HomeMy WebLinkAbout06-29-1978 Council Minutes CITY OF ORONO
Regular. 2�eeting of the Orono Council, 7: 00 P.M.
June 29 , 1978
��ie Orono Council Met on the above date with the
following meribers present: Mayor Van rdest, Council-
members Butler, Massengale, Paurus, and Pesek. Also
present: City Administrator Benson, City Planner
Olson, City Attorney Psalkerson, and City Engineer
Olson.
No corir.ients from the Park Commission. PARK COP�IISSION �
No coi-unents from the Planning Commission. PLANNING COMP4ISSION
No cor.unents from the Lake Minnetonka Conservation LMCD
District.
Mr. Alan Olson, City Planner, presented the City WEST SHORE LAFAYETTE
Council with a resolution concerning the dredging BAY ASSOCIATIOrd
and spoils disposal for the West Shore Lafayette
Bay Association.
Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #913
Resolution #913, A Resolution Approving Certain �4est Shore Lafayette
Dredging And Spoils Disposal For The West Shore Bay Association
Lafayette Bay Association, subject to ar.iending
� ge 2 , iter.i #6 : Freshwater Biological Research
� �undation; Page 3, item #8: When effluent is being
discharged from disposal area and thereafter; Page 3
item #8: Shall r_lonitor and submit weekly reports.
2. Subject to all other agency permits being
granted.
3. Subject to applicant and FWBI signing off
on resolution.
Niotion, Ayes (5) - Pdays (0) .
7: 10 P.M.
Dsr. Allan Quello, attorney representing William SUBDIVISION
Taylor, 2227 & 2229 Shadywood Road, was not 2227 & 2229 Shadywood Rd.
present. Deferred until later in the evening.
Mr. Alan Olson, City Planner, informed the City CONDITIONAL USE PERMIT
Council that Mr. Stephen Towle, 3980 Watertown 3980 �9atertown Road
Road, called and requested the City to drop this #370
itert from the agenda. P�Sr. Towle has withdrawn his Stephen Towle
,quest for a conditional use permit.
REGULAR PZEETING OF THE ORONO COUNCIL, JUNE 29 , 1978 Page 2
7: 40 P.P�. Mr. Alan Olson, City Planner, entered SUBDIVISION
into the record the request for a subdivision of 2227 & 2229 Shadywood Rd.
'illiam Taylor, 2227 & 2229 Shadywood Road, #366
�ated June 15, 1978, which states: William Taylor
Present were Mr. & Mrs. Taylor and their attorney, -
Allan Quello. Also present was Mr. Bomstein who
indicated desire to clear title so he could sell
the property. Mr. Quello noted that the metes
and bounds sale from Taylor to BoMstein was '
made two years ago after discussion with the City
Attorney and Zoning Administrator (who both noted
the requirement of Council approval of subdivision
requests) but prior to actually filing an application
which was not done until March 14 , 1978.
The City Attorney noted that the consequences of
separating the property would be perpetual occupancy
of small lots whereas the present non-conforming
use would be terminated should one building be
destroyed. He suggested that possibility of a
covenant in the chain of title whereby the City "
would specifically remove the right to rebuild
upon future loss of one building.
Council tabled the application instructing staff
to provide CouncilMembers with a file on the
pplication for their review and also requested
�dditional research be done.
Staff Note - June 22 , 1978
The attached plat map indicates this proposal and
the lot areas of all adjoining parcels. Of 30
parcels along both sides of Shadywood Road, only
three are smaller than the parcels proposed by
this split and two of those (8000 with house
and 8200 vacant) are to be combined into one
0. 41 acre lot according to the Taylor' s testimony.
Assessments: Lot 4/Block 2 - Wiley' s Park 43620-8400
Sewer: 1 unit only - paid March 11, 1977
Both houses connected November 5, 1969
Water: 2 residential units - paid Psarch 11, 1977
Both houses connected September 5, 1974
Fair P4arket Value: Land ;13,000
Bldg. 31,000
$44,000
maxes due 1978: $1, 437. 83 Base Ta�
79. 95 Delinquent sewer & water
$1,514. 78 (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 29, 1978 Page 3
Mr. Alan Olson presented a letter received from SU�DIET�SIOrT
P4rs. William Taylor, dated May 23, 1978, which states: 2227-2229 Shadywood Rd.
(Continued)
This letter will confirm points discussed during
our phone conversation on May 9 , 1978.
As agreed, a telegram requesting placement on
the village agenda for the June 12, 1978 was
acceptable, this was sent May 9 , 1978. (Copy
attached)
Also, as agreed we would explore the feasibility
of acquiring the property adjacent to ours as
requested by the Village Board.
We retained the services of Mr. Jaries Bedell,
realtor to pursue this matter. Mr. Bedell
has contacted the property owner and was in-
forr.led the proPerty is not for sale.
We feel our request to separate Lot 4, Block 2
is in compliance and assured us in Section
39. 021 (copy attached) .
Since the first official petition to the City
of Orono dated September 20 , 1978 (copy attached) ,
we have made every effort to cooperate with the
City Council.
However, at this point we can do no more to
bring this matter to a satisfactory conclusion.
We strongly feel that Section 39.021 was specifically
authored to protect the long time property owner.
Surely, our stewardship in excess of fifty (50)
years should qualify us.
At this time of writing we are making a concerted
effort to personally attend the June 12, 1978
meeting.
��e are sure you realize that in order for us to
attend this meeting we must travel over fifteen
hundred miles at a considerable expense.
Therefore, Mr. Olson, we sincerely solicit your
assistance to culminate this matter during
our visit. "
End of letter
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 29 , 1978 Page 4
Council Meeting - June 29 , 1978 SUBDIVISION
2227 & 2229 Shadywood Rd.
'r. Quello and Mr. Ra�ph BoMstein discussed their (Continued)
application for a subdivision at 2229 Shadywood Road.
Mayor Van Nest commented that we are being requested -
to create a substandard lot if we legally divide
this property. How can we justify this? This
proposed division does not conform with our sub-
division ordinance.
Mr. Bomstein: Your Planning Comr.iission approved
this three weeks ago. I don' t understand this.
Mr. Quello: You allowed these homes to be connected
to the sewer.
Councilmember Paurus: Allo�ing both homes to be
connected through a common pipe was not pro�er.
Paurus moved, Massengale seconded, to direct staff
to prepare and submit a resolution at the next
Council meeting to deny the variance and preliminary
subdivision based upon facts presented. Motion,
Ayes (5) - Nays (0) .
'r. Alan Olson, City Planner, entered into the CONDITIONAL USE PERMIT
_ecord the following request of Hennepin County Morris T. Baker Park
Park Reserve District dated April 24, 1978, which #378
states:
This is a conditional use permit and wetlands
variance to fill some wetlands along Highway 12
for the purpose of constructing a bike/hike trail
as it rings the Baker Park Reserve. The enclosed
materials from the Park Reserve District explain
what is requested and show the extenf of filling
on the maps.
