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Home My WebLink About05-11-1978 Council Minutes , � '. ` F CITY OF ORONO Regular Meeting of the Orono Council, 7: 02 P.M. P4ay 11, 1978 The Orono Council met on the above date w4�th the following members present: Mayor Van Nest, Councilmembers Butler, Massengale, Paurus, and Pesek. Also present: City Administrator Benson, Building Inspector Jacobs, City Attorney Malkerson, � and City Engineer Olson. Absent: City Planner Olson. 7: 03 P.PS. Navarre Drive-In Theatre representatives NAVARRE DRIVE-IN not present. THEATRE Butler moved, Massengale seconded, that the Minutes MINUTES of the Regular Meeting of P�arch 30, 1978 , be March 30 , 1978 approved. Motion, Ayes (5) - Nays (0) . Councilmember Norr.►an Paurus comriented that because LMCD REPORT of an increased work-load, he would serve on either the City Council or the Lake Pdinnetonka Conservation District but could not serve on both positions at this time. Mr. Paurus recommended that this matter be discussed at a future Council meeting. Councilmember Paurus discussed the current marina NiARINA LICENSES licenses that have not been before the City Council for action and recommended that these be agended for the next Council meeting for review. Massengale moved, P•sayor Van Nest seconded, to direct - staff to draft a resolution for Council review outlining policies not to accept marina license applications that are riot identical with the previous marina license year. Motion, Ayes (5)- Nays (0) . Mr. 'Fom Jacobs, Building Inspector, entered into SUBDIVISION - PRD the record the following request for a subdivision 780 Old Crystal Bay R. of Joseph Whitney for 780 Old Crystal Bay Road #360 South, dated March 9, 1978, which states: Joseph Whitney P4r. Whitney is requesting approval of the attached PRD proposal for the development of the property previously owned by Charles Kallestad. The entire property consists of 25. 05 acres. 8. 12 acres are designated as wetlands as indicated on our wetlands map. The enclosed plans indicate 16. 94 acres as dry buildable land. (Continued) , • , ItEGULAR MEETING OF THE ORONO COUNCIL, P�4AY 11, 1978 • Page 2 " The proposal consists of eight .building sites. SUBDIVISION - PRD Each is described on the plat, but only one of 780 Old Crystal Bay R. which (Lot 4) contains the required two acre (Continued) minimum lot area. Although the remaining seven lots consist of less than the required two acres, the total 16. 94 acres of dry area would provide the average minimum of two acres for each proposed site. Existing improvements, wetlands and easements on the original property restrict development � somewhat. (The location of the existing access road, the utility easement, the existing structures and wetlands. ) The applicant has not deducted the area required for the access road or 35 ft. utility easement. Deducting this total area might result in eliminating one building site. Lot 9 as proposed would be the responsibility of the association. Lot 9 consists of the access road, the setback areas between lots and the wetlands. After reviewing the proposal, we can direct the developer how to proceed. 64e will not be able to schedule a public hearing until all the � material as requested by the Planning Commission is submitted. This includes revised plans , if � necessary. I am enclosing the following exhibits which were submitted March 2, 1978: 1. Exhibit A - Subdivision application form 2. Exhibit B - Property description • 3. Exhibit C - Property owners list (neighbors) 4. Exhibit D - Copy of plat map including subject property 5. Exhibit E - Topographical map and survey of property and PRD division as proposed 6. Exhibit F - Map of proposed development in relation to surrounding developed properties Planning Commission - Sketch Plan Review - March 13, 1978 Planning Commission reviewed proposal. Two alternates were submitted (PRD and preliminary plat) . Developer requested some direction as to what design the Commission might prefer. He indicated a desire to utilize the existing road as an access to the other proposed building sites. (Continued) . r - . _ 1tEGULAR MEETING OF THE ORONO COUNCIL, MAY 11, 1978 Page 3 The Planning Commission made several suggestions SUBDIVISION - PRD including moving the access road to simplify 780 Old Crystal Bay R. platting of the property. The Commission did (Continued) not indicate any great objection to the PRD proposal. They did, however, suggest eliminating one building site for lack of dry buildable area reduced by the area of the access road. The Planning Commission also suggested the developer investigate current and projected use of existing utility easement over Lots 7 & 8. Also requested survey indicating location of existing structures with reference to existing and proposed lot lines. Also suggested developer submit perc tests and location of primary and alternate drainfields for adequate septic facility for each lot. Applicant to prepare revised plans and submit for Planning Commission sketch plan review. Staff - March 20 , 1978 The developer has submitted revised proposal (Exhibit G) . A copy is enclosed for sketch plan review at the next scheduled Planning Commission meeting. Planning Commission - March 27, 1978 - Sketch Plan Review PZr. Whitney was present_ The Zoning Administrator reviewed the revised plans which had been submitted since the last Planning Commission meeting. He explained the request is for a subdivision rather than a Planned Residenital Development. The Commission advised that the road should be addressed as a separate parcel. The Planning Comm.ission called a public hearing for April 24, 1978. It was suggested the location of the existing shed should be noted on the plans. Also, that a review should be made of soils and drainage. Mr. Whitney indicated that some testing of the soil already has been done. Public Hearing - April 24, 1978 Public hearing was opened at 7:30 P.M. The applicant, Mr. ��hitney, was present as well as three neighbors: Steve Kaster, 2675 Fox Street; Denny Kumlin, 2625 Fox Street; and Joe F�iswell, 700 Old Crystal Bay Road. The plats dated March 17, 1978 were reviewed by myself. It was noted that they consisted of seven lots all exceeding the minimum two acre 200 ' width requirement. Mr. Kaster had questions concerning the existing streams on the property (Continued) r , R�GULAR MEETING OF THE ORONO COUNCIL, biAY 11, 1978 Page 4 . and the location of homesites near the ditches. SUBDIVISION - PRD He was concerned that no backup of water would 780 Old Crystal Bay R. 'zinder his property which is to the north of (Continued) this property. He also noted that at times there is quite a large flow of water t1-crou�h that ditch. Mr. Kumlin had questions and noted the odd shape of Lot 3 and also requested to know where the building site would be on that lot. Mr. Wiswell was also concerned with the ditches and the draining on the property. City Engineer, Jim Olson, was present and he noted that he had examined the plat and recommended preliminary approval. Alan Olson read into the record the recommendations of the County Highway Engineer concerning the access location wherein he recommended a possible alternate access location along the north property line which location would provide better site distances than the proposed location, but that the proposed , location would be acceptable. The public hearing was closed at 7: 47 P.r7. Thereafter, the Planning Corunission discussed the plat. Mr. Hammerel noted that it was not feasible to move the road as the County had requested. Mr. Frahm had questions concerning Lot 7 and the drainage ditch along it, v�uestioning whether or not this was a buildable site. After further discussion, the Planning Commission recommended approval of the preliminar�� plat subj�ct �o the follow�ing �tems:, �� nlatting of the •road and drainage easements as outlots, completion of a developers agreement for the road and drainage construction, removal of existing driveway when the new road is created, completion of septic system ' testing prior to final plat approval, payment of � the park dedication fee, and other normal considerations. Staff Report - May 8, 1978 Received written recommendations from the County Highway Department. Received some soil boring information from P'Ir. Whitney and the Hennepin Soil and �9ater Conservation District Soils Piap. The soil boring information was done for construction purposes and not septic system testing and no percolation tests have been done. Brief staff , review of the soil map indicates that there may be some problems on certain lots particularly there are siting problems to locate any new septic systems in acceptable soils. Lot 2 has a very limited area of acceptaY�le soils indicated on the map; Lots 4 & 5 have acceptable soils only on the high end necessitating design of spetic systems in what would normally be the front yard and perhaps pumping effluent to those systems. Lot 7 is perhaps the most restrictive site ln that only a small area indicates acceptable types with a rather large area of hamel loam along the drainage way on the western side of the site. Staff would definitely recommend more complete septic syster.l testing of this subdivision prior to final approval. (Continued) ♦ . �REGULAR MEETING OF THE ORONO COUNCIL, MAY 11, 1978 Page 5 Council P4eeting - P4ay 11, 1978 , SUBDIVISION - PRD 780 Old Crystal Bay R. Councilmember Massengale to Pdr. Whitney: Do you (Continued) understand what is requested of you? Mr. Whitney: Yes, I believe I do. Mayor Van Nest moved, Butler seconded, to conceptually approve the subdivision request of 24r. Joseph Whitney for 780 Old Crystal Bay Road South, per the Planning Commission recommendations of April 24, 1978, subject to: 1. Soil boring review 2. Conform to Septic System Design P�ianual 3. City will not approve proposed plat if these conditions cannot be met. PZotion, Ayes (5) - Nays (0) . P'ir. Tom Jacobs, Building Inspector, entered into SUBDIVISION the record the following request for a subdivision 2400 Sixth Avenue N. by American Builders (Fred Herfurth) at 2400 Sixth #363 Avenue North, dated March 17, 1978, which states: American Builders Mr. Herfurth is requesting approval of the subject 17-plus acre parcel into four lots. Our current procedures include sketch plan review by the Planning Commission; therefore, we will not be able to schedule a public hearing on this proposal until the Planning Commission has a chance to review the sketch plan and direct staff to schedule said public hearing. The entire parcel consists of approximately 17. 