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HomeMy WebLinkAbout10-10-1978 Council Minutes � CITY OF ORONO Regular P4eeting of the Orono Council, . 7: 40 P.r�. October 10, 1978 The Orono Council met on the above date with the following r.ier.lbers present: t7ayor Van rlest, Councilr�er,zbers Butler, P�assengale, Paurus, and Pesek. Also present: City Planner Olson, City Attorney t4alkerson, Finance Director Kuehn, Chief of Police Kilbo, Public taorks Coordinator Gerhardson, and Deputy Clerk Strom. Absent: City Adrninistrator Benson and City Engineer Olson. Councilr.tenber Paurus left at 10 : 15 P.I�4. Butler r-ioved, P�assengale seconded, that agenda CONSENT AGENDA* i-ce:�� i3, 14, �0 , � :?1 �e inc?_��len �n the Consent Agenda*. P4otion, Ayes (5) - Nays (0) . Butler rloved, P4assengale seconded, to approve the Consent Agenda* including ;�13, 14, 20, & 21 vaith all staff data and supportive information to be included in the Minutes in the sequence they occur. Motion, Ayes (5) - rJays (0) . Butler moved, P7assengale seconded, that the PRINUTES * P�inutes of the Regular P4eeting of August 29 , August 29 , 1978 1978 , be approved. P4otion, Ayes (5) - tlays (0) . Butler moved, P7assengale seconded, that the rZINUTES * P�inutes of the Regular P4eeting of September 13, September 13, 1978 1978 , be approved, i�iotion, Ayes (5) - Nays (0) . Butler r:loved, P�assengale seconded, that the MINUTES * Plinutes of the Regular P7eeting of September 26 , Sentember 26 , 1978 19 7 8, be approved, riotion, Ayes (5) - rlays (0) . No comments fror,t the Park Commission. PARK COMMISSION i�Io coruaents from the Lake P�innetonka Conservation LMCD District representative. I10 cor.unents frorn the Planning Coru�ission. PLArdrIING COMMIISSION I4r. Alan Olson, City Planner, corunented that PLANNING COPISULTANTS the Planning Consultants are now proceeding - COP7MENTS with base maps for Orono and will begin field ' work next week. � � � R�GULAR MEETING OF THE OROP10 COUPICIL, OCTOBER 10 , 1978 Page 2 t9r. Alan Olson, City Planner, entered into the SUBDIVISION record the request of Dennis Kumlin, 2625 Fox 2625 Fox Street Street, for a subdivision dated June 8 , 1978, #398 which states: Dennis Kur.11in 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 (approximately six acres dry) . The proposal � meets all the requirements of the RR-1B zone. Planning Commission might be concerned with resubdivision possibilities of the larger parcel. The staff will review the existing septic system but site evaluation is not required on the larger parcel as it exceeds the five acres. A public information meeting should be scheduled. Planning Commission P4eeting - June 12 , 1978 6�ork 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 Comr►ission Meeting - July 10, 1978 Public information r.leeting - Mr. Kur.ilin was present. After discussion, Planning �Commission recommended preliminary approval per survey dated June 20, 1978. Report on existing septic syster► is pending. Staff Update - OctQber 3, 1978 P�r. Kumlin has completed the necessary items for final plat approval per the Planner' s rnemo of July 27, 1978. Please review the enclosed final resolution (Exhibit A - Conservation and Flowage Easement is not included in the package but will be presented at the meeting) . Staff recommends approval in accordance with the attached resolution. Council Meeting - October 10, 197�8 Butler moved, Pdassengale seconded, to ac�opt RESOLUTION #951 Resolution #951, A Resolution Approving The Plat Fo�vood Plat Of Foxwood. P�4otion, Ayes (5) - Plays (0) . ' REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 10, 1978 Page 3 PQr. Alan Olson, City Planner, entered into the SUBDIVISION record the reqilest for a subdivision of A. J. 1960 Shoreline Drive Tourangeau, 1960 Shoreline Drive, dated August 28, #414 1978 , which states: A. J. Tourangeau #414 - #418 - #421 Planning Commission reviewed at work session item #418, a conditional use permit application ior the station property, which included expansion of the existing use. Due to this new inforMation, the Planning Commission voted to reconsider their action of August 14, 1978 and then voted to table the subdivision application (#414) pending complete and concurrent review of the conditional use application #418. Council r�4eeting - August 29, 1978 After brief introduction, Council was advised of #418 conditional use application and of the Planning Commission action on August 28, 1978 reconsidering and tabling this subdivision application #414. Persons present for discussion included Art Tourangeau, Robert Reutiman and his attorney, Robert Hornick, and George Rovenegno, 2010 Shoreline Drive. P�r. Tourangeau told Council that his intention was to sell the house (and station) and that he wanted the subdivision to proceed with all due speed. He wished the station use to be a separate issue. Mr. Reutiman was asked and did proMise to revise the survey to show the traveled portions of Central Avenue and County Road 15, the existing sign location and the pump island location. P�r. Hornick was concerned that he be able to assur.ie operation on schedule and did offer to retain the auto repair service if this was necessary to satisfy the City. He would still want to sell the groceries. Council was very concerned with traffic problems and pedestrian safety. Council was concerned that this area was to have been zoned LR-lA in 1974 except for Tourangeau' s promise that the station would be operated in its same manner indefinitely. They were disturbed that the proposed use was a change froM the previous commitments and a change not warranted by the existing problems and hazards. Council would not object to continuing the same . type of station use as has historically existed. Tourangeau was asked if he would consider having the station rezoned to LR-lA with a conditional use perrlit to operate the station as presently operated. Tourangeau said "yes" he would agree to such a rezoning if the subdivision could proceed. Council indicated that this would resolve their concerns. (Continued) ' REGULAR NiEETING OF THE ORONO COUPJCIL, OCTOBER 10, 1978 Page 4 The City Attorney requested a copy of the lease . SUBDIVISION - #414 and option to buy from P�r. Tourangeau. 