HomeMy WebLinkAbout01-10-1977 Council Minutes ti
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- CITY OF ORONO
� Regular P�ieeting of the Orono Council, 7:03 P.27.
� T�nuary 10, 1977
� The Orono Council met on the above date with
the following members presents P�layor Van Nest,
� Councilmembers Butler, Rsassengale, and Paurus.
Councilmember taelsh absente Also presents
` City Administrator Benson, Larry Blackstad,
� Community Block Grant Program Coordinatar;
Walter Lathrop, Par.k Commission Chairman; John
� Gerhardson, Public �^]orks Supervisor; and Jo�llen
Hurr, Park Commission Member.
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2�4ayor Van Nest announced that this was the time
� and place for the Public Hearing concerning
Title I of the Housing and Community Development
� Act of 1974 Block Grant Project Determination.
� City Administrator Benson presented the Public
Hearing Notice, the Affidavit of Publication,
� and the Certificate of Mailing to all Orono
Commission memberse
iiayor Van Nest announced that a list of eligible
� activities was to be considered by the persons
, present for input to determine the use of the
funds Orono will receive for the Block Grant
Program,
�.�airman Walter Lathrop read into the record the
Park Commission requests for the Block Grant Programa
! 1. Dayton Beach
ao Install cate at driveway $ 200.00
�, be 2nsta1l night lights @ 6.00 per mo.
co Remove house and beach house 1,500.00 - $2,000.00
� de Chemical restroom facilities
e. Install dock (s)
� f. Buoys (4) 200v00 ea,
2, Casco Circle
� *ae Complete Vita Course $2,400v00
20 Station
3. Fiackberry Park
� a. Skating rin�s
� 4. Antoine Park
� *ao 10 Station Vita Course 350v00 plus
5. IIike Trail Survey $7,000.00
* Physical Fitness Course
or Van Nest asked if there were any other comments.
lhere were nonee 2�Iayor Van Nest outlined the 1976
^program. (Continued)
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� ORONO COUNCIL TIEETING HELD JANUARY 10, 1977 Page 2
� Allocations of CDBG Funds - 1976
�oject #64 - Tree Planting on right of ways $ 5,000
� Project #65 - Bederwood Park Development 8,450
Project #66 - Antoine Park Playground Equipment 1, 7Q0
� Project #67 - Swimming Beach Improvements 1,500
Project #68 - Hackberry Park Playground Equipment 2,500
� Project #69 - Casco Circle Park Playground E quipment 900
� Project #�70 - Bike/Hike Trail - Willow Drive 6,000
Project #71 - Stubbs Bay Se�ver Feasibility Study 3,06�
� Project #72 - Administration of CDBG Funds 3, 886
• 33,000
�Mayor Van Nest asked if there were any other
comments. John Gerhardson, Public Works Super-
visor, read into the record his recommendation.
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Presently, the City Council Chambers building and
�the nolice and public works office building have
barriers for the handicapped. These barriers
�can be corrected with the Community Development
�Block Grant Funds.
�The Council Chambers would have to have the entry
floor brought up to the level of the floor of the
�hambers with a ramp and sidewalk outside.
•'rne police and public works building would have
to have the porch floor rebuilt (footings and
�cement slab) , a larger doorway on the porch
�entrance, a larger door for entrance to the office
and a ramp and sidewalk outside.
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Because the parking lots on both sides of the
�police and public works building are presently
gravel, blacktopping both lots should be
�considered, This would make maneuvering a wheel
•chair much easier.
+Tlayor Van Nest explained the on-site disposal
system regulations that has been recommended by
�staff as a Co�,munity Block Grant funded �roject.
•The City of Orono is considering an update of
on-site disposal (septic tank) regulations to
�r�rovide for the safety, health and welfare of its
,citizenry and to protect and preserve the delicate,
ecological balance of Lake T�Zinnetonka and its
�wetland filtration system, Orono occupies a
strategic position in the Lake Minnetonka
�watershed because its corporate limits enclose
0 of the lake area, 30� of the watershed
.�nd area, and 40� of the shoreline. The desired
natural preservation and the required personal
health, safety and welfare of Orono citizens and
Lake P-linnetonka users dictate stringent regulation
of on-site waste disposal systems. (Continued)
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' ORONO COUNCIL MEETING HELD JANUARY 10, 1977 Page 3
� Orono has had an advanced septic syste� design PUBLIC HEARING
�nd installation code for the last 16 years. In (Continued)
nsort with T�etropolitan Council recommendations
� and T�innesota Pollution Control Agency specifications,
the City is now developing permanent maintenance
• and performance regulations which will apply to
all on-site systems. The en.forcement of the expanded
� responsibilities will require the services of an
� additional City employee who will administer the
code, inventory existing systems, review design
� specifications, issue permits, perform on-site
inspections and enforce necessary alteration and
� operation standards. The work should begin at once
so that the initial research can be cvmpleted in
• time to devote attention to on-site inspections
, as soon as the weather allows.
� A7re Larry Blackstad commented that he would check
with H.UoD. but was sure that this project would
w meet their criteria.
� T�ayor Van Nest announced that the second public
hearing will be held Tuesday, January 11, 1977
� at 7s00 P.A2. in the Council Chamberso
The public hearing adjourned at 7 e 25 P.P�e PUBLIC HEARIL3G AD.70uRNE�
,3utler moved, Massengale secqnded, that the MINUTES
ilinutes of the Regular Meeting of November 22, November 22, 1976
• 1976, be approvede t•�otion, Ayes (4) - Nays (0) a
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� Butler moved, tsassengale seconded, that the MINUTES
T�Iinutes of the Regular Meeting of December 13, December 13, 1976
� 1976, be approved. riotion, Ayes (4) - Nays (0) 0
� Park Commission Chairman Walter Lathrop introduced APPOINTMENT
� t�r. Les Kelley, 125 Brown Road South, as the Park Park Commission
Commission's recommendation to their Cornmission.
� Van iJest moved, Paurus seconded, to appoint Les
Kelley, 125 Brown Road South, to the Park Commission
� for a three year term< biotion, Ayes (4) - Nays (0) e
No comments from the Human Rights Commission HUP�lAN RIGHTS COMMISSIOT"
� No comments from the Planning Commission. PLAI�INING COPM3ISSION
� Henry TZuhich, Building & Zoning Administrator, VARIANCE
� stated that Jim DeSplinter, 1121 Elmwood Avenue, 1121 Elmwood Avenue
�is requesting a lot area and width variance< #164
Jim DeSplinter
The Planning Commission recomr.iended approval of
the variances required far the revised proposal
subject to maintenance of drainage and satisfaction
of concerned neighbors and City staff, (Continued)
� ORONO COUNCIL h�EETING HELD JANUARY 10, 1977 Page 4
Justification for recommending approval: VARIANCE
1121 Elmwood Avenue
� No other land available. (Continued)
, The property has been assessed for one sewer
unit.
3> The topography of. the lot justifies right of
way setback of 25 ' .
• 4. All other setback requirements wiZl be meta
Butler moved, Massengale seconded, to approve
the variances for Jim DeSplinter, 1121 Elmwood
Avenue, per the Planning Commission T�Iinutes of
Decem��er 20, 1976. Motion, Ayes (4) - Nays (0) ,
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Henry T�2uhich, Building & Zoning Administrator, VARIANCE
stated that Warren Ortenblad is requestinc� a 2799 Casco Point Road
• variance at 2799 Casco Point Road. #195
Warren Ortenblad
, Planning Commission P4eeting - December 20, 1976
Adjoining property owners were present. The
third and latest proposal submitted indicates
proposed location meeting all setback requirements
and a reduction in excavation by raising floor
elevation 4' . Neighbors were agreeable to proposal.
'.anning Commission recommended approval of lot
�dth variance as the lot is currently occupied
by a non-conforming dwelling, no other land is
_ available, a sewer charge has been assessed,
and the proposed location meets all setbacl;
requirements.
Butler moved, Massengale seconded, that the
variance request of ��Tarren Ortenblad, 2799 Casco
Point Road, be approved per the Planning Commission
Asinutes of December 20, 1976. blotion, Ayes (4) -
Nays (0) .
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Henry Muhich, Building & Zoning Administrator, SUBDIVISION
stated that T�iichael Cloutier, 3120 Sixth Avenue 3120 Sixth Avenue North
� North, is requesting approval to subdivide this #175
� 12 plus acres into two parcels - one parcel of P�Iichael Cloutier
approximately 4 acres and the second approximately
8 acres. This property is located in a 2-acre
zoned district. The existing dwelling would be
located on the 4-acre parcelo The second parcel
which consists of some wetlands would be acquired
by the Hennepin County Park Reserve District.
�nce the proposal does not increase residential
velopment, I believe we could waive the park
dedication fee.
