The URL can be used to link to this page

Home My WebLink About07-25-1978 Council Minutes � CITY OF ORONO Regular P�eeting of the Orono Council, 7: 05 P.M. July 25,� 1978 The Orono Council met on the above date with the following members present: Mayor Van Nest, Councilmembers Butler and Massengale. Council- • member Pesek arrived at 7: 35 P.P2. Absent: Councilmember Paurus. Also present: Alan Olson, City Planner, Michael Gaffron, Septic System Inspector, City Attorney Malkerson, City rngineer Olson, and Alberta Strom, Deputy Clerk. Absent: City Adriinistrator Benson. Councilmember Butler asked to have agenda items CONSENT AGENDA* 3, 4, 12, 13, & 17 e:ccluded from the Consent Agenda*. Massengale moved, Butler seconded, to approve the remaining items on the Consent Agenda* with all staff data and supportive information to be included in the Minutes in the sequence they occur. P'Iotion, Ayes (3) - Nays (0) . Butler moved, P'iassengale seconded, to approve the MINUTES P�inutes of the Regular Meeting of June 29 , 1978, June 29, 1978 as ar.iended. Motion, Ayes (3) - Nays (0) . Butler moved, Massengale seconded, to approve the MINUTES 2�iinutes of the Regular Meeting of July 11, 1978, July 11, 1978 • as amended. Motion, Ayes (3) - tdays (0) . No comrnents from the Park Commission. PARK COr�IMISSION Pdo comments from the Lake Minnetonka Conservation LMCD District. No comments from the Planning Commission. PLANNING COMMISSIOPd Michael Gaffron, On-Site Septic System Inspector, SEPTIC SYSTEM REPORT reported to the City Council on his progress of Michael Gaffron inspecting septic systems stating that he had mailed letters to persons who were not hooked up to the available sewers. He informed the Council that where no evidence of a hookup was found, he will place purple dye in their systems to determine if they are, in fact, hooked up. He also reported on his maintenance program and followup procedures by showing the Council a Septic System Inventory Card, an On-Site Sewage Treatment Inspection Report, and a pamphlet to be given to the property owners of problem septic systems. (Continued) . �� REGULAR MEETIPdG OF THE ORONO COUNCIL, JULY �, 1978 - Page 2 P�ir. Gaffron stated that the program is 50$ SEPTIC SYSTEM REPORT public relations and educating the public. (Continued) He has completed 100 septic system inventory cards out of approximately 900-1000 systems. Councilmember P4assengale suggested that the - par,lphlet be reviewed by the City Engineer and the City Attorney before handing out. t4r. Gaffron suggested a change in the code to require septic system installers to attend courses or seminars to become more knowledgeable in the proper installation of systems. 2�Is�. Alan Olson, City Planner, entered into the SUBDIVISION record the request for a subdivision for Colpepper 40 Orono Orchard Road N. Land Company (Neslund) , 40 Orono Orchard Road rlorth, #�306 dated September 12, 1977, which states: Colpepper Land Cor.lpany This request is a revision of previous requests for division of this property. This proposal included 17 two-acre lots consistent with the zoning requirements for the area. The engineer for this project is McCombs-Knutson Associates which means that the City will have to retain an independent eng�ineer for review of the subdivision proposal. This cost will be allocated to the developer as required by our ordinances. Hank :duhich asked Council if there might be a problem with this proposal as it was prepared by our engineering firm. After Dick Benson talked with t�'ir. Knutson, he informed me it would be acceptable because it was understood that the City would have to consult some other engineer for review of the proposal. The engineer has been requested to submit a chart showing the total project area, and the area designated as wetlands. In addition, each lot will be listed with total area, dry buildable area, and wetland area and soils information will be submitted showing the suitability for on-site septic systems. - Copies of this application have been sent to Hennepin County, Watershed District, City Attorney, Burlington Luce Line (DNR) and State Highway Department. A public hearing has been scheduled for October 3, 1977 at 7: 30 P.ti. (Continued) REGULAR 2�iEETING OF THE OROLJO COUPICIL, JULY 25, 1978 - Page 3 Planning Commission Meeting - October 3, 1977 SUBDIVISION 40 Orono Orchard Road N Engineer Ron Bastyr presented revised �reliminary (Continued) subdivision proposal. No comments from public in attendance. Zoning Administrator inforrted Commission this was revised two-acre proposal of the previous . one acre subdivision proposal denied by Council several years ago. Reports resulting fror,► review of the previous proposal several ago revealed potential problems with development of steep grades, filling of marshland, problems with on-site dis�osal syster.ls and traffic hazards from inadequate collector streets. ihe Zoning Administrator also informed Comriission he had sent copies of the proposed plat to the State Highway Department along with a letter requesting review and comments. As yet he had received no response. Planning Commission was concerned about the problems that might result from home sites on some of the existing steep grades. Also concerned about the filling of some of the wetland areas for the road system as indicated on the propo�ed plat. Planning Commission directed staff to request a soils map and report of the property frori the Hennepin County Sai�ls Conservation District. Tabled the request until all necessary reports have been received. Mr. Bastyr was inforr.ied that the City was now in the process of appointing another engineering firm to review and report on said proposal. Staff - October 6, 1977 Letter to Hennepin County Soils Conservation District requesting soils map and report. Staff - October 7, 1977 I am enclosing a copy of the report on this sub- division proposal which I just received from the Minnehaha Creek Watershed District. Staff - Ocotber 12, 1977 I am enclosing a copy of the report I just received from the State Department of Transportation regarding Proposed subdivision. Staff - October 27, 1977 This proposal will have to be deferred for action until the Planning Commission meeting scheduled for November 21, 1977. Various reports as requested by the Commission will not be completed in time for the rneeting scheduled for November 7, 1977. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1978 � Page 4 The City has retained the services of Bonestroo, SUBDIVISIOt1 Rosene, Anderlik & Associates (engineering `irr►) 40 Orono Orchard Road N. for review and comments on the proposal. Mr. Jim (Continued) Olson from this firm is now preparing some maps and reports for us. He will be appearing before the Planning Conuaission at the meeting scheduled • for November 21, 1977, to make his presentation_. I have received the soils map and report from Jim Anderson of the Hennepin County Soils Conservation District. I am in the process of preparing one colored copy indicatin� contrasts in defined wetlands boundaries and possible conflicts with our comprehensive plan, ordinances and policies. Planning Commission Meeting - November 7, 1977 Reviewed soils map and report from Soil Conservation District. Comr.iission was informed that Jim Olson, Engineer, would make a report on theproposal at our next meeting. Staff - November 16, 1977 Mr. Lilja called at 1: 45 P.M. on November 10, 1977. Said he touched base with Jim Olson of Bonestroo and he has said that plat appears unacceptable when relating to Soils report as prepared by Conservation District, if soils report is legal and accepted. He wanted to know who prepared x�eport so he could confer with him. I told him my contact is Jim Anderson; I do not know who prepares report. Said he will be calling on him. Planning Commission Action Meeting - November 21, 1977 Mr. Neslund, Jr.,Engineer Ron Ba�tyr, and Zdr. Braun of Braun and Associates, representing the Colpepper Land Company, were present. Engineer Ji� Olson of Bonestroo & Associates whQ was retained by the City to review the proposal, made a brief report covering the highlights of the attached written report previously prepared by him. 21r. Jim Olson informed the Commission that the issue of soil absorption systems was based mainly on the soils map and report furnished by the Hennepin County Soils Commission District. The soil conditions and steep slopes were not suitable for soil absorption systems. The major areas of the proposed plat would not support an on-site septic system. Serious problems might result. . (Continued) REGULAR MEETING OF TIiE ORONO COUNCIL, JULY 25, 1978 � Page 5 The steep slopes would require special designs to SUBDIVISION prevent erosion. The road as platted would require 40 Orono Orchard Road N. removal of some of the slopes and wooded areas and (Continued) filling of some of the marsh area. In conclusion, D'ir. Olson recommended the Commission - not approve the proposed plat until the developer can assure the City that an adequat� and acceptable sewer system can be provided for each lot platted. Ron Bastyr and Jack Braun presented their views in rebuttal to Jim Olson' s report. Mr. Bastyr �ointed out that each proposed lot met with the zoning code requirements of two acres of dry buildable land. The road was platted to preserve the topographical features of the area. The loop street was designed for safety purposes. P�r. Braun' s report addressed the issue of soil absorption systems. He informed the Commission that a suitable system could be designed for each proposed lot through grading and filling and other measures. When Mayor Van Nest asked if these systems could be certified for 20 years, Mr. Braun was somewhat evasive. Planning Commission recommended tabling the issue to give the developer the opportunity to prepare a revised plan which would include the following: 1. Assurance that adequate and acceptable sewer systems can be provided for each lot platted. 2. The revised lot arrangement follow the topographical features of the area. 3. The revised street and lot layouts address the sensitivity of the prominent topographical features of the land. Planning Commission P�eeting - June 26 , 1978 t2r. ileslund was present to present a revised plan for twelve (12) lots including a new road location_ The lots appear to be arranged around ideal building sites and therefore, respect the severe topography of the area. As a sketch plan review, the Planning Commission had favorable comments about this layout. P'ir. ideslund proposed a private hiking trail easement and was agreeable to a private road as preferable to public. Mr. Neslund stated that septic testing had been and is being accor:tplished and that he will provide proof of septic system suitability on each proposed site, noting that "if any lot does not show satisfactory septic suitability, ynu obviously can not allow it as a building site. " Staff noted that a brief review of the soils map indicated favorable siting, but tliat careful analysis must be done on Lot 12, which appears to have an abundance of poor soil. (Continued) R�GULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1978 � Page 6 Planning Commission called a public information SUBDIVISION meeting for July 24 , 1978 . 40 Orono Orchard Road N. (Continued) Planning Commission Meeting - July 24, 1978 Public information meeting_ Mr. Dick Knutson, • engineer, and Mr. Neslund were present. Discussion included Lot 2 being shy in dry area (1. 