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HomeMy WebLinkAbout04-13-1978 Council Minutes r . ? CITY OF ORONO Regular t�eeting of the Orono Council, , 7: 00 P.M. April 13, 1978 The Orono Council met on the above date with the following menbers present: Mayor Van Nest, Councilmembers Butler, Paurus, and Pesek. Absent: Councilmember Massengale. Also present: City Administrator Benson, City Planner Olson, City Attorney rsalkerson, and City Engineer Olson. P�ayor Van Nest announced that now was the time PUBLIC HEARING and place for the Public Hearing regarding the 2060 & 2160 Wayzata rezoning of properties at 2060 and 2160 Wayzata Boulevard Boulevard. The City Administrator presented the Rezoning Notice of Public Hearing, the Affidavit of Publication and the Certificate of r4ailing. Since there were no comments from the public present, the public hearing was closed at 7: 02 P.M. Butler moved, Pesek seconded, to approve the P4INUTES Minutes of the Reqular D7eeting of March 16, 1978, March 16 , 1978 as anended. Motion, Ayes (4) - Nays (0) . Councilmember Paurus, representative to the Lake LP4LD REPORT DZinnetonka Conservation District, sta�ed that draft P]o. 12 of the Lat�CD Dpck Ordinance was presented at a public hearing held April 12, 1978. No Corunents from the Planning Commission. PLANNING COMMISSION Mr. Alan Olson, City Planner, entered into the VARIANCE record the following information concerning a 1225 Shoreline Drive variance request of N. C. P�4cDonald, 1225 Shore- #361 line Drive, dated P�arch 9 , 1978, which states: N.C. McDonald Applicant is requesting several variances to replace existing dwelling with new residence. The existing dwelling is currently non-conforming relative to lot area, lot width and setback requirements. The location is also in violation of our lakeshore setback requirement. In contrast to this violation, the newly proposed residence would meet the required 75 ft. lakeshore setback. The marsh area between the residence and road restricts access to the dwelling; however, an access drive has already been constructed some years ago to provide access to the existing dwelling. We should address the issue of access and instruct the applicant to use the existing drive rather than fill any more of the low area. (Continued) , � REGULAR MEETING OF THE ORONO COUNCIL, APRIL 13, 1978 Page 2 The following exhibits are attached: VARIANCE 1225 Shoreline Drive l. Exhibit A - Variance application form (Continued) 2 . Exhibit B - Property owners list (neighbors) 3. Exhibit C - Copy of plat map including subject lot 4 . Exhibit D - Survey and site plan indicating location of existing and proposed structures Planning Commission Meeting - Psarch 27, 1978 Gerry Guetzkow, from Gerry' s Construction, was present. He explained it would be more costly to remodel the existing house than to build a new structure. He explained that a 12 ft. setback variance and a 21 ft. setback variance would be needed to build the house in the proposed location. Mr. & P4rs. Donald Gamble, 1205 Shoreline Drive, were present and indicated they were in favor of the new construction. The Planning Commission recommended approval of the following variances : 1. A 21 ft. side yard setback variance to the north 2. A 12 ft. setback variance to the west & east 3. A variance for the lot wdith and lot area Staff - April 4, 1978 Recommend approval per the Planning Commission recommendations plus City Engineer' s approval of septic system proposal prior to issuance of building permit. Note that soil appears black - soil borings will most likely be required for plan approval and lowest floor must be at MSL 932. 5 due to floodplain regulations. Council Pieeting - April 13, 1978 Butler moved, Pesek seconded, to approve the variances for N.C. McDonald, 1225 Shoreline Drive, per the Planning Commission recommendations - of P4arch 27, 1978. Motion, Ayes (4) - Nays (0) . Mr. Alan Olson, City Planner, entered into the VARIANCE record the following information regarding a 3067 Farview Lane wetlands variance request of Betty Jean Buesgens, #359 3067 Farview Lane, dated March 7, 1978 , which states: Betty J. Buesgens PZs. Buesgens is requesting approval for the erection of a bridge across a conservation marshland easement for access to Lake Minnetonka. The subject property is Lot 5, Block l, Farview Addition. (Continued) , - � REG�LAR MEETING OF THE ORONO COUNCIL, APRIL 13, 1978 Page 3 The following exhibits are attached: VARIANCE 3067 Farview Lane 1. Exhibit A - Application for wetlands variance (Continued) and conditional use permit and exclusion from ' conservation easement for bridge installation to provide lake access 2. Exhibit B - Separate letter explaining hard- ships to property 3. Exhibit C - Copy of plat 4 . Exhibit D-1, D-2, D-3, D-4 - detailed construction plans S. Exhibit E-1, E-2 - site plan showing proposed location of dwelling and access route to lake (including location of bridge, walk, and beach deck) Planning Commission ([aork Session) - P•�arch 13 , 1978 Suggested lack of information on plans. Requested more detail as follows: l. Dimensions on all plans 2. PZore specifics on elevation plans of bridge and deck indicating number� location,depth and size of supports 3. Location of proposed lake access route with reference to lot lines for description of exclusion to existing conservation easement 4. Indicate any proposed grading and filling with topos and elevations of existing and proposed grades 5. Indicate projected method and reason of erection supports Planning Commission Pseeting - D'Iarch 27, 1978 Betty Buesgens was present_ She assured the Commission that the proposed project was only for the purpose of providing access to the lake over subject wetlands. The project would not require any filling, dredging, or grading of surface area within 26 ft. of the marsh or 75 ft. from the shoreline. She also indicated the nroposed changes on the revised plans. The Planning Commission recommended approval based on the revised plans and subject to no other wetlands variances such as dredging, filling or grading. The Commission also suggested that the proposal be forwarded to the Council for action March 30, 1978 to expedite the process, so project can be completed with minimal environmental effect (surface currently frozen) . (Continued) ' REGtJLAR r2EETING OF THE ORONO COUNCIL, APRIL 13, 1978 Page 4 Council Meeting - 24arch 30 , 1978 V�RIANCE 3067 Farview Lane No applicant present. Item not discussed. (Continued) Note that wetlands are full to overflowing with water (no ice) as o� today. Appears that bridge would be an island in today's pond and that fill would encroach. Note that fill should not go below 931. 5 ft. to avoid flood plain encroachrlent. I would suggest more of a dock approach over the entire wetlands. - Council PZeeting - April 13, 1978 Pesek moved, Butler seconded, to approve the variance request of Ms. Betty J. Buesgens , 3067 Farview Lane, per the Planning Corunission recommendations of March 27, 1978, subject to: l. No filling 2. City staff approval of all work 3. Variance to Orciinance No. 125 4. No other access to the lot t�otion, Ayes (3) - Nays (0) . r4ayor Van Nest abstained. At 7 : 16 P.P�1. , riayor Van Nest announced that now PUBLIC HEARING was the time and place for a public hearing On-Site Sewage concerning an ordinance regulating the construction, Systems operation and maintenance of all on-site sewage treatment systems within the City of Orono. City Administrator Benson presented the Notice of Public Hearing and the Affidavit of Publication. Since there were no comments from the public present, the public hearing was closed at 7: 17 P.M. Psayor Van Nest moved, Butler seconded, to adopt ORDINANCE NO. 210 Ordinance NO. 210, An Ordinance Regulating The On-Site Sewage Design, Location, Construction, Alteration, Use Systems And PRaintenance Of Al1 On-Site Sewage Treatment Systems Within The City Of Orono: Requiring Perriits For And Licensing Of Persons Engaged In The Construction And Servicing Thereof: Providing For The Inspection Of Such Systems And The Abate- r.ient Of Nuisances : And Providing Penalties For Violations Of This Ordinance. P4otion, Ayes (4) - Nays (0) . Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #894 Resolution #894, A Resolution Approving The ' Design Manual On-Site Sewage Treatment System Design r4anual. P'Iotion, Ayes (4) - Nays (0) . � REGULAR MEETING OF THE ORONO COUNCIL, APRIL 13, 1978 Page 5 P4r. Lee Tomlinson,' Park Commission Chairman, reviewed DAYTON PARK PROPERTY the Park Commission minutes of April 4 , 1978, which state: P�r. Bruce Dayton, and his attorney, Mr. Louis B. Oberhauser, appeared before the Commission to discuss Mr. Dayton' s pro�osed donation of a certain parcel of Long Lake lakeshore and approx- imately ten acres to Orono for a public beach and park. Two considerations are fore�ost in the donor' s stipulations regarding the property, namely: 1. Its use as a public facility shall not be limited to persons for any reason related to place of residence, race, or creed. 2. A home now situated at the corner of Old Long Lake Road and East Long Lake Road, which is being given to the Spring Hill Conference � Center, be p�rmitted a variance to Orono zoning ordinances (two-acre minimun) so that a logical property division can be made, giving , the City the maximum land possible for park purposes. The house property would retain approximately 80 , 000 square feet in area. The second house on this property, situated near the lake, would have to be razed. The Park Commission, pending the actual transfer of this property, has not proposed definite plans for it; however, the potential as a lake access, swimming beach, bird sanctuary, picnic grounds and general park has been discussed. Specific planning for the use of the property could be undertaken immediately upon its transfer. Motion by Kelley, seconded , by Berglund, to recommend to the City that this property be aecepted, �ransfe� -�o_ be af�ected as soon as possible, and that i�r. Dayton' s stipulations be considered as acceptable to the Park Commission and the City. Passed unanimously. The property will eventually be deeded by its owner, Mr. Clark Peterson, to the City of Long Lake, with similar purposes intended by the donor. Joint planning and operation of the two properties is a natural and practical possibility. Mr. Dayton - expressed the desire that this park be designated as something other than "Dayton Park. " Council r'ieeting - April 13, 1978 Mr. Tomlinson also stated that the Park Commission recommends the property be accepted. A'Ir. Dayton wants the property to be accessable to all of the public, not just Long Lake and Orono residents. (Continued) REGJLAR MEETING OF THE ORONO COUNCIL, APRIL 13, 1978 Page 6 P7ayor Van Nest: Ilaybe the property should be . DAYTON PARK PROPERTY controlled by the Hennepin County Park Reserve (Continued) District. We do not have adequate police pocaers and park personnel, r�7r. Cliff French, of the Park Reserve ,should be contacted. � rsayor Van Nest moved, Butler seconded, to refer to staff for review the Dayton property matter. PZotion, Ayes (4) - Nays (0) . r4r. Lee Tomlinson, Park Commission Chairman, ORONO ORCHARD ROAD reviewed the Park Commission minutes of April 4 , BRIDGE 1978, which state: P�4r. Otto Christensen, trail planner for the Minnesota Department of Natural Resources, presented his department' s plans for a renlace- ment bridge at the crossing of the Luce Line Trail and Orono Orchard Road. The proPosed structure would be a clear span arched bridge , 10 ft. pathway of steel construction with wood rails and trim. Primary reasons for considering a new bridge were: l. Inability of current bridge to accommodate road and drainage improvements without dis- rnantling. 2. Increasing cost of new bridge in future years if installation is delayed. 3. Difficulty experienced by trail users who • must cross at road grade elevation. A motion by Tomlinson, seconded by Kelley, to recor.unend to the City Council_ that DNR plans for a new bridge be favorably considered was unanimously passed. Council r�eeting - April 13, 1978 P�ayor Van PZest: Is the new bridge necessary? Jir.t Olson, City Engineer: Staff has reviewed and does recommend that the bridge be replaced. Problems are: drainage, narrowness, bad piling, and bac� culverts. P4ayor Van Nest: The bridge should be the Department of Natural Resources' responsibility, not Orono. Paurus r.loved, Butler seconded, to redeck and retain the old bridge conditioned on the bridge beinc� saf_e and will continue to be maintained by the Depart- r.lent of Natural Resources. D4otion, Ayes (4) - Nays (0) . � REGiJLAR MEETING OF THE ORONO COUP7CIL, APRIL 13, 1978 Page 7 r�r. Lee Tomlinson, Park Commission Chairman, BIKE TRAIL reviewed the Park Commission r�inutes of April 4 , PZorris T. Baker Park 1978 , which state: Mr. Alex P�ayer and P4r. Tim Marr, Hennepin County Park Reserve District staff, presented the District' s plans for a bicycle trail around a portion of P�orris T. Baker Park. One item of concern to the City is the plan to connect one spur of the trail by permitting bicycle and pedestrian travel along 1, 250 ' (approximately) of Starkey Road, a road within and maintained by Orono. A second concern is the proposed filling along Highway #12 of a portion of the swampy low ground near the outlet of Lake Katrina (aka Rice Lake) to accommodate another portion of the bike trail. In view of the advantages of extending bicycle trails connected to existing and proposed trails in Orono, the following recomr�endation is made to the Council: r4otion by Berglund, seconded by Erger: It is recorunended to the Orono City Council that every effort be made to support the fiennepin County Park Reserve District in its endeavor to construct bike trails in D4orris Baker Park, including the connecting spurs on non-park property, provided: l. Approval based on thorough study is received from the City Engineer 2. Some type of release from public liability for that portion of the trail along the public road be secured from the Park Reserve District. P�otion unanimously passed. Council rseeting - April 13, 1978 Mr. Lee Tomlinson stated that the Park Commission supports Morris T. Baker Park trails. Dick Benson, City Administrator,stated that this has been directed to the Planning Corunission for their review and recommendation. Mr. Alan Olson, City Planner, entered into the VARIANCE . record the following information concerning a 132 Chevy Chase DrivE variance request of Ray Waterhouse, 132 Chevy #355 Chase Drive, dated February 3, 1978, which states: Ray Waterhouse Exhibit A - application for wetlands variance to construct residence on portion of area designated as wetlands on subject property. Lot is located in R-lA zoning district - minimum lot and setback requirements is this zone are: � (Continued) � RE�ULAR I�EETING OF THE ORONO COUNCIL, APRIL 13, 1978 Page 8 l. Lot area - 43, 560 sq. ft. _ VARIANCE 2 . Lot width - 140 ft. 132 Chevy Chase Dri� 3. Front setback - 35 ft. (Continued) 4 . Rear setback - 35 ft. 5 . Side setback - 10 ft. � 6 . Side setback street - 35 ft. Exhibit B - indicates location of property on plat (132 Chevy Chase Drive) Exhibit C - Survey. Exhibit D - sketch of subject lot indicating proposed location of new residence. No setback dimensions noted on plat - scale appears to indicate compliance with setback requirements. Exhibit E - plat map indicating approximate location of marsh area and proposed location of projected dwelling. House location appears to conflict with our Wetlands Ordinance No. 125. Wetlands variance would be required. Property is