HomeMy WebLinkAbout05-23-1977 Council Minutes • t
� � . ��, CITY OF ORONO
� Regular Meeting of the Orono Council, 7 :02 P.M.
May 23, 1977
•
• 1'he Orono Council met on the above date with the
following members present: Mayor Van Nest,
� Councilmembers Butler, Paurus, and Welsh. Absent:
Councilmember Massengale. Also present: City
� Administrator Benson, Building & Zoning Administrator
Muhich, City Attorney D�alkerson, and City Engineer
� Frank.
�
• Butler moved, Paurus seconded, to approve the MINUTES
Minutes of the Continued rieeting of April 27, .
` 1977, as amended. A�otion, Ayes (4) - Nays (0) .
�
Mr. Walter Lathrop, Park Commission Chairman, BIKE/HIKE TRAILS PLAN
• informed the City Council that the Park Commission
• by vote is recommending to the Council that the
City drop from the Joint Trails Study and
� develop Oror�o' s own local bike/hike trails plan,
developing a time schedule, working with the
� Bike/Hike Committ.ee, as a total planning process.
This will eliminate unneeded duplication at this
• time.
� '�aurus moved, Welsh seconded, to approve the
• �ecommendation of Walter Lathrop, Park
Commission Chairman, to withdraw from the
� Joint Trails Study and develop Orono' s own
Bike/Hike Trail Plan. r�otion, Ayes (4) - Nays (0) .
•
� Councilman Norman Paurus commented on the Lake LAKE USE COMMITTEE
Use Committee.
�
� Henry Muhich, Building & Zoning Administrator, DREDGING
� read into the record the following memo dated
May 19, 1977 regarding Dredging--Sensitive Issue
� for Discussion Before Adopting Policies:
• I am enclosing a copy of the DNR approval of
• some proposed dredging by North Shore Drive
Marina.
� After receiving this on May 18, 1977. I
a became quite concerned with the fact that
Mr. Hork had already obtained approval of the
� dredging without even submitting a proposal
• to the City.
� (Continued)
�
�
�
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• , RFGULA� MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 2
� I called Ron Harnack of the DNR to inform him DREDGING
of our current moratorium on dredging and our (Continued)
� concern of the effects on the lake and adjacent
property owners. I also expressed my concern
• with their procedures of granting approval with-
• out first consulting us. I feel better decisions
can be made through cooperation of all agencies.
� Standards, policies, and procedures should be
agreed upon by all agencies. .
� - .
His reply was questioning the City' s authority
• of regulating and enforcing rules on the lake.
� I informed him the Council was considering
• discussing the dredging issue at their meeting
of May 23 , 1977, and requested he attend the
� meeting for any input he might have. He agreed
to be present, but requested this issue be put
� on the ac�enda as early as possible.
• I called John Holmquist of the Minnehaha Creek
• Watershed District requesting he attend the
meeting also. He agreed he would prefer being
� placed earlier on the agenda.
� Council Meeting - May 23 , 1977
� PZayor Van Nest asked Mr. Ron Harnach what
• procedures are being followed by the DNR in
granting dredging permits and what is allowable.
� Mr. Harnack replied that applications that are
generated from previous applications for main-
� tenance dredging are acted on immediately.
Information might be solicited from the cities.
� They should be aware of where spoils are to be
placed. Marina applications are reviewed very
• carefully. All new applications are checked ,
• very closely. If there is what we feel to be
abnormal dredging or excavation of the lake
� or wetlands, the permit will probably not be
granted. Mr. Harnack, also, commented that the
� DNR has developed uniform standards and require-
ments for dredging. r4arina problems are unique
� and should be studied closely to control wet
storage facilities and the impact on the lake.
• �
• Mayor Van Nest asked if the City could request
the DNR to delay the granting of a dredging
� permit for North Shore Marina to allow for
City review and also, other agency review.
�
The City of Orono was not aware of North
� Shore 2darina' s intent to dredge until the
application or letter was mailed from the DNR.
•
• Mr. Harnack replied that the DNR would delay
the permit for North Shore Marina to allow the
� City of Orono time to review the rlatter.
•
� '
• ,RE�ULAR� MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 3
� Henry Muhich, Building & Zoning Administrator, JOINT DOCK USE
informed the City Council that on May 11, 1977, 500 North Arm Drive
� �e received application for a joint use dock #200
�roposal from Victoria Grain Company, 500 North Victoria Grain Company
� Arm Drive. Approval of such a multiple use
• dock will be subject to Chapter 74 of the Orono
Municipal Code including the annual licensing
� provisions therein, as well as any conditions
imposed as part of the subdivision proceedings.
� Copies of the proposal have been sent to the City
Engineer, the LMCD, and the DNR for their comments.
�
Planning Commission Meeting - May 16 , 1977
�
• Presented proposal for a dock and walkway
extending from the center of the subdivision to
� the channel, then along the side of the channel
to a dock and slip area in the main lake. The
� Planning Commission was not in favor_of the
entire walkway extending along side the channel
• which they thought would lead to docking and
• channel congestion. They did agree with the
applicant that it would be acceptable to have
� no more than 50 feet of loading dock on the
channel if the remainder of the walkway was
� setback at least 10 feet from the channel edge.
� The Planning Commission recommended approval of
.hat concept with 6 slips on the lake (to become
� 7 slips if the outlot is ever combined with the
� exception lot) subject to Orono joint use dock
licensing regulations and other agency approval.
� Expressly noted that the loading area is not for
permanent mooring, that there is no determination
� of the channel navigability and that location of
the loading area is for the applicant' s convenience
� only,without granting any permanent right of
• access (dredging) to the loading area. Also
recommended granting a variance to our Wetlands
� Ordinance for the construction of the dock.
� -
. Council P�Ieeting - May 23, 1977
` Mr. John Hacking, representing the Victoria Grain
Company, asked for Council approval of the proposal.
� Mr. John Sjostrom challenged the legality of_ the
channel as it exists today stating that it was
• originally dredged without a permit.
� Welsh moved, Mayor Van Nest seconded, to allow the
. dock to be constructed from the center of the
� outlot to the channel and a T for a loading plat-
form and a 10 ' setback from channel edge. Motion,
Ayes (2) - Nays (2) . Motion failed.
• (Continued)
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REGULAR MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 4
� . �
• Butler moved, Paurus seconded, to rec�uest the JOINT DOCK USE
City Attorney to prepare a resolution for the 500 North Arm Drive
! June 13, 1977 Council meeting granting prelirtinary (Continued)
�pproval to the preliminary plat, and preliminary
� approval for the construction of one dock structure
across a marsh to the channel within Outlot B,
� all other portions of said dock to be at least 20 '
• from edge of existing channel for Victoria Grain
Company, 500 North Arrn Driv�. Motion, Ayes (3) -
� Nays (1) . Councilmember Welsh Nay.
�
Henry Muhich, Building & Zoning Administrator, NORTH SHORE MARINA
• read into the record that at the Council meeting #235
• of May 9, 1977, the City Council tried to negotiate Larry Hork
with P4r. Hork and his attorney. They could not
� agree on a reasonable boat limit. The applicant
suggested site to be large enough for 300 boats.
� The Council was not receptive. I��r. Hork and the
attorney threatened to disregard Council directives ,
� and continue with proposed project.
� Later during the meeting, a director from the DNR,
• after completing a presentation on proposed trail
uses and projected improvements, commended the
� City Council for action taken on marina proposal.
Expressed respect for decision by Council.
•
�lan Olson, Assistant Building & Zoning Adminis-
� trator, is scheduled to meet with P�r. Hork at
. 11: 00 A. M, on May 10, 1977, to discuss proposal
and negotiations.
� Alan Olson' s memo dated May 18, 1977 :
�
State Building Code provisions "apply to the
� construction, alteration, moving, demolition, ,
repair and use of any building or structure
� within the City" . Structure is defined as
� "that which is built or constructed, an edifice of
building of any kind, or any piece of work
� artificially built up or composed of parts
joined together in some definite manner" .
�
Orono Zoning Code provisions apply to "anything
• constructed or erected, the use of which requires
• a location on, below, or above the ground, or
attached to something having a location on the
' ground" . The B-2 zone restricts outside storage
structures of 15 ft. high (35. 130 (i) and requires
� a side setback of 10 ft. (35. 162) , or in this
applicable case, 50 ft. side setback to a
� residential lot (35. 172) . These same restrictions
�re contained in the Orono Municipal Code Section
73. 060 (13) . (Continued)
�
�
•
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REGULAR MEETING OF THE ORONO COUNCIL, MAY 23 , 1977 Page S
� , , •
The boat racks for this property were proposed NORTH SHORE DRIVE MARIN�
� to be 18 ft. high (plus an optional roof) . This (Continued)
height would require a variance to Section
�35. 150 (i) . If the height were to be reduced to
� 15 ft. or less, the structure would still have to
meet the yard setback requirements.
•
The Inspector met with Mr. Hork on site May 10,
• 1977, to appraise the relative merits of various
• proposed rack locations.
� Proposed Location No. l: along the eas�t property
line between the cabin and the office. Setback to
� residential lot line would be approximately
25-30 feet requiring. a variance to 35. 172 of
* 20-25 feet. This location has the advantage of
• the best developed screening consisting of the
existing buildings and the thick line of trees
� and brush along the property line. This location
is probably best in terms of the least visibility
� from the road, the lake and the adjoining property.
� Proposed Location No. 2 : running west from the
existing access drive. This location requires a
� small amount of grading to level the site but
• has the advantage of being at the base of a rather
steep hill covered with trees and brush. Though
close to the road, screening would be good as is,
�nd could be improved with the addition of thicker,
� low-growth shrubbery. This location is furthest
from the lake, but is open for visibility from
• both east and west adjacent properties. No setback
variances required.
�
• Proposed Location No. 3: set in the center of the
existing parking area. This would require no
� grading but extensive new landscaping would be
necessary to screen the racks from the road, the
� lake and the adjoining properties. No setback
variances required.
�
• Proposed Location No. 4 : set east of the access
road between the cabin and the highway (or drive-
� way to the adjacent house) . This site would
require a setback variance per location #l, and
� is completely devoid of any existing screening.
The only advantage of this site is its remoteness
� from the lake. Extensive new screening would be
necessary to avoid visual blight on the adjoining
� property.
� Council Meeting - May 23, 1977
� No one was present from the North Shore P�arina,
�although they were notified of the Council meeting.
Mr. Herman Renner, 3180 North Shore Drive, complained '
� about noise from the marina area. (Continued)
�
�
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� • R�GULAR MEETING OF THE ORONO COUNCIL, MAY 23 , 1977 Page 6
� Welsh Moved, Butler seconded, to table the request NORTH SHORE DRIVE MARIN
of North Shore Drive Marina, 3220 North Shore Drive, (Continued)
�until the meeting of June 13, 1977. Motion,
. Ayes (4) - Nays (0) .
� Fienry P�uhich, Building & Zoning Administrator, SUBDIVISION
� read into the record the following request of 2732 Caroline Avenue
Bruce Kobs, 2732 Caroline Avenue, for a sub- #239
� division: Bruce Kobs
� Mr. Kobs is the owner of Lots 2 & 3 of Carman' s
• Bay Addition. Each lot now exceeds the minimum
lot area and width requirements.
� He is now requesting approval for a lot rearrange-
� ment. The new proposal does not increase the
number of lots. It only reduces the size of one
• lot and increases the other. The smaller lot
. would still meet the required 1/2 acre area and .
100 ' lot width requirements. The larger parcel is
. about 57, 000 sq. ft. in area and exceeds the 100 '
lot width. This second parcel is actually large
� enough to split again at some future date.
However, if this were to occur, additional
� utility assessments and park fees would have to
be collected.
� The lot rearrangement proposed would be subject to .
� a park dedication fee of $2 , 000 for the two lots,
� $1, 000 for Tract A and $1, 000 for Tract B. The
current raw land value of the two lots is $48 , 400.
�
A public hearing will have to be held for this
� proposal. A public hearing was scheduled for
. April 18, 1977 at 7: 30 P.M.
+ Planning Commission Meeting - April 18 , 1977
� Planning Commission recommended preliminary
approval on the basis that the subdivision meets
� all the necessary requirements and with the under-
standing that if the bigger lot was divided again,
� only the lakeshore lot would have assessments.
• Subject to park dedication fee.
� Council Meeting - April 25, 1977
� Approved preliminary plat subject to park dedication
fee and understanding that any future addition
� proposed in the future would result in only one
lakeshore lot as existing shoreline lacks required
� width for two 100 ' lots.
� Planning Commission Meeting - May 16 , 1977
� Recommended approval subject to conditions set forth
� at April 18 , 1977 meeting. No change in submittal. (Continued)
•
�
. REGULAR� MEETING OF THE ORONO �OUNCIL, MAY 23, 1977 Page 7
� Welsh moved, Butler seconded, to adopt Resolution RESOLUTION #784
#784, A Resolution Approving The Registered Lan� RLS - Bruce Kobs
�urvey # , for Bruce Kobs , 2732 Caroline 2732 Caroline Avenue
venue. Motion, Ayes (4) - Nays (0) . (Continued)
•
� Henry Muhich, Building & Zoning Administrator, RIPRAP & SEAWALL
� read into the record the following memo Walter' s Port Lagoon
concerning Walter' s Port Improvement & Maintenance #245
� Association, Walter' s Port Lagoon, dated May 9 ,
1977:
�
Council Meeting - May 9, 1977
�
• Approved dredging of lagoon and channel with
instructions to provide protection against
S spoils seeping into lake proper through the
mouth of channel. Also approved metal seawall
� for east shoreline of channel and lagoon and riprap
of north shoreline of lagoon. Deferred action on
� shoreline protection as proposed for west wall
• because several members of association did not
agree with proposal as submitted. Council also
� concerned with proposed west wall protection
because of necessity for use of City right of
� ways for anchoring seawall. Conflicts with
City regulations for use of public lands for
�rivate improvements and benefit.