4 acres. The survey indicates two wetlands areas of 0. 55 acres and 0. 60 acres as conservation and flowage easement areas. The proposal as submitted consists of dividing the original parcel into four lots - each exceeding the minimum lot area and width requirements in this zoning district (RR-1B - 2-acre area - 200 ft. lot width) . I am enclosing copies of the following exhibits submitted with the proposal: 1. Exhibit A - Subdivision application form 2. Exhibit B - Property description 3. Exhibit C - Copy of plat map location subject property 4. Exhibit D - Topography and survey of property indicating divisions as proposed 5. Exhibit E - Property owners list (neighbors) (Continued) ' �R�GULAR PZEETING OF THE ORONO COUNCIL, MP,Y 11, 1978 Page 6 Exhibit D indicates the wetland conservation and SUBDIVISION flowage easements as determined by the surveyor. 2400 Sixth Avenue N. An additional 10 ft. easement along County Road #6 is also shown on the survey as are the drainage �Continued) easements along lot lines and required setback lines on each individual lot. Copies of the subdivision proposal will not be forwarded for review by other departments and agencies until Planning Commission completes the sketch plan review. Staff - April 4, 1978 Question? What is owner' s intention with old house? Recommend that approval of Lot 1 be subject to removal of (or at least boarding up of) all existing out buildings , Access will »ave to be subject to County approval. Planning Comnission - April 10, 1978 Planning Commission scheduled a public hearing for April 24, 1978. Staff - April 11, 1978 Requests for recommendations and comments sent to: City Attorney _ City Engineer City Administrator City Public 64orks Department Chief of Police Hennepin County Public Works P�tinnehaha Creek Watershed District 2•iinnesota Department of Natural Resources Hennepin Soils & Water Conservation District Publi.c Hearing - April 24, 1978 , Public hearing opened at 7: 51 P.Pi. The applicant, 14r. Herfurth, was present. Also present was P�Ir. Fred Keller, 1255 Willow Drive North, an address in r7edina, which is to the north of this property, and Mr. Jack Rosengren, representing Elmer Ties, Willow Drive North. P�4r. Keller had questions concerning this plat and how it might affect his property and any future replat of this area. The Planning Commission responded that they were concerned with this plat and that it r►eet the Orono requirements and were concerned with his property but could not make any recom- mendations or reviews based upon Medina's regulations. (Continued) ' RE�ULAR MEETING OF THE ORONO COUNCIL, PZAY 11, 1978 Page 7 Alan Olson read into the minutes a recommendation SUBDIVISION of the County Engineer regarding access and right- 2400 Sixth Avenue N. f-way on this property. Bascially, that the County (Continued) �ould request an additional 10 ' of right-of-way along County Road #6 as has been standard procedure along this highway and that no more than two new access points to County Road #6 be granted. This last request would require at least one common access point along the three lots abutting County � Road #6. The public hearing was closed at 7: 58 P.�Z. Thereafter, the Planning Comnission reviewed the proposal. Most of the questions centered around the recent Highway Department recommendations. The Planning Comr,iission was not ready to limit access to two access points until the staff had reviewed it further. They requested further staff review prior to final plat approval and did not think that this would affect their review of the preliminary plat. Jim Olson, City Engineer, nbted for the record that Lots 2 , 3, & 4 were just under four acres and that due to that, they are not further subdividable within the 2-acre zoning requirements, The Planning Commission thereafter recommended approval of the preliminary plat as shown on the drawings dated Februrary 9 , 1978, subject to septic system testing prior to final plat approval, ark dedication fee payment, conservation and flowage . :asements over the wetlands, and to the 10 ' additional right-of-way dedication along County Road #6 as shown on the preliminary drawings. Staff Note - May 8, 1978 Received written recommendations from the Highway . Department Engineer. � Council Meeting - l.iay 11, 1978 Butler moved, Massengale seconded, to approve the preliminary subdivision request of American Builders for 2400 5ixth Avenue North, per the Planning Commission recommendations of April 24, 1978 , and the City Engineer and Hennepin County Highway Depart- ment recommendations. Motion, Ayes (5) - Nays (0) . � rREGULAR MEETI�G OF THE ORONO COUNCIL, t4AY 11, 1978 Page 8 Tom Jacobs, B1dg. � Inspector, entered into the record VARIANCE the following request of Walter Wittmer, 1420 Baldur 1420 Baldur Park Road Park Road, for a variance, �ate� APril 4 , 1978, #368 which states: Walter Wittmer Mr. Walter Wittmer, 1420 Baldur Park Road, is request- ing a variance to remodel and add on to his existing home, particularly on the lake side in place of a former screened porch. Also shown is a large deck extending farther toward the lake. A variance to 34. 201 is required. One small corner of the porch addition encroaches on the 75 ft. lakeshore setback. The deck encroaches to within 64 ft. of the shore and well in front of the adjoining homes. The home is converted summer cottage on a 50' X 190 ' (9500 sq, ft. ) lot and is located 4 . 23 ft. from the west lot line. There is no foundation under the existing porch and questionable foundation under the remainder. Remodeling in excess of 50� of the market value ($14, 600 divided by 2 = $7, 300) would also require variances to 34. 552, lot area and lot width. Planning Commission - April 10, 1978 Work Session Planning Commission expressed approval of addition but not deck as it extends too far into lakeshore setback zone. Also expressed approval of repairing existing porch and steps which encroach lakeshore setback. Planning Commission - April 24 , 1978 The Planning Commission approved the variance contingent upon maintaining the steps and omitting the deck. Council Meeting - May 11, 1978 . r4ayor Van Nest moved, Butler seconded, to approve the variance request of ._Waiter Wittmer, 1420 Baldur Park Road, per the Planning Commission recommendations of April 24, 1978. Motion, Ayes (5) - Nays (0) . Tom Jacobs, Bldg. Inspector, entered into the CONDITIONAL USE PERMI7 record the request of Hennepin County Vo-Tech, Vo-Tech School 2950 Sixth Avenue North, for a conditional use #376 permit renewal, dated April 24, 1978 which states: The Planning Commission recommended renewal of the conditional use permit with the same conditions as Resolution #781 adopted last year. (Continued) � REGULAR MEETING OF THE ORONO COUNCIL, MAY 11, 1978 Page 9 Mayor Van Nest moved, P4assengale seconded, to RESOLUTION #904 adopt Resolution �904, A Resolution Granting To Vo-Tech School The Joint Independent School District 287 A (Continued) Conditional Use Permit For An Agricultural Use In An RR-ln District For 1978. Motion, Ayes (5) - Nays (0) . P4ayor Van Nest moved, Massengale seconded, to REAFFIRM RESOLUTION reaffirm Resolution #900, A Resolution Ordering #900 The Owner Of A Hazardous Building Within The City Hazardous Building To Correct The Hazardous Condition, adopted April 13, 1978. P4otion, Ayes (5) - Nays (0) . Tom Jacobs, B1dc�. Inspector, entered into the EXTEND FILING DATE record the following request of Thor,las Ryan, 1060 Tonkawa Road 1060 Tonkawa Road, dated P4ay 8 , 1978, which states: Mr. Ryan had a delay in filing his subdivision which caused him to miss the April l, 1978 deadline in Resolution #882. Because this resolution was not passed until March 16, 1978, I recommend that the Council amend Resolution #882 to show a revised deadline of June 16, 1978. This will facilitate plat filing without further complication. Council Meeting - D'Iay 11, 1978 Z4assengale moved, P4ayor Van Nest seconded, to amend Resolution #882 by extending the deadl.ine date for filing �he subdivision of Thor.las . �tyan, 1060 Tonkawa Road, to June 16, 1978. 1'�otion, Ayes (5) - Nays (0) . � Rr:GULAR MEETING OF THE ORONO COUNCIL, riAY 11, 1978 Page 10 7 : 17 P.r4. - Mr. Randall Blohm and P'Ir. Erving NAVARRE DRIVE-IN Braverman present. THEATRE FENCE r�r. Bruce Malkerson, City Attorney, reviewed the past history of the Drive-In Theatre noting that all information is included in the record. Mr. Malkerson discussed the recent appearance before the courts on the temporary restraining order and the pleadings by the applicant not to construct a fence. The theatre management have agreed to Resolution #898, except for paragraph #�24. They are here this evening to make us an offer to modify paragraph #24. We must remember that this is a matter of litigation, we are not in executive session at this time but the theatre management have requested to be heard. Mayor Van Nest: We want to accomplish: l. Crowd control ? Bevelop noise barrier 3. Light barrier 4. Visual barrier 5. Opaque fencing, six-feet high. We met on the site last Wednesday with Mr. Braverman, Mr. Blohi*,�,Mr. Psalkerson, P�Ir. Benson, Mr. Olson, and Mr. Gerhardson to determine where a fence would be appropriate. Mayor Van Nest presented a plat map of the area showing where the fence is intended to be constructed. Mr. Blohm reviewed it and agreed to it except for a wood cedar fence along Blaine Avenue. Councilmember Massengale: Does the 200 ft. wood fence along Blaine Avenue run past the last house? Mayor Van Nest: Yes, it does. Bruce F�alkerson: I met with the theatre people today and they have submitted a proposed amendment with modifications to Resolution #898, which states: Paragraph 24 of Resolution 898 is hereby amended as follows: 24. Prior to any operations of the theatre in 1978, Northwest Cinema Theatre Corporation shall comply with the following conditions: A. (See attachment) B. Northwest Ciner.ta shall construct a temporary fence of galvinized wire mesh, similar to