HomeMy WebLinkAbout01-23-1978 Council Minutes • � CITY OF ORONO
Regular Meeting of the Orono Council, 7 : 00 P .*4.
January 23 , 1978
The Orono Council met on the above date with
the following mernbers present: tdayor Van ilest,
Councilmembers Paurus and Pesek. Absent: Council-
mernbers Butler and P7assengale. Also present: City
Adr.tinistrator Benson, Public �aorks Coordinator
Gerhardson, City Attorney t�ialherson, City Engineer
Olson and City Engineer Frank. Absent: Assistant
Building & Zoning Administrator Olson.
Mayor Van ilest announced that this was the time and PUBLIC I�EARING
place for a public hearing concerning an ordinance On-Site Disposal
regulating construction, operation and maintenance
of all on-site se�aage treatr.lent syster.ls within the
City of Orono. City Administrator Dick Benson
presented the Notice of Public Hearing and the
i Affidavit of Publication.
! r4ayor Van Nest explained the proposed ordinance for
on-site sewage systems within the City of Orono,
corTmr.�enting that the intent of the City is to provide
for inspection of all septic syster.is to i�sure
proper design, construction, location, use and
r.maintenance in the future for the safety, health
and welfare of the citizens of Orono and to avoid
large expenses of providing central sewers where
such expenses can be avoided.
Unidentified person asked how these inspections
will be financed.
2�Iayor Van Nest stated that the first year will be
financed through our Cor.ununity Developr.�►ent Block
Grant Program, in the ensuing years, each homeowner
will be licensed, monies derived from license fees
will be used to offset these expenditures.
After all persons present had an opportunity to be
heard, the public hearing was adj�u�ned at 7:10 P.�i.
P�4ayor Van Nest announced that this �vas the time and PUBLIC HEARING -
place of a public hearing regarding proposed projects 7 : 12 P.M.
and activities to be funded under Title I of the Block Grant Progr�
Housing and Community Development Act of 1974. City
Administrator Benson presented the Notice of Public
Hearing, the Affidavit of Publication, and the
Certificate of P4ailing.
Mr. P9ark Hendrickson, member of the Fiennepin County
Development Planning Department, discussed the Year IV
Corrununity Developr.lent Block Grant Program stating that:
' (Continued)
REGULAR t�lEETING OF T�iE ORONO COUr7CIL, JANUARY 23, 1978 Page 2
One of the major changes in the proposed CD regs PUBLIC HEARING
effecting the Year IV application is the require- Block Grant Funds
lent that Community Development projects serve a (Continued)
geographic area "wliose population contains a
majority (51�) of low and r.�oderate incor.►e persons. "
A geographic area can be one or r►ore census tracts
or a portion thereof, enumeration districts or a
portion thereof or any other appropriate area.
Moderate income is considered to be 80� of the
median incor.►e in the SP•1SA and low income 50 0. In
order to deterMine if a project location will meet
this test, it will be necessary for you to analyze
the available data.
The most readily available data is contained in
th e 1970 census by census tracts, fiowever, it
has been determined that there are no Urban County
cor�u�unities with census tracts which caould meet
this requireMent. Therefore, the data will have
to cor,ie from sMaller areas within the census tract
or enumeration districts. Two potential methods
for getting the data to make a determination are
(1) using 1970 census block statistics or (2) con-
duc ting a survey of current household income utilizing
the most recent (1977) median income figure for the
sr1sA.
1'he median incone of the PZinneapolis/St. Paul Sr�SA
1977 is $19 , 400 as determined by United States
Departrnent of Commerce. Eighty percent of this
$15, 520.
At a minimur.i a survey, either mailed to households
for return or through interviews should determine:
l. if the household incor.le (income of all individuals
over age 18 living at this residence) is either
above or below $15, 520
2, the number of persons in the household
Year IV Funding Estimates
In order to deterrmine target planning amounts for sub-
grantees from a date base consistent with the data
base from which the Urban Countv entitlement allocation
is determined by HUD the 1973 po�ulation figures , present
in the formula for Year III funding, will be used
instead of the revised 1973 population figures used
in the estimate of Year IV target planning funding
amounts received earlier.
(Continued)
12EGULAR ME�TING OF THE ORONO COUNCIL, JANU�RY 23, 1978 Page 3
Mayor Van Nest corunented that the Planning PUBLIC HEARING
Coru�ission had held a public .hearing on January 16 , Block �rant Funds
197II and the following projects were di�cussed: (Continued)
1. Individual se�•�er connections to municipal
sanitary sewer.
2. Traffic light near school.
3. Community septic system in Stubbs Bay Area to
correct existing problems. .
4 . Planning (Comprehensive Plan)
5. Administration of Projects �
6. Upgrading of municipal buildings.
Mayor Van Nest comMented that it appeared that the
raonies available, approximately $59, 976, should
be used for:
l. Comprehensive Planning and administration costs.
2. Comprehensive Sewer Plan
3. Dutch elm removal for the elderly on fixed incomes
4. Street paving
After all persons present had an opportunity to
be heard, the public hearing was closed at 7: 25 P.M.
Paurus moved, P4ayour Van Nest seconded, to approve
the expenditure of approximately $59 , 976 , Block
Grant Funds, for the above stated purposes and
requested the City Administrator to prepare �
resolution for the next Council meeting. t�otion,
Ayes (3) - Nays (0) .
Mayor Van Nest announced that this ��as the time PUBLIC HEARING 7 : 30 F
and place for a public hearing to receive citizen Ring Route
input on the proposed route which is being
considered at this time for a connecting link
bet�•aeen the intersection of County Road No. 19
and No. 84 and the intersection of County Road
No. 6 and L9atertown Road. City Aclministrator
Benson presented the Notice of Public Hearing,
the Affidavit of Pulbication and the Certificate
of ilailing.
Dick Benson, City Adr.tinistrator, presented the
following letter dated January 4, 1978 to the
Citizens of Orono, which states :
(Continued)
REGULAR A'iEETING OF THE ORONO COUNCIL, JAPdUARY 23, 1978 Page 4
At the direction of the City Council, the City Staff PUBLIC I�EARING
has set a third public hearing .for January 23, 1978 Ring Route
at 7: 30 P.Pi. in the City Council Char.lbers to receive (Continued)
citizen input on the proposed planning and possible
construction of a segrlent of the ring route. The
construction of this ring route segment would be
the first step in reducing the ir,lpact of traffic
with its inherent polluting eff_ects upon the County
Road No. 15 scenic parkway corridor and Lake P4innetonka
between Navarre and Wayzata.
The proposed segment of the ring route under consideration
at this time is a connecting link between the inter-
sc�ction of County Road P1o. 19 and rdo. 84 and the inter-
s�.ction of County Road No. 6 and �aaterto�an Road. This
new roadway segment of approximately 9/10 of a rmile
is proPosed to be constructed under the P�4unicipal
State Aid program utilizing State funds allocated
to the .City for roadway construction and upgrading.
As proposed, the construction of this ring route
' segment w ould necessitate the acquisition of private
lands but would not require the removal of any
existing residences. A sketch of the location of
the proposed right-of-way is on file with the City
Administrator and will be available for review at
the City offices and at the public hearing on
January 23, 1978. The attendance of all interested
parties is encouraged.
End of letter
The following letter ��as received from Herbert
O. Klossner, Hennepin County Department of Trans-
portation, dated January 19 , 1978, which states:
Since our letter dated December 29 , 1977 to Psr.
Gregory Frank, McCombs-F:nutson Associates, Inc.
regarding the pre.liminary engineering report for
the proposed Ring Route in Orono, we have met with
P'ir. Frank and been able to review in more detail
the alignment for the proposed Ring Route.
Hennepin County believes that after cor.►pletion of
the proposed Ring Route and after extension of
CSAH 19 to connect to County Road 29 at the TH 12 ,
the predominant r:lovement at the intersection of
CSAH 19/Ring Route will be to and from the northeast
on the Ring Route. For this reason, Hennepin County
now agrees with the proposed alignment shown on the
preliminary engineering report. Please disregard
A-Itern 1 in our December 29 , 1977 letter.
End of letter (Continued)
REGULAR i�IEETItdG OI' TIiE OROP10 COUNCIL, JANUARY 23, 1978 Page 5
The public hearing notice was mailed to all residents PUBLIC I�EARING
of Orono in a City-wide bulk mailing and to the Ring Route
following persons: (Continued)
Minnesota Highway Department City of Tonka Bay
District Office Mrs. Dorothy Holde
2055 North Lilac Drive 490.1 2ianitou Road
Golden Valley, Minnesota 55422 �xcelsior, 24innesota 55331
Mr. A. J. Lee City of Long Lake
Hennepin County Public �•�orks Dept. Pirs. Debbie Stinson
320 Washington Avenue South Long Lake, Piinnesota 55356
Hopkins, P4innesota 55343
Mr. Kenneth Turnham
Building Inspector
3D4 South Division Street
Northfield, Minnesota 55057
City of Independence _
Mr. �arl Taylor, Clerk
t�iaple Plain, i4innesota 55359 •
City of Minnetrista
Mr. Jeff Nelson, Clerk
7701 County Road 110 �a.
t4ound, ilinnesota 55364
City of P'Iinnetonka Beach
Mrs. Carol Woodward
i�iinnetonka Beach, Minnesota 55361
City of tiound
Mr. Leonard Kopp
5341 P'iaywood Road
Mound, Minnesota 55364
City of Spring Park
Mrs. Patricia Osmonson
4349 ti�arren
Spring Park, l'Iinnesota 55384
T.t4.G. Corporation
c/o Steve �aallack
614 ilorth First Street
Minneapolis, t2innesota 55401
City of Medina
2052 County Road 24
Hamel, P4innesota 55340
City of Maple Plain
Mr. Donald Loebrick
Maple Plain, 2iinnesota 55359
REGULAR t4EETING OF TIiE ORONO COUNCIL, JAPIUARY 23, 1978 Page 6
The following persons attended the nublic hearing: PUBLIC HEARING
Ring Route
Mr. & PZrs . Bauchard - 1860 Shoreline Drive (Continued)
Peggy �Jatson - 900 Partenwood Road
I'Iarc fiannama�n - 4135 t2anchester Rd, iiound
Fred Herfurth - 635 PJorth Ferndale Road
Jim Lawrence - 1550 Sixth Avenue North
Al Landberg - 2325 Fox Street
Bernard Kogan - Long La):e
John Menge - 320 Turnharl Road
C. E. Larson - 4285 Sixth Avenue North
Richard Grinley - 25 5tubbs Bay Road North
Jim Whitesell - Laker P7ewspaper - Piound
Hariil PZoran - 2965 Casco Point Road
Davic '_ers - 145 Turnham Road �
Mr. & s. Gulbranson - 125 Turnham Road
Rober _ , Compton - 4545 Watertown Road
Tirt Sw� n - Rt. 2, Box 14, PZaple Plain
Ray Prigl - 4380 Si�:th Avenue North
Loren Butterfield - 3925 Watertown Road
Dudley Russell - 1487 Shoreline Drive
Russ �9enkstern - 645 Pdorth Arm Drive
H. R. Ross - 3440 nayside Road
John & Frances Piiller - 4385 Chippewa Lane
Consuelo Carruthers - 580 Orchard ParY. Road
Joe Sawcnuk - 4105 �;latertown Road
Sara Wy� =t - 4325 Sixth Avenue Pdorth
Mr. Gre. Frank, City Engineer, explained, using maps,
the prc:��osed routing of the ring route, corlmenting
that tne estimated cost to construct would be
apprc :imately $608 , 700. It would take one year
to �: �uire land and one year to construct with
cor.lr ,tion in the fall of 1979 or spring of 1980.
