HomeMy WebLinkAbout02-23-1978 Council Minutes �
CITY OF ORONO
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Regular P4eeting of the Orono Council, 7 : 00 P.M.
February 23, 1978
The Orono Council met on the above date with the
following members present: Mayor Van Nest, �
Councilmember Paurus , City Administrator Benson,
Assistant Building & Zoning Administrator Olson,
City Attorney Psalkerson and City Engineer Olson.
Quorum not present to open meeting. Staff
discussed information pertinent to agenda items.
At 7 : 08 Councilmember Butler arrived and roll was
called with the following members present: P�Sayor
Van Nest, Councilmembers Butler and Paurus. Absent:
Councilmembers Massengale and Pesek.
Mayor Van Nest announced that this was the time and PUBLIC HEARING
place for the public hearing regazding a Petition • Partenwood Lane Vacat��
to vacate Partenwood i,ane. Ci�y Adrlinistrator �
Benson presented the Notice of Public f3earing, the
Affidavit of Publication, and the Certificate of
I�iailing.
PETITION TO ORONO CITY COUPICIL TO VACATE PARTENWOOD LANE
The Petitioners herein, George and Norma Johnson, do
hereby request the Orono City Council to vacate that
certain dead-end street in the Partenwood Subdivision
known as Partenwood Lane. It is requested that in
so vacating Partenwood Lane, the vacation provides,
among other things, that an easement will be provided
to the City of Orono for access and maintenance
relative to the City sewer installation and also
providinc� for continuance of the �--rious utility
easer.�►ents , such as power, telepho-: and gas , and -
subject to any sewer assessments presently outstanding
against the abutting properties.
There is attached hereto an affidavit outlining
certain facts which have precipitated the sub-
mission of this Petition to this Council.
Dated: PJovember 11, 1977
AFFIDAVIT
GFORGE R. JOHPISON, being first duly sworn, deposes
and says that he makes this Affidavit in support of .
the Petition to the Council for the City of Orono
requesting the vacation of Partenwood Lane.
. (Continued)
r
REGULAR NiEETING OF TIiE OROP10 COUNCIL, FEBRUARY 23, 1978 Page 2
That your Affiant and his wife, Norma J. Johnson, PUBLIC HEARING
are the owners of all buildable property abutting Partenwood Lane Vacate
on said Partenwood Lane and there is not now, nor (Continued)
is there contemplated, that in the immediate future .
any construction will take place on the parcels
abutting Partenwood Lane.
That in originally laying out the Subdivision for
Partenwood, it seened, on a preliminary analysis,
to be desirable to have the short dead-end street
known as Partenwood Lane, extending upward where
it is now located. Subsequently, however, observaton
has been made that this is a difficult road to serve
for the reason that snowplows have great difficulty
in making the turn and gaining access to. that upper
road as, of course, would the postmen, should mail
boxes be located in that area. Furthermore, it is
not contemplated that school buses would ever
serve in the area so that no purpose_ could possibly
be served in that regard. In addition, Partenwood
Lane is merely a short dead-end street and not
as long as some of the private driveways to
residences bordering on Tonkawa Road in that ir.unediate
vicinity.
In addition to the foregoing, the cul-de-sac at• �he
upper end of Partenwood Lane has been the cause of
much concern to, not only the Petitioner, but
also to other residents in the Partenwood area. The
reason is that the cul-de-sac, which is not observable
from Partenwood Road, is frequented by grnups of
cars stopping there for no purpose in any way related
to anyone living in the Partenwood area. The occupants
of these cars often engage in drinking parties and on
a regular basis whiskey bottles, beer cans and all
manner of debris are littered on the upper cul-de-sac.
�n addition, that cul-de-sac is quite frequently
visited by hotrod cars who will engage in spinning
around in circles and the racing out of the Partenwood
ar<�a, all of which is not only a great source of
a.r oyance but also a matter of concern for those
t ::�ple in the Partenwood area who have small children
i_requently walking the streets, not� only anonc� the ,...
neighboring houses but also to catch the school bus
at the entrance to Partenwood.
More recently, a load of debris in the form of
branches and clippings and brush has been duinped
on the cul-de-sac by unknown persons, all of which
adds to the dismay of everyone living in the area
and is, consequently, not onlv unpleasant but
burdensome to remove.
(Continued)
REGULAR P�EETING OF THE ORONO COUNCIL, F�BRUARY 23, 1978 Page 3
On several occasions, the Petitioners have observed PUBLIC HEARING
unknown persons intruding not only on the Petitioner' s partenwood Lane
property but upon the unimproved lots adjacent to (Continued)
Partenwood Lane and in several of these instances
�uch persons have obviously, in fact, gained access
from cars parked on the upper cul-de-sac. It is
impossible for the police to observe this location
from either Tonkawa Road or from Partenwood Road
and accordingly, short of constant patrol and vigil,
which is both uneconomical and necessary, the
alternative is to make Partenwood Lane a private
street so that the same can be shut off and thereby
eliminate this unwarranted and improper intrusion.
In addition to the foregoing, your Affiant has made
inquiry of most of the residents living in the
Partenwood area and to the best of your Affiants
information and knowledge, none of the residents
have any objection to changing Partenwood Lane �
into a private road and, indeed,look with favor
upon such action.
Further Affiant sayeth not.
Dated: November 9, 1977
We hereby support the Petition of George R. Johnson
and Norma Johnson to the Council for the City of
Orono requesting that Partenwood Lane be vacated '
as a public street so that the same can become a
private road within the Partenwood Area. •
John F. Allenburg - 865 Partenwood Road
Mr. & Mrs. Raymond Poage - 990 Partenwood Road
r2r. & Pdrs. Austin H. Evans - 815 Partenwood Road
Pdaland C. Hurr - 930 Partenwood Road
JoEllen L. Hurr - 930 Partenwood Road
Gary �J. Krimmel - 960 Partenwood Road
Mr. & Mrs. J. D. L�Jatson - 900 Partenwood Road
Pdr. Jim Olson, City Engineer, presented the following
letter dated February 17, 1978, which states:
We have reviewed, at your request, the petition
to vacate Partenwood Lane from P�ir. George Johnson.
The street is approximately 420 feet long with a
bituminous surface. There are sanitary sewer, gas
and underground power and telephone utilities
within the right-of-way. The street is the only
access for Lots 5 & 6 , Block 2, Partenwood and a
possible access for Lot 2 , Block 3. There is no
development abutting the street at the present
tine.
(Continued)
REGULAR TSEETING OF THE ORONO COUNCIL, FEBRUARY 23 , 1978 Page 4
We recommend that there be no vacation of the right- pUBLIC HEARING
of-�aay of Partenwood Lane until the . following items Partenwood Lane Vacate
have been resolved in a manner and form acceptable (Continued)
to the City Attorney: .
l. Underlying street and utility easement in favor
of the City of Orono.
2. Utility easements for gas, electric and telephone
lines.
3. Right-of-access easements across Partenwood Lane
in favor of Lots 5 & 6 , Block 2 and Lot 2 , Block 3.
4. Written and recorded arrangements for permanent
maintenance of Partenwood Lane relative to cost
sharing, responsibilities, obligations, etc.
of the parcels abutting the street.
Mr. Johnson indicates in his p�tition that he owns all
the property abutting the street proposed to be
vacated and that he has no current plans for future
construction. Fiowever, the abutting lots are still
individual parcels of record and can be disposed
of at the discretion of P4r. Johnson to other parties.
It is our recomrnendation that in lieu of vacating
the right-of-way of Partenwood Lane at this time,
the Council determine that it is in the public
. interest to close the traveled portion of the street
and cause to be installed a suitable barrier or
gate at the �ntrance of the cul-de-sac which would
preclude the unwarranted traffic intrusion r.lentioned
in the petition to vacate.
End of letter
r�ir. Alan Olson, Assistant Building & Zoning
Administrator, informed the City Council that on
December 12, 1977, the Council discussed the
petition with Psr. Johnson and advised him that they
would consider calling a public hearing for the
first meeting in February provided a complete
application was received. There was concern
about a possible shortage in MSA mileage should
the road be vacated without replacement.
City Council - January 23, 1978
Public hearing scheduled for February 23, 1978.
Public IIearing - February 23 , 1978
Mr. George Johnson discussed his proposal and
presented a declaration of eove�iance. •
After all persons present were afforded an
opportunity to be heard, the public hearing
was closed at 7: 13 P.P�2.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 23, 1978 Page 5
Butler moved, Mayor Van Pdest seconded, to direct PUBLIC IiEARING
staff to draft a resolution to approve the vacation Partenwood Lane Vacatio�
of Partenwood Lane for the neeting of P�arch 16 , 1978, (Continued) �
subject to including:
l. Proper covenances
2. Necessary ease�ents
3. Title opinion to City
4. Iio�lleowner' s agreernent
I•4otion, Ayes (3) - P1ays (0) .
No cor.unents from the Park Commission. PARK COr�II�7ISSION
No corunents from the Planning Comr.mission. PLAPJNIZJG COMMISSION
Councilmember Paurus, Orono' s representative LP�CD REPORT
to the Lake P4innetonka Conservation District,
corunented that another draft of the LPSCD Dock '
Ordinance is being drafted.
Paurus moved, Butler seconded, that the P4inutes T4INUTES
of the Regular P4eeting of February 9, 1978 , be
approved. P�7otion, Ayes (3) - Nays (0) .
Councilmer,tber P4assengale arrived at 7: 15 P.r7.
7:17 P.P4. Item #3, subdivision and rezoning for SUBDIVISION & REZONING
Sidney Rebers, 2060 ��ayzata Boulevard, was 2060 Wayzata Boulevard
deferred until later in the evening due to the
fact that the applicant was not present.
Mr. Alan Olson, Assistant Building - & Zoning Adr,tinis- CONDITIONAL USE PERMIT
trator, entered into the record the following 2420 Dunwoody Avenue
information concerning a conditional use perrtit #340
for Calvary r2emorial Church at 2420 Dunwoody Calvary P'Iemorial Churct�_
Avenue, dated Nover.lber 16 , 1977, which states :
Calvary Alemorial Church is considering purchasing
the Elizabeth Gardner School property which is an
existing and approved conditional use in this
residential area.
Although the proposal as submitted indicates no
significant change in the use, we generally require
application for transfer of existing conditional
use permits so that parties interested in the
property are r,iade aware of our policies and
regulations and projected uses which r_might not
meet our zoning ordinance. (Continued)
REGULA� MEETI2JG OF THE ORONO COUNCIL, F�BRUARY 23 , 1978 Page 6
Planning Corunission [Jork Session - rlovember 21, 1977 CONDITIONAL USE PERMIT
2420 Dunwoody Avenue
Reviewed proposal. Proposal as subr►itted appears (Continued)
to be consistent with present use. .
Planning Cor�unission - December 5, 1977
Warren Anderson was present. During discussion,
applicant informed the Planning Commission that
proposal included projected new chapel for 400 or
500 congregation.
Discussion revolved around hard cover restrictions,
parking requirements (one parking space for each
four seats) , traffic generation, deterrlination of
size of chapel and seating capacity.
Planning Commission instructed applicant to prepare
site plan indicating all necessary data _for further
review and consideration.
l. Size, location and seating capacity of projected
chapel
2. Size and location of existing school and any
other existing structures
3. Survey and area of parcel
4. Parking area and access r �ads
5. Limit hardcover to 40% or lot area.
Staff - January 31, 1978
This issue was tabled by the Planning Comr.iission
on December 5, 1977 for lack of data. Applicant
was instructed to prepare more detailed plans.
Revised plans (Exhibit D) were s��,.:�rlittec� January 25,
1978.
Planning Commission - February 6, 1978
Mr. Warren Anderson, representing the applicant,
.s present.
The Planning Commission was somewhat doubtful of
parking ac3equacy. They inquired about the maximum
seating capacity and if the number of parking spaces
indicated on the site plan would be adequate (77 spaces) .
The Zoning Administrator informed the Commission of
the ordinance parking space ratio for churches (one
parking space for each four seats) . A seating capacity
of 400 would require 100 parking spaces; therefore,
a variance for 23 parking spaces would also be required
if the proposal were to be approved.
(Continued)
REGULAR PdEETING OF THE ORONO COUNCIL, PEBRUARY 23, 1978 Page 7
,
r1r. Anderson assured the Cor,tmission that, excePt CONDITIONAL USE PERPlIT
for special occasions , the church would seldom be 2420 Dunwoody Avenue
filled to capacity so 77 parking spaces should be (Continued)
sufficient.
The Planning Comr.mission recorru:�ended approval of
the conditional use permit and variance for parking
spaces subject to the following conditions :
1. Any future projected expansion of the facilities
would be restricted because of inadequate lot
area.
2. The edge of the playground area is to be used
alternately as parking area for overflow parking
whenever necessary.
3. Only off-street parking permitted. No parking
on County Road �15, Dunwoody Avenue or Church
Street.
4. Continuation of conditional use permit is '
subject to Planning Commission and Council
review if corlplaints are filed with the City.
Council iieeting - F'�bruary 23 , 1978
Councilr.lember Pesek arrived at 7: 21 P.M.
Councilr.member Butler _.oted that her concerns were:
1. Nur.mber of � students
2. Busing hours
T4r. Warren Anderson stated that during the week
there will be norrtal school and church functions.
The busing and hours of activity will be the same
as any other current school year.
Pdayor Van Nest asked if there were any further
questions from the public.
Mr. & Mrs. Alvin Nelson, 2445 Dunwoody Avenue,
commented that they ��ere concerned with school
hours and extra-ordinary activit_y.
Paurus moved, t�iayor Van Nest seconded, to direct
staff to draft a resolution for the next meeting
concerning a conditional use permit for the Calvary
Pdemorial Church, 2420 Dunwoody Avenue, per the
Planning Commission recommendations of February 6,
1978. Motion, Ayes (5) - Nays (0) .
REGULI�R i�4EETI2IG OF THE ORONO COUNCIL, FEBRUARY 23 , 1978 Page 8
Mr. Alan Olson, Assistant Building & 7oning VARIANCE
Administrator, entered into the record the 1565 Orchard Beach Place
following information concerning a variance #345
for Arthur Heintz, 1565 Orchard Beach Place, Arthur. Heintz
dated January 4, 1978, which states :
This property is located in a LR-1B zoning
district (1 acre - 140 ' lot width) . The
dimensions of this parcel are approximately
80 ' � 100 ' (8, 000 sq. ft, area) . No survey has
been submitted as yet.
Lot variances required:
1. Area variance - 35, 560 sq. ft.
2. Lot width variance - 40 ft.
Shoreline setback variances required:
l. Structure within 75 ' of shoreline
2. Fiardcover within 75 ' of shoreline
3. Excess of 25o hardcover between 75' and
250' shoreline setbacks
This property was previously occupied by a surruTier
home which was destroyed by fire sor.me years ago.
The owner has been unable to obtain additional
land from adjoining properties.
Parcel 5150 surrounding the subject parcel is
also substandard (less than one acre) . The area
is se��ered and this property has been assessed
for sewer. The lot is currently occupied by
an 18 ' X 12 ' accessory structure.
Planning Commission - February 6, 1978
No representative present.
Recommended denial for the following reasons:
l. Degree of area variance that would be required
(lot consists of less than 200 of required
area)
2. Excessive number of variances necessary: .
a. Shoreline setback
b. Street or rear yard setback �
c. Side yard setback
d. Area
e. Lot width
f. Hardcover
3. Proposal is inconsistent with Comprehensive
Guide Plan and Zoning Ordinance
Planning Commission also suggested abatement of
assessr.ments because property was incorrectly
assessed. (Continued)
REGULAR P�IEETING OF TFiE OROrdO COUI�dCIL, FEBRUARY 23, 1978 Paqe 9
Council Meeting - February 23, 1978 VARIANCE
1565 Orchard Beach PlacE
Mr. Arthur Heintz corunented that he was representing (Continued)
Mrs. P�Iargaret Paige, owner of the property. Taxes .
on this property have been paid each year for
approximately 50 years or more.
Councilmember Pesek: It appears that this lot is
not a buildable lot because of lack of area.
P�Iayor Van Nest: When did this cabin burn?
r7r. Heintz : Approximately 25 years ago. The
structure should have been rebuilt then. I
believe the taxes were about $400 per year,
although the cabin was never homesteaded. �
William Hooper, 1530 Orchard Beach Place:
There is a garage on the property but is not on "
the correct prope ty line. The lot has a drain-
age problem. I have lived next to this property
for approximately four years.
