HomeMy WebLinkAbout11-28-1977 Council Minutes � - .
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� CITY OF ORONO
�Regular Meeting of the Orono Council, 7: 00 P.M.
NoveMber 28, 1977
�e Orono Council met on the above date with the
�following mer.ibers present: Mayor Van Nest,
+Councilmembers Butler, Paurus, and Pesek. Council-
member Piassengale absent. Also present: City
�Adr.ministrator Benson, Assistant Building & Zoning
Administrator Olson, City Attorney Pialkerson, and
»City Engineer Frank. Councilmember P4assengale
�arrived at 7: 05 P.P'i.
�Butler moved, Pesek seconded, to approve the MINUTES
�Niinutes of the Regular Pieeting of October 24, • �
1977, subject to amending Pages 10 , 12, 16 & 18.
'lMotion, Ayes (5) - Plays (0) .
�
?�Ir. Lee Tomlinson, Park Cor.unission Chairr.ian, PARK COr�iI�4ISSION
introduced Mr. Lee Erger recommending to the
�City Council Mr. Erger' s appointment to serve
on the Park Commission.
Mayor Van Pdest moved, Butler seconded, to appoint APPOIPITr�LENT
Mr. Lee Erger to the Park Commission for a three- Lee Erger
+year term. Motion, Ayes (5) - Nays (0) .
�
No cor.unents fror.► the Hurian Rights Corunission. HUP�d RIGHTS CODiIsiISSION
�
SNo cor�lnents froi:'i the Planning Comr.iission. PLANNING COMI�4ISSION
Councilr.►ember Paurus discussed Lake P4innetonka L.M.C.D. REPORT
�channel maintenance dredging and the L.r4.D.C' s
tproposed ordinance relating to dock uses.
wMr. Alan Olson, Assistant Building & Zoning Adr.iinis- CRYSTAL BAY LOT
�trator, entered into the record the following Lot 3, Block l, P�arkville
information concerning property owned by Mr. Bernard Bernard Kogan
�Kogan, Lot 3, Block 1, tsarkville, Crystal Bay, 1365 Brown Road South
r�which had been tabled at the Council r.leeting of
October 24, 1977, for further review bv staff,
�which states: +
�November l, 1977 - Staff
�Mr. Kogan would have to apply for and receive
a zoning variance before Staff could issue any
�building permit for this lot because it is under-
�sized compared to the minimum requirertents for
�s RR-1B zoning district. The lot area, 0. 3
es, is 15� of the required two acres. The lot
width, 80 ft. , is 40$ of the required 200 ft. (Continued)
�
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� REGULAR MEETING OF THE ORONO COUNCIL, NOVEP4BER 28, 1977 Page 2
� Site elevation information would have to be CRYST.�L BAY LOT
! subr.litted shocaing acceptability for on-site sewage Bernard Kogan
reatment systeri operation. Staff has had no (Continued)
� �ecent tests in this immediate area to even bec�in
to guess specific results on this lot. The lot
� is separately owned with no undeveloped land
available for expansion. �
�
The one factor which would tip the scales in
� favor of allowing construction on this lot is the
� pending sewer plant interceptor and the resulting
high probability of local sewer service to the
` Crystal Bay area. If the area is sewered, the
zoning could be expected to becone R-lA or R-1B.
� The lot is still undersized for that zoning, but
the ratio is less severe and the potential health
� hazard of insufficient sewage treatr_ment is elir.tinated.
� Staff recommends that no decision be r.iade on this
� lot until a complete variance application be made
with special attention to on-site sewage capability.
� Because the sewage situation can be expected to
change within the next few years, it r.iay be to
• Mr. I:ogan' s advantage to await municipal sewer
�� availability. This service will reduce the r,lajor
obstacle to allowing increased density �eithin the
� Crystal Bay area.
� staff - TJovember 23, 1977
� I understand that P'Ir. Kogan again expects to
appear before the Council at the November 28, 1977
� meeting. The only new information I have is that
• there apparently used to be a buildinq on this lot.
I stand by my recommendation that P-sr. Kogan submit
� a variance application with site evaluation information �
for drainfield installation if he expects an answer
� before ttle area is sewered. �
� Council D4eeting - November 28, 1977
� Air. Kogan commented that the-City had rezoned his
• property from cor.unercial to residential uses and
had also declared two-acre zoning in the area.
� Mayor Van Nest comr.iented that the property in question
� had at one time a building located on it and it
would be consistent with Orono' s Policies to grant
• a variance if P'ir. Kogan would submit an application
for a variance to lot size, lot width, and side
� yard setbacks, conditioned that all other variances
� are net, and that the use of the lot conforms to
�Orono' s on-site disposal system regulations.
� (Continued)
�
�
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� REGULAR PZEETING OF TFiE ORONO COUNCIL, NOVEPZBER 28, 1977 Page 3
� Mr. Kogan stated: I should not have to submit CRYSTAL BAY LOT
! a request for a variance. You have down-graded Bernard Kogan
• lot. Dick Benson, City Administrator, told (Continued)
� __� you had no ordinance to go on.
� I•Sayor Van Nest commented that the City does have
an ordinance which does require procedures for •
� granting variances. The City does not have an
ordinance allowing variances without proper
• application in situations as this one. The City
would declare the lot builc�able if Proper application
� is r►ade.
� Paurus r.toved, Butler seconded, to conceptually declare
� Lot 3, Block 1, P4arkville, 1365 Brown Road South,
to be buildable providing P4r. Kogan subr_iits proper
a application for variance to lot size, lot width,
side yard setbacks, conditioned that all other
� variances are met, on-site disposal systerm regulations
� are net and subject to conforming to U.B.C. regulations.
Motion, Ayes (� ; - Nays (0) .