1960 Shoreline Drive (Continued) Council moved to refer Iter1 #414 back to the Planning Commission for consideration with the conditional use permit #418. Staff Note - August 30, 1978 Art Tourangeau and Robert Reutiman were in my � � office today and they completed an application for rezoning of the station to LR-lA. P�r. Reutiman was to supply a letter requesting amendment to the conditional use application #418 to continue operating the station in its present form. Planning Commission P��eeting - Septer�ber 11, 1978 Planning Commission discussed this� item with P�r. Tourangeau, P�r. Reutiman, and r4r. Hornick and several concerned neic�hbors. Mr. Hornick had just withdrawn his conditional use application. A petition from some of the neighbors was delivered to the Commissioners. P�r. Tourangeau stated that he wants to expedite the subdivision so he can sell the house. He has been "paying taxes on the property for 100 years" and it is "corunon knowledge that he does not operate the station" . He feels the issues should be separated. Planning Commission noted to all present that a rezoning application (#421) has been made and that a hearing would be held as scheduled on September 25, 1978 at 7: 30 P.P4. Planning Conunission tabled the subdivision (#414) until after the hearing on the r2zoning_ After much consideration of all the facts and new information, I recor.unend the following: l. That the rezoning hearing be h21d first. 2. That the current B-1 zoning be amended to LR-lA consistent with all the surrounding property. 3. That the subdivision request be granted per the same conditions required August 14, 1978; i.e. . a) Formal issuance of a conditional use permit for the gas station, pursuant to the requirer.lents of 31. 100, 32. 480, and 38. 500, for continuation of the existing ch«racter and extent of use of the property as a legal non-conforning use of land. b) Installation of required curbing and land- scaping as recomr,iended by the County Highway Departr,�ent and the C�t.y E�ngineer, not to include any additional right of way. Land- scaping ti�e table required. (Continued) REGULAR r4EETIPIG OF THE ORONO COUNCIL, OCTOBER 10 , 1978 Page � c) Combination of remaining Tourangeau SUBDIVISION lots for tax purposes (Lots 7-14 & 20) . 1960 Shoreline Drive d) Closing of one rear station window for #414 - #418 - #421 building code purposes. ' (Continued) e) Approval of variances necessary to accomplish the above. Planning Commission P4eeting - September 25, 1978 Planning Commission first reviewed application $421 for rezoning and the history of this subdivision � approval. This iten was referred back to Planning Commission by Council for further study after receipt � of application n418. Because the decision regarding application #421 has resolved the issues regarding . use of this property, the Planning Commission re- affirr.led their previous motion regarding subdivision approval. Planning Commission recommended preliminary plat approval subject to the following: l. Formal issuance of a conditional use permit for the gas station, pursuant to the require- ments of 31. 100 , 32. 480, and 38. 500, for continuation of the existing character and e�tent of use of the property as a legal non-conforrling use of land. 2 . Installation of required curbing and landscaping as recomriended by the County Highway Department and the City Engineer, not to include any additional right of way. (See revised r.►ap show- ing suggested landscaping areas. ) Landscaping time table required. 3. Cor.�bination of rer,iaining Tourangeau lots for tax purposes (Lots 7-14 & 20) . � 4. Closing of one rear station window for building code requirements. 5. Approval of variances necessary to accomplish the above. 6. No park dedication fee (existing dwelling) . 7. Legal staff review of the existing building encroachment onto Lot 2_ Mr. Olson also presented the following information CONDITIONAL USE PERMIT concerning a conditional use permit #418 , Robert #418 Hornick, dated August 25, 1978, which states: 1960 Shoreline Drive Robert Hornick The attached letter was received today from #414 - #418 - #421 P�'ir. Hornick explaining his intentions with the convenience store request. Assur.ming approval of the subdivision request, Mr. Reutiman intends to purchase the station from 1`4r. Tourangeau and then lease the property to Mr. Hornich f_or operation. (Continued) REGULAR MEETIr7G OF THE ORONO COUPJCIL, OCTOB�R 10 , 1978 Page 6 I recomr,iend very careful review of the proposal COT�DT'?'TOT�IAL USE PERMIT :3s it affects traffic safety, entry-exit, pedestrian #418 usage, traffic counts , parking and hours of operation. 1960 Shoreline Drive �ae have a very �ad traffic and parking problem in the area now with Paul' s Landir_g, especiall1� on weekends and r_ush hours. I am certain that n� one wants to see the situation deteriorate further. Tf this usag�: is permittec�, some fo�n of traffic control device may b2 nece�sary. Hennepin County has been asked to re-revie;a this reques� in light of the new groposal. Planning Commission PZeeting -- F_ugust 28, 1978 � ���ork Session: r1r. Reutiman and P4r. Hcrnick �aE_re Fresent. Also present was Mr. Gearge Rovegno, 2010 ShorelinF Drive. Planning Cor.ur►issicn was very concerned :�itr conve:�� encE food and b�er Nr.oN�sal seeing patential for an in�ol�rable traffic an3 pedes�r��n saf�ty s_tuati��n. 2�Ir. Hornick stressed the appearance cf his operation and noted that hours would pr_obahly be 6 : 30 A. M. to 10: G0 P.P4. , seven days per week, that traffic �ould b� _a.bo�i� threA times thE� current level, and that he wonld havn °::tewart" style hot san3w3ches. There are four existing fuel storage tanks totalling 15, 000 gallons (three at 3, 000 and one at 6 , 000) and P2r. Hornick proposes adding two new 6, 000 gallon tanks to increase capacity by 80o to 27, 000 gallons. He normally has only one employee on duty at any given time. Mr. Rovegno asked questions concerning traffic, hours and P�r. Hornick' s experience (stated as 19 years in oil business) saying that he does not like the gas station particularly; but that he can tolerate the existing traffic level. There is a low volume of traffic now with most vehicles on the property for repair rather than in and out service. Mr. Rovengo did strenuously object to this proposal saying that the convenience foods would attract too much traffic, that too many accidents