HomeMy WebLinkAbout12-12-1977 Council Minutes �
CITY OJ? OROI•JO
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� Regular PZeeting of the Orono Council, 7:�00 P.M.
December 12 , 1977
� The Orono Council met on the above date ��aith the
� followinc� merlbers present. Piayor Van Nest, Council-
mer_�bers Paurus and Pesek. Absent: Councilner.lbers -
� Butler and Massengale. Also present: City Adminis-
trator Benson, Assistant Building & Zoning Administrator
� O1son,City Attorney P�alkerson, and City Engineer Frank.
•
Mayor Van Nest announced that this was the time and PUBLIC f�EARIr1G
� place for a public hearing concerning an arnendment � Ar.iend Ordinance
+ to correct the legal descriptions in Ordinance No. 189 . No. 189
City Administrator IIenson presented the Notice of
� Public Fiearing, the Affidavit of Publication, and
the Certificate of i4ailing. rIo persons were prsent
r for cor:u�ents, r4ayor Van Nest closed the public
hearing at 7: 02 P.rs. Note: it was noted for the
� record that there was an error in the notice of
� public hearing, which was Plat 41327 , Parcel 4617
instead of Plat 41317, Parcel 4617.
Paurus rloved, Pesek seconded, to approve the P�INUTES
� i2inutes of the Regular P�eeting of Nover.iber 14 ,
1977. I'Iotion, Ayes (3) - Nays (0) .
� Councilmember Paurus discussed the Lake P4innetonka
� Conservation District Dock Ordinance. LMCD REPORT
� Applicants were not present for items 5 through 16 I'T_'EP'iS 5-16
and were postponed until later in the evening.
�
� I4r. Alan Olson, Assistant Building & Zoning Adminis- NORTH SHORE DRIVE
- . trator, discussed his letter to P4r. Larry Hork, MARIPdA
� North Shore Drive PZarina, 3222 North Shore Drive,
+ dated Decer,►ber l, 1977, which states:
• At their regular raeeting on Plovember 28, 1977, the
Orono City Council discussed the current status
� of the various agreements made between you and
the City this past year. To date, the City has
� not received executed (signed) copies of either
Resolution #823, authorizing the 1977 marina
� license, or Resolution #830 , granting the dredging
• perr.tit.
� The Council was particularly concerned about the
lacY of fencing around the dry storage racks to
� which you agreed in Resolution #806 and the District
Court Stipulation for Settlement executed on
� July 29 , 1977. To avoid any indication o_f a breech
� of agreement, the Council would like to see the
required fencing installed by December 10, 1977, and
(Continued)
�
�
�• �EGULAR ?1EETIPIG OF THE ORONO COUNCIL, DECI:TIB�R 12 , 1977 Page 2
i pursuant to Article 11 of the stipulation, is NORTH SHORE DRIVE MAR:
hereby calling for you to appear for a public (Continued)
� hearing to discuss the matter at the regular Council
. meeting on Dec�mber 12 , 1977. The City wishes to
be objective about this experiment and to provide .
� you with sufficient opportunity to proceed in good
faith.
�
Copies of Resolutions #823 & #830 are again
� enclosed for you to execute and return to the
City at or before the December 12, 1977 meeting.
�
• �nd of letter
� Council ?�eeting - December 12, 1977
� P�Ir. Larry Hork, representing North Shore Drive
Idarina, commented tYiat he had been in the hospital
• and had not been able to proceed with fulfilling .
+ tlie agreement as originally planned. "I have
ordered the fencing which caas delivered November 30,
• 1977. Fence posts are installed and tlie fence
should be completed within two weeks. I have applied
� for permits from the :�7atershed District and the
PCA and the berriing will be completed by next spring.
I will comply with all the requirements as originally
agreed to and will sign off on all the resolutions. "
�
� P�Ia��or Van Nest commented that when all resolutions
are executed and application for the 1978 marina
� license is received, and because of lateness in
the year, the City would renew the agreement for
� one year, including the requirement to remodel the
slip design rerioving all small slips replacing
• ther;l with parallel slips as Qriginally agreed.
�
i P�Ir. Alan Olson, Assistant Building & Zoning SUBDIVISION
Adr,tinistrator, entered into the record the minutes 820 Brown. Road North
� of the Planning Commission concerning the sub- #317
division for The Farr,l at Long Lake, 820 Brown John Fiart�aell
� Road North, dated Decerlber 5.,� 1977, which state:
� Public Hearing was held as scheduled. Tim Adams ,
. the developer, was present. Approxir.►ately a dozen
neighbors attended the public hearing.
� The Zoning Administrator presented the proposal
+ and displayed the revised plat. The plat consisted
of 24 lots, one outlot, two 60 ' wide private roads ,
� drainage easements , 10 ' wide easement along County
Road #6 , a wetlands conservation easertent and a 33'
� street dedication adjacent to Dakota Avenue along
� the west boundary of the property. During the
period of review, the applicant displayed several
i alternates on transparent overlays. (Continued)
i
•
�
� RLGULAR r1EETING OF TIiE �ORONO COUNCIL, DEC�2IB�R 12, 1977 Page 3
r In reviewing the proposed plat, the Corunission SUBDIVISION
addressed the issues of concern and after much 820 Brown Road ilorth
� discussion� recommended approval of the preliminary (Continued)
• plat subject to the following conditions, and a letter
frorn the City Engineer certifying approval of the ^
S plan and assurance that the soil conditions of
each proposed lot would support a primary septic
* system and an alternate location:
� l. 111ter lot lines between Lots 22, 23 & 24 so all
i three lots will meet the minimum two-acre
area requirement.
� 2. Relocate access road (Outlot B) approach as
� per County Public ��7orks Departr.lent recomrtendation
(approximately 125 ' east of location indicated
� on plat submitted December 2, 1977.)
� 3. Provide 30 ' latitude on determination of location
� of approach from County Road #6 (subject to
approval of Fiennepin County Public [Vorks Dept. ) .
� 4 . Lot area variance of 1/10 acre approved for Lot 10
� if relocation of approach from County Road #�6
results in lot area reduction of Lot 10.
a 5. Approve substandard Outlot A subject to assurance
� of combination with any of adjoining properties.
6 . Ten-foot easement to County along north property
� boundary abutting County Road #6.
� 7. Thirty-three foot right-of-way dedication to
the City along east boundary line abutting
� Dakota Avenue.
� 8. Drainage easements as indicated on plat (condition -
� any drainage easement changes resulting from lot
line alterations require City Engineer approval) .
i 9. Lots 6 , 7 & 16 indicated on plan as lakeshore
� lots do not meet minimur�l 200' shoreline requirment
(would require variance) . Planning Commission
� included the conditions that lot lines between
• these three lots be altered in such a manner to
provide lakeshore for only two lots.
� 10. j�detlands conservation easement over area along
� shoreline as indicated on plat.
� 11. Provisions for access to the lake for the two
shoreline lots - 6 ' wide - location to be
� determined.
�12. Underlying easement to the City of private roads
� (Outlot B and Outlot C) .
(Continued)
�
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�
•� R��ULAR MEETING OI' THE ORONO COUNCIL, D�C�P'CBER 12, 1977 Page 4
� 13. Certification of on-site se�vage disposal SUBDIVISION
systerns for all lots. �ach lot contains 820 Bro�an Road North
f`� adequate area of acceptable soils to support (Continued)
• an adequate primary and alternate soil
absorption system.
S 14. Title opinion addressed to the City.
�
15 . Park dedication fee (2-acre zoning - 2�0 of raw
� land value - 24 lots) .
� Total raw land value = $150, 400. 00
• for 24 lots = 4 , 216. 67
value per lot @ 2�g = 105. 43 - per lot
� P�inimum fee is $250 per lot, therefore ,
� $250 X 24 lots equals total park dedication f_ee
of $6 , 000.
�
� Letter from City Engineer, Greg Frank, dated
December 8 , 1977, concerning The Farm at
t Long Lake, which states:
� "4Je have reviewed a revised preliminary plat on the
subject project. The preliminary plat included
drainage easements, a dedication of 33 ' of right-of-
way along the length of Dakota Avenue, proposed
r drainage patterns, the locations of drainage �
�tructures and a centerline road profile.
� With respect to the submittals, we have the following
cor�unents :
l. Some relatively steep road grades are provided
A (in excess of 7 0) on both 6�est I'arm Road and
� 2lorth Farm Road. One could expect considerable
washing if a gravel road is proposed. ��e would
• not recomrnend slopes over 60 on City streets, but
our understanding is that the proposed streets
� will be private. The developer should strongly
consider blacktopping, but we will not require
� it at this time since the streets will be private.
iiowever, we do recomriend that the drainage
� ditches adjacent to the street be sodded and
• check dams be provided to control erosion along
the highway.
� 2. We have reviewed the Hennepin County soil maps
� prepared for the subdivision. Although some
slopes are excessive (in excess of 120) and
� sorne Glencoe and Hamel soils are present, it
appears that each lot has ample suitable soil
� for an on-site treatment systems .
� (Continued)
�
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+
�
; RE,�ULAR IZ��TING OI' TIiE ORONO COUPICIL, D�CEP4B�R 12 , 1977 Page 5
+ 3 . Hennepin Count�� has expressed some concern SUF3DIVISION
relative to the location of the intersection 820 Ilrown Road North
� oi Pdorth F�rm Road and County Road 6. The , (Continued)
Council' s approval of the preliminarv sub-
� division should be contingent on Hennepin
• County' s approval of the intersection. �
S 4 . The proposed drainage structures were not
sized in the submittals. Before the final
� plat is approved, we recommend that the
applicant' s engineer subrnit drainage calculations
� and detailed plans for our review. "
� End of letter
� Council PZeeting - Decer.iber 12, 1977
�
Mr. Tim Adams corunented that all the proposed lots
� have been platted two acres. •
� Mayor Van Nest reviewed the 15 conditions outlined
� by the Planning Comriission stating that a variance
to the minimum 200 ' shoreline requirenent for Lots 6,
� 7 , & 16 has not been applied for.
Mr. Alan Olson, Assistant Building & Zoning
Administrator, cornr.►ented that two other conditions
� should be met:
� 16. Fiomeowners Association maintenance of proposed
� private street.
17. Developers agreement.
� Pesek moved, Paurus seconded, to approve the pre-
� liminary subdivision request of John Hartwell, '
820 Brown Road North, subject to variance for Lot 6,
` no access to lake, engineers review and approval
and the followirig:
l. Alter lot lines between Lots 22, 23, & 24 so all
� three lots will meet the minimum two-acre area
requirement.
�
. 2. Relocate access road (Outlot B) approach as per
County Public �9orks Department recommendation
� (approximately 125 ' east of location indicated
on plat submitted Decer,tber 2, 1977. )
� 3. Provide 30 ' latitude on determination of location
� of approach from County Road �6 (subject to
approval of Hennepin County Public ��lorks Dept. )
�
� 4. Lot area variance of 1/10 acre approved for Lot 10
if relocation of approach fror:i County Road #6
� results in lot area reduction of Lot 10.
(Continued)
�
�
�
� RI7�GULAR MEETING OF TIiE ORONO COUNCIL, DECE24B�R 12 , 1977 Page 6
� 5. Approve substandard Outlot A subject to assurance SUBDIVISION
of cor,tbination with anv of adjoining properties. 820 �3rown Road North
(Continued)
� 6 . Ten-foot easement to County along north property
� boundary abutting County Road #6 . .
S 7. Thirty-three foot right-of-way dedication to the
� City along east boundary line abutting Dakota
Avenue. '
�
• 8 . Drainage easements as indicated on plat (condition -
any drainage easement changes resulting from lot
• line alterations require City Engineer apnroval) .
� 9. Lots 6 , 7 & 16 indicated on plan as lakeshore
lots . do not meet minimur.i 2 00 ' shore line rec�uirement
� (would require variance) . Planning Commission
included the conditions that lot lines between
'� these three lots be altered in such a manner to
� provide lakeshore for only two lots.
� 10. �letlands conservation easement over area along
shoreline as indicated on plat.
�
11. Provisions for access to the lake for the two
� shoreline lots - 6' wide - location to be
• determined.
�12. Unc3erlying easement to the City of private roads
(Outlot B and Outlot C) .
y 13. Certification of on-site sewage disposal
systems for all lots. Each lot contains
adequate area of acceptable soils to support
f an adequate primary and alternate soils
� absorption system.
� 14 . Title opinion addressed to the City.
+� 15. Park dedication fee (2-acre zoning - 212� of raw
land value - 24 lots.)
�
Total raw land value = $150, 400. 00
� for 24 lots = 4 , 216. 67
value per lot @ 220= 105. 43 - per lot
� Piinumum fee is $250 per lot, therefore,
$250 X 24 lots equals total park dedication
� fee of $6 , 000.
� 16 . Fiomeowers Association maintenance of proposed
private street.
7. Developers agreement.
` Motion, Ayes (3) - ilays (0) .
�
�
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�; REG.�JLAR 21EETING OF TIIE OROi10 COUNCIL, DECEPZBER 12, 1977 Page 7
r4r. 111an Olson, Assistant Building & Zoning SUBDIVISION
Administrator, entered into the record the follo�a- 1550 Sixth Avenue Nort
�ng concerning the subdivision request of Jarnes #323
awrence, 1550 Sixth Avenue North, dated November 21, James Lawrence
� 1977, which states:
� P�4r. Lawrence and Pir. Herfurth were present.
• Discussed drainage plans and 50 ft. road width as
� shown on preliminary plat. Several Comrtission
mertbers indicated preference of 60 ft, road width
� to comply with our policy on roads exceeding 500 '
in length.
