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HomeMy WebLinkAbout04-27-1978 Council Minutes � � . CITY OF ORONO ' , Regular Meeting of the Orono Council, 7: 00 P.r4. April 27, 1978 The Orono Council Met on the above date with the following members present: Mayor Van Nest, Councilmembers Butler, Paurus and Pesek. Absent: Councilmember Massengale. Also present: City Administrator Benson, City Planner Olson, City Attorney Malkerson, and City Engineer Olson. Mayor Van Nest moved, Butler seconded, to approve MINUTES the PZinutes of the Special Meeting of April 17, April 17, 1978 1978, as amended. P�otion, Ayes (4) - Nays (0) . No comments from the Park Commission. PARK COMMISSION No comments from the Planning Commission. PLANNING COMMISSION Councilmember Paurus, representative to the LMCD REPORT Lake rsinnetonka Conservation District, announced that the Board did approve draft #19 concerning the LP1CD Dock Ordinance. Mr. Alan Olson, City Planner, entered into the VARIANCE record the following information concerning a 115 Smith Avenue variance request of Ben Dye, 115 Smith Avenue, #364 dated March 17, 1978, which states: Ben Dye This property is located in RR-1B Zoning District (two acres) . Lot size and location of existing s.tructures are non-conforming. Mr. Dye would like to build a 12 ' X 24' addition to the rear of his existing residence. A 50 ' rear yard setbacic is required in this district. The proposed addition would result in a 3' encroachment of the 50 ' setback requirement. A variance of 3' would be necessary for approval. Since the one variance is necessary, I would suggest we address the remaining non-conformities. The lot lacks 100' in width and 68,970 sq. ft. in area. The existing garage is approximately 12�' from the road so a variance of 37�' is necessary. I believe we could request the applicant to remove the existing non-conforming kennel. The following exhibits are enclosed: 1. Exhibit A - Variance application form (Continued) REGULAR DZEETING OF THE ORONO COUNCIL, APRIL 27, 1978 Page 2 ' 2. Exhibit B - Survey locating existing structures VARIANCE and proposed addition 115 Smith Avenue 3. Exhibit C - Plat map indicating site location (Continued) 4. Exhibit D - Property owners list (neighbors) 5. Exhibit E - Letters from neighbors with no objection (Backstrom, P4erchant & nuay) 6 . Exhibit F - Letter from applicant explaining proposal Staff - April 4, 1978 Recommend approval subject to verification of septic system location and operation prior to building permit issuance. Planning Commission - April 10, 1978 Mr. & 24rs. Dye were present. He agrees to rer.iove or relocate the existing kennel. Planning' Commission recommends approval subject to removal of the kennel and review of the septic system operation prior to issuance of the building permit. Council P4eeting - April 27, 1978 Butler moved, Pauurs seconded, to approve the variance request of Ben Dye, 115 Smith Avenue, per the Planning Commission meeting of April 10 , 1978, and to adhere to the newly adopted on-site disposal regulations. Piotion, Ayes (4) - Nays (0) . Mr. Alan Olson, City Planner, stated that on SUBDIVISION P�arch 30, 1978, staff received a call from Mr. Big Island Gridley asking for an appearance, then received #309 � calls from D4r. Gridley and Mr. Cliff French, Durwell Vetter �iennepin County Park Reserve District, respectively, requesting a delay to April 27, 1978 and advising that land sale had proceeded on Big Islan�. Council Meeting - April 27, 1978 Mayor Van Nest moved, Pesek seconded, to table the subdivision request of Durewll Vetter, Big Island, until more complete information is available. Motion, Ayes (4) - Nays (0) . Mayor Van Nest moved, Butler seconded, to table BO�TDARY REARRAIdGEMENT the Wayzata Country Club request for a boundary 6Vayzata Country Club rearrangement until more complete information is available with Council comments to applicant and staff that it appears that there are no compelling reasons to change boundaries at this time. Motion, Ayes (4) - Nays (0) . . REGULAR MEETING OF THE ORONO COUNCIL, APRIL 27, 1978 Page 3 Mr. Randy Blohm, attorney representing the Navarre NAVARRE DRIVE-IN Drive-In Theatre, discussed his letter of April 21, THEATRE LICENSE 1978, which states: "Evidently there has been some confusion regarding this license application and the Council's review of the application and adoption of Resolution #898. As I mentioned to Mr. Iulalkerson this rlorning, it was my understanding and that of r'Ir. Braverman that the Council would defer further consideration of this matter until the April 27 meeting. This was the substance of our conversation with P�r. Benson on the afternoon of April 13. We were prepared to attend the meeting that evening, but were assured that attendance was unnecessary. As we explained at that time, Northwest has offers pending from two developers for the theatre property. It would seem that any reasonable conditions that the Council might wish to impose on issuance of the license should reflect this prospect of imminent development. We request that the application of Northland Cinema Theatre Cooporation for a license to operate the Navarre Drive-In Theatre during the 1978 season be put on the agenda for further consideration at the April 27 Council meeting. �tepresentatives of Northwest Cinema will be �resent to request that the Council reconsider Resolution #898, and also to discuss efforts being made to sell or develop the Property and