happen in front of the station now, that too many people already use his private dock to buy pop at the station or use the restrooms and that he was very concerned for his child' s safety because of increased traffic on Central Avenue. The Planning Corunission was concerned that at the public meeting held on August 14, 1978 for the subdivision, I�Zr. Reutiman had said that the intention was only to clarify ownership and that the station would continue to operate as it always had. This application then is made with what constitutes a major change in the use. (Continued) REGULAR P�EETIIJG OF THE ORONO COiJNCIL, OCTOBER 10 , 1978 Page 7 Mr. Reutiman asked about whether or not he could CONDITIONAL USE #418 withdraw the subdivision, buy all the property and 1960 Shoreline Drive then affect this sarne operating change. He was (Continued) told "no, the service station is a conditional use that is always subject to review by the City upon change in use and that the lot size is sub- standard making the station also a non-conforming use subject to review and approval by the Council. " Staff noted that Hennepin County and the City Engineer are reviewing the traffic situation in regard to this proposal. Planning Commission requested more detailed traffic studies by the applicant, the staff and reports frora Hennepin County. They also requested the applicant to provide a more complete site plan by having his surveyor locate the gas island, parking, sign and traveled sections of County Road 15 and Central Avenue. Planning Cortmission noted that the entire property was to have been zoned LR-lA in 1974 except for a last minute promise by Mr. Tourangeau that the station would continue in its present use. Planning Commission, after consideration of the new proposal, voted to reconsider their previous action on the subdivision request (#414) . There- after, Planning Commission voted to table item #414 pending complete and concurrent review of this �application. Planning Commission requested that the neighbors be notified of a public information meeting on this request, said meeting to be held on September 11, 1978. Variances required: Lot 1, if all zoned RR-1B: 34. 842 Lot area required: 87,120 sq, ft. proposed: 16 , 000 s�. ft. variance: 17 ,120 sq. ft. = 82$ Lot width required: 200 ft. proposed: 104 ft. variance 96 ft. = 480 Front setback required: 50. 0 ft. existing: 40. 7 ft. variance 9. 3 ft. = 19 0 Side setback required: 30. 0 ft. proposed: 15. 3 ft. variance: 14. 7 ft. = 49g (Continued) REGULAR M�ETING OF THE OROiJO COUPICIL, OC'�QBER 10, 1978 Page 8 Lot 2, if all zoned B-1 CONDITIONAL USE #418 35. 040 Lot area required: 20 , 000 sq. ft. 1960 Shoreline Drive proposed: 10, 875 sq, ft. (Continued) variance: 9, 125 sq. ft. = 46a Lot Width required: 100. 00 ft. proposed: 139. 85 f_t. variance: None Rear setback required: 35. 0 ft. proposed: 5. 4 ft. variance: 29. 6 ft. = 850 � Required vs, existing landscaping: Front yard 20 ft. required - 0 ft. existing North side 15 ft. required - 2-5 ft. existing with screening Street side 10 ft. required - 0 ft, existing Rear yard 30 ft. required - 5. 4 ft, proposed Staff r7ote - August 30 , 1978 Mr. Tourangeau and Robert Fteutiman were in my office today and they completed an application for rezoning of the station to LR-lA. Mr. Reutiman was to supply a letter requesting amendment to the conditional use application #418 to continue operating the station in its present form. Planning Commission Meeting - September 11, 1978 Public meeting held. P�essrs. Hornich, Reutiman and Tourangeau were present along with several neighbors. Mr. Hornick presented a letter withdrawing his conditional use permit application; consequently, the chairman closed the public meeting. Mr. Olson presented the following information REZONING #421 concerning the rezoning application #421, for 1960 Shoreline Drive A. J. Tourangeau, 1960 Shoreline Drive, dated A. J. Tourangeau August 31, 1978, which states: Concurrent with the subdivision application #414 and the conditional use permit application #418 , Mr. Tourangeau is requesting rezoning of the service station property fror.i B-1 to LR-lA as originally contemplated by the City in the 1974 city-wide zoning realignment. This application is consistent with the Comprehensive Plan of the City. The application is made conditioned upon receiving a conditional use permit for continuation of the existing service station as a legal non- conforming use pursuant to Sections 31. 100 & 32. 480. A public information meeting will be scheduled for September 25, 1978. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, OCTOIIER 10 , 1978 Page 9 Planning Commission Pleeting - SePtember 25 , 1978 REZONING - #421 1960 Shoreline Drive Public information meeting held, t•Zessrs . Tourangeau, (Continued) Reuti�an & Hornick were present, as well as the follo��ing neighbors : Mr. Rovegno, Ms . Stinson, and P�r. & P�rs. Spencer. Mr. Olson explained the request and stated he had the Affidavit of Publication and Certificate of P�Iailing. Mr. Reutirlan ir,umediately requested that on the advise of counsel, his name be removed from �this application. Mr. Olson noted that his name was not on the application, only Mr. Tourangeau' s. Ms . Hurr asked PZr. Reutiman to submit his comments in writing. � P'Ir. Reutiman agreed. Mr. Tourangeau explained his position regarding the relationship of the rezoning and the subdivision being one of wanting to expedite sale of the house on Lot 1. Mr. Reutiman stated that he .felt the City should not condition subdivision approval on the rezoning application. Mr. Rovegno referred to the letter from the neighbors regarding the pr�posed use, which letter the Planning Commission had received. He stressed that the present use was acceptable, but to expand the business would be objectionable. There was discussion including Mr. Hornick' s description of the proposed use of the station and how the neighbors felt that it would effect the traffic in the neighborhood. Staff noted that selling food is a permitted use in the B-1 zone, but if the property were rezoned, it would not be a permitted use. Mr. & Mrs. Spencer were concerned about the hours of operation. It was felt that the greatest problem would be ingress and egress traffic on the property, and pedestrian safety should any