� Planning Commission recommended approval of
prelininary plat subject to the following conditions:
�
1. Approval of drainage plans by City Engineer.
�
2. Approval of easements by City Engineer. -
• 3. Providing 30 ft. f_lowage easement alonq creek
route (15 ft. to either side from center of
creek) ,
� 4. Approval of proposed grades and drainage plans
by Watershed District.
��. Council approval of 50 ft. access width (discussed
� policy vs. ordinance requirements) .
` 6. Location of cul-de-sac as revised (further from
� creek and natural drainage) .
/1 7. Completion and recording of Doug Dayton' s proposed
division.
�
. 8. Park dedication fee.
{� 9. Title opinion addressed to the City and approved
by City Attorney.
�
Council t-?eeting - PJover.tber 23 , 1977
�
• Presented Planning Comrnission recorunendations and
new letter of drainage, soils and slopes review by
• Greg Frank, of P�cCombs-I:nutson, dated Plovember 28,
1977. Stated that Planning Commission was unaware
S of the engineer' s comments when their action was
made. Road to be private outlot.
�
Requested soil evaluation by Hennepin County Soil
� �onversation District and on-site evaluation by
+ �pplicant' s engineer. Tabled until meeting of
Decer,iber 12 , 1977 �ending information. (Continued)
�
�
�
•
� R�GULAR i7E�TIr1G OF TH� OROPJO COiJP1CIL, DECEPIB�R 12, 1977 Page 8
� Staff - Novenber 29 , 1977 SUBDIVISION
1550 Sixth Avenue NortY
� Council has referred this proposal back to the (Continued)
Planning Commission for reconsideration. The
� City �ngineer report indicates some possible
• problems. �
� I contacted Gordy Coffin for several additional
copies of the proposed subdivision so I can forward
� a copy to the Hennepin County Soil & Water
Conservation District for a soil map and report.
� I ar�1 including this iten on the agenda as an
i action item if reports are received in time for
�lanning Commission review and recor:unendation,
� Council P4eeting - December 12 , 1977
�
P4r. James Lawrence, b4r. George Boyer, Hickok
� & Associates, and PZr. Doug Carney, re}�resenting
i t�r. Lawrence, were present to discuss the proposed
subdivision and to review Exhibits #l, Soils P�ap;
and Exhibit #2, HicYok & Associates review of the
proposal.
r��r. Alan Olson discussed his memo of December q ,
1977, which states:
y Receipt of owner' s engineering report and soils
. report from Hennepin Soil and Water Conservation
District.
� Very brief review of above information:
�
Lot 1 - boring and perc' s uphill of house on
� 12% slope - possible sidehill seepage
concern. Fiouse located on 24� slope -
� riajor erosion concern
• no driveway indicated
flat . area of lot is Glencoe loam
critical lot factors indicate close
review of this site
�
Lot 2 - boring and perc's on 6 - 10 o slope very
� near to Glencoe loam indentification
� Lot 3 - boring and perc' s on 20o slope leading to
. creek and drainage easement - i*►easures
60 feet between house and easement; all
� sloping
water table above 7' indicates mound design
� perc rate unacceptable 120 mpi. (mound does
not alter perc rate)
�
(Continued)
�
�
; R�GULAR PIEETING OF TIiE ORONO COUNCIL, DECF.P4BER 12, 1977 Page 9
Lot 4 - boring and perc' s on 7� slope leading to SUBDIVISION
creek - measures 80 ' between house and 1550 Sixth Avenue North
yeasement. (Continued)
• water table above 7' indicates mound design
no access indicated - requires culvert over
i creek to new cul-de-sac or to west easement. �
� Lot 5 - existing house - perc' s taken on slope of
approximately 4$ - very slow rate indicates
� saturated soil near existing drainfield area.
lhis is also, theoretically, the better soils
on this tract_
+ Lot 6 - boring and perc' s on l0o slope in Fiar.iel loam,
� not Iiayden as listed in the Iiickok letter.
very high water table indicates special mound
� design
� . Lot 7 - boring and perc' s on l0o slope
water table above 7o indicates mound design
no driveway indicated
Lot 8 - boring and perc' s on 5% slope - perc
rate marginal 60 mpi -
no driveway indicated, but 20o slope between
road and house.
� On all lots, only two perc tests taken, some marginal,
• others failing. Before construction, our ordinance
requires at least six perc tests and a design layout
� respecting the slopes and showing both a primary
and an alternate site for each house. I suggest
� that more thorough investigation be done before
apProving Lots 1 & 3 due to the many problems
� apparent on these sites.
Mr. Greg Frank, City Engineer, reviewed his letter
• of ilovember 28, 1977, which states :
Letter Pages 11 & 12
� P�Iayor Van Nest corunented that it appears frort staff
reports that sorie of the lots as outlined in Asr. Olson' s
report are questionable for on-site di�posal systems
and should be cortbined with other lots to assure
satisfactory on-site disposal operation.
� P�ir. Gerg Frank commented that he had not reviewed
� applicant' s engineering reports and soils reports.
Mayor Van ilest moved, Pesek seconded, to direct staff
to submit a resolution approving the preliminary plat
� of James Lawrence, 1550 Sixth Avenue Tlorth, for approval
, at the January 9 , 1978 Council meeting including the
following conditions :
(Continued)
� R�GULAR MEETING OF THE ORONO COUNCIL, DEC�PSBER 12 , 1977 Page 10
l. Drainage plans, easements, cul-de-sac location, SUBDIVISION
erosion control and street gradients shall be 1550 Sixth Avenue North
� approved by the City Engineer. (Continued)
� 2. Drainage plans and erosion control measures ,
shall be approved by the Minnehaha Creek
Watershed District.
�
3. Access shall be by a private road developed
� within a 50 ft. wide right-of-way with an
underlying access easement dedicated to the
City and with the location approved by the
• Hennepin County Public �Vorks Department.
4 . The Douglas Dayton subdivision shall first be
finally approved and a receipt of recording
� delivered to the City. J
� 5. The new division shall consist of 6 lots
(Lots l, 2, 3, & 4 combined, 5 & 6 combined,
7 & 8 as shown on the revised November 30 ,
1977 proposal) .
6. Further conbination of Lots 1 & 2 shall be
required if the applicant fails to satisfy
the City Engineer with satisfactorv septic
system site evaluation for said lots.
� 7. The applicant shall execute a 30 ft. wide
� flowage and conservation easement along the
existing Holy Ldame Creek.
� 8. The applicant shall execute and deliver a
road and utilities easement, a developers
agreement, and a homeowner' s association
• agreement, articles of incorporation and/or
by-laws.
S 9. . The applicant shall provide a title opinion
addressed to the City.
10. The applicant shall pay a park dedication fee
based upon the standard City schedule.
• 11. The applicant shall agree to the requirements
and conditions of this resolution and so
� signify by signing the resolution where
provided.
�
Motion, Ayes (3) - P1ays (0) .
�
_ �
, " , Page 11
...,:3��-�-� McCOMBS-KNUTSON ASSOCIATES, INC.
, J��� � -. COtiSUL71NG ENGINEERS t7 LAND SURVEYORS E! SITE PIANNERS
� `i��.:.._�;��`.�-�� Y.�_
November 28, 197? • ��
• _�,�' � � d�.
- . ..�.� � -
Aank Muhich � _
City of Orono = — �----
P. O. Box G6
Crystal Bay, Minnesota 55323
Subject : Preliminary Subdivision
James Lawrence Property (rr323)
. Dear Hank:
On November 11, 16 and 21, I received additional information
on the subject project from Gordon R. Coffin Co. , Inc. I am
of he opinion tbat tbe proposed subdivision is not acceptable
and have tbe following comments: -
1. Access to Lots 4 and 5 appears to be through a private
road extending from County Road No. 6 �o the west lot
� lines of Lots 4 and 5.
2. The dry buildable lot sizes for Lots 3 and 4 are based
on the gross lot area which includes the �reek that drains
through those lots. In the November 21 -�ubmittals, a
20-ft. drainage easement was shown along the entire length
of the creek. . �
- 3. A large portion of the soils in the subdivision have been
� classified as Ha.mel or Glencoe soils. These soils typically
are encountered in areas having very high water tables. In
� the case of Glencoe soils, the ground is frequently ponded.
Both of these soil types are unsuitable for septic systems.
4. Nearly all of the subdivision that is not classified as
Hamel or Glencoe soils bas slopes in excess of 12�. Again,
these areas are not recommended for on-site septic systems.
An estimate of unsuitable soils for on-site septic system
� by lot is as follows: �
Lot 1: 50�, Glencoe soils and the remaining 50% has
� slopes in excess of 12�',.
Lot 2 : 30p Glencoe soils and 50°G has slopes in excess
of 12�.
• Lot 3 : 40;�6 Hamel soils and tbe remaining 60ro has slopes
in excess of 12p .
� 12SJ5 OLSON MEh10R1AL HIGH�VAY, h11NNEAPOLIS, MINNESOTA 55441 TELEPHONE (612) 5593700
71 NORTH MAIN STREET, HUTCHINSON, MINNESOTA 55350 TELEPHONE (612) S79-S029
SOUTHWEST ENGINEERING DIVISION, MARSHAIL, MINNESOTA 56258 TELEPHONE (507) 532-5820
. , � � Page 12_
• • ' 4��J �
Hank 1�Suhich r �
I
November. 28 1977 `Q �a � .� �
, �
� Page �vo �
Lot 4 : 40o Hamel soils and 35� has slopes in excess ,
of 12�.
Lot 5: 20� steep slopes with a small pond. "
Lot 6 : 30-40°�� Aamei Soiis. . �
Lot 7 : 70-80ro has slopes in excess of 12�.
Lot 8 : 70-80% has slopes in excess of 12�.
By copying this letter to A4r. Gordon Coffin , I am requesting •
that be submit two copies of his November 21 submittals to you.
Very truly yours, .
McC �iBS UT � N ASSOCIATES, INC.
,
G g r nk, P.E.
� GF:ts ,
N
�
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�� R�.GULAR i4EETING OF THE OROr10 COUNCIL, DECEPiBER 12 , 1977 Page 13
Mayor Van P1est announced that this was the time PUBLIC IiEARING - 8 : 00
and place of the public hearing concerninq the Sandy Beach Area
� Sandy Beach swimming area petition. City
Adr,iinistrator Benson � presented the iJotice of
Public Hearing, the Affidavit of Publication, _
and the Certificate of PSailing. P2ayor Van rdest
asked if anyone present wished to be heard.
Petition attached - Pages 18-21
Mr. Lee Tomlinson; Park Commission Chairman,
reviewed the Park Commission' s action c�ated
September 20 , 1977, which states :
"Discussion of the petition regarding the
request to close "Sandy Beach" led to a motion
recorunending that the beach not be closed, but
that the following actions take place:
a .
l. Close off vehicular access to the immediate
beach area with additional posts or a pad-
* locked chain.
2. Closer police scrutiny of the area during
summer hours to enforce existing regulations
as posted at the beach.
� Motion was passed"
Mr. John T. Iiartman, attorney representing the
petitioners stated that:
l. Petitioners:
a. Mr. & P-'irs. f�oward White
, b. P�'ir. & Psrs. Richard Oliver
c. Mr. & P�irs. Franz Reinhardt
d. Pdr. & rirs. Gale Landberg
2. Petitioners live adjacent to or in close
proximity with "Sandy Beach Swimming Area"
located at the intersections of Cherry and
1•iaple on Tlorth Arm F3ay.
� 3. Copies of Petition to members of City Council.
4. Reasons for seeking closure of Sandy I3each:
a. Constant high volume of noise
b. 2 : 00 a.m. and later
c. Disturbs sleep
d. Disturbs all day and night activities of
Petitioners
(1) Disturbs guests, T.V. viewing, and any
other type of activity carried on in
the hor.ies.
(Continued)
� .
! REGULAR MEETING OF THE OROt10 COUNCIL, DECEP4B�R 12, 1977 Page 14
� e. Beach used as a hang-out by teenagers--late PUBLIC HEARING
� night parties (including beer and marijuana) ; Sandy Beach Area
(Continued)
� f. Adults and children continually shout pro-
fanities . Petitioners, their children,
� their guests , and business guests are �
continually subjected to this;
� �
g. Frequest trespasses and invasions of privacy
�
• (1) Window peeping
(2) Broken windows
S (3) Theft of property kept in yards , boats
and garages;
� (4) Intrusions into mailboxes;
(5) Litter, including beer and pop cans,
� broken glass , underwear, feminine
• sanitary napkins, potato chip boxes
and all kinds of food containers; _
� (6) Dogs roaming through yards and terrori-
zing petitioners , guests and children.
+ Dogs defecating .in yards ;
(7) Children playing on Petitioners ' boats
� and docks;
(8) White experienced a broken boat wind-
� shield;
(9) Broken yard lights;
� (10) Tree branches broken from children
� swinging on them;
(11) Cars making "U" turns in their driveways.
�
h. No lifeguards or other supervisory personnel
� assigned to Sandy Beach.
� (1) Parents drop off children for the after-
� noon and leave them unattended;
(2) No bathroom facilities so children go in
e; lake, and on property of Whites and
Olivers or right on the beach; .
� (3) Petitioners often hear screams of terror
and run to the beach in fear that a child
V is drowning--a rather unsettling experience
which continues through the stunmer months;
�
� (4) The City has signs which prohibit
� a. Fishing
b. Boats and launching
7 c. Pets
d. I'ires
� e. I'ood
' f. Littering
g. ParY.ing
� yet, regulations are violated dozens of times
� daily by adults and children who use the
beach.
i
, (Continued)
�
� , REGULAR P4E�TING OF TFiE OROtJO COUNCIL, DECEt4F3ER 12 , 1977 Page 15
� i. Parking--par}:ing is prohibited noL only PUBLIC HEARING
� at the beach, but on both Cherry and Plaple Sandy neach Area
Avenues, however, parking regulations are (Continued)
� flagrantly violated every day. Streets are
very narrow in this area and parking on
` them makes travel very dif_ficult. Cars �
are alwavs parked in the beach area itself.
