HomeMy WebLinkAbout11-14-1978 Council Minutes ��
� CITY OF OROP70
Regular Meeting of the Orono Council, 7 : 00 P.M.
November 14, 1973 �
The Orono Council met on the above date with
the following members present: P4ayor Van Nest,
Councilmembers Butler, rlassengale, Paurus, and
Pesek. Also present: City Planner Olson, City
Attorney Malkerson, City Engineer Olson, Finance
Director Kuehn, Public �aorks Coordinator Gerhardson,
Chief of Police Kilbo, and Deputy Clerk Strom.
Absent: City Adr.ministrator Benson.
Butler raoved, Pesek seconded, to approve the CONSENT AGEPdDA*
Consent Agenda*, excluding iter.l #2 , with all
staff data and supportive information to be
included in the r4inutes in the sequence they
occur. P�'Iotion, Ayes (5) - i�7ays (0) .
Butler rloved, Pesek seconded, to approve the DiINUTES
P4inutes of the Regular Meeting held October 26 ,
1978, as amended. P4otion, Ayes (5) - Nays (0) .
Councilmember Paurus, Lake P'linnetonka Conservation LP�lCD REPORT
District Representative, announced that Lt�ICD public
� hearings would be held in the Orono Council Chambers
Pdover,lber 15, 1978 at 7: 30 P.PS. regarding dock licenses.
Councilr:ler.lber Paurus reviewed the LP�ICD Lake PZanage- � LriCD PRIORITIES PROGRAM
ment Progran Priorities and requested corunents
frori the City Council at a future time.
Roland Berglund and Peggy ti9atson, Park Coru�ission BEDERWOOD PARK
r.ier.ibers, were present to discuss the developr.ient of
Bederwood Park.
Mr. Berglund read a letter outlining the history
of the property now kno�an as Bederwood Park.
Discussion followed concerning the use of park �
dedication fees, the need for a Babe Ruth field,
rlonies spent already on the grading, seeding, etc. ,
what the recreational needs are, and who would
operate and maintain playground facilities.
P4rs . Watson stated that approximately 60 ' would
have to be excavated in order to r.iake �= �a�e`��.11
field.
Councilr►ember Paurus requested John Gerhardson,
Public Works Coordinator, to ohta�_n rnc�re informa-
tion on what specifications qualify a Babe Ruth
field, such as dugout, backstop, or anything that
could be an expense to the City; 2) A naintenance
plan; 3) Specific financial estimates needed to
build and maintain the park.
REGULAR MEETItJG Or mHE ORONO COUNCIL, NOVEPIBER 14, 1978 Page 2
PZr. Alan Olson, City Planner, presented the City COMPREHENSIVE PLANrIING
Council with a Proposed Planning Program from COMPZENTS
Isberg, Riesenberg, Chelseth and Associates, Inc. ,
Comprehensive Planners.
Mr. Alan Olson, City Planner, entered into the REZONING & SUBDIVISION
record the following information concerning 1960 Shoreline Drive
applications #414, #418 , & #421, involving #414 , #418, & #421
P4r. Tourangeau, 14r. Reutiman & Mr. Hornick, dated A. J. '�'ourangeau
September 28, 1978 , which states:
All three of these applications concern one property
and are intricately intermingled. The Planning
Cor,unission has recorunended Rezoning (�421) and
Preliminary Subdivision (#414) approval. The
Conditional Use Permit (#418) was withdrawn, but
a Legal Non-Conforming Conditional Use Permit would
be a part of the rezoning.
I recommend reviewing and adopting the attached
resolution first. Second should be the review and
adoption of the attached rezoning ordinance. Thirdly,
the review of the preliminary subdivision �aith any
approval being granted in the no�al manner of a
motion as per the Planning Comr.iission recorunendations,
plus reference to the above resolution.
Staff Update - October 19 , 1978
We have received the attached letter frort Robert �
Reutinan, Jr. I have not changed any of the findings
in the proposed resolution until the Council has a
chance to review his comments and ray response as below:
6. The legal description of the lease, as providecl by
Pir. Tourangeau, is according to the attached copy.
It does not mention Lot 24 except for the driveway.
9 . "nornal business hours" as written refer to 7 A.P2.
to 6 or 7 P.Ai.
13. County traffic counts can indicate nuriber of vehicles;
an inventory could determine size and type of .truck
traffic; an analysis could be done regarding sight
distances, speed, accidents, etc.
15. Complaints are on record fror.► the meetings regarding
, this particular application.
19. The r.larina is not a business serving the neighborhood
needs; the service station was such a business.
40. The resolution speaks for itself. (Continued)
REGULAR P7EETING OF THE ORONO COUPJCIL, tJOVEPiBER 14 , 1978 Page 3
41. North Shore Union is in the B-2 zone. REZONING & SUBDIVISION
� 1960 Shoreline Drive
49. Refer to the Minutes of the September 25, 1978 (Continued)
Planning Corunission meeting.
58. The resolution speaks for itself. The rezoning
application has expedited the other matters.
The boundary lines are dif�erent due to conflicting
legal descriptions. I have a map with the
different lines shown very clearly.