expanded use be allowed. Ms. Hurr referred to the engineer' s recomr.iendations in his letter of September 5, 1978 which states: "We recommend that no other use, except motor fuel station, be allowed that would have the effect of increasing traffic movements in the area. " Staff recomriended that the rezoning is a reasonable request and, in fact, should have been done four years ago. This recommendation is made being fully aware of the pending application. Planning Commission moved to approve the rezoning of the easterly 70 f t. of Lots 24 & 25 from B-1 to LR-lA to include a legal non-conforming conditional use permit for the station to operate as presently ' operated. Mr. Alan Olson presented a memo concerning the three above applications, #414, #418, & #�421, concerning 1960 Shoreline Drive, dated September 28, 1978 , which states: (Continued) REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 10, 1978 Page 10 Al1 three of these applications concern one ?ZEZONING - #421 property and are intricately intermingled. The 1960 Shoreline Drive Planning Cor.unission has recommended rezoning (#421) (Continued) and preliminary subdivision (#414) approval. The conditional use permit (#418) was withdrawn, but a legal non-conforming use permit would be a part of the rezoning. I recommend reviewing and adopting the attached resolution first. Second, should be the review and adoption of the attached rezoning ordinance. Thirdly, the review of the preliminary subdivision with any a�proval being granted in the 'normal manner of a motion as per the Planning Cortrmission recoru-�endations, plus reference to the above resolution. Council Meeting - October 10, 1978 Mr. Reutiman, Jr. , r�r. Reutiman, Sr. , P�Ir. Tourangeau, and i4r. Revegno, a neighbor, were present. P4r. Reutiman, Sr. requested the City Council to table the applications for 1960 Shoreline Drive due to the fact that none of the applicants had had sufficient time to thoroughly review the resolution. They would like to put their objections in writing for the next Council meeting. Paurus moved, Butler seconded, to table the preliminary subdivision, #414, and rezoning, #421, applications for 1960 Shoreline Drive, until the next Council meeting and for the applicants to put in writing their objections. P�otion, Ayes (5) - rdays (0) . Mayor Van PJest announced that now was the time PUBLIC HEARIPdG and place for the Public Hearing regarding a 8 :06 P.r4. proposed amendment to the Flood Plain Pianagement Flood Plain Management sections of the r-sunicipal Code. Deputy Clerk Strom presented the Affidavits of Publication. Mr. George Revegno, 2010 Shoreline Drive, was present. After all persons present had an opportunity to be heard, the public hearing was closed at 8: 14 P.M. Paurus moved, Pesek seconded, to table the proposed amendr,ient to the Flood Plain Management sections � of the r2unicipal Code and requested the City Attorney to review the proposed ordinance. P'totion, Ayes (5) - Nays (0) . REGULAR MEETING OF THE OROP70 COUPdCIL, OCmOBER 10, 1978 Page 11 Mr. Alan Olson, City Planner, entered into the VARIANCE record the request for a variance of Calvin R. 650 North Arm Drive Welsh, Jr. , -650 Plorth Arra Drive, dated September 19 , �#423 1978 , which states: Calvin R. Welsh, Jr. Lot 1 of Auditor' s Subdivision #362 is sewered and has approximately 0 . 8 acres of dry buildable land. The lot c�ualifies for "a single family dwelling purpose" per Zoning Ordinance Section 31. 202. The proposed house will require a front yard setback variance due to severe hardship of the shallow depth of the lot, even at its widest (dry buildable) point is only 126 ' and the lakeshore rear yard setback of 75 ' makes it impossible to meet the zoning demands. The driveway entrance, as stated on the lot, is acceptable. In P.�r. ��Ielsh' s letter, he makes mention of a proposed dock to be located 25 ' from the neighbor' s property line at the southeast corner of his lot. The dock appears to meet all requirements as long as it does not involve any dredging, shoreline alteration, decks or retaining walls on steep bank. Variance required: Zoning District LR-1B, Sec. 34. 450 Front yard setback required: 35 ' proposed: 27' variance: 8 ' = 23a Planning Commission P�Ieeting - Septerlber 25, 1978 The Planning Commission recommends for approval the variance application of Calvin R. Welsh, Jr. approving the 8 ' front yard setback due to hardship of lot' s depth at the only buildable site. Council Meeting - October 10 , 1978 Butler moved, PZassengale seconded, to approve the variance request of Calvin R. Welsh, Jr. , 650 North Arm Drive, per the Planning Commission recommendations of September 25, 1978. Motion, Ayes (5) - Nays (0) . Mr. Alan Olson, City Planner, entered into the VARIANCE record the variance request of James P. Neve, Jr. , 4060 Dahl Road 4060 Dahl Road, dated September 19, 1978, which #426 states: James P. Neve, Jr. The applicant requests a 5' side yard variance at the southeast corner of the proposed family-room. The existing greenhouse will be removed. Please note the location of the neighbor' s house to the east upon site inspection. The applicant has supplied photographs which are available at the City office for review. (Continued) REGULAR r2EETING OF THE ORONO COUPICIL, OCTOIlER 10, 1978 Page 12 Variance required: Zoning District - LR-1B VARIAr10E Section 34. 450 4060 Dahl Road #426 Side yard required: 10 ft. James P. Neve, Jr. proposed: 5 ft. variance: 5 ft. = 50$ Planning Commission P�4eeting - September 25 , 1978 The Planning Commission recommends for approval the variance application of James Neve approving the five foot side yard variance due to hardship of lot configuration, lot width at building site and no ob�ection from neighbor most aff_ected. Council Meeting - October 10, 1978 Butler moved, Paurus seconded, to approve the request for a variance of James P. Neve, Jr. , 4060 Dahl Road. P4otion, Ayes (5) - Nays (0) . Butler moved, Massengale seconded, to approve RIPRAP* the riprap request of George Johnson, 835 Parten- 835 Partenwood Road wood Road, subject to approval of the P4innehaha George Johnson Creek Watershed District. Motion, Ayes (5) - Nays (0) . The following letter was received from the City CITY OF LONG LAKE LETTEF of Long Lake regarding sewer and water for Bill William �9ear