this property was approved for a multiple
• development several years ago,
� About a year ago, we approved Air, Lehman's moving
� in of a new home �aithout the subdivision subject
to a future subdivision. I am enc�.osing copies
� of the Planning Conun�ssion Minutes of July 14,
1975, for reference. 69e also approved some filling
� and grading.
• The northern half of this property is zoned LR-1C-le
� This zoning provides for SOo credit on density for
1/2 acre parcelso The southern half of the property
�is zoned one acre,
arcels A B &
, C would all require area and lot
width variances, but the total dry area of these
� parcels exceeds 1 acre which would result in
a adequate area for three dwelling units.
Parcel D is located in a one acre zoninq districte
S' T�ir, Gordon Coffin has calculated the dry area of
� Lot D to be 37, 300 sq. ft. The lot is 125 ' wide.
Therefore, lot area and width variances would be
� necessary here also.
•A public hearing was scheduled for October 18, 1976
� at 7e30 p,M,
�Henry P7uhich, Building & Zoning Administrator, LONG LAK� BOUL�VARD
�informed the City Council that some of the FIRE LANE
residents in the Long Lake Boulevard Fire Lane #183
!area have been using the shoreline of the fire
lane for swimming and docking, The two neighbors
�abutting the fire lane have objected to the group
�u�agee Th�� contend that at times larger groups
do gather here creating a nuisance. These two
arties feel they should have more privacy as this
s the understanding at the time of purchase,
(Continued)
�
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� ��ONO OOt�TCT�,. I��ETTIVG HEIiD SEPTEPRBER 2 7, 19 7 6 Page 12
� .:Tnihen we proceeded with the action necessary to LONG LA�:E BOULEVARD
�stop the activity, 18 families filed a petition FIRE LANE
equesting approval to use the area as a public (Cont i n ue d)
�, recreation area. r4ost of the people listed on
the petition attended �he Council meeting of
� September 13, 1976. A�ter much discussion,
Council �tas unable to make a decision as there
• was not enough time to review the new material
submitted.
•
� The Council then referred the matter to the Park
Board and Planning Commission for review and
� recommendations. Enclosed in this packet are
Al Olson°s memo, the petition, and letters from
� Lou Oberhauser and t•]ilbur 4desterdahl regarding
this subject,
�
• Planning Commission i�eeting - September 20,19'76
A public hearing was scheduled for October 18,
� 1976 at 7:45 P.ri7.
, 8 0 �0 P.P2,
� Henry Pquhich, Building & Zoning Administrator, SUBDIVISION
informed the City Council that Robert i��lyatt, 4220 i�atertown Road
• 4220 Watertown Road, is requesting a subdivision
of his 9049 acres into 2 parcels, (One slightly �137
R'' ss and one exceeding the S acre minimum require-
rant) , They would both exceed the minimum lot
* width requirement of 300 ° , No problem here, but
� a public hearing should be schedulede
•t'�ith the proposal, he is also requesting a
conditional. use permit to move in another house
�and garage (guest house) onto the south lot,
�which is already occupied by a residence. The
guest house would require a conditional use permit.