I believe that the record,as established by this resolution,
is clear.
Staff Update - November 8, 1978
The matter was not heard at the October 26, 1978 meeting
because only three Members were present. At that meeting,
Mr. Reutiman promised to have plans submitted for
the station improver.lents contemplated. The attached
plans were delivered by Mr. Hornick on Nover,�ber 7, 1978.
Plan Pdo. 1 - shows the existing station layout. Pop,
candy and cigarettes were sold from vending
machines. •
Plan No. 2 - shows a proposed layout for convenience
food store similar to application #418
which was withdrawn on Septeriber 11, 1978.
This is a retail food sales use which is a
new use for this property, requires a lot .
area variance, parking variance, loading
dock variance and setback variances for the
B-1 zone, and is a use or change of use which
would be prohibited in the LR-lA zone if this
area is rezoned. This is the concept which
caused lengthy review of the entire application.
Plan No. 3 - shows a reduced version of Plan No. 2 but still
includes food sales of milk, pop and frozen
products. A car wash stall is shown as an
addition to the existing services.
Plan No. 4 - shows proposed parking (which may not be entirely
acceptable) , curbing, fencing, underground fuel (?)
storage and a pump island canopy. No landscaping
areas are shown. The canopy design would be
sir.iilar to the "Amoco" canopv on the attached
drawing.
To review my recor.unendations:
l. The Council should adopt the fact-finding resolution
to clear the record.
(Continued)
REGULAR PiEETIPIG OF TFi� OROilO COUNCIL, NOVEP4BER 14, 1978 Page 4
2. The Council should seriously consider adopting RE7,ONIPIG & SUBDIVISION
the ordinance to rezone the property �er 1960 Shoreline Drive
application #421 for all the reasons previouslv (Continued)
stated. �
3. The Council should review the subdivision request
#414 in relation to the above items. �aith the
record clear, I recor,u�end approval of the pre- '
liminary subdivision.
4. The Council should review and establish the
record concerning allowable usage o� the service
station. It is an existing conditional use on
a substandard lot in the B-1 zone and if the
rezoning is approved, it will be a legal non-
conforming use. The conditional use pernit should
be established by resolution to include the following:
a) The lot size and structure statistics.
b) The use history.
c) The allowable use including definition of business
and/or product sales, hours of operation, required
parking, required landscaping and curb cuts,
allowable structure changes and/or additions and
other such reasonable conditions v�hich are applicable
to this business at this location.
d) Any special dispensation to allow occupancy of the
premises prior to final plat approval but not
necessarily prior to required property ir.lproverients
(such as curb installation) . ,
I �vould expect the above items to be discussed with
direction for staff review and resolution preparation
for the next meeting.
Letter from Mr. Robert Reutiman, Jr. dated October 16, 1978
Pages 5-7
Council Meeting - November 14, 1978
Mr. Tourangeau, PZr. Reutiman, Sr. , Mr. Reutiman, Jr. ,
Mr. Hornick, and P4r. Rovegno were present.
P2assengale moved, Butler seconded, to adopt Resolution RESOLUTION #955
#955, A Resolution Regarding Development And Use Of 1960 Shoreline Drive
Property At 1960 Shoreline Drive. i7otion, Ayes (5) -
Nays (0) .
. (Continued , "��P �)
1 . - ��� Page 5
,' ��_.�
PHLEGER AND REUTIMAN � --- °'"" '
ATT�RNEYS AT LAW � / ��:a c�S ��
305 EAST AiCC STAEET •
WAYZATA. MINNESOTA 55391
G�.Rr L.Ph�LEGER � 6�2-�93-7328
ROBERT W.�7EL1TIMnN.JR.
• •�
��/ -� �.
October 16, 1978 �
.��� �,
�/ -�� �
Orono City Council
Orono City Hall
Orono, 2�1 " .
� Re: Proposed resolution concerning 1960 Shoreline Drive
Dear People:
Thank you for tabling this matter to allow us an additional .
period of time to respond to the above resolution, which is
basically a series of fact findings to be used in subsequent
decisions. We would like to respond to several of the pro-
posed findings with reference to each said finding to which
we have a comment or objection by finding number. Our comments
are as follows:
No. 6: The fact is that my client has had an interest in
tFiis property since i954, when he built the existing gas
station. This lease arrangement, and ownership of the building,
has continued since that time. We would request that this
finding reflect that fact because it certainly clarifies our
standing to be heard on this� issue. Additionally, part of the
finding is inaccurate in that the portion leased consists of
100 ft. o_f frontage and 75 ft. of dept on Lots 24, 25 and 26,
with additional driveway rights over the remainder of Lot 24.
No. 7: The year of the sublease to Texaco was 1963, and for
purposes of accuracy that fact should be reflected in this
. finding. _
No. 9: We would submit that this finding �is ambiguous. What
�es "normal" mean? Additionally, it should be noted that the
party who operated the station prior to Te�co opened up longer
hours than did Texaco.
No. 13: Here again, what do words like "heavy", "high", and
azard" mean? Is not this portioin of the road a posted 40 mph
limit? If- so, w�y not just say that. Does not the traffic
density vary considerably depending on the time of day? Should
� , ,' Page 6
Orono City Council
October 16 , 1978 -
Page -2-
not the nature of the hazard be defined?