!
j . Fire hazards: there is no f_ire hydrant in
� or near the vicinity of the beach area. This
�, serves to create a real danger should any
homes in the ir.u�ediate area around the
� beach catch fire. Fire trucks would not
only have difficulty getting through on
� the streets with the parked cars, but would
also have difficulty using the beach to
* draw water from the lake. There are simply
• too many people using the beach and too
many cars parked there to allow an imr:iediate _
' response by the local fire deoartment to
homes in the area close to the beach. This
� Sandy Beach area formerly was designated
as a fire lane by a sign put up at the
` beach. If this area is now a fire lane,
the City is violating its own regulations.
r
k. Snowr.iobiles--frequent use of the beach area
� during the winter for access to the lake,
� including late night caravans.
` l. Swimming classes--rtaintained by the
Upper Tonka Council, Inc. which corunence
• June 15 and run through August 7 each
i year from 1: 00 to 4 : 00 p.m. , five davs a
week. In 1977, 33 children attended the
• swimming classes and ranged in ages fror.i
5 to 13 years.
�
5. Private iduisance
�
a. The V�hites , Olivers, Reinhardts and
� Landbergs have suffered an unreasonable
. and intolerable interference with the
enjoyment of their property due to the
• activities at the Sandy Beach. Their
privacy, sleep and any other reasonable
� use o� their property is wrangfully
interfered with during the sw?uner
� months , and even in the winter months
with the snowmobilers.
�
a b. They face serious fire and health hazards
due to the use of the beach by the public.
� (Continued)
�
�
�
� �
� � REGULAR IZEETIrIG OF TIiE ORONO COUNCIL, DECEP1BrR 12 , 1977 Page 16
t' c. Their property, if not rendered unmarketable, pUBLIC FiEARING
� is certainly lessened in value due to the Sandy Beach
beach area. ZJho wants to buy a house (Continued)
� next to or near these kinds of problems?
w d. Police enforcement is ineffective.
� e. The City of Orono, who is charged with
• responsibility for control and regulation
of the beach area, has not only permitted
� these conditions to exist, but has allowed
them to increase over the years as public
� use has increased at the beach.
� f. In February, 1977, the Orono City Council
declared that the private feeding of wild
� ducks in Orono constituted a Public nuisance
` under the Orono ordinance in that it
unreasonably annoyed, injured and endangered _
� the health, safety, and welfare of the
people who live in Orono. The problems
� that the pa_titi�ner� face c•aith the beach
area are certainly greater in magnitude
� and seriousness than those of duck defecation.
t In fact, the City saw fit to comr.ience a
criminal prosecution against an Orono
� resident who allegedly fed wild ducks in
his own back yard. It would be totally
� incongruous for the City not to clean up
its own act with regard to the Sandy Beach
� area �ahile it prosecutes those who it
maintains engage in activities far less
• serious.
� c�. Piinnesota Statutes S561.01 provides as follows :
� "Anything which is injurious to health, or
�; indecent or offensive to the senses , or an
obstruction to the free use of property, so
� as to interfere with the corr:fortable enjoy-
ment of life or property, is a nuisance. An
• action may be brought by any Person whose
+ property is injuriously affected or whose
personal enjoyment is lessened by the nuisance,
and by the judgment the nuisance may be en-
joined or abated, as well as damages recovered. "
�
It is clear that both under statutory and judi-
� cial definitions , Orono is naintaining a private
nuisance at the Sandy IIeach area with regard to
� the petitioners.
� 6 . Alternatives
a. There are many other beaches in the near
� vicinity, most of which are not only roped
off, but also have lifeguards which adults
� and cliildren could use. (Continued)
r
� �
` RrGULAR MEETING OF THE ORONO COUNCIL, DECE2IBER 12, 1977 Page 17
f b. Alternative Beaches PUBLIC HEARING
� Sandy Beach Area
l. P'Iound by Surfside (includes lots of_ (Continued)
� parking) 5 to 10 minutes from the
Sandy Beach area;
t .
2. �Jayzata (by the boat works) 5 to 10
� minutes from the Sandy Beach area;
� 3. Park Point (5 to 10 minutes fror.l the
� Sandy Beach area--no swiruning classes
here presently) ;
� 4. Casco Point (5 to 10 minutes from the
� Sandy Beach area) ;
� 5 . Carman' s Bay (about 5 r:linutes from the
Sandy Beach area) ;
�
, 6 . Excelsior (5 to 10 minutes from the
Sandy Beach area) ; .
•
7. Pool at tSound High School (currently
� sponsoring classes of up to 300 people) ;
� 8. There is also a hugh public access area
+ located at the channel between North Arm
and Crystal Bay which might be used as a
� public beach.
� COiJCLUSION
♦ The City of Orono is no less accountable than are its
* own citizens when it comes to violation of and unreason-
able interference with the enjoyment of private property.
� The City of Orono is required, just as a private citizen
� is, to abate a nuisance if it is the one who maintains it.
The City maintains a private nuisance at the Sandy Beach
� area.
� Petitioners respectfully request the City Council to �
i close the Sandy Beach area to the public.
! P�Zr. Hartman also presented a plat map showing the area
in question.
i The following residents of the area cornr.lented on the
� beach area:
"s P'Irs. Loren Fritz, 3845 North Shore Drive: wants free
? recreation for kids; has taken her kids there for
seven years; feels there is adec�uate adult super-
' vision. (Continued)
�
�
�
� � . .
�, , Page 18
�
�
�
� �
� PETITION
•
TO: Orono City Council �
• City of Orono
County of Hennepin
State of 7;innesota
�
� The undersigned property owners, whose homes lie
adjacent to or in close proximity with a certain 60-foot
�
strip of lake public access area located at the intersection
� of Cherry Avenue and Maple Place in the City of Orono,
County of Hennepin, State of Minnesota (referred to herein
�
as "Beach Area"), hereby petition the Orono City Council for
� the closure of said Beach Area.
� Petitioners seek the closure of the Beach Area on the
grounds that it now, and for several years prior hereto,
• constitutes an unreasonable interference with the enjoyment
,. of your Petitioners' prooerty in the following respects:
l. High levels of noise constantly being emitted from
� said Beach Area, often until 2:00 a.m, and later,
• unreasonably disturbing not only sleep, but other
day and nighttime activities of your Petitioners.
�
During the daytime, swimming classes which are
Cheld at the Beach Area create much of the noise
- emitted. Also, many adults, young adults and
� �
children attend the area for swimming, partying,
� and use the Beach Area as a hangout. In the
evening hours, the loud noise comes from adults
�
and teenaged youths who hold parties and other
� group gatherings where alcohol and marijuana are
� often consumed, frequently into the early morning
hours.
�
�
•
�
�
i
•
•
•
�
` � Page 19
i
'r
.
. -
• 2. hdults and children who use the Beach Area con-
' stantly shout profanities. Your Petitioners,
their children, and their guests, are subjected to
• hearing this type of language at all hours of the
� day and night.
� 3. Youz Petitioners' property is repeatedly tres-
passed upon and their privacy is invaded at all
� hours of the day and night_ As a result, your
� Petitioners have experienced:
� " window peeping;
• broken windows;
• theft of property kept in their yards,
boats, and garages;
• great amounts of litter (e.g. beer cans,
pop bottles, potato chip boxes,
� underwear, feminine sanitary napkins,
broken glass) left in their yards;
intrusions into their mailboxes;
• large dogs brought to the Beach Area
• roaming through their yards and
terrorizing their young children as
well as your Petitioners;
� children riding bicycles through their
yards;
. children getting into your Petitioners'
boats and playing on their docks;
• branches broke off their trees from
_ - children swinging on them;
• automobiles entering their driveways
for "u-turns", and,
• broken yard lights.
.� 9. There are no lifeguards or other supervisory
personnel assigned to the Beach Area. Many
• children are simply dropped off by their parents
• at the Beach Area to remain for the day. Children
�
�
• -2
�
�
�
�
�
�
� r Page 20
s
�
�
� '
� are o:te�i seen urinating on and around the Beach
� Area due to to the fact that there are no outdoor
toilet facilities. Signs posted at the Beach Area
• prohibiting conduct, for example: "No Swinur�ing
• Allowed 10 p.m.--6 a.m."; "No Littering"; "NO
Launching of Boats"; "No Fires or Food Permitted";
• "Do Not Block Driveway"; and, "No Parking Any
iTime", are re�eatedly ignored, and violations
occur on a daily basis.
�
- 5. Great numbers of automobiles are parked ctn and
� around the Beach Area, blocking driveways and in
� violation of posted parking restrict�ions. Orono
police have failed to enforce these parking
• restrictions and the violations thezeof. This
� fact also serves to create a fire hazard to your
Petitioners in that fire trucks would have no
� means of getting close to burning houses in the
• area surrounding the Beach Area.
As a result of the above-referenced activities occur-
• ring in and around said Beach Area, your Petitioners have
` suffered an unreasonable interference with the enjoyment of
� their property. As a result of the City of Orono's main-
tenance of said Beach Area, Petitioners face the strong
� likelihood that the market value of their property has and
� will continue to decline. The City of Orono, which is
responsible for control and regulation of the Beach Area,
� has maintained and permitted conditions to exist at the
• Beach Area which unreasonably annoy, injure and endanger the
safety, health, morals, comfort and repose of your Petitioners
�
•
•
� -3-
�
�
�
�
�
�
� { Page 21
�
`r
.
. -
• who live edjacent to or in close proaimity with the Beach
� Area. For these reasons, we request that the Beach Area be
closed to the public.
� kespectfully submitted,
�
• / —`-'�----- —
� Address: ����"�' , - , - ' " -
� , _ - ,� � � _�_ _
� �ated: �--� ---- ------
'� �"�,���1,/ .�� �'' ��
,
. Aaar�s5: /�-�!:`�irc/�-.,Ill�-E.
-//. , �{ '/,_':-�»�z
�' Dated: ,�I�� �,� in i;�
� - „ % ,
, - :�,.z . ,
� ,
` ' �:' � 'Ci.nn,y �..' . �.-., .
Address:
•
� Dated: __ :,s-: , .` ��'
-�,�-�� ��.i.���L✓� c �-.G�
� A �
a y� e= (�kr� C%_� C;,•.-__.,.�.
� Address:
• � Dated: �L'/�"�
�-�--r
�
•
•
.
•
•
• -4
�
•
•
� '
�
�
�
� REGULAR MEETING OF TFiE ORONO COUNCIL, DECEt�iBER 12 , 1977 Page 22 �
i t2rs. Purvy, 3926 Cherry Avenue: second house from PUBLIC IiEARING
beach; never thought kids were a nuisance; 25 year Sandy Beach Area
� resident; cor�plaints are surprise; C�hite and Olivers (Continued)
w moved in after beach was open; says ducks worse
than kids; does think better policing would help .
� resolve the problem.
� Jir.1 Erickson, 1361 Pdorth Arm Drive: against closing;
� but does agree with complaints; wants better policing.
� Catherine P4iller, 1635 Shadywood Road: eleven-year
user; says beach peaceful and beneficial to the area.
r
John Anderson, 4191 North Shore Drive: has never
` seen probl�ms; his kids all use the beach; does
want dogs picked up; •.has only seen 20 Y.ids at one time.
�
� ICaren Norum, 1675 Shadywood Road: enjoys peaceful
beach; could be better if neighbors were cooperative. _
� Bob P�axfield, 4175 Plorth Shore Drive : used beach for
� five to six years; sees no problems.
w Swir.uning Instructor: says people on right of swimming
beach also used profane language to kids.
�
• Jack Gallagher, 4000 North Shore Drive: suggests
staggering swimming hours and lessons.
� P�Iayor Van Nest reviewed for the record the following
� cor,unents from staff and other residents :
r John R. Gerhardson, Public 4Jorks Coordinator, memo
i dated December 7, 1977:
� On December 7, 1977, I checked with the Tract Index
Department at Hennepin County in reference to the
a Sandy Beach swim area, (P�iaple Place) .
� According to their records, all streets and alleys
were platted and dedicated on Noveriber 6 , 1891 for
� that area.
� I have checked our records to try to determine
� when the extension of P�Iaple Place was dedicated
a public access or a swim area, and can find
A nothing.
� According to Mr. Fred Soule, Program Director of
� the Upper Tonka Council, Inc. , the area was
unofficially dedicated as a swimr,iing beach in 1956-
. 1958 and officially in 1960.
� All of the above information has been passed on to
P4r. John Hartman, of Piaun, Hazel Attornevs at Law.
, +
End of Piemo (Continued)
�
�
�
� REC�ULAR t�iEETING Or THE ORONO COUP7CIL, DECErlBER 12, 1977 Page 23
S Melvin Kilbo, Chief of Police, memo dated PUBLIC HEARING
�September 8, 1977, states: Sandy Beach Area
(Continued)
� I have reviewed the petition dated August 17,
1977 and I have riade an on-site inspection and
� reviewed the police files.
� I found one complaint dated June 8, 1975 at
• 01: 46 A, t2. from P4rs. �ahite of 3908 Cherry
Avenue. She reported swimmers at the beach.
` The policeman found four teenagers leaving the
area and informed ther,t there was no swimr.►ing
� after 10: 00 P.rs.
� I found another complaint dated July 3, 1976
at 11: 14 P.P�4. from Howard �ahite of 3908 Cherry .
� Avenue regarding swimmers. The swir.►mers left
. when the police asked them to leave.
� I found two complaints in 1977. The first one
was on June 12 , 1977 at 01: 51 P.P�, from Howard
White. The complaint involved a jeep stuck on
the beach. The owner had called a tow. A
� citation for launching at the public beach was
• issued as the beach was clearly marked. The
second complaint dated June 26, 1977 was from
+ Mrs. White of 3908 Cherry Avenue regarding dogs
bothering swirslers. The officer requested one
� person to remove her dog from the water. No
other animlas were seen.