�
I4r. Alan Olson, Assistant Building & Zoning Adminis- VICTORIA G�2AIPd COPZPANY
trator, informed the City Council that the City is 500 North Arm Drive
• in receipt of a letter frcan the Department of Natural #200
• Resources dated October 25, 1977, which states:
.ttaclied is a water resource permit authorizing
� the construction of approximately 600 feet of dock
� to provide r.iooring space for six boats. The dock
shall be constructed in accordance with cross sections
� and profiles labelled "Timber Catwalk - Plans" enclosed
with permit application except that the dock shall
`be liriited to a four-foot width along its entire
� length. �
� In order to prevent the loss or reduction of nutrient
intraprient and retention capacity in the aquatic
�vegetation of the r.larsh, it sha11 be necessary to
construct the wildlife dugouts in the winter. Further-
,more, tlle dugouts shall be isolated fror.i North Arr,t
,and Pdorth Arri Channel for the same reasons. "
.End of letter
�Council P�eeting - Nover_iber 28 , 1977
�Mr. Gordon Berg stated that P'ir. Cargill has received
his permit from the Departr.ient of Natural Resources.
�
•idayor Van PJest comnented that the application before
s is for construction of a dock and the Citv of
ono is not requiring construction of duck ponds.
uck ponds would require a variance to Orono' s
`Ordinance No. 125. Orono wants to address itself
to conservation easements and dock construction. (Continued)
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�2EGULAR I�lEETIt1G OF THE ORONO COUNCIL, NOVEPIBER 28, 1977 Page 4
��ir. Berg requested Council to act by motion allowing VICTORIA GRAIN COt�1PANY
�M to proceed with the final plat showing outlot 500 North Arm Drive
dock plan. (Continued)
�
Mayor Van Nest moved, Butler seconded, to approve a
�ock to serve Lots 3 & 4 , 180 feet paralle 1 to channel , �
30 inches wide, to be shown on final plat with
�approved outlot and conservation easement, subject to:
�uck pond construction will require a separate
application for a variance to Ordinance No. 125.
�Iotion, Ayes (5) - Nays (0) .
• I
�r. Alan Olson, Assistant Building & Zoning Adminis- REAFFIRI�4 RESOLUTION #851
rator, commented that at the Council meeting of 1410 Bohn ' s point Road
�lovember 14 , 1977, P4rs. Becker was present with a list �210
of questions. Discussion of Exhibits B, C, D and the Jack Rhode
�reneration of sar.le lengthy discussion of setback
lines and views - r.motions rnade on almost every �
�onceivable alternative.
�'he City Council a�proved resolution with minor
��hanges to be completed by Bruce D. P4alkerson.
axirnum dock length to be 100 ft. per ordinance.
�arriage house de*;zolition to occur prior to any
uilding permit. House location to be within
�etbac}: lines shown on Exhibit A (as modified by
c rlay Exhibit B showing extreme lake projection
��� line C-C and line D-D) .
lesek rloved, Massengale seconded, to reaffirm the
�doption of Resolution ##851, A Resolution Granting
ack Rhode A Variance To Allow Construction On The
�ot Known As 1410 Bohn' s Point Road � �ub�ect to
insertinc� H. "The three boats allowed pursuant to -
�his resolution may be owned only by Rhode or the
�wo present easement holders, Gregg Hannah and
arrell Stewart." Motion, Ayes (5) - Nays (0) . �
�
�r. Bill Kellev was not present. The Citv Council BILL �ELLEY DIVISION
deferred this item until later in the meeting. �
�
�r. Alan Olson, Assistant Building & Zoninq Adminis- . BIG ISLAND
�rator, entered into the record the follo���ing, #309
ated Idover.lber 14, 1977, which states : Durwell Vetter
�
Discussed application and Council nlan for Big Island
�o be eventually �ublic park propert��. Council
felt that the two-lot subdivision did r.leet our
�urrent requirerlents, but that the ParY. Reserve �
�trict should be given one last chance to acquire
e property before a subdivision �vas granted. This
�pportunity would be consistent with our narks planning
and with a Council resolution concerning Big Island.
�abled until December 12 , 1977 meetinq for resnonse
�y Park Reserve.
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� REGULAR MEETING OF THE ORONO COUNCIL, P10VEPZIIER 28, 1977 Page 5
� Mr. Alan Olson, Assistant IIuilding & Zoning SPECIAL ASSESSMENTS
�Administrator, entered into the record the 3400 Shoreline Drive
llowing assessraent review concerning the #320
� avarre Hardware Store, 3400 Shoreline Drive, Navarre Hardware
which states :
�
• Property has been assessed and has paid in full one
sewer unit and one commercial water unit. r'IWCC
formula shows three SAC units for the entire
� building (existing plus addition = 8096 sf at the
� rate of one SAC/3000 sf retail floor space) .
Therefore, staff recommends charging with the
� building permit two additional sewer units and
two additional commercial water units.
�
. Two se�aer @ $225 = $ 450
Two water @ $870 = $1, 740
• $2, 190 with perr.iit
� Council PZeeting - Pdoveriber 28, 1977
+ Paurus moved, Butler seconded, to approve two
� additional sewer units and two additional commercial
water units. Total cost payable to the City of
� Orono is $2, 190. 00. Motion, Ayes (4) - Nays (1) .
• Councilmember P�assengale Nay.
� Mr. Alan Olson, Assistant Building & Zoning SUBDIVISION
� Adr:tinistrator, entered into the record the 1550 Sixth Avenue North
following dated November 21, 1977, concerning #323
� a preliminary subdivision for James Lawrence, James Lawrence
1550 Sixth Avenue North, which states:
�
Mr. Lawrence and DZr. Herfurth were pr.esent.
�
i Discussed drainage plans and 50 ft. road width
as shown on preliminary plat. Several Commission
• members indicated preference of 60 f�. road width
to comply with our policy on roads exceeding
� 500 ft. in length. _
t Planning Comr►ission recommended approval of
prelirainary plat subject to the follo�aing
� conditions:
, 1. Approval of drainage plans by Cit_y Engineer.
� 2. � Approval of easer�ents by City Engineer.
3. Providing 30 ft. flowage easement along creek
� route (15 ft. to either side from center of
creek) .