(Continued)
ORONO COUNCIL MEETING HELD JANUARY 10, 1977 Page 5
Public Hearing - October 4, 1976 SUBDIVISION
3120 Sixth Avenue North
ro Cloutier and P•'iro Anderson, representative (Continued)
of the Park Reserve District, presented the
proposalo P•Srs. Cashmore, a neighbor, showed
concern over maintenance of Reserve property
� surrounding her and maintaining present drainage
ditcho She also expressed some opposition to
the County's acquiring of land resulting in less
tax revenue. Also stated that some of the homes
on these properties were being rented out by the
County. T�r. Anderson confirmed this. All these
homes were outside of Orono, but within Orono
School District. He assured the Commission that
all but one of these homes would be vacated by
November, 1976, The Planning Commission requested
staff to obtain data from the County projecting
, long range plans for the Park Reserve area.
� The Planning Commission was informed that the
City's only concern regarding this proposal was
the proposed plat and land use. (No jurisdiction
of sale of properties. )
The Planning Commission then recommended approval
of the proposed preliminary plat subject to
maintaining existing drainage and a parr dedication
e on each of the two lots which meet the zoning
requirements in the District.
Council PZeeting - October 12, 1976
Approved preliminary subdivision per Planning
Commission subject to payment of park dedication
fee of both lots.
Staff - November 30, 1976
A representative from the Hennepin County Park
Reserve called last week in regard to the final
plat approval for the Cloutier property. I . once
again explained exactly what we needed, but he
felt they should not have to submit the mylars
and hardshells that we require especially
since one lot will be part of the public park
system, I explained to him that the preliminary
approval was given tor the subdivision proposal
on the basis of two residential lots meeting
code requirements.
Iie informed me that the Park Reserve was definitely
considering purchasing the larger parcel as an
�idition to the Park Reserve property and felt
e cost involved in supplying the required
engineering data would be too high. I told
him that the City had never made a determination
whether they wanted any additions to the Park
Reserve until we had some explanation as to (Continued)
ORONO COUNCIL MEETING HELD JANUARY 10, 1977 Page 6
the long range plans of the system. As yet, we SUBDIVI5ION
�have never received any correspondence to this 3120 Sixth Avenue North
ffecte Ne�tert�.E ' x� he requested I get a decision (Continued)
from t he Ci ty i� y�iey wou l d approve t he proposed
addition to the l�ark Reserve,
Staff - December �, 1976
I am enclosing another copy of the letter I
received from ��.French of the Park Reserve on
September 2, 1976. I am sending a copy of
another letter the department received from Don
Cochran of the park Reserve on October 20 ,
1976e With this letter, we received one copy
of a map of this areae
Planning Commission Meeting - December 20, 1976
, Jim Anderson o£ Hennepin County Park lteserve was
presente He informed the Planning Commission
that Council had ddopted a resolution back in 1966
authorizing the Park Reserve acquisition of land
north of County Road #6 and Highway #12.
The Planning Commission recommended approval of
the continuation of the Cloutier subdivision
proposal and the concept of Park Reserve acquisition
f the subject property subject to Park Reserve
roviding evidence of resolution adopted by
Council in 1966.
Staff - December 22, 1976
� Reviewed resolution. Found several regarding
Park Reserve's right to acquire lando
s
Planning Commission A4eeting - January 3, 1977
Recommend approval of land acquisition by Park
Reserve affirmed through Resolutions #142 & #292.
Also approved preliminary plan of Cloutier
subdivision based on this projection.
Park Reserve District Letter - September 1, 1975
As per your request, this letter is for the purpose
of stating the District's intended use of the
property being acquired from P1r. Michael Cloutier.
The District in its overall Development Concept
Plan intends to preserve the area in question in
� natural state and retain the areas as open space.
lans indicate there are to be no structures
built upon the property and its acquisition
by the District is for the purpose of maintaining
and preserving the integrity of the Tamarack-Aspen
Swamp lying to the north of the subject property,
a part of which is included in the subjecta property. (Continued)
ORONO COUNCIL MEETING HELD JANUARY 10 , 1977 Page 7
! Park Reserve District Letter - October 19, 1976 SUBDIVISION
� 3120 Sixth Avenue Nort'
; a result of a request from both your Planning (Continued)
..ommission and the City Council, this letter will
advise both groups of the District' s acquisition
S and development plans for T•Zorris T, IIaker Park
Reserve, and, specifically, that portion of Baker
Park which lies within the boundaries of the City
of Oronoo
As to acquisition, the District's long-range plans
have been, and still are, to acquire all properties
lying north of Highway #12 and County Road #6.
Ho�aever, the timetable for these acquisitions is
i highly flexible. The District's policy is not to
� take an a55re�si�e initiative in purchasing the
properties, but rather to wait until a property
a comes on the market at the owner's convenienceo
Closely associated with this is the availability
of District funds for acquisition in these areas.
Therefore, it is impossible to predict the time
� necessary to complete the purchase of all the
properties potentially involved.
� The development plans for Baker Park Reserve
presently indicate that the major portion of the
park lying within the City of Orono will he
iintained as open space and in a natural state
� ..ith a snowmobile and horse trail adjacent to
Highways #12 and County Road #�6e The �'�velopment
�7hich is planned will involve either the establish-
znent of hiking trails or the realignmer_t of the
r existing horse trail to take better advantage of
« the physiographic features of the area. In addition,
��ith a proposed campground in the vicinity of the
� southeastern area of Lake Katrina, a~: access route
from County Road #6 will be neededa However, the
� exact locations of each of these developments
cannot be determined as the c�evelopraent Plans are
`' in the concept stage at this point in time.
� It should be noted, as was indicated in the
5uperintendent°s letter of September 1, 1976,
that should there be a change in the District' s
Development Concept Plan, the District will inform
the Zoning Department of same. For further
clarification, enclosed is our most recent
concept diagram>
Butler moved, Massengale seconded, to approve the
land acquisition by Hennepin County Park Reserve
District per the Palnning Conunission T�inutes of
�nuary 3, 1977, and waive the park dedication
ee for this particular Park Reserve land; and,
also approve the preliminary plan of the P�Zichael
Clouiter subdivision based on this projection.
iTotion, Ayes (4) - Nays (0) .
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�ORONO COUNCIL AZEETING HELD JANUARY 10, 1977 Page 8
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H�nry TZuhich, Building & Zoning Administrator, VARIANCE
tated that John Baldwin, 4280 [aatertown Road, 4280 t�laterto�vn Road
s requesting a lot area and width variance for �#206
�he subject lot. This is one 3-plus parcel in John Baldwin
the I1� _,; I Plato Mr. Baidwin wants to determine
`whether this would be a buildable site as
�some other party has shown an interest in
purchasing all the other lots including the
;jaccess outlot.
llIt is my understanding that the p�_.Y.chaser of all
tlie ��ther lots would use this property as one
�uilding siteo I have no written confirmation
�of this, however. If the net result cvere to be
only tF�o building sites, ��e could resolve the
lexisting problem of seven substandard lots (the
cne subject substandard lot and the second lot
�,�ould r.►eet the five acre miniMum area) .
'��tJ� cou18 improve on this proposal if we could
combine Lots 2 & 3 of Block 1 as one building
~site and let the remaining four lots of Block 1,
*;ot 1 of Block 2, and the outlot as the second
building site.
�
��fore we consider approval of the necessary
ariances for Lot 3, Block ?. of this subdivision,
should obtain a definite commitment that all
th� other lots will be combined as one site so
��e would eliminate the possibility of future
:�equ�sts for variances on the other lots of
�the iiate
_��arrangement of existing lots to meet code
�equirements could also be considered.
�Planning Commission Ileeting - December 20, 1976
�RPcommended approval. Justification for approval:
�.o The subj ect lot (second biggest of t',� plat)
is the only lot of the subdivision in single
� separate ownership at the time our new zoning
code went into effect<
'�Z. Although the lot does not meet the minimum
S lot area and �,�idth requirements, it does meet
the criteria of two acres for on-site sewage
disposal systems and, ���_e�- ��r.�, would not
im�air the health, safety, and welfare of the
• public.
�utler moved, P-Tassengale seconded, to approve
e variance for John Baldwin, 4230 t�aatertown
noad, per the Planning Commission P�inutes of
�ecember 20, 197G< Ilotion, Ayes (4) - IJays (0) .
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�RC7iJ0 COUNCLr T�tEETING HELD JANUARY 10, 1977 page g
ry i�luhich, Building & Zoning Administrator, VARIANCE
;�tated Charles Westman, 1040 Townline Road, is 1040 Townline Road
�equesting a variance to add a horse barn on lot ;�207
of substandard width and �table. Charles Westman
•
�he subject property meets the five acre area
�`equirement, but lacks 77 ' of the required 300 '
�ot width,
,�'e tiVestman's proposal requires a conditional
us� permit to add a barn 222 sq. ft. in area.
�t would also require a lot width variance for
this addition on the 223 ft. substandard lote
,
�he proposed location would also require a
'�ariance for the setback from the north property
�inee The enclosed sketch shows the proposed
ocation to be only 20 ' from tne north lot line
�d 150 ° is requirede A variance of 130 ° caould
� necessary on this.
•
I am enclosing copies of letters of no objection
�'o the conditional use on variances from the
�eighbors on either side of the ti�Testr�lan property,
�s proposal includes erection of a fence 5 ' in
�ror�t the property line to prevent the animals from
�amaging any foliage on the neighbor's properties.