7 acres vs. 2.0 required) but that average dry area for the entire division exceeds two acres. Mr. Jack Braun' s letter noted that septic testing is to be done prior to final approval. Applicant requests approval to begin road construction prior to final plat approval_ Planning Commission recommended preliminary approval of proposal as submitted subject to the following: 1. The new road be a private road with under- lying easement to the City. 2. Septic testing on each lot to meet City approval prior to final plat approval. 3. Cronservation easements over the wetlands. 4. Dr�inage easements where necessary. 5. , Park dedication fee. 6. Developer's agreement prior to road construction. 7., Includes variance for dry a�ea of Lot 2 finding ' hardship of topography and that average lot density �exceeds minimum requirements. It was also noted that Richard Neslund Construction Company owns the parcel to be divided plus the existing house on the "exception" parcel in the southwest corner of the site. 2dormal City policy requires this commonly owned lot to be included in the subdivision, and if substandard in size, to be increased to ninimum Iot area. This lot, containing a house and a garage, has never been included in any of the various plat proposals for this property over several years. The lot is 167 ft. wide and .totals 25, 468 sq. ft. (0.58 acre) whi.cl� is 83$ of the required lot width and 29� of the required lot area. The division as proposed included 12 lots, total land area 42.2 acres (excluding roads) , 36. 8 acres dry (average 3.07 dry acres/lot) , 5.4 acres wet. Including this "exception" lot, the figures are 13 lots, 42.8 acres total, 37.4 acres dry (average 2. 88 dry acres/lot) , 5.4 acres wet. Because the adjacent Lots 10, 11, & 12 are large (averaqe 3. 8 acres/lot) it would seem possible that this "exception" lot could be expanded in size somewhat although for practical purposes there may be no reason to do so. (Continued) REGULAR l4EETING OF THE OROYdO COUNCIL, JULY 25, 1978 Page 7 I would recomr.►end that whatever the lot size SUBDIVISION decision, that this "exception" lot be included 40 Orono Orchard Road ] in the final plat for surveying and platting (Continued) purposes. , Council Meeting - July 25, 1978 � Mr. Jim Olson, City Engineer, presented the attached letter dated Jul� 20 , 1978. Letter - Pages 9 & 10 2�iayor Van Nest moved, Massengale seconded, to give prelir.minary approval for the request for a subdivision to Colpepper Land Company, 40 Orono Orchard Road North, conditioned on the Planning Commission recommendations of July 24, 1978, as follows: l. Orono Oaks Drive as a private road with permanent maintenance and ownership by homeowner' s association. Private driveway easement over existing driveway for access to Lot 9 over Lot 10. 2. With the understanding that the lots must meet requirements of the septic ordinance and those conditions must be submitted to the City at the time of the final plat approval. We are not making a representation that any of these lot lines will be allowed to exist here unless it is proven that they can sustain a septic system and primary alternate system. . 3. Conservation easements to the City over wetlands and major drainageways. 4. Drainage easements where necessary. 5. Park Dedication fee. 6. That a developers contract be developed to allow the start of the road work, subject to approval of the City Engineer. The purpose for the road being constructed at this stage of the process is to assist in the location of the building sites in this very difficult terrain and to assist in the location of the primary and alternate septic systems. 7. Includes variance for dry area of Lot 2 finding hardship of topography and that average lot density exceeds minimum requirements. Variance to be granted for 1. 7 dry acres on Lot 2 finding lot division as proposed is consistent with topo- graphical features. ( Continued) REGULAR r�IEETING OF THE ORONO COUPJCIL, JULY 25, 1978 Page 8 8. The lot in the southwest corner being combined SUBDIVISION with Lot 10 at this time, with the understanding 40 Orono Orchard Road N, that the City would grant a conditional use permit (Continued) for the structure becoming a guest house when primary structure is built and special understand- ing that the guest house could be rented - hardship • being that the house has existed for many years and is presently a rental property of "exception" or Lots 10 , 11, & 12 could be rearranged. 9. This approval is further conditioned upon the developer lowering of the hill to the north on Orono Orchard Road. The City Engineer is directed to request that the lowering be done during the installation of the Orono-Long Lake interceptor and that at least a portion, if not all of the cost, be paid by the developer. Council will determine the ar.iount to be paid at that time. Motion, Ayes (3) - Nays (0) . \ � ��,�,��:.,.s-�:. � . Page 9 .��; �- • - `�� :A°`.,,.��.�, /l�, r4�� Q � �,. . , �uu:�s, '�, G�� •_;� 2335 �f/. �aw.r�a �i,�luua� 36 Ono G.Bonunoo..P.E. Lcwrcncc F. Fddairn. P.E. �'� I�a�sti /Nl�.edo�a 55113 Rob��r lf'. Roten�, P.E. Clrnn R. Cook, P.E. Joarph C. Andnflk, P.E. Ke(�h A. Cordon. P.E. .OILe: 636-�k600 Bradlo.d A. Lemberg, P.E. Thomat E. Noyrt. P.E. Robe�!D. Friganrd, P.E. Rlchard W. Foster, P.E. Ritha�d E. Turnt�,P.E. Robtrf G. Schunlcht, P.E. lamee C. Olson, P.E. Marvin L. Sorvalu, P.E, J u ly 20, 19 7S , Donald C. Burga�df, P.E. . 