other pertinent matters. " ,. . Dick Benson, City Administrator, reviewed his letter dated April 24, 1977, which states : "As discussed the afternoon of April 13, 1978, with myself and, as I understand, later with Mr. Olson, our Building and Zoning official, the conversation was, 'should we attend the Council meeting this evening in as much as we would rather not make an extra trip out there if we do not have to.' You were informed that the theatre license was on the agenda and that it would be up to the City Council to decide what action should be taken. As you are aware, the City Council did grant you , a license .as per Resolution #898 to operate subject to conditions discussed at our Council meeting of March 30, 1978, when you were in attendance. We will be prepared to discuss this �dopted resolution with you at our April 27, 1978, ouncil meeting. " (Continued) i . REGULAR MEETING OF THE ORONO COUNCIL, APRIL 27, 1978 Page 4 � Dir. Blohm continued by stating that we had NAVARRE DRIVE-IN requested that this matter be tabled on the THEATRE LICENSE afternoon of April 13, 1978. We have done a (Continued) great deal of work on this matter. The total cost of constructing a fence is very expensive. Mr. Blohm submitted two estir.tates, which are: Estimates - Page 5 Mr. Blohm submitted photographs of the entire property showing the total area requested by the Council to be fenced.. Mayor Van Nest: How do you control the area and keep people out? Mr. Blohm: If people do not have an admission ticket, they are requested to leave. We have been talking to potential developers , but they are slow and to date, we have no offers. The Tonka property is still for sale. The require- ment to erect a fence is unreasonable and perhaps an attempt to selectively enforce theatre ordinances. I see two problems: 1. Theatre 2. Regulate piece of land We have attempted to correct your conditions tQ � our license last year such as speakers, drinking, excessive noise, etc. and I believe we have accomplished this. I do not believe it is proper as a condition to our license to require a fence to keep out minibikes. We can install chains and posts at areas that are accessible to cars and motorbikes. - Mayor Van Nest: Our Chief of Police has told us that situations occur that the police are afraid of. Councilmember Pesek: Noise and visual barriers are what we need. Mayor Van Nest: Our records documenting problems go back to 1970. Mr. Blohm: I have reviewed police files. Mayor Van Nest: I have reviewed complaints from citizens. A fence is necessary for protection of safety, health and welfare. We can show you information that tells us that there is a probler.l. (Continued) r , , GRQSS�Vi�f� IFEf�CE CO. Page 5 i ��-�pQRT{{�• GOLDEN VALLEY, MINNESOTA 55427 (n��4 C�1ric.�11Q(L.t_y,�C�, 545-080�' � April 26, 1978 Northrest Cinema Corp. . . 595o tiyayzata �iva. . rTpls. , � 55426 ' Dear Sirs: • Below is our bid for fencing at 366o Shoreline Dr. Navaare, h'�3 . 2833 feet of 6' 9 gauge chain link f ence or 6' v�ood fence 6 corner posts � 2_ gate posts 1 20� gate CHliIN LINK � 2833' - 9 6a• 6' wire 2833+ - 1 5/8" top rail', structural v�ei�t 2 1/2" O.D. by 8�6" structural weig�t line posts Loop caps, tie wires, etc. 1 - 20� gate . � � _ 6 - corner nosts 3" 0.�. , 2 - gate posts �" O.D. - MATERIAL �10, �0.00 (Subtract �.1}5,� linear f oot SALES TAX _ 3 .60 for 7 gauge coiled tension L.1BOFc 3, 2 .00 wire instead of top rail) TOTAL �15s25�•�� - WOOD � � 2833� - 6' rough cedar alternating board on board, Grade A 1 - 20� gate 6 - corner posts 2 - gate posta " r.qATERI AL �18,41 .50 sar�s Tax 73 .58 LABOR 7,082.50 TOTAL $26,233.58 incereiy �' ��'l �C.(J',211�'�0✓� : � REGULAR MEETING OF THE ORONO COUNCIL, APRIL 27, 1978 Page 6 Mr. Blohm: The Police Chief' s concerns are mini- NAVARRE DRIVE-IN bikes and noise. We are requesting that a temporary THEATRE LICENSE license be issued now. (Continued) Mayor Van Nest: I cannot support that. The City has tried in every way to work with the theatre management in solving the problems at hand. I met with Mr. Braverman at Hart' s Cafe last year attempting to assist him in resolving the theatre' s problems. At the last Council meeting in March, the theatre people told us that they wanted to open by April 27, 1978 or April 28, 1978. We have waited patiently for some response from you. Mr. Blohm: Again, we are requesting a temporary license tonight. Mr. Malkerson: The Council has approved a resolution. You can review it at a later date or you can reaffirm that resolution now, if you like. Mr. Blohn: As a temporary solution and an alternative, I propose posts, chains, and security. Mayor Van Nest moved, Butler seconded, to agenda the Navarre Drive-In Theatre license for the next meeting to discuss and consider their request. Discussion followed. Mr. Blohm: We will agree to all of Resolution #898 except the fence. We will agree to posts, chains, no trespassing signs, and securit� service (two trips a day) . Mayor Van Nest moved, Butler seconded, to withdraw � the previous motion. Pesek moved, Butler seconded, to deny the request for a temporary license for the Navarre Drive-In Theatre. If new information is available, Council will consider at their next meeting. Motion, Ayes (4) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, APRIL 27, 1978 Page � Pdr. Alan Olson, City Planner, presented the City FLOOD INSURANCE Council with a letter received from the Department STUDY of Housing and Urban Development, concerning