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Home My WebLink About09-13-1976 Council Minutes � . � .ORONO COUNCIL MEETING HELD SEPTEMBER 13, 1976 Page 2 P�assengale moved, Paurus seconded, that in light SUBDIVISION � of the lesser degree of the variance required, 511 North Ferndale Road moved to conceptually approve the preliminary (Continued) ' subdivision, subject toa � le verify that Lot 1 will, in fact, support an onsite disposal system. 2. Variances will not be allowed for setbacks. 3. Document easements to North Ferndale Road. • 4. Verify all easements and covenants as requirede 5e SubMit required park dedication fees. Tdotion, Ayes (3) - Nays (0) . Paurus moved, Butler seconded, to approve the CONDITIONAL US� PER4IT elevation plan and conditional use permit for 222Q �9ayzata Boulevard � rflilliar.i �aear, 2220 Wayzata Boulevard, per the �1�7 • Planning Commission minutes of September 7, 1976, u�hich stateo � lo The property is located in a B-1 District. 2, _�'he letter of no objection from the State Department of Highways (rea traffic and access. ) 3. Previous Council approval of concept for � service station (August 21, 1972) Tiotion, Ayes (3) - Nays (0) , � Henry Tluhich, Building & Zoning Adninistrator, CONDITIONAL USE PERI�lIT stated that the Parlc Gun Cluh, 3660 Sixth Avenue 3660 Sixth Avenue North North, is requesting approval to continue their ¢�154 , present operation. This request requires a conditional use permit. � �^le have recently received several complaints � about the operation from nearby residents so Council might revie�� and reconsider this reguest before extending this permit. The complaints include Maintenance, days and hours of operation, � and extent of operationo I am enclosing a co�y of the ordinance regulating the operation, We might consider adding a few conditions in order to eliminate any further complaints. Planning Commission PZeeting - August 16, 197G Fo_mEr Orono Policeman, Red Daniels, was present • at the meeting to express his concern and �omplaint about the inconsistency in the hours nd days in which rmembers are allou�ed to shoot, No one from the Park Gun Club u�as in attendance to present their application. This matter was tabled until the next meeting. The Planninq (Continued) � ORONO COUNCIL T�EETING HELD S�rTFl4BFR 13, 1976 Page 3 � �Commission asked staff to send a letter to the � Park Gun Club requesting that a representative CONDITIONAL USE PERP•ZIT apnear su�gesting that it is to their advantaae 3660 Sixth Avenue rTorth � to present their own case for approval of their �Continued) conditional use permit. Planning Commission PZeeting - September 7, 1976 Tabled so Gun Club could submit in c��riting days and hours of operation, and a site plan showing practical physical sound barrier that might be installed (planting, berms, fences, etc, ) Suggested to P�r. Daniels that he notify any other objecting neighbors of the next Planning Commission r'�eeting when this request would again be up for consideration, � Paurus moved, IIutler seconded, to adopt Resolution R�SOLUTION #710 �#710o A Resolution To Deny Lot Area And TM1lidth For Addition To Residence On Substandard Lot for 3580 Dlorth Shore Driv� Frank Sla�ason, 3580 North Shore Drive, because �`161 � the proposed addition would result in extremely dense conditions (12 ° between main structures on both sides of subject residence) and part of the � proposed addition would be built within the 75 ° lakeshore setback requirement resulting in additional non-filtered starm water runoff into �ake PZinnetonka. The City Council also requested the Building & Zoning Administrator to inform the applicant to submit another plan, P�Iotion, Ayes (3) - Nays (0) , � Paurus moved, Butler seconded, to approve the request for Harr Skr RIPR`�P Y ypec, 3675 North Shore Drive, 3675 North Shore Drive '� for riprap, on condition thate #�163 � l. Standard customary rock of 12" diameter or more he used. 2o Documentation of approval of other intereste�. � agencies. � Motion, Ayes (3) - Nays (0) , �3enry I7uhich, Building & Zoning Administrator, VARIANCE # stated that Robert Johnson, 1121 Elmwood Avenue, 1121 Elmwood Avenue is requesting a lot area and width variance. ;�164 Lot Area Lot t�Tidth Rec�uired 43,560 1 0 Subject Lot 25,900 100 ° �riance Request 17,660 �p� Lots � & 5 are listed uncler John Keller on our prnperty owners list, so TZr. Johnson is probably purchasing this property through a contract for deed. (Continued) � . . � � .ORONO COUNCIL MEETING HELD SEPTEMBER 13, 1976 Page 4 , Lots 6v7v8o & 9 are each individually ovmed. If VARIANC� � possible, I think we should try to resolve this 1121 Elmwood Avenue problem now so we can eliminate any future requests (Continued) for variances on expeptionally small lotse At present, the owner of Lots 20, 21, 22, & 23 also o�ans Lot 6 for lake access; 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, Planning Commission PZeeting - September 7, 1976 + `i'a��led for more datao R 1< Current survey including survey stakes and � flags on site to verify actual lot corners in relation to neiRh�oring structures and sewer manholes. S 2. Location of new residencee 3, Contour map (topo) to alleviate Possible ,�, future problems with runoff drainage, access and sewer line cover. � Paurus Moved, Butler seconded, to approve the COl`�BINATION & VARIANCE� combination of Lots 9, 10, & 11 for Bruce Garlock, 1179 Elm�aood Avenue 1179 Elmwood Avenue, and variance for accessory #168 �uilding suhject to Planning Commission minutes of September 9, 1976, which statese l, P•decvly proposed garage does not exceed 24 ° X 24° � diMensions and structure be built as far back s as Possible from front lot line located ap�roximately in the center of the lote i 2e Any old or new grading resulting in hazardous dropoff exceeding 3° would require protective � rail or fenceo 3, Removal of partially cut elm. Front and side yard setback variances also approvedo ` i`iotion, Ayes (3) - Na_ys (0) e � * i3utler moved, 1'�lassengale seconded, to adopt RESOLliTION ��711 R�•solution #711, A resolution approving the 3340 Shoreline Drive final plat for 315 East Grant Corporation, #109 3340 Shoreline Drive, subject to receipt of confirmation from Surveyor Gordon Coffin that �roposed split would follow high ground contour �950 ° elevation) but no park dedication fee equired> Motion, Ayes (3) - Na_ys (0) e � � � ORONO COUNCIL P4EETING HELD SEPTET��BER 13, 1976 Page 5 � I3utler moved, Paurus seconded, to adopt Resolution RESOLUTION �712 �712, A resolution approving the final plat for 2608 & 2610 Mapleridge Lao � ICern Hoppe, Etal, 2608 & 2610 Mapleridge Lane, #114 subject to Planning Commission minutes of • September 7, 1976, which state thato w Final plat nou� provides a buildable site whereb�� any new residence could be located so as to meet lakeshore setback requirements. Also approvec� ,S lot width variance on condition that no other variances would he necessary and park dedication • fee being paid. PZotion, Ayes (3) - Nays (0) . • � Butler moved, Paurus seconded, to approve the VARIANCE request of a variance for David Steward, 630 630 Park Lane � Park Lane, per the Planning Cor,�mission minutes #171 of September 7, 1976, �ahich state that because � of the impracticality of any future encroachment of this common lot line by the owners of the land i to the east as the steep hilZ to the east would • discourage such proposal, the Planning Commission recommends approval. P-Zotion, Ayes (3) - Nays (0) , • e Henry I�Iuhich, Building & Zoning Administrator, SUBDIVISIOrT stated that a revised subdivision proposal was 3175 Sixth Avenue North � submitted to the Planning Commission by Robert #�145 DTiichel, 3175 Sixth Avenue North, The Planning • Commission reviewed the revisions iahich included S the change in the access as suggested hy the Hennepin County Public Works Department. � The Planning Commission reacted favorably toward � the new proposal as the revised right of way would also provide access for properties if anv future • divisions were made, � The Planning Commission recommended approval of � the preliminary plat, Some of the members expressed an interest in conservation easements � over marsh areas and small landlocked dry areas. � Paurus moved, Butler seconded, to give concentual preliminary approval for a subdivision for Robert • Niichel, 3175 Sixth Avenue North, subject too � 1. Conservation easement over all wetlands and � potential wetlands. ?