�lanning Commission P�ieeting - December 20, 1976
._._ae �Jestmans were presento Recommended approvalo '
�ustification for approval: ��
� .^ihe width of the lot is a demonstrated harc�ship.
Tdo other adjoining land available to provide
� adequate c��idth to meet the 150 ' minimum setback
requiremente
� The proposed location encroaching the north
lot line is about equidistant between adjoining
S homes.
� Applicant is pro�osing to provide a fence 5 ' in
from his property line for security against
� damage to the neighborse
5a Neighbors have submitted letters of no objection.
�
Butler moved, 1�7assengale seconded, to approve the
�riance request for Charles �Vestman, 1040 Tocanline
,'�p ad, per the Planning Commission Minutes oi
'7'� ember 20, 1976, P�otion, Ayes (4) - TJays (0) .
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• ORONO COUNCIL IIEETING HELD JANUARY 10, 1977 Page 10
� Henry riuhich, Building & Zoning Administrator, SUBDIVISION
stated that James Sidwell, 1375 Park Drive, has 1375 Park Drive
�bmitted the necessary mylars and hardshells #120
� or final plat approval. Dimensi�ns conform to James Sidwell
those on the preliminary sketch. I have informed
� both the owners and real estate representative that
I could give them no assurance of approval of the
� final plat.
� If the decision is for approval, I am enclosing a
� cony of a resolution draft for your review. �^�e
will add any conditions the Council or Planning
� Commission might determine should be includede
Park dedication f�e on this proposal taould be $2,000,
•
. P.�anning Commission IJieeting - December 20, 1976
The Sidwells were present> A motion was made to
�'�ecommend denial recognizing the misconception of
� applying the 80s area requirement which is principally
used for variances of existing parcels and not in
�new subdivision. T�Iotion failed by 3 to 2.
• Planning Commission then recommended approval by
�a 3 to 2 voteo Justification:
� 1. The lots are compatible with others in th�
vicinityo
. lhe Planning Conunission felt the applicant was
lec? to believe preliminary apnrov�.1 assured
t� final approval and, therefore, investec� in
the costly mylar and hardshells as required.
S 3. Two seG�er unit charges a
��Conditionse
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l. Payment of $2,000 park dedication fee>
�?.. City Engineer 's approval of house location
and drainage planse
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T��assengale moved, Butler seconded, to adopt RESOLUTION #740
�Resolution #740, A Resolution Approving The Sidwell Addition
�Sidwell Addition, per the Planning Commission
T-linutes of December 20, 1976. T��otion,
�Ayes (4) - Nays (0) .
•
Henry T��Iuhich, Building & Zoning Administrator, SUBDIVISION
•stated that the subdivision rec�uest of Donna 1365 Tonkawa Road
P�Iartelle Stangler, 13G5 Tonkawa Road, to sx�lit �k205
�the existing 2-acre parce'_, #3450, into two lnts Donna r�artelZe Star~, : :�-
�of 1 acre each. Parcel 3450 is now occupied by
�residence. The proposed lot split would meet
e required 1/2 acre area and 100 ft, lot cvidth
as zonede The existing dwelling would also
�meet side yard setback requirements if the proposed
•lot split is approved. (Continued)
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. ORONO COUNCIL l�ZEETING HELD JANUARY 10, 1977 Page 11
� Status - December 23, 1976 SUBDIVISION
1365 Tonkawa Road
�► ''ublic Hearing has been scheduled for 7: 30 P.M. (Continued)
.i January 3, 1977. Applicant should be instructed
• to include all easements on property. The division
should be conditioned on receipt of park dedication
i fee on both lots if approved,
� Planning Commission T�Zeetiny - January 3, 1977
!
Recommended approval of preliminary. Instructed
� applicant to submit mylar and hardshells for
final plat approval. Final plat to include
� access and utility easements. Park dedication
! fee of 10� on both lotse
� h7assengale moved, Butler seconded, to give conceptual
approval to the preliminary plat for ponna tZartelle
� Stangler, 1365 Tonkawa Road, subject to findings
of staff concerning easements and title opi�� '_on.
• T�iotion, Ayes (4) - Nays (0) ,
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Iienry 2Zuhich, Building & Zoning Administrator, SUBDIVISION
� statecl that ��Jilliam Dickey, 2645 Watertown Road, 2645 [�atertown Road
� appeared before the Planning Commission at their �#212
meeting of December 6, 1976, for a request of a William Dickey
� sinple subdivision of his property on [�Iatertown
�ad between Old Crystal Bay Road and TVillo�•� Drive e S o
I had no preliminary report prepared for you as
r I�Tr. Dickey did not submit the application until
the morning of the meeting of December 6, 19760
� The Planning Commission did, however, sc::_�dule a
� public hearing for January 3, 1977.
� The proposed division consists of dividing the
combination of Parcel 1000 and Lot 1 into two
� parcelse RLS #�1089 is excluded. Parcel 1000
! currently contains a house.
� Neither the application or sketch indicates the
proposed division by dimensions. The smaller
,� south parcel does indicate 24. 3 acres, however.
r For the purpose of expediting the request,
T1Ir. Dickey has requested we eliminate the second
� step of our procedures which consists of mylars
anrl hardshells and final approval of the nlanning
� Commission and Council. A determination shoulcl
r be made.
� The park dedication fee would be determined at
� ratio of 2�� of the raca land value on the two
arcels (maximum $1,Q00, minimum $250 per lot) .
P�Zarket value $154,585 at 2�% _ $386e46, Therefore,
i park dedication fee would be $250 per lot or a
� total of �500 rather than $386. 46. (Continued)
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�OR�NO COUNCIL P�ZEETING HEZD JANUARY 10, .'_977 Paqe 12
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• Public Hearing - January 3, 1977 SUBDIVISION
2645 [�atertown Roa�:.
. Recommend approval of simple subdivision. Waive (Continued)
�.quirement of mylar and hardshells. Request
� �,ark dEdication fee of $250 for each of the two
proposed building sites.
�
The Zoning Administrator informed the Commission
f that new owner of parcel adjoining Luce Line
is considering conveying part of new parcel to
� DNR for additional recreational use<
� ��1r. Craig r�sitchell, Trail Planner for the Department
� of Tdatural Resources, stated that Ann Niforopulos
is purchasing a parcel of land from the tiVilliam
� Dickey' s in Sec. 4, Twp, 117N, R23@, in Hennepin
County, lying northerly of the Luce Line Trail.
�' She is then proposing a partial donation of this
� parcel to the State Department of Natural Resources
in the amount of approximately 18 plus acres.
� This property will be used for conservation purposes
� and greatly complement the Luce Line Trail.
� The Department intenc�s to develop this property
with a minimum amount of change to the existing
� natural asthetics, There will be no parking or
� motorized recreational use. This property will
�t be developed for orgainzed recreation such as
� _all fields, etc. Fencing this property will
not be mandatory and be the responsibility of
� the adjacent land owners if they feel it necessary.
'� A site plan has not been drafted, but all development
will be as primitive in nature as possible and
� may consist of the followinga
� 1. Secondary trail loops for hiking, sl�iing, and
� other non-motorized use.
2, Picnic facilities.
• 3, Camping area.
4. Security Iight.
� 5. Toilet facilities,
� 6. Hitching post and bicycle rack.
7. Interpretive signs.
� 8. Trash recepticles.
9. �9eather shelter.
�.Oo Piston pump or well for fresh water.
•These facilities are not definite or necessarily
inclusive of all possibilities, but they represent
�a cross section of the type of facilities that will
�be given consideratione
�ie DNR will be in close contact with the City
of Orono during planning stages to insure a good
•working relationship with trail users, adjacent
.landowners, and City officials. (Continued)
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ORONO COUNCIL t•1EETING HELD JANUARY 10, 1977 Page 13
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� In view of the fact that this property is for SUBDIVISION
�nservation use and no permanent structures are 2645 Watertown Road
� rresently planned, the Department of Natural (Continued)
Resources would hope that the park dedication fee
� will be waived.
• Don D. Davison, Director
• Division of Parks & Recreation
� by: Craig R. T,Zitchell
Trail Planner
� r1r, P��itchell continued by stating that the Dr7R
� does not have a plan at this time to regulate
existing trail regulations in Orono. T4r. Otto
• Christensen, DNR representative, remarked that
the Dr1R does want to coordinate efforts with
� policing of the trail with various communities.
� PZro Judd Ringer, 495 Willow Drive South, commented
that he was concerned that this type of trail
r development would benefit the City of Oronoo
� Taking this property off the tax rolls would seem
to be contrary to public opinion. PZr. Ringer
� stated that he felt that this proposal should
� be considered very carefully. P�Ir. Donala Scott
�mar}ced that this proposal would attract
� _ctivity that requires close scrutiny. Fern
Kubalsky stated that this request is compatible
� with the recent park surveyo A�rse Pat Dickey
commented that she does want to retain the
� existing 100 acres as it is today and restriCtins
are built into the 18 acre gift to the DNR. Mayor
� Van Nest stated that the City is concerned with
� taking land off the tax rolls.