Mayor Van Nest rloved, Paurus seconded, to table
the variance request c�f Arthur Heintz, 1565 Orchard
Beach Place, until - meeting of r4arch 16 , 1978
for staff review or _ne following:
1. Condition of garage
2. Taxes
3. Assessments
4. Survey of lot
5. Draft resolution as per the Planning Commission
recommendations of February 6, 1978.
Motion, Ayes (5) - Nays (0) .
P•4r. Alan Olson, Assistant Building & Zoning Acir:linis- SUBDIVISION
trator, entered into the record the following 3024 Casco Point Road
infornation concerning the subdivision for Joe �#2
Braun, 3024 Casco Point Road, frorlP4r. Henry Joe Bzaun
P��uhich, Building & �oriing Adr.tinistrator, dated
Nover.tber 1, 1978 , which states :
This proposal for a subdivision v�as first submitted
in P�arch of 1975 , at which time we were accepting
these types of requests as "Sirtple Subdivision" .
Public hearings were not required f_or simple sub-
divisions at that tir.ie.
I �aas always very skeptical about the terri "sir.lple
subdivision" but not until after I attended several
wor}cshops and conferences was I able to convince the
City that these procedures should be changed. (Continued)
REGULAR MEETING OF THE OROPJO COUNCIL, FEBRUARY 23, 1978 Page 10
These shortcuts make it impossible for staff to SUBDIVISION
prepare adequate reports. Without public hearings, 3024 Casco Point Road
we lose the necessary input from the general (Continued)
public. More tines than not we all end up with
headaches. This is one of those headaches !
Although this lot split was previously approved,
I would suggest we reconsider before we finalize
the project. The original simple subdivision
apPlication was submitted on February 25, 1975
(only one month after application was submitted) .
Although A1 Olson ' s memo dated October 18, 1977,
states that we should evaluate the low drainage area
and soil conditions , you will note on my original
memo dated P4arch 13, 1975, I indicated these same
points. I included two photos of the low drainage
area. I also Met on the site with John Gerhardson
and he felt the drainage could be _directed so as �
to not interfere with the neighbor. I also obtained
letter of no objection from several of the neighbors.
Neither the Planning Commission nor the Council
addressed these points when they were brought to
their attention. The conditions of soils is not
the responsibility of staff at the tiMe building
permits are issued. Foundations and supports of
structures are determined by the soil conditions.
If soil conditions are questionable, we require
soil borings and recorunendations from engineers
to prevent failure of structure.
One year and three nonths after obtaining City
approval of the proposed lot split, P�ir. Braun
and Mr. Plo�,�man retuYned with the necessary mylar
and hardshells for fi: al approval (June 28, 1976) .
Council approved the final plat subject to a park
dedication fee of $2 ,000 and engineer' s approved
drainage plans. Since that time, we have heard
nothing. Until now, one year and four months
later.
They are requesting approval of the final plat.
Since the statue of limitations has expired and
our policies and procedures have changed some-
what, I would suggest re-evaluation of the
proposal.
Planning Commission Pieeting - November 7, 1977
Mr. Steve Plowrtan and his attorney were present.
The Planning Corirlission directed staff to schedule
a public hearing for earliest date possible.
Zoning Administrator informed Planning Corunission
and applicant that certified list of owners within
300 ft. would have to be provided by applicant
before public hearing could be scheduled. (Continued)
REGULAR P�tEETING OF TIiE ORONO COUNCIL, FEBRUARY 23, 1978 Page 11
Date of public hearing would be determined SUBDIVISION
by date of applicant providing necessary data. 3024 Casco Point Road
For public hearing to be scheduled for December 5, (Continued)
1977, certified list must be submitted no later
than 4 : 30 P.M. Wednesday, November 9 , 1977. If
list is not furnished by that date, a public
hearing could not be scheduled until December 19, 1977.
Planning Commission also directed staff to review
drainage of subject properties with City Engineer
to determine design and easements necessary to
provide adequate drainage.
Applicant might be required to revise mylars and
hardshells previously submitted to indicate any
easements that might be necessary.
Planning Commission P4eeting - December 5, 1977
Instructed staff to schedule a public hearing for
the consideration of preliminary approval of the
proposed subdivision.
Planning Commission Public Hearing - January 16 , 1978
David Singer, attorney representing Joe Braun, and
Mr. Plowman and his attorney, Bob Schnell, were
present.
Lengthy discussion over previously approved pre-
liMinary plat dating back over one year. .
Issues discussed:
l. Previous approval of preliminary by Council -
biarch 17, 1975
2. Statute of limitations for submitting of final
plat (six months)
3. Minimum lot width requirer.lent at shoreline as
determining factor for lots with riparian rights
4. Financial losses
5. Drainage probler►s
6. Park dedication fee
7. Letters from neighbors
Commission recomriended denial because the proposed
lots do not meet the minimum 100 ft. shoreline lot
width requirerlent and potential problerts �aith drain-
age from increased development and change in land
contours. The Commission requested that Council
consider the time element involved on this issue
in making determination on proposal.
Council - January 23, 1978
Applicant requested tabling until next meeting -
February 9 , 1978. (Continued)
REGUT AR 21EETIIJG OF TFiE OROIJO COUNCIL, FEBRUARY 2 3, 19 7 8 Page 12
- Chronological Review SUBDIVISION
3024 Casco Po�nt Road
(Continued)
'ebruary 25, 1975 - First application, "simple division"
N,arch 17 , 1975 - Planning Commission approval without public hearing
June 28, 1976 - Council approved final plat subject to ,52000 park
fee and engineer' s review of drainage - no resolu- '
. tion at this time
July 30, 1976 - Braun engineering soil tests
October ?_6, 1976 - Building permit application - applicant notified
that permit would be held until subdivision finalized
no drainage plan submitted
October 18, 1977 - Applicant returned to have plats signed. He offered
to pay park fee, but submitted no drainage plans.
Resolutions are now required for final plat approval.
Sorne ordinances interpretations may have changed
. since June 1976. Staff referred applicant to City
Council.
October 24, 1977 - Council referred applicant to Planning Commission
for review.
December S, 1977 - Planning Commission requested staff to call a Public
Hearing
January 16, 1978 - Public Hearing. Planning Commission recommended
denial on basis of drainage problems and 50�, width
variance on shoreline. Specifically asked Council
to consider the applicant' s delays when considering
. the original approval of the current requirements .
January 23, 1978 - Scheduled for Council agenda - tabled by request
of applicant
January 24, 1978 - Staff received applicant' s drainage plan.
February 9, 1978 - �taff expects letter from City Engineer regards
' _rainage. -
. Council could approve subdivision based upon:
� Each lot exceeds '-� acre minimum area 22,000 s f. �- "
23,000 sf.
Lot width variance was previously approved and is
not totally inconsistent with the neighboring
property. �
Same neig:z:�orhoo3 objections are on file.
The drainage and structural conditions can be
properly engineered.
The Council could deny the subdivision based upon:
The Planning Commission recommendation for denial
The lot width variance at the shoreline
The lack of detailed drainage and erosion control
plans.
. Note the following:
Tract T was divided for tax purposes in 1975
(apparently after Council approval, but obviously
before plat recording) Parcel 6050, the half
listed to Steve Plow-man, is listed in our records
as tax delinquent for 1976 and 1977.
(Cc�ntinued)
REGULAR MEETING OF TIiE ORONO COUPICIL, FEBRUARY 23, 1978 Page 13
SUBDIVISION
3024 Casco Point Road
(Continued)
February 9 , 1978 � Tract T was originally assessed 1 residcntial
(Continued) water ctit of $580. 00. A second unit would be
due upon subdivision approval. A $225 sewer
unit would be dtie with� any subsequent building
perrnit.
Should the Council wish to approve, the appZicant
should supply complete drainage and erosion
control information to the City engineer and th e
City should acquire a drainage easement. The
easement should be located on the plat draw zngs .
A title opinion should be, provided to the City
� Attoi-ney. A resolution should be prepared.
Letter from Jim Olson, City Engineer, dated
February 6, 1978 , states:
Pursuant to your request, we have reviewed the proposed lot division of Mr. Joe
Braun at 3024 Casco Point Road relative to storm water drainage.
Surface drainage from the proposed lot division and from Casco Point Road does
drain towards the 10 foot wide drainage easement as indicated on the survey for
tract B (new lot) . However, during a field investigation of the site, we were
unable to determine the exact location of the easterly lot line and therefore
the relationship of the existing channel to the easterly lot line. A ten foot
wide drainage easement is normally adequate for a channel similar to what is
existing provided, of course, tt�at the channel is located within the described
� easement.
The area in and around the drainage easement is chocked with debris includi�g
dead trees, branches and brush. It is anticipated that this debris will be re-
moved during development of the new lot, if the subdivision is approved, and
� that there will have to be at least a minimum of lot grading around the new struc-
ture.
We reco�nend that the following conditions be made a part of any approval of the
proposed subdivision:
1. Al1 surface debris will be removed from the drainage channel.
2. No vegetation or grasses will be removed from the drainage charinel
without the express written approval of the Engineer.
3. No filling or embanlanent be placed that will encroach into the ease-
ment area or interfere with surface drainage.
4. The developer and/or builder submit for approval an erosion control
plan to prevent sedimentation from entering the lake during construction.
5. In the event that the existing channel is not totally within the limits
of the described drainage easement, the drainage channel will be re-
located to within the easement area in such a manner as to not create
any erosion problems or result in sedimentation of the lake.
(Continued)
RE�ULAR MEETING OF THE ORONO COUNCIL, FEBRUARY 23, 1978 Page 14
SUBDIVISION
3024 Casco Point Road
(Continued)
We have also revi�wed a soil boring report from Braun Engineering Testing �o.
dated July 30, 1976. �ao penetration test borings were taken and "- - - - both
borings encountered soft fill material and natural soils which would be subject
to detrimental settlement under the loads which would be imposed by the proposed
house and the additional fill placed to raise the lot grade." The report goes
on to indiate that in order to avoid piling that would be required to support a
structure "- - - - - it would be necessary to excavate the compressible and
organic materials and place a compacted backfill u�der controlled conditions."
These excavations would be up to 17 feet below the existing grade of the lot at
the northeast corner of the proposed new house. These items must be carefully
examined prior to issuance of any building permit. ' _
End of letter
Council P�eeting - February 23, 1978 ,
Mr. Savid Singer and P�r. Robert Schnell were present
to discuss their clients, h�r. Braun and Mr. Plowman' s
concerns with P�r. Braun' s application for a sub-
division.
P�r. Schnell referrea to his letter dated February 10,
1978 , which states:
. Confirming our. telephone conversation of Wednesday,
February 8, 1978, it is my understanding, you have reviewed the
file on this matter and that you feel the following items are
necessary for the City of Orono to consider final approval of
- the "subdivision" of Mr. Braun' s property:
• (1) an updated final plat in conformity with
- �:e Minnesota Statutes , including a pro-
' posed drainage easement on the property
to be used by Mr. Plok�rnan;
(2) an attorney' s title opinion showing current
status of title to the property being sub-
divided;
(3) an executed drainage easement running to
the benefit of the City of Orono and
covering the drainage easement area set
forth on the plat; and
(4) tender of payment of the park dedication
fee.
Should anything else be necessary to have this matter
finally heard, and resolved, by the Orono City Council, I expect
that you will advise me promptly.
(Continued)
REGULAR P�IEETING OF THE ORONO COUNCIL, FEBRUARY 23 , 1978 Page 15
SUBDIVISION
3024 Casco Point Road
(Continued)
Pursuant to your offer, I reviewed the file at the
Orono City offices on this "subdivision" yesterday. I note
that N�r. Braun' s "simple subdivision" was first approved by
the Orono Planning Co�r�rnission March 17, 1975, and by the Orono
City Council ?�arch 25, 1975 . The only condition on that approval
reflected in the m�nutes is "that another water unit charge be
added for the approved building site. " I assume this approval
�tias given pursuant to the "exception" provisions in Orono' s platting
ordinance (§39 . 021) .
For reasons not clear to me, when plats were submitted to
Orono in 1976 this "lot split" was aescribed as a "subdivision" and
the ma-tter was again submitted -to the Planning Commission and the
City Council. Both bodies approved the "subdivision" (the Planning
Commission on June 21, 1976, and the Council on June 28, 1976) with
the only reservation being review of a Ci�ty Engineer' s report on
possible drainage problems and payment of the park dedication fee.
I see no evidence in the file that the City Engineer ever made such
a report, and I note that no where does a -time limitation attach to
the City' s approval.
. As you know, when tender of the park dedication fee was
� made this fall, Orono apparently took the position that its prior
approvals had lapsed and that it could begin a de novo review
of this matter. I question whether Orono has that right, since it
has -twice approved this "subdivision" with only minor, and very
specific reservations. I suggest �that only questions about drainage,
. and not a full-dress review, ought to be properly considered at this
point.
I alsb note that Orono' s files indicate that a proposed "
. drainage plan was received by the Orono staff January 24, 1978: As
far as I know, no response has been made to that proposal and no
response appears in the Orono file. Obviously it makes little sense -
for us to prepare plats and drainage easements based upon that pro-
posed plan if the City Engineer views the plan as inadequate or
defective. I can only assume that the City Engineer has no objections
to the proposal and will have the necessary materials drawn up
accordingly. Should my assumption not be accurate, or should the
City Engineer not yet have consiclered this matter, please advise me
promptly. '
Your review of the file herein also disclosed, I am
sure, the fact that Mr. Plowman aoplied for a building permit
on his lot in October, 1976. Apparently the lack of "final
subdivision approval" prevented issuance of a permit, although
the City' s various inspection trips to the site make it appear
that the City' s response was ambiguous. In any event, Mr.
Plowman obviously intends to build upon his lot and expects that
the City will issue the necessary permits upon approval of the
" subdivision. "
End of letter (Continued)
REGULAR I�iEETING OF TIIE ORONO COUNCIL, FEBRUARY 23, 1978 Page 16
Mr. Schnell continued by stating that this proposal SUBDIVISION
has been approved twice, we have had two �ublic 3024 Casco Point Road
hearings, and P�r. Plownan wants to build now. Agzin, (Continued)
we are told we have to go through the total process.
I cannot find this Policy in your ordinances. We
have had no objecti� ,Zs from neighbors, we have satisfied
soil tests, and drai:. �e plans. [ae are not speculating
as a real estate agen , but we do want to build now.
We do want City approval tonight.
Mayor Van �1est: Pir. Olson, do we not have objections
from neighbors in our file who are concerned with
this proposal?
i�Iayor Van Nest read the following letter from Mr. Howard
Alton, 3025 Casco P; �.nt Road, dated January 14, 1978,
which states :
It is rny understanding that the purchaser of a lot
across from me on Casco Point Road has asked for
a variance.
This lot should not need any variance.
It was originally so=! d to Joe Braun, who together
with a friend were gc:ing to each build on the lot.
I bought the property from t�i. D. Barrett. Then
sold the property to P4r. and P�rs. Braun.
I would like to know a lot more about it before any
variance is to be granted.
Because of my interest, I am writing this on Saturday,
between a business trip just back from, and leaving
again.
End of letter
r4r. Olson read the following letter fron Mr. David
Morris, 2990 Casco Pc�� nt Road, dated January 6 , 1978,
which states:
I have received notice of public hearing before the
Orono Planning & Zoning Commission regarding the
possible subdivision of lakeshore property on Casco
Point Road.
I ar_► writing to indicate r.ly disapproval of the sub-
division proposal at this time. I will be travelling
out of the country at the tir.le of the hearing and wish
to have this letter considered as my position.
(Continued)
REGULAR P•'IEETING OF TIiE OROP10 COUPICIL, FEBRUARY 23, 19.78 Page 17
From my understanding of the circur►stances of this SUBDIVISION
proposal, I feel that the best interests of the 3024 Casco Point Road
community and the neighborhood surrounding the (Continued)
proposed subdivided lot would be best served by
disapproving any subdivision that would require
zoning variances for residential construction.
End of letter
Mayor Van rdest: Has Pir. Plowrian siqned a contract
with t4r. Braun?
P4r. Schnell: Yes, but there is a legal dispute
between them concerning the finalization of all
data.
Mayor Van rdest: I�as �he City delayed this request?
Pdr. Schnell: P1o, but I question the one year . "
statute of limitation and its legality.
Mayor Van Nest: It took a year and three months
to get soil tests and from June to October, 1976 ,
nothing happened.