Wear, dated October 5, 1978, which states: "The City of Long Lake has authorized William Wear, to hook up a six-inch watermain and sanitary sewer from the City of Long Lake, to � his property described as Plat 41334, Parcels 3010 and 3025_ Mr. Wear is currently hooked into the Long Lake water system is metered, and billed directly by the City of Long Lake. The City will continue to meter and bill directly to P4r. �aear, any water and sewer to his property from the City of Long Lake_ " Paurus moved, Pesek seconded, to accept the above letter from Long Lake concerning sewer and water for William P�ear. P�otion, Ayes (5) - rdays (0) . � (Additional discussion later in the evening. �ee PaRe 23. ) REGULAR PZEETING OF TI�E ORONO COUNCIL, OCTOBER 10 , 1978 Page 13 The following information was presented to the VICTORIA GRAIN COMPANY City Council from r4ichael Gaffron, Septic System #200 Inspector, concerning the Victoria Grain Company subdivision (#200) ; Update on Soil Testing, dated October 5, 1978, which states: The subdivision proposes six buildinc� lots of two to three acres each. Soils on the site include Glencoe silty clay loam, HaMel loam, PRarsh (these first three are wetland soils) , T,e,ter loam and Kilkenny loam. Lester soils generally are accept- able for a standard �ystem, while ?:�lkenn�� soils have generally slow percolation rates and �in most cases , require alternate systems. Proposed Lot 6 has an existing house. Lots 4 & 5 have been preliminarily tested and indicate fairly good percolation rates, although I am skeptical of the seasonal water table depth for the secondary drainfield sites of both lots. Additional soil borings will be required on Lots 4 & 5 prior to issuance of building permits. Lots 3, 4 & 5 have not yet been tested. Lot 3 contains Kilkenny and Lester soils. It is likely that a standard system could be installed on Lot 3. Lots 1 & 2 should be tested prior to approval of the subdivision, and I strongly recomr.lend that Lot 3 be tested at the same time. Council Meeting - October 10 , 1978 Mr. Robert Cargill was present and presented the City Council with a letter from his attorney, Mr. John Hacking, dated October 4 , 1978. Letter - Pages 14 & 15 Mr. Cargill was concerned with the cost involved for percolation tests. Since tlie -��zl�r»nar_�� �lat had been approved before the new septic ordinance was adopted, he felt that the City should waive the requirer.lent. Mr. Alan Olson: Pollution Control Agency and t'�e Metropolitan Waste Control Commission reconr�end testing before final plat approval. If septic prob��r:ls exist, they could create a legal problem for the City and owner. Attorney P4alkerson: You must meet all the rec�uire- rlents of the septic ordinance before any building permit can be issued. Pesek moved to grant a variance not to require percolation test prior to final plat apProval but prior to any building perr.►it being issued. (Continued, Page 16) Page 14 BERG, HACKING & BERG ATTORNEYS AT LAW 113 GfiA1N EXCHANGE BUILDING , MINNEAPOLI� MINNESOTA 55415 GORDON .L BER6 October 4 � 19 / � . ' AREA Co�C 612 J�HN F. HACKIN6 � TEl_EPHONC JOHN G. BERG 336-8333 � ❑F COUNSEL DAVID GRONBECK PAUL D. NELSDN �.� :� o � � '_[ � '�,� ',� I�Iayor Brad Van Nest � D and Members of the Orono City Council Orono City Hall - �:-,� , ,� _�.t� Orono, Minnesota "" . - Re: Approval of Plat of Victoria Estates c�N �� ORONO. , Ladies and Gentlemen: In preparation for requesting your final approval of the subject plat, I was informed by Mr. Olson recently that you now - require primary site and secondary site percolation tests for each lot of a proposed plat prior to final approval . As you know, this requirement was ordained well after your preliminary approval of the subject plat was given. I would now request that you waive that requirement in this case. I need not detail the time and effort expended by the developer, the planning co:nmission, and you in resolving the complicated problems presented by the development of this land. After many presentations and often heated debates , your preliminary approval was granted, many concessions having been granted by all involved. Your preliminary approval was conditioned upon (aside from the usual contingencies such as approval of the city attorney, etc . ) the developers' granting of conservation easements over a vast area of wet land and a one-acre parcel of buildable land. rsessrs. Cargill and Doherty and I viewed this preliminary approval as the council ' s undertaking to grant formal approval upon the performance of those then-stated conditions. The developers are now ready, willing and able to perform the same. It would seem unfair at this late date to require new and expensive conditions to be met. Incidentally, the developers received no notice of this new requirement even though the subject plat had been preliminarily approved when the new ordinance was passed. You may well wonder why a substantial period of time has passed since you granted prelir,►inary approval. The state of the title to the land being platted required that certain deeds for portions of the land be presented with the plat at the time of filing. Those deeds conveyed parcels of land which were extremely irregular in shape. Such conveyances are frowned upon by the Page 15 Letter to i�ayor Van Nest, et al. Page Two October 4 , 1978 Registrar of Titles �f Hennepin County and the proposed deeds , containing extremely detailed property descriptions had to all be reviewed by the Registrar of Titles and approved. Securing that approval was the main cause for the lapse of time. It is respectfully requested that the requirement that additional percolation tests be made prior to final approval of the subject plat be waived. Very truly yours, John F. Hacking JFH: lh � cc: r1r. Malkerson Mr. Al Olson, Orono Zoning Administrator c - REGULAR P-�EETIPIG OF mHE OROP10 COUNCIL, OCTOAER 10, 1978 Page 16 Discussion followed. VICTORIA GRAIN COMPANY (Continued) Pesek withdrew his motion. Massengale moved, Butler seconded, that the City Council support staff recomrnendation to require developer conforr,� to terr.ls of the septic ordinance on testing and to draft a resolution for the next meeting. P2otion, Ayes (4) - Nays (1) . Councilmember Paurus Nay. Butler moved, PZassengale seconded, to adopt � �tESOLUTION #952* Resolution #952, A Resolution Appointing Additional Election Judges Election Judges For The General Election To Be - Held Nover,iber 7, 1978. Motion, Ayes (5) - Nays (0) . A memo to the City Council from Joan Lattin, INSURANCE SPECIFICATION; Deputy Treasurer, concerning insurance specifi- BID DATE* cations dated October 4, 1978, states: Please find attached a copy of the insurance specifications for Cor.lprehensive General and Automobile Liability, Workmen' s Compensation, Umbrella Policy, and Public Officials Liability. It is recommended that the City of Orono advertise for bids on October 18, 1978, and award the bids at the Council meeting of December 12, 1978 , inasmuch as our present policy terminates on January 12, 1978; I am given to understand that there will be more insurance carriers competing for municipal insurance business ,this year than the previous three years. - Butler moved, Massengale seconded, to advertise for insurance bids to be opened on November 29 , , 1978 and to award the bid on December 12, 1978. Motion, Ayes (5) - Nays (0) . The following memo from John Gerhardson, Public COMr.qUNITY IlLOCK GRANT Works Coordinator, was presented to the City HEARING DATE Council, dated October 4, 1978, which states : The City of Orono has been rec�uested by Hennepin County to set a public hearing date for the Year V (year IV for Orono) Community Development Block Grant Prograr.l. This year we are only required to hold one public hearing and can be conducted by the Orono Council or Planning Comrlission. (Continued) REGULAR T�2EETING OF THE ORONO COUNCIL, OCTOBER 10, 1978 Page 17 Hennepin County is requesting the public hearing COr4MUNITY BLOCK GRANT be held no later than November 1, 1978 . Hennepin HEARING DATE County staff will attend to offer assistance and (Continued) explain changes in the program. Council Meeting - October 10, 1978 Mayor Van Nest moved, Butler seconded, to hold a public hearing November 14, 1978 at 7: 00 P.M. for the Community Development Block Grant Program for Year V. Motion, Ayes (5) - Nays (0) . The following letter was =�eceiv�� b�� the City r7APLE PLAIN LAW Council concerning the Contract for Law Enforce- ENFORCEP�ENT LETTER ment from Maple Plain, dated September 27 , 1978, which states: "This letter is to give notice that the City of Maple Plain is exercising its option to terminate the Agreement and Contract for Law Enforcement as of December 31, 1978. " End of letter Tom Kuehn, Finance Director, presented the follow- POLICE SERVICE CONTRACT ing mer,lo to the City Council concerning the police service contracts, dated October 5, 1978, which states: On September 26, 1978, Council approved the 1979 budget for the police department. On September 29 , 1978, staff received a letter from the City of Maple Plain stating that they were exercising their option to terminate the existing Agreement and Contract for Law Enforcement as of December 31, 1978. This means the loss of $53,039 in revenue for 1979. Chief Kilbo has cut the budget in an effort to offset this revenue loss by $48, 943. The attached schedule indicates the budget reductions by line item. Assur.►ing that Council ok' s the budget cuts as presented, the net effect of the revenue loss of $53,039 versus the budget reduction of $48,943 means that approximately $�4, 100 will have to be absorbed by the remaining cities in the contract, including Orono. Orono' s share of this is $1, 476 . This amount is not material and i feel we can absorb it. ' (Continued) REGULAR MEETING OF THE ORONO COUNCIL, OCTOBER 10, 1978 Page 18 Massengale moved, Butler seconded, that the POLICE SERVICE CONTRACT City Council re�uest the City AdMinistrator to (Continued) review the proposed new budget and attempt to �anage the police service contracts within the revenues available from the forthcoming fiscal year and to bring back to the Council at a future date. Motion, Ayes (5) - Nays (0) . Massengale moved, Butler seconded, to accept MINNETONKA BEACH POLICR the Agreement and Contract for Law Enforcement CONTRACT froM r4innetonka Beach. Motion, Ayes (5) - Nays (0) . � Chief of Police Kilbo �aas present and presented AGREEP�ErdT - LOCAL #320 the City Council with a letter received from Mr. C. F. Smythe dated September 26, 1978 , which states : "Fiere is the 1978 agreement between the City of Orono and I.B.T. , Local No. 320 , representing � police. On insurance I agreed the City would over pay beyond the $65. 00 per nonth for the rest of 1978 to the extent required to make up the $15. 00 increase from January. " Council 2�eeting - October 10, 1978 tlayor Van Nest moved, Butler seconded, to accept the 1978 Agreement between the City of Orono and Local rao. 320. Motion, Ayes (5) - Nays (o) . Chief of Police Kilbo entered into the record M.A.P.S. I. CONTRACT the following information concerning the M.A.P.S. I. Animal Control Contract, dated - October 5, 1978, which states : I have received a letter from P4.A.P.S.I, indicating that Reo Raj Kennels no longer are acceptable as a holding facility and that P�I.A.P.S.I, will cancel our contract on October 31, 1978 at 12 : 00 P.M. unless an alternate solution can be reached. Pd.A.P.S .I , indicates they will be happy to take all animals to M.A.P.S.I. in Minneapolis or another licensed veterinary clinic in our area. I have r.iade preliminary contact with P�r. Brian Fulmer of The Dog House Boarding ICennels , 3505 jaayzata Boulevard, 473-9026, and will meet with him on October 10 , 1978.� (Continued) � REGULAR DZEETING OF THE ORONO COUNCIL, OCTOBER 10, 1978 Page 19 In the past year, Reo Raj has processed one M.A.P. S. I . CONTRACT raccbon, 43 dogs, and eight dead dogs . They (Continued) have released 46 dogs to Orono owners. They are now charging us $20 . 00 per each unclaimed dog and $2 . 