� Ilassengale moved, Butler seconded, to adopt R�SOLUTION #741
Resolution #�741, A Resolution Approving The Dickey Subdivision
• Dickey Subdivision. r2otion, Ayes (4) -
• Nays (0) ,
�
Henry Muhich, Building & Zoning Administrator, SUBDIVISION
i stated that although the enclosed copy of rnylar 511 North Ferndale Roa��
was submitted January 3, 1977, Klaus Becker, #156
� 511 North Ferndale Road, appeared before the Klaus Becker
� Planning Commission January 3, 1977 requesting
approval of final plate 2 do not know if the
� title opinion has been cleared by our attorney,
(this is, both the original parcel and that which
� was to be purchased from the Wayzata Country Club) .
�e Planning Commission, however, recommended
approval subject to clearing all unknowns.
• (Continued)
•
•
r
ORONO COUNCIL MEETING HELD JANUARY 10, 1977 Page 14
�
Mr. Greg Frank, City Engineer, stated that at SUBDZVISION
� your request, we have reviewed the subject sub-
division. Our review included a site visit on 511 NOrth Ferndale Road
�' anuary 6, 1977. (Continued)
+ Based on our review, there are no ma 'or
with the J problems
� proposal as submitted. As such, we
recommend approval. However, we wish to mention
• the following points:
� la The first stretch of Outlot A, that portion
+ abutting the north property line, only
includes a 30 foot easement for roadwav
� access. Since access to the property on the
north will be through the same roadway leading
� to the proposed subdivision, we would
anticipate that an additional roadway easement
� will be obtained when that property is developed.
. Therefore, the 30 foot easement should pose no
problemse
i 2. ��e helieve that the proposal will not result in
any drainage problemse Further, there is a nee�
� for drainage easements.
3. Grading alterations, according to the developer,
� are expected to be rather minar. Perhaps the
most noticeable will be the clearing and gradin�
� associated witli construction of the access
� roadway.
Acreages for the various lots are described in
� the attached correspondence from the developer's
surveyor.
•
P�iassengale moved, Paurus seconded, to adopt RESOLUTIOPI �742
� Resolution #742, A Resolution Approving The Fairway View Plat
Fairway View Plat, for �laus Eecker, subj�ct
� to the park dedication fee being paid, legal
� review of title opinion and appropriate access
to public street. Alotion, Ayes (4) - Nays (0) .
i
� Van IJest moved, Butler seconded, to adopt RESOLUTION #743
Resolution #�743, a resolution adopting an T�Ioratorium - Parks, etc ...
• ordinance establishing a moratorium on public
parks, beaches, and public lake accesses until
� July 1, 1977 for the purpose of reviewing and
A establishing standards, locations and conditional
uses to effectively serve the area, and to review
�other uses tliat are not overlapping in nature,
subject to legal review and final Council review
�January 24, 1977. r3otion, Ayes (4) - Nays (0) .
�
Paurus moved, Butler seconded, to adopt Resolutian RESOLUTION #744
�#744, adopting an ordinance establishing a mora�orium PZoratorium - tivetland:
� all wetlands until July 1, 1977 to allow establish-
g of standards that are compatible with enc:'.�onmental
concerns and public interest, subject to legal review
�and final Council review January 24, 1977, t�otion,
�AYes (4) - Nays (0) .
�
�, ORONO COUNCIL MEETING HELD JANUARY 10, 1977 Page 15
� Henry biuhich, Building & Zoning Administrator, CONDITIONAL USE PERMIT
stated that iyTr, Harrison Johnston, Jr. , 925 t9illow 925 Willow Drive South
� Drive South, has a small pond located east and #2�2
i Couth of his residence. It is currently filled Harrison Johnston, Jr.
.th duck wee�-�. and he is requesting approval to
� aredge about 20 ' along the south and east shoreline
and build up this shoreline with a mound for
• protection against this weed .and provide a duck
pond for an ideal feeding and nesting areae This
�� would require a variance from our wetlands
� regulations and a conditional use permit for this.
� Planning Commission T�7eeting - December 6, 1976
i Commission recommended approval of the conditional
use permit and variance as duck pond would ac�c
� to appearance of the property and would not affect
the filtration as it is located a great distance
� from Lake T-Iinnetonka.
�
Council R�eeting - December 130 1976
•
Council first approvedo However, af_ter discussing
�the Upper Watershed Storaqe item on the agenda,
there appeared to be some question as to the
,location of the proposed duck pond.
�Council reconsidered the request and tabled the
�m«i.ter until the applicant conferred with the
tershed District as to whether the proposed
i�ocation would, in fact, conflict with the
•proposed watershed storage zone in this areao
�Sta^.us - Decembei 23, 1976
�We have notified applicant of Council's instructionse
He has forwarded Zetter and request for clarification
�to taatershed Districte We have not heard anything
•from the TnTatershed District as yet.
�Planning Commission 2�teeting - January 3, 1977
�R�commend approval based on report received
from ��latershed �istricte
i
Butler moved, Massengale seconded, that the
•request of Harrison Johnston, Jro , 925 t�lillow
Drive South, for a conditional use permit to
�provide for a duck pond, be tabled in light
+of the moratorium. t�otion, Ayes (4) - rlays (0) .
�
Henry Muhich, Building & Zoning Administrator, VO-TECH SCHOOLS
�stated that the resolution adopted by the City RESOLUTION
�ncil relating to Vo-Tech Schools and its
fects on Orono was supported by previously
accumulated documentation and is again supported
�by dat� submitted by the various City Department
�ieads.
� (Continued)
� .
7
• OROP10 COUNCIL P�IEETING HELD JANUARY 10 , 19 7 7 Page 16
� Massengale moved, Butler seconded, to approve VO-T.sCH SCHOOLS
.l documents and enter them into the Vo-Tech (Continued)
e �chools r�cord. P7otion, Ayes (4) - Nays (0) .
� Proposed Location of Vo-Tech School in riedina and
` its �ffect on Orono Residents - December 28, 1976
• lo The increased traffic along Old Crystal Bay
Road which fronts the Orono Schools will add
� to the existing traffic hazard along the road
and at the intersection of Old Crystal Bay
� Road and Highway ##12 and thus result adversely
on the safety and welfare of Orono residents.
• 2. Additional municipal services would be required
from Oro�o if the Vo-Tech is located along
� Orono's boundaryo This would result in an
� added financial burden to the residents of Orono.
a. Police - T_�affic control and security,
� be Sewer - T�Tunicipal trunk line servicing school.
cv Streets - Preserve and maintain.
•
3, The urban nature of a school would be in conflict
� with OL1�" comprehensive plan which designates
i this �_�ea Gs rural, Also conflicts with our
rural residential zoning of this district.
� Our comprehensive sewer plan has been designed
� to service existing problem areas for the
health, safety and welfare of the public - not
• for the purpose c�f increasing development.
�5e The ins�al_lation of sewer interceptors on trunk
� lines in this area will lend to a more dense
developr�ent which will result in a higher
� degree o� hardcover, thereby increasing the
rate of flou� of storm water runoff. The
� increasecl runoff ratio will add to the
pollutien of the lake and ground water storage
� thus arfer-�inq the health, safety and welfare
. of the general public.
�6. Urbanization of this area will have a deleterious
effect on the environment and ecology of the
� City and o��^e again affect the health, safety
and v�elfare o� the general public.
�
+7. This same urbanization will result in pollution
and the requirement of municipal sewer systems -
� a financial burden to the residents of Oronoo
�8, Incr�cs_�c� -�raffic from the proposed site will
� only complicate existing traffic hazards along
local, County and State corridors, yet we have
never been able to obtain a firm commitment
� frcm th�� County or State departrients for
future i.m.provements. (Continued)
�
i
�
'
ORONO COUNCIL ��1EETING IIELD JANUARY 10, 1977 Pa e 17
� g
�9. Increased municipal services that would be
required for the proposed development would VO-TECH SCHOOLS
deny Orono residents share of these services, (Continued)
� l0o The importance of maintaining a rural aspect
in this area was determined by the City after
� extensive review and expensee Reports from
various groups and agencies indicate the
• need for control of development to protect
` and preserve the natural am�nities of the
district and maintain the quality of laJce
� water and water storage in Orono,
� Orono-Long Lake Sewer Line Extension To Proposed
'TAnnepin County Vo-Tech School - December 30, 1976
•
In regard to the sewer availability of the Orono
� portion of the Long Lake Sewer System, I contacted
I�'-. Lyle Swanson of McCombs-Knutson Engineering
and the level of service is qoverned by the Long
� Lake sewer lines with the threefold problem of
(1) l��ay Street sewer line where they have had
� problems with capacity at peak rlows, (2) the
sewer line from the IIurlington-Northern railroad
! tracks to Highway I2, and (3) the line frorn
• Highway 12 to lift station B. Lift station B
�`Yansfers the sewage to the l�iay Street sewer line.
