HomeMy WebLinkAbout07-24-1979 Council Minutes . � �.
CITY OF ORONO
Regular tieeting of the Orono Council, 7 : 00 P.M.
July 24 , 1979
The Orono Council met on the above date caith the
following members present: Piayor Van Nest, Council-
members Butler, Hurr, and P4assangale. Councilmember
Paurus arrived at 8: 15 P.P�i. Also present: City
Administrator Benson, City Planner Olson, City Attorney
Psalkerson, and City Engineer Cook.
q
i2avor Van Nest announced that now was the time and PUBLIC HEARIPdG
place for the public hearing regarding the proposed Uniform Fire Code
adoption of the P'tinnesota Uniform Fire Code. City
Administrator Benson presented the Plotice of Public
Iiearing and the Affidavit of Publication.
P�ayor Van Nest inquired if anyone present wished
to be heard. The following responded:
Mr. Gabriel Jabbour, Planning Comr�ission rler*tber,
cor.unented that the consensus of the Planning
Comr.iission was that the gas storage regulations
were too restrictive.
tir. James Cox, 2225 Sixth Avenue North, cor,u*iented
that the storage of gas was too restrictive for
farming purposes.
After all persons present had an opportunity to
be heard, the public hearing was closed at 7: 12 P.M.
r4avor Van Nest announced that now was the time and PUBLIC HEARING
place for the public hearing regarding proposed Gasoline Storage
amendments to the Zoning Code relating to the
storage of gasoline and other flamMable liquids
within the City. City Administrator Benson presented
the Notice of Public Hearing and the Affidavit of
Publication. �
2layor Van Pdest inquired if anyone present wished
to be heard.
i�4r. Alan Olson, City Planner, presented the following
r.iemo to the City Council dated July 18, 1979 , which
states:
After listening to your comments and suggestions,
I have made several rainor changes and additions to
the basic fire code adoptive ordinance. I have also
pulled out those sections which were written as
additions to the basic code for more detailed study
and comments. (Continued)
REGULAR P�iEETIPIG OF THE ORONO COUPdCIL, JULY 24, 1979 Page 2
STATE CODE PUBLIC HEARIPIG
Gasoline Storage
I recommend adoption of the State Fire Code as per (Continued)
the attached second draft. This is a complete code
providing enforcement and educational tools to improve
fire safety in Orono.
ADDITIONS
The State Fire Code provides explicit authority for
riunicipalities to add to or amend the code to better
address local needs, special conditions, special
hazards, and fire protection capabilities. There-
fore, in additon to the basic code, I recomr.►end
additions to our ordinance to regulate flammable
lic�uid storage, LPG storage, and fire�aorks permits.
The following options are presented for discussion
purposes. They will be rewritten into ordinance form
upon Council approval of the level of performance
desired. These provisions can be added to the
basic code upon adoption or at a later date.
F I REt�70 RK S
Ordinance No. 108, adopted in 1969, provides for
fireworks control via permits issued by the Police
Chief. The language is almost exactly the same
as in Fire Code Article 12 except that in the Fire
Code, the Fire Chief issues the permits.
I recommend that the proposed Ordinance repeal
Ordinance No. 108 and amend Fire Code Article 12 ,
Section 12. 102b to continue the issuance of fireworks
permits by the Orono Police Chief, with notice given
to the Fire Chief whenever a permit is issued.
FLAP'Ii'iABLE AND COr'IBUSTIBLE LI�UIDS
The Fire Code provides performance standards for -
storage, handling and use of flamr,iable and combustible
liquids including a wide range of products beyond
just gasoline and fuel oil (oil-based paint, duplicator
fluid, cleaning fluids, etc. ) .
Factors to keep in mind: all flar,imable liquid is
dangerous and must be handled carefully; burning
is extremely rapid; vapors are expiosive; liquids
and vapors flow leading to flashover fire or explosion
of large areas at one time; empty containers are as
much or more hazardous than full containers; the
larger the quantity in one place, the greater the
potential hazard: underground tanks are safer
thai� above ground tanks (vapors, fire impingement,
physical damage) .
(Continued)
REGULAR 1�iEETING OF THE ORONO COUi�ICIL, JULY 24 , 1979 Page 3
The basic Fire Code allows bulk storage, etc, by PUBLIC HFARING
permit in any� district except where prohibited by Gasoline Storage
(local) law. (Continued)
Permits required:
Sec. 15. 103. A person shall obtain a permit for the
following:
l. � Storage, handling or use of Class I flammable
liquids in excess of one gallon in any dwelling
or other place of human habitation; or in excess
of five gallons in any other building or other
occupancy; or in excess of ten gallons outside
of any building: except that no permit shall
be required for the following:
(i) For the storage or use of flamr.table liquids
in the fuel tank of a motor vehicle, aircraft,
motorboat, mobile power plant or mobile heating
plant
(ii) For the storage or use of paints, oils, varnishes
or similar flammable mixtures when such liquids
are stored for maintenance, painting or similar
purposes for a period of not more than 30 days.
2. Storage, handling or use of Class II or III liquids
in excess of 25 gallons in a building; or in excess
o� 300 gallons outside a building except for fuel
oil used in connection with oil burning equipment.
3. Installation and use of equipr,lent and premises for
the storage, handling, use or sale of flamr.lable
or combustible liquids as herein stipulated. The
required permit shall be obtained prior to the
commencement of any work.
The following options are provided for the Council to
decide which level of fire protection is appropriate _
for Orono:
LEVEL 1: Adopt basic code only with no additions:
-No limits on quantity permited in any district
-1�k�,ove ground tanks permitted in all districts
with no setbacks required
-Underground tanks permitted in all districts
with three foot setbacks required
-Portable container quantities not regulated
LEVEL 2: Regulate portable container quantities and
permanent tank setbacks:
(Continued)
REGULAR r'IEETING OF THE ORONO COUNCIL, JULY 24, 1979 Page 4
-Allow above ground or underground tanks PUBLIC HEARING
in all zones with building, property line Gasoline Storage
and lakeshore setbacks specified (as per (Continued)
draft no. 1) .
-Limit quantities in dwellings and/or portable
containers
LEVEL 3: Same as Level 2 except limit quantities in
permanent tanks (perhaps 200 gal. residential
and 1,000 gal. nonslresidential)
LEVEL 4: Prohibit above ground tank storage in commercial
areas and in densely developed residential areas:
a) in any urban residential zone; and/or
b) in any residential lot under one acre
in area
-Regulate setbacks in other zones as in Level 2
LEVEL 5: Same as Level 4 except also prohibit under-
ground storage in urban residential area5
LEVEL 6 : Prohibit above ground storage on any residential
property:
-Allow underground storage on rural residential
property
The special needs of lakeshore boat owners is vexing:
proximity to the lake increases pollution potential
and usually occurs in urbanized areas of the City
where bulk storage risk is greater. I would like
to say that boat fuel needs should be met by the
marinas and perhaps more incentive or control through
marina licensing could indeed require such service.
In the interim, lot size, setback and quantity
regulation appears to be the best answer.
The first draft was written as Level 5 protection.
My continuing recoi*imendation is to adopt Level 4 or
Level 5 protection regulations recognizing the urban-
rural land use division.
BULR PLANTS
The basic Fire Code provides Bulk Plant performance
standards and allows such plants except where prohibited
by (local) law. Orono has one existing non-conforming
bulk plant in Navarre.
I recommend amending the Fire Code to prohibit new
bulk plant construction in Orono.
(Contimued)
REGULAR r1EETING OF THE ORONO COUNCIL, JULY 24 , 1979 Page 5
FUEL DELIVERY PUBLIC HEARING
Gasoline Storage
The basic Fire Code has no provisions regulating (Continued)
commercial delivery of flammables to private
storage tanks. The first draft proposed to prohibit
delivery to illegal or non-conforming tanks thereby
requiring the distributors to be aware of our local
regulations and providing an automatic amortization
of use on existing unsafe or poorly located tanks.
The City would have 18 months to inspect and mark all h
"good" tanks to assure continued supply.
I recommend adoption of this amendr_ient.
LPG STORAGE
The Fire Code provides performance standards for
storage, handling and use of LPG. Permits are
required for installation or maintenance of temporary
containers over 120 gal. capacity and for permanent
installations over 1200 gal. capacity. Location
setbacks are specified for all containers. No
maximum container volume is specified.
The following options are provided for� the Council
to decide which level of fire protection is appro�riate
for Orono (minimum c�uantities not regulated in any
oroposal) :
LEV�L 1: Adopt basic code only with no additions:
-State setbacks would apply depending upon
quantity
-No quantity limitations
LEVEL 2: Adopt maximum quantity lirlitations for urban
residential and comr.iercial zones
LEVEL 3: Adopt maximum quantity lirtitations for all
residential and commercial zones
LEVEL 4 : Prohibit new LPG installations in urban
residential or commercial zones with quantity
limitations in rural zones. This was the
first draft proposal `
LEVEL 5: Prohibit new LPG installations in any zone
My continuing recommendation is to adopt a Level 3 or
Level 4 protection for Orono.
End of inemo
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 24 , 1979 Page 6
Mr. Gabriel Jabbour, Planning Commission member, PUBLIC HEARING
commented that storage of flammable liquids within Gasoline Storage
the density areas should be prohibited. (Continued)
Mayor Van Nest: �9e are concerned with public
safety. We have heard cor.tments from the public
who are concerned that if they are forced to haul
gas back and forth in five gallon cans rather than
storage in qualified tanks, we are creating a
serious hazard. I believe we should be reviewing
setback requireMents when considering amendr.lents
regarding flammable liquid storage.