serviced with sewer and water and has been assessed for these improvements - check Exhibit F. Planning Commission P4eeting - February 27, 1978 - Mr. Waterhouse was present. The Planning Commission reviewed the proposal and suggested the owner consider changing the proposed location of the dwelling as to meet the required 35 ft. street setback requirement and 26 ft. marsh sethack requirement. The Zoning Administrator introduced to the Planning Commission several pages of the most recent flood plain report received from Barr Engineering late last week. The report included maps and data relative to the flood plain status of the Chevy Chase area which included the subject property. The Planning Commission addressed the issue, but were somewhat reluctant in taking negative action as they felt the City had not yet determined whether or not they would accept these designated areas as floodplain and restrictive areas. The Planning Commission recommended approval conditioned on applicant submitting survey indicating exact location of wetlands, floodplain and floodway contour lines and that all setback requirements be complied with. That is: (Continued) REGVLAR P�EETING OF THE ORONO COUNCIL, APRIL 13, 1978 Page 9 l. Street setback - 35 ft. VARIANCE 2. Marsh setback - 26 ft. 132 Chevy Chase Driv� 3. Structures to be located outside of flood- (Continued) plain and floodway area Justifications : l. rdo additional land available 2. Area is sewered Staff - March 6, 1978 The applicant has been requested to submit the verification suryey. Note that the "high ground" is fill ,authorized by the Council in 1970. The flood plain elevation is established as rqSL 964. By State building code , the lowest floor level allowed is then 965 ft. , effectively requiring a slab on grade home. Note that the lots are separate parcels : any approval should include legal lot combination for tax purposes prior to issuance of a building permit. Also, to be considered is a flowage and conservation easement similar to that required of subdividers. Staff - April 6, 1978 Received verification survey locating setbacks and flood plain lines. There is area available for construction. I recommend approval per Planning Commission recommendations and legal lot combination for tax purposes. Council Meeting - April 13, 1978 Mr. Ray Waterhouse was pr.esent to discuss his proposal. Paurus moved, Pesek seconded, to aPprove a variance to Ordinance No. 125, because of pecular configuration of land, subject to: l. No additional filling 2. Flowage and conservation easement to be included I�Iotion, Ayes (4) - P7ays (0) . I�Ir. Alan Olson, City Planner, entered into the SUBDIVISION record the following information concerning a 90 6�illow Drive South subdivision for the George Jackson Construction �334 Company at 90 Willow Drive South, dated r4arch 13, George Jackson Co. 1978, which states: (Continued) � REGULAR r4EETING OF THE ORONO COUNCIL, APRIL 13, 1978 Page 10 Planning Commission recommended approval of . SUBDIVISION final plat subject to the following conditions : 90 Willow Drive Soutr (Continued) l. Current title opinion addressed to the City and approved by the City Attorney 2. Legal descriptions and locations of all easements reviewed and approved by the City Attorney and City Engineer (report) 3. Association agreements and by-laws reviewed and approved by the City Attorney (report) 4. Payment of park dedication fee of $2 , 000 ($250 per lot for 10 lots including the two lots of Kelley & Kelley subdivision, $2 , 500 deduct $500 paid for two lots of Kelley & Kelley Addition, balance due - $2,000) Staff - A�ril 7, 1978 for Council April 13, 1978 I recommend approval of this final plat according to the attached resolution. Note, that a name must be attached to the road. Current suggestions of Kelley Drive and Willow Circle are unacceptable due to similarity to existing names. Council Meeting - April 13, 1978 Paurus moved, Butler seconded, to adopt Resolution RESOLUTION #895 �895, A Resolution Approving The Plat Of The The Plat of The �lursery, subject to: Nursery l. Homeowners Association Agreement approved by the City to assure adequate maintenance 2. Extend street to outlot 3. Establish street name Motion, Ayes (4) - Nays (d) . P4r. Alan Olson, City Planner, entered into the SUBDIVISION record the following information concerning a 1550 Sixth Avenue N. subdivision request of James Lawrence, 1550 #323 Sixth Avenue North, dated r4arch 21, 1978, which James Lawrence states : The final plat (mylars and hardshells) for the Tanglewood (,Tames Lawrence) Subdivision have been submitted for approval. The original preliminary was not approved. This proposal was delayed for quite some time. The original preliminary plat was not approved. � revised preliminary was required before approval . ,�as given to proceed with the final plat. Enclosed are copies of the original preliminary - the revised preliminary (as approved) and the final plat as submitted. (Continued) REG'ULAR MEETING OF THE ORONO COUNCIL, APRIL 13, 1978 Page 11 I am also enclosing copies of staff' s progressive SUBDIVZSION report on this subdivision proposal along with 1550 Sixth Avenue N. Council' s resolution approving the preliminary (Continued) plat. Note - several conditions listed in the resolution require certification of approval by the City Attorney and City Engineer. A receipt of recording of the Douglas Dayton Subdivision will also be required. The park dedication fee of $1, 250 shall be paid before final plat approval (six lots at $250 per lot equals $1, 500 - less $250 paid with approval of Doug Dayton equals $1, 250. Planning Commission :seeting - March 27, 1978 The Planning Commission compared the preliminary and the final plats. The City Engineer noted that the culvert should be constructed to provide adequate drainage. The Commission recommended approval of the final plat with the same conditions as are included in the resolution approving the preliminary plat. Staff - April 6, 1978 I recommend final approval of this subdivision according to the attached resolution. Council Meeting - April 13, 1978 Pesek moved, Butler seconded, to adopt Resolution RESOLUTION #�$96 �896, A Resolution Approving The Plat Of Tangle- Plat of Tanglewood wood, subject to having a simple maintenance 1550 Sixth Avenue N. agreement. Motion, Ayes (4) - Nays (0) . - 1`4r. Alan Olson, City Planner, entered into the SUBDIVISION record the following information concerning a 820 Brown Road N. subdivision request of Tim Adams, The Farm at #317 Long Lake, 820 Brown Road North, dated March 27, Tim Adams 1978, which states: The Planning Commission recommended approval of � the following variances: 1. �9etlands variance for moving of security fence 2. Barn setback variance for location of existing barn on Lot 19 , Block l, from projected lot lines (required setback is 150 ft. ) 3. Twenty-four foot variance from required 50 ft. front setback for location of existing metal shed on Lot 19, Block 1 � (Continued) REGULAR MEETING OF THE ORONO COUNCIL, APRIL 13, 1978 Page 12 4 . P�ove north lot line of Lot 15, Block l, one and SUBDIVISION one-half feet to the north and approve a 27 ft. 820 Brown Road N. variance from required 30 ft. side setback for (Continued) location of existing barn and garage on subject lot. The Planning Cortriission recommended approval of the final plat subject to the following conditions: l. Approval of above variances 2. Road specs and detail approved by City Engineer (20 ft. gravel driving surface with two foot wide sodded shoulder on either side of roads) 3. Private roads (Outlot B and Outlot C) to be 60 ft. wide right-of-way and 100 ft. diameter cul-de-sac with underlying easement to City 4. Conservation easement to City over wetlands areas 5. Revise lot lines of Lot 19 , Block 1 by moving north lot line of Lot 19 one