a flood insurance study, dated April 17, 1978. Letter - Pages 8-17 Council Meeting - April 27, 1978 ' Mr. Olson stated that staff have not had time to review the recent flood plain maps. Mayor Van Nest: It appears that potential flood areas are included in these recent maps that were not originally presented to us. Paurus moved, Butler seconded, to instruct staff to submit a letter to the Federal Insurance Administration outlining our concerns. Motion, Ayes (4) - Nays (0) . Mr. Alan Olson, City Planner, informed the City P�IARINA COMMITTEE Council that the P.Zarina Committee met last week REPORT and that we do not have any minutes or recom- mendations at this time. I will enter this on our next Council agenda. Pdayor Van Nest moved, Pesek seconded, to table the Marina Committee report until the next Council meeting. Motion, Ayes (4) - Nays (0) . Mr. Jim Olson, City Engineer, informed the City HIGHWAY #12 Council that the District #5 Engineers have Channelization & informed him that the proposed lighting and Lighting channelization for Highway #12 will be completed during 1979 and they are requesting approval of the resolution submitted by them approving the project this evening. " Mayor Van Nest moved, Pesek seconded, to adopt RESOLUTION #903 Resolution #903, a resolution approving the Highway #12 proposed lighting and channelization for High- Channelization & way #12 to be completed in 1979. Motion, Lighting Ayes (4) - Nays (0) . Mr. Jim Olson, City Engineer, discussed his letter ORONO-LONG LAKE from John Boland,�.rietropolitan Council Chairrtan, INTERCEPTOR LETTER dated April 20, 1978. � April 20, 1978 Letter - Pages 18 & 19 y[MT Q' . �� � ' t ` Page 8 , 's�� II��� II co DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ���sn�pM+�� FEDERAL INSURANCE ADMINISTRATIpN WASHINGTON, D. C. 20410 , _ � IN REPLY REFER TO: CERTIFIED MAIL �'�"`-"'•"�- �^�-" _ ' • ii�• f.� ,, �- RETURN RECEIPT REQUESTED �,� �; �: ; : • ` IFE(162) : � � ,; � FLO-1 April 17, 1978 � � . %4�'(C -� _,,,� . _ Honorable Brad Van Nest Mayor, City of Orono VILLfiG'� �:i ni�'�:.� P. O. Box 66 Crystal Bay, Minnesota 55323 Dear Mayor Van Nest: This is to formally notify you of the final flood elevation determination for the City of Orono, Hennep�n County, Minnesota in compliance with Part 1917, Chapter 10, Title 24, Code of Federal Regulations. This section requires that notice of final flood elevations shall be sent to the community's Chief Executive Officer, all individual appellants, and the state coordinating agency, and shall be published in the Federal Register. On September 26, 1977, your community was provided copies of the Flood Insurance Study and Draft Flood Insurance Rate Maps for information and review. Those documents notified the community of the proposed base flood elevations, which were subsequently published in The Lake Minnetonka Sun on November 16, 1977 and November 18, 1977. Within the ninety-day appeal period provided for in Section 110 of the Flood Disaster Protection Act of 1973, the Federal Insurance P_dministration (FIA) has not received any appeals of the proposed base flood elevations from officials or individual residents of your community. Other appeals or inquiries which FIA may have received regarding data other than the base flood elevations will be resolved before the Flood Insurance Study and Flood Insurance Rate Map (FIRM) become effective. Accordingly, the determination of the Administrator as to the base flood elevations for your community is considered final. The final base flood elevations are identical to the proposed base flood elevations published in the above- mentioned newspaper and the Federal Register at 43 FR 3576 on January 26, .1978. The final base flood elevations will be published again in the Federal Register as soon as possible, and they are reflected in the accompanying proof copies of the Flood Insurance Study and FIRM. The FIRM will become effective six months from the date of this letter. Before the effective date, FIA will send you final printed copies of the FIRM and Study. Page 9 Honorable Brad Van Nest . Page �ao � Since the Flood Insurance Study establishing the 100-year base flood elevations for your community has been completed, certain additional requirements must be met under Section 1361 of the National Flood Insurance Act of 1968, as amended. The community is required, as a condition of continued eligibility in the National Flood Insurance Program (NFIP) , to adopt or show evidence of adoption of flood plain management regulations that meet the standards of Section 1910.3 (d) of the enclosed Program regulations (24 CFR 1909, etc.) within six months of the date of this letter. These standards are the mini.mum requirements and do not supersede any state or local requirements of a more stringent nature. The Standards of Section 1910.3 (d) which your community is required to meet are explained in brief on the attachment accompanying this letter. Zt mus't be emphasized that all of the standards specified in this section of the program regulations must be enacted in a legally enforceable document. Some of these standards should already have been enacted by your community in order to establish initial eligiblity in the National Flood Insurance Program. Therefore, compliance by your community with the additional flood plain management requirements may be accomplished in a number of ways. For example, your community may: (1) incorporate existing regulations