After all persons present had an opportunity to be
heard, the public hearing was closed at 7: 45 P.M.
Butler r.loved, r4ayor Van Nest seconded, to adopt ORDINANCE NO. 223
Ordinance No. 223, An Ordinance Adding Chapter 19 State Fire Code
To The Orono P�iunicipal Code Regarding Fire Protection,
Fire Prevention And Adopting The Minnesota Uniform
Fire Code With Amendments, And Repealing Ordinance
No. 108. Motion, Ayes (4) - Nays (0) .
Mayor Van Nest moved, Hurr seconded, to add amend-
ments to the fire code prohibiting storage of
flammable liquids 50' from occupied residential
units and 50' from adjacent residential properties.
Discussion followed.
Mayor Van Nest moved, Hurr seconded, to withdraw
the above motion.
Pdassengale moved, Butler seconded, to readopt
the Fireworks Ordinance No. 108. r4otion, Ayes (4) -
Nays (0) .
rsayor Van Nest moved, Butler seconded, to amend
the fire code to prohibit new bulk fuel plant
construction amending Chapter 15. 601. P�iotion, -
Ayes (4) - Nays (0) .
Mayor Van Nest moved, Massengale seconded, to
instruct staff to review other proposed recom-
mendations to amend the fire code. P4otion,
Ayes (4) - 2days (0) .
R�GULAR PiEETIi1G OF THE ORONO COUr1CIL, JULY 24 , 1979 Page 7
City Administratoz Benson administered the Oath OATH OF OFFICE
of Office to Robert J. Fischer, newly appointed Robert J. Fischer
police officer.
Mayor Van Nest moved, Butler seconded, to approve CONSENT AGENDA*
the Consent Agenda* , subject to removing items
#4 and #31, with all staff data and supportive
informa;�ion to be included in the r7inutes in the
sequenc�e they occur. Motion, Ayes (4) - Nays (0) .
Hurr moved, Butler seconded, to approve the MINUTES
P4inutes of the Regular Meeting of July 10, July 10, 1979
1979, as amended. Motion, Ayes (4) - idays (0) .
P4ayor Van Pdest moved, Butler seconded, to approve MINUTES*
the P4inutes of the Joint Council and Planning July 17, 1979
Commission Meeting of July 17, 1979. r'Iotion,
Ayes (4) - Nays (0) .
No comments from the Park Commission. PARK COM1�iISSION
No comr.tents from the Planning Commission. PLANNIPdG COMPiISSION
No comments from the Lake P'iinnetonka Conservation LMCD REPORT
District representative.
Mayor Van Nest moved Hurr seconded, to approve COP�IPREHEPISIVE PLANNING
the letters to Tonka Bay, Orono School District REPORT
No. 278 and Westonka School District rlo. 277,
as amended. Motion, Ayes (4) - Nays (0) .
. t
REGULAR P�iEETING OF THE ORONO COUNCIL, JULY 24 , 1979 Page 8
l�r. Alexander Holzer, 2677 Casco Point Road, was CONDITIONAL USE PERMIT
not present concerning his conditional use perMit. 2677 Casco Point Road
#436
P�layor Van Nest moved, Massengale seconded, to table Alexander Holzer
the request of Mr. Alexander Holzer, 2677 Casco
Point Road, for a conditional use permit until the
next regular Council meeting. P4otion, Ayes (4) -
idays (0) .
�}
P-1r. Alan Olson, City Planner, entered into the SUBDIVISION/P.R.D.
record the request of Iiussr_Zan Investment Company 3660 Shoreline Drive
for a P.R.D, at 3660 Shoreline Drive, dated #447
April 5, 1979 , which states: Hussman Investment Co.
The applicant presents a P.R.D. proposal of 28
units following the standards for the existing
zoning district (LR-1C-1) . The plat road will
service 24 units and four single family units will
be served by Blaine Avenue. The developer feels
this corridor of single family lots ��ill be an
excellent buffer for neighborhood to the east.
[•�e have asked for an additional 15' right-of-way
for Blaine Avenue. The access road is 60 ' wide
at entrance but becomes 50' in approximately 50 ' .
Al1 structures appear to meet the requirerients of
the zoning district. Surveyor has not designated
setbacks for structures. Lot 14 r.iay have a rear
yard setback problem. The four single dwelling
lots (detached dwellings) are not allowed under
this application.
The Park Commission will be asked to review this
project for a possible park site. mhe Navarre
Theatre has surplus playground equiprlent that
could possibly be utilized by the City either in
a park for this development or in a nearby park
site. The playground equipment could be considered
part of a park dedication fee.
Access Road
�ae will recommend that the plat road be considered
a public road because of its location within, the
urban service area. City Engineer will determine
specifications for public road. Staff recommends
a 50' easement instead of usual 60 ' because of
its limited use (railroad to north, wetlands to
west) . The City does not plan an extensive network
of City roads in this area.
Pond
The proposed pond will require a conditional use
permit. There exists an extensive natural drainage
syster:i right to the west and south of the property.
(Continued)
REGULAR DIEETING OF THE ORONO COUNCIL, JULY 24 , 1979 Page 9
Planning Commission bieeting - APril 23, 1979 SUIIDIVISION/P.R.D.
3660 Shoreline Drive
The r.iain concern of the public in attendance was (Continued)
the burden of additional traffic for a County
road that has enough already. The Police Depart-
r.ment' s comr,tents had not been received as yet.
The Hennepin County Highway Department' s report
was reviewed and the following points noted:
�
1. Western access acceptable as proposed
2. If shoulder right-of-way is wide enough,
then a right-turn lane is not necessary
3. Additional 7 ' right-of-way for County Road 15.
The City Engineer' s cor.iments were sur.unarized as
follows:
1. Adequate sewer and water capacity for 27 unit
P.R.D.
2. Drainage and utility easements of 5 ' to be
designated around each lot.
3. Lot grading plans (to include pond) and storm
water retention capacity
4. Drainage easement to west property line is to
be defined and designated for discharge to
neighbor to west (Tonka Toys project) .
Tor_1 Frahm noted that the subject property was
located within 1,000 feet of the lakeshore at
Carman Bay. I?e re:�uests sta.f�f to direct Cit��
Engineer to review the entire drainage area and
the affects this new development would have on the
overburdened drainageway.
Park Dedication Fee
4 single units @ $480 each = $ 1,920
10 duplex units @ $1,200 each = 12 , 000
1 quad unit @ $720 X 4 = 2 , 880
Total Fee $16 , 800
Soils Report Office
Soils are predor.►inately Hayden Loam, a soil well-
drained and never saturated. Soil strength is
adequate. Erosion is a hazard if soil left exposed
for extended periods.
Recomr,iendation
l. Developer should specify provisions for runoff
retention
2. City should require an erosion control plan
(Continued)
REGULl1R DZEETING OF THE OROi10 COUIICIL, JULY 24 , 1979 Page _10
Staff Update - July 2 , 1979 SUBDIVISION/P.R.D.
3660 Shoreline Drive
Staff recommends preliminary approval of the 28 (Continued)
unit P.R.D. proposed by George Hussman based on
the following conditions:
l. Park dedication fee of $16, 800 to be paid to
the City before final approval
2. An escrow fee will be determined upon preliminary
approval `�
3. Upon preliminary approval, subdivider to provide
for City Engineer' s review of detailed plans of
the following:
a) erosion and sedimentation plans
b) lot grading plans
c) stor-r.i water retention plan
d) street plans and profile
e) sewer and water construction plans
4. Subdivider has been advised to obtain the
following permits upon preliminary approval:
a) Iietropolitan Waste Control Cor.unission
b) Hennepin County Highway Department
5. Final plans must designate the following:
a) 7' right-of-way for County Road 15
b) 15 ' of additional right-of-way for Blaine
Avenue
c) western access (60'width) as designated on
preliminary plans dated February 19 , 1979
approved by Hennepin County Highway Department
d) 5' drainage and utility easements to be
designated around each lot.
e) drainage easements to west property line
for discharge to Tonka Toys property
f) plat road 50 ' right-of-way and cul-de-sac
to have 50 ' right-of-way radius.
6. Approve extension of City services - sewer & water
7. Plat road to be public
c
8. Retention pond to be fenced.
9. Landscaping plans to be submitted for staff
review
10. Two hydrants as specified by Mound Fire Chief
Council Meeting - July 24, 1979
The applicant was present to discuss his proPosal.
(Continued)
R�;GULAR MEETItJG OF THE ORONO COUNCIL, JULY 24 , 1979 Page 11
P4ayor Van Nest commented that the City has several SUBDIVISION/P.R.D.
concerns that should be reviewed. These are: 3660 Shoreline Drive
(Continued)
1. Flowage drainage easement
2. Homeowners Association to protect watershed
and pond
3. Adherence to stormwater manager.lent plan
4. Outlot management
5. Move cul-de-sac to accommodate all units
6. 24 units or 12 two-unit townhouses
7. Each unit to have own yard
8. All units to be served internally with internal
street
9. 15' easement on Blaine Avenue
10. All utilities and pond to be installed by developer
11. All assessments to be paid
12. Are we clustering townhouses to preserve open
space or wetlands area?