� _ �e to these problems, T�4r. Darrel Shipper, a
�orrier employee of Long Lake, has stated Orono
� would have approximately 20 units available. These
20 units would increase the flow from Orono
� approximately 6,000 gal.Ions per dayo
•t��Tith the proposed building of a Henne�in County
Vo-Tech School, we would increase this flow by
�anywhere from 50,000 gallons per day to 100,000
�gallons per day or more which would create a
construction situation which, in turn, would be
�a reversal of the comprehensive planning of Orono.
Because of this awareness, Orono has defined its
�land use policy so that development with its rural
service areas would remain rural in nature without
�the requirement for expensive municipal services
that Orono cannot provideo Since Long Lake will
,eventually require most of the capacity in its
�sewers from its own growth, it should be understood
that the Orono connections are temporary and that
�there is not capacity in the Long Lake System
for full development of all the property in Orono
�which could be served through the Long Lake System.
�7 -Tech - Impact on City Streets - December 30, 1976
�
y concern on the Vo-Tech proposal is the maintenance
�o the City streets, drainage control and safety�
�
i (Continued}
�
� ORONO COUNCIL rTEETING HELD JANUARY 10, 1977 Page 18
� It is my feeling that there are three City streets VO-TECH SCHOOLS
� �hat would be of major concern. They are Old (Continued)
�ystal Bay Road, Stubbs Bay Road, and t�Tillow
� llriveo Old Crystal Bay Road will receive the
most increase in traffic. More traffic means
� more maintenance, upgrading and widening which
effects drainage. Old Crystal Bay Road is a legal
� axle limit road which was upgraded several years
� ago with P��SA funds. Those funds are now exhausted
for that road and any and all upgrading or repairs
� must come from the Street Department budget.
Stubbs Bay Road is not a legal axle limit road
• �.nd any great increase in traffic would result
in costly repairs. Willow Drive, from Highway
� ;�12 to County Road #6, would probably be used
,� as an alternate if Old Crystal Bay Road becomes
too conjested, Willow Drive is not a legal axel
� lirnit road and is not capable of handling a
great increase in traffico
�
To summarize, the total impact of a great increase
• in traffic would result in additional cost to the
Cityo P�iore traffic means more accidents. I have
� s�en accidents on Highway #12 that have caused
� detours �ahich resulted in channeling traffic to
City streets trat were not legal axle limit streets<
� The damage to the street was certainly notic�able
d repairs had to be made; and this particu�ar
1 uetour was only in effect for two hours.
�Vo-'1�ech School - Impact on the Police Department -
�DEcentber 30, 1976
�i•�y concern on this issue is the traffic to be
generated on the already busy Old Crystal Bay
�Road and its intersection ���ith UeS. 12 and Countv
£'aad 6. [�e have made numerou, requests for �
�t�affic lights at the hazardous intersection of
Oid Crystal Bay Road and U°a. 12 and to add 500
�to 600 cars on a day time basis and up to 400 cars
�on a nighi�ly basis certainly makes the situation
more tense, Traffic flow on UeS. 12 east of
�County Road 6 is at 9 ,000 cars daily now and in
ny opinion more cars from the Vo-Tech will use
�UoSo 12 and Old Crystal Bay intersection for
access to UoS, 12 to go east or west then they
�will use County Road 6 because it is the main
thoroughfareo If the proposed ring route becomes
�a reality it will funnel more traffic past the
�intersection. T:ze upgrading of U.S. 12 is too
far in the distance to be considered at this time.
�Certainly some sort of traffic control will be
uired at County Road 6 and U.Se 12 because of
� e increased traffic, However, any traffic
control usually brings more accident frequency
�to any int�rseetione
�
�
�
ORONO COUNCIL NIEETING HELD JANUARY 10, 1977 Page 19
• Henry P�Zuhich, Building & Zoning Administrator, VARIANCE
stated that at the Planning Commission meeting 4201 North Shore Drive
� of December 20, 1976, the Planning Commission #211
ecommended approval for the variance request D. C. Hartnett
� of D, C, Hartnett, 4201 North Shore Drive, for
a variance for an addition above existing garage
� on a non-conforming lot. Justifications:
� 1. No more land available,
� 2. Location of existing structure was previously
established.
3, ProQosed second story structure over garage
cantilevel over side of garage no further
• than eave of existing garageo
� T�Tassengale moved, Butler seconded, to approve
the variance request of D. C, Hartnett, 4201 North
� Shore Drive, per the Planning Commission P4inutes
* of December 20, 1976. P•2otion, Ayes (4) - Nays (0) .
Henry P�uhich, Building & Zoning Administrator, VARIANCE
� stated that at the Planning Commissian meeting 2520 Casco Point Road
of December 20, 1976, the Planning Commission #213
� recommended approval for the variance request Thomas Frahm
� of Thomas Frahm, 2520 Casco Point Road, for a
variance for an addition on a non-conforming lot
� and liouse location. Justifications:
� y. No more land available.
2. Proposed addition would not encroach on
� setback requirementsa
� 3, Subject lot is larger than lots on either
sideo
� Butler moved, P•Zassengale seconded, to approve
� the variance request of Thomas Frahm, 2520 Casco
Point Road, per the Planning Commission Minutes
• of December 20, 1976, Motion, Ayes (4) - Nays (0) .
• Henry P�iuhich, Building & Zoning Administrator, VARIANCE
stated that at the Planning Commission meeting 1165 [aest Ferndale Road
� of December 20, 1976, the Planning Commission �#214
recommended approval for the variance request Gordon Ritz
� of Gordon Ritz, 1165 West Ferndaleo Justificationsa
� 1. Proposed second story addition would not add
to existing hardcover area.
� 2. Proposed second story addition would be a;�ove
� 29 ' X 24 ' garage wing which is located the
greatest distance from all lot lines and
� lakeshore.
�plicant was also informed that the adjoining
land to the east is a platted right of way.
They suggested he and Woodhill Country Club
�apply for vacation of right of way. (Continued)
1
�
ORONO COUNCIL MEETING HELD JANUARY 10, 1977 Page 20
Butler moved, Massengale seconded, to approve the VARIANCE
� variance request of Gordon Ritz, 1165 West Ferndale 1165 West Ferndale i<, , �
�Road, per the Planning Commission T�inutes of (Continued)
ecember 20, 1976. P4otion, Ayes (4) - Nays (0) .
� Henry rluhich, Building & Zoning Administrator, VARIANCE
stated that Gar•riel Jabbour, 780 Tonkawa Road, 780 Tonkawa Road
� is requesting approval of an extensive expan�ion #215
of his existing dwelling. Lot area, lot width Gabriel Jabbour
� and one side � y.ard setback are non-conforming.
� The proposed addition does, however, meet all
hardcover setbacks from the lakeo The enclosed
� survey appears to indicate that the existing
house location did meet the side yard setback
� requirement, but at some time a triangular sliver
from this property was annexed to the lot next
� door o
� Lot requirements in this district are:
�
1. Lot area - 43,560 sq, fte
� 2e Lot width - 140 '
• 3, Side yard setback - 10 '
� Conditions that will exist if proposal is approvede
� l. Lot area - 35,000 sq. ft.
Lot width - 102 '
�e Side yard setback - 7.5'
Variances recruested:
� lo Lot area - 8,560 sq. ft.
� 2, Lot width - 38 '
3. Side yard setback - 2,5°
•
Planning Commission Meeting - December 20, 197b
•
Recommended apProval. Justificationa
1. No more land available.
� 2a Proposal meets all setback requirements
� except for the south side lot line and this
is a result of a lot rearrangement approved
� sometime in the past whereby a triangular
shaped sliver was annexed to Lot 6 of
� Partenwood.
• 3. Topography of the land.
Conditions:
� 1. Statement of no objection from ocvner of
� Lot 6, Partenwood, George Johnson, (Letter
has been submitted)
—Sutler moved, Paurus seconded, to a rove the
PP
variance request of Gabriel Jabbour, 780 Tonkawa
Road, per the Planning Commission Minutes of
December 2;, 1976. P�Iotion, Ayes (4) - Nays (0) .
�
ORONO COUNCIL t�lEETING HELD JANUARY 10, 1977 Page 21
Henry Muhich, Building & Zoning Admin�:strator, . VARIANCE
�stated that William Schultze, 1199 Elmwood 1199 Elmwood Avenue
venue, is requesting approval for the construction #216
of a house on a substandard lot. Lot requirements William Schultze
in this district:
1. Lot area - 1 acre (43,560 sq. ft. )
� 2. Lot width - 140 '
� 3. Right-of-way setback - 35 '
4. Side yard setback - 10 '
5. Lakeshore Setback - 75 '
• The following non-conformi�:g conditions exist
� with this proposal:
1, Lot area - 16,000 sq, fto
� 2. Lot width - 100 '
� 3. Right-of-way setback on existing garage -
partly over right-of-waye
Variances required if approved:
1. Lot area - 27,560 sq. ft,
2. Lot width - 40 '
� 3, Right-of-way setback for existing garage
� This property lies between a lake access right of
ty and the Garlock property so no additional
�and is available for expansion. The t��o lots
have each been assessed 1/2 unit sewer charge
for a total of one unito The location of the
�roposed dwelling would meet all setback
� requirements,
Conditions to be considereds
�
lo Removal of existing non-conforming garage as
• plans for new house include garageo
2. Combination of Lots 12 & 13.
The topo sketch of the property shows about a 10 '
�c�rop in elevation from the street to the garage
�floor. PZre Schultze is, therefore, requesting
approval for filling for the driveway to eliminate
�a steep hill from the garage to the street.