�The llyatts, however, have submitted a letter
as�uring us they would remove the existing
�residence within 18 months. (t�le should include
this as a condition. ) The proposal as submitted
�would meet all setback requirementsa
'�"Public Hearing - July 19, 1976
�7r. Wyatt was present for the hearing. He
�xnl.ained that his mother had recently died and
because he works and is a student he needed this
�mount of time to remove her belongings and the
existing residence. The Planning Commission
�ecommended approval of this subdivision and to
rant the 18 months variance request, This is
ject to a Park Dedication fee,
(Continued)
�
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� ORON� COUNCIL MEETING HELD SEP�'EPdB�R 27, 1976 Page 13
• Council P2eeting - July 26, 1976 SUBDIVISION
4220 F�latertown Road
�pproved preliminary subdivision. Delayed action (Continued)
� of conditional use permit until applicant submits
title opinion to the City for legal department
� to complete with stipulation requiring removal
of old structure within 18 monthse
�
• Planning Commission PZeeting - September 200 1976
� Planning Commission recommended denial of the
final plat on the basis that it is not a legal
S plat and does not meet final requirements. The
plat submitted by the Wyatts was a copy of the
� pr�liminary plat. Therefore, signature of the
surveyor was also a copye Plat does not have
� the necessary property description and space for
, signaturesa The proposal does not meet the sub-
division exceptions as a variance would be required
+ for the lot that does not meet the minimum zoning
area requirement (39,021) , The Zoning Administrator
A informed the Commission that the surveyor, Arleigh
C. Smith, had voluntarily surrendered his Certificate
� of Registration to practice land surveying as he
� is facing charges of incompetency, The ti�yatts were
advised to make the necessary changes to meet the
�requirements and to bring the plat back to the
oramissiono
�
T�Zr, Wyatt was not in attendance at this time>
•
A Bu�ler moved, i�assengale seconded, to reconsider RECONDISER rZOTION
• the motion of September 13, 1976 to grant a 511 North Ferndale Roa�
subdivision for Klaus Becker, 511 North Ferndale #156
� Road.
� A discussion was helde
• l��r, IIruce Johnson, representing Mr. Klaus Becker,
stated that the Council cannot reconsider a rnotion
� that received a 4 Ayes and 0 D1ays vote, I�'iayor
Searles reminded P��r. Johnson that he, the P�ayor,
� had relinquished his chair to Acting Pqayor
� T��assengale to attend a previously scheduled Council
meeting at Shorewood and that he did not vote on
� the motion, Dick Benson, City Administrator stated
that the record reads 3 Ayes and 0 Nays,
•
T4ro Johnson continued by stating that riro Becker
� has purchased additional property to satisfy the
requirements and that his client has followed all
rocedures set fortho �4ro Johnson continued by
�tating that he objects to the Council action to
reconsider this plat because he has never before
� witnessed the rejection of a plat. The City (Continued)
�
•
�
� ORONO COUNCIL T�EETING HELD SEPTEI✓iBER 27, 1976 Page 14
' Council was aware of what the plat consisted of sUBDIVISION
�t the time of its presentation to Council and Sil North F�rndale Road
ince that time an agreement has been made with (Continued)
• T�Ir e Becker anc� the t�layzata Country Club to
• purchase additional land to update the plat to
comply with Orono codes.
� TIr, I:laus Becker stated that he rnet �aith Tqr, rsuh�ch
� the day after the September 13, 1976 Council meeting
and arranged for a survey and a hardshell to satisfy
� Orono's requirements. �Zr. Becker continued by
stating that he then a�proached the [�Iayzata Country
� Club and received their approval to purchase an
� additional 9,200 sq. fte
� I��Ir. Becker then made arrangements to engage a
registered land surveyor to complete tlie required
� survey requirements. This survey was anticipated
Saturday, September 25, 1976, T1r. Becker stated
• he has not conpleted the purchase of the additional
• land with the t°�ayzata Country Club.
� i�Ir. Henry i2uhich, Builc�ing & Zoning Administrator,
stated that P�Zro Becker did come to his office for
� procedures o PZr o Tluhich stated that P1r, Becker
�aas notified September 24, 1976 , 4e25 P.M. that
�he Council was entering his application on the
• eptember 27, 1976 Council agenda for reconsider-
ation and that he should not further commit himself
� until Council review that i�7onday night. P2r. Becker
caas requested to appear that evening.
, I�Ia or Searles restated Orono's
y policy on not
� creating substandard lots within new subdivisionse
• T�Iro Bruce Pialkerson, City Attorney, informed the
. applicant that the City Council can reject any
preliminary plat for reasons of needing additional
� information or data in the best interests of
the Cityo rlr, Plalkerson continued by stating that
� the City can reconsider their previous motion
based on the preliminary plat is not acceptable at
� this time because:
� lo Lots are in violation of Orono's code,
� 2, Planning Commission requestecl it be referred
back to thera for further review.