13. Consider trail ownership and tot lot
Mayor Van Nest moved, Hurr seconded, to table the
subdivision/P.R.D, request of Hussman Investment Co. ,
3660 Shoreline Drive, until the regular meeting of
August 14 , 1979 to allow staff and applicant to
consider these conditions. Motion, Ayes (4) - rdays (0) .
Mr. Alan Olson, City Planner, entered into the record CONDITIOP7AL USE PERMIT
the request for a conditional use permit of Richard 3220 Plavarre Lane
Proudfit for 3220 Navarre Lane, dated r'iarch 5 , 1979 , #459
which states: Richard Proudfit
P4r. Proudfit has asked to file an application seeking
a conditional use permit for his light industrial
use of the property located at 3220 Navarre Lane.
He failed to do so in March, 1976 , when he purchased
the property and has been in violation of the Zoning
Code for the past two years. The applicant states
that he was not aware of the effects of the discontinuance
in the original non-conforming use and has only recent-ly
been made aware of the zoning violation. He claims
his operation has brought only good to the imr.mediate
neighborhood, but the developers of Lafayette Ridge
contend to differ. Staff has explained that an
industrial use of land is not permitted in a residential
district and that once Mr. Watschke' s auto renair
business, a legal non-conforming use, ceased to exist,
then that property could only be for residential use.
Planning Comr.tission Meeting - March 12 , 1979
Planning Commission advised applicant that his application
appears to be in violation of the Zoning Code. It was
suggested that his application should be for rezoning.
(Continued)
REGULAR 2•ZEETING OF THE ORONO COUPICIL, JULY 24 , 1979 Page 12
He was advised to consult with staff concerning CONDITIONAL USE PERMIT
the proper application for his proposed and/or 3220 Navarre Lane
existing use of property at 3220 Navarre Lane. (Continued)
Staff Update - April 17, 1979
Staff inet with Richard Proudfit and his attorney,
Allan T. Quello, rir. Proudfit reviewed the type
of activities conducted on the premises. The
corlpany ca:�ries on a limited production schedule,
preparation of "pre-production" sar.iples and
research and developr.lent activities. The firm
ermPloys five full-time, day time employees and
two employees on a night shift. The night schedule
could run as late as midnight depending on the work
load. There are usually three to four cars on
the premises at one time and the U.P.S. makes
deliveries and pickups during the week.
6de advised the applicant that this kind of activity
could not continue in a residential�p-zoned neighbor-
hood. Not only do the ordinances specifically
prohibit such use, but the size of the lot in
relation to the ar.lbitious activities make it an
impossibility. The lot could never afford the
necessary parking. ^he City could allow the use
as a temporary one. It was agreed that the developer
would be responsible for phasing out the entire
operation by Piay l, 1980. The applicant felt
the decision to be a fair one. Staff advised him
to continue with the conditional use appli�ation
and to submit a current survey of the subject
property.
�taff Update - June 15, 1979
The applicant continues with his original application
of a conditional use permit and in conjunction requests
a temporary occupancy certificate for a non-conforming
use (32. 250) . Staff recommends approval based on the
following findings:
l. Temporary occupancy certificate to expire on May l,
1980
2. Staff responsib�e for setting up a schedule to
review "phase-out" program
3. Limit personnel to existing number: 5 full-time;
2 part-time
4. Parking to rema�.n on east and front side of facility
5. Applicant has improved appearance of site since
occupancy
6. Degree of vandalism has decreased (confirr.ied by police)
7. Ignorance of facts upon purchase of property
(Continued)
R�GULAR 22EETING OF TH� ORONO COUNCIL, JULY 24 , 1979 Page 13
Planning Comr.lission Pleeting - June 25, 1979 CONDITIONAL USE PERMIT
� 3220 Navarre Lane
ille Planning Conr►ission recomr,iends denial of the (Continued)
conditional use permit application based on the
following findings :
1. Area for parking is severely limited for this
operation
2. Existing use is not compatible with a residential
neighborhood �
3. Existing use in violation of the following
ordinances:
a) Ordinance 31. 101 - Pdon-conforr_iing use changed
to another non-conforming use
b) Ordinance 32 .210 - Certificate of Occupancy
required for change of occupancy
c) Ordinance 32 . 250 - Certificate of Occupanc_y
required for non-conforming use
d) Ordinance 34. 520 - Non-residential use prohibited •
in LR-1C District
In addition, the existing use of the building may
be in violation of building and fire safety codes
without structural changes to the building (i.e.
��indows and doors too close to property lines, firewalls
inside, etc. )
Planning Comr.iission recomriends that the applicant be
granted a grace period for cessation of the non-conforming
uses subject to the following:
l. As of May l, 1980, the property riust cease as a
non-residential use. Property to revert to a
residential use only, not office use
2. During grace period, all business activity to be
conducted within the hours of 7: 00 A, l�, to 7: 00 P.M. �
3. Applicant must post a performance bond ($5, 000) in
support of his good faith that he will be out by
t4ay 1, 198�
Zoning Administrator recommends adding the following
for Council consideration:
l. Limit personnel employed to present nur,iber
2. Parking allowed only on the northeast side of �
building and along front line of building
Staff Update - Alan Olson - June 29, 1979
If the existing use is to be phased out as stated by
the applicant and as recommended bv the Planning
Commission, then I concur that the� Council should
deny the use, but stay enforcer.►ent of the denial.
2dote that Planning Cor.unission denied authorization for
the requested office use after tiay, 1980. I recomr.lend
Council make final action by Resolution, to include
agreement sig.nature by the applicant. (ContinueD)
REGULAR t�iEETING OF THE ORONO COUNCIL, JULY 24, 1979 Page 14
Council Meeting - July 24 , 1979 CONDITIONAL USE PERP�IT
� 3220 Navarre Lane
P4r. Allan Quello was present representing PZr. Proudfit(Continued)
Mr. Quello commented that is client, Mr. Proudfit,
will move his operation by P�ay l, 1980 and then the
property can go back to residential uses.
Mayor Van Nest polled the Council asking them:
l. Do we all agree that this proper�y is now being
used as an illegal non-conformin� use? All 5 -
yes.
2. Do we all agree we should end this illegal non-
conforr.iing use now? All 5 - yes
Mayor Van Nest requested staff to determine who is
the fee owner and set for th terms and conditions on
termination of the illegal non-conforning uses of
the property at 3220 *davarre Lane for the next
Council meeting.
t�tayor Van 11est moved, Butler seconded, to table
the conditional use permit request of Richard
Proudfit for 3220 Navarre Lane until �the next
Council meeting. Piotion, Ayes (5) - Nays (0) .
P�'ir. Alan Olson, City Planner, entered into the SUBDIVISION
record the request of Richard Raiche for a sub- 2901 Watertown Road
division for 2901 Watertown Road, dated April 2, #471
1979, which states: Richard Raiche
The proposed four lot division was presented to
the Planning Comr.iission in 1977, receiving pre-
liminary approval on February 14 , 1977 (#222 ,
Sunny Knoll, Ruth 6�Iear Estate) . ihe plans have
not been changed from the original proposal.
Public Infornation P'Ieeting - May 7, 1979
There were no comments from the public. The
appli.cant was advised of the Engineer' s recom-
mendation concerning the paved swale at the
intersection of Watertown and plat road. P•ir.'
Raiche informed the Commission of the difficulty
they were having locating a suitable on-site
septic area for Lot 3. He noted that the road
may have to be relocated if he plans to get four
lots. The Conunission advised this �vould not be a
problem as long as the septic code was satisfied
and the location of the new access approved.
(Continued)
FtEGULAR MEETING OF THE ORONO COUP7CIL, JULY 24 , 1979 Page 15
Staff Update - June 29 , 1979 SUBDIVISION
29U1 Watertown Road �
The septic testing has been completed and reviewed (Continued)
by the Inspector. Mr. Raiche presents a subdivision
of three lots for preliminary approval. Each lot
will require a shallow trench system for the main
drainfield and a mound systeM for the alternate
sites. The Inspector cautions that these sites
Must be preserved because the soils and water table
are critical. Your recomr.iendation should specify �
approval based on the designated drainfield sites
because it is unlikely there is any other suitable
drainfield area on the property. Staff recor.unends
approval of the preliminary plans based on the
following:
1. Preservation of designated drainfield area for
the three lots
2. New access to be reviewed by the Public ��Iorks
Coordinator
3. Plans for new plat road - drainage, etc.
4. Road to be private - City to take the underlying
easement
5. Park dedication fee of $750 ($250 per lot) "
Planning Commission Meeting - July 9, 1979
Mr. Raiche was present. The subdivision is now for
three lots due to septic system restrictions. The
access road will be moved to the west. Plans have
been submitted and are being reviewed by the City
Engineer. Applicant stated he would remove the
existing road concurrent with the construction of
the new access. tir. Raiche was informed that a gravel
road would be acceptable with this plat.
Planning Commission recomr.mended approval of the
preliminary plat contingent on the following:
1. Applicant reach an agreement with the City
Engineer for removing the existing road con-
current with construction of the new road.
2. 21ew road will be pr�ivate road with underlying
easement to the City. Plans (drainage, etc. )
must be approved by the City Engineer and access �
location reviewed by the Public Works Coordinator.
3. Septic drainfield sites must be designated for
all three lots as a basis for approval.