by reference in any new regulations adopted to meet the additional requirements of Section 1910.3 (d) , or (2) adopt all of the 1910.3 (d) standards in one new, comprehensive set of regulations, or (3) show evidence that regulations have previously been adopted which meet or exceed the minimum _ requirements of Section 1910.3 (d) . _ Communities that fail to enact the necessary flood plain management regulations will be suspended from participation in the program and . subject to the prohibitions contained in Section 202(a) of the 1973 Act as amended. � The effective date of your co�nunity's Flood Insurance Rate Map (FIRM) also marks the date that actuarial rates for flood insurance will be charged for all new construction and substantial improvements to existing structures, and these rates may be higher if construction is not built in compliance with the flood plain management standards of the National Flood Insurance Program. As you may know, the actuarial flood insurance Page 10 ' Honorable Brad Van Nest - Page Three • � rates increase as the first floor elevation (including basement) of new construction decreases in relation to the base flood elevations established for your community. This is an important consideration for new construction since building at a higher elevation can greatly reduce the cost of flood insurance. Also, on the effective date of your community's FIRM, additional "second layer" coverage, which will double the available coverage, will become available. First layer coverage on existing structures built prior to the effective date of the. FIRM will continue to be available at subsidized rates (unless substantial improvements are made) ; it will also be available at actuarial rates and can be purchased at whichever rate is lower. If your community is encountering difficulties in enacting the flood plain management measures, we urge you to contact FIA. You may either contact the Office of the Federal Znsurance Administration, Regional Director in Chicago at (312) 353-0757 o'r members of our staff in Washington, D. C. at (202) 426-1891 to assist you with any problems in interpreting the program regulations, or with any other difficulties you might be having in meeting the program requirements. Sincerely, . Gloria M. Jimenez Federal Insurance Administrator �%���L�// By Richard W. Krim� Assistant Administrator for Flood Insurance Enclosures ; Page Tl FLOOD PLAIN :iANAG�SEN? REQUIB�'`gNTS OP SECTION 1910.3(d) IN BRIEP The lisL belov outlines the flood plain aanage9ent requirements of Section 1910.3(d). T'hese requirenencs are stated in re�atory language and are intended to serve as a guideline in , formulating adequate flood plain manage�ent regulation�. S7hile the standards se[ out below � must be adopted consiscent vith Section 1910.3(d), they should be tailored for consistency vith local regula[ory language and co�nunity neede. Section 1910.3(d) requires that coc�unities participa[ing ia the Nacional Flood Insurance Program apply flood plain sanagemen[ aeasures ia areas identified by the Federal Insurance Administration (FIA) a� having special flood hazarda by zones A1-30, A0, and unn�bered A zones on [he comunity'� Flood Insurance Rate tSap (FIR*S). The folloving minimum require�ents apply in all zones designated on the FIRM: 1. Require per.ai[s for all proposed development in any area of special flood hazard. The term "development" Ss defined [o mean "any man—ca de change Co improved or uniflproved real esta[e, including but not liaited to buildinge or other structures, miniag, dzedging, filling, grading. paving, excavation or drilling operation�." 2. Reviev peraits for proposed developnent to assure that all other necessary permit� have been received from those governnental agencies from vhich approval is :equired by Federal or State lav. � 3. Requlre iha[ nev construction (including prefabricated buildings and nobile heaes) aad substantial iaprovements be anchored [o preven[ flotacion and laceral movemen[, and be construcLed vith flood resistant materials and me[hods. (See Section 1910.3(b)(8) for anchoring atandards for mobile homes). 6. Assure that subdivision proposals and proposals for other developmeats, including [heiz - utilitiea and drainage, are located and designed to be consisteat rrith the need to miaiaize flood damage. S. Require that all subdivision proposals and othez proposed nev developoents greater thaa � 5�J lo[s or 5 acres, vhichever is less, include base flood eievation data. � 6. Require nev vater and sever systems (including on—site sysie�s) [o be located and des:gned to avoid i�pairaent. ' � � 7. Ob[ain and maintain zecoids of elevations aad floodproofing levela for all nev or substantially improved structures. and vhether or not such structures contaia a bas�aent. . 8. In rioerine situa[ions, notify adjacent co�uni[ies and the State Coordinating Office , prior to any alteration or relocacion of a vatercourse and submit copies of such , notifica[ions to FIA. Liithin the altered or relocated portion of aay vacercourse, ; assun that the flood carrying capacity is maiatained. � � The folloving minim� requirements apply ia specific =ones designated on the FIRH: j9. In unmmmbered A zones, obtain, reviev, and reasonably utilize base flood elevation data • from alternative sources. pzior to its being provided by FIA through ite Flood Insurance , Rate Study, as criteria for requfzing that all aev residential structures and substantial improvemen[s to existing structures have their lovesi floor (including basement) eleva[ed t to or above the base flood level, and that new aonresidential structures and subatantial , improvementa to existiag structures have the lovest floor (including basemeat) elevated or � floodproofed to or above che base flood level.