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HomeMy WebLinkAbout03-17-1977 Council Minutes � ' t' CITY OF OROI10 � Rescheduled Meeting of the Orono •City Council, 7 : 02 P.M. �arch 17, 1977 � The Orono City Council met on the above date with the following members present: P4ayor Van Nest, M Councilmembers Butler, Massengale, and Welsh. � Councilmember Paurus absent. Also �resent: City Administrator Benson, Building & Zoning Administrator � Muhich, City Attorney P4alkerson, and City Engineer Frank. • Butler moved, Massengale secon3ed, that the Minutes MINUTES � of the Regular Meeting of February 14 , 1977, be February 14, 1977 � approved. Motion, Ayes (4) - Nays (0) . � Butler moved, P�assengale seconded, that the Minutes MINUTES of the Regular P4eeting of February 28 , 1977 , be February 28, 1977 � approved as amended. P�Iotion, Ayes (4) - Nays (0) . ~ No comments from the Park Commission. PARK COMR4ISSION � No comments from the Human Rights Commission. HUMAN RIGHTS COMMISSION � No comments from the Lake Minnetonka Conservation LMCD District. • No domments from the Planning Commission. � PLANNING COMMISSION � • Henry Muhich, Building & Zoning Administrator, JIM ANDERSON REPORT � presented the following report by Jim Anderson of the Hennepin County Soil Conservation District � presented at the March 7, 1977 Planning ComrTiission . Meeting: � � ?4-. Mdenm Yra�aud from 1Viscauin rdth his Pd.D. and spent-the lut fo�s years , there wrkin� m the small scale �+asu nanagement project. 'Ihe prlmary fimctim �ras wrkiny m m-site soil absorptim systems and, more specificallr, mand type or fill trpe systos. • (}�e of the booklets he handed art vu rntitled Landscapes of Fiermepin Crnnty uhich vas prepared br Patridc 1Ccinedy� IIistrict Cmsemtimist, ard other soil sdm- ! tisu �o wrictd for the Crnnty a ccuple of rurs ago. T}ry gmuped the soils of }iermepin Cv�mtr into certain Yra�s, and they usi�ed these groups eolors. They broka it dam into vhat thay called "landscape planning uuu". 77xy grouped the '� snils that }u d sinilar physicil characuristics (s2ructun azid tacture, as r+ell as hiyh vaur Lble� etc.). 7hese yroups are illustrated m the colored �p supplied • to }iank H�Aich. . lhen he £irst cam here frcn Niscoruin he did so�e wrk in hSedina and Corcoran. He looked at t�eir soils ud took u a criteru the 1971 Hirmesots Dcparanrnt of � Fiealth's suggestad ordinance and cade regulatims for individual sevage disposal � s�s tan. If ve tocac their criteria �diich said in areas of shalld yrwnd ►rdter, � the dcpth of the �aur uble shall bt deternirrd, no soil absorptim ryst�s shall be instslled in an area i+here the vaur uble is less than 6y ft. belw gramd lexl oz 4 ft.•belw the bottaa of the dninfield trrnch. 7his has some drastie • iaQlicatinau foe the cmventimal m-siu soil absorptim srstem►rhid� is narmallr taed in hanes tod=r. In the Uro r��niuts of Hamel �d Carcor�n� about 20-22i of the 5+oils in the area wuld �cn=•?Ir md � beinp suitable using that criteria � u�d the criuria of the 60 ain.—per incb p�rcailatim nte. �-mo is no a�cceptirn. ts rou could zeadilr ull if yau rere s little mre experimccd in usiny the color � huts. - . - � (Continued) � � �^ , RE�CHEDULED ORONO COUtdCIL MEETING HELD MARCH 17, 1977 Page 2 � 7�r n forc, �t potrntiil do the wils }�Ye for f,nc2iminy properly xith an m-site J I M AN DE RS ON RE P O RT vute dispaaal srstm and �hut sort of systcm, lf my, could yw c�e � vith that • rill wrkT One of the tltiinys t}ut vas devised in Niscansin vu the �,a :nte,. (Continued) 7hrou�h the yun it has ewlved to the state ►nc�re !t Ss nw. Primnry fimctlons are in tw specific ar�u: vl�ere rou }uve problcros w�th sla+lr permeable solls with � pe r�litinn rates t}ut md � Yreaur than 60 mins, pet inch ana Tuve a se�saullr Aip¢ yramd vater table (this is the situatian you find rourselves in in this area), • The other sys tm vhich is t}u mand ryst� is desipied foz npidly peimeable type soil vith s}ullow yrand vater eithcr with somethinY like sard or crrvice Dedrock las t}� S ft. belw the surfac.e, • Me thrn developed a model ardinance vhich took the larpe amo�mt of the technical resaurceful thin�s xith the prvposed 1�PC 40 regulatims fiom the Hinncsou YG, • ud ve incorponted thcu uid provided n+o innontive sys2er� for use m pToblea trpe soils in •ddition to the nor�al conyentimal type systaes. 1Te bo systesa • vere the a,ar�d systra for hi� vater table ard slowly peta�eable soils ud the secnnd ++as a shalla+ subsur{ace trerrh with a bac3c Hll wer the top. By usinY tAat use in a situatim that may be marginai for a cmventional zystea, you ean mainuin a proper srpara2im betvern ihe bottm of the bed ud the hiyhest ]mrnm � level of Yrand vater. • Na+ do y�u tell rfiat the highest ]maai level af yrand �rater is espx ially m a yur like the put yearl ldiat rou do is you yo out u�d take soil borings and you • look through vfiat soil scientisu call models. Thry u�e alurnate grer and red splotches in the soil. TAut t�at neans to soil scirntisu is that at some tim the soil has bern satunted, • He thrn ncplained the color soils map. 7he ana that is colored blue indicates • t}ut du primary problea is i �casonal water table• �i¢ht blue - the seasonal �rater table is not as hieT usually bet�ern 1-3 ft, of the sUrface; medi� blue - had eriderr.e of saturatim: dark blue - marsh areas, � (h the liYht blue colored soil, it t�sr�s out t}ut the mou�d syste� for high Yrar�d vater tible and slarly pe�able soils will work becusse xe have at least a foot • separatim normallr between the surface of the weter �d the hi�est S�iwn yroind vatez. So if you put a moia�d system nd�ich consists of a foot or b+o of fill. it wuld eaintain usuallr S ft, of imsatunted soil during this winter. hke the H�nel soil (Ha), 7here is no way to tue the mamd systec, ti8ut will }uppen is rw vill fill in a couple of feet of sand, build a namd systcn ud t}u . water level is going to rise within a foot of the sin-face. Nhen you � yo� efflurnt m it, it vill sit m the surface u�d ccme out �t the toe of the namds, /�ccording to the }{innesoL }{ealth Ilepartrrrt, Niscoruin liealth Departrmtt, uid i just abaut every other health depaT�ent in the camtry, mce you get the svrfeciny of this efflurnt, your systm is comsidend failed and it is a hcalth ha�ard, � ?4r. Mdenm 7eferred to Ormo's Ordinance established in 1961 and still in effect no+�+hjdi states that the systea has to f�ctim in a s�itary marner and xill • not create a nusur.� nor a danger to the safetr of uty drn�estic �rater supply. So it fails. . ldut othrr solutiaas ire thereT pbriously� you �an�t put a camventi�al srstm in here either because thcy vill flood out also md the <h,71ar trench system r��t wrk either: 7}ae only altemative that I can cnme up'vith right �r is a holdiny . tanlc. 7Y�at �uu that it is sealed campletelr and mce cvery So m�y w�� y�}�n it n�eds pa�it�y aut you have to }uve sorneme crnie out md gm� it. • 7here is mlr so nrh that yw can deteivdn frvm a pe rnilatim test. If ynu f�l tJut there is an aru that nay have some problcros, the onlr Mry you can figure w[ if you are poing to luve problems or not is to actually look at it. 7his inwlves � t+��S �� ��gs snd n�niny a percv.Lti� trst. It is an iauttractive �asure to use u the soil criteria for deteraininy i,hether or not �+e rnnt to put in a soil � absorption system, In additim to the other factors that I xas ulki.ny out (heiyi�t of the vater Lble. vater uble evide�ce, tactuie of the soil), locatim desezves equal vei�t and probablr more• l�at rou are att�ting to fud is the rate af � vater. S�e2imes the soil is saiurated when you nake the test; so�eti�s it isn't. Depends m the soil. If you do the pemilation ust ri�t� you can ma]ce the sort of msven that qou want as easilr u yvu can Yet answers that don't pass. � 7his is r�at is the iutter vith the perc trst and t}x nasm �, it shoul�'t be the sole criteria for v}uch to bax yovr ans�,,er. It doem't simulate the conditims • tlut you}uve tnder these soil absorptim srstems. 