_o Verify ingress and egress easements. � 3. Submit park dedication fees. � i-�otiona Ayes (3) - Nays (0) e � At 8 e 20 P.P�. , P-2ayor Searles arrived and Acting � r�iayor Massengale relinquished the chair to riayor Searles, • � • � ORONO COUNCIL r�1EETING HELD SEPTEP4BER 13, 1976 Page 6 � Playor Searles announced that the Lake r4innetonka LMCD DOCK COMMI�4ITTEE Conservation District Dock Committee met to discuss the current moratorium on c?ock lengths in • Oronoo It was noted that length variances i��ere c�ranted to Orono last year. r�ayor Searles stated � that the committee recommends that all docks in Orono conform to the established requlation � Ja.`:uary 1, 1977, - � The matter will he entered on the Planning Commission agenda and the next Council agenda • for review. • � r�r, Richard Petrin, 1520 Long Lake Boulevard, PETITIOrT - IVY LANE requested the City Council to maintain the IW � Lane lake access on Long Lake Boulevard as a neighborhood beach area. • Dick Benson, City Administrator, presented and + read the petition ��hich stated thato � i�?e, the residents of Dakota Avenue and Long Lake � Eoulevard wish Ivy Lane to be kept as is, u�ith divinc� dock raft and �s�aimming beach privileges � f_or our neighborhood. � R�chard Ao Petrin Paul Johnston � Ro�in Eo Cracaford George Ao Olen Robert L, Innes Thomas Odean ` Christine Coplin Cliff Odean �etty Petrin Karrie Odean � Leu� Capron Gerald A. Severtson Ann Capron Ardis J. Severtson • IZarie Stubhs Fielen F. Truman Donna Crawford Charles Ea Truman • P��ildred Seen James E. Coplin � Anita Gardner Jim T�eyhe John VJ, Gardner Bernice iae�he � Frances L, Piickie Richard Engman Douglas i�Tiller Rrch Michie � Barbara P?iller Jim rZoravek Steven Johnaton Colleen P-loravek � Cindy Engman � Other documents enterer� into the record areo � Alan P. Olsona Assistant Builc�ing & Zoning r Administrator, reported to Henry l'2uhich, Building & Zoning Administrator, that the fire lane at � 1.�'5-1545 Long Lake Boulevard consists of a steeply sloped wooded hillside running bet�•aeen • street and lake. The shoreline is invisible from �l,ie road making policing, control or iMprovement dif_ficulto Council action in July of 197?. denied � a request hy [•7esterdahl at 1545 Long Lake Boulevard for vacation of the fire lane on grounds that it � c,�as necessary f_or fire department access to the lake. � (Continued) � _ � � ORONO COUNCIL I•iEETING HELD SEPTETZBER 13, 1976 Page 7 � Recent concern about this fire lane stems from P�TITIOr1 - IVY LAA1E the middle of July this year cahen staff received � a complaint from t�lesterdahl alleging improper use of the fire lanee • Investigation revealed an.unlicensed outboa�d boat, � a floating dock, and a fixed dock on the fire lane � right of wayo [^]hen the ownership of the items could not be confirmed, red tags �aere applied � advising that they should be removed. At this pointo neighhors Crawford anc� Petrin circulated • their petition requesting the opening of the fire lane for neighborhood access, The new ou�ner at � 1545 Long Lake Boulevard, Richard r2urlowski, has � complained about continuing use of the f_ire lane, �ecent inspections have shown that the boat and ' dock have not been removed, Use of the fire lane as nu�lic access would seem to raise questions � about City liability in case of accident. • T�ieMo from John R. Gerhardson, Public [^lorks Sur�er- • visor, to Dick �enson, City Administrator, states thato � Ivy Lane is a platted unimproved street that runs � south from Long Lake Boulevard to Lonq Lake. � �l'here is a disagreement between the neighbors in the area as to �•�hat Ivy Lane can be used for. � � I have talked to TIr. Richard Ilurlowski, 1535 Long Lake Boulevard; r�Trs. Donna Crau�f_ord, 1540 Lang � Lake Boulevard; and T�r. Lew Capron, 1525 Long Lake Boulevard, � PTr, T��urlowski lives next to Ivy Lane anc� has just • moved, ino He was told by the former owner, rZro ��7esterdahl, that Ivy Lane was a fire lane only � and not for public use, � According to P�r, rZurlowski I • for a swimming heach and recr ationearea�andgthee� other residents in the area have put up a dock � and have a swimming raft there now. Iie feels the amount of use by other people in the neighbor- w hood is an invasion of his privacy, �lus the fact � that it is an illegal use of the pronert_y if it is so designated as a fire lane. � iirs, Donna Craw�`ord insisted that Ivy Lane is a lake r access and they should be allowed to use it as a s��imMing beach for their neighborhood only. • �Zr. Lew Capron stated Ivy Lane has been used by the neighborhood for several years, but this year � several neighbors got toqether and cleaned up the area, which accounts for the increased use. {Continuec�) • + ! � . ORONO COUNCIL r.EETING HELD SEPTET�IBER 13,1976 Page 8 � Several other people in the area feel that part of I3r. T�Iurlowski's driveway is on ivy Lane and PETITION - IVY LAiVE � he is piling wood and dumping brush. (Continued) • I informed everyboc?y to try to resolve the problem themselves, I.f the City is to get • involved, it �aould require a legal opinion and ` a survey and it would be time consuming an�? costly, and I would recommend against having � a puhlic swimming beach there. � Letter to the City Council from T�lilbur i+Iesterdahl statesa � It has been brought to my attention that yau will � have before you, for consideration, a petition � requesting that Ivy Lane, of_f of Long Lake Roulevard, be designated as a public beach allowinc� for a � ?�oat docko diving float, and swimming and nicnic nrivilegea. � • In that it ��as my comr�laint, as the former propert_y • oo�ner, registered with the Planning Director anc� , Building Inspector°s offices of the Village of Orono that has precipitated this action by a � few of the residents of the area adjacento perha�s a few comments are in order, - • �'irst of all, the offices of the Planning Director • and the Buildinc� Inspector are to be commended for the expeditious rtanner in which they res�onded � to my coMplaint. � At the time we purchased the property at 1535 Long � Lake Boulevard, which is directly adjacent to Ivy Lane, ��e inveatigated the legal character of_ that � area known and identified as Ivy Lane. !^]e were informed by the IIuil�.ing Department of the 'Jillage • of Orono, the Fire Marshall of the Villaqe and • tize neighbors that it was a fire lane dedicated for the protection of the residents of Lone� Lake roulevard in the event of a fire as there cvas no i �-�ater available through stand pipes ancl hydrants. • Y Let me cite the problems that we faced and that � caused us to take the action that we did in . lodging our complaint. � le Last summer some of the children (and perhaps adults) fished off the dock on ivy Lane throwing � dozens of bull heads into a boat half filled with stagnant ��ater which a�as beached at the dock. It � �•�as several days ?�efore we realized the pollution � and rot. It required us to diq several large holes to hury the some 90 rotting and stinkinc� fish which • ��ere carelessly left by the fishermeno (Continued) � • � � ORONO COUNCIL MEETING HELD SEPTEP�IBER 13, 1976 Page 9 ! 