* 10. In zones A1.-30, for nev con9truction and substaatial improvements, require that: Residential structure� have the lovest floor (including 5asemeat) elevated to or above ` the base flood level. unles� Che comunity is granted aa exception for all Che allovance � of basementa andlor stora cellars by the FIA. ' ' Nonresiden[ial struciurea have the lovest floor (including basemen[) elevated to or above • the base flood level; or be floodproofed to or above that level.* r t t . Page 12 11. In zone A0� for nev conetruction and substancial improvements. require tha[: Resldential stnctures have [he lovest floor (including basemen[) elevated above the crow of the nearest street co or above the depch nuWber specified on [he co�unity's _ FIRH. Nonresiden[ial struc[ures have [he loves[ floor (including basemen[) eleva[ed above the crovn of the nearest stree[ to or above the depch nimber specifled on the cor�unity's FIRM; oi be floodproofed to or above [hat level.* 12. In zones A1-30 and AO vhere floodproofing is used in lleu of elevation, require that a registered professional engineer or architect certify Chat the floodproofing methods used are adequate to vithstand the forces associated vi[h the base flood and submi[ such certification to the cocauni[y; or submit to che FIA for approval, local regulations contalning detailed floodproofing specificatioas vhich meet the vacertight perfo r.�ance standards of Sec[ion 1910.3(c). 13. In zones A1-30, for nev� substantially improved, or expanded aobile home parks or%/ subdivisions and for oobile home placeaent not ia existiag mobile home parks or- subdivisions, require: that stands or lots are elevated co or above the base flood level,- [hat adequa[e access and drainage is provided. and if pilings are used for elevation, . [hat the construction standards for elevation on pilings are me[ (see Section 1910.3(c) (S)(iii))- 16. Adopt a regulatory floodcray and assure chat it is designed to carry the vaters of the base flood vi[hout Snczeasing the base flood level more than one foot at any poin[. � 15. In the regulatory floodvay, prohibit any developmea[ or encroachment (including fill) vhich vould result ia any increase in flood leveis during the base flood discharge'; 16. In the regulatory floodway, prohibit the placemen[ of mobile homes, except ia existing mobile home parks or subdivisions. *Tt�e [erm "floodproofed" is detined to mean "vatertight vi[h valle substant±ally iapermeable to the passage of vacer and vith structural component� having the capability of resisting hydrostatic and hydrodynamic loads and effectn of buoyancy." • Sectioa 1910.3(d) - Su�ar� . - Januar� 1977 . Page 13 4210-01 TITI.B 24 -- HOUSING AND URBAN DEV�LOPMENT CHAPTER X -- FEDERAL INSURANCE AI�A'1INISTRATION SUBCHF��rn'R 3 -- NATIONAL FLOOD INSURI�NCE PROGRAM � D I� ►i� 1� �� � r� (Docket No. FI-3842) , L� V L`� ;J �: �� PART 19Z7 -- ��?EALS FROM FLOOD ELEVATION _ r,.=t? I3 1�j$ � Dr,�RMINATiO�7S AND JUDICIAL REVIEW Final Flood Elavation Determinations for VILL�GE OF O�C��� THE CITY OF ORO�O, HENNEPIN COUNTY, riI2�"�7�S�1'A AGENCY: Federal Insurance Administration, HUD. ACTION: Final rule. SUMMARYs ' - Final base (100-year) flood �levations are listed bz?ow for selecte8 locations in tlze City of Orono, �=�nepin County, Minneso�a. I These base (.100-year) ilood ===vations are tlze basis for the flood plain na.�acement measures tha� t�P cor►miunity is required to either adopt or show �vi_yeace of b�ing alrea�y i� effect in order ta qualify or remain c,�?i=ied for par�ici�ation in the National Flood Insurance � Progra� (�=�) - � ( EFFECTI�� �=�%: Ti^,z c�:� o� issuance pz the Flood Insurance Rate Map (FIRM) , � S?;�,:��g �=_se (100-year) =1ood elevations, for the City of Orono, � Niinne so�. Il - - . --- , Page 14 � . Z . � ADDRESSES: Maps �.�c other info^�ation showing the detailed outlir.es of the .`� flood-p=c�� �Teas and thz rinal elevations for the City of Orono, are available �c•r review at C`r�no City i?all, Orono, Minnesota. FOR FURT'r�ER INFORMATION CONTACT: Mr. Richard Krimm, Assistan� Administrator Ofiice of Flood Insurance (202) 755-5581 or Toll Frze �i.ne (800) 424-8872 Room 5270 ' 451 Seventh Street, SW. Washington, D.C. 20410 SUPPLEMENTARY INFORMATION: - - - J The Fed�ral Insurance Ad.*ain�strator gives notice of his final determinat_ons of flood e3e�a��-.�s =or the City of Orono, Minnesota_ This final rule is issu�� =^ accordance with section 110 of the Flood Disaster Prot�ction Act �= 3973 (Pub. L. 93-234) , 87 Stat. 980, which�ad3ed section 1363 to th� ?vational Flood Insurance Act -of 1968 (Title X��� o� the H�using ar.3 t3rban Development Act of 1968 (Pub. L. 90-448) , 42 II.S.C_ 4��1-?123, z-�d ?� C=R Past 1917.4(a)) . An opportunity for the co�unitq o� =zdivic�.:a?s �o a�peal this determination to or through the commun_�L-z% _�= a �eriod c� :i*:e=y (90) days has been provided. No appeaZs oF L't1e propos-c�.' bz=� flood elevations were received from the co_:�:.:�_�y o= �ro� ir.���id•�ls within the community. - ,, � . Page 15 . 