� 4. Approval of proposed grades and drainage plans
� by [aatershed District. (Continued)
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� REGULAR P'iEETING OF TH� ORONO COUNCIL, NOVEPIBER 28, 1977 Page 6
� 5. Council approval of SO ft. access width SUBDIVISION
(discussed policy vs. ordinance requirerments) . 1550 Sixth Avenue North
�. Location of cul-de-sac as revised (further (Continued)
� from creek and natural drainage) .
7. Cor►pletion and recording of Doug Dayton' s
� proposed division.
8. Park dedication fee.
� 9. Title opinion addressed to the City and approved
' by City Attorney.
` The following letter concerning James Lawrence
property from City Engineer Frank dated October 28 ,
� 1977, states:
� "As per your request of October 17, we have reviewed
� the subject application.
� We have several concerns regarding the preliminary
plat for the James Lawrence property. Since the .
a grading plan is not included on the plat, it is
not possible to tell how drainage problems will
� be resolved. The existing creek is located very
close to the proposed cul-de-sac and problems with
� flooding may result if proper drainage is not
. maintained. . A culvert will possibly be needed to
provide drainage from the low area which is located
! between Lots 1 & 2 to the creek. A grading and
�rainage plan should be submitted and approved ,
� .�efore the preliminary plat is approved.
+ r�, power line which runs north and south is located
• on the apparent east property line of the plat.
Easements for this power line are not shown on
� the plat. "
a End of letter �
� The following letter from the PZinnehaha .Creek �
Watershed District concerning the James Lawrence
� property was received October 18, 1977 , which
• states:
� "The unnar.ied creek flowing through proposed Lots 3 & 4
is apparently part of the drainage system from
� Holy tlame Lake to Long Lake. Any development would
have to sustain this drainage capacity.
�
Grading and drainage of this property is subject
'� to review under the district' s rules and regulations
. including soils information if on-site sewage
disposal is anticipated. "
� nd of letter
�
� Mr. Greg Frank, City Engineer, submitted the attached
� letter dated Nover_►ber 28, 1977, which states: (Continued)
�
! Page 7
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.,.�.�-T � McCOMBS-KNUTSON �ASSOCIATES, INC.
� �:��-/�� CONSULTING ENGINEERS ■ IAND SURVEYORS ■ SITE PLANNERS
'^�Y�'�r�
'1� .
• November 28, 197? •
� �r
� -
Aank Muhich
• City of Orono . - ' -
. P.O. Box 66
Crystal Bay, Minnesota 55323
` Subject : Preliminary Subdivision
� Ja.mes Lawrence Property (#323)
s Dear Aank:
� On November 11, 16 and 21, I received additional information
� on the subject project from Gordon R. Coffin Co. , Iric. I am
of the opinion that the proposed subdivision is not acceptable
� and have the following comments:
� 1. Access to Lots 4 and 5 appears to be through a private
. road extending from County Road No. 6 to the west lot
lines of Lots 4 and 5.
� 2. The dry buildable lot sizes for Lots 3 and 4 are based
� on the gross lot area which includes the �reek that drains
through those lots. In the November 21 submittals, a
� 20-ft. drainage easement was shown along the entire length
• of the creek.
+ 3. A large portion of the soils in the subdivision have been
classified as Hamel or Glencoe soils. These soils typically
� are encountered in areas having very high water tables. In
the case of Glencoe soils, the ground is frequently ponded.
� Both of these soil types are unsuitable for septic systems.
� 4. Nearly all of the subdivision that is not classified as
� Ha.mel or Glencoe soils has slopes in excess of 12�. Again,
• these areas are -not recommended for on-site septic systems.
� An estimate of unsuitable soils for on-site septic system
by lot is as follows :
•
, Lot l: 50� Glencoe soils and the remaining 50;6 has
slopes in excess of 12°b.
�
Lot 2: 30`,� Glencoe soils and 50;� has slopes i.n excess
� of 12�.
� Lot 3 : 40� Hamel soils and the remaining 60� has slopes
� in excess of 12� .
•
12805 OLSON MENFORIAL HIGHWAY, MINNEAPOLIS, MINNESOTA 55441 TELEPHONE 1612) 5593700
• 22 NORTH MAIN STREET, HUTCHINSON, MINNESOTA 55350 TELEPHONE 1612) 879-8029
SOUTHWEST ENGINEERING DIVISION, MARSHALL, MINNESOTA 56258 TELEPHONE (507) 532-5820
� prnnted on recycled pa�er
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� Aank A�uhich , Page 8
November 28, 1977
• Page �vo � ' ,
� Lot 4 : 40� Aamel soils and 35� has slopes in excess
� of 12�.
� Lot 5: 20% steep slopes with a small pond. � '
� , •.
Lot 6: 30-40�� Aamei Soiis. . '
• �
Lot ?: 70-80� has slopes in excess of 12�.
�
• Lot 8 : ?0-80� has slopes in excess of 12�.
� By copying this letter to blr. Gordon Coffin, I am requesting
that he submit two copies of his November 21 submittals to you.
�
� Very truly yours,
� McC MBS UT N ASSOCIATES, INC.
•
r G g r nk, P.E.
� GF:ts
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• pnntecf on recytled paper
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� REGULAR r4EETING OF THE ORONO COUNCIL, r10VEr2BER 28, 1977 Page 9
� Council Pseeting - November 28, 1977 SUBDIVISION
1550 Sixth Avenue North
uncilmember Massengale asked if this information (Continued)
�, as new data and has the Planning Commission
reviewed this recent letter. Mr. Frank rePlied
� that his letter was �vritten today and had not been
reviewed by staff or the Planning Commission.
�
Mayor Van Nest moved, Butler seconded, to table
� the application of Jar:les Lawrence, 1550 Sixth
� Avenue North, until Decertber 12, 1977 and refer to
the Planning Commission to review the engineer' s
� recent data as submitted and to consider:
� l. Possible rearrangement of lots
2. Underlying road easerient
� 3. Hor1e Owner' s Association Agreement to r.laintain
private road
! 4. Innovative septic systems if soils are not
suitable
� 5. Address existing wetlands
i
• Motion, Ayes (5) - Nays (0) .