7 Xennah R. Aleirier, P.E. �. A 1 O 1 S O R Charlee A. Eriektan . Lro M. Pawtfsky Clty P12RIleT - Narlan M. Otron City of Orono Box 66 `' i ' Crystal Bay, Mn. 55323 Q ��'��l � Re: Revised Preliminary Plat JUL 2� �Z� Orono Oaks, No. 306 Our File No. 139 - 306, Plats �� Dear A1, . _ �-��•��+� We have reviewed the revised preliminary plat of Orono Oaks, prepared for Ralph Carlson Companies and containing 12 lots. All of the lots are in excess of two acres excluding wetlands, with the exception of lot 2 which has 1.7 acres of dry buildable land according to the preliminary plat. Although some of the lots are irregular in shape, the proposed plat appears to relate to the topography cuch better than previous layouts that have been submitted. Orono Oaks Drive, the proposed access road, is approximately 1800 feet in length, which is relatively long for a cu-de-sac. - However, considering the low lot density and the shape of the land, there does not appear to be a feasibible alternative to the dead-end street and it is recommended for approval. Elevations shown on theplat indicate a proposed maximum 57 street grade and side slope cuts . of up to 9 feet along the north side near lot 11. Low points on the street are proposed near the building site on lot 12, near the building site •on lot 8 and at the drainageway crossing between lots 2 and 3. - Conservation and flowage easements will be required over lots 1 through 5. and lots 7 through 9, which should include the drainageway channel over lots 2, 3, 7, 8 and 9. In addition, provisions will have to be made to remove storm water runoff from the low points of the pro�osed street which will include drainage swales and appropriate easement descriptions. Drc�a� - There is a very bad sight distance problem on Orono �6rc�id-Rosd, just north of the intersection with proposed Orono 0aks Drive. The �ill on Orono�6rc�rid Road should be lowered for safety purposes. (Perhaps this .could be accomplished at the time of installation of the Metro Long Lake interceptor force main.) We reco�end approval of the proposed preliminary plat as submitted, subject to the following: Page 1. � �.�-i S�ry;"'y��^ G�<~�, . . ,� "�t �N«'.�: . 'a.g<,�;�.tr �,�� .,�r � Page 10 ��-. City of Orono July 20, 1978 Crystal Bay, Mn. 55323 Re: File No. 139 - 306, Plats 1. Verification of adequate primary and secondary sites for on-site sewage disposal system for esch lot. 2. Dedication of all wetland, conservation and flowage, and drainage easements. 3. Resolution of sight-distance problem on Orono Orchid Road by lowering hill north of new access road intersection. - 4. Approval of street grades, street construction, site drain- , age plan and erosion control plans for street, driveway and building construction. 5. Resolution of Public versus private roadway, and appropriate means of assuring permanent maintenance satisfactory to City Attorney. . . Yours very ly, BONESTR , ROSENE E K & ASSOCIATES, INC. - Ja es C. Olson - --- "- � - J O:li - '.' . _ ._�. . . _ .� . � - - �. � - - - - - - - . - .. , -�� . ' , . � � . �: ..a_ �-L. . � . _ . . . . . . . _ . _' . 4'y � . .�. - . . . . . . .. ,. . .� ._ _i�. ._ . . � ' Page 2. ,.: - , , -� � . . . R�GULAR MEETING OF THE ORONO COUNCIL, JULY 25, 1978 � Page 11 Mr. Alan Olson, City Planner, entered into the SUBDIVISION record the request for a subdivision of �9illiam 2227 & 2229 Shadywood Rd Taylor, 2227 & 2229 Shadywood Road, dated June 15, #366 1978, which states: Williar.l Taylor Present were Mr. & P4rs. Taylor and their attorney, • Allan Quello. Also present was NIr. Bomstein who • indicated desire to clear title so he could sell the property. Mr. Quello noted that the metes and bounds sale from Taylor to Bomstein was made two years ago after discussion with the City Attorney and Zoning Administrator (who both noted the _ requirement of Council approval of subdivision requests) but prior to actually filing an application whicY� was not done until P�larch 14, 1978. The City Attorney noted that the consequences of separating the property would be perpetual occupancy of small lots whereas the present non- conforming use would be terminated should one building be destroyed. He suggested the possibility of a covenant in the chain of title whereby the City would specifically remove the right to rebuild upon future loss of one building. Council tabled the application instructing staff to provide Councilmembers with a file on the application for their review and also requested additional research be done. Staff Note - June 22 , 1978 The attached plat map indicates this proposal and the lot areas of all adjoining parcels. Of 30 parcels along both sides of Shadywood Road, only three are smaller than the parcels proposed by this split and two of those (8000 with house and 8200 vacant) are to be combined into one 0.41 acre lot according to the �aylor' s testimony. Assessments: Lot 4 - Block 2 - Wiliey' s Park 43620-8400 Sewer: 1 unit only - paid March ll, 1977 Both lwuses connected November 5, 1969 Water: 2 residential units - paid P�Iarch 11, 1977 Both houses connected Septer.tber 5, 1974 Fair Market value: Land $13, 000 B1dgs. 31,000 44,000 Taxes due 1978: $1, 437. 83 Base Tax 79.95 Delinquent sewer & water 1, 514. 78 (Continued) REGULAR MEETING OF THE ORONO COLJNCIL, JULY 25, 1978 � Page 12 Staff Note - July 20, 1978 SUBDIVISION 2227 & 2229 Shadywood Rd After the last Council meeting, Mrs. Taylor called (Continued) ' to say that there was indeed a possibility of purchasing the adjacent vacant lot. Her realtor today delivered to the City a copy of the purchase . agreement for that lot. Consequently, the division could be reconsidered as per Planning Commission discussions on r4arch 27, 1978 and April 10, 1978. One possibility is shown on the attached survey. West lot 12,400 sq. ft. ; east lot 20,583 sq. ft. (95$ of required area, 100� required width) . This could be considered nothing more than a lot line rearrangement moving the line from one side of 2229 Shadywood Road to the other side. No new building sites are created even though the existing conditions would be improved. Council Meeting - July 25, 1978 Mr. Don Shaw, representing Mr. & Mrs. Taylor, was present. Mr. Alan Olson stated that at the previous Council meeting the City Council recomnended staff present a resolution to deny to be presented at this meeting. Since that time, I have been given a copy of a purchase agreeMent whereby the Taylors are going to buy Lot 3, which amends the application to just a lot line rearrangement. P�ayor Van N�st moved, Massengale seconded, to request staff to delay motion of resolution to deny and to approve a lot line rearrangement for tiVilliam Taylor, 2227 & 2229 Shadywood Road. Motion, Ayes (4) - Nays (0) . Mr. Alan Olson, City Planner, entered into the � DIVISION record the request for a subdivision of Dennis Kumlin, 2625 Fox Street, dated June 8, 1978, which 2625 Fox Street states: #398 Dennis Kumlin Sketch Plan Review: The applicant requests division of his 9.54 acre property into two parcels; one with the existing home to be 2. 