Planning Commission Pdeeting - April 24, 1978
iKr. iir.1 I��arr and IZr. Alex Piayer were present at
this neeting. They went through the materials
and explained to the Planning Commission the
extent of what was requested and the reasons for
it. They showed a total of 7_1 mile trail around
the entire park and including a 1.2 mile section
of trail within the City of Orono. The trail would
be asphalt surfaced except through the fill area
we are discussing here, which across the marsh
would include a crushed lime stone surface. It is
�xpected that snowmobiles would use the adjacent
orsetrail in the winter but that the bike trail
would only be used by skiers and other pedestrians
at that time�., (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 29, 1978 Page 5
Note that this has been before the Park Commission CONDITIONAL USE PERMIT_
and that Commission on April 4 , 1978, recor.unended Morris T. Baker Park
�pproval of the trail as being in the interests (Continued)
of the Park Commission. The Planning Commission
was interested in having all Members completely
review the facts and they did have one question
of the Park Reserve District - that being as to
how much of the marsh would be filled by this
proposal.
Planning Commission P4eeting - May 8, 1978 .
Tim PZarr and Alex Mayer were present. They stated
that approximately 1. 5 acres or 0. 30 of total marsh
area would be filled. The trail would be constructed
to within 50-75 feet of road right-of-way leaving
wetlands between road and trail. Jim Olson, City
Engineer, stated that drainage is probably of only
slight concern and that culverts would be used.
Applicants stated that they had approval of Watershed
District, prelir.iinary approval of DNR hinging on
culvert sizing, and preliminary approval but no
permit yet from the Corps. Applicants proposed
use of construction fabric as a fill base to
minimize uneven settling or mixing of fill materials.
Upon Planning Commission questioning of what could
'�e done to minimize deteriment to the marsh, Jim
Jlson suggested: 1) move trail toward the road, or
2) reduce width. Cor.�mission members discussed
reducing width, leaving out trees and fencing for
the 1, 200 foot length across the marsh. Commission
felt that unnecessary aesthetic value should not
be created to detriment of the marsh. Jim Olson
wanted to see soil borings and cross-section of
the trial.
Motion by Hannah to table this item pending input
from the City Engineer with particular attention
to the trail through marsh the intent being to
reduce trail width or move it closer to the road.
Jim Olson will work in conjunction with applicants.
Motion seconded by Frahm and unanimously approved.
Planning Commission required notification of
time and place of site inspection so members
could attend if possible.
Planning Commission Meeting - May 22, 1978
Tabled at the request of applicant to provide
sufficient time to meet with Planning Comr.tission
on the site. �
(Continued)
, REGULAR MEETING OF THE ORONO COUNCIL, JUNE 29, 1978 Page 6
Staff Note - June 6, 1��8 CONDITIONAL USE PERr2IT
Morris T. Baker Park
teeting held on the site to view the proposed (Continued)
crail. Present were the following people:
Commission members McDonald, Hurr, and Hammerel,
staff iner►bers Gerhardson, Jim Olson, and Alan �
Olson and Park �.eserve repres��tatives Ti� P4arr :
and Alex Mayer. • �
Planning Commission P'Ieeting - June 12, 1978
Recomnended approval of conditional use permit
for wetlands variance nroposed as design is not _
detrimental to the marsh. Staff notes Minnehaha
Creek Watershed District permit on file and
Department of Natural Resources application pending.
Staff recommends approval subject to receipt of
DNR perrlit before construction and to notice of
construction to allow for City inspection of work
in progress.
Council Meeting - June 29, 1978
Butler moved, Pesek seconded, to approve the
variance and conditional use perr.lit request of
Hennepin County Park Reserve for Morris T. Baker
Park, per the Planning Commission recommendations
�f June 6, 1978, due to public interest of this
�,roperty and subject to the DNR and Watershed
approval. Motion, Ayes (5) - Nays (0) .
Phillip R�lsciano, 2340 Watertown Road, was not SUBDI�II�ION � �
present. Item #5 was deferred tintil later in 2340 ��atertown Road
the evening.
Butler r.toved, Mayor Van Nest seconded, to adopt RESOLUTION #914
Resolution #914, A Resolution Approving A Variance 925 Partenwood Road
For Jack Safar And George Johnson, 925 Partenwood
Road. Motion, Ayes (5) - Nays (0) .
Mr. Alan Olson, City Planner, entered into the VARIANCE
record the request for a variance of Robert Van 1170 Loma Linda Avenue
Tassel, 1170 Loma Linda Avenue, dated P�ay 17, #387
1978, which states : Robert Van Tassel
The applicant wishes to enclose an existing
concrete patio on the lakeside of his hor.le.
The location encroaches on the 75 ft, required
lakeshore setback and the 10 ft. required side
-•ard. The house is located closer to the shore
han the neighbors, but lower down. Views ma_y
be affected. (Continued)
REGULAR r4EETING OF THE ORONO COUNCIL, JIJPlE 29, 1978 Page 7
Variances: 34. 452 side yard 7 ft. - 70� VARIANCE
34. 201 lakeshore 5 ft. = 6 . 6� 1170 Loma Linda Avenue
34 . 202 hardcover 50 sq. ft. porch (Continued)
288 sq. ft. boat house
388 sq. ft. within 75 ft. of shore
Planning Commission P�eeting - June 12 , 1978
Mrs. Van Tassel was present. Discussion was that
the existing hardcover was not being increased and
that neighbor' s views would not be affected.
Planning Commission moved to approve the variance
contingent upon the neighbors being notified of
the Council meeting.
Council Meeting - June 29, 1978
Note: Neighbors not present.
Butler r.►oved, Maseengale seconded, to approve
the variance request of Robert Van Tassel,
1170 Lor.ma Linda Avenue, per the Planning
Commission minutes of June 12, 1978. P'lotion,
Ayes (5) - Nays (0) .
Mr. Alan Olson, City Planner, entered into the VARIANCE
record the request for a variance of John Hannah, 2608 Psapleridge Road
1608 Mapleridge Road, dated May 17, 1978, which
states:
The applicant proposes to construct a new house
on a lot created by subdivision (Kern Iioppe, et.al. )
last year. Norr.ially, variances are not considered
for new buildings on newly created lots. The
request here arises because P�r. Hannah' s architect
interpreted our setback requirements differently
than we do. He has designed a home with a corner
(he terms it a "bay") projecting to 8 ft. from
the property line. The original plan submitted
for permit had several corners encroaching the
side setbacks. The only current encroachr_tent
is the one corner noted_
Variance 34. 452 - 10 ft. required; 8 ft. actual -
variance 2 ft. (200)
Planning Commission DZeeting - May 22, 1978
Work Session - rir. David Nitz, the owners '
contractor, was present. Planning Corunission
wished to view the lot with the house location
staked in place before acting on this request.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 29, 1978 Page 8
Planning Commission rseeting - June 12, 1978 VARIANCE
2608 P�apleridge Road
�lanning Comr*iission approved variance for side (Continued)
�ard setback finding a hardship caused by the
narrowness of the lot and the location and
design of the building. Planning Commission also -
noted that work had been done within 75 ft. of
the shore and requested the staff to review.
Staff P1ote - June 21, 1978
Note that original subdivision #114 was approved
by the Planning Commission on September 7, 1976
with lot width variance "subject to no other
variances" . Staff does note that this encroachment
is minimal and occurs on the non-lakeshore side
which is heavily wooded.
Lakeshore Setback: There exists a stockpile of
excavated material and brush within 75 ft. of
the lagoon. The contractor has promised to remove
same as soon as the weather allows. The road
itself is approxir►ately 50 ft. from the lagoon,
but so is the existing driveway easement which
provides the only access to this lot. This
easement was clearly shown in this location
during the subdivision review two years ago.
T.t should have been addressed at that time but
:aas not. Because of the earlier approvai, staff
believes that a variance for the driveway location
is appropriate provided the driveway remains
gravel and is not paved.