Mr. Olson read a letter from rir. Muhich to Dick
Benson, dated P�Iarch 13, 1975, which states:
i4r. Braun is rec�uesting approval of a simple sub-
division of Tract T of R.L.S. #461 on Casco Point
into two parcels.
At present, one house is located on the parcel
which exceeds one acre in area. This area is .
zoned LR-1C (single family 1/2 acre sewered) . _
The proposed lot split would result in two parcels
both of which would exceed the required 1/2 acre
minimum area. �he �•�icith of the t��o nro�osed .�ots
would also exceec3 tlie rainimurti o� 100 ft. at the
location of the house if the second home is built
150 ' fror.m the lagoon.
The second building site to the southwest o.f the
existing dwelling is c�uite a bit lower in elevation
than the existing structure site, however.
If the proposal were to be approved, the applicant
should be rerninded that soil tests would be required
to assure us conditions are satisfactory.
March 18, 1975
At their meeting of P�arch 17, 1975, the Planning
Commission recommended approval of this subdivision
to Council.
End of letter (Continued)
REGULAR P4EETITdG OF TIiE ORONO COUNCIL, FEBRUARY 23, 1978 Page 18
Mr. Singer: rZr. Braun received a carbon copy of a SUBDIVISION
letter addressed to Mr. Schnell fror.► the Cit��, dated 3024 Casco Point Road
Febzuary 14 , 1978 , which states: � (Continued)
I would like to reply to your letter of Februarv 10 ,
1978 regarding the Joe Braun subdivision.
The final subdivision approval by the City Council
must be in the form of a resolution which will set
forth any conditions and or requirements as
deterr,tined by the Council. The City staff is
currently recommending to the Council that, should
the Council wish to approve the plat, the following
items be corapleted by P�Ir. Braun:
l. Updated final plat drawing including a drainage
easement shown thereon.
2. Executed drainage easement running to the City.
3, Current title opinion addressed to �he City td
ensure proper and complete execution of all
documents.
4. Payrient of one additional water unit charge of
,�530. 00.
5. Payment of all delinquent taxes due.
6. Payment of the park dedication fee of $2, 000.
7. Submission of complete foundation plans and
engineering data, drainage control plan, and
sedimentation and erosion control plan for
review and approval of the City engineer prior
to issuance of any building permit.
These recommendations arise from the facts and
documentation contained within the file which you
reviewed and from the recommendations of the City
engineer as contained in the attached letter dated
February 6 , 1978 which was delivered to the City
on I'ebruary 9, 1978.
End of letter
Mr. Singer continued by stating that these delays
are creating a financial hardship for Mr. Braun.
Mr. Schnell: P�Iy client was not aware of a one year
statute of limitation and this policy which we
question is now our problem.
Mr. Bruce 2dalkerson, City Attorney read Ordinance
34. 552 and definition on page 8 , which states :
34. 552. Lots. The following minimum rec�uirements
shall be observed:
Lot Area Lot L9idth Front Yard
1/2 acre 100 feet 30 feet
(Continued)
REGUL�R i�EFTING OF THE ORONO COUNCIL, FEBRUARY 23, 1978 Page 19
Side Yard Rear Yard Side Yard SUBVIDISION
10 feet 30 feet Adjacent to 3024 Casco Point Road
Street (Continued)
15 feet �
Definition: Lot 4�idth. The maximum horizontal
distance between the side lot lines of a lot
measured parallel to the front lot line and at
the rear of the required front yard.
Mr. Bruce Malkerson also noted that the Supreme '
Court has determined that a front lot line is on
the lakeside, not the street side.
This application is subrnitted by Mr. Braun, but
P�r. Singer representing Mr. Braun, has indicated
that AZr. Braun does not want anything to do with
this, if that is the case, Mr. Plowman should .
subnit an appliation.
Councilmember P4assengale: This application is
three years old and the applicants cannot agree.
It appears that we can only rehash old data when
the applicant is not fulfilling requirements.
P�ir. Schnell: In view of the facts before us, I
believe the Council should approve this application
and allow my client to proceed with haste to
compete requirements.
Mayor Van Nest: I feel that we should support the
Planning Commission' s findings and recor.unendations,
we have to consider all aspects. It appears that
variances are required which have not been applied
for. -
I�Iayor Van Nest moved, Massengale seconded, to instruct
staff to prepare a resolution incorporating all findings
of facts and Planning Coinmission recommendations to
deny and submit at the March 16, 1978 Council meeting.
Discussion followed.
Bruce Malkerson to Mr. Braun: Do you want to with-
draw your application?
Mr. Braun: No.
Mr. Alan Olson commented that a resolution had never
been drafted nor signed because conditions had never
been rnet.
Councilmember Butler: I believe we should move to
reconsider previous rnotion of October or November, l977.
Discussion ended.
The above seconded motion was voted on. riotion, Ayes (4) -
Tlavs (0) . C�uncilme*nber neselc abstained.
REC;ULAR T4EETIP�G OF THE OROPdO COUNCIL, FEBRUARY 23 , 1978 Page 20
Mr. Alan Olson, Assistant Building & Zoning SUBDIVISION & REZONING
Administrator, entered into the record the 2060 �ayzata Boulevard
following information concerning a request for #308
a subdivision and rezoning for Sidney Rebers, Sidney_ Rebers
2060 �aayzata Boulevard, dated September 13, 1977,
which states :
This application is an initial subdivision of this
property into three parcels, two of which are in the
B-1 Cor:unercial District and the remaining parcel in
RR-1B residential district. Each parcel meets
the area and width requirements of the respective
zones. There are no wetlands on this property.
Access is to State Highway #12 and to Brown Road
North. There has been no indicated use of Lot 1
to date.
RR-1B requires 2 acres , 200 ft. width
Outlot A contains 32 acres , 1,100 ft. width '
B-1 requires 20, 000 sq. ft. , 100 ft. width
Lot 1 contains 45, 838 sq. ft. , 149 ft. width
Outlot B contains 312 , 500 sq. ft. , 745 ft, width
The rezoning is requested to realign the zoning
district boundary consistent with the lot con-
figuration as it exists. It would also affect
line as it passes through the Wear parcel. The
district line would move north 60 ft, as proposed.
A public hearing for the subdivision and rezoning
has been scheduled for October 8, 1977 at 8: 00 P.M.
Septenber 30, 1977 Fiank P'Iuhich memo
I reviewed the proposal and packet as previously
prepared and distributed by Alan Olson. I
discovered that a copy of the plat map section
was missing. I am enclosing a copy of the plat
map with this memo as we do on all such proposals.
In checking the plat map, some interesting questions
c� to my attention. Note the dotted line indicated
by the arrow on the copy of the plat map. I have
not had the time to review exactly what this dotted
line might indicate, but we might request the
applicant submit some data to clarify the status
of all this property. I am sure the status will
be cleared when the title opinion is reviewed by
our attorney, but it would probably be less expensive
and less tir_le consuming now rather than after pre-
liminary approval.
I have not heard anything from the State Hic�hway Depart-
ment regarding this proposal. I do not know whether
Alan Olson has sent them a copy Lo review. The
State Iiighway Department should be consulted. They
might be interested in additional right of way. We
might also consider easements for service roads or
other access alternatives. (Continued)
R��ULAR PZ�ETING OF THE ORONO COUNCIL, FEBRUARY 23, 1978 Page 21
Tae should also obtain some direction from the City SUBDIVISION & REZONING
Engineer for drainage from the property so we have 2060 Wayzata Boulevard
no future problems when the residentially zoned (Continued)
area is developed. [ae should provide for drainage ,
easements at this tine.
In checking the plat �ap, I also remembered that
utility services are not provided by Orono in this
area. We should also require some clarification on
this issue.
Some of the properties in this area are serviced
fron Long Lake. These have all required the
approval from the City of Long Lake. b�e must
remember the current status of the Long ,Lake
Sewer Plant (capacities, adequacy of sewer line
sizes and such) .
Access to the properties should also be addressed:
�Ve should resolve any possible traffic probleMs
before making any determination on the proposal.
The rezoning proposal appears favorable. The B-1
zoned area current'ly described splits the Bill
Wear property. It would seem to make more sense
to follow a given straight line for zoning purposes
whenever it might be possible. If a given straight
line is established today, I believe we would
eliminate any future controversies with other
property owners in the immediate B-1 district.
Planning Commission P�eeting - October 3, 1977
Sid Rebers, his surveyor Ted Kemna, and Long Lake
Council�an Barney Kogan were present. Planning
Commission reviewed issues noted by Zoning
Administrator. Status of State right-of-way
property to be reviewed by City Attorney with
receipt of title opinion from developer. Sewer
issue addressed. Drainage and utility easements
to be provided as per City Engineer recommendations.
The Zoning Administrator suggested the Planning
Corunission defer action on the subdivision proposal
until the State Highway Department replies with
comments regarding the proposal which abutts State
Highway #12.
P�r. �ogan was asked if he had any comments or concern.
He stated his main concern was the rezoning proposal.
He expressed no objection when the PropQsal was
explained.
Public Fiearing notice for October 3, 1977 -
Page 22 (Continued)
Page 22
CITY OF OR0��0, ?�ZI'v�T:S�"I'A .
'.�JTICE IS IiEKEBY GI1�I that the Orono Planning Co�runission, City of Orono,
��� will �old a Puhlic liearing in the Council Ch�bers on Tionday, October
,�_innesota, '•
3� 1g77, at 8:00 p.m. on the �'�atedratf2060 1'a}aataSBoulenard�andllegappyldescribed
Sidney Febers {or property loc
as folloti.�s:
(See attached description)
All persons wishing to be heard ���ill appear at this tirae.
City of Orono Corimission
gy: Order of the Planning
Henry F• ''•�1�
Zoning Administrator
/I}ated/ September 9, 1977
REGULAR MEETING OF THE ORONO COUNCIL, FEBRUARY ?_3, 1978 Page 23
The Planning Comriission recommended approval of SUBDIVISION & REZONING
the rezoning subject to receipt of the legal 2060 Wayzata Boulevard
description of the area to be rezoned. The area (Continued)
rezoned could not be recorded until standard
procedures are conpleted.
The Planning Corunission tabled the preliminary
subdivision proposal subject to receipt of reports
from State Highway Department and City Engineer.
Staff - October 27, 1977
State Highway Departnent has not as yet responded
to our request for comr.ients on access to the subject
property. This issue will be listed as an incomplete
item on the agenda for the Planning Commission
meeting scheduled for rdovember 7, 1977. However,
if we do receive a report prior to this meeting, I
would suggest moving this up as an action item •
for a recommendation to Council. �
Staff - November 9 , 1977
Still no response from State Highway Department.
Called Mr. Joel Katz , 545-3761, of the Department.
Staff - December 6, 1977
- Received response from State Higwhay Department
regarding access from area properties to Highway
#12. Copy of Mr. P�erritt's letter attached.
Staff - December 21, 1977
Called Mr. Katz again. He said he would get back
to property divisions for answers.
Staff - January 31, 1978
After many phone conversations with the State
Department of Transportation, I finally wrote to
them requesting some clarification regarding the
status of the small triangular shaped property at
the southwest corner of the Rebers property. I
am also enclosing a copy of the State' s response
from Mr. Crawford dated January 17, 1978.
For reference, I ar.► once again enclosing a copy of
letter I first received from Pdr. rserritt, which
was dated November 30, 1977.
Since all this has transpired, I have received a �
letter from 14r. Rebers dated January 12, 1978
inquiring about the status of his proposal. I
responded immediately after receiving State' s
response January 23, 1978. Copies of these
letters also are enclosed. (Continued)
�EGULAR I•ZEETING OF TIiE ORONO COUNCIL, FEBRUARY 23, 1978 Page 24
Planning Cornmission r4eeting - February 6 , 1978 SUBDIVISION & REZONING
2060 Wayzata Boulevard
Mr. Rebers, P�r. Kemna, his engineer, and Bill
Wear, interested neighbor, were present. (Continued)
The Planning Commission addressed the issues of
access and clear title to the �roperty relative
to the State letters dated NoveMber 30 , 1977 and
January 17, 1978 .
The proposed plat as subr:litted indicates south
lot line of proposed Lot l, Block 1 extending to
current right-of-way of Highway #12 . State letter
dated January 17, 1978 indicates differently.
Mr. ti�lear expressed concern over vacating of old
ric�ht-of-way which State has never abandoned.
The Planning Cor.unission also expressed some
conc��n about the access to Lot l, Block 1 over
the unabandoned right-of-way. •
The developer assured the Commission that the
State would aba-�don subject right-of-way and,
through vacation procedures by the City,he could
acquire title to the property. The Zoning
Administrator suggested tabling the matter until
proper title can be shown and all conditions for
final resolution of plat approval are met.
Mr. �Jear stated he would object to vacating of
ric�ht-of-way because of the Potential obstruction
of his establishment next door.
After further discussion, Pla nning Commission
recorunended approval of preliminary plat because
the controversial parcel, Lot l, Block l, would
meet zoning area and width requirements even
though the State land was not acquired. Approval
was given subject to the following additional
conditions:
1. City Engineer' s approval of all utility and
drainage easements. •
2. State approval of access approach.
3. Resolving� availability of municipal sanitary
sewer connection to Long Lake se�aer line
(approval of Long Lake Council and City
Engineer)
4 . City Attorney' s a�proval of current title
opinion addressed to the City.
5. No park dedication fee rec�uired.
The Planning Commission also reaffirmed reco�ending
previous approval of revising B-1 zoning line by
moving zoning district line 60 ' to the north of
current zoning line (action at meeting of October 3,
1977) .
(Continued)
REGULAR ME�TING OF THE ORONO COUIdCIL, FFBRUARY 23, 1978 Page 25
Staff - February 14, 1978 (for February 23, SUBDIVISION & REZONING
1978 raeeting) 2060 Wayzata Boulevard
(Continued)
�our review at this r.�eeting will be for prelir�inary .
intentions for use of Lot 1 and Outlot B and their
intentions regards access to and along Highway #12.
Because of these unanswered questions , I have
prepared the attached resolution in draft form and
it may need revisions prior to your approval.
Pesek moved, Paurus seconded, to redraft resolution
as anended on page 2 for the prelir:tinary plat and
rezoning for Sidney Rebers, 2060 ��dayzata Boulevard,
for Council meeting of r2arch 16, 1978 . 2lotion,
Ayes (5) - Nays (0) .
Paurus r��oved, Butler seconded, to instruct staff
to determine need for Council public hearing on
Sidney Rebers ' rezoning and_ G�Jilliam �Vear rezoning, '
and the drafting of a resolution concerning Psr. ��ear' s
rezoning for Council review t7arch 16, 1978. i4otion,
Ayes (5) - Nays (0) .
Mayor Van Nest reviewed previous history and Council t^JALTER' S PORT
action concerning the 4�alter' s Port Homeowners #245
Association application commenting that final
�.pproval was conditioned upon several conditions
..�eing met which have not been satisfied, and that
there appears to be nuch dissatisfaction among the
Association mer.tbers. Naw, not the Association, but
three individuals : P4r. Robert DeGregory, Mr. Arthur
Ellis, and P�r. Richard Crist have come to us to
request riprapping of the west and north wall. Our
last Council action was February 9, 1978, as follows:
Mayor Van tdest r.loved, Pesek seconded, to table the
matter until property owners submit individual
proposals for which the City caill �aaive the fee.
If the Association wishes to contest the right of
individuals to make separate applications, the
Association must present to the Council, before
the next meeting, legal evidence of Association
autl�ority to intercede. Motion, Ayes (3) - Nays (0) .
This was requested to allow us to decide if we
should deal with the Iiomeowners Association or
individuals.
Mr. DeGreory: I feel that this matter should be
tabled to allow rle to be represented by my attorney.
riayor Van Nest: j�e have received the following
material, as previously requested, which will be
entered into the r.�inutes. This material was
requested to deterr,iine the authority of the
association. (Continued)
REGULAR 21EETING OF THE OROP10 COUNCIL, FEBRUARY 23, 1978 Page 26
CLARIFICATION REGARDING COVEi1ANTS WALTER'S PORT
(Continued)
�he acts of certain individuals, made menbers of
�he �9alters-Port Im�rovement and i4aintenance
Association by recorded covenants, have brought
into question the vitality and authority conferred
in those covenants. The specific legal c�uestions
evolving are simply:
1. Are individual lot owners in Walters-Port
precluded by recorded covenants from modifying
and improving property over which they have non-
exclusive easenents shared by other lot owners,
without prior homeowners association approval?