� Mr. Alan Olson, Assistant Building & Zoning SUBDIVISION
� Administrator, entered into the record the 1125 Spring Hill Road
�llowing concerning the subdivision request of #325
� �onley Brooks, 1125 Spring Hill Road, dated Conley Brooks
November 14, 1977, which states:
�
Letter to Greg Frank requesting review and
� recommendation for drainage purposes of determina-
� tion of all necessary drainage easements.
� Planning Commission P�eeting - Plovember 21, 1977
� Mr. Brooks and Mr. Herfurth were present. Planning
Cor.unission discussed flowage and conservation
r easer.ient designation and access to lake and
• riparian rights.
� Planning Commission recommended approval of
preliminary plat subject to the following conditions :
� 1. Approval of drainage plans and drainage and
� utility easerients by City Engineer,
2. Approval of flowage and conservation easement
� over wetlands.
• 3. Suggest applicant reserve the right to locate
a 6 ft. access to the lake. Upon determining
� location, designate walkway as outlot.
� Title opinion addressed to the City and approved
by the City Attorney.
5. Park dedication fee.
� 6. Additional 19 ft. right of way dedication along
County Road #6 to Hennepin County•
� 7. Permanent private easements on access roads as
� required. (Continued)
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� REGULAR PZEETING Or THE ORONO COUNCIL, NOVEr4BER 28, 1977 Page 10
S Council Meeting - November 28, 1977 SUBDIVISION
1125 Spring Hill Raad
�ayor Van Nest moved, Butler seconded, to approve (Continued)
� he preliminary subdivision request of Conley Brooks,
1125 Spring Hill Road, per the Planning Comr.mission
� meeting of November 21, 1977, excluding #3, which states:
"Suggest applicant reserve the right to locate a 6 ft.
� access to the lake. Upon determining location,
designate walkway as outlot. " P�Iotion, Ayes (5) -
� Nays (0) .
� Mr. Earl Dorn was not present concerning his request VARIANCE
for a variance at 4045 Watertown Road. This item 4045 Watertown Road
� was deferred until later in the r,►eeting.
�
• Mr. Alan Olson, Assistant Building & Zoning VARIAPICES
Adr.tinistrator, entered into the record the follow- 280 Tonka Avenue
S ing concerning a variance request of Dennis Krump, #335
280 Tonka Avenue, dated Nover.�ber 2, 1977, which states : Dennis Krump
�
Mr. Krurip (red cedar shake house) is rec�uesting
r several variances to add an attached garage to his
residence which is located on a substandard parcel.
� .
, Lot area requirements in this district are: area -
7, 120 sc�. ft. and width - 200 ft. His lot is 100 ft.
ide and consists of an area of 12,525 sq. ft.
� The sketch plan submitted seems to indicate there
is adequate area on the north side of the house for
� the proposed garage. This is somewhat deceiving
after rlaking a site investigation, however. The
�' north end location would require rer.moval of several
� large trees and some bushes. The land contour on� .
the north end of the house also presents a problem.
� A very steep hill from the road to the house would
create a problem with access to the garage (especially
,� in the ��inter) unless the hill were to be excavated
and removed.
� _
, A 50 ft. setback is required from a street adjacent
to a side lot line. This proposal indicates a 3 ft.
setback, so a variance would be necess�ary here again.
S Hill Street is an unimproved platted right of way.
� I have suggested he consider a smaller garac�e as
an alternative if the proposal as submitted is denied.
�
I have accepted the sketch in lieu of a survey to save
� the extra cost if the proposal is denied, fiowever,
� if it is approved,it should be conditioned on the �
�pplicant providing a current survey to verify data
s submitted.
(Continued)
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REGULAR MEETING OF THE ORONO COUNCIL, NOVEP�IBER 28, 1977 Page 11
� Planning Commission P4eeting - November 21, 1977 VARIANCES
280 Tonka Avenue
�r. Krump was present. Planning Commission (Continued)
ecomr,iended approval of the 47 ft. variance
- conditioned on applicant providing certified survey
� to verify 3 ft. setback from side lot line as
noted on sketch.
• Justification:
l. Topography of property to the north.
2. Preserve huge trees and foilage to the north.
« 3. Hill Street not ir.lproved
� Council 2leeting - Novei:lber 28, 1977
Mr. Krump was present.
t Mayor Van Nest moved, Pesek seconded, to approve
the variance requests of Dennis Krump, 280 Tonka
Avenue, per the Planning Commission meeting of
�, Novertber 21, 1977, subject to survey being provided
verifying 3 ft. setback. P�4otion, Ayes (5) - Nays (0) .
�
y Pesek moved, Butler seconded, to approve the annual SKI LICEPISE
• ski license for Ski-Tonka, 4680 Bayside Road, subject Ski-Tonka
�o:
1. Certificate of Insurance
� 2. Code compliance
3. Verification of ownership
�
` l�iotion, Ayes (5) - Nays (0) .
r
Mr. Alan Olson, Assistant Building & Zoning STUBB'S BAY MARINA
'� Administrator, is in receipt of a letter from 3445 Bayside Road
• James P-'icCleary concerning the Stubb' s Bay PZarina,
3445 Bayside Road, dated November 20 , 1977, which
states:
� "Per our conversation of November 17, 1977, I would
like to resolve the misunderstanding regarding the
1977 dock licensing with you. The purpose of this
� communication is to make sure that I don't lose
any authorized water slips. I see the situation
� as follows:
� 1976 (and previous) authorized # 66
1977 slips actually paid for 64
� License - 1977 63
�nclosed please find my check for $3. 00 for the two
• additional slips. I would appreciate a reissued
license for 66. ��
• End of letter (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 28, 1977 Page 12
� Council Meeting - November 28, 1977 STUBB' S BAY MARINA
(Continued)
3yor Van Nest commented that he and D1r. PZuhich
, __.et with Mr. P'IcCleary and his attorney, Mr. Stu
Perry, discussing their concerns which are:
�
1. Iiow to allow restaurant•
� 2. How to allow additional 200 to 300 rental slips.