Sur.uaary: Variance 34. 452 sis�e�a�d - 2 ft.
34. 201 lakeshore - 25 ft.
Council P�eeting - June 29, 1978
Mayor Van Nest moved, Butler seconded, to approve
the request of John Hannah, 2608 *'tapleridge Road,
for a variance to side yard setback and 75 ' lake-
shore setback, subject to:
l. Removal of excavated material and brush
2. Driveway remains gravel and will be protected
to prevent erosion
3. Driveway will follow existing easement
Motion, Ayes (5) - Nays (0) .
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 29, 1978 Page 9
8 : 00 P.P4. SUBDIVISION
2340 Watertown Road
�r. Alan Olson, City Planner, entered into the #380
record the request for a subdivision of Phillip Phillip Rusciano
Rusciano, 2340 �aatertown Road, dated April 20 ,
1978, which states:
Sketch Plan Review: This is a proposed two lot
residential subdivision (lot split) . One new lot
is being created with a private easement shown
for access. The property is not sewered and is
not assessed even though there is a sewer easeMent
through the north lot.
Zoning is RR-1B. Each lot meets the area and
width requirements. Lot 1, 163, 068 sq. ft.
(3. 74 acres, excluding road, including ease�ent
to rear lot) . Lot 2 , 87, 312 sq. ft. (2 acres plus,
including creek) .
Planning Commission Meeting - April 24, 1978
Rusciano' s were notified that they were on the
agenda for the April 24 meeting (sketch plan) . No
representative appeared, hence the Planning
Commission tabled it.
'lanning Commission Meeting - May 8, 1978
Mrs. Weinzeirl appeared at this meeting. Planning
Cor,unission suggested checking whether creek is
subtracted for wetlands, and if it is , change
division line to keep the two-acre area. Staff
recommended that actual location of sewer easer.lent
(as built) should be on the final plat.
Staff Note - 1�4ay 16, 1978
The creek is not identified on the wetlands map
(it is a drainage course--not a pondi-ng area) .
The City should expect a drainage easement over
the creek. The Planning Commission should make
a policy recomraendation to the Council as to whether
or not this area should be included in the lot
area calculation. Public information meeting
scheduled for June 12, 1978.
Planning Commission - P�ay 22, 1978
Reviewed procedures with Mrs. Rusciano. PZoved
that the drainage course (creek) will require
a drainage easement but the area of the easer:lent
-hould be included in the calculation of minimum
.ot area, therefore, no relocation of the
proposed dividing line is necessary. (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 29, 1978 Page 10
Staff noted that the pending sewer easement can SUBDIVISION
be platted on the final record plat but that the 2340 Watertown Road
�aipe must be accuratel�� located to ensure proper (Continued)
description of the easement. On-site testing
will be required prior to final plat approvaJ_,
Planning Commission - June 12, 1978
Approved per staff recommendations conditioned
on the following:
1. 20 ' wide driveway and utility easement in
favor of Lot 2 over Lot 1
2. Drainage easement over creek at least 20 '
minimum. Per City Engineer' s request the
creek should be mathmatically defined.
3. Sewer easement 20 ' wide along actual sewer
location
4. Park dedication fees being paid
5. Proof of septic system on Lot 2 (tests, etc. )
Council Meeting - June 29, 1978
Hrs. Rusciano was present to discuss the proposed
subdivision commenting that she would li}�e to
review the status of the sewer easement.
Mayor Van Nest commented that the sewer easement
through the north lot was not installed for the
purpose of sewering this particular property
since this is zoned RR-1B as requested by Mr. Rusciano
several years ago. This easement is to serve the
dense Hackberry area upstream and there are no
sewer assessments applied toward this property;
but if you would like to review this again, we can
table this matter for two weeks.
Mrs. Rusciano commented that she would prefer
action this evening and not delay the application.
Mayor Van Nest moved, Butler seconded, to approve
the subdivision request of Phillip Rusciano,
2340 Watertown Road, per the Planning Commission
and staff recommendations. P�iotion, Ayes (5) -
Nays (0) .
REGULAR P�EETING OF THE ORONO COUNCIL, JiJNE 29, 1978 Page 11
Mr. Alan Olson, City Planner, entered into the VARIANCE
record the request for a variance of Stanford 3080 North Shore Drive
'einer, 3080 North Shore Drive, dated rsay 17, #389
1978 , which states: Stanford Weiner
The applicant wishes to construct a tennis court -
on the vacant roadside lot created by the recent
Dykstra/'Reardon subdivision.
Variance required:
31. 310 construct accessory use prior to principal
use.
Planning Commission P�4eeting - June 12, 1978
After discussion including a motion to deny, the
Planning Commission recommended approval of the
tennis court with a 10' rear setback subject to
no other variances to be granted to this lot.
Planning Commission also requested r�r. Reardon
to produce a copy of the easement granting him
use of this facility.
Council P4eeting - June 29, 1978
Mayor Van Nest moved, Pesek seconded, to approve
he request for a variance of Stanford Weiner,
s080 North Shore Drive, for a rear setback and
to Orono City code requiring main structure to
be built before accessory structures subject to
no other variances to be granted. Hardship is
topography of land and protection of large trees,
per the Planning Commission minutes of June 12,
1978. Motion, Ayes (5) - Nays (0) .
Mr. Alan Olson, City Planner, entered into the CONDITIOPdAL USE PERMIT
record the request for a conditional use permit 2240 North Shore Drive
of the PZinnetonka Center of Arts and Education, #391
2240 North Shore Drive, dated May 24, 1978, P�4innetonka Art Center
which states:
P��nna:ng Commission Work Session - r�ay 22, 1978
Mrs. Hock and architect Daniel Avchen were present
to review plans. Estimated enrollment growth,
50 students. Most plant expansion is meant to
better accommodate existing programs. Dining
area will be relocated and expanded to 75 seats.
Dining to be continued for students, staff and
invited guests only_ Planning Commission' s
,oncerns were primarily with traffic impact on
.eighbors. Staff is also concerned with septic
system capacity. Planning Commission called for
a public hearing which will be scheduled for June 12,
1978 if property owner list received by Thursday a.m. (Continued)
R�GULAR MEETING OF THE ORONO COUNCIL, JU:�TE 29, 19.78 Page 12
Planning Commission Meeting - June 12, 1978 CONDITIONAL USE PERMIT
2240 North Shore Drive
Public information meeting held - no public response. (Continued)
>lanning Comr.►ission recomr.iends approval of conditional
use permit expansion for new building addition as
proposed subject to on-site system compliance as
noted in letter by 24ike Gaffron dated June 1, 1978.
Council Meeting - June 29, 1978
Mrs. Hock, Mrs. Johnston, and Mr. Avchen, architect,
were present to discuss their application. It
was noted that there was no one representing property
owners present to hear this particular proposal.
Mayor Van Nest and the. individual Councilr.iembers
voiced concerns with increased traffic and parYing
problerns, and also future expansion that might
overwhelm the area in the ensuing years if this
proposed addition is approved.
Mrs. Hock cor.unented that this proposed addition
would add 150 students a �•�eek to our present 850
students per week.
Mayor Van Nest commented that it would seem
reasonable to request a traffic projection and
estimated volumes study including solutions and
ilso some means to control future expansion.
Paurus r.ioved, t4ayor Van Nest seconded, to approve
the conditional use permit for the Minnetonka
Center of Arts & Education, 2240 North Shore Drive,
subject to:
l. Staff to draft conservation easement or some -
other vehicle to preclude futur.e additional
buildings or expansion. �
2. Applicant to submit traffic projections and
estimated volume report, inc.luding approved
parking solution by the City Council.