37 acres, and the remaining parcel to be 7.17 acres including some wetlands (approxir►ately six acres dry) . The proposal meets all the requirements of the RR-1B zone. (Continued) REGULAR 2�lEETIPJG OF TFiE ORONO COUNCIL, JULY 25, 1978 � Page 13 Planning Commission might be concerned with resub- SUBDIVISION division possibilities of �.he larger parcel. The 2625 Fox Street staff will review the existing septic system but (Continued) site evaluation is not required on the larger parcel as it exceeds the five acres. A public inforraation meeting should be scheduled. . Planning Commission Dseeting - June 12, 1978 (Work Session) Staff Note - June 20 , 1978 : The north "wet" area noted on the survey is a small area of approximately 1/4 acre. As such, it does not show up on the designated wet lands map. The proposal has been changed slightly to provide a 30 ' side setback for the existing garage per the attached survey dated June 20, 1978. Planning Commission Meeting - July 10, 1978 Public information meeting: Mr. I:ur►lin was present. After discussion, PlanningiCommission recommended preliminary approval per survey dated June 20, 1978. Report on existing septic system is pending. Council Meeting - July 25, 1978 Pir. Jim Olson, City Engineer, stated that there was no problem with the septic syste�. P�ayor Van Nest moved, Massengale seconded, t� approve the p�elir.iinary subdivision request of Dennis Kumlin, 2625 Fox Street. P4otion, Ayes (4) - Nays (0) . Mrs. Swanson, 2975 Casco Point Road, was present CONDITIOLdAL USE PERMIT concerning her request for a conditional use 2795 Casco Point Road permit. No neighbors were present. #377 - John Swanson Butler moved, Pesek seconded, to adopt Resolution RESOLUTION #923 #923, A Resolution Denying A Guest House Conditional 2795 Casco Point Road Use Permit But Approving Certain Variances For John Swanson John Swanso�, 2795 Casco Point Road. Motion, Ayes (4) - Nays (0) . Mr. Gunnar Isberg and Mr. Robert Chelseth of CITY PLANNING SERVICES Isberg, Riesenberg, Chelseth & Associates, Inc. Gunnar Isbert & were present to discuss their proposed contract Robert Chelseth for professional planning services for the City of Orono. (Continued) REGULAR P�iEETING OF THE ORONO COUNCIL�, JULY 25, 1978 Page 14 Mr. Gunnar Isberg explained the services that his CITY PLANNING SERVICES �ompany �:11d perform for the City of Orono which (Continued) ncludes updating the Comprehensive Lanci Use Plan, Ordinances, and Systems Statement. They will give technical assistance to the City Council and the Planning Commission. " It was suggested that one basic map with several overlays would be one of the first items to be attended to; also, a committee of possibly two Councilmembers and two Planning Commission members to meet with the Planners to acquaint theri with the desires of the City; and, to present issues to various other agencies as required. Councilmember Massengale informed the Planning Consultants that the City of Orono enjoys a good public image and welcomes input from citizens. Good public relations is a necessity. Mayor Van T1est discussed the fee schedule suggesting a preference for an hourly rate versus a fixed rate. The City Council requested Bruce Malkerson, City Attorney, to review the proposed Agreement and present to the City for signatures when completed. �assengale moved, Pesek seconded, to request the City Attorney to redraft the proposed contract for appointing the firm of Isberg, Riesenberg, Chelseth & Associates, Inc. as Planning Consultants to include hourly rates as opposed to fixed fees, cost of materials, and to authorize the Mayor and Dick Benson, City Administrator, to sign-off when ready, to be effective upon signing. Motion, Ayes (4) - Nays (0) . Nobody present concerning the rezoning request of REZONING James McCleary, 3445 Bayside Road. Deferred until 3445 Bayside Road the next meeting. #390 - James McCleary Mayor Van Nest moved, Pesek seconded, to adopt RESOLUTIOPd #922 Resolution #922, A Resolution Approving A Lot Line PSichael Ankeny Rearrangement For Zdichael Ankeny And William Noll. Williar.l Noll Motion, Ayes (4) - Nays (0) . Mr. Alan Olson, City Planner, entered into the VARIANCE record the request for a variance of George Matchett, 4055 Elm Street 4055 Elm Street, dated June 21, 1978, which states: #401 George Niatchett The applicant wishes to construct a new horne on an existing vacant lot. The property consists of three separate parcels totaling 19 ,920 sq. ft. (0.457 acre) . (Continued) REGULAR MEETI27G OF THE ORONO COUNCIL, JULY 25. 