No. 14: 4Jhy not define the real problem, which as we understand
it s that after the station was opened up and in operation a
co�nercial marina was located across the highway, and that in
recent years the station site on week-ends has been used for
parking by the marina, with the result that on week-ends in .
late spring, sumn:er or early fall it has been necessary for
the Orono Public Safety Department to control the crossing of
pedestrians from the station site to the marina. _ The finding
as presently drafted is certainly overbroad and so general that
it really means nothing.
No. 15: When dis3 these complaints start? W'hat is their exact
nature? Is part of the hazard caused by an adjoining property
owner using the dedicated street as his front yard?
No. 19: This station is not as vestigial as this finding would
imp y and therefore it is inaccurate. The fact is that for
years prior to 1954 J. V. Spates ran a service station selling
- Runz oil products and also had a coal business office on this
site. Additionally, we would point out that since its inception
the marina has clearly expanded�tits operations. Therefore, the
station is not the only �er�mant .
No. 40: Motor fiiel is motor fuel, regardless who pumps it, and
can y and pop have clearly been sold on this site in the past . �
Therefore, it is overbroad and sweeping to say that the referenced
application is an expansion of the historic use of this property.
To be accurate it should be reflected that the sale of milk, .
bread, beer, ice, and ice cream would be an expan$ion of the
historic use of this property.
No. 41: Is this true? Would not such combined uses in a B-1
area with a conditional use permit for motor fuel sales be con-
sistent with the ordinances? Also, is not the North Shore Union
76 located at the junction of Hwy. 51 and 135 in the City of
Orono, and does it not combine and advertise the sale of motor
fuel and ice cream and hot sandwiches (snacks) and bait and the
• like? .
No. 42: We respectfully submit that gas stations in and of
t emselves , unlike theatres, marinas , or other sources of
recreation and aimisement do not generate traafic. Rather,
they depend upon traffic for existence. Pedestrian tra�fic
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Orono City Council �
October 16, 1�78
Page -2-
occurs to the marina because people have traditionally parked
on the station site to use the marina, and then this problem
has occurred during the peak periods we have noted.
No. 49: Frankly, we��were amazed at what can be categorized
at tTe least at the strong suggestion made to Tourangeau that
he apply for rezoning, and that is the reason no objection was
made at that time. It should be noted for the record, that at
a later meeting we did in fact expressly withdraw any support
for the application for rezoning. Was that fact noted for the
record at the Planning Cor�unission meeting at which the formal
withdrawal was made? �
. No. 55: We would request that the phrase "extent and degree"
�e suTstituted for the phrase "manner and extent" , since that
is the language used by Section 32.480. _
No. 58: My notes dictated immediately after the meeting at
w�c�Fi-the rezoning application was first made clearly indicate
that if Tourangeau would propose to rezone to residential, then
Subdivision approval as well as a conditional use permit , wo-uI3
be favored. Also, it should be noted that the boundary lines '
of the lease arid those of actual use and occupation for the
service station site are the same. �
We note parenthetically that it was represented at the last
council meeting that the drafter's intent in using the words
"motor fuel" did include the sale bf diesel fuel should the
same become economically feasible, which may well be the case.
� Thank youfor your consideration. We request that these comments ,
objections, and requests for c�arification be included as a
permanent part of the record of proceedings herein.
Sincerely,
f / � • - .
Robert W. Reutiman, �
RWR:1 j
REGULAR P�iEETING OF THE OROPdO COUNCIL, NOVEPSBER 14, 1978 Page 8
Massengale moved, Butler seconded, to adopt Ordinance ORDIPdANCE PdO. 214
No. 214, An Ordinance �ending The MuniciPal Code Of Rezon2ng
Orono By Listing Th� Legal Descriptions Of Certain 1960 Shoreline Drive .
Properties In The City Rezoned From B-1 To LR-lA. (Continued)
P4otion, Ayes (5) - Nays (0) .
Pesek moved, t•lassengale seconded, to approve the
preliminary subdivision request of A. J. Tourangeau,
1960 Shoreline Drive, subject to the following
conditions: '
l. Formal issuance of a conditional use perr.►it for
the gas station, pursuant to the requirerments
of 31. 100, 32. 480, and 38. 500, for continuation
of the existing character and extent of use of
the property as a legal non-conforming use of
land.
2. Installation of required curbing and landscaping _
as recorunended by the County Highway Department
and the City Engineer, not to include any additional
right of way. Landscaping tir.ie table required. �
3. Combination of rer_iaining Tourangeau lots for tax
purposes (Lots 7-14 & 20) .
4. Closing of one rear station window for building
code requirements.