3 � � The A^.:m��istrator has dev�loped criteria for flood plain management in flood-p���� �reas in acco�3anc� with 24 CFR Part 1910. - The fLal base (100-y��) rlood elevations for selected locations _ are: Elevation, feet, National Geodetic Source of Flooding Location Vertical Datum L`nna�a�d T��u�a�y to St�::�bs 'T'or�ta Av�nue 93a � Bay, Lake Minnetonka C-estvie�a Avenue 9=0 Leaf Street crossing at . a�proximately 2300 feet above the mouth 959 t4a�ertown Road 970 Pond E Shoreline 904 Pond F Snoreline 961 ' Pond B S:crzl�.ne _ 931 Pond A ��eline 931 Pond C 5�'-c-eline 931 / Pond D - Shc=�iine 931 l. - Pond G 5:�o_eline 936 Pond H Casco Point Road 935 - aD�,roximately S00 feet so��thwest along the ' road fro:n its intersec- tion with Frederick - Str2et �:; Ca�tna.*� 3z� '�ke !3��netoz�ca Shoreline 931 `` . ' ', , - Page 16 � 4 ' � Elevation, feet, National Geodetic Source of �_�ocing Location Vertical Datum - �9est Arm ��ce �•!�nneton3ca Fagerness Point Road 931 approximately 550 feet southwesterly along �he road from its intersection with Concordia Street North Arm Lake Minnetonka Shoreline 931 Crystal Bay, Lake t:innetonka �:�oreline 931 :i I . . � . , � ' Page 17 � 5 (National �I� Insurance Act of 1968 (Title XIII of Housing and Urban =, Developr►en� �ct of 1968) , e-ective January 28, 1969 (33 FR 17804, � November 28, 1903) , as amer_c�; 42 U_S.C. 4001-4128; and Secretary's i delegation of authority t� �edera,l T_nsurance Administrator 34 FR 2680, _ February 27, 1969, as amenced (39 FR 2787, January 24, 1974)) . � � Issued: Patricia Roberts Harris : Secretary - � �� .�� Metropolitan Counc�i O,Z�a.� n r � 5 � , ��� •�,�; C; ���; ��� 300 Metro Square Building '4 O �'� ' �•� `-- ' ' � 4 � 't Seventh Street and Roberf Street O '�'`' .�- G� �x�: '� _`�.% Qfll � ' Sa�nt Paul, Minnesota 55101 � � u �� ` `` Telephone (612) 291-6453 � Office of the Chairman �� � t' �".,,��NC1T��g' �«L�•,°;_�.�. ���s �`��"� �,� April 20, 1978 I1�. ' Page 18 Mr. James C. Olson City Engineer, City of Orono Bonestroo, Rosene , Anderlik & Associates Inc. 235 W. Trunk Highway 36 St. Paul, Minnesota 55113 � Dear Mr. Olson: In response to your letter to Bob Mazanec dated April 10 , 1978 , asking three questions regarding clarification of items related to the Orono- Long Lake interceptor, we make the following reply : 1. What is the correct amount of the ultimate capacity of the Orono- Long-Lake interceptor? � As you point out correctly, the average ultimate daily flow indicated by Addendum No. 3 , Revised Table 10, of the preliminary engineering � report is 1. 77 mgd. The revised system statement will be amended � accordingly. 2 . What is the correct amount of the ultimate design flow from Orono? As you again indicated correctly, Addendum No. 3, Revised Table 10 indicates the ultimate capacity in the Orono-Long Lake interceptor designed for Orono is 1. 14 mgd. An appropriate amendment will be made to the system statement . 3. What is the correct criteria used to determine the design cap�city per capita of the Orono-Long Lake facility? Mr. Mazanec ' s letter of March 8 , I978, indicates 83 gallons per capi.ta per day, the Orono comprehensive sewer plan indicates 115 gallons per capita per day. The Council takes no position on what design capacity per capita should be used by the City of Orono in the preparation of its plans . Accordingly, use a figure which the City of Orono , on the basis of its own experience, views as reasonable, You requested Bob Mazanec to �rovide you with guidelines for the content of the Orono interim CSP. Such guidelines are enclosed. Any questions regarding the guidelines should be addressed to Ray Odde of the Waste Control Commission. Si c ly yours , � JB/c , , n Boland Y C airman � �,, Encl. � cc: Mayor Brad VanPde s t City Manager Walter Benson I�Ir. Bruce Pialkerson, Attorney Mr. Ray Odde , P1WCC METROPOLITAN WASTE CONTROL COMMISSION Page 19 � GUIDELINES FOR INTERIM COMPREHENSIVE SEWER PLANS lo review any sanitary sewer extension against a Comprehensive Sewer Plan, the following Interim CSP inf_ormation as listed is required: 1. � Three copies of your sanitary sewer construction program for the period up to June, 1981; your best estimates by year will suffice. All such proposed sanitary sewer improvements shall be located within the MUSA as established in the Development Framework Guide. 2. To allow the Commission to make estimates of sanitary sewage flows to be used in our Cost Allocation Program, it is requested that you submit an estimate as to the annual number of sewer connections and flows that will be made for the next three years . The actual number of connections made for a given year must be submitted to the Commission at the end of each year as per the Rules and Regula- tions . 3. The City should adopt a. resolution, if it has not done so , incorpora- . ting the Commission' s current Rules and Regulations as a part of the City' s CSP or as rules for operating its own sanitary sewer system. 