4. Payment of park dedication fee of $750 ($250 per
. lot)
Council Meeting - July 24 , 1979
Pansus inQve�i, I�iassengale seconded, to approve the
subdivision request of Richard i2aiche for 2901
Watertown Road, per the Planning Comrtission recom-
rlendations of July 9 , 1979. Piotion, Ayes (5) - Nays `(0) .
R�GULAR MEETIPIG OF THE OROP10 COUNCIL, JULY 24 , 1979 Page 16
Mr. Alan Olson, City Planner, entered into the VARIANCE
record the Planning Commission recommendations 577 Park Lane
of July 9 , 1979 for a variance request of Gordon #490
Foster, 577 Park Lane, which states: Gordon Foster
Planning Commission recommends approval of the
variance request of Gordon Foster, 577 Park
Lane, for a side yard setback and increase of
hardcover, conditioned upon the addition being
no closer than 10 ' to the detached garage.
Council Pieeting - July 24, 1979
Massengale moved, Butler seconded, to approve the
variance request of Gordon Foster, 577 Park
Lane, per the Planning Commission recor.unendations
of July 9 , 1979. Motion, Ayes (5) - P1ays (0) .
Mr. Alan Olson, City Planner, entered into the BUILDING PLANS
record the request of First Plational Bank of 2465 Shadywood Road
Pdavarre for a building plan review at 2465 Shady- #491
wood Road, dated July 3 , 1979 , which states: First National Bank of
Navarre
Zoning District B-4
Permitted Use - Bank & Office Use
Lot Area: Required - 20 , 000 sq. ft.
Existing - 5. 9 acres
Proposed area for bank site - 1. 433 acres
Lot Width: Required - 100 '
Existing - 202. 05'
Setbacks: Front required: 35' Proposed: 90 '
Rear rec�uired: 35' Proposed: 200'+
Side left required: 15 ' Proposed: 67 '
Side r_ight required: 15 ' Proposed: 75 '
Parking: (200 ' to 1 ratio)
Total floor area - 9 ,600 sq. ft.
,Stalls required: 48
Stalls proposed: 49 + 2 handicap = 51
Entrance: Single entrance, minimtu*i width allowed 26 ' -
Entrance to be approved by Hennenin County
Highway Department
Landscaping: sited on plans dated 6-6-79
Site Grading: No grading must be done within 26 ' of
designated wetlands to the south of
the property. (Continued)
REGULAR MEETIPIG OF THE ORONO COiJP1CIL, JULY 24, 1979 Page 17
Signs: 200 sq. ft. of sign space allowed - BUILDING PLANS
applicant has not specified� signing for 2465 Shadywood Road
property. (Continued)
Drainage Plans: The proposed grading appears to
be the only attempt at directing drainage.
[de will require provisions for runoff
detention. The City Engineer will review
with the applicant.
w
Temporary Erosion Control: bales of hay to be
placed along south line of project to
protect the wetlands from erosion
Special Note: The B-4 zoning district runs 250 '
south from Shadywood Road. The LR-1B zoning
district borders the commercial district to the
south. A portion of the parking lot is �aithin
the LR-1B district. I do not see a problem
except that it should be noted for the record.
The t�iinnehaha Creek ��atershed District and the
Hennepin County Highway Department have received
copies of the plans.
Staff P1ote - July 12 , 1979
Staff called the architect' s office, Pope Associates,
Inc. , to request plans for the runoff detention
and sedimentation and erosion control be sent
directly to Glenn Cook' s office to facilitate a
complete review for Council meeting of �Tuly 24 , 1979.
Hennepin County Highway Department requests the
following:
1. Additional 7' of right-of-way along County
Road 19
2. Access approved but reminds developer that
- proposed shrubs must not obstruct sight
distances
3. A permit will be required for all work done
within County right-of-way.
P4innehaha Creek Watershed District will require
a permit for this project.
Council Meeting - July 24, 1979
Pope Associates Architects reviewed the proposed
plans. The City Council reviewed the following
concerns which were set forth in a motion as
conditions to be r.1et.
(Continued)
REGULAR MEETIrdG OF THE ORONO COU2�ICIL, JULY 24 , 1979 Page 18
l. Conservation easements provided BUILDING PLANS
2. Surface water management plan adherence 2465 Shadywood Road
3. Approved landscaping plan (Continued)
4. Parking can extend beyond zoning line
provided by conditional use permit if
proper plantings are provided
5. Design adequate stormwater facilities
6. Joint road and parking lot connections
considerations
7. Approval of hardcover limitation �
8. Subdivision application
9. Review and approve driveway grade
10. Limit to one curbcut
11. Approved building design
12. Approved location of parking lot
13. All easeraents provided as a condition of
Industrial Revenue Bond Fund approval
Dlayor Van P1est moved, Butler seconded, to give
conceptual approval of building permit for the
First Idational Bank of Navarre, 2465 Shadywood
Road, subject to final review of all conditions
set forth, conditioned that this conceptual
approval does not imply approval of Industrial
Revenue Bonds nor does this motion imply final
approval of building permit. Pdotion, Ayes (5) -
Nays (0) .
Mr. Alan Olson, City Planner, reviewed the status STUBBS BAY PZARINA
of the Stubbs Bay riarina.
Bruce Malkerson, City Attorney, commented that
Mr. rlcCleary is being represented by a ne���
attorney, Mr. Frankman. He has not reviewed
the marina matter and will be requesting the Cit_y
to review with him all the material to date.
Mr. David �Vagsland, 3405 Eastlake Street, commented
on the conditions of the area stating that the r_marina
area is unsafe because of debris, holes left open
and full of water, tall grass and weeds, which
tend to hide the unsafe conditions.
Mr. Peter Meyer, 3404 Eastlake Street, concurred `
that the marina area was not beinq r.maintained
and that the condition of the docks and grounds
creates an unsafe situation.
Mayor Van Nest moved, Butler seconded, to extend
the moratorium until December 31, 1979 based upon
D4r. Frankman' s request to review entire Stubbs
Bay Marina matter and to direct staff to inspect
the area for unsafe conditions as stated by residents
in the area. bsotion, Ayes (5) - Nays (0) .
REGULAR PiEETING OF THE ORONO COUNCIL, JULY 24 , 1979 Page 19
Mayor Van Nest moved, Butler seconded, to adopt ORDINANCE NO. 224
Ordinance No. 224, An Ordinance Extending The Stubbs Bay Area
Duration Of A Moratorium On The Granting Of Moratorium Extended
Building Permits, Land Subdivisions, Rezoning
Applications, Conditional Or Special Use Permits,
Variance Or Other Authority For Additional Develop-
ment In The Stubbs Bay Area Of The City Of Orono.
Motion, Ayes (5) - Nays (0) .
Councilmember Paurus left the Council Chambers
at 10: 40 P.M.
Mayor Van Nest moved, Butler seconded, to table STUBBS BAY riARINA
the Stubbs Bay Marina 1979 license at the request
of the applicant. Motion, Ayes (4) - Nays (0) .
The applicant and legal representative for the NORiH SHORE DRIVE MARIN�
North Shore Drive Marina were not present.
Applicant was to submit survey showing dock
configuration and seawall for staff review before
the Council meeting.
Mayor Van Nest requested staff to submit a letter
to Pir. Bruce Douglas requesting infornation for
staff review.
Mayor Van Nest moved, Butler seconded, to table GAYLES PIARINA
the Gayles A4arina license for 1979 until the next
Council meeting. Applicant was not present.
Mayor Van Nest requested staff to submit a letter
to Mr. Bruce Douglas informing him that action
will be taken at the next Council meeting. P�otion,
Ayes (4) - Nays (0) .
Mr. Michale P. Gaffron, Septic System Inspector, ON-SITE SEPTIC
presented the City Council with the following INSPECTION REPORT
meno, On-Site Inspection Report:
Introduction
My recent inspection of the Minnetonka Bluffs and
Shoreline Drive/West Ferndale Road/Orono Lane
neighborhoods has revealed serious on-site sewage
treatment and disposal problems. Small lot sizes,
severe topography, wetlands, high water table and
tight clay soils are site factors limiting the
reconstruction or replacement of existing septic
systems in these areas. I propose that municipal
sanitary sewer laterals be extended to service the
existing homes to alleviate the problem. (Continued)
REGULAR MEETIiJG OF THE ORONO COUNCIL, JULY 24 , 1979 Page 20
Discussion of Problem ON-SITI: SEPTIC
, � INSPECTION REPORT
'�innetonka IIluf�s - The r4innetonka Bluffs Area is (Continued)
a very old plat with 50 ' X 130' lots. In many
cases, two or more lots have been combined to
form building sites, with these various
combinations, the average existing lot size is
0. 47 acre with a range from 0. 11 acre to 0. 97
acre. The plat contains one designated wetland
and sor.me addit`�onal very small marshy areas.
With the severe topography of the area, adequate
development with on-site sewage treatment is
quite restricted.
Of 22 separate residences (two with additional
ren.tal homes on the property) , 10 or 45� were
found to be discharging untreated septic tank
effluent to the ground surface. Also, the
home on an adjacent two plus acre lot at 1385 Fox
Street was found to have a surface discharge.
Five homes were found to have marginal systems
with drainfield probably below water table,
within or near wetlands, or not meeting the State
required 50' distance from a well. Virtually
none of the existing systems meet Orono' s
minimur.i construction standards for drainfield
sizing and in many cases do not and cannot
meet setbacks or location standards. It appears
all of these are year-round residences.