7Tun are a lot of othez factors tJut rnur into this. If the pe7c test is dme properlr� it �+ill yive you a • nlativelr $ood idea of�+hat sort of problems you xiil }uve w�ith your soil. �fr- lf3iich u�quir=d if a satisfactory perc t�st muld be made duriny the vinter nmths• 1�h'. l��de:sm ezplained that cmditims in the vinur xould make it � virtuallr i�ssible to pet pmper readings m these tests, � ?fr. Mdersm stated t}u2 the moia�d srste�s are usuallr larger than the conv�ntimal srstau. 7hry takc up mare area and are desi��ed 2o vtilize mon of t?u soil araa�d it. It is pirt of the treaaoen2 upect. 1`e reco„rne� t}ut the sinima � lot size be betvern 2-2� acra. Q� that 2-Zy acres, r+e recomnerd thit rau have � �a initiil siu, plus rou � p�t in a rrplacabent if it bec�es nec�ssary. }ie apreed tAat the rest of the area could be Ha sail if a nmicipality so daired. He further suted that you cnald build m Fla soil, but he voul�'t vu�t his house amd basmrat m Ha wil. � � (Continued) � . RES�HEDULED ORONO COUNCIL MEETING HELD MARCH 17, 1977 Page 3 � The Hayor uted }�, /�rd�nm if ow ordinance vere modified, could r�e ma]ce che JIM ANDERSON REPORT sutear�t that you aust }uve tvo acres of dry buildable land (uclud�s all the • *ursh ueas) md of that acruge there cust be a ccrtain percentage (25-30i) of (Continued) t},e fnlla+inP classifiutions of soil which would excludc Ha to desi� t septic systmi 9�art of t}ut, if the lot is toullr Fia, do yvu feel we vould be m thin • ite to sar it wuld be allarrble to create ■ s�division vith one lot beiny toully m Ha soi1T kr, /vdenm reca,�.nrnded ihat this lot be cut wt and maybe be divided � up bet�+�ai ihe b�o lots m either side of it. id�en uked if we should prohibit holdin� tanks Mr. Mderson's replr wu yez. Yhry . are quite ezpensive and }uve to be checJced �loselr. He felt if you }uve m ezist- inj problea and a holdin� tmk is the onlr solutim, fine; but do�'t create a nev - subd.ivisim �nder these ciramstances. • The �e Ilw booklet vhich he handed out� Soi7s and Soil Abso�ptio� Systems - prep�red by the }ierIIupin Soil and Water Cauerntion District, could be used u a yuideline • in developinY standards for a sanitary o7dinance. � ` Henry tiuhich, Building & Zoning Administrator, SKI-TONKA presented the following Ski-Tonka Inspection Phase II � Report dated February 11, 1977: � Safety irup�e2lm schehiled 2-11-77 at 9:00 a.�, PI'es�31t: OvflCi - R]Cha7d PTlm�� • Frgincer - Jerry Tasa, PE� T $ E Fngineering, Spring Park Citr - Jllan Olsrn, Irupcctor • i7his is the first snfety inspection that the City is awan of since the original inspatim in Ikceaber 1975. 2he rngirrer has a backgramd in safety inspectioai� . bvt says t}ut this is the first ski area he hu inspected. t�. Tua inspccted and ran tesU m all the tow lir,es earlier in the �+eek. Today • he re-ran the tesu on the 'Baby Trn!' and Tw f4 to illus2r-au the procedure for ne. Ne valked the upper azid la.er lines together and noted severdl concerns. His report is �e earlr nezt week, • Ny comnrnu bued upon ca�arism rith the 1973 inspection: " 1. Several rope tws had inadequau stopping distances in 1973. 'Ihe safety gates have bcen adjusted to improve the situati�, althou� all tovs still do noi meet the /1TSI require�nts. Aefer to the � rnyin�er's report. � 2. ltr. 7Lmbu11 recomnended in 1973 that avtaoatic brakes De installod � m all tws before the 1974-75 s�um. Mr, Tasa says there are still no brakes m arry taes. • � 3. W. 7tirnbu1l tecor�ended in 1973 thst, acco:ding to /�NSI standards, an operator be imrediatelr esQloyed for each tar line, az�d that he be stationed xhen he c� see the rntire lrngth of Zhe trnr, There are no tar operaton e�loyed today� mlr me or t�+o "hill attrndanu" - �rho roan the rntire area. 7}x� ca7mot sce the enLin length of the • � tm frva the top of the hill and t3�ere is no easily eccessiDle sriuh to stop a tar in the evrnt of an emeryeney, ! �. }tr. 7l�mbull mrrcimed inad�quate si�iny in 1973. Mr. Taza also noted some inadeqiute si�ing today, althwgh the situation has � ia�roved. Penmal ilupectim cu,menu: � 1. TLe frndng provided alony the tw lines and arovid the equiFmm�t is in disrepair. It is falling down in places, ud "u missing cntirely . � arrnnd some equipncnt (base of Tow IS for example). 'Ihe wire frnces arand the equig�rnt at the tap of the hill will not keep out uuUper- rised childrrn. � � Mr. Muh'ich also submitted the following memo, dated February 23, 1977: � . - I vam't too faidliar vith the asrrnt statiss of Sk.i Tmka's proposal taitil after � the PluininY Covraissim reetinY. ?S�st of the aormpondence }us bern bet�xm Kr. Bormer ad A1 Olsm. � The eost reoent plans s�mitted lacY sooe deuil, but may be sa2isfactory for the �ideratim of a cmditiaul iae penit m Ptuse II. Pria+s md his rcpresrnLtire� Jatm basner, appeared informally at the PluuunY Gcmussim weetinr of Februirp 22, 1977. ?tr. Emr,er vanted to keep the Piarviing � Cocaissim infor.ed u to the st�ns of obuinint the nxessary data for Plarvung Ccmmssim cid Candl rericr. He e 2aih+d to t!x Ca�missim that a qualified inspectar Lad sa3e his investi�tim� �rd not u rec Prepared the necessary � rcport' (Continued) � �SC�EDULED ORONO COUNCIL MEETING HELD ?�IARCH 17, 1977 ��u Plarninp Cvtmissim .�,s �,}, Page 4 :rca ]�ck of applicant's c°"�lY�Y++1�th� pTDgrrss and put problaas resultinA i"a li`��„� p,.��,n:. SKI—TONI;A �r,� Plaminp CorRaissim a�t��,,,� c� cQ,aici ��y Ski Tonlc• }ud expircd, 7}�ry also felt the appliutlm ut w aiut�e �� (Continued) � �ot lived i,p to � ��d{ti� set forth (o„rtxr n���r s��itted safetr inspe�_ T cpo rt), �e applicant vu inscru�ted to subr�t �other curTmt applicatiDn with the necessary plaru and �u. Mo�er fce wuid be requirod with the nw appliutim, �?£fTING - Febnury 28� 1977 _" strUcted�pplic�nt su�t � ���o� Use applicatim xith proper siu plans, . -•S�uic.e certificite and qualified"rnpirrer's report. `sff nport to usure cc�liance with conforuwice to engineer's report. Ezt�nded licrnse for phax I, ��C �'Q�I� �7�+ - lharth 7, 1977 �Y Cmmission tabled this matter m the basis that a ��rnt �pplicatim has not been submitted, B��tler moved, Massengale seconded, to table the Sxi-Tonka, Phase II application until further �formation is available. Motion, Ayes 4 :S (0) . ( ) - =�Butler moved, Massengale seconded, to direct the y Attorney to submit an amendment to the ��•isting ordinance to allow inspection of .ski :�ws to be initiated and completed by the City, ��lying all costs to the applicants. This will �e reviewed by the City Council at its March 28, ` '� Council meeting. Motion A . yes (4) - Nays �0) - � enry Muhich, Building & Zoning Administrator, tdted that the Planning Commission noted that 1 ' hough the building for the Stubbs Ba STUBBS BAY MARINA 445 Bayside Road, does meet the required 75 . 