4. The City should establish a policy whereby any sanitary sewer improvements in areas outside the MUSA (i. e. , on-site sewage disposal systems) be designed, installed, and maintained in accordance with the latest State of Minnesota minimum standards for such systems . A copy of said policy should be filed with the Commission. The City has indicated in a March 15 , 1978 letter to the Waste Control Commission that it will initiate whatever action is necessary to provide adequate intercommunity sewer service in the future. The intercommunity sewer service agreement between your City and the City of Long Lake for the Hackberry Hills states that some action will be required by Orono upon the completion of the Orono-Long �ake interceptor. We assume that the City of Orono will follow through on any intercommunity sewer needs that are necessary even though the interceptor (as a forcemain) will have a different location than the previously proposed gravity sewer. Since this action may require the installation of a local sewer within a five-year period, the CSP should be revised to include a description and tentative time schedule for this improvement . ----- __- /�y ' REGULAR MEETING OF THE ORONO COUNCIL, APRIL 27, 1978 Page 20 Mayor Van Nest commented on the Orono-Long Lake ORONO-LONG LAKE interceptor, the Systems Statement, and the INTERCEPTOR Comprehensive Sewer Plan stating that on April 20, 1978, we appeared before the Physical Development Committee requesting the following as outlined in our cover letter sent to them on Tuesday, April 18, 1978 dated April 17, 1978. Letter - Pages 21 & 22 The Physical Development Committee at the April 20, 1978 meeting agreed to revise the hydraulics and allow the City of Orono to determine where they might assign additior�l flows, We will be receiving a revised Systems Statement after the D'tetropolitan Council has acted on the committee's recommendations. PZr. Herbert Klossner, Hennepin County Engineer, TANAGER LAKE BRIDGE appeared to request approval of the Plans and Specifications ,Resolution and Agreement authorizing replacement of the Tanager Lake Bridge. P4r. Klossner comr.iented that this has been before � the City Council many times during the past year and funding and bonding will run out if we cannot receive City approval. Mayor Van Nest commented that the City has cdnceptually approved the construction of Tanager Lake bridge but we are concerned with coordinating this construction with the same construction year as the Orono-Long Lake interceptor per our resolution adopted last year. Mr. Klossner stated that he has talked to Mr. Bill Moeller, Metropolitan Waste Control Commission Engineer, on the interceptor project and he said that the interceptor project will be let in July of this year. Mayor Van Nest moved, Paurus seconded, to approve PLANS & SPECIFICATIO] the Plans and Specifications for the Tanger Lake Tanager Lake Bridge bridge. Motion, Ayes (4) - Nays (0) . Mayor Van Nest moved, Paurus seconded, to approve AGREEMENT the Agreement for the Tanager Lake bridge. Tanager Lake Bridge Motion, Ayes (4) - Nays (0) . P�ayor Van Nest moved, Butler seconded, to reaffirm REAFFIRM RESOLUTION the adoption' of Resolution #873 for the Tanager #873 - Tanager Lake Lake bridge that was adopted February 9, 1978. Bridge Motion, Ayes (4) - Nays (0) . . - Page 21 , � Telephone 473-7357 y�� �. � ��u:, CITY of ORONO ?��-°�:f Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Officea ��j :i On the North Shore of Lake Minnetonka � - s • April 17 , 1978 Mr. John Boland , Chairman Metropolitan Councilmembers 300 Metro Square Building Seventh and Robert Streets St. Paul , Minnesota 55101 Dear Mr. Boland and Members of the Council : On Thursday , April 20 , 1978 , the Physical Development Committee of the Metropolitan Council will review the Systems Statement for the City of Orono and the proposed Orono-Long Lake Interceptor. Both of these items have been reviewed at length by the City of Orono for the last several years and after numerous discussions with the staffs of the Metropolitan Council and the Metropolitan Waste Control Commission, the City of Orono believes that it is in the position to recommend approval of the Orono-Long Lake Interceptor and not to appeal the most recent Systems Statement , which decision is predi- cated upon the general guidelines as set forth in a resolution adopted by the City Council of the City of Orono on April 17 , 1978 , a copy of which is included herein for your review. This resolution sets forth the understanding between the City of Orono and the staffs of the Metropolitan Council and the Metropolitan Waste Control Commission and sets forth the repre- sentations previously made upon which the City of Orono has relied in its decision not to appeal the Systems Statement and not to delay the construction of the Orono-Long Lake Intercep- tor. The City of Orono would appreciate your reading the enclosed resolution prior to the meeting next Thursday so that you will be fully informed of the city ' s position and so that there will be no misunderstandings in the future concerning the agreements reached. • Page 22 Mr. John Boland and Metropolitan Councilmembers April 17 , 1978 Page Two The resolution references a packet of documents (Exhibit C ) which are the underpinnings of the resolution; however, because of the volume of the documents and because they are not necessary for the understanding of the resolution, we have not included copies of them but have provided copies of them to the staff of the Metropolitan Council by separate letter. It is our understanding that a copy of this resolution and exhibits attached thereto will be made a part of the official record of the Metropolitan Council in regard to the Systems Statement for the City of Orono and the Orono-Long Lake Inter- ceptor. At your meeting on Thursday, April 20 , 1978 , Mayor Van Nest of the City of Orono will be present to review the contents of the resolution with you and to answer any questions which you may have. On behalf of the City of Orono, we would like to thank you and your staff for