00 impound fees per claimed dogs. I recommend use of The Dog House Boarding Kennels as our impound storage area. Council P�leeting - October 10, 1978 Mayor Van Nest moved, Paurus seconded, to table the request for a new kennel for impounded dogs � until other kennels have been investigated, and to approve the temporary use of r4.A.P.S . I, until such time as another kennel has been contracted with. Motion, Ayes (5) - Nays (0) . Chief of Police Kilbo entered into the record his LAW ENFORCEMENT INTERN* memo concerning a law enforcement intern, dated October 5, 1978, which states: The police department has a request from Mr. Mark Tomczyk of 12235 Highway 55, Plymouth, to complete his college work at Normandale Community College by serving a ten-week internship with our department. Mark is 20 years old and is in his second year at Normandale in law enforcement studies. He has extensive first aid training (E.M.T. ) and has attended a heavy reserve school and is at present a volunteer fire fighter with the Plymouth Fire Department. He will develop burglary and accident pin maps, ride in squadcars, participate in police reserve activities, and perform such activities as the Chief may direct. The following conditions will apply: l. The period of internship will run from October lst through the second week of December, a period of ten weeks at approximately 20 hours per week. 2. He will not be an employee of the City or guaranteed er►ployrient after the period. 3. Insurance coverage is not afforded by the college, our carrier will assume coverage under comprehensive liability policy upon receipt of a memo frorl us requesting coverage. 4. Evaluation and grading by the Chief of Police. 5. This will not create a position for future employment. (Continued) � REGULAR PZEETING OF THE ORONO COUNCIL, OCTOBER 10 , 1978 Page 20 Butler noved, r�assengale seconded, to approve the LAW ENFORCEMENT INTERN* law enforcement intern for the Police Department (Continued) from October l, 1978 through the second week of December, 137�3. .�otion, ?�ye� (S) - iTa��s (0) . Butler moved, Massengale seconded, to adopt RESOLUTION #953* Resolution #953, A Resolution To Accept A Accept Donation - Donation, Minnetonka Vanguards. 2�Iotion, rsinnetonka Vanguards Ayes (5) - Nays (0) . The City Council received a letter dated 1979 FIRE CONTRACTS Septer�lber 25, 1978, concerning the 1979 Fire Protection Cost from P•4aple Plain, which states : "The City Council has adopted a proposed Fire Departm�nt budget of $48, 333. 00 for 1979. The prorata share of this budget for the City of Orono is $6 ,901. 95. " End of letter Tom Y.uehn, Finance Director, presented the City Council with the following memo concerning the fire contracts, dated October 5, 1978, which states: I'he City of Orono contracts for fire protection from the adjacent communities of Long Lake, ��ayzata, Mound, and P�Iaple Plain. Generally, this has been satisfactory to all participants; however, the contract with D4aple Plain is being negotiated at Maple Plain' s request and there are some points of dispute regarding the existing contract. The major disputes are regarding the costs being charged by P�aple Plain under a revised contract that was not approved or signed by the City of Orono. Because of this, we have withheld payment of the entire costs being charged. We have offered to remit the amounts we budgeted for the years in question (1974-1977) as payment in full. This has been rejected by Maple Plain. � I have briefly reviewed the above r►atter with Pdayor Van Nest. As a result of that discussion, I proposed the City of Orono send a check to the City of P�aple Plain for the amount we budgeted for the years in question, but that we state that this is not intended as payment in full. In this way, we can show our good faith, as P�Iaple Plain has in continuing to provide fire protection, and then, the two cities can negotiate the dispute and the Zew contract after this. (Continued) , � � ± � i ! REGULAR MEETING OF 1HE OROP10 COUNCIL, OCTOBER 10 , 1978 Page 21 The aMount we have budqeted for the period in 1979 FIRE CONTRACT question is $6, 520. 00 and the charges from Maple (Continued) ' Plain were $9 ,147. 85. If this meets with Council' s approval, I will draw a check for $6, 520. 00 and draft a letter stating our intentions . Council Meeting - October 10 , 1978 Paurus moved, Butler seconded, to authorize payment of the budgeted amount of $6 , 520. 00 for fire service from Maple Plain for 1974-1977, subject to the City Administrator' s review and to resolve the difference. P�otion, Ayes (5) - ' rdays (0) . The request for deferred special assessments DEFERRED SPECIAL concerning Mrs. Eva Adamson, 1400 North Arm ASSESSP4ENTS Drive, Plat 43098, Parcel 3000 was discussed. Mayor Van Nest rec�uested the City Attorney to write a letter to the Legal Aid Society with reference to Statute 435. 193 and for staff to review the possibility of establishing such an ordinance. Mr. John Gerhardson, Public Works Coordinator, CHANGE MEETING DATE presented the City Council with a r;1er.10 concerning October 26 , 1978 the School Election - October 24, 1978 , dated October 3, 1978, which states: On October 2, 1978, I was notified by r4rs. P'Iarge G�sch that the Orono school is having a bond issue election. " As in the past, the Orono Council Chambers will be used as a polling place. Therefore, it will be necessary to reschedule the October 24, 1978 Council Meeting. Mayor Van Nest moved, Butler seconded, that the next Council Meeting will be held on Thursday, October 26, 1978, at 7:00 P.M. Motion, Ayes (5) - Nays (0) . � REGULAR MEETING OF THE ORONO COUi1CIL, OCTOBER 10, 1978 Page 22 Butler moved, Massengale seconded, that the FALL CLEANUP DAY* City of Orono hold a fall cleanup day on Saturday, October 28, 1978, froM 8 : 00 A.M, to 4 : 30 P.r�i. Motion, Ayes (5) - Nays (0) . Mr. John Gerhardson, Public Works Coordinator, TEMPORARY EMPLOYMENT* informed the City Council that for the past Orono Golf Course several years , P4r. Doug Erickson has contracted with the City of Orono to manage the Orono Golf Course Clubhouse. On SepteMber 30, 1978, Doug will have used the � � amount of hours allotted as per the contract. Because of the possibility of good golfing weather ' through October, it is my recommendation to employ P�r. Erickson for the rerlainder of the season at a rate of $3. 00 per hour, for a time not to extend beyond October 31, 1978. Butler r.loved, Massengale seconded, to er►ploy Doug Erickson at the Orono Golf Course Clubhouse until October 31, 1978 at a rate of $3. 