� T�e City Council directed the City Engineer
• continue reviewing proposal and report back with
most logical solution.
� Letter from Greg Frank, City Engineer, dated
� May 16 , 1977:
� On April 12, 1977, I met with Pdr. & Mrs. Arthur
� S. Ellis, Mr. Dick DeGregery, and Mr. H.R. Hartman
to discuss the subject dredging and riprap/seawall
• application for the west side of the lagoon.
� During the discussion, three basic proposals were
offered for the improvement and maintenance of
� the west lagoon wall. They were as follows:
� A. Construct an aluminum seawall: On April 18,
• 1977, we discussed our concerns relative to
this proposal. Mr. Hartman has since had pH
� and electrical resistivity measurements taken
and presented me the results. Based on these
� tests, the seawall should not experience
corrosion. However, we still have concerns
� regarding the structural stability of the design
� and would recommend that (1) soil borings be
taken to determine earth pressures, and (2) detailed
• structural design information be submitted to verify
the adequacy of sheeting length and anchors. (Continued)
�
�
�
REGULAR MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 8
� ` ` �
. If this alternative is selected, the anchors will RIPRAP & SEAWALL
not to be located on City property. Walter' s Port Lagoon
�. RiPraP, If riprapping is undertaken, we (Continued)
� recommend that a maximum slope of 2 : 1 be
used. Ripranping will require the removal of
� the existing seawall, and will also eliminate
• a portion of the marsh area on the west side
of the lagoon.
� C. Repair existing seawall. Portions of the
� existing seawall are in poor structural
condition, but it would appear that the wall
� can be renovated. Some deadmen anchors will
• need to be replaced and all of these are
located on the City' s property. Portions of
� the wall will need replacement and in a few
locations, this will only involve the replace-
� ment of waters.
� Our understanding is that any improvement must be
satisfactory to all members of Walter' s Port �
� Improvement and Maintenance Association. At the
• � ime at which the members have a definite proposal,
� would request that we have an opportunity to
� �view the specific details.
� ,nd of letter
� Henry P-�uhich, Building & Zoning Administrator,
• also introduced Mr. Robert DeGregory' s letter
dated May 12, 1977, which states:
� Since serious questions remain unanswered among
� members of the jaalter' s Port Association regarding
allocation of costs, extent and type of repairs to
+ be done on the lagoon, I, therefore, withdraw my
consent as indicated in the enclosed certificate
� of approval submitted to the Council.
� More importantly it appears that members of the
i association may have exercised powers not avail-
able to them as stipulated in the protective
� covenants of the Walter' s Port Associaton.
� End of ].etter
� Council Meeting - May 23, 1977
� Mr. Rudy Hartman stated:
� That we are not tied to any one way of repair on
� the west wall, be it timber, aluminum seawall or
�iprap, but that we be subject on any of these 3
n the advise of City engineering and Council
approval of what can and what cannot be done in
� the opinion of the Council.
+ End of letter (Continued)
�
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REGULAR MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 9
� � ' �
• Council Meeting - May 23, 1977 RIPRAP & SEAWALL
Walter' s Port Lagoon
� Mayor Van Nest moved, Paurus seconded, to table, (Continued)
�or lack of information, the request for riprap
� and seawall for Walter' s Port Lagoon Assoication
until the meeting of June 13, 1977. Motion,
� Ayes (4) - Nays (0) .
�
• Henry Muhich, Building & Zoning Administrator, VARIANCE
read into the record the following information 4799 Tonka View Lane
� regarding a variance for Virgil Doerfler, 4799 #249
"onka View Lane: _ Virgil Doerfler
�
�orman Jerdee is the property owner of record on
� ,ots 8, 9, & 10. Mr. Doerfler is evidently
• considering purchase of the property.
� Mr. Doerfler is requesting a lot area variance
for combination of Lots 8, 9, & 10 as one build-
� ing site. The lot meets the width requirement
if the house faces Tonka View �ane. This
� district is zoned one acre (43, 560 sq. ft. ) with
• 140 ' lot width requirement.
• This lot exceeds the 140' lot width, but consists
of only about 20,000 sq. ft. It is, therefore,
about 23,500 sq. ft, short of the required area.
� It has, however, been assessed as a building site
on our sewer assessments. Each lot has been
� assessed the proper lateral charge plus 1/3 unit
• charge. The total of 3 X 1/3 units equals 1 unit
charge of $1, 270. 20. Once again, the tube in
� the ground determines our zoning.
� We have another problem in this area, however.
Mrs. Lucille Olson lives at 4784 North Shore
� Drive. Her property consists of Lots 7, 8 and
• part of Lot 9 of Block 3. If we ever approve
Lot 6 & 7 of Block 2 as a building site, we will
eliminate the only safe access to her property
� on North Shore Drive. It seems she has been
� using an illegal access through Lot 6 of Block 2
to Tonka View Lane for access onto North Shore
� Drive. Her only other access onto North Shore
Drive would be very hazardous because of the
� blind curve on County Road #19.
� I do not think we should ever approve Lots 6 & 7,
� Block 2, as a building site, however. P�ir. Evan
Jones owns Lots 6 & 7. I believe that originally
S these two lots were assessed for past units of the
�ewer assessment. He more recently had these unit
harges dropped so now the records indicate no
unit charges on Mr. Evan' s property. The records
� do not indicate when this came about. (Continued)
�
�
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REGULAR MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 10
� Lots 1-5 , Block 2 are owned by Waconia Homes. VARIANCE
All of these lots were assessed the proper lateral 4799 Tonka View Lane
� charge. Origirially each lot (1-5) was assessed (Continued)
2/5 unit charge each for $508. 00 per lot. This
� would have given them two full unit charges for
the five lots for two buildable sites. Later
� the City, at the request of Waconia Homes, adjusted
. the unit charges to 1/5 unit ($254. 00) per lot.
The total unit charges for the five lots would be
� only one unit for only one building site. Once
again, I have not been able to find any records
� as to when this happened.
� Since the unit charges on Lots 6 & 7 have been
• abated, I wonder if we could not in some way
provide access to the Lucille Olson property
� from Tonka View Lane and add the remainder
of Lots 6 & 7 to the Doerfler and 69aconia Homes
� properties.
� Planning Commission Meeting - May 2, 1977
Mr. Doerfler was present. Planning Commission
. indicated objection to request as proposal would
result in another extremely substandard site on
� Lots 6 & 7. Suggested applicant attempt purchas-
ing Lots 6 & 7 to combine with Lots 8, 9, & 10
as one building site. Lots 6 & 7 would be tax
forfeited sometime in June.
�
• An attorney representing Waconia Homes (owner of
Lots 1-5) arrived later. Indicated �9aconia Homes
� interest in purchasing Lots 6 & 7 to combine with
Lots 1-5 as two building sites. Planning Commission
� indicated their Preference of utilizing the entire
block (Lots 1-10) as two building sites only,
� regardless of what lot rearrangement was negotiated.
� The Planning Commission also informed the Doerflers
• and Waconia Homes representative their desire for
prospective owner of Lots 6 & 7 provide access
easement to Lucille Olson property on County Road
#19 to eliminate hazardous approach onto County
� Road.
� Staff - May 6, 1977
� Phone conversation and letter to Gordon Ramm of
� Hennepin County regarding tax delinquent status
of Lots 6 & 7. He informed me Lots 6 & 7 would
� be delinquent as of June 27, 1977. The previous
owner has the first right to repurchase. The
lots would not go up for sale to the public until
� sometime in January 1978. The City has the first
right to purchase.
�
(Continued)
�
�
, REGULA� MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 11
� Planning Commission Meeting - May 16 , 1977 VARIANCE
4799 Tonka View Lane
Two representatives presented a newly executed (Continued)
��urchase agreement for adjacent Lots 6 & 7.
They agreed to combine all five lots (6-10) into
. one building site granting an access easement to
Lucille Olson of 4784 North Shore Drive. The
Planning Commission commended the applicant
for their cooperation and compliance and recom-
� mended approval of any needed lot area variance
conditioned upon combination and provided the
� proposed building will meet all setbacks. All
five lots contain about 34, 500 sq. ft. requiring
� an area variance of 9 ,000 sq. ft.
� Staff - May 17, 1977
Call from Zaaconia Homes indicating that they
� have first right of refusal on the above purchase
agreement.
�
. Council Meeting - May 23, 19777
. '�7ayor Van Nest moved, Paurus seconded, to approve
he variance request of Virgil Doerfler, 4799 Tonka
�'iew Lane, subject to:
* 1. Lots 6 & 7 combined with Lots 8, 9, & 10.
2. Provide access easement to Olson property.
3. As per the Planning Commission recommendation
• of May 16 , 1977.
Motion, Ayes (4) - Nays (0) .
Henry Muhich, Building & Zoning Administrator, VARIANCE
� read into the record the following concerning 4735 Tonka View Lane
. a variance request of T. Kenneth Rud, 4735 Tonka #253
View Lane, dated May 2, 1977: T. Kenneth Rud
�r. Ru� was nresent. Planning Commission discussed
proposal as work session item. Indicated some
ob�ection. Suggested combination of four lots as
� one building site similar to adjoining property.
If combined, City would consider waiving balance
of one sewer assessment.
� Planning Commission Meeting - May 16, 1977
Planning Commission discussed proposal with applicant
� and his attorney. Motion passed to recommend denial
of variance to build on either parcel. The availability
of commonly owned adjacent land would mean that grant-
ing of the variance request would be, in effect,
granting of a non-conforming, substandard lot
division. The Planning Commission also recommended
waiving $2, 388 of unpaid sewer assessments if all
four lots (2 parcels) are combined as one building
site meeting the zoning requirements. (Continued)
� '
, REGUL�R MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 12
Council Meeting - May 23, 1977 VARIANCE
4735 Tonka View Lane
Mr. Rud' s attorney, Mr. Haglund, stated that these
lots were assessed for lateral sewers and storm (Continued)
sewers and should be allowed as buildable lots.
t Mr. Henry Muhich commented that other lots in the
area have been combined to meet present zoning
requirements. These lots could also be comhined
as they are now.
�
Butler moved, Welsh seconded, to table the request
for a variance of T. Kenneth Rud, 4735 Tonka View
Lane, until the meeting of June 13, 1977, for
further staff review. rsotion, Ayes (4) - Nays (0) .
Henry Muhich, Building & Zoning Administrator, VARIANCE
read into the record the following memo concern- 22 Shadywood Road
ing the request of Robert Johnson for a variance #254
at 22__ Shadywood Road, dated April 27, 1977: Robert Johnson
Tir. Johnson is considering this lot as a building site. The records indicate
Marie R'aldusky �s the fee owner of the property (Parcel 8200) . The adjacent lot
(Parcel 8000) is also owned by Marie }4aldus]ry, This v�as originally one parcel
(Lot 33 . I haven't been able to find any records as to when Lot 3 k�as split, but
� this district k�as zoned 1/2 acre as far back as 1967. The entire Lot 3 before
being split was only 100' k�ide with an area of only 19,345 sq. ft. Even this
area lacks 2,435 sq, ft, of ineeting the 1/2 acre requirement.
I did not require a survey for this proposal. I waived this requirement subject
to Planning CcQrvnission and Council action becau.se of the cost. I explained to �
Mr. Johnson the difficulty .in obtaining a variance as this was originally one
lot an d also under one owner before either of our last two zoning ordinances went
into effect.
� Special assessment status of the two parcels: Plat 43620 Parcels 8000 and 8200
� Levy Total Annual Years Paid .
No. Assessed Payments Paid To Date Balance
S Parcel 8000
Sewer Plant 3299 Nr�ne None
Interceptor 3302 20.90 1.39 12 16.68 4.22
� $110/acre
.19 acres
Lateral
50' @ $8/ft. 3307 400.00 26.67 12 320.00 79.96
Water A4ain 5383 870.00 58.00 6 348,00 522.00
SO' @ $5.80
� • per ft.
+
1 Unit (�arge
of $580
� (Continued)
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,REGULAR MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 13
VARIANCE
22 Shadywood Road
�! (Continued)
Levy Total Annual Years Paid
No. Assessed Payments Paid To Date Balance
Parcel 8200
Sewer Plant 3299 225.00 15.00 12 180.00 45.00
Error - This should have been charged to Parcel 8000 because
� existing house is on Parcel 8000 not Parcel 8200
a Interceptor 3302 24.00 1.61 12 19.30 4.90
�110/acre
.22 acr�es
La te ral
SO' @ $8/ft. 3307 400.00 26_67 12 320.04 79.96
Ylater Main
SO' @ $5.80 5383 290.00 19.33 6 115.98 174,02
per foot �
�t N�e None
Planning Commission Meeting - May 16 , 1977
Applicant advised Planning Commission that the
fee owner of Parcel 8200, with whom he has a
purchase agreement, is also the fee owner of
adjacent developed Parcel 8000 and had been
owner of both lots in common prior to 1967.
Because neither lot meets the zoning require-
ments, Planning Commission recommended denial
due to the availability of adjacent land and the
desire not to effect a non-conforming substandard
lot division.