P�Ionies accrued for this project are derived from
the gas tax and .vehicle registration fees.
Russ [�enkstern, 645 P7orth Arm Drive: P�hat is the
status of connecting to this street?
P4ayor Van Nest: First phase 1980, tiound to County
Road #�151. Between County Road #�151 and County Road
#84 , second phase, sorie construction will follow
after 1980. We are attempting to avoid e�etlands
as much as possible.
Bernard Kogan, Long Lake: What are other plans?
Mayor Van Nest: Second phase is what I explained
to Russ �-Jen}:stern. [7e are giving people a viable
alternative to Piinneapolis. Hennepin County does
want to work with us on this.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JAPIUARY 23, 1978 Page 7
John R. P4iller, 4385 Chippewa Lane: If this first PUIILIC HEARING
sec�ment works, the proposal in . f_ront of us, how do Ring Route
we know traffic will be relieved on IIennepin County (Continued)
�15?
r4ayor Van Nest: i4ound and P�innetrista will have
additional growth which the ring route will benefit.
Navarre will not have significant future growth.
This route will not only relieve some of the present
traffic flo�ving from r4ound, but will relieve us of
additional traffic generated by additional growth
west of us.
Councilrnember Paurus: �9e have an obligation to
continue our planning process. Heavy truck traffic
and weekend traffic will benefit by this route. �ae
have completed r.many hours of study on this. We
cannot always assume what might happen.
Unidentified Person: ��That is traffic .volume now?
Mayor Van Nest: Intersection #15 � #�19, 15 , 000
cars/day.
Unidentified Person: Will you not have to four-lane
County Road #15 anyway?
b4ayor Van Nest: 6�7e want to protect the lake, ihe
public has already indicated that they do not
want to four-lane County Road #15.
Unidentified Person: Won't increased distance pose
a problem?
Mayor Van I1est: We believe people will save tirle
- drivinq the ring route.
Tim Sween, Rt. 2, Box 14, rsaple Plain, entered the
follo��ing data he had recorded:
Driving time and miles from County Roads #19 & #15 to
Highway #12 and County Road #15 , six rliles , eight
minutes. County Roads #19 & #15 via proposed route
19 r.►inutes, twelve miles. I believe County Road #15
should be four-laned.
P�'layor Van PJest: It is not Pnvironrlentally sound to
upgrade County Road #15. The �lake is significant
to all of us and has to be protected. �•�e also cannot
build a wall. We have to build this proposed ring route
segment to allow people to travel to the east. If
we do not, we will have a complete bottle neck.
H. R. Ross, 3440 Bayside Road: Have alternatives
been studied? (Continued)
REGULAR DiEETING OF THE ORONO COUNCIL, JArIUARY 23, 1978 Page 8
Mayor Van Nest: We have studied alternatives for PUIILIC HEARING
eight years and have found none. Ring Route
(Continued)
Councilmer.mber Pesek: When Highway #12 becomes a
freeway, this route will be a valid one.
Joe Sawchuk, 4105 4Jatertown Road: Is this a
twenty-year plan?
Mayor Van Nest: I�7e are basically looking at a two-
year tir►e frame for completion. Highway #�12 is 20-
30 years away. We need relief highways or streets now.
Joe Sawchuk: Can you stop Mound from planning?
PZayor Van Nest: No.
Frances M. I4iller, 43II5 Chippewa Lane: t�7hat plans
do you have to handle traffic from County Road �6
to Highway #12? �
Idayor Van Nest: 1979-1980 the State will construct
channelization and improve the intersection at
Highway #�12.
Frances Miller: How about a light?
Mayor Van Nest: We do not have authority to install
a light.
Frances Piiller: What are anticipated traffic volumes?
Greg Frank, City Engineer: First day after construction:
3, 000 vehicles per day; year 2000 - 7, 000 vehicles per
day; now - 1978, 1, 490 vehicles per day.
Mayor Van Nest: �9e do not know what will happen
to the County Road �15 traffic in ten years. �ae
know that right now County Road #15 is and will be
intolerable if something is not done. �
Jim Gulbranson, 125 Turnham Road: Have you checked
up-grading of County Road #110 to County Road '#6?
Mayor Van Nest: In 1972, County Road #110 was to
be upgraded. County Roads #19 , #6 , and #19 were
all to be tied together. The planning was not
cor.mpatible to good traffic patterns.
Jim Gulbranson: What is going to happen to Long
Lake and High�•�ay #12?
P4ayor Van Nest: Highway #12 is going to receive
more traffic.
(Continued)
REGULAR P4EETING OF THE ORONO COUNCIL, JI�JUARY 23, 1978 Page 9
Jim Gulbranson: Going around Long Lake on County PUBLIC HEARING
Roads #6 and �101 is okay, but Long Lake will suffer Ring Route
with this plan. For how long will this relieve (Continued)
traffic on County Road #15?
P�Iayor Van Nest: Our concerns are not only the
present transportation problems on existing streets
such as County Road #15, but we are also concerned
with a proposed I-394 to be constructed to our
eastern borders. This will create a major problem
on our existing streets. This is the tirne to look
ahead and plan for tlie future. We all need a reliable
access out of the lake area, not only for our own
daily needs, but for emergency vehicles as well.
This proposed ring route is a reasonahle solution
to this problem.
Jim Gulbranson: What are western suburbs population
forecasts?
P•Zayor Van Nest: Very minimal by A4etro Council pro-
jections. Which as you know, are amended occasionally.
�ae have to plan now to attempt to research alter_native
routing.
Herb Ross: This proposal should not be a City
function. You cannot build this road for $6Q0, 000.
It will cost twice that amount, probably over $1, 000 ,000.
Mayor Van Nest: In 1972, Hennepin County proposed
these alternatives, and we approved these as did
Mound and Minnetonka Beach. T�hen Hennepin County in
1975 dropped these alternatives from their program, '
we felt that we should continue our efforts to
resolve our local transportation problems. $80 ,000
of ri.S.A. monies are earmarked each year for new
construction_ $17. , 000 is used or allocated to us
for street maintenance, such as sealcoating, etc.
corirnunities less than 5, 000 people r.eceive monies
from Fiennepin County to be used for street work.
Loren Butterfield, 3925 F7atertown Road: To set the
record straight, it should be said that Orono does
not receive these rmonies for future construction,
they are available and are actually accrued as an
account balance for new construction.
l�iayor Van Nest: That is right. The purpose of
these funds is to build this route.
H. R. Ross: We should upgrade County Road #15 with
these funds. -
Loren Butterfield: [aill channelization at Highway
#12 handle 7, 000 vehicles per day?
REGULAR r�iEETIrIG OF THE ORONO COUNCIL, JAt1UARY 23, 1978 Page 10
I�Iayor Van P1est: We instructed the State to review PUBLIC IiEARING
our plan and route and to interphase our plan with Ring Route
theirs.
(Continued)
Dudley Russell, 1487 Shoreline Drive: Hennepin
County Road #15 should not have commercial traffic
on it and should be restricted as streets around
Minneapolis lakes. It certainly is not feasible to
upgrade County Road #15.
Robert Birkelanc�, 1298 Wildhurst Trail: I did
not understand your future projections for State
Highway #�12.
I�iayor Van Nest: Highway #12 has been dropped from
their 20-year program.
Robert nirkeland: I would like to see sor.ie ir*mprove-
ments to alleviate traffic on County Road #19 , Saga
Iiill.
b7ayor Van Nest: I would like to note that the
Tanager Lake Bridge on County Road #�15 will be
rebuilt the same construction year as the Orono-
Long Lake interceptor.
Graydon rscCulley, 980 Tonkawa Road: I would like
to see this proposed route further to the west.
1 am also very conscious of the problems on County
Road ��15. I feel if this is where the route should
be, and it will relieve current traffic problems on
County Road �15, I am for it.
Unidentified Person: Noise will be a problem for
some persons. Will there be provisions for bike/
hike trails? �
Pdayor Van Nest: They will be considered.
Consuelo Carruthers, 580 Orchard Park Road: Has
railroad traffic been considered?
Mayor Van Nest: All rails run east and west. Car
traffic patterns will be a problem regardless of
where we go.
Consuelo Carruthers: I do not know how this can be
possible.
Eiamilton Moran, 2965 Casco Point Road: T-Jon' t the
State help us?
r�iayor Van Nest: Their plans are not nrojected for
.'0-30 years. We have to do something now.
(Continued)
FtEGULAR MEETING OF TIiE OROtJO COUNCIL, JI�IUARY 23, 1978 Page 11
Chuck Larson, 4285 Sixth Avenue North: Is this PUBLIC HET�RING
going to be a four-lane road? Ring Route
(Continued)
Mayor Van PJest: Two-lane. Fiennepin County r►ight
take this over soMeday. Our standards are for
two-lane construction.
Chuck Larson: tJhat is speed design?
P�iayor Van Nest: 55 miles per hour.
Chuck Larson: East of Long Lake speed limit is
40 miles per hour.
Mayor Van Nest: This is a State function and will
certainly be reviewed.
Leo Pollock, 3640 Northern Avenue: I would not
have purchased my property in this area if I would
have known about this proposal. Tt does not seer.t
rational to increase traffic to Long Lake and funnel
into a 40 mile per hour street.
Councilmember Paurus : The planning and future of
State Fiighway #12 will take years to develop.
D4ayor Van Nest: Everyone should be aware that this
is the third public hearing on this matter and has
been discussed for many years.
John t4enge, 320 Turnham Road: Hennepin County
will build what! when!
P�ayor Van Nest: 1980 r�Iound to County Road #151.
In the future, Iiennepin County will build from
County Road ;�110 to County Road #151 and connect
to our ring route and take our ring route over if
desired at that time.
John P�ienge: Why can' t we coordinate with Hennepin
County in 1980?
P�ayor Van Nest: We are now coordinating with
Hennepin County. They are now acquiring right-
of-way.