3. Planning Commission recor_unendation on compliance
to septic system requirements.
Motion, Ayes (5) - 21ays (0) .
Mr. Alan Olson, City Planner, entered into the VARIANCE
record the variance request of John Uran, Big Big Island
Island, dated P2ay 17, 1978 , which states: #393
John Uran
The applicant wishes to construct a new home on
3ig Island. The property consists of seven separate
parcels under comr.ton ownership surrounded by platted
undeveloped public roads. Total acreage 1. 65 acres.
Variance required: Section 34. 842, 0. 35 acre = 170.
(Continued)
REGULAR P'iEETING OF THE OROrIO COUNCIL, JUNE 29, 1978 Page 13
Approval should be conditioned upon legal lot VARIP,PICE
combination, meeting all setbacks and performance Big Island
tandards and proper septic system design. (Continued)
Planning Commission P�seeting - May 22, 1978
Work Session. Planning Commission discussed
perimeter roads and lack of adjacent vacant land.
City vaould likely not vacate roads due to Big ,
Island policy of ultimate public ownership, but
if roads were vacated, sufficient land would be
available for building without a variance. Mike
Gaffron was expecting to review the septic site
in person. Present was P�ir. John Uran and his
attorney, r�r. Jim Penberthy.
Planning Commission P'Ieeting - June 12, 1978
Planning Commission approved with the following
conditions:
l. Legal lot cor.lbination
2. 24eeting all setback requirements
3. Proper septic system design approved
by the City
City should not vacate road.
..ouncil P4eeting - June 29, 1978
Mayor Van Nest rioved, Massengale seconded, to
approve the variance request of John Uran, Big
Island, per the Planning Comr_iission riinutes of
June 12 , 1978 , noting that this permit is being
granted subject to police, fire, garbage, sewer,
water and street services not being available. -
Motion, Ayes (5) - Nays (0) .
Mayor Van Nest moved, Pesek seconded, to adopt RESOLUTION #915
Resolution #915, A Resolution Approving A Cond- Good Sheperd Lutheran
itional Use Permit For Limited Church Service Use Church
Of The Navarre Drive-In Theatre Property, subjeet
to applicant and owner sign-off on resolution.
rsotion, Ayes (5) - Nays (0) .
Mr. Alan Olson, City Planner, presented the VETERAN'S CAMP
following information to the City Council Big Island
concerning Big Island Veteran' s Camp stating
that last year there were complaints and problems
concerning a garbage dump on the Vet' s camp property.
"he Council on January 9, 1978 requested review
,f the item in June 1978. (Continued)
REGULAR t�ETIPJG OF THE OROrIO COUNCIL, JUNE 29, 1978 Page 14
As of this date, the City has had no contact VETERAN' S CAMP
from the Vet' s camp and has had no assurances (Continued)
hat the matter is resolved. Staff intends
to proceed w� th the necessary steps to have the
area properl;� cleaned up.
This item will be agended for the first meeting
in August, 1978.
Mr. Alan Olson, City Planner, informed the City SEWER CONNECTIONS
Council in a memo dated June 19 , 1978 , stating
that attached is a list of 125 properties which
have not been connected to available sanitary
sewer. Many are lakeshore properties.
Orono Ordinances require connection within sixteen
(16) months of service availability and State
regulations require connection within two years of
availability. Some of these properties have had
sewer available for 15 years. All buildings in
this situation have, by Ordinance and Statute,
been declared public nuisances and hazardous
buildings which may be condemned for occupancy
upon 30-day notice. Al1 owners (or past owners)
have received one or more City notices over the
vears.
� would like the City Council to review this matter
and take official action requesting staff to enforce
these required connections. The first step will
be mailing of notices similar to th�t attached.
Council P�Ieeting - June 29, 1978
Pesek moved, Paurus seconded, to direct staff to � _
proceed with the process to request connection of
these homes to the available sewer lines. Psotion,
Ayes (5) - Pdays (0) .
Mr. Alan Olson, City Planner, discussed the recent FLOOD INSURANCE PROGRAM
Flood Insurance Program submitted to us_
Mayor Van Nest commented that this latest informa-
tion was not consistent with previous meetings
held with the flood insurance people and that
their proposed ordinance did not meet our present
ordinance.
Butler moved, D'tayor Van Nest seconded, to forward
Orono' s Wetlands Ordinance No. 125 and letter to
hem. Motion, Ayes (5) - Nays (0) .
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 29 , 1978 Page 15
Mr. Hork, Mr. Douglas, and Mr. Emmings were MARINA LICENSES
present concerning the North Shore Drive riarina. North Shore Drive Marina
.dayor Van Nest reviewed the action taken at the
June 15, 1978 Council meeting, which was to
reconsider action taken on individual �arina -
licenses and to notify all marina operators that
we would agenda these items tonight for discussion
only.
Mr. Alan Olson, City Planner, stated that certified
letters were sent to all the marinas that have not
received approval of their licenses. The letter
was sent to North Shore Drive Marina, Paul' s Landing,
North Star Marina, Gayle' s Marina, and Stubb' s Bay
P�arina on June 23, 1978, which states:
"At the June 15, 1978 City Council meeting, the
1978 commercial marina license applications were
briefly discussed and Motions were passed directing
staff to prepare resolutions to be reviewed at the
June 29 , 1978 meeting. This action was later
reconsidered when the Council realized that several
of the marina owners were not personally present
to discuss concerns with the Council.
Therefore, you are advised that the 1978 Marina
`�icenses will be on the City Council Agenda for
�he regular meeting of Thursday, June 29 , 1978
for the express purpose of hearing any comments
from the marina owners. The Council does not
expect to act at that meeting but only to hear
comments and prepare for license issuance at
the first meeting in July.
Please try to attend the June 29, 1978 Meeting. "
End of letter
Mr. Douglas commented that he sent a letter to
the City dated`�Ju� 27, 1978, whzch _states:
"Thank you for your notices relating to Gayle ' s
Marina Corporation and Plorth Shore Drive PZarina
license applications which will be on the City
Council agenda on Thursday, June 29, 1978 for the
express purpose of hearing cor,unents from owners.
As soon as the resolutions, if any, are prepared
relating to these two particular r.iarinas , I would
be most appreciative if a copy of the sarie were
forwarded directly to me prior to the Council
meeting. It would be most helpful in resolving
� number of issues involved if you would set forth
_n writing the specific items for each of these
marinas which the Council would like to hear comments
on.
Thank you for your attention to this matter. "
(Continued)
REGULAR PZEETIP�G OF iHE ORONO COUNCIL, JUNE 29 , 1978 Page 16
l. Mr. Douglas continued by stating that the DPdR NORTH SHORE DRIVE P4ARIN�
is reviewing dock and slip rights. r4r. Harnack, (Continued)
of the DNR, stated slight modifications �vould
bring docks into cor�pliance . There has been
prior discussions on these r,latters at previous
Council meetings and meetings with staff. Mr. .
Douglas subr.litted a drawing showing dock layouts
comrnenting that this was subriitted to the City
Council several years ago. Aerial photos do show
other dock configuration as ours .
2 . We have received permits from the County to
pave the gravel drive which v�ill be graded to
drain toward proposed weirs.
3. Weirs : We have just received a letter from
the City saying that the engineering data is
not complete. We will complete this.