� 3o Additional facts have been brought to the
Council°s attention that were not previousl�
� reportede
ae Additional land to be added to preliminar��
plat requires Planning Commission review.
bo This additional land was not brought to
the Planning Comrnission's attention.
i ce This item was entered on the September 13,
1976 Council agenda as an information or
� status iteme (Continued)
•
�
� 0_�20N0 COUNCIL MEETING FiELD SEPTEPZBER 27, '976 Page 15
� TZr. Becker asked why should the Planning Commission SUBDIVISION
� r�vie�a this plat again? 511 North Ferndale Road
(Continued)
� TZro Van Nest, Planning Commission member, answered
by stating that Lot #1 has to be determined a build-
� able lot. (Will it support a disposal system?)
The Planning Commission had a 7 Ayes 0 Nays vote
r to deny, i��ro Becker was informed to bring it back
to the Commission for further review when other
� data was availablee
� Pir, Van Nest continued by stating that Lot ��1 is
� 23o short of dry buildable land and the total plat
is 6% shorto
•
r�Iro Becker again requested to reapportion the
� lots,
�Councilmember Walter rlassengale commented that
,, there was adequate grounds to reconsider motion,
Additional land is needed to bring the proposed
�subdivision up to Orono° s standards.
•Pliotiono Ayes (3) - Nays (0} o
�IZre Johnson stated that_policies were changinge
�yor Searles reminded P4ro Johnson that the
�record and previous Planning Comrnission P7inutes
are clear.
•
Searles moved, IIutler seconded, to refer the
�subdivision for Klaus 3ecker, 511 North Ferndale
Road, to the Planning Commission based on new
�information receivedo P�otion, Ayes (3) - Nays (0) ,
•
� At 10025 P.I�7, , Robert GVyatt arrived, SUBDIVISION
4220 T�Tatertown Road
1 i4r, Robert Wyatt arrived and was asked if he
had any questions related to the status report
� previously presented to the Council by the
� Bui].dinc� & Zoning Administrator,
r T1r o ��lyatt requested the City Council to consider
his subdivision request as an exception to the
� present zoning code,
� Councilrnember 6�lalter TZassengale replied that
public interest and the applicants best interest
� is not being justly served to approve a plat when
all the information is incompletea T3r. Van Nest
lso repl.ied by stating that Tir. Wyatt does not
«eet an exception to the present code because
all conditions have not been met. The final plat
�was rejected because the plat is inadequate as
submitted and does not meet the codes or
� statutory requirements, (Continued)
�
�
� ORONO COUI�TCIL 2ZE�TING HELD SEPT�TIBER 2?, 1976 Page 16
� Niayor Sea�l�s, i�a�ormed �sr, �,�ya�t tY�at � the :P�.a�ning SUBDZVZSION
Commission and City Council would be most willing �l220 t�)atertown Road
� o review and act on a suitable plat. r9r. t^1_yatt (Continued)
• requested Council action at this time stating
that he would again want an exception to the
� zoning code ordinances and statutory requirements.
T�Iayor �earles ag�in informed Asre �Vyatt that the
� certified survey required for any proposed
subdivision v�as not performed by a licensed
� surveyor,
r i7assengale moved, Bu�ler seconded, to deny the
. plat as submitted based on the followinge
� la Plat is inadequate becausee
a. Survey is no� acceptable.
� b. Does not meet present zoning codes or
stat�itory requi�`ements.
�' c. Planning Comttlission has not reviewed
, a suitable or acceptable plate
� TZotion, Ayes (3) - PJays (0) .
� l•layor Searles informed P.�r, t�Tyatt that other
business had to be taken care of at this time
� and if he wished to discuss the Council°s
decision, he �aould have that opportunity later
�n the evening,
f
� fIenry Iquhich, Building & Zoning Administrator, SUPER VALU STORE SIGN
informed the City Council that Super Valu Stores 3333 Shoreline Drive
,+ have submitted plans for relocation of the existing #136
sign from its present location to the corner of
� County Roads �15 & #190
a The proposed location will meet required setbackse
� The area of the sign, however, is larger than
area permitted in a B-1 zone. The existing
� sign consists of two partso The area of the
upper identification sign is 108 sqo fto and the
• area of the lower portion of the sign is 64 sqo
ft, for a total of 172 sq, ft. PZaxirnum sign
� area in our zoning code in a B-1 zone is 50 sq,
. rto so a variance of 122 sq, fte is necessary.