�
These are the only complaints on file in our
office. From the police department' s view,
. this area does not seem to warrant closing
of the beach.
� End of inemo
�
Letter from Psr. & Pirs. D. R. O' Reilly, 3928 Cherry
� Avenue, dated December 5, 1977, which states :
� We are totally against the closing of the Sandy
* Beach swim area. We live two houses down from •
it and have never found it to be a probler.l.
When you buy a house next to the freeway because
� the price is right, you can be sure they aren't
going to close the freeway because you complain
� of ttie noise.
� Many people in the area do not have lake shore and
� this is a very convenient place for them to enjoy
a swir_Z. �;Yhat about the kids who cannot get other
� places to swim and the importance of their swim
lessons. (Continued)
�
�
s . .
�� REC�iJLAR 2�ETING ;OF TI�� ORONO COUNCIL, D�CEt2B�R 12, 1977 Page 24
Olivers and Whites cane to the area about the PUBLIC IiEARING
same time we did. [��hen they purchased their homes, Sandy Beach Area
�he beach sign was there as plain as day. We, (Continued)
� also, were told about the beach and the availability
of swir.► lessons for our boys. We considered it
� an asset then and still do. �
� We would also like it brought to the Council' s
attention that last summer Dick Oliver' s dock .
� appeared to be next to or on the dividing property
� line thus breaking the L'1CD law stating you have
to build your dock 10 ft. from the property line--
� unless special permission has been granted. We
complain because there are big crusiers there
� that come mighty close to the swim area. I saw
the cruiser docked next to the beach back out on
� autor.latic while the only person aboard sat on the
a bow talking to sor.leone on shore and at the time,
kids were swiriming and the markers were not up.
� It is public land for public use; how can they
close it?
End of letter
� Letter from P4ary Opheim, 1430 Cherry Place,
dated Deceriber 8, 1977, which states:
� We understand you have been asked to close the
Sandy Beach fire lane. We hope you will study the
� situation enough to realize what a great loss
. this would be to many, many families in a large
neighborhood.
� Its summer use as a swim beach and for lessons has
� existed for years. �Jith so few public beaches on
the lake and no others in the neighborhood, it would
seem a step backward to deprive the area children
who don't live on lakeshore of this access. They
� are the prime users of the beach and need this
� safe, local facility.
� We do live on the lake, about five lots from Sandy
Beach and I have been there during lessons. The
+ rule I 5a�� ignored was dog leashing. That seems
to be a year-round problem everywhere and we need
� stiffer fines !
� We are aware of another potential problem because
+ we lived near the Coffee nridge fire lane when it
was closed to snowmohiles several years ago. The
� difficulty there stemmed fror.i heavy traffic between
Cry�tal Bay and G�est Arm, narrowness of the lane,
closeness of houses to the lane and the fact that
the houses had been there before the snowmobiles.
Also that lane was inappropriate for a neic�hborhood
swin beach and hadn' t been used as such. ��Je can' t
imagine that Sandy Beach has tlie same factors involved.
(Continued)
� "
� R�GULAR P7EETING OF TH� ORONO COUNCIL, DECE2iBER 12, 1977 Page 25
/ Thank you for being concerned about the welfare of PUBLIC IiEARING
� all Orono citizens , Sandy IIeach Area
�
End of letter (Continued)
� The Public Hearing was closed at 8: 50 P.P4. �
� Discussion followed.
� Councilmember Pesek: Ple should review the
, petitioners comments.
` Councilmember Paurus: We should possibly review
the beach area in question.
1
Mayor Van Nest: I believe the City should deny the
� petition to close the beach area and request the Park
, Conmission to reconunend controls such as gates and
signs regulating hours, closing time, and dogs. _
� Pdr. Dick Oliver: Who will control the kids?
�
Mr. John Hartman: 4�ho will prosecute? Who will
� respond? ��7e want action now.
� Mayor Van Nest: We will provide service but we
� need you to call the police department when there
is a problem. Our records indicate tl�at there have
� been few complaints on the area_
� Mrs. Fritz: The petitioners either have their own
beach or they have no children! The beach area
� serves r�lore then the residents next to it.
� Councilmember Pesek: I feel we should review this
' next summer and possibly consider fencing and a - .
lifeguard.
�
Pesek rmoved, �aurus seconded, to deny petition to
� close the Sandy Beach swimming area based upon no
records to substantiate petition, and to request
1 staff and Park Corunission to close area to vehicular
' traffic and snowmobiles, install gate, and to install
signs regulating hours, use of area, and parking/ with
� Council review September, 1978. rZotion, Ayes (3) -
Nays (0) .
�
� Mr. Cliff French, Hennepin Park Reserve District BIG ISLANli
� Superintendent, cor,unented on the District' s plans #309
to acquire Big Island as a recreation area. The Durwell Vetter
� long range acquisition plan would be staqed in three
phases:
�
, (Continued)
�
�
s �
' RE�ULAR r1�ETING OF TIiE ORONO COUNCIL, DrC�MI3ER 12, 1977 Page 26
l. Gridley property and the Veteran' s Camp. BI� ISLAND
2. Acquire lots or land with no structures. (Continued)
�3. Lots or land with structures.
This acquisition plan will take 30 to 40 years when
! Park District funds are available and �•�hen land �
and structures are put on the market.
runds are available now to purchase the Gridley
� property now owned by P�r. Durwell Vetter. I
have been instructed to negotiate for the property
and will initiate an appraisal sometime after the
• first of the year. �9e would prefer to deal with
this particular property now, rather than after it
� has been divided.
� I�Iayor Van Nest corunented that the City of Orono is
not interested in seeing any of the land on Big
Island condemned for Park Reserve acquisition and
• would rather see the Park Reserve purchase land
and buildings as they are put on the market b_y willing
sellers. i�r. French stated that this would be
the Park Reserve' s intentions.
<
Mr. Owen Nelson, representing P!Ir. Vetter, commented
that P�r. Vetter has rlade a sale and contracts are
out. P�r. Gridley cor_unented that the Park Board
has had five years to purchase the Gridley property.
• They turned down riqht of first refusal.
Pdr. French: No, that is not true. The P�Ietro Park
Cor�unission had right of first refusal, not the Park
� Board.
Mr. Owen Nelson, PZr. Roberts and Pir. Kilbane have
. agreed to purchase the property from tir. Vetter
which was the Gridley property. I do not want
this division delayed.
Pdayor Van Nest: This division has come to us
through normal channels. We are not delaying this
� division. It is consistent with our land use plan.
Councilmember Paurus: We should table this
• application for the Vetter division until further
information is available.
� Mayor Van Nest: I had a telephone conversation
� with Psr. Kilbane. He has signed a purchase agree-
ment and will cooperate with the Park Reserve in
� purchasing this land and his parcel with a residence
on it.
�
DZayor Van Nest reviewed City Attorney P�Ialkerson' s
letter of December 9, 1977, which states :
Pages 27 & 23 (Continued)
s � .
Page 27 -
� �
FCPHAI�1, I�AIK, SCHNOE3RICN, KAUF-MAN c4 DOTY, LTD.
' '.ti�A"N C G �-G''!A M a?c a �D 5 C C N l E R
� R�.-...Cn7 A. t-�iK . •
c-o���F » sc��.ceR�CN MItiNEQPOLIS, tdN 55402 16:2) 335-93�1
GCr:vLF M.R.UrNAN
G���D 5. D0T7 p 7RFCOPIER
P�9LGT A, MINtSM f Dccember 7� 1977 16�2)339-56302� -
Folr[ A.wC�GEN E
• G. n•.wuC v:'+n C'+E�D t . '4
EaVCE D.wi�L15 L
f aE DLR�CK S. G�Gi-,.tFDS 3
f �
FC'�'�t0 C. E��pUiST ,
G. FCBE�T ,J�,HNSON �
G�.Rv F. K�CC�+9ER ' �
� FCSERT S B;;RK
fGEDCaiCK C E�OWN
'.9F+VCE C. v.s.�.n��zSON
J.�MES R. S7C�LEN '
=.tMCS B. �OCr,!�aRT
�tLCN v`'. �titiDC��c�cER
� CItF�C�+C w�. G.�fCNE
D. V✓ILIIF,N. N.A:JrN,GN
DC S�'l L.PE�E PSON
•
TO: i✓ayor Wi lliam B. Van Nest
Ci ty Counci L�r��;��bers
RE: Aooption of an official map
S Our File Nw-nber 3643-047
De-ar Nayor and Councilmc���bers:
The City Council at its last meeting directed the City Attorney
to review the r�quir�,��ents for the adoption of the official map,
esoecially in recard to the proposed development on Big Island
in Laxe N,innetonka. Ir,stead of providing you with a memorandum
� from this office outlining the procedures, etc, relating to the
acioption of the official map, I have enclosed herein a copy of
the League of Ninnesota Cities ' rnemorandum on official maps.
� As noted therein and in the statute, an official map cannot
be adopted until a major thorougnfare plan and a community
facilities plan have been adopted. The City of Orono has
neither. Although a "major thoroughfare plan" is not defined
� in the statute, �he general intent thereof can be gleaned from
� a reading of the definition of "transportation plan" which is
included herein.
The definition of "co���munity facilities plan" is also included
� herein. I recc��Jnend that the City Council consider directing
the city staff to develop the transportation plan, communi-
ties facilities plan and capital irnprovement plan as soon as
possible so that the official map can be adopted thereafter.
Tne above plans are necessary in order to achieve other land
� use planning objectives. These items should also be included
and related to in the future comprehensive municipal plan or
land use plan.
�
` � . .
! � Page 2 8
rOPHtiM, HAIK, SCHNO�RICH , KAUFMAN S� GOTY, LTD.
� T�,ayor Wi lliam B, Van Nest
Ci ty Counci 1 M�;r�b�rs �-
S D�cembcr 9, 1977 " '�.
Page Two _ •
_ �
The he�;nepin County Park Res�rve District is delivering to
my offic� today the maps of Big Island wnich I will review
, with you on ;�Sonday night. In surru�,ary, we cannot aoopt an
official map until we have completed the auove plans.
Very truly yours,
� � '��,�,���,�.�Y�
. � �
Bruce D. ?✓alkerson
, BDT�1: ss
cc: tialter R. Eenson
�
REt�ULAR P-lEETING OF THE ORONO COUPICIL, DECEPZBER 12, 1977 Page 29
Idayor Van Nest comr,�ented that an official map in BIG ISLAPID
�regard to Big Island is important. (Continued)
D1r. Cliff French: I will have the pro�erty
appraised and make a presentation to the Park
Board in January. �
Mr. I:ilbane: I want to negotiate with tlie Park
Board now.
Mr. Owen tlelson: rsr. Vetter holds fee title.
The purchase agreement had run out last July.
Mayor Van P1est: We never received application
until last October.
Mr. Cliff French: �^le will proceed with all possible
haste to acquire this property.
Paurus moved, Pesek seconded, to table P-ir. Vetter' s
request for a subdivision on Big Island until the
Council meeting of Plarch 13, 1978. Isotion, Ayes (3) -
Nays (0) .
Note: i�2r. Nelson and P�Ir. Gridley agreed to this in
light of new information.
Mr. Alan Olson, Assistant Building & Zoning Adminis- SUBDIVISION
trator, entered into the record the following 90 Willow Drive South
information concerning a subdivision for the George #334
Jackson Construction Company, 90 Willow Drive South, George Jackson Co.
dated Deceriber 5, 1977, which states :
The Planning Commission recommended approval of
, preliminary plat based on latest recommendation
of the City Engineer. Approved subject to the
following conditions:
l. Private access road 60' wide with underlying
easement to the City.
2. Extending 60 ' easement to east boundary of
property for future road if necessary.
3. Drainage easements as indicated on proposed plat.
4. Park dedication fee ($250 per lot for 10 lots
equals $2, 500, deduct $500 for two lots paid
with approval of previous Kelly subdivision,
balance due - $2 ,000) .
5. Title opinion addressed to the City and approved
by the City Attorney. (Continued)
! �
� RI�GULAR P•1EETIrdG OF TIiE ORONO COUNCIL, DECEP�BER 12 , 1977 Page 30
� Letter received from Greg Frank, City �ngineer, SUBDIVISION
� dated December 2 , 1977, ��hich states : 90 Willow Drive South
On December 1, 1977, the applicant' s engineer for �Continued)
� the subject project submitted grading plans, road
+ profile and drainage plans showing proposed �
drainage easements. Based on our review of these
i submittals, we recor.unend approval of the preliminary
. subdivision.
� End of letter
, Pesek moved, Paurus seconded, to approve the
preliminary subdivision request of the George
� Jackson Construction Company, 90 Willow Drive
South, per the Planning Commission recommendations
e of December 5, 1977, to include a Iiomeowners
,� Association Agreerient, ar�d revieF� oi Lots A & A as
possible combination. Motion, Ayes (3) - Nays (0) .
�
* Mr. Alan Olson, Assistant Building & Zoning Adminis- VARIANCE
trator, entered into the record the following informa- 2440 Carman Street
� tion concerning a variance request of Ed Lehrman, #337
, 2440 Carman Street, dated December 5, 1977, which Ed Lehman
states :
� The Planning Commission recommended approval of
� 8 ' variance from the street setback requirement of
30 ' . (Dwelling to be located 22 ' from property
� line along Carman Street. )
� Justification:
� 1. Hardship - topography of the land and soil
� conditions restrict location.
« 2. Lot meets zoning area requirement.
� 3. Property is sewered.
;� Mayor Van Nest moved, Pesek seconded, to approve
� the variance request of Ed Lehman, 2440 Carman
Street, for Parcel B per the Planning Comriission
� recor.unendations of December 5 , 1977. P�otion,
Ayes (3) - rdays (0) .