5. . Approval of variances:
Zone LR-lA Section 34. 352
Lot 1 Lot 2
Lot area required: 87, 120 sq, ft. 87, 120 sq. ft. �
proposed: 16,000 sq. ft. 10 , 875 sq. ft.
variance: 17,120 sq. ft. = 82� 76 , 245 ��. ���. = 87. 5�
Lot width required: 200 ft. 200 ft.
proposed: 104 ft. 140 ft.
variance 96 ft. = 48� 60 ft. = 30$
Front Setback required: 50. 0 ft. 50 ft.
existing: 40. 7 ft. 41 ft.
variance: 9. 3 ft. = 19� 9 ft. = 18�
Side setback required: 30. 0 ft.
proposed: 15. 3 ft.
variance: 14. 7 ft. = 490 �
Rear setback required: 50. 0 ft.
proposed: 5. 4 ft.
variance: 44. 6 ft. = 89�
(Continued)
REGULAR MEETIPIG OF THE ORONO COUNCIL, NOVEP�iBER 14, 1978 Page 9
P�4otor Fuel Stations, Section 38 . 500 (Lot 2) SUBDIVISION
� 1960 Shoreline Drive
38. 507 - location of driveway to Central Avenue (Continued)
within 30 ft. of intersection with County
Road 15.
38. 506 - location of pump island within required yard
area (front setback 17 ft. vs, required 50 ft.
side setback 22 ft, vs , required 50 ft. )
6. No park dedication fee (existing dwelling) .
7. Legal staff review of the existing building
encroachr.lent on Lot 2.
Motion, Ayes (5) - Nays (0) .
Mayor Van Nest requested staff to draft a proposed
resolution concerning a conditional use perr.iit
providing terms and conditions for the continuance
of operation of the filling station as a legal
non-conforming use and under what conditions it
shall operate.
Pesek r.loved, Butler seconded, to approve the instal-
lation of a 6 , 000 gallon tank contingent on the
approval of the State Fire I4arshall and the City
Engineer on the location of the tank. Psotion, Ayes (5) - �
I1ays (0) .
Mr. Alan Olson, City Planner, entered into the record CONDITIONAL USE PERP4IT
the following information concerning a conditional 1595 Bohns Point Road
use permit of David Dunlap, 1595 Bohns Point Road, #424
dated September 18, 1978 , which states: David Dunlap
Ordinance Reference: 31. 700
The applicant requests a conditional use permit for
the purpose of dredging accumulated sand and rock
at the inlet to a lagoon, creating a channel for
his boat at the northwest corner of his property.
The dredging operation will cover a 26 ' X 28 ' area,
rer.loving 18" of sand to a 3' depth, approxir.lately
200 cubic feet of material to be rer.ioved. (Diagram C)
To be subr.iitted to the rsinnehaha Creek �aatershed
Disricit for review. DNR permit will be required.
Staff Update - October 2, 1978
As requested by the Planning Commission, the applicant
has checked with the DNR and was informed that a
previous dredging pernit had been issued for that
property and they foresee no problem with issuing another.
(Continued)
REGULAR P'iEETING OF THE ORONO COUNCIL, P10VEMBER 14, 1978 Page 10
_ Planning Cor.imission P4eeting - October 10, 1978 CONDITIONAL USE PERMIT
� 1595 Bohns Point Road
Planning Commission recor.unends approval of the (Continued)
dredging project prepared by David Dunlap based on
a previous DNR permit being issued for dredging in
1970 and the amount to be dredged is negligible.
If the dredged materials are to be disposed on the
lot, the applicant must consult with the staff
concerning on-site disposal standards set by the
DNR. The Commission recomrnends that Dr. Dunlap
consider the suction dredging method.
Before final Council action, the Planninc� Corlmission
requested a copy of the original DNR permit for
Council and staff review.
The Corunission expressed concern over blanket
approval being given to maintenance dredging
projects. They recommended new criteria be
established to deal with each application.
Staff Note - Nover►ber 9, 1978
Attached is a draft copy of a resolution for denial
as requested at the last meeting. I understand
Mr. Dunlap will be at the meeting and r.iay request
reconsideration.
Council tseeting - November 14, 1978
Mr. & Mrs. David Dunlap were present. P4r. Dunlap ,
read a letter concerning his request to the City
Council.
Letter - Pages 11 &12
r2r. Dunlap also presented the City Council with a
letter from Dr. John PQ. Wood, Director of the Gray
Freshwater Biological Research Foundation.
Letter - Page 13
P��ayor Van Nest sLated tliat he has always .
believed that dredging does do dar.tage to the lake.
He stated that the Council consistently raaintains .
that dredging is ecologically and environmentally
unsound for Lake Psinnetonka. The reasons why some
dredging had been approved was to maintain riparian �
rights to the lake for homeowners. He also explained
the process of nutrients polluting the lake due to �
dredging.
Discussion included former applications �or dredging
that had been approved several years ago, riparian
rights, r►aintenance dredging, and hardships involved.
(Continued, Page 14)
Page 11
� David J. Dunlap, M. D,
1595 Bohn`s Point Road
Wayzata, Minnesota 55391
November 14, 1978
The Honorable Brad Van Nest
Mayor of Orono
Crystal Bay, Minnesota 55323
My dear Mayor Van Nest:
This is a request for the Orono Village Covncil to reconsider my application
for maintenance dredging of the channel into my boat harbor. Unfortunate.Zy,
I was unable to be at the last council meeting to svpply information that
perhaps wovZd have heZped clarify my appZication. •
As you know, this natural inlet and �hannel were dredged in 1950 to produce a
boat liarbor. This area has been used intermittently for that pvrpose since,
and I have periodicaZly kept boats here. During the past 28 years however,
there has been gradvaZ encroachment of the sand blanket in this area over the
entrance to the harbor, so that this entrance is no Ionger deep enough to
accomrnodate my new boat. I have proposed pZacement of a permanent dock in
the harbor for mooring of this boat.