� The applicant is somewhat pressed for time< I
do not believe changing the location of the
, existing sign would create any problenls. The
area of the structure and lot is also much larger
� than most other properties in the immediate area,
so I would recommend approval of the variance
vithout referral to the Planning Commissiono
Butler moved to approve variance on sign size
� and lighting characteristics. Motion failed. (Continued)
�
•
�
� ORONO COUNCIL T�ZEETTNG HELD SEPTEMBER 27, 1976 Page 17
� Searles moved, Massengale seconded, that the SUP�R VALU STORE SIGN
variance for a sign at Super Valu St�re, 3333 3333 Shoreline Drive
horel.ine Drive, be referred to the Planning (Continued)
� ommission, ��otion, Ayes (3) - Nays (�} <
� Butler moved, Searles seconded, that a penalty WAIVE PENALTY
� of $6035 for Cathryn G. Buehrle, 3065 Casco 3065 Casco Point Road
Point Road, be waivede 1Motion, Ayes (3) -
� Nays (0) o
•
Dick Benson, Cit� Adm�ri�.strator, in�ormed the GOLF COURSE REPORT
'� City Council that the Gross f�ro�`i� o£ August 31,
* 1976 is $29,547.73� and th� cost of operatiorls
is $21, 752,93 Z�aV�.ng a net profit o� $7, 794,80,
w This shows a gr�at improvem�nt in net in�ome a�
compared to the same period of 1975 �when tk�ere
• was a net loss of slightly over $2,000,
� The cash deficit has been reduced from ($24,501024)
at December 31, 1975 to ($15,105. 60) a� August 31,
r 197Ge However, due to the fact that the revenue
� producing operations erid abbut October lst ��hd
e�cpenses continue thrbugh December 31st, I
� anticipate a cash deficit on December 31, 1976 of
about ($22, 300.00) a This is arrived at as followso
�ash Balance + August 31, 1976 ��15,100.00j
� Estimated Revenue Balance of 1976 4,000.00
� Estimated Disbursements Balance of 1976 ($11,200.00)
. Estimated Cash Balance - December 31, 1976 ($22 , 300.00)
�' Butler moved, P�lassengale seconded, to approve a one- ONE-DAY LInUOR LICENSE
� day liquor license, October 3, 1976, for the Spring Spring Nill Center
Hill Center, P4otion, Ayes (3) - Nays (0) ,
�
� iYassengale moved to change line 3, on the last DELINnUENT SE�aER & WATER
page of the resolution for delinquent sewer and BILLS
� water bills, to read 120. F�assengale withdre��
� motion,
� Butler moved, i�assengale seconded, to adopt RESOLUTION #716
� Resolution #716, A Resolution Providing For The Delinquent Sewer & Water
Collection Of Delinquent Sewer & Water U�age Bills
� Charges o 1�2otion, Ayes (3) - Nays (0) .
�
Butler moved, Searles seconded, to adopt STREET LIGHT ASSESSAIENTS
e Street Light Assessments, SL-1, 1968
d SL-1, 1970. RZotion, Ayes (3) - Nays (0) .
�
�
�
�
• C��.'0 COUNCIL PZEETILdG HELD SEPTEP�2BER ?; , 1976 Page 18
� l�Iassengale moved, Searles seconded, that the LIQUOR LICENSE TRANSFE^
transfer of the Liquor License and Sunday Liquor Unicorn Supper Club
icense for the Unicorn Supper Club from
� eonard Lambert to Jafi�s G. Hol�z, be approved.
P4otion, Ayes (3) - IJays (0) .