1978 Page 15 There is no additional land available as the VARIANCE adjacent parcels are occupied. The house location 4055 Elm Street is not 'indicated but it would have to conform to (Continued) all regular setbac3cs. There is one sewer unit assessment on the three lots (1/3 unit per parcel) . Variance 34.452 - Lot area and iot width Area required: 43,560 sq, ft. Actual area: 19 ,920 sq. ft. Variance: 23,640 sq. ft. = 54$ Width required: 140 ft. Actual width: 118 ft. Variance: 22 ft. = 16� Hardship: no additional land available. Planning Commission Meeting - June 26, 1978 P7o applicant present. Staff read into the record a cor:unent from Brad Hays, 4100 Elm Street, wherein he objected to the variance saying he did not think any hardships could be demonstrated. Questions were raised concerning lot drainage. Planning Comrmission tabled application pending review of drainage and requesting applicant to be present to address Commission. Staff Note - June 28, 1978 Site inspection for drainage. There is a large ditch existing on public right-of-way along Elm , Street which ditch is maintained by the City. The ditch flows west to the platted undeveloped right-of-way of Park Avenue where it turns to flow southwesterly. This flow is off the subject property. Development on this lot would require crossing of the ditch with a culvert acceptable to the public works department. Also, construction procedures must be such as to prevent siltation or clogging of the ditch at all times. The following table compares adjacent properties: Subject Lot: 19 ,92Q sq. ft. 601 Mtka. Highlands: 19,500 sq. ft. - Variance approved 5�10-76 615 i�itka. Highlands: 17,500 sq. ft. - Variance approved 6-24-75 594 Park Lane: 12,000 sq. ft. 4100 Elm Street: 24 , 700 sq. ft. 4060 Elm Street: 15,000 sq. ft. 4030 Elm Street 35,000 sq. ft. , (Continued) REGULAR �sEETING OF THE ORONO COUNCIL, JULY 25, 1978 Page 16 Planning Commission Meeting -- July 10, 1978 VARIANCE 4055 Elm Street Recommended approval of variances finding proposal (Continued) consistent with the neighborhood and a hardship of no additional land available, subject to no setback variances, to legal lot combination and to - approval of driveway and culvert by the City Public Works Supervisor. Council Meeting - July 25, 1978 Butler moved, Massengale seconded, to approve the request for a variance of George Matchett, 4055 Elm Street, per the Planning Commission recori- mendations of July 10, 1978. Motion, Ayes (4) - Nays (0) . l�Ir� Alan Olson, City Planner, presented the City SE�^dER ASSESSP�LENTS Council with a letter to Russell Wenkstern, 645 645 North Arm Drive North Arm Drive, dated July 19, 1978, which states: #383 Russell Wenkstern "The City Engineer has reviewed the sewer connection assessment formula as applied to this property. Consistent with other such unusually shaped properties, and with average assessment charges in this project, the lateral charge will be based upon the average lot depth, in this case 150 ft. (as oPposed to the actual lot width of 355 ft. ) . Therefore, the City Engineer's assessment calculation is as follows: Plant Charge . - $110. 00/acre X 1. 22 = $ 134.20 Lateral Charge - $18. 30/ft. X 150 = 2,745. 00 Unit Charge - each = 3, 859.05 Total due with connection $6, 738.25 " End of letter P'Iayor Van Nest moved, Pesek seconded, to approve the assessments for Russell L. �aenkstern, 645 Pdorth Arm Drive, in the amount of $6, 738. 25, per the above. Motion, Ayes (4) - Nays (0) . Butler moved, Pesek seconded, to waive the Planning VARIAPICE Commission review for a variance request of Gloria 3085 Casco Point Road Dotzenroth for 3085 Casco Point Road. P!iotion, Gloria Dotzenroth Ayes (4) - Nays (0) . (Continued) REGULAR P�lEETING OF THE ORONO CO[TPdCIL, JULY 25, 1978 Page 17 Massengale moved, Butler seconded, to approve the VARIANCE variance request of Gloria Dotzenroth for 3085 3085 Casco Point Road Casco Point Road and to authorize Alan Olson to (Continued) act for the City Council, subject to: 1. Applying for a variance application • 2. Fees being paid 3. Adequate driveway, not to impair the health, safety and welfare of the general public, 4. Protect trees 5. Bring back to the City Council if problems arise. Piotion, Ayes (4) - Nays (0) . Mr. Alan Olson, City Planner, presented the City RIPR�IP PERMIT* Council with the following information for the 1055 West Ferndale Road asterisk agenda, dated July 20, 1978, which states: Odd Rovick Odd K. Rovick, 1055 West Ferndale Road, is request- ing a permit for normal riprapping. for shoreline protection due to high water erosion. Inspection was r.►ade and permit issued by staff on July 14 , 1978. 230 ft. Class B, 6" -12" field stone riprap subject to DNR and P'ICWD permits. rRassengale moved, Butler seconded, to approve the riprap request of Odd K. Rovick, 1055 West Ferndale Road, subject to D�1R and PZCWD perr.►its. Motion, Ayes (3) - Nays (0) . P4r. Alan Olson, City Planner, presented the City RIPRAP PERMIT* Council with the following information for the 2765 Shadywood Road asterisk agenda, dated July 21, 1978, which states: E. W. Rawlings E. W. Rawlings, 2765 Shadywood Road� is requesting a riprap permit to repair existing riprap for high water erosion control. Lake level 6" above existing riprap. Staff issued permit for Class B, 6" - 12" rock riprap - subject to DNR and MCWD perriits. Massengale moved, Butler seconded, to app�ove the riprap request of E. W. Rawlings, 2765 Shadywood Road, subject to DNR and P�iCWD permits. Motion, Ayes (3) - 'Nays (0) . Mr. Alan Olson, City Planner, presented the City REFiJ1�1D* Council with the following information for the 2338 Olive Avenue asterisk agenda, dated July 19, 1978, which states: Lee D'Iinikus On July 17, 1978, Mr. Lee Minikus rtade an application for a side yard setback variance for construction of a garage. On July 18, 1978, he changed his mind and received a building permit (#3811) for construct- ion of the garage in a location not requiring a variance. (Continued) REGULAR MEETING OF THE OROrIO COUNCIL, JULY 25, 1978 Page 18 Because of the minimal staff time involved, I REFUND* recor.