Bernard Kogan, Long Lake: I understand your
intentions but Fiighway #12 , County Road u6 and
Watertown Road will suffer from additional traffic. .
Peak hours will be impossible and will create
tremendous problems for other people on other
roads. The present situation is easier now than
your proposal. I never heard of an accident where
the traffic is going now.
Robert Compton, 4545 �aatertown Road: I don' t want
to have the road go through my property and r.►y back
yard. I chose my area because of existing traffic.
(Continued)
R�GULAR MEETING OF TIi� OROP�O COU2ICIL, JAP7UARY 23, 1978 Page 12
You are taking my property to burden me with more PUBLIC HEARING
traffic. Ring Route
(Continued)
Mayor Van Nest: Orono has to plan for the future.
We have to provide cost effective viable routes to
relieve the traffic now and in the future. We
need an alternative.
Leo Pollock: Has the MTC been approached to update
bus services to help relieve traffic?
Councilmember Paurus : Bus ridership study indicated
that this area, P�Iound and Orono service to P-Zinneapolis
is fully serviced now. A figure eight concept to
cor.lplete their routing might be viable.
Richard Grinley, 25 Stubbs Bay Road rdorth: This
route will set a precedent to route traffic from
P�ound to Long La}�e and A4inneapolis. I don' t think
this wi�l preserve open land for the future.
P�iayor Van Nest: 6�e have had many meetings and
public hearings on this proposal, it is part of
our Comprehensive Guide Plan, which ��as approved
by the P�Ietropolitan Council in 197.4. Our plans for
this area is five-acre zoning. Other areas
contiguous to this is two-acre zoning. �9e have to
provide access for areas to the west of us_ We
are maintaining open space such as wetlands,
Baker Park, DNR Trail , City park systems, and several
golf courses which allows us much open �pace• areas.
The County has also considered routing traffic from
MMound and P�innetri�ta to Highway #7 but that has
presented many problems_
Unidentified Person: A- road is built and a Council
ten years from now changes the zoning, what happens
then?
llayor Van Nest: It ' � up to you-.
Bernard Kogan: You say you held three public hearings
to get a concensus, why not a referendur�? Allow the
people to vote on this.
Mayor Van Nest: A referendum is not necessary. None
of this project is being assessed.
David Deters, 145 Turnham Road: You must have r.lade
up your mind if you have gone this far.
Mayor Van IJest: We are waiting for your responses.
Councilmember Pesek: I believe that this hearing
and other hearings tell us what to do.
Unidentified Person: ���hy not a survey to indicate
our feelings.
(Continued)
REGULAR M�ETING OF THE ORONO COUNCIL, JANUARY 23, 1978 Fage 13
t�ayor Van Nest: This is what we are doing now. PUBLIC HEARINv
Ring Route
Unidentified Person: Let' s look at alternatives. (Continued)
County Road #6 a,nd Watertown Road, and Fiighway
#12 are bad now.
r4ayor Van Nest: We looked at alternatives to the
north but Hennepin County dropped their proposals.
No one has proposed a solution to the problem.
Nothing has been done. �ae have a problem now. We
cannot wait another ten years.
Dudley Russell: It app�ars that you have informed
everyone and I believe it is time to act.
Unidentified Person: Everyone on County Road #15
moved there knowing existing conditions. Why should
you move the traffic?
P�ayor Van Nest: It is obvious from Hennepin County
traffic studies that the situation ha_s become worse.
After all persons present had an opportunity to be
heard, the public hearing was closed at 9 : 25 P,r4.
Councilmember Paurus suggested that if the citizens
want to become involved that a citizens committee
should be formed.
D�ayor Van Nest commented that the City shquld not
appoint such a committee but if a group of citizens
want to explore this proposal in depth, they should
do so before the next Council meeting.
Mayor Van Nest r.ioved, Pesek seconded, to table any
further action until the next Council meeting to
allow the public to respond to this proposal.
Motion, Ayes (3) - P1ays (0) .
Paurus moved, PeseY seconded, to approve the :4INUTES
Minutes of the Regular Meeting of December 12 , December 12 , 1977
1977. Motion, Ayes (3) - Nays (0) .
No comr.ients from the Park Commission. PARK COr�iMISSION
No cornments fror� the Planning Commission. PLANNING COP�NIISSION
Councilmember Paurus, Orono' s representative to Lr2CD REPORT
the Lake Minnetonka Conservation District,
announced the Li�iCD meeting to be held T9ednesday,
January 25, 1978 at 8 : 00 P.P-4, at the Freshwater
Biological Institute.
REGULAR r4EET ING OF THE ORONO COU21C IL, JANUARY 2 3, 19 7 8 P.::;e 14
r1r. Bruce 1�lalkerson, City Attorney,stated that SUBDIVISION
the attorneys representing r2r. Joe Braun and Mr. 3024 Casco Poii�� iZcad
Plowr.lan requested this matter be postponed until #2
the next Council meeting. Joe Braun
r�ayor Van Nest moved, Paurus seconded, to table
the subdivision request of Joe Braun, 3024 Casco
Point Road, until the next Council meeting.
P�otion, Ayes (3) - P1ays (0) .
Pdayor Van Nest reviewed the Planning Cor.unission SUBDIVISION
minutes of January 16 , 1978 which recomr.iend the 3201 Navarre Lane
following conditions subject to approval of the #266
final plat: � Crosstown Properties
l. �-Vater service for all homes in both Orono and
P�Iinnetonka Beach to be supplied by Orono because
of lack of water pressure in P4innetonka Beach
� service lines.
2. Assessments and service charges for Minnetonka
Beach residences to be reviewed by Engineer
and by Council.
3. Sewer service to be provided by respective
municipalities.
4. Conservation and flowage easement over 0utlot C
(subject to approval of description by City
Engineer and City Attorney) .
5. Outlot B - Association commons parcel.
6. Outlot G designates private access road and cul-
de-sac_ (Council should consider underlying
easement subject to approval by City Engineer
and City Attorney.
7. 33' easement overlying Navarre Lane and County
Road #15 to remain as easement.
8. Park dedication fee of $1, 250 (five lots at $250
per lot) .
9. Approval and certification of plat by I�sinnetonka
Beach.
Mr. Sandy Ritter, representing the applicants ,
discussed the proposal.
Mayor Van Nest moved, Paurus seconded, to approve
the subdivision request for Crosstown Properties ,
3201 Pdavarre Lane, as per the Planning Commission
recor.unendations one through nine ahove adding the
follo�ving: (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 23, 1978 Page 15
10. Development agreement. SUBDIVISION
3201 Navarre Lane
11. Five proposed lots do not have riparian (Continued)
rights to the lake.
12. Title opinion to the City.
Staff to diaw �m a rnsolution fo_r next c�uncil m�`'�ir�g .
P�Iotion, Ayes (3) - tdays (0) .
i-Zr. Scott Ellis, 2701 Kelly Avenue; D1r. Crist, ��TALTER'S PORT
2699 Kelly Avenue; and P�r. DeGregory, 2713 Kelly #�245
Avenue, were present to discuss their letter
submitted to the City Council which states :
In regards to the updating of permit for Walter' s
Port Association as provided in the Council motion
June 13, 1977,
Pertaining to the north end of lagoon, which effects,
Richard Crist, Ar thur Ellis, and Robert DeGregory
properties only.
Arthur S. Ellis and Robert DeGregory properties
intend to use riprap. Richard Crist would like to
change from aluminum to riprap for purposes of
conforming with Arthur Ellis and Robert DeGregory
properties.
This petition is to update this change and obtain
Council approval of substituting riprap for seawall
on Richard Crist property only, as per Council action
on June 13, 1977.
The riprapping will be done in accordance with
Village engineering specifications. 4�e will also
submit a hold harnless agreement before we start
construction.
�ae are making the above request as per suggestion
of Dick Benson and Henry P'Iuhich, as of our meeting
with him on January 17, 1978 at 10: 00 A.M.
End of letter
Mayor Van Nest asked if the applicants had a
drawing or a plan.
Mr. Ellis: No, we would work with your engineer.
Mayor Van Nest: Yes, our engineer should review
this . Mr. Ellis, has this proposal been approved
by the Homeowners Association?
(Continued)
REGULAR PiEETING OF TtiE ORONO COUNCIL, JANUARY 23, 1978 Page 16
Mr. Ellis: You have approved it. [9ALTER'S PORT
(Continued)
'�r. DeGregory: Yes , the Association has approved
this proposal.
i�r. Ellis: Dsr. Crist, myself, and Mr. DeGregory
are the only ones involved.
Mayor Van PJest: The west wall has to be addressed
too. On the east wall, we have a new aluminur.► wall;
on the west wall, nothing has been done.
Mr. Ellis : On June 13, 1977, you approved this
proposal. The Council meeting previous to that one
you approved riprap on my property and P'Ir. Crist' s.
I want to do what was approved.
Mayor Van Nest: I do not believe the City Council
approved this proposal on the west wall. I would
want this reviewed by the staff and engineer.
Mr. Ellis: �ae want to use Class "A" riprap. We
feel th�t this is an engineering probler► only and
want to abide by his recommendation.
Mr. Crist: I think that aluminum sheeting at $100
per foot is too expensive. Riprap is safer if someone
falls in the lagoon and this is what should be done
to the north wall, �
Mr. DeGregory: We feel that we should be able to
work out our differences.
Rudy Hartmann: The Homeowners Association has ten
votes on any matter that involves these outlots,
lagoon,. road, and four-foot easer.ient and this
Association is empo��ered to act on all improver.lents.
We have had approval of all agencies on our plan
which was also approved by Orono in June. The
Association by vote has approved the plan. Now,
no one wants to pay for the expenses. �Ve have
provided for sheeting as required and all safety
requirements have been met. We have, by ir►ajority
vote of the Association,installed sheeting according
to plan. We have not had a meeting as an Association
to approve Nir. Ellis ' new proposal. I want to have
the Association approve this plan proposed by D4r. Ellis ,
and then, it should be presented to the Planning
Commission, City Council, Watershed District _and other
agencies for approval.
(Continued)
REGULAR MEETING OF TIiE ORONO COUNCIL, JI��UARY 23 , 1978 Page 17
Mayor Van tJest entered into the record previous WALTER' S PORT
Council P�inutes from the May 23 , 1977 and June 13, (Continued)
1977 meetings which state:
Henry Muhich, Building & Zoning Administrator, _ RIPRAP & SEA�4ALL
read into the record the following memo Walter' s Port Lagoon
concerning �ti'alter' s Port Improvement & Maintenance #245
Association, Walter' s Port Lagoon, dated May 9 ,
1977:
Council ?✓eeting - May 9, 1977
Approved dredging of lagoon and channel with
instructions to provide protection against
" spoils seeping into lake proper through the
mouth of channel. Also approved metal seawall
for east shoreline of channel and lagoon and riprap
of north shoreline of lagoon. Deferred action on
shoreline protection as proposed for west wall
because several members of association did not
agree with proposal as submitted. Council also
concerned with proposed west wall protection
because of necessity for use of City right of
ways for anchoring seawall. Conflicts with
City regulations for use of public lands for
�rivate improvements and benefit.