2e There was serious threat to our property PETITION - IVY LANE caused by burning debris on the fire lane, (Continued) � At one time this summer, our trees and shrubs were burned causing damage to the foliage and � annoyance from heavy smoke that drove us and � our guests from sitting on the deck of our homeo There were also barbecue fires on � several occasionse ,� 3. The unleashed doqs alloc•�ed to range over our lawn and beach messing the areas with their • droppings was a continuous problemo At times � the.re were 6 or 7 unleashed dogs in the area and on our Property. + 4. There was uninhihite� use of our property as ` a beach i•�ith toys and de�ris litter.inR the area as well as boats beachPd on our shoreo • 5, There were times �ahen there was uninhibite� � use of our dock for sun bathing, swimming � and fishing. On several occasions boats have hit our dock causing damage to our � property. � 6. The steps and lawn on our property, along with the fire lane, have been used for • running to and from the lake without our � permission, This being accompanied by bicycles and toys being left in the street, � on our driveway and in the fire lane, which has been very annoying not only to us }aut � to other neighbors anc� those making regular deliveries in the areae � 7. At times this past summer, there have heen � 20 to 25 people, plus a half dozen dogs (unleashed)', � s�aimming, boating, barbecueing, drinking, picnicing and all that goes caith it on a small � fire lane. It presented a serious threat to our proPerty. • For the four years of our residency on Long Lake a �oulevard, we sought to be neighbors of peace �nd understanding. However, this past summer this � situation became so annoying and gave us great � concerno � The seeming disregardp and at times extreme carelessness and lack of concern, of others rights � as nroperty owners brought the situation to the point of my filing the complaint. • my studied judgment, the best interests of a responsible citizenry and the adjacent property � owners would be best served by reserving the use of Ivy Lane as a fire lane only, with its care � a.nd order being the joint responsibility of the �nLmediate contiguous property o�anerso (Continued) � � • ORONO COUNCIL MEETING HELD SEPTEP�BER 13, 1976 Pa e 10 g � In respect to the present property owners at PETITION - IVY LANE 1535 Long Lake Boulevard, your action to assure (Continued) � this is requested, • Letter from Louis B. Oberhauser to the Orono City Council statesa • � I have been contacted by PTr. Richard P�lurlows)ci, 1535 Long Lake Boulevard, Long Lake, P2innesota, � regarding an existing problem concerning Ivy Lane, and I would like to ask a few minutes of your time � �o review �•�ith you my client°s existin_q problem and suggest to you some of the considerations that � I teel are important in arriving at an equitable + solution. � PZy client has recently purchased a home located on Lot 19 , Albee° s Long Lake Ad�itiono and � immediately to the west of said lot there is a 25 ° public road and street easement vver the • casterly 25 ° of Lot 18, My client°s lot is 60 ' in width at the rear and 66 ' along the lake- � shore, The actual width o� the lot is nrobably � 55 ' measured on a perpendicular line. rZr. PZurlo�aski° s house lies adjacent to Ivy Lane � and the activities that occur on ivy Lane directly a�fect the ability of Mro P�urlowski to enjoy his � Property, Since moving into the house, Ivy Lane has been used for picnics and barbecues, s�aimming • beach, boat mooring area, and a dock and swimming raft are kept there, He inquired of the City � whether these activities were permissible and � the City has red taggec� these activities. Suh- sequent to the City red tagging these activities, � a petition was circulated within the neighborhood a�king that these activities be allo��ed to continue • even though they do interfere with the ability of adjacent lot owners to enjoy their property and � are contrary to established policy. � The Ivy Lane problem is in microspect a City wide � problem because there are numerous undeveloped public streets and fire lanes g.iving access to Lonc7 � Lake and Lake P�Zinnetonka and throughout the City of Orono, The existence of these facilities • presents two problems for the City, the first � being the question of what kinds of development should be allowed on these access strips, and � secondly, if development of these access strips is going to be allowed by the Village who shall � have a right to install and maintain man made structures as accessory uses to these access points, • he City has long recognized that the mulit-use *' aevelopment of lake access points to be used both � as a swimming facility, fishing facility, and boating facility would be an absolute folly, and (Continued) • � w i ORONO COUNCIL f7EETING HELD SEPTEr4BER 13, 1976 Pa e 11 g � in the few areas cahere the City has actual knowledge, pETITION - IVY LAD1E of construction of accessory uses, these facilities (Continued) � have been constructed by the City and maintained by the City, and the use of these facilities have � been limited to swiruning with other competing and uncompatihle uses prohibited. The City has spent � many hours considerin the uses to non-residential lotsulocated�onathesshores � of the lakes Taithin the municipality. The Citv has � decided that accessory uses should not be permitted because of the overall determental affect upon the i lakes and the unfair burden that this t_ype of use would impose upon adjacent property owners, property � ocaners who were required to construct a principal � residence on their lakeshore lots. If this particular strip of land caas privately oU�ned, the City would not � alloc->> the development of this parcel hy the construction of man made facilities, especially over the objections r of adjacent property owners. It would hardly seem fair that the }?ublic ownership of said property • �aould subject the adjacent property owners to uses � whicti are in excess of �ahat the City �•�ould permit had the property been privately owned. � At the �resent time, the Cit has ta � that have been installed without thegCitytseappPovalments at the end of Ivy Lane, and has requested the removal • cf the samee The Council is being asked to approve and give their blessing to the continuation of � these uses and is being asked to establish a � precedent that the construction of nrivate dockage, boat mooring, swimming rafts and numerous other � structures is an acceptable use of Ivy Lane and all of the other undeveloped public streets and fire � lanes within the City of Orono. • T:�e Council is well aware that if they should give � their stamp of approval to this type of use that they are opening up pandora°s box as there will � '�e numerous requests from other areas with similar access points for the development of fire lanes � and undeveloped public streets. Once you allo�� the intrusion of one man made facility, the Council � is then faced with the task of ascertaininq whether . or not one dock or two docks are proper, whether the docks can only be 50 ° or 300 ' in length, and � �ahether these docks can moor one or t�•�enty boats, c�hether picnic tables can be installed, and the � other development problems that can arise in this type of situation, � The only justification for not vacating the fire • lanes and undeveloped public streets that give S �ccess to the lakes within the City of Oreno is for fire protection and the existence of some form of � public goode The necessity for fire protection is present until at such time the Cit_y has installed � an adequate *nunicipal water system and the existence � (Continued) � . . ORONO COUNCIL P�ZEETING HELD SEPTEFZBER 13, 1976 Page 12 � of the question of public good will always be PFTITIOrt - TVY LAN� present ��ith regard to access point, The {Continued) existence of these access points in their undeveloped state does allow the off shore residents the ability to reach the lake for swimming purposes. The construction of private � facilities or even privately constructed facilities � which are used by the residents in total, subject to the benevolence of the benefactor is a private � benef_it rather than *�ublic benefit. The City has long recognized the fact that these access � poinrs cannot support multiple uses and that for this reason the maximum public good is � promoted by leaving them in their undeveloped � state and allowing them to be available as access points for the use of the lake for swimming purposes, � and that the private development of the same is contrary to the interest of the adjacent property � owners and the public. � Also, the development of these areas b_y the introduction of man made structures as an accessory � use to the public streets and fire lanes may make � the City responsible for policing and maintaining these facilities, and the City may become the � insurer of the citizens that use these £acilitieso �� These are obviously three solutions to the question of c•�hat should be done with the public streets and fire lanes �aithin the City, The first sotution � is to vacate these streets and fire lanes and elininating the