3445 Bayside Road y Marina, �234 � eshore setback, it exceeds the maximum 25$ - J�es McCleary - � 3rdcover in zone 2 (from 75' �0 250' from shore- ��) . They suggested reducin ' � comply with the code. g the building size , «el he will submit a newPproposal meeting theet. �r�icover requirements. � i , , ��applicant was also informed that the exposed, ecast metal surfaces of the structure would � ' <_ ire some contrasting material to meet the - � � g � • Ii �ldPlanning Comrlisslon determined a public hearing � ' be held regarding this pro osa ' i �ordinance does not require itP 1 even though , � rected to notify all propert Staff was � ie subject propert y °Wriers within 300 ' >n_g the shoreline ofyStubbsSBayny as possible • � (Continued) � � � � ' - RE�CHEDULED OROrJO COUNCIL MEETING HELD MARCH 17, 1977 Page 5 �� , Council Meeting - February 28, 1977 � STUBBS BAY MARINA Determined proposal consisted' of expansion of (Continued) • non-conforming use. Increasing number of slips ! and summer boat storage. Staff - March l, 1977 � Inforr.led Mr. McCleary of Council ' s directive. S Staff - March 2, 1977 � Received call from A�ir. ricCleary. He said he • would change propos;l. Would request approval to construct a 40'X a0 ' service building meeting • all zoning requirements. This is for servicing boats only. He said p.lans probably would not be completed • before the coming weekend. He will submit them on March 7, 1977. If the plan r,ieets all zoning , requirements, we can probably act on the proposal that night. �ae are all quite familiar with the � property. � Planning Commission P�ieeting - March 7, 1977 • Mr. McCleary submitted a revised proposal for Stubbs Bay Marina. The new proposal consists � of a 50' X 80' structure. This structure would be used for servicing of boats and the sale of marina supplies only. There would be no storage of boats except for the purpose of sale and � repair. Proposed structure would meet all set- � back reguirements. The Commission reviewed the site plan and elevation � plans of the structure. The exterior surface of the structure would consist of a combination of wood, architectural metal �anel and manserd � shingled roof to provide a contrasting affect. The Planning Commission recommended approval of � the proposal subject to the following conditions: � l. There will be no change to the shoreline. 2. Removal of all other existing buildings. � 3. No permanent exterior boat storage. * Welsh moved, Butler seconded, to approve the • request of James McCleary, Stubbs Bay Marina, 3445 Bayside Road, per the Planning Commission , Minutes, subject to: � • 1. There will be no change to the shoreline. 2. Removal of all other existing buildings. � 3. No permanent exterior boat s�orag�. 4. P10 conditional uses, � 5. No variances Perriitted; �roposal to be within the � existing code. Motion, Ayes (4) - Nays (0) . � s � RES�HEDULED ORONO COUNCIL MEETING HELD MARCH 17, 1977 Page 6 Henry PQuhich, Building & Zoning Administrator, SUBDIVISION stated that it was suggested to 'the Victoria 500 North Arm Drive � Grain Company to submit another revised plan #200 • indicating all proposed changes and requests. Victoria Grain Company Revised plan would be referred back to the Planning Commission for recommendation. Revised plan should indicate all utility and drainage � easements. � Planning Commission Meeting - February 22, 1977 � Tabled. No revised plans or representative. Staff - March 2, 1977 Enclosed for your review are copies of the latest letters I received from the developer' s attorney along with the conservation easement descriptions. � I am also enclosing copies of the perc test reports and latest revised site plan (revised plan #II) which includes dock facilities for the properties. Please note the proposed dredging and location of depositing the spoils from this dredging. I believe the proposal conflicts with our wetlands ordinance unless we approve a variance. We must keep in mind that any consideration of approval of this project would also require a variance �rom our current moratorium on wetlands and dredging proposals. The applicant has not, however, submitted any * plans for projected septic systems for the individual lots. When and if, I recieve these, ' I will forward them to our engineer for review • and report. � Planning Commission Meeting - March 7, 1977 The following were present: Robert Cargill and Richard Doherty, owners of Victoria Grain Company; � Steve Wilensky and Mr. Brauer, Brauer & Associates; John Lambin, Developer; and John Hacking, attorriey. � The zoning Administrator presented the third set S of plans (seconded revised set) . The newly revised proposal includes a multiple dock and � wallcway over the marsh to the channel. Mr. Wilensky brought forth a three dimensional � topographical model. Mr. Hacking explained to the Commission that the C�ty would be given a conservation easement over �11 outlots with the following conditions: (Continued) � RESCHEDULED ORONO COUPJCIL MEETING HELD MARCH 17, 1977 Page 7 1. Outlot A could at some future time be SUBDIVISION combined with the existing substandard lot 500 North Arm Drive to be used as one conforming building site. (Continued) * . The property owners of the seven parcels would retain the right to maintain the dock on Outlot B. 3. Maintenance dredging on Lots B & C. After some discussion, the Planning Cor.imission � determined that although there was some HaMel soil conditions on Lots 4 & 5, these lots would still contain adequate dry buildable area. The Planning Commission was greatly concerned about the proposed dock and dredging from the environ- mental standpoint. The Planning Commission recommended approval of the preliminary plat subject to the following a conditions: l. Developer obtain approval of all other agencies ' (DNR, MCWD, L2dCD) for the proposed dock and dredging. � 2. Mr. Brauer, developer' s engineer, submit a written report regarding the environmental S impact of the proposed dock and dredging. 3. Conservation easement over all outlots as agreed. , . Vehicles would be restricted from the common access to the dock. 5. Appropriate park dedication fees. 6. Approval of City Engineer and Attorney. � 7. Approved designed septic systems for each individual parcel before building permits � are issued. + 8. The dock on Outlot B would service only the projected seven parcels of the subdivision. � The Zoning Administrator inquired if the required pilings and dredging would necessitate a variance from our wetlands moratorium. The Planning Commission determined a variance was not required. � Mayor Van Nest commented that the intention to ` dredge is a matter of concern that the Orono Council should not be addressing themselves to tonight. The proposal in front of us is a subdivision preliminary (revised plan) . Councilman Gary Welsh commented: is dredging in ' the public interest? Mr. Robert Voight cor.unented that,in the past, an �ld dragline had worked in the area and he felt that if the City of Orono were to approve a sub- � division allowing dredging and installation of docks, all residents should be allowed to do the same thing. (Continued) � - RESCHEDULED ORONO COUNCIL MEETING HELD MARCH 17, 1977 Page 8 The question was raised: is there sufficient SUBDIVISION s water to allow navigation and what determines 500 Nort� Arm Drive ! where the lake is? (Continued) � Mayor Van Nest commented that elevation 929. 