The City Council directed the City Engineer
continue reviewing proposal and report back with
most logical solution.
Letter from Greg Frank, City Engineer, dated
May 16, 1977:
On April 12, 1977, I met with Mr. & Mrs. Arthur
S. Ellis, Mr. Dick DeGregery, and Mr. H.R. Hartman . "
to discuss the subject dredging and riprap/seawall
application for the west side of the lagoon.
During the discussion, three basic proposals were
offered for the improvement and maintenance of
the west lagoon wall. They were as follows:
A. Construct an aluminum seawall: On �April 18,
1977, we discussed our concerns relative to
this proposal. Mr. Hartman has since had pH
and electrical resistivity measurements taken
and presented me the results. Based on these
tests, the seawall should not experience
corrosion. However, we still have concerns �
regarding the structural stability of the design
and would recommend that (1) soil borings be
taken to determine earth pressures,� and (2) detailed
structural design information be submitted to verify
the adequacy of sheeting length and anchors. (Continued)
REGULAR PlEETIN� OF TIiE ORONO COUPICIL, JAPIUARY 23, 1978 Page 18
If this alternative is selected, the anchors will RIPRAP & SEA4�'f1_t,l,
not to be located on City property. ��'alter' s Po ,�+- ' -: �on
(Cont_ i n;;:����
�. RipraP, If riprapping is undertaken, we
recommend that a maximum slope of 2: 1 be
used. Riprapping will require the removal of
the existing seawall, and will also eliminate
a portion of the marsh area on the west side
of the lagoon.
C. Re�air existing seawall. Portions of the
existing seawall are in poor structural
condition, but it would appear that the wall
can be renovated. Some deadmen anchors will
need to be replaced and all of these are
located on the City' s property. Portions of
the wall will need replacement and in a few
locations, this will only involve the replace-
ment of waters. -
Our understanding is that any improvement must be
satisfactory to all members of Walter' s Port
Improvement and Maintenance Association. At the
time at which the members have a definite proposal,
we would request that we have an opportunity to
review the specific details.
.nd of letter
Henry Pduhich, Building & Zoning Administrator,
also introduced Mr. Robert DeGregory' s letter
dated May 12, 1977, which states:
Since serious questions remain unanswered among
- members of the Walter' s Port Association regarding
allocation of costs, extent and type of repairs to
�e done on the lagoon, I, therefore, withdraw my
consent as indicated in the enclosed certificate
of approval submitted to the Council.
More importantly it appears that members of the
association may have exercised powers not avail-
able to them as stipulated in the protective
covenants of the Walter' s Port Associaton.
End of letter �
Council Meeting - May 23, 1977
Mr. Rudy Hartman stated:
'hat we are not tied to any one way of repair on
ae west wall, be it timber, aluminum seawall or
riprap, but that we be subject on any of these 3
on the advise of City engineering and Council
approval of what can and what cannot be done in
the opinion of the Council.
End of letter (Continuedl
R�GULAR P�ETING OF TIIE OROr�O COUNCIL, JANUARY 23, 1978 Page 19
Council J•7eeting - May 23, 1977 RIPRAp & SEAWALL
ayor Van Nest moved, Paurus seconded, to table, j'`'alter' s Port Lagoon
cor lack of information, the request for riprap �Continued)
and seawall for tti'alter' s Port Lagoon Assoication
until the meeting of June 13, 1977. Motion,
Ayes (4) - Nays (0) .
Council Iieetinc� - June 13, 1977
Iienry Piuhich, Building & Zoning Adrninistrator, �9ALTER' S PORT SEAWAL
read into the record that at the ?�:ay 9, 1977 n245 •
Council meeting, the City Council approved
dredging of lagoon and channel with instructions
to provide protection against spoils seeping into
the lake proper through the mouth of channel. Also
approved metal seawall for east shoreline of
channel and lagoon and riprap of north shoreline
of lagoon. Deferred action on shoreline protection
as proposed for west wall because several members
of the association did not agree with proposal as
submitted. Council also concerned with proposed
west wall protection because of necessity for use
of City right of ways for anchoring seawall.
Con�licts with City regulations for use of public
lands for private improvements and benefit.
�:ouncil directed the City engineer to continue
reviewing proposal and report back with most
logical solution.
Staff - May 19, 1977 .
Latest report -received from the City Engineer.
Council Meeting - May 23, 1977 �
Directed applicant to submit final proposal in
detail with approval .from Association. City Engineer
approval also required.
Suggested app�icant obtain approval from City for
use of public lands for anchoring of retaining
wall. Directed City Attorney review and resolve
legal procedures for obtaining this approval
legally. _
Staff - June 8, 1977
Received a copy of the latest, revised seawall
proposal dated June 2, 1977.
� _.sncil Meeting - June 13, 1977
Henry iduhich also introduced a letter for the
record from Barr Engineering, which states:
(Continued)
� � ' � Page 20
BARR ENGINFERING CO. �
CONSULTING HYDRAULIC ENGINEERS
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June 8, 1977
Mr. Robert DeGregory �
2713 Kelly Avenue
Excelsior, Minnesota 55331
Dear 24r. DeGregory:
On Thursday, June 2, at your request, I attended a meeting of your
neighborhood association for the purpose of reviewing the presentatioiz of
an aluminum sheeting system which has been proposed for rehabilitation of
the boat lagoon shared by the members of the -association. The purpose of
the letter is to review the information presented at that meeting and to
transmit the conclusions and recommendations which can be drawn from that
information. �
The proposed system consists of aluminum sheeting which would be driven
into the bottom of the lagoon on the water side of the existing timber retain-
ing wall. The sheeting would be tied back to anchors consisting of aluminum
sheets buried in the bank of the lagoon. The anchors would be coupled to the
sheeting by means of aluminum tie rods which would pass through slots cut in
the existing timber sheeting. -
The presentation of the aluminum sheeting system was conducted by
Mr. Robert Trees, a representative of Kaiser Aluminum S Chemical Sales, Inc.
Mr. Trees' presentation i�cluded many- slides depicting similar aluminum
sheeting systems which have been installed in other states. The slides illus-
trated several techniques which have been successfully used for installation
of the sheeting and the finished appearance of the aluminum system at num-
erous sites. Mr. Trees also had several brochures describing the system
and the computer program used by Kaiser for the design of the system.
Apparently, Braun Engineering and Testing, Inc. were retained to make
four soil borings in the vicinity of the lagoon to explore the subsurface
conditions and determine the soil properties to be util�zed in the design
of the system. Mr. Trees indicated that the four borings were carried to a
depth of approximately 4-1/2 feet and that the soils at this depth consisted
of silty clays with shear strengths ranging from 300 pounds per square foot
to an excess of. 800 pounds per square foot. The information obtained from
the soil borings was apparently phoned into the office of Raiser Aluminum
� Chemical Sales, Ine. where it was utilized for the computerized design of
the sheeting system presented by Mr. Trees. Mr. Trees made copies of the
computer output available for review.
� Mr. Rober DeGregory page 21
Page 2
June 8, 1977 .
Based on the information presented on the evening of June 2 by Mr. Trees
and members of the association, I believe that there are several questions
concerning the adequacy of the proposed alurninum sheeting system which have
not been satisfactorily answered. I also believe the design of the sheeting
system which was presented would not be considered adequate �by the current
standards of the engi_neering profession. Specific questions and areas of
uncertainty are as follows:
1. The soil borings were not carried sufficiently deep to
adequately explore the subsurface conditions. In this instance
soil borings should be carried to a depth of at least S feet
below the anticipated bottom of the sheeting.
2. The angle of internal friction apparently used in the com-
puterized design was 28.5 degrees whereas the angle of
- internal friction for silty-clays or clayey-silts is nor-
mally in the range of 15 degrees to 20 degrees. The angle
of internal friction may be higher than 20 degrees if suf- ' - - ' - '
• ficient sand is present in the soil. Zn any event, the
• shear strength and cohesion of representative samples of
the soils should be verified by laboratory tests in order
to provide information which is adequate for the purpose
of design.
3. Mr. Ellis has stated that the existing timber retaining
walls in some portions of the lagoon are displaced upward
from 2 inches to 4 inches per year by frost action. I have
not been able to formulate a theory that would explain the
reason for this phenomenon, however, if Mr. Ellis' state- �
ment is accurate, the proposed aluminum system would prob-
ably also be subjected to the same type of displacement.
In addition to the points enumerated in the preceding paragraph, there -
is also a question regarding the warranty of the system. Mr. Trees stated
that Kaiser Aluminum & Chemical Sales, Inc. would warranty their design only
for a period of one year. However, I beleive that under the laws of the
State of Minnesota, it is required that the plans for a project of this
nature must bear the signature of a registered professional engineer who
certifies that the design was prepared by him or under his direct super-
vision. By certifying the design, the engineer assumes responsibility and
can be held liab�e for errors and ommissions in the design. At this time,
there is no statute of limitation regarding the desinger's liability. If
my interpretation of the state law is correct, Kaiser Aluminum � Chemical
Sales, Znc. as the designer of the aluminum sheeting system must provide
plans certified by a professional engineer registered in Minnesota and
would, therefore, be unable to limit their liability for the design of the
system to a period of one year.
I hope that this letter is of some assistance to you and that you will
contact me if I can be of any additional service to you.
Sincerely,
� ���
��.�'�-�'�_-C�'�'
Lawrence W. Gubbe
LWG/mb
REGULAR TiEETING OF TI�E ORONO COUNCIL, JANUARY 23, 1978 Page 22
1�Ir. Greg Frank, City Engineer, comrmented on the L��ALTER' S PORT S}-�.A:�.��.�•L
three specific yuestions and areas of concerns (Continued)
noted in the Barr Fngineering Report, stating that:
l. Mr. Frank felt that extra depth for borings were
unnecessary.
2. Mr. Frank felt that lesser angle of friction
is satisfactory�
3. No comments. �
I�r. Rudy Hartmann, 2703 Kelly Avenue, commented
that we, the Homeowners Association, are proposing
a plan 60� greater in strength than wood.
Mr. Scotty Ellis, 2701 Kelly Avenue, has stated
that riprap is cheaper and more adaptable than
aluminum sheeting. Mr. Rudy Hartmann also commented
that we have eliminated sheeting and dredging on
l�tr. Ellis ' property and tlle total plan has been
approved by the Homeowners Association 8 out of 10.