. 3. Approval of r.larina building including tavern
and setups.
Mayor Van Nest continued by stating that he felt,
and it was explained to P4r. McCleary, that these
questions are difficult to answer. There are
several ways to approach this:
1. Rezone
2. Amend ordinance
3. Code should be clarified
4. 63 rental slips were originally allowed which
is all that can be annually licensed.
Mayor Van Nest moved, Pesek seconded, to refund
� $3. 00 to P�r. t�cCleary based upon 1977 license
which aJ.lows 63 slips. Psotion, Ayes (5) - Nays (0) .
'r. Alan Olson, Assistant Building & Zoning NEW STREET NAME
3r.linistrator, is in receipt of a letter from Woodhaven Drive
Williar:i D. Levering, dated November 17, 1977
which states:
� "This is to formally request the council accePtance
of the name "Woodhaven Drive" for my new subdivision,
Levering' s Woodhaven. This action will facilitate
� the proper and understandable numbering of the
mailing addresses of the subdivision.
�
Thank you for your attention to this matter. "
� End of letter
� Council Pseeting - Nover,iber 28, 1977
Mayor Van Nest moved, Butler seconded, to approve
the nar.le of Woodhaven Drive f_or [�illiam Levering' s �
� new subdivision, Levering' s �400dhaven. Motion,
Ayes (5) - Nays (0) .
� Mayor Van P1est requested Mr. Bruce P�alkerson, BIG ISLAND MAP
� City Attorney, to outline procedures in adopting
�n official map of Iiig Island and to be prepared to
iscuss this at the City Council' s Decernber 12,
1977 meeting.
REGULAR MEETING OF THE ORONO COUNCIL, NOVEPiBER ?.8, 1977 Page 13
Paurus r.loved, Butler seconded, to a�prove the BUILDING INSPECTION
redraft of the agreement and contract for building AGREEP4ENTS
! zspection services for Long Lake and P4innetonka
�each and to conceptually approve providing
inspection services for the City of P4edina with
final approval December 12, 1977. Piotion, Ayes (5) -
S Nays (0) .
� Mr. 131an Olson, Assistant Building & Zoning STATUS REPORTS
Administrator, informed the City Council that
the following items were being reviewed by the
� Planning Commission for action at a later date:
Joe Braun, 3024 Casco Point Road, subdivision;
� Colpepper Land Company, 40 Orono Orchard Road N. ,
. subdivision; West Shore Lafayette Bay Association,
2440 Old Beach Road, dredging; Thomas Lyon, 4790
North Shore Drive, variance; George Jackson
� Construction Company, 90 Willow Drive South,
subdivision; Forest Arms Subdivision, Carol
Sue Dongoske, review wetlands & riparian status;
Ed Lehman, 2440 Carman Street, variance; Ed Lehman,
2450 Carman Street, variance; Ed Lehman, 2414 & 2417
Carman Street, conditional use; John Hartwell, 820
Brown Road North, subdivision; Calvary PZemorial
Church, 2420 Dunwoody Avenue, conditional use;
Harry Gustafson, 2515 Kelly Avenue, variance.
Mr. Greg Frank, City Engineer, reviewed a letter FLOOD INSURANCE
from the Department of Housing and Urban Development,
• dated Piovember 10, 1977, which states:
Letter pages 14-16
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' I II II �it DEPARTMENT� OF HOUSING AND URBAN DEVELOPMENT
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°>���� FEDERAL INSURANCE ADMINISTRATION
� WASHINGTON, D. C. 20410
IN REPLY REFER TO:
CERTIFIED MAIL ZFE(151) :
� RETURN RECEIPT REQUESTED �QV � � ��� FLO-1
• Honorable Brad Van Nest
Mayor, City of Orono
P. O. Box 66
Crystal Bay, Minnesota 55323
Dear Mayor Van Nest:
On September 26, 1977, a final community coordination meeting was held
� for the City of Orono, Hennepin County, Minnesota. Prior to that meeting
our regional representative provided you with a preliminary draft of
the flood insurance study for the community. This study includes certain
base flood elevations and was prepared pursuant to provisions of the
National Flood Insurance Act of 1968, as amended (Public Law 90-448,
S signed August 1, 1968) .
The purpose of this letter is to notify your community of the proposed
base flood elevations which will be the basis for the flood plain manage-
ment measures that the community must either adopt or show evidence of
being already in effect in order to qualify or remain qualified for
participation in the National Flood Insurance Program.
Public notification of the proposed base flood elevation determinations
� is being given in The Lake Minnetonka Sun on November 16, 1977 and
November 18, 1977. A copy of this notification is enclosed. In addition,
� a notice of Proposed Base Flood Elevation Determinations will be published
_ in the Federal Register. .
� Section 110 of the Flood Disaster Protection Act of 1973 (Public Iaw 93-
234) is intended to assure an equitable balancing of all the interests
involved in the setting of flood elevation determinations. The legislation
provides for an explicit process of notification and appeals for the
community and for privat� persons prior to this office making the final
flood elevation determinations. We have outlined the appeal procedure
below for your information at this time. The regulations developed by
this agency to implement Section 110 may be found in Part 1917 of Title
24 of the Code of Federal Regulations. Copies of the Act and Regulations
• are enclosed.
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Page 15
Honorable Brad Van Nes�
Page �ao
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During the ninety-day period following the second publication in the
S above-named newspaper, any owner or lessee of real property in the
community who believes his property rights will be adversely affected by
� the proposed base flood elevation determinations may appeal to you, or
to an agency that you publicly designate. The sole basis for such
� appeals is the possession of knowledge or information indicating that
the proposed base flood elevation determinations are scientifically or
technically incorrect. Only appeals of the proposed base flood eleva-
tions can be considered before the Federal Insurance Administration
(FIA) makes its final determination at the end of the ninety-day period.
Note that the ninety-day period is statutory and cannot be extended.
Appeals of the proposed base flood elevations shall be based only upon
� scientific and technical evidence contrary to that in the FIA Study.