4 determines where the lake is. It appears that the question before us is not only the proper subdividing of land into buildable lots, but the dredging of new areas which does not relate = to maintenance of existing channels. ! Mayor Van Nest continued by stating that it appears by reviewing the proposed subdivision that there are other alternatives to what is being presented tonight and it would certainly be in the public interest to consider what is reasonable and has the least impact on the area. � Mr. Hacking, representing the applicant, commented � that he is not requesting action this evening and would want to review their proposal indepth when considering changing Outlots .B & C. Byrne Williar_is, Tom Williams, Dave Anderson, and R. P, 4Thite, residents from the area, stated � their opposition to the proposal. Mayor Van Nest then asked the applicants and �interested citizens for their input commenting that riparian rights in the proposed subdivision have been established. It would seem reasonable to request the applicant to review their proposal and: l. Check width of existing channel S 2. Consider easement wordage 3. Consider redrawing outlots 4. Review Outlot B as it relates to the channel 5. Differentiate between new dredging and maintenance requirements '� Mr. Hacking agreed to consider the Council' s concerns and requested to be entered on the March 28, 1977 Council agenda. � e ` RESCHEDULED ORONO COUNCIL MEETING HELD MARCH 17, 1977 Page 9 � The `variance request for a fence setback for Mrs. VARIANCE Robert Gasch, 1030 Tonkawa Road, was deferred to the 1030 Tonkawa Road Council Meeting of March 28, 1977. #199 Henry ?suhich, Buidling & Zoning Administrator, stated SITE & ELEVATION PLAN � a memo dated March 4, 1977, that Frevert & Hall 2477 Shadywood Road Tonkawest Development) , 2477 Shadywood Road, are Frevert & Hall requesting approval of an addition to the existing Marketing Research center on County Road #19 , across the street from the Freshwater Biological Institute. I am enclosing copies of the site and elevation plans as submitted. The existing structure is 1, 543 sq, ft. in _area. The proposed addition would be 3, 360 sq, ft. e in area plus a small 15 ' X 15' foyer. The ordinance calls for one parking space for each 200 sq. ft. of � office floor area and one parking space for each 700 sq. ft. of storage and entry area. Using this ratio, the operation would require 40 parking spaces. The plan indicates 42 parking spaces. , The lot area meets the B-4 zoning area requirements. The proposed structure would meet all setback , requirements. ' Planning Commission 2ieeting - March 7, 1977. ! The Zoning Administrator presented the proposed site ; � and elevation plan. Proposal consists of two floors. First floor will be occupied by applicant and second ' floor will be rented out until such a time when applicant would be able to take over the second floor. 3dition would be of the same architecture and would ,:,e no higher than present structure. There will be ' no change in the natural drainage. ` Planning Commission recommended approval of the site � • and elevation plan subject to the following: 1. Additional screening be planted along the back , between the commercial and residential area. ` 2. Cor�bination of lots. ' 3. Sewer and water assessments be resolved. � S End of inemo " Council 2-seeting - March 17, 1977 Welsh moved, Butler seconded, to approve the site � and elevation plan for Frevert & Hall, 2477 Shady- wood Road, per the Planning Commission Minutes of March 7, 1977, subject to: 1. Additional screening be planted along the back � between the commercial and residential area. � 2. Cor,ibination of lots. 3. Sewer and water assessments be resolved. 4. Rer►ove 8' X 6.5' building. 5. Screen equipment. 6. Include schematic landscaping and final review and approval of sar.ie. Motion, Ayes (4) - Nays (0) . s � KESCH�DLUED ORONO COUNCIL MEETING HELD MARCH 17, 1977 Page 10 � Mr. Douglas E. �lint, representing Mr. Gary GARY PETERSEN • Petersen, read into the record his concerns as 3545 Ivy Place e �ecorded in previous Council minutes stating hat: � I represent Mr. P. Gary Petersen, who has submitted (` an application �or a variance on the above described property in the City of Orono. The property is • located on ivy Place in Casco Point. y Mr. Petersen acquired the property in 1976 from � the estate of Arthur P. Bendel with the intention of building his home on the property. r4r. Bendel � has owned the property since 1958. The property was platted in 1885 as Lot 184 of Taylor' s Sub- • division of Spring Park Lots and was in compliance with all zoning and platting laws at the time it � was platted. The Village of Orono subsequently � accePted and approved the plat. , Of the 13 lots in this subdivision, r4r. Petersen' s property is the largest. The other 12 lots range � in size from 10, 400 sq. ft. to 12,500 sq. ft. Mr. Petersen' s property measures 14, 271 sq. ft. • on the plat. Al1 other lots in the subdivision . have houses erected on them. Only Mr. Petersen' s property is undeveloped. � ze property has been assessed for sewer and water � and the following special assessments remain unpaid: $225. 00 sewer plant charge; $375. 00 SAC charge � sewer and water; and $250. 00 park dedication fee. Al1 special assessments will be paid if PZr. Petersen � is granted authority to build on the property. � In determining whether to grant or deny the variance � request, the Council should be concerned with the hardship on the property owner if the variance is � denied, the uniqueness of the property, and the interests of the City. � � If the City denies Mr. Petersen' s variance request, �* he will be stuck with a piece of property which � is absolutely useless to him. He can't build on it or put it to any productive use. The property � will be sterile and condemned as a practical matter. � It has been suggested that Mr. Petersen purchase the adjoining property and combine both properties � into one big lot. While this may sound like a good • solution, it is extremely impractical and perhaps impossible. The adjacent property is tax forfeited � and will be auctioned off later this summer. The ck taxes alone are over $10, 000 and one can' t redict what will be bid for the property over and above the back taxes. Moreover, there are redemption • rights to be considered, as well as the first refusal (Continued) i ' ,f � RESC�HEDLUED ORONO COUNCIL MEETING HELD ASARCH 17 , 1977 Page 11 � � rights of the City and the problems of obtaining GARY PETERSEN clear title. Mr. Petersen cannot afford an 3545 Ivy Place � �ditional $10 , 000 plus for this land or the (Continued) 3ditional time before he can get clear title. � This property is not readily available now and • may never be available for purchase. � As stated earlier, the property had been platted over 80 years before the zoning restrictions � were adopted. The property is the largest lot in the subdivision and is the only lot which is • not developed. Prior to 1976 , Mr. Petersen' s predecessor in title could have built a house on � the property and there would have been no � restrictions in the sale of the dwelling and land to Mr. Petersen. Should r4r. Petersen � be penalized for the failure of his predecessor in title to build on the property? � The uniqueness of the property is also demonstrated i by the fact that the property has been assessed for sewer and water. Implicit in an assessment � of this nature is a finding that the lot is + buildable. If the lot is unbuildable, the assess- ment is invalid. • Of primary concern in the granting or denial of • -�y variance, aside from the hardship to the owner, � � the interest of the City. Factors to consider in analyzing the City' s interest are the welfare � of the community and the City' s planning ojectives. � The welfare of the community can only be enhanced by allowing Mr. Petersen his variance. To deny � the variance would be to sterilize the property. Since the property would be unbuildable, taxes and • special assessments would be unpaid. If the