� Council Meeting - May 23, 1977
Welsh moved, Butler seconded, to deny the
variance request of Robert Johnson, 22 Shady-
wood Road, as recommended by the Planning
� Commission Minutes of May 16, 1977 and direct
staff to draft a resolution for Council review
at the June 13, 1977 Council meeting. Motion,
Ayes (4) - Nays (0) .
Henry Muhich, Building & Zoning Administrator, SUBDIVISION
read into the record the request of John Burger, 3700 Bayside Road
3700 Bayside Road, for a subdivision, dated #255
April 27, 1977: John Burger
�John Burger, 3700 Bayside Road, is requesting
to subdivide 10+ acres into two lots exceeding
five acres of dry, buildable land each.
(Corit inued)
�
, REGUL,AR MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 14
This is in the RR-lA zone - five acre minimum SUBDIVISION
area. One lot contains a house. We can use the 3700 Bayside Road
� simpler procedure on this if we accept the (Continued)
irregular lot lines and the variance from the 300
ft. lot width requirement at the location of the
s existing dwelling. The existing dwelling location
does not meet setback requirements.
I have sent copies of the proposal to the County,
the City Staff including the Administrator,
Attorney, Engineer, Finance Director, and Public
Works Department for review, reports and recom-
i mendations to include in the proposal if necessary.
A park dedication fee of $500 would be fort�coming
upon final approval ($250/lot) . A public hearing
will be scheduled for Pday 16 , 1977 at 7: 30 P.M.
* Planning Commission Meeting - May 16 , 1977
� Comments heard from applicant and neighbor,
� Hazel Anderson. Concerned with continuation of
existing access easement for Mrs. Anderson
across south edge of Burger' s proposed west lot.
Concerned with proposed easement through east lot
so west lot has access between portions split by
wetlands. Mr.Burger stated that irregular lot
configuration is due to having designed and
located his proposed dwelling prior to deciding
where the lot would be split. Mr. Burger also
stated that he would like to use one or more of
his existing lots on and under Stubbs Bay for
lake access and dockage for the proposed lot.
He says that he now has one dock here for the
existing house.
� Recommended approval of the proposed division
(preliminary) because each parcel would meet
the five acre dry buildable minimum zoning
requirement and that the variances for the
existing house location and east lot width are
justified by the existing lot contours and
� improvement locations, subject to payment of a
park dedication fee. The Council should address
' the riparian right to these lots.
Council I�eeting - May 23, 1977
Mayor Van Nest moved, Paurus seconded, to approve
the preliminary subdivision request of John Burger,
3700 Bayside Road, subject to:
l. Two acre zone line moved to east border line.
� 2. Conservation easement south edge of west lot.
3. Easement to lots to the west.
4. Proposed lot not considered riparian to the lake.
5. Park dedication fee being paid.
6. Title opinion to the City.
Motion, Ayes (4) - Nays (0) .
� '
• , REGULAR MEETING OF THE ORONO COUNCIL, MAY 23 , 1977 Page 15
� Henry rsuhich, Building & Zoning Administrator, VARIANCE
read into the record the following request of 1350 Vine Place
yStephen Nicholson, 1350 Vine Place, for a
variance, dated April 27, 1977:
�
� Stephen Nicholson, 1350 Vine Place, requests a
variance from lot area and width requirements.
� This district is zoned LR-1B (one acre - 140'
width) .
�
The application indicates the area of this
� existing lot to be approximately 1/2 acre. I
calculate this area to be about 23, 000 sq. ft.
� (slightly more than half an acre) . The width
� of the lot at the location of the proposed
addition is 60 ' .
�
The variances necessary would be about 1/2 acre
� on the area and 80' on the width.
• Planning Commission Meeting - May 16 , 1977
� The Planning Commission recommended approval
! of lot area and width variance based on the
lot configuration hardships and subject to no
S setback variances required.
� Welsh moved, Butler seconded, to approve the
�request of Stephen Nicholson, 1350 Vine Place,
for a variance, per the Planning Commission
� Minutes of May 16 , 1977. Motion, Ayes (4) -
Nays (0) .
• �
� Henry r4uhich, Building & Zoning Administrator, VARIANCE
read into the record the following request of 3445 Shoreline Drive
� Christy Realty, 3445 Shoreline Drive, for a #257
• variance, dated April 27, 1977: Christy Realty
� Christy Realty is requesting to replace
existing 3 ' X 6 ' Keaveny Drug sign with
� 3' X 8 ' 6" Christy Realty sign on existing
pylon located in front of the building
• previously occupied by Keaveny Drug.
� The required setback is 10 ' . The existing
� pylon is only 2 ' 4" from the edge of the County
right of way, County Road #15. The proposed
� sign is 8' 6" wide. Therefore, it would be
extending over the edge of the right of way
� when erected on the existing pylon. Mcst of
the existing signs on this strip extend over the
� right-of-way line, I believe. No one here has
ver submitted a survey indicating location of
sign pylons in reference to the lot line. (Continued)
�
�
�
� REGULAR MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Pa e 16
� ' 9
Planning Commission Meeting - May 16, 1977 VARIANCE
•
Discussed sign location and recommended approval 3445 Shoreline Drive
�sub 'ect to the (Continued)
7 property owner and the sign owner
� cosigning a deed restriction to the effect that
should the City or the County ever request moving
� of thP sign farther from the highway right of way
that such moving would be done at the
� owner' s expense.
� Mr. Muhich also introduced a letter from Mr.Christy
� dated May 17, 1977, which states:
* Regarding my application for a sign location
variance. My company has a five year lease on
� the property formerly occupied by Keaveny Drug.
� It is my understanding that the existing pole
� for my proposed sign is 35 ' 4" from the midline
of County Road 15, and that your new ordinance
� calls for a setback of approximately 44 ' (in
anticipation of County action to widen #15) .
•
We agree that, upon notification by the Village
� of Orono that the County is proceeding with the
widening of #15, we will promptly move both
� sign and pole to conform with the setback
requirements.
nd of letter -
Council Meeting - May 23, 1977
� Butler moved, Welsh seconded, to approve the
� request of Christy Realty, 3445 Shoreline Drive,
for a sign location variance, per the Planning
� Commission minutes of Pday 16 , 1977. Motion,
Ayes (4) - Nays (0) .
•
i
� Henry Muhich, Building & Zoning Administrator, VARIANCE �
read into the record the following concerning 3425 Shoreline Drive
� a variance request of Keaveny Drug, 3425 Shore- #264
• line Drive, dated May 11, 1977: Keaveny Drug
� Mr. Keaveny is requesting approval of sign area
exceeding 100' maximum permitted in a B-3 zone.
w
Mr. Keaveny is considering utilizing the existing
� sign area which was previously used for sign
purposes by Super Valu. He is not increasing
• the area. He is only changing the message.
�There would be 12 letters. Each letter square
�would consi�t of 20 sq. ft. for a total of 240 sq.
�. He would also replace the current 4' X 8 '
gn on the existing sign bulletin from the
present message to "Eagle Drug Store" . The total
�area of the two signs is 272 sq. ft. A variance �
•of 172 sq. ft. would be required for apFroval. f
(Continued) �
�
� I
� �
• REGULAR MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 17
� Planning Commission Meeting - May 16 , 1977 VARIANCE
3425 Shore�ine Drive
�Recorimended approval due to the existing building (Continued)
design, and the improved appearance from the
• previous sign existing at this location.
� Council Meeting - May 23, 1977
+ Mayor Van Nest moved, Butler seconded, to approve
� the variance re�uest of Keaveny Drug, 3425 Shore-
line Drive, per the Planning Commission minutes
� of May 16 , 1977. Motion, Ayes (4) - Nays (0) .
i
� Henry Muhich, Building & Zoning Administrator, VARIANCE
read into the record the following variance 185 Bederwood
� request of Randy Fredrickson, 185 Bederwood, #268
dated May 11, 1977: Randy Fredrickson
f
Randy Fredrickson, 185 Bederwood, is requesting _
� a variance to permit addition of three bedrooms
and an enlarged living room bay to an existing
� home. The contractor applied for a permit without
� a survey. He was informed that a survey was
required and a variance appeared likely. He
S returned with a variance application May 10, 1977,
and within an hour a subcontractor had called for
a footing inspection. Inspection was refused
and a STOP WORK ORDER was placed on the project.
The excavation was already completed at that time
• with no permit having been issued. Should the
variance be approved, the building permit will
� be subject to the double fee penalty.
� Variances required: �
� 34.352 LR-lA Zone
� Lot Area: Required - 2 acres; existing - 28,000 sq. ft.; variance - 68$
� � Lot ��Tidth: Required - 200' ; existing - 120' ; variance - 40$
Rear Setback: Required - 50'; existing - 20' ; variance - 60$
� Front Setback: Required - SO' ; existing to property line - 65' ; conforming
• existing to road�,�ay - 50' ; confoiming
proposed to property line - 60' ; confoiming
� proposed to road�+�ay - 40' ; variance - 20�
Ha n�ships: no additional land available: travelled access road nms through this lot.
• �
S Planning Commission P�eeting - May 16, 1977
� The Planning Commission approved on work session
• because of hardships and that addition would not
require setback variances and because owner
�presented letter of approval from adjoining
neighbors. All neighbors will be notified
� by City prior to Council meeting. The Commission
did question the functioning of the septic system.
� (Continued)
•
• •
• REGULAR i�1EETING OF THE ORONO COUNCIL, AZAY 23, 1977 Page 18
� ApPlicant said system was working without VARIANCE
problems, but that he had no idea what kind of 185 Bederwood
�system it is. (Continued)
• Henry Muhich, also, introduced P4r. Victor E.
• Norton' s, 3580 Bayside Road, letter, dated
May 23, 1977, which states:
` Thank you for a copy of the May 23, 1977 agenda
f sent to the above address calling our attention
to items 12 & 16. We would like to comment on
� item 16 relative to permit #268 for Randy
Fredickson, 185 Bederwood.
t
� 3580 Bayside Road is immediately west of 185
Bederwood. The over flow is just a few feet
� east of our property line. In some instances ,
drainage from it has run across our property.
�
Could some proviso be issued to alleviate this
i problem? Prior tenants have resorted to frequent
pumping and limited use. Perhaps the capacity
� of the system could be increased.
� We would appreciate a correction of the problem.
�
End of letter
Council Meeting - May 23, 19777
• Mayor Van Nest moved, �•�elsh seconded, to table
the variance request of Randy Frederickson, 185
� Bederwood, until June 13, 1977,for further staff
review. Motion, Ayes (4) - Nays (0) .
i
� Henry Muhich, Building & Zoning Administrator, TAX FORFEIT PROPERTY
read into the record the following request of 3473 Livingston Avenue
` Albin Peterson, 3473 Livingston Avenue, for �
• consideration of purchasing adjoining tax
forfeiture vacant half lot, dated May 11, 1977:
i Mr. Peterson lives at 3473 Livingston Avenue. He
� owns Lot 9 and the west half of Lot 8. They
are combined as Parcel 4235. He is currently
� paying off the assessments on Lot 9. An unpaid
, water assessment balance of $608. 95 is yet du�
on the lot currently occupied by his house.
� P1o�a, Mr. Peterson is considering purchasing the
� east half of Lot 8 from the County Forfeiture
Land Department. The purchase price is $537. 35
r which includes $212 . 55 for the cost of the
sewer assessments. (Continued)
�
�
�
� '
REGULAR MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 19
a � � �
• The City can add another $145 . 00 due on the water TAX FORFEITURE PROPERTY
assessment. However, Mr. Peterson is not willing 3473 Livingston Avenue
� to pay this additional $145. 00. �ae can forgive (Continued)
this $145. 00 and eliminate another small vacant
� parcel of untaxed land. My recommendation would
be to waive the $145. 00 and get this back on the
• tax rolls. We would also eliminate another sub-
• standard lot and possible future headache.
� If approved, we should require combination of lots.
� Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #789
Resolution #789, ��7ater Assessment Deleted From Delete Water Assessment
� Assessment Roll. Motion, Ayes (4) - Nays (0) .
� -
� Henry Muhich, Building & Zoning Administrator,
+ informed the City Council that the City Attorney
had sent a letter to Mr. Gary Phleger, Attorney
� for Warren Ortenblad, dated Pday 17, 1977, which
states :
M
� Enclosed please find the resolution of denial
in the Ortenblad matter which will be reviewed
� by the City Council of Orono at the next meeting.
Enclosed also please find a copy of Section 31. 200
of the Orono Zoning Code, which provision was in
effect prior to and at all times when your client
purchased Tract E and Parcel 810.
� As I stated to you on the phone previously, it
� is perfectly clear that the nrovisions of Section
31. 200 as they have existed at least since 1967,
� are applicable to your client' s property and
therefore, Tract E is unbuildable. Obviously,
� your client should have checked with the Zoning
Code restrictions in 1969 when he sold Tract E
� to someone else thereby leaving him with one
• lot that did not meet the requirements of the
Zoning Code.
� End of letter
� Council Meeting - May 23, 19777
�
Butler moved, Paurus seconded, to adopt Resolution RESOLUTION #785
� #785, A Resolution Denying Lot Width Variance 1865 Shadywood Road
• For ��arren Ortenblad For Property Located At �9arren Ortenblad
1865 Shadywood Road (Tract E Of RLS #624) . r4otion,
+ Ayes (4) - Nays (0) .
� Resolution #785 - Pages 20, 21, & 22
�
�
�
� , ' .