problem in its entirety based � upon the assumptions that they served no public purpose. (2) To develop the public streets � and fire lanes by the construction of docks and other use facilities and to provide the necessary • police and supervisory personnel to control their . useo (3) To prohibit the introduction of man made structures, ��hich will constitute an � accessory use and limit the use of these access points to those uses that can he mac�e without the � assistance of man made facilities and which do not interfere with adjacent property ownerso • ��ith the exception of a few publicly maintained A swimming areas, which have constituted a continuous � source of administrative headaches, the City of Orono has elected the last of the above solutions, � that being limited the use of the fire lanes for those uses that can be made without the assistance � of the introduction of accessory structures. • It is T�7r, P-Zurlowski°s request that the City maintain �ts long established policy with regard to the c�Pvelopment of these access points, an� that the + use of Ivy Lane be restricted to a fire lane and that no docks, rafts, boats or other man made � structures be permitted to interfere �aith this usee (Continued) • � � OROPdO COUDICIL PZEETIrdG HELD S�PTEr�2B�R �;, 1976 Page 13 � I�iayor Searles informed the petitioner tha� the PETITIOTI - IVY LANT' Council, Planning Commission, and Park CcTM:mission (Continued) � c•:ill review the matter for Council �-�ct�.on �t G • later date, � Iienry T�luhich, Building & Zoning Administrator � stated that an application was made by TZrs � � FOSTER HOrZE t2rs. Lawrence B�no and the Hennepin Coi:�^ty u818 �orth Shore Drive � t°Jelfare Department for a foster care and shelter �t173 care home at 331� North Shore t�rivee Tn 3;�=ief, � the applicant will be moving to the above ad�ress � and u�ants to continue to provide foster ca:�e for tc,�o children and temporary shelter car� for ti��o � additional children, The household 4J�` ila.C�r �here- fore, consist of two parents, three na�L-u-ral (inclu�ling � adoptive) children and four foster childY�no � The proposed residence is on a 3/� acre 'e-� in a . L�-1C, 1/2 acre sing?e family resid�nt_�_�l zcneo The zoning code c�efines "faraily" as ca iJl.Jtina of * "an individual, or two or more persons eac'1 related by blood, marriage or adoption, living togc�her � as a single housekeeping unit; or a grov.�� o� r_ot more than four perso�s not �o relut`c3� ma.�.y��,ining � a conunon hou�efZold, " � Council DSeeting - �ugust 23, 1976 � Referred to the Planning Commission for fur`:zer � study and pending receipt of 4pplicahle statiztes frora Attorney, • August 31, 197G � P-1s. Julie �shling Allen of Hennepin Co�nt�� Foc�er � xiome Services call�d me toc?a_y. S?ze i:n.�_orm�ci me she wou?d be att��ding the Planning Co*~-::i,�io�� • meeting on Septe�nuer 7, 1976 to answe�- �ny q�,��ctions that might arisc. ' • � Planning Cor�riiGsion iieeting - Septemher 7, I976 IZs Allen left before this itern came up fo_r � considerat�on, Scheduled public he�rirc� f�Y • October A, i976 at 7 0 30 P.r•T. �to x�rovi��c .�eic�'�.t�o.rs v�ith the opporttlnity to respor.ci to '�'-�i� r�.�.,-� �equest. � T�4.�. Beno was c�uitP persistent on eYx��c'i�ii�� the A p��posal, The Plunning Ccm,��nission then ar�ormPd rZr, Beno they croti�d still schedule �;I<e puul�.c reari�c� • l:ut ceouid also reconsiaer the propotial at ;��e Planning . C�mmission meetir.g of September 2'), 19rG or. conditien �v�� receive de�inite direction from t.�e ^�_ty ��ttorney ri which cas� �vP could then cancel i.he scLe i.��1ed public hearinqo � • (Continu�d) • � � ORONO COUNCIL MEETING HELD SEPTEP4BER 13, 1976 Page 14 � Councilmember Pdary Butler stated that she has FOSTER HOP4E received many phone calls from interested 3�1� North Shore Drive � neighbors and residents totaly in favor of the (Continued) Peno Foster Home proposal, Councilmem}�er t��alter � Piassengale stated that a public hearing on this � matter would not produce any further information that was not already before the City Council. • r-ir. John G. Eidem, a nezghbor of the proposed � foster home spoke in favor of P�ro Lawrence Beno°s request. � • naurus movedo Butler seconded, to approve the request for r7r. & r1rs, Lawrence IIeno and Hennepin � County �lelfare Department for a foster home care shelter at 3�18 North Shore Drive. P�otion, � lyyes (4) - Nays (0) e � iiro Art Lee, Iiennepin County Director of Public TANAGER LAKE �3RIDGE � [•�orks, and T4r. Don Speilman, Bridge Engineer, � presented to the City Council preliminary plans to replace the Tanager Lake bridge located on � I�ennepin County #15, P4r, Lee stated that the p::oposed ne�� bridge would be 36 ° �,�ide versus the � present u�idth of 26 ' with a 150 ° improvement on each end, P-2r. Lee commented that Hennepin • C�unty is requesting conceptual prelininary � approval of the hridge plans. The proposed construction schedule is for 1977 or 1978 if_ � funding is availableo Every attempt u�ill be n�de to coordinate construction with the proposed � Long Lake-Orono se�ver interceptor, � Faurus moved, Butler seconded, to approve the • preliminary proposed plans to replace the Tanager L:ake bridge subject to final plans being � �u}�mitted as previously discussed. rsotion, Aye� (4) - Nays (0) . a � Ilenry A�uhich, Building & Zoning Administrator, SUPER VALU STORE �.nfor�ned the City Council that the construction 3333 Shoreline Drive � ::�: the Sup�r Valu Store located at 3333 Shoreline #13G Drive is progressing on schedule, The elevation � ?-�id building design is according to the approved � plans, I�?re Rod Hillstrom, Super Valu representative, ':�s assured us that a bike rack will be included i =n the final completion of the building. � i1r, Gordon Tanke requested Council to reconsider RECONSIDER I�iOTIOP7 � ':�heir motion of the August 23, 1976 Council meeting 1440 Baldur Park Road �dhich directed him to remove his old garage before #�165 a new structure is constructed. PZr, T.anke stated �:hat his hardship was in finding a building to � lloase his personal belongings that he is now storing (Contin>>ed) � r � � . ORONO COUNCIL MEETING HELD SEPTEMBER 13, 1976 Pa e 15 _ g � in the building, If the City Council would allow �2ECONSIDER MOTION him to complete his newly proposed garage, he 1440 Baldur Park Road � �aould then transfer his personal effects and remove the old existing building not later than �Continued) ! April l, 1977, � Paurus movedo Butler seconded, to reconsider the � motion of August 23, 1976 for Gordon Tanke, 1440 Baldur Park Road. Motion, �yes (4) - Nays (0) , • P�Iassengale moved, Paurus seconded, to approve the • agreement as signed by Mr. Gordon Tanke, 1440 Baldur Park Road, allowing him to construct a � new garage on said property and to remove old � structure by April 1, 1977. The hardship being that the owner does not have adequate housing � to store personal belongings while new building is being constructed, P4otion, Ayes (4) - r]ays (0) . � • Henry r�luhich, Building & Zoning Administrator, PTETROPOLITADT PLANNING ' informed the City Council of an informal meeting ACT P2EETING at the Mound City Hall, at 5341 Pdayv�ood Road, � Thursday, September 1�, 1976 at 7a30 P.r7. of the I�Ietropolitan Council. • The main purpose of this meeting will be to • discuss the T�letropolitan Planning Act. The meeting will also give us the opportunity to � exchange views on other issues relating to your � community and the TZetropolitan Council. I am interested in hearing your personal views a?