4 . Lagoon Slips : We can assure you that these are
not being used for rental purposes or nooring of
boats on a permanent basis. We have had problems
���ith the fork lift truck whereas we have had
boats backed up to the lagoon area. This r�akes
it look as if v�e are storing boats on the lagoon;
we are not.
5. Service Boats: We have four service boats at
this time, one for towing, one for backup, one
for servicing boats on the lake and one for
towing heaw boats. We are significantly under
the total allowed for boats for our area.
6. Fence: If plant green is acceptable, we will
plant lilac bushes and landscape along the
street. Vde do want to resolve this. �9e have
held up .on the fence because of this and we
do want to complete it and plant along it.
Councilmember Massengale: I would like to see
some fact finding on the issue of the location of
the docks in relation to the shoreline.
Massengale moved, PRayor Van Nest seconded, for
staff to prepare an amendment to our ordinance
rec�uiring certified surveys and drawings to
accompany marina license applications. P4otion,
Ayes (5) - Nays (0) .
REGULAR MEETING OF THE ORONO COUNCIL, JtJNE 29, 1978 Page 17
Bruce Douglas, representing P4r. Gayle Wittig, GAYLE' S rZARIPdA
cor.�mented that 1`4r. 47ittig is out of town. We do
aant to deal with the dock length and have
requested fror.► the DNR a list of items that we
are not in �ompliance with. I would be happy
to discuss with you and staff at a later date �
these concerns. It appears to me, continued
Mr. Douglas, that there aresome inconsistencies
with this body, the LP�CD and the DNR.
North Star Marina owner Paul Kempf was present NORTH STAR MARINA
representing North Star Marina. P2r. Kempf referred
to his letter to the City of Orono, dated June 26,
1978, which states:
"Enclosed is a copy of my letter to Ron Harnack
of Department of Plattzral Resources regarding our
April 21 meeting and his letter to me on which
you were copied.
As I stated we are confused as to the extent of
DNR involvement and how it relates to that of
Orono and Lake P�tinnetonka Conservation District.
I feel these = questions must be answered prior to
detailing out any plan to assure our compliance
in the long run with the multiple agencies we
-�pparently have to deal with.
Please advise me of how Orono views the recent
DNR involvement and how it affects our relationship
and the development of our property. "
Paul Kempf' s letter to Ronald Harnack, DNR, dated
June 26 , 1978, which states:
"This letter is in response to your communication
of May 26, 1978 regarding "Marina Compliance" .
We have been in consultation with our attorneys
regarding the points raised in your letter as well
as the more general nature of Department of Natural
Resources involvement in regulating various aspects
of Lake D4innetonka. Any discussions or action
r.tust certainly also take into consideration the
complexities of Orono and Lake Minnetonka Conservation
District regulations combined with those of the
DNR and our own interests.
For these reasons, a formal reply shall be forthcoming
within a short time as soon as these interrelati�anships
can be more clearly sorted. The recent, sudden
thrust of DNR into our situation just demands more
;ime to evaluate.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 29, 1978 Page 18
Thank you for your consideration and patience NORTH STAR MARINA
in this matter. Please keep me advised of just (Continued)
what DNR guidelines develop and we shall work
with you as best we can. "
Ronald Harnack, DNR, letter to Paul Kempf, -
North Star P4arina owner, dated May 26, 1978,
states:
"As a result of a meeting on April 21, 1978, with
representatives of Orono, LMCD, DNR, and North
Star Marina, I have prepared this letter outlining
the initial steps required to bring North Star
into compliance. They are as follows:
l. The first requirement will be to prepare
a scaled plan of dock facilities in compliance
with the 200' limit. The plan we received
April 21 is unacceptable because the existing
docks are shown e�tending beyond the 200 ' limit.
We are looking for a layout which can be used
as a basis for bringing the marina into final
compliance. The layout should be prepared as
quickly as possible, but no later than July 1,
1978. Previous discussions with you would
indicate that you are close to co�pletion of
such a plan.
2. The April 21 dock layout indicates 52 slips
within the I,MCD dock use area. I believe a
revised layout may be able to divide the 200 '
dock area more efficiently, so as to harbor
additional boats. Additionally, the DNR
promotes dry storage of watercraft to r.iinimize
waterward encroachment of facilities.
3. The marina facilities must be in compliance
with the "State Fire Code Pertaining to Marinas" .
The fact that the existing facilities exceed
the 200' limit does not preclude the need for
compliance with the fire code. Therefore,
the marina should be certified as complying
with the fire extinguisher and fueling
provisions immediately and the remainder will
be dealt with in the development of the new
facility plan.
4. Once a plan is prepared, we will develop, in
consultation with yourself, LPQCD, and the City,
a phasing into the new plan. Such should be
accomplished in two years; however, shall not
exceed five years, thereby dictating a 20$-50�
cutback in dockage beyond 200 feet each year.
(Continued)
REGULAR NiEETING OF THE ORONO COUNCIL, JUPiE 29, 1978 Page 19
I believe a 30-day resron�e time is adequate to NORTH STAR MARIt1A
address the above. If you have any questions, (Continued)
�lease contact r.iyself or MiY.e Mueller. "
Lnd of Letter
Paul Kempf also cor.unented: We have not received .
the written regulations from the DNR and we are
waiting for them.
Mayor Van Nest: You know what our comments and
requests are. We reguested a plan fror.m you a long
tine ago. We have not received it to this date.
Do you plan to do further landscaping on the east
side:
Paul Kempf: No.
Mayor Van Nest: How about your large rental boat
on Crystal Bay?
Paul I:empf: It is being sold tomorrow and it will
be leaving July 5, 1978.
Mayor Van Nest: There are several issues here,
Paul, that have been discussed previously and
are in the record; they are:
l. Landscaping
2. Curb cuts
. Dock length
-�. Stormwater runoff
5. Storage of boats
6. 6ubmittal of total plan
Paul I:empf: Most of the water that caused the
problem for the Kanes has been taken care of.
Part of our plan includes blacktopping on the
west side. We want_ to clarify our position with
the DNR. It appears that the DPJR is more restrictive
than you are. We are also concerned with proposed
dry stacking boat storage. �ae feel it is not economical
and we do not want to initiate this.
Mayor Van Nest: The record is not good. There
has been no cooperation from you. We receive
letters from your neighbors; you have received
copies of them and you won' t talk to them. We
have been discussing these same problems for years.
You agreed to submit a final detailed plan and we
have not received one_
Paul Kempf: We have submitted plans and an
application for a license.
rdayor Van Nest: You have not adhered to conditions
� any of our previous resolutions.
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 29, 1978 Page 20
Mr. Alan Olson, City Planner, reviewed his letter NO PARIiING SIGNS
concerning parking complaints along North Shore North Shore Drive
Drive, dated June 23, 1978, which states: North Star Marina
"Over the past several years, the City has had
numerous complaints concerning parking and traffic �
problems along North Shore Drive. At the regular
meeting to be held Thursday, June 29 , 1978, the
City Council will consider a proposal to erect
no parking signs along both sides of North Shore
Drive from the intersection of Tonkawa Road easterly
around the curve to the driveway for 3268 North
Shore Drive.
If you are interested in this proposal, please
try to attend this meeting or give me a call
before then. "
End of letter
Council P�eeting - June 29 , 1978
Mr. Paul Kempf, representing North Star Marina,
cor..unented that there is a traffic hazard'on
County #51 at this area. There is very minimal
parking in this area, if posts are installed,
they should be installed on blacktop curbing.