�mend a refund of the variance application fee (Continued) of $50. P�assengale moved, Butler seconded, to approve the refund of $50 to Lee P4inikus, 2338 Olive Avenue, • per the above memo. Motion, Ayes (3) - Nays (0) . P�assengale moved, Butler seconded, to adopt RESOLUTION #924 Resolution #924, A Resolution Requesting The Minnetonka High Water Minnehaha Creek Watershed District To Undertake Problems 6Vhatever P�'gject Is Necessary To Ameliorate The Problems Caused On Lake Minnetonk,a By The High Water In The Summer Of 1978. Motion, Ayes (4) - Plays (0) . t�assengale moved, Butler seconded, to adopt RESOLUTION #925 Resolution #925, A Resolution Requesting P�4inne- Minnetonka Retention haha Creek Watershed District To Review The Project Petition And Supplemental Petition Of The Lake P�innetonka Conservation District For The Upper Watershed Storage And Retention Project. PZotion, Ayes (4) - Nays (0) . P�Zr. Jim Olson, City Engineer, reported that the TONKAWEST STORM SEWER TonkaWest storm sewer is open and working well. P'iayor Van Nest announced two joint meetings for JOINT MEETIP7G DATES the City Council and the Planning Commission; one for Thursday, August 10, 1978 at 7: 30 P.M. and Saturday, August 26, 1978 at 8: 00 A. t'i, at the Lafayette Club. The increased boat density asterisk item was INCREASED BOAT DENSITY* tabled until the next meeting. A report' on the sealcoat agc�egate bids on the SEALCOAT BID* asterisk agenda from John R. Gerhardson, Public , [aorks Coordinator, dated July 13, 1978, states: On Monday, July 10, 1978, the City of Orono received bids for Class A Trapp Rock sealcoat aggregate.. Only one bid was received, that from Bryan Dresser Trapp Rock, Inc. , Psinneapolis. Their bid is as follows: (Continued) REGULAR MEETIPdG OF THE ORONO COUNCIL, JULY 25, 1978 Page 19 Picked up at pit with City trucks @ $7.95/ton SEALCOAT BID* Delivered to City of Orono with contractor' s (Continued) trucks @ $12.45/ton As explained previously, the City plans to sealcoat area C which would require 1,215 tons of aggregate at $12. 45/ton for a total of $15,126. . That amount exceeds the amount allotted for seal- coat aggregate for 1978. Therefore,it is my recommendation due to budgetory limitations to reject the bid of Bryan Dresser Trapp Rock, Inc. Piassengale moved, Butler seconded, to reject the bid for sealcoat aggregate from Bryan Dresser Trapp Rock, Inc. per the above memo. Motion, Ayes (3) - Nays (0) . P4assengale moved, Butler seconded, to receive the METROPOLITAN COUNCIL* Metropolitan Council r2inutes of April 27, 1978 MINUTES - April 27, 1978 per the asterisk agenda. P�iotion, Ayes (3) - Nays (0) . Letter Pages 20 & 21 r4assengale moved, Butler seconded, to approve the SALARY INCREASE* salary increase for PRichael Gaffron, Septic Michael Gaffron System Inspector, to $14, 000 per year, effective August 1, 1978. Psotion, Ayes (3) - Nays (0) . Massengale moved, Butler seconded, to approve the SALARY INCREASE* salary increase for Kathleen Hanlin, Building & Kathleen Hanlin Zoning Secretary, to $10 ,200 per year, effective August l, 1978. Motion, Ayes (3) - Nays (0) . _ P4assengale moved, Butler seconded, to approve the RECEIPTS, etc.* Summary of Receipts, Disbursements and Balances May, 1978 for the Month of A4ay, 1978. Motion, Ayes (�) - Nays (0) . P'Iassengale moved, Butler seconded, to approve the RECEIPTS, etc.* Sur.imary of Receipts, Disbursements and Balances January - May 31, 1978 for the five months ended May 31, 1978. Motion, Ayes (3) - Nays (0) . Psassengale moved, Butler seconded, to approve the J & S CLEANING SERVICE* increase to $245 per month, effective July l, 1978 Increase to J & S Cleaning Service for janitorial service. Psotion, Ayes (3) - Nays (0) . R .I r �_-.-��Y'�t�0�9�N!"<,��lt�l�l�r"+�.��.:1. r� .. �� V �� D r , Page 20 JUL 1 � 1�� Minutes of the April 27th, 1978 Council meeting nDO�e 3 VILLAG6� 06 »�� 1145.2.4 Amendment to 1978-1982 Metropolitan waste Control Commission, Develop- ment Proqram and 1978 Capital BudQet for Metro System EmerQencY Improvements. File No. 4668-B (Exhibit G) Mr. Pagel presented__the committee report to the Council. He then moved, seconded by Mr. Gasper y "That the Council approve the amendment to the 1978-1982 Development Program and the 1978 Capital Budqet to include "power factor" � • adjusting condensers to the 19 wastewater treatment works and 50 major pumping stations as part of project 76-05, Metro System Emergency Improvements." Motion carried. Mr. Pagel then moved, seconded by Mr. Gasper, approval of the following two Resolutions concerning the above Resc�ution No. 78-26 "Amending the Adopted 1978 Capital Budget of the Metropolitan Waste Control Commission by adding "Power Factor" Capacities to Project 76-05" Motion carried in the following roll call vote: Aves Nays Abstentions Absent Boland Lefko none none Bennett Brooks Pagel � Kegler Campbell . Petersen- Kane Dahlvang Rafferty Daly Costello deVries Weaver Gasper Colbert Resoiution No. 76-25 "Amending the Adopted 1978-1982 Development Program of the Metropolitan Waste Control Commission by Adding "Power Factor" Capacities to Project 76-OS" � Motion carried in the followinq roll call vote: Ayes Nays Abstentions Absent Boland Lefko none none Bennett Brooks Pagel Kegler Campbell Petersen Z:ane Dahlvanq Rafferty Daly Costello deVries Weaver Gasper Colbert 1145.2.5 Orono-Lon Lake Interce tor Plans and S ecifications Review and Comi*ent, Project 71-13, File No. 5341 Exhibit H) Mr. Pagel briefed the Council on the committee report. He then moved, seconded by Mrs. Brooks 1. That the plans and specifications for tne Orono-Z;onq Lake Interceptor system be found consistent with the golicy plan • and development program. /'P� �� Z. That Orono establish an interim service area ;'to L-99-0 throuqh an interim comprehensive sewer plan. �` . 3. The service area of the interceptor in Orono will__he, determined after Orono in conjunction with Long Lake, Medina, Maple Plain, Minnetonka Beach and other neiqhboring cities and school dis- tricts have completed their compreheasive plans in accordance with the Land Planning act. .