Soils in the area are generally of a Kilkenny
Loam type, with an expected percolation rate
which would require alternate systems in many
cases. The steep slopes highly limit the
possibilities for use of mound systems. It is
probable that standard drainfields would fail
in these soils (and many have) even if the
drainfields were of a larger size.
The existing surface discharges are a direct
public health hazard in the neighborhood. The
location of existing wells within 50 ' of existing
drainfields is a possible health problem should
well water contamination occur. In addition,
effluent discharging td the surface is undoubtedly
adding nitrates and other nutrients, as well
as microbial contaminants, to surface waters in
the area.
Shoreline Drive/67est Ferndale/Orono Lane - Each
residence involved here has lakeshore on Minnetonka
or on Ferndale P4arsh. Of 32 existing houses or
buildings, only six have a discernable surface
discharge of effluent. However, 16 or 50o have
drainfields which are either below the water table
or closer than the minimum 3' eievation above it.
(Continued)
REGULAR P4EETING OF THE ORONO COUtJCIL, JULY 24 , 1979 Page 21
In addition, three have holding tank systems ON-SITE SEPTIC
which normally must be pumped out two or three " INSPECTION REPORT
times per month. The cost of pur,ipouts may (Continued)
be as much as $1,500-$2 ,000 per year. The
systems which are under water are undoubtedly
adding nutrients and microbial contaninants
to the lake or adjacent wetlands. In most cases,
these systems are in beach sands which allow
free movement of water laterally, or in marsh or
peaty soils. Vahile the amount of wor}c� involved
in proving a definite pollution hazard exists
is extensive, it is generally recognized and
required by most local government sanitary codes
that septic tank effluent must percolate through
3' of dry soil before it enters the water table.
Where a system is in or near the water table, it
is not unusual that the system "works" froM a
disposal standpoint (i.e. the toilets still
flush) , but treatment is inadequate or nonexistent.
It is unlikely we could allow new drainfields to
replace existing ones should visible failure occur
on many of these properties, due to the high water
table and proxiMity to the lake or wetlands. 4�hile
the problem here is not as visibly extensive as in
the Piinnetonka Bluffs Area, there is still a very
high potential for nutrient pollution of the lake.
Shoreline/Windward PZarine Area - This area includes
five hones and two marinas. Two hoMes sit well
above the laYe on two plus acre lots. The remaining
homes and the marinas are built generally less than
5 ' above lake level. Although dye testing gave no
indication of seepage to the lake, it is likely
that drainfields are near or within the water table
and probably not functioning properly.
The VJindward P7arine store building has no sanitation
facilities for public use. The riinnetonka Boat
Works building has two toilets, one of which is
used year round by a caretaker who lives upstairs.
I feel it is necessary to include the marina area
in this project. t��hile no major discernable problem
exists, if any of the existing svstems were to
visibly fail, it is unlikely we could allow an�thing
but holding tanks as a solution.
The two homes above the lake could be included
in the project. However, 1410 Shoreline Drive sits
back quite a distance from the road and has six plus
acres of high and dry land under the same owner.
Any system failure could probably be solved �vith
on-site repairs.
(Continued)
REGULAR ilEETING OF THE ORONO COUNCIL, JULY 24 , 1979 Page 7.2
Table - Following is a list of properties which OP1-SITE SEPTIC
should be included in a sewer project. Lot sizes, INSPECTION REPORT �
system classification and specific comments on (Continued)
each property are included. System classification
was determined by inspection of each property.
Affected Properties List - Pages 23 - 28
Discussion of Alternative Solutions - Comprehensive
Sewer Plan - Orono' s CoMprehensive Sewer Plan q
Phase I: 1977-1990 has designated 15 areas of
past development served by on-site systems. These
areas for the most part are denser than one family
per two acres. The Plan states that future sewage
problems will be solved through:
1. Regulation of future building to what can be
satisfactorily handled by private, on-site
disposal systems
2. Strict enforceraent of municipal ordinances
pertaining to land development and sewage
disposal on present as well as future building
3. Condemnation or redevelopment of problem
properties where feasible
4. In areas adjacent to the Orono-Long Lake
interceptor,installation of municipal lateral
sewers and connection to the interceptor.
Installation of municipal sewer laterals
within these areas will not result in additional
urbanization and, therefore , no rezoning will
be made that would allow any future development
on lots smaller than two acres.
The Comprehensive Sewer Plan goes on to state that
Orono intends to sewer Minnetonka Bluffs and the
Crystal Bay area within three years of cor.lpletion
of the interceptor due to small lot sizes near
the lake. I feel it is imperative that the Shoreline
Drive/West Ferndale/Orono Lane/rZarina area be included.
The legal zoning density for the area has essentially
been reached. The City has allowed people to
build houses with holding tank systems where on-site
facilities were not possible. It is improbable
that repair or replacement of systems to meet
current ordinance reguirements can be accomplished
on r.►any of the lots. Condemnation or redevelopr.ient
of the area is out of the question due to the
high value of lakeshore properties. Installation
of lateral sewer lines appears to be the only
reasonable alternative.
(Continued)
AFFECTED PROPEP' !ES �
. ^ G
r
� �
� SYSTEM LOT , �
�n]�R�SS • CLASS:II�T.C�TZON STZ� S7T� FACTOI�g _ _
_ �
. �
�I�.O 13arre�t l�ve . I.�. , 75 ac , . Steep slopes , we�;lc�nd at Uaso of slopes , very litLle aroa �
for expansion without pump sys�;em ,
1205 Dj.ckenson 5�; . � .Li.S ac , System overflows near property line , vory little room to
� expand wi�hout extensive dis�urUance oi' proper�;y .
1 225 Dj.cicon�on S�L . 2/3 , 60 ac . Some rooTn for expansion . May Ue occasional overflow
from drain!'1oJ.d. •
,. c
12>5 Dicicenson Si� . 2 , 30 ac . Two houses on ono lo� (main and rental ) hoolced to one sn�ol]. =
, drainfield receni;ly repaired . Little or no room to expanc] �
�
if exis L•ing system fails , �
1 Z�)5 Diciconson St , L� , 30 ac . Drainfi.eld in cut area of ti�h�; clay soils . Absolutely no .'
room to expand. Drainfield is 30 ' from well . �
�c
r
1 300 rox St , 2 .1i.5 ac . Drainfield near wotland . Nei�hUors dr. i�:lnfield 35 ' lrom �
wel� and at higher oleva�ion , � �
131� 0 I�ox S� . 2 . 30 ac . Newer sysl;em, undorsized, no room for i'uture expanaion . �
� r
� �
1340 Pox S�L . �. .I_�5 ac . S�;eep slope9 , no room for expansion , ' ;
� 0 I ox St . L , 1 ac . S s�;em dischar es us�; above wet;land , Possibl c�dA uR�e I
3 5 , I� 3 7 Y B � y q
ai�ea and soil.s f or future expansion .
1 j�)0 l�ox S� , � �I-1.5 ac , Steep slopes , wet soils , inadoquate area for exp�nsion .
�UO linnlon Ave . 3 . � 5 ac , Septic L�n1cs under dec)c, drainfield within wotland across
�lley, no room for future expansion .
ro
� ' w
Sys�em Classifications � - meet�s all � current codes 2 - c�o�3 ��ot moo L- nll curren� codos but; is �D
working proporly . W
,
3 - does not mee� current codes and is worlcin�, marginally ,
L� is dischargin� sewage or sept;ic offluont 1;o surfaco or is o�;horwiso
visibl.y failin� , _ _ �
SYSTEM LOT
4DDRESS CLASSIFTC/�TION STZE SITE F. 'ORS �
C
� ----- - ._. ._ -- . �-
5�0 ltan�.on /1ve , 3 ,11 ac , Greywal;er discharged �o surface , no room for expansion , `�
sop�ic tank may no� be funcLion�l , �
-
521 �f�nlon nve � L�. , 60 ac , Drainfield in wet� eoil acro� e alley , oi�ly poseible expanc� ion�
area would require mound sysl;om . �
530 }tanlon Av9 . 3 , 11 ac , S�:eep slopes , no room i'or expansion . � �
537 Hanlon Ave . 3 .L�.S ac , Steep slopes , system on verge of caus3.ng discharge ,
some room for ful;ure expansion , �
,
565 Hanlon Ave . 3 .45 �c . Drainfiel.d near we�;land at�d probably below wa�er tablo . rt
Only possible expansion might be a mound sys�em bu� �
area is marginal at best . �
�
�
539 Keene Ave . 2 , 97 �c . Some slopes , probably enough area� for soma expanaion . �
�
500 Orono Orchard Rd . S . 2 . 90 ac . S�eep slopes , we� soils , minimal area for expansion . �
0
�
. �
5l#.0 Orono Orchard Rd . S . . 60 ac . Slopes , limited expaneion arer� , drainfield dischnrgo �
, caused ice build-up on Barrett Ave . during winter . �
M
55o Orono Orchard Rd. S , 2 . 60 ac , Limited area for fu�;ure expansion . r
570 Orono Orchard Rd. S . D , . 60 ac . Slopes , wet; soils , little or no room for expansi�on . �
�
536 Russell Ave . /n :45 ac . Slopes , wot soils , drainfield discharge� near wel;land . �
1/ Little room for expansion . �
559 Russell Ave . Q .�.0 ac . Two hou�es on one lot (main and rental ) . Drainfield
discharges directly to �.�eLland. Limited area for expan;� iot
, wi1.1 not handle botYi houses .