Mr. Kempf submitted a survey of the area
certified by Mr. Gordon Coffin showing proposed
curbing and posts. The parking on the south side
is used by fishermen. There is no use of the north
side of County Road #51.
Mayor Van Nest moved, Pesek seconded, to adopt RESOLUTION #916
Resolution #916, A Resolution Requesting The No Parking Signs - #51
Hennepin County Department Of Transportation To
Erect Traffic Control Devices And No Parking
Signs Along County Road 51 - North Shore Drive.
Motion, Ayes (5) - Nays (0) .
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 29, 1978 Page 21
Mayor Van rlest inforr.ted the City Council that D'iEDIP1A-P�IORNINGSIDE
he and Administrator Dick Benson met with the SEWER PROBLEM
tdayors of Long Lake and Medina, and Lyle Swanson
to discuss the Medina-b4orningside sewer problem.
Medina' s Engineer, Lyle Swanson, will complete
an engineering study for them for our review to -
determine the feasibility of participating in
resolving the Medina-AZorningside on-site disposal
problem.
Mayor Van Nest discussed the meeting held at NOERENBERG MEMORIAL PARK
the City Council Chambers Saturday, June 24,
1978, concerning residents concerns with the
Hennepin County Park Reserve District' s plans
to upgrade the 2Joerenberg riemorial Park.
Attached is a list of persons present at the
meeting.
List - Page 22
Butler moved, Massengale seconded, to direct
staff to submit a letter to the Hennepin County
Park Reserve District outlining auy concerns.
rsotion, Ayes (5) - Nays (0) .
PQr. Jim Olson, City Engineer, reported that he RING ROUTE
and Administrator Dick Benson met with Mr. Lyle
Swanson and P1r. Greg Frank, McCombs-Knutson
Engineers , to discuss the ring route project and
to review their cor►pletion of the preliminary
engineering study. McCombs Engineering will
complete the land descriptions surveys as
initially started in conjunction with our
completing the final plans and specifications.
Dick Benson, City Administrator, presented the 1977 AUDIT
City Council with a memo from Tom Kuehn, Finance
Director, concerning the 1977 Aduit, dated
June 7, 1978, which states:
The audit report for the year ended December 31,
1977, has been completed and is herewith enclosed
for your reviewal.
You will note that this report is much different
than those of previous years. Such things as
the budget being compared to the actual receipts
and disbursements are included for the first time. (Continued - Page 23)
Page 22
NOERENBERG MF.MORIAL PARK MEETING ATTENDANCE
June 24, 1978
' 9: 00 A. M.
I,J�g ADDRESS
Brad Van Nest 3295 Carman Road
Jack R. Swenson 3020 t7orth Shore Drive
Jean Howell Diinnetonka Beach
George Howell Minnetonka Beach
Gail Rector 2655 North Shore Dirve
George Rector 2655 North Shore Drive
George Grooms 3065 Pdorth Shore Drive
Anne & Herb Willis 3048 North Shore Drive �
Betty & John Sather 3090 North Shore Drive
Laurence Reardon 3080 North Shore Drive
Sheldon Jacobs 2640 North Shore Drive
R. D. Swanstrom 1580 Bohn's Point Road
Donald W. Gustafson 2683 North Shore Drive
Hernan J. R:enner 3180 North Shore Drive _
Marge Gasch 1030 Tonkawa Road
Joyce Marfield 2455 Scotch Pine Lane � _
Sharyn Raymond 2685 North Shore Drive
Ann Aines 1535 Bohn's Point Road
Virginia G. Spangle 1720 -Bohn's POint Road
Mike Ellis 1020 Old Crystal Bay Road
Park Reserve District �
Jack Morris
Don Ring --
REGULAR P�iEETING OF THE ORONO COUNCIL, JUNE 29, 1978 Page 23
Also, the various funds are grouped by type of 1977 ADDIT
fund. There are also other changes and additions (Continued)
� which I feel are an improvement over past reports.
Having reviewed the contents of the report and
finding no material errors, I recommend that -
the attached audit bill in the amount of $2, 416
be approved for payment as submitted. This amount
is within the $2, 420 proposed to the City by the
auditor in November, 1977.
Council Meeting - June 29, 1978
Butler moved, Massengale seconded, to approve
the 1977 audit and authorized the payment of
$2 , 416 to P�errill A. Hansen, C.P.A. Motion,
Ayes (5) - Nays (0) .
The attached letter from the Minnesota Pollution ORONO-LONG LAKE
Control Agency to r'Is. Barbara Lukermann, IPITERCEPTOR
Chairwoman of the Metropolitan Waste Control
Cor.uaission, dated June 12, 1978 , was received
concerning the Orono-Long Lake Interceptor.
Letter - Pages 24-26
Mayor Van Nest moved, Butler seconded, to table METRO TRUST FUNDS
the P'Ietro Trust Funds Resolution until the next
regular Council meeting. P�otion, Ayes (5) -
Nays (0) .
Dick Benson, City Aciministrator, presented"_the DAYTOri PARK PROPERTY
City Council with a memo from John Gerhardson,
Public Works Coordinator, concerning the
Dayton property dated May 16, 1978, which states:
If the Dayton property is to be accepted by the
City and if sometime in the future it is to be
considered as a swimming beach, the following
items must be considered:
Removal of all existing buildings
One single family dwelling
One beach house
Approximate cost: $2,500
Because the streets in the vicinity, East Long
Lake Road and Old Long Lake Road, are narrow
with no shoulders, those streets must be posted
"P10 Parking" within a reasonable distance of the
property.
Approximately twenty signs and posts: $280
Installation: $120 (Continued - Page 27)
Page �4
,
_ 1 ,.
A
� � � ,�" Minnesota Poliution Confirol Agency _
� . a� ..�
� �� JUN 12 1978
� � � t�� ..����� L�
Ms. Barbara Lukermann, Chairwoman ��
Metropolit an Waste Control Commission • 13 �T$
350 Metro Square Building �`'''
Seventh and Robert Streets
St. Paul, Minnesota 55101 v'L��� Q� ���3��
Re : NPDES and State Disposal System - -- -• �
Permit No. ' s MN0029874 and NlN0024414 `
Long Lake and Orono Wastewater
Treatment Plants
C279012-D2
Dear Ms. Lukermann:
Pursuant to Minnesota Statutes , Chapters 115 and 116 , as amended,
and in accordance with the provisions of National Pollutant Dis-
charge Elimination System (NPDES) and State Disposal System
Permit No. ' s MN0029874 and MN0024414 , approval of the final
plans and specifications is hereby granted, subject to the condi-
tions given below, for the proposal to construct and operate the
Orono - Long Lake Interceptor and Pump Stations in the Cities of
Orono, Long Lake, and Wayzata; Hennepin County, which, when con-
structed, is designed to discharge wastewater to the Blue Lake
Wastewater Treatment Plant and to the Minnesota River.
The final plans and specifications and related information indi-
cate that the project will consist of two pump stations and force-
main to transmit present and future flows from the Orono and Long
Lake Wastewater Treatment Plants to the "Wayzata Pump Station. "
The pumps will be capable of pumping at the following peak rates :
Orono - 2400 gallons per minute (gpm) , and Long Lake - 1600 gpm.
The project will also consist of 10 ,200 feet of 20-inch force-
main, 15,200 feet of 18-inch forcemain, 7,100 feet of 16-inch
forcemain, and 800 feet of 21-inch gravity sewer.