�
� Dick Benson, City Administrator, informed the PROPOSED DOG ORDINANCE
City Council that on January 11, 1971, the
� Village Council adopted Ordinance No. 1260
• �Thich set certain fees for dog licensing and
impounding, The ordinance states that the dog
� license fee shall be $Se00 if issued in an
odd numbered year and $2.50 if issued in an
« even numbered year. The ordinance also states
that before any dog picked up may be released,
• the owner shall pay, in addition to any other
S p�nalties and the kennel charges, the followingo
� First offense in a two-year license period $7.50
Second offense in a two-year license period 15000
� Each additional offense in a two-year
license period 25v00
1
The fines imposed by the above schedule shall be
� based upon offenses occurring since the last
required renewal date of the license. The
llowing is a schedule of receipts and dis-
� ��rsements regarding animal controle
� Year Ended Su,_:��lus
D:�co 31 Received Disbursed (Deficit)
* 197Q $ 1,615<00 $ 3,061,44 $ (1,446, 44)
� 1971 2,868.00 2,895, 73 (27, 73)
1972 824.00 1, 885a23 (1,061,23)
r 1973 1, 779.00 2,434,75 (655,75)
1974 1, 421,50 3,039<98 (1,618,48)
� 1975 2,482.00 4,570.25 (2,088,25)
1�76* 647.50 1,128°00 (480050)
$11,637,00 $19,015038 $ (7, 378, 38)
•
r k January 1 - June 30
� The costs to the Village of Orono have been
running consistently higher than the revenues,
� the only exception being the year in which
, Ordinance No, 126 was adopted, 1971,
� The Village now contracts with P9AP5I for
ana.mal control service and uses Reo Raj as
the kennel for impoundinge The charge per
ur of patrol time is $9050. The charge per
our on a pickup call outside scheduled
patrol hours is $10.00, including delivery
� time to Reo Raj . (Continued)
�
i
`
� ORONO COUNCIL r1EETING HELD SEPTEP�ZBER 27, 1976 Page 19
` The difference between the costs involved DOG ORDINANCE
�in picking up and delivering ($10.00/hr. for {Continued)
s estimated average 2 hours) and the revenues
� collected by impounding (see impounding schedule)
is causing in part the continual deficit each
f year. Also, the disbursements each year do
• not reflect office time and administrative
time involved in issuing licenses, answering
� complaints, or calling for a pickup.
� Based on the foregoing, we recommend several
changes be effected concerning Ordinance No. 1260
� They areo
� 1. The dog license fee be increased from $5.00/$2,50 to
� $8v00/$4,OOa
2o The dog impounding fee be increased from
� $7050, $15.00, $25.00 to $20.00, $30,00 , and
� $40o00e It should be noted that several of
the surrounding communities have similar
� impounding fees to those recommendede
� Long Lake $25.00, $50s00
TtiTayzata $25.00, $35.00
� Excelsior $20000 , $35.00, $50. 00
�3, The offense period �e changed from a two-
� year license period to a one-year calendar
period, in order to simplify record keeping
,� requirementso
� 4e The three month age limit to obtain a
license be changed to six monthsa We have
� checked with the Animal Humane Society and
the University of %Iinnesota School of
� Veterinary 1�4edicine and find that the
earliest a dog can safely have its rabies
• shots is at about age six months.
T��ayor Searles requested staff to review all
� other related changes that should be included
in amending Ordinance No, 126 and submit a
� final recommendation at the October 12th
Council meeting,
•
. Butler moved, PZassengale seconded, to draft
changes in Ordinance Noe 126 for consideration
at the 4ctober I2, 1976 Council meeting.