and one-half feet to the north 6. Provide for access to lake over conservation easement for riparian rights of Lots 7 & 16 , Block 1 7. P10 dock to benefit Lot 6, Block 1 8. Technical matters such as private easement platting, on-site acceptability legal document language and provisions necessary to implement policy to be approved by staff (City Engineer & City Attorney) 9. Payment of park dedication fee ($250 per lot) Staff - April 6 , 1978 for Council April 13, 1978 Conceptual approval of final plat. Due to the many last minute changes required by the Planning Commission, the developer has requested that the Council review the � . plat for conceptual final approval pending the completion of the changes in the drawings and the execution of legal documents. I concur_ I recommend Council approval of the variances as recor,imended by the Planning Cor.unission and conceptual approval of the final plat incorporationg the items listed by the Planning Commission. If agreeable, a resolution of final approval will be ready for the next meeting or as soon as the final drawings are delivered. Council Meeting - April 13, 1978 Mr. Tim Adams was present and requested permission to read the recommended resolution. After reading the resolution, Mr. Adams stated he agreed with it. Mayor Van Nest moved, Pesek seconded, to adopt RESOLUTION #899 Resolution #899, A Resolution Approving A Plat Of The Farm At Long Lak� The Farm At Long Lake, per the Planning Commission 820 Brown Road N. recommendations. Motion, Ayes (4) - Nays (0) . � REGULAR MEETING OF THE ORONO COUNCIL, APRIL 13, 1978 Page 13 Mr. Alan Olson, City Planner, entered into the SUBDIVISION record the following information concerning a 3024 Casco Point Roa subdivision request of Joseph Braun, 3024 Casco #2 Point Road, dated February 23, 1978, which states: Joseph Braun Applicant Braun and purchaser Plowman both present, each represented by an attorney. Alan Olson read over chronology of events over the three years since the subdivision was first presented. Important points noted and acknowledged by the attorneys present were that the delays on this application were caused by the applicant' s failure to nroceed and not by an action or lack of action by the City. On the contrary, the minutes of each City action clearly indicate the necessary steps for division completion and indeed, the applicants acknowledge that they still cannot agree among themselves over details of whom should proceed with the application. The Council reviewed the entire chain of events and took particular note of the Planning Commission recommendation made February 6 , 1978. The Council in�structed staff to prepare a resolution setting forth the findings of fact as to why the �ivision should now be denied. Council Meeting - March 30, 1978 Council tabled the matter two weeks to give applicant Braun and purchaser Plowman and their respective attorneys time to review the resolution. The only cor.unents to be received from them at the next meeting are to be written briefs. Council Meeting - April 13, 1978 Mr. Alan Olson also commented that he has not received any comments from any of the parties involved. Pesek moved, Paurus seconded, to adopt Resolution RFSOLUTION #897 #897, A Resolution Of The City Council Denying Joseph Braun The Plat Submitted By Joseph Braun,and to be 3024 Casco Point Roa� for�aarded to the County Records Office. � Motion, Ayes (4) - Nays (0) . Mr. Alan Olson, City Planner, informed the City NAVARRE DRIVE-IN Council that on P�arch 30, 1978, the Council THEATRE LICENSE instructed staff to prepare a resolution approving the 1978 license for the Navarre Drive-In Theatre subject to the conditions contained in Resolution #790 plus a required fence. Applicant to submit a plan and fence design for Council approval. The fence is to secure property on two sides and . rear at all times with front to be secured when the theatre is not operating. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, APRIL 13, 1978 Page 14 Council .Meeting - ApYil 13, 1978 NAVARRE DRIVE-IN THEATRE Mr. Olson also cor,unented that he had talked with (Continued) the applicants and they asked if the matter could be tabled to allow them to negotiate selling the theatre land. r•4ayor Van Nest commented that the applicants had stated at an earlier Council meeting that they would want to open the last of April, 27 or 28 , if they could not negotiate selling the theatre property. The Council should act on their license tonight in view of the time constraints stated by the applicants earlier in approving the license at a later date if the negotiations fail. The theatre representatives were present at the last meeting and are aware of the conditions subject to approving the license. Butler moved, Pesek seconded, to adopt Resolution RESOLUTION #898 #898, A Resolution Setting Forth Restrictions And Navarre Drive-In Requirements Precedent To The Granting Of A Theatre Theatre License License To Northwest Cinema Corporation Authorizing Opening And Operation Of The Navarre Drive-In Theatre During The 1978 Season, adding languaqe "esthetically pleasing to assure fence will not add to diminution in value of adjacent properties" . Motion, Ayes (4) - Nays (0) . PZr. Alan Olson, City Planner, entered into the HAZARDOUS BUILDING record the following hazardous building report 1565 Orchard Beach P: concerning 1565 Orchard Beach Place, dated April 5, 1978, which states: Site Address: 1565 Orchard Beach Place Insepction: March 21, 1978 by Alan Olson, City Planner, Certified Building Officer. Building Inspected: garage and boat dock Princi�al Use: none (house burned 40 years ago) Use District: LR-1B - Lot size: 8, 000 sq. ft. Owner: Sigrid Vedeler, 1302 N. Poinsetta Place Hollywood, California 90046 Agent: Arthur Heintz, 3329 Hennepin Avenue, Minneapolis, Minnesota 55408 Lien Holders: none of record Building Construction: frame; structure leaning, sills rotted, south wall bowed-out, roof boards missing with 10-25g of roof area missinc�. Foundation: broken concrete slab only Pluribing: cesspool one-holer in northwest corner within 75 ft. of the lakeshore (Continued) REGULAR MEETING OF THE ORONO COUNCIL, APRIL 13, 1978 Page 15 Heating: none HAZARDOUS BUILDING Size: 12 ft. 6 in. X 19 ft. 0 in. (Continued) Setbacks: 25 ft. to street center line of 60 ft. wide street; therefore, apparently encroaches S ft. � into street right-of-way General Remarks : garage is located in a drainage swale. Runoff dams up on the north wall, runs through building and waterfalls out south side. Personal Property: 8-10 used tires stored inside, abandoned automobile parts Safety Hazards: hole in door for children to enter, holes in roof and wall condition may precipitate collapse, privy is open to children. Also, remnants of a dock exist at the lakeshore (22 ft, into water under overhanging tree) . Health Hazard: open privy including lake pollution Fire Hazard: open building and the tires inside Complaints: all three nearby neighbors Tax Status: delinquent 1977 , building value - market 1977 - $80 Non-Conforming Use: Orono Zoning Code 31. 310 requires a principal use (example: home) on a lot before legal use of an accessory building (garage) . 31. 