2. May a lot owner seek building permits to modify
or improve said property on his own behalf or
r:lust building permits to modify or improve
said property be sought only by the hor.leowners '
association under the recorded covenants?
3. P�7ay a municipality, without consent of the home-
owners association, grant building nermits to
individuals who seek to modify or improve
property which is subject to recorded covenants
which give authority and responsibility for
such things to a horieowners association?
�n ray opinion, the answer to the first question is
an unequivocal "yes" . Paragraph 8 of recorded
covenants states, in pertinent part:
• "8. The owners of each and every lot in said
subdivision are by their ownership made members
of the �9alters-Port Improvement and P4aintenance
Association. The members of this association
. shall be financially responsible for the main-
tenance, preservation and improvement of the boat
harbor and channel to the lake • located on Outlot 3
and 4 of said subdivision. The members of this
association shall also be financially responsible
for the maintenance, preservation and ir.iprovement
of the road located on Outlot 1, of said sub-
division after said road has been surfaced by
William R, ti�7alters. Each association member shall
have a vote in any matters pertaining to Outlots
1, 3 and 4 in the proportion as hereinafter set
forth. Further, any maintenance or improvement
expenses authorized by said association will be
borne by the individual members thereof in the
proportion as hereinafter set forth. "
(Continued)
REGULAR PZEETING OF THE ORONO COUNCIL, FEBRUARY 23 , 1978 Page 27
SUPPLrP1EP1TAL OPINION ��JALT�R' S PORT
#245
The clear rieaning and intent of this provision is (Continued)
that the "association" has responsibility and .
authority over maintenance or improver:lent of
"comrion property" (Outlots) over which lot owners .
have "use" , conferred in other provisions. The
provision for voting rights and the underlined
portion above indicate the association has "control"
over the "common property" . As such individual
lot owners will be precluded from actinc� on their
o�an, without association approval, to nodify or
improve "comrlon property" . The covenants also
provide owners the right to enforce this or anv
oti�er covenant in the courts, either by restrain-
ing individual acts or by seeking damages.
The second question is not specifically considered
in the recorded covenants; however, it is important
to note t:hat other lot owners, �snder these covenants,
could legally prev�nt building or improverient by
individual _lot owners �vhich was not approved by the
association, even �if the building nerrlits had been
obtained by individual lot owners. Since the
covenants are not more specific and in light of
the prior discussion, it seems obvious that either
the association or the individual lot owners may
seek building permits. But clearly improver►ents
or modifications which were not approved by the
association could be restrained by other lot owners.
Though simply stated, it is my opinion that a
municipality could issue building permits to
individual lot owners notwithstanding the
existence of restrictive convenants concerning the
subject property and without homeowners' - approval.
�iowever, a municipality may choose to act with �
caution, particularly when it acts with knowledge
of restrictive covenants affecting property on
which permits are sought.
Two alternatives for the municipality seem apparent.
It could issue the perr,iit and submit itself to
possible civil liability or it could require the
individual (s) seeking permits to provide a court
clarification of the covenant' s impact upon lot
owners and their authority to act.
In conclusion, it is r.iy opinion that the homeowners
association has authority to approve or disapprove
modifications and ir.iprovements over "comrion �roperty"
shared by all lot owners and to enforce or prevent �
individual lot owners from acting contrary to
the association' s authority. Either the association
or individu�l lot owners may seek permits, but the
association or lot owners may seek legal remedies
for actions not approved by the a�sociation.
(Continued)
REGULAR PSEETIPIG OF TIiE ORONO COUNCIL, FEBRUARY 23, 1978 Page 28
A r.lunicipality is not �recluded fror.i issuing WALT�R' S PORT
perr.iits to individuals, contrary to the desires (Continued)
of the homeo�aners association, but should do so
with caution,as preventative measures can be .
taken to assure it involves no possible civil
liability.
Dale G•7. Sheldon
Attorney at law
Attachments - Pages 29-36
P�r. ti9illiar,t Reese, Jr. , 2711 F:elly Avenue,
corunented that he would �vant to be represented
separately.
Bruce Malkerson: It appears to ne that the material
that vae received this evening is not complete.
Paurus r.�oved, Butler seconded, to instruct staff
to respond to Mr. Sheldon and to table this matter
until further information is available. rsotion,
Ayes (5) - Nays (0) .
Note: For the record:
Mrs. Arthur Ellis commented that she was not
notified that this matter was to be on tonight' s
agenda.
Mr. Alan Olson commented that his secretary called
her late this afternoon to notify her of tonight' s
agenda. PZrs. Ellis was not at home but her son
wa� notified.
� �� � � _f .
1�7� �� i� �
' DALE W. SHELDON �
ATTCRNEY AT �.w T_'aae 29
• 401 FJ.ST LAKE 5T.
VYAYZATA. MN �SS391
T[�[rHON[ 612 -473-7326 ^ � �Z ' �3
F�� ,�_ -
DATE: February 17, 197�3 \/�LL;�,�',t G� Crc��`��
T0 : Orono City Council and
Owners of Lots in Walters-Port Subdivision
RE: Legzlity and Enforceability. of Certain Restrictive
Cover.an�s Affecting Lot Owners in t�'alters-Port Subdivision
I have examined the contents of a document recorded in Book
2290 of Deeds, page 27, as docu�nEnt number 3275862, jn the
office of the County Recorder, in and fo�r Hennepin County,
which contains various restrictive covenan�s affecting the
owners of Iots in Walters-Port Subdivision, and various deeds
of conveyance and original certificates of ti�le on file for
various present owners of said lots.
The covenants in said document number 327.5862 create certain
rights and obligations running to and between the owners of
Walters-Port lots, spec�Pically with reference to various
Outlots which provide access to insid e lots and a harbor and
channel to be used by lot owners for access to Lake Minnetonka.
Additionally, the recorded document contains covenants regard-
i ng the individual owners' financial responsibility concerning
the maintenance, etc. of outlots which benefit each 1ot in
said subdivision. -
The benefits to the lots and Iot owners are obvious and the
covenants are sufficiently clear to render them binding upon
, all Iot owners who ,purchased their lots with actual notice of
these covenants, or constructive notice, via recording.
� ;.-
In my opinion the covenants considered ar e Ie�ally valid and
binding upon all lot owners - in Walters-Port Subdivision, and
legally enforceable by and between the individuals who own
these lots sub�ect to these recorded covenants.
�l� �
� 1 • L -
. � �
• ) !�" /�--� � Page 3�
� ' •- : --�J
STATE OF MINNESOTA) •
) SS --"'"'
VI�..L;��•` C'r- L:`'..'�_�
COUN`i'Y OF HENNEPIN) -
I, DALE W. SHELDON, being duly swo�n and upon oath,
state as follows :
1. That I am a duly licer.sed attorney in the State
oP I�innesota;
2. That I have been asked to render an opinion
concerning thelegality and enforceability of cert�in cove-
nants appearing to affect �he lots in k'al�ers-Port Subdivi-
sion, Hennepin County, Aiinnesota;
3• That I do not know socially, nor have I met
professionally, any of the following individuals ; Richard
Crist, Scott Ellis, Robert DeGregory, David Nelson, Dean
Blunt, Rudy Hartman or i✓ichael Pluhm;
� �t. That my only contact with Mr. William Reese, Jr. �
has been by two brief telephone conversations in which he
asked .me to provide the opinion set forth in �2 above; and
, - 5• My only knowledge concerning the above individuals
is that they desire a clarification and opinio� regarding the
. �,
above mentioned covenants.
•
BY
/ �-'�C.c�^�
DALE W. SHELDON
Subscribed and sw�rn to before
me thi � �day of Feb. , 1978.
, Q ��/�
1�(���--�
NOTARY PUBLIC, HFNNEPIN COUNT
My Commission Expires / 2d Sa
ttiu.�ei�f _
��Sy'� DEBRA L HA►10E �
�`� NOTARY PUBLI .
C-MINHESOTA
�
MENHEPIN COUNT)'
Yl Cm�rr'sim Fta�m D�,p.19Ep �
x T►TiTTYtRtr7riifil
_ � . ' •
. ,I'
� " Paae 31
_ + -
�
j � FtB 21 1978
�` �� ' . : . . .
� VILLAGE OF OROI�O
18 February 1978 ' - -
I _ . � r..�� .
� Mr. Brad VanNest, 2dayor - ��`�' ,/ '�
_ City of Orono � t'� �
� 3295 Carman Road • -
- Exceisior, N�N 55331 � - �
� - . . _
! . Subj : No. 245 h'alter' s Port Lagoon � _ -
� ' -Dear Mr. Mayor, _ . � ._ , - - _. - . ' : �_ _ _ -- �'=
The undersigned members of the Walter's Port Homeowners
Association respectfuily submit� the following position� for - -
: your consideration. - The matter specifically concerns a - .
� � pending application for. the rebuilding of the north wal� ' � -- -
(outlot 3) of our lagoon, brought before .you by individuals - ` . �
- on their own behalf without prior knowledge, endorsement or - � "
approval by our association. � ' '
. - .. - � - .��=_.
- ' =��--_=-.
A : �We oppose any affirmative ac�ion by �he council on this matter -_�='��-_- �
� for the following reasons: - - . ..' ";.: --
< , - - . - ,. - - _ _ -
1. �testrictive covenants (Doc. No.- 2375862, $ook 2290 of ` .-
- � , . . -�eeds) specifically state and r�quire a majority vo�e on - - =e-•=
- any matter concerning the maintenance, repair and 3mprovement � " =t .��
_-,_�,
_� of the existing structure (seawall) in _question. � __- .
_ _ . -_ 2. Any such proposal must be developed within the framework - = ' -_
. � -_ � of the association first. Any proposal with majority approval' =_ =
� should then be submitted to the council for action •through -_ - -_-
- _ _ established channels and procedures. The proper�.place to _-"_- �
� argue for individual wishes is within the association, and not - ,_ - = _ �
in the council chambers, to gain majority support _through
� persuasion and objective sound reasoning. _
` - 3. The -legal opinion on the covenants obtained by the association
at your direction is attached and self-explanatory. - We fully
' support them as written.
4. The "pending matter" before the council, deve�loped verb�lly,
in the coumcil chambers, is in essence an enlargement of the
existing lagoon northend as platted. Enclosed Drawing No.
' 78-0211-1, Table 1 & 2, illustrate and summarize potential
, effects -of such a course of action. The total net result
� � - vace 32
. � � �� m - � -�
.:�� / FE3 �I ==�-
� � E�� � '��' �
�
• VIL���t G� C:c�; :��
1 Mr. Brad VanNest - 2 18 February 1978 .
would be a 20-26$ increase of shoreline at �he water 1eve1 � � - -
. and 39-54$ increase of shoreline frontage at the normal - - -
1 established property elevation levels for the Ellis and Crist -
` properties. . These two properties are the only ones to gairi
: -. added footage by this, the DeGregory property is unaffected. � --
; � We do not endorse any, "manufacturing of more lakeshore" for
� whatever reasons. _ �
� � S. - Quantative anal sis Ta ' - - . _ . - - , - - -
, y ( ble 2 j furtherrnore shows that any - _ -
such undertaking would be more than a "grading job" as remarked
during the last council .meeting. Substantial shoreline � � � = _ -
� _ � - a�.teration and dredging is potentially involved, some 280 cu/yds �_:�,- �.�"
� - _ -of earth (1/3 below water level) would have to be bulidozed . -- - '�'``�
� =;r"��.
� . and reruoved, and an estirr�ted 567 tons of boulders would be - " �
- • required on the basis of a 2-1/2:1 slope. - � .. - : -
� _ � fi_ We are prepared �o vigorously defend -at a11 government and -=� = "
_ - agency°�evels our •reparian rights, our �xisting rights,� � - - = _
obligations and responsibiiities per the covenants attached to - - -
_ our deeds. - - � - -
_ _ �Te support the following:= - � - _ . - _ - -
-� _ - . . . _ _ -. - - . _ - _ , : _
� .-_:�i. To maintain,-_ repair,� improve and rebuild the existi�g - .-
- � - -seawall, per existing permits and per obligations under the " =
. covenants. ;221 feet are completed.) - _ - --
. _ - - - - - - - - - _ _ � _ .- __�_-
� _ 2. To proceed timely fln the required remaining work to assure = _T:�-'_-�
- . - a safe access by all owners to the lake by springtime and - -�'� - -- -
� possibly avoid actions and shut-down of the lagoon by 7oca1 _ . - ._� -
governments who could declare the -lagoon entry unsafe if the - - - �
structural repair _is not carried out. - -
3. To preserve and to keep the established property lines
� and frontages as per plats and deeds. � _-
4. To maintain a cohesive uniform seawall design as much as
possible and practical in view of the relatively small and
confined lagoon area. _
�
- 5. To preserve the existing remaining small wetlands area .
which directly abuts most of the 340 ft. west wall.
' - Page 33
' . ��� _-, �. ,.
y ,..� �� ��-_ •__ _.;;�� .
I ��'� .`' ,
,,,� . . �- .-..- „._.,. ,
Mr. Brad VanNest - 3 ' 1$�-February 1978 ' •
� 6 . To deal now and in the future in these, or simil�ar
i ' maintenance matters, as an association, by majority vote, f
and not as individuals as is clearly defined and specified
in our covenants. .
We request that you act in this matter prOmptly and reject
� any proposals brouoht before you which do not have a majority
� association approval, now or in the future.
i � Respectfully: � � �
� - _ . � .
f .---�_-_,
i
- . . Blunt - H. R. Hartrnann
�`_'� -
D. Nelson - . - - . - '
• J . _ � _
W. Reese, Jr. - . . : ° _
. Association President � - � -: _ _. . _ "
_;:�.:; _ � _ -__
- 1h - - - _ � - '. _- . . : -. -
-- - . _ __ ._ _ _ - _ _. -- :
. .Encls. _ _ " _ . _, . . __ •
- cc: Ail council members - - . -- -� . -- " _ _ - _ -
- -� - -Orono City Atto�ney � _'. � - -
L � _ _ -
;
�
t -
� _
, , _ ' � • -
� ' l
�. � Paqe 34
��� ��
/ � �� ��"
_ .. . FEa 2i ���a
VILLAGE 0� CRONO
TABLE 1 . �
� FFFECTS OF NORTH END LAGOON ENLARGEMENT
ON SHORELINE IN WAI,TER'S PORT
---_.. _
Owners & Existing � � � Effects Of Proposed `
Lots Frontage Enlargement at 2-1/2 : 1 Slope/929. 4 WL
Affected Per Plat Increase to Lin. Ft. or $ of Existing Ft.
. Ft. At W.L. At Net Gains of Shoreline
_ 929. 4 Prop. Elevat. g
Ft. Ft. At W.L. At Elev.
Ellis 25 31. 50 38. 50 � 26$ -�4$
Crist 45 54 62 20$ 39. 4$
- De Greg. 11 11 11 0 0 -
Totals 81 96 .50 111_SO " 19.1$ 37.6$ - "
Note: 1. Lots in Walter' s Port Subdivision are subject to - - -
restrictive covenants which run with the land. " - �
2_ Covenant -Ref. Doc. No. 3275862 - -.
Book .2290 of Deeds - - -
� - Page 27 - - _ _ . -__.-_ -
• ; � _ � . Page 35
FEB 2? !�i-
VILL�G�. G:� ���� 'O
� _ ��
�. �
".� _ �. ��.��
� TABLE 2 f �� .
CALCULATIONS OF REQUIRED MATERIAL
REMOVAL BY DREDGING OF SHORELINE � �
� AND REQUIRED AMOUNT OF BOULDERS . - �" �
. (RIP-RAP) FOR A PROPOSED 2-1/2: 1 SLOPE WALL
Owners & Earth Removed � � Rip-Rap i�eq. _ -
Lots In Cu/Yas Tot In Tons Tot :
Affected (3. 5 YdsfLin Ft) {7T/Lin Ft)
Ellzs �25 Ft. ) 87. 5 175 .
Crist (45 Ft. ) 157.5 - 31� -
DeGreg_ j11 Ft. ) 38. 5 - 77
- Total (81 Ft. ) 283_ 5 cu/yd _567 Tons
� c�`r Truck -
Loads*
(8 yds/load) 35 94
(6 tons/load) _
* Based on load restrictions of Relly Avenue during spring.
Conclusion: This is no small "grading" job. Approx.
130 truck loads in and out!