�Planning Commission P4eeting - December 20, 1976
�?'.ecommended approval of variances and fill permit
�f_or drive��ay. Justifications:
'. No other land available,
� Assessed for sewer,
Proposed location would meet all setback
requirementse
4, Filling approved as steep slope from street to
garage location makes access difficult
especially in the winter. (Continued)
ORONO COUNCIL NIEETING HELD JANUARY 10, 1977 Page 22
Conditions:
VARIANCE
�. Removal of existing non-conforming -.garage 1199 Elmwood Avenue
before construction of new residence. (Continued)
r•Zassengale moved, Butler seconded, to approve the
variance request of ��Iilliam Schultze, 1199 Elmwood
Avenueo per the Planning Commission P4inutes of
December 20, 1977. I�Iotion, Ayes (4) - Nays (0)
Henry Muhich, Building & Zoning Administrator, TRAILER PERMIT
stated that T�r. Peterson, in behalf of the 3655 Togo Road
Navarre Congregation of Jehovah's [��itnesses,
is requesting a temporary permit to park one
mobile home unit for the visiting 2Zr, & Mrs. Jensen
for the week of January 16-24, 1977.
� Butler moved, Paurus seconded, to approve the
temporary trailer permit at 3655 Togo Road,
Jehovah's Witnesses, for the week of January 16-
January 24, 1977. I4otion, Ayes (4) - Nays (0) ,
Henry PZuhich, Building & Zoninq Administrator, PETITIONS
informed the City Council that the City is in Ducks
receipt of a petition that states:
� G�hom It nZay Concern o
We, the con��rned residents of the North Arm
a.rea of Lake I�iinnetonka, in the municipality of
Orono, do hereby request of the City of Orono,
the Lake Tdinnetonka Conservation Committee, and
the State of Minnesota to refrain a PZr, Howard
��hite of Cherry Avenue in Orono to refrain
• froni the raising and feeding of ducks and geese
at all times. [�le feel that this is a health
� ��azard in both the summer and the wintere As
this feeding of birds is done adjoining to a public
bathing beach, it has brought about very unsanitary
� swiruning conditions, not to mention what these
birds do with their excrement on docks and lawns
in the neighboring area. By maintaining open
water in the winter time, it creates a dangerous
a.�ea for young children playing and skating on
nearby ice, It also leaves open water from the
public access to the lake.
We have no objection to a few birds, but birds now
n�mber in the many hundreds and �ae feel that this
area of Lake Minnetonka was not intended to be
a game refuge. Immediate action on this situation
� requested.
(Continued)
ORONO COUNCIL P�IEETING HELD JANUARY 10, 1977 Page 23
Petition from residents of Crystal Bay area: PETITION - Ducks
U7e, the undersi ned hereb (Continued)
9 � y petition the Orono
ity Council for an ordinance to prevent care
and feeding of wildlife and waterfowl that creates
an unnatural habitat and migration pattern. :
Ron Glesne, 1470 Cherry Place, read the f.ollowing
letter from the United States Department of the
Interior, Fish & Wildlife Service, John �I. Ellis,
Biologiste
Concerning your recent inquiry on the effects of
� co-mingling of domestic ducks and wild waterfowl
we offer the following observations of the U.S.
Fish and Wildlife Servicee
Domestic and Semi-domestic ducks raised under
� confined conditi�:•ns have been repeatedly shown to
be serious disease reservoirs. �Vhen they are
released and mix with wild ducks, they can
tzansmit diseases to wild birds. iae view the
potential for the introduction and spread of Duck
Viral Enteritis (VDE) from captive-raised ducks
released to the wild as extremely dangerous to
wild waterfowl populationso This has led us to
prohibit the introduction of captive-raised
waterfowl to lands managed for wild ducks by the
ish ancl Wildlife Serviceo
6�Then captive-reared wild ducks are released and
are then fed artificially, they become serious
threats to wild ducks which are decoyed and
baited into very often unsanitary and unhealthy
situations. The prospects for introducing DVE
into wild ducks from this lcind of manage*:lent can be
a very serious, particularly when continued into the
winter months when other food and water situations
� are in short supply. Wild ducks held in the north
under these conditions are severely taxed to
maintain normal body functions and become very
susceptible to disease which can be easily
introduced under conditions found at artificial
feeding and watering sites.
Last summer during our hot dry weather we saw
a high incidence of Type C Botulism in ducks
in the Twin City area, Here ac;ain, the combination
of feeding captive-reared ducks at waters infected
with Botulism and decoying wild ducks to these
areas no doubt caused a greater loss of ducks
than if the birds dispersed naturally throughout
suitable habitat in this area.
� short, wild ducks which are held caPtive and
are then allowed to mix with wild ducks pose an
unhealthy potential for both themselves and the
wild birds which come in contact with them.
End of letter (Continued)
ORONO COUNCIL NIEETING HELD JANUARY 10, i977 page 24
P�1r, Glesne continued by stating that Statute PETITIONS -;�D'�c�s
` �99. 27 and 98.45 regulates breeding, feeding, (Continu����`
� selling or possessing of water fowl by license
id that the area at North ArM IIay being contgminated
�y ducks has reached a point of very unsanita:�y
- condi�ionso
Peggy O'Reilly, 3928 Cherry Avenue, stated that she
has been informed that wild ducks should not be
fed during the winter months because of �innatural
habitat and creating unsanitary conditions.
Fern Kubalsky remarked that the condition of
� the swimming beach at the end of Ma�le Place
and Cherry Avenue w�s very un�anitary and
dangerous because of the existing condition of
mechani�ally creating open water to retain wild
ducks,
Paurus moved, Butler seconded, to tab�e the
duck problems at North Arm ay and Crystal
Bay until staff have sufficient time to review
* these �etitions. Psotion, Ayes (4) - P1ays (0) .
`
Henry P�lunich, Building & Zoning Administrator, STATUS REPORTS
informed the City� Council that the follocving
items were being r�vieu�ed by the Planning
mmission for Council action at a later datee
_ _ctoria Grain Company, 500 North Arm Drive,
Subdivision and dredging; Steve t�dallack,
(T.M.G. Corp. ) , �100 Sixth Avenue North, Sub-
division; P�1rs. Robert Gasch, 1030 Tonkawa Road,
Variance; James McCleary, 3445 Bayside Rtiad,
Non-conforming use; Richard Ledstrom, 3465
fSixth Avenue North, wetlands variance, conditional
�use permit; Jack Rhode, 1410 Bohns Point Road,
Variance, conditional use permit; t4r. Drake 's
`gift proposal, two lots across from 2835 Casco
Point Road; Planning Commission & Council
processing pr,�cedures; Platting Ordinance
revisions; Navarre area rezoning, public hearing
scheduled for January 17, 1977; Henry Skarp,
1045 ��Test Ferndale Road, lot rearrangement,
�public hearing scheduZed for January 17, 1977,
�3enry Muhich, Building & Zoning Administrator, UPPER WATERSHED STORA< ._
stated that the r�iinnehaha Creek �aatershed
)istrict, by petition of the Lake P�tinnetonka
�Conservation District, held a public hearing
oncerning the upper watershed storage
�-etention �roject. They have a rather sizable
n to acquire large land areas in the �•later-
d District. They feel that da mming up
sorne of the large land and releasing it a'�
: controlled rate would help to stabilize
the l.ake level and control the amount of
_'looding into P•�innehaha Creek. (Continued)
•
� ORONO COUNCIL MEETING HELD JANUARY 10, 1977 Page 25
� Because data had not been provided to UPL�D WATERSHED STORAGE
municipalities affected, Orono requested (Continued)
at the records of the public hearing
emain open until January 20, 1977, to pro vide
� more time to state our position regarding
� this matter. Councilman P�Zassengale requested
the Planning Commission to review the material
� and prepare for the Council any comments they
may find in their investigation.
•
Chairwoman Diane Dunlap appointed a committee
� of Gloria i�cDonald and Paul Pesek to review
this project and report their findings by
r January 3, 1977,
� Dick Benson, City Administrator, stated that
�j Orono is in receipt of a letter from Minnehaha
Creek Watershed District, dated January 8, 1977:
r
I�Zany thanks for your recent letter concerning
M our Upland Stormwater Storage proposala
� With reference to the variances referred to
� under points 1 & 2 of your letter, we most
assuredly will apply tor the necessary
� variances at the proper time.
� "�ncerning the matter of administrative control
- the weirs or dams which would be constructed
� in connection with the project, it is our
� feeling that the management policy for each of
the subwatersheds should be worked out in
� cooperation with the affected municipalities<
� As you indicated, this should be given further
study and we will pursue this matter with you
� a little later on.