�out � the problems facing the Metropolitan Area. � �lected officials and key administrative officers from several communities in the P�[ound. area are � being invited to the meeting. Thanks are due to � the PTayor and the P�ound Council for their kindness in hosting the occasion. � Paurus movedo Butler seconded to a • � ppoint Alan APPOINTMEr1T P, Olson, Assistant Building & Zoning Administrator,Alan Olson as Orono°s representative to the r�Ietro Council • concerning the P-Ietro Land Planning Act. Plotiono • Ayes (4) - Nays (0) , • I�iayor Searles also announced the Septemk�er 16 , 1976 meeting at PZound of the Rietropolitan � Planning Acto � Henry AZuhich, Building & Zoning Administrator � informed the City Council that a new 1`letro Council T�NSPORTATION PLATd Transportation Plan has been submitted which requires further study, Orono has requested the P�Zetro agency to forward extra copies of the plan • to uso � • � ORONO COUNCIL I�lEETING HELD S�pTEMBER 13, 1976 Page 16 � Henry Muhich, Building & Zohing Administrator, SOLID L�IASTE CONTROL � informed the City Council that Orono is in receipt of a Solid t^Iaste Control Report from � the P4etro Council. � This T-ietro report addresses itself mainly to the future construction and operation of solid �aaste � recovery systems. Public or nrivate applicants for solid caaste recovery installation permits are � given policies and guidelines for system inclusions � and permit application procedures. The impact on Orono shauld be limited to the following: � lo Remote (but ossible) P pressure to locate � future landfill disposal sites within Orono. County government has been encouraged to � identify all future disposal sites for 1990 • needs, 2. Little change in current collection systems, � only change in collector destination. � 3, Current costs for low density collection here is offset by the short haul to nearby landfills, � Changeover to recovery systems will probably • see such installations located closer to the core cities than pxesent land:Eillse Therefore, � the haul from Orono will �e longer and the unit cost for collection will most likely rise. 1 � The Platting ordinance revisions �aas deferred PLATTING �ORDINADICE until the meeting of September 27, 1976 when � additional information will be available, � � Accessory building zoning for garages was ACCESSORY BUILDINGS deferred until the meeting of September 27, � 197G when additional information will be availableo � � Butler moved, Searles seconded, to adopt RESOLUTION #�713 � Resolution #713, A Resolution Relating To Suhurban Nursin_q Distric� Participation In The Suburban Hennepin County � Tlursing Districte Motion, Ayes (4) - rTa_ys (0) , � Butler moved, Searles seconded, to change the CHANGE P�EETING DATE � Orono City Council meeting of October 11, 1976 October 12, 1976 . to Tuesday, October 12 , 1976 at 7: 00 P.r1. due to the regular meeting date being Columhus Day, � a legal holiday, T��otion, Ayes (4) - Nays (0) . � � � � ORONO COUNCIL MEETING HELD SEPTEMBER 13, 1976 Page 17 � Searles moved, t-7assengale seconded, to approve LARGE ASSEMBLY PE�IIT the large assembly permit for St. i�iartin°s by St. P�4artin°s by the Lake �the Lake for a Country Fair to be held at the �linnetonka Art Center. P•?otion, Ayes (4) - Nays (0) , � Dick Benson, City Administrator, stated that the 1976 SEAL COATING PROGRA°.�I , Plans & Specifications for the 1976 Seal Coating Program as submitted by the City Engineer, approved � by the City Council, advertised, and successfully bid by the Skeets Held Com�any are clear and � precise, Section 2-35 does define Rejected [�1ork and PZaterials, and Right of Owner to Terminate � Contract, After many meetings with various ! people, prime contractor, subcontractor and material suppliers, it is evident that the � contractor cannot supply the correct material. � The contractor assured us that even though the material that was desic�nated for Orono° s project � was used on another project, they ��ould process . the correct aggregate as specified and complete Orono's project as originally plannedo On � August 25, 1976, the contractor was asked if he in deed hac� read the specifications as submitted � and if, in fact, felt that he would want to request an extension of time to complete the contract. �He rep�lied that he would meet all requirements of the specifications by August 31, 1976e � Due to the inability of the contractor to meet the (1) Original Specifications, (?) The Change + Order #�1, which would have allo�ved for a lower specification requirement, (3) The Completion � Date, it is evident that the contractor has not prepared himself sufficiently in advance to � insure Orono an adequate job performance. � Due to the hardship to the City of Orcne and the � late date, I recommend approval of the City°s intent to terminate the contract of Skeets Held, Inc. � Following are letters and memos leading to the � termination decisione � August 9, 1976 letter to Skeets Held, Inc, from • Rick Sathre, Engineere � �s you are no �c1:bt aware, the progress under the contract between your firm and the City of Orono � concerning the seal coating o� City streets in 1976 has been nen-existent to date, The City is deeply concerned in this regard, and wishes to �expedite construction work so that the job may ��be accomplished while good raeather is still with us, (Continued) � OROP10 COUNCIL MEESING HELD SEPTEtZBER 13, 1976 Page I8 . Your subcontractor, Blacktop Construction of 1976 SEAL COATING PROGRAi`� Shakopee, r7innesota, has approached J. L. Shealy yCompany as a supplier of the aggregate specified for placement under the contracte The aggregate specified for the job was FA 2 Class A according to the PZinnesota Highway Department standard • specification. � On July 23, 1976, two samples of seal coat � aggregate were delivered to Twin City Testing and Engineering Laboratory, Inc. for analysis � following the trucking in of first incrimate of aggregate material. Test results on the � Shealy material revealed that the aggregate did not meet specificationso � * Of particular concern, was the percent passing the PTo. 200 sieve. Pmere the first sample revealed � 6, 3 percent passing, the second sample revealed 7.6 percent passing the No. 200. As you are aware, the Piinnesota Highway Department speci- fications for FA 2 call for 0 to 2 percent � passing the Noo 200 sieve. Following the report- . ing of the results to the City by Tcain City Testing, �ve addressed a letter to J, L. Shealy � Company requesting their analysis of the situation and their suggestions as to why the Material � delivered did not meet the specifications. According to r1r, Bob Krase of J, Lo Shealy Company, the plant is not able at this time to proc�uce an • aggregate within the FA 2 classification. • Since the City°s objective in this improvenent 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 in � order to expedite the completion of sealing operations, �^�e 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 materialo � The City c�ill not accept material ��hich contains rnore than 30 percent of the ag_qreqate passinc� � the r]o, 10 sieveo nor more th�n 11 percent passing the rto. �40 sieve, nor more than 3 percent � passing the r1o. 200 sieve. The averaqe percent passing the No. 10 should be approximatelv 25 percent �aith the average percent passinct the No. 40 � sieve at approximately 7 percent. You �aill note that these percentages are in excess of the TZfID � sPecification for FA2 material, � (Continued) � ORONO COUNCIL P1IEETING HELD SEPTEMBER 130 1976 Page 19 Please have your subcontractor or his supplier 1976 SEAL COATING PR0�12AT�1 forward to the City a letter of gu•arantee for (Continued) �conformance within these guidelines. At such time as the City has received the above letter, the authorization to proceed with hauling of � material will be given. August 30 , 1976 memo from John Gerhardson to Dick Benson, stateso � S February 27, 1976, the City of Orono received and opened bids for the 1976 seal coating and bituminous � overlay program. �t that bid opening, Skeets Held seemed to be the low bidaere Other bidders � complained that Skeets Held could not meet the specifications because he did not have a self- � propelled chip spreader as called for in our specifications. P1r. Joe P�7elsness from Skeets Held argued that his equipment did meet specifications. ilr. t�. R. Benson instructed me and the engineer to r.take a physical inspection of their equi}�mento � I tried to contact P�ir. TZelsness that same afternoon to find out where the equipment was. P•�r. Tlelsness was not available and I u�as not able to find their • equipment. I could not find their equipment yarde i�Iarch 1, 1976, the City of Orono received a letter �from Skeets Held, Inc. listing various municipalities they have done work for and stating that cae could inspect their equipment at their yard ��ithin � thirty dayso i�Iarch 2 , 1976, the City of Orono received a