106 requires abatement of all legal non-conforming uses with a fair market value of $3,000 or less on or before January l, 1978. This building is non-conforming as an accessory building without a principal use and as encroaching onto City right-of-way (or not meeting the required 35 ft. setback in any case) and should, therefore, have been removed four months ago. Council Meeting - April 13, 1978 Paurus moved, Butler seconded, to adopt Resolution RESOLUTION #900 #900 , A Resolution Ordering The Owner Of A Hazardous Hazardous Building Building Within The City To Correct The Hazardous 1565 Orchard Beach P Condition. Motion, Ayes (4) - Nays (0) . P4r. Alan Olson, City Planner, entered into the VARIANCE record the following information concerning a 4480 Forest Lake variance request of Orville Grimes, 4480 Forest Landing Lake Landing, dated April 4, 1978, which states: #369 Orville Grimes r4r. Orville Grimes is requesting to add onto an , existing home, size unspecified. Special Note: A lot line rearrangement approved by Resolution #867 on January 23, 1978 established this lot as a sanctioned building site. (Continued) REGULAR MEETING OF THE ORONO COUNCIL, APRIL 13, 1978 Page 16 The existing building meets side setback re�uire- VARIANCE ments, but does not meet the front setback require- 4480 Forest Lake Lan ment. P•iarket value is $13, 400 meaning any work (Continued) more than $6 , 800 requires full conformance. If all setbacks were met (by a new structure, for instance) no variance would be required. Variance: 34. 452 - Front setback required 35 ft. , actual 10 ft. , variance 25 ft. Planning Commission P4eeting - April 10, 1978 Work Session No problems noted. Planning Commission recommended approval and early Council consideration this week. Council Meeting - April 13, 1978 Mayor Van Nest moved, Butler seconded, to approve the variance request of Orville Grimes, 4480 Forest Lake Landing, subject to no additional variances being granted. P�Iotion, Ayes (4) - Nays (0) . Dock issue as it applies to property at 4480 DOCK Forest Lake Landing: 4480 Forest Lake Landing Mayor Van Nest: The City has established facts that a dock has not been used at this property and if at sometime a dock was constructed� it was an accessory use. DZr. Alan Olson: We do not have any documentation from the people in the area that a dock has been used on this lot for many ye�rs and it appears that if it had, it would be a non-conforming use and a variance would have to be applied for. Mayor Van Nest moved, Butler seconded, that the facts before us determine a dock at 4480 Forest Lake Landing does not exist and visual inspection shows dock not in use and a variance has to be applied for, these facts to be entered in chain of title. Motion, Ayes (4) - Nays (0) . Mr. Dale P�oe, representing Mr. Lindaman, commented that the lot is for sale and my client would like to Y.now if he can build a dock on the property - - if he should purchase the property. Mayor Van Nest: Mr. Lindaman will have to apply for a variance. . REGULAR MEETING OF TFiE ORONO COUNCIL, APRIL 13, 1978 Page 17 Mr. Jim Olson, City Engineer, reviewed his letter RING ROUTE concerning the ring route dated April 12 , 1978, rhich is attached. Letter - Pages 18-21 Mrs . Sara Wyatt, 5680 Echo Road, Excelsior: Fiow can we interpret engineers comparable numbers? Jim Olson: We reviewed the facts as they came to us. Mrs . Wyatt: The County wants to go straight north. If you go straight north, then traffic can disperse to all points. Mayor Van Nest: At one time, we supported the north route; but Fiennepin County� dropped it off their five-year plan. That is why we, through our engineering and Hennepin County' s concurrence, developed the diagonal route. Constructing a road north would only be a half-way proposition and would not be a fair expenditure of funds and it is doubtful if this could be supported by P�I.S.A. monies. Unidentified person: You are not considering our �roblem. Mayor Van Nest: �ae have had three public hearings on this matter and many other public meetings to consider this proposal. Mr. Gehrman: I have reviewed the proposed routes and I know the straight north route is safer. Mrs. Wyatt: Mr. Jim Wold, from Hennepin County, said the north route is only ten years away. Mayor Van Nest: This is new information. Unidentified person: How about bike/hike trails? Jim Olson: Gravel shoulders are part of the project and are not suitable for bike/hike trails. - Unidentified person: Will Hennepin County come back and four-lane County Road #15? Mayor Van Nest: Not without our permission. This has been dropped from their plans. ^.ouncilmember Paurus : I have been part of the study :ommittee on transportation for many years and I think that we have taken enough time to weigh all the facts and alternatives. The City Council has heard all the arguments and now we should act. (Continued) (Page 22) � . . Page 18 . /��-..��, /Z�-�, ;4�.�� � ��, �:�. e�..�.�¢ ���...�� 2335 `lf/. `I�'��u'� dt�'•t�� 36 ' • O1ro G. Bcnastroo, P.E. Laxrrncc F. Frldsirn. P£. Robut Ii'. Resene, P.E. Ghnn R. Cnnk, P.E. �� n�, /S1TasFte�.ala 55f13 lnsrph C. .indrrlik, P.E. 3.'rirh A. Cnrdon, P.E. Brcdford d. LamLug. P.E. Thomas E. .�'c�'rs. P.E. n1.1O,KQ• �j3(5-�6�� Robril D. F�igaard. P.E. Rinc�rd N'. Fnslti, Y.E. Fichard E. Turnu, P.E. FoLr��G. Scl:ur,lchr. F.E. Jamct C. Dlcon, P.E. .Sfan�in L. Sor,ola, P.E. Donald C. IIurgardr. P.E. x'rnnrlh R. dlrirrer, P.E. �i�Yll 12� 19]8 Char;rs .4. E�;ckson Len Af. PcH�elsky fi,:�;�n hf. Olson Honorable i�fayor and City Council City of Orono - Box 66 Crystal Eay, rlinnesota 55323 Re : Ring Route Alternate �aluation , Our File No. 139 Dear Mayor and Council: • • Pursuant to a request by the City Council, we have reviewed the proposed aligru�ent of the Rino Route, outlined in the Preliminary Engineering Re- port dated dctober, 1977, and an alternate alignment along To���n Line Road suggested by a citizens' group. It is our conclusion that the original aligmnent proposed in the Preliminary Engineering Report should be selected by the City of Orono. Follocaing is a general discussion of our analysis. tde have examined, in a general way, the history involving the City's par- ticipation in the evaluation of Hennepin County Road 15 along the shores of Lake Minnetonka. Tt�e adverse affects of widening Co.Rd. 15 to a four lane arterial highcaay have been well documented. The traffic volume on Co.Rd. 15 is at or near the capacity of the existing roadway. The only viable alter- native to enlarging Co.Rd. 15 is to pr wide an adequate, usable alternate route to remove -some of the total traffic from Co.Rd. 15. - The predominate traff ic mwement is oriented to the east, towards t�e down- town metropolitan area. Based on the configuration of Lake Minnetonka, the only feasible alternative to Co.Rd. 15 is a route that goes north of the _ Lake to T.H. 12 and then east. We concur with this concept and accept it as a given factor in the analysis of the proposed Ring Route alignment. The Ring Route, as proposed in the Preliminary Engineering Report, is 4,628 feet long'.(.88 miles) between Co.Rd. 19 and Co.Rd. 6 (Watertown Road) . The estimated 'cost is approximately $505,000. The right-of-way requirements have been estimated at 7.3 acres. The construction mentioned above is considered the first phase of a total improvement of the Ring Route concept. Additional work is contemplated by Hennepin County and by the State of Minnesota in order to complete the total route. The alternate alignment prepared by a citizen's group in the area is due north along the �oest municipal boundary, utilizing Town Line Road between Co.Rd. 6 and T.H. 12. The alternate aligmnent between Co.Rd. 19 and Co.Rd. 6 is 5,250 Page 1. '` , Page 19 Honorable Mayor and City Council April 12, 1978 City of Orono Box 66 Crystal Bay, Minnesota 55323 Re : Ring Route Alternate Evaluation Our File No. 139 feet long (.99 miles) . No detailed engineering studies have been made of the design of the alternate route so estimated construction costs are not available. Assuming construction of the alternate route was similar to the proposed route, a rough cost estimate based on proportional length caould be about $570,000, an increase of about 13%. The proposed route is designated as a t•iunicipal State Aid (I•1SA) street. T'his designation would have to be reassigned to the alternate route for construction. The increase in length, 0.11 miles, is more than the 0.07 miles the City