T��iotion, Ayes (3) - Nays (0) ,
•
Dick I3enson, City Administrator, stated that FAU FUNDS
we have reviewed the September 8, 1976 Bike/Hike Trails
correspondence from the P�ietropolitan Council
� regarding the Federal Aid Urban Program,
1977-1979 Projects. As you are aware, we
� have applied for these funds for the last three
years for bike/hike paths on County Road #15, (Continued)
•
s
� ORbNO COIJNCIL A�EETING HE�b 5EP�EPZBER 27, 1976 Page 20
� Orono is very low on the priority list, thus, FAU FUNDS
tHe chances af their r�ceiving funds is slight, Bike/Hike Trails
1e can, if you so desire, reapply for these (Continued)
fundsv The paper work wbu].d result in an
� engineering cost of roughly $100,
` A�Iassengale moved, Butler seconded, to reapply
� fdr func�s for bike/hike �aths drt Courity
Road #19, iZotion, Ayes (3) y i��ys (0) ,
•
� Dick Benson, City Administrator, informed ORONO-LONG LAKE
� the City Council that the P�Ietropolitan INTERCEPTOR
��Jaste Control Commission had noted to him
� that a public hearing caould be held on the
Orono-Long Lake interceptor in the near
� future and that the City would be officially
notified of the date and location when that
� information is available,
�
Dick Benson, City Administrator, informed ORONO-riIN1�IETONKA BEACH
the City Council that P�linnetonka Beach has WATER
� requested permission from the City of Orono
to connect their water system to Orono's
• �aater system for an emergency �aater supply if
needed, PZayor Searles noted that this was in
�he public interest and demonstrates community
� ooperation for cities contiguous to each
o-ther, 1lro Benson further noted to the Council
� that 12innetonka Beach will finalize an engineer° s
feasibility report and submit that to Orono
� in the near future for our consideration.
•
Dick Benson, City Administrator, informed the NEXT COUNCIL r7EETING
� City Council that the next regular Council October 12, 1976
� meeting of October 11, 1976 is a legal holiday,
Columbus Day, and therefore should be changed
to Tuesday, October 12, 19760
•
Dick Benson, City Administrator, informed the FALL CLEANUP DAY
� City Council that the City of Orono is planning October 30, 1976
a cleanup day for Saturday, October 30, 1976
� from 8e00 A, Ma to 4030 P.PT.
�
The collection point will be behind the long
gold equipment shed at Brown Road South (County
• Road ¢�146) and Central Avenue in Crystal Bay,
next to the Administration building.
he following items will not be acceptedo
� Garbage Chemicals
Trees Truckloads (Continued)
� Brush
�
�
� ORONO COUNCIL T�EETING HELD SEPTETZSER 27, 1976 Page 21
• Leaves and small items will have to be bagged FALL CLEANUP DAY
and tied. Newspapers and all paper products (Continued)
�nust be tied securely. No scavenging wi].1
� be allowed, Orono residents only.
�
Dick Benson, City Administrator, informed the STREET DEPARTDZENT
• City Council that on September 8 and September 15,
1976, the City of Orono Public [�orks Department
� advertised for a light equipment operator
� for the Street Departmento
� Frorn the applications received, I would EA�PLOYPJIEt1T
recommend P�Ir, Dale S. Skreen, 1502 Deer Hill Dale S. Skreen
� Road, Long Lake, effective October 11, 1976 at
a starting pay rate of $5,00 per hour,
�
• T�Iassengale moved, Searles seconded, to employ
Dale S. Skreen, at a starting salary of $Sa00
� per hour, effective October 11, 1976o Pqotion,
Ayes (3) - Nays (0) ,
� Butler moved, TZassengale seconded, to extend EXTEND COP2PLETION DATE
the completion date for the traffic signal at Traffic Signal
� Highway #12 and Old Crystal Bay Road to November 5,
�1976, conditioned on all additional administrative,
ngineering and related costs to be borne by
Egan t�IcICay Electrical Contractors. r7otion,
Ayes (3) - Nays (0) .
r
� NIr. Brad Van Nest and NTr, John Guthrie, Planning COP4PREHENSIVE SEi^IER PLAN
• Commission members and Comprehensive Sewer Plan
Committee, discussed the status of the City of
� Orono's Comprehensive Sewer Plan, Pir. Van Nest
stated that the committee and the City �ngineer
� are developing urban and rural service areas
which will highlight pockets of developed areas
� that will require sewer service boundaries, The Plan-
ning Commission ��ill review the progress of the
� entire Comprehensive Sewer Plan at its next meeting.