having worked with the City Council in the past in regard to these two items and to thank you at this time for your anticipated cooperation in the future . ' Very truly yo s William B. Van Nes�t ,� Mayor On behalf of the City Council of the City of Orono WBV: ss Enclosure cc: ( Resolution enclosed without Exhibit C ) Senator George Pillsbury Representative Robert Searles Councilmembers of the City of Orono Walter R. Benson, Clerk/Administrator Bruce D. Malkerson, Popham, Haik, Schnobrich , Kaufman & Doty, City Attorney James Olson, Boonestroo, Rosene, Anderlik & Associates , City Engineer Richard Dougherty, Metropolitan Waste Control Commission David Graven, Attorney for the Metropolitan Waste Control Commission John Hoeft , Attorney for the Metropolitan Council Robert Mezzanac, Metropolitan Council Staff Planner Carl Burandt, Metropolitan Council Staff Planner Douglas Hall , Minnesota Pollution Control Agency REGULAR MEETING OF THE ORONO COUNCIL, APRIL 27, 1978 Page 23 • Mr. Don King, representing the Hennepin County NOERENBERG PARK Park Reserve District, discussed and displayed �lans for the Noerenberg Memorial County Park. ��r. King discussed the total cost to accomplish all the phases of improvements, which are estimated ' to cost approximately $1,250,000. Mr. King also stated that they would want Council approval of Phase I which will hopefully be funded by Metro funds at an estimated cost of $350,000. Phase I will include projects such as: 1. Off-street parking 2. Water system 3. Restrooms Mayor Van Nest requested the Park Reserve to submit a letter to the City outlining the proposed projects for Council approval. Butler moved, Mayor Van Nest seconded, to EP�4PLOYMENT-GOLF C. approve the temporary employment of Mrs. Sally Sally Edstrom Edstrom for the Orono Golf Course Clubhouse from April 17, 1978 to June 1, 1978 at a rate of $2. 30 per hour. Motion, Ayes (4) - P1ays (0) . .sutler moved, Pesek seconded, to approve the EMPLOYMENT-GOLF C. temporary employment of Robert Edstrom Robert Edstrom for the Orono Golf Course Clubhouse from April 17, 1978 until October 31, 1978 at a rate of $2. 75 per hour. D4otion, Ayes (4) - Nays (0) . Dick Benson, City Administrator, recommended EP�iPLOYMENT to the City Council that Mrs. Kathleen Hanlin Kathleen Hanlin be employed as the Building & Zoning secretary effective May 8, 1978 at the rate of $800 per mon th. Mrs. Hanlin lives in P�aple Grove and comes well qualified with excellent references. She has had four years experience in the architectural offices of Cerny Associates and Ackerberg & Associates as accounting clerk, secretary and office services manager (coordinator) . She has experience with public contact and the much needed ability to organize the position for effective work flow. This position will continue to include responsibility for attending Planning Commission meetings, preparing �inutes, typing letters and reports, compiling agendas, answering routine questions, issuing permits , filing and backup phone reception�st. Ste�?h�n �Ianlin is currently employed by the West Hennepin Assessment (Continued) . �tEGULAR MEETING OF THE ORONO COUNCIL, APRIL 27, 1978 Page 24 • District. All concerned are aware of the situation EMPLOYMENT and feel that no conflicts will arise which would (Continued) ,omprormise their respective jobs. Butler moved, Pesek seconded, to approve the employment of Kathleen �ianlin, Building and Zoning secretary, at the rate of $800 per month, effective May 8, 1978. Motion, Ayes (3) - Nays (1) . Councilmer,iber Paurus Nay. Dick Benson, City Administrator, informed the DISEASED TREE City Council that in the past several years, the PROGRAM City staff has been, with the assistance of forester, Mr. Gerald Beach, trying to develop some type of program whereby the cost for removing a diseased elm tree could be somewhat standardized. Mr. Beach has researched the possibility of accept- ing bids whereby one company would remove diseased elms at a contract price. According to r4r. Beach, there are several companies that would be interested. Attached is a sample copy of a bid form. I am sure that there will be additions and deletions to the � guidelines on this brief outline of procedures. �utler moved, Mayor Van Nest seconded, to approve �he diseased elm tree program and to refer the bid form to the City Attorney for his review. Motion, Ayes (4) - Nays (0) . Dick Benson, City Administrator, announced the POLICE AUCTION the Police auction will be held April 29 , 1978 April 29, 1978 at 9: 00 A. M. at the Police Department Office. Butler moved, Mayor Van Nest seconded, to approve LICENSES the following licenses : Motion, Ayes (4) - Nays (0) . Elmer J. Peterson Company - Plumber & Sewer Hookup - Sewage Disposal Installation Rogers ��ell Company - Well Driller Stan' s Plumbing & Heating - Plumber Volkenant & Son, Inc. - Plumber & Sewer Hookup - Sewage Disposal Installation , , � REGULAR MEETIPdG OF T�iE ORONO COUNCIL, APRIL 27, 1978 Page 25 ' Pesek moved, Paurus seconded, that the All Funds BILLS �ccounts 2156 through 2221, 19725 through 19729 , �733 through 19735, 19740, 6454 through 6493, 10883 through 10885 and Liquor Store Accounts 12474 through 12499 , be paid. r2otion, Ayes (4) - Nays (0) . Butler moved, Mayor Van Nest seconded, that the ADJOURNPdENT meeting be adjourned at 8:58 P.M. Motion, Ayes (4) - Nays (0) . . � . �� � .� `� ;�: � '..., ,�, 'illiam B. Van Nest, Mayor � .�--��r-� Attest: � - - Walter R. nson, Clerk-Administrator