variance were granted, a dwelling would be placed on the � property and the taxes and special assessments would � be paid. The tax base for the City would be increased to the benefit of the community. Moreover, � the house Mr. Petersen plans to build on the property is a quality house which would increase the property � value of the surrounding lots. • Not only would the variance enhance the welfare of the community, but it would have no adverse effect. Since � sewer and water are in, there would be no pollution � or environmental concern. It obstructs no one' s view of the lake. In fact, the houses across the alley � all face the lake and most have their garages and fences along the alley. Mr. Petersen has spoken with � everal of the neighboring property owners and none �ve expressed any concern or ojections about his proposed house. (Continued) y, � � i � RESCHEDULED ORONO COUNCIL MEETING HELD P4ARCH 17, 1977 Page 12 � � If the Council were to grant a variance in this GARY PETERSEN case, it does not necessarily mean that any suYr 3545 Ivy Place � -tandard lot would be entitled to a variance. _ach lot must be taken on its own merits and � considerations which would prompt a City Council ! to grant a variance in one case may not be present in another. A precedent would not be established � if a variance were granted in the present case. � Mayor Van Nest stated that in comparing his computations of lot sizes with Mr. Klint' s there ` are vast discrepancies in the comparison of lot sizes. Our information indicates that the size � of Lot 184 and part of Lot 185 is much smaller � than your information tells us. This has to be resolved. You tell us that lots platted in the A 1800 ' s are buildable today. Ouz records indicate that other lots have been combined to conform to A existing zoning requirements. In the 1800 ' s, small lots with summer cottages were prevalent. Todays � standards have changed. Not only have zoning � requirements changed, but so have building codes changed. Our policy not only recognizes these � facts, but Orono also has directed itself to environmental concerns that do effect the safety, � health and welfare of its residents. • 'r. Douglas Klint commented that the City is ` .epriving the owners right to build on his progerty. Mr. Petersen continued by stating that � the environmental quality of the lagoon should be considered but building on this proposed lot �, will not increase runoff but will enhance it because of grass being planted rather than the r existing condition - of the vacant lot as it exists today. • • Mayor Van Nest commented that this building will establish further hardcover (38�) , which requires � an additional variance. Hardcover is an issue that must be addressed to ecologically since the � proposed site drains directly into the lake. Mr. Doug Klint stated that the applicant, Mr. Petersen, � has signed a purchase agreement for this lot. Bruce Malkerson asked the applicant, Mr. Petersen, if he � would be reimbursed if the variance was denied. Mr. Petersen answered 'yes ' . Mr. Malkerson asked if � Mr. Petersen had full knowledge that the lot was � substandard before the purchase. Mr. Petersen answered 'yes' . Mayor Van Nest stated that the Council does � not have proper facts to act on at this time. The applicant, through staff, should address themselves • o: � (Continued) � � • � � RESCHEDULED ORONO COUNCIL MEETING HELD MARCH 17, 1977 Page 13 � 1. Hard cover GARY PETERSEN 2 . Discrepancies in lot sizes ' 3545 Ivy Place �. Research possible combination of other lot contiguous to proposed building site �Continued) � 4. Review drainage patterns into the lagoon and � lake. � Mayor Van Nest closed by informing the applicant that the City does want to cooperate with him to • resolve the problem that confronts us and it appears, at this point in time, that all alternatives � have not been researched to reach a reasonable � solution. • � 1 • • � • � � r � 1 * • � �i i 3 • • ` a � • • • � � RESCHEbULED ORONO COUNCIL 2�EETIPJG HELD MARCH 17, 1977 Page 14 C► Henry Pluhich, Building & Zoning Administrator, RIGHT-OF-WAY FENCE stated that on March 10, 1977, he informed P4r. 2605 2lorth Shore Drive �arles Pihl, 2605 Plorth Shore Drive, that the Charles Pihl ence he was having installed appeared to be � located on the City right of way. I suggested � he consult a surveyor to confirm the location. � He followed my suggestion first thing P4arch 11, 1977, and met with me later that day to explain � his probler.l to me. It seems he has failed to follow the proper procedure in confirming his lot � line before proceeding with his fence. All the fence posts are erected. Only the stringing of s the wire mesh remains for completion of the fence. � Mr. Pihl is somewhat in a bind now that I have -� stopped the project. He is sclzeduled to receive six geese and swans soon, and he would like to � provide the security fence for them. � I ar,i enclosing a copy of his survey and letter � requesting permission to complete the fence with assurance that the fence will be moved as soon as + weather permits, but no later than February l, 1978. • When he informed me of his intent to keep fowl on his property, I told him about our current problem � -ith wild fowl feeding and instructed him to make sre any feeding of his domesticated fowl was done � under some protective covering. � Mr. Pihl would like sor.�e direction as soon as � possible. He has been very cooperative to this point. � Letter from P4r. _ Charles -R. Pihi dated P�Iarch 11, 1977 states: - � . I wish to thank you for the time that we spent together this morning going over the fencing Matter � at r.►y home at 2605 North Shore Drive, Orono, Minnesota. � Regarding the matter of the west line fence at my property, I would like to request of you a delay in • relocating said west line fence until such a tir.ie as we can get into the slough, but to be fully completed � not later than February 1, 1978. In reviewing this t matter completely this morning, ahead of our r.leeting, the fencing contractor deterrlined that it would be � nearly impossible and horribly expensive to attempt the relocating unless the slough does dry up or we ♦ have the ice to work on. � f this request is granted, I agree to hold the Village � Orono harr�less. (Continued) � � � � RESCHFDULED ORONO COUNCIL MEETING HELD PZARCH 17, 1977 Page 15 � Mr, rsuhich, if you would give this request reason- RIGTH-OF-WAY FENC� * able and prompt attention, I would appreciate it 2605 North Shore Drive so r.luch, as the fencing contractor would li}�e to (Continued) �omplete this job by Monday or Tuesday of next week. • Please find enclosed a copy of my survey showing the � area involved and showing also the �ortion that as of today is being cor,lpletely removed. � � Again, I appreciated your very fair consideration and enjoyed so much the pleaseure of rleeting vou � and know I will enjoy �oorking with you in the future. � End of letter • �Iayor Van Nest requested the Building & Zoning S Administrator to notify Mr. Pihl of Orono' s concerns of fenc�rg in public water on private land and to re- � quest the�Nlinnehaha Creek Watershed District and the Department of Natural Resources recor.unendations on � this matter. • Henry r4uhich, Building & Zoning Administrator, STATUS REPORTS � informed the City Council that the following items � were being reviewed by the Planning Comr•_►ission for Council action at a later date: Jack Rhode, 1410 � Bohns Point Road, variance; Llorth Shore Marina, 222 Pdorth Shore Drive, 1977 license application � teview; Review