With regard to the resolution to deny my conditional use permit being considered
by the Village Council tonight, I would like to answer each specific point made
in the resolution.
1. Although I do have other access to the Zake, the access in the lagoon is
not comparable in any way to that in the main Zake, and the request to continue
use of this area is made not merely for con venience. The shore of the main lake.
is co.vered by an extensive sand bar that reguires an extremely Zong dock to --�` 7�,
reach water deep enough for a medium sized boat. This area is not svitalile
for permanent dock pZacement because of this and because of the exposure to the
prevailing northwesterly winds during ice break ap. During the last few years
. I have buoyed a boat in this area rather than put up an extremely long dock. In
addition, the Iagoon area can be observed from the house whereas the main Zake
dock area cannot, and thus is more vulnerable to theft and vandalism.
2. The type of dredging and placement of spoils requested was fully discussed
with the Planning Commission when they unanimousZy approved my application. It
was feZt that svch su�tion dredging conforming to the rules of the L1�1CD for
placement of spoils was preferred and easily accomplished. In addition, Doctor
John Wood of the Freshwater Bio.Iogic Institute has inspected my property, including
the proposed areas of placement of spoils, and sees no adverse effect from using
this area.
3. Impact on the Zake was also discvssed in the Plannin_q Commission. According
to the statement policy accepted by the Orono City Council on March Z1, 1975, this
Zagoon wou3d be classified as part of Lake Minnetonka, and as such, should be so "
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Page 12
protected. If this channel area is allowed to close by siltation, this lagoon
would be lost to the Iake and become marshland. This would not only depri ve
various fish species of a breeding area, but would also deny access to fishermen.
There would be no adverse ecological impact on the lake if this area were dredged
by the methods described. A recent study completed at the Freshwater Biologic
Institute would support this.
4. Hardship to the land by denial of this dredging would be an ultimate Ioss
of this area to Lake Minnetonka. In addition, loss of the boat lagoon to me
would have a considerable in fluence on the value of my property, for which I
feel I shovld be reimbursed if the covncil chooses to deny my application. -
5. Public interest to be served by this dredging would be the continued vse of
this area by -fishermen, and avoidance of an unusually Iong dock extending into
Lake Minnetonka.
6. Orono village ordnances do not specifically disallow dredging because other
riparian access is present. In addition, prev�ous dredging permits issued by the
City Council have NOT always been for maintenance of riparian rights. A permit
issued on October 26, 1971, at 2660 Casco Point Road allowed channel dredging
through shallow lake bottom, so that a more convenient, permanent dock could be
placed at the shore rather than use an unusvaZly long dock. In addition, on
May 29, 1973, a dredging permit was issued by the City Covncil at 1298 Wildhurst
Trail to dredge an inlet for boat dockage even though ample other shore existed
in a very con venience .Iocation. The Orono City CounciZ allowed dredging of a
20 foot channel almost a qvarter of a mile in Iength throvgh marshland, Angust 12,
1968, at 360 North Arm Lane to produce Iake access where none had existed befare.
7. I do not feel that there has been a situation comparable to mine presented
to the City Council where a dredging permit has been denied. I was unable to
find, in the council minutes, any example of denial of maintenance dredging, and
it would �seem that a denial would be an unprecented action.
In summary, there is absolutely no ecological =or Zogical reason to disallow
maintenance dredging in this area, and in fact, it would be beneficial to the
Iake, In addition, there is no precedent for this denial and for these reasons
the permit shovZd be granted.
Very truly yours,
�;�' /�z� ' •
L DA VID J. LAP, M. D.
DJD/m j c
enc:
Page 13
o""°": � . FRESHWATER �]OLOGICAL
' :chard G Grsy.Sr.,Chahmen (�
,� R�cha�C S Cnldecotl.V�ce•Chanman 11 � RES E A RC N F�U N DAT I Q�T
%+a�FnonC D Diack,Sec�elary �,
Henry Dcerr.Treasurer p�n 2500 Shadywood Road,P.O.Box 90
"���,=
Directors: I� ' Navarre, Minnesota, U.S.A.55392
Sev AndrewS,Jr. (61Z�471-S4O�
Lintl�..� G.Arthur,Jr.
Roger L.Baker 13 November, 1978
Wiliiam M.Baker '
Raymond D.BiaCk
William M.Bracken
Russell D.Bracketl
Earle G.Brooks
Mrs.Herbert Busher
Dr.Richard S Caidecott TO• Mayor Brad Van Nes t
Mrs.BeMon J Case • Orono City Council
Henry Doerr
Kingsley Foster
Gilbert P.Gce�
Richard G Gray.Sr. De3Y �OilI1C11:
James L Hetland.Jr.