those used in construction sites, which wire mesh will start at the ground level and continue to a height of at least six feet, which fence must have sturdy (Continued) ' R�GULAR PZEETING OF THE ORONO COUNCIL, P�SAY 11, 1978 Page 11 posts on approximately eight foot centers, the NAVARRE DRIVE-IN wire mesh shall be attached at least to the posts THEATRE at the ground level, at the middle and at the top (Continued) of the wire mesh in such a manner to insure that the wire mesh cannot be lifted from the ground to allow passage through the fence. The temporary fence shall commence at a point where the permanent fence along Blanie Avenue terminates, thence across the rear of the property in a manner to exclude the last two rows of speakers on the property, to the west boundary of the property, but no further than 5 feet east from the existing row of trees along the west boundary of the property; thence the fence shall continue along the west boundary of the property to the existing movie screen and there terminating. C. The construction of a temporary fence similar to one as specified in paragraph B above or snow fence commencing at a point where the Kuhlburg fence terminates, thence to the existing fence around the City water tower and there terminating_ D. All of the above fences shall be constructed and maintained at all times of the year when the theatre is in operation to insure that people cannot pass through the fence, and that the fences are aesthetically pleasing and in good repair. E. No operations of• the theatre will be allowed until all fences as noted above are completed, inspected by the City of Orono, and approved by the City of Orono as meeting the requirements of this agreement. In the event, however, that construction of the required fence has commenced before Friday, May 19, 197II, the theatre may be operated during the weekend of May 19-21, 1978, but shall not be operated further until said fence is complete. The City agrees to inspect the fence promptly upon completion. F. No use of the property will be allowed in 1978 , except for the showing of movies in the evenings or such other uses as may specifically be perr.iitted by Council resolution from time to time. G. Northwest Cinema Theatre Corporation will adhere to all other regulations of the City and all conditions of operations for 1978, as shown in Resolution #898, adopted on April 13, 1978, except for paragraph 24 thereof, which is nodified by the terms of this agreement. (Continued) ' REGULAR PSEETING OF THE ORONO COUNCIL, MAY 11, 1978 Page 12 H. Because Northwest Cinema Theatre Corporation NAVARRE DRIVE-IN has represented to the City that it seeks to sell THEATRE the property and thereby to terminate the use of (Continued) this property as a theater in 1978, and therefore does not wish to construct a perimeter fence all � aroun�d the property in 1978, the City of Orono has agreed to the above modifications. Fiowever, because the City is not now requiring a fence around the entire perirneter, the City of Orono will and does reserve the right to require additional fencing in 1978, if it is found after a public hearing that the fences required by this agree�ent are not reasonably sufficient to protect the health, safety and welfare of the citizens of Orono, or the patrons attending the drive-in or the police personnel called to assist at the drive-in. I. This agreement in no way grants any continuing rights to Northwest Cinema Theatre Corporation. Attachment A - #1 Northwest Cinema Theatre Corporation first constructs a temporary fence of galvanized wire mesh, similar to those used in construction sites, which fence will start at the ground and rise 6 feet with sturdy posts on approximately 8 foot centers , cor.�►mencing at the City' s water tower fence and proceeding northerly along Blaine Avenue a distance of 200 feet set back approxiznately 15 feet from the pavement. Pdorthwest Cinema Theatre Corporation shall remove all debris from the street side of said fence. The galvanized wire mesh shall be attached to the posts at the ground level, at mid-point and at the top in such manner as to insure that the mesh cannot -be lifted from the ground sufficient to permit human passage through or under the fence. Attachrnent A - #2 Northwest Cinema Theatre Corporation first constructs a permanent wood fence with vertical pickets, 100$ opaque, which fence starts at the ground and rises at least six feet,with poles set on approximately 8 foot centers, commencing at the City' s water tower fence and proceeding northerly along Blaine Avenue a distance � of 200 feet set back approximately 15 feet from the pavement. Northwest Cinema Theater Corporation shall remove all debris from the street side of said fence. Mr. Blohm comr.iented that: I hope you will review our efforts this year in granting a theatre license for 1979. We want to control noise, crowds, ingress and egress problems. These is quite a difference in cost between materials used to construct a fence and I would want the Council to consider a lesser material cost for fencing the east and west side of the theatre. (Continued) � � . REGULAR MEETING OF THE ORONO COUNCIL, MAY 11, 1978 Page 13 Mayor Van Nest asked if there was � any one NAVARRE DRIVE-IPJ present to discuss the theatre problems. THEATRE (Continued) Mr. Jerry Zell, 3680 Plorthern Avenue: 1, Noise, 2. Kids and motor bikes. We have had it. We want a six-foot 100� opaque fence around the total area. There were two motor bikes in the area today. No one there to keep them out. That is our problem when the theatre is unattended, there is no control at all. Mayor Van Nest: Will a chain link fence sQlve the problem? Mr. Zell: No. Noise will still be a factor. Mr. Harvey Reder, 35�3 Livinqston Avenue, read the follo�r�ing into the record: "Regarding fence for east side of Navarre Drive-In Theatre Sirs: If a fence is required, tv$;±t-�ould like: 1. A good looking fence 2. Not any higher than necessary. Sincerely, Harvey Reder Mrs. Zelma McKinney, 3599 Livingston Avenue Kathy Oertel, 3585 Livingston Avenue Clyde Robins, 3580 Livingston Avenue Mr. Blohm: People control will be a problem when theatre is not in use. Mayor Van Nest: Any other comments? There were none. Bruce P�alkerson requested the Council to allow the theatre representatives to review and discuss the proposed fence until the end of the Council meeting. At that time, we can go into executive session to discuss the matter. ' R�GULAR PiEETING OI' THE ORONO CnUNCIL, P'iAY 11, 1978 Page 14 Councilmerlber Psassengale, in reviewing .Mrs. WALTERS PORT William Reese' s letter dated April 12, 1978, posed a question to Attorney Bruce P4alkerson asking him if, in hi.s opinion, there was a conflict of interest in this matter between hir�self and Walters Port. Bruce t4alkerson asked Councilmember Massengale: Do you have any pro�erty interest? Councilmember rsassengale: None now. I did at one time. Bruce tsalkerson: :7hen? Councilmember P4assengale: Over a year ago. Bruce Malkerson: ��Ihat lot or lots'? Councilmember P�iassengale: One lot. l,ot 1, Block 3 now owned b�� tir. & PZrs. Reese. Any other information would be in tne chain of title. Bruce P�alkerson: No problems unless conflict with date in chain of title. � Bruce P�alkerson to P�ayo.r Van Nest: Any interest in 64alters Port? '_�iayor Van Nest: Non�. Bruce Malkerson to Councilmer,iber Butler: Anv interest in Walters Port? Counci lmer.iber Butler: NonE�. Bruce 2ialkerson to Councilmember Paurus: Any interest �n Walters Port? Councilmember Paurus: None. Bruce Malkerson to Councilmember Pesek: Any interest in Walters Port? Councilmember Pesek: None. Dick Benson, City Administrator, entered into the record the following comments and staff recom- mendations of Piay 9 , 1978, submitted by Alan Olson, City Planner: Staff Conu�ents 1. The original application included a provision for riprapping the Ellis, Crist, and DeGregory properties. (Continued) ` R�GULAR PSEETING OF THE ORONO COUNCIL, t'!AY 11, 1978 Page 15 2. The Planning Commission on April 18, 1977 and WALTERS PORT the Council on I�ay 9, 1977 approved maintenance (Continued) dredging uiider the association application. 3. The Planning Commission on April 18 , 1977 and the Council on June 13 , 1977 approved "Plan C" shoreline protection, i.e. seawall on east side, riprap on Ellis, Crist, and DeGregory, and no change in location of west seawall under association application. Note later change in Crist from riprap to seawall. 4. Tlie Council on P�Iarch 16, 1978 again approved riprap for Ellis , Crist, and DeGregory under individual applications. 5 . All approvals were subject to other agency permits and conditions, to the City Engineer' s review and approval of plans and construction, and to a hold harmless agreement. 6. Dredging proceeded in 1977 without notice to the City and without the City Engineer' s aPproval of the actual work. Damage was done to the west seawall along the swimming beach. Dredging again proceeded in P'Iay, 1978 , without notice to the City, without the City Engineer's approval and spoils were deposited on-site in violation of Orono and DNR permit stipulations. 7. The seawall on Hartmann and Blunt properties was erected in 1977 without notice to the City, without specific plan approval by the City Engineer, prior to delivery of a hold harmless agreement to the City, and without DNR approval (no seawall - is listed in the only known DNR permit) . The west seawall was damaged along the south end and has not been repaired or replaced. Staff Recommendations 1. Irunediately stop all work on the lagoon, dredging, riprap and seawall until the spoils deposited on shore are correctly removed and until the association posts a letter of credit or cash in the amount equal to the cost of completing the south 145 feet of the west seawall. No work should proceed until valid P7CWD and DNR permits are received, which permits should reflect all work proposed_ 2. Require engineered plans of all additional seawall work and all riprap work, which plans shall be . � reviewed by the City Engineer with his recom- mendations set forth in writing. (Continued) � REGULAR PZEETING OF THE ORONO COUNCT_L, ?tAY 11, 1978 Page 16 3. In the absence of documentation concerning �'�1ALTERS PORT association rights, rules and responsibilities, (Continued) ' hold each property owner separately responsible for the work and/or violations occurring on his property. Bruc� P�alkerson commented that the P�innehaha Creek Watershed District will review this matter at their meeting Thursday concerning the aluminum wall. If individuals want to riprap, they will have to apply to the District. Mayor Van Nest: On June 13, 1977, we approved "Plan C" , seawall and riprapping subject to no change in location of the west wall. There are several issues : 1. 145 ft. of west wall has been damaged and letter of credit to assure restoration has to be submitted. 2. Spoils have to be removed. 3. Government survey marker was removed and has to be replaced. 4. Comments from rir. John Gerhardson in his r•lemo of April 26 , 1978 have to be satisfied. John Gerhardson' s memo dated April 26, 1978, states: "In December of 1977, at your request, Mr. Rudy Hartnann was given a key for the Lydiard Swim Beach entrance gate. This would allow him to have access to the beach with the equipment needed to make the necessary repairs to a seawall on that portion of his property adjoining the swiming beach. At that time, it was my understanding that the seawall adjoining the swim beach property was included in the project. Apparently, it was not. On April 26, 1978, I inspected the swim beach and noticed that there had been excavating on the side adjoining the swim beach, some posts had been placed and a registered land surveyor monument disturbed and left lying on th� ground. Also, there were several ruts in the grass area of the swim beach that had not been repaired_ These ruts were caused frcnt equipment going in and out and some signs and sign posts damaged. Also, the , seawall adjoining the swim beach area has had some excavating done on the beach side, exposing the original seawall which is made of wood posts and boards, loose boards are lying along side and scattered throughout the area. It would seem that the excavating is not complete and in its present condition is a safety hazard to swimmers as well as unsightly. �� (Continued) � R�GULAR MEETING OF TIiE ORONO COUNCIL, MAY 11, 1978 Page 17 Mr. Ellis: Has association submitted certificate WALTERS PORT of engineer' s approval? (Continued) Mr. Jim Olson: I have not seen one. Mr. Ellis: The association approved riprap. The Minnehaha Creek Watershed District approved all steel sheeting. 6�e want this resolved. Mr. DeGregory: I do not feel that we should be hindered to install our own riprap. Some individuals have r►uddied the water for our riprap. Mr. Ellis: I wanted Mr. Jim Olson to tell us what we should do. 6�e want to comply. We requested information fror,� the City Engineer to take to the Watershed District. The engineer did not submit a letter to us. Mayor Van Nest: I do want to see the west wall repaired before more work is done. Mr. Ellis : We are in compliance. Are there two sets of standards? :��tion #1 I�layor Van rlest r,ioved, Pesek seconded, to reaffirm the March 16, 1978 motion �shich states : "Pesek moved, Butler seconded, to approve the granting of the permit to Messers. Ellis, Crist, and DeGregory for riprap subject to the following: 1. The plans are feasible. 2. The riprap is to be in accordance with the City standards and specifications and subject to the engineer' s approval. 3. The permit is contingent upon approual of other agencies. 4. That although an opportunity was given during several Council meetings for the Homeowners Association to submit a legal opinion, with copies of the Homeowners ' Association Agreement restrictive covenants and map to support their argument that the individual property owners had no property right to riprap, the Homeowners ' Association failed to provide such a legal opinion. 5. Although not required, the applicants submitted a legal opinion which stated that the applicant had a legal right to proceed." Council Iieeting - riay 11, 1978 6. Riprap to cross at 929. 4 elevation. (Continued) REGULAR PZEETIPIG OF TFiE ORONO COUNCIL, MAY 11, 1978 Page 18 Discussion followed. WALTERS PORT (Continued) Councilmember P4assengale: Are riparian rights jeopardized by this move? Mr. Ellis: We are being asked to do things according to your rules and not to standard rules and regulations. P'lr. Olson; City Engineer, repeated PRr. �llis ' statement at a previous Council meeting when Mr. Ellis stated he would do whatever the engineer recommended. Motion carried, Ayes (5) - Nays (0) . P'Iotion #2 - Homeowners Association PAayor Van Nest moved, Pesek seconded, to enforce the stop work order on all permits for the I9alters Port Homeowners Association until: 1. Plan is submitted and approved 2. Agreement to repair west �aall received 3. Letter of credit to assure repair of west wall 4 . Spoils to be removed 5. I'encing to be installed to protect area by P1ay 15, 1978 at 4 : 30 P.r�. o. All other items included in John Gerhardson' s memo of April 26, 1978 7. All other conditions except for fence to be met by 21ay 25, 1978 Council meeting. 8. fiold harriless agreement to the City Discussion follosaed. P4r. ��illiam Reese, president of the Homeowners Association: We will meet to approve funds to r.ieet these conditions as soon as possible. t�ir. Blunt: We would not have proceeded if we knew we could not use the spoils in the area. We now have to move spoils out and other dirt in. The spoils are not harmful and we would want to have them analyzed to determine if we could use them. Jim Olson, City Engineer: The spoils that are dredged contain nutrients that are harmful to the lake. Mayor Van Nest: Your permit and all permits include the language that all spoils are to be removed. This is standard language. You are ��erating under permits that do not allow spoils to be used in the dredging area. 2�otion carried, Ayes (5) - Nays (0) . � REGULAR MEETING OF THE ORONO COUNCIL, MAY 11, 1978 Page 19 Butler moved, Massengale seconded, to table agenda HENNEPIN COUNTY item number 11, Hennepin County Transportation TRANSPORTATION STUDY Study Maps until the next Council meeting. �iotion, rZAPS Ayes (5) - Nays (0) . Mr. Jim Olson, City Engineer, discussed the RING ROUTE proposed ring route commenting that the initial 600 ' of street design commencing at the inter- - section of County Roads #19 and #84 is partially located in the City of Independence and steps should be taken to meet with the City of Independence and the land owner to acquire that land. The City Administrator will arrange a meeting as soon as possible to resolve this matter. Tiassengale moved, DZay,or Van Nest seconded, to approve RECEIPTS, DISBURSEMENT the January - March 1978 Summary of Receipts, & BALANCES Dis�ursements & Balances. Motion, Ayes (5) - Nays (0) . gir�t Quarter - 1978 . D4assengale moved, Butler seconded, to approve the REVENUE & EXPENDITURE Revenue & Expenditure Report for the first quarter First �uarter - 1978 of 1978. P�Iotion, Ayes (5) - Nays (0) . Dick Benson, City Administrator, presented a letter SUBURBAN HEALTH from Councilmer.lber Mary C. Butler dated April 12, NURSING SERVICE - 1978, which states: Resignation - Butler "Please accept this as my resignation from my position as a member of the Executive Board of the Suburban Health Nursing Service. This shall be effective as of this date. Schedule conflicts and general time constraints make it necessary for me to step aside at this time. " Council Meeting - May 11, 1978 Mayor Van Nest moved, Paurus seconded, to accept Councilmember Mary C. Butler' s resignation as a member of the �xecutive Board of the Suburban Health Nursing Service. Motion, Ayes (5) - Nays (0) . Dick Benson, City Administrator, presented a letter LEAGUE OF MINNESOTA from Councilmember Mary C. Butler dated April 12 , CITIES - Resignation 1978, which states : Butler "Please accept this letter as my resignation from my position on the Board of Directors of the League of P�innesota Cities. This shall be effective immediately. I have enjoyed and learned from my time on the board but find that I must step down. Good luck as you carry on. 11 (Continued) REGULAR tiEETING OF THE ORONO COUNCIL, MAY 11, 1978 Page 20 P4assengale moved, P-4ayor Van Nest seconded, to accept LEAGUE OF PSINNESOTA Councilmember r4ary C. Butler' s resignation as a CITIES - Resignation member of the Board of Directors of the League of Butler ��Iinnesota Cities. D�otion, Ayes (5) - Nays (0) . �' FtEGULAR r7EETING OF THE ORONO COUNCIL, P1AY 11, 1978 Page 21 Mayor Van Nest moved, Paurus seconded, to refer PROPOSED ORDINANCE to the Planning Commission a proposed ordinance Chairpersons concerning the appointment of chairpersons to Orono Commissions. Motion, Ayes (5) - Nays (0) . Dick Benson, City Administrator, presented the SENIOR CITIZEN RATES City Council with a memo from John Gerhardson, Orono Golf Course Public Works Coordinator, dated April 18, 1978 which states: On February 16, 1978, I presented to you a rate increase for the Orono Golf Course. In that memo, it was suggested to eliminate the season ticket rate for senior citizens. On April 15, 1978, the golf course opened and there were several comments from senior citizens about not having a special season ticket rate. Therefore, it is my recommendation to add to the 1978 rates for the Orono Golf Course a season ticket rate of $50 for senior citizens, resident and non-resident. In 1977, the senior citizen' s aeason ticket rate was $50 for non-resident and $25 for a resident. Massengale moved, Butler seconded, to approve a season ticket rate of $50 for senior citizens at the Orono Golf Course for 1978. Motion, Ayes (5) - Nays (0) . Mayor Van Nest moved, Pesek seconded, to deny DENY REFUND a refund of $25 to D'ir. William Windhauser, Golf Course Minneapolis, on the advice of the City Adminis- trator and City Attorney. Motion, Ayes (5) - Nays (0) . Dick Benson, City Administrator, informed the APPOINTMENT City Council that P�Sr. Henry r4uhich, Building & Alan Olson Zoning Administrator, has during the past three years been treated for elevated high blood pressure. He has recently been admitted to D4ethodist Hospital with an apparent stroke. In order to maintain continuity within the Building & Zoning Department, I recommend the appointment of Mr. Alan Olson to the position of Building & Zoning Administrator and City Planner, effective PZay 1, 1978 at an annual salary of $21, 800. (Continued) REGULAR P�IEETING OF THE ORONO COUNCIL, P�iAY 11, 1978 Page 22 r4assengale moved, Butler seconded, per the APPOINTMENT City Administrator' s recommendations to (Continued) appoint Alan Olson as a temporary Building & Zoning Administrator and City Planner until i�ir. iduhich' s condition is known and the Citv Administrator then submits a recomr.►endation� to the Council as to a permanent structuring of the Building & Zoning Department. P�Iotion, Ayes (5) - Nays (0) . P4ayor Van Nest moved, Massengale seconded, to APPOINTMENT appoint Alan Olson as Orono' s representative to Alan Olson the 201 Facilities Planning Study Alternative Waste P�anagement Waste Pianagement Svstems to serve on a one-year Corzmittee cor.unittee studying� alternative (on-site) systems in non-sewered areas. Piotion, Ayes (5) - Nays (0) . Butler moved, Pesek seconded, to approve a SALARY INCREASE salary increase for Steve Hansen, light equip- Steve Hansen ment operator, to $6. 78 per hour effective P4ay 15, 1978. P�Iotion, Ayes (5) - Nays (0) . Dick Benson, City Adrlinistrator, informed the SALARY INCREASE City Council of a nemo from John �erhardson, Dale Skreen Public �Vorks Coordinator, dated Psay 5, 1978 , � which states: The following is the procedure followed in the street department when an employee is promoted from a light equipment operator classification to heavy equipment operator classification. The employee receives an intermediate hourly - _ wage only when he is operating heavy equipment. After a period of time, he is evaluated and then receives the intermediate salary, whatever function he is performing. Again, after a period of time, he is again evaluated and then receives the heavy equipment operator' s scale. In July of 1977, a result of the restructuring of the public works department, PZr. Dale Skreen was appointed to heavy equipment operator and was placed at the intermediate salary of $6 . 92 per hour. The scale was $7.05 per hour. On January l, 1978, P'ir. Skreen received a 7� increase which brought him up to $7.40 per hour. This was not a step increase, but an annual increase. Mr. Skreen has performed very well when operating the equipment and i feel he deserves to receive the intermediate hourly rate� of $7. 40 per hour at whatever function he is performing, effective May 15, 1978 . 24r. Skreen will be evaluated again at the end of the summer season. This will determine whether he should receive the full hourly rate of heavy equipment (Continued) REGULAR MEETING OF THE ORONO COUPICIL, MAY 11, 1978 Page 23 operator of $7. 54 per hour. SALARY INCREASE Dale Skreen Council Meeting - May 11, 1978 (Continued) Pdassengale moved, Mayor Van Nest seconded, to approve the salary increase for Dale Skreen to $7. 40 per hour, effective P�ay 15 , 1978. 2�Iotion, Ayes (5) - Nays (0) . Dick Benson, City Administratos, informed the JOHN BOLAND LETTER City Council that Jim Olson, City Engineer, April 20 , 1978 is in receipt of a letter from John Boland, P•�etropolitan Council Chairman, dated April 20, 1978 , which states: Letter - Pages 24 & 25 Dick Benson, City Administrator, informed the ANTI-RECESSION AID City Council that every six months the Federal Report No. 3 Government sends out a special report to be filed regarding the Anti-Recession Aid Program. This Special Report No. 3 covers the period October 1, 1977 throuc�h PRarch 31, 1978 , and pertains to: l. Increases or decreases o_f any tax rate 2. Decreases of employment by five percent or more for the year ended Decer.tber 31, 1977 3. Decreases of basic service by five percent or r.iore of the total amount normally provided for the year ended December 31, 1977 The answers to the questions on the special report form are all "no" . The 1978 tax levy was reflected - on Special Report No. 2 which covered the period April 1, 1977 through September 30, 1977. The report does require the Mayor' s signature and it also must be published within seven days after it is filed with the Office of Revenue Sharing. Massengale moved, Butler seconded, to approve the Anti-Recession Aid Special Report No. 3 and authorize the t�iayor to sign it. T�otion, Ayes (5) - Nays (0) . Page 24 Metropolifan Cour��,. �� ol�tah � 300 Metro Squore Building tip'4 O` Seventh Street and Robert Street �, �,Qfll � Saint Paul, Minnesota 55101 �+ � I � Telephone (612) 291-6453 r� �� Office of the Chairma;. E�'��N��t��s� April 20, 1978 r,J,. 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 correct)_y, 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 capacity per capita of the Orono-Long Lake facility? - Mr. Mazanac ' s letter of March 8, 1978, indicates 83 oallons per cagita 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/cy , . n Boland Fncl. . C airman � �, cc: Mayor Brad VanNest City Manager j,lalter Benson I�Ir. Bruce Pialkerson, Attorney Mr. Ray Odde , M�1CC . TIETROPOLITAN WASTE CONTROL COMMISSION page 25 , GUIDELINES FOR INTERIM COMPREHENSIVE SELJER PLANS To review any sanitary se�7er extension against a Comprehensive Sewer Plan, the following Interim CSP inf_ormation as listed is required: l. 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 rfUSA 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 connectio�s and flows that will be made for the next three years . The actual number of connections made for a given �ear must be submitted t� 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. f 4. The City should establish a policy whereby any sanitary sewer improvements in areas outside the MUSA (i . e. , on-site sewage disposal s systems) be designed, installed, and maintained in accordance with the latest State of Minnesota minimum standards for such s�stems . 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 Lake 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 se�ver within a five-year period, the CSP should be revised to include a description and tentative time schedule for this improvement . /cy � +t REGULAR MEETING OF TIiE ORONO COUNCIL, r4AY 11, 1978 Page 26 Butler moved, PZassengale seconded, to table METRO TRUST FUND item #25, Metro Trust Fund Status, until the next Council meeting. rsotion, Ayes (5) - Nays (0) . Dick Benson, City Administrator, presented the ORONO INTERCEPTOR City Council with a letter from John IIoland, Letter May 2 , 1978 r4etropolitan Council Chairman to Mr. Richard Dougherty, Chief Administrator of the Metropolitan Waste Control Commission, concerning the Orono- Long Lake Interceptor Plans & Specifications dated t4ay 2, 1978, which states: Letter - Pages 27-46 Mayor Van Nest announced that the Board of BOARD OF REVIEW Review will be held Tuesday, May 23, 1978 at 7: 30 P.M. P4ayor Van Nest discussed with the City Council NiEDINA-MORNINGSIDE the City of Medina' s interest in providing SEWER sanitary sewer to the P�edina-Morningside area. Medina would nees� to have the cooperation of the City of Orono and Long Lake too,in order to discharge the effluent downstream. There are alternatives to routing the proposed sewer line in Orono which are being reviewed by Medina' s engineer, Lyle Swanson. i9hen further information . is available, the City Council should review the engineer' s data to determine the feasibility of the proposal. Massengale moved, P4ayor Van Nest seconded, to ON-SALE L9INE LICENSES authorize the City Attorney to draft a resolution to permit on sale wine .licenses for restaurants and setting a license fee. Motion, Ayes (5) - Nays (0) . Butler moved, Psassengale seconded, to approve the LICENSES following licenses: Motion, Ayes (5) - Nays (0) . Bergerson-Caswell, Inc. - Well Driller Don Stodola Well Drilling Company, Inc. - Well Driller Vergin Plumbing & Heating - Plumber Widmer Bros. , Inc. - Plumber & Sewer Hookup - Sewage Disposal Installation Page 27 �. Metropolitan Council olita� 300 Metro Square Building �p'4 �O� Seventh Street and Robert Street �, f Qf`) � Saint Paul, Minnesota 55101 � I A Telephone(612) 291-6453 � '�"'•Is-,,� w. �~ Office of the Chairman ryf �g� '�+-,N�tT� May 2� �9�$ Mr. Richard J. Dougherty Chief Administrator (? � (? ��,;�J �F " Metropolitan Waste Control Commission � �ty v 4� � 350 Metro Square Building D St. Paul , Minnesota 55101 ;�<<;T J ��+� RE: Orono-Long Lake Interceptor Plans and Specifications Metropol i tan Counci 1 Referral Fi le No. 534� VILLAGE 0� O�Qhta Dear Mr. Dougherty: At its meeting April 27, 1978, the Metropolitan Council considered the above project. This consideration was based on a report of the Physical Development Committee, Referral Report No. 78-44. A copy of this report, which was adopted as presented, is attached. After discussion with Orono city officials and others, the following recommendations ' were agreed to by the City of Orono and were adopted by the Council : 1 . That the plans and specifications for the Orono-Long Lake Interceptor system be found consistent with the policy plan and development program. 2. That Orono establish an interim service area to 1980 through an interim comprehensive sewer plan. 3. The service area of the interceptor in Orono will be determined after Orono in conjunction with Long Lake, Medina, Maple Plain, Minnetonka Beach and other neighboring cities and school districts have completed their comprehensive plans in accordance with the Land Planning Act. _ 4. That the Metropolitan Council ratify and adopt the letters of John Boland, Chairman, dated March 31 , 1978, and April 20, 1978, as the Council 's position and understanding regarding the Metropolitan Urban Service Line, the Metro- politan Sewer Service Region Line, and Interceptor Sewer Service Area. 5. That the Metropolitan Council state that the designed interceptor service area represents the possible area within which service could be provided from the interceptor. The City of Orono is free to allocate its assigned capacity within the area as it sees fit. 6. Dependent upon the density of development, per capita flows and size of households, the capacity assigned to Orono (1 . 14 mgd) may not be sufficient to service the entire interceptor service area. Sincerely, � � ME 0 OLIT9 NCIL JB•emp ohn Boland, Chairman Attachment � cc: Patrick Farnand, Mayor of Long Lake cc: Walter R. Benson, Manager of Orono Karl Burandt, Metro Counci 1 Staff R4bt- Maz�ane.�., Metro Counci 1 Staff ' Not For Release Until 4 P .M. , 4 . 27 . 78 Business Item No. B-5 METROPOLITAN COUNCIL �age 28 300 Metro Square Building, Saint Paul, Minnesota 55101 291-6359 REPORT OF THE PHYSICAL DEVELOPMENT COMMITTEE Referral Report No. 78-44 TO: Metropolitan Council SUBJECT: Orono-Long Lake Interceptor Plans and Specifications Review and Comment, Project 71-13 - Metropolitan Council Referral File No. 5341 Council District 16 At its meeting of April 20 , 1978 the Physical Development Committee considered the attached staff review and comment on the Orono-Long Lake Interceptor Plans and Specifications . After discussion with Orono city officials and others the following recommendations were agreed to by the City of Orono and adopted by the Committee. RECOMMENDATIONS : 1. That the plans and specifications for the Orono-Long Lake Interceptor system be found consistent with the policy plar� and development program. 2 . That Orono establish an interim service area to 1980 through an interim comprehensive sewer plan. 3. The service area of the interceptor in Orono will be determined after Orono in conjunction with Long Lake, Medina, Maple Plain, Minnetonka Beach and other neighboring cities and school dis- tricts have completed their comprehensive plans in accordance with the Land Planning Act. 4 . That the Metropolitan Council ratify and adopt the letters of John Boland, Chairman, dated March 31, 1978, and April 20 , 1978 , as the Council' s position and understanding regarding the Metro- politan Urban Service Line, the Metropolitan Sewer Service Region Lirre, a�d Intercepto� S��re� Service �,r�a. 5 . That the Metropolitan Council state that the designed inter- ceptor service area represents the possible area within which service could be provided from the interceptor. The City of Orono is free to allocate its assigned capacity within the area as it sees fit. 6 . Dependent upon the density of development, per capita flows and size of households , the capacity assigned to Orono (1. 14 mgcIl may not be sufficient to service the entire interceptor service area. Respectfully submitted, Marcia Bennett, Chairnerson /mb � Page 29 METROPOLITAN COUNCIL . Suite 300 Metro Square Building, St.Paul, Minnesota 55101 I E M O R A N D U M April 11, 1978 TO: Physical Development Co�nittee FROM: Environmental Planning Division Staff (Rarl Burandt) SUBJECT: Orono-Long Lake Interceptor Plans and Specifications Review; Project No. 71-13. Metropolitan Council Referral File No. 5341, Council District No. 16. INTRODUCTION The Orono-Long Lake Interceptor is designed to phase out the Orono and the Long Lake sewage treatment works which indirectly discharge sewage effluent into Lake Minnetonka. In about 1965, Lake Minnetonka began to experience extreme water quality problems and the Southwest Sanitary Sewer District was formed to solve this problem. The most urgent need for cleaning up Lake Minnetonka was the removal of nutrient discharges to the lake. This was accomplished by phasing out numerous on-site sewage systems and four sewage treatment plants discharging to Lake Minnetonka and directing this sewage to the Blue Lake Sewage Treatment Plant with effluent discharge to the Minnesota River. There are two quite large sewage treatment plants still discharging their effluent indir- ectly to Lake Minnetonka; these two are the Orono and Long Lake Sewage Treatment Plants. The proposed project is to consist of a pumping station and a 16" and 18" forcemain from each of these treatlnent plants to a common 20" diameter forcemain which will discharge to a Metropolitan Interceptor at Wayzata which received service from the Blue Lake Sewage Treat- ment Plant. " PROJECT DESCRIPTION The project is eligible for full federal and state funding if minimum federal design stan- l dards are met. A forcemain/pump station facility is to have a life span of 25 to 35 years i according to federal standards. The plans and specifications do meet these standards. ( he system is to be constructed to meet anticipated 1990 sewage flow projections from these - _wo sewage treatment plants plus miscellaneous small pumping station connections along the forcemain as needed. The system has reserve capacity available at the pumping stations consisting of one extra �. pump in addition to the current installation of two pumps at each MWCC pumping station. In this manner, current capacity for growth to 1990 and somewhat more is provided for and pos- sible reserve capacity for expanded future use is also provided for to meet federal grant requirements. The plans and specifications as submitted are consistent with the Waste Management Policy Plan and the approved MWCC Development Program, are eligible for full federal and state grant funding and are approved in the 1977 and 1978 Capital Budget. ^hc City of Orono �•�ill c�nnlete an intcrim Comprchensivc Sewcr ^lan icicntifyinq the �ewcr service area set forth on the sewer service map data March 17, 1978, 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 Metropolitan Council, whichever occurs first. The interceptor is designed for more flow than what Orono plans they will need by 1980, but this is for sound economic, engineering and grant requirements xeasons_ The reserve capacity in this interceptor is not expected to be used by 1960. Rate of usage of reserve capacity, area of service, timing and other planning details will be determined by local plans, using the design assumptions as ultimate constraints. CONCLUSIONS The Orono-Long Lake Interceptor consists of two pumping stations, 16", 18" and 20" force- main connecting to the Wayzata Interceptor which receives service from the Blue Lake Sewage Treatlnent Plant and discharges effluent to the Minnesota River. The facility is eligible for full federal and state grant funding provided it meets federal design standards of 25 to 35 years life span design. � ''he capacity of the system is designed to meet Council's 1990 growth projections and the ,unping stations have pump and motor foundations for additional future facilities to meet =ederal design standards. The extent of the facility area of service is to be considered at the time or after Orono has submitted their comprehensive plan in accordance with the Land Planning Act so a deter- mination can be made as to how Orono plans to deal with their rural area and to what extent sewer service until 1990 and the entire design period is needed. • - z - , , Page 30 RECOMMENDATION 1) That the plans and specifications for the Orono-Long Lake Interceptor system' be found consistent with the policy plan and development program. 2) That �rone estahlisl� �n interim service area to 1930 throuah an interim Comorehenaive Sewer Plans. 3I The service area of the interceptor in Orono will be determined after Orono in conjunc- tion with Long Lake, Medina, Maple Plain, Minnetonka Beach and other neighboring cities and school districts completed their comprehensive plans in accordance with the Land Planning Act. � � KB/cjd � . Page 31 M E T R 0 P 0 L I T A N C 0 U N C I L Suite 300 Metro Square Building, St . Paul, Minn. 55101 M E M 0 R A N D U M T0: Physical Development Co�ittee FROM: Office of Staff Counsel, John Hoeft SUBJECT: Orono Interceptor DATE: April 19 , 1978 This memorandum is necessitated by a resolution adopted by the City of Orono on Monday, April 17 , 1978 , relating to the Orono interceptor. S�me background will probably be helpful to the Committee. The Metropolitan Council staff and staff of the City of Orono have met for some time regarding the design and location of the Orono interceptor and the question of the Metropolitan Urban Service Line, the Metropolitan Sewer Service Region Line , and the Interceptor Sewer Service Region. At a meeting held near the end of March, an agreement was reached regarding these issues . That agreement is specified in a letter from John Boland to the Mayor of Orono dated March 31, 1978 . A subsequent letter from the City of Orono dated April 10 , 1978 , requested clarifi- cation on three issues . Before this letter could be answered, the City � of Orono adopted the resolution which you received in the mail earlier this week. This resolution states the City of Orono' s position regarding the con�truction of the Orono-Long Lake interceptor. It is appropriate that the Council, for purposes of clarification and to avoid any issues regarding Council intent or Council commitment , adopt a comprehensive and specific position on the Orono issues . The letter of John Boland, dated March 31, 1978, as clarified by John Boland' s letter of April 19, 1978, succinctly and accurately reflects the position that Council staff and Chairman have taken in this regard. "Accordingly, to avoid any further confusion, the Council is requested to ratify the position " expressed in the two Boland letters , dated March 31, 1978 and April 19, 1978. RECOMNNiE NDAT ION That the memorandum to the Physical Development Committee, dated March 21 , 1978, be amended by the addition �f a furt�e�r ze�ommendatinn as follows : 3 . That the Metropolitan Council ratify and adopt the letters of John Boland, Chairman, dated March 31, 1978 , and April 19 , 1978 , as the Council' s position and understanding regarding the Metropolitan Urban Service Line, the Metropolitan Sewer Service Region Line, and Interceptor Sewer Service Area. � JH/cy Page 3Z � Metropolitan Council " o�� 300 Metro Square Building p'4 O Seventh Street and Robert Street �,'� -H �',� Saint Poul, Minnesota 55101 ''� w Telephone (612) 291-6453 F! '��-� � � �� Office of the Chairman � ��iN cit�"s i�larc h 31, 19 7 8 The Honorable William B. Van Nest I�ayor, City of Orono Orono, Minnesota Dear Mayor Van Nest: • After our meeting of March 28 , 1978 , it was agreed that our attorneys �oould meet and discuss Iegal 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: � 1. Orono will submit an interim comprehensive sewer plan � id�ntifying ti�e sewer service area set forth on the map dated N: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 Metropolitan Council, which ever occurs first. 2. The MUSA line and the Irletropolitan Sewer Service Region line will at this tirne remain unchanged. After the Land Planning Act comprehensive plan has been prepared by Orono and reviewed by its adjacent governnental units and affected school districts , the I�iUSA and MSSR 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 may allocate the capacity as it feels appropriate within the confines of the service area designated in the interceptor design plans and specifications . Following the meeting, staff has reviewed all drafts of the Orono syste� statement. AccoLnpanying 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 1 i . � � � � Page 33 ' Mayor of Orono P a g e 'Itao � March 31, 1978 Council' s population proj ections were amended in December.. The � new population forecasts , which are lower, are not included in the system statenent, because the system plans have not been formally amended yet. However, we recommend 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 follo�as : Households PopulatiQn Employment 1990 2800 9000 1000 2000 3400 11000 2500 New forecasts result in a 1990 sewer floc�a estimate of . 58 mgd (sewered population 6 , 900) ; . O1 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 March 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 Lake int�rceptor is granted. If you have any problems with the content of this letter, please contact either John Hoeft or Robert Mazanec of the Council staff. Sincerely your_s , � hn Boland Chairman JB/cy F.r�cl_ cc: City Administrator Walter R. Benson David Graven, Esq. Richard Dougherty Bruce Malkerson, Esq. Yage �4 , Metropolitan Council �• Q�l�tah � 300 Metro Square Building p Seventh Street and Robert Street ,�4� �, �+� Saint Paul, Minnesota 55101 � Q�I w Telephone (612) 291-6453 � 7"I;rr-� i., � _• Office of the Chairman � ��.,.,N�,��$ April 20 , 1978 �,,. . Mr. James C. Olson City Engineer, City of Orono - Bonestroo, Rosene, Anderlik & Associates Inc. 235 W. Trunk High�aay 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 floca 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. �� ?. What is the correct amount of the ultimate design flow from Orono? As you again indicated correctly, Addendum No. 3, R�vised 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 capacity per capita of the Orono-Long Lake facility? Mr. Mazanec ' s letter of March 8 , 1978, indic.ates 83 gallons per capita 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 riazanec 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 Co�unission. Si c ly yours , . � JB/c n Boland � Y C airman � � c.nc 1. cc: Mayor Brad VanNest City Manager jaalter Benson I�r. Bruce Pialkerson, Attorney Mr. Ray Odde , P�iCC � , , r1ETROPOLITAN WASTE CONTROL COMMISSION Page 35 . � GUIDELINES FOR INTERIM COMPREHENSIVE SELJER PLANS To review any sanitary sewer extension against a Comprehensive Sewer Plan, the following Interim CSP information 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 connectiorls ` 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 sheuld 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. z 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 s�stems . 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 intercotmnunity 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 Lake 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 - , Page 36 ' � Telephone 473-7357 �"`� �f ��- C I'�Y of 4�iON0 ��. � � �� s�� ('� }� ,��; i f(K�'MJ „tr =''� ,,�-�y��;a Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Officee �� M � �:�. `��; - �� '�k•� On the North Shore of Lake Minnetonka � � '�"m;��- • - s 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 �pon 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 37 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 tru y you , �� (�� c� Zi ill S:�an est, �layor- 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 Cou.�ci�members �£ tbe C�ty .of ��o� Walter R. Benson, Clerk/Administrator Bruce D. Malkerson , Popham, Haik, Schnobrich , Raufman & 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 �� Y � Page 38 Resolution No. 901 RESOLUTION IN REGARD TO THE CITY OF ORONO ' S COMPREHENSIVE SEWER PLAN, SYSTEMS STATEi�ENT, COMPREHEi7SIVE LAND USE PLAN AND THE ORONO- LAKE SEWER INTERCEPTOR WHEREAS , the Metropolitan Council and the Metropolitan Waste Control Commission are charged with the responsibility of reviewing and approving the proposed Comprehensive Sewer Plan of the City of Orono, and the Iocation, construction capacity and future use of the proposed Orono Interceptor; and �9HEREAS , the Metropolitan Council is charged with the responsibility of reviewing the proposed Comprehensive Land Use Plan of the City of Orono under the Land Use Planning Act; and WHEREAS , the City of Orono has expressed numerous con- cerns about the interrelationship and impact of the proposed COrono Interceptor upon the City of Orono ' s Comprehensive Sewer Plan, Cor�prehensive Land Use� Plan, the future develop- ment in the City of Orono, �and the possible adverse affect upon the health , safety and welfare of the citizens of Orono; and WHEREAS , the Metropolitan Council agrees with the City of Orono that the presence of a future Orono interceptor should not adversely impact upon the intent and purposes and objectives of the Orono Comprehensive Land Use Plan and Comprehensive Sewer Plan, the future development of the city, and the health , safety and welfare of the citizens of the City of Orono, NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ORONO AS FOLLOWS : 1 . The Metropolitan Urban Service Area, the Netropolitan Sewer Service Region lines (hereinafter MUSA and MSSR lines ) , and the Sewer Service Area of the Orono-Long Lake interceptor (hereinafter Interceptor Sewer Service Area line ) , as previously promulgated by the Metropolitan Council and the rSetropolitan Waste Control Commission are inconsistent with the City of Orono ' s existing and proposed Comprehensive Land Use Plan and the proposed Comprehensive Sewer Plan dated April , 1977 . ( 2. The revised MUSA, MSSR and Interceptor Sewer Service � Area lines , as shown on Exhibit A attached hereto and incor- porated herein by reference are consistent with the City of ' � r Page 39 Orono ' s existing and proposed Comprehensive Land Use Plan and proposed Comprehensive Sewer Plan dated April 1 , 1977 . � 3 . All lands within the City of Orono within the rural service area as shown thereon , which are all lands outside of ' the MUSA, MSSR and Interceptor Sewer Service Area lines , as shown on Exhibit A, will not be sewered at any time in the future. These lands are to be zoned and regulated so that they will be adeguately and more economically served by private on-site septic systems . 4 . These restrictions and the additional restrictions as set forth in the Comprehensive Land Use Plan , proposed Comprehensive Sewer Plan and the Zoning Code and amendments thereto in order to implement those plans , are necessary in part for the following reasons : A. The entire City of Orono lies within the watershed of Lake Minnetonka. B . Lake Minnetonka is totally dependent upon the sur- face water runoff from its watershed for replenishment and - the water quality of Lake Minnetonka is directly related to the guality of surface water runoff within the watershed . � � C . The quality of surface water runoff is adversely � affected by any increase in the land use density and the � resulting impervious hard cover which limits the natural purification process and which limits the removal of nutri- ents from the surface water runoff, which nutrients pollute Lake biinnetonka , the surface water recharge areas and the other surface waters in the city. Moreover, in order to pay - i for the extension of such expensive public sewer, a much greater density of land use development would be necessitated, which increase in land use density would result in the above noted adverse affects on the quality of the surface water runoff . These adverse effects on the quality of the surface water runoff are documented at length in the Orono � Comprehensive Land Use Plan approved by the Metropolitan � ' .C�u��il on laTo�emb�r 7, 1974, ar��3 ado�te�d b� the tit� of � Oror�o on December 2 , 1974 , the Comprehensive Sewer Plan as adopted in October, 1977 , and the exhibits and reports incor- porated therein by reference. 5 . The city has for years , along with other agencies , recognized the problems of dense development and the concomi- tant adverse affects on the quality of the surface water run- off in this sort of watershed and has therefore implemented a comprehensive regulatory program of two and five acre ( -2- ' ` Page 40 . . minimum lot sizes and a thorough on-site septic system ordi- nance pursuant to the standards and specifications promulgated by the Pollution Control Agency and the Hennepin County Soil and Water Conservation District, which on-site septic system ordinance provides for mandatory pumping and inspection of all on-site septic systems , stringent standards of maintenance and _ construction, and provides for a method of repair and altera- tion of nonconforming on-site septic systems . Moreover, the City of Orono has hired additional personnel specifically to administer and enforce these environmentally sound regulations . 6 . In addition to and separate from the concerns of the quality of surface water runoff, any greater density of development in the rural service area as shown on Exhibit A than is as found presently and as is provided for in the Com- prehensive Land Use Plan for the City of Orono would necessitate a premature, uneconomical and fiscally unsound increase in capital improvements , such as to transportation, fire and police services . 7 . Before there should be any increase in density beyond that which is already provided for in the Comprehensive Land Use Plan and the Zoning Code of the city for those areas beyond the MSSR, MUSA and Interceptor Sewer Service Area lines C as shown in Exhibit A, in addition to the increase and availa- bility of the urban services , there will need to be adopted and implemented an effective environmental protection program along with the necessary public works , to among other things , insure the purification of the surface water runoff prior to its discharge into the marshes and creeks leading into Lake Minnetonka. FURTHERMORE, BE IT RESOLVED: Based upon the above findings of fact and contingent upon the hereinafter set forth actions to be undertaken by the Metropolitan Council and the Metropolitan Waste Control Commission, the City Council of the City of Orono agr�es on behalf of the City of Orono as follows: i. �'o s�pport -tfie constznction of tfie proposed Drono Interceptor as presently designed as shown in Addendum 3 to the Preliminary Engineering Report for the Orono Interceptor by the Metropolitan Waste Control Commission dated November, Z977 , and as shown in the design plans and specifications for the Orono Interceptor dated July 7 , 1977 and not to appeal the City of Orono ' s Systems Statement , as long as the Metropolitan Council and Metropolitan Waste Control Commission agree as follows: �. -3- � - � Page 41 A. To move the MUSA line now, to correspond with the MUSA line as shown on Exhibit A. B. To move the MSSR line now, to correspond with the MSSR line as shown on Exhibit A. C . To move the Interceptor Sewer Service line to correspond with the Interceptor Sewer Service Area line as shown on Exhibit A. D. To amend the Orono Systems Statement to reflect the move of the MUSA line, MSSR line and the Znterceptor Sewer Service Area line as shown on Exhibit A so that the new loca- tion may be used as a basis for the completion of the City of Orono ' s Comprehensive Land Use Plan in compliance with the L,and Use Planning Act. This amendment would be consistent with the Orono Systems Statement proposed by Sandy Dean, the staff consultant to the hietropolitan Council , dated May 10 , 1977 , and transmitted to the City of Orono on May 11 , 1977 . E. To approve and adopt the April , 1977 Comprehen- sive Sewer Plan as an interim plan until the final adoption of the �Comprehensive Land Use Plan pursuant to the Land Use Planning Act in 1980 , and to use in the review of this plan . the Metropolitan Council Review proposed by Sandy Dean, dated June 13 , 1977 , and transmitted to the City of Orono on June - 15 , 1977 , attached hereto and incorporated hereby by reference as Exhibit B. F . To review the existing Systems Statement to con- form with the above noted Systems Statement and Review of the City of Orono ' s Interim Comprehensive Sewer Plan by Metropolitan _ Council staff inember Sandy Dean. G. Agree that the ultimate design capacity, expressed in flow , residential population and number of residential dwelling units , of the Orono pumping station, Long Lake pumping station and the Orono municipal pumping stations of the Orono-Long Lake interceptor, as determined in Addendum No. 3 of the Preliminary Engineering Report for the Orono-Long Lake interceptor 8ated November, 1977 , is as follows: ( 1 ) Orono Pumping Station total capacity: a. Average daily flow 1 . 65 cfs - 1 . 07 MGD Peak factor 3 . 3 Peak flow 2450 gpm -4- s ' Page 42 b. Capacity assigned to the City of Orono: Residential 1 . 37 cfs - . 89 MGD Commercial . 13 cfs - .08 MGD TOTAL 1 . 50 cfs - . 97 MGD c. Orono Sewered Residential Population and Dwelling Units: Residential population ( . 89 : 115 ) 7 , 699 Residential dwelling units ( 7 , 699 : 3 . 2) 2 ,405 ( 2) Long Lake Pumping Station Total Capacity: a. Average daily flow 1 . 00 cfs - . 65 r�GD Peak factor 3. 5 Peak flow 1600 gpm b. Capacity Assigned to the City of Orono: Residential .03 cfs - .019 MGD Commercial/Ind . . 07 cfs - . 045 MGD Schools ' .07 cfs - . 045 MGD TOTAL . 17 cfs - .11 MGD c. Orono Sewered Residential Population and Dwelling Units : Residential Population ( .019 : 115 ) 165 Residential Dwelling Units ( 165 : 3 .2) 52 ( 3 ) Orono Municipal Pumping Stations from Orono Sewer Areas #7 and #8 , Total Capacity: a . Average daily flow .09 cfs - . 06 MGD b. Capacity assigned to the City of Orono: Residential . 09 cfs - . 06 MGD c. Orono Sewered Residential Population and Dwelling Units : Residential population ( . 06 : 115 ) 522 Residential Dwelling Units ( 522 : 3 . 2) 163 -5- Y • Page 43 Summary of Ultimate Design Capacity Assigned to the City of Orono: Residential , Commercial and Sewered Sewered Zndustrial Aver- Residential Residential �e Daily Flow Population Dwelling Units Orono pumping .97 MGD 7 , 699 2, 406 units station Long Lake pumping .11 MGD 165 52 units station Orono Municipal .06 MGD 522 163 units pumping stations TOTAL 1 .14 MGD 8 , 386 2 , 621 units H. To allocate the total available sanitary sewer capacity assigned to the City of Orono only to those areas j which are within the revised MUSA, MSSR and Interceptor Sewer � Service Area lines as shown on Exhibit A. � � I . That the ultimate capacity of the Orono Long-Lake � Interceptor is 1 . 77 MGD. The portion of the total assigned to �the City of Orono is 1 .14 MGD. Future planning will be based on the Znterceptor Sewer Service Area line to be shown on Exhibit A and upon a flow of 115 gallons per capita per day and 3 . 2 people per household . � 2. The City of Orono understands from Mr . John Boland ' s letter of March 31 , 1978 , that all of the above criteria are acceptable to him and the staff of the Metropolitan Council with the exception that the staff of the Metropolitan Council recommends that there is no procedure available to move the MSSR line , the MUSA line and the Interceptor Sewer Area line until all of the Comprehensive Land Use Plans of the adjacent municipalities are submitted and reviewed by 1980 , pursuant to the Land Use Planning Act. The staff has also stated that it is premature to approve the Comprehensive Sewer Plan sub- mitted by the City of Orono in October, 1976 , as amended in �pri�, i�7�, and vn �arZti i� , i�78 , and that in lieu o� approval of the Comprehensive Sewer Plan, the staff will recommend approval of a Interim Comprehensive Sewer Plan to be submitted by the City of Orono based upon the criteria set forth herein. 3 . The City of Orono could appeal the Systems Statement of June 23 , 1977 , as amended on March 31 , 1978 , and could -6- � " � . Page 44 object to and take the appropriate actions to delay the con- struction of the Orono Interceptor until such time as the Systems Statement more accurately reflects the criteria set forth herein, but such actions by the City of Orono would be inconsistent with the City' s long-stated desire to cooperate with the Metropolitan Council and Metropolitan Waste Control Commission in developing land use plans which are consistent with all agencies and which will insure that the interceptor could be constructed to remove the points of pollution without having the construction of the interceptor adversely affect the environment of the area, the health, safety and welfare of the citizens of Orono, and which plans will insure that the presence of the interceptor would not mandate a location of the future MUSA, MSSR and Interceptor Sewer Service Area lines which would include areas of the City of Orono which should be in the General Rural Use Region of the Rural Service area for the City of Orono as shown on Exhibit A. 4 . Based upon the assurances of the staff of the Metropolitan Council that the above objectives will be accom- plished as soon as the necessary redrafting of documents can - be accomplished , and for the reasons set forth above, the City of Orono will not appeal the Systems Statement and will grant to the Metropolitan ��7aste Control Commission the necessary � building permits , -conditional use permits and variances from the Zoning Code of the City of Orono to allow for the construc- tion of the Orono-Long Lake Interceptor, conditioned upon the following: A. The City of Orono is included in all preconstruc- tion meetings. B. The City of Orono must first approve any changes in the eonstruction methods or pipe location which changes could or may tend to adversely affect the environment and land use in the City of Orono. C. The City of Orono shall stop the construction of the pipe if the construction is in violation of the permits assuP�, t.he ordinancPs nf �.hE City of Orono, the ordinances and regulations of the Minnehaha Creek Watershed District, Lake Minnehaha Conservation District , Department of Natural Resources or any other agency having jurisdiction over the construction of the pipe. 5 . Attached to this resolution as Exhibit C and incor- porated by reference , are copies of some of the documents upon which the policies and statements set forth in this resolution are based. �. -7= . ' � Page 45 This resolution :vas revie��ed and adopted by the City Council of tiie City of Orono on the 17 day of April , 1978. ��/ l�/� �l � �-�— �t .--�/l�`i» � /� // �7 �� „ _ _�. jailliam B. Vari �1est, Mayor A`l�Ti:ST: � � , r��-�� Wal�er R. Belison, Clerk/?; ninistrator / - � � t '' � , Mary C . �ler v . ,i/ �n!-^^ � l<< � �� _J, :,�-� �ti�alter B. 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E4, . • N • �.� ♦ 5� �i�iwo £° I i�^�"� � �t • � � � • �k ��a- y :• '•. 1 ��C, ` � :1P'��tt-� �� ru'' I �i'4 v'; --— - --_ --- k ; uwu s[�ric[Mta ,�� • �—u�, ,� , r �"r"c t p ■� �`s� I a�tu�usc�caia ar nic wiw x�ric[iuu ' �-,.�.�--,z— ,— r *�-.�-.;.- � � ) �II 1 M• ' �� ,-..�� , �,�~ •[�C N Z� ,� \ . I �MIS1 UME.14511 tillE.{INTf�U►Tp SEV[II SEIIYICE MG UIIES �. �. a`� r-� I ( --�CWPOMTE 11NiT2 '.1■ fI� d � � ' � I � �� I' � -� M�nG �I._ '..E°�1^` • � •" � '�'�� ''� ry"� ` � � i� ORONO COMPREHENSIVE SEWER PLAN :•>,.�.,.� ` �� `�,� � � � � �:. �!{ '•., s��"�,C,�?�,� '��/� ,•.••• � URBAN—RURAL SERVICE AREA �. . � • ,`w � • . ��"r � APRIL 197� NAP N0.1 ro • +.f /� �`�� \ � � \ � � � ' \� � REVISED MARCH 16,1970 \\\_'...J' �� \`--�'�/ � � • � �A - -- � � RESOLUTION N0. 901 4/17/78 EXHIBIT A i �' REGULAR PZEETING OF THE ORONO COUNCIL, MAY 11, 1978 Page 47 > Massengale moved, Pesek seconded, that the BILLS All Funds Accounts 6495 through 6537, 10886 through 10891, - 2222 through 2265 and Liquor Store Accounts 12500 through 12518, be paid. r4otion, Ayes (5) - Nays (0) . Council went into an Executive Session to discuss EXECUTIVE SESSION the Navarre Drive-In Theatre litigation. Mayor Van Nest moved, Massengale seconded, to RESOLUTION #905 adopt Resolution #905, A Resolution Amending Navarre Drive-In Resolution #898 In Regard To The Navarre Theatre License Drive-In Theatre reconsidering Paragraph u24 as requested by the applicant. Motion, Ayes (5) - Nays (0) . Massengale moved, Pesek seconded, that the meeting ADJOURNMENT be adjourned at 11: 00 P.t4. Motion, Ayes (5) - Nays (0) . i ..��• '� � / . �� z �- ,�� ' W lliam B. Van Nest, Mayor Attest: ��ic��C�' �'��--_ Walter R. nson, Clerk-Administrator