Platting Ordinance; Review j�letland Dredging & duck ponds (Moratoriur,►) ; Review park � status (P�oratorium) ; William Levering, 275 �•lillow Drive, subdivision; M. Kathi Ellis, 3740 F7ayzata � Boulevard, conditional use permit for dog kennel; � Williar;i Odden, 3459 North Shore Drive, lot area & width variance. � � Mr. Greg Frank, City Engineer, reviewed the report PROPOSED SUBDIVISION & on guidelines for on-site disposal systems and PLATTIPIG REGULATIONS � his review of the proposed subdivision and platting • regulations stating that: � We have reviewed the rough draft of the proposed Subdivision & Platting Regulations Ordinance and � offer the following comments: � l. Section 78: 24, Subdivision 2 , we recomr_Zend that the following item be included: � f. Date of preparation � 2 . In Section 78 : 24 , Subdivision 3, we recorunend that items c,e, and h be changed to read as � cfollows: � c. A general tabulation on the total approximate acreage and dimensions of the lots and acre- ages of wetlands. � e. Location and size of existing streets, railroads, sewers, . . . . � (Continued) � S' RESCHEDULED ORONO COUNCIL MEETING HELD r4ARCH 17, 1977 Page 16 � h. In plats where public water and sewer are PROPOSED SUBDIVISION & not available, the subdivider �ay be required PLATTING REGULATIONS � � the City to file a report prepared by a (Continued) � registered civil engineer on the feasibility of individual on-site sewer and water systems � on each lot, and shall include soil borings analyses, percolation tests, and soil maps to � verify conclusions. 3. In Section 78. 24, Subdivision 3, we recomr.iend that � the following items be included: i. A Natural Resources Analysis containing the � existing vegetation areas consisting of • forest and woodlots as well as wetlands and wetland vegetation; the geology, slope, soil � and ground water characteristics of the site; existing lakes, streams, ponds, drainage aj swales, run-off settling areas, and floodplains must be identified; analysis of the relationship � of the proposed use of the existing natural • conditions listed above. j . If the proposed : subdivision is a rearrangement � or a replat of any former plat, the lot and block arrangement of the original plat along � with it original names shall be indicated by dotted or dashed lines. Also, any revised • or vacated roadways of the original plat shall be so indicated. � 4. In Section 78 : 24, Subdivision 4 , we recommend that • item b be changed to read as follows: b. Locations and widths of proposed alleys, �, pedestrian ways, and easements. 5. In Section 78: 24, Subdivision 4, we recommend that ` the following items be included; k. Circulation - including vehicluar and pedestrian � movement throughout the site, relationship to the adjoining land, a descriptive statement ` of objectives and standards for the various � circulation elements and the proposed jurisdiction of each component. � l. Mass grading and drainage plans - indication which areas must be adapted to allow the � development proposed and how it will visually and physically affect adjoining lands, and � what soil erosion and sediment controls are • to be employed. Plans shall be prepared at two-foot contour intervals. � m. Staging plan indicating geographic staging and approxir.iate sequence of the plan or �ortions � thereof. n. Design calculations for location, size and • type of sanitary or other sewerage disposal facilities; waterr.�ains and hydrants and other « utilities; storm water drainage facilities � including culverts, storr.► sewers, ponding facilities, and sedimentation traps; and other pro�osed improve- � ments such as grading of lots and blocks. � (Continued) � � � RESCHEDULED OROiJO COUNCIL MEETI2IG HELD MARCH 17, 1977 Page 17 � . o. Proposed center line grades of all new PROPOSED SUBDIVISI02d & streets and alleys, if any, and a complete PLATTING REGULATIONS � set of profiles showing both existing and (Continued) proposed grade lines, and a typical cross � section of the street. �' End of letter � These items will be agended for a Council and Planning w Commission work session on April 14, 1977 at 7: 00 P.M. � The petition for Ivy Lane was deferred until the IVY LA21E PETITION � meeting of March 28, 1977. � The Minnehaha Creek Watershed District report was MINNEHAHA CREEK WATER- � deferred until the meeting of t-larch 28 , 1977. SHED DISTRICT i The ring route on Hennepin County Road #19 & #8 RING ROUTE and U. S. Highway #12 was deferred until the � meeting of March 28 , 1977. � � � Dick nenson, City Administrator, inforr_led the SALES RATIO STUDIES City Council that Mr. Don Monk, Hennepin County � Assessor, has agreed to release bottom line figures to the West Hennepin County Assessment District � in Comparison Sales Ratio Studies related to our 3istrict and other cities in Hennepin County. This ` information will allow us to measure the effectiveness ' of our assessment district. The data will be avail- able to us the latter part of May. � � Dick Benson, City Administrator, submitted to the METRO COUNCIL TIME City Council a letter received from the Metropolitan SCHEDULE ` Council stating that: • This letter is to confirm the time schedule we � talked about on the telephone today for the resolution of issues affecting Orono' s Syster.i ; Statement and Comprehensive Sewer Plan (CSP) . � Friday, March 11 (tentative) - Meeting with staff of Council, r�acc, and PCA to discuss design of � Orono-Long Lake interceptor. Friday, March 18 - Meeting with Council staff and � P1WCC staff to discuss draft of CSP review. • Thursday, March 31 - Physicial Development Committee of Council will adopt CSP review and recommendation. � Thursday, April 14 - Council will transmit final System Statement containing adjustments adopted in the � CSP review. � (Continued) � � � � � + RESCHEDULED ORONO COUPICIL r1EETING HELD MARCH 17, 1977 Page 18 � The Cor.lprehensive Sewer Plan review will inciude METRO COUP7CIL TIME a recomr,iendation from the staff ' for changing the SCHEDULE ��Orono' s urban service area in Orono. If passed (Continued) �t�y the Council,this recommended urban service area will be included in Orono' s System Statement. � The Development Frar.lework will be formally ar.�ended later this year, when requests for other similar � A'IUSA line changes have been evaluated. � I hope this procedure will be satisfactory. It should result in a System Statement that reflects � the Council' s current plans for the Orono area + and, by the end of the year, an up-�o-date Development Framework map. ~ I am sorry for the misunderstanding that has + apparently existed, but I think we' re back on track now and can get a mutually agreeable System � Statement issued to the City by mid-April. � Alexander L. Dean A Metro Council - I��WCC ('hr�nology as subr,titted by the ,� Building & Zoning D�nartr.tent 11-8-76 Orono Council a) adopted the Comprehensive Sewer Plan with revisions � b) were notified of the Public Hearing • scheduled 11-10-76 c) set forth a Policy Statement on the � interceptor plans * 11-10-76 Public Hearinq at FWBI on Orono-Long Lake Interceptor Sewer. Transcript of Hearing � to be sent when available. 11-26-76 Orono received the P�etro Council Preliminary � Systems Stater►ent which included sewer � statements such as on page 26 where "the entire corporate limits of Orono" are to + be served by the proposed interceptor. � � 12-2-76 Orono officials and staff attended a P4etro Council Workshop to be familiarized with � the systems statement procedures. • 12-13-76 A1 Olson call to Sandy Dean to set date for meeting. Asked for co�y of P�sinnetonka � Beach stater.lent when it becomes available. 