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REGULAR P�EETING OF ^1H� ORONO COUNCIL, FEBRUARY 23, 1978 Page 37
Mr. Alan Olson, Assistant Building & Zoninq NAVARRE DRIVE-IN THEATRF
Adrainistrator, informed the City Council that 1978 License
P�r. Braverman' s secretary called and said that all
representatives of the Plavarre Drive-In Theatre .
were out of town and re�uested that this matter
be postponed until the next Council meeting.
P�ayor Van tJest moved, Butler seconded, to tahle
the request of the Navarre Drive-In Theatre until
P4arch 16 , 1978. P�otion, Ayes (5) - tlays (0) .
PQr. Alan Olson, Assistant Building & Zoning 1978 MARINA LICENSES
Administrator, entered into the record the
following inforr:lation concerning 1978 marina
license applications, dated February 15 , 1978,
which states :
I. Cor�unercial t�arinas. As of this date, five of � _
the eight cor:unercial marinas have returned
their 1978 applications. �ae have no application
from Gayle' s nor from Minnetonka Boat P�orks.
An incomplete application from Paul' s Landing
was received and returned to him for additional
information on January 5, 1978.
I recor.unend tlnat these five applications be
referred to the Planning Corunission for review
by the marina comr•iittee with instructions for
a reasonable deadline for Planning Commission
recommendations. T suggest PRay 8 as a final date.
II. Joint Use Docks. Al1 three of the annual joint
use applications have been returned to the City
and are attached for your review.
� ti�ayzata Yacht Club: No permanent r.�ooring - 200'
dock plus five off-shore bouys and swiruning area
(note low insurance on lice 8) .
I�Iinnetonka Power Squadron: No permanent mooring.
20 day use slips along shore.
Foxhill Association: 13 permanent moorings.
(11 slips, 1 lift, 1 bouy) , 96 ' dock; previous
year' s license acknowledged only the 11 slips
(in the same dock layout) even though the lift
and bouy were actually there.
You may caish to consider approval of the joint use
docks now, or you may wish the marina cor�unittee to
review these also.
(Continued)
REGULAR i�iEETING OF TIiE ORONO COUNCIL, FEBRUARY 23, 1978 Page 38
Butler moved, r2ayor Van Nest seconded, to approve i�iARIP1A LICENSES
APril 1 as final date rather than P4ay 8 for the (Continued)
deadline for Planning Commission recormmendations
for marinas. Pdotion, Ayes (5) - Nays (0) . .
P�ayor Van Nest moved, Butler seconded, to approve [aAYZATA YACHT CLUB
the 1978 joint use license for the �Vayzata Yacht 1978 License
Club. t�iotion, Ayes (5) - Nays (0) .
r�ayor Van Nest moved, Butler seconded, to approve MINNETONKA POWER
the 1978 joint use license for the Minnetonka SnUADRON
Power Squadron. Piotion, Ayes (5) - T1ays (0) .
Mayor Van Nest moved, Butler seconded, to refer the FOXHILL ASSOCIATION
Foxhill Association joint use dock application
to the marina comr.�ittee to be acted on by April l,
1973. Motion, Ayes (5) - Nays (0) .
Butler moved, Mayor Van Nest seconded, that all ' . DOCK P40RATORIUM
1978 marina license approvals are subject to review
of the dock moratorium. Motion, Ayes (5) - Nays (0) .
i
REGULAR 21EETING OF TH� OROP�O COUNCIL, FEBRUARI' 23 , 1978 Paqe 39
I•4r. Alan Olson, Assistant Building & �oning ON-SITE SEPTIC SYSTEM
Administrator, entered into the record the
�following infonnation concerning On-Site
Sewage Treatrnent Code, dated Februar�� 15, 1978 ,
which reads:
T11e final draft of this ordinance has been cor.lpleted
and will hopefully be ready to accompany this meno.
In anj� event, it should be available for adoption
at the February 23, 1978 rleeting.
The attached resolution will , if approved, adopt the
Fehruary 15, 1978 draft of the Design P�lantial as
the ofiicial standards and practices to be enforced
bv this ordinance. This is the current edition of
the "blue book" including the chanc�es sent to you
about a rlonth ago.
The ordinance does not address a specific annual �
charge, but does reference the standard fee schedule.
IIy adopting this ordinance, you will not comriit to
any specific fee. This should be open for consideration
and review. �
Council P�eeting - February 23, 1978
r4r. Bruce 24alkerson, City Attorney, con�unented that
the proposed ordinance should be ready for Council
approval at the P�arch 16, 1978 Council r►eeting.
P4ayor Van Nest noved, PZassengale seconded, to table
the proposed On-Site Septic System ordinance until
the meeting of Psarch 16 , 1978. i.4otion, Ayes (5) -
P1ays (0) .
Mr. Alan Olson, Assistant Building & Zoning �LOOD PLAIPI
Adrninistrator, entered into the record the follow-
ing letter to P�r. Piahedi Jiwani, I�ennepin Soils &
Water Conservation District, dated February 21, 1978 ,
which states:
This letter is to confirm our conversation this morning
regarding flood plain determinations for the City of
Orono. Attached is the most recent "Prelirlinary
Review Draft" from Barr Engineering.
My desire is to have you briefly review the information
and make any pertinent coruTtents frori your experience.
I look forward to meeting ��ith you at 9 : 30 A. r�I. ,
Tuesday, February 28, 1978 at your office.
. End of letter
(Continued)
RrGULAR i�IEETING OF TIIE ORONO COUNCIL, FPBRUARY 23, 1978 Page 40
Council PZeeting - I�'ebruary 23, 1978 FLOOD PLAIN
(Continued)
The City Council noted for the record that they
- concur with this reviec� and requested P4r. Olson
to review the current 90-day appeal period.
Butler moved, r4assengale seconded, to adopt RESOLUTION #877
Resolution #877, A Resolution Reaffirming Plat Levering' s �aoodhaven
Approval Of Levering' s �7oodhaven, noting that
all conditions have been met. t4otion, Ayes (5) -
Nays (0) .
nutler moved, Pesek seconded, that the attached CHF.ONOLOGICAL REPORT
Chronological Report on Orono' s Comprehensive Land Land Use Planning
Use Planning be approved, i4otion, Ayes (S) -
Nays (0) .
Pages 41-49
Butler r,ioved, Pesek seconded, that the attached BOB A�AZANEC LETTER
letter to Bob P�azanec, P4etropolitan Council, dated
February 6 , 1978 , subject: Orono Systems Statement,
be approved. 1�4otion, Ayes (5) - P1ays (0) .
Letter Pages 50 & 51
Butler moved, Pesek seconded, that the attached JOHN BOLAND LETTER
letter to John Boland, P�etropolitan Council,
dated February 6, 1978, subject: Orono-Long Lake
Interceptor, be approved, rsotion, Ayes (5) - P1ays (0) .
Letter Page 52
Butler rtoved, Pesek seconded, that the attached BERNARD HARRINGTON
letter to Bernard Harrington, t4etropolitan �•�aste LETTER
Control Commission, dated February 6 , 1978, subject:
Orono-Long Lake IntercPntor, be approved. P�iotion,
Ayes (5) - Nays (0) .
Lettf;r Pages 53 & 54
Butler moved, Pesek seconded, that the attached KARL BURANDT LETTER
letter to I:arl Burandt, P�letropolitan Council,
dated February 6, 1978, subject: Orono-Long Lake
Interceptor Review, be approved. riotion, Ayes (5) -
Nays (0) .
Letter Pages 55 & 56
Butler moved, Pesek seconded, that the attached ROBERT L. SEARI,ES
Jletter to Representative Robert Searles dated LETTER
February 6 , 1978, subject: Orono-Long Lake Inter-
ceptor, be approved. Motion, Ayes (5) - Nays (0) .
Letter Pages 57 & �8
R�GULIIR I1]:ETIPIG OF TIiE ORONO COUNCIL, I'�IlRUARY 23, 1978 Page 41
COP�7PREI�ENSIVE LAND
USE PLANNING
' At the r�quest of the City Council, I have assernbled all of the
inforr�ation tha.t I have in my possession conre rning the history
of Orono' s Comprehensive Planning as it relates to the following
issues:
l. Design of the Orono-Long Lake interceptor
2. The Orono Comprehensive Sewer Plan -
3. The Metropolitan Council ' s Systems Statement
After getting all this inforr*�ation together, I find that the size
of this docur.�entation is over a foot and a half in height, and in
order to facilitate your review, I will attempt to highlight the
important issues in this memo.
1968: - During the spring of 1968, the Minnesota Pollution Control
issued a mandate that the sewage effluent from the seven waste
�
water treatsnent plants within the LaY.e iiinnetorika watershed district
shall be removed totally from the watershed. A study was instituted i
cooperation with the I.ake Minnetonka Conservation District entitled
. The Harza Report.
1971: The 2-Setropolitan taaste Control Commission designed the Orono-
Long Lake interceptor which was a large gravity system that not only
rerioved the effluent from the Orono and I,ong Lake sewage plants, but
provided a r,iajor collection system within the City of Orono to
facilitate its clevelopment to a projected population of in excess
of 35, 000- people. Because federal funding was not available for this
(Continued)
Page 42
� Page 2
proj�ct, it was not �constructed at that time. .
1974 : The City cor�pleted its Cornprehensive Land Use Plan using
_ input from the citizens of Orono and technical infornation from
the Harza Study and other engineeripg studies co�nleted in the early
1970' s. The results of this Comnrehensive Lan d Use Plan showed a
drastically reduced population level and a reduction in the need for
sanitary sewer extensions throughout rural .Orono. The City at that
time located its urban and rural use areas that would guide the
aevelopr�ent of the City of Orono for the next 25 years period.
This Comprehensive Zand Use Plan was adopted by the City Council and
the I�letropolitan Council during the fall of 1974. The implementing
� zoning ordinances were drafted and adopted putting this Comprehensive
. Plan into force by January l, 1975. �
PJovenber 1975: During the fall of 1975, federal funding became available
to complete the Orono-Long Lake interceptor but the rsetropolitan
• Waste Control Commission was instructed by the PCA that it must
distribute the environmental impact assessment as well as hold a
public hearing prior to the final approval of the Orono-Long Lake
interceptor as designed_ The City held many meetings during the fall
of 1975 with the Waste Control Comr.�ission in an attempt to inform them
that there had been many changes in the planning requirements for the
City of Orono since the original design of t?-ie Orono-Long Lake
interceptor and that the interceptor, as presently c3esigned, was not
consistent with the City Comprehensive Planning_ The City did object
to the design of the Orono-Long Lake interceptor at the public hearing
" held in Ploveriber and the tti'aste Control Commission agreed to re-evaluat
Page 43
- Page 3 -
its design, anend the environsr��ntal assessment, and to offer several
new alternates to the existing engineering report from 1971.
June 1976: The addendum to the engineering report for the Orono-Lon
Lake interceptor was published sho,wing four new alternate designs foz
. the interceptor as well as three of the old designs from the 1971
report. Alternate A �aas supported by the City in that the routing
was more conducive to serving the area of .the City which was to be
in the urban service area and four small areas along the route of
the interceptor where prior developr-�ent had created the n�ed for
sewer connection. The City objected to the flows projected
by the addendum to the engineering report as well as the sewer servic
area it- `proposed to serve.
August 1976: The 2setropolitan Council approved a staff report dated
_ July 27, 1976, which approved the ac3dendum to the engineering report
subject to the removal of ?7aple Plain, Inc3epenc3ence Beach, Baker
� Park, and �the area of the proposed Vo-Tech School from the designateci
sewer service area.
October 1976: The City of Orono adonted :- a Comprehensive Sewer
Plan which was consitent with its Comprehensive Land IIse Plan as
adopted in the fall of 1974. This plan clearly delineated the f lows
required from the City of Orono through the year 2000 and also showed
the area of the City that was to be contained within the service
area of the Orono-Long Lake interceptor.
November 10, 1976: The 14etropolitan t�aste Control Commission conducted a
public hearing on the adclendum to the engineering report f�r the
Orono-Long Lake interceptor _
Page 44
Paae 4
The City found that alternate A in the addendum to the� engineering
report best exe�plified the position of the City in being consistent
with its Comprehensive Sewer Plan and its Comprehensive Land Use Plan.
The City did point out that the flows and the designated service area
of �he Grono-Long Lake -interceptor as shown in the adeendum to the
engineering report, were not consistent with the Comprehensive Land
Use Plan and the Comprehensive Se�aer Plan of the City. It pointed out
that the aesignated sewer service area was " not consistent with the .
action taken by the Metropolitan Council in August of 1976 removing
Aiaple Plain and certain areas within the City of 2✓edina.
November 26, 1976: The City received its preliminary Systems Statement
as required under the mandatory Land Planning Act. The City' s
primary concern was the location of the M.U.S.A. line which was not
shown to be consistent with the Cit�'s Comprehensive Land Use Plan.
Fro� November 26 through March 11, the City held �any meetings with
_ the Waste Control Commission staff_ and the iSetropolitan Council staff
' reviewing and proposing changes in the design of the Orono-Long I,ake
interceptor, the City's Comprehensive Sewer Plan and the Metropolitan
Council' s System Statement.
March 11, 1977: On this date, a meeting was held with the PCA, NiWCC,
Metropolitan Council, and the Ci.ty staff. This meeting was a
culmination of the negotiations that we had had since November of 1976
and final agreement was reached on the following items:
l. The flows for the Orono-Long Lake interceptor would �be reauced
to be consistent with the Orono Cor.�prehensive Sewer Plan.
2. Designated sewer service area of the Orono-Long Lake interceptor
would be reduced so that it would be consistent with the Orono
- Comprehensive Sewer Plan and the direction of the Metropolitan
Council' s action of August of 1976_
. Page S Page 45
.
3. The iietropolitan Council' s staff would recommend changes to the
development framework ��oving the Pi.U. S .A. line so that it would
be consistent with Orono' s ConPrehc-nsive Land Use Plan.
It was further agreed by all present that the iietropolitan �4aste
Control Comrnission would draft a new addendum to the engineering
report for the Orono-Long Lake int�rcePi=or reflecting the reduction
in flows and the aesignated sewer service area for final approval
- before the construction of the interceptor itself. The Metropolitan
Council staff agreed that it would further amend its review of the
Orono Cor,�prehensive Sewer Plan and the Systems Statement reflecting
the change and the aesignated se�ver service area of the interceptor
as well as the change in the Pi.U.S .A. line itself.
April, 1977: The City revised and resubmitted its October 1976 Comprehensive
Sewer Plan in April, 1977. Changes were based on requests of the
1�It�CC and Metro Council staff r,�ade during the review process, and as a
result of our final agreement reached at the March 11, 1977 meeting. One
important change in the redraft, made at the request of the MWCC and
� 1'letro Council staff, was to modify the scope of our plan, from a
projection to the year 2000, to a projection to only 1990. All references
beyond 1990 were removed with the understanding that the interceptor
design was to only accommodate se�aer flows from the sewer service areas
as defined on the sewer service area P4aps #2 & tt8 contained in the Orono
Comprehensive Sewer Plan.
� . Page 46
' Page 6
5ay 11, 1977: The City re ceived a revised Systems Statement from the
Metropolitan Council staff. The City agreed with the proposed
Systems Statement with the exception that sewer service area 7 & 8
as delineated in the City' s Comprehensive Sewer Plan to be contained
- in the rural service area rather than the urban service area. The
City's position was that with this change for areas 7 & 8 that the �
proposed Systems Statement would then be consistent with the agreement
reached on 1Sarch 11, 1977. The City, again, had several meetings
with the sta�f of the Metropolitan Waste Control Commission and the
?4etropolitan Council discussing the exact positioning of the M.U.S.A.
� line.
June 15, 1977: The City received a copy of the rletropolitan Council's
staff review dated June 13, 1977, of the City' s Comprehensive Sewer
Plan. The review .recommenc3ed moving the Pd.U.S.A. line as well as
the designated sewer service area of the Orono-Long Lake interceptor
to be consistent with the City's comprehensive planning. The City
felt that this review was i�_ complete agreement with our meeting of
March 11 as well as being consistent with the City' s Comprehensive
Sewer Plan and its Comprehensive Land Use Plan.
June 16, 1977: The Metropolitan Waste Control Commission drafted a memo
to the 24etropolitan Council objecting to changing the aesignated
sewer service area of the Orono-Long Lake interceptor from w�at was
originally aesignated as early as 1971. Even though the population
projections for Orono had been reduced from in excess of 35, 000 to
approxinately 11, 000 and the interceptor had been redesigned to
serve a much snaller area as weil as much smaller flows, tl�e Waste
I . Page 47
. Page 7
Control Commission felt that the designated sewer service area should
contain vast areas of Orono to which the interceptor would not be
sized to serve_ It see�ed that the primary concern here was the
payment of reserve capacity that was built into the r5etro system
based on earlier projections of 35, 000 people �rom the City of Orono.