Mr. Ellis stated that the Homeowners Association has
a proposal of $35. 00-$70. 00/ton for riprap not
$120. 00/ton as implied by Mr. Hartmann.
Mayor Van Nest: Was the Homeowners Association
aware of this?
2�Se. Ellis: Yes.
?dayor Van .Nest: The Council is here to review
an application and not to interfere with public
rights. The present proposal is to maintain
what does exist. "
Paurus moved, Butler seconded, to approve the
application for Walter' s Port, subject . to:
l. Update agreement
2. Provide safety lifeline
3. Verify west side as it exists today stipulating
that there will be no changes.
4. Proper anchorage of sheeting near the Hart�nann
residence
5. Engineer' s Certificate of approval
6. Hold Harmless Agreement
7. As per Planning Commission recommendations.
Motion, Ayes (4) - Nays (0) .
Council PZeeting - January 23, 1978 - '�are 23
(Continued)
REGULAR t1E�TING OF Tii� ORONO COUNCIL, JAPIUARY 23, 1978 Page 23
I��ayQr Van I1est rnoved to postpone this pronosal to t�ALTFR' S POR`].'
hear from, Homeo��mers Associatio� and enc7ineers. (Continued)
The rnotion died for lack of a second.
P�r. Bruce Malkerson, City Attorney: I would suggest
you table this rlatter to allow their attorney (Iiome-
owners Association) to submit title opinion and ,
review Honeowners association status and property
interests.
P�r. DeGregory: I have not at any meeting voted to
do anything to the Mouth of the lac�oon.
P�Ir. Ellis : We only want to do what is necessary
on our property, not the Homeowners Association.
2dayor Van Nest: If you go back into the record,
you will discover tliat the rationale for dealing
with the I�omeowners Association was to enable the
City to review and approve one cohesive plan that
was in the interest of all the property o�aners
so as not to go at this thing piecemeal and cause
further pollution to the lake.
P�4ayor Van Nest moved, Peske seconded, to table this
proposal until: �
l. Homeowners Assocation determines who legally
controls seawall and to what extent.
2 . Review property interest
3. Title opinion
4. Review by our attorney
5. Review by our engineer
6. Staff to assure proper applications and other
conditions as per June 13, 1977 Council meeting
are met.
7. Cohesive design assurance
8. Staff review previous Council meeting.
P�otion, Ayes (3) - Nays (0) .
�
REGULAR IiEETING OF TIiE ORONO COUNCIL, JANUARY 23 , 1978 Page 24
iiayor Van Nest entered into the record the Plan- SUBDIVISION
ning Cor,u7ission minutes concerning the subdivision 1480 Sixth Avenuc : ~'��Z
request of Douglas Dayton, 1480 Sixth Avenue North, #307
dated January 16, 1978, which state: Douglas Dayton
Fred Iierfurth, representing P�r. Dayton was present.
Planning Comriission recor.unended approval of final
plat (nlylars and hardshells) subject to the follow-
ing conditions:
1. Developer obtain County approval for access
location at time of development.
2. Current title opinion addressed to the City
and approved by City Attorney.
3. Payment of park dedication fee of $500 ($250
per lot) . _
4. Variance to west side setback.
Pese}: r.loved, Paurus seconded, to adopt Resolution RESOLUTION #865
#�865, A Resolution Approving The Plat Of Douglas Douglas Estates
Estates, as per the Planning Comr.lission minutes,
plus �4) variance to west side setback and the
P�ayor and City Administrator to sign-off on the
resolution. Psotion, Ayes (3) - Nays (0) .
Pir. James Lawrence was present to discuss his SUBDIVISION
proposed subdivision cor.unenting that he will 1550 Sixth Avenue North
work with City staff to review the proposed #323
rearrangement of lot lines and to review and James Lawrence
sign-off on the resolution. Mr. Lawrence also
commented he has received approval from Hennepin
County for the proposed private street entrance.
Pesek moved, Paurus seconded, to adopt Resolution RESOLUTION #866
#866, A Resolution Approving The Prelininary Plat 1550 Sixth Avenue North
Of Jarles Lawrence, 1550 Sixth Avenue North, and James Lawrence
for the rZayor and City Adr.linistrator to sign-off
on the resolution. tdotion, Ayes (3) - rlays (0) .
P4ayor Van Nest entered into the record the Plan- SUBDIVISION
ning Commission minutes concerning the subdivision 4480 Forest Lake Landing
request of Bernard Reiling, 4480 Forest Lake #324
Landing, dated January 16 , 1978 , which state: Bernard Reiling
I�r. Oberhauser, representing t�r. Reiling was
present.
Planning Cor.unission recommended approval of final
plat (r.lylars and hardshells) subject to the
following conditions: (Continued)
REGULAR A4EETING OF TIiE OROi�O COUNCIL, JANUARY 23, 1978 Page 25
1. City Attorney' s approval of enclosed easement SUBDIVISIOPd
agreement. � 4480 Forest Lake Landir�g
(Continued)
2. City Attorney' s aPproval of title opinion.
3. No park dedication fee.
Council t'Ieeting - January 23, 1978
Pesek moved, Paurus seconded, to adopt Resolution RESOLUTION #867
#867, A Resolution Approving Registered Land RLS
Survey # , as per the Planninc� Commission Bernard Reiling
recommendations , subject to the City Attorney' s
approval and the Mayor and City Adr.linistrator
to sign-off on the resolution. P4otion, Ayes (3) -
Nays (0) .
biayor Van Nest entered into the record the Plan- SUBDIVISION
ning Corunission minutes concerning a preliminary 2535 Shadywood Road -
subdivision request of Dr. Tom Leach, 2535 Shady- #344
wood Road, dated January 16, 1978 , which state: Tom Leach
Dr. Tor.i Leach was present.
Building & Zoning Administrator Henry F, t4uhich
inforr.►ed the Commission that Doug PZattson, of the
iennepin County Public 4�orks Department, had
called the afternoon of January 16, 1978 in response
to staff' s earlier request for comments regarding
his subdivision proposal. The County recommendations
included:
1. Seven additional feet of right-of-way easement
along County Road #19. _
2 . Change location of driveway approach from north
property line to single approach located in
vicinity of comr►on lot line between Lots 1 & 2 ,
thereby reducing traffic hazards that r.lay result
fron several driveway approaches. Suggested
all three parcels use one single common approach.
Mr. Leach explained the problems with relocation of
approach because of the topography of the land in
the area of the comrlon lot line. Steep slope rlakes
this location objectionable.
Coru:�ission reviewed Greg Frank' s reports. Second
report dated January 6, 1978 suggested reducing
requirer.lent for utility easement (storm sewer) from
30 feet to only 15 feet because of existing 20 ' �
sanitary sewer easerient located south and parallel
to south property line of entire original parcel.
(Continued)
REGULAR P�EETING OF THE ORONO COUPJCIL, JANUARY 23 , 1978 Page 26
Planning Commission recor.unended approval of SUBDIVISION
preliminary plat subject to the following 2535 Shadywood Road
conditions : (Continued)
l. Issue of location of approach to be resolved
between applicant and County Public G�7orks
Department.
2. Access easeMent be provided for residential
Lot 3.
3. Drainage and utility easements be provided as
approved by City Engineer (15 ' along south
boundary line)
4, t4etlands and flowage easement over area
designated as wetlands (description and
agreement to be approved by City Engineer
and City Attorney) . .
Comr►ission also recommended refusing offer to
donate Lot 3 to the City and approve conditional
use permit to construct duplex on Lot 3 subject
to structure meeting all setback requirements.
In conjunction with the approval of the conditional
use permit, the Comrtission added the condition of
a park dedication fee for the residential lot
as a condition of approval of the preliminary
plat ($2, 000 park dedication fee - $1,000 per
dwelling unit) .
Staff - January 18, 1978
Don Murphy of Hennepin County Public L�Iorks _
called me. He inforr.led r.ie that Dr. Leach had
met and convinced him that a common access
located at the comrnon lot lines of Lots 1 & 2
might be objectionable because of the steep
slope at this location. P'ir. r'Iurphy also informed
r.1e that the County would recommend a 26 ' road ease-
ment rather than the 24 ' easement as indicated
on the plan. Iie also suggested that access to
Lot 2 at the time of development should be
located at the south boundary line of Lot 2 to
reduce traffic congestion. A report with these
recornmendations will be coming shortly.
Council 1`�eeting - January 23, 1978
Pesek moved, Paurus seconded, to approve a con-
ditional use perrlit for a duplex for Tom Leach,
2535 Shadywood Road, on Lot 3 in concept only;
" to be reaffirr.led when plat is completed. Piotion,
Ayes (3) - P1ays (0) .
(Continued)
REGULAR P�IEETING OF THE ORONO COUNCIL, JANUARY 23 , 1978 Page 27
Pesek moved, Paurus seconded, to c�ive Preliminary SUBDIVISION
approval to the rec�uest of Tom Leach, 2535 Shady- 2535 Shadywood Road
wood Road, for a subdivision per the Planning #344
Commission recommendations of January 16 , 1978 , Tom Leach
Plus title opinion to the City. rsotion, Ayes (3) -
Nays (0) .
PZayor Van Nest entered into the record the Plan- CONDITIONAL USE PERP�IT
ning Corunission minutes concerning the request 3250 Fox Street
of George Dixon, 3250 Fox Street, for a conditional #347
use permit for a guest house, dated January 16, George Dixon
1978, which state:
Contractor P�r. r4cNulty was present.
Planning Cor:lrtission recomr.lended approval of
conditional use pe rnlit for guest house with the
following stipuJ_ations: �
l. Size of structure not to exceed dimensions
indicatec� on plan.
2 . Second residence to be used for guest house
purposes only.
3. Prohibit use as rental unit for income
purposes.
Council Meeting - January 23, 1978
PZayor Van Nest moved, Pesek seconded, to approve
the request of �eorge Dixon, 3250 Fox Street, for
a conditional use permit for a guest house per
the Planning Cor.unission meeting of Januar�Z 16 ,
197£3. Motion, Ayes (3) - Nays (0) .
tdr. John Hacking and 2ir. Cargill discussed their SUIIDIVISION
proposed project, subdivision at 580 rlorth Arn 580 *lorth Arm Drive
Drive, Victoria Grain Companl�. #200
P-Zayor Van Nest moved, Pesek seconded, to adopt RESOLUTION �k868
Resolution #868, A Resolution Of The Cit_y Of Victoria Grain Company
Orono Granting Preliminary Approval To The 580 North Arm Drive
Preliminary Plat And Appro��al For
The Construction Of One Private Dock Structure
Across A i�Iarsh, in accordance with previous
agreement with final design to be included in
the final hardshell. AZotion, Ayes (3) - Nays (0) .
Mayor Van Nest rnoved, Pesek seconded, to approve
� a variance to Ordinance ido. 125 to construct one
private dock across wetlands as per agreement
and resolution. Iiardship being time constraints
to construct before ice c�oes out. P4otion, Ayes (3) -
Nays (0) .