Page 20
� � ' �
� �
� Resolution No. 7g5
•
, RESOLUTION DENYING LOT WIDTH VARIANCE
FOR WARREN ORTENBLAD FOR PROPERTY
'� LOCATED AT 1865 SHADYWOOD ROAD
; (TRACT E OF RLS # 624)
� WHEREAS , 4�arren Ortenblad is the owner of property
� located at 1865 Shadywood Road, Orono, Minnesota, and has
applied for a lot width variance, and
�
WHEREAS, the Planning Commission has reviewed the
� application for the variance for lot width and has recom-
mended denial of same, and
�
S WHEREAS, the City Staff has reviewed the application
and has recommended denial of same, and
i
WHEREAS, the City Council has reviewed the Planning
� Commission recommendation, the City Staff recommendation and
the comments related thereto by rir. Ortenblad and the City
'� Staff at a council meeting of April 11, 1977,
NOW, THEP.EFORE, the City Council of the City of Orono
makes the following findings of fact:
� 1. Tract E is only 90 feet in width.
� 2. The Zoning Code requires a minimum lot width of
� 100 feet.
� 3 . Tract E has not been assessed for a sewer unit.
� 4 . There is only 13, 000 square feet of dry buildable
land on Tract E and the minimum lot area requirernent for a lot
� in that use district is 21, 780 square feet.
` 5. Tract E and Parcel 810 (which parcel is adjacent to
� Tract E) were both owned by the D & J Corporation and/or by
Warren Ortenblad as late as 1969.
i
6. In 1969, Warren Ortenblad and/or D & J Corporation
� sold Parcel 810 to another individual.
i 7 . Parcel 810 is already occupied by a house and was
� occupied by a house prior to 1969, and is substandard since
it is only 78 feet wide and has an area of only 9, 719 square
� feet.
�
�
i
•
� �
� .
Page 21
� 8 . Tract E and Parcel 810 were under common ownership
� as of 1967, 1969, and as of January 1, 1975, both lots are
recorded as being under the common ownership of 4v'arren
� Ortenblad.
� 9 . Tract E and Parcel 810 together consist of approx-
imately one-half acre of dry buildable land.
�
� 10. As of 1967 and until January l, 1975, Section 31 . 200
of the Zoning Coae provided as follows:
•
"Existinc�lots. A lot of record existing upon September
� 14, 1967 ( the effective date of the Zoning Code) under
single separate ownership in an "R" Residential District,
� which does not meet the requirements of the Zoning Code
� as to area or width may be utilized for a single family
detached dwelling purpose provided that in the judgment
� of the council such use does not adversely affect the
public health or safety. Single separate ownerships � �
� include joint ownerships by not more than two persons . "
� 11. Therefore, as of 1969, when Plarren Ortenblad sold
S Parcel 810, both Parcel 810 and Tract E were under common
ownership and were not under single separate ownership and
� since both lots were substandard taken individually, both
lots were unbuildable pursuant to the Zoning Code. If Warren
� Ortenblad had retained ownership of Parcel 810, then Parcel
810 and Tract E together would meet the requirements of the
w then existing Zoning Code.
! 12. On January 1, 1975, the Zoning Code of the City
� or Orono was amended and language similar to Section 31 , 200
above was included therein, which language applied only to
r existing lots which, because of that zoning change, placed
in new use districts with new lot area and width requirements.
• Tract E and Parcel 810 were not so changed and therefore were
subject to the lot of record and single separate ownership
� restriction as set forth above in Section 31. 200.
� '
13. The applicant has failed to show any unique hard-
� ship to justify any variance from the provisions of the Zoning
Code. There are other substandard lots throughout the city
� which have been combined in the past pursuant to Section 31. 200
or language similar thereto.
�
� 14 . The variance is denied in order to prevent the
creation of the public harm of congested streets, lack of
� adequate parking, and lack of open space in the area which
would result if these substandard lots were developed as two
� separate lots in violation of the Orono Zoning Code.
�
�
�
�
�
s �
� � � � Page 22
•
� 15 . Section 31 . 200 et. seq, of the Orono Zoning Code
requires that the variance be denied.
r
16 . These two lots, Tract E and Parcel 810, have been
� , taxed in the past as though they were just one building site
and not as though they were two building sites.
•
� 17 . Tract E has been erroneously assessed for one water
assessment unit in the past which water assessment unit is
� hereby abated since Tract E is not a buildable lot.
� Adopted by the City Council of the City of Orono, Minnesota
at a regular meeting held May 23, 1977, by a vote of 4 ayes
f and 0 nays.
�
, ,
� .
�z�
r Ydilliam B . Van Nest, Mayor
�
• ATTEST:
�
� �
Walte en on,
� Clerk/ . inistrator
�
�
�
�
�
�
�
� '
�
r '
�
�
�
�
�
�
•
� '
� RE�GULAR MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 23
� Henry Muhich, Building & Zoning Administrator, ZONING VARIANCE
read into the record zoning variance procedures PRC7CEDURES
�s follows:
� Staff is recommending a revision of the procedure
+ for reviewing zoning variance applications.
Proposed is a multi-level chain of authority
� designed to reduce delays for the applicant, to
reduce Council and Planning Commission time
� involvement on what have become routine matters
so their time can be better spent on policy
� questions, and to reduce staff time and cost
• involved in memo preparation. The proposal
utilizes established Council policy and
� professional staff judgment, yet retains checks
and balances for citizen rights.
�
Recommended is the establishment of a Zoning
• Variance Board of Review to consist of two
• Planning Commission rlembers or one Planning .
Commission and one Council member. The Review
� Board will meet when requested by the Zoning
Administrator at times convenient to the members.
� No established meeting schedule is contemplated.
� l. The Zoning Administrator will act on variances
for single family residential use which meet
� one of the following criteria:
� a. Proposal is for an addition to an existing
� residential building (not exceeding 500
of the existing building valuation) which
� requires variance for lot area, lot width
and/or yard setback to the existing build-
• ing. Yard setback variance for the addition
• considered, only if it will not further
reduce an existing substandard yard (31. 410) .
�, Not considered will be variances for lake-
shore and wetlands requirements or cases
� where the lot would be more than 30$ covered
with structures.
�
b. Proposal is for new construction on a pre-
• existing lot of record in any residential
, zone where the lot meets or exceeds 80�
of the required lot area or lot width. No
� other variances would be considered.
�, c. Applicants may request in writing appeal
of any Zoning Administrator decision to
� the Review Board, or the Zoning Administrator
+ may require review of any application by
� the Board.
(Continued)
�
�
�
� '
� •REGULAR MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 24
� 2. The Review Board will act on all appeals from ZONING VARIANCE
Zoning Administrator decisions and on all PROCEDURES
� other residential variance requests (except (Continued)
' lakeshore and wetlands requirements) . Applicants
may request, in writing, appeal of any Review
;� Board decision to the Planning Comr►ission, or
the Board may require review of any application
S by the Planning Commission.
� 3. The Planning Commission will review all appeals
a from the Review Board and will continue to
review all variances for lakeshore and wetlands
a requirements and for all multi-family, commercial
and industrial proposals. As now, all Planning
, Commission recommendations will go to the
Council for final action.
�
4. Plotice of any variances acted upon by the
� Zoning Administrator or the Review Board will
• be sent to the Planning Commission and the
Council for their information.
� P�ayor Van Nest moved, Paurus seconded, to give
� conceptual approval of the Zoning Variances
Procedures and to appoint Councilmember P�ary
� Butler as a member of a two-member Review Roard (other
• member from the Planning Commission) to determine
�nd review procedures with staff for final Council
� _eview. 1�4otion, Ayes (4) - Nays (0) .
•
The City Council was informed that the Platting PLATTIrdG ORDINANCE
� Ordinance was being retyped and would be avail-
able for the June 13, 1977 Council meeting.
�
� Henry Muhich, Building & Zoning Administrator, REVISED FEE SCHEDULE
i read into the record proposed fee schedule
revisions, as follows :
•
Staff recommends that the fee schedule established
� for review and administration of applicant-originated
projects be updated to more clearly reflect the
� costs incurred by the City staff and consultants
� engaged in enforcing the City' s codes and
ordinances. In addition, it is recommended that
� the revised schedule be adopted in resolution
form so as to be easily amended in the future.
•
All the ordinance revisions now in draft form
� refer to separately established fees, rather
! than specific dollar amounts rigidly written
into obscure corners of each separate ordinance.
�stablishment of this type of schedule will require
an ordinance to amend all the existing sections
� specifying separate fees.
(Continued)
�
�
�
i . R�GULAR MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 25
� Mayor Van Nest moved, Butler seconded, to instruct REVISED FEE SCHEDULE
staff to prepare an ordinance for the June 13, (Continued)
�1977 Council meeting. concerning the revised fee � ,
schedule. Motion, Ayes (4) - Nays (0) .
�
S Henry Muhich, Building & Zoning Administrator, STATUS REPORTS
informed the City Council that the following
� items were being reviewed by the Planning
Commission for Council action at a later date:
� Jack Rhode, 1410 Bohn' s Point Road, variance;
North Star Marina, 3324 North Shore Drive,
a conditional use permit & riprap; Gayle' s
i Marina, 3366 North Shore Drive, waiting for
revised planting plan; John Gullickson, 920
� Forest Arms Lane, subdivision; Hamilton Moran, �
2967 Casco Point Road, variance; Don Gustafson,
� 2683 North Shore Drive, conditional use permit &
wetlands variance; 315 East Grant Corporation,
• 1200 Old Crystal Bay Road; Sheldon Jacobs,
2640 North Shore Drive, subdivision; Paul Mason,
� 722 Tonkawa Road, riprap; George Schultz, 1442
� Park Drive, variance;Harlan Strong, 3120 Sixth
Avenue North, conditional use permit; Crosstown
� Properties , Inc. , 3201 Navarre Lane, subdivision;
Dorothy Forcier, 4780 North Arm Drive West,
� variance; review wetlands dredging & duck ponds
moratorium, review park status moratorium, and
� Ski Ordinance.
�
+ Mr. Greg Frank, City Engineer, informed the City NORTH STAR MARINA
Council that he had no further information for
« discussion at this time concerning the North
Star Marina.
r
� Mr. Greg Frank City Engineer, informed the City ON-SITE DISPOSAL SYSTEM
� Council that he is proceeding with finalizing the
City On-Site Disposal System Regulations.
�
� Mr. Greg Frank, City Engineer, informed the City RING ROUTE
Council that we are in receipt of correspondence Order No. 59247
� from the State Aid Engineer stating that:
� In reply refer to: 608
� Municipal State-Aid Street System
Commissioner' s Order No. 59247
� Designation - MSAS No. 104 & Revocation - Al1 MSAS No. 103
CITY OF ORONO
� I am transmitting herewith for filing in your office a
� certified copy of Commissioner of Transportation Order
Aas noted above. It is suggested that this order be
properly filed, indexed and kept as a permanent record
in your office.
�
� (Continued)
�
` _ .
! ZE�ULAR MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 26
�
� RING ROUTE
` (Continued)
ORDER N0. 59247
�
� It is hereby ordered that the revocation of the- following Municipal State-Aid
• Street, or portions thereof, entirely within the city, as requested by resolution
of the Orono City Council, dated April 27, 1977, be and hereby is approved:
� Municipal State-Aid Street No. 103 - Watertown Road from Old Crystal
� - Bay Road to Willow Drive.
�
It is further ordered that the establishment, location, designation and numbering
� of the following Municipal State-Aid Street, or portions thereof, entirely w3thin
s the city, as made by a resolution adopted on April 27, 1977, by the Orono City
Council, be and hereby is approved:
�
Municipal State-Aid Street No. 104 - Ring Route from intersection of
� County State-Aid HighwaysNos. 19
and 84 northerly and northeasterly
� to intersection of County State-Aid
• Highway No. 6 and Watertown Road.
�
Dated r�y 13, 1977
`
� - Jim Harrington
• Co�issioner of Transportation
�
� �
�
:.'iH�"e F��� t"!T-i%i:=�::3:�
�
G^LliY3 Y OF :�.'�'_�.�Y
�
� The ur.IIers;gRed, being a �t:.lti arpoini�d a€ent of the
C�ir�R,is.�;r�n�r jor Ihe f��rnose o�certijving copies of Ur4'ers
� isstt-=_�d Lt' ;.1j^ �crnr�z=_:cr_��r �;Trar.�j�crla�io�1tcr�I���CcrlijteS
,
• ��JL! ��:.5 i5 C f��'' �:?:� f� :'f'�� CC�7l' O� t�lSe C0;3?117�SStfJRC7S
n l ..-
l�!-U{.'r 717 �1tC?Iit�S G:f �+"'. ��:=�C Of�:1Il�i1(;SClir� Ii4,}l,r.�i"If77C71f �O�
• TrQns�+;-iut:c;�, u�w' �i-,,: �11as c�1�3� Itas Lce» ccripered wilh
,
tlic or��i�zar ana is i�c�rlicaL
� , �-�- ,
• T'•n(ed thic__i�2 r.c-, of �/ 19_�
� Ji:�! HAi3Rl'`+�vlGN
� C�FAidfiSSsC;.cft OF TRAfvS?�RTATIOId
r Bv � - ���-�,/�' -
" (Continued)
�
•.,..��/.`�J4.�L.11J.��J-f.� a��J..��.«_.�....�_.�.-�a-���..`. ✓�����_`_.�
a �
• , .REGUJ..AR MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 27
� Mayor Van Nest moved, Butler seconded, to instruct RING ROUTE
the City Engineer to proceed with the feasibility (Continued)
� study for the proposed ring route per the
engineer' s original estimates. Motion, Ayes (4) -
� Nays (0) .