�
� Mr. Alan Olson, Assistant Building & Zoning VARIANCE
• Administrator, entered into the record the 2450 Carman Street
following information concerning a variance #338
� request of Ed Lehman, 2450 Carman Street, Ed Lehman
dated December 5, 1977, which states:
♦
The Planning Comr:�ission recommended approval
� of a 10 ' variance fror.m the street setback (Continued)
�
�
! . .
� ��GULAR MEETING OF THF OR02I0 COUNCIL, DECEPZI3ER 12 , 1977 Page 31
, requirement of 30' and a 25 ' variance from the VARIANCE
� lakeshore setback requirement of 75 ' . (Dwelling 2450 Carman Street
to be located 20' from property line along Carman (Continued)
� Street and 50 ' from shoreline of lagoon) .
�i Justification: '
� 1. �iardship - topography of the land and soil
conditions restrict location.
�
� 2. Lot meets zoning area requirement.
r 3. Property is sewered.
� r2ayor Van Nest r.loved, Pesek seconded, to approve
the variance request of Ed Lehrian, 2450 Carman
� Street, for Parcel C, per the Planning Comr,lission
,� recommendations of December 5 , 1977. Motion,
Ayes (3) - Nays (0) .
� .
�� P'Ir. Alan Olson, Assistant Building & Zoninc� CONDITIONAL USE PERtdIT
Administrator, entered into the record the VARIANCE
� following information concerning a conditional 2414 & 2416 Carman Stre�
use permit and variance request of Ed Lehr.lan, #339
� 2414 & 2416 Carman Street, da.ted Decertber 5, 1977, Ed Lehman
• which states:
� The Planning Commission recommended approval of
conditional use permit for duplex subject to
f locating existing structure within 200 ' of
cor.unercially zoned district (B-5) across County
• Road #15 (cor.unercial zoning described by parcel
. which commences at a line along the north line
of County Road #15) . County Road #15 is 66 '
� right-of-way.
;S The Planning Cor.u�ission also recomriended approval
of the following variances for construction of the
+ newly proposed duplex:
� l. 13' variance from the 30 ' street setback require-
` ment. (Dwelling to be located 17' from Carman
Street) .
� 2. 20 ' variance frori the 30 ' rear setback require-
� rnent. (Dwelling to be located 10 ' frort rear
lot line) .
�
� 3. Lot area variance of 4 , 853 sc�, ft. from required
21, 789 sq, ft. area. (Subject combined parcel
� consists of 16 , 927 sq. ft. ) .
� (Continued)
�
�
�
� � . .
� R�:GULAR P�IEETING OF THE ORONO COUNCIL, DECEP2BER 12, 1977 Page 32
� Justification: CONDITIONAL USE PERMIT �
VARIANCE
� 1. IIenefit of cornbination of the three lots. 2414 & 2416 Carman StreE
� 2. Tlarrow lot (no additional land available) . (Continued)
3. Area is sewered.
+ 4 . Location of lot (corner lot lir.►its location) . "
� Planning Commission addressed off-street parking
provisions for duplex to eliminate problems for
� neighbors. No recor.lmendations made.
� Council will have to review assessments for re-
� apportionment. .-
� Pesek moved, Mayor Van Nest seconded, to approve
the request of Ed Lehman, 2414 & 2416 Carman
� Street, for a conditional use permit for a duplex
providing that all of one unit of. the duplex be
� within 200 feet of the B-5 zone on the north line
. of County Road #15 and subject to the rer.toval of
the existing house and cabin on Lots 1 & 3, and
� to legal combination of Lots l, 2 & 3. Cabin nay
be relocated (with proper permit) for use as an
� accessory building only; and to approve variances
for setbacks and lot area as per Planning Commission
+� recommendations of December 5, 1977, riotion,
+ Ayes (3) - Nays (0) .
� tiayor Van Nest moved, Paurus seconded, to assess ASSESSPiEPdTS - LaP_TER
� 2440, 2450, 2414 & 2416 Carman Street at residential 2440 , 2450 , 2414 & 2416
water rates in accordance with approved development. Carrian Street
�
Total Assessment $6 , 722. 20
e Amount Paid $5, 322. 25
� Amount Due $1, 399 . 95
�f P�Iotion, Ayes (3) - Nays (0) .
�
� 2�ayor Van Nest r.loved, Pesek seconded, to re- ASSESSMENTS - SEWER
apportion sewer lateral and interceptor assess- 2440, 2450, 2414 & 2416
� ments according to the front footage and areas Carman Street
of revised platting collecting additional units
r with each new connection as per City policy.
D�otion, Ayes (3) - Nays (0) .
�
� P7r. Alan Olson, Assistant Building & Zoning VARIANCE
+ Aclr►inistrator, entered into the record the 2515 Kell_y Avenue
following inforrlation concerning a variance #341
� request of Harry Gustafson, 2515 Kelly Avenue, Harry Gustafson
dated Novertber 16, 1977, which states:
� (Continued)
7
�
�
� � . .
� �EGULAR NiEETING OF THE OROP�O COUNCIL, DECEPZBER 12, 1977 Page 33
� T11e enclosed survey indicates the existing location VARIANCE
� of a boat house near the shoreline. This is a 2515 Kelly Avenue
masonry structure with a reinforced concrete flat (Continued)
� roof currently used as a deck.
(, The Gustafsons are requesting approval of a '
variance to erect an enclosed structure on top
� of this existing foundation and reinforced deck.
• The new addition would not increase the hardcover
area as it would only extend upward.
� Planning Commission Work Session - November 21, 1977
�
Reviewed proposal - discussion included existing
� reinforced slab hardcover and height limitations.
� Planning Cor.imission P�4eeting - December 5, 1977
� P�r. Gustafson was present. After brief discussion,
,A a motion was made to recommend denial of application.
Three Members voted in favor of denial and four
r abstained.
� iiore discussion followed. Several pertinent
issues were brought out.
� l. D.N.R, regulations in 4�Iisconsin prohibit repair
or expansion of existing non-conforr.�ing situations
` which do not comply with the current shoreline
regulations.
r
2. Setting of precedent on somewhat similar non-
� conforming situations (existing slabs along
* shoreline) .
� 3. Visual obstruction.
� Commission elected to reconsider proposal. Planning
Coruni.ssion recommended denial of variance. Five
r voted in favor of denial and two abstained.
� Council P�Zeeting - December 1?, 1977
� iir. Gustafson was present to discuss his proposal
' co < < enting that he would propose a temporary
rather than a permanent structure if this would
� be riore in line with City codes.
• P�ayor Van Nest stated this proposal will increase
, the bulk of the structure and is an expansion of
non-conforming uses which is not allowed in our
' code and is not in conformance with D.Td.R.
regulations. (Continued)
�
7
�
�
, .
� REE�i�;ULAR P4EETING OF THE ORONO COUNCIL, DFCEP�IIiER 12 , 1977 Page 34
� P�layor Van Nest moved, Paurus seconded, to deny VARIANCE
the variance rec�uest of Harry Gustafson, 2515 Kelly 2515 Kelly Avenue
� Avenue, per the Planning Commission recommendations (Continued)
+ of December 5 , 1977, as it is an expansion of non-
conforming uses as stated in Chapter 31. 109 . Staf_f .
� is to submit a resolution of denial for Council
a�proval at the next r.leeting to include the
� following reasons for denial:
� l. The existing building is entirely within the
� lakeshore conservation and floodplain area.
� 2. The proposal would be a major addition of
an entirely new story above the existing
• structure.
� 3. The proposal would intensify the use of
� the non-conforming structure.
� 4. The proposal would increase the btilk of
the non-conforming structure.
�
5. ihe proposal would tend to prolong the
�' existence of the non-conforming structure.
� 6. The proposal would tend to be a visual
� obstruction within the lakeshore conservation
area rising above the adjacent lawn level
� where the existing structure is flush with
the adjacent lawn level.
�
PZotion, Ayes (3) - P1ays (0) .
�
� i�r. Alan Olson, Assistant Building & Zoning CONDITIOrdAL USE PER2lIT
� Administrator, entered into the record the 4220 ���atertown Road
following inforr.mation concerning a conditional #137
� use permit for Robert Wyatt, 4220 P7atertown Robert ZVyatt
Road, dated December 5 , 1977, which states:
�
• In May, 1976, the City received an application
to subdivide the 6Jyatt property on Watertown
� Road. The preliminary subdivision was approved
July 26, 1976. Robert Wyatt requested a permit
to move a second dwelling onto the property
already occupied by the old farmstead. Council
� approved Resolution #699 on July 26, 1976 ,
(finalized by the City Attorney on August 23,
� 1976) providine� that the farmstead be rer.ioved
' within 18 months, or ,7anuary 26, 1978.
,� Robert �9yatt moved a house onto the property
(pernlit 3355) in September, 1976, but has not
� yet received final approval or a certificate of
occupancy. (Continued)
�
�
�
� �
� R�1�GULAR P�EETING OF THE ORONO COUPICIL, DECEPiBER 12 , 1977 Page 35
� The applicants delayed submission of final plats, CONDITIONAL USE PERMIT
� so final subdivision appz-oval did not occur 4220 Watertown Road
until July 11, 1977. �ailliam �ayatt began (Continued)
� construction of a new home on the north parcel -
(permit 3618) on September 9 , 1977.
• �
The enclosed letter now requests extension of
� the January 16, 1978 deadline for removal of
• the farmstead. r2y one recommendation is that �
some leverage be used to have the Robert ��yatt
� house completed according to code.
S, Letter received from Robert & ��7illiar_m Wyatt,
dated November 29, 1977, which states :
�
"Please present our request to the Orono Council
� for extension of one year from January 1978 to
� ,Tanuary 1979 for the scheduled removal of the
residence noted above. The area is zoned one
� horne per five acres, and a new home was moved
next to it by Robert [�lyatt in 197G.
�
The reasons for the extension is to store
� estate items in the old home until the �9illiam
• Wyatt home under construction is completed on
the other five acres of the estate. Tre
� original date for demolition was predicated
on the completion of the subdivision of the
� ten acres in July 1976; however, the sub-
division was not completed until July 1977. '
�
��Je have dealt with the Council in good faith;
� the residence has not been rented or occupied,
' and it has been kept in good repair, causing
no hazard to the public.
� �ae appreciate the Council' s consideration of
� our request. "
� End of letter
� i�ayor Van Nest moved, Pesek seconded, to extend
• until January l, 1979 or 60 days after certificate
o� occupancy, which ever happens first, the
! request of Robert L7��att, 4220 Watertown Road,
for the removal of a guest house. Pdotion,
� Ayes (3) - Nays (0) .
r
�
�
a
�
•
� .
�' R'�GULAR MEETING OF TIiE ORONO COUNCIL, DECE1dBER 12, 1977 Page 3G
� rir. Alan Olson, Assistant Building & Zoning FARVIE[•I SUBDIVISION
� Administrator, entered into the record the
following inforr.iation concerning the Farview
� subdivision, dated December 5, 1977, which
states :
• �
• This subdivision, as with several others , was
approved by a resolution which contained many
� "subject to ' s" , all of which are always
completed prior to the tir.ie the P4ayor and Clerk
` sign off on the resolution. The problem is
that these become a cloud on the title when
� the resolution is filed because prior completion
is not so stated.
�
� The attached resolution clarifies the issue
for Farview and should be adopted. All iteris
�, have been completed and the road is formally
accepted. The City is holding the performance .
� bond during the one year warrantee period.
� P�4ayor Van rdest moved, Pesek seconded, to adopt RESOLUTION #g59
* Resolution #859, a resolution approving the Farview Plat
conditions as stated in Resolution #717,
* approving the Farview Plat. t'Iotion, Ayes (3) -
Nays (0) .
'�
� iir. Alan Olson, Assistant Building & Zoninc� STREET VACATION PETITIO
Administrator, entered into the record the Partenwood Lane
� follawing information concerning a petition
• to vacate Partenwood Lane, presented by
George Johnson, 835 Partenwood Road, dated
, December 5, 1977, which states:
� The attached petition has been received by
the City and is on your agenda for discussion
� as requested by P�Sr. Johnson.
� The request should be reviewed by the City
� Engineer and the Public Works Department.
The road is open for use and has a sewer line
� under the existing pavement. Formal consideration
of the vacation request will require a public
« hearing and a fee in the amount of $25. 00 per
abutting lot or $100. 00, which ever is greater,
� as required by the fee schedule.
� P�sr. Geroge Johnson commented that he owns all
, other lots contiguous to this requested
vacation area.
� r2r. Greg Frank raised the question of jeopardizing
PS.S .A, funding by decreasing DZ.S .A. mileage if
this is approved. (Continued)
7
�
� . . .
� RE�ULAR MEETING OF TF�E ORONO COUPJCIL, DECEMBER 12, 1977 Page 37
� Mayor Van Nest moved, Pesek seconded, that a public PUBLIC HEARIPIG DATE
�hearing be held February 13, 1978 at 7: 00 P.P�. • Vacate Partenwood Lane
oncerning the petition to vacate Partenwood Lane.
� Motion, Ayes (3) - Nays (0) .
• "
. Mr. Alan Olson, Assistant Building & Zoning PU�3IrIC TtOAD i2E�UES'i' �
Administrator, entered into the record the jahite Oak Circle
. following inforrmation concerning a petition
for the City to accept 6�7hite Oak Circle as
` a public road, dated December 8 , 1977, which
states :
�
Late yesterday afternoon, this petition was
'�' delivered to the City offices. The staf� has
• not had time to research the issue other than
obtaining the attached documents. The eiqht-lot
t subdivision was approved in February, 1977, on
the basis of a privately developed and maintained -
� road. The City did officially sanction the name •
in October, 1977, again making certain that the
� private road status was clear. The road is
, paved, supposedly according to City specifications,
but to the best of ny knowledge, no City inspections
� were ever made during the installation.