However, appeals or inquiries regarding data other than the proposed
* base flood elevations (i.e. , incorrect street names, typographical
errors or omissions, etc.)-, will be considered by FIA, and any necessary �
revisions will be made before the Flood Insurance Study and Rate Map
become effective.
If your community cannot submit technical data before FIA issues the
final elevation determination, you may nevertheless submit data at any
time. If warranted, FIA will revise the Rate Map after the effective
date. This means that the Rate Map would be issued with the elevations
as presently indicated, and flood insurance requirements would be enforced
. accordingly, until such time as a revision could be made.
Private persons who wish to appeal should present the data that tend to
negate or contradict our findings to you in such form as you may specify.
� We ask that you review and consolidate any appeals you may receive, and
issue a written opinion stating whether the evidence presented is suffi-
cient to justify an official appeal on behalf of such persons by the
i community in its own name. Whether or -not the community decides to
appeal, you must send copies of individual appeals, if any, to this
� office as they are received. If we do not receive an appeal from your
community in its own name within ninety days of the second date of
public notification, we shall consolidate and review on their own merits ,
such individual appeals that you may forward to us and we shall make
such modifications of the proposed elevation determinations as may be
t appropriate. If the co�nunity decides to appeal in its own name, all
individual appeals must be consolidated into one appeal by you, since,
in this event, we are required to deal only with the local government as
representative of all local interests. Our final decision will be in
writing and copies will be sent to you, to each individual appellant,
and to the state coordinating agency.
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�` Page 16
.
Honorable Brad Van Nest
� Page Three
' The review process will fully take into account any technical or scien-
S tific data submitted by the community that tend to negate or contradict
the information upon which the proposed determination is based. The
appeal will be resolved by consultation with officials of the local
government involved, by administrative hearing, or by submission of the
conflicting data to an independent scientific body or appropriate
Federal agency for advice. The reports and other information used in
making the final determination will be made available for public inspec-
tion. Until the conflict of data is resolved, and until the Flood
Insurance Rate Map becomes effective, flood insurance previously avail-
a able within the community shall continue to be available under the
Emergency Program, and no person shall be denied the right to purchase
the first level of insurance at chargeable rates.
* The decision by the community to appeal, or a copy of its decision not _ .
to appeal, should be filed with this office not later than February 18,
1978.
You may find it appropriate to call further attention to the proposed
base flood elevation determinations and to the appeal procedure by using
a press release or other public notice.
If available, this office will send to you during the appeal period
copies of the revised draft of the Flood Insurance Study and Rate Map.
The revised draft will include all appropriate comments and corrections
resulting from the final coordination meeting held September 26, 1977.
Whether or not proof copies of the study and map are available during
the ninety-day period, we shall send to you final proof copies with the
letter of final base flood elevation determination.
If there are further questions regarding the flood elevation determi-
nations or the Flood Insurance Study for the community, please contact
the Office of Federal Insurance Administration Regional Director in
s Chicago at (312) 353-0757 or members of my staff in Washington, D.C. , at
(202) 472-2623.
Sincerely,
J. Robert Hunter
Deputy Federal Insurance Administrator •
���'�F��'�y�'��
By Richard W. Krinun
Assistant Administrator
for Flood Insurance
Enclosures
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REGULAR M�ETING OF THE ORONO COUNCIL, P10VEMBER 28, 1977 Page 17
Mr. Alan Olson, Assistant Building & Zoning SUBDIVISION
Adrninistrator, entered into the record the 2340 Fox Street
�ollowing concerning the subdivision for William #278
elley, 2340 Fox Street, dated November 21, 1977, Bill Kelley
which states: '
Bruce Kelley was present. Planning Commission
recommended approval of final plat subject to the
following conditions:
1. Approval of utility and drainage easements by
City Engineer and Attorney-
�, 2. Approval of description and method of providing
necessary flowage and conservation easer_tents
over wetlands area by City Engineer and Attorney.
3. Title opinion addressed to City and approved .
by City Attorney.
4. Park dedication fee of $1, 000 ($250 per lot) .
Council Meeting Nover.iber 28, 1977
Butler moved, Massengale seconded, to adopt Resolution RESOLUTION #856
#856 , A Resolution Conceptually Approving Bill Kelley' s Bill Kelley' s Land
Land, subject to adding, "Upon completion of these Conceptual
. items, Resolution #857 will be certified and may be
filed c�ith the Hennepin County Recorder' s Office. " .
Motion, Ayes (5) - Nays (0) .
�iayor Van rdest moved, Butler seconded, to adopt RESOLUTION #857
Resolution #857, A Resolution Approving Bill Bill Kelley' s Land
Kelley' s Land, subject to adding, c�ncurrent
, filing of a flowage and conservation easement to
the City of Orono over parts of Lots 3 & 4 as
described therein. P�otion, Ayes (5) - Nays (0) .
Mr. Alan Olson, Assistant Building & Zoning VARIANCE
` Adr.linistrator, entered into the record the 4045 Watertown Road
following variance request of Earl Dorn, 4045 #329
Watertown Road, dated October 13, 1977, which Earl Dorn
states:
Mr. Dorn is requesting a building permit to
construct a detached 24 ' X 24 ' garage on his
residential property. I informed him that a
survey was required before we could determine
whether his proposal would comply with the
current zoning requirements. He felt this
was not necessary. He has substituted the
enclosed property sketch. The dimensions as
noted, I believe, are estimates so �ve cannot
determine actual variances that r.iight be necessary.
he zoning requirements in this district are:
Area - 5 acres; width - 300 ' ; front setback - 100' ;
side setback - 50' . (Continued)
� REGULAR r1EETING OF THE ORONO COUPICIL, NOVEP4BER 28, 1977 Page 18
� From the sketch submitted, there is no way to VARIANCE
confirr,i dimensions as they are not certified. 4045� Watertown Road
�herefore, I cannot determine the extent of (Continued)
� ariances necessary.