has available to designate for MSA streets. It �oould be necessary to revoke some other I•�SA designation on an existing street in order to do this. Town Line Road bet��een Co.Rd. 6 and T.H. 12 is a narrow gravel roadway, de- ficient in width, cross-section and grade. In order for the ring route con- cept to become worl:able, Town Line Road would have to be reconstructed. The length is approximately 3,750 feet (.71 miles) . Ass�nning similar construc- tion to the proposed ring route, a rough estimate of cost based on proportional len;th y�ould be about $410,000. In addition, there is a very narrow bridge at the railroad tracks south of T.H. 12 which would have to be replaced. This bridge would cost in excess of $300,000 based on today's prices. In order for the ring route concept to �aork, for it to draw off traffic from Co.Rd. 15, a continuous route on an improved paved roadway is necessary. Town Line Road lies within three different co�munities. The City of Orono does not have the financial capability of constructing the -entire route from Co.Rd. 19 to T.H. 12. This cost �aould be in the magnitude of $1,280,000. Hennepin County has indicated that they are not able to construct this facility within the foreseeable -f�ture. We have attempted to reduce the various elements of comparispn between the proposed route and the alternate route to a point system, which is outlined � on the attached sheet. It must be pointed out that this quantitative number system is very subjective. The danger in this kind of approach is that the various categories do not necessarily carry the same weight, although they have been given the same number rating. For example, if the "construction" and "User Factors" items are twice as important as the others, the "scores" difference �aould change from 55-43 to 75-53 in favor of the proposed route. 1�is very general review of the �ahole ring route concept did not permit a more sophisticated analysis. Page 2. � �� . � Page 20 Honorable rlayor and City Council April 12, 1978 City of Orono Box 66 Crystal Bay, i�iinnesota 55323 Re : Ring Route Alternate Evaluation Our File No. 139 In sur�,-nary, ��Jhen comparing the advantages and disadvantages of both the proposed route and the alternate route, it is our opinion that the pro- pased route outlined in the Preliminary Engineering Report is the most acceptable for its originally intended purpose and is in the best in- terests of the City of Qrono. Very truly yours, r BONES � 00 � ROSENE, ERLII� & ASSOCIATES, I:QC . , � J mes C. Olson CO:kf Encl. Page 3. � . • Page 21 - Very Good - S Good - 4 Average - 3 Poor - 2 Very Poor - 1 RING P.OUTE EVALUATION Proposed Alternate A LIG?�'�`iE NT Horz Curvature 3 5 Vertical Curvature 0 0 Affect on Undeveloped Property 2 3 Affect on Developed Property 2 3 P1SA Designation S 1 Subtotal 12 12 COhSTRUCTION Construci.ion Cost !� 2 Right-of-way Cost 3 3 MSA Funding 5 1 Subtotal 12 6 E NV I R02v�1ENTAL Wetlands 2 2 ZYee Cover 4 1 Channel Crossing 3 2 - Recreational 3 3 Subtotal 12 8 SAFETY ASPECTS Co.Rd. 19 & Co.Rd. 84 4 4 jdatertown Road 3 2 Railroad ZYacks 1 2 T.H. 212 1 2 Existing Driveways 2 3 Subtotal 11 13 USER FACTORS Suitability for Intended Purpose 4 2 User Costs 4 � � Subtotal 8 4 TOTAL 55 43 REGULAR MEETING OF THE ORONO COUNCIL, APRIL 13, 1978 Page 22 Mayor Van Nest: The City Council should determine . RING ROUTE if we should build a ring route or consider (Continued) alternatives. Jim Olson: In future years when density increases to the west, we will probably see both routes constructed. Pesek moved, Butler seconded, to approve the diagonal ring route and Preliminary Engineering Report. P�iotion, Ayes (4) - Nays (0) . Pesek moved, Paurus seconded, to adopt Resolution RESOLUTION #902 #902 , A Resolution Authorizing The City Engineer Ring Route To Prepare Plans And Specifications For The Plans & Specs. Diagonal Ring Route Segment. Motion, Ayes (4) - Nays (0) . Mr. Robert Gehrman, 4300 Sixth Avenue North: When will route be constructed? Jim Olson: The time-table will be to acquire land this year and construct next year (1979) . Paurus moved, Butler seconded, to reaffirm the EASEP7ENT approval of February 9 , 1978 for an easement Casco Point Park request of the Northwestern Bell Telephone Company at Casco Point Park, as amended. r4otion, Ayes (4) - Nays (0) . Paurus moved, Mayor Van Nest seconded, to table HIGHWAY #12 the request of the Minnesota Department of Trans- Channelization portation for construction of turn lanes and channelization at County Road #6 and Highway #12 for further engineers review. P4otion, Ayes (4) - Nays (0) . A4ayor Van Nest reviewed the Systems Statement SYSTEMS STATEMENT Deadline of April 20 , 1978, the Orono-Long Lake ORONO-LONG LAKE Interceptor Deadline of April 20 , 1978, and the INTERCEPTOR Interim Comprehensive Sewer Plan that were on the INTERIM COMPREHENSI� agenda. SEWER PLAN Dick IIenson, City Administrator, informed the City Council that we have until April 20, 1978 to respond to the Metropolitan Council on our review of the Orono-Long Lake interceptor and revised Systems Statement, and also to meet the deadline to appeal our Systems Statement. As previously noted, we do want to submit our interim Compre- hensive Sewer Plan to the Metropolitan Council immediately or have the Metropolitan Council adopt our Comprehensive Sewer Plan, which was submitted sometime ago as our interim plan to 1980. (Continued) REGULAR P�iEETING OF THE ORONO COUNCIL, APRIL 13, 1978 Page 23 I would like the City Council to reaffirm our ORONO-LONG .LAKE position on these matters and concur with the INTERCEPTOR City Engineer' s letter to Mr. Robert Mazanec, (Continued) ��letropolitan Council Senior Planner, dated April 10, _ 1978. Attached is a letter from John Boland, r2etropolitan JOHN BOLAND LETTER Council Chair�an, dated PZarch 31, 1978. r2arch 31, 1978 Letter - Pages 24-25 � Mayor Van Nest requested the City Council to consider holding a Special Council meeting P�onday night at 7: 00 P.M. , April 17, 1978 at the Council Chambers to consider a resolution and letters outlining Orono' s concerns with the above items. Paurus moved, Butler seconded, to hold a SPECIAL MEETING DATE Special Council meeting Monday, April 17, April 17, 1978 1978 at 7: 00 P.M. in the Council Chambers to consider a resolution outlining Orono' s concerns regarding Orono' s Systems Statement, the Orono- Long Lake Interceptor and the Interim Comprehensive Sewer Plan. P4otion, Ayes (4) - Nays (0) . pesek moved, Paurus seconded, to approve the ROBERT MAZANEC �etter to Mr. Robert Mazanec, Senior Planner LETTER 1�•4etropolitan Council, from Jim Olson, City April 10 , 1978 Engineer- dated April 10 , 1978. I�otion, Ayes (4) - Nays (0) . Letter - Pages 26-28 Butler moved, Paurus seconded, to approve CLEANUP DAY the City of Orono Cleanup Day for Saturday, May 6, 1978 May 6, 1978. Psotion, Ayes (4) - Nays (0) . Butler moved, Paurus seconded, that a public PUBLIC AUCTION auction be held on Saturday, April 29 , 1978 April 29 , 1978 at 9 : oo P.M, rsotion, Ayes (4) - Nays (o) . Butler moved, Pesek seconded, to accept the RESIGNATION - resignation of Susan Mauderer, Building & Susan Mauderer Zoning secretary, effective April 14, 1978. Motion, Ayes (4) - Nays (0) . Butler nloved, Mayor Van Nest seconded, to EMPLOYMENT approve the part-time employment of Carrol Carrol Ryerson Ryerson effective April 5, 1978 at a rate of �4. 