1935 West County Road B2, Roseville, Minnesota 55113
Regional Offices • Duluth/Brainerd/Fergus Falls i Marshall/Rochester/Roseville
Equal Opportunity Employer
� Page 25
Ms. Barbara Lukermann, Chairwoman
P age Two
J U N i 2 1978
The treatment system is further described in a facilities plan
on the facilities by McCombs-Knutson and Associates , Inc. , dated
September 1972 and four addenda dated April 1976, August 1977,
November 1977, and May 19 , 1978 from the Metropolitan Waste
Control Commission.
The Agency, its officers , employees , and agents review and com-
ment upon engineering reports and plans which provide the basis
for this approval solely for the limited purpose of determining
whether there is reasonable assurance that the treatment system,
when constructed, will comply with the regulations and criteria
of the Agency.
No alterations or additions to the treatment system shall be
made until the Permittee has submitted plans and specifications
for the change to the Agency and has received the written approval
of the Director.
For those projects proposing to utilize Environmental Protection
Agency (EPA) or Minnesota Pollution Control Agency (MPCA)
construction grant funds, there should be no advertisement for
bids and no construction may be initiated until the Step III
grant offer is received from the appropriate reviewing agency.
This approval shall not relieve the Permittee from complying
with all conditions and requirements of the NPDES and State
Disposal System Permit and shall be retained by the Pe�ittee
with the Permit.
Any questions regarding this approval should be directed to
Gordon E. Wegwart at (612) 296-7309.
Sincerely,
� .
Perry Beaton, P.E.
Chief, Facilities Section
Division of Water Quality
JUN 12 1978
DATED:
PTB/GEW:sl
cc: See attached list.
Page 26
Ms. Barbara Lukermann, Chainaoman
Page Three
JUN i 2 1976 .
Copies sent to:
U. S. Environmental Protection Agency, Permits Branch, Chicago
U. S. Environmental Protection Agency, Construction Grants Branch ,
Chicago
U. S. Environmental Protection Agency, Minneapolis
The Honorable Brad Van Nest, Mayor, City of Orono
��8rono City Council, c/o Walter Benson, Clerk
The Honorable Patrick Farnand, Mayor, City of Long Lake
Long Lake City Council, c/o Ms. Debbie Stinson, Clerk
The Honorable John W. Palmer, Mayor, City of jaayzata
Wayzata City Council , c/o Larry Thompson, City Manager
Hennepin County Chairman, c/o Auditor or Administrator, Minnea-
polis
McCombs-Knutson Associates , Inc. , Minneapolis
Metropolitan Council, St. Paul
Minnesota Department of Health, Minneapolis
Ron Bunton, Metropolitan Waste Control Commission, St. Paul
REGULAR rZEETING OF THE ORONO COUNCIL, JUNE 29, 1978 Page 27
The property does have an area that would DAYTON PARK PROPERTY
accommodate ten to fifteen vehicles if a parking (Continued)
�_ot were constructed. The area needed would
�e approximately 3, 000 sq. ft.
Material costs for a crushed rock parking lot: $1, 900 -
Labor: $350
The City currently has three swimming beaches with
eleven sections of dock at each beach. I would
recommend at least this much dock at the Dayton �
property.
Eleven sections of dock @ $168 = $1, 848
In addition to this at the three beaches now
maintained by the City, we are required to install
only authorized swim area buoys that consist of
three large buoys and approximately twenty small
marker buoys.
Because of the frontage of the beach, I would
recommend at least four large swim area buoys and ,
thirty sr.iall marker buoys.
Four swim area buoys and 30 small marker
buoys : $1, 080
^able and weights : $200
1'axes due in 1978 are $2,324.02
It would be difficult to know exactly how manv
manhours would be involved to maintain this
property, but even at minimum maintenance at
least eight hours a week would have to be considered.
Eight hours per week minimum: $2,288
There have been several discussions about this
property and during those discussions, the corunent
has come up several times about �aho will benefit
the riost from the development of a public swimming
beach at this location; the point being directed
to whether Long Lake residents will benefit more
than Orono residents. There is no doubt that the
density of population in this area is far greater
in Long Lake than in Orono, but I am sure that
several residents are using recreation facilities
in Long Lake and I do not feel this would be a
point of argument.
Of the items of concern, I feel that if the City
of Orono is to accept this property, it must
consider the problems with the other three swim-
ting beaches that are now being used. They are
basically the same situations being adjacent to
residential property.
(Continued)
REGULAR t2EETING OF THE OROP10 COUNCIL, JUNE 29, 1978 Page 23
Presently, the recreational facilities are being DAY`�'OP1 PARK PROPERTY
minimally maintained and with the increased (Continued)
velopment of our present parks and beaches, this
.._11 mean more costs for maintenance.
Letter from Dottie Rietow, Bruce P�alkerson' s -
secretary, dated November 30, 1976 states:
"Bruce ?4alkerson requested that I look into the
necessary steps for the City of Orono to accept
the Dayton Park Property.
According to the handbook for the statutory cities
put out by the League of P4unicipalities, cities
may accept gifts of real or personal property
including money and use them for the benefit of
their citizens in accordance with the terms
prescribed by the donor. Gifts may not, however,
be accepted or used for religious or sectarian
purposes. A resolution accepting the gift and
stating in full the terms of the donor must be
adopted by an affirmative vote of two-thirds
of the members of the Council. "
Council PZeeting - June 29 , 1978
Mr. Oberhauser was present to discuss Mr. Dayton' s
�oposed gift to the City.
Mayor Van Nest comr,�ented on his concerns with
accepting land and adding to the already enormous
amount of land off the tax rolls for park purposes.
Councilmember Pesek comr.iented that services are
not available for this area; particularly to
supervised swims.ling.
Pe�e�: noved, Massengale seconded, to request the
City Attorney to draft a resolution to accept
the Dayton Park property to be presented at the
next meeting and to address itself to:
1. Taxes
2. Warrenty deed and title opinion
Motion, Ayes (4�) - Nays (1 ) • P�Iayor Van rdest Piay.
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 29 , 1978 Page 23
A4assengale moved, Butler seconded, to approve ASSISTANT ZONING
the advertising for an Assistant Zoning Adz�►inis- ADMINISTRATOR
trator. P4otion, Ayes (5) - Nays (0) .
Butler moved, r2assengale seconded, to accept SUrZNiARY OF RECEIPTS, etc
the Summary of Receipts , Disbursements and April 1978
Balances for April, 1978, r7otion, Ayes (5) -
Nays (0) .
P4ayor Van Nest moved, Butler seconded, to accept SUMP�IARY OF RECEIPTS , etc
the Sur.mriary of Receipts, Disbursements and First Four Plonths 1978
Balances for the four r.�onths ended April 30 ,
1978 . Motion, Ayes (5) - Nays (0) .
Mayor Van Nest announced that the new Council JULY 11, 1978
meeting schedule will begin at the next regular Next Council meeting
meeting on Tuesda��;- July 11, 1978 at 7: 00 P.P�I.
Butler r.loved, Piayor Van Nest seconded, to close CLOSE OFFICES
the City offices on Plonday, July 3, 1978. July 3, 1978
Plotion, Ayes (5) - Nays (0) .