S Paurus moved, Pesek seconded, to table the request
:o accept White Oak Circle as a public road until
� a later date to allow staff sufficient time to
develop findings of fact. D4otion, Ayes (3) - �
� Nays (0) .
�
, The following letter was received from P�Ir. Bernard ORONO-LONG LAKE
J. Harrington, Metropolitan Waste Control Corunission, INTERCEPTOR
i dated November 29, 1977, which states :
� Enclosed for your review and comments is one set
of plans and specifications for the Orono-Long �
� Lake interceptor, MWCC Project No. 71013.
r The project consists of a lift station located
� at each of the two treatment plantsites and a
forcemain extending from the lift stations easterly
� to the Wayzata Lift Station. The Orono Lift
Station has design capacity of 2400 gpm and the
� Long Lake Station has a capacity of 1600 gpm.
� Construction of the proposed project will allow
the Orono and Long Lake Wastewater Treatment
- Plants to be phased out and the effluent
� discharge eliminated from the Lake Minnetonka
'atershed. The flow will be conveyed through
1 conbination of 16" , 18" and 20" forcemains
easterly to the Wayzata Lift Station and then to
� the Blue Lake Treatment Plant. (Continued)
� �
�
� . . .
� R�GULAR r4EETING OF TFiE ORONO COUNCIL, DECEP2BER 12, 1977 Page 33
� The Corunission will appreciate your early review ORONO-LONG LAKE
� of these plans and specifications and written INTERCEPTOR
concurrence with the project. (Continued)
�
If you have any questions on this matter,
• please contact Mr. William r2oeller at this �
office.
�
. End of letter
� Mr. Greg Frank, City Engineer, presented an ADDENDUP4 NO. 3
Addendum No. 3, to the preliminary engineering
� report for the Orono-Long Lake Interceptor,
Metropolitan Waste Control Corunission, dated
� November, 1977, prepared by A�cCombs-Knutson
+ Associates, Inc. , which states :
� Pages 39�91
�
Dick Benson, City Administrator, informed the LIFT STATION #6 PROBLE
� City Council that on November 26 , 1977 at 5 : 45 A.Pi. r
P�Ir. Bill Carlson, Utility Foreman, received a call
� from the Orono Police Department informing hir_m of
• an alarm sounding off at Lift Station #6. At
approximately 6 : 06 A.P-s. , Psr. Carlson arrived
� at the station, turned off the alarm, inspected
the station, and found all pumps out on low
� voltage because of single phasin_q. NSP was
called at approximately 6 : 10 A.P�. At approximately
' 7: 00 A.M. , NSP was called again. At approximately
� 8 : 00 A.PA. , NSP arrived and it was determined that
a wire in a lOD amp box had burned out. During
• this time, all Lift Stations #7, #8 , #13 , and #22,
which feed into gravity lines to Lift Station #6 ,
� were turned off.
� Lift Station #6 was back in operation by 9 : 30 A.M.
after which Lift Stations #7, #8, #13 , and #22 were
� placed into operation, one at a time, at approximately
� one hour intervals.
� The procedures used during Lift Station #6 failure
were responsive and followed corrective action
� methods. Lift Station #6 has never had a failure
due to a mechanical problem. In order to avoid
� sewer backing up into a resident' s hor.le, who has a
flat service line discharging into a flat sewer
� lateral, the City has recommended installation of a
• backwater value in the discharge line leaving the
house. These were never installed at the Breen
� residence (now PZr. Tom Frahm' s) and PZr. . Svang' s residence,
as have been installed by other residents. ���e have
requested the City Engineer to do a study on this
area and lift stations to determine hydraulic conditions
� that exist and to review whatever steps that can be
taken to prevent power failures.
� ' � � . .
�' , � Page 39 -
,
�
�
�
� ADDENDUM N0. 3 ,
`
� TO
�
PRELIMINRRY ENGINEERING REPORT
� �
�
� Orono-Long Lake Interceptor
�
�
Metropolitan Waste Control Commission
�
�
�
�
�
�
�
� _ -
, November, 1977
r
�
� Prepared By
McCombs-Knutson Associates , Inc.
12805 Olson Memorial Highway
,, Minneapolis , Minnesota 55441
�
�
�
� - •
� � -
� ' , � Page 40
�
� As requested, the flows shown in Addendum No. 2 to the
� Preliminary Engineering Report for the Orono-Long Lake .
Interceptor are further revised in this Addendum. The flows
� from the City of Maple Plain and the Vo-Tech area, Independence
Beach area, and Baker Park in the City of Medina have been
� deleted from the contributing areas of the Long Lake pumping
` station.
;� The design year is revised to the year 2000 since
regulatory agency requirements are that a minimum twenty
� year design period be used. Delays in the completion of the
project require that the design year be extended . The year
� 2000 is chosen because the system cannot be constructed and
• operational before 1979 .
� A small increase in Long Lake flows is projected due to
further development and increased population in Long Lake in
� the years 1995 to 2000 . The increases are in keeping with
the population projections shown in the first Addendum to
� the Report.
Exhibit B shows the projected average flows for the
� Orono and Long Lake pumping stations for the year 2000 from
the contributing areas. The total average flows are as
� follows :
� Station Average Daily Flow (cfs)
� Orono Met.ro 1. 65
� Long Lake Metro 1. 00
_ Orono Municipal . pg _
i � �
For the Metropolitan Pumping Stations, the design flows
� are as follows:
� Average Daily Flow Peak Factor Peak Flow
� Orono 1 . 65 cfs 1. 07 mgd 3 . 3 2450 m
Long Lake 1. 00 cfs .65 mgd 3 . 5 1600 gPm
� 9P
�
�
�
�
�
.
��� . Page 41
�
�
� �,xHza1T B
� Revision of Table 10 of Addendum to �
Orono-Long Lake Preliminary Report .
� Contributing Areas and Flows for
Alternates A, B, C, and D
�
�
_ Average Year 2000 Flows (cfs)
� Area City that
Served By Area is in Residential Comm/Ind School Total
�
• Orono Orono 1 . 37 . 13 0 1 . 50
P�letro Mtka. Beach . 11 . 02 0 . 13
� Pumping Long Lake . 02 0 0 . 02
Station
Long Lake Orono . 03 . 07 . 07 . 17
� Metro Nedina
Pumping (Morningside) .07 0 0 . 07
Station Long Lake . 42 . 34 0 . 76
� Orono
� Municipal Orono . 09 0 0 . 09
Stations*
f
�
i *Orono Municipal stations are future small pumping stations
, which will pump directly into interceptor force main.
�
�
�
�
�
�
�
�
�
�
RE�ULAR MEETING OF TIi� ORONO COUPJCIL, DECEi1BER 12 , 1977 Page 42
Pesek moved, t��ayor Van Nest seconded, that the OROP10 REPORTER
name for the City Plewsletter be the Orono Reporter.
�Motion, Ayes (3) - rdays (0) .
, Paurus moved, Pesek seconded, that a public hearing PUBLIC HFARING DATES
before the Planning Corimission on January 16 , 1978 Block Grant Funds
� at 7: 30 P.M. and a second public hearing before
the Orono Council January 23, 1978 at 7: 00 P.P4.
� be held for Year IV Block Grant Funds , be approved.
i P�otion, Ayes (3) - r7ays (0) .
Mayor Van PJest moved, Paurus seconded, to reappoint REAPPOINTMENTS
, Gregg Iiannah and Gloria P�IcDonald to another three- Planning Cor.unission
year terms on the Planning Commission. P4otion,
Ayes (3) - Nays (0) .
. r4ayor Van Nest moved, Pesek seconded, to reappoint REAPPOINTMENTS
Bernice Anderson, Gayle Breckwald, and Barbara Hur.►an Rights Commission
� DeCosse to �hre�-year terns to the Iiiir�an Rights
Cor�ulission and to appoint Donna Carlton to fill .
� the une�cpired term of Doris Schroeder to the
Commission. P�otion, Ayes (3) - Nays (0) .
Rayor Van Nest moved, Paurus seconded, to reappoint REAPPOINT���ENT
� Roland Berglund to another three-year terrm to the Park Commission
Park Commission. P'Iotion, Ayes (3) - Nays (0) .
�
�
�
�
�
�
�
�
�
REGbJLAR PlEETING OF TFiE ORONO COUNCIL, DECEPIIIER 12, 1977 Page 43
Dick Benson, City Adriinistrator, informed the POLICE A�REEMENT
City Council that the City is in receipt of a P�innetonka Beach
tter from rsinnetonka Beach, dated December 2 ,
977, which states:
"Please be advised that the City of the Village '
of Pdinnetonka Beach has decided to contract o�ith
your r.►unicipality for police services effective
, January 1, 1978. If you will prepare the necessary
agreement, I will see that it is executed in a
tir�ely manner. .
I feel that it would be wise for Chief Kilbo to
appear at a Council meeting in the near future
so that he can explain how your Department operates.
As you know, our next meeting is December 12; perhaPs
however, it would be appropriate if his appearance
were delayed until our January meeting which will
be held on the 9th.
��e look forward to tliis relationship. "
David B. Boies
Mayor
' End of letter
ick Benson also presented to the City Council
a report on 1978 Police service contracted
to other communities , which states:
The adopted 1978 Police Department Budget included
salaries of two additional police officers. However,
due to the fact that one officer was to be hired
in early 1978 and the second was to be hired at
, some later unspecified date, we did not apportion "
the total Adopted Budget for the' purpose of
determining the amounts to be charged to those
cor.ununities which contract with Orono for police
service. The portion of the Police Budget which
was to be shared by the cbr,�munities excluded the .
salary cost of one additional police officer.
The Adopted Budget is $278,901. The salary arnount
excluded from this figure was $12 , 769 . Therefore,
� the net amount of the 1978 Budget for the Police
Department to be apportioned between the cor.ununities
of Long Lake, PZanle Plain, and Orono was $266 , 132
as the follov�ing chart indicates:
1978 Budget Town Aid Net
CommunitY Population Percent Share Credit Share
�ng Lake 1, 720 16. 715 $ 44,484 $ 2, 340 $ 42, 144
Maple Plain 1, 370 13. 314 35,433 1, 864 33, 569
Orono 7, 200 69.971 186, 215 9, 796 17C,419
Totals 10, 290 100.000 $266. 132 14 000 $252. 132 -
(Continued)
s .
� hEGULAR MEETING OF THE ORONO COUNCIL, DECEP'IBER 12, 1977 Page 44
Since the tirne of the original apportionment of POLICE AGREEMENT
� costs, the City of Minnetonka Beach has been r4innetonka Beach
added to the area of police protection served (Continued)
by the City of Orono, effective January l, 1978.
This added area of responsibilitv will r�ean the
� hiring of the second officer sooner than originally '
anticipated. For this reason, the total Adopted
Police Budget should now be apportioned between
all communities involved.
The total Budget of $278 , 901 ($266 ,132. plus
$12, 769) will now be apportioned as follo�as:
1978 Budget Town Aid Net
Cormminity Population Percent Share Credit Share
Long Lake 1, 720 15. 838 $ 44, 172 $ 2, 217 $ 41, 955
Maple Plain 1, 370 12. 615 35, 183 1, 766 33,417
Mtka. Beach 570 5. 249 14, 640 735 13, 905
Orono 7, 200 66. 298 184, 906 9, 282 175, 624
� Total 10, 860 100.000 $278, 901 14 000 264 901
Mayor Van Nest moved, Pesek seconded, to approve AGREEP�NT & CONTR.ACT
the Agreement and Contract for Law Enforcer�ent Minnetonka Beach-Orono
between Orono and Minnetonka Beach, effective
January l, 1978. P�iotion, Ayes (3) - Nays (0) .
Mayor Van Nest moved, Paurus seconded, to approve 1978 Ps.A.P.S. I CONTRACT
the 1978 Contract with M.A.P.S. I . subject to the
follo�,ring amendments: page 2 , #5, im�ounded animals
to be housed at Reo Raj ; page 3, #10, adding the
following: "PS.A.P.S .I, shall defend, indemnify, _
� and hold the City haz-riless, including its officers,
employees or agents from any and all claims, suits ,
losses, dariages, or expenses, including attorney' s
fees, on account of bodily injuries, sickness ,
disease, death and property damage including
injury to animals as the result of, or alleged
to be the result of A4.A.P.S. I. ' s operations. "
Motion, Ayes (3) - Nays (0) .
The following memo �-�as received from P4arcy COr�S4UNITY PLANNING BOAl2I
Shapiro, Director of the West Hennepin Human FUNDING
Services Planning Board, regarding funding of
cornmunity planning boards, which states:
"Enclosed is the letter that was sent by ��THHS to the
Hennepin County Commissioners regarding the
resolution about the funding of community planning
boards.
(Continued)
� .
! R£GULAR t'1EETING OF THE ORONO COiJP1CIL, DECEPSBER 12, 1977 Page 45
This letter was sent in response to the rieeting COPu�UNITY PLANNING BOARD;
which was hosted by [�TF3HS , and �ahich was attended FUNDING
�by r.tunicipal officials on November 28, 1977. I (Continued)
wanted to bring you up to date on some activities
which have happened since this r.ieeting and which
� have changed the tone of the letter. • "
Cor.unissioners Ticen, Robb and Kramer met �aith
. municipal officials in the South Hennepin area.
At the meeting, Comrnissioner Ticen responded to
the concerns of the munici�al officials and
announced that action on the resolution would be
postponed. He said that there should be more
tine allowed to give County Commissioners an
opportunity to discuss the issue with municipal
officials and the planning boards.