letter frorn Skeets Held, Inc. stating that the_y will use a Flaherty Chip Spreader for the Orono sealing program. � iiay 13, 1976, the City of Orono received a letter � from Blacktop Construction Company stating that they ��ere going to do the sealcoating for themo T•Zay 17, 1976, I received a letter from Blacictop ' Construction listing references we could check. By tdiay 21, 1976, the City Engineer and I had checked ` with these different municipalities and received favoraule comments from all of them. Shortly after that, we discovered the contracts had not been signed and returned by Skeets Held, Ince Everything to do with contracts, insurance and subcontractor was resolved and anproved by the Orono City Council June 14, 1976. July 20, 1976, Shealy Construction hauled in �approximately 190 ton of granite chips aggregatee July 21st I checked the material and felt a gradation test should be done. 1�IcCombs-I:nutson �icY.ed u� two sariples and sent them to Twin City Testing and Engineering Laboratory, Inc. for analysis. The results of that test indicated the aggregate did not meet specifications. (Continued) ORpNO COUNCIL P�ETIr1G H�LD SEPTEt7BER 13 , 1976 Page 20 -From the results of that test P-Zr. Bob KraSe from 1976 SEAL COATING PROGRAi�� Shealy Construction informed Mr. Rick Sathre (Continued) from rScCombs-Knutson that they could not meet �the specifications called for. At that time, it was agreed by our engineers and the Orono staff that we would change the specifications somewhat S so that they could meet them and a change order was dra��n up for approval of the City Council. July 22, 1976, the City o.f Orono received a � letter trom Skeets Held, Inc, wanting to }:no�� S when �ve v�ould be ready for blacktopping and sealcoatin�� August 2nd, I informed Skeets FIeld that due to budgetary limitations, the City would not do the bituminous overlay but we were ready for sealcoating any time, August 18th, Shealy Construction hauled in nore aggregate. I checked r�aterial and felt �e needed another test, and also noticed way too much moisturee � August 25, 1976, a meeting was held in the City of Orono Administration Office to deterrnine S what could be done to complete the sealcoating proyram. Present were Orono Administrator hlr. T�7. � Ro Benson, Public 6Vorks Supervisor John Gerhardson, iicComUs-Knutson �ngineer's Representative Greg �rank, Skeets Held Sales Representative Pir. Richard eltier, Shealy Construction Representatives Tir, Bob �:rase and T�Tr. Lowry Smith. From that meeting, it was suggested by Itr. Lowry Srnith and agreed �y Orono staff that 23 to 25 ton of aggregate caould be hauled in at no charge to cor:lpensate for the � great amount of moisture. t-Zr. Smith also guaranteed that specifications would be met and e7radation , tests would be made at their pit periodically to assure us getting proper material and that moisture , content would not exceed 40. I••Ir. Smith �aas very upset about the problems with the project ancl suspected a conspiracy by Orono and stated he would never bid another project in Oronoe ��e inforrled T•Zr. Smith that we caould also test ` material as often as we felt it was necessary. August 26th, more raaterial caas hauled in and the old material was loaded and hauled out. Tlie fourth load hauled in was �ampxed and -taken to Twin City Testing for analysis. The results of that test �vere received by us, approximately six hundred ton had been hauled in. r2r. Rick Sathre informed Skeets Held of the results. �t was agreed by P�1r. Benson and myself that it would be impossible to complete the seal coating program for 1976 and decided to try to set aside the funds from this year and apply the monies to next year's program if it is possible. (Continued) s Oi�ONO COUNCIL 1!ZEETIIVG HELD SEPTERIBER 13, 1976 Page 21 August 30, 1976 memo to Dick Benson, City Adminis- 1976 SEAL COATING PROGRAM trator, from John Gerh�rdson, Public t�orks Super- (Continued) � visor, statess As you are aware., we have been having problems ` with the street sealing program fUr the City of Orono, There seems to be one stumbling block after anothere [�e have had several meetings �aith the engineer, communications with the contractor S and subcontractor, and discussions with the aggregate supplier. Tc•aice we have had to reject � the aggregate because of not meeting specifications. At this late date, it seems �uite evident to me that the specifications cannot be met. t^�ith only two �aorking days left before the completion date, I cannot see how this project can be completed. I �oould recommend cancelling the project for this year and trying to save the � monies allotted for this year and add them to the 1977 sealcoating projecta � Letter from �:ick Sathre, City Engineer, to Dick Benson, City Administrator dated Septeml�er 2, 19760 � Tlie purpose of this letter is to recommend to the ` City of Orono a course of action to be taken to terminate the Contract between the City of Orono ana Skeets Held, Inc, ; said contract agreement covering the proposed seal coatinq and bituminous street overlay for the City of Orono. Under the provisions of the contract documents, namely, Section 2-35 of the Specifications entitled "Right of the Owner to serve written notice upon the Contractor and his Surety of the Owners intention � to terminate the contracte This right of termination � may be exercised if the Engineer certi�ies, in ��ritinc�, to the Owner that performance of the work ` under the contract is unnecessarily delayed. � In addition, it may be terminated if the terms of the contract are not being met or the worl: is � not substantially completed within the time 6 narned for its completion. Under the provisions of the contract specifications, c��e hereby certify to the City of Orono that the contractor has been unable to meet the provisions of the specifications in regard to materials to be supplied for use as sealcoat aggregate. The completion date established for the contract was August 31, 1976 and no sealcoating has been ��erformedo Continued ( ) �. OROIdO COUNCIL P•ZEETING HELD SEPTEP�BER 13 1976 � � Page 22 The attached tabulation sheet shows the results • of five tests for gradation of the seal coat 1976 SEAL COATIT�IG PROG.?2Ai1 � aggregate material that were performed by T�ain (Continued) City Testing and Engineering Laboratory, Incor- � porated. You will note, the gradation limits liave not been met and the contractor has been � unable to furnish material which meets the Liinnesota Highway Department Specifications, • 3127 for FA-2 T�laterial, In addition, the linits proposed under Change Order No. 1 to the contract � which would modify the FA-2 gradation limit � requirements have not been met. Since the completion date as set forth in the contract documents is � August 31, 1976 , the seal coating in this geographic region should not be done after S September 15, 1976, due to temperature conditions, it is our opinion that an extension of the completion • date for sealing on this project would not be � in the best interests of the city. , September 3, 1�76 letter to Skeets Held, Inc. from ��alter R. Benson o • ihe purpose of this letter is to notify Skeets Held, • Inc. as contractor for the Orono Seal Coating and Bituminous Overlay Project for 1976 of the � City°s intent to terminate the contract between ��Skeets Held, Inc. and the City of Orono under the provisions of the contract agreement and � documents as outlined in Section 2-35 of the Specifications for the subject project. • Paurus moved, Searles seconded, to adopt. REsoluticn RESOLUTIOI� #714 � 3�714, A Resolution to terminate the contract m between Orono and Skeets Held, Inc. for 1976 erminate Contract � Seal Coating and Bituminous Overlay Project. Skeets Held, Ince � Plotion, Ayes (4) - Nays (0) . • Butler moved, Paurus seconded, to approve the � salary increase for Patricia Higus, Orono Li uor S�'ARY INCREASE Store, from $2.9p per hour to $3.10 per hourq Patricia Hiqus � effective September 6, 1976. l�otion, Aves (4j _ • I1ays (0) ' � i�ick Benson, City Administrator, stated that in PLATTED STREET � July of 1976, I��r. Fred Ryan of 1345 North Arm Drive requested that the City mow a piece of Park Drive • ground on the northwest corner of Park Drive and County Road 