�
� Dick Benson, City Administrator, informed the
City-Council that the City re�eived from Hennepin
� County Public Works Department a copy of ineeting
minutes dated r7arch ?.4 , 1977, stating that:
r _
� Meeting convened at 10: 55 A. M. in H. O. Klossner' s
office.
� History of transportation planning in Orono area
� covered by Craig D. Spencer.
� Straightening of CSAH 6 thru swamp environmentally
not possible according to Van Nest.
� . .
* Orono wants Hennepin County to construct diagonal
from CSAH 6 to intersection of CSAH 19/84 and
+ from intersection of CSAH 19/84 to intersection
of CSAH 110/151.
r
Consensus reached:
�
• - Orono will construct diagonal from CSAH 6 to
intersection of CSAH 19/84.
� - Hennepin County will investigate/re-evaluate
� construction on CSAH 6 from CSAH 110 to T.H. 12 ,
construction on CSAH 151 from CSAH 110 to CSAH 19
� and construction on CSAH 19 from CSAH 151 to
intersection of CSAH 19/84.
•
• - Hennepin County participation in diagonal from
CSAH 6 to intersection of CSAH 19/84 only
+ possible thru a cooperative agreement with Orono
for the city to pay now and Hennepin County to
� reimburse the CSAH 19 portion when CSAH 19 is
extended north from CSAH 84.
� ,
- Orono will discuss with Minnetrista and Independ-
� ence the diagonal proposals.
� Meeting adjourned at 11: 55 A. M.
� Paurus moved, Butler seconded, to inform Hennepin
� County that the minutes are in error when stating
that "Orono wants Hennepin County to construct
� diagonal from CSAH 6 to intersection of CSAH 19/84
� and from intersection of CSAH 19/84 to intersection
of CSAH 110/151" . They should read "Orono' s intentions
. are to construct diagonal from CSAH 6 to intersectin of
CSAH 19/84 and from intersection of CSAH 19/84 to
� intersection of CSAH 110/151. Motion, Ayes (4) - Nays (0) .
•
� '
� REGUL�R MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 28
� Dick Benson, City Administrator, informed the City RICHARD HASSEL LETTER
Council that the City is in receipt of a letter
yfrom Mr. Richard Hassel, dated May 12 , 1977
stating that:
• .
� W R I G H T� W E S T & D I E S S N E R
� LAW OFFICES �
2000 MIDWEST PLA2A BU�LDING
. 601 NICOLLET MALL
WELlS J.WRIGMT
612•333-0417
nwct� �,DIESSNER MINNEAPOIIS,MINNE50TA 55402
• 5 M E F F 1 E L D W E 5 T . �
PETER WE155
ALBERT ANDREWS,JR,
• AiCHARD A, HI.SSEL
CHARLES F,DIESSNER
TMOMAS F, MAHIER
• ROBERT M.ZALK
DOBSON WEST
• May 12, 1977
•
r .
� To : Mayor, Council and Planning Commission
of the City of Orono -
�
This letter is being written to clarify my position and involve-
� ment relative to property located in the City of Orono which is
� being considered for development. The property I make reference
to is the old Phil David property bounded by Highway 15, across
� from the Fresh Water Biological Institute and behind the Texaco
` station in Navarre. This property was purchased by a group of
individuals in a partnership, The partnership consists of myself,
� Richard Tuthill, Hans-Rudolf Hartmann, Frederick P. Lamb and
` Alexander J. Ritter.
� I want to make it absolutely clear that I had my interest in the
� property prior to becoming a member of the Planning Commission
and disclosed that interest. I do not see where there would be
� a conflict of interest at this point. Half of the property is
in Minnetonka Beach, and only five units are contemplated to be
� built in Orono.
r
In order to avoid any question of impropriety, it is my intention
� whenever this matter should be presented before the Planning Com-
+ mission, to remove myself from the front table and take a position
in the audience. One of the other partners will make any and all
• presentations and will make all contact with the Planning Commission
` Administrators or Council.
• I sincerely enjoy the opportunity of being a member of the Planning
� Commission. However, I am very sensitive that any question of im-
propriety or ethics may be raised and will tender my resignation
� if the Planning Commission or any member of the Planning Commission,
�
� (Continued)
�
s ,RFGULAR MEETING OF THE ORONO COUNCIL, MAY 23 , 1977 Page 29
� RICHARD HASSEL LETTER
(Continued)
�
�
• Council or Mayor feel that such an impropriety or conflict of
interest may exist.
�
ery ly yours ,
•
�
� Richard A . Hassel
� RAH:mj
•
� Dick Benson, City Administrator, presented a LMCD rREETING
� letter received from the Lake Minnetonka June 18, 1977 �
Conservation District dated May 10 , 1977
� which states: �
� The LMCD would like to invite you to a rolls-and-
+ coffee meeting at Harts Cafe, Wayzata, at 8 : 00 A.M.
on Saturday morning, June 18, 1977.
� `'his informal get-together should give us an
� �pportunity to discuss our various approaches
to Lake-related problems such as law enforcer.lent,
� boating density, access, and boat storage, as well
as other matters which may arise.
A
• Thomas Maple, Jr.
� End of letter
�
Dick Benson, City Administrator, informed the FRENCH LAKE
! City Council that the City is in receipt of a
letter from E. A. Hickok & Associates to the
� Minnehaha Creek Watershed District stating
� that:
+ The most recent proposal for using French Lake
basin as a retention facility is to install a
� box inlet structure around the upstream end of
the culvert draining French Lake under C.S.A.H.
� 51. To this end, a level survey was conducted
• in the area of the culvert. A map showing the
results is attached.
+ ccording to the survey results , and assuming
�io objection from the County Public Works
Department, it would be feasibile to install
a an inlet structure with an outrun elevation
of 930. 0 M.S.L. The lowest point in C.S .A.H. 51
�
(Continued)
�
� '
• �E�ULAR� MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 30
� is elevation 932. 07 M.S.L. Assuming a maximum FRENCH LAKE
pond level of 930. 0 M.S.L. and a 100-year (Continued)
�torm,the projected rise would be to elevation
30. 9 M.S.L. or 1. 16 feet below finished grade
� at its lowest. _
, A narrow slot or small diameter hole in the box
� inlet would provide for circulation in the pond
between C.S.A.H. 51 and Lake Minnetonka. Since
� the French Lake drainage basin is relatively small,
it is anticipated that ponding levels in French
� Lake will rarely attain elevation 930. 0 M.S.L.
� It may be necessary to build up the road shoulder
� on the north side of C.S.A.H. 51 for about 1200
lineal feet to maintain embankment integrity
� with heightened water levels. We will know
more of this when county records are available.
i
• End of letter ,
Mr. Harrison Johnston and Mr. Charles Schoen
� were present to discuss the project. Mayor
� Van Nest commented that the Watershed District
engineers have to determine definite elevations,
� complete surveys, determine soil conditions,
provide legal desc.riptions, acquire easements,
� ,nd hold a public hearing on the entire project.
� Mayor Van Nest moved, Welsh seconded, to instruct AMEND ORDINANCE
� staff to submit an ordinance to extend the mora- Dredging
torium on marshlands (dredging) for 120 days for
� Council review at its June 13, 1977 Council meeting.
• P�otion, Ayes (4) - Nays (0) .
� Mayor Van Nest moved, Welsh seconded, to instruct Ar4END ORDINANCE
staff to submit an ordinance to extend the mora- Parks
� torium on parks for 120 days for Council review
• at its June 13 , 1977 Council meeting. Motion,
Ayes (4) - Nays (0) .
�
Dick Benson, City Adr,linistrator, read into C. PAUL PESEK LETTER
� the record C. Paul Pesek' s letter to the City
� Council dated May 12, 1977, which states:
� I am submitting my name for consideration to be
� appointed to fill the vacancy on the Orono City
� Council created by the resignation of Gary Welsh.
� As you know, I have been involved in Orono city
• government for four years as a member and chairman
�f the Orono Planning Commission. During these
ur years we have formulated and adopted a
Comprehensive Plan, a Sewer Plan, and city-wide
� significant planning programs. We have also (Continued)
�
�
�
. - R�GULAR MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 31
� estahlished a clear idea of what Orono is and C. PAUL PESEK LETTER
what it will be for the foreseeable future. (Continued)
yPrior to this, I was a member and chairman of
� the Wayzata Planning Commission for four years. .
� Currently, there is no one on the Council from
� the northern section of Orono where I live. �
� I am aware of the great assets of Orono, as well
as the problems that it faces, and i feel that
� I can significantly contribute to the City and
� to the Coun�il as a member.
� End of letter
r Planning Commission P�leeting - May 16 , 1977
� Guthrie movec�, Hannah seconded, to draft a
• resolution to recormmer_d appointing Pau1 Pesek ,
to the Council opening. This motion was made
i after a polling of the Planning Commission
requesting Member Pesek' s designation.
� Motion, Ayes (5) - Nays (0) .
� Paurus moved, Mayor Van Nest seconded, to APPOINTMENT TO COUNCIL
appoint C. Paul Pesek, 1995 Fox Ridc�e Road, C. Paul Pesek
� to fill the vacancy on the Orono City Council
. created by the resignation of Mr. Gary Welsh.
This appointment to be effective June 13, 1977
� at 7: 00 P.M. Motion, Ayes (4) - Nays (0) .
� Dick Benson, City Administrator, informed the FRONT END LOADER
� City Council that after reviewing all bids
received by the City for a Front End Loader, it
� is in the best interest of the City of Orono to
reject all bids as subnitted by Valley Equipment
� Company, Ziegler, Inc. , and Long Lake Ford Tractor,
• Inc. and readvertise, eliminating the coupler,
plow, wing, five-year maintenance guarantee and
+ five-year buy back stipulation. This procedure
will allow a more competitive bidding procedure
� and eliminate excessive costs to the City. I
will prepare new specifications for Council review
� and approval at the June 13, 1977 Council meeting.
� Mayor Van Nest moved, Paurus seconded, to prepare
, new specifications per the City Administrator' s
recommendations above. Motion, Ayes (4) - Nays (0) .
�
�
� �
�
�
�
�
• RECULAR� MEETING OF THE ORONO COUNCIL, PiAY 23, 1977 Page 32
� Dick Benson, City Administrator, announced to BOARD OF REVIEW MEETING
the City Council that the Board of Review will
eet at the Council Chambers, Tuesday, May 24 ,
977 at 7: 30 PoM.
�
� Mayor Van Nest Moved, Butler seconded, to RESOLUTION #786
� adopt Resolution #786, A Resolution Concerning Ivy Lane Access
The Use Of Long Lake Boulevard Fire Lane 1535-
� 1545 Long Lake Boulevard (Otherwise Known As
The Ivy Lane Access) , as amended. Motion,
� Ayes (4) - Nays (0) .
� Resolution #786 attached - Pages 33 & 34
�
� Dick Benson, City Administrator, inforrled the
City Council that approximately two months ago,
� Mr. Bill Fenholt, Orono School Business Manager,
called my office to discuss the possibility of
� reducing the sewer and water rates to the school
• because of declining enrollment and consequent
loss of State Aid. Several meetings have been
� held at the school with Mr. Bill Carlson,
Mr. Fenholt, members of the School Board, myself,
� and Mr. Pat Farnand, A4ayor of Long Lake,
discussing the matter.
�
ayor Farnand has indicated to us that Long Lake
� would consider reducing the water rate to Orono
� 50$ ($0. 90/thousand gallons to $0. 45/thousand
gallons) which can be �assed on to our customers.
•
Any further reduction is not possible at this
� time, and cannot be speculated upon in the near
future.
�
« Mr. Fenholt will be present at our �4ay 23, 1977
Council meeting.
� Council PZeeting - May 23, 1977
�
Mr. Bill Fenholt, Orono School District #278
� Business Manager, and Mr. Don Ariderson, School
Board member, commented on the present economic
� conditions that exist and stated that with the
� cut-back in State Aid, the School District
has to find ways to reduce their expenditures.
�
P•4r. Bill Fenholt read into the record the •
� following statement, dated A4ay 23, 1977, on
the following �ages: Pages 35-4�
�
�yor Van Nest moved, Paurus seconded, to table
the request of the Orono School District #278
� for a reduction in sewer and water rates until
the meeting of June 13, 1977. Motion, Ayes (4) -
r Nays (0) . (Continued)
�
'r '
� � � ' Page 33
•
� RESOLUTION #786
�
A RESOLUTION CONCERNING THE USE OF LONG
� LAKE BOULEVARD FIRE LANE 1535-1545 LONG
! LAKE BOULEVARD (OTHERWISE KNOWN AS THE
IVY LANE ACCESS)
�
�
WHEREAS, the City Council and Planning Commission have
� reviewed the petition of eighteen families in the area of Ivy
Lane to use Ivy Lane as a public recreation area, and
�
� WHEREAS, the City Council and Planning Commission have
reviewed the petition of the two neighbors abutting Ivy Lane,
e which petition has asked that Ivy Lane be closed for public
use, and
� .
WHEREAS, the Park Board and City Staff have reviewed
� this matter at length,
� NOW, THEREFORE, the City Council makes the following
� findings of fact:
,� l. The Ivy Lane access has never been opened as a
public road. �
�
• 2. The Ivy Lane access consists of a steep wooded
slope to Long Lake. -
�
3. In the past, the citizens in the area have failed
� to clean up the Ivy Lane access after use, have placed boats
and other structures on the property, and have conducted them-
� selves in such a way as to interfere with the enjoyment of the
� private property on both sides of the Ivy Lane access.