REGULAR P-1EETIPIG OF THE OROP10 COUPdCIL, JAr1UARY 23, 1978 Page 28
The petition to accept [�Jhite Oak Circle as a WHITE OAI� CIRCLE
public road was tabled until P4ay 15, 1978 when
the City Engineer will review tlie street' s
construction.
Mayor Van Nest moved, Pesek seconded, to refer LUCE LINE TRAIL PLAN
to the Park Commission for their comments .for
tlie Luce Line �rai�, rq�na�enent Plan draft and
also to recommend that public access be allowed
at the Luce Line Trail where it intersects at
the proposed ring route crossing ratller than
at L9illow Drive. Motion, Ayes (3) - Nays (0) .
P�r. James McCleary was present to discuss his STUBBS BAY P4ARINA
application for a dock permit. at the Stubbs
Bay Piarina, 3445 Bayside Road.
The following letter was received from James
P�IcCleary dated January 15, 1978, which states:
Enclosed please find a copy of my proposed dock
plan for 1978 and subsequent years. Subject
plan was developed after close consultation
with the 14ayor and the staff, and has been
approved by the LP�CD dock cor.unittee subject to
final approval at the general meeting later in
January.
I understand that my 1978 dock application is
currently scheduled to await review with the
other rtarina applications when they all arrive.
Since the delay is liable to be some time, I
would like to request that you act on my plan
at your earliest convenience.
The reason I am requesting this special
consideration is to enable me to order the
materials for the docks so that they can be
installed prior to the 1978 boating season.
As you may know, untreated material to build
such a system must be specially ordered from
the North Woods, which takes a r.minimum of 30-60
days. The docks Must then be built on the ice,
requiring heavy equipment to operate under
r�larginal conditions if the construction process
is delayed too long.
I feel that the safety and welfare of the dock
facility users will be adversely effected if new
doc}:s are delayed yet another season by the
approval process. Just last year an injury occurred
which was supposedly caused by an unforseen flaw in
one of the docks. Insurance is also more difficult
to get as docks get older. (Continued)
� !
RL�ULAR t1�ETIPdG OF TIiE ORONO COUNCIL, JAPdUARY 23, 1978 Page 29
Therefore, I request that you aPprove the STUBBS BAY MARINA
previously submitted aoplication by February l, (Continued)
so that I can purchase the necessary permits
and materials.
P. S. The approved building, also to be built
this spring, will be used for repair and sales
only, not sunmer storage of boats .
End of letter
Letter received fror.l James PScClearv dated
January 19, 1978, which states: f
In accordance with your publication of Nover:�ber 16 ,
1977 regarding adoption of Flood �levations for
the City of Orono, I would like to submit the
attached topographic survey.
Subject survey, in. r.ty opinion, more clearly
depicts the 931 foot elevation as pertains to
my lots, and should, I believe, be used as the
basis for flood plain determination rather than
the proposed documents. Subject survey should
support my claim as to non-flood plain status
for the majority of the lot area.
I believe this appeal is made within the permitted
timeframe and on the proper basis (technical data)
to be submitted in the form of an appeal to the
appropriate federal agency.
I have consulted the DNR staff in the preparation
of this appeal, and have reason to believe they
are in support of this appeal.
Please contact me immediately at 831-1616 if
omissions exist to this appeal in order that I
may revise same.
End of letter
P4r. PZcCleary continued by stating that he has
applied for a dredging permit from the DNR and
wants to proceed with dredging as soon as possible.
2�Iayor Van Nest commented that there appears to
be a conflict with your pro�osed commercial
dock in front of residential property and this
conflict with the zoning line has to be resolved;
also this intent to dredge will have to be
clarified with the DNR.
(Continued)
R�GULAR f4EETING OF THE ORONO COUi1CIL, JAt1UARY 23 , 1978 Page 30
Jar.les PZcCleary: North Star dredged last sur:u�er. STUBBS BAY i•4ARINA
. (Continued)
Piayor Van Tdest: That was allowed based upon an
ap�lication applied for years ago, and is
considered maintenance dredging. Your application
is brand new and is not considered maintenance
dredging. �
P2r. P4cCleary also requested the City Council to
appeal the flood plain elevations.
Mayor Van Nest entered into the record the SUBDIVISION
Council meeting rlinutes concerning the sub=� 2965 Casco Point Road
division and street vacation request of Hamilton #289
r4oran, 2965 Casco Point Road, dated September 12 , Hamilton P4oran
1977, which state:
Approved sepa.rate resolutions to vacate the
portion of Central Avenue beyond 30 ft. from the
centerline of travelled Casco Point Road.
Approved preliminary plat of Hamilton rsoran
subject to dedication of 13 ft. of road right
of way measured frorl the centerline of travelled
Casco Point Road including variances for existing
structures and dock. Determined no park fee
due because both parcels have been occupied
for 40+ years.
Council r4eeting - Septer.►ber 26 , 1977
Approved all three street vacation resolutions :
Isoran, Perry, and Hartzell.
Council Meeting - January 23, 1978
Pesek moved, Paurus seconded, to adopt Resolution RESOLUTION #870
#870, A Resolution Approving Registered Land . RLS #
Survey No. , subject to final review by City Har.iilton r'ioran
Attorney and the Mayor and City Administrator to 2965 Casco Point Road
sign-off on resolution. Motion, Ayes (3) - Nays (0) .
P�ayor Van Nest entered into the record the SUBDIVISION
Planning Commission rninutes of January 16 , 1978 2140 Sixth Avenue North
concerning the subdivision request of Donald #299
Eckstrom 2140 Sixth Avenue North, which state: Donald Eckstrom
P2ary [Jeinzerl, representing Don Eckstrom, was
present.
Planning Commission recomnended approval of
final plat subject to the follo�-�ing conditions:
(Continued)
REGULAR P�IEETING OF THE OR0:10 COUi1CIL, JANUARY 23, 1978 Page 31
l. Correction of description of driveway SUBDI�.�IS_T'JN
easement. . 2140 Sixth '�vc�� _ �3orth
(Continued)
2. Applicant provide current title opinion
addressed to the City for the City Attorney' s
review and apProval.
3. Location and installation of access to comply
to fiennepin County Public Works specifications.
4. Payment of park dedication fee of $500 ($250
per lot) .
Council I�7eeting - January 23, 1978
P�ayor Van ilest moved, Pesek seconded, to adopt RFSOLUTIO�I #869
Resolution #869 , A Resolution Approving The Eckstrom Addition
Plat Of Eckstrom Addition, as per the Planning
Comrnission recor.imendations of January 16, 1978
and the Mayor and City Administrator to sign-off
on the resolution. I�Zotion, Ayes (3) - Nays (0) .
Pesek moved, Mayor Van Nest seconded, to adopt RESOLUTION #871
Resolution #871, A Resolution To Reduce Water Water Assessments
Assessments for the Lehman Addition subdivision. Edward Lehman
i�otion, Ayes (3) - Nays (0) .
tSr. Jim Olson, City Engineer, reviewed with the NOERENBERG BRIDGE #7194
City Council his letter dated January 20, 1978,
which states:
Pursuant to your request, we have reviewed the construction plans, the sample
copy of a resolution approving the plans, the proposal form and the specifications
supplied by your office for Hennepin County Project No. 7702 within the City of
Orono. This project is a part of other construction/repair work within the
County, identified as County State Aid Project 27-651-05.
The work outlined in Project No. 7702 consists of scarifying the existing bridge
surface to a depth of 1/2 inch, removing and repairing any bad spots on the deck
and overlaying a new concrete surface over the bridge to a depth of 2 inches.
Also included is removal and replacement of the bituminous road surface approaches
to the bridge from approximatelq 150 feet westerly of the bridge to approximately
290 feet easterly of the bridge and the replacement guard rails.
Relative to the Special Provisions of the Specifications, the following sections
are of interest to the City:
(Continued)
REGULAR PZEETING Or TIiE ORONO COUNCIL, JANUARY 23, 1978 Page 32
NOERENBERG BRIDGE
. (Continued)
Section S-1 Insurance, paragraph 5-1.1 and S;1.2
Section S-6 Responsibility for Dama�e Claims, paragraph 5-6.1
It may be advisable for the City Attorney to review the adequacy
of these provisions.
Section S-24 Maintenance of Traffic, paragraph 5-24.1
This section provides that all traffic shall be excluded from
bridge during repair work. This section also provides for the
protection of boat traffic from falling objects during construc- �
tion. The section implies, but does not specifically state that
all debris from construction will be prevented from entering the
channel.
Section S-25 Time Schedule, paragraph S-25.1
This section indicates that no work that would disturb the
traveled roadway can start before June 12, 1978 and that all work
shall be completed within 25 working days after traffic has been
excluded from CSAH No. 51.
No attempt has been made in this review to judge the details of the design or the
technical aspects of the specifications and they are presumed to be adequate.
Regarding those aspects of the project which affect the City of Orono, we offer
the following recoimnendations;
1. The Special Provisions of the Specifications should be clarified to
specifically require the prompt removal of any debris, concrete chunks,
floating material or other items resulting from construction activity
that may enter the channel either directly or indirectly.
2. Construction is scheduled to start on or about 12 June 1978 and be com-
pleted in 25 working days or approximately the 3rd week in July. There
are two other projects which are contemplated for construction in 1978 -
the Tanager Bridge and the Orono-Long I,ake Interceptor. These two proj-
ects will require the closure of portions of Co. Rd. 15 and therefore
the establishment of necessary detour routes. The City should review
potential detour routes for both the Noerenberg Bridge Project and the
Tanager Bridge, Orono-Long Lake Interceptor Projects to ensure the com-
patability of the two detour systems that will be required.
3. Subject to the above two items and subject to the approval of the City
Attorney as to form and execution, we recommend that the City of Orono
approve Hennepin County Project No. 7702 and that the Mayor, the City
Clerk and the City Engineer be authorized to sign the necessary documents
and plans where appropriate.
We are returning by separate cover, the plans and other items supplied by your
office.
End of letter
t�iayor Van Nest moved, Pesek seconded, to forward
the above letter to Fiennepin County for their
review and comments. Motion, Ayes (3) - Nays (0) .
REGULAR MEETIPIG OF TIiE ORONO COUNCIL, JAPJUARY 23 , 1978 Page 33
Mr. Jim Olson, City Engineer, reviewed with the TAP7A�ER BRIDGE N0. 27529
City Council his letter dated. January 20 , 1978,
which states:
Re: Review of Plans and Specifications
CSAH No. 15, County Project No. 7252
Tanager Bridge No. 27529
Pursuant to your request, we have reviewed the construction plans, the sample
copy of a resolution approving the project, the proposal form, the specification,
and proposed Construction Cooperative Agreement between the County of Hennepin
and the City of Orono, supplied by your office for County Project No. 7252.