June 23, 1977: The City received a drastically revised Systems Statemeni
adopted without the knowledge of the City that removed the recom-
mendation to change the designated sewer service area of the intercepi
as well as any changes to. the M.U.S.A, line within Orono. This
Systems Statement is totally unexceptable to the City and it negates
• all the negotiations that the City has held with the Metropolian
Council staff since 1974.
June 24, 1977: A letter sent from the Metropolitan Council informing
us that the physicial development cor.unittee has delayed action on our
Comprehensive Sewer Plan review and rescheduling an appearance for
_ some later date. This later date was further cancelled and we heard
nothing from ?3etropolitan Council until Septer.►ber of 1977.
Septenber 8, 1977: The City received Addendum 2 to the Engineering Report
for the Orono-Long Lake interceptor. The addendum contained addition�
flows and a designated sewer service area the same as the original
area established in 1971_ This addendum even included flows and
designated sewer service area that was removed by the Metropolitan
Council itself in action in August of 1976. This addendum was not
in accordance with the agreer,ient reached on March 11, 1977.
� . Page 48
< Page 8
Septerriber 9, 1977: The City received a letter from the Metropolitan Counc
staff informing them that a ncw staff inember had been assigned to thE
City and that he was inclosing a copy of the redrafted staff review
�
of the City' s Comorehensive Sewer Plan for our revi�w. This staff
recommendation completely changed the intent of the prior recom-
mendation removing any reference to changing. the M.U.S.A. line or
modifying the designated service area of the Orono-Long Lake intercep
from the original designation from 1971. , �
October 20, 1977: The City in a letter to the Metropolitan Waste Control
Co�anission strongly objects to the information contained in the
Addendum 2 to the engineering report for the interceptor pointing
out that this was not consistent with the Orono Comprehensive Land
Use Plan, the Orono Comprehensive Sewer Plan, or actions�by the
rietropolitan Council in August of 1976 and finally our agreement
reached on March 11, 1977. -
December 7, 1977: Receive� Addendum 3 to the engineering report for the
Orono-Long Lake interceptor which reauced the flows �for the intercepto
to be consistent with the City' s Comprehensive Sewer Plan and the
action taken in August 1976 by the Metropolitan Council. The City
found that while the flows were consistent with the City's aesire
that the designated sewer service area had not been changed and '
was still the same as the aesignated sewer service area in 1971
based on population projections of in excess of 35, 000 peo�le.
' Page 49
Page 9
January 4 , 1978: After the City objected again to Aaa�na,� 3, the City
�
received a letter from the N,etropolitan t�'aste Control Co7anission
refusing to change the designated sewer service area �ven though
some of the areas ha-3c officially been removed by the TSetropolitan
Council in August of 1976.
Janua�cy 10, 1978 : The City again restated its position in objecting to
the designated sewer service area of the Orono-Long Lake interceptor
_ as proposed in Addenduin 3 to the engineering report.
r
� - T'elepb�nc 473735
� . ' Page 50
, , '`,,�:
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v .�- �._s
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- �, On the North Shore of Lake h7innetonka
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February 6, 1978
. Mr. Bob Mazanec . ' . - - -
Pietropolitan Council .
300 Metro Square Building
7th & Robert Streets �
St_ . Paul, 2�iinnesota 55101
Subject: Orono Systems Statenent
. Dear Bob_ " - �
As a result of our meeting of last Thursaay morning at the Metro-
. politan jaaste Control Comrnission, I arn enclosing a copy of the
revised drawing showing the ?iUSA line within the City of Orono_ �
-If you have any objections to this location for the MUSA line in
Orono, please let me know at your earliest convenience so that
_ �we will have your input prior to the final review of the Orono-
. I�ong I�ake interceptor by the Physicai Development Committee_ -
In late Decesnber, we received from John Boland a copy of a.n
amended Systems Staterient showing new sewer flows and trips per
. day being generated by the City to the year 1990. We would like
to have sorse supporting documentation showing how these figures
were arrived at_
The City feels strongly that an amendment should be made to our
Systems Statement showing some commitment by the I�ietropolitan
Council that the 2'�iJSA line could be located as shown on the attached
drawing. Possibly, at the completion of the final approval of -t�e
Orono-Long Lake interceptor and the approval of the Orono Comprehensi✓
Sewer Plan, this anendment to the Systems Statement could be made
allowing the City to proceed forward in restating its Comprehensive
' Land IIse Plan in accorc3ance with the requirements of the Nlanc3atory
Land Planning Act. �
� Page 51
1lr. B�b I��azanec -
Februar-y 6, 1978 . - •
Page 2
I wish to express our appreciation for � the help you have given
us and hope that these r.iatters can be resovled to our mutual
satisfaction at an early date. . .
rs trul ,
�
Brad Van Nest -
Orono t:ayor
Enclosure , _ . _
cc: Representative Robert L. Searles
John Boland, r4etropolitan Council . - _
Jim Daley, 23etropolitan Council "
Otto Bonestroo, City Engineer
Jim Olson, City Engineer
� Te)cphonr 473735'
Page 52
_ � f � _ - � • T
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'",, �� �r:"�;` Post Office Box Gf>•Crysta] Bay, MinnesoLa 55323•Municipal OKcce
_ '.,f�- ��ir�; .
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February 6, 1978
1�ir. John Boland
' lietropolitan Council
300 P�etro Square Building -
7th & Robert Streets
St. Paul, P4innesota SS101
Subject: Orono-Long Lake Interceptor
. Dear John:
It has cor.�e to our attention that the Physical Development Co�unittee
and the Metropolitan Council will soon review the final plans and
specifications for the Orono-Long Lake interceptor_ The City wishes
to reserve time on those agenaas for its comments pertaining to -
this matter. -
The firial approval of the Orono-Long Lake interceptor must be
- considered -in conjunction with the location of t1�e *�lUSA line within
- Orono, the Orono Systems Statement and tlze approval of the Orono
Comprehensive Sewer Plan_ These issues so inter-relate th at we must
reach a mutually agreeable understanding that will allow the City to
proceed forward on restating its Coriprehensive Land IIse Plan in
accordance with the Pietropolitan I.and Planning Act. �
It has been a pleasure to work with Bob Mazanec and �arl Burandt of
your staff and I am certain that these issues can be resolved in the
very near future.
Thank you for your cooperation in this matter_
Yo �s truly, �'
�/�'�i%/ � �
Brad Van 21est
Orono Mayor
cc: Representative Robert L. Searles
Jim Daley, 2�Ietropolitan Council
�arl Burandt, I�fetropolitan Council Sta f
Bob Idazanec, Metropolitan Council S ta�f
� Te1cp?�one �737i
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' . Page 53
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February 6, 1978
Mr. Bernard Aarrington ' .
2'Jetropolitan taaste Control Coru�ission -
350 Metro Square Building ' -
• 7th & Robert Streets -
St. Paul, iiinnesota SS101
Subject- Orono-Long Lake Interceptor
Dear Bernie:
As a result of our meeting of last Thursday morning, I am enclosing
- a revised drawing showing the City's position of the MUSA line
within Orono_ It was my unaerstanding "from our meeting that the
- Waste Control Co�unission would not object to this MDSA line iIl
conjunction with the proposed Orono-Long Lake interceptor as
presently des�gned_ If this is not correct, we would like to = _
know of any of your objections 'at the earliest possible date_ - -
- During the course of .the meeting, it becar�e apparent to us that,
in fact, the Orono-Long Lake interceptor nipe itself is designed- •
for some additional hydraulic capicity beyond that which the
present punp stations are designed for. The City would like to
- know what that capicity is and what area within the City of Orono
it is intended to serve. �
`i'he City would request that it receive the above inf_ormation togethe�
with any objections you might have to our proposed location of
the MUSA line before the Physical Development Comrsittee reviews
the final plans for the Orono-Long Lake interce�tor to allow us
_ an opportunity to express our position and any concerns we rsight
have.
` . Page 54
JSr. Bernard Iiarrington
February 6, 1978 " '
Page 2
I was glad to learn that you feel funding will be available for •
the interceptor and that construction could commence during this
construction year. - '
Thank you again for your cooperation in this matter.
Y rs truly, _
1s�1
Brad Van Nest
Orono Pdayor ' -
Enclosure �
cc: Representative Robert L. Searles
Mr. Doug �iall, Pollution Control Agency
John Boland, P7etropolitan Council
Bob Mazanec, Metropolitan Council
Jim Daley, tietropolitan Council
Otto Bonestroo, City Engineer -
Jim Olson, City Engineer
Karl Burandt; Metropolitan Council _
� Trlrp}�ont 1�3'
:1 . Page 55
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' -•,�,�•� _ .
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February 6, 1978 �
2-ir. Karl Burandt
- I•ietropolitan Council - _ � � �
300 Metro Square Buildinq . - .
- 7th & Robert Streets -
St. Paul, I4innesota � 55101 �
Subject: Orono-Long Lake Znterceptor Review
Dear Mr. Burandt:
As a result of our meeting of last Thursaay morning at the Metro-
politan TWaste Control Commission, I am enclosing a revised drawing
showing the 2�10SA line within Orono. This drawing will become part
of our Comprehensive Sewer Plan which is presently before the Waste
Control Cormission and the Metropolitan Council for review and
� _ approval at this �ime_ _
- If you have any� objec�ions to this location for the MUSA line within
- Orono in relationship to the Orono-Long I�ake interceptor, please
let us know in writing at your earliest convenience. If you have
any objections to this PSIJSA line within Orono, we would like to-
have them prior to the review by the Physical Development Committee
of the final plans and specifications of the Orono-Long I.ake
interceptor_ We further request that the Physical Developr�ent
Committee' s review be delayed until such tine as the City receives
from the 2+Ietropolitan Waste Control Com�ission an answer to the
' attached letter requesting their comments to the MUSA line within
Orono and infonnation pertaining to the total hydraulic capicity
of the Orono-I.ong Lake interceptor_
The City definitely wishes to participate in the review of the Orono-
Long Lake interceptor before the Physical Development Committee
and the Metroplitan Council. Please reserve on both agendas an
_ opportunity for the City to speak on this subject.
� , .
, Page 56
1ir. Farl IIuranc3t
February 6, 1978 •.
Page 2 "
I hope that the final review and adoPtion of the Orono �ComPrehensive
Sewer Plan can be accomplished in the near future. If I can be of
any assistance in this matter, please feel free to contact me at
your earliest convenience.
' �Carl, I want to thank you for your willingness to cooperate with _ - _
the City and I hope that by working together we can arrive at a �
rnutually agreeable position on the Orono-Long Lake interceptor,
as well as the location of the 27USA line within Orono.
Y rs truly, �
' � - -
Brad Van Nest -
Orono Mayor _ �
Enclosures -
cc: Representative Robert L_ Searles
John Boland, Zietropolitan Council -
Jim Daley, Metropolitan Council
- Bob ?4azanec, I�3etropolitan Council
Otto Bonestroo, City Engineer "
Jim Olson, City Engineer .
' M '
�, 'Tclrpl�onc <�3735 .
Page 57
- � �� � - � ��'�`�' �� �I� �Y
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� _'� ► ��:�;�"- Post Off,c� Box G6•Crystal Bay,1�'Jinnc�ota 55323•1�7unicipal O�ca
; • :� --..
-;.� '�,�.��1��; _ .
=�' � ::�� OR ihe 1Vorth Shore of Lake 1►Sinnetonka
" ;�� " .
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February 6, 1978
Represenfative Robert L. Searles
575 North Ferndale Road
Tr'ayzata, 1�innesota 55391 •
Subject: Orono-Long Lake Znterceptor -
Dear Bob_
I attended a r_ieeting �'hursday r.�orning at the i�ietropolitan Z•7aste
Control Comr.iission t�ith Bernie I�arrington to discuss our concerns
about the Orono-Long La}:e interceptor as it relates to t�e MUSA
line and the City's Cor�prehensive Land IIse Planning_ Rarl Burandt,
- of the I4etropolitan Council staff, was also present and informed
us that he ti�as drafting a staff review of the Orono-Long Lake
interceptor to be presented to �he- Physical Development Com�ittee
in the near future. '
Dur�ng the course of the r�eetir�g, it became clear that the interceptor
pipe itself had sone aaditional- hydraulic capicity th at would allow
�or future expansion of �.he sewei service area within fi�e �ity of
' Orono. The pump stations that are presently designed for the
interceptor- will only handle the flows projected by the City fron
that part of our City whiclz is presently sewered and whieh we intend
to include in the urbran service area, bu� the pipe itself could
- handle additional �lows if larger punps were installed at a later
clate. As you know, on June 13 of 1977, Sandy Dean of the Metropolitan
� Council staff recomroended to th� Physical Development Comrnittee that
the MUSA line within Orono be moved in accoraance wit� our Comprehensiv
Planning but that recorunenaation has been withdrawn because of the
objections of Pir_ Dougherty of the j�7aste Control Commission in that
t1�e MUSA line must be consistent with- the NSetropolitan se�aer service
area.
The City's position has always been that the Orono-Long I.ake intercepto
was brought in to Orono �or purposes of removing the effluent from
= - the Orono and Long Lake sewer plants and not to provide a catal�st
forcing urbanization of -rural Orono to a level beyond which I�ake
liinnetonka could tolerate fron the standpoint of higher phosphorus
content of the storm water runoff.
Page 58
Representative Robert L. Searles
February 6, 1978
Page 2 ,
�efore the City can. endorse the Orono-Long Lake interceptor as
�resently aesigned, the following �uestion• must be answered by
the ?9e�tropolitan Council and ?TetroPolitan ��aste Control Commission
• ' in a method that the City can rely on:
Can Orono, in restating its Cor�prehensive Land Use Plan,
locate the 1�IUSl1 line in such a way that the unsetaered portion
of the City will be in the rural service area, even though _
the proposed Orono-Long Lake interceptor pipe itself, may
have additional hydraulic capicity beyond t�e pur*�ping stations
presently c3esigned to serve only that portion of Orono which
will lie within the urba�n service area and which is presently
-sewered? - " : - "
As you knoc,�, Bob, the City submitted its Comprehensive Sewer Plan
in October of 1976 and _ negotiated ���ith the I�3e�ropolitan Council '
until finallv reaching an agreement in 2iarch of 1977, which resulted
in an acceptable Systems Statement and staff recommenc3ation of the
Comprehensive Sewer Plan in June of 1977_ Since that time, the
City has received no assurances from the Metropolitan Council staff
t�,at we will be able to locate the ii�SA line in accardance with our
Comprehensive Plan ac3opted in 1974. It seems to us that before
we c�o to any expense of restating our Cor�Prehensive Plan in accoraanc
with the ISandatozy I�and Planning Act,that our Co�p�ehensive Sewer
- Plan should be approved and a :neaningful answer to the question
stated above should be given by the ?Setropolitan Council= Z,7e feel
strongly that the ground rules should be agreec3 c�n hefore the Orono-
. Long I.ake interceptor is �onstructed so that we don't find out
that the game is. over once the interceptor is constructed and that
. ' the fact t1-iat the interceptot_is in the ground dictates that all
of rural Orono must be in the urban service area of the 2ietropolitan
area_ � _ -
I arn enclosing a copy of a revisec drawing showing the City's
location of the TSUSA line as a res�lt of our meeting �f last Thursaay
with Bernie Aarrington and �arl Burandt_
ihank you for your cooperation in this rmatter.
Y s truly ( .
�
Brad Van 27est
Orono I.ayor -
Enclosure
cc: Otto I3onestroo, City Engineet _
Jim Olson, City Engineer
Jim Daley, rletropolitan Council
REGULAR I•�ETING Or "'HE ORONO COU:JCIL, FEBRUARY 23, 1978 Page 59
Butler moved, Pesek seconded, that the attached JOHN BOLAND LETT�R
letter to John Boland, r4etropolitan Council , dated
February 16 , 197£3 , he approved. i4otion, Ayes (5) -
Nays (0) .
Letter Pages 60 & 61
Butler moved, Pesek seconded, that the attached BERPJARD IiARRINGTON
letter to Bernard Harrington, Metropolitan Waste LETTER
Control Commission, dated February 17, 1973 , be
approved. P-�otion, Ayes (5) - Nays (0) .