•
� I�4r, Greg Frank, City Engineer, stated that he FAFVIEW STORM [aATER PLAiV
has reviewed the storm drainage plan for the
� Farview Preliminary Plato To facilitate your
review, we are providing the following summaryo
�
• PROIiLEPZo The landowner to the south of the proposed
development is concerned about the increased
runoff volumes that can be expected from the
evelopment as a direct result of the introduction
of impervious covers such as buildup, streets,
and drivewayso In particular, the runoff volumes
� from the drainage area formed by roughly the eastern
700 feet of the development drains to the south,
• and presents the largest potential problem to the
• adjacent landa (Continued)
i
ORONO COUNCIL AZEETING HELD SEPTEl�BER 27, 19'15 Page 22
, EXISTING DRAINAGE VOLU��iES e The drainage area FARVIE6�1 STORM WATER PLAi�1
described above consists of approximately 1'7, 3
�cres. Based on a current runoff coe�`ficient o�' �Continued)
20�, and a 100-year storm with a 20 min�i��
duration and a rainfall intensity of 6-inches/hdu�,
� the discharge from the watershed is 2b. E3 cuk��.c
feet per second,
�
. FUTURE DRAINAGE VOLUP�ESs The developer pro�t�ses
the introduction of roughly 1.0 acre� o� impervious
� covers, calculated as followso
� 6 Houses @ 2500 SF = 15,000 �F
6 Garages @ 600 SF = 3,6�� ��'
� 6 Driveways C 100 °
• X 15 ' = 9,Ot�C� 9�'
Streets @ 24' X 650 ° = 15,�i�� 5t
S TOTAL 4���C�0 S�`
• IIased on a runoff coeffiai�nt d� 50�a for these
� impervious areas and 20� �o� �he �`emaining 16. 3
acres, the 100-year storm wi 1 re�ult in a runoff
� volurie of 25.0 cfs, repre�en�irit} � 20� increase
frcm the current volum��o
• DRAINAGE PROPOSAL: To ha�1c�1� the �.i�creased drainage
�olume, the developer pi^opos�s to construct a
rainage ditch in the easeme}it area adjacent to
* the south property �iii� of tfie development,
The ditch will s���t dt rqugh�.y the west property
� line of Lot 10 and thr�n flbw easterly to a
storage pond in the southeast corner of Lot 12.
The pond will have a minimum storage volume of
5,000 cubic feet to handle the increased runoff
• volumes from the 100-year storm, calculated
as follows e (25 e 0 cfs - 20 0 8 cfs) X 20 r.iinutes X
� 60 seconds/minute - 5000 Co Fo The ponr? would
be roughly 100' X 100 ° X 6" deep on ponding area,
� We recommend approval of the drainage plan
subject to the followinge
•
• 1. The developer should provide an easement for
the ponding area,
� 2. Culverts will not irnpede or interfere with
approved drainage velocity and volumes,
� 3. Elevation of control structure at northwest
area shall be approved by the Engineer and
� shown on the final plato
4. The drainage ditch flowing east should be
constructed by the developer within the boundaries
of the easement being provided,
5, A drainage ditch flowing west from approximately
� the west property line of Lot 10 should be
constructed within the boundaries of the
easement being provided. (Continued)
s
ORONO COUNCIL I=IEETING HELD SEPTEP�ZBEI� ?_ �, 1976 Page 23
� 6. The storm water plan will be su'�mitted to FARVIEP� STORtd WATER PLAD?