865 w . Fernd�le Rd . 2/3 � .5 ac . Drainfield is below water ��ble . Had planned to hook up
to Wayzata sewers but are stalled due to co9t and technica]
problems with underwater connection , Drainfield repair is
not feasible , ,
885 w , FerndaJ.e Rd . 2/3 , 7 ac . Drainfield in or near water table . Also planned to hoolc
up �o Wayzata , �'robably not possible to repair drainfiold ,
A
905 W . Ferndale Rd .. 2 3 ac . Severe topography . Drainfield rep�ired � 979 . No expansion
......... ....„ � , „ti.., ,.
� �F SYSTEM LOT •
/IDDRESS ' CLASSIFICATION SIZE SITE FACTORS ' �
96o w. Fern�dale Rd. 2 1 .2 �c , System location unknown . 'Drainfield may be within 75' of
� wetland ,
980 W . Ferndale Rd : 2 1 .2 ac . �� �� �� �� "
101.�5 W . Ferndale Rd. L� ,,4 ac , No Plumbing . Owner uses it as summer home . Owner has order
to remove pit privy and inetall holding tank or other
acceptable system.
1055 W , Ferndale Rd. 1 1 . 0 ac . Holding tank system installed � g76 in new home as per
, city approval . No place �o put drainfield.
� 065 w . Ferndale Rd'. 2 1 . 0 ac , Semi- holding tank gystem: Owner pumps as necessary to
keep it from overflowing into driveway. Limited amount ,
of existing drainfield may be near water table ,
1 070 W . Ferndale, Rd . 2/3 1.,.5 ac , Drainfield is within 15' of wetland and probably at. or
. . below water table .
�
,1095 W. Ferndale Rd . 2/3 .75 ac . Drainfield is in or near wa�er table , .
11 01 W , Fernd�le Rd. 2/3 ,25 ac . " ' " " "
1 1 05 W . Ferndale Rd. 2,�� .5 ac . " " " "
1165 W . Ferndale Rd. 2 . 9 ac . Drainfield is close to water �able .
�
c
1205 Shoreline Drive 2 1 . 0 ac . 2 systems . Drainfield in or near water table and about °�
30 ' from 1ake .
r
. l
1225 Shoreline Drive 1 .7 ac . Holding tanks installed � 978 as per city approval for
new house .
1265 Shoreline Drive 2 ,7 ac . Drainfield within 50 � of lake . Height above water tablo
� about 3 � .
1305 Shoreline Drive 2 . 9 ac , Main house and caretalcer house .
SYSTFNI LOT �
ADDRESS CLASSIFSC1lTZON S2ZE SIT: ACTORS �
c
�
. � �
i 325 5horel.ine Drive 2 ac . ' These 2 homos wore bui1L in 1 973 wit;h drainf ield on tho �
1355 Shorel�.ne Drive 2 ac ,� eas� side of the drivoway at 1325 5horeline , Each home �
has i�s own tanlcs and 1.ift pump which di�aharges to ;
, ' apparontly separate buL ' ad,jacent drainfields . These •
drainfields are curren�ly discharging to the suri'ace �
and flowing over t;he driveway .
� 385 Orono Lane /l� J 1 ,2 ac , Drainfield is at or near water level. . Some discharge to
����� surface , Probably no area i'or�repairs , c
� 367 Orono Lane , .5 ac . House is being redecora�ed, vacant a� present . Systom F
,� 1 oc a t i on unknown , �
n
� 389 Orono Lane 3 �. 1 . 0 ac , During wet periods drainfield surfaces in gravel �
' driveway , . , . �
L
r,
� 395 Orono Lane 3 , 9 ac , Owner claims a sys�em of cesspools exist� near garage �
� and probably under water . �
� 397 Orono Lane . ' 2/3 � , 6 ac , Drainfiel.d is , in or near w�ter table and about L�0 � from7
. lalce . �`
�
,, c
� 399 Orono Lane 2/3 � .25 ac . Drainfield is slightly above water table and about r
, 30 ' from 1.a1ce .
• A
1410 Shoreline Drive 2+ ac . Drainfield discharges to surface within 50 ' of lake.
This property is large enough to accommodate repairs .
1420 Shoreline Drive 4 2+ ac . System was repaired in 1965, i9 now discharging to
. , surface . Severe topography may make repairs expensive .
1 L�32 Shoreline Drive 2 .1 5 ac . System is wit;hin 20 ' of lalce and just above water table .
Dye tested, no surfacin� or seepage observed . a
�
�,, n
1L�l�:p Shoreline Dr . 2/3 , 32 ac. System near lake , just above water table . ' r
A C
1L�1�.2 Shoreline Dr . 2/3 , 17 ac. Sygtem is separate from 1440 Shoreline , is near lake
and just above water table ,
,
' �
C
SYSTEM LOT � �
ADDRESS CLASSIFICATION SIZE SITE FACTOk�
• V
r
, �
141�.1.� Shoreline Dr . -- .09ac Marina building has no plumbing facilities , portable � �
toilet only. �
^ .
1L�1�.9 Shoreline Dr . 3 Marina/boa�workg warehouse . Has two toilets , three sinks ;
cesspool/septic tank to north side of buil ding . System is
. ' marginally functional with drainfield (if it exiats ) under water .
. �
� �
• U
N
h
fD
F-
�
U
b
�
. n
r
� r
a
. �
� 7
� r
. �. ,�
• c
. , r
. ' r
. ro
, o a
. w
m
N
v
�
'L*C� . � 'I M // � j ��J •� � �` � -�'� Jr� _
� I �Y' /
�"�� tV J -�- -= -..
/ � � .....: ;:-
_.._---- ---- ... :�:--
�t g C�'' o� / . Page 28 ��::::_ -::_:;
I � .. ' �.'
� � •� '� .. ..-----;_:
�� �� �� ° . a� _� - . ..._ . .
� — � ' � � / �` - \ �� - - -�1 -_
o � � i , �,� - - , - - ��i�::c:::_ _
a �''' , \\ ��� �� - �_ ::
� r
`�- � � : � - i z
�
��_' � -
.� ..o..� .o • --
�� _�- 'r-_-----�----�
. �-
� `� 0 1
� ,
� �a � COCCvOOD N�IV� flp_
e � v
� ' • i
. l ` ;" j � —`J �4�'-
t ■ . ""'i �t
! � � .�-n•, � - �t
g. � ���-�.
- -J� .=�'�i�'�.,� �,�a"'�. _ '
__"' Ip� 3°.�,�?`�� �
� - s�„1 — . —_ _—_-__ --{��_.-c�.'� t�r•- �
•�_`a�.�r�"=��"Je.-�� ♦
J I �rar:��:���+y . !
�� `��,�� _- "+�= _ 1 r
.. =- — �, - � .
\ �.. - -_ _- _ - 3
� -- ' - ._- _ -
_ - e•��� e., _ �-
�� - / _ � � ' �
� � '•"'�•'
i t.+• — " �
z .i - - — 1
_ / - --- - - ; . �
, , _
• , ,_. i
F'\ � � ,' �r`,� _ '� SHou�D eE SERVF�
� � �
�� � � . - . '
,�, _ .
..e.
°"�` �s�` _ ' _ O A'�'/oNA� _
_. , _ �
_ _ . �� _ _�
, . - - = + ��;
� �� -- s� •" °'' . � - :�s
__ • ( .'- �
- _ � _ <�
_ ,._ ���.
--- o - � . `���
. - =_;�=�:;�s:_.�
�' _ _ - , ����==r�'a=/�—��
- - �.. ...�� ., _. ��;�����:�;:=��.�<
I _ " " . � �W� _
I -��-;=-��" :���
,`�, �--�a�-.:-x� ,
� !__'sx��T z�.="i '�� -
� • ._- ��- _,+,;�
J � ] _ .__ -"?--��-^�-�-�'-�'���3'-'��,- -
}-r='�:- �
� _ - � ' O_" ' Y��O=�Y��_'1'���'Z-j-}'C i� )
��l �'+�..��;- .a!��
r'ii- .
- • � �- '�" "--�"�C'l'=rt �. -.�'
_-`���,�=_�-.�.�.��^--�-�..:,�'
- _ �X- -�_�'��"�-�;� :��"����.
�- ��_ �=� ��� �
. _�.t-- -��.-ir._-�'�=,a.:`_'%�a.,�'�•�.�4;;!1.�'��'�.�_�
�3=`��=��'�`-'+�'�t`�-�'1 i.`t�,..�'�-
. - --c. .'������3�.�,.i, ',
r� r���� >��
� _��.�7a-�«����-Y;-�SS r �
-: - 1-=fS ---''`�`��'d- �,�_ -�`;'T�
��rt'�`� «:. _ ��r"`_.�fio....�����4� �
':�-;�' �->�'�`+:s=-� ' s��"' '.�'•�="`Fs"'.a_-���..�a�
=c �c-=r�`;-�"_ �'a."�-.e�.F� ��
L o 4� M.n n�/o��o --_"-�=;�_�.��.ty=r'����"�r-�',�•-��-'#�E�"T=•-:���"�_'�"���`�-'F,��.