Dr.Joseph T.Ling
Charles M.Moos
Earl H.Mosiman On Saturday, November 11, I was invited by Dr. David Dunlap to
GeorgeT_Pennock view a proposed dredging project on Crystal Bay at Bohnts Point.
Dr.Dean K.Rizer Dr. Dunlap proposes to remove about 50 cubic feet of sand using
Robert L Searles the suction dredging technique so as to facilitate access to a
Thomas L Warner
Dr.John M.Wood small lagoon. The entrance to the lagoon has been silted up over
the years as a result of power boats moving sediment towards the
Dr.Joseph P.Rossillon, $OIlIItS Point shoreline.
Executive Directa
The site where Dr. Dunlap proposes to pump the sediment is
adequately contoured so that water losses will occur primarily by
evaporation.
If Dr. Dunlap uses the suction dredging technique, then for such
a small amount of sediment, there will be minimaI disturbance to
the ecosystem. In fact there are certain ecological advantages
to the program suggested by Dr. Dunlap.
(1) Dr. Dunlap will not have to construct a lengthy dock to
provide access to the lake. There are obvious aesthetic
aspects to cutting back on the numbers of docks of this type.
(2) The small lagoon will be accessible to spawning fish, especially
northern pike and crappie. At the present time it is not
accessible.
(3) If the lagoon is not opened to the lake it will slowly develop
into a mosquito breeding area with stagnant water.
Although I recognize that Dr. Dunlap has access to Crystal Bay already
on. his lakefront, in .my opinion his project is a small one which has
aesthetic as well as en�rironmental merit.
Y6 rs sincere�,
,� � ^
,� ���,.
J M. Wood
D rector .
JMW:dlm
A PUBLIC NON-PROFIT FOUNDATION • CONTRIBUTIONS ARE TAX-DEDUCTIBLE
� REGULl1R P�EETING OF THE ORONO COUNCIL, NOVE?iBER 14, 1978 Page 14
Mr. Alan Olson, City Planner, gave a review of sorne CONDITIONAL USE PERMIT
of the former dredging permits. In one particular 1595 Bohns Point Road
case, hardship had not been dernonstrated due to the (Continued)
fact that the hor.ieowner had not lost riparian rights
to the lake, and therefore, had not had approval for
dredging.
Councilmer.iber Massengale stated that Mr. Dunlap does
have riparian rights to the lake and that no hardship
has been demonstrated.
Councilr.ier.lber Paurus explained the LP�4CD's regulations
and position regarding riparian rights for r.laintenance
dredging.
Massengale moved, Butler seconded, to table the
above request and instructed staff to redraft a
proposed resolution clarifying point of controversy
stating facts on policy regarding dredging. Psotion,
Ayes (5) - Nays (0) .
Mr. Alan Olson, City Planner, entered into the record �'�,P„TANCE
the request of James DeSplinter, 1121 Elmwood Avenue, � 121 E���i:�o�d Ave�ue
for renewal of a variance application, dated October 17, #430
1978 , which states: James DeSplinter
P4r. DeSplinter' s original variance application was
pproved by Council on January 10, 1977. His new
�lan shows the house meeting all setback requirements,
but the garage is setback 11' from the road. Staff �
required the unused road access of 20 ' width be
staked by the surveyor. The existing shed on neighbor' s
lot to the north is located 3' within road right of way.
If shed is destroyed, a new shed r.tust be located 35 '
fror� Elmwood Avenue, but this has no effect on DeSplinter' s
application. . .
The applicant will have to submit regrading and drainage
plans for access road to be reviewed by City Engineer.
Lot is sewered and has been assessed one unit charge.
Zoning District LR-1B - Ordinance 34. 450
Lot area required: 43,560 sq, ft.
proposed: 26 ,000 sq. ft.
variance: 17,560 sq. ft. = 40�
Lot caidth required: 140 ft. -
proposed: 100 ft. � i
variance: 40 ft. = 280 �
Front yard setback rec�uired: 35 ft.
proposed: 11 ft.
variance: 24 ft. = 69�
Hardships: P7o adjoining lots available
Topography of lot - severe slope to west
(rear of lot) . (Continued)
REGULAR P�IEETING OF THE ORONO COUNCIL, PJOVEr4BER 14 , Z978 Page 15
. Planning Commission Meeting - October 23, 1978 VARIANCE
. � 1121 Elmwood Avenue
'lanning Commission recommends approval of the (Continued)
✓ariance application for lot area, lot width and
front yard setback of 11' for garage. Hardship
claims are no adjoining lots available and topography
of lot. Pir. DeSplinter must submit regrading and
drainage plans for access road to be reviewed by
City Engineer. Applicant must enter into a Hold
�iarraless Agreement with the City before construction
of road.
Council P�eeting - rdovenber 14, 1978 •
Butler moved, Pesek �seconded, to approve the variance
request of James DeSplinter, 1121 Elr.lwood Avenue, per
Planning Commission recor.unendations of October 23,
1978 , subject to drainage plan and Hold Harr,lless Agree-
ment to the City before a permit is granted, rZotion,
Ayes (5) - Nays (0) .