The work included in C.P. 7252 consists of removing the existing Tanager Bridge
and replacement with a new structure together with necessary grading, drainage,
retaining walls and bituminous surfacing associated with the new structure. The
existing bituminous surface on Co. Rd. 15 will be removed and replaced from
approximately 90 feet south of the bridge to approximately 140 feet north of the
bridge. Retaining walls are included on the westerly side of the new structure
and Co. Rd. 15 consisting of 55 lin.ft, south of the bridge and 80 lin. ft, north
of the bridge. The driven roadway across the new structure is indicated at 36 ft.
in width.
The Hennepin County Plans indicate a low beam elevation on the new bridge of
938.62 and a normal water elevation of 929.4, - resulting in a minimum channel
clearance of 9.2 feet. The distance between piers is indicated at 40 feet, center
to center, with 6 feet from pier to edge of rip rap at water line. The channel �
bottom elevation is indicated at 923 at centerline and approximately 924 at the
edges. There will be some channel grading involved at the new bridge.
Relative to the Special Provisions of the Specifications, the following sections
are of_interest to the City:
Section S-1 Insurance, paragraph S-1.1 and S-1.2
Section S-6 Responsibility for Damage Claims, paragraph S-6.1
It may be advisable for the City attorney to check the adequacy
of these sections.
Section S-7 Air and Water Pollution, paragraphs S-7.1 through S�7.3
Provides detailed and comprehensive specifications for prevention
of erosion into and contaminatioa of channel and water areas. Im-
plies, but does not specifically state that debris, concrete chunks,
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JAi1UARY 23, 1978 Page 34
TArIAGER �K i 1�rF
(Continued)
Re: Tanager Bridge No. 27529
floating material or other material resulting from construction
that does enter channel will be promptly removed.
Section S-21 Turf Establishmen� paragraphs S-21.1 through S-21.4
Provides for placement of and for maintenance of sod over areas
disturbed by construction.
Section S-24 Work by Others, paragraph 5-24.1
Adyises bidders of pending Orono-Long Lake Interceptor within the
project area of the bridge and states that " - - - - - sewer contract
will require work to commence on May 15, 1978 with completioc� within
the construction limits of this project (No. 7252) or or befo're
July 15, 1978.'r _
Section S-26 Maintenance of Traffic, paragraphs S-26.1 and S-26.2
Provides that all vehicular traffic shall be excluded from Co.
Rd. 15 within the project limits and further provides for the con-
tinuation of and for the protection of boat traffic in the channel.
Section S-27 Time Schedule, paragraphs S-27.1, S-27.2 and S-27.3
Provides that construction shall be started on or before May 15,
1978, that roadway cannot be disturbed prior to April 17, 1978
and all work, except maintenance, sod and cleanup shall be com-
pleted within 45 working days.
Section SB-4 Remove Old Brid�e
Provides for channel cleanout and for shaping and dressing new
slopes between abutments as indicated on plans. Also provides for
removal of old structure and piles dowa to elevation 920.5.
The Construction Cooperative Agreement, agreement No. PW 32-08-77, between the
City of Orono and the County of'Hennepin, requires that the City pay for 507, of
the curb and gutter, retaining walls and drainage items, plus a percentage of
construction costs for engineering design and construction. These items are
estimated as follows by Hennepin County:
Concrete curb and gutter - Des. B624 $ 187.50
Retaining Walls 17,359.61
Drainage Items 476.50
Total Estimated Construction $18,023.61
-}-Right-of-way Costs 250.00
Sub-total $18,273.61
-}-20% Design & Construction 3,604.72
Total Estimated Orono Share .. . . . . . . . . . . . . $21,878.33
During this review, no attempt has been made to judge the structural design and
technical aspects of the project and they are presumed to be adequate. Relative
to those aspects of the specifications which have a direct impact on the City o£
Orono, we offer the following comments and recommendations:
(Continued)
R�GULAR PIEETIPJG OF THE OROi]O COUPJCIL, JANUARY 23, 1978 Page 35
TANACER BRIDGE
(Continued)
Re: Tanager Bridge No. 27529
l. It is recommended that the specifications be classified to require the
prompt removal of any debris or floating material that may inadvertently
enter the channel or water areas as a result of the construction activ-
�ty.
2. The scheduling and timing of the pending construction of the Orono-Long
Lake Interceptor should be clarified and resolved.
3. The Orono-Long Lake Interceptor, the Co. Rd. 15, Tanager Bridge and the
Co. Rd. 51, Noerenberg Bridge will all require detour routes. The total
detour system should be reviewed to ensure a compatible system within
the City of Orono.
4. Subject to the above comments, and subject to the approval of the City
Attorney as to form and execution, we recommend that the plans and
specifications for Hennepin County Project No. 7252 and the Construction
Cooperative Agreement No. FW 32-08-77 be approved by the City of Orono
and that the Mayor, the Clerk and the Engineer be authorized to sign the
necessary documents and plans where appropriate.
We are returning under separate cover all of the items submitted to us by your
office.
End of letter
P4ayor Van Nest rloved, Pesek seconded, to forward
the above letter to Hennepin County for their
review and comments. tsotion, Ayes (3) - Nays (0) .
t�r. Jim Olson, City Engineer, reviewed with the TANAGER LAKE CHANNEL -
City Council his letter dated January 20, 1978 INTERCEPTOR
which states:
Re: DNR Water Permit Application Review
Orono-Long Lake Interceptor
Our File No. 139
We have reviewed the permit application from the Metro Waste Control Commission
to the Dept. of Natural Resources for the Orono-Long Lake force main crossing of
the channel between Tanager Lake and Browns Bay, A copy of plan sheet 7B show-
ing the location and a copy of plan sheets 16B and 17B indicating several details,
together with six photographs of the crossing area w ere included with the appli-
cation.
There were no project specifications with the application, so we cannot dete nnine
the extent and type of restoration that is anticipated for the area. The areas
of concern for the City of Orono include the following:
(Continued)
REGULAR 24EETING OF TFiE OROi10 COUPICIL, JANUARY 23, 1978 Page 36
TANAGER LAKE CHANNEL
(Continued)
1. Reliability of Proposed Construction
The �lans indicate two 18 inch ball joint river crossing pipes for the
channel crossing, bedded in 3/4" to 1'�" 100% crushed rock and covered
with 2" to 4" screened rock to elevation 920.5. Ball joint pipe is the
strongest, most fail-safe product available for this type of work. The
ball joint allows for maximum deflection at the pipe joint without leak-
ing or without the pipe joint being pulled apart under differential
settlement.
A channel crossing cleanout manhole is located on either side of the
channel. Each manhole is 10 feet in diameter and represents a very
heavy, concentrated load on the underlying soils. The City of Orono
should insist on evidence that these two manholes are adequately sup-
ported to prevent settlements which could shear or break the force main
pipe and thereby result in a possible direct discharge of raw sewage
into the lake. (The Hennepin County Bridge plans required piling for
the retaining walls located 25 feet east of the channei crossing.)
2. Restoration of Banks
The specifications and the permit should include provisions to restore
the banks and the rip-rap to prevent bank erosion, together with mainten-
aace of suitable ground cover immediately after construction.
3. Channel Erosion
The Storm Water Management Plan indicates a maximum storm water flow
of 152.5 cubic feet per second (cfs) entering Tanager Lake and a flow
of 92.2 cfs leaving Tanager Lake through the channel into Browns Bay,
Provisions should be included in the permit to prevent channel excava-
tions at such times as there are currents in the channel which could
wash sediment and debris into Browns Bay.
4. Maintenance of Boat Traffic
Provisions should be included in the per*'Ait to ensure the maintenance
of boat traffic on either a continual basis or on at least an inter-
mittant basis during construction.
There is a place to enter these concerns on Section II of the application form
and we recommend that the above item be so included. If we �y be of further
assistance in this matter, please contact us at your earliest convenience.
Under separate cover, we are returning the permit application information submitted
to us by your office.
(Continued)
REGULAR M�ETIPJG OF TIiE ORONO COUrJCIL, JAPdUARY 23, 1978 Page 37
TANAGER LAKE CFiANNEL
(Continued)
1. The channel crossing cleanout manholes shall be adequately supported
to prevent settlement which could result in shearing or breaking of
the pipe�
2. The channel banks shall be restored to a condition at least equal to
existing, but in no case less than that which will produce a stable
condition and will prevent erosion of bank material into the channel.
3. No channel excavation will be permited at any time when the currents
in the channel will cause sediments and debris resulting from con-
struction activity into Browns Bay.
4. Boat traffic in the channel will be maintained at all time.
End of letter
Council r4eeting - January 23, 1978
Paurus moved, Pesek secondeci, to approve
the permit for the channel crossing at
Tanager Lake Channel for the Orono-Long
Lake interceptor per the City Engineer' s
recomrnendations, plus adding:
1. Delineation line to save trees along
right of way.
2. Construction of channel crossing at Tanager
bridge and interceptor to be in one construction
year. _
Motion, Ayes (3) - Nays (0) .
REGULAR P�ETING OF THE ORONO COUNCIL, JArJUARY 23, 1978 Page 38
i�lr. Jir.i Olson, City Engineer, discussed his letter NORTHP7ESTERN BELL PERPZIT
concerning an easement request from the Plorth�aestern
Bell Telephone Corlpany at the Casco skating rink
dated January 23, 1978, which states :
jae have reviewed a request from Northwestern
Bell for a 10 foot by 10 foot easerlent on a City
park on Casco Point Road in order to Place some
telephone equipment consisting of an above
ground cross connect cabinet on a 3 foot X 5 foot
concrete slab.
The request has been reviewed in the field with
I�r. John Gerhardson. The easement requested is
located in the r.lost southerly corner of part of
Lots 3 & 4, Block 7, Townsite of Larigdon Park and
will not interfere with any park related activity,
including parking.
Subject to approval by the City Attorney relative
to form and execution, we recor.unend approval of
tlie easement request. We are returning with this
letter two copies of the easement description and
a r.►ap showing its location.
End of letter
Council i��eeting - .7anuary 23, 1978
P4ayor Van P1est moved, Pesek seconded, to table the
request of Northwestern Bell Telephone Company
for an easement at Casco Point until the meeting
of February 9 , 1978. The concerns are:
1. Location
2. Quick Claim Deed
i�otion, Ayes (3) - Nays (0) .
The t�iayor' s report on I-394 was tabled until the I-394
neYt Council r►eeting.
' The Transportation Conference Report was tabled TRANSPORTATION REPORT
until the next Council meeting.
The Mayor' s report on Orono' s Cor.lprehensive Land COP�PREHENSIVE LAND USE
Use Planning was tabled until the next Council
Meeting.