Letter Pages 62 & 63
Butler moved, PeseY. seconded, that the attached BOB MAZANEC LETTER
letter to Bob Plazanec, Metropolitan Council, dated
February 17, 1978, be approved. Motion, Ayes (5) -
Nays (0) .
Letter Pages 64 & 65
Butler moved, P�sassenga�e seconded, to adopt RESOLUTION #878
Resolution r878 , A resolution to amend I�7ap #l, Sewer Area N►_ap
Urban-Rural Service Area, of the Comprehensive
Sewer Plan. 2�otion, Ayes (5) - Nays (0) .
' . � Telephone 473-?357
� Page 60
,
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February 16, 1978 �
Mr. John Boland .
Metropolitan Council
300 2�tetro Square Building -
7th & Robert Streets . .
St. Paul, Minnesota 55101 - "
Subject: Orono-Long Lake Interceptor •
Dear John:
The purpose of this Ietter is to review several issues with you
that need to be resolved prior to the final _approval of the Orono-
Long Lake interceptor..
1. Orono Comprehensive Sewer Plan. Orono submitted its
_ Conprehensive Sewer Plan dated October 1976, and after
nine,months of negotiations with the Metropolitan Council
staff, agreement was _fi.naTly reached �-�nd our redrafted
Cor:lprehensive Sewer Plan dated Apri1 �!977, was submitted.
Copies of this Phase I of our Cnmprehensive Sewer Plan -
were presented to the rietropolitan-�aste Control Co�nissiDn,
, ?�ietropolitan Council, and the Pollution Control Agency.
We have had several meetings concerning the redrafted Plan,
� but as yet, there has been .no approval or final determinatio�s
on its acceptance. The City feels that it is important that '
this Plan be approved prior to the final apprnval of the
Orono-Long Lake interceptor_ _
2. Location of the MUSA Line Within Orono. In order to restate
our Comprehensive Land Use Plan that was .approve� in 1974,
under the conditions set forth .in the I�Iandatory Land Planniny
Act, Orono must have some commitment as to the general accep� ;
ance by the Metropolitan Council of .its position of the
2dUSA Line within our City. On February 2 , 1978, we attended
a meeting at the A�G�CC to discuss the Orono-Long Lake inter-
ceptor. The City agreed to revise the location of the MUSA
Line within Orono to satisfy objections raised by the MWCC
staff, which was done and submitted on February 7, 1978.
i
Mr. John Boland Page 61
February 16, 1978 .
Page 2
As a result of that meeting, we have requested the Metro-
politan Council staff and the Metropolitan Waste Control
Commission staff to give, in wr3ting, any objections
that they would have to the location of this 2dUSA Line
�within Orono. To date, we have not received any reply
to these questions. -
3. Revised Systems Statement.. In December, you providec3 us
a copy with a revised Systems Statement showing a reduced
flow and traffic projection for the City; on January 10,
we requested�,in writing,an explanation of how these figures
were arrived at. To date, we have received no information
pertaining to this revised Systems Statement. I point out
that our 60 day appeal period is practi.cally up and it is
_ important that this information be provided to the City
at the earliest possible time_ .
4. Sewer Service Area of the Orono-Long Lake Interceptor. � At
our meeting of two weeYs ago with the t�aste Control Commissio:
we learned, much to our surprise, that the Orono-Long Lake
interceptor had additional capacities beyond the flows shown
• in Addendum 3 to the �ngineering Report. The Waste Control
Commission could not tell us what this additional capacity
was, .but that they would give us that information together
_ with the areas withi� Orono that it was intended to serve.
To date, we have not received this information and feel
. strongly that we must have this information before final
approval is given to the Orono-I,ong I.ake interceptor design_
We are enclosing copies of our letters requesting the information
referred to above which we have not received_ The City would like -
to have answers to these questions and a. copy of the Metzo�olitan
• Council's staff review of the Orono-Long Lake interceptor in
� sufficient time that we may review these documents prior to action
by the Physical Development Committee. . .
Thank you for your cooperation in this matter.
Y s truly, '
rad Van st �
Orona Mayor
Enclosures
cc: Representative Robert L. Searles
Jim Daley, Metropolitan Council
Karl Burandt, Metropolitan Council Staff
Jim Mazanec, rSetropolitan Council Staff
Bernard Harrington, rietropolitan Waste Control Staff
� � Telephone 4737357
:..� Page 62
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- - Post Office Box 66•Cryatal Bay, hiinnesota 55323•Munitipal Officea
.-
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-::;-
February 17, 1978
Mr. Bernard J. Harrington
r5etropolitan Waste Control Commission
350 Metro Square Building • " . _
7th & Robert Streets
St. Paul, 2'iinnesota 55101 �
„Subject: Connections to the Orono-Long Lake Interceptor -
Dear��Mr. Harrington: - -
We have been advised of a reported rumor that a land developer
owning property within the rural service area �f the City of Orono,
adjacent to the routing of the Orono-1,ong Lake interceptor, has
requested a private connection to the Orono-Long i�ake interceptor
for his proposed development within Orono. If this rurnor is true,
we would like to have a copy of his letter and some advise as to
what the position is going to be of the 2ietropolitan Waste Control
Commission in this matter..
it is�aur understanding that any corinections. by property owners
• within the City of Orono .to the Orono-Long Lake interceptor must
be by permit of the City of Orono. I would also like to have some
reaffirraation froia you as to whether or not our understanding _
pertaining to connections to the Orono I.ong Lake interceptor are
correct.
If this rumor is true and if, as we understand, that the developer
is threatening a lawsuit if a connection to the interceptor is
denied him, confirms the City' s major concern about excess capacitv
in the Orono-Long Zake interceptor that may tend to force the City
and the Waste Control Comr.►ission _to urbanize lands that are to
renain in the rural service area_ I'or this reason, the City feels
very strongly that the sewer service area and the f lows for the
Orono-Long Lake interceptor should be carefully delineated at this
time so as to preclude this problem in the future.
Page 63
1'Zr. Bernard Iiarrington
February 17, 1978 .
Page 2
. .
�1e would appreciate a prompt reply to this request as the City wishes
to keep abreast of these problems that could have a great and lasting
impact on our Comprehensive Land Use Plan for the City of Orono.
Thank you for your� cooperation in this matter.
Y s truly, �
i
. ;
�
I
IIrad Van P7est� �
Orono 2•iayor i
cc: Representative Robert L_ Searles
John Boland, Metropolitan Council �
Jim Daley, P�ietropolitan Council �
Bob Mazanec, 2�ietropnlitan Council Staff �
Karl Burandt, 2�ietropolitan Council Staff
Douglas Hall, Pollution Control Agency
Otto Bonestroo, City Engineer
Ji.m Olson, City Engineer
Bruce isalkerson, City Attorney
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Page 64
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' ���"- , ''� .
^=��L �� On the North Shore of Lake 1l7innetonka _
,f,. '�fi�.;'�' .
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f.. ,�-�;- �
February 17, 1978
Mr. Bob riazanec _ • .
Metropolitan Council '
300 Metro Square Building .
- 7th & Robert Streets �
St. Paul, Minnesota 55101
Subject: Comprehensive Plan
Dear Bob:
Confirming our telephone conversation of yesterday, I understand
that you are working on the inforriation requested as of our meeting
of February 2, 1978, at the 24etropolitan Waste Control Commission.
Representative Bob Seaxles, our former Mayor, asked me to draft for
hi.un a short statement that delineates the issue that must be resolved
by the 24etrop4litan Council to satisfy the concerns of -t�e City of
Orono at this time. I have attempted to do_ so -in a letter ,to him
' dated February 6, 1978, which_ I am attaching for� your infor�►ation.
It would seem to .me that the Metropolitan .Council is going to have
to answer this question before any of. us can malte final -aPP
roval
of the Orono-Long Lake interceptor� The Waste Control Cnmm; �sion
has informed us that there is additional capa�ity beyond.:our projections
and until we know what that .capacity is, how it was determined, the
areas within our City it is to .serve, and whether or not it will prevent
us from locating the MUSA Line within Orono in accordnace with our
Comprehensive Land .Use. Plan, we cannot approve the final design of
the Orono-Long Lake interceptor.
I hope these issues can be resolved at an early date so that there
will be no further delays to the construction of the intercept or
within Orono.
� . Page 65
1ir. Bob rsazanec
February 17, 1978 •
Page 2
Thank you for your cooperation in this r,latter.
� Yo truly,
�� �
Brad Van Nest
Orono Mayor �
cc: Representative Robert L. Searles
Mr. Jim Daley, ?ietropolitan Council
Otto Bonestroo, City Engineer �
Jim Olson, City Engineer - ' .
Bruce Malkerson, City Attorney
Enclosure
��GULAR P'i�ETING OI' THE ORONO COUNCIL, FEBRUARY 23, 1978 Page 66
�'�r. Jim Olson, City �ngineer, reported that he will RING ROUTE
ave data available for the proposed ring route at
`Ze I4arch 16, 1973 Council meeting.
Dick IIenson, City Administrator, presented the City GOLF COURSE RATE
Council with the following information regarding a IPdCREASE
rate increase at the Orono Golf Course, dated
February 16, 1978 , which states :
T}1e City of Orono has not increased the rates for
golf since 1976. After careful research, we have
deterrlined that we are much lower than cor.l�arable
golf courses in the area, plus the cash deficit did
not decrease for 1977.
The following is a breakdown of the 1977 rates and
the recommended rates for 1978.
You will notice that several of the special rates
have been eliminated. Those changes are recommended
because the many rates we have tend to cause confusion
and is not beneficial and generates unnecessary �
adrlinistrative time. '
� 1978 Recommended
. 1 st 9 holes: $2.50 $3.00
2nd 9 holes: 1 .50 2.00
2nd 9 holes: 2.00 on weekends Eliminate
Al1 Day Rate, Monday and Frid.ay,
Be�in pla,y before noon:
$4.00 - $6.00 _
� Ten round ticket:
Resident: $19.00 Eliminate
Non-Resident: 20.00 $25.00 - Resident and
- Non-Resident
Senior citizen (over 60 years)
Begin pla� before 2:00 .m. :
L�1eek Days $1 .50 $2.00
Weekends: 2.50 3.00
Season tickets for 197 :
�50.00 per person - Resident $75. 00 - All
75.00 per person - Non-Resident Eliminate
25.00 per person - Each additional family member $50. 00:
50 .00 per person - Non-Resident Senior Citizen Eliminate
25.00 per person - Resident Senior Citizen Eliminate
(Continued)
_,
�GULAR t�2EETING OF THE ORONO COUNCIL, I'EBRUARY 23, 1978 Page 67
GOLF COURSE RATE
INCREASE
(Continued)
• Golf Cart Rental:
1977 1978 Recommended
Motorized:
1 st 9 holes: $t�.00 $5.00
2nd 9 holes: 3.5� 5.00
Pull Carts: .50 per day .50 per round
Golf Clubs Rental:
" $1 .50 per round
With all increases, we will still be lower than other courses in
the area and we will review rates again next year.
Concessions:
$.65 per bottle Beer $.75 per bottle
.30 from machine Pop .30 from machine
.25 per cup Coffee .30 per cup
.35 each Rolls ,35 each
.20 each Domzts .20 each
.20 per bar Candy .25 per bar
Cigarettes .75 per pack �
If the price of any concession is increased to us, we will adjust `
our prices accordingly. _
Council Meeting - I'ebruary 23, 1978
Butler moved, Paurus seconded, to adoPt Resolution RESOLUTION #879
#879 , A Resolution AdoPting The 1978 Fee Schedule Golf Course Fees
For The Orono Golf Course. Motion, Ayes (5) -
Nays (0) .
�
Butler moved, Paurus seconded, to approve the LEASE AGREEP�IENT
Lease Agreement between the City of Orono and Golf Course Clubhouse
Ronald and PZary Jo Steffenhagen concerning the
Orono Golf Course Clubhouse. P�Iotion, Ayes (5) -
Nays (0) .
�GULAR M�ETING OF TH� ORONO COUr1CIL, FEBRUARY 23 , 1978 Page 68
But' •��r moved, Massengale seconded, to adopt RESOLUTION #880
:-,olution #880, A Resolution Disapproving The Speed Limit #151
ndings Of The Traffic Study On Plorth Arn Drive
�ounty Road 151) And Shoreline Drive (Countv .
Road 15) From Ferndale Road �aest To Orono
Orchard Road. P4otion, Ayes (5) - Nays (0) .
Dick Benson, City Administrator, iniorne� the SPEED LI�4ITS
City Council of traffic study results contained Other City Streets i
in a r.lemo fror•1 John Gerhardson, Public �Jorks
Coordinator, dated February 16, 1978, which states : �
In July of 1977, the Orono City Council requested
the P•Zinnesota Department of Transportation to
conduct a traffic study on designated streets in
the City. The reason for the study was because
we had received several complaints from citizens
about speeders, along with requests to lower the • .
speed limit. Al1 streets surveyed are now posted
40 i7PH.
Another reason for the traffic study is the
increased development in the areas which increases
the number of driveways , etc, and more children
near the roadway.
n February 7, 1978, I did receive the results
.ror► that study from the Minnesota Department of
Transportation and their recommendation for safe
speed limits on those streets.
I can only partially agree with their recom�►endations,
and that would be Fox Street to be posted "35 r2iles
Per Iiour. "
On• February 9, 1978, I contacted Mr. R. A. Kurpius,
Assistant Traffic Engineer, to find out what we had
to do to appeal their recor.u�endations as I felt the
Orono City Council would not accept their decision.
I am still �aaiting to hear from him as of this date.
Attached are copies of the authorization for speed
limits on the streets requested to be surveyed.
�'ac�es 69 & 70
Butler moved, Pesek seconded, to adopt Resolution R�SOLUTIOr1 #881
#881, A ReSolution Disapproving The Findings Of A Speed Lirlits
Traffic Study On Certain Streets In The City Of Orono Other City Streets
By The i�iinnesota Department Of Transportaion. P4otion,
Ayes (5) - Pdays (0) .
I
1
;
�
,
;
' t�'.HD 29213 Page 69
STATE OF t✓tNNESOTA
' DEPARTh"ENT OF HIGHWAYS Pagc._.1,__of 2 Pagcs
LOC� �. �� � � E �' 0 � �� t � �� ����Y
SP � � � �. l �a� IT AU � �f � � [ ��Yl� ��
Road Authority City of Drono Date Decem6er 30, 1977
Road NameorNo. Willow Drive, Watertown Road, Old Crystal Bay Road, _
� Fox Street and North Ferndale Road
Termini of Zone: From as described below
Date of
To Rcquest ,__ July 25, 1977
Kindly make the following chan�es in speed limits on the above-referenced section. Changes authorized
hcrcin arc in accordan.cc t��ith �sinncsota High�+�ay Traffic Rcgulation Act, M.S. (�a}�tcr i69.14 and
applicable subdi��sions thereof.
Willow Drive _ �
45 miles per hour 6etween the intersection with Fox Street and the
intersection with lilatertown Road.
40 miles per hour between the intersection with Watertown Road and
the south limits of Lang Lake (8 N Inc. railroad bridge).
45 miles per hour between the nor-th limits of Long Lake (Trunk
Highway 12) and the intersection with County 5tate Aid Nighway 6.
4D miles per hour be�ween the intersection with County State Aid
Highway 6 and -the north Orono city limits.
Watertown Road
40 miles per hour betmeen the intersection wi�h Willow Drive and the
in�ersec-tion with County State Aid Highway 6. . -
T Old Crystal Bay Road
45 miles per hour between the intersection with Fax Street and
the interse�tion with Trunk Highway 12.
40 miles per hour 6etween the intersection with Trunk Highway 12
and the intersection with County State Aid Highway 6.
(3)White-Road Authority E��:�ir/-�
(1)Pink-Central Office Traffic / �..�
(1)Blue-District 7Yaffic Engincer Traffic �gineei
for Road Authonty use o
Datc tnffic control dcviccs changcd implcmcnting this authorization
,19 Signed Title �
t�;HD 29213
` STA7E OF MINNESOTA Page 70
DEPARTF►"ENT OF HlGHWAYS Pagc Z of 2 Pagcs
� �. 0 ��# !. S � � � � �' 4 � � l� E� �"dA�(
5 � � � � 1_ I �o� l �' AtJY &� � �� I �A��" t0 �
Road Authority Citv of Orono Datc December 30�1977
Road 1Vame or No. Willom Drive. Watertown Road, Dld Crt/stal Ba�/ Road,
Fox Street and North Ferndale Road
Termini of Zone: From as des��ri6ed below
Datc of
To Rcquest July 25� 1977___
Kindly make the following chan�es in speed limits on the above-referenced section. Changes authorized
herein are in accordance t��ith i�'Iinncsota Highw�ay Traf£e Regi�ation Act,M_S. C}�aptcr i69.14 and
appLicable subdi��isions thereof. '
Fox Street
35 miles per hour between the intersection with Drono Orchard Road
and the intersection with Old Crystal Eay Road.