� If the property consists of 5 acres, an area
variance would not be required. From his sketch,
� it appears the lot is 30 ft. short of required
width. The proposed location of the garage would
A require a 25 ft. variance from the necessary 100'
• setback.
I explained to Mr. Dorn that we could process the
� variance request based on the enclosed sketch.
� However, a survey would be required for issuing
a building permit as staff would be unable to
• confirr.i location without at least a partial
certified survey of the front portion of his
� property.
* Two other property owners located slightly east
* of the Dorn property are also up for variance
consideration at this same meeting. Both have
submitted surveys, as I requested. We could "
process this application in the same manner as
Mr. Hankinson on Carman Road and include the
condition of applicant submitting survey to
�onfirm �ocation.
� Planning Commission PZeeting - Pdovember 7, 1977
�
No representative of applicant present. Planning
� Commission tabled proposal for lack of representati�n.
Review proposal -- appeared to indicate approval of
• concept if all dimensions could be verified.
` Directed staff inform applicant at least a partial �
sur��ey would be necessary before the Commission
� could r.iake a definite determination of the extent
of variance Commission was considering.
�
Planning Commission PZeeting - November 21, 1977
� -
Mr. & P4rs. Dorn were present. Discussed requirement
� of certified survey. Planning Commission recomr.lended
• approval subject to following conditions:
� 1. Garage setback from street approved to a maximum
of 60 ft.
� 2. Applicant providing certification of location in
relation to lot lines to verify location.
�
Justifications :
�
Topgraphy of land
2. Proposed setback exceeds existing house setback
� 3. Utilize existing driveway (Continued)
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� REGULAR MEETING OF THE ORONO COtJrJCIL, NOVEr�FiER 2 8, 19 7 7 Page 19
� Council I�eeting - November 28, 1977 VARIANCE
4045 Watertown Road
�aurus moved, Butler seconded, to approve the (Continued)
+ variance request of Earl Dorn, 4045 Watertown
Road, subject to applicant providing certificate
of registered land survey to document proper
street setback. P'Iotion, Ayes (5) - Nays (0) .
�
� Mr. Alan Olson, Assistant Building & Zoning ON-SITE DISPOSAL SYSTEMS
• Adr.linistrator, discussed with the City Council
E.P.A. policies for evaluating sewage collection
� systerls versus on-site disposal systems for
unsewered areas.
�
* Mayor Van Nest announced that he will attend a PARF: RESERVE P2EETING
' meeting of the Hennepin County Park Reserve
District Thursday afternoon, December l, 1977 .
� at 3: 30 P.P2.
i Dlayor Van Nest noted to the City Council that the NORTH SHORE DRIVE *ZARINA
� agreement that was negotiated with North Shore
Drive Piarina was not being adhered to, such as �
• planting, benns, fencing, lagoon, etc. The City
Council directed staff to draft a letter to North
hore Drive l�Zarina requesting the fence be
nstalled and that this matter be placed on the
Council agenda December 12 , 1977.
� Mayor Van ilest informed the City Council that OROiIO NEWSLETTER
staff is proceeding with a newsletter which will
�' hopefully be out to the public by January, 1978.
! The estir.iated cost for this first newsletter �
should not exceed $900. 00.
� t�iayor Van Nest moved, Pesek seconded, to approve
i the expenditure of $900. 00 for the City of Orono' s
first newsletter. P�otion, Ayes (5) - Naj�s (0) .
� P�ayor Van Pdest and the City Council discussed the BOULDER BRIDGE MATTER
• Boulder Bridge matter.
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� REGULAR P2EETING OF THE ORONO COUP7CIL, NOV�MBER 28, 1977 Page 20
� Massengale moved, Butler seconded, to adopt ORDINANCE NO. 202
Ordinance No. 202, An Ordinance To 1lmend The Amu�gment Devices
�unicipal Code Of The City Of Orono IIy Adding
hapter 69C Establishing The Licensing Of
� Mechanical Amusement Devices. r4otion, Ayes (5) -
` Nays (0) .
�
Massengale moved, Butler seconded, to adopt ORDINAi10E NO. 203
'� Ordinance No. 203, An Ordinance To Amend Fee Amend Fee Schedule
Schedule Ordinance No. 197 Of The D4unicipal
i Code Of The City Of Orono Relating To Mechanical
i Amusement Devices, license - $1,00, r.lachine-$25 each.
Motion, Ayes (5) - Nays (0) .
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Paurus moved, Butler seconded, to adopt Resolution RESOLUTIOPd #858
� #858, A Resolution Ar.lending Resolution #420 Water Rates
Which Established ti�ater Rates For Users Served
� By The Orono Navarre Area Water System. Motion,
� Ayes (5) - Pdays (0) .
• Butler moved, rsassengale seconded, to approve the MARGE GASCH CLI3IP4
�1 payment of $35. 00 to P4arge Gasch concerning a 73-1
73-1 claim. Motion, Ayes (5) - rlays (0) .
�
yor Van Nest r.ioved, Piassengale seconded, to APPOIPITMENT
ppoint Mary C. Butler as Orono' s representative Suburban Health Nursing
to the Suburban Health Nursing Service. PZotion,
� Ayes (5) - Nays (0) .
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Mayor Van Nest moved, P4assengale seconded, to RESIGNATION
� accept the resignation of Barbara E��ald, Building Barbara Ewald
• and Zoning Secretary, with deep regret and that her �
temination pay in the ar:tount _ of $357. 96 be paid. .
� P�iotion, Ayes (5) - P1ays (0) .
�
Butler moved, Massengale seconded, to er.iploy EMPLOYP�IENT
� Susan P4auderer as the Building & Zoning Secretary Susan �P4auderer
� at the starting rate of $800 per month,with a
three and six month review, effective November 21, �
� 1977. Motion, Ayes (5) - Nays (0) .
�
Butler moved, r4assengale seconded, to approve the TET4PORARY EMPLOYMENT
� temporary employment of Robert Perry as a light Robert Perry
� equipment qperator at a starting rate of $5. 00
per hou� with an increase to $6 . 00 per hour when he
is able to operate without supervision. P4otion,
�es (5) - Nays (0) .