� I also would like to advise you that because
� of the lateness with which notices of our
Nov. 30 public hearing were delivered to
• affected property owners, we are setting up
another hearing which will be held during
� the early part of February.
�This time, we will see to it that all
�notifications are received well in advance
of the hearing.
i
We also will hold the public record open
•until sometime after the February 28 date
�mentioned in your letter.
�wrence E, Kelley, President
Board of P�ianagers
� (Continued)
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�
� •
� ORONO COUNCIL PdEETING HELD JANUARY 10, 1977 Page 26
• Paurus moved, Massengale seconded, to hold an UPLAND WATERSHED STC. . ::.
announced work session at a later date to (Continued)
eview the Upland Stormwater Storage Proposal.
� Zotion, Ayes (4) - Nays (0) .
�
Dick Benson, City Administrator, stated that PRECINCT BOUNDARIES
! t�rs. �ileen Barr of the State Planning Agency
has been in contact with us regarding Orono
� changing the boundary lines between Precincts
#k3 & #4 and Precincts #1 & �4, so that the
� �ines follow clearly recognizabl= features
� such as roads and the creek between the above
mentioned precinctso
•
The reason for the change is so that the
• demographer from the State Planning Agency
can prepare maps so that census takers have
� definite boundaries to follow, as the census
is to be taken by precincts in 1980. The
+ results of the census by precincts will be
� used for redistricting and to determine various
aids and allocations.
•
Orono used section lines to divide the upper
� precincts when precincts were first adopted,
� P�rs. Barr states that section lines are only
�aginary lines and, therefore, not suitable.
ill Carlson, Voting N1ach3ne� Castodian and
� Alberta Strom, Election Clerk, feel that if
� it is necessary to change boundaries, the
Department of Natural Resources ' Luce Line
• �'rail would be the better boundary, as it is
a definite line between Precincts #1, ;�3, &
� #�4o In using the Luce Line Trail as the
� boundary, it would still keep the precincts
more evenly distributed with registered
� voterso
� By using the DNR Trail, it would give us close
to the same balance of residents as the present
� �oundaries. The proposed usage of the DNR
� Trail is a definite boundary to separate the
precincts.
� City limits boundaries are also imaginary
� lines which jog around Long Lake, T�Iinnetonka
Beach, and Spring Park and will still give the
• census taker problems determining Orono
residents, especially between Long Lake and
� Orono residents.
� he proposal of the State Planning Agency does
�t really simplify the taking of census by
irecincts or assures Orono of an accurate
� census anymore than the present boundaries do,
• Orono elects its Council at large - so total
precinct count will not determine monies for
� projects or grants. (Continued)
/
� ORONO COUNCIL MEETING HELD JANUARY 10, 1977 Page 27
�, P�assengale moved, Butler seconded, to table PRECINCT BOUNDARIES
the precinct boundaries item until January 24, (Continued)
�77. P•2otion, Ayes (4) - Nays (0) .
�
Dick Benson, City Administrator, stated that FORFEITED LAND
� the State of PZinnesota checks the land
� acquired by municipalities through tax
delinquency acquisition every six years. If
� the land is not being utilized by the municipality
after six years, the land must be reconveyed
•back to the State.
`The City of Orono acquired Plat 420fl0, Parcel 8800
�of the Bergquist-Lindquist Addition, Saga Hill
area on T=�arch 23, 1970 and the City of Orono
*has not used this land, therefore, it is
necessary to reconvey this land back to the
•State of P�Iinnesota.
�i�Zassengale moved, Butler seconded, not to
reconvey to the State of Minnesota P ' �t
�42000, Parcel 8800 and to notify the State
�of Orono's intent to utilize this parcel
for fire protection and further lake uses.
�T•iotion, Ayes (4) - tdays (0) .
•
asengale moved, Butler seconded, to approve AGREErZENT & CONTRACT
�the Agreement and Contract for Building Minnetonka Beach
�Znspection Service between the City of Orono
and the City of IRinnetonka Beach. P•lotion,
�Ayes (4) - Nays (0) ,
•
biassengale moved, Butler seconded, to approve AGREEMENT & CONTRACT
�the Agreement and Contract for Building Long Lake
Inspection Service bet�•een the City of Orono
�and the City of Long Lake, Motion, Ayes (4) -
�IJays (0) .
•
Henry TZuhich, Building & Zoning Administrator, SKI TONKA
�reported that Ski Tonka has been issued tags
in violation of license and conditional use
�permits and is continuing to operate without
�applying for same.
�paurus moved, P�iassengale seconded, to immediately
proceed with temporary restraining order pending
�inding of facts. Motion, Ayes (4) - Nays (0) 0
` k Benson, City Administrator, stated that LIQUOR STORE LEASE
� Super Valu Store closed . on Saturday,
December 11, 1976 and moved to its new location.
A (Continued)
•
•
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� ORONO COUNCIL ���EETING HELD JAUNARY 10, 1977 Page 28
This heing the holiday season, comparisons to 1975 LIQUOR STORE LEASE
, may or may not reflect a change in sales for the
�, 'ast two weeks of 1976.
� 1975 1976
� $24,130e46 $25,181.79 = + $1,051.33
� Tize increase includes two more days than 1975e
• Th�-:re are many factors to considere Our
customers now enjoy the advantage of the
� added parking availablea The new Super Valu
is also drawing new customers to the Na•�arre
� area, sVe only have to let them know we are
� only a half a block away with ample parkinge
�t vaill also be a matter of 4-8 weeks before
� I4e�veny opens a new expanded drug store in
the old Super Valu building (which also has
� �che post office) and I am sure it too will
. i�ring new customers to the area.
Therefore, IF we stay in the location we oL�e
� ror the year 1977, I would estimate our sales
� t,� hold around $375,000. In 1975, ��e did
�;pproximately $374,000 and in 1976, approximately
• $376,000.
* � do not feel we can increase our sales sub-
.antially unless we advertise, expand or
� relocate, Not only because of these facts, but
� also the uncertainty of the liquor industry and
'tl�e increased competition moving out from the
�Tflinneapolis and suburban areas. In other words,
our expenses would increase, cutting into aur net
• i�come for 6-12 months. Then we could show an
in�rease in sales and a growing of our net income.
�'ihe area is growing, and if we have the facilities
�;:o c�raca more customers to the Navarre area, we
could look for a greater revenue for the City of
�Orono. As for the rent increase now facing
us for 1977, some was taken into consideration in
�making out the budget. I do not feel this increase
is going to make a large difference in our net
•income for 1977. However, the main concern is the
r�nth to month basis of the terms. Mr. Keaveny
�does have a plan to build us a store, if the
�original store is sold but he does not have any
pxi.ces available at this timee
s
It is my recommendation that the City of Orono
•should take the time NO[a to decide, look ahead
and make plans for the liquor operation in order
�- keep the revenue coming in.
an ilest moved, P�Iassenga].e seconded, to refer to
Sthe legal department the liquor store lease for
redrafting of the Rental Agreement eliminating
�he month to month lease clause. Plotion,
:y�s (4) - Nays (0) ,
� �
� ORONO COUNCIL t�EETING HELD JANUARY 10, 1977 Page 29
•
, Dick Benson, City Administratvr, stated that the WATER PATROL
Water Patrol was closing their office as of
�January 1, 1977. The City of Orono policy, as in
e past because of not having the po�aer to
� egulate Lake T�iinnetonka, has relayed the following
policy concerning Lake Minnetonka . water related
� calls to all personnel which states that when the
Police Department is dispatched to an emergency
� taking place on the lake, the officer is to have
the dispatcher contact a Hennepin County Sheri�f
� unit that has capability to respond on the lakee
! If the situation is of a non-emerqency nature,
the officer is to have the dispatcher contact an
,� appropriate Hennepin County unite
• If the Hennepin� County Sheriff's Office cannot
or �vill not respond, this department will take
� only what action can be taken from shore, as �
� we are not trained, staffed or equipped to
respond to water related calls.
� An initial complaint report is needed on each
� incident as they will be filed separately.
• In those situations nat specifically covered
by the above policy, each officer should use
� good judgment and common sense in carrying
� out his duties; and, above all, take reasonable
re for his own safety,
�
On other matters concerning activities on Lake
ir�innetonka, the Lalce Asinnetonka Conservation
District is being notified, City staff are
�reviewing and pursuing other alternatives to
�this policy.
•
Dick Benson, City Administrator, informed the ORONO-MINNETONIC� BEACH
�City Council that the Orono-f�innetonka Beach INTERCEPTOR AGREEMENT
interceptor agreement has been executed by the
�City Administrator and Mayor as previously
*directed by the City Councile
�Dick Benson, City Administrator,informed the FIRE CONTRACT
City Council that Long Lake has not clarified Orono-Long Lake
�the entire proposed fire contract as previously
requested and will arrange a meeting with
•their committee at a later date.
•
����ztler moved, P�lassengale seconded, to reappoint APPOINTIuIENTS
o Paul Pesek and Diane Dunlap to the Planning Planning Commission
�ommission for another three-year term. Motion,
�s (4) - Nays (0) .