151, insisting that, according to � a plat map, this is ark it raowedo I have checkedptheeplatamapsainlour ffice and have checked with the Drafting Depart- :ent at IIennepin County. There is no record of a designated park for that piece of c�round, nor � cloes it say why that property has "park" stamped on ite It does indicate that it could be a platted (Continued) • • � ORONO COUNCIL P'lEETING HELD SEPTENIBER 13, 1976 Page 23 • - aut not improved street. The City' s Policy in PLATTED STREET • the past has been not to rtaintain platted but not Park Drive � improved streets. The same policy should apply (Continued) to this particular piece of property. • S The status report for the Orono Golf. Course will GOLF COURSE REPORT be presented at the meeting of September 27, 1976. • � Tiayor Searles announced that the City Council and BUDGET I�ZFETIDTGS � staff inet at 6s00 P.i�, to discuss the �roposed 1977 budget, A budget meetinq has been set for � September 16, 1976 at 5a30 PeP�I. and Septem}�er 27, 1976 at 6 a 00 P.i�e • • Dick Benson, City Administrator, informed the 13IKE/FiIICfi TRAILS • City Council that he discussed with i�ro Jim T'101da Hennepin County Planning Department, their rec�uire- � ment for Bike/Hike Trails along County streets, There are several facts that T��ro [�lold relayed to � me that are important to consider before committing the City of Orono to a long range Bike/Fiike Trail � pbogram. � 1. The City of tZinnetonka and the City of [^Tayzata � are the only participants to date that have applied for County assistancee • 2e There are three classifications of trails: • a. First Class. Separated trails for cars, hikers and hikes. � b, Second Class. Bikes and hikers share � trails, cars are separated. c, Third Class. Same as Second Class, only � difference is Class 1 and Class 2 are maintained by City; Class 3 is maintained � by Hennepin County. � There is no deadline f_or rec�ue�ting County funding. � r7r. t�old stated that Hennepin County does not � favor a Class 3 trail, but does favor a Class 1 or Class 2, which can be funded on a 25% County, � 30% City, 45o State grant basis which will be administered by the City and maintained by the Cityo • IIefore a plan is submitted to the Countv, the City i should evaluate the environmental impact and inform � the affected residents of their intentionse � I feel, at this time, that the staff should research � all details with T•1r, [ao?d and report to the Council as an agenda item at a later date. Bike/Hike Trails are an essential recreational service to our residents • which should not be treated lightly and does require planning to deterr�line, if in fact, blacktop shouldering • or trails setback from the street, or both, would � provide a Iong range soluti�n to Orono°s program (Continued) �rP � T r' - � � ' CITY OF ORONO � Regular P2eeting of the Orono Council, 7:05 P.M. � September 13, 1976 � The Orono Council met on the above date �aith the following members presente r�ayor Searles, Councilmembers Butler, Massengale, and Paurus. Councilmember [aelsh absent. Also presente City � Administrator Benson, Building & Zoning Adminis- trator P�uhich, and City Engineer Frank. City � Attorney Whitehead arrived at 8040 P.P7. P!tassengale moved, Butler seconded, to approve the t�iIl`tUTES �Iinutes of the Regular P�eeting of August 23, 1976, subject to amending bottom of Page 7, to add #5. Public versus private ownershin study. � P-Zotion, Ayes (4) - Nays (0) . a • P�Iayor 5earles announced that the City of Orono ASSESSr2ENTS held the required public hearing reviewing the 1975-1 Storm Water ` 1975-1 Storm iaater Project at the August 23, 1976 Project Council meeting and, at this time, the assessment � roll be entered on the agenda for Council adoption. � Mr. Greg Frank, City Engineer, stated that all w proposed work related to the project has been completedo � I3utler moved, Paurus seconded, to adopt Resolution RESOLUTION �709 � #709e A Resolution To Adopt Assessment Roll For Assessment Roll Project 1975-1, Storm T�later Project. P�otion, � Ayes (4) - Nays (0) . � , No co�nments from the Park Commission. PARK COP�4ISSIOPt � No cc��Zents from the Human Rights Commission. HUr�IA�1 RIGHTS CONIRiISSION � No comments from the Planning Commission. PLA1�1rTIN� COtM2ISSIODI � P'[:� : I3ruce Johnson, representing PSr. IClaus SUBDIVISION i Becker, 511 North Ferndale Road, stated that 511 North Ferndale Road 40,000 sq. ft. per lot would be more equitable #�156 than the 43,560 sq. ft. (one acre) as no�� required � by ordinance. At 7: 32 P.T�I. , T�Iayor Searles relinquished his chair to Actir.g P�ayor �^�alter Massengale statinc7 that � he huc� to dttend a Council meeting at Shore��ood • and �,�ould return in approximately ?� hours. �cting T�layor P�Zassengale discussed the proposal for the Becker subdivision stating that he did not cor�sider the proposed parcels as any adverse impact on the North Ferndale area. (Continued) � ORONO COUNCIL TIEETING HELD SEETEMBER 13, 1976 Page 24 � - Dick IIenson, City Administrator, continued by BIKE/HIK� TRAILS • stating that the bike/hike trails were discussed (Continued) � at the August 23, 1976 Council rieeting, The end result being to contact Hennepin County and request � them to include trails in their five-year construction program. As discussed in the letter � to the City Council August 2?, 1976, there is a need to establish a planning process before a • definite commitment is made from Orono. S If the City Council agrees, I will proceed with � notifying the 13ike/Iiike Trails Committee to prepare a complete feasibility and cost partici- * pation report for Council approval and final submission to Hennepin County. i �" Massengale moved, Butler second.ed, to notify the • Bike/Hike Trails Committee to prepare a complete � feasibility and cost participation renort f_or Council approval and final submission .to Hennepin � County, TSotion, Ayes (4) - Nays (0) . • Dick Benson, City Administrator, stated that a APPROVED COUNCIL TiINUTES r letter was sent to the Commission which stated that in an effort to curtail costs as previously � discussed with the Park Commission Chairman and �iiuman Rights Chairman, the City of Orono has �stablished a policy to eliminate mailing approved � Council minutes and other material to the various Cor.imissions and interested residents and to have � the material prepared for all members to be picked up at their regularly scheduled meetings. At � todays mailing co�ts, this procedure does save us � approximately $1, 300,00 per year. � It is important that the Commissions do hold their meetings at the Council Chambers as originally � scheduled in order to effecuate this policy and also allow resident participation at all regularly • scheduled meetings. It should be noted that Council minutes are not prepared for public information S until they have been officially approved at the � following Council meeting, � [•]e have all experienced escalating postage costs as �aell as other related costs. Your cooperation � would be greatly aPpreciated, Please feel free to call the City of_fice if there are any questions, � � Dick I3enson, City Administrator, stated that S��IINE FLU CLINICS � systems are a go for two community Swine Flu �linics to be held in the City of Orono, the rono rIiddle School, P-2onday, Pdovember 22, 1976 at 5 0 00 P,T�o to 9 0 00 P.T�T. and the Freshwater • Biological Institute, Tuesday, November 23, 1976 at 10 0 00 A, P•7, to 2 a 00 P,PI, � (Continued) • � OBONO COUNCIL b1E�TING HELD SEPTEP�BER 13, 1976 Pa e 2 � g 5 ' The Flennepin County Health Department will SG�IIDIE FLU CLINICS • administer the entire program including all (Continued) � news coverage, Star, Tribune, Sun and PZaverick newspapers, radio, poster and flyers, etc. Each � comriunity ��ill receive further information and details at a later date. • � Dick I3enson, City Administrator, infornled the City HUT�1 RIGHTS COT�II�ZISSIOZI Council that the Human Rights Commission will call • a meeting for the 23rd of September at 7a30 P.A-Io � to discuss future goals and member status. � Mro Greg Frank, City Engineer, stated that the t^7ILLOi^I DRIVE PROJECT � majority of the work on the [�Jillow Drive project is completed. All that remains i� the stripinq • and some seeding. [•Je expect that this work will . be done within the next month, at which time, the project will be finalled out. � The seal coat work which Buffalo Bituminous did r at their ocm expense to correct the unsatisfactory surface of the street has also been completed. • • ilr. Greg Frank, City Enqineer, stated that the TRAFFIC SIGNAL �Contractor for the school light project, Egan- #12 & Old Crystal Bay i:icICay, requested by telephorie that a time extension Road � be granted for the cornpletion of this project. Accordinr, to the contract documents, all work was � to be com�leted by August 15, 1976. The basis for the time extension is that the Contractor has • experienced delays in receiving electrical equipment necessary for the project completion. �' Once the equipment is available to the Centr.acto�, � final project completion ��ould require one additional day of work. • I^le have requested that the Contractor submit a � written request for a time extension, including the reasons for the request, • � Our recommendation to the City is to defer action until that time at which the request is received, � ��hich should be within a weeko The Contractor has performed all work to date in a satisfactory � manner, • PIr, Greg Frank, City Engineer, submitted to the SCOTCII PINE LANE � City Council a drainage and utility easement for �rainage Easement � the Scotch Pine Lane area. The easement will e reviewed and signed for the September 27, 1976 ouncil meeting. • � � � ,O�tONO COUNCIL rdEETING HELD SEPTEr�IBER 13, 1976 Paqe 26 • � ' P•1r, Greg Frank, City Engineer, stated that we HERRICK CIRCLE t have revie�aed the plans for the Herrick Circle � project and offer the following commentss � l, The alignment of the sewer along Old Long Lake Road has been altered such that the � seu�er is located along the east edc�e of the pavement. [^7e are in a_qreement caith this � revision. HoU�ever, the proposed sewer does not service all lots. tfle recommend that all � lots should be sewered. � 2o The Contractor should be required to have the � road open nightly for local access. i�le further recor�mend that construction should � not be permitted before 8e30 A. P�. or after 4:00 P.P1, • 3. The Developer should be reauired to furnish a � performance bond to the City, and should be � required to provide inspection during construction. � �o Final acce tance of the P project should be � subject to our inspection and written acceptance of the facilitiese • � If you have any c�uestions relative to the ahove or desire additional inforMation, please advisee � � P�r, Greg Franlc, City Engineer, stated that he FARVI�T�� ADDITION received the proposPd storm water plan for the � Farvie�a addition today at 2s00 P.P1, , September 13, 1976. Since there has not heen ac?equate time to • review the nlan, 2 recommenc� the City Council � enter this on their next agenda for _f_inal engine:-.rinq recor.lmendations. � � iIro A11an T< nuello, representing Farview Properties, � reviewed a letter from the First National. F3ank of TIopkins which stated: • TIr. Terrance Johnsona • � On revie�ving our conversation about youur plot in Orono, I can see that you would have a big problerl � deveoloping these lots without the dedication of the road to the City of Orono. It is our policy not � to finance a home on a lot that does not have public access. In checking �,�ith the I'HA, they do finance • suhdivisions; however, the entire project must be • reviecaed by the �nqineering Department o� the FH_A �and recommendations would he mac�e from them. In summary, I would say that it would be very advisable � to you to insist that the roads qiving access to these lots be approvec� b_y the Village ancl dedicated to them< • � (Continued) � � . � ORONO COUNCIL T�ZEETING HELD SEPTEP2BER 13, 1976 Pa e 27 • . q � I am sure they will ask you to meet certain standards FARVIEW ADDITION • as to drainage; however, I cannot see that this iaould (Continued) � be a big problem. I am sure that you will find that any individual that might buy one of your lots would � be very reluctant to buy without public access. The main problem being future maintenance, snow removal , � and so forth. • B, [a. Watson, Vice President r i�1r, Greg P'rank, City �ngineer, presented a letter � fron Al1an To nuello written to Farvie�e Properties, Septem.ber 9, 1976, that statese • At our meeting on September 8, 1976, there �aas � consic�erahle discussion of the roadway ��ithin Farvie�a and whether or not it should be kept as � a private roadway or dedicated to the public. � As you know, one of the principal considerations , today in platting is the possibility of future title problems and ohjections. Good and legal � access is extremely important and if this access is not dedicated to the public, problems can develop, • . It is my understanding that FHA will not issue a mortgage loan if there is private access. I am �told in fact that they will not even accept an application in such a situation. • I am further informed that the Federal National • Plortgage Association prefers public access over private access, and the same is true of Governmental � National P�ortgage Association. These t��rv private • agencies are in the business of buying mortgages on the secondary market from banks, and they prefer � to not deal in situations where there is private access hecause of possible future problems. • It would be my advice based upon the above to attempt • to dedicate the street in the plat Farview to the public. � Letter to City Council from Greg Frank, City Enqineer, � September 10 , 1976 states> � As you are aware, the Council requestec� on August 23, 1976, that the developer on the subject project suhmit • a drainage plan for our review. The Council °s approval of the plat was continqent upon our reviewing anc� � approving certain dr.ainage problems,��:-hich were expected � to be completed by the date of this letter. � S;.nce the August 23, 1976 meeting, the engineer for the eveloper has phoned us on several occasions to discuss he drainage, Iioc�Tever, to date, we have not received any correspondence or documents for review purposesa • As a result, we reQommend that the Council c�efer f_inal acceptance of the preliminar_y plat until that time at � �vhich an acceptable solution to the drainage problem � is resolvedo (Continued) � �QRONO COUNCIL PIEETING HELD SEPTEPZBER 13, 1976 Pa e 28 g � 1�1r, Boerhave, registered surveyor, representing FARVIEi^1 � Farview Properties, reviewed the proposed storm PROPERTIES water plan and previous Council actions on the (Continued) �onceptual approval of the preliminary suhdi�Tision, hich statea • le Twenty foot drainage easements. • 2o Submit detailed drainage plan. 3. Five foot bike/hike trails. � 4. Submit to what degree will hard cover � effect the drainage, keeping in mind that drainage flow will not be greater than the � original flow. 5. Private versus public street ownership studyo • A discussion was held on the private versus public • street concept, P�ir. rZarc [�7hitehead, City Attorney, � stated that the City of Orono could consider these alternatives: • 1, Plat street and condition that street not be � publicly maintained, 2, Platted street, private easements. + 3. Home-owners association, 4. Construct street to City standards and maintain � as public streets, Councilmem}�er TValter P�assengale stated that it was � his opinion that the proposed subdivision� � -��-_ � best be served by a public street, �his m • atter will he entered on the September 27, 1976 Council agenda for final engineer°s revie�a and • recommendation. • Searles moved, PZassengale seconded, that the followina LICENSE � license, he approvedo Motion, Ayes (4) - Na_ys (0) e � iIacDavey Backhoe - Sewage Disposal Installation � Searles moved, Massengale seconded, that the All Funds IIILLS � Accounts 3630 through 3674, 3675 through 3757, 19372 through 19378 and Liquor Store Accounts 11501 through � 11530, be paid. Plotion, Ayes (4) � Nays (0) . • i3assengale moved, Butler seconded, that the meeting ADJOURNPZEDIT �be adj ourned at 10 0 55 P.r�, Motion, Ayes (4) - Nays (0) . � � � ,� , � �. • ,; � P.o ert L. Searles, TZayor -- � o � / :;: :% �t e s t o L� y>--��.----_-� [��alter son, C1erk-Administrator � , � �