25 per hour. Motion, Ayes (4) - Nays (0) . Page 24 � Metropolitan Council o1it�� � 300 Metro Square Building �p4 O Seventh Street and Robert Street ��' � I �'� Saint Paul, Minnesota 55101 '� �f�l w. Telephone (612) 291 6453 � ���� � r` Office of the Chairman ,t `� '�4�N C,T,t,. I�1arc h 31 , 19 7 3 The Honorable William B. Van Nest Mayor, City of Orono Orono, Minnesota Dear Mayor Van Nest : After our Meeting of �'Iarch 28 , 1978 , it was agreed that our attorneys �eould meet and discuss legal issues regarding the Long Lake Interceptor question and City of Orono ' s system statement. That meeting was held on March 30 , 1978, and the purpose of this letter is to formally state the agreement reached at that time. The following has been reported to me as conclusions reached in that meeting and are agreeable to me : l. Orono �ti�ill submit an interim comprehensive sewer plan . identifying t�e sewer service area set forth on the map dated I�arch 17 , 1978, used at the meeting, as an interim local sewer service area covering the time period between now and 1980 or whenever the Land Planning Act comprehensive plan is prepared by Orono and approved by the I�Ietropolitan Council, which ever occurs first. 2. The MUSA line and the rletropolitan Sewer Service Region line will at this time remain unchanged. After the Land Planning Act comprehensive plan has been prepared by Orono and reviewed by its adjacent governr�ental units and affected school districts , the NiUSA and P�SSR may, as appropriate , be changed via the system plan amendment process established by Minn. Stat. Sections 473. 145 and 473. 146 .and the Waste Management Policy Plan. 3. Orono' s ultimate sewer capacity in the Long Lake inter- ceptor is 1. 09 million gallons per day. Orono may plan for the _ use of that capacity as it sees fit and rnay allocate the capacity as it feels appropriate within the confines of the service area designated in the interceptor design plans and specifications . Follo�aing the meeting, staff has reviewed all drafts of the Orono system statement. Accompanying this letter is a revision of the Orono system statement which reflects the above agreed upon sewer capacity, and, I hope , reflects the agreement reached at the meeting of rlarch 30. As you may recall, the Metropolitan Page 25 I�Iayor of Orono Page �cao N�arch 31, 1978 Council` s population proj ections were arnended in Decem�er.: The � new population forecasts , which are lower, are not included in the system statement , because the system plans have not been formally amended yet . However, we reconmend you use these new figures in your local plans , because metropolitan plans will be based on them in the future. These new forecasts are as follows : Households Population Er.�ployment 1990 2800 9000 1000 2000 3400 11000 2500 New forecasts result in a 1990 sewer floc�; estimate of . 58 mgd (sewered population 6 , 900) ; . Ol mgd industrial flow and a traffic estimate of 44, 000 person trips per day in 1990. These figures are further explained in Bob Mazanec' s letter of T1arch 8 , 1978. By this letter Orono' s request for an extension of time to April 20, 1978 , within which to appeal� the system statement and for review of plans and specifications of the proposed Orono- Long Lalce intQrceptor is �ranted. If you have any problems with the content of this letter, please contact either John hoeft or Robert Mazanec of the Council staff. Sincerely yours , � hn Boland Chairman JB/cy Encl. cc: City Administrator Walter R. Benson David Graven, Esq. _ Richard Dougherty Bruce Malkerson, Esq. ' Page 26 �Ql"a�a� C, �o O � � O(� �� � �� a :J �� f T' r�. E� y� �IN C�T�t 300 A9etro Syuarc Ruilding, 7th Street and R��hert Street. Saint P�iu1��1 nnese�ta��jlp�l 1���3/ l��� � �/o � e - ' �� � � � � p�� 3, / 9� �.,� � l ,�- ,�,�d���� � � � ��3�. �'G� /y- / c� z� ,y�,„_,� a,.-� �-�� ,� �f�� o���.....��, , �9 7 � �,- . .�..�,�d-- � �1 � . d ' �� ��%"° i .� � �`-'h �� � oZ.3 /9 7 7 ,�Z�r.�4.�-.� _ � ' . ��:.r-� ��. 0 � G���� � �d'��'- � cz� - . � 'ti�32�`P � �� ��� . /���`��!% - .. Page 27 . ' ��.�.�, R�, ���� � �4��;�, ��. e�.�� �.�� .2335 �k/. `1�.+�i �/I��ituas� 36 Orro G. Bonet�roo, P.E. Laxrencc F. Fddsien, P.E. �� nQ� ��/fitP64iQ� 55„3 Ra6c�t iV. Rosene, P.E. Glenn R. Cook. P.E. loseph C. Anderlik, P.E. Kclth A. Go.don, P.£. / B�adford A. Lem berg, P.E. Thomat E. Nayts, P.E. nifOKC: 636-�600 Robn�D. Frigaard, P.E. Rfchard 1V. Fos�n, P.E. Richard E. 7urno, P.E. Robe��G. Schuntch4 P.E. James C. Olson, P.£. bfarvin L. Sorvola, P.E. Donald C. Burga�dl, P.E. A ri1 l� 19.IH Xenne7h R. Meialci, P.E. P � Charles A. ErickJon Leo M. Paw�rlsky Xa�lan M. Olson Ptr. P.obert Mazanec Senior Planner • Metropolitan Council 300 Pietro Square Building St. Paul, riinnesota 55101 Re : Orono-Long Lake Interceptor Our File No. 139 Dear Mr. Mazanec : The letter dated March 31, 1978, from John Boland to Mayor VanNest fairly represents the items discussed and the understandings reached between the riayor of Orono, the rnace Staff and the Council Staff at the meetings of March 27 and March 30 at the Metropolitan Council offices. The City of Orono's support of the Orono-Long Lake facility, prior to actually relocating the I�NSA line and the MSSR line is a policy ques- tion to be resolved by the Orono City Council. The Orono Council will be considering this matter in the very near future. Our firm has been directed by the City of Orono to prepare an interim CSP, to the year 1980, as discussed at the March 30 meeting. We under- stand that your office will be forwarding a set of guidelines to use ' _ in the preparation of the ir.terim CSP. In order to assist in the , preparation of the interim CSP and to aid the City Council in the eval- uation of the policy decision to support the Orono-Long Lake Interceptor, we have been requested to seek clarification of several specific items, as follows : 1) What is the correct amount of the ultimate capacity of the Oron�-Long Lake Interceptor? The revised System Statement, Page 19, lists the ultimate average daily flow at 1.71 i�IGD. Addend�n No. 3, revised Table 10 of the Preliminary Engineering Report in- dicates 1.77 MGD. 2) What is the correct amount of the Ultimate design flow from Orono� The revised System Statement, Page 19, lists the amount at 1.09 MGD. Addendum No. 3, revised Table 10, indicates 1 .14 MGD. Page 1. . . � Page 28 P�ir. ?'.obert Mazanec April 10, 1978 Senior Planner Metropolitan Council 300 t•tetro Square Building St. Paul, Minnesota 55101 Re ' �'rono-Long Lake Interceptor ur File No. 139 3) I�'hat the correct criteria used to determine the design capa- city per capita for the Orono-Long Lake Facility� The Orono Comprehensive Sewer Plan and the Preliminary Enbineering Report, Addendum No. 1, Page 11, dated April, 1976, indicated 115 gallons per capita per day. Mr. Boland's letter ef March 31,. 1978, which referred to Mr. Mazanec 's lettez dated I�iarch 8, 1978, indicates 83 gallons per capita per day. The City of Orono intends to use 115 gpcpd and 3.2 people per unit when preparing the interim CSP. A map showing the urban service area and . the rural service area which Orono also intends to use for the intericn CSP is attached. Your timely response to the above questions will be appreciated. Very truly/yQurs, i� BONES��OO, .ROSENE, A IK & ASSOCIATES, INC. �, �,,,. ��=�� � %j/,' �,� - ,� �iL .