�ick Benson, City Administrator, reviewed a SUMMARY RECEIPTS, etc.
ummary of Receipts, Disbursements, and Balances November, 1976
�or the month of November, 1976.
•
�
• ORONO. COUNGIL r4EETING HELD JANUARY 10, 1977 Page 30
� Dick Benson, City Administrator, informed the HENNEPIN COUNTY PARK
City Council that the City is in reeeipt of a RESERVE DISTRICT
��etter from the Hennepin County Park Reserve Snowmobi�.es
strict which states that during the past several
� years the �?��A�p� �o�ty Park Reserve District
nas provided snowmobile trails in Carver, Morris
� '-'. Baker, Lake Rebecca, Elm Creek and Crow Hassan
Park Reserves. These trails in the Park Reserves
� have been primarily established on an e3ge of
� a Park Reserve and they are connected to trails
established by various snowmobile clubs leading
r into and going away from a given Park Reserve.
� The problem before the Park Reserve Board is a
request to set later curfew hours for snowmobile
• trails. In considering this matter, the Board is
cognizant to the impact of their decision on
� affected municipal juristrictions. The Board
+ '��els it would be mutually useful to get as broad
a consensus as possible between affected
�T�lunicipalities and the District. Th.erefore, we
���ould appreciate your recommendations, suggestions
• �nd comments as soon as possible on this matter.
� :?resent District regulations place a curfew on
�snowm�bile trails at 10:00 P.ri. from "unday through
Thursday and 12v00 A. M, midnight Friday and
r�aturday nights,
��_��e two requests before the Board are to increase
the curfew by two hours on both weekday and weekend
�'Lise of from l0°00 P.M. to midnight for Sunday to
ihursday and from 12 a 00 A.P�I. to 2 e 00 A.TZ. on
*rriday and Saturday nights, The other request is
��o change only Friday and Saturday to 1a00 A.P�.
'�e t^lest Hennepin Snowmobile Club from A�aple
�rlain and the Northwest Trails Association,
an affiliation of several snowmobile clubs in
�iennepin County are making the above requests
:•"��spectively.
`There is some feeling on the part of the District
�'13o�-��d that favorable consideration to a later
�urfew hour may be an imposition and irritation
to a far greater number of people than a granting
�f the request will serve. On the other hand,
��here is the desire of those who wish to travel
�o various restaurants at night via snowmobile
��nd return to their homes after these places close.
nclosed for your information is a sheet Iisting
vhe snowmobile curfew regulations presently in
�ffect in various nunicipalities throughout the
ty. Also, we are preparing a map showing the
wmobile trail which has been established
Lnrough the coordination efforts of the snowmobile
��ubs affiliated with the Northwest Trail Association.
�lzis will be mailed in a day or two,
(Continued)
•
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� OROP�O COUNCIL MEETING HELD JANUARY 10, 1977 Page 31
� If at all possible, may we hear from you in writing HENNEPIN COUNTY PARK
by January 19the In the meantime, please feel free RESERVE
o contact any of our Park P�Zanagers listed below Snowmobile Curfew
r myself. Also, any of those listed are available (Continued)
� to meet with you at your convenience, should you
� dssire such a meeting.
� Thank you for your attention to this matter. U1e
are open to your suggestions for solution and look
� forward to working with you.
� Clifton E, French
i Superintendent & Secretary to the Board
� Massengale moved, Butler secanded, to refer to
the Park Commission the request of the Hennepin
� County Park Reserve District concerning snow-
mobile curfew. Motion, Ayes (4) - Nays (0) .
�
� Dick Benson, City Administrator, announced that ROIIERT L. SEARLES DAY
� Robert L. Searles Day will be held January 15, January 15, 1977
1977 from 2 e 00-4 e 00 P.P�I. at the City Council
r Chambers.
�
Dick Benson, City Administrator, informed the M.ta.C.C. SEWER CHARGE�
� ^ity Council that the charges to the City from
ie Metropolitan Waste ContXol Commission have
� risen from $50,439.53 in 1975 to $68,226. 57 for
r 1977o This is a $17,787.04 increase in two years.
During the same two-year period, the City h�s
� not adjusted the sewer use charges.
� As of September 30, 1976, the City had approximately
1269 user units being charged $15e16 per quarter,
� 67 user units being charged at $18.16 per quarter,
� and two each schools and commercial units being
charged at $1.17 per 1,000 gall�ns of water
r used per quarter. The schools and commercial
units convert to a number of $18a16 units based on
� the average use charges over the last four quarters.
` This amounts to an additional 171 units.
� The Navarre service area is charged at $15.16 per
unit per quarter. The Chevy Chase and Long Lake
� service areas are charged at $18.16 per unit per
quarter.
•
The reason for the different unit charges is that
• in the past, the area of Orono referred to as
� Long Lake was serviced by that community and those
�ers were charged 1� times the rate charged to
e residenti� of Long Lake. The City of Orono
c��as billed by Long Lake and Orono in turn billed
� its residents. The same facts pertain to the
Chevy Chase area of Orono which was serviced by
�Wayzatao (Continued)
•
�
S ORONO COUNCIL IuIEETING HELD JAUNARY 10, 1977 Pag� 32
Neither of these communities serves any residents M.W.C.C. SEWER CHARGES
� of Orono any longer. Because of this and because (Continued)
the City should a4just the sewer use charges to
�sorb the PZ.W.C.C. increase, we feel that this
� s an opportune time to adjust all customers to
a tiniform charge.
• "
Van Nest moved, Massengale seconded, to use
� the total $68,226.57 M.WeCeC. charges, the 1977
sewer operating budget of $61,500.00, and the
, current delinquency rate of the utility billing
� department as a basis for determining proposed
increases for sewer operating charges. Motion,
� Ayes (4) - Nays (0) .
•
Dick Benson, City Ac'lministrator, informed the City MANDATORY LAND PLANNING
� Council that the City of Orono has responded to ASSISTANCE ACT
� the Metropolitan Council on the proposed PZandatory
Land Planning Assistance Act with a revised
� 3ystems Statement. tae have met with the Metropolitan
Council and the T�etropoli�an Waste Control Commission
� concerning Orono's Comprehensive Sewer Plano Orono
will be meeting with Pdetro Council staff at a later
• date.
�
� Dick ;?�nson, City Administrator, informed the City W.H.A.D. MEETING
�uncil that the West Hennepin Assessing District
� ...�11 ho].d a meeting January 12, 1977, at 7: 30 P.Ni.
� in the City Council Chambers.
� $ruce MalY.:.�;rson, City Attorney, informed the DNR - BEDER��TOOD PARK
+ City Council that the City is negotiating
a Quick Claim Deed with the Department of
� Natural Resources for the property next to
Bederwood Park.
•
� Greg Frank, City Engineer, informed the City STUBBS BAY STUDY
Council that we have received comments from the
� Metropolitan Waste Control Commission and the
;�riinnE�;�'ta Pollution Control Agency concerning
the feasibility of the Stubbs Bay sewer
,� alternatives suggested in our letter dated
October 22, 1976.
•
,The MPCA responded to our request for comments
by telephonev DZre Gordon Wequart of the
.Facilities Section said that the PCA had no
preference except that a new treatment plant
�would be unacceptable. The holding tank and
�ucking alternative is probably not feasible
cause the MPCA experience has been that it
•is generally not cost effective.
T•Zayor Van Nest requested Mr. Frank to continue
iwith the Stubbs Bay Study directing attention
+to correcting existing on-site disposal systems.
• r
� ORONO COU�CIL MEETING HELD JANUARY 10, 1977 Page 33
� I�Iayor Brad Van Nest moved, P�assengale seconded, to JOB DESCRIPTION
request Dick Benson, City Administrator, to On-Site Disposal System
aft a job description and advertise for a
� erson to work with the Building & Zoning
Department in implementing an on-site disposal
� system inspection program designed to effectively
correct and update all septic systems located
� on parcels in Orono that are not served by City
� sewer. Motion, Ayes (4) - Nays (0) .
� PZassengaie moved, IIutler seconded, to approve FINAL PAYMENT
� the certitication of final payment to Northdale Northdale Construction
Construction Company for the 73-1 sewer
i construction project in the amount of $100,881.17.
• T�otion, Ayes (4) - Nays (0) .
� I3utler moved, b2assengale seconded, that the BILLS
All Funds Account� 4363 through 4405, 4446
~ through 4446, 4447 through 4501, 19461 through
19472 and Liquor Store Accounts 11682 through
i 11731, be paid. ��otion, Ayes (4) - Nays (0) .
•
Butler moved, P�Zassengale seconded, that the ADJOURNMEPIT
• meeting be adjourned at 12: 30 A. M. Motion,
� Ayes (4) - Nays (0) .
♦
� � j�
'�-��,,,/��� ► � ,
� �(. ��(, �
[�i liam B. Van Nest, Asay r
�
• �/� ,�
� Attest:� �`�'.F�. _\ �l-�'
� � Walter R. B son, er - 'nistrator
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