Mr. Alan Olson, City Planner, entered into the record VARIANCE
the request of Richard Perry, Jr. , 440 Willow Drive, 440 Willow Drive
for a variance and conditional use permit, dated #435
November 1, 1978, which states: Richard Perry, Jr.
-'ariance - Side yard setback (Zoning District RR-1B)
Mr. Perry plans to construct a 22' X 24' garage five
feet fror.i the southern lot line. The hardship -
claims are narrow lot width (82. 5 ' ) and extreme
grade of slope frori middle of lot to the western
lot line.
Conditional use permit - Work Session
The applicant proposes filling shaded area on
diagram with an estimated 200 cubic yards of clean
fill creating a level area for driveway, lawn and
plantings. Hardship claims are extreme slope and
hazardous driveway conditions in winter months.
Staff recommends the applicant furnish an engineering
report noting existing grade and proposed grades
after fill, the effects an wetlands to the west
and drainage area to be reviewed by the City Engineer.
Planning Commission i4eeting - Nover_Zber 13, 1978 -
(Variance request only)
Planning Commission recommended approval of Richard
Perry' s variance application for a five foot side
�ard setback. The applicant stated that it would
e impossible to make the necessary turn for entering
the garage if the building could not be located
closer to the side lot line. (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, P10VEMBER 14, 1978 Page 16
The hardship claiMs were the narrow lot width and VARIANCE
extreMe grade of slope to west of lot. �Planning 440 Willow Drive
Commission requested Council action on the variance (Continued)
application at the November 14, 1978 Meeting
because of the inclement weather.
Council D4eeting - November 14, 1978
Butler moved, Pesek seconded, to anprove the variance
request of Richard Perry, Jr. , 440 Willow Drive,
for construction of the garage only, at this time,
per Planning Commission recorimendations of Nover:iber 13,
1978, i4otion, Ayes (5) - PJays (0) .
P�r. Alan Olson, City Planner, presented the City V�FSi SHOTZ: LAFRy�TTE
Council with a status report concerning the West BAY REPORT
Shore Lafayette Bay dredging project.
24r. Alan Olson, City Planner, presented the City SEL�IER HOOKUP REPORT
Council with a report from Michael Gaffron,
Septic System Inspector, concerning the status
on sewer hookups.
t�ir. Alan Olson, City Planner, entered into the SE[aER CONNECTION
record the following r,►emo concerning a sewer 1399 Park Drive
connection for Joan Bloom, 1399 Park Drive,
dated November 8, 1978, which states:
P4rs. Bloom is requesting reimbursement for the cost
of a pump required to connect her house to the 1970
Saga Hill sewer project. This property is one of
a few which were to require �umps as part of the
overall project design. Orono policy, determined
at the time the project was ordered, has always
been to reimburse the homeowner for the extra cost
of the pumP. These costs have averaged $400 to
$550 over the last three years.
This connection was made in October. The connection
should have been completed by January, 1975,
according to State law and local ordinance. Obviously,
connection years ago would have been at less cost
than now.
A purlp has been installed which is apparently under-
sized to handle the job. The cost for the inplace
1/2 hp. pump (typical of other such installations) '
is $613. 20 including labor. This nay have to be
replaced by a 1 hp. pump which would cost approxir.lately
$1, 000 excluding labor.
(Continued)
REGULAR I-iEETING OF THE ORONO COUNCIL, PiOVEP�3ER 14, 1978 Page 17
The City Attorney advised that there is no legal SEWER CONNECTION
requirement for the City to pay any amount toward 1399 Park Drive
the cost of any pur►p and/or installation. There (Continued)
has, however, been precedent in Orono for the City
to reimburse the owner for the cost of a pump in
situations such as this. These _ previous payments
have been in the range of $450 to $550. This
purip is apparently the largest required to datP.
Paurus moved, P�ayor Van Nest seconded, to approve
reimbursement to i2rs. Bloom, 1399 Park Drive, for
the pump costs up to a r_taximum of $1, 000 which
is the estimated cost of the larger pump. Motion,
Ayes (4) - Nays (1) . Councilmember P4assenc�ale Nay.
Councilmember Butler left the Council Chambers for
five minutes.
Dsr. Alan Olson, City Planner, entered into the ASSESSMENT REVIEW
record the following concerning an assessment 2416 Carr.ian Street
review for Edward Lehr:►an, 2416 Carman Street, Edward Lehman
dated November 6, 1978, which states:
Last fall this property was redivided as the
Lehman Addition and the Council adopted Resolution
#871 reducing the water assessr.lents frorl corunercial
to residential rates. Because of the way assess-
ments are resplit, the reduction on the remaining
assessments is only a portion of the reduction on
the original ariount_ �
Mr. Lehman and I believe the Council expected the
full $1, 371. 70 reduction. P4r. Lehman is now
prepared to pay the assessnents in full. I recommend
adoption of the attached resolution to effect
reduction of the assessments as intended. Of the
$2, 771. 65 due in January, 1978, Mr. Lehman will pay
$1, 399. 95 and the Council would waive $1, 371. 70.