� 4. The City will not open this Ivy Lane access
for public access to the lake. The City Staff shall clean
� up the Ivy Lane access and remove all structures and other
unnatural material from the Ivy Lane access.
�
� 5. The City Staff will remove any structures placed on
the access and any boats beached on the access in the future.
� 6. The City prohibits the use of Ivy Lane access for
� any placement of structures, burning of fires , erection of �
docks, placement of trash or other litter, installation or
� use of diving docks, swimming raft, or buoys in the lake, and any
use of the access other than incidental use of the access.
�
�
�
� �
«
� ' .
, Page 34
� � �
Resolution #786
� Page 2 .
�
�
7. The City is not opening Ivy Lane access as a public
� swimming or _water skiing area.
� 8. The status of the Ivy Lane access will be reviewed
� in October of 1977, to determine whether or not the neighbors
in the area have been able to observe the restrictions set
� forth in this resolution and have been able to cooperate with
the private property owners on both sides of Ivy Lane access.
�
9. In the event that it appears to the City Council
� that the neighbors have been unable to police the Ivy Lane
� access on their own, that there is trash or other materials
left in the access and/or that the use of Ivy Lane access
� by the neighbors has resulted in the interference with the
enjoyment of the private property owned by individuals on
� both sides of the access, the City Council will then consider
closing Ivy Lane access for all purposes and arresting any
� people using the access for trespassing on private and/or
. public property.
� 10. By this action, the City Council is not vacating
or abandoning any of the previously vested rights of the City
.-- in the Ivy Lane access.
� This resolution was adopted by the City Council of Orono,
. P4innesota on May 9, 1977, and reviewed by the Council on
May 23, 1977. This resolution was adopted by the City Council
� of Orono by a vote of 4 ayes and 0 nays on May 23 , 1977.
�
� �
� � � ' �
���
� William B. Van Nest, Mayor
� �
� �Atte s t: �� ��--�---
� Walter , enson, Clerk-Administrator
�
•
*
�
�
�
�
�
� '
� . ,
ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 Page 35
INDEPENDENCE-LONG IAKE-MAVLE PLAIN-MEDINA-MINNETONKA BEACH-ORONO
• 685 OLD CRYSTAL BAY ROAD
LONG LAKE, MINNESOTA 55356 •
� M a7M .
DR. GALE G. IENNON �p611OM
W. A. FENHOLT
SUPERINTENDENT OF SCHOOLS ASST TO THE SUPERINTENDENT
• (612)173-7313 May 2 3� 1 9 7 7 (612)473-7313
• .
• Members of the Orono City Council
� Crystal Bay, Minnesota 55323
� Ladies and Gentlemen:
� We come to you tonight for a decision which will have a consider-
� able long-range impact upon the school district' s program. . Next year,
due to limitations in state funding and levies imposed upon us by the
� legislature, we have been forced to cut $55 ,000 "from the curriculum.
We are making every effort to control costs to minimi.ze similar re-
� ductions in the future.
� The school has� enjoyed and benefited from its relationship with
� the City of Orono. Cooi-�. eration on the recent installation of traffic
warning lights on Highway #12 in which you engaged an engineer and we
� paid for the devices, the_ $500 contribution by the school to your ice �
arena feasability study, the reciprocal arrangement we have with you
for storing three of your voting machines in exchange for their use,
• loaning of audio visual equipment to you and the free use of school
buildings for city hearings and meetings are exa�nples of how we have
� cooperated over the years for the mutual benefit of our patrons and
taxpayers_ We .feel we are_ partners with the City of Orono; we hope
� you feel the same way about us.
� HISTORY I
� First a bit of history concerning the water and sewer service
� to the school campus. In 1967-68 the councils of Long Lake and Orono
cooperated with the School Board to provide water and sewer service
� to the high school under construction at ti-�at time. The district
paid assessments of over $52 , 000 and then made an additional payment
� of $3652 in 1974 to accommodate the extension of sewer service to the
• Orono Middle School and the Myrtle G. Schumann Elementary School.
This cooperative endeavor has been a boon to the school and we appre-
� ciate the part you played in making _this possible.
� Currently all three buildings on our main campus are served by
the Orono sewer system but only the senior high school purchases city
� water from Long Lake. Our 27 year old well at the Middle School is
• providing water for both that school and Schumann Elementary: When
repair costs of the well become excessive at some point in the future,
� we will be requesting service for these two buildings . Therefor,
�
• DR. K. B. WINiER W_ V. NELSON RONALD E. GILBERT
Sf'i. HIGH SCHOOL PRWCIPAL MIDDLE SCHOOL PRINCIPAL ELEMENiARY COOP,DINATOR
473-S.t72 (73-7301 � [73-73U
� C. V�'AYNE SMI7H ' JAMES E. SEITER M7.5. MAFVEI A. RONGAAT
• ASSOC. SR. HIGH SCHOOI PFINCIPAL " ASST MIDDLE SCHOOL PRINCIPAL MAPLE PLAIN FLEMENT.4TiY PRINCIPAL
473-5�72 473-7301 479-1977
1
, Page 36 �
� Members of the Orono City Council May 23 ; 1977
• while our sewer usage is close to maximum now, our water requirements
� from the city eventually will be_:at least twice as much as at present.
+ At the outset in 1967 the school board agreed to pay double the
� residential water rate and also agreed to this same �rate for the sewer
charge. Our board further agreed to pay an additional 30$ charge to
� the City of--Orono on �.op. of- this double eharge___ By__ this method of
payment, the school has been paying its share towards the cost of
� facilities and, through the additional 30$ charge , we have paid for
. Orono' s cost of maintaining the sewer-water lines running over Orono
land. The school district has paid these additional charges now for
� close to a 10-year period.
� - WATER RATES
� Two meetings were held this spring with Long Lake and Orono of-
. ficials to discuss a possible reduction in water and sewer rates.
According to Mayor Farnand, Long Lake is willing to reduce th e water
� charge to the school district by one-half, lowering the rate from 90G �
to 45� per M gallons . . Before this tentative decision is final , how-
� ever, the_ Long Lake council wants to know .what Orono is willing to do
for the school. If we do not receive a favorable decision from you,
� Mayor Farnand has indicated to us that the Long -Lake council will re-
• consider the situation. Faced with a potential doubling of our water ,
purchased from Long Lake in the future, if the Long Lake council were
to change its mind and not grant the reduction, the long-term result
would be disastrous to our school budget. Your decision, then, is of
� extreme importance to us !
� It is our understanding that your administrators are recommending
• that, if Long Lake reduces-its-wate�-rate-by=one-half to the school,
then Orono should increase its override charge from 30$ to 60� so that
� the same dollars would be generated to the City of Orono. We wish to
point out that, due to �he expansion of outdoor site facilities , the
� school during 1976 used a greater quantity of water than in previous
years and this will continue. This increased your 1976 revenues.
� Furthermore, when the two additional schools are added, Orono will gain
• revenue dollars from the school which will be generated by the doubling
of water consumption over current levels . We feel that to expect the
� school to continue to pay 27� above the adjusted Long Lake rate of 45�
(constituting a 60$ override) , � given our increased comsumption now and
� in the future, would be excessive. If Orono were to allow the 30$
charge to continue, what loss would this be to you? We will answer
� this by providing some statistics for your consideration.
� During 1976 , water consumption at the high school was 4 , 572 , 800
gallons: At the $1. 17 current rate which includes the 30� charge,
� the school paid $5, 350, with Long Lake receiving $4T15 and Orono re-
� ceiving $123�. If we go to the new rate of 45� and continue the 30$
charge for a total of 58. 5�, the school would be paying $2675 annually,
� with Long Lake receiving $2057 and Orono $618 . The loss to Long Lake
�
�
� . .
�
' Page 37
� � � T�iembers of the Orono City Council May 23, 1977
� would by $2057 and the loss to Orono would be $618 , or about 1/3 of
� Long Lake ' s loss . Actually , neither would lose this much compared
to 1975 because of increased water consumption at the school during
1976 .
� If we utilize our metered 1976 water consumption figures for
. our three schools and include both city water and well water, •we would
have 13 , 313 , 000 -gaiions. When- our �aell - is- phased -out�- if-we �tay-at
� the same 1. 17 rate , the school' s cost for water would skyrocket to
$9 , 829 . If the Long Lake rate drops to 4�� and Orono decides to allow
� th e 30g charge to remain (instead of increasing it to 60�) the school ' s
cost would be $4914 annually (rate 45� + 13 . 5�)� with Long Lake re-
� ceiving $3780 and Orono receiving $1134 . IN OTHER WORDS, FOR A
PRESENT REDUCTION OF ABOUT $600 IN YOUR AD29INISTRATIVE AND MAINTENANCE
CHARGES, THE CITY OF ORONO WOULD BE ASSURING THE SCHOOL AN EVENTUAL �
� SAVINGS OF CLOSE TO $5 , 000 ANNUALLY. FURTHERMORE THE CITY OF ORONO
WOULD EVENTUALLY SEE ITS CURRENT- R�VENUES REINSTATED DUE TO THE
� ADDITION OF THE TWO SCHOOLS. . "
� � SEtaER RATES
� We also understand that your administration is recommending the
� school district' s present $1..17 per M �gallon. sewer charge .be increased
to $1 . 50 per M gallons . This constitutes approximately a 20o increase
� for us which is beyond our ability to fund without a reduction in '
educational offerings .
• The new rate is computed by using as a basis a household average
of 15 , 000 gallons per quarter at a charge of $22 . 50 or $1. 50 per M
� gallons. We do not feel- this to be a fair and equitable basis on
which --�o- r3etermir�e the school-'s aharge--wher� our annual flowage -approxi-
� mates S million gallons_ There should�e some consideration given for
volume users. We feel that the council should hold the �resent rate to
� the school at $1. 17 per M gallons and then see what can be done to
• lower the rate to a level which compares favorably with average area
costs.
• The school board directed that a study be undertaken of area
� municipalities to dete rmine average rates being charged for water and
sewer. We have brought copies for each of you tonight. _
�
• , For volume users, water ranges from 35� per M in Wayzata to 65� '
per M in Minnistrista, with tl�e average water charge 42 . 8$ per M
. c�allons. THE REDUCTION TO 45� PER M GALI,�ONS PLUS A 13. 5$ OVERRIDE
BY ORONO WOULD STILL PLACE US ABOUT 16� OVE� THE AREA AVERAGE. Sewer
� rates vary from 50 . 5 � per M gallons at Maple Plain to 83� per M gal3.ons
in Minnistrista, with the average being 69 . 4 per M gallons. At the
� present rate of $1. 17 per M gallons charges by Orono for sewer, we
• are 1. 68 times the area average .
CONCLUSION AND SUMMARY
� We understand and appreciate your City administrator' s concerns
for gaining all possible revenues. This is their job_ Tae , on the
�
� . , - -
�
Page 38
' ' Members of the Orono City Council May 23 , 1977
� other hand, feel compelled to take our case directly to you and seek
� the relief to which we feel we are entitled. We have tried to show .
that a relatively minor sacrifice in water override revenues of about
$600 from you at this time would eventually be offset by increased
school water consumption and would result in an eventual savings to
� the district of about $5 , 000 annually...
� We, therefore, believe the City of Orono would be - justified �n
• granting special consideration to the school district for sewer and
water rate reductions since these savings will inure to the benefit
� of patrons of the City of Orono as well as the school district.
� It is our further belief that our request should be granted
because our practice and playing fields are subjected each year to
increased use by youth and adult teams from the community which are
� not a direct part of the school program. As a result of .this, the
school has been forced to undertake an intensified maintenance program
� requiring re-sodding, seeding, fertilizing and extensive watering to
maintain suitable turf for these activities.
� ' .
Favorable action tonight on yo ur part, we believe, would be
� positive evidence that the;.:City of Orono is � sympathetic to the finan-
� cial constraints facing the district and wishes to support the school
in its efforts to retain a quality educational program and adequately
maintain its facilities for use by the school and community. �
Respectfully submitted,
The Orono Board of Education
�
by:
� �,-.��--,-,..� !�. �'�-�_,-�.�-
•
William A. Fenh olt
� - Ass ' t.- to Supt. and Business A4anager
�
�
�
�
�
�
� -
�
� •- �
w
� • -
. Independence-Long Lake-1�aple Plain-J7edina-P9innetonka Beach-Orono
� � � 3/29/77
SURVEY OF AREA WATER & SE47ER RATES Pa9e 39
s .
� City of Wayzata
• Water: For schools in Wayzata (same as commercial rate) .
lst lOM gal. - $10. 00 �
2nd lOM gal. - 65� per M •
Next 40M gal. - S0� per M
� _ Excess above - . 35� per M
� Sewer: 80� per M gal. straight charge all users. .
i Metro dictates what to charge and there is no -
increase April lst.
City of Plymouth
• Water: For schools in Robbinsdale & [aayzata �.
Base charge $7. 92 per month 3/4 " me"ter
� ' $19 . 80 per month 6" meter
lst 45M gal. - 60� per M
� Next 30M gal. - 59� per M
Next 125M gal. - 53� per M
� Above 200M gal. - 46� per P�
Sewer: 58C per M gal. (less sewer credits for outside watering) '
No change April 1 in rates
City of Nound
� Serve: Elementary and Jr. High located in Mound
� Water: Same for residential & commercial
. $6. 00 first lOM gal_
Next 20M gal 40� M
� Next 20M gal 35� 2d �
Next 50M gal 30� M �
� .