� We will be continuing to keep you informed about
activities centering around the funding of
cor,ununity planning boards and will be contacting
you soon about future action in this area. "
End of r:lemo
" Dick Benson, City Adrlinistrator, informed the City 1977 TREE DISEASE REPORT
Council that he was in receipt of the 1977 Tree
Disease Report fror�l Gerald Beach, Forester, which
states :
In the Dutch elm disease control zone south of
Watertown and Highway 12, the 1977 incidence of
Dutch elm disease was virtually the same as in
1976. 411 last year as compared to 414 this year. ,
It is difficult to analize the reasons for this ,
but it apparently is not due to control efforts. - _
Surrounding comrmunities with similar procedures
had normal increases (about double or r.iore) .
Others showed abnormal decreases, much less than
� was expected. There is a possibility that the
severe cold during last winter affected the
disease vectors (bark beetles) . There could be
other causes; last year' s drought with decreased
vessel size (tissue that translocates fluids
fror.i the ground and which get clogged when arfected:
with Dutch elm disease) ; vector disease epidemic
or extremely high parasitism rates; or there
may be many others. In any event, there is no
conclusive evidence to show what may have been
responsible for the low number of diseased trees
in 1977. An added reason, of course, is the
reduced size of the control area (deleting that
north of FIighway 12) , but even with that, this
year' s totals are surprising.
(Continued)
�
o �
� .
� R�GULAR P�iEETING OF THE ORONO COUNCIL, DECEPIBER 12 , 1977 Paqe 46
� In reverse, the non-control zone disease totals 1977 TREE DISEASE REPORT
f increased from 118 in 1976 to 598 in 1977. This (Continued)
zone was surveyed much r.lore intensivelv this
� year and it is probable that many werefr.�issed
last year. Also, the non-control area is much
` larger than it was. It is interesting though "
to conpare no or little increase in the control
� zone, and a three to five fold increase where
there is no control efforts.
�
� One of the most consuming aspects in 1977 vaas
answering calls fror.l concerned residents. Of
+ 1232 calls this year, many were in the early
part of the season ��hen we had heaw seeding
� (a response fror_m last year' s drought causing
fewer and smaller leaves) and considerable
� ar.lounts of elm leaf miner. The larval stage of
� the miner feeds on the tissue between the upper
and lower epiderrial layers of the leaf, causing .
i large portions of the leaf to turn brown. When
this occurs throughout most of the tree, it has
an impact that causes many residents to think
their trees are diseased. Approximatelv 500 of
the calls in 1977 were on these two problems.
'� There were only 12 problem situations where
' residents were not cooperative on diseased tree
removal. Of these, six registered letters were
� sent, and additional measures had to be taken on
only one case, �ahere bids were taken, and the low
� bidder removed the diseased wood.
� Occasionally, there is a problem with an individual
` on fixed income that cannot afford removal of the
tree. In extreme cases, I would like to suggest
* that such trees be removed at City expense. � -
i End of inemo
�
Dick Benson, City Administrator, inforr►ed the City 1978 EQUIPMENT & P�iATERIA
� Council that in previous years, it is recommended
! that Council approve the Specifications and
Documents for furnishing equipment and materials
+ for the year 1978.
� The City will advertise through the norrlal
process with Bid Opening on January 13, 1978.
� Tabulation and recorunendation of the low bidder
will be submitted to the Council on February 13, 1978.
�
• riayor Van Nest moved, Paurus seconded, to apProve
� the Specifications and Documents for furnishing
equipment and materials for 1978 and directed staff
to advertize as outlined. Motion, Ayes (3) - Nays (0) .
�
�
�
�
� RFGULAR PZEETING OF THE OROI�O COUNCIL, DECFP�IBER 12, 1977 Page q�
� Dick Benson, City Adminis rator, informed the BUILDING INSPECTION
City Council that the Cit1- of PZedina has approved A�REEP4ENT - MEDINA
� and signed-off on the proposed agreerlent to
• provide inspection services for r4edina for the
year 1978 as was conceputally approved at Orono' s
� Nover,lber 28, 1977 Council meeting. '
r Mayor Van P1est moved, Pesek seconded, to approve
the Agreement and Contract for Building Inspection
� Service for the City of r4edina. P2otion, Ayes (3) -
Nays (0) .
•
� Dick Benson, City Adr_linistrator, informed the City PURCIiASE
� Council that t:ie Building & Zoning Department has Building & Zoning Dept.
prepared an advertisement for the septic s_ystem
� inspector position with the intention of taking
applications until December 22, 1977, interviewing
�� the first week of January and hiring before the .
• end of January, 1978. The inspector will be
scheduled to attend one of two septic system
i seminars upcoming in January and PZarch. The
inspector will begin by researching the City
+; files and those of local contractors before
venturing into the field by April or so.
�
To accommodate this person and the septic records,
� the Hennepin County Block Grant has provided
` funds for office equipment and transportation.
The first item required is a set of shelving
� unit/dividers to provide room for office records
and equipment. They will also allow the building
� and zoning area to become more organized and
present a better image to the public_ Twelve
'� units, at a total cost of $884. 00, have been
selected to fulfill our complete needs. The �
� only other furniture contemplated is a desk to
� be time-shared between the building and septic
inspectors.
•
r4ayor Van Nest moved, Paurus seconded, to approve
r the purchase of shelving unit/dividers for the
Btiilc�ing & Zoning Departr,►ent at a total cost of
'� $884. 00. Piotion, Ayes (3) - Nays (0) .
�
� Dick Benson, City Administrator, informed the City PART-TIr�E PATROLP4EN
Council that Police Chief P�el Kilbo rec�uests the
� City Council to discontinue the services of part-
time policemen in the City of Orono. The police
� licensing bill of the police officers standards
and training for all practical purposes eliminates
� this position, therefore, I ask the Council to
` elir.iinate this position effective December 31, 1977.
I wish to commend to the Council Gregory �9agman
i and Lyle Day for their unselfish assistance
durinc� the period they assisted us.
� (Continued)
i
�
� P,.EGULAR MEETIPIG OF TIiE ORONO COUNCIL, DECEMBF.R 12, 1977 Page 48
` Mayor Van Nest moved, Pesek seconded, to discontinue PART-TIME POLICEMEN
� the services of part-time policemen in the City of (Continued)
Orono and to commend Gregroy [9agman and Lyle Day
� for their unselfish assistance. P4otion, Ayes (3) -
Nays (0) ,
� ,
� P4ayor Van Nest moved, Pesek seconded, to adopt RESOLUTION #860
Resolution #860 , A Resolution Authorizing The Transfer - Sewer Operat
� Transfer Of Funds From Sewer Operatinc� I'und To
• P. I .R. Fund. Motion, Ayes (3) - Nays (0) .
� Dick Benson, City Adrlinistrator, presented to the GOLF COURSE REPORT
� City Council a report on the golf course operations
which states:
•
Revenue producing operations ended on October 14
� for the 1977 season. The Balance Sheet and Income
� Staternent for the ten months ended October 31,
1977, are attached. The Gross Profit for the
� period is $33, 768 and the Operating Expense is
$30 , 913 for a Net Profit of $2, 855. The cash
• deficit has been reduced from ($21 , 100) on
December 31, 1976 , to ($17, 791) at October 31,
� 1977. Because there are certain expenses which
� continue during the non-revenue producing months,
the cash deficit at December 31, 1977, is
� expected to be about ($21, 100) .
� I feel that we may have to increase charges for
green fees and golf cart rentals next year in
� an effort to reduce the continuing cash deficit.
�
. Dick Benson, City Adr.iinistrator, presented the SEWER OPERATING FUND
City Council with a report on the sewer operating REPORT .
� fund, which states:
� Attached please find the quarterly operating
stater.►ents for the Sewer Operating Fund for each
S of the three quarters ended March, June, and
, Septer.lber, respectively, of this year.
� The increase in revenue (and subsequently net
income) can be seen in the second and third
� quarters versus the first quarter. This increase
is due to the rate increase which became effective
� in the second quarter of this year.
� For the year ended Decer,tber 31, 1977, I am
• anticipating an operating net profit of about
$6, 500 before the annual $5, 000 of loan repayment
. to the P. I.R. Fund. After payment of this loan,
there will be about $1,500 of profit. (Continued)
�
�
�
� �
� Rr,GULAR I4EETING OF THE ORONO COUNCIL, DECEMBER 12 , 1977 Page 49
w This compares with a net profit last year of SE�aER OPERATIr1G FUND REPOF
� $15 , 008. However, last year the P4.[�.C.C. (Continued)
credits were applied to the operations of the
�� Sewer Fund. If these credits ($19 , 065) were not
applied, as is now the case, the net income would
� change from $15 , 008 profit to $4,057 loss. This �
net loss would also not include the annual $5 , 000
w loan repayment to the P. I .R. Fund.
•
• Dick IIenson, Cit�� Adr,iinistrator, presented to the 1978 SAC CHARGES
City Council a report on the 1978 P4etropolitan
� Waste Control Cor.unission Charges and Credits ,
which states:
�
Attached please find a copy of the M.?9.C.C.
� Statement of 1978 Sewer Service Charges. Orono' s
• percentage share of the total charges has
decreased between 1977 and 1978 although the _
+ cl�arges have increased. The decrease in percentage
is due to a decrease in the total gallons estimated
� to be treated from Orono. The estimated c�allonage
to be treated has been decreased from 145 million
� gallons in 1977 to 140 million gallons in 1978 ,
a reduction of 3. 45% . This decrease in gallonage
� results in the following changes in Orono' s
� percentage share of the charges:
� 1977 % 1978 �, Decrease
Treatment Works Costs . 1544� . 1539% . 0005�
a Sewer Service Area �4 3. 3�39� 3. 2673�, . 1166�
w �
The charges for 1978 compare to 1977 as follows:
' , _
� _ 19J7 _ 1978 � Increase
Treatment Works Cost $ 40, 778. 73 $ 49, 166.07 _$ 8, 387. 34
� Sewer Service Area �4 27,447. 84 27,479. 03 31. 19
� Total ` $ 68. 226. 57 � 76. 645: 10 - $ 8, 418. 53 �
� Ttie credits which Orono gets from the PS.�^7.C.C. on
• the other hand decline each year. The decline
between 1977 and 1978 is $12, 824. 02, as the
� following tabulation indicates: -
� � �
Credit 1977 1978 Decrease
� Current Value $ 35, 285. 00 $ 33, 988. 00 $ 1, 297. 00
� _Debt Payment 48, 162. 00 45, 679. 00 2, 483.00
_ Sub Total $ 83, 447 . 00 $ 79, 667. 00 $ 3, 780. 00
'� Final Cost Allocation 12, 265. 62 3, 221 . 60 9, 044. 02
� Total $ 95, 712 . 62 S 82, 888. 60 S 12, 824. 02
•
� (Continued)
�
s
• � .
REGULAR :1EETING OF TFiE ORONO COUNCIL, DECEP�BER 12, 1977 �age 50
�
The Current Value Credit and Debt Payment Credit SAC CHARGES
� are expected to decrease each year as the principal (Continued)
a balance of each decreases. The Final Cost
Allocation in any year is for t?�e per�oc3 t���o vears .
e nrior and reflects a net over budgeting to Orono
if it is a credit, and a net under budgeting if
� it is a charge. Therefore, the rianl Cost
• Allocation for 1977 is for the year 1975; the
Final Cost Allocation for 1978 is for the year
� 1976. The Final Cost Allocation is not a
predictable credit or charge for any one year.
�
� Mayor Van Nest moved, Paurus seconded, to approve TRANSFER
• a transfer of $10, 000 fror.� the Liguor Store Liquor to General Fund
Fund to the General Fund. 14otion, Ayes (3) -
� Nays (0) .
�
P4ayor Van Nest moved, Pesek seconded, to approve IiOLD BOOKS OPEN
� the holding of the 1977 books open until
January 23, 1978, to rlinimize the accounts
"� payable balance at the year-end. P4otion,
' A��es (3) - Nays (0) .
� Dick �3enson, City Administrator, informed the DOT TRAVEL FORECAST
` City Council that we are in receipt of a letter TASK FORCE
from the I�setropolitan Council DOT Travel Forecast
a Task Force, dated Deceriber 6, 1977, which states:
* The rZetropolitan Council and the PZinnesota Depart-
+ ment of Transportation are jointly sponsoring a �
one-day seminar to present and discuss both the
� 1990 and 2000 socio-economic and travel forecasts
produced by the Zone Level Forecasts Program.
� This seminar will take place on January 17, 1978
at the Arden Hills Training Center. An agenda
'� is enclosed showing the topics to be discussed.
� The socio-economic and travel forecasts produced
. by the Council and P�in/DOT represent a key data
base that is used in regional transportation
.� planning. One purpose of the seminar is to
acquaint others with this regional data base.
� The data is also useful to the counties
and municipalities as they prepare the trans-
� portation element of their cor.lprehensive plans
' under the mandatory Land Planning Act. The
second purpose of the seminar is to indicate how
� the data can be used and how to obtain it.
� (Continued)
�
�
�
�
+ RF�ULAR f2EETING OF TIiE ORONO COUNCIL, DFCEI�lBER 12, 1977 Page 51
S If you are interested in attending this seminar, DOT TRAVEL FORECAST
we would like you to pre-register so that w� can (Continued)
�send you some background material and data
� samples from the forecasts to look through before
the seminar. You may pre-register bv filling
�, out the attached form and mailing it� to: �
� Laurie Hinze, Transpostation Division
I�Ietropolitan Council
� 300 P7etro Square Building
• 7th & '_'.obert Streets
St. Paul, PZn. 55101
� If you have any questions about the seminar
� agenda itself, please call John Hoffr.ieister at
291-6344.
�
* End of letter
v Pesek r.loved, Paurus seconded, to adopt Ordinance ORDINANCE NO. 204
No. 204, An Ordinance To Amend The r7unicipal Hurman Rights Commission
Code Of Orono By Amending Section 12. 030 To
� Decrease The P�embership Of The Hur,lan Rights
Commission. Motion, Ayes (3) - Nays (0) .