��. bZ-.^g '�"�T Y�_`3��'�r�'` ._��o.� T.�r-���--� �.i�T--
'.�--r'LZ�:y�vt �-s.�J ;��C�-�-'���� -^.�i} �-. �l�����r�-_3�`-�.��...�w
. ,�>-��r-_�_�-4�i1� `i'�+->'�-�yS��, � �{tct�.�=,'�',c�Fi�^r��.��,'1�Ff_'
S x.-f��-�._�� '��s '�.s"�:_�.�..-r.c� _ „y, -t.��a''�---c-
„v�.4�yv��.� �.�-'+.� .� .,��r"� _" -�-.`�.•-��-,��-- �.
r_ Y=,� . ,-�
��.�, a` _�.� =r' . . - - � „�._ c ac�
� - -�Y 4=.J4c-1�-r�i����� �,�T��" J� � . .e���- � _}rL� �
� . i ����P�°ST3N .�"Yy��']�_� �a=-T`�.,yf�s-'T���=�Tj��"f'�N� ���_a'�i��--���. �-a� ._�
�� . -����.�"' � -�. �� �r 'l%��-Y+ic _____�_L-rTP'�._Z -_.J""_-s�-c�, �--�.-ti.ac'-,i-�L�3. -� -`S�
r.T -�� t� J i� '-'?=jf��"'�'bC;�"�Y1�"� ��,?#_'4
_ ' �=-t+r����3. � i� �.Y�,:��Z�T L� ��`•����`�""��'�y��� _ �".'..�-�
� - �^ � .��"�� 'E�- !T�1��-��: "F�%!,�a� �'C!S -:�r..� `SaIsC
-s..�L ' �-���,���._'��r.'r`� rr '�� f�'' "�+��T'Y� �+e-c-..:r_�SS� �6� "--F,'� �'.-i�._`--�..Y �='±
Y � a- � 4 � �.� { T T����•�7� iL�i..�_-a^-"s - 5.�- " --i�a.
'=��'��'� �-�" Y���Yi�Y'C''�$-+�.--y,='r_�`-�%�-�'�`�¢�i-�..��'+���`''������i�-`�~--�_.�-,..�,Gr''��'�e-�-s'.��i"�,r�`�`�.. �'�-_.. 'G��..✓=-'�;���_� .
3c �-- _�-:-�c'. _ � �r. -�x��..� �' -
REGULAR MEETING OF THE ORONO COUNCIL, JULY 24 , 1979 Page 29
Based on my inspections, I would rate the Minnetonka ON-SITE SEPTIC
Bluffs Area our top priority for needing sewer, INSPECTION REPORT
with �1est Ferndale/Shoreline Drive second. (Continued)
Action Needed - I will reiterate that the Minnetonka
Bluffs has severe limitations for septic system
use and half the existing systems are failing
visibly. I feel it isimperative that a sewer
study be commenced at once and lateral sewer lines
be constructed as soon as possible to take care of�,
the problem. The Shoreline Drive/��est Ferndale/
Orono Lane/Marina area should be included in this
project. See attached map.
I would like an indication immediately, if not
sooner, as to the probable timetable for the
project. This is important in determining the
extent of repairs we will require on existing
systems. With the large percentage of failing
systems, repairs should be made which will last
until the sewer can be connected. I would like
a firm commitment to a sewer project and probable
time frame as soon as possible as well as the
Council' s feeling on temporary repairs.
I have been in contact with Duane Anderson of PCA
regarding the possibility of grants for these
projects and will be working with Bruce, Glenn
and you regarding same. �
During my inspections, I have perceived a general
feeling that many of the affected citizens would
welcome a sewer project. My recomr.iendation is
that the Council call for a Public Information
meeting at the earliest possible date and sub-
sequently order an engineering feasibility study.
Council Meeting - July 24 , 1979
A recommendation will �e presented at the next •
Council meeting requesting and scheduling public
information meetings to review P4r. Gaffron' s
report with the affected property owners.
c
Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1057*
Resolution #1057, A Resolution Vacating A Platted Easement Vacation
Utility Easement Across Lot 3, Block 1, Dicon #478
Addition, for L. .T. ��Thalen, 2435 Scotch Pine Lane. 2435 Scotch Pine Lane
AZotion, Ayes (4) - Nays (0) . L. J. Whalen
REGULAR r'IEETIrdG OF THE ORONO COUNCIL, JULY 24, 1979 Page 30
Mr. Glenn Cook, City Engineer, reviewed the status CITY ENGINEER'S REPORT
of the Tanager Lake Bridge, interceptor, Orono
Orchard Road, and the ring route construction.
Mayor Van Nest requested City staff to review the DUTCH ELA4 TREES
City Dutch Elm Program and consider implementing
a street side pickup program, hauling and disposing
of diseased elm trees.
Mayor Van Nest moved, Butler seconded, to approve SALARY ADJUSTMENT*
a salary adjustment for James Gregory, heavy/light James Gregory
equipment operator, to $8. 07 per hour, effective
July 9, 1979 , for heavy equipment operation only.
Motion, Ayes (�) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to approve SALARY ADJUSTMENT*
a salary adjustment for Chris Swaggert, Clerk- Chris Swaggert
Receptionist, to $750 per month, effective
July 9, 1979. P�sotion, Ayes (4 ) - rlays (0) .
Dick Benson, City Administrator, presented the City STATE ACCEPTANCE OF*
Council with a letter from Gordon M. Fay, Minnesota RESOLUTIONS �1030-1032
Department of Transportation, accepting Resolutions MSA Streets
#1031 and #1032, MSA Streets, dated July 2 , 1979 ,
�vhich states:
Order P1o. 63000 - It is hereby ordered that the
revocation of the following r4unicipal State-Aid
Street, or portion thereof, entirely within the
City, as requested by resolution of the Orono �
City Council, dated May 8, 1979 , be and hereby is
approved:
�ortion of Municipal State - Willow Drive from Fox
Aid Street No. 101 Street to Shoreline Drive
It is further ordered that the establishment, location,
designation and numbering of the following r4unicipal
State-Aid Street, or portion thereof, entirely within
the City, as made by a resolution adopted on May 8,
1979 , by the Orono City Council, be and hereby is
approved:
Municipal State Aid St£eet - Fox Street fror�l �7illo�a
No. 105 Drive to South Brown Road
Council D4eeting - July 24, 1979
Mayor Van Nest moved, Butler seconded, to accept the
3bove letter from Gordon Fay, Minnesota Department
of Transportation, dated July 2, 1979 , accepting Orono
Resolutions #1031 and #1032. Motion, Ayes (�4 ) - rdays (0) .
R�GULAR MEETING OF TFiE ORONO COUNCIL, JULY 24, 1979 Page 31
Dick Benson, City Administrator, presented the City P�4JCC INTERCEPTOR &
Council with the following memb, dated July 20, TANA�ER LAKE BRIDGE*
1979 , which states:
The Psetropolitan Waste Control Commission Interceptor
and Tanager Lake bridge are progressing and should
be completed the week of August 6 , 1979. The
contractor has nearly completed construction of the
interceptor on the west side to Tanager bridge and
will start construc +�.i'.on on the east side to Orono
Orchard Road next week.
We are requesting the engineers not to start
construction of the interceptor on Orono Orchard
Road to the Long Lake sewer plant until Hennepin
County #15 and Tanager Lake bridge are open.
There is a tremendous amount of traffic traveling
Orono Orchard Road and sewer construction v�ould only
create extreme hardships for residents and er.lergency
vehicles if County Road #kl5 is not open.
Council Meeting - July 24, •1979
tZayor Van Pdest moved, Butler seconded, to accent the
above memo concerning Tanager Lake bridge and inter-
ceptor construction and to inforr.m the P4etropolitan
Waste Control Cor.mriission that Orono does not approve
of continuing on Orono Orchard Road until Hennepin
County Road #15 is open. r�lotion, Ayes (4) - PJays (0) .
Mayor Van Nest moved, Butler seconded, to approve the ORONO-LONG LAKE POLICE
Police Service Agreement to Long Lake considering the AGREEl4ENT*
following factors: population, assessed valuation,
miles of streets, square miles in the City as a per-
centage to the total cost. The 10% administrative
overhead, and 6o contract charge will continue;
included will be additional charge to the City of
Long Lake for two additional patrolmen �vho will be
assigned to the City on two, eight-hour shifts;
they will be supervised by Orono and will be avail-
able to respond to any emergencj� with the three cities.
Motion, Ayes (4) - Nays (0) .
v
Dick Benson, City Administrator, informed the City CRYSTAL BAY POST OFFICE
Council that the Crystal Bay Post Office is for
sale and that the lease to the Postal Departr.ient
expires iri 1980. The building is an excellent
opportunity for us to complete our original plans
to remain here in Crystal Bay utilizing the available
property and buildings for administration purposes
without causing a bond issue for other administrative
locations.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 24, 1979 Page 32
I have discussed with rZro Kogan the possibility CRYSTAL BAY POST OFFICE*
of purchasing his vacant lot to the south of the (Continued)
�ostal Building, which would allow us a small
�uffer between us and the residential home to
the south. Pdr. Kogan was receptive and we will
continue our discussion.
I would like your approval to negotiate for the
Post Office and also to negotiate with Psr. Kogan
to complete the package. q
Mayor Van Nest moved, Butler seconded, to direct
Lir..Dick Benson, City Administrator, to negotiate
for the purchase of the Crystal Bay Post Office
and also to negotiate with Mr. �:ogan for the
purchase of his property to the south of the Post
Office. Motion, Ayes (4) - Nays (0) .