Sewer: $10. 00 first lOM gal.
� 70.� per M straight across
. Aware of no change in rates April lst.
City of Minn�trista -
Serve: Mound H. School .
• Rates to school & residents the same
• Water: $9 . G0 per quarter �lOM gal.
Each additional 1M @ 65� -
Sewer: $25. 00 per quarter flat charge
83� per M ga�. regardless of quantity
� No notification of rate changes
� - -
� . - '
, . Page 40
Survey of Area Water & Sewer rates (cont. )
SUMMARY OF WATER & SEWER CHARGES FOR HEAVY USE CUSTOMERS
� Water: .
Wayzata (above 60M) - 35� M gal. � •
Plymouth (above 200M) - 46� M gal. � .
Mound (above 100M) - 30� M gal. .
Minnetrista (straight chg) 65� M gal.
r4aple Plain to school- 38� M gal.
Long Lake/Orono to school
� - $1. 17 M gal.
i Sewer:
Wayzata - 80� M gal.
Plymouth - 58G M gal.
Mound ($10. 00 first M) 70� M gal.
Minnetrista ($25 . 00 qtr. flat chg_ )
83� �i gal. ,
Maple Plain (average) to school
50. 54 M gal. � �
Long Lake sewer charge (residents)
. 75� M gal.
• Orono present charge to school
1. 17� P4 gal.
Orono proposed charge to school .
l. S0� ri gal.
OBSERVATIONS:
l. Average water charge 5 villages exclusive of Long Lake/Orono
_ $ . 428 per M gal.
� Long Lake/Orono charge water $1. 17 per M gal.
2. Average sewer charge 6 villages exclusive of Orono
� Present Orono char e = sewer $ - 694 per M gal.
g $1. 17 per M gal.
Proposed Orono charge - sewer $1. 50 per M gal.
3. Present Long Lake/Orono water charge is �. �3 times the area
average �
S
4. Present Orono sewer charge is 1. 68 times the area average
�
5. Proposed Orono sewer charge is 2 . 16 times the area average
CONCIUSIONS FROM STUDY
1. Treating large commercial & school users (500, 000-1, 000, 000 gal.
quarterly) on the unit charge }�asis produces an excessive cost
for the school district
� 2. It would appear that the Long Lake water rate of 45� would be
a fair & equitable rate for the school on the basis of area
comparisons (maintenance costs by Orono could be charged at
an hourly basis as needed)
, �
' ' ' Page 41
Conclusions from study (cont. ) -
� 3. An Orono sewer rate approximating 75� per M gal would appear
to be fair for the school and other large users
4 . Rates at these levels would more equitably distribute the tax
burden on all taxpayers in the Orono School District:
5. None of the surveyed municipalities dealing with M.W. C. C. is
planning a rate increase April lst.
6. In view of our study the district would feel that $1. 50 per
+ M gal. proposed sewer rate effective 4-1-77 would be excessive
W.A.Fenholt
3-29-77
�
S
� .
� , -
s -
, Independence-Long Lake-Maple Plain-Medina-2✓,innetonka Beach-Orono
April 14 , 1977
Metro Waste Control Commission Information Pag�e 42
�
Orono is in Subdivision 4 (Same as other cities on our survey)
Standard Rates to all Cities in Subdivision 4 - � �
Treatment works 28� per M gallons �
Interceptor costs 19� " " "
Total costs 47� " " "
Orono credit on debt -24� " " "
Net flowage costs at
treatinent plant in Orono 23� per M gallons
� -
Costs to Orono were established in December 1976 and based on an
- estimated flowage of 145 ,miilion gallons through Orono interceptor
in 1977. Rate of 23� per M gal. would be realistic to use for Orono
for all of 1977. Any charges above 23� per 2d gallons are between
� user and City of Orono. - -
Debt credit of 24�� per M good annually until 1999_
�
1977 M W C C charges $68, 227
Less equity in lines (debt) - 35, 000 -
Less debt pmt. credit - 48 , 000 *
Less ' 75 -overpayment - 12 , 000 *
Net payment from M W C C to
Orono for 1977 �- 26, 773 -
* Non recurring
�
I -
� Indepenoence-Long Lake-Maple Plain-Medina-MinnetonkavBeach-Orono
, P. O. Long Lake , Minn. 55356
� Page 43
• .
� Comparison With Area Charges ,
� �
� If the Orono School District were charged the average rates in f�ve �
municipalities in our area, costs to th e school would be as follows :
�
�
� Orono S. D. Area Amount over
Present Cost Average Cost Average
�
� Water $ 5, 268. 13 $ 1, 957. 15 $ 3 , 310 . 98
� (4 . 572, 800 gal. ) (1. 17) ( . 428) * ( . 742) .
� Sewer
(4 , 912, 200 gal. ) 5 , 747 . 28 3 , 409 . 07 2 , 338 . 21
� (1 . 17) ( . 694) ( . 476) .
� Additional Water -
� (No well at M. S. & -
M. G. S. 3, 828, 000 gal) _ �
� 4 , 478. 76 1, 638 . 38 2 , 840 . 38
(1. 17) ( . 428) * ( . 742)
� .
� Total Costs $15 , 494 . 17 $ 7 , 004 . 60 $ 8 , 489 . 57
•
� .
* Average water cost taken at volume rate in each city surveyed;
� true average cost would be sligh�tly higher but not significant -because
� of quantity of water purchased by school district. Sewer is flat
charge. � � - -
� - � .
� - �
� _
� . . _ _ _ - - - -. . .
� - - - � - - - -- -
� _ . _ . : _
� . . - �
� � -
� - . _
� .
� • !
� , - (
�
• , Independence-Long Lake-Maple Plain-Medina-Minnetonka Beach-Orono
P.O. Long Lake , Minn. 55356
� 1976 Water & Sewer Charges
Page 44
� Main Campus .
� •
� Middle School & Myrtle Schumann Elem. Sch. � High School
� . �
� Water Water Water � Water
Inside Sewer Outside Inside Sewer OutsidE
�
lst. qtr.
� Gallons 950 , 300 950 , 300 44 , 400 467 , 300 467, 300 303, 700
� Cost -0- $1, 111. 85 -0- � $546 . 74 $546 . 74 $273 . 29
� 2nd qtr.
Gallons 1, 107, 700 1, 107, 700 223 , 800 465 , 700 465 , 700 573, 100
� Cost -0- $1, 296 . 01 -0- $544 . 87 - $54� . 87 $670 . 53
� 3rd qtr.
� Gallons 645 ,000 645 , 000 113 , 800 380 ,500 380 , 500__1; 11$, 20C
Cost -0- $754 . 65 -0- $445 . 19 $445 . 19 $2 , 010 . 2F
�
4 th qtr.
� Gallons 433 , 400 433,400 309 , 600 462 , 300 462 , 300 202 , 000
� Cost -0- $507. 08 -0- $540 . 89 $540 . 89 $236 . 39
� --- —
� nnnual
Gallons 3, 136,400 3 , 136, 400 691, 600 1, 775 , 800 1, 775 , 800 2 , 797 , 000
� � -
� Totals � �
Cost -0- $3 , 669 . 59 -0- $2 , 077 . 69 $2 ,077 . 69 $3, 190 . 44
� .
� - - Summary of Charges
�
� � � Gallons Cost
� , Middle School Inside Water 3, 136 , 400 -0-
Middle School Sewer . � : _- _ 3 ,136 ,400 � $3 , 669 . 59
� Middle School Outside Water . 691, 600 -0-
High School Inside Water _ 1, 775 , 800 2 ,077. 69
� High School Sewer 1, 775 , 800 - 2 ,0.7.7. 69
• High School Outside Water : 2, 797, 000 3 ,190 . 44
� Totals 13, 313;000 $11, 015 _ 41
� � Potential additional cost no well - - 3, 828 , 000
� � � � - more gallons +- 4 , 478 . 76
� � �
• Total cost all schools @ 1. 17 $ 15 , 494 . i7
� . -
� - . - .
• -
�
• � R�GULAR MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 45
� Henry P4uhich, Building & Zoning Administrator, NAVARRE D�IVE-IN THEATRE
informed the City Council that the Navarre Drive-
� In Theatre has had several uncontrollable
situations develop on their premises during the
� past three weeks which is affecting the health,
• saf_ety and welfare of patrons and residents of �
the area.
� Police Chief Mel Kilbo informed the City Council
� that the Navarre Drive-In Theatre is having
probleMs with:
�
• l. Parking
2. Unauthorized admittance
� 3. Drinking on premises
4. Fights
� 5. Noise
6. Inadequate police protection
•
� - .
� Mr. Lebewitz, Navarre Drive-In Theatre Manager,
� commented that the theatre has attempted to show
proper movies but we have had some problems
� handling patrons and have witnessed a person
with a gun and a knife.
� �
� Mayor Van Nest commented that it is obvious that
� there is a definite lack of management and reviwed
the twelve conditions that were originally stipulated
� with the issuance of the license, which state that:
� l. Reaulations of Operations: The shows will
not start before 7 : 30 P.M. or at dusk.
• 2. Control of Traffic: When the traffic is at
� the heaviest, the management will have enough
employees on duty to get patrons in expeditiously.
� 3. Exit and Entry Lights: A new manager has
been hired and will keep everything in good
� repair at all times.
4. Time of r4ovie Closing: Closing time is normally
• 1: 00 A. M. and 2 : 00 A. M. when daylight time is
in effect.
� 5. Screening Fence: There is a growth of trees
� between the theatre and the residential area
and to the east is a commercial section and
� considering that they are both in business
at different times, there will be no problem.
� 6. Speakers Sound & Noise: All speakers will be •
turned off when not in use and volume will be
� kept down.
�
(Continued)
�
�
•
�
• - REGULAR riEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 46
! 7. Types of Movies: The management will have no NAVARRE DRIVE-IN THEATRE
X-rated movies and will attempt to play all (Continued)
the PG and G rated movies that are available.
�8. Litter and Weeds: The management will make sure
� that the janitorial service cleans up early
• and maintains the grounds.
9 . Curfew for Children: Only people who are
� permitted to drive are allowed, except children,
when accompanied by parents.
� 10. Policing Help: The theatre will maintain
personnel to control patrons, but in the
� event of a serious problem, the management
• will call the local enforcement agency to
handle problems.
� 11. No blinking lights.
12. Weekly inspections by the Building & Zoning
� Department and Police Department to insure
continued compliance.
•
It appears that the theatre management has not
� met any of these conditions, except #1.
� Mr. Lebewitz and Mr. Braverman, President of the
� Northwest Cinema Corp. , stated that they would
like to have the City adopt an ordinance controlling
� drinking.
• Mayor Van Nest informed Mr. Braverman that if all
• the conditions of the present license were adhered
to,the theatre would not be having these problems.
� Mr. Lebewitz commented that they are attempting
� to resolve the problems and are attempting to contract
with agencies for uniform patrol on weekends.
�
Mayor Van Nest stated that the record warrants
� Council review of the current theatre license
� and a public hearing should be held as soon as
possible in the interest of the public safety,
� health and welfare of all the area residents.
� �aelsh moved, Butler seconded, to declare an
emergency in the interest of public safety,
• health and welfare and to call a public hearing
for r4ay 24, 1977 at 7:00 P.M. to consider
� suspension of the Navarre Drive-In Theatre license.
� Motion, Ayes (4) - Nays (0) .
� Dick Benson, City Administrator, informed the City FIRE CONTROL
� Council that letters have been mailed to all BIG ISLAND
residents on Big Island from Police Chief Kolbo,
� dated i�Iay 17, 1977 stating that:
� (Continued)
�
� �
�
� Page 47 �
�
, , 'f.icph��nr 473-7357
• . - I�.mcr�cncy 544-95I I
• .�""�����" � . .
x.:.
.,��.}��-�,�,.��:..
-- �s �;..
� T�����r�'���. � C1tJ O� O]` a,Ol�O
v ���a%-���`s I uxt (�ffice Rox Hh •
• ���,. 4 �"�:�, � ' Cryelal Ray, Minnesota 55323•Municipal Officea
�'�� � On the North Shore oj Lake Minnetonka
•�r� . :.:r.
�..IP}�-
� ;•��`•=t+� ,
�� �:` . �a �'P'olice Depa��tnzent -
• �
_ �'�,::�.�.
• 12!{5 Snulh Hr��wn RuaJ �
MaY � 7� � `�77 � f)'�I:II II:1). Mlllllt'�I1�:1 55323 ...��
�
To All Big Isl�nd Hesi den�;s or Lando���e_=�s : M.H. KILBO
� cn��r�i r��r�,c
� Uear P.esident:
� Our reco:ds show you as a re�istered owner of property on Big
Island, Lake Minnetor.ka. I am taki�g this method of contactin�
� each resident with an urgent messa6e.
i As of March 12, 1976, the riinnesota Pollution Control Agency
• banned open burning in the Seven County P�Ie�ro Area. Open
burnin�, in certain instances, may be conducted only by obtain-
� ing a per�nit, and if the individual burning is in accordance
witn t:�e requirements of the re�ulation and conditions of the
� permit.
• Permits are applied for on an individual basis, The applicant
a��lies at his local Fire Department, (in this case, the Wayzata
� F�.�e Department) who in turn submits the application to the
� Pollution Con�rol Agency for their approval.