�
Dick Benson, City Administrator, presented the HUP�AN RI�HTS BY-LAWS
s City Council with the attached By-Laws for the
Human Rights Commission, pages 52 & 53
�
� Mayor Van Nest moved, Paurus seconded, to deny DENY REFUND
the request of George Grooms, 3065 rdorth Shore George Grooms
Drive, for a refund of $3. 41 for a penaltv
i charge on his sewer billing. PSotion, Ayes (3) -
Nays (0) .
�
� Mayor Van Nest announced that the December 26 , ELIMINATE COUNCIL P�iEETIN�
1977 Council meeting has been eliminated.
S
� Mayor Van Nest r7oved, Paurus seconded, that SPECIAL NIEETING DATE
� the City Council hold a special meeting, December 20, 1977
Tuesday, December 20, 1977 at 7: 00 P.DZ. to
� discuss the 1978 employee salary resolution
and 1978 appointments. Motion, Ayes (3) -
� Nays (0) .
�
�
S
�
�
�
�
` Page 52
• BY L?+��'S FOR ORO?]O HU?'.'�N RIGHTS CO?;.MISSION
�
� Pur_suant to Ordinance ?Jo. 95 adopted bv tne City Council of Orono
� ielating to and providing for the establishment, appointment, .
organization and responsibilities of Orono Human �ights Commssion,
� the said Coru:lission does hereby adopt the follo�ving by-laws and
rules for the conduct of its affairs.
�
Article I . Nar�e
+ The narne of this organization shall be the Orono Human
� Rights Corunission.
` Article II . Policy
� It shall be the public policy of the Orono Human Rights
CorUnission to fulfill its responsibility as a partner with the State
� Depar unent of Hur.lan Ri�hts in securing for all citizens equal
opportunity in housing, employment, public accommodations , public
services, and education, and to work consistently to ir-tprove the
� 3iur*ian relations climate of Orono.
� Article III . P4embership
� The Corunission shall consist of eight (8) merlbers
appointed by the City Council with the recomr,iendations of the Human
Rights Comrnission. Each shall be appointed for a term of three
vears with rotating reappointments.
� f
� Article IV. Officers
Section l. Personnel
� The officers shall consist of a Chair, Vice-Chair
and Recording Secretary_
. Section 2. Election and Term
Officers shall be elected for a term of one year
� at the regular r.ieeting of the Commission each year.
� Section 3. Duties
The Chair shall preside at all meetings and appoint
� committee chairs . The Vice-Chair shall preside in the absence of
the Chair and perform duties delegated by the Chair. The Recording
- Secretary shall keep minutes of all r.�eetings.
� Article V. Committees - rlembership
� Section l.
� The Commission Chair shall appoint comriittee chairs
when the need occurs.
� Section 2. Committee Secretary
� Each Cor�unittee Chair shall appoint a Cornmittee
� Secretary from the cornmittee r-�er.mbership who shall be responsible
for recording minutes of the meetings.
� -
�
! '
+ ' Page 53
� Section 3, t�9eetings
� The Corunittee Chair will schedule the corunittee
rn�>eting ti��es and places.
� Section 4 . Duties ,
� The duties of the standing cor:unittees shall be to
est�.blisn pro��r�rns in their are�3s of concern and r�ake recor,unendations
� to the Colr�mission.
� Article VI . P1�etings of the Cor*�mission
� Section l. Regular
• Tl�ere will be a minimur*i of two rm_etin�s per year on
the fourth Thursday of April and September at the Orono City Council
� Chambers. �
� Section 2. Special
Additional me�tings r.1ay be called at the request of
� t�ao menbers of the Commission or at the descretion of the Chair.
� Section 3. Voting
� A quorum shall consist of five mer►bers. All
reco�:��rendations or motions must be approved by a majority of the
� r��embers pr�sent providing there is a quorur,►.
� I�rticle VII. Duties of the Cor_unission
� Section l.
• The Commission shall act as a governing body of
itself and the Commission shall receive and act upon ~��,orru�endations
� of the various comrlittees.
Article VIII. �endraents and Parlia�rentaYy Authority
Section 1.
_. These procedures may be ariended by a rlajority
vote of the Cor_irmission, a quorur.� being present, provided that a
� - seven day advance notice has been given all members.
�
�
�
�
�
�
s ,
� R;GULAR ?�lEETING OF TIIE OROIJO COUNCIL, DECEr4BER 12 , 1977 Page 54
� rlayor Van Nest announced that a public hearing PUBLIC HEARING DATE
will be held January 23, 1978 at 7 : 00 P.P4. On-Site Disposal
� concerning an on-site disposal ordinance .
�
. I�9ayor Van Nest announced that a public hearing PUBLIC HEARING DATE
will be held January 23, 1978 at 7: 30 P.P4. Ring Route
� concerning the rinc� route.
�
Mayor Van Nest annou�zced that a West Hennepin W.H.A.D. MEETING
� Assessment District meeting will be held
• December 13, 1977 at 7: 30 P.P'I, in the Orono
Council Chambers.
a
� Dick Benson, City Adr,linistrator, informed the EP•iPLOY"?ErIT
City Council that early November, the police Police Department
� departr►ent advertised and accepted applications
. for the position of patrol officer. Forti�-six
people came for the written examination; twenty-
� three passed this process and took the psychological
testing process. From this process , nine survived.
' On Saturday, Decer.iber 10, 1977, an oral board
was held consisting of r�arge Gasch, Phyllis
� O'l�alley, Curt Quady, Don Davis and Reverend
Douglas Potter. The oral board made the following
determinations : �
� l. John Pielow 6. `?'ed Westerdahl
� 2. Bruce Anderson 7. Barry Swanson
3. Stephenie Olson 8. Davis Bureske
4. Larry Schlazinger 9. Steven Osgood
5. David Pierson
i Record cliecks, background, physical agility, and �
medical examinations remain in the testing process.
• I request permission to put two persons on as soon
as possible after the first of the year. The
+ second person becomes necessary because of the
Hennepin County Board' s action cutting their
� patrol activity south of Highway #55 .
' Dick Benson also presented the City Council with a
report on 1978 police services contracted to other
cor.ununities, which states:
� The adopted 1978 Police Departr.ient Budget included
� salaries of two additional police officers . However,
due to the fact that one officer was to be hired
� in early 1978 and the second was to be hired at
some later unspecified date, we did not apportion
� the total Adopted Budget for the nurpose of
deterr.lining the amounts to be char_ged to those
communities which contract with Orono for police
� service. The portion of the Police Budget which
was to be shared by the cor_ununities excluded the
(Continued)
i . '
�r �kEGULAR MEETIIIG OF THE ORONO COUNCIL, DECEiiBER 12, 1977 Page 55
� salary cost of one additional police officer. EMPLOYi'IENT
� The Adopted Budget is $278, 901. The salary Police Department
ariount excluded fror.i this figure �vas $12, 769. (Continued)
� �i�herefore , the net amount of the 1978 Budget for
the Police Departr.lent to be apportioned between .
� the cor.ununities of Long Lake, P�aple Plain, and
Orono was $266 , 132, as the following chart indicates :
�
� . 1978 Budget Town Aid Net
Co�nmunity Population Percent Share Credit Share
� Long Lake 1, 720 16. 715 $ 44, 484 $ 2, 340 $ 42, 144
� Maple Plain 1, 370 13. 314 35, 433 1, 864 33, 569
, Orono 7, 200 69. 971 186, 215 9, 796 176,�+'19
Totals 10. 290 100.-000 $266, 132 5�14� 000 S252. 132
0
� Since the time of t?�e original apportionment of
� costs, The City of Piinnetonka Beach has been
� added to the area of police protection served
by the City of Orono, effective January 1, 1978.
� This added area of responsibility will mean the
hiring of the second officer sooner than originally
anticipated. For this reason, the total Adopted
.,` Police Budget should now be apportioned between
all conununities involved.
The total Budget of $278, 901 ($266 , 132 plus
� $12, 769) will now be apportioned as follo���s:
' 1978 Budget Town Aid Net
Community Population Percent Share Credit Share
Long Lake 1, 720 15. 838 $ 44, 172 $ 2, 217 $ 41, 955
� Maple Plain 1, 370 12. 615 35, 183 1, 766 33,417
Mtka. Beach - 570 5. 249 14, 640 735 13, 905
Orono 7, 200 66. 298 184, 906 9, 282 175, 624
,• Total 10, 860 100, 000 �278, 901 14 000 $264, 901
Mayor Van PJest rioved, Paurus seconded, to employ POLICE PATROLTiAP1
P�ir. John E. Pielow, 721 36th Avenue lJE, Piinneapolis , John E. Pielow
� as a police patrolman with a beginning salary of
$1, 093. 00 per month, effective January 15, 1978.
� 2�iotion, Ayes (3) - tlays (0) .
I�Iayor Van Nest moved, Paurus seconded, to er.lploy POLICE PATROLPZAN
I�Ir. IIruce L. Anderson, 16220 4th Avenue N. , j�ayzata, Bruce L. Anderson
as a police patrolman with a beginning salary of
$1, 093. 00 per month, effective P4arch l, 1978.
P�Iotion, Ayes (3) - Nays (0) .
, , ' -
REGULAR P�IEETING OF THE ORONO COUNCIL, DECEP'iBER 12, 1977 Page 56
Mr. Bruce P4alkerson, City Attorney, informed the DONALD E. CARLSON
City Council of a swnmons received November 16, vs .
1977 concerning Donald E. Carlson, Plaintiff, CITY OF ORONO
vs. City of Orono, Defendant, which states:
THE S`i`'A�i'E OF IIIPJNESO`?'A TO THE ABOVE-NAPIED DEFENDANT:
* YOU ARE HEREBY SUPu40NED and required to serve upon
plaintiff' s attorneys an Answer to the Complaint
which is herewith served upon you within twenty (20)
� days after service of this Suirunons upon you,
• exclusive of the date of such service. If you fail
to do so, Judgment by Default will be taken against
� you for the relief prayed for in the Complaint.
y By: R. Donald Hawkinson
726 P'tidland Bank Building
Minneapolis, Mn. 55401
� COMPLAINT
� Plaintiff, for his Cor.iplaint, states and alleges
., as follows:
� I. Plaintiff, as adult, is a resident of Hennenin
County, State of P4innesota.
II. That defendant by its agents or em�loyees
negligently allowed a dog to be inside
� defendant' s Golf Club House located at
defendant' s Golf Course on or about August 6 ,
■ 1977. That said Dog at the time relevant to
- this matter was lying on the floor in front of
� defendant' s sales counter_ Defendant had a
� duty to pravide a safe, obstacle-free access
� to the sales counter so that persons, and
especially the plaintiff herein, when walking
toward the counter would not be injured by
, falling over the dog. That defendant and its
- agents breached said duty.
III . That as a direct result of defendant' s failure
to provide a safe, obstacle-free access to the
sales counter, plaintiff, without negligence
• on his part, on or about August 6 , 1977, fell
over a dog when approaching defendant' s sales
' counter injuring hir_Zself, becoriing disabled
and unable to pursue his occupation, and
incurring medical expense in being exartined
and treated for said injuries. (Continued)
R
�
_ T �JLAR PIFETING OF THE ORONO COUNCIL, DrCEP2BER 12 , 1977 Page 57
IV. That plaintiff suffered severe pain and DONALD E, CARLSON
considerable discoMfort and was unable to vs.
perforrn his customary occupation for t�ao days CITY OF ORONO
J resulting in a loss of earnings in the amount (Continued)
of $200. 00. That plaintiff incurred medical
,� expense in the amount of $33. 20. Furthermore, �
plaintiff has incurred and will continue to
� incur reasonable attorneys fees, court costs
and disbursements as a result of these injuries.
j7,iE�EFOn�,. nlainti¢� de�ands judgrlen� against
defendant as follows:
1. For a judgment in the ar:�ount of $233. 20
for r.iedical expenses and loss of earnings ;
2 . For a judgment in an amount to be determined
by the Court for the pain, suffering, dis-
comfort and inconvenience suffered by the
plaintiff as a result of defendant' s negligence;
, 3 . For judgment for reasonable attorneys fees, court
- costs and disbursements incurred by plaintiff
as a result of defendant' s negligence.
By: R. Donald Hawkinson
Attorney for Plaintiff
Mr. Bruce P4alkerson, City Attorney, noted that the
City's Insurance Agent is reviewing this claim.
, Mr. IIruce PZalkerson, City Attorney, presented the City VIOLATION FINES
Council with an ordinance to amend the Orono municipal
code to increase the maximum fines for violations
fror.t $300. 00 to $500. 00. It is recommended that the
City Council approve this ordinance as soon as possible.
There is no need for a pbulic hearing.
t�Iayor Van Nest moved, Pesek seconded, to adopt Ordinance ORDINANCE NO. 205
No. 205, An Ordinance To Amend The PZunicipal Code Of Violation Fines
� The City Of Orono Relating To ?4aximur.l Fines For
Ordinance Violations. P�otion, Ayes (3) - iiays (0) .
Mayor Van Nest r.loved, Paurus seconded, that the All BILLS
Funds Accounts 1650 through 1707, 6031 through 6074,
6077 through 6084 , 19644 through 19646 and Lic�uor
, Store Accounts 12262 through 12273, be paid. P4otion,
., Ayes (3) - Nays (0) .
rZayor Van Nest moved, Pesek seconded, that the meeting ADJOU 1MENT
be adj ourned at 12 : 05 A. P2. PSotion, Ayes (3) - Nays (0)
. � ,
� j �
� �� illiam B. Van e t, i�ayor
i Attest:
Walter n on, Clerk-Administrator