12-13-76 Orono Council - approved the revised sewer r service area maps and revised flow estimates. . Piaterial forwarded to P�[�7CC, PCA, Pletro Council, Medina and Long Lake. � 12-17-76 Orono staff attended Metro Council workshop � dealing with system statement procedures. (Continued) � r � r • �;,�Ci3EDULED ORONO COUN�:IL r1EETING HELD 24ARCH 17, 1977 Page 19 � 12-20-76 Orono officials and staff set with METRO COUNCIL TIME Sandy Dean and toured Orono to familiarize SCHEDULE � him with our particular situation. He (Continued) said that Orono was to define the P4USA r line location. � 1-4-77 Orono officials and staff inet with Metro Council and MWCC staff to discuss Orono' s � systems stater.ient. + a. Orono' s official reply to the Systems Statement delivered to Sandy Dean. � b. Sandy Dean: "the 1990 lstJSA is pretty well resolved - if the 1990 growth � ' can be accommodated. " c. MWCC (Ray Odie) believes that all • development within the interceptor service area must be connected within � two years, or he cannot approve of � the sewer plan. d. Elaine Stanley says that if Orono will � define health standards deterrlinating sewer connection requirerients, that � Metro Council should accept "future" hookups with no fixed time schedule. � e. Don Bloom (MWCC) to get Orono a letter on their review of our Sewer Plan. f. Sandy Dean to circulate a memo and get � Orono a response to Metro Council staff feelings about our P'IUSA line problems. � 1-19-77 Letter of Transmittal to John Boland, Metro ,� Council, with copies of our reply and revisions to the Orono Preliminary Systems � Statement. + 3-4-77 Orono officials and staff r.1et with Metro Council staff to discuss progress on , resolving the MUSA line question.-- a. - Sandy Dean wants Orono to "be prepared � to expand the Urban Service Area".= Says the r'IUSA line shown by Metro � Council will not be changed on the final systems statement, and will charge only '� if and when the final Orono Plan is � approved. b. Orono staff went to MWCC to see why Orono + had not yet received any transcript of the 11-10-76 interceptor public hearing. � It was discovered that a final report had been prepared by MWCC and forwarded to r the MPCA (and P�etro Council?) on 2-8-77, • but that Orono had never been so informed. Orono requested copies of same. � 3-8-77 Orono received two copies of the Orono-Long Lake � Interceptor final report. Orono received letter from Sandy Dean with meeting schedule to review � the sewer question. He says the Pletro staff will recoru�end a change in the MUSA line. � (Continued) � � r • RES�CHEDULED ORONO COUPICIL MEETING HELD MARCH 17, 1977 Page 20 � 3-11-77 Tentat�ively scheduled meeting with Metro NiETRO COUNCIL TIME staff, P'l�9CC, MPCA. ' SCHEDULE �3-18-77 Meeting with 1�4etro staff and P�aCC to (Continued) � discuss CSP approval. • 3-31-77 P�etro Physical Development Committee to adopt CSP. * 4-14-77 Metro Council scheduled to transmit the • final Orono Systems Statement (due prior to 7-1-77 at latest) . � Greg Frank, City Engineer, submitted a projected * sewage flows for the proposed Orono-Long Lake interceptor as follows: March 10, 1977 � � As requested, we have tabulated the projected sewage flows relative to the Orono-Long Lake Interceptor � for the following conditions: � l. Flows as tabluated from the Addendum to the Interceptor Report, Table 10 for Alternate A i (attached Exhibit A) . � � 2. Flow as tabluated in Table 10 less flows from the following areas: Maple Plain, Baker Park, � P4edina, and Vo-Tech. The Medina-R4orningside flows were included in this tabulation � (attached Exhibit B) . � 3. Flows as outlined in the Orono Comprehensive Sewer Report and delineated in your memorandum � to the Metropolitan Waste Control Commission * on December 1, 1976 (attached Exhibit C) . + End of letter � See attachments Exhibits A, B, & C � i � • ! • i • • � � • • � . Page 21 ` � � ., � EXHIBIT A � SEWAGE FLOWS BASED ON TABLE 10 FOR ALTERNATE A OF THE "ADDENDUM TO THE PRELIMINARY ENGINEERING REPORT: ORONO-LONG i.Ai;F • ZNTERCEPTOR (BY McCOMBS-KNUTSON ASSOCIATES, INC. ; April 1, 1976) . � � FLOWS I w CITY AREA CODE C .F . S . G.P .D. M.G.D. j I Orono 1 1 . 54 1, 008 . 184 1 . 01 � 2 0. 74 478, 241 0.48 3 0. 09 58 , 165 0. 06 - • Sub-Total . . . . . 2. 39 1, 544, 590 1. 54 � Long Lake 1 0. 02 12, 925 0 . 01 � 2 0. 70 452, 391 0.45 � Sub-Total . . . . . 0. 72 465 , 316 0. 47 Minnetonka Beach 1 0. 13 84, 015 0. 08 Maple Plain 2 0. 28 180, 956 0. 18 � Baker Park 2 0. 05 32, 314 0. 03 Medina 2 . � Morningside Area 0. 07 45, 239 0. 05 '� Residential Through Maple • Plain 0. 08 51, 702 0. 05 � Vo-Tech 0. 07 45 , 239 0. 05 � Sub-Total . . . . . 0. 22 142, 180 0. 15 • TOTALS . . . . . . . 3. 79 2,449, 371 2.45 1 ` � • � � . � � � . . Page 22 � � . � EXHIBIT B r � SEWAGE FLOWS FROM ADDENDUM, TABLE 10 FOR ALTERNATE A, LESS : � Maple Plain, Baker Park, Medina, and Vo-Tech, But Including Medina Morningside. • � FLOWS S C.F. S . G.P.D. M.G.D. � Orono 2 . 39 1, 544, 590 1. 54 - • Long Lake . 72 465, 316 .47 ! Minnetonka Beach . 13 84, 015 . 08 � � Medina-Morningside . 07 45 , 239 . OS � 3. 31 2, 139, 160 2. 14 • � - • � - � • r � • • r • a � � • � � �� � � � � � � r' � r � � � � � � � � � ` � � � � � � � � EXHIBIT C SEWAGE FLOWS FROM ORONO COMPREHENSIVE SEWER REPORT , , , AREA DEBCRIPTION • FLOWS C .F . S . G.P .D . M.G .D. Orono Areas 1-8 of Comprehensive Sewer 1 . 59 1, 027 , 000 1 . 03 Report (page 21 of Comprehensive Sewer Reporti) . ' Orono High School (Table 3 of Addendum 0. 13 82, 780 0 . 08 . to Interceptor Report) . Orono Industrial and Cotnmercial Area 0 . 14 90, 000 0 . 09 � (Table 7 of Addendum to Interceptor Report . Area No . 7 , commercial/industrial flow from Orono of 0. 14 cfs) . � Long Lake (Table 10 of Addendum to 0 . 72 465 , 000 0 .47 Interceptor Report . 0. 02 cfs in Area No . 2, total of 0. 72 cfs) . Medina-Morningside (Table 5 of Addendum to 0 . 07 45 ,425 0 . 05 Interceptor Report - Excludes . � Vocational Technical School . ) TOTALS . . . . . . . . . . . . . . . . . . . . . . 2 . 65 1, 710 , 025 1 . 71 ro w w m N W f +- RESCHEDULED ORONO COUNCIL MEETING HELD P4P,RCH 17, 1977 Page 24 � Dick Benson, City Administrator, informed the City . COMPREHENSIVE PLANS Council that the City of Orono has been notified GRANT �that we will recieve $2,874. 00 from the Metro S Planning Assistance Grant to assist us in developing Orono' s Comprehensive Plans. S � Dick Benson, City Administrator, stated that the SEWER USER CHARGE SYSTf City has received a letter from the P�etropolitan � Waste Control Commission which states: March 3, 1977 Thank you for the opportunity to review your User � Charge System submitted on February 18, 1977. � A member of our staff has assured us that your new . � rates will better reflect your actual sewer charges. In addition, these revisions continue to proportionally � distribute your cost equitable to the sewer residents of Orono and thereby provide revenue sufficient for � your needs. The Commission recognizes your efforts and approve of these revisions to your User Charge f System. Richard Dougherty Dick Benson, City Administrator, informed the City HOME IMPROVEMENT TAX Council that the City is in receipt of a letter r40RATORIUM � from R. B._ Benedict, Senator for District 38 stating that: � . February 7, 1977 � I am enciosing _for your review and comment -a copy of a. bill that_would put a moratorium on the taxing ! of all home- improyements. _ This bill is coauthored and supported by the