� This ban is especi�lly important at this time because of four
years of drou�ht conditions and long response time nesded for
� t}lfi WaV 7.A fA Fyrn„ TlAr,n»i-,�.o.-.+ �.. i
� ,, ----- 1.,...� ����,�., �v p�o � iiic�ii uT]ci equipmenL OriLO t11A
Island to fight the fire, As you may be aware, Hennepin County
e has no Water Patrol to assist us or the Wayzata Fire Department
. in respondi.ng to a fire call.
� I urse each resident to allow no urinecessary burning; purchase
some type of early warnin� device for your home and establish
� procedures to i'ollow in case of fire in the home, or on the
Island, so as to be able to defend your life and property from
� fire until the Wayzata Fire Department can reach the Island.
� This Department will enforce existing State and local laws and
. regulations for the benefit of all citizens.
� If you have any further questions, please call 1.�73-7710.
� Sinceraly, •
� �z.�..EL ���-�
� I�Iel Kilbo,
Orono Chief of Police
�
�
�
�
• � REGULAR MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 48
� The Ski Area Ordinance was deferred until the SKI AREA ORDINANCE
meeting of June 13, 1977.
�
� Dick Benson, City Administrator, informed the MTC BUS SHELTER
. City Council that attached are communication Agreement
and site plans for the MTC shelter which is
� to be installed in the parking lot at I:eaveny' s
Navarre Drug. Please refer to the site plan
� dated May 6, 1977. Also attached is the
Agreement between the City and the MTC.
�
• Would you please review, and if no changes are
necessary, please sign and return. MTC will
� obtain the site lease from Mr. Keaveny. Chief
Kilbo and John Gerhardson, Public Works Super-
� visor, met with Mr. Keaveny and it is clear to
all parties their responsibility in regard to
� parking problems.
� Butler moved, Welsh seconded, to approve the
. Agreement with MTC for a bus shelter at
Keaveny' s Navarre Drug. Motion, Ayes (4) -
� Nays (0) .
�
Dick Bei:son, City Administrator, stated that ANTI-RECESSION FISCAL
� in the Mayor' s signature packet are two cards ASSISTANCE REPORT
• which are a short report to the Office of
Revenue Sharing. The four questions to be
� answered pertain to �ny increa� �s or decreases
in any tax rates; any decrea,se of employment
� of 5� or more; and any decrease in the total
operating budget of 5% or more.
�
�
The period to be covered by this report is
• November 17, 1976, to March 31, 1977. During
� this time period, the City of Orono initiated
no increases or decreases in any tax and had
� no decrease in employment or in the operating
budget which amounted to 50 or more.
�
� Dick Benson, City Administrator,presented the LIQUOR STORE REPORT
. City Council the following first quarter Liquor First Quarter
Store operating report, dated I�Iay 11, 1977 :
�
� " (Continued)
�
�
�
�
�
�
� '
- ' ' Page 49
�
� �
� T0: Dick Benson, City Administrator
� Brad Van Nest, Mayor
� Members of the Orono City Council
� � FROM: Tom Kuehn, Finance Director
•
DATE: May 11, 1977
•
� SUBJECT: First Quarter Liquor Store Operating Report
�
a Attached please find a set of statements for the Orono Liquor
' Store for the first quarter (Jan. , Feb. , Mar. ) of 1977, compared
to the first quarter of 1976. Each set has a Balance Sheet, .
� Income Statement, and Cost of Goods Sold Statement.
� As the schedule below indicates, Net Sales for 1977 are $4, 089
� under 1976 but Cost of Goods Sold is also down $3, 108 between
� 1977 and 1976, resulting in a Gross Profit decrease of only
$981 for 1977. Also, during the first quarter of 1977 expenses �
� were under the 1976 first quarter expenses by $839. Therefore, '
• the overall Net Income Before Other Income for the first quarter
of 1977 is down only $142.
•
� 1977 over
1977 1976 (under) 1976 �
� Net Sales �
$ 68, 119 $ 72, 208 $ (4, 089) (
� Cost of Goods Sold 49, 414 52, 522 (3, 108)
� Gross Profit $ 18, 705 $ 19, 686 $ (981)
� Operating Expenses 16, 831 17, 670 (839�
� Net Income Before Other
• Income �_1. 874 � 2, 016 � (142)
� The fact that the inventories are do�,m and the salaries expense !
� is down indicates a sincere effort on the part of the liquor �
• store manager to maximize profits. Also, as you are aware,
steps have been taken to stimulate sa�es volume. These are i
� the 10% discount days to cash customers and the pending install- `
. ation of the credit cards system. �
�
�
�
�
� �
• -REGULA� MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 50
. Dick Benson, City Administrator, informed the City GOLF COURSE REPORT
Council that the Orono Golf Course opened for
�lay on April 11 this year compared with April 10
last year. Attached please find an income
� statement for the four months ended April 30 , 1977 �
• and April 30, 1976. You will note that the 1977
revenues are up $1, 262 or 54$ over 1976, which is
� a substantial increase considering that this
does not cover a full month of play �but only
� twenty days. If this trend holds throughout
the season, the net income should be up at least
� $5, 000 over 1976. One other point of. interest
is that the total expenses are up only about 3$
� over 1976 at this time.
, These two favorable factors (operating revenue
+ iricrease and operating expense stabilizing) have
resulted in a net operating deficit for the
� first four months of 1977, which is $1, 044
less than the same period of 1976. The fact
� that the golf course reflects an operating deficit
. at this time is not alarming because we are
matching four months of expense against less
than one month of revenue.
�
Butler moved, Welsh seconded, to accept the RECEIPTS , DISBURSEr�ENTS
Summary of Receipts, Disbursements, and Balances & BALANCES
or the month of April, 1977. P�Sotion, Ayes (4) - April 1977
� Nays (0) .
�
� Mayor Van Nest moved, Butler seconded, to RECEIPTS , DISBURSEPd�IdTS
accept the Summary of Receipts, Disbursements, & BALANCES
� and Balances for the four months ending Ending April 30, 1977
April 30 , 1977. P�otion, Ayes (4) - Nays (0) .
�
� Dick Benson, City Administrator, informed the OFFICE WELL
• City Council that in July of 1975, repairs
were made to the well in the Adr.ministration Office.
� At that time, Mr. Tom Stevens of Stevens Well
Company advised us that there could be problems
� in the very near future. On May 16 , 1977, it
started to pump sand. We have tried to clear
� the system but have not been successful.
• Therefore, I feel it is necessary to have the
City Engineer write specifications for a new
� well.
� Dick Benson informed the City Council that he
will submit three formal quotes from contractors
� for Council approval at the next meeting and
�lso a resolution for this emergency funding.
�
�
� .
• REGULAR MEETING OF THE ORONO COUNCIL, PZAY 23 , 1977 Page 51
� Mayor Van Nest moved, Paurus seconded, to approve LIQUOR LICENSE
the Club Liquor License for the Wayzata Country Wayzata Country Club
�Club. Motion, Ayes (4) - Nays (0) .
�
• Butler moved, Mayor Van Nest seconded, to adopt RESOLUTION #787
Resolution #787, A Resolution Redefining The Suburban Nursing
� Level Of Funding For The Subur_ban Public Health •
Nursing Service. Motion, Ayes (4) - Nays (0) .
�
, Dick Benson, City Administrator, read into the COr4PREHENSIVE SEWER PLAN
record the following letter received from the
� Metropolitan Council, dated May 19, 1977 :
� On P�4ay 18, 1977, the Metropolitan Council
� received the Comprehensive Sewer Plan from the
City of Orono for its comments and recom-
� mendations.
� If there are questions or if further information
• is needed, the Council will contact your office.
End of letter
� Mr. Bruce Malkerson, City Attorney, discussed STEWART PERRY MATTER
with tlie City Council his letter to Mr. Stewart
�Perry, dated i�Iay 17, 1977, which states:
� I have reviewed your writ of certiorari with the City Council
r of the City of Orono to determine whether or not the city is
interested in any way in discussing settlement of this matter.
�
• As you may recall, after you were tagged for having violated
the Zoning Code, the suggestion was made that as part of the
� possible settlement review, that you apply for the necessary
permits for excavating, grading, filling and placement of
' structures within 75 f eet of the shoreline of Lake Minnetonka.
During that settlement review process, the City of Orono bffered
� to settle the lawsuit with you on February 28, 1977, as follows:
� "Mayor Van Nest stated that in order to do a complete
� job, the lower ties and decking should be removed and
• standard riprap should be installed to the Minnehaha
� Creek Watershed District standards. There is no
question that a mortared wall will not withstand wave �
� action and ice pressure in the spring breakup and
will deteriorate, rir. Perry, would you be agreeable
� to that procedure?
� "Mr . Perry stated that he would prefer to test the �
ordinance in Court.
� "Butler moved, h'elsh seconded, to deny the application
• as presented by Stewart Perry, 2975 Casco Point to
include mor-tared wall.
(Continued)
� •
� R�GULA� MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 52
STEWART PERRY MATTER
(Continued)
y
"Motion, . ayes - 5 , nays - 0 . .
"Butler rnoved, Welsh seconded, to remove lower tier
• of ties and replace with standard riprap (12 inches
to 18 inches) and replace lower wood decking, all sub-
� ject to the other agencies and city engineer ' s recom-
mendation, for Stewart Perry, 2975 Casco Point Road.
�
"Notion, ayes - 5, nays - 0 . "
�
The above final action by the council, as you know, was an �
offer of settlement which you rejected . Since you rejected
� that offer of settlement, this matter proceeded to court at
which time I understand you pleaded nolcz contendere to the
� charge of violating Section 31. 700 et. seq. of the Orono City
Code.
�
. The City Council is willing to offer again that same offer of
settlement to you. If you are willing to so alter the struc-
tures and the shoreline, then there is no need to proceed with
any court proceeding.
If, however, you refuse to accept this offer, then the City of
� Orono will defend its interest in this writ of certiorari and
I have no doubt but that the city will prevail on the merits.
I have no doubt for the following reasons:
+ l. Any discussion that you had with the City Council
� or City Staff subsequent to your having been tagged for being�
in violation of Section 31. 700 was a settlement discussion
� and may not be introduced into any court as it is settlement
discussion. The City Council ' s action of February 28 , 1977,
was nothing other than an offer to you of� a settlement and a
rejection by you of same. The City Council has yet to act on
an application for a variance and conditional use permit for �
� structure that you have erected and for the excavation and filling
that you have completed.
�
2 . I have no doubts but that the regulations of the
� City of Orono related to the restricting of hard cover, struc-
• tures, excavating and filling within 75 feet of the shoreline
are valid. You may wish to review the regulations of the
� T�finnehaha Creek jti'atershed District, the State Department of
Natural Resources and the Army Corps of Engineers, all of which
� are similar to those of the City of Orono.
� .
�
(Continued)
.
'' REGULAR T4EETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 53
STEWART PERRY MATTER
(Continued)
� .
3 . The record .in this matter and the policies and �
reports behind the ordinances under which you must apply,
all support the action taken by the council.
I do not know if you have had much experience in land use
litigation. This firm specializes in land use and environ-
mental law litigation. "
I suggest that you accept the city' s offer of settlement or, as.
I noted previously, the city will litigate this matter vigor- �
� ously at the District Court level and, if necessary, before the
Supreme Court. Moreover, the City will seek the intervention
and assistance of the Minnehaha Creek Watershed District, the
Department of Natural Resources and •the Army Corps of Engineers.
The validity of the City of Orono' s actions and regulations
relating to the preservation of the lakeshore of Minnetonka and �
the watersheds adjacent thereto are of utmost importance to the
city and all the municipalities around Lake Minnetonka. Even
by offering this settlement, the City of Orono is allowing you
to develop your property in a way that no other person has been
allowed to develop his property since the enactment of these
ordinances.
� I would appreciate your immediate response to this settlement
offer so that if it is a negative response we can prepare our
case and proceed immediately.
End of letter
The Liquor Store Lease was deferred until the LIQUOR STORE LEASE
meeting of June 13, 1977.
Mr. Bruce rialkerson, City Attorney, reported on BEDERWOOD PARK
the status of the Conservation Easement for the
DNR at the Stubb' s Bay Bederwood Park.
�
Mr. Bruce Malkerson, City Attorney, presented a SKI TONKA, INC.
� Hennepin County Municipal Court Prosecution
Summary concerning Ski Tonka, Inc, to the City
Council.
A4r. Bruce Malkerson, City Attorney, presented to CHARLES STREET VACATION
the City Council information concerning the Tract B - RLS 1067
� Charles Street vacation, Tract B, RLS No. 1067.
.
, � w
'i2EGULAit MEETING OF THE ORONO COLTPdCIL, MAY 23, 197? Page 54
Welsh moved, MaUor Van Nest seconded, that the LICENSES
following licenses, be approved: Motion,
�Ayes (4) - Nays (0) .
Blackowiak & Son - Garbage Hauler
Dependable Services - Garbage Hauler
Woodlake Sanitary Service - Garbage Hauler
, Butler moved, Welsh seconded, that the Al1 Funds BILLS
Accounts 5376 through 5439 , 19538 through 19539 ,
and Liquor Store Accounts 11927 through 11951,
be paid. Motion, Ayes (4) - Nays (0) .
Butler moved, Paurus seconded, that the meeting ADJOURPdMENT
be adjourned at 12 : 20 A. M. Motion, Ayes (4) -
Nays (0) .
/ / .
. � ' /
�
ti�y
Wil iam B. Van Nest, Mayor
Attest: �
Walter R Benson, Clerk-Administrator