-� � Page 21 Minutes of the April 27th, 1978 Council t4eeting Page 4 � 4. That the Metropolitan Council ratify and adopt the letters of I John Boland, Chairman, dated March 31, 1978, and April 20, 1978, as the Council's position and understanding regarding the Metro- politan Urban Service Line, the hietr000litan Sewer Service Aegion Line, and Interceptor Sewer Service Area. . 5. That the Metropolitan Council state that the designed inter- ceptor service area represents the possible area within which service could be provided from the interceptor. The City -of Orono is free to allocate its assigned capacity within the area as it sees fit. 6. Dependent upon the density of development, per capita flows and size of households, the capacity assigned to Qrono �1.14 mgdj may . � not be sufficient to service the entire interceptor service area. I Motion •carried. ; 1145.2.6 MPCA Proposed Amendment to Regulation WPC-34 Regarding Administration of Construction Grants and Loans (Exhibit I) Mr. Page presented the committee report to the Council. He then moved, seconded by Mr. Gas�er 1) Modify, or clarify the definition of "NEEDS" in Section B5 to state that it does not apply to individually owned on-site systems. � 2) � Clearly indicate the way in which the Director is to give consideration to the �our criteria used in the preparation of the List of Segments. 3) Specify the factors to be used by tt�e Director in determining whether a treatir.ent works and/or any portion of sewer system improvements are necessary to insure the integrity and performance of a disposal system. 4) Amend the definition of interceptor sewer to permit eli5ibility for interceptor sewers which meet the Metropolitan Area definition, and/or eliminate public health hazards. 5� Section E3c(2) - The proposed financial measures should not be used in their present form. Priority points should be awarded only to those communities with extreme financial hardships rather than awarding some points to each community. (Thus measuring relative financial conditions.) If, however, the proposed concepts are to be used, then the regulation should state objectives for giving priority points to each of the financial measures, and define specifically how each measure is calculated. - 6) Section E4b(2) (c) should be amended to make replacement of interceptors eligible, if such replacement is necessary and consistent with an approved wastewater manayement plan. 7) The decision making process, sequence, and respc>nsibility involved in the trans- fer of funds between the Metropolitan Area and the outstate area should be clearly specificd. In particular, the process for transfering projects from the rlunicipal Needs List to the Municipal Pro�ect List, using Sections E4b(1) , b(2) , b(3) , and h(4) must be clearly 3efined. If the Metropolitan Area has eligible projects which can be certified, but are of lower priority than outstate treat- ment works, there should be no transfer of funds. 8� Zn speci�ying the trans�.tion from the Municipal Needs List to the yunicipal Project i�ist, incornorate criteria awarainq hi�h state priority and an increased number ; of points to projects that are determined to be of high priority in an approved areawide !•�aster�ater management plan, 9) The basis on which the �irector is to determine that an item is "essential to the efficient and effective o�eration of a disoosal system" should be snecified. - _ �.- i i _ � , � REGULAR INIEETING OF THE OROPdO COUNCIL, JULY 25, 1978 Page 22 A memo from Dick Benson, City Administrator, on EMERGENCY FUND* the asterisk agenda dated July 20, 1978, states: I recommend Council approval establishing a new account within the General Fund which will be classified as an Emergency Fund. �aith approval - directing a resolution to be submitted at the August 15, 1978 Council meeting, we will designate within that resolution how monies will be dispersed as future current value credits to this account. Debt service credits will be credited to the debt service Fund as outlined in previous mer.ios. Massengale moved, Butler seconded, to request staff to present a resolution for the August 15, 1978 Council meeting authorizing the establishment of an emergency fund. Motion, Ayes (3) - Nays (0) . Massengale moved, Butler seconded, to adopt RESOLUTION #926* Resolution #926, A Resolution To Increase The Treasurer' s Change Fund Treasurer' s Change Fund. r4otion, Ayes (�) - Nays (0) . Massengale moved, Butler seconded, to accept INVESTMENTS REPORT* the report on the asterisk agenda from Thomas January-June 30, 1978 Kuehn, Finance Director, concerning investments through June 30, 1978. PZotion, Ayes (3) - Nays (0) . P�4assengale moved, Butler seconded, to accept GEPdERAL FUND STATUS* the report on the asterisk agenda from Thomas January-June 30, 1978 Kuehn, Finance Director, concerning the General Fund status as of June 30 , 1978. L�otion, _ � Ayes (3) - Nays (0) . Massengale moved, Butler seconded, to approve LICENSES* the following licenses: Motion, Ayes (�) - Nays (0) . Residential Kennel Licenses Holly Berry Irish Setters-Mrs. George Ronald - 2480 Old Beach Road Timothy & Joanne Peterson- 280 Orono Orchard Road General Licenses Dependable Services - Garbage Hauler Loren Brown Plui*►bing - Plumber Jerry Johnson - Sewage Disposal Installation Louis H. Peter Company - Plumber Stant Plumbing & Heating - Plumber & Sewer Hookup Stevens Well Drilling Company - Well Driller , , . • . REGULAR P'IEETING OF THE ORONO COUNCIL, JULY 25, 1978 Page 23 P4assengale moved, Butler seconded, that the All BILLS* Funds Accounts 19968 through 19978, 2509 through 2575, 6723 through 6767, 10841 through 10843 and Liquor Store Accounts 12617 through 12637, be paid. riotion, Ayes (3) - Nays (0) . Pesek moved, Butler seconded, that the meeting be ADJOURNP�IENT adjourned at 11: 30 P.M. Motion, Ayes (4) - Pdays (0) . � ��t��`�� l� `7„ , �� !`�- �` �ailliam B. Van Nest, Mayor Attest: �� 6�alter . son, Clerk- ' istrator