2Rayor Van Nest moved, Pesek seconded, to reaffirm WESTERN HENrdEPIN COUNTY
the riotion made at the January 9 , 1973 Council PIONEERS ASSOCIATION
raeeting concerning the Western Hennepin County
Pioneers Association Historical P�useum. t4otion,
Ayes (3) - Nays (0) .
REGULAR DIEETING OF TfiE ORONO COUNCIL, JArIUARY 23 , 1978 Page 39
Mr. Bruce Malkerson, City Attorney, read a r4INNETONKA AVENUE PIATTEF
proposed ordinance concerning the Minnetonka
Avenue matter.
P�tayor Van Nest rloved, Paurus seconded, to
table t�ie proposed ordinance concerninc� the
Minnetonka Avenue matter until the next Council
rneeting. Motion, Ayes (3) - rlays (0) .
Dick Benson, City Administrator, entered into SANDY BEACH ?�iATTER
the record a letter from John T. Iiartmann,
attorney, representing Sandy Beach petitioners,
dated January 6, 1978 , which states:
Pursuant to your request at a public hearing held
before you regarding the above-captioned petition
on December 12 , 1977, I am enclosing five copies
of typewritten notes that I had prepared for
Presentation of the Petition to the Council.
The Council' s resPonse to the petition at the
hearing, including its proposed efforts to remedy
the problems that exist at the Sandy Beach, is
not satisfactory to the petitioners. Simply
stated, increased police enforcement of posted
restrictions which have been violated repeatedly
around the beach area will not put an encl to
the problem of constant loud noise, and the
numerous instances of trespasses and other
invasions of privacy of those who live near the
Sandy Beach. Furtherr.lore, the police have
der�onstrated that they are less than wi?ling
to enforce such restrictions despite requests
by the petitioners _that they do so. Will the
police arrest children for urinating and
defacating upon the petitioners ' property? Can
the police effectively stop adults and children
who use the beach from creating constant loud
noise or shouting profanities while the petitioners
entertain business guests or simply seek quiet
repose in their homes? Can the police put an
end to the repeated trespasses upon private
property and invasions of privacy, theft of
property, litter, and the problems with dogs
brought to the beach? Clearly, the answer to
these questions is "no" .
The petition to the City Council consists
basically of one issue, nar.mely: do the
problens that now exist at the Sandy Beach
constitute an unreasonable interference with the
enjoyment of property owned by the petitioners?
(Continued)
REGULAR idEETIPJG OF THE OROP10 COUPJCIL, JANUARY 23, 1978 Page 40
Petitioners strongly contend that they do. SANDY BEACH r4ATTER
Piecemeal efforts on behalf Qf the City of (Continued)
Orono certainly will not put an end to the
problerls at the Sandy Beach.
As stated at the public hearing, the law
regarding what constitutes a private nuisance
is well defined. The City of Orono is not immune
fror� attack with respect to its riaintenance of
a private nuisance at the Sandy Beach. The
�etitioners have decided to �aait until r�idsuramer
to see if the problems dramatically decrease
as the Council suggested they would upon proper
enforcement of the Sandy Beach area. If those
problems are not resolved by that time, further
action against the City will be necessary. I
urge the City of Orono to stand behind its
proposed efforts ��ith regard to eliminating
the serious problems that now exist at the beach
area, and if the City fails in this regard, I
would expect it to recognize its failure and
close the beach area.
End of letter
Council Meeting - January 23, 1978
Dick Benson, City Administrator, was requested
by the City Council to respond to r1r. Hartmann' s
letter.
The P�ayor announced a joint hearing on ilinnehaha MINNEHAHA CREEK JOINT
Creek Improvement Projects to be held February 8 , HEARING
1973 at 1: 30 P.t7. in the Piinnetonka City Fiall.
Mayor Van idest moved, Pesek seconded, to table SUBURBAN HEALTH NURSING
until the next meeting the appointrlent of an SERVICE
alternate director to the Suburban Health
Nursing Service. P'Iotion, Ayes (3) - Nays (0) .
Dick Benson, City Aclministrator, presented to LONG LAKE INSPECTION
the City Council a letter to Mrs. Debbie Stinson, AGREEP4ENT
Long Lake City Clerk, dated January 9 , 1978 ,
which states :
During the past year, the City of Orono has sub-
mitted to you two Buildinq Ins�ection Agreer.lents
for your consideration. One approximately eight
r.�►onths ago and one within the past 30 days. �Je
have not received any reply froM you or your
Council as to why an agreement cannot be executed
by your City. (Continued)
R��ULAR MEETING OF '?'IiE O?20P�0 COUPICIL, JI�NUARY 23, 1978 Page 41
As you are a�vare, building insPection services LONG LAKE IPdSPFCTION
are a function that requires .extra-ordinary staff. AGREEMENT
time and is not a very rewarding service to
provide, in that there are constant conflicts
and legal exposures when enforcing a unif_orri
building code.
The City of Orono has been requested by the City
of PZedina and the City of r�iinnetonka I3each to
provide these ins�ection services and agreerients ,
as you received fror.l us, and have been executed
by them. These services are only an accormmodation
until these cities can organize their own staff
and have their own in-house operation. j�Je do
not want to get into the business of_ proviciing
this accomr.iodation as an on-going thing in the
ensuing years. It is too expensive and irmpossible
to recoup all costs, and housing space is limited.
If the City of Long Lake does not want to execute
an agreement, if only on a temporary basis (30-6Q
days) by January 20, 1978 to relieve us of �ossible
lec�al exposure, the City of Orono would want to dis-
continue inspection services for Long Lake on that
date. Please advise me as soon as possible.
�nd of letter
Letter received from D�rs. Debbie Stinson, Long
Lake City Clerk dated January 18, 1978, states:
After careful consideration of the proposed
contract for building inspection which was
submitted by the City of Orono, Long Lake has
decided not to continue with the services of
Orono' s inspection as of January 20, 1978.
Alan Olson is currently holding two building
plans which he was to review. Please advise
as to the status of these plans.
End of letter
PRayor Van Nest moved, Pesek seconded, to approve
the discontinuation of building inspection
services to the City of Long Lake. t�iotion,
Ayes (3) - 21ays (0) .
t4ayor Van Nest moved, Pesek seconded, to approve FUTURE COUNCIL & PLANNIP;
Plan B for future Council and Planning Comi:lission COPZr4ISSIODI MEETINGS
meetings; future Planning Cor.imission meetings
will be held the second and fourth r4ondays of
each month with Council meetings on the following
Thursdays. Motion, Ayes (3) - 21ays (0) .
s .�
REGULAR ?�LEETIPJG OF THE ORONO COUNCIL, JAPJUI�RY 23, 1978 Page 42
iiayor Van P1est moved, Paurus seconded, to reconsider RECOTJSIDER r40TION
the motion made at the December 12, 1977 Council Partenwood Lane
r�eeting concerning a public hearing for the vacation
of Partenwood Lane. I��otion, Ayes (3) - Nays (0) .
Mayor Van Nest moved, Paurus seconded, to hold PUBLIC F�EAP.ING DATE
a public hearing for the vacation of Partenwood Partenwood Lane
Lane on February 23, 1978 at 7: 00 P.P'I, rSotion,
Ayes (3) - Nays (0) .
P�Iayor Van P1est moved, Pesek seconded, to table HACKBERRY PARK
until the next meeting the request for lighting Lighting
at Hackberry Park. P�otion, Ayes (3) - Nays (0) .
Pesek moved, r�ayor Van Nest seconded, to a�nrove FARr�ERS & PZECHANICS
the designation of the Farmers and P4echanics BANK
Savings Bank of Minneapolis as a depository for
investment purposes. P4otion, Ayes (3) - Nays (0) .
P'Iayor Van Nest moved, Paurus seconded to table DEVELOPERS AGREEP•�EP1T
until the next meeting the Developer' s Agreement
presented by Bruce P�alkerson. I�4otion, Ayes (3) -
Nays (0) .
P4ayor Van Nest announced that the Hennepin PARK RESERVE MEETING
County Park Reserve will hold an informational Big Island
meeting regarding Big Island on Tuesday,
February 7, 1978 at 7: 30 P.P�4, at the Orono
Council Chambers.
Dick Benson, City Administrator, presented to 1978 PROJECTS
the City Council a list of 55 '�'hings To Do -
Projects for 1978.
Mayor Van Nest moved, Pesek seconded, to emplo_y EMPLOYD4ENT
riichael Peter Gaffron as the Septic Syster_i Piichael P. Gaffron
Inspector at a starting salary of $12 , 000 per
year, with a three and six month review,
effective February 6 , 1978 , r7otion, Ayes (3) -
Nays (0) .
P�ayor Van rdest moved, Pesek seconded, to table PIHL & RECTOR
until the next meeting the question of the town
road on the Pihl and Rector property. Psotion,
Ayes (3) - Nays (0) .
REGULAR MEETING OF THE OROtJO COU2dCIL, JANUARY 23, 1978 Page 43
P4r. Bruce Plalkerson, City Attorney, informed LUCE LIP1E TRAIL
the City Council that the Department of Natural Tax Forfeit Property
Resources will be responding to the City on the Stubbs Bay Area
use of the tax forfeit property at the Stubbs
Bay area in the near future. concerning the Luce
Line Trail.
P4ayor Van Nest moved, Peske seconded, that the LICENSES
following licenses be approved: P'Iotion, Ayes (3) - ,
tlays (0) .
Cigarette Licenses
Keaveny Navarre Drug - Richard Keaveny
Ke ller' s Country P�arket - �:CM Corp.
Lakeview Golf - Russell Wenkstern
I�Iartin' s Texaco Station - I4idwest Vending
Navarre Bowling Lanes - Don Scherven
Navarre Shell Service - Acorn Vending -
North Star P'Iarina - Vivian r4assuch
Orono Golf Course - City of Orono
Paul' s Landing - Paul Fahlin
Shoreline Service - I�iidwest Vending
Smith' s Bay Texaco - John Sass
Spring Hill Center - Jude Vending
Tyra' s Super Valu - Edward Fink
idorth Shore Union 76 Station - Arthur Gunderson
tVayzata Country Club - Donald Abel
Saga Hill Grocery - Carol �dwardson
P2ayor Van Nest moved, Pesek seconded, that the BILLS
All Funds Accounts 1782 through 1860 , 6169
through 6208, 19669 through 19684 , 10854 through
� 19856 and Liquor Store Accounts 12331 through
12359, be paid. Motion, Ayes (3) - Nays (0) .
Paurus moved, Pesel: seconded, that the meeting ADJOURNP+LErdT
be adjourned at 12:55 A. Pd. Piotion, Ayes (3) -
Nays (0) .
W liam B. Van Nest, PZayor
Attest•
tialter R, nson, Clerk- dministrator