the Council for final review, (Continued)
�7. Performance bond submittedo
S 8, Legal Department review and ����:-c;��1;
9. Board of TrJatershed Tianagers approval.
� Motion, Ayes (3) - Nays (0) ,
�
� Mr, Lou Oberhauser, representing b7r, Nafstad for HERRICK CIRCLE
• Herrick Circle Development, presented plans and
specifications for the proposed construction of
sewers for the Herrick Circle area,
� T7assengale moved, Butler seconded, to approve the
plans as submitted, subject too
�
• 1. Termination of public sewers at tre north-
west property line near manhole �t6o
� 2o Engineer's and �ttorney° s revie��� �nd
approval,
� 3. Performance bond submittede
4. Contract signed.
�
rlotion, Ayes (3) - Dlays (0) o
�Butler moved, tTassengale seconded, to instruct r3AVARRE REZONING
� t7ro Bruce T�talkerson, City Attorney, to proceed
with the Navarre rezoning stipulation �ettlement,
� PZotiono Ayes (3) - Nays (0) ,
�
Nir, Greg Frank, City Engineer, reviewed for P�C CAFFREY DRAINAGE
information to the City Council the status of PROBLETI
, tZr, i7aurice rZcCaffrey's drainage problem at
1065 West Ferndale Road.
� Letter to PZr, ivlcCaffrey from the City Engineer
states thate
� On January 12, 1976, our off_ice revieuaed the
• proposed grading plan for the RovicY �:-operty
at 1055 Ferndale Road West, In our review letter
� to P�Zro H, F, T7uhich, we recommended that the o�aner
be directed to retain the natural state of the low
� area along Ferndale and in the area in the northwest
portion of his property, and to construct a flat
clrainage swale bet��een the two elm trees and the
westerly property line at an elevation of 933,
This rQconunendation �•�as based on the historical
fact that the locv area ponds to a depth of roughly
5 inches before overflowingo tae notec� that if the
grading did not increase the historical level of
the pond, your property �Jould not be impacted< (Continued)
�
ORONO COUi�TCIL ME�TING HELD SEPTEP4I3ER 27, 1976 Page 24
� Based on survey data �rovided by DeP-lars-Gabriel P�C CAFFREY DRAINAGE
Land Surveyors, Inc, (survey performed on PROBLEr-�
�ovember 14, 1975) , we are of the opinion that (Continued)
! rior to any construction on the Rovick property,
��ater did historically pond on the northwest
corner of the Rovick property as well as on your
own property, In fact, the low point of the pond
� was located on your lot at an elevation of 932, 6,
with the pond overflowing at an elevation of 932,9,
� A portion of the area contributing to the ponding
includes the loc,t point in the street opposite
� the pondo
The aforementioned surveyors further noted on
� June 14, 1976, that some black dirt was apparently
placed on your property filling in a portion of
� the pond, but that the lowest point on the area
still coincided with the low point determined
� in their original survey.
� 6�e have not surveyed the outfall from the pond
since the completion of construction� on the
Rovick property. Howevero our understanding is
that the outfall elevation has not been altered,
and therefore, construction would not have
increased the size of the pond that is comman
to your property and the Rovick propertyo
�2 0 05 A, I�7, SUBDIVISION
* 4220 taatertown Road
P�lr, Robert Wyatt again requested the City Council #137
� to grant an exception to the present codes and
statutory requirements and approve the plat as
submitted. P�layor Searles, Dick Benson, City
Administrator, and F1r. Bruce T�ialkerson, City
Attorney, again reviewed the requirements that the
� City has requested with total success of other
applicants for similar plats and informed the
� applicant that the Planning Commission would
review and act on a suitable plat that was not
in conflict with Orono°s Comprehensive Guide Plan,
Butler moved, Searles seconded, that the LICENSES
following licenses, be approvedo P7otion,
S Louis He Peter Company - Plumber
• Buchman Plumbing - Plumber
Butler moved, P�assengale seconded, that the BILLS
All Funds Accounts 3758 through 3800, 3801
through 3839, 19380 and Liquor Store Accounts
11531 through 11552, be paid. rZotion, Ayes (3) -
lays (0) .
�
ORONO COUNCIL P-IEETING HELD SEPTEPZBER 27, 1976 Page 25
� Butler moved, fsassengale seconded, that the ADJOURNMENT
�eeting be adjourned at 12 0 30 A, h1. n4otion,
yes (3) - Nays (0) .
• � �� •�`� ��:
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Rohert L, Searles, t�Iayor �
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Attes�: �
Walter nson, Clerk-Administrator
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