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� REGULAR MEETING OF THE ORONO COUNCIL, NOVEPlBER 28, 1977 Page 21
� Butler Moved, Plassengale seconded, to approve the SALARY INCREASE
salary increase to $5. 15 Per hour for Gary Koos, Gary Koos
�tility mechanic, effective November 28, 1977.
� otion, Ayes (5) - Nays (0) .
� Mayor Van Nest announced that a T7e�t .Hennepin Assess- TA.H.A.D. P'IEETING
r ment District meeting will be held December 13, 1977 December 13, 1977
at 7 : 30 P.t�, at the City Council Char_ibers.
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� Dick Benson, City Administrator, presented the RECEIPTS, DISBURSEMENTS,
� City Council with a report on the Receipts, etc.
Disbu"rsements & Balances for the month of October 1977
�j October, 1977.
�
Dick Benson, City Administrator, presented the RECEIPTS, DISBURSEMENTS,
� City Council with a report on the Receipts , etc.
Disburser.tents & Balances for the first ten Ten r4onths - 1977
� months of 1977.
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� Mayor Van Nest announced that a public hearing PUBLIC HEARING DATE
will be held December 12, 1977 at 7:00 P.M. Amend Ordinance No. 189
• concerning an amendment to Ordinance No. 189.
ayor Van Nest announced that a public hearing PURLIC HEARING DATE
will be held December 12, 1977 at 8: 00 P.r2. Sandy Beach
� concerning the Sandy Beach swimming area.
•
1Mayor Van Nest moved, Pesek seconded, to refunc� REFUND
� $180. 00 to 315 East Grant Corporation due to a 315 East Grant Corp.
�. mathematical error. i4otion, Ayes (5) - Nays (0) .
� Butler moved, Massengale seconded, to refund REFUND
�, $36 . 00 to the Westonka Plumbing & Heating Coripany, Westonka Plumbing
Inc. due to the fact that a second permit was
• taken out for the same property. PZotion,
• Ayes (5) - Nays (0) .
� Dick Benson, City Administrator, presented the [VATER OPERATING FUND
� City Council with a report on the water operating REPORT
fund dated November 28, 1977, which states:
•
The City of Orono has three separate water service
� areas: Navarre (Orono) , Long Lake, and Wayzata
� (Chevy Chase) . Each area is identified by the
�orimunity which serves the area. The Navarre
ea services about 520 hookups; the Long Lake
Area services 29 hookups; and the Wayzata Area
� services 50 hookups.
• (Continued)
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` REGULAR DIEETING OF THE ORONO COUNCIL, PdOVEMBER 28, 1977 Page 22
� The records of the City are currently structured TaATER OPERATING FUND
to one water operating fund which is a sur.u-�ary REPORT
f the activity of all three areas. Until this (Continued)
� ime, there has not been any separation of
activity by service area to deterr.mine if rates
;� are adequate in each area.
� In obtaining information for the Navarre Area
rate study, it was necessary to determine what
� costs were applicable to each area. It was
determined that 4� of those expenses, which
� were not specifically attributable to the Navarre
,� Area, �vere to be divided equally between the two
rerlaining areas. At this time, changes have
� been r:lade so that in the future such expenses
as salaries, pensions, health insurances , etc.
� can be spread on the basis of actual use in each
' area.
. As the attached operating statements indicate,
the Long Lake and Wayzata Areas apPear to be in
� much better shape financially than the Navarre
Area. However, these statements only cover
• three quarters, and because of the relatively
small amounts of operating income an�� ma;or
� maintenance costs incurred, especialll regarding
water mains, could wipe out entirelv any reserve
hand.
I feel that as the information becomes more
+ accurate we will be in a bPtter position to
determine if any rate adjustr►ents are needed
� in the Long Lake and Wayzata service area. At
this time, I do not feel a rate increase is
- ' needed.
�
� Butler moved, Massengale seconded, authorize ON-SITE DISPOSAL INSPECTO
the Building & Zoning Department to advertise
� for an on-site disposal system inspector.
Motion, Ayes (5) - Nays (0) .
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� Dick Benson, City Adr.linistrator, inforr.med the OR.AL BOARD REVIEW
` City Council that the oral board to interview Police Patrolman
police candidates for the position of patrolr.lan
� will be held December 10, 1977 at 8: 00 A, M.
in the City Council Char.tbers.
�
' - Dick Benson, City Administrator, informed the MINNETONKA BEACH POLICE
� City Council that Psinnetonka Beach has interviewed SERVICES
�mself and Chief I:ilbo in their efforts to
ntract police services for the PZinnetonka
Beach area. Further information will be available
� at the December 12, 1977 Council meeting.
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� REGULAR t'lEETING OF THE ORONO COUNCIL, NOVEPZBER 28, 1977 Page 23
Mr. Bruce Idalkerson, City Attorney, informed the PLATTING ORDINANCE
City Council that he and other staff are working
�n a final draft of the platting ordinance.
�
� Butler moved, Massengale seconded, that the LICENSES
following licenses, be approved: PZotion,
� Ayes (5) - Nays (0) .
� City View Plumbing & Heating - Plumber
� Don Weld Plumbing or Western Excavating -
Plumber & Sewer Hookup
, Ouverson Excavating - Sewage Disposal Installation
West Plumbing Cor_lpany - Plumber & Sewer Hooki��
♦
* Massengale moved, Butler seconded, that the All BILLS
Funds Account 1604 through 1649, 5990 through
� 6030, 19608 through 19618 and Liquor Store
' Accounts 12234 through 12261, be paid. Motion, �
Ayes (5) - Nays (0) .
�
Butler moved, Massengale seconded, that the ADJOURNP�IENT
meeting be adjourned at 11: 30 P.P4. Z?otion,
• Ayes (5) - Nays (0) .
• � � 1� } ^ � �. 1 � ! i .. .
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� William B. Van Nest, r'ta r
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. Attest: ��
Walter Benson, Clerk-Administrator
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