00 per hour. P4otion, Ayes (5) - Nays (0) . Mr. Tom Kuehn, Finance Director, entered into the RESIGNATION * record the resignation of Susan Lynott, Clerk- Susan Lynott Receptionist, dated October 5, 1978, which states: Susan Lynott has been with the City since December 2 , 1976. She has developed and improved many skills during that time and has ta3cen varied duties and assignments. I am quite pleased with her overall performance and attitude. Sue and her husband, Jon, are expecting their first child in Nover,iber. She has given notice that Friday, October 20, 1978, will be her last scheduled day of er�ployment with the City of Orono. She has not reguested a leave of absence. As of October 5, 1978, Sue has 23 hours of accrued vacation and 90 hours of unused sick leave. I recommend that Sue be given the one-third portion of unused sick leave (30 hours) as severance pay, along with her accrued vacation (23 hours) . At this time, that would total $170. 13 (53 hours at $3. 21 per hour) . These hours will be adjusted for the month of October so they may change slightly. Butler moved, P4assengale seconded, to accept the resignation of Susan Lynott, Clerk-Receptionist, and to approve severance pay of accrued vacation and one-third sick leave, per the above memo. • A4otion, Ayes (5) - Nays (0) . ` REGULAR PZEETING OF THE ORONO COUNCIL, OCTOBER 10 , 1978 Page 23 Butler moved, Massengale seconded, to accept the LI�UOR STORE REPORT* Liquor Store Operations Second Quarter, 1978, report. N,otion, Ayes (5) - Nays (0) . Mr. Alan Olson, City Planner, informed the City HENPdEPIN COUNTY PARK Council that a letter was received today from RESERVE DISTRICT Clif French, Superintendent of the Hennepin County Park Reserve, dated October 6, 1978. Letter - Page 24 Discussion was held. The City Council requested ' Mr. Olson to inform the Hennepin County Park Reserve District, that due to staff time involved with their request, that they pay the normal application fee. Councilmember Paurus left the meeting at 10 :15 P.M. Mr. Bruce r4alkerson, City Attorney, discussed BOULDER BRIDGE P4ATTER with the City Council the legal riatters concern- ing the Beckers, Taylors, and Boulder Bridge Farm. Pesek moved, Butler seconded, to request the City Attorney to draft a resolution stating facts supporting the DNR to intervene in the Boulder Bridge matter. Motion, Ayes (4) - Nays (0) . . Additional information was presented by P4r. Alan BILL WEAR SE�4ER & �aATER Olson, City. Planner, concerning the William ��Jear (Page 12) request for sewer and water service frori Long Lake. Mr. Olson stated that the basement was not included in the original building permit but was discovered upon inspection of the building. The State Building Code requires fire sprinkling of such a basement. Mr. Wear was given the option of installing the fire sprinklers or providing direct access to the basement from the outside. Fire sprinkling is the preferred method of protection but requires a large water supply available only by connection to the Long Lake municipal system. This connection occurs � now because P�r. Wear is ready to have people move into one part of the building but Orono cannot issue a certificate of occupancy until the building complies with the building code. � . y� ' «-� Page 24 T f ^.. l C `�'� � �_ -�-r� �_' �` �a HENNEPIN COUNTY PARK RESERVE DISTR ( CT f:_. . 1�-',-_a F_'_ 1 1-� �� p.0. SOX 296 • MAPLE PLAIN, MINNESOTA 55359 • TEL Er^HONE 473-�E93 �- a_'r�. .�.�� � "T-� ,_. � .._... `.__� I - ''' October 6, 1978 �'_� ,� r- �l„ (� - - r� ;� �� �J � �� o � � ��_ � ,� �_ . � . - Mr. 1Ja1 ter R. Benson ^ ��T '- - ���� • BOARD City Administrator � OF COF�AflISSIONERS City of Orono Box 66 �Jl+l� �`. C�0[�0, JUDITH S.AND�RSON . CHAIaMAN Crystal Bay, MN 55323 BLOOMINGTON CHAFLES fi.PIHL Dea r D i ck: . � V�CE CHAIRMAN ` ORONO A short time ago, I spoke to you regarding the waiver of the � WILLIAMBARBEAU City' s appl ication fee for processing the District 's request ST.LOUiSPAfiK for vacation of roads within Kate B. Plummer's Subdivision SHIRLEYA.BONINE located on the west i s 1 and, B i g I s 1 and. As you know, th i s MAP�EPIAIN property was purchased by the District a few years ago when the intention was to eventually acquire the entire Big Island AMELIA M.DeMUSE AAINNEAPOI�S area aS a regional park. DAViDDURENBERGER � March O� �9��, the District's Board of Commissioners M I N N EAPOL�S officially established boundaries for Big Island� Regional Park. ALANK.GREENE TF1252 boundaries were establ ished after considerable discussion MOUND and review, including a joint public information meeting. held LAWRENCEF.HAEG with the City of Orono in February of 1978. The proposed park ROBBINSDALE will be located entirely on the eastern island. Since the parcel located on the western island was no longer within the proposed JUNE HEGSTROM M,NN�,ao��s. boundary, . the Board declared this land surplus and authorized the Superintendent to petition Dist�ict Court for approval to sell LISA HOILENDER th I S p rope rty. M I N N EAPOLIS - RAYMONDN.SEAGREN Subsequently, an acquisition was negotiated whereby the District ""'""�s'P°"s would trade its ownership on the west island for property located ••• within the proposed park boundary on the east island. Included in this negotiation was the stipulation that the District would attempt CLIFTONE.FRENCH to have the roads vacated on the sur lus ro ert located on the SUPERINTENDENT P P P y west island. The District Board feels that in view of the heavy expenditures the District is making to acquire parkland on Big Island that Orono could show its interest in this project by waiving the fee. Thanks for what you can do in getting this requested granted. Sincerely, ��'�'s� Clifton E. French ' Superintendent and Secretary to the Board CEF:ghd � REGULAR MEETING OF THE OROP10 COUNCIL, OCTOBER 10, 1978 Page 25 Butler moved, Massengale seconded, that the LICENSES* following licenses , be approved: P4otion, Ayes (5) - Nays (0) . Arnie' s Excavating - Septic System Installation Valley Plumbing Cor.►pany - Plurtber Butler moved, r4assengale seconded, that the Al1 BILLS* Funds Accounts 6996 through 7041, 10668 throuc�h 10670, 02833 through 02883, 11702 and Liquor Store Accounts 12741 through 12753, be paid. P•�otion, Ayes (5) - Nays (0) . � Massengale moved, Butler seconded, that the ADJOURNMENT meeting be adjourned at 10 : 45 P.M. P4otion, Ayes (4) - Nays (0) . �� f �l'l �' ����� ``�� �� � [aalter B. Massenqale, Actinq Mayor [ailliar� B. Van Nest, Mayor � � _ � - A t t e s t: � �L-%�/��.�.��z�a ,���.:��`�.�-- i�_ti�_' 1 Walter R. Benson, Clerk-Adminis rt ator