Mr. Ed Johnston, 1340 North Arm Drive, requested SE[•7ER ASSESSMENTS
the City Council to reconsider their previous . 1340 North Arm Drive
action allowing the sewer assessments to be #379
split and paid when property is sold. Ed Johnston
Mayor Van P1est moved, Butler seconded, to reconsider
the r.lotion concerning the above request of Ed
Johnston, 1340 North Arr.i Drive. P-sotion, Ayes (5) -
Nays (0) .
riayor Van Nest moved, Butler seconded, to split
the sewer assessment allowing them to be paid
when property is sold per the request of Ed
Johnston, 1340 North Arm Drive. P�iotion, Aves (5) -
Nays (0) . �
Mr. John Swanson, 2795 Casco Point Road, was VARIANCE
present to discuss his request for a variance. 2795 Casco Point Road
#377
Paurus moved, Butler seconded, to table the John Swanson
variance request of John Swanson, 2795 Casco
Point Road, for additional information to
include:
1. Show expansion
2. Show square footage before and after
P•Zotion, Ayes (5) - Nays (0) .
REGULAR I�EETING OF THE ORONO COUNCIL, JUNE 29, 1978 - Page 3�
DiGY. Benson, City Administrator, presented the DRAINAGE PROBLEM
City Council with a memo from John Gerhardson, 3287 Casco Circle
Public 6Vorks Coordinator, concerning a drainage 3034 Casco Point Road
problem at Casco Point dated June 28, 1978,
which states :
In the spring of 1978 during the initial spring
thaw, a drainage problem was discovered on the
north side of Casco Circle.
It was determined that a private 6" to 8" tile
line was not draining from the area of 3287 Casco
Circle. It was also determined that the malfunction
of the tile was caused by a home built in 1976
by a Mr. Haley at 3034 Casco Point Road.
At that time, I received a call from Mrs. Haley
requesting something be done about the water
coming into their home.
P'irs. Haley stated that when the home was built,
the outlet of the tile line was rerouted from the
rear of their home to the east and then north
along side of their home with the outlet on an
embankment which eventually drained across the
top of the ground to the lake.
I did go into the horie and was shown by PZrs.
Haley where the water was coming into the lower
level of their home. Their basement was
completely saturated and a pump had been placed
to pump the water outside.
I suggested to Mrs. Haley that they should do
something immediately to repair the drain tile
to relieve the situation, and further explained
that it was not a City tile line. I also informed
her that the only way to prevent this from
happening again was to petition the City for
storm sewer, or rep.air the present line in such
a way that it would function properly.
On Sunday, June 25, 1978, we experienced a very
heavy rainfall. I received several phone calls
on Monday, June 26, 1978 from the affected
property owners on Casco Circle.
On that sarne morning, street forerman, Jim Dillman,
and r.iyself inspected the area and did observe
water running on top of the ground at 3034 Casco
Point Road, the Haley residence.
We also observed the tile line that had been
rerouted by the Haleys and were able to determine
that there was no water running through that
tile line. I was unable to contact anyone at
the Haleys. (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 29 , 1978 Page 31
. On that same day, I had a lengthy conversation DRAINAGE PROBLEM
with Psrs . Lee Geinert-and explained the situation Casco Point
to her and suggested that all affected property (Continued)
owners get together with the Haleys and try to
resolve the problems themselves.
The only absolute solution I could recommend was
for them to petition for storm sewer.
On June 26, 1978 at your request, I requested
Zoning Administrator Alan Olson to check the file
on 3034 Casco Pont Road to determine if the drain
tile had been discussed at all at the time of
construction. It had not; however, it was
discovered that no final inspection for occupancy
had been made. The building permit had been
issued September 22, 1976 and the last inspection
was January, 1977.
Council Meeting - June 29 , 1978
P�4r. Jack McCullough, 3287 Casco Circle, and P4rs.
Janice Haley, 3034 Casco Point Road, were present
to discuss their drainage problems. Mr. McCullough
and P'Irs. Haley were advised by the City Council
that the drainage problem was a private matter
caused by obstruction of natural drainage at the
Haley residence and has to be resolved by them.
h4ayor Van Nest announced that the Planning TOUR OF THE LAKE
Comriission is hosting a tour of the lake on July 15, 1978
July 15, 1978 at 8: 00 A. M. leaving from the
Lafayette Country Club returning to the Club
for breakfast upon completion of the tour.
The City Council members are invited to attend.
Dick Benson, City Administrator, presented the 73-1 RESTORATION CLAIM
City Council with a memo from John Gerhardson, 3135 North Shore Drive
Public Works Coordinator, concerning the 73-1 Duane Hoff
clair.l for Duane Hoff, 3135 North Shore Drive
dated June 27, 1978, which states:
It has been deterrlined that during the 73-1
sewer construction project that a private drive-
way easement was not placed properly during the
restoration at 3135 North Shore Drive.
It has also been determined that the driveway
is encroaching on the property of Duane Hoff.
A certificate of survey has been completed and
shows the amount of encroachment.
(Continued)
.
REGULAR P�IEETING OF THE ORONO COUNCIL, JUNE 29 , 1978 Page 32
I have been in contact with Mr. Hotf on several 73-1 RESTORATION CLAIM
occasions and have been given two alternatives, (Continued)
one being, riove the driveway to its proper
location or pay Mr. Hoff for approximately 480 sq.
ft. of his property. If we decide to move the
driveway, Mr. Hoff insists that we move three or -
four 6 ' to 8 ' Norway Pine trees that were placed
on his property by mistake. To move the driveway
and the pine trees _would, in my opinion, be cost
prohibitive.
� haye discussed this with City Attorney Bruce
Malkerson in regard to condemnation. Bruce feels
this approach to be cost prohibitive.
P�ir. Hoff has indicated that he would accept a cash
settlement of $4. 00 to $4.50 per square foot.
This would be a total cost of $1,920 to $2, 160.
It is my recommendation to offer a cash settlement
on this s�tuation; however, I do feel there is
room for negotiations on the total amount and
I am requesting permission to negotiate with
Mr. Hoff for an amount not to exceed $2,160.
Council Meeting - June 29, 1978
2�iayor Van Nest moved, Paurus seconded, to authorize
staff to negotiate a settlement not to exceed
$1, 800 to Duane Hoff, 3135 North Shore Dirve,
for the 73-1 restoration. Motion, Ayes (5) -
Nays (0) . �
Massengale moved, Butler seconded, to approve the LICENSES
following� licenses: PQotion, Ayes (5) - Nays (0) .
Associated Well Drilling, Iric. - Well Driller
Berghorst Plumbing & Heating - Plumber
Bonine Excavating - Sewage Disposal Installation
Ii. Ruppert & Son Well Company - Well Driller
Hoglund Mechanical Contractors, Inc. - Plumber &
Sewer Hookup
North St. Paul Plur.ibing & Heating - Plurmber
Swedlund Sewer & Water - Sewage Disposal Installation
P�assengale moved, Butler seconded, that the All BILLS
Funds Accounts 2415 through 2469, 19758 through
19766, 6630 through 6676, 19848 through 10850 and
Liquor Store Accounts 12563 through 12593, be paid.
Motion, Ayes (5) - Nays (0) .
� REGULAR MEETING OF THE ORONO COUNCIL, JUNE 29, 1978 Page 33
Butler moved, Mayor Van Nest seconded, that the ADJOURNMENT
meeting be adjouned at 11: 15 P.M. Motion, Ayes (5) -
Nays (0) .
` J r
� ,�
William B. Van Nest, P4ayo
;- 'J �
Attest: � ��_/(�j�i'" � ���<-
V7alter . nson, Clerk-Admi '-strator
�J -