Mayor Van Nest announced a public in�o�:lation meet- TRAFFIC LIGHT MEETING*
ing at the Orono School on August 27 , 1979 to #12 & Old Crystal Bay Rd.
discuss the traffic light at Highway #12 and Old
Crystal Bay Road.
Mayor Van Nest moved, Butler seconded, to approve TR.ANSFERS*
a transfer of $20, 000 from the Liquor Operating Liquor & Sewer
�'und and $15, 000 from the Sewer Operating Fund to
the General Fund. Motion, Ayes (4 ) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to approve TRANSFER*
a transfer of $6 ,360. 75 from the Federal Revenue Rev�nue Sharing
Sharing Fund to the General Fund. Motion, Ayes (4 ) -
Nays (0) .
Mayor Van Nest rloved, Butler seconded, to approve DEPOSITORY*
the First idational Bank of Wayzata as an official First National/Wayzata
depasitory for City investments. P4otion, Ayes (4 ) -
Nays (0) .
Mayor Van Nest moved, Butler seconded, to accept SUMM�IRY OF RECEIPTS;etc.
the Summary of Receipts, Disbursements, & Balances May, 1979*
for t�say, 1979. AZotion, Ayes (4 ) - Nays (0) .
Mayor Van Pdest moved, Butler seconded, to accept SUMI�4ARY OF RECEIPTS* ,etc.
the Summary of Receipts, Disbursements, & Balances Year to Date
for five months ending May 31, 1979. Diotion,
Ayes (4 ) - Nays (0) .
,
REGULAR riEETING OF THE ORONO COUNCIL, JULY 24 , 1979 Page 33
Mayor Van Nest moved, Butler seconded, to accept INVESTPZENTS REPORT*
the report oonoerning the City of Orono investments June 30 , 1979 �
is of June 30, 1979. Motion, Ayes (4 ) - Nays (0) .
City Administrator Dick Benson reviewed with the
City Council Revenue Sharing Public Iiearing dates.
Mayor Van Nest moved, Butler seconded, to hold PUBLIC HEARING DATES*
public hearings on 6�lednesday, August 29 , 1979 Revenuq Sharing
and Tuesday, September 11, 1979 , regarding Federal
Revenue Sharing Funds. Motion, Ayes (4 ) - Nays (Oj .
Dick Benson, City AdiTtinistrator, presented the GOLF COURSE PURCHASE*
following memo from John Gerhardson, Public Works Toro 70 Tee Mower
Coordinator, dated July 16, 1979 , which states:
The Orono Golf Course owns and operates a Toro
70 "Tee" mower. For the past two years, it has
required an excessive amount of repair. We had
hoped to keep it in running order for the 1979
season and budget for replacement in 1980 , but in
the last two weeks ,the engine has frozen and I do
not feel it is advisable to completely overhaul
the engine when the rest of the machine is going
to need a great deal of repair.
Ron Steffenhagen has field tested two other brands
of "Tee" mowers and has determined that the Toro 70
is best suited for our needs for the following
reasons:
l. Jacobsen makes a "Tee" mower but is too big
a machine for our small tees. $4 , 000
2. Hann also makes a "Tee" mower but the machine
is too large and requires several adjustments
of the cutting height to operate on our small
"tees" . $7,500
For 1979 , $3,500 was budgeted for replacing the
Cushman Truckster. But with the circumstances
with the Toro 70 Tee mower, it is my recomr_idation
to purchase a Toro 70 mower.
Toro has a Tee r.iower that will suit our needs that
sells for $2 ,500 and we can buy it for $2 , 150.
The Golf Course has made one capital outlay expenditure
in 1979 that being a rotary mower for $300.
Council Meeting - July 24 , 1979
Mayor Van Nest moved, Butler seconded, to approve
the purchase of a Toro "Tee" mower for $2 ,150.
Motion, Ayes (4) - Nays (0) .
REGULAR MEETING OF THE ORONO COUNCIL, JULY 24, 1979 Page 34
Dick Benson, City Administrator, presented the SPECIAL APPROPRIATION*
City Council with a memo from John Gerhardson Golf Course �
Public Works Coordinator, dated July 18, 1979 , Septic System
which states:
At the end of the 1978 golfing season, we experienced
problems with the septic system at the Orono Golf
Course.
It was determined that the system is of such an '�
age and size that it is no longer adequate for
the amount of use at the present time.
Therefore, at the direction of Orono Septic
System Inspector, P-Sike Gaffron, we have received
bids for a new system as per the necessary require-
nents.
1. Jerry Johnson Excavating - $2 ,480
2. Widmer Bros. , Inc. - $2, 195
Therefore, it is my recommendation to award the
bid to Widmer Bros. , Inc. to install a new
septic system at the Orono Golf Course as per code
requirements in the amount not to exceed $2 ,195.
In the 1979 golf course budget, $4,000 was budgeted
for equipment purchase of which $2 ,495 has been spent.
This leaves a balance in the capital outlay of $1,490
that could be applied to the installation of the
septic system. That would mean that $700 would have
to be paid by special appropriati�ns fron the
contingency fund.
Council Meeting - July 24 , 1979
Mayor Van Nest moved, Butler seconded, to approve
a special appropriation of $700 for the Orono
Golf Course septic system replacement. r4otion,
Ayes (4) - Nays (0) . -
Mayor Van Nest moved, Butler seconded, to approve ARCOLA BRIDGE*
the attached letter to Commissioner E. F. Robb, Jr.
dated July 16, 1979, concerning the 1980 closing of '
the Arcola Bridge. P�otion, Ayes (4 ) - Nays (0) .
Letter - Pages 3� & 36
t�Iayor Van Nest moved, Butler seconded, to appoint APPOINTMENT*
Mr. Alan Olson, City Planner,as a representative Alan Olson
from Orono to participate in preparing a twenty-year Solid Waste Disposal
Solid Waste Disposal Plan. Motion, Ayes (4 ) -
Nays (0) .
TelFphune 473-7357
�-� Page 35
�f ; �_ T
,'!� - � - C�T�' oi� ���i� O
Post Office Box 66•Crystal Bay, Minnesota 55323•h9unicipal Offices
��'1/ .
On the 1Vorth Shore of Lake 1llinnetonka
:�.%'
�.:�.�.►��
• �1
July 16 , 1979
Commissioner E. F. Robb, Jr.
Hennepin County Board of Commissioners
Hennepin County Government Center
Pdinneapolis , 2�Iinnesota 55487
Dear Bud:
I am in receipt of your letter of July 11, 1979. I appreciate
your input concerning the Arcola Bridge repairs, which we have
been informed will be closed during 1980.
�his spring , we were informed by Hennepin County that the reason
Orono was not rec�uested to aPprove the closing of the Coffee and
Ploerenberg bridges for repairs �vas that these two particular
bridges were not being re wnstructed but were only to be closed
for repairs and did not require Orono' s approval, even though
these closings i*►eant an extreme hardship and inconvenience to
the public.
On May 8, 1975 ,_ the Orono City Council requested coordin ation of
all projects within the City and also requested Hennepin County
to submit to us all plans for approval when a bridge is to be
closed or repaired and not to program two bridges within one
- construction year. �
June 26 , 1979 Orono received a letter from Hennepin County comment-
ing that projects considered to be of a routine maintenance nature
will not be presented to the City Council for approval.
c
These are the inconsistencies that cause us grave concerns. We feel
that Orono should have the right of approval of a project regardless
of the nature of construction or repair �ahen the construction or
repairs cause any type of detour or closing. It appears that this
prdc�dure would be in the best interest of Hennepin County , Orono ,
and our residents and commuters in expediting safe traffic r.iover.ients
throughout the area.
Page 36
Commissioner E. F. Robb, Jr.
July 16 , 1979
P ag e 2
I would appreciate any comments you mi�ht have in this matter
and I will be available to discuss this at your convenience.
Sincerely ,
G t�%%�.- -r�-rt�n.�
Walt . Benson
Cit Administrator
cc: Art J. Lee, Associate County Administrator, Bureau of
Public Service
_ �
REGULAR P�lEETING OF THE ORONO COUNCIL, JULY 24, 1979 Page 37
City Attorney Bruce A4alkerson informed the City ORONO-MEDINA SE6�ER
Council that the Orono-Medina Sewer Agreement � AGREEMENT
will be presented to them at the next Council
meeting.
i•Sayor Van Nest rloved, Butler seconded, to approve LICENSES*
the following licenses: r'Iotion, Ayes (4 ) -
2days (0) .
�.4
Loren Brown Plumbing - Plumber & Sewer Hookup
Stant Plumbing & Heating - Plumber & Sewer Hookup
Mayor Van Nest moved, Butler seconded, that the BILLS*
All Funds Accounts 7852 through 7895 , 19745
throuc�h 10748, 3983 through 4048, 11679 through
11683 and Liquor Store Accounts 13172 through
13189, be paid. P4otion, Ayes (4) - Nays (0) .
Butler moved, Massengale seconded, that the ADJOURNrSENT
meeting be adjourned at 11: 35 Po M. Motion,
Ayes (5) - Nays (0) .
�/�
4Jilliar.l B. Van Nest, Mayor
Attest: /!� '��
Walter R. n, City A ' nistrator
t