Chairman of the Tax Committee, Chairman of the �ousing Committee, and Chairman of � the Energy Committee. The only stipulation on the bill is that the homesteaded structure must be five years old or older, and the improvement must not increase the square footage of the structure itself. As a state, we must stop discouraging the upgrading of residential property, including � desperately needed energy saving improvements. � The first Senate hearing will be taking place this � month, and if you have any comment, I would very much like to include your input into the hearing • record. � Robert M. Benedict (Continued) � . � � , � , RESCHEDULED ORONO COUNCIL MEETING HELD MARCH 17, 1977 Page 25 � Massengale moved, Welsh seconded, to adopt RESOLUTION #760 Resolution #760 , A Resolution For A Moratorium Home Improvement Tax n Home Improvement Tax. Motion, Ayes (4) - ays (0) . � ` Welsh moved, Massengale seconded, to accept the SUMMARY OF RECEIPTS, Summary of Receipts, Disbursements and Balances DISBURSEMENTS & BALANCE: for the month of January, 1977, which is also January, 1977 recommended to include a year to date column. � Motion, Ayes (4) - Nays (0) . � � Butler moved, Welsh seconded, to approve the 3. 2 BEER LICENSE • 3. 2 Beer License for the Orono Golf Course Orono Golf Course for the 1977 golf season. Motion, Ayes (4) - Nays (0) . � Dick Benson, City Administrator, informed the City PURCHASE � Council that after reviewing the Public �Vorks Front-End Loader ' Department needs for a front-end loader, it is apparent that the present machine has gone beyond its normal depreciation cycle and should be replaced as soon as Possible. Funds to purchase _ the machine will be generated from the Capital Equipment Outlay Fund, Revenue Sharing Fund and _ ''IR Fund. The Street Department will budget a ay back each year for five years including 5$ � interest to these funds from which the monies � were originally generated. Total cost to replace : the present machine shall not exceed $56, 000. � I recommend Council instruct staff to prepare specifications for Council approval at its Dsarch 28,- 1977 Counci� meeting, advertising through the 'r normal process during April,with final -bid opening • April 22, 1977 at 10 :00 A. M. and submission of successful low bidder for bid award at the � April. 25, 1977 Council meeting. Welsh moved, Butler seconded, to instruct staff to proceed with specifications for a front-end 1 loader for the Street Department, with bid opening April 22, 1977 at 10:00 A. M. , per the City Administrator' s above memo. Motion, Ayes (4) - � Nays (0) . • Welsh moved, Butler seconded, to accept the RESIGNATION � resignation of Duanne Johnston, Street Depart- Duanne Johnston ment employee, effective March 11, 1977 and �ayment of compensation due him in the amount f $1, 483.56 for one-third accumulated sick leave and accrued vacation. Motion, Ayes (4) - Nays (0) . � ' RES-CH�DULED ORONO COUNCIL MEETING HELD MARCH 17, 1977 Page 26 Mayor Van Nest moved, Massengale seconded, to WORK SESSION hold a work session for the City' Council and April 14 , 1977 �he Planning Commission on April 14, 1977 at : 00 P.P4. with the following agenda: 1. On-site disposal systems �' 2. Subdivision & platting ordinance Motion, Ayes (4) - Nays (0) . � Mayor Van Nest informed the City Council that LEAGUE OF LAKE CITIES the City is in receipt of a letter from Tim Lovaasen, Mayor of Mound, which states: � March 7, 1977 * On February 10, 1977 at the lOth Anniversary Party for the Metro Council , I talked to the Mayor of Shorewood, Steve Frazier. We spoke about the numerous problems each city had to deal with and agreed that many of these problems were identical for those cities in the lake area. We came to the conclusion that a League of Lake Cities was needed to aid us in working with the County, State and Federal governments in the areas of financial assistance and legislation. ?nitially, the purpose of this league would be to dentify the common needs for all the members. Once this was accomplished, the logical action would be to write up the proposed legislation and lobby as a group, to urge the passage of our legislation. As a league, we could lobby for needed changes or improvements from the County. It is suggested . that the league be rnade up of either all the mayors or a combination of the mayors and-councilmen from � the lake cities. I would appreciate your cooperation by discussing this with your councilmen and then contacting me with your comments, suggestions or contributions , to this idea. I can be reached by letter at the Mound City Hall or you can contact me personally S at home (phone number is 472-5486) . I am looking forward to an early reply. ' End of letter Mayor Van Nest and the City Council indicated strong � support for this concept. Mayor Van Nest will contact Mayor Lovaasen as soon as possible. � ! . � , RESeHEDULED ORONO COUNCIL MEETING HELD PSARCH 17, 1977 Page 27 A meeting has been scheduled at the Hennepin County RING ROUTE MEETING Public Works office for Thursday, March 24, 1977 P�arch 24 , 1977 �t 11: 00 A. M. regarding the ring route. ` Dick Benson, City Administrator, informed the VO-TECH SCHOOLS MEETING City Council that on March 29 , 1977 at 7: 30 P.M. , March 29, 1977 the Medina Council will be considering an amendment to their zoning code related to the Vo-Tech Schools. Mayor Van Nest noved, Butler seconded, to direct AMEND DOG ORDINANCE staff to include in the ordinance P�innesota Purebred Dog Association Standards and annual inspections � for March 28, 1977 Council review. Motion, Ayes (4) - Nays (0) . � Butler moved, Massengale seconded, to adopt RESOLUTION #761 Resolution #761, A Resolution Authorizing Radio Equipment Participation In A Contract With Hennepin County For The Leasing Of Radio Equipment. Motion, Ayes (4) - Nays (0) , Butler moved, Massengale seconded, to approve TRADE LICENSES the following licenses: Motion, Ayes (4) - -'ays (0) . Cigarette License , Roberts Vending - Jimmie' s Unicorn, Inc. t Movers License Badger Movers, Inc. y Trade Licenses Buchman Plumbing & Heating Company, Inc. - Plumber , Cliff Fadder & Sons, Inc. - Plumber & Sewer Hookup Mound Plumbing Company - Plumber E. H. Renner & Sons, Inc. - Well Driller Westonka Plumbing & Heating, Inc. - Plumber & Sewer Hookup s Massengale moved, Butler seconded, that the BILLS All Funds Accounts 4865 through 4965, 19507 .� and Liquor Store Accounts 11823 through 11834, be paid. Motion, Ayes (4) - Nays (0) . � RE�CH�DULED ORONO COUNCIL MEETING HELD t�IARCH 17, 1977 Page 28 ' Butler �oved, Massengale seconded, to reconsider RECONSIDER MOTION the motion �ade at the February 28, 1977 Council 3545 Ivy Place meeting regarding the variance request for 2�ir. Gary Petersen Gary Petersen' s property at 3545 Ivy .Place. Motion, �yes (4) - Nays (0) . � ; Butler moved, Massengale seconded, to adopt Resolution RESOLUTION #762 � #762, A Resolution To Abate Sewer And Water Assessments, Abate Assessments on Plat 43480 Parcel 6000 , Lot 184, 3545 Ivy Place. 3545 Ivy Place , Motion, Ayes (4) - Nays (0) . � � � Butler moved, Massengale seconded, to direct staff SUBSTANDARD LOTS + to locate all substandard lots in Orono and noting ASSESSMENTS all their assessr.ients. . i�iotion, Ayes {4) - .Nays� (0) . i - � Massengale moved, Butler seconded, that the meeting ADJOUR2dMENT ; be adjourned at 10: 55 P.M. Motion, Ayes (4) - ' Nays (0) . - � � �,. '/ !' -� � �_ �,�". . �•�,�-" � � � � �YC� �- L � tiilliam B. Van Nest, Mayor s , � � � ' � -j�'� _ � Attest: � �� >., �_; �� Walte Senson, Clerk-Adr.�inistrator t � t �