�'��� �x r � j James C. Olson / ;'City Engineer % (, JCP:kf / Encl. cc : Mayor Brad VanNest Mr. Walter Benson . Mr. John Heoft, Atty. Mr. Bruce �ialkerson, Atty. Page 2. e 1 ' REGULAR r'IEETING OF THE ORONO COUNCIL, APRIL 13, 1978 Page 29 Dick Benson, City Administrator, informed the SALARY INCREASE ' City Council that t4r. Michael P. Gaffron joined Michael Gaffron us February 6, 1978 as our Septic System Inspector at a starting rate of $12 , 000 per year. Psr. Gaffron has taken a very responsive approach to his position and is doing an excellent job of preparing himself in developing design standards for on-site systems. I recommend a salary increase of $50 per month/ $12 , 600 per year effective April 17, 1978. This position will be reviewed again in July. � Mayor Van Nest moved, Butler seconded, to approve a salary increase for Michael Gaffron, Septic System Inspector, of $50 per month/$12 , 600 per year, effective April 17, 1978, r4otion, Ayes (4) - Nays (0) . Mayor Van Nest moved, Butler seconded, to approve LONG LAKE WATER RATE the letter to the Long Lake City Council from Dick Benson, City Administrator, regarding water rates dated April 4, �978. - tlotion, Ayes (4) - Nays (0) . Letter - Pages 30-31 Dick Benson, City Adr.ministrator, informed the City HIGH��AY �12 & WILLOW Council that last year we discussed purchasing the DRIVE PROPERTY Robb property for City uses and I was directed to negotiate with Mrs. Robb and to request a market value appraisal of that approximate 15 acres . Negotiations with P�rs. Robb failed and the property went on the market for twice the amount the City - offered. Since that time, I have been reviewing property along Highway #12. This particular piece of property before you now located at the northeast corner of Highway #12 and Willow Drive owned by Mr. Todd Fruend, has been reviewed by myself, staff, and Mayor Brad Van Nest and is an ideal site for future location of municipal buildings , primarily the Public Works Department. With the cost of land increasing substantially each year, it would be in our best interest to acquire land for future uses as soon as possible. [ae are presently reviewing methods to finance this acquisition and I would want you to reaffirm your support in negotiating this purchase, based upon funds being available. Butler moved, P4ayor Van Nest seconded, to instruct the City Administrator to continue negotiating the �urchase of the property located at Highway #12 and Willow Drive. Motion, Ayes ) 4) - Nays (0) . � � 7�i�;.}���:�i 4 i, .-.i:�; _ ; Page 30 �-`- - � -`-�- �r r� � - �. -,- -`- � .. ��.�._ !� i_ �? •li �J'' . _�.�_,\l'�l� .. ' ,i� f � Fc�t U:1ice� fioa GG•Gr���+.��1 ►:a�', ,`.linne•�o!.-: ;�`�';3:;•.'�?unici;,al C)if��-c: i � � j . On thc .'�'urth Sh�rc or Lck.e .'�:i1:nf�;��r,�a F "' t - - , � - : ��::� f� �=� .__ ._ _ I April 4, 1978 Long Lake City Council � Long Lake I�innesota 55356 Dear Mayor and Councilmembers: � After reviewing the material which I have enclosed for your review and in reviewing our City Attorney' s opinion of February 7, 1969 and March 16 , 1978, and in view of the results of the last dispute whereas the City of Long Lake has assumed the obligation of paying all utility and maintenance costs, the Orono City Council' s c3ecision based upon this data does not agree to assume the responsi- bility of paying utility or maintenance costs on the booster station. Your minu-tes of February 16, 1978, refer to the Orono pumping station on Orono property, but the contract initiated on December 13, 1967, states that the pumping station is located in Long Lake_ We feel that it is very difficul.t to justify a water rate reduction to a user based upon shifting rtaintenance and utility costs from one _ City to another, when in fact, the original rates were determined - by those projected costs_ _ - ' I also received last week a letter dated January 16, 1978, to your Public Works Director, Mr. Marv Wersner, from Mr_ Lyle Swanson_ � ?ir. Swanson and I discussed this r.tatter of increased water c3emand for the Orono School system when watering their lawns last su��uner. jae determined at that time that it was apparent that the booster punps were pumping as designed (according to Mr. Swanson in his letter of January 16, 1978) and that the school was now using r.�ore water on a demand basis at certain times than was originally planned. . If this is the case, it is obvious to rae th at the City of Long Lake and Orono shall not be responsible for assuming costs to furnish more water to the schools on a demand basis than was originally planned. This situation certainiy does not apply to Section 2. 19 of the agreement. If, in fact, the Orono School does require more water than what the engineers, Mills Engineering Company, had originally �esigned the booster station for, then we should arrange a meeting with tne school, the engineers, and the I,ong Lake and Orono City representaLives to discuss this matter further. 4 . • Page 31 - _ - _ �: �,_,-�., _ _ 1 ;.::i � ; , 157E ^��e 2 If there are any cu:-sLio�s, nlc�se feel free to call r.�e at my office, 473-7357. Sinc�7ely, ��� '� ,�i : �•,alt� , enson City Adrministrator . Enclosure cc: [ailliam Fenholt, Orono School District - Orono City Council Bruce Malkerson, City Attorney John Gerhardson, Public Works Coordinator , , a REGULAR MEETING OF THE ORONO COUNCIL, APRIL 13, 1978 Page 32 � Butler noved, P�ayor Van Nest seconded, to approve BIG ISLAND LETTER the letter to Mr. Cliff French, Superintendent April 6, 1978 of Hennepin County Park Reserve District, from Dick Benson, City Administrator, dated April 6 , 1978. Iiotion� Ayes (4) - Nays (0) . "It was brought to our attention by Mr. Howard P�Ieagher, member of the Lake r4innetonka Association, that at their last meeting comments had been made that the City of Orono has provided, through their policies, a provision to enable the Hennepin County Park Reserve District to condemn land on Big Island for park land purposes. It should be noted for the record that at the December 12 , 1977 Council meeting when you were in attendance to discuss the Reserve District' s interest in purchasing Mr. Gridley' s property, it was stated for the minutes as a rnotion that the City of Orono is not interested in seeing any of the land on Big Island condemned for Park Reserve acquisition and would rather see the Park Reserve District pUrchase land and buildings as they are put on the market by willing sellers. It was also reaffirmed at our riarch 30, 1978 Council meeting by motion, that: "It is not Orono' s intent to condemn property on Big Island for park and recreational purposes but to encourage land to be purchased on the open market when available and according to an approved plan submitted by the Hennepin County Park Reserve District. " End of letter P4ayor Van Nest moved, Pesek seconded, not to EMPLOYMENT OF MINORS adopt an ordinance relating to sale or service of liquor and beer regarding minors, at -this time. Motion, Ayes (4) - Nays (0) . Mayor Van Nest moved, Paurus seconded, to approve PLATTING ORDINANCE drafting a letter to be presented to interested , developers informing them of our proposed Platting Ordinance. Motion, Ayes (4) - Nays (0) . r4ayor Van Nest moved, Paurus seconded, to approve LICENSES the following licenses: r4otion, Ayes (4) - Nays (0) . Cigarette License Jimmie' s Lounge - Jimmie G. Holtz � (Continued) � �t � . REGULAR MEETING OF TFiE ORONO COiJPJCIL, APRIL 13, 1978 Page 33 Earl Day & Sons - Plumber & Sewer Hookup LICENSES Arvid Goepfert - Sewage Disposal Installation (Continued) Heins Plumbing - Plumber & Sewer Hookup - Sewage Disposal Installation Hopkins Plumbing & Heating - Plumber & Sewer Hookup Leuthner Well Company - Well Driller r'IcGuire Plumbing & Heating - Plumber Mound Plumbing Company - Plumber Murphy Plumbing & Heating Company - Plur.mber & Sewer Hookup Chet Norman Plumbing, Inc. - Plumber Penn Plumbing Company - Plumber E.H. Renner & Sons, Inc. - Well Driller Standard Plumbing & Appliance Company, Inc. - Plumber & Sewer Hookup Sullivan' s Service, Inc. - Sewage Disposal Installation Thompson Plumbing Company - Plumber Westonka Plurnbing & Heating, Inc. - Plumber & Sewer Hookup Volkenant & Sons , Inc. - Plumber & Sewer Hookup - Sewage Disposal Installation Butler moved, Paurus seconded, that the All BILLS Funds Accounts 6410 through 6452, 10879 through 10881, 2093 through 2155, 19722 through 19724, 19730 through 19732 and Liquor Store Accounts 12456 through 12471, be paid. Motion, Ayes (4) - Nays (0) . Butler moved, Paurus seconded, that the meeting ADJOURNMENT be adjourned at 11: 40 P.M. PZotion, Ayes (4) - Nays (0) . . / l J / q f y LLZ, � � � Wi liam B. Van est, Mayor Attest: -�� ,�,�.� — Walter R, son, Clerk-Administrator i