Council Meeting - tlover,iber 14, 1978
Mayor Van Nest moved, P4assengale seconded, to adopt RESOLUTION #956
Resolution #956, A Resolution To Reaffirri A Water Assessments
Assessment Resolution, for Edward Lehman, 2416 Carman 2416 Carman Street
Street. Motion, Ayes (4) - Nays (0) .
Butler moved, Pesek seconded, to reaffirm the REAFFIRM ORDINANCE No. 21
adoption of Ordinance No. 213, An Ordinance Flood Plain r4anagement
Arlending The Flood Plain P�Ianagement Section Of The
Orono P�Iunicipal Code. P�Iotion, Ayes (5) - Nays (0) .
REGULAR MEETIPdG OF THE OROtdO COUNCIL, NOVEP�iBER 14, 1978 Page 18
Mr. George Johnson had requested to appear before STUBBS BAY MARINA
the City Council to present a new plan .for the George Johnson
Stubbs Bay P4arina property at 3445 Bayside Road.
He stated that he would like to ir.lprove the area
and riake an asset out of the marina property. A
storage building 26 ' X 40 ' X 12 ' would be built
and enough parking places for each of the 66 slips.
Eie has no intentions of having a dealership for
large sales but to sell only minor service hoat
supplies.
Discussion was held on the area being in the
floodplain, on rezoning the area, and Lr4CD -
regulations that now state the length of docks
are to be only 100 ' .
Mr. Johnson stated that he only wants the City
Council to indicate if his new plan is feasible.
PZayor Van ilest stated that P4r. Johnson is to make
his decision and that the City Council cannot
offer anything at this tirle but suc�gested a �aork
session be held.
P�ayor Van Nest moved, Pesek seconded, that a joint
Council and Planning Commission special meeting
be held Tuesday, Novenber 21, 1978 at 7: 00 P.PZ.
to discuss the Stubbs Bay Marina area. Motion,
Ayes (5) - Nays (0) .
P�ir. Alan Olson, City Planner, entered into the SUBDIVISION
record the Orono Oaks subdivision dated Novermber 7, Orono Oaks
1978 , which states: #306
Richard Neslund
This application was made on August 23, 1977, as
a 17 lot, two acre proposal. A public hearing was
held on October 3, 1977. The Bonestroo firm was
retained to review the proposal, which review was
heard at the Planning Comnission meeting of
rdover•.lber 21, 1977. Because of various concerns
and conflicts, the plan was then tabled for redesign.
A revised plan for twelve lots was subrlitted to
the Planning Cor.►rtission on June 26, 1978'. A public
information r:leetinc� was held July 24, 1978, after
which the Planning Coni*tission recoru*lended preliminary
approval of the proposal to include platting of the
"exception" lot in the southeast corner. �
On October 26, 1978 , because of ir.ipending frost,
the applicant asked for and received from the Council
special permission to begin two foundations in the
division, subject to code compliance and septic review,
pending imminent submittal of the final plat. To date,
one permit has been issued (Lot 6) ; the other is awaiting
septic testing and construction plans. (Continued)
REGULAR P�iEETING OF THE ORONO COUrICIL, t70VEr�2BER 14, 1978 Page 19
As of tlovember 3, 1978, the applicant has subnitted SUBDIVISION
final plats and legal documents sufficient to Orono Oaks
satisfy the terr.is of preliminary approval. The (Continued)
applicant, Richard Pdeslund, is intending to convey
title to Ralph Carlson Cor.mpanies upon plat approval.
The City Attorney will review all legal documents
for proper endorsement prior to final signature
by the City.
The final plat consists of 13 residential lots,
averaging 2. 4 acres of dry buildable land per lot.
Lots 2, 3, 8 & 9 a�pear to be less than 2. 0 dry �
acres (85o to 98�) but most average over 100 ,000 sq, ft.
in area up to 150,000 sq. ft. The divisions follow
natural topographical boundaries. There is a
private road serving most lots and a private drive-
��ay easement service Lots 9 , 10 & 13. All wetlands
and drainageways are designated and a conservation
easenent is being granted to the City..
The private road enters Orono Orchard Road at a
dangerous location due to the sharp rise and
lirlited sight distances. The subdivider has agreed
to participate in the correction of this probler►
as a condition to allowing his road to be located
where it benefits his property to the r.taxirmur_m.
The hill on Orono Orchard Road will be removed
during construction of the interceptor. The
subdivision will use a temporary road until this
work is completed.
I recommend approval of this final plat according
to the attached resolution.
Council Meeting - Nover.�ber 14, 1978
Discussion was held concerning an agreement that
the road will be reduced by the time the interceptor
is installed and sharing the cost of the road.
Terms are essentially that the City will surface
the road after the contractor does the cutting down.
An additional drainage easement should be added to .
the plat; also, a letter of credit with an established
reasonable price for the repair of the road.
Butler moved, Pesek seconded, to adopt Resolution RESOLUTION #957
#957, A Resolution Approving The Plat Of Orono Oaks. Orono Oaks .
P•4otion, Ayes (5) - Nays (0) .
REGULAR 2�1EETIPIG OI' TIiE ORONO COUNCIL, NOVE2iBER 14, 1978 Page 20
P�Iayor Van Pdest announced a