North Ferndale Road
40 miles per hour between the intersection with Trunk Highway 12
(sou�h Orono city limits) and the intersection with County State
Aid Highway 6.
(3)White-Road Authority `��JC/
c
(1)Pink-Central Office Traffic ' /./ �-��.�
(1) Blue-District'IYaffic Engir,eer Traffic E eer
for Road Authority use o y
Date traffic control dcviccs changcd implcmenting this authorization
,19 Signcd Titic
�GULAR P�lEETING OF TI�E OROP10 COUNCIL, FEBRUARY 23, 19,78 Page 71
D� c}�, Benson, City Adr:tinistrator, informed the City SALARY INCREASE
��ncil that Mark Anderson will have been on duty Mark Anderson
or one year as of rebruary 28, 1973. Iie has Police Department
�erformed in an excellent fashion and should be
-etained by the City of Orono and, therefore, is
eligible for the step increase at the one-year
mark. I request this action be taken. P4r. Anderson
should go to the rate of $1 , 209. 73 from $�;132, 51.
These are based on the 1977 contract.
Butler moved, P�assengale seconded, to increase the
salary of idark Anderson, Police Officer, to s]..,2�9. 73
per month, effective February 28 , 1978 , i7otion,
Ayes .(5) - Nays (0) .
Dick Benson, City Administrator, informed the City APPOIPITPIENT
Council that after interviewing several applicants Utility Foreman
for the Utility Foreman position, I recommend • Don Boll
appointing rir. Don Boll as Utility Foreman at a
starting rate of $16 ,800 per year, effective
March 6, 1978 .
P�Ir. Boll will be reviewed during his six-month
probationary period (three and six months) to
determine his progress in this position.
�aurus moved, Butler seconded, to appoint tsr. Don
.3011, Utility Foreman, at a starting rate of
$16 , 800 per year, effective March 6 , 1978, caith
a review in three and six months. P4otion, Ayes (5) -
Nays (0) .
Dick Benson, City Administrator,subnitted a revised LIFT STATION AGREEMENT
Lift Station P�aintenance Agreement for Council Minnetonka �each
approval before being submitted to 2�Iinnetonka Beach.
This Agreement updates a previous Agreement that is
currently in force.
t�iayor Van Nest moved, Pesek seconded, to approve the
Agreement and Contract for Lift Station Inspection
and Maintenance Services between the City of Orono
and i•iinnetonka Beach. Motion, Ayes (5) - Nays (0) .
Dick Benson, City Administrator, informed the City BUILDING INSPECTION
Council that P2innetonka Beach has signed-off on AGREEPa�NT
the Building Inspection Service Agreement as submitted.Minnetonka Beach
Massengale moved, Butler seconded, to reaffirm the
Agreement to Provide Building Inspection Services
for Minnetonka Beach. Motion, Ayes (5) - Nays (0) .
I
I
�'EGULAR P�iE�TING OF THE ORONO COUNCIL, FEBRUARY 23, 1978 Page 72
"7:::��engale moved, PZayor Van Nest seconded, to REVFNUE & EXPENDITURE
.ccept the 1977 fourth quarter Revenue & FxPenditure REPORT �
.eport. P�otion, Ayes (5) - Nays (0) .
Massengale moved, Pese}: seconded, to acce�t the SUPu4ARY OF RECEIPTS , etc
Sur�u�ary of Receipts, Disbursements and Balances December 1977
for December 1977. P4otion, Ayes (5) - Nays (0) .
Mayor Van P1est moved, P•iassengale seconded, to SUPu-1ARY OF RECEPITS, etc
accept the Sunrlary of Receipts, Disbursements 1977
and Balances for 1977 year-end report. TZotion,
Ayes (5) - Nays (0) .
Dick IIenson, City Administrator, presented the LIQUOR STORE REPORT
City Council with a report on Lic�uor Store
Operations for the fourth quarter of 1977, ' .
dated February 17, 1978, which states :
The attached liquor store operating statements
are a cornparison of the fourth quarters of 1977
an d 1976 and the twelve months ended December 31,
1977 and 1976.
Fourtli quarter sales of 1977 are 8. 30 over the same
oeriod of 1976. Fiowever, due to the increase in
sales discounts , the gross profit for the fourth
quarter of 1977 is up 6. 690; but as a percentage
of sales is actually down 0. 44�. The year to
date sales for 1977 are up 2. 13� over 1976; the
gross profit is up 1. 62% over 1976; but, again,
the gross profit percentage is down 0. 140. The
third quarter operating expenses of 1977 are up
27. 20 over 1976 and the year to date operating
expenses for 1977 are up 15. 3% over 1976. The
result of the foregoing is that the third quarter
1977 operating income is down 24. 7% from 1976 and
the year to date operating income for 1977 is down
22. 8� from 1976.
The largest increase in the year to date operating
expenses were for rent (up $3,150 or 38. 90) , _
insurance (up $3, 449 or 41. 40) , payroll taxes
(up $449 or 12. 70) , and salaries (up $1, 944 or
5. 30) . Also in the fourth quarter of 1977, there
was a write-off of 2J.S.F. checks in the amount of
$1, 174. This was the first write-off since 1969
and I anticipate that the balance in the N.S .F.
account will not be allowed to build up in this
manner in the future but will be dealt with r.lore
timely.
(Continued)
��GULAR PIEETING OF THE ORONO COUNCIL, FEBRUARY 23, 1978 Page 73
'?'he credit card sales for the year were $7, 292 and LIQUOR STORE REPORT
:7e cost of credit to the operation was $3II5. The (Continued)
redit sales amounted to 3. 460 of the gross sales
�f 1977 from July 1 (the approximate point of .
_nitial use) to Decer.lber 31 and the credit expense
as 0. 18% of gross �a�es.
Massengale moved, A4ayor Van Nest seconded, to
accept the 1977 Liquor Store Report, per the
above memo. Motion, Ayes (5) - Nays (0) .
Pesek noved, t�layor Van Nest seconded, to change COUPdCIL PZEETINGS
the startinc� tirle for the Gity _Council neetings from STARTING TIME
7:00 P.M. to 7: 30 P.Pd. Motion, Ayes (1) - Nays (4) .
Motion failed.
Dick Benson, City Adr,linistrator, discussed the • CITY OF INDEPENDENCE
request from the City of Independence requesting POLICE SERVICE RE�UEST
a stater.lent of interest in providing police service
for that City.
The letter from the City of Independence to Chief
I;ilbo, dated February l, 1978 states:
At our January organization meeting, the Independence
�ity Council appointed a Citizens ' Advisory Committee
on Police Services to:
l. assess community police service needs
2, investigate alternatives to satisfying those needs
3, quanti�y those alternatives in terr.is of costs,
long term cor,unitments, etc.
4, recomr_iend, if appropriate, an alternative to implement
The comriittee has met twice and has now asked me to
request from you and other local police denartments
a statement of interest in working with us, and--if the
interest is there--they further request a sar►ple contract
for protection services, including a description of
services pr_ovided, cost, and an implementation schedule.
At the sar,ie January rneeting, the Council appointed me
Chairman of Police Services, and, apart fror_1 the request
of the Citizens ' Advisory Commission, I would appreciate
a staternent of if and how our existin_q police could
be woven into your plan. To hel� you respond to that,
we have two full tine and one part time officers on
our force, plus a ninimum of ec�uipment.
The Council asked the Corumission to return with a
recomr�lendation by P4arch 14, Your expression of interest
and estimated costs in time to support that schedule is
appreciated. If you have any questions, please call me
at 378-4080; Earl Taylor, Clerk of Independence, at
479-2773; or Phil ��ar►ilton, Corunission Chairr.lan, at
479-1441.
Jerry iievissen, P4ayor of Independence (Continued)
>EGULAR P1�ETIPIG OF TIiE ORONO COUNCIL, FEBRUARY 23, 1978 Page 74
.
' =:�.�or Van 2Jest moved, Paurus seconded, to apnrove CITY OF INDEPENDENCE
i�e City Administrator' s recor,unendation not to sub- POLICE SERVICE REQUEST
it a statement of interest in providinc� Police (Continued)
�ervices for the City of Independence at this time , �
and to subnit a letter to them thanking them for their
interest in our City. P7otion, Ayes (5) - Nays (0) .
Mr. Alan Olson, Assistant Building & 7oning SUBDIVISION
I
Adrainistrator, entered into the record the follow- 605 Stubbs Bay Road
ing inforraation concerning a subdivision request #343
of William Bartig, 605 Stubbs Bay Road, dated i9illiar.i Bartig
December 14, 1977, which states : I
Attached is a copy of 2��r. Bartig' s application for
division of a 20. 1 acre tract into two parcels
(12. 8 acres and 7. 3 acres) . This property is
located in the RR-lA - five acre zoning district.
�xhibit 1 indicates location of the property on the
plat r.iap.
Exhibit 2 indicates the pro�osed division.
This division riight qualify under the platting
exceptions (Sect. 39 . 021) providing we do not
rec�uire an additional 33 ' right-of-way dedication
.long the west property line. Our current plat
map indicates a 33' dedication from the previous
subdivision of the Orchard Park properties to the
west of the Bartig property. Access to the parcel
should be addressed to prevent landlocking. Approach
from County Road #6 might add to the traffic congestion
at the intersection of fiighway #12 and County Road #6.
Exhibit 2 lacks the following data which is not
iridicated on the plat (Exhibit #�2) :
l. 33' right-of-way dedication
2. Drainage easements
3. Topographical r.1ap
4. Setback dimensions of existing house from lot lines.
If we determine this proposal to qualify under the � ,
exceptions, most of the above data would not be required.
�ae should, however, address the drainage of the access
to the westerly parcel, and the need for an additional
33' right-of-way.
A public hearing has been scheduled for 7 : 45 P.P4. on
January 16, 1978. -'
(Continued)
R�GULAR t�iEETI2JG OF Tli� ORONO COU2ICIL, FEBRUARY 23, 1978 Page 75
Copies of the proposal have been forwarded to the SUBDIVISION
following with the requests for review and comments: 605 Stubbs Bay Road
'1R, P1.C.W.D. , State Highway Department, County (Continued)
_ ublic �Jorks Department, City Engineer, City
Attorney, City Adriinistrator, and City Public �-Jorks
Director.
If approved, the park dedication fee would be $500
($250 per lot) .
Planning Commission P�eeting - January 16, 1978 -
I
Duke Schneider, representing P�Ir. Bartig, was present. �
City Engineer, Jim Olson' s report, was presented to
Coru�ission. Report suggested 27' road easement
along west boundary of subject proPerty to provide
minir�um 60' ric�ht-of-way to prevent land locking.
Also discouraged excessive traffic flow onto County
Road #6 .
Several alternatives were suggested during discussion.
Commission also requested survey indicating house
location.
Planning Comrtission tabled the issue to give applicant
the opportunity to submit revised plan.
�taff - January 30, 1978
Exhibit #3 - Revised plan submitted. Copy attached.
Revised plan indicates 27' access easement along
west property line and location of existing house.
If plan is satisfactory, final approval should be
conditioned on: �
1. Park dedication fee of $500 being paid
2. Title opinion addressed to C,ity and approved
by City Attorney
3. City Engineer a�proval of proposed plat.
Planning Cornmission - February 6, 1978
Duke Schneider, representing applicant was �resent.
Planninc� Cor.tmission reviewed revised plat indicating !
27' easement along west property line and existing �
house location as requested by the Commission. The
revised plat did not, however, include the combination i
of the west lot with the approximately 40 acre (
parcel located directly south of the Bartiq property. �
The owner of the subject 40 acre �arcel would purchase �
the westerly lot of the proposed division. (
I
(Continued)
• m
REGULAR I4EETING OF �FiE OROIJO COUNCIL, F�BRiJARY 23, 1978 Page 76
The �oning Administrator admitteci misinforming SUBDIVISION
P�ir. Schneider that the combination was included 605 Stubbs Bay Road
� the conditions set forth at the previous rleeting: (Continued)
ihe Zoning Adr.ministrator misunderstood these
directions and informed Mr. Schneider that this was
an alternative.
The Planning Cor�mission suggested tc�lo alternatives
for another revised plat.
l. Plat as submitted with additional 60 ' right-of-way
along south lot line of the easterly lot to provide
access from Stubbs Bay Road to the �aesterly lot to
eliminate landlocking; or
2. Revised plat showing the easterlv lot as is, but
include the south 40 acres as cortbined into one
parcel with the westerly lot to eliminate land- I
locking. . ' '
The Planning Commission initiated actio� to recommend
approval. The Zoning Administrator interrupted to
instr�:ct the Cortmission of the latest policy as
interpreted by staff. Council action was to be
deferred until such time that all 'conditions ��ere
met so that Council resolution of approval of final
plat would not include any unresolved conditions.
1'his proposal would not require final plat in mylar
and hardshell forms as both lots meet the minimtun
five acre area.
Planning Comr.iission recomr,iended approval of the
plat subject to the following conditions:
l. Applicant subriit revised plat incorporating one .
� of the alternatives suggested (survey)
2. City Attorney' s approval of current title opinion
addressed to the City
3. City Engineer' s approval of plat including road
easement and drainage and utility easements; and +
easement docur.ient to be signed (
4. Park dedication fee of $500 being �aid
5. �•�aive final plat (mylars and hardshells)
Staff - February 7, 1978
I would like to suggest review of the 27 ' easement '
status. The 33' wide road to the west of the Bartig ?
property is classified as a City right-of-way, I
presurie through dedication. The 27' wide strip on
the Bartig property would be considered an easerient.
Should these be consistent?
(Continued)
�
t
REGULAR M�ETING OF TFi� ORONO COUNCIL, FEBRUARY 23, 1978 Page 77
Staif - February 21, 1978 SUBDIVISION
605 Stubbs Bay Road
�ceived copy of original purchase agreement dated (Continued)
Uctober 15, 1977, (application to City dated
Deceraber 14, 1977) and request for corlbination of
the west parcel with the Bollum property to the south.
Council P4eeting - February 23, 1978
I�Zayor Van idest r.�oved, Butler seconded, to approve
the subdivision request of William Bartig, 605 Stubbs
Bay Road, per the Planning Cor.unission recor.u:lendations
of rebruary 6 , 1978, and directed stafi to prepare �
a resolution for the next Council meeting, t4otion, �
Ayes (5) - Nays (0) .
Butler moved, Pesek seconded, to approve the followir.g LICENSES
licenses : Motion, Ayes (�) - Nays (0) . '
Roger rA. Stubbs Cor.lpany - House 2�iover
Gerry' s Plumbing - Plunber
Garbage I�aulers License
Lake Sanitation - 1978 License ,
3utler moved, Psassen_qale seconded, that the All Funds BILLS
Accounts 01916 through 01977, 19690 through 19700 ,
6248 through 6286 , 10867 through 10869 and Liquor
Store Accounts 12368 through 12395, be paid. Piotion,
Ayes (5) - Nays (0) .
10 : 15 P.P•'!. - �
The City Council, on the advise of the City Attorney, EXECUTIVE SESSION
Mr. Bruce PRalkerson, entered into an executive session
with City staff to discuss the Becker-Rhode matter.
P4r. Bruce Malkerson, City Attorney, discussed with EASEP4ENT - 73-1 (
the City Council P�r. Phillip Rusciano, 2340 ���atertown Phillip Rusciano
Road, request for reimbursement of a sewer easement
across his property for the 1973-1 construction project.
Pdayor Van Nest Moved, Butler seconded, to instruct
Mr. Bruce P4alkerson, City Attorney, to negotiate �
reiribursement to I�ir. Rusciano, 2340 4�atertown Road, �
for the 1973-1 easernent. r2otion, Ayes (5) - Nays (0) .
i
REGULAR I��lEE�ING OF TIiE OROP�O COU2ICIL, FEBRUARY 23, 19.78 Page 78
:
Butler moved, PSassengale seconded, that the ADJOURNPZENT
meeting be adjourned at 10 : 55 P.Pi. Plotion,
yes (5) - Nays (0) .
� ��
William B. Van �st, P4ayor
1_ /At�est:
�^Ialter R, nson, Clerk-Administrator