HomeMy WebLinkAbout06-15-1978 Council Minutes �► .
� � '� CITY OF ORONO
Regular 2�ieeting of the Orono Council, 7:01 P.�i. •
June 15, 1978 •
The Orono Council met on the above date �aith the
following members present: Piayor Van Nest, Council-
members Butler, Paurus, and Pesek. Absent: Council-
member Massengale. Also present: City Adr.iinistrator
Benson, City Planner Olson, and City Attorney
P•ialkerson.
Butler moved, Paurus seconded, to approve the MINUTES
minutes of the Regular P4eeting of April 13, 1978. April 13, 1978
tiotion, Ayes (4) - Nays (0) .
Butler moved, Pesek seconded, to approve the MINUTES
minutes of the Regular P�Seeting of April 27, 1978. April 27, 1978
2�otion, Ayes (4) - Nays (0) .
Pesek moved, D4ayor Van Nest seconded, to approve MINUTES
the minutes of the regular meeting of ?4ay 11, 1978, May 11, 1978
as amended. Psotion, Ayes (4) - Nays (0) . -
Butler moved, Paurus seconded, to approve the BOARD OF REVIEW P4INUTES
rainutes of the Board of Review meeting of Psay 23, May 23, 1978 -
1978. 2�totion, Ayes (4) - Nays (Q) .
� IIutler moved, Psayor Van Nest seconded, to approve BOARD OF REVIEW MINUTES
the minutes of the Board of Review meeting of June 6, 1978
J.une 6, 1978. Motion, Ayes (4) - Nays (0) .
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Representative Robert L. Searles appeared before REPRESENTATIVE SEARI�ES
the City Council to request cooperation in develop- Tax Help
ing an improved real estate tax program for •
Diinne sota.
Representative �earles' principal point was that
Minnesota taxation levels are excessive and that
focusing public disapproval on the real estate
tax is really unfair to local government. "Records
show that the closer government is to the average
taxpayer the more care is used by a -public body . �
in the use of public money," he said. "The greatest ''S
area of waste and misuse of public money in the �
United States really begins in Washington and is
duplicated certainly in the State of Minnesota in
the State Capitol with the indiscriminate use of
state revenues for raarginal or counter-productive
`purposes. " (Continued)
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REG�jLAR P4EETING OF THE ORONO COUNCIL, Ji7PdE 15, 1978 Page 2
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Searles said that what brings this subject to the REPRESENTATIVE SEARLES
forefront is the California referenduri passed (Continued)
last week lir�iting real estate taxation to 1$ of
the market value of a homestead. "While this,
option is not available to the average Piinnesota
taxpayer since there is no constitutional procedure
for initiative and referendum, the fact is that
there is a broad feeling of tax revolt in Minnesota
and it stems fror.i the total tax take by the state
and by all forms of government, " he said.
Searles made the point that if state government
followed through with its homestead credit
principle established in the mid-sixties and
revised in 1973, there would be more income and
sales tax monies applied to real estate tax
relief. But the fact is that the $325 homestead
credit was applied in 1973 and hasn' t been changed
since then, a period of the greatest inflation in
costs, in home values, and in levels of taxation
in the history of the state, " Searles noted. "The
original intention of this homestead credit was
to cover roughly 35$ of the homestead real estate
tax, but at today' s levels this has dropped off
sharply and it does not have the same tax relief
feature that it was intended to have in the
beginning. "
Searles also noted that the Orono Council, and
particularly Orono Councilperson Pdary Butler,
could be of great assistance since she has been a
director of the League of Diinnesota Cities for
many years and could use her influence in having
that body help in forwarding programs of moderate
taxes in Minnesota and to make sure that local
tax levels are not singled out unfairly as a prime
traget of citizen discontent.
Searles said that the record established by the
2�iajority in the Legislature in the last two years
indicates a very small concern by the DFL for
the average P4innesota homeowner and that the main
thrust has been to keep taxes high and even raise
them for most Minnesota voters �rhile singling I
out the people who pay the least taxes for some
form of tax relief_ "For example, the circuit - i
breaker system which by itself has merit, doesn't
do much for the average taxpayer, certainly in _�
District 42B. " Searles made the point that a '
recent proposal to raise the sales tax in P�sinnesota ,
by 2 percentage points in .order to grant tax relief
to homeowners is a typical DI'L solution to a broad
taxation problem. The DFL will raise one tax and i
shift it over to apply in another area. The real I
, need in lZinnesota," Searles concluded, "is to
lower tax levels, not to raise them and shift the
money cleverly from one area to another. "
REG�JLAR MEETING OF THE ORONO COiJNCIL, JtJrJE 15, 1978 Page 3
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No comments from the Park Commission. PARK COP4MISSION
No comments from the Planning Commission. PLANNING COMMISSION
Lake Diinnetonka Conservation District Representa- LMCD REPORT
tive Norman Paurus requested that the LP�CD Budget
be entered on the agenda when submitted.
�
r�Ir. Alan Olson, City Planner, entered into the SUBDIVISION
record the following request of Lloyd S. Kelle��, 85 Brown Road South
85 Brown Road South, dated April 4, 1978, which #372
states: Lloyd Kelley
This subdivision is a proposed lot line rearrange-
ment and subdivision resulting in three parcels
where two now exist. Parcel A, 6. 19 acres
including a drainage area along the west edge.
Parcel B, with an existing house, 88, 447 sq. ft.
including some wetlands along Brown Road and up to
the existing driveway. The area was holding water
to within 18" of the driveway on April' 4, 1978.
Parcel C, with an existing house 98,150 sq. ft_
(up from 60,000 sq. ft. ) including a drainage way
along the west edge. Each parcel exceeds the
minirnum lot area, lot width and structure setback
requirements. Staff has asked for copies of the
torrens certificates noted on the drawing.
I believe three issues should be addressed:
l. The relationship of this division to the other
recent divisions to the west, particularly the
Jackson redivision of the Kelley & Kelley
division. Note that when the Kelley & Kelley
division was first proposed, staff recommended �
a review of all of this property for continuity
and good planning of roads, access, lot design,etc.
2. Access is important. Parcel A at six acres could
be redivided. I suggest further review of
possible divisions and road location. The road
should be an outlot with access avail.able to
all future lots. A real possibility is the
connection of this road to the new cul-de-sac
in the JacYson division along the route of the
existing road which connects these houses to
the nursery building. The "ravine" noted in
earlier reviews is not that much of an obstacle_
3. The wetlands and drainage areas should be
identified and protected in the standard manners.
Septic testing will be required on Parcel A.
(Continued)
REGULAR MEETING OF THF ORONO COIJPJCIL, JUNE 15, 1978 �
Page 4
�' Planning Commission rseetinq - April 10, 1978
Sketch Plan Review SUBDIVISION
85 Brown Road South
The Planning Commis�ion su ested (Continued)
plat indicate the followingg Preliminary
1. Topagraphy and wetlands identification and
locations
2. Calculated dry buildable area for each proposed
lot
3. Consideration of extending road easement through
Jackson subdivision to Brown Road
4. Drainage easements and design
Planning Commission r4eeting - I�iay 8, 1978
Acting Planning Commission Chairwoman Gloria
McDonald announced that this was the time and place
for a public informatiion meeting for the Lloyd
S. Kelley subdivision at 85 Brown Road South.
Applicant L. S. Kelley was present. A new sketch
plan was presented to the Planning Commission show-
ing four proposed lots with access road continuing
through west end of property for possible future
connection to adjacent roadway.
Staff recommended this roadway become an outlot
�d that Planning Commission should address
�cation and future filling of wetlands as they
pertain to existing and proposed roads. Mr. Kelley
stated the existing road will continu.e to be used
for the present time. Staff recor,imended possible
jog of road outlot to include existing access
across wetland and that wetlands easement should
be addressed.
P�iotion by Hanneh, seconded by Frahm, and approved
unanimously to give conceptual approval to this
subdivision contingent upon appropriate presentation
of further information:
l. Soil testing must indicate adequate sewage
treatment capability
2. Locations and setback distances of all existing
structures must be shown
3. Private road must be platted as .an outlot
4. Easement .over road be granted for future City use
5. Park dedication fee paid,.
6. Due to concern regarding .location of� road through
marsh area, prior to final �Council approval,
construction plans of roadway should show it will
not interfere with the character of the existing
marsh
Diarsh issue must be resolved
8. Adequate drainage plans must be submitted (including
topographic map)
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 5
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Staff Note - May 16, 1978 SUBDIVISION
85 Brown Road South
Applicant is preparing revised map and septic (Continued)
information as requested by Planning Commission.
Council Meeting - June 15, 1978
Butler moved, Paurus seconded, to approve the
preliminay subdivision request of Lloyd S. Kelley,
85 Brown Road South, per the Planning Commission
recommendations of P4ay 8, 1978. D'Iotion, Ayes (4) -
Nays (0) .
Mr. Alan Olson, City Planner, entered into the SUBDIVISION
record the following request of Jurgen Stielow, 565 Leaf Street
565 Leaf Street, for a subdivision dated April 4, #367
1978, which states: Jurgen Stielow
Sketch Plan Review: This is a proposed 13 lot
residential subdivision of the former Andromeda
property between Leaf Street and Bayside Road.
The sketch plan is an opportunity for you to
review and comment on the proposal at the conceptual
stage.
Items for discussion: Wetlands and flowage ease-
ments along shore and pond; riparian access;
intentions for the existing church building on
Lot 9 and foundation on Lot 7; should the road
be pub.lic or priv.ate, and should it be gravel or
pave d?
Planning Commission Meeting - April 10, 1978
Planning Commission reviewed sketches indicated
some objection to substandard area o.f Lot 10,
Block 1 and setbacks of existing structures from
proposed lot lines on alternate plan dated April 6 ,
1978. Suggested developer xevise plans to r.►eet
minimum area and setback requirements. Indicated
preference and conceptual approval of original
proposal_ (Plan dated P�Iarch 27, 1978)
Staff: Developer will be subnitting. .revised plans
for second sketch plan review
Planning Commission Meeting Apri1 24, 1978
INIr. Stielow was present at this meeting and the
Planning Commission reviewed his latest plan which
is dated April 20, 1978� This plan has been
rearranged to show response to the concerns and
questions of the Planning Commission at the last
_ meeting_ General discussion followed during which
the Planning Commission noticed considerable work
and improvements over the previous plats. (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUP7E 15, 1978 . Page 6
2iost of the questions of the Planning Commission SUBDIVISION
had been answered and no serious questions were 565 Leaf Street
uncovered at this meeting. Alan Olson noted (Continued)
that the County Highway Engineer had reviewed the
plat and had -approved the proposed location of the
access drive. He also noted that the access for -
Lots 10 & 11, Block 1 should be a joint access on
the common property line rather than separate
access points. It should also be noted that this
plat shows Outlot A the �sland lying to the
southwest corner of the property. This outlot is
mostly marsh land and is not separately buildable.
It is meant to be owned by Lots 5 or 6, or perhaps
a combination of those two lots. The Planning
Cor.imission moved conceptual approval of the sketch
plan as presented in the April 20, 1978 plan. Mr.
Stielow was then advised that a public information
meeting would be sch�duled to review the preliminary
plat upon receipt of engineering details for the
road profile and grade, and septic system testing
information.
Staff Note - April 28, 1978
2�iike Gaffron riet with Jim Anderson, Soil Conservation
Service, on April 25, 1978. A walk through the
riost northwesternly lot of the plat revealed
water-table at or very near the surface. This lot
may not be suitable for any type of soil absorption
system, thus requiring holding tanks and a regular
pumping schedule.
Statt Note - Public information meeting scheduled for
P�iay 22, 1978 at 7: 30 P.M.
- Planning Commission A'ieeting - Pday 22, 1978
Information Meeting - D'ir. Stielow was present plus
several neighbors. Neighbors concerns included lot
size, access locations, and the prevention of
dense development whicY� would lead to sewage problems.
P4r. Stielow noted that Lot 14 would be eliminated
by combining it with Lot 7. Planning Commission
recommended preliminary plat approval subject to
the following:
1. All plated. ]�ots to have ap�roved septic system
tests (Lots 4, 9, & 11 are currently unapproved)
prior to final plat.
2. Road and driveway requirements per City Engineer's
letter and County approval.
3. Conservation easements over all wetlands with
reservations for dock placement on riparian
Lots 1-6.
4. Private road with access and utility easer►ents.
5. Park dedication fee payment
6. Developers agreement for road and drainage
construction.
(Continued)
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� REGi�LAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 7
A letter from James R. Steilen, Popham, Haik, SUBDIVISION
Schnobrich, Kaufman & Doty Attorney, to Mr. Jurgen 565 Leaf Street
3tielow dated June 12, 1978, states: (Continued)
I have been informed by your attorney Thomas G.
Barry, Jr. that certain clouds on title exist with
regard to the real estate proposed to be platted
as Stielow' s Addition. Mr. Barry is aware that
the City of Orono requires that title problems be
cleared prior to final acceptance of the plat so
that the City may be assured that all owners
have executed the plat and that all public easements
and public right-of-way have been properly dedicated.
PZr. Barry has requested that the City waive this
requirement in this particular instance because
terms of your interest in the real estate require
that you obtain final plat approval by a certain
date and there is insufficient time to quiet title
prior to that date. Pzr_ Barry assures us that the
title problems, even if not successfully cured,
could not affect the public easements proposed in .
Stielow's Addition.
Therefore, we are willing to recommend to the City
Planner that the City waive the requirement that
you clear title prior to acceptance of the final
plat. Such waiver is based on the following
:onditions:
1. Sween and Salazar, Ltd. , shall execute a title
opinion to th:e entire real estate to be platted
as Stielow' s Addition which opinion shall state
� that title is clear other than for the two
exceptions discussed in previous correspondence '
with our office and which shall further state
an opinion that in the event that you are � -
unable to cure title, none of the public easements,
public r.ight-of-way pr private right-of-way
established by the plat shall be affected.
2. We wish to have an indemnification agreement in
a form acceptable to the City executed by you
and your spouse as individuals .as jaell as by
the proper corporate officers, which indemnification
would indemnify and hold harmless the City of Orono
against any claim, damage or lass whiah might be
brought by any future owner of the real estate
to be platted or any other person or entity
because of the. City failing to xequire perfection
of title prior to approval of the plat.
3. We wish to have a written undertaking by you and
your attorneys indicating that you will undertake
to cure title within a specific period of time.
_ We will accept any reasonable time in that agree-
ment.
End of letter (Continued)
REGULAR P�IEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 8
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P�eMo from Mike Gaffron, Septic System Inspector, SUBDIVISION
dated June 15, 1978, states: 565 Leaf Street
(Continued)
A nur.iber of lots in this subdivision were retested
to find more suitable locations and soils for on-site
sewage treatment systems. -
Lot 1 - The problem on this lot is a very high
water table. Mr. Stielow' s engineering firm has
proposed an innovative mound/fill type system
utilizing draintile to lower the water table.
Slopes on the drainfield site are greater than
allowable and would be remedied by terracing.
This system must have approval of the City
Engineer prior to issuance of a building permit.
Lot 4 - Revised percolation rate 22 min./inch;
34 min./inch at secondary site. Seasonal water
table at four to five feet. A system of very
shallow trenches or a mound would be required
for this lot.
Lot 9 - Revised percolation rate 15 min./inch;
78 min./inch at secondary site. [Vater table
at three to five feet. Very shallow trenches
would be allowable on the nrimary site. The
secondary site would require a mound.
Lot 11 - Revised percolation rate 15 min./inch;
44 min./inch at secondary site. Seasonal water
table at 2-1/2 ft. A mound system would be
required for both sites because of high water
table.
Summary: With the exception of Lot l, all lots
in the proposed subdivision appear to have suitable
soils and locations for on-site sewage treatment.
Lot 1 will require some landscaping and dewatering
for the proposed mound/fill system to work effectively.
This should be carefully reviewed by the City Engineer.
Council Meeting - June 15, 1978
Butler moved, Mayor Van Pdest seconded, to approve
the preliminary subdivision request of Jurgen
Stielow for 565 Leaf Street per the Planning
Commission recommendations of P4ay 22, 1978, staff
notes of April 28, 1978, Mike Gaffron memo of
June 15, 1978, Popham, Haik, Schnobrich, Kaufman
and Doty letter of June 12, 1978, all subje�t to
the attorney and engineer review of drainage
problems; this lot may not be suitable for any type
of soil absorption system, thus requiring holding
tanks and a regular pumping schedule. Motion,
Ayes (4) - Nays (0) .
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 9
tlayor Van P1est moved, Butler seconded, to table VARIAr10ES
the request for variances of Dennis Holmquist, 135 Turnham Road
135 Turnham Road, until more substantial #373
information is available to determine if site is Dennis Holmquist
buildable and concerning a septic system, r'Iotion,
Ayes (4) - Nays (0) . -
Mr. Alan Olson, City Planner, entered into the SUBDIVISION
record the following request for a subdivision 1340 North Arm Drive
of Edward T. Johnston, 1340 North Arm Drive, #379
dated April 14, 1978 which states : Edward T. Johnston
Sketch plan review: This application is a proposed
three lot split of property at North Arm Drive
and Loma Linda Avenue.
This identical request was reviewed and approved
by the Council on November 26, 1973, subject to
final plat drawings, a park fee and certain
easements to provide access to Lot 2. The
division was never completed at that time due to
then delinquent taxes. No park dedication fee
was ever paid. The property still exists as
eleven separate tax parcels owned by the same
party.
The proposed three lots each meet the 140 ft. lot
width requirement but are only 37,000 sq. ft. in
area (0. 85 acre) . The property was originally
assessed for five sewer units. At the time of
the previous approval, two units were waived.
Three units rermain. Taxes are delinquent to
1973.
Public information meeting scheduled for May 22,
1978 at 7: 45 P.M.
Public Information P'ieeting - May. 22, 1978
P4r. Johnston was present. No public comr.ients
were heard. Planning Commission concerned about
access, utility and drainage availability and
sketched house locations. Planning Commission
recommended preliminary plat approval of the
subdivision and lot area variances subject to
the following:
1. No setback variances for buildings
2. One combined access for Lots 1 & 2 according
to County requirements
3. Access for Lot 3 to be off Loma Linda Avenue
and not North Arm Drive
4. Payment of park dedication fee, delinquent
taxes, if any,and assessments
The lot area was found to be consistent with the
neighborhood and the previously applied sewer
assessments. (Continued)
RE�ULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 10
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Council Meeting June 15, 1978 SUBDIVISION
� 1340 North Arm Drive
Butler moved, Pesek seconded, to approve the (Continued)
preliminary subdivision request of Edward T.
Johnston, 1340 North Arm Drive, per the Planning
Commission recommendations of May 22, 1978.
P4otion, Ayes (4) - Nays (0) .
Mr. Alan Olson, City Planner, entered into the VARIANCES
record the following variance request of John 1265 Elmwood Avenue
Perkins, 1265 Elmwood Avenue, dated April 18, #374
1978, which states: John Perkins
Exhibit A - Application for variarices ...to construct
a three-car detached garage.
Exhibit B - Survey indicating location of existing
residence and proposed location of garage (10 ft.
from street and 3 feet from north side lot line) .
Exhibit C - Plat map locating subject property.
This district is zoned LR-1B and the area is sewered.
Current characteristics of property and proposed
location of new garage:
l. Lot area - 13, 560 sq_ ft.
2. Lot width - 63 ft.
3. Street setback for proposed garage - 10 ft.
4. Side lot line setback for proposed garage - 3 ft.
Variances necessary for approval:
1. Lot area - 30 ,000 sq. ft.
2. Lot width - 77 ft.
3. Street setback - 25 ft.
4. Side setback - 7 ft.
Applicant obtained staff approval for an addition
to the existing residence about a �rear ago. This
was shortly after the adoption of our current
policy. Council waived variance procedures for
additions which would not encroach existing setbacks.
The location of the new garage was proposed has some
drawbacks:
l. Nineteen foot separation between proposed
garage and existing structure on Lot 1 to the
north
2. The street (Elmwood Avenue) is currently quite
_ congested. (Other non-conforming street setbacks
and boats and vehicles) . may add to visibility
problem. (Continued)
� REGULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 11
On� the other hand, if the location were to be VARIANCE
changed to the south side of the lot, three 1265 Elmwood Avenue
trees would require removal. We would, however, (Continued)
have more flexibility in the setback from the
street.
Planning Commission Meeting - May 8, 1978
Applicant John Perkins was present. Applicant
stated that hardships to lot included a hill to
the west of the proposed garage and some trees
to the south. Discussion ensued as to other
possibilities and congestion in the area.
Motion by Frahm and seconded by Hammerel to
approve variances of 25 ft. street setback
and 7 ft. side setback due to hardships of trees
near the existing garage and topographic limitations
of lot, with the conditions that:
1. Neighbor on the north side gives written
approval of proposed garage site
2. Existing garage is removed prior to new
construction
May 25, 1978
Letter of no objection received from Herbert
Ovall, 1205 Elmwood Avenue.
Council Meeting - June 15, 1978
Butler moved, Pesek seconded, to approve the
variance request of John Perkins, 1265 Elmwood
Avenue, per the Planning Commission recommenda-
tions of May 8, 1978. Motion, Ayes (4) - _
Nays (0) .
Mr. Alan Olson, City Planner, entered into the WEST SHORE LAFAYETTE BAy
record the following request for dredging of ASSOCIATION
channel and disposal of spoils in Freshwater Dredging
Biological Institute marsh, dated September 26 ,
1977, which states:
Request to dredge existing boat channel for
navigability. Application indicates maximum
of three feet of dredging not to exceed 50 ft.
in width.
The enclosed map of Shore Hills indicates the
property owners involved. Note: the owner of
Lot 19 is also included although the lot is not
located on the shoreline. (Continued)
, REGULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 12
Included in this proposal is a request to dis�ose WEST SHORE LAFAYETTE BAY
of the spoils in the marsh located on the property Dredging
of the Freshwater Biological Institute. The (Continued)
esti.mated volume of spoils is 11,000 to 13,000
cubic yards or 1,100-1,300 10-yard truckloads.
The enclosed letters seem to indi.cate the disposal
of the spoils in the marsh as an improvement of
conditions in the marsh area. The proposed
disposal area is located less than 1,000 ft. from
the shoreline.
Planning Commission Meeting - October 3, 1977
�9ork Session. Reviewed proposal. Discussed
alternatives. Directed staff inform applicant
present copies of original dredging permit approval
from DNR to qualify project as maintenance dredging.
Staff - October 17, 1977
Certif ied property owners list just submitted in
afternoon. Late for notification of neighbors.
Planning Commission r4eeting - October 17, 1977
Reviewed proposal.. Inquired if applicant was able
to obtain any documentation of previously approved
dredging to distinquish maintenance dredging from
initial dredging. Applicant' s representatives
were unable to provide adequate documentation.
Commission suggested applicants xesearch further.
Planning Commission also discussed projected
disposal of spoils in neaxby marsh area located
on property of Freshwater Biological Institute.
Suggested applicants submit .credibl.e reports
indicating advantages of dispos.ing of spoils on
wetlands and marshes. Planning Commission also
suggested applicant consider alternatives for
disposal of spoils_ Representatives indicated
excessive cost for req�val of spoils from immediate
area. The Commission informed applicant that economic
factor generally is not considered as a hardship
with the land..
�Planning Commission tabled the issue until all
property owners within 150 ft. of subject properties,
includinq the Freshwater Biological Institute, are
notified of the proposed project. Instructed
applicant submit certified list of names and
addresses of all property owners within 150 ft. of
projected spoils disposal area also. (Continued)
, . RE('rULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 13
Staff - No.vember l, 1977 WEST SHORE LAFAYETTE BAY
(Continued)
I am enclosing some new material submitted by the
applicant yesterday. Included are copies of letters
approving the dredging in 1960 (not certified) .
Enclosed is a sketch (not too clear) of the proposed
fill area marked with an "X" by the applicants.
Also enclosed is a copy of a portion of the plat
map of the area designating the approximate location
proposed to be used for the disposal of the spoils
as indicated to me by Mr. Sween on October 31, 1977.
Planning Commission Meeting - November 7, 1977
Several members of the Association �lere present.
Mr. Earl Sween as the spokesman of the group.
He presented copies of two permits issued in 1960
by the Minnesota Conservation District.
Planning Commission reviewed documentation presented
to determine whether proposal would qualify as
maintenance dredging.. Commission appeared to
indicate interpretation as maintenance dredging.
The projected location .for disposal 4f spoils was
main concern of Commission. Orono has adopted
a policy to deny previous applications for disposal
of spoils within 1,000 ft� of the shoreline.
� Dr. Wood of the FWBI presented his views on the
proposal. He explained the advantages of .the
projected Mudcat method of. dredging which included
removal of accumulated silt only (no hard pan) .
He also assured the Commission that precautionary
r.leasures would be taken to prevent siltation of
solids and potential damage to the water quality
of the lake.
Planning Commission tabled application with reguest
for soils map and xeport and detailed .�lan for
dredging and disposal of spoils with understanding
that spoils disposal wDuld not vialate Ordinance
No. 125_ Indicated tentative approval of concept.
Approval of projected sp.oils disposal site would be
deternined after careful review of .all reports
documenting advantages txom project and assurance
that project would not adversely effect the quality
of the water. Superuision of precautionary measures
and reports would be the responsibility of the
F�7BI. Proposed disposal site should be marked.
- (Continued)
REGULAR MEETING OF T�iE ORONO COUNCIL, JUNE 15, 1978 Page 14
Staff - November 8, 1977 WEST SHOFtE LAFAYETTE BAY
(Continued)
I would like to suggest the Planning Commission and
Council take into consideration some of the problems
resulting from inadequate drainage along Kelly
Avenue before Super Valu was built.
Letter to Mr. Sween (Association spokesman) rec�uest-
ing maps necessary before contacting Hennepin County
Soils Conservation District regarding soil reports.
Planning Commission Pseeting - November 21, 1977
Representative of dredging firm presented film
on projected Mudcat vacuum method of dredging.
Consensus of Commission appeared to be favorable
toward the vacuum type of dredging..
Commission's greatest concern appeared to be
relative to the proposed disposal of spoils:
1. Short distance from shoreline and effect on
quality of water in lake.
2. Possible violation of our wetlands Ordinance
No. 125
3. Responsibility of supervision
4. Lack of detailed data for review purposes.
Several members of the Association and Land
Surveyor Gordon Coffin were present_ The
Commission instructed the association to prepare
and submit the following material so Council,
Planning Commissi.on and staf.f could continue
research and review:
1. Twenty-four maps of parcel being considered
for disposal
2. Indicate proposed location of disposal of
spoils on .these maps
3. Specifications for projected disposal
operation (time schedule, volume of liquids ,
volume of solids) �
4. Design specifications of. protectiue berms
5. Existing and proposed grades
6. Responsi.bility of supervision
7. Letter of no ol�_�ection from fee owner of
proposed site
8. Public or private damage claim responsibility
9. Mark proposed location of the disposal of
spoils on the site with stakes and flags
Planning Commission also instructed staff to forward
site plan on to Hennepin County Soils Conservation
District for soils map and report (determine wetlands) .
_ The Commission also indicated some concern with the
proposed filling relative to building site classification.
(Continued)
RE�ULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 15
Representatives were informed that proposal would WEST SHORE LAFAYETTE BAY
also require approval of all other agencies if (Continued)
Orono did approve the project. Planning
Commission tabled the proposal until all maps,
data, and reports are submitted and completed.
Staff - November 29, 1977
Letter to Association informing them City has
copy of survey of Freshwater Biological
Institute property for their review.
Staff - December 20, 1977
Received two copies of maps indicating proposed
location of disposal of spoils_ Sent one copy
to Jim Anderson of Hennepin Soils & Water
Conservation District for report. I am enclosing
copy of report from Jim Anderson.
Planning Commission - January 16, 1978
Dave Diederick, Ron Novak, the contractor, and
Dr. Wood, of the Freshwater Biological Institute,
were present repr�senting, the Association.
i�ir. Diederich presented to the Commission members
two letters outlining briefly the specifications
and proceduxes of the projected spoils disposal
project.
_ Dr. Wood' s letter dated January 16, 1978 explained
procedures of supervision as follows:
Dear Mr. Sween:
I have read over the proposed dredging plan outlined
by Mr. Novak and I am convinced that this project
should .work effectively meeting all guidelines set
down by the various State and Federal Agencies.
I visualize our rDle as the following:
a. We can retain the effluent water from the dredge
in the Institute wetlands by temporarily sealing
off the culvert which goes under Old Beach Road.
b. For this small quantity of dredge� we anticipate
that water level in the Institute wetlands will
only be elevated by a few inches.
c. �9e shall conduct daily determinations of the
nitrogen and phosphorus levels in the wetland
and release the water into Lake P4innetonka when
_ phosphorus and nitrogen values fall to the pre-
dredging levels. (Continued)
',
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 16
d. F'iske-Subbarrow and Micro-Kjeldahl methods will WEST SHORE LAFAYETTE BAY
be used for phosphorus and nitrogen determinations (Continued)
respectively.
e. We expect that the West Lafayette Bay Association
will foot the bill to lime and landscape the
spoils area by seeding and planting suitable
trees after the project is completed_
I feel that the plan as set forth by Psr_ Plovak is
ideal only because of the suitability of the
dredging site, and because the wetlands can be
used as a holding pond to ensure no contamination
of Lake Minnetonka from this dredging activity.
During out studies on nutrient release from the
spoils area we would also take the opportunity
to examine runoff from Navarre (i.e_ the Super
Value parking lot) . We could examine both lead
and oil contamination of the Institute wetlands
while it is sealed off as a holding pond. This
study will give us an idea of the sources of
pollutants resulting from urban development of
a small community such as Navarre.
End of letter
P�r. Novak also presented a map of the spoils
disposal area with seven inserts scaled to
indicate the rise in elevation resulting from
the spoils as they are deposited over a seven
day cycle period_
After a lengthy discussion, the Commission tabled
the issue far lack of time to review the latest
documentation submitted. They also requested a
more specific detailed schedule of procedures
and precautions taken during the project..
After the tabling action by the Commission, the
Association representatives requested the Commission
for a consensus of opinions regarding the disposal
project if all necessary documentation were sub-
mitted. This request was to assist the Association
in determining whether they should proceed with
submitting necessary applications with all other
agencies.
Although a vote was not takenr it appeared that
the majority of the Commission were not opposed.
Planning Commission - February 6, 1978
Mr. Russ Baumgardner, a member of the Association,
was present. The Zoning Administrator explained
_ that no additional data had been submitted to date. (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 17
Staff Note - t�Iay 17, 1978 WEST SHORE LAFAYETTE BAY
The applicant has requested reappearance before �Continued)
the Planning Commission to submit additional
information regarding spoils disposal. The last
appearance was at the January 16, 1978 meeting.
The staff has new information in hand as of this
date.
Planning Commission P�eeting - .May 22, 1978
Russ Baumgardner, Association member, and Dewey
Lindsay, dredger, were present to discuss revised
proposal. In essence, the proposal includes
a dike system expected to contain three weeks of
dredging capacity with no more than 15$ discharge
into the marsh. The marsh outlet (culvert) will
be completely blocked until the marsh water
quality is tested as equal to or better than the
lake water quality. The dredge grocess itself
is horizontal auger incapable of removing solid
matter. A£ter lengthy discussion, Planning
Commission recommended (five for, two against)
approval of dredging and this particulax method
' o� spoils disposal; the dredging being beneficial
to the lake and the property owners and the FWBI
testing of water quality being a unique scientific �
opportunity to study this process. Approval
subject to all other agency permits and regulations.
Staff Note - June 7, 1978
Discussed status of project with Roy Shultz of
the DNR who noted _that they had a fisheries
department report indicating an active spawning
aXea in Lafayette. Bay. that may a£fect the DNR' s
review of this perr.iit. Indications are that the
channel is not involved but contrnls may be
iriposed on disturbance of adjoining lake bottom.
Council r4eeting - June 15, 1978
2�Ir. Alan Olson also commented that the DNR have
not completed their review.
The lZinnehaha Creek Watershed District advised me
that a revised apglication was su�imitted to them
for an additional 90 feet of dredging.
I have received a $3,000 letter of credit to
quarantee campletion of the project.
Mr. Earl Sween was present to discuss the
application. (Continued)
,REGTJLAR t�iEETIP7G OF THE ORONO COUNCIL, JUNE 15, 1978 Page 18
Mayor Van Nest r.ioved, Butler seconded, to rec�uest 6aEST SHORE LAFAYETTE BAY
staff to submit a resolution for Council approval (Continued)
-�t the next Council meeting to include the following
conditions, which if all are met before the
next Council meeting, staff are instructed to issue
permits:
l. tlotification to City when dredging is to commence
2. All fees to be paid
3. All permits to be submitted to the City from
other agencies
4. Approval of the City Engineer and City Attorney
5. Area will be signed to show that the area is
to be a test area to determine result of
nutrient release that might be caused by dredging
6. Stop work order to be enforced if test results
show that the effluent shows excessive nutr.ients
being released that would have a detrimental ;
effect on Lake Dsinnetonka
7. City to receive constant testing reports from
the FWBI
8. Comparable sampling to be done to show nutrient
content of Lake riinnetonka and the test area
prior, during, and after completion of dredging
9. All staff .to acknowledge adherence to these
conditions before dredging is allowed to commence
'Sotion, Ayes (4) - Nays (0) .
Mr. Alan Olson, City Planner, entered into the VARIANCE
record the request for a variance of T..i.m Gagner, 740 Tonkawa Road
740 Tonkawa Road, dated April 18, 1978 , which states: #375
Tim Gagner
Exhibit A - Application for variance from street
setback requirement for approval to constr.uct �
detached garage.
Exhibit B - Survey indicating proposed loca.tion
of new detached garage. (Note: Survey was made
in 1968. It appears .survey was made prior -to
extensive addition to old residence.)
Current characteristics of property and proposed
location of new garage:
1. Lot area - 16,340 sq,. ft_
2. Lot width - 76 ft.
3. 10 ft. from side lot line
4. 11 ft. from street ri,ght-of-way
The subject property is located in the LR-1B
zoning district. (Lot requirements - 1 acre of
�3,560 sg. ft. and width - 140 ft. )
(Continued)
REGULAR MEETING OF THE OROPdO COUNCIL, JUNE 15, 1978 Page 19
Exhibit C - Plat map indicating location of VARIANCE
subject property. � 740 Tonkawa Road
(Continued)
Variances necessary for approval:
1. Lot area - 27, 220 sq. ft.
2. Lot width - 64 ft.
3. Street setback - 24 ft.
Planning Commission Meeting - P�iay 8, 1978
Applicant Timothy Gagner was present. Applicant
stated hardships to lot were losing two trees
and moving well if garage were built within
the setback requirements. The lot slopes steeply
downward from road to yard level. Jim Olson asked
whether existing blacktop area was large enough
to turn around in - applicant stated it was.
The Planning Commission unanimously approved the
variance of 24 ft.
Council l�ieeting - June 15, 1978
Pesek moved, Butler seconded, to approve the
�¢ariance of 24 ft. street setback request of
Timothy Gagner, 740 Tonkawa Road. P4otion,
Ayes (4) - Nays (0) .
P�Lr. Alan Olson, City Planner, entered into the CONDITIONAL USE PERMIT
record the request for a conditional use permit 2380 Shadywood Road
� of Grace Baptist Church, 2380 Shadywood Road, #384
dated May 16, 1978, which states: Grace Baptist Church
The . applicant wishes to transfer the ownership
and operation of the existing buildi.ngs at
2380 Shadywood Road from Calvary Memorial Church
(which congregation is moving to the Elizabeth
Gardner School Building) to Grace Bap.tist Church
(which congregation is currently housed at 2443
Cor.unerce Boulevard, Mound) . There is no proposed
change in the use of the property from the current
use. A conditional use permit is. required under
Section 34_022.
The previous application of New Ho�izon Enterprises
for use of this building as a day care center has
not been processed. The applicant has not contacted
the City since March 27, 1978.
The only issues apparent to staff are .as follows:
l: Identify extent of expected "norma�l church functions"
_ 2. Review parking sittu�tfon and possible improvements
3. Review possible future street vacation of closed
Navarre Lane where the building currently encroaches
(Continued)
�GULAR r4EETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 20
Planning Commission Meeting - May 22, 1978 CONDITIONAL USE PERMIT
2380 Shadywood Road
Lowell Zitzloff and Lou Beasley were present for (Continued)
the applicants. They indicated that they had a
valid purchase agreement and that prior agreements
had been withdrawn. Their proposed use would be
for normal church functions of a congregation of
42 families (106 people) , approximately 1/5 of
the size of the existing church. No day care
center or other unusual use is contemplated.
Planning Commission recommended approval of the
conditional use permit transfer.
Council Meeting - June 15, 1978
riayor Van Nest moved, Butler seconded, to approve
the conditional use permit transfer for the Grace
Baptist Church, 2380 Shadywood Road. Motion,
Ayes (4) - Nays (0) .
Mr. Alan Olson, City Planner, entered into the CONDITIONAL USE PERMIT
record the following request of John Swanson, 2795 Casco Point Road
2795 Casco Point Road, for a conditional use #377 '
permit, dated April 18, 1978, which states: John Swanson
Exhibit A - Application for approval of conditional �
use permit to add two more residential units to
existing residence to be used as guest houses for
the families of both man and wife of subject
household. The walkout basement would be expanded
and remodeled as a separate residential unit for
one of the families and the second unit would be
added above a proposed double garage to be
attached to the house.
Exhibit B - Survey of subject property indicating
lot dimensions, location of existing structures
and proposed necessa�y additions to provide for
two additional r.esidential units_
The property is located in an LR-1C zoning district.
(1/2 acre �or 2.1, 760 sq. ft. area and 100 ft. lot
width required)
The subject lot meets lot area requirement and
80$ of lot width requirement. Property. is sewered
and assessed for one unit.
Exhibit C - Section of plat map indicating location
of subject property_
Applicant has submitted one set of plans for projected
renovation if proposal is approved.
' (Continued)
. RE�ULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 21
Approval of this proposal would require the CONDITIONAL USE PERMIT
following: 2795 Casco Point Road
(Continued)
l. Conditional use permit� approval for two
additional units to be used as guest houses
2. Sewer unit charges should be addressed
Planning Commission P4eeting - April 24, 1978
Mr. Swanson was present and explained his application
that would include the creation of two new apart-
ments off an existing house, a mother-in-law
apartment in the basement of the house and a
separate apartment over an attached dougle garage
for his mother and father to li�e in for a part
of the year. Each apartment, as well as the
existing house, would have separate kitchen and
bath facilities so you would, in effect, have
a triplex if his proposal were approved. The
Planning Commission was concerned with the effect
of building an apartment unit in a single family
zoning distric.t, and noted that the guest house
requirements would reguire a lot size variance
because each separate guest house by the ordinance
is required to have all the requirements of a
single family house on each lot. In this case,
the lot is large enough for one unit, not:•three
units. Dick Hasse.l recommended review of the
plans and redesign to accommodate the guests
without separate facilities or separage entrances.
Gregg Hannah also suggested separate wings would
be all right if the access �vex�e through the house
and not from an outside access_ The Planning
Commission suggested that if the house were
redes.igned to allow for this, a conditional use
permit�may not even be necessary and only an
addition would have to be considered for the house.
Planning Commission Meeting - May 8, 1978
Applicant John Swanson was present_ rsr. Gaffxon
stated that applicant was di�ected by Planning
Commission to bring in new plans showing an
addition rather than two additional units.
Applicant presented plans showing an addition
to existing house without separate ki.tchen
facilities. Planning Commission re,viewed the
plans and addressed whether variances were
required for the proposed addition.
Motion by Hannah and seconded by Hammerel to
approve the proposal as an addition to a single
family dwelling, approve variance .of 20� of lot
width requirement, with provision that extension
- to the west does not further encroach on present
side setback. Motion carried. (Continued)
}
'REGULAR t�'iEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Pa9e 22 �
CONDITIONAL USE PERMIT
Staff Note - May 16 , 1978 � 2'795 Casco Point Road
.ie proposed construction plans are too large to (Continued)
copy but will be available at the meeting.
The two apartments or living areas are accessible
only through. the main house but each contain
separate bathroom facilities and a "wet bar" .
Council may wish to have the applicant sign-off on
a resolution to be filed in the chain of title
such that these units are not rentable.
Council Meeting - June 15, 1978
Mr. John Swanson, 2795 Casco Point Road, was
present to discuss his application commenting that
he wants to provide room for his mother-in-law, ,
mother, and father.
� Mayor Van Nest: You are requesting a multiple •
dwelling, which is impossible to control which
would plague us for years to come.
Mr. Roland Price, 2776 Casco Point Road, commented
that approval of this would devalue my home.
Mr. Ronald Grundeen, 2797 Casdo Point Road: I do
-�ot want this addition to protrude out in front
�f my home.
luiayor Van Nest: Mr. Swanson needs one acre of
land to qualify for guest house. This .lot is only
28,000 sq. ft.
Mayor Van Nest moved, Pesek seconded, to table
the request for a conditional use permit of
John Swanson, 2795 Casco Point Road, for further
staff review. Motion, Ayes (4) - Nays (0) .
RESOLUTION #906
Mayor Van Nest moved, Butler seconded, to adopt Conle Brooks Division
Resolution #906, A Resolution Approving A Sub-
Y
division For Conley Brooks. Motion, Ayes (4) -
Nays (0) .
VARIANCE
Mr. Alan Olson, City Planner, entered into the 925 partenwood Road
record the request for a variance of Jack Safar,
925 Partenwood Road, dated April 20, 1978, which Jack Safar
states:
The applicant is requesting a variance for con-
struction of a private dock on Outlot A of the
Partenwood subdivision. Mr. Safar has made an
offer on Lot 1, Block 3 upon which he intends
� to erect a home.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 23
At the time of the plat approval for Partenwood on VARIANCE
June 26, 1978, Outlot A was created as lake access 925 Partenwood Road
`.or Lots 1 & 2, Block 3. See attached covenants (Continued)
�hich are in the City files. Current regulations
prohibit construction of a dock on detached outlots;
hence, the variance request. No comments exist
in the record concerning the g�oposed use of the
outlot.
Note the applicant' s coriments on the application
form regarding overall shoreline density. Review
of this application should also address future
dock requests for Lot 2, Block 3, i.e. , the outlot
was obviously originally intended for use by two
lots and up to four boats. Is this boat density
reasonable or not, and should any allowed dockage
be in one or two separate structures?
Planning Commission Meeting - April 24, 1978
Mr. Safar and Mr. George Johnson were present at
the Planning Commission meeting_ P�r. Johnson went
through an explanation of the creation of this
outlot along with the creation of the other lots
within the Partenwood Subdivision noting that
there were thirteen one-acre sites in a total area
of 24 acres, eleven of those sites are actually
•iparian with two lots inland_ Those two lots
,eing the subject of this variance. Outlot A,
which is where the dock is requested to be placed,
is now owned in fee by P�r. Johnson because he is
also the fee owner of Lots 1 & 2, Block 3. Lots.
1 & 2 each have a 1/2 undivided interest in Outlot
A. Mr. Johnson argued against imposing higher
restrictions today than those imposed wh�n the
lot was platted. Mayor Van Nest noted �hat the
City would consider granting a variance to build
a dock under the current dock regulations, i.e.
that the dock be no more than 100 ft. long and
that no more than two countable boats be pl.aced
at the dock at any one time, and also that
LP4CD liultiple Dock I�icense would be required
due to the dock location on an outlot.
Staff Note - May 8, 1978
At this time, the .staff received a capy of the
actual adopted L1ZCD Code_ This has been supplied
tonight for your review and concluding review of
this item. Because of the late receipt of this
document, the staff has not reviewed the Code for
applicability in this particular case.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 24
Planning Commission Dseeting -� May 8, 1978 VARIANCE
925 Partenwood Road
lpplicant' s representative, Mr. Johnson, was (Continued)
�resent. He stated his opinion that Orono zoning
ordinances should not have a retroactive effect
on the Partenwood plat covenants. He also stated
that the proposal for docks would meet current
I�iCD requirements.
Some discussion ensued as to the legal aspects of
this situation, and to whether one or two docks
should be allowed.
Motion by Hammerel and seconded by P4cDonald to
approve request of a variance for construction
of not more than two private docks on Outlot A
and granting access for Lots 1 & 2, Block 3, of
the Partenwood Subdivision, in conformity with the
conditions set forth in the existing Partenwood
Subdivision Plat approval and the restrictive
covenants attached thereto, dated June 14, 1972.
Ayes (3) : Hammerel, Hannah, and McDonald.
Opposed (2) : Frahm and Wilson. ?�otion carried.
Staff Note - May 16, 1978
Council may wish to apply a joint use dock license
-o this outlot and/or to require one jointly used
sock with a maximum boat limit. If .so, a resolution
may be in order.
Council Meeting - June 15, 1978
P4r. Alan Olson also commented that the City might
want to consider the joint use of only one dock.
Mayor Van Nest reviewed the covenants and
restrictions of Outlot A:
Covenants and Restrictions of Outlot A
It is intended that Outlot A shall be owned by the
owners of Lots One (1) and Two (2) .of Block Three
(3) of Partenwood_ It is intended that the owner
of Lots One .(1) and Two (2) of Block Three (3) of
Partenwood shall each have an undivided interest
in Outlot A. The purpose of Outlot A is for the
sole reason of providing a place for. those two
lots to have lake access and to maintain a dock
for the pleasure and recreation of the owners
of those two lots. Outlot A, therefor.e, may be
used only by the owners of I�ots One .(1) and Two
(2) of Block Three (3) and the use and enjoyment
hall be subject to the following conditions,
�estrictions, limitations and covenants:
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 25
A. There shall be no launching of ,power boats, VARIANCE
pontoon boats or power craft, of any kind, 925 Partenwood Road
from Outlot A. (Continued)
B. There shall be no docks erected or maintained
within twenty feet of either side of Outlot A.
C. There shall be no structures of any kind erected
on Outlot A and this includes but is not limited
to boat houses, on shore docking facilities,
guest houses, and fish houses. Landscaping
shall not be allowed without the approval of
the Architectural Committee.
D. There shall be no parking of vehicles of any
kind on Outlot A.
E. Outlot A shall not be used for any use or
activity which is not compatable with the
other lots in the Partenwood area. The docks
erected or maintained on Outlot A may be used
only by the owners or the occupants in residence
of Lots One (1) and Two (2) of Block Three (3) ,
Partenwood Additian, and such docks or facilities
for docking may not under any circumstances by '
used, loaned or made available to any boats
owned by or used by any other persons other
than those who are either the owners of or in
residence at Lots One (1) and Two (2) , Block
Three (3) , Partenwood Addition.
F. There shall not, at any time, be kept at Outlot
A more than two watercraft by any one owner ar
resident, and no watercraft, of any kind, in
excess of tw�aty three (23) feet in length
shall be moored,_ stored, or kept .at the dock
maintained on Outlot A_
G. It is also intended that all of the other
conditions, restrictions, and limitations with
respect to type, placement, and color of docks,
boats, watercraft, etc. shall apply to Outlot A
the same as they apply to all other lots in the
Partenwood Addition; except that, in the case
of conflict the provisions of this Section IV
shall prevail.
H. A small sign designating Outlot A as private
property shall be permitted upon said property_
It is the overriding intention of .the declarants
herein that Outlot A is intended to serve the
�urpose of providing lake access for the owner or
esident of Lots One (1) and Two (2) , Block Three (3)
_ of Partenwood Addition, and that any use of Outlot A
must be consistent with the residential character (Continued)
REGLJLAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 26
of the Partenwood area, and it is in�ended that the VARIANCE
use of Outlot A shall be a more restrictive use 925 Partenwood Road
han that available to the other lots within the (Continued)
area.
It is also intended that Outlot A shall forever
be kept, maintained and used only for the purposes
outlined herein. Any violation of the provisions,
conditions, or restrictions contained herein shall
warrent the declarants or any other lot owner to
apply to any court of law or equity having jurisdiction
thereof for an injunction or proper relief in order
to enforce same in the court, and, in its descretion,
may award the plaintiff his court costs and reasonable
attorneys fees. No delay on the part of the declarants
or any other person in the exercising of any right,
power or remedy contained herein shall be construed
as a waiver thereof or an acquiescence therein.
Various rights and remedies of all per.sons .hereunder
shall be cumulative and the declarants or any other
property owner may use any or all of said rights '
without in any way affecting the ability of the
declarant or any other property owner to use or
rely upon on enforce any other right_ "
George Johnson commented: We originally planned
for this outlot to accommodate two lots..
_,ayor Van Nest moved, Butler seconded, that a
resolution be prepared for the next Council meeting
to include: one dock to serve two lots; limit of
four boats; no other construction; conservation
easement in chain of title. Motion, Ayes (4) -
Nays (0) .
Mr. Alan Olson., City Planner, entered into the VARIANCE
record the following request for a variance of 4685 North Shore Drive
David Butler, 4685 North Shore Drive, dated #382
April 20, 1978, which states: David Butler
The applicant proposes to expand his existing
house over onto the adjacent lot which he has just
(is going to?) purchase. A variance was granted
on November 22, 1978 for an addition to the
existing house, which addition has not yet been
completed.
The total property .is 27.,600 sq_ ft,. Qr 0. 63 acre.
Al1 setbacks are met except front yard where 27. 5 ft.
is proposed vs. 35 ft. required. This setback is
to a platted undeveloped alley. Staff recommends
�riance approval.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 27
Planning Comr.iission 2�eeting - P3ay 8, 1978 VARIANCE
� 4685 North Shore Drive
Applicant David Butler was present. (Continued)
P�iotion by Frahm and seconded by Wilson to approve
variance of 0. 37 acre lot area and 7.5 ft. front
setback, due to hardship of topographic lot
restrictions and :.safe access to County Road 19,
contingent on combination of Lots 77 & 78,
including payment of any due taxes and proof of
purchase or ownership. Motion approved unanimously.
Council Meeting - June 15, 1978
Butler moved, Paurus seconded, to approve the
variance request of David Butler, 4685 North
Shore Drive, per the Planning Commission recom-
mendations of May 8, 1978. Motion, Ayes (4) -
Nays (0) .
t�'Ir. Alan Ol�on, City Planner, informed the City NAVARRE DRIVE-IN TFiEATRE
Council that the construction of the fence has been Fence
completed to staff satisfaction at the Navarre
Drive-In Theatre.
i�ir. AlannOlson, City Planner, presented �the . • NAVARRE DRIVE-IN THEATRE
City Council with a letter from Rev. Jack R. Church Services
Niemi, PastQr of the C'�ood Shepherd Lutheran
Church, dated Psay 24, 1978, which states:
Letter - Page 28
Council Meeting - June 15, 1978
Rev. Jack Niemi was present to discuss his request
commenting that the Good Shepherd Lutheran Church
used this theatre ten years ago_ I would like to
use the theatre every Sunday commencing July 2
through September 3, 1978 at 10:00 A. M. to 10: 45 A.M.
I do intend for .this to be a community service for
everyone.
Mayor Van Nest: Our concerns are multi-uses of �i
the area and possible noise ar complaints from
the neighbors.
Paurus moved, Butler seconded, to dixect staff
to prepare a resolution for the next Council
meeting to include: Community church services
for those dates and times; waive application fees;
license to be revoked if complaints from the
neighbors; and no speakers to be used. 1�4otion,
_ Ayes (4) - Nays (0) .
� Page 28
3745 SHOREUNE DRIVE,
�� � ��� ���� WAYZATA, MINNESOTA 55391
� � PHONE 471-8433
�����/��� ������ JACK R. NIEMI, PASTOR
�� .
Nlay� 24, 1978
Orono City Council
Box-66
Crystal Bar, T�Iinn. 5�323-
Dear Conncii 3�'�embers;
I wonld like to request permissinn to ffo7.d c�nitr� �c�nenical
worsfiip servi�ces at tfie Navarre D�be-Tn Tfiea�r on S�n3a�s�
These informal services wonld rnn f�om=dnne 11tF'i to Septembea
3rd. Tfie time of tfie seryi�ce won13 be 9";0�l a. 3as � g:45 a;m.�-
I strongly fiel3eve tfiis wonld be a posi`tive program�or onr
co�nnni�tY. TFii,s waald provide �nany� people an o�po�tnru.�t��px
worsfiip; sncfi as tfie fiandicappe�3, �isitors �honn-vntsifle tfie�
commnnity, etc.
Drive-In WorsIiip fias proven to be yezy� popnlar i.n�a,nr ��rts
of the Z1vin City area. Tb.e �ollowing cfinrcfiss• xs�11 sponsur
services tfiis swa►ners �
Trini`ty� Luth,eran Cfinrcii T .. �llto� D�r�,ve�I� TFeater
Stillwater, Tqinnesota
Our Redeemer LutTieran CFinrcFi t. -• I�apleleaf �r�+e�Fn Tf��.te�
St. Paul, Minnesota " _
Angnstana Lutb.eran CIinrcFi � � Corral Dr�e� Tfieate�r
St. Panl, 1�Ii`nnesuta
Prince of Peace Lntfieran Cfin�c� � R Iucky�T��n I�r�e�Txi Tfieater
Burnsville, pi�nesota
Eastern Heights Lntfieran Church r -- M�nnebaFia Dxi�e�.J.h Tfieater
The owners of tbe Nayarre Drive,Ih fiave Feen verr zesponsi3+e to
our reqnest and have gi,ven ns tfie�,�.c permissbn and ap�rovai.
I would appreciate your �osi.t�ye xes�onse to tbts rec}uest and
would complr wz.�th any� cond�tions ynu �ronld set fort�i.
Sincerely,
� �v `
• �if'�l,
ack R. Niemi _
- ' JRN:ms
� .
REGULAR MEETING OF THE ORONO COUNCIL, JiJPdE 15, 1978 Page 29 .
Mr. Bruce Douglas and Mr. Steve Emmir�gs were �IARINA REPORTS
present to represent North Shore Drive and Gayle's North Shore Drive Marina
Marinas.
Mr. Alan 'Olson, City Planner, reviewed the Marina
Committee minutes of April 18, 1978 concerning
North Shore Drive Marina which state:
Previous Licenses: Past years licenses have been
for ninety-five (95) waterward slips. In 1977,
the Council reviewed dry stacking options and
revised the slip determinations. Resolution #823
adopted on September 12, 1977, Item No. 6 authorized
seventy-five (75) rental water slips , twenty (20)
lagoon staging slips, twenty (20) rental dry slips
and fifty-five (55) other boats on the property,
a total of 150 boats on the marina property. The
dry stacking units were erected subsequent to the
adoption of Resolution #806, dated July 25, 1977,
and a stipulation for settlement in the Fourth
District Court, dated July 29 , 1977. The agreement
at that time authorized construction of the two
dry stacking storage units in return for certain
� real improvements to the marina property certain
restrictions on the number of boats on the property.
Included was screening by fence and vegetation,
the construction of baffle weirs in the lagoon
to control runoff from the parking area, a limit
on the use of slips in the lagoon to setups from
the dry stacking storage units, and a maximum
limit of 150 boat units on the property at any
one given time.
Current Application: The 1978 license application
to the City of Orono indicates ninety-three (93)
waterward slips of which seventy-five (75) were
to be rental and the remaining eighteen (18) were
to be repair or launch ramps set up slips. 1978
LtdCD license application indicates seventy-five
(75) waterward slips. In addition, the Orflno
application indicates forty-eight (48) dry slips
for the 1978 season making a total of 141 boat
units on the property_ Plans submitted with the
application to the City and the LMCD indicate
the maximum lakeward extension of the main dock
at 200 ft. projection of the dock into Maxwell Bay.
Committee Comments: Bruce Douglas, the applicant' s
attorney, r.made the following comments:
1. The lagoon was going to be used as staging
area slips only except that four slips would
be used for company service boats. `
_ 2. Baffle weirs are to be constructed across the
entire end of the lagoon in conformance with
the Minnehaha Creek Watershed District Permits
and that engineering drawings were to be forth
� coming for our review. (Continued)
�
' ;
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 30
3. Screening was to be completed soon including NORTH SHORE DRIVE MARINA
the completion of the fencing, planting of (Continued)
lilac hedges on the locations shown on the
approved plan, and perhaps planting of some
vegetation in front of the fence to reduce ;
the bulk of it. �
4. The marina contends that all the dock structures
'
are within the maximum 200 ft. dock use area
and that a survey has been. made that would
indicate the same.
Staff was asked to verify the existence of such a
survey. In review of our records, we find a drawing,
dated June 5, 1975, which indicates the landholdings
of the marina and various shoreline configurations_
Also on the drawing is a sketch of a dock configuration
without any dimensions. Scaling that sketch would
indicate that the east side of the dock extended
202 ft. into the water and the west side of the
dock extended 300 ft. into the water.
The Committee was concerned with the following items:
1. Screening - the required planting and lilac hedges
have not been installed, and the fence has not
been completed. Also the installed fence is
somewhat overpowering and should be tempered with
the placement of bushes and other greenery on
the road side of the fence.
2. Parking - the plan submitted this year does not
show parking spaces, although the Committee did
believe that parking was adequately supplied.
3. The baffle weirs - the Committee generally approved
of the idea, but did request complete engineering
drawings for review by the City prior to construction.
4. Lagoon slips - the Committee requested documentation
that those slips were being used as per the stipulation
and agreement of 1977, and not for general rental
purposes.
5. Dock length - the Committee requested Mr. Hork to
produce a survey that would verify compliance with
the 200 ft. requirement_
6. Access - the Committee suggested compliance with
the ordinance requirements of paving at least
30 ft. from the public highway into the marina
property.
� (Continued) �
\
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page31
Staff Comments: = The Council should review this.• NORTH SHORE DRIVE MARIr
application in terms of compliance with �the (Continued)
resolutions and agreements made last year including
the specific use of dry stacking storage, lagoon �
slips, and general waterward slips, and the length
of the dock structure. It is apparent that certain
requirements have not been met, including the
completion of the screening, the installation of
the baffle weirs, and the length of the dock structure.
On April 19, 1978, Alan Olson was on the property
along with representatives of the LMCD and the DNR,
at which time the dock structures were r.�easured by
ourselves and found to exceed the 200 ft. limit.
Staff recommends that the Council require an accurate
up-to-date certificate of survey of the dock layout,
wherein the applicant would insure compliance with
all the dock use area requirements.
Mayor Van Nest: Our concerns are:
l. Four slips for service boats
2-. Baffle weirs
3. Screening
4. Dock length
5. N�unber of slips in the lagoon.
6. Gravel drive _-
We certainly would like to see a better job done
on screening the area. As stated, the fence is
over-powering.
Bruce Douglas: That is your .assertion; the point
: is that the fence color was your staffs recommendation.
Mayor Van Nest: Staff have reviewed previous concerns.
. JoEllen Hurr, Planning Commission Member: I have
observed boats in the lagoon�
Bruce Douglas: The letter on weirs was submitted
to us and we are proceeding to satisfy� this. Efforts
are being made to corre�t your concerns and conditions. .
Mayor Van Nest: If dock length is determined, I am
in favor of issuing license, subject to applicant
meeting all of our condition�s_ - .
Mayor �an Nest moved, Pesek seconded, for staff to
submi� a resolution _at our June 29, 1978 Council
meeting to .determine:
1. Dock length �
2. Angular dock protrusian
3. All other conditions to be met
_ _ Motion, Ayes (4) - Nays (0) .
REGi7LAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 32
Mr. Alan Olson, City Planner, reviewed cor.unents GAYLE'S MARINA
from the Marina Committee rainutes of April 18,
1978, which states :
No representative was present from Gayle' s Marina.
Previous Licenses: Always issued for a maximum of
1 4 slips.
Current Application: As of the date of the Marina
Committee meeting and as of today's date, no
application for 1978 has been delivered to the
City despite repeated attempts to contact the
marina operators. The City has received a copy
of the 1978 LMCD application which indicates 134
slips. A survey attached to the LMCD application
shows the property, but does not show any dock
arrangement.
Committee Comments: With no application bef�re
them, the Committee could not review this license.
Staff Comments: This marina has had notice of
extreme dock use area violations in past years
and has a history of very dense onland summer
boat storage. Staff feels that these problems
have contributed to the lack of filing an application
this year. Staff feels that Council should
seriously review this situation.
l�lr. Olson commented that as noted �e T�4arina Committee
had not received an application. We have since
received an application. I also have received a
letter from P4r. Wittig, which states:
"Our property, buildings, fence, docks - have been
the same for the last 12-15 years. I REPEAT nothing
has changed! Only the landscaping has changed_
You have on file at least three plot plans of site
and dock lay out. The prints I turned in show
what you are now asking for. It has not changed!
The second set of prints you have on file shows
the to date landscaping, - Hank marked it Exhibit B.
Hank took copies from our original - and you should
have at least three on file.
In a way of explanation - The first year planting
shown were planted. The third years planting were
planted. The second years planting were not planted
around the proposed building because the building
was not erected. Last year the Village wanted more
'�rees planted.
(Continued)
� .
RE�ULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 33
Please leave with my office whatever you have. - GAYLE'S MARINA
showing where these pine trees were suppose to be (Continued)
planted - so I can complete it as rapidly as possible.
A certified list of property owners - also has been
turned in to the Village before. Look in your files
for it. I have ordered another list from the
Hennepin County Property and Description office.
They are however behind and it will probably take
them another week to complete it far us to pick up.
I cannot understand why - you must continue to ask
us for what you already have on file. Do you loose
what we turn in? or what seems to be the problem?
Thank you for your time and patience. "
Gayle Wittig '
Th� I.nke.:Minnetonka Conservation District letter
to PZr. �•�ittig, dated June 7, 1978, states:
"The LMCD Board of Directors at its regular meeting
of April 26, 1978, reviewed your application for
a 1978 multiple dock license, and upon recommendation
of the Boat Storage, Mooring and Launching Committee,
denied your application for non-compliance with the
length limitations of the LMCD Code_
The plan submitted provides for dockage beyond the
200 ' maximum length allowable.
The District will be happy to review any new proposal
meeting LMCD requirements. Please resubmit your
conforming plan promptly for consideration for the
1978 season.
Operating a multiple dock without a license is a
violation of the LMCD Code.
Should you have any questions or need assistance
in complying with the above requirements, please
contact us. "
Frank Mixa, Executive Director
Mayor Van Nest: We have an incomplete application
from Gayle' s Marina?
Alan Olson: Y2S� the dock last year was not in
compliance.
Bruce Doug�.as: My client wants dock configuration
and length the same as last year. I request you
_ to license my client up to 200 feet.
(Continued)
REGIILAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 34
. � �
P�ayor Van Nest moved, Paurus seconded, for staff GAYLE'S MARINA
to submit a resolution at the June 29 , I978 Council (Continued)
meeting to include previous conditions and if
dock length is not �i.a�, ��c,ompliance, �the resolution
should be to deny license.
Bruce Douglas: I believe the dock length should
be determined to be validated by all agencies.
2dotion, Ayes (4) - Nays (0) .
Mr. Alan Olson, City Planner, reviewed the Marina FOX HILLS ASSOCIATION
Committee minutes of April 18, 1978, concerning LICENSE
the Fox Hills License, which state:
Fox Hill Homeowners Association - Representative:
Jack PZarshall, Association President, was present.
Previous Licenses: Always issued for eleven (11)
slips.
Current �pplication: Eleven (11) slips, one (1)
lift, one (1) buoy; total 13. (1978 LMCD Application
includes a map showing sixteen (16) slips and two (2)
buoys for a total of eighteen (18) boats in a dock
arrangement considerably different than that
proposed to the City. ) The proposed dock arrangement
is identical to the dock arrangement used in
previous years and licensed by the City. The
buoy and boat lift have been in place in previous
years but were never noted on the application before
and were never before specifically licensed by the
City.
Cor.imittee Comments: The Committee determined that
the application subr,iitted to the LMCD seer.is to be
an unreasonable expansion of the existing use of
the joint dock, but that the thirteen (13) boats
including the buoy and the boat lift were a
reasonable use provided all setbacks are met with
the dock structure. These setbacks should be
verified in a manner similar to the survey used
for the LMCD application.
Council Meeting - June 15, 1978
Mr. Jack Marshall, representing the Fox Hills
Association, was present to discuss their application.
r4ayor Van Nest: Why are you increasing your slips
each year?
Mr. 2�arshall: I did not think we did.
rsayor Van Nest: The record shows you are. I
s. tZarshall: There are 14 homeowners at the
_ present time and two vacant lots. I
Councilmember Butler: Why are there two different
plans submitted? (Continued) i
I
i
,
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 35
Mr. Marshall: One to the LMCD and one to Orono. FOX HILLS ASSOCIATION
We are not trying to conceal anything.- � (Continued)
Alan Olson: The City has imposed a stop work order
on a lake�hore structure being built without a permit
by the Fox Hills Association.
Mayor Van Nest moved, Pesek seconded, for staff
to submit a resolution at the June 29, 1978 Council
meeting to approve eleven slips based upon research
of previous record of slips allowed. Resolution
to also include:
l. Lakeshore structures to be removed in violation
of setback regulations
2. If allowed dockage cannot be stored on property,
dockage should be removed each year.
Motion, Ayes (4) - Nays (0) .
Mr. Alan Olson, City Planner, reviewed the Marina NOY2TH SHORE UNION 76
Committee minutes of April 18, 1978, concerning Marina License
the Union 76 marina license, which state:
No representative was present from the North Shore
Union 76.
Previous Licenses: Always for three service slips
only, no permanent mooring.
Current Application: Three service slips. One
dock structure, length 130 ft.
Comn►ittee Comments: No winter storage is indicated
on the application. The Committee was concerned
that several boats were stored there over the past
year.
Staff Comments: None
Mayor Van Nest moved, Paurus seconded, for staff
to submit a resolution at the June 29, 1978 Council
meeting for Council approval. Motion, Ayes (4) -
Nays (0) .
Mr. Alan Olson, City Planner, reviewed the Marina NORTH STAR MARINA
Cor�mittee minutes of April 18, 1978, concerning P'iarina License
the North Star Marina license, which states :
Ray Kempf and later in the discussion Paul Kempf
were present.
, Previous Licenses: Always issued for ninety-five
95 slips which were on the Maxwell Bay side.
Requests for three (3) slips on the Crystal Bay
side have been specifically denied for rental
purposes and have not been included in the licence
total. (Continued)
RE�ULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 36
�
Resolution #821 adopted on September 12, 1977, NORTH STAR MARINA
included several specific requirements. No. 4 (Continued)
required completion of all required landscaping
on or before July l, 1978. No. 6 authorized
ninety-five (95) slips on Maxwell IIay, and
prohibited the mooring of boats or service at
the dock on Crystal Bay. This dock was to be used
only for the docking of -one personal boat for the
owner of the property. Also included in Pdo. 6
was a requirement that the dock structure be
reduced to 200 ft. maximum length as required by
LMCD Regulations and as by Resolution #810, which
was a resolution granting a dredging perr.iit adopted
on August 8, 1977 and agreed to by Paul Kerapf.
Current Application: This year's application has
again been made for ninety-eight (98) slips, three
of which are requested as company boat slips on
Crystal Bay. The 1978 LMCD application ciiffers
from the application to Orono in that the LP'ICD
application shows ninety-seven (97) slips on
i�axwell Bay (two slips greater than the Orono
application) and one slip on Crystal Bay (instead
of the three as proposed to Orono) _ The application
includes a proposal for fencing and additional
blacktopping or hardcover, a plan for curb cuts
along County Road 51 and possible revisions of
the plans to remove two existing buildings on the
property. The application specifically lists the
main dock structure on Maxwell Bay as 325 ft. long,
125 ft. over the maximum allowed by Orono and LMCD.
At the Committee meeting, Mr. Kempf noted that he
was willing and eager to have all issues decided
at once including the curb cuts , dock length,
paving, etc. , but that there were "no plans for
dock cutback this season" , that such discussions
would open the door toward dry stacking and building
requirements as had been presented to the City in
previous years�
Committee Comments: The Committee was concerned
with the front of the marina including screening,
parking, traffic and the general clutter of the
area. The Committee was concerned with the lack of
specific plans to reduce the non-confozming length
of the docks. The curb cut plans were discussed
and generally approved, however, the Committee
desired detailed engineering drawings of the plan
rather than the sketches that were presented. The
hardcover was reviewed with the concern being the
percent of hardcover that would be on property
as well as drainage to the neighboring properties.
No engineering plans were submitted on this item
either. (Continued)
�
REGULAR MEETING OF THE ORONO COUNCIL, JiJPdE 15, 1978 Page 37
The applicant noted that the Crystal Bay slips NORTH STAR MP.RINA
were to be used for demonstration purposes and (Continued)
not for rental. The Committee had no comments .
on the three slips on Crystal Bay as long as they
were to be used for private purposes. The North
Star has been kept at this slip for the last
month.
Staff Comments: Issuance of the license should
resolve the differences between the LMCD and
Orono applications in regard to the Maxwell Bay
slips, Maxwell Bay dock length, the Crystal
Bay slips (either including them in the license
or specifically denying them and authorizing
the prosecution of violations thereof) , and should
include conceptual review of the curb cut plans
subject to detailed engineering analysis.
Council Meeting - June 15, 1978
No representatives from North Star Marina were
present.
Mr. Alan Olson reported that noti.ces were sent
out to all marina owners.
Mrs. Kane, 3332 North Shore Drive: Discussed
her two letters of June 15, 1978, which state:
"In addition to my letter of May 9, 1978, regarding
my concerns in the renewal of North Star Marina's
license at the June 15 Council meeting, I am sub-
mitting the four enclosed photographs to emphasize
the points in my .letter.
All photos were taken on Sunday, June 11, �1978,
and would seem to substantiate the problems
expressed at this and other Council and/or
Planning Commission meetings in the past. :
It is hoped that something can be done to enforce
existing � regulations regarding rainfall run-off,
screen ng of unsightly areas by fences or shrubs,
and general clean-up of property_ Perha�s all
of this could be done through a cooperative and
joint effort of the City of Orono AND North Star
Marina, an effort which would improve one small
area of Lake Minnetonka for a great number of people.
Thank you. "
Mrs. Kane' s letter of May 9, 1978 regarding
June 15, 1978 - 7:00 P.M. meeting, states:
_ "I was informed by Mr. A1 Olson this week that the
North Star Marina license renewal is coming up
for consideration on the above date by the Orono
Council.
(Continued)
RECULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 38`
I hope to be present� at this meeting to voice a NORTH STAR PSARINA
few concerns regarding their present operation (Continued)
but in case I cannot make it, wish to present
the following for your discussion with the
representative of the North Star R4arina at that
meeting:
l. The management and their help are not enforcing
the regulation of no boat dockage in the 10'
space adjacent to our property line on the
Maxwell Bay lakeshore.
2. During the past several years at various
Council meetings that I attended, they
indicated they would improve their premises
by cleaning up the debris every spring and
also plant shrubs or put up a fence on the
west side of their grounds. As of this date,
nothing has been done to improye their grounds
along this line. Right now there is a burned
out boat laying in the yard next to our fence
which is a hazard and an eyesore.
If you have an inspector, this should be
checked out before another season has gone
by and the law enforced.
3. When their new building was built, their lot
was raised to such an extend that during a
heavy rain, our premises get the watershed
from their grounds, which also affects the
property next to us. We have asked the village
to do something about this situation but as
of to date have gotten no co-operation from
the village nor the North Star Marina. During
the heavy rain on Saturday, May 27th, the-
watershed from their driveway into our yard
was like a falls.
4. This is the second year I have attempted to
get a "no parking" sign on the shoulder of
the road on the Crystal Bay side to stop the
overflow of cars who cannot park on their
premises from using the road shoulder for
parking. There are two "no parking" signs
further down the road near Gayle's Marina but
they cannot be seen due to the curve in the
road at this point. Usually this happens on
the weekends and it makes it unpleasant for
us to use the access we are entitled to on
Crystal Bay.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 39
,
I have been in touch with Mr. Gerhardson NORTH STAR MARINA
regarding this, but he and the chief checked (Continued)
it out during the week when the lake traffic
is light. They also were looking at the
situation on the marina side of the road.
Even then, we get cars parking in front of
our property and it makes it difficult to get
on to the road due to the fast driving on
the "S" stretch of the road fror.l Bohn's Point
Road to the Boy Scout Road.
Mr. Gerhardson said it has to be approved by
the Council and the application made to
Hennepin County Highway Department for place-
ment of a sign in this area.
I shall continue to bring these matters up, but
hope eventually the necessary steps will be taken
to correct the problems so that our property will
not suffer from the sloppy operation of the North
Star P�tarina. "
End of letter
Lake Minnetonka Conservation District letter to
North Star Marina, dated June 7, 1978, states:
"The LMCD Board of Directors at its regular meeting
of Apri1 26, 1978, reviewed your application for
a 1978 multi�le dock license, and upon recommendation
of the Boat Storage, Mooring and Launching Corunittee,
denied your application for noncom�lia�ce�w,ith the
length limitations of the LMCD Code.
The plan submitted provides for dockage beyond
the 200; maximum length allowable.
The District will be h�:ppy to review any new proposal
meeting LMCD requirements. Please resubmit your
conforming plan promptly for consideration for
the 1978 season.
Operating a multiple dock without a license is a
viQlation.of the I�MCD Code.
Should you have any questions or need assistance in
complying with the above requirements, please
contact us. "
Frank Mixa, Executive Director
(Continued)
R�GULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 40
PZayor Van Nest moved, Pesek seconded, for staff NORTH STAR MARINA
to submit a resolution at the June 29, 1978 (Continued)
Council meeting to deny the North Star P4arina
license based upon:
1. Noncompliance to LMCD 200 ft. dock length
2. Noncompliance to previous resolution conditions
such as:
a. Curb cut
b. Parking
c. Storm water runoff
d. Landscape
e. Fencing '
f. Large boat in residential zone
Motion, Ayes (4) - Nays (0) .
Pesek moved, Butler seconded, for staff to submit CURB CUTS & NO PARKING
a resolution at the June 29, 1978 Council meeting SIGNS
to request Hennepin County to proceed with curb
cuts along County Road 51 in the front of the
North Star Marina and to review the request for
"no parking" signs. Motion, Ayes (4) - Nays (0) .
RE�ULAR MEETING OF THE ORONQ COUNCIL, JUNE 15, 1978 Page 41 '
Mr. Alan Olson, City Planner, reviewed the Marina STUBB'S BAY MARINA
Committee minutes of April 18, 1978, concerning LICENSE
the Stubb' s Bay riarina, which state:
James McCleary was present.
Previous Licenses: Always issued for sixty-six
66 slips.
Current Application: 1978 applications to the City
and LMCD show sixty-six (66) waterward slips. A
variety of options have been presented to attain
the 66 slips. Included are dredging proposals
and two separate rezoning proposals. Council
has indicated preference for on-lan,d dry storage
in lieu of general harbor dredging or rezoning.
Corunittee Comments: Mr. McCleary presented his
arguments for maintaining sixty-six (66) water-
ward slips saying that dry stacking was an
unacceptable alternative. He intends to operate
on the existing dock layout and dock structures
until the dredging issue is resolved. The
Comr.iittee reviewed four alternative choices as
follows:
l. Permitting only those slips as naturally
. available within the permitted dock use
area, no dredging to be permitted.
2. Permitting general harbor dredging to attain
the full sixty-six s�ips within the authorized
dock use area.
3. Permitting dredging of a channel to the
launching ramp only, permitting the naturally
available waterward slips, and permitting the
remainder of the sixty-six authorized slips
to be dry stacked on land.
4. Consider a proposed rezoning of adjacent
residential property to B2 thereby expanding
the existing dock use area to allow the full
sixty-six water ward slips with no dredging
required.
At this point, the relative merits of all four
options were discussed. The general consensus o
was that general harbor dredging and rezoning
were both unacceptable solutions. The discussion
of the determination of the dock use area led
to a suggestion that Mr. McCleary investigate the
down zoning of some commercial property to
residential. The net result being a possible
. redefinition of the dock use area in such a way
as to allow more waterward slips without the
necessity of general harbor dredging. (Continued)
,REGULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 42
A second issue discussed was that of general on-land STUBB'S BAY MARINA
boat storage. It was noted that the LMCD application (Continued)
indicates up to 108 summer stored boats, the Orono
application indicates up to 88 summer stored boats
and up to 155 winter stored boats. It was suggested
that these numbers of boats require additional
landscaping buffers to screen the winter storage area.
Staff Comments: Council should review the pending
redging, rezoning, and license application as a
single issue. Decision will involve policy
determinations which will have a lasting effect
upon the marina regulations of the City of Orono.
Mayor Van Nest moved, Butler seconded, to table
the Stubbs Bay Marina license until the rezoning
matter is resolved. Motion, Ayes (4) - Nays (0) .
Mr. Alan Olson, City Planner, reviewed the Marina MINNETONKA BOAT WORKS
Committee mintues of April 18, 1978, concerning LICENSE
the P�Iinnetonka Boat Works license, which state:
Previous Licenses: Always issued for sixty-six (66)
slips.
Current Application: Sixty-six (66) slips - no
change in dock arrangement.
Committee Comments: The Committee was primarily
concerned with winter boat storage. The application
indicates no stored winter boats, but is obvious
that many boats are stored on the property.
Staff Comments: None
Pesek moved, Mayor Van Nest seconded, for staff to
submit a resolution at the June 29, 1978 Council
meeting for Council approval. Motion, Ayes (4) -
Nays (0) .
Mr. Alan Olson, City Planner, reviewed the Marina WINDWARD lyIARINE LICENSE
Committee minutes of April 18, 1978, concerning
the Windward Marine license, which state:
Previous Licenses: Always issued for 118 slips.
Forty-two 42 on Tanager Lake and seventy-six
(76) on Brown's Bay.
Current Application: The Orono application is for
118 slips and is supported by a dock layout plan.
The plan indicates forty (40) slips on Tanager Lake
and forty-four (44) slips on Brown's Bay and thirty
- (30) buoys on Brown's Bay, for a total of 114 boats. (Continued)
' � REGULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 43
The 1978 LMCD application indicates ninety (90) WINDWARD MARINE LICENSE
boats at slips and thirty (30) boats at moorings (Continued)
for a total of 120 boats, which is four boats more
than shown on the plan given to the City and two
more boats than historically licensed by the City.
Committee Comments : The main issue discussed by
the Committee was summer dry storage on the property.
The application indicates only two boats dry stored,
whereas many more boats than two are often in
evidence on the property (including boats stored
in front of the building on the County right-of-
way) . Staff also noted that complaints had been
received during the last season about non-availability
of restrooms at this marina.
Staff Comments: There appears to be no issue
concerning landscaping or dock arrangement at
this marina. The dry storage practices. appear to
be the only unresolved issue. �
Mayor Van Nest moved, Butler seconded, for staff
to submit a resolution at the June 29 , 1978 Council
meeting for Council approval. Motion, Ayes (4) -
Nays (0) .
Mr. Alan Olson, City Planner, reviewed the Marina PAUL'S LANDING LICENSE
Committee minutes of April 18, 1978, concerning
Paul' s Landing marina license, which state:
Previous Licenses: Maximum slips authorized, 112.
1975 license for 86 slips; 1976 license for 112,
1977 application for 126 slips which was reduced
by Council to 112 slips licenses. .
Current A lications: The 1978 apglication shows
ifty-four 54) slips plus twenty-five (25) off-
shore buoys for a total of 79 waterward slips.
Also included are sixty-five (65) dry storage
boats for a total of 135 boat units for use in
the lake during the summer season_ Fort�t-seven
(47) other boat units are indicated to be on the
property during the summer fDr a total boat density
of 191 units. The 1978 LMCD application indicates
53 slips and 23 buoys for a total of 76 waterward
slips. This year for the first time a certificate
of survey has been presented with the application_
The survey indicates a revised dock layout generally,
but not completely, conforming to the maximum 200 ft.
dock length requirement. The dock layout does not
meet the required side setbacks f.�r -thQ authorized
j dock use area. The layout indicates �only 46 slips
! � within the dock use area..and the remaining 7 slips
� as being in front of the neighboring residential
� properties. The survey indicates a proposed gravel
� parking lot on residential property across the street �Continued)
� from the marina.
, REGULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 44
.
Comrnittee Cor.unents :_ The Committee commented on PAUL'S LANDING �I,ICENSE
the following: (Continued)
1. The seven slips shown on the north side of
the marina in front of residential property
should not be authorized.
2. The dock configuration should be revised to
conform completely to the 200 ft. maximum
dock length and to the side yard setback
requirements.
3. Parking and traffic situation should be
resolved and the development of a parking
lot on residential property cannot be con-
sidered without a rezoning proposal.
4. The r►ooring area should be moved to within
the 200 ft. dock use area.
5. Despite warnings and violation tags last year,
storage is continuing on residential property i
in violation of several village ordinances.
6. Parking should be promoted on the marina
property itself which will require the
removal of stored boats on the south half
of the lot.
7. The survey indicates semi-perraanent wood
ramps that have been built over and in effect
extend the natural shoreline of the property
without any apparent authority from the
applicable agencies involved with shoreline
management.
Staff Comments: The Council should carefully
review . the very intense use of this extrer.iely
small parcel and the resulting encroachments
of marina use beyond the authorized dock use
areas and indeed beyond the property boundaries
of the parcel. The Council should seriously
consider the continuing traffic problems and
ordinance violations involved with the operation
of this property.
Lake Minnetonka Conservation District letter to
Paul' s Landing dated June 7, 1978, which states:
"The LMCD Board of Directors at its last regular
meeting, after public hearing and upon recor.unendation
of the hearing panel, has denied your. application
for the variances required for the maintenance
�f docks on Smiths Bay, Lake Minnetonka, under .
. the dock plan submitted with ynur 1978 license
application. The Board noted the following: (Continued)
�
RE�ULAR MEETING OF THE ORONO COUNCIL, JUN� 15, 1978 Page 45
1. That the plan does not provide required setbacks PAUL'S LANDING LICENSE
on the west side; (Continued) �
2. That the plan extends land storage Lakeward by
the use of decks (ramps) ;
3. That the plan provides for boat storage beyond
200 ' ;
4. That the plan does not r.meet setback requirements
on the east side;
5. That the plan reguires encroachment of both
boat storage and access across the east property
line;
6. That village approval has not been obtained; and
7. That proposed parking across the street not
be considered as part of the application.
The District will be happy to review any new
proposal meeting LMCD requirements. Please re-
submit your conforming plan to the LMCD and to
the City of Orono for prompt consideration for
the 1978 season.
Should you have any questions or need assistance
in complying with the above requirements, please
contact us. "
Frank Mixa, Executive Director �
Mayor Van Nest moved, Butler seconded, for staff
to submit a resolution of denial at the June 29,
1978 Council meeting for Paul' s Landing Marina
License. Motion, Ayes (4) - Nays (0) .
Discussion followed concerning the marinas. RECONSIDER MARINA ACTIONS
Mayor Van Nest moved, Butler seconded, to reconsider NORTH SHORE DRIVE MARINA
previous action on the North Shore Drive Marina
license. Motion, Ayes (4) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to re- GAYLE'S i4ARINA
consider previous action on Gayle' s Psarina
license. Motion, Ayes (4) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to re- NORTH STAR MARINA
consider previous action on the North Star
Marina license. Motion, Ayes (4) - Nays (0) .
_ (Continued)
RE,GULAR !�lEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page .45
�
Mayor Van Nest moved, Butler seconded, to re- STUBB' S BAY MARINA
consider previous action on the Stubb's Bay �
Marina license. Motion, Ayes (4) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to re- PAUL'S LANDING LICENSE
consider previous action on Paul' s Landing
Marina license. Motion, Ayes (4) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to direct
staff to notify the North Shore Drive Mar.�na,
Gayle' s Marina, North Star Marina, Stubb' s IIay
Marina, and Paul' s Landing Marina that their
licenses were not approved at the June 15, 1978
Council meeting and that these licenses will be
discussed, not acted on, at our next Council meeting.
Motion, Ayes (4) - Nays (0) .
REGU�,P,R MEETING OF TH� ORONO COUNCIL, JUNE 15, 1978 Page 47
,
t�ir. William Reese, Jr. , president of Walter's WALTER'S PORT
Port Homeowners Association, discussed the
�roposed Walter' s Port seawall commenting that
.4r. Alan Ols�n's letter dated June 9, 1978 , is
a burden to us.
Mr. Alan Olson's letter of June 9, 1978 states:
"I am enclosing a copy of the City engineer' s
review of your west wall proposal. This item
is on the City Council agenda for status review
this coming Thursday, June 15, 1978.
Note that the stop work order placed on this
project will remain in force until the following
items are completed by the Association:
1. Submittal of certified engineering plans as
required by the City engineer (see copy of
his letter dated June 6, 1978, enclosed)
2. Submittal of a letter of credit to the City i
covering satisfactory completion of all work.
3. Submittal of a hold harmless agreement covering
work on public property.
1. Any City approval will be subject to documentation
of complete permits from all other agencies prior
to commencment of any construction (including
P�II�TDNR, MCWD, etc. ) "
�nd of letter
Mr. Reese: We feel that it is too costly to
us to require certified engineering plans. We -
have deposited $15,000 in the Na�arre Bank to
cover the cost of installing the proposed seawall.
We feel that Orono should be named as an interested
party. We also have approval of all other agencies.
Mr. Alan Olson commented that the permits that
we have received from other agencies are not clear
or complete.
Mr. Jim Olson, City Engineer, commented that the
City requires from the applicant certified approval
of the plans. We need detailed, qualified plans;
this we do not have. Mr. Olson referred to his
letter of June 6, 1978, which states:
Letter - Pages �$ � �9 (Continued)
_�� �
� � : Page �8 ,
,
/�o,s�;�t�taa, �ode.�, �Kc�!e�ila � i�sccaci�, '�sc. G�a�s �•�•�s
.
ZS�S �. �_ / d1�!!�36 O!ro G.Bonrsfroo.T.E. Lawrencc F.Feldsltn.P.E.
SKIfR dY
RoDart W.Roaene,l.E. Gknn R. Cook, P.E.
/la,�, /{�l+�nesata. 55ff3 loreph C. Anderllk. r.E. Eetth A. Gordo». P.E. �
BradJord A.Lem6uj. P.E. Thornat E. Noyei.l.E• �
P�p/f�: 6.�6—'�F�SOD • Robcrf D. Frlaaa�d,P.E. R(chnrd W.Fottrr, P.E. I�
RicMrd£. Zurntr,l.E. Ro6ert G. Sthunlcht, P.F.
. lomts C. Ofron. P.E. Marv(n L. Sorvala, P.E. '
Donald C.BWaardt.P.E.
June 6, 1978 x����rti x.�����..r.�-
Clwrler A. Erlcbon
Leo M. Pawalslry
�. Walter Benson Aarlan M. OUon
City Administrator � `' � �� ^.
City of Orono D E5
Box 66 �S '
Crystal Bay, Mn. 55323 r
���t v .�..1
Re: Walter�s Port Sea Wall
Our File No. 139 ►�
v�I..L�.C�� .�'f� �Fi��:�
Dear Mr. Benson:
Pursuant to Council direction, we have reviewed the Walter-�s Port sea wall
problem and present the following summary of our review. We have inspected the •
sea wall at the Walter's Port Lagoon together with Mr. Reese, Mr. Crist and Mr.
Ellis and observed the condition of the existing wall. Subsequent to that in-
spection, we have had several discussions with Mr. Reese regarding the method of
repair/replacement of portions of the west wall.
It is our understanding that the south 125 feet of west sea wall, along the
channel area, is to be replaced with aluminum sheeting like that already inplace
along the east side of the channel. Mr. Reese has submitted several sketches in-
dicating how the work will be accomplished. It is proposed to install a break
water at the lake end of the wall, consisting of large boulders, 24" to 36" in
size. Tie-backs are indicated, 5 feet on center, anchored to piling approximate-
ly 15 feet behind the wall. Based on our review of the sketches and our dis-
cussions with Mr. Reese, we have no engineering objections to this concept and
recommend that it be accepted by the City. It will, of course, be necessary for
the Walter�s Port Association to furnish detailed engineering drawings, certi-
fied by a professional engineer registered in the State of Minnesota for the con-
atruction and installation of the aluminum sheeting sP.a wall, which should include
such details as length of sheet piling, diameter of tie-backs, soils and earth
pressures on wall, etc.
The installation of the tie-backs as proposed in the sketch will require some dis-
ruption to the marshy area adjacent to the west wall. It is our opinion that this
disruption will be minimal and that the marshy area will recover quickly to its
present condition.
We further understand through discussions with Mr. Reeae that the remainder of
the wQst wall will be left basically in its present condition. Portions of the
wall that have been raised from ice-heave will be cut down and the existing narrow
walkway along the top will be removed. Most of the marshy area behind this
portion of the wall is at an elevation very near to lake level. It is assumed by
everyone concerned that the portion of the sea wall belaw lake level is relative-
ly structurally sound, and therefore there is no pressing need for any i�ediate
replacement in thia area.
- Page 1.
, �
,j
�_ . ' Page ,49 .
Mr. Walter Benson June 6, 1978
City of Orono, Mn. •
Re: File No. 139
Procedural questions such as use of property west of wall for tie-backs, compli-
ance with applicable permit requirements, etc., should be referred to other mem-
bers of the staff. We have no engineering objections to the concept proposed by
Mr. Reese as reviewed herein.
We are enclosing the sketches prepared by Mr. Reese for your information.
Yours verq ,
/
BONES 0, R ENE, &.ASSOCIATES, INC.
J me . Olso
CO:li
-- Page 2.
� ,REVULAR MEETING OF THE ORONO COUNCIL, JUN� 15, 1978 Page 50
PZr. Reese: The original wall has stood for WALTER' S PORT
many years. (Continued)
Psr. DeGregory,2713 Kelly Avenue: I believe we
need, and the City Council has determined to .
require certified engineering plans.
Mr. Blunt, 2707 Kelly Avenue: I feel that we
are being burdened by your conditions.
Mayor Van Nest: These conditions are part of
our previous record.
P�ir. IIlunt: We want to grade our lawns.
tdayor Van Nest: If you satisfy our conditions,
we will lift the stop work order.
Mr. Reese: I will work on this and get back
to staff next week.
Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #907
Resolution #907, A Resolution Vacating All Of Vacate Partenwood Lane
Partenwood Lane In The City Of Orono, P�iinnesota.
Iyiotion, Ayes (4) - Nays (0) .
Mr. Alan Olson, City Planner, inforr�ed the City Subdivision
Council that the final plat, Kaster Cove, Pdu� � 2600 Casco Point Road
I:a3ter, 2b00, �asco Point. Rbad, was ..�evi�w�d� and #346
- appr.oved by, the���.�. ��ng Conr�ission at �their
regular meeting of June 12, 1978.
Butler moved,Mayor Van Nest seconded, to adopt RESOLUTION #908
Resolution #908 , A Resolution Approving The Kaster "Cove
Plat Ot Kaster .Cove. P4otion, Ayes (4) - Nays (0) .
Mr. Alan Olson, City Planner, presented the City SES�TER SYSTEMS
Council with a letter From W. R. Lindberg and 865 West Ferndale Road
t4aurice L. Melamed, dated June 13, 1978, which 885 West Ferndale Road
states:
"We are writing to you con�erning the two Orono
properties at 865 `�est Ferndale Road (owner
Dr. W. R. Lindberg) and 885 West Ferndale Road,
(owner, 2�ir. P'iaurice L. Melamed) . These properties
are side by side, 865 being adjacent to the City
of Wayzata. Wayzata' s sewer and water lines
come up to that point. iContinued)
R�GULAR t�iEETING OF THE ORONO COiJNCIL, JUNE 15, 1978 Page 51
The two aforerientioned properties lie to the east SEWER SYSTEMS
of a bridge crossing an inlet to Lake Minnetonka, 865 ��est Ferndale Road
thereby making the possibility of receiving 885 West Ferndale Road
sewer service from Orono unlikely. The Lindberg (Continued)
property is experiencing difficulty with the
drainfield and would have severe problems meeting
the pollution control standards in putting in
a new drainfield because of the lowness of the area.
For these reasons, we would like to determine the
feasibility of joininq these two properties to
the LVayzata sewer system.
V�e would approceiate your prompt consideration
of this request and will look forward to hearing
from you. Thank you. "
End of letter
Council Meeting - June 15, 1978
Pdayor Van Nest moved, Pesek seconded, to refer the
request of Dr. W. R. Lindberg and P�Lr. P�Iaurice L.
Diela�d for possible sewer connection to the Wayzata
sewer system to the City Engineer for his review.
t4otion, Ayes (4) - Nays (0) .
Mr. Alan Olson, Citv Planner, inf_ormed the City SUBDIVISION & VARIANCE
Council that the Planning Commission scheduled 2227 & 2229 Shadywood Rd
a public information meeting for .June 12, 1978
at 8:00 P.M. concerning a subdivision request of
William Taylor, 2227 Shadywood Road and Ralph
Bomstein, 2229 Shadywood Road.
Planning Commission Meeting - June 12, 1978
r4r. & Mrs. Taylor and Mr. Ralph Bomstein, the
owners, and Mr. James Bedell were present. Pir.
Wilson moved to approve this subdivision due to
the two existing houses and the unavailability
of land to pu�chase as previously requested by
the City. Motion was passed unanimously. The
Commission requested this item be presented to
the City Council at their June 15, 1978 meeting
since the Taylors had come quite a long way for
the meetings to get this issue settled.
Council Meeting - June 15, 1978
t�'ir. Alan Olson stated that one lot has 11,000 sq.
ft. and the other lot has 12,400 sq. ft.
It was suggested by Bruce P�ta.lkerson, City Attorney,
_ that it might be proper to request that language
be included in the chain of title as a covenant
that if buildings are destroyed, they could not
be replaced. (Continued)
, REGULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 52
P4r. Allen Quello, representing Mr. & P'irs. Taylor, SUBDIVISION & VARIANCE
commented that the existing hor.tes have been 2227 & 2229 Shadywood Rd
located on these lots for many years and that (Continued)
the homes were originally sold by metes and
bounds and not by certificate of survey.
Mayor Van Nest moved, Butler seconded, to table
the request of Taylor and Bomstein, 2227 & 2229
Shadywood Road, until the next Council meeting
to allow staff review of plat of area, variances
required, value and assessments. Piotion,
Ayes (4) - Nays (0) .
Hennepin County Transportation Maps were presented TRANSPORTATION MAPS
to the City Council.
Mr. Jim Olson, City Engineer, informed the City ORONO-MINNETONKA BEACH
Council that the City is in receipt of a letter SEWER EXTENSION
from the Minnesota Pollution Co.ntrol Agency Lafayette Ridge
concerning construction and,operation of a
sanitary sewer extension in Orono and r4innetonka
Beach for the Lafayette Ridge subdivision.
Dick Benson, City Administrator, informed the ORONO-INDEPENDENCE
City Council that he met several times with Annexation - Ring Route
P�Lr. Joe Schmitt, City of Independence property
owner, whose property is to be annexed to the
City of Orono to provide adequate land for the
ring route. He has agreed to sign letters
agreeing to proposed detachment of described
property.
Mr. Benson also stated that the City of Independence
at their Tuesday night meeting, adopted a resolution
approving detachment and annexation of Mr. Schnitt's
property.
With City Council approval of our resolution,
we will submit all data to the Municipal
Commission for their approval July 10 br 12, 1978
and we will be on our way to complete plans and
specifications �or said project.
P-sayor Van Nest moved, Butler seconded, to adopt RESOLUTION #909
Resolution #909, A Resolution Appr.o�ing The Ring Route - Annexation
Concurrent Detachment From The City Of Independence
And Annexation Into The City Of Orono Of A Certain
Strip Of Land. lyiotion, Ayes (4) - Nays (0) .
RE(�ULAR MEETING OF THE ORONO COUNCIL, JiJPIE 15, 1978 Page 53'
24r. Jir1 Olson, City Engineer, presented the INDUSTRIAL STRENGTH
City Council with a letter concerning a r2etro CHARGE ORDINANCE
Sewer Strength Charge Ordinance dated June 12,
1978 , which states :
��Enclosed herewith please find a packet of -
information forwarded to us from John Gerhardson
relative to the adoption of an ordinance
permitting the recovery of extra treatment
costs associated with extra strength sewaqe
discharges.
Please note that the EPA regulations rec�uire
adoption of extra strength user charges as a
prior condition to the continuation of construct-
ion grant monies to the P'Ietropolitan ��aste
Control Commissiori. We recommend alternate No. 4
as outlined on the November 30, 1978 memorandum
from the MLJCC (pink sheets) .
This ordinance will not have any practical affect
on the City of Orono because all current sewer
users have average or ordinary sewage discharge
characteristics.
Please review this information as to form and
content. We understand this item will be
discussed at the June 15 Council meeting. This
item was discussed in general at a previous
meeting but apparently was not concluded. If
you have any questions, please contact us at
your earliest convenience. "
End of letter
Psr. Olson commented that he. recommends City
adoption of the proposed ordinance.
r4r. Bruce Malkerson, City Attorney, suggested
that the City might want to include a provision
for a Joint Ppwers Agreement.
24ayor Van Nest moved, Butler seconded, to adopt ORDINANCE NO. 212
Ordinance No. 212, An Industrial Strength Charge Industrial Strength
Ordinance, and incorporating a Joint Powers Charge
Agreement. 2�iotion, Ayes (4) - Nays (0) .
REGULAR MEETING OF THE ORONO COLTNCIL, JUNE 15, 1978 Page S�
�
Dick Benson, City Administrator, informed the MEDINA-PiORNINGSIDE
City Council that rumors seem to have spread to SEWER PROBLEM
Long Lake and Medina that Orono has no intention
of cooperating in attempting to solve P�iedina-
t�iorningside's sewer problem. This, of course,
is not true and we do intend to wor.k with the
City of Medina and the City of Long Lake in
every way that we can to solve all of our sewer
problems through one common pipe, providing that
the sewer unit numbers come out correctly and
providing that we do not create sewer densities
that are not already contemplated.
I would lilc�e the City Council to approve staff
forwarding a letter to Medina informing them
that we will cooperate with them. The City of
1'dedina is assuming all engineering costs in
reviewing the Medina-P4orningside problems. I
have assured Mayor Wayne Neddermeyer and Lyle
Swanson, Medina City Engineer, that a letter would
be forth coming.
Mayor Van Nest moved, Butler seconded, to direct
staff to send a letter to the City of Piedina
informing them that the City of Orono will
participate with them to assist in resolving Medina-
Morningside sewer problems. Motion, Ayes (4) -
Nays (0) .
Mr. Louis B, Oberhauser was not present concerning DAYTON PARK PROPERTY
the Dayton Park PrDperty.
22ayor Van Nest moved, Butler seconded, to table
until the next Council meeting the Dayton Park
Property item. Motion, Ayes (4) - Nays (0) .
Dick Benson, City Adm.inistrator, informed the EP�iPLOYMENT
City Council that each year it is necessary to Orono Golf Course
employ temporary counter help for the Orono Laura Becker
Golf Course Clubhouse. I have received an
application from Laura R. Becker, 3145 North
Shore Drive. Laura will start work May 24, 1978
and will be employed no longer than October 31,
1978.
Therefore, it is my recommendation to employ
Laura Becker at. $2.50 per hour, effective
P�iay 24, 1978.
2�iayor Van Nest moved, Pesek seconded, to employ
Laura R. Becker as temporary help at the Orono
�olf Course Clubhouse at a rate of $2.50 per .
�iour, effective 24ay 24, 1978 until October 31,
- 1978. Motion, Ayes (4) - Nays (0) .
, RE,GULAR MEETING OF THE ORONO COUNCIL, JUPiE 15, 1978 Page 55
Dick Benson, City Administrator, presented the ORONO ORCHARD ROAD
City Council with a memo from John R. Gerhardson, BRIDGE
Public Works Coordinator, concerning the Orono
Orchard bridge dated May 19, 1978 , which states:
Each year the City of Orono receives �rom Hennepin -
County an Inspection Report pertaining to all of
the bridges in Orono.
This is a very thorough inspection and indicates
what we must do to correct the deficiencies.
The bridge over Orono Orchard Road is an all
wood structure and hashad no maintenance for�
several years. This bridge is now owned by the
DNR and recently they have proposed to the City
Council to replace the bridge with a 110 ft. ,
clear span bridge. If this is not going to be
done, _ then it should be determined what repairs
the DNR is going to do to the present structure.
The repairs that should be considered are the
rotting of the timbers at ground level, the
cracked or split cross braces , timbe=s and
horizontal bracing. I do understand that the
load on the bridge will be for less now and
in the future than a railroad train, but it
should be pointed out that Hennepin County
engineers have placed a one to five year life
span for the structure if recommended repairs
are not made.
Mayor Van Nest moved, Pesek seconded, to refer
the condition of the Orono Orchard Road bridge
to the DNR. Motion, Ayes (4) - Nays (0) .
Dick Benson, City Administrator, stated that RESIGPIATION
on Psay 23, 1978, Marlyn Roessel submitted her Marlyn Roessel
resignation to be effective May 31, 1978.
Marlyn has been part-time secretary for the Police
and Public Works Departments and has found full-
time employment with Carlson Industries in Plymouth.
Therefore, it is my recommendation to accept
Marlyn Roessel' s resignation effective P�ay 31, 1978.
Mayor Van Nest moved, Butler seconded, to accept
the resignation of Marly Roessel, part-time
secretary, effective t'Iay 31, 1978. Motion,
Ayes (4) - Nays (0) .
REGU�LAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 5b
Dick Benson, City Administrator, presented the HIGHWOOD LAKE ACCESS
City Council the following information from
John Gerhardson, Public Works Coordinator,
concerning a lake access at Highwood, dated May 19,
1978 which states:
On May 15, 1978, the City of Orono received a
petition from several Highwood residents request-
ing a lake access in that area to be opened and
improved.
On Piay 17, 1978, I contacted Mr. George Meyers,
4149 Highwood Road. Mr. Meyers stated that there
is a 20-foot easement continuing from Highwood
Road, southwest to the lake at West Arm Bay and
he would like the City to establish the property
lines, remove all safety hazards, install a
swimming dock and cover the access with crushed
ro ck.
I told Mr. Meyers that the first thing the Council
would request the staff to do would be to clarify
the legal description of the access and then
determine what can be done about their requests.
Petition:
�9e, the undersigned, are residents of the Village
�f Orono. We respectfully petition the Council
to improve the existing easement, �or ingress
and egress to Lake Minnetonka which is located
on the west side of Lot 23 and east side of 24
for the use and enjoyment of all persons.
Twenty-five signatures
Memo from John Gerhardson dated May 25, 1978 states:
There is a strip of land south from Highwood Road
between 4156 and 4167 Highwood Road. This strip
of land is 20 teet wide by approxima.tely 245 feet
long. The plat maps indicate that i.t is an alley_
I would assume that the purpose of the alley is
si.milar to other unimprov.ed easements throughout
the City in that it was designated as a fire lane,
In the petition the City received, the residents
in the area are requesting that the alley be
improved and designated a lake access.
To develop that alley as a public lake would not
be feasible for the following reasons:
(Continued)
RE(�ULAR P�IEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 57
The City ordinance would not allow a dock, public HIGHiVOOD LAKE ACCESS
or private, because of the 10-foot setback from (Continued)
property lines.
There is no parking available at the alley and
all the streets in the vicinity are too narrow
to accommodate on-street parking.
At the present time, we are having diff�iculty
enforcing the public accesses tha� are not in
existence. The problem being after hours use,
nuisance to adjoining property owners and keeping
the area clean from litter and debris.
The present condition of the alley is such that
in order to make a safe pathway to the lake, brush
and debris would have to be removed, washouts
filled and a survey done to locate property lines.
Council P4eeting - June 15, 1978
Mr. Sauer, 4104 Highwood Road; isr. reorge tseyers,
4149 Highwood Road; and Mr. Clarence Groshens,
4148 Highwood Road were present. P�r. Meyers
read into the record the following:
"In reference to the subject petition asking for
the upgrading of the public easement situated
between Lots 23 & 24, we offer the fol.lowing:
1. A Brief History of the Easement: At one time,
the Village of Orono did maintain the easerment
and provided a dock for use of the offshore
residents. At that time, many of the residents
of Iiighwood Road did enjoy full access to the
recreation facilities_ provided by the easement.
A few years later, the Village discontinued
the practice of _erecting a dock and maintenance
of the easement. Since then, the easement has
become an eyesore, with noxious weeds, brush,
dead trees, and large boulders obstructing the
safe usage of the facility.
The easement provided access to the lake for
swirnming, fishing, boating, snowmobiling, and
general recreational usage of the lake.
Families that have bought offshore homes were
told by the real estate agents that they had
lakeshore access by means of the public
easement between Lots 23 & 24_ Even our own
Councilman, P�Lr. Paurus, during his campaign
for election last fall referred to the easement
and I quote: "Something has got to be done
_ about the situation with this easement. " Unquote.
(Continued)
R�GULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 58
2. L�lhat We Are Asking of the City of Orono: HIGFi�a00D LAKE ACCESS
a. Erect wooden or steel posts to establish (Continued)
the exact boundaries of the easement for
access and egress without fear of trespassing
by families wishing to use the easement for
recreational purposes.
b. To remove existing hazards and to provide
a safe, usable recreational access to the
lake for people.
c. For the City of Orono to comply with its own
noxious weed law and remove or destroy any
and all noxious weeds or a11 tick and
mosquito breeding habitat.
d. If possible, to reestablish the practice
of erecting a dock for offshore residents_
Piayor Van Nest conr�Ated that staff should review
the following: fire lane use, wee�3s, accessability,
dead trees, and that the Park Comr.iission =� should
review this entire matter.
Butler moved, Mayor Van Nest seconded, to refer
the Iiighwood lake access item to the Park Commission
for their review and recommendation. P�otion,
�1yes (4) - Nays (0) .
Dick Benson, City Administrator, informed the ED4PLOYP3ENT
�ity Council that on P�ay 23, 1978, r�arlyn Roessel Mary Woytcke
submitted her resignation to become effective
21ay 31, 1978. On May 25, 1978, Chief Mel Kilbo,
Joan Lattin, and John Gerhardson interviewed
Mrs. Mary Woytcke, Firs. Woytcke had .applied for
the building & zoning secretary position in April.
Mrs. Woytcke will begin employment May 30, 1978,
as part-time secretary for Police and Public Works
at $2. 90 per hour. She will work eight hours per
day Monday, Tuesday, and Wednesday and can be
available for more hours if needed. Her salary
and performance will be reviewed in three months
and again at six months_
Butler moved, Mayor Van Nest seconded, to employ
r4ary Woytcke, part-time secretary for the Police
and Public Works Departments, at a rate of $2.90
her hour effective P�Iay 30, 1978. P4otion, Ayes (4) -
Nays (0) .
i
i
' FiEGULAR MEETING OF THE ORONO COUrdCIL, JiJPdE 15, 1978 page 59
Dick Benson, City Administrator, presented the LIQUOR LICENSE
`ollowing memo from Chief of Police Mea Y.ilbo Jimmie' s Lounge
.oncerning the renewal of the lic�uor license
for Jimmie Holtz for Jimr.imie' s Lounge, dated
May 17, 1978, which states:
I am submitting copies of initial complaint �
reports and case files from May 5, 1977 to date �
on the Unicorn and now, Jimmie' s Lounge.
I wish to call particular attention to case file
#77-2097 dated May 5, 1977, case file #77-4298
dated August 13, 1977, and #77-5807 dated
November 4, 1977 which finally ended in a formal
charge being filed and a subsequent guilty plea
and a fine paid by P4r. Holtz.
I have had conversation with Mr. Holtz since the
first of the yea�r and his subsequent operations
to date are much improved. I recommend approval
of this liquor license.
Mayor Van Nest moved, Pesek seconded, to approve
the liquor license for Jimmie Fioltz for Jimmie' s
Lounge, subject to a review in three months and
again in six months and will revoke the license
if there are continued problems. Motion, Ayes (4) -
P1ays (0) .
Mayor Van Nest moved, Pesek seconded, to approve
LIQUOR LICENSE
-the liquor license for the Wayzata Country Club. Wayzata Country Club
t�otion, Ayes (4) - Nays (0) .
RESOLUTION #910
T�Iayor Van Nest moved, Butler seconded, to adopt P & Li uor
Resolution #910, A Resolution Approving Issuance Beer, Setu ,
q
Of On And Off Sale 3. 2 Beer Licenses, Setup Licenses
Licenses, And Liquor Licenses. 1�Rotion, Ayes (4) -
Nays (0) .
Dick Benson, City Administrator, p
resented the PLAN CONTENT GUIDELINES
City Council with copies of the Plan Content
Guidelines from Mr. Robert Mazanec, Metropolitan
Council, dated May 9, 1978.
Dick Benson, City Administrator, p
resented the SAVINGS ACCOUNT
City Council with a memo from Tom Kuehn,Finance Navarre Bank
Director, dated June 6, 1978, which states:
lhere are times during each month when it would
be possible to invest monies for a period of
� several days to a week or more. The amounts
available for investment vary throughout the year. �Continued)
.
, REGULAR DiEETING OF THE OROPJO COIJPdCIL, JUNE 15, 1978 Page 60
This being the case, it would be advantageous to SAVINGS ACCOUNT
have a savings account at the principal depository (Continued)
for these short term investments. It is requested,
therefore, that Council authorize the City Treasurer
to establish such an account at the First National
Bank of Navarre.
The only transactions would be directly between
this savings account and the City' s various
checking accounts. The Treasurer, Deputy
Treasurer or City Adr.iinistrator would be authorized
to initiate transactions to and from this savings
account.
Council Pieeting - June 15, 1978
Mayor Van Nest moved, Paurus seconded, to approve
the establishment of a savings account at the
First National Bank of Navarre. Motion, Ayes (4) -
Nays (0) .
Dick Benson, City Administrator, presented a SPEED LIMIT
memo from John Gerhardson, Public Works Narrows Bridge to
Coordinator, dated P�iay 19, 1978, which states: Navarre
On P!iay 15, 1978, the City of Orono received letters
of complaint from W. H. Nicholls and Mary Watson,
2770 & 2775 Shadywood Road (County Road 19) ,
respectively. These letters dealt with the speed
limit on Shadywood Road from the Narrows Bridge
�orth to Shor.eline Drive (County Road 15) at
Navarre.
P�ir. Nicholls is requesting the present 40 r4PH speed
limit k�e reduced to 30 MPH_ "
As in the past, the procedures are that the City �
must b� Council action, draft and present to
Hennepin County a resolution requesting a traffic
study to be conducted to determine the proper
speed limit.
I have attached a resolution to that effect should
the Council decide to proceed with a resolution.
Council Meeting - June 15, 1978
P�Iayor Van Nest moved, Pesek seconded, to adopt RESOLUTION #911
Resolution #911, A Resolution Requesting The Speed Limit
Iiennepin County Department Of Transportation To Shadywood Road
Conduct A Traffic Study On Shadywood Road (County
Road 19) In The City Of Orono. Motion, Ayes (4) -
Nays (0) .
R�GULAR P�IEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 61�
Dick Benson, City Administrator, presented the GENERAL FUND STATUS
City Council with a memo from Tom Kuehn, Finance
Director, dated -rlay 19, 1978, which states:
For the first quarter of 1978, the General Fund
has expended 22� of its budget and has received
12$ of its projected revenues. For the same
period of 1977, the expenditures were 25� of
the budget and the receipts were 15�_
From January 1, 1978, through March 31, 1978 ,
there was a net decrease in the working capital
(cash and investments) of $93,045.19. This is
a normal occurrence at this time of the year
due to the fact that we will not receive the
first half tax settlement until July.. Overall
there is still a $96,439. 71 increase in working
capital when comparing March 31, 1978 to
March 31, 1977. This is due pri.marily to the
improved status at January l, 1978, when the
working capital was $106,991. 58 over January 1,
1977.
Dick Benson, City Administrator, presented the LI�UOR STORE REPORT
City Council with a memo from Tom Kuehn, Finance
Director, dated I'day 18, 1978, which states :
Attached is a set of statements for the Liquor
Store operation comparing the status as of
March 31, 1978 to P�iarch 31, 1977.
The following schedule is a condensed income
statement for the respective first quarter:
1978 Over
1978 1977 (Under) 1977 �
Net Sales . $ 74,439 $ 68, 119 $ 6, 320
Cost of Goods Sold 52,439 49,414 3, 025
Gross Profit $ 22,000 $ 18, 705 $ 3, 295
Operating Expenses 19,669 16,831 2, 838
Net Income Before Other Income $ 2,331 $ 1, 874 $ 457
Insurance �cpense Adj. $ -0- $ (622) $ (622)
(See DTote)
Net Income Before Other Income $ 2,331 $ 1, 252 $ 1,079
(Restated)
(Continued)
,
, REGULAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 62
The increase in sales is due, to a certain degree, _ LIQUOR STORE REPORT
to an early Easter this year (March 26, 1978) . (Continued)
The credit card sales for the first quarter of 1978
were $2, 154 or 2. 84� of gross sales. Operating
expenses were up $2, 838 or 16. 86� in 1978. The
largest increases were in salaries up $1, 318
or 14. 68�; rent, up $375 or 14. 29$; insurance,
up $1, 411 or 85. 78$ and payroll taxes , up $233
or 28. 31�.
NOTE! In 1977, the umbrella insurance policy
for the liquor store was reimbursed to the
General Fund in the second quarter. Therefore,
the first quarter did not reflect $622 of
additional insurance expense. If this were
reflected, the insurance expense of 1978 would
be up $789 or 43. 80$ instead of up $1,411 of
85. 78$. This presents a more accurate comparison
of the insurance expense for the respective
quarters.
Dick Benson, City Administrator, presented the TRANSFER OF LIQUOR FUNDS
City Council with a memo from Tom Kuehn, Finance
Director, dated May 18, 1978, which states:
It is requested that a transfer of funds be
-�pproved in the amount of $10,000 from the
Liquor Store Fund to the �eneral Fund as per
the 1978 Budget Revenue Source.
This will be the first of three transfers
budgeted to be made from the Lic�uor 5tore
Fund to the General Fund in 1978.
P4ayor Van Nest moved, Pesek seconded, to
approve the transfer of $10,000 from the
Liquor Store Fund to the General Fund.
Motion, Ayes (4) - Nays (0) .
Dick Benson, City Ad�inistrator, presented the VOTER REGISTRATION FILES
City Council with the attached letter from
Vernon Hoppe, Finance Division Manager for
Hennepin County, c.oncerning voter registration
files dated I�iay 24, 1978, which states:
Letter - Page 63
Paurus moved, Pesek seconded, to approve
the request of the Hennepin County Finance
Division to transfer Orono' s voter registration
files to Hennepin County. Motion, Ayes (4) -
_7ays (0) .
, Page 63
. �
� ' FINANCE DIVISION �+`'`":°s � � _ ���■) ■'(���y ,
W A ��� Y V
A603 Gov¢rnment�Center � zi,.�`� ,��-. <
D
�;, ��r
Minn¢apolis, Minn¢sota 55487 �MEs° � �s�
HENNEPIN
May 24, �9�a �►��,�_.� �0�
''`"'�__.,-r-__. ._- - ----.__ ���
The Honorable William B. Van Nest
Mayor of Orono
Box 66
Crystal Bay, MN 55323
Dear Sir:
In the interest of achieving more effective administration and uniformity of the
� county voter registration system, we are undertaking a feasibility study to
determine which municipalities, that had less than 15,000 registered voters as of
March 1 , 1978, would prefer that the county assume responsibility of their voter
registration files. Should you elect to transfer your files, you will , however,
be expected to continue to accept registrations and be responsible for assuring
completeness and accuracy of the voter registration cards before they are submitted
to the county.
Since this method of registration would necessarily increase staffing, equipment,
space and other needs, we envision asking the legislature to reimburse the county
for a portion of these costs. Those municipalities transferring their files
would be asked for their support in the lobbying efforts of the county.
To enable us to gather meaningful data, it is essential that each municipality
furnish us with the following information:
1. Do you choose to have Hennepin County be responsible for your voter
registration files? -
2. What would the cost savings be for your municipality if yoit chose to -
transfer your files?
3. Would you join the county in lobbying for voter registration reimbursement
for the county?
Due to 1979 budgetary considerations, we ask that you consider this matter and _
respond to us in writing by July 1 , 1978.
If we may answer any questions or be of any further assistance to you, please
call us at 348-3267.
Sincer y,
� - v
� — ��
Verno . Hoppe
- Finance ivision Manager
HENNEPIN COUNTY
VTH:em
an¢quol opportunity emptoy¢r
�c: Walter R. Benson, Clerk
REGUY,AR MEETING OF TFiE ORONO COUNCIL, JUNE 15, 1978 Page 64
Dick Benson, City Administrator, presented the REFUND
City Council with a memo from Tom Jacobs, Mound Plumbing
Building Inspector, dated May 8, 1978, which
states:
On May 8, 1978, Roman Demarais of PSound Plumbing
came to our office and picked up a plurmbing
permit for 3884 Sunset Drive in Spring Park.
Due to the confusion of adding PZedina to our
inspections, an error was made. A refund
should be made to D4ound Plumbing in the ar.mount �
of $22 .50.
Council Meeting - June 15, 1978
Butler moved, Paurus seconded, to approve a
refund in the amount of $22. 50 for DZound
Plumbing per the above memo. Motion, Ayes (4) -
Nays (0) .
Dick Benson, City Administrator, informed the COUNCIL MEETING CHANGE
City Council that since revising the Council
meeting schedules from the second and fourth
Psonday nights to the Thursday following the
second and fourth Psondays (adopted in February
of 1978 in order to accommodate the City
Engineer for his Planning Commission meetings
and hopefully increase staff time to review
Planning Commission items) many problems have
been caused.
1. Accounts payable problems
2. We have not increased staff time to review
Planning Commission items. Everyone is
scrambling to get on the Thursday night
Council agenda which has already gone out.
3. Council attendance is poor. It is too
difficult for a Council person to arrange
his or her schedules when they are periodically
out of town during the week.
4. Our Deputy Clerk, Alberta, and myself find
it impossible to complete an agenda for the
next Council meeting within three days,
Monday, Tuesday, and Wednesday of the week
following a Council meeting.
5. Staff have limited time to prepare for agenda
deadlines.
At this writing, I have not been able to consult
with Bruce D. P'lalkerson to determine his schedule
and possible conflicts.
(Continued)
R�GLTLAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 65
Playor Van Nest moved, Butler seconded, to change COUNCIL DiEETING CHANGE
the Council meeting nights to the Tuesday follow- (Continued)
ing the second and fourth Pdondays of each month
beginning July 11, 1978 at 7:00 P.M. Motion,
Ayes (4) - Nays (0) .
l�iayor Van Nest moved, Pesek seconded, to table METRO TRUST FUND
until the next meeting the P'ietro Trust Fund
Resolution item. P�otion, Ayes (4) - Nays (0) .
Dick Benson, City Administrator, presented the HOFFP4AN & CLARIC MATTER
City Council with a memo from John Gerhardson, 73-1 Restoration
Public Works Coordinator, dated P�Iay 31, 1978,
which states :
For the past several months, the City of Orono
has been trying to settle a 73-1 restoration
claim with P�r. Robert Hoffman, 790 North Arm
Drive and Mr. Craig Clark, 780 North Arm Drive.
On October 4, 1977, a meeting was held with
Mr. Clark, Mr. Hoffman, Mr. James Robin,
attorney for Clark . & Hof�man, Mr. Benson,
City Administrator, and myself. At that
meeting, we asked Mr. Clark & P�Ir. Hoffman if
a picture was available to us so that we could
see what the property looked like before
construction began_ We were told no picture
was available.
We then net on the site to determine what
had to be done. The final determination was
to cut a diagonal ramp from the top of the hill
to the lakeshore level, upgrade .the lower area
and seed and replace a 3" diameter maple tree.
I received estimates from contractors and the
City offered Clark and Hoffman a cash settlement
of $550.
This offer was not acceptable to them and an
agreement was written by the City Attorney
explaining what would be done by the City to
restore the property.
On i�tay 22, 1978, I met with them to explain
that the City was going to do the following:
1. Cut a diagonal slope from the top of the
hill to the lakeshore level. After this
slope is made, there would be� no seeding
or sodding.
(Continued)
RFG�LAR MEETING OF THE ORONO COtJNCIL, JUN� 15, 1978 Page 66
2. Upgrade the lower lakeshore area and reseed HOFFtdAN & CLARK MATTER
only (Continued)
3. Replace a 2" - 3" Sugar Maple Tree.
Iioffman explained that if that work was done
the way I explained; it would not be as it was
before construction, and he could not accept it.
I then requested again, a photograph or soinething
to show me what it was supposed to look like.
On r�ay 18, I met with Hoffman and Clark and dici
receive a photograph of the area. This did
allow me to get a better idea of how to estimate
the cost for restoration.
The following is an estimate of costs for
materials and labor that Mr. Hoffman & A'ir. Clark
and r�yself agreed on P�iay 30, 1978.
r4aterial for construction the proper slope $162.00
Labor for construction the slope 200.00
Sod for slope 160.00
Labor for grading the lower area 173. 00
Seed for lower area 173.50
One 2"-3" maple tree 250.00
Repair damage to yard 300.00
TOTAL $1;413.50
PQr. Hoffman & Mr. Clark agreed to a cash settlement
of $1,400 and requested one check for both parties.
�t is also understood that before this claim is
paid that� �he City of,��cano. �must receive all releases
signed and all necessary easements signed by them.
Therefore, it is my recommendation to issue a check
in the amount of $1, 400 to Mr. Hoffman and Pdr. Clark,
jointly, for the restoration of their property and
and that this check be issued only after all releases
and easements are signed by them.
Council Pieeting - June 15, 1978
Mayor Van Nest moved, Paurus seconded, to approve
payment of $1,400 to PRr. Hoffman and Mr. Clark,
jointly, after their signing all releases and
easements for the restoration of their property �t
790 and 780 I�v�t�h Arrm ..Drive. Motion, Ayes (4) -
Pdays (0) .
{ , y
RFGL�LAR MEETING OF THE OROPdO COUNCIL, JUNE 15, 1978 Page 67
Dsayor Van Nest announced that the Orono City NOERENBERG MEMORIAL PARK
Council will hold a public information meeting Meeting Date
on Saturday, June 24, 1978 at 9:00 A. M. in
the City Council Chambers concerning the Henne-
pin County Park Reserve District' s proposed
improvement plan for the tdoerenberg Memorial
Park property.
Mayor Van Nest moved, Pesek seconded, to increase SALARY INCREASE
the salary of Robert Edstrom, Orono Golf Course, Robert Edstrom
to $3. 00 per hour, effective June 12, 1978 .
r4otion, Ayes (4) - Nays (0) .
Dick Benson, City Administrator, informed the SALARY INCREASE
City Council that on P�arch 6, 1978, P�ir. Donald Donald Boll
Boll started employment for the City of Orono
as Utility Foreman. Don came we11 qualified
and has adjusted to the position exceptionally
well. Don has shown a great deal of initiative,
his attitude is very good and he has dealt with
several situations in a very professional manner.
Don' s starting salary with the City was $16, 800
annually and because of his performance, I am
recommending to increase his salary to the .
maximum for the Utility Foreman position which
is $17,634.04, effective June 12, 1978.
t�iayor Van Nest moved, Pesek seconded, to increase
the salary of Donald Eioll, Utility Foreman, to
$17, 634. 04, effective June 12, 1978. Motion,
Ayes (4) - Nays (0) .
Dick Benson, City Administrator, informed the EMPLOYP�ENT
City Council that the Public Works Department Jerome R. Smith
has advertised for two consecutive weeks for
a temporary light equipment operatos in the
street department.
After . :r.eviewing all applications, I would
recommend employing Mr. Jerome R. Smith, 37.01
Alexander Lane, Mound, as a temporary light
equipment operator for the street department
at a rate of $5. 00 per hour, effective P4ay 28,
1978. Mr. Smith will work 40 hours per week or
as needed for a period not to exceed six months.
Butler moved, Mayor Van Nest seconded, to
employ Jerorae R. Smith, temporary light j
equipment operator, at a rate of $5. 00 per hour,
:ffective May 28, 1978. Motion, i�yes ) 4) -
, Nays (0) .
� R�,GLlLAR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page 68
. „
Dick Benson, City Administrato�, presented a ADVERTISE FOR BIDS
memo from John Gerhardson, Public Works Sealcoat Aggregate
Coordinator, dated June 5, 1978, which states :
This year the street departlnent is planning to
sealcoat area "C" which includes Stubbs Bay
Road, Watertown Road, west of Stubbs Bay Road,
Orchard Park Road, Turnham Road, Chippewa Lane,
West Lake Street, Tori'ka Avenue and Crestview
Avenue.
Prior to 1978, the City of Orono has used the
FA-2 aggregate for sealing because it does an
adequate job for residential streets. In
1974, the City had the opportunity to use Class
A trap rock aggregate sealcoating. The results
were very satisfactory and are still there to see.
Area "C" of the master sealcoating plan has
mostly open country roads and i feel the Class
A trap rock aggregate would be most applicable.
Therefore, I have attached a specification for
Class A aggregate and recommend advertisinq for
and receiving bids for Class A trap rock.
Council Meeting - June 15, 1978
Mayor Van Nest moved, Pesek seconded, to approve
�peci.f�cations and- Documen�s foz Furnishing Seal-
Coat Aggregate and authorize advertising for
sealed bids to be opened l4onday, July lp, �978
at 10: 00 A. M. Motion, Ayes (4) - Nays (0) .
Dick IIenson, City Adriinistrator, presented a STREET DEPARTMENT
memo from John Gerhardson� Public Works PURCHA�E - Paver
Coordinator, dated June 8, 1978, which statesi
For the calendar year 1978, the Public Works
Street Department budget funds for equipment
purchases. It has been determined that at
this time that some of those funds be used to
purchase a tail-gate paver.
In the past, we have made repairs to streets by
placing overlay bituminous mats with the road
grader, although this is still a good and
adequate method, it does make it difficult to
maintain the proper grade level to the street
and, therefore, eventually creates an uneven
grade and does create drainage problems eventually.
With the tail-gate paver, the bad spot in the street
can be cut out and the paver can be set to the
. proper level.
(Gontinued)
REC.�UI�AR NIEETING OF THE ORONO COUNCIL, .7UNE 15, 1978 paq� 69
, ,
Therefore, I have attached a specification far STREET DEPARTMENT
a tail-gate paver and recommend to advertise for (Continued)
,�nd re�eive bids for one ta.il-gate paver as per
�pecifications not to exceed $10,000.
Coun��il Meeting - June �5, 1978
Butler moved, Mayor Van Nest seconded, to approve
the Specifications and Proposal for One New
Bituminous Tow-Type Paver and authorize advertising
for sealed bids . Motion, Ayes (4) . - Nays • (p) �
Dick Benson•, City Administrator, presented the REHABILITATION GR.ANT
City Council with a memo from Johri Gerhardson, FUNDS - Fiome Improvement
Public Works Coordinator dated June 7, 1978,
which states:
In conjunction with the Community Development
B1ocY Grant Program that the City of Orono has
participated in the last three years, the City
has also participated in the Home Improvement
Grant Program with the P�Iinnesota Housinq Finance
Age,zcy throuc�h the Metropolitan Council.
This year, the program is basically the same with
�ne except.ian. This year the program will be
iministered by Hennepin �o�znty.
As in the past, it has been necess�ry ror the
City of Orono tc� adopt a r�solutior. to participate
each year. I have drafted a r.esolution �nd made '
t:ze nE�cessary chanc�es to indicate that He:1n��pir.
County will administer the program.
It should also be noted that because Hennepin
County must have their application into the
Minnesota Housing Finance �Agency Home Improvement
Grant Program Phase III by June 15, 1978, I have
sent a letter of intent to participate to Hennepin
County.
Council Meeting - June 15, 1978
Mayor Van Nest moved, Paurus seconded, to adopt RESOLUTION #912
Resolution #912, A Resolution Requesting And Rehabilitation Funds
Authorizing Hennepin County To Apply For
Rehabilitation Grant Funds For Implementation
Of The Home Improvement Grant Program Within
The City Of Orono. Asotion, Ayes (4) - Nays (0) .
R��U�AR MEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page ��
, , �
Dick Benson, City Administrator, presented the City SUMMER YOUTH EMPLOYMENT
Council with a memo from John Gerhardson, Public PROGRAM - CETA
9orks Coordinator, dated June 8, 1978, which states:
For the past several years, the City of Orono has
participated in the summer youth employment
program sponsored by CETA.
This year the program is being administered by
Twin Cities Tree Trust, Inc.
The City of Orono will employ approximately four
youths this summer and will place the individuals
at the golf course, street department, parks and
recreation, and the utility department. The
program runs for ten weeks at 40 hours per week.
Twin Cities Tree Trust will administer all payroll
and initial interviewing and screening.
The City of Orono will be responsible for super-
vision and the safety of the youths. We have had
great success with the program in the past and I
am looking forward to another season of working
with the youths.
Council Meeting - June 15, 1978
�utler moved, Pesek seconded, to approve the
.,ummer Youth E�nployment Program sponsored by
CETA and employ approximately four youths
per the above memo. Motion, Ayes (4) - Nays (0) .
Mr. Bruce Malkerson, City Attorney, was directed PIHL & RECTOR MATTER
by the City Council to proceed with whatever action 2605 - 2655 North Shore
is necessary to maintain this lake access as a Drive
public access for public use and to review all
pertinent data and notify the property owners of
their encroachment on public property.
Mr. Bruce Malkerson, City Attorney, informed BEDERWOOD PARK
the City Council that the warrenty deed for
Bederwood Park has been filed and the City of
Orono has clear title to that property.
Pesek moved, Butler secanded, to adopt Ordinance ORDINANCE NO. 211
No. 211, An Ordinance To Amend The Municipal Code Commission Chairpersons
Of The City Of Orono Relating To The Appointment Appointments
Of Chairperson And Vice Chairperson And Vacancies
Of Those Positions For The Planning Commission,
�ark Commission And Human Rights Commission;
mending Chapters 7, 9 And 12 Of The Orono Psunicipal
, Code By Adding Certain Sections. Motion, Ayes (4) -
Nays (0) .
� R�G�LAR PSEETING OF THE ORONO COUNCIL, JUNE 15, 1978 Page ��
. 1
Playor Van Nest moved, Butler seconded, not WINE RESOLUTION
to adopt an on-sale wine licensing resolution for
he City of Orono due to police enforcement
.iardships and establishments cannot conform to
the requirements. Motion, Ayes (4) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to approve LICENSES
the following licenses : Motion, Ayes (4) - Nays (0) .
Eiouse Mover - Ernst Machinery & Housemovers Corp.
Clover Hill Company, Inc. - Plumber & Sewer Hookup
Madsen Plumbing & Heating - Plumber & Sewer Hookup
Thoen Plumbing, Inc. - Plumber & Sewer Hookup
Plumbing Services Company - Plumber
Blackowiak & Son - Garbage Hauler
Richard B. Van Tassel - Village Sanitation, Inc. -
Garbage Hauler
Robert Bennett - Mexican Inn - Cigarette License
Butler moved, Mayor Van Nest seconded, that the BILLS �
All Funds Accounts 6538 through 6629 , 10893
through 10900, 2266 through 2414 , 19737 through
19746 , 19752 through 19757 and Liquor Store
Accounts 12519 through 12562, be paid. PZotion,
Ayes (4) - Nays (0) .
Butler moved, Pesek seconded, that the meeting ADJOURNMENT
be adjourned at 11:50 P.M. Motion, Ayes (4) -
Nays (0) .
�
♦
jVilliam B. Van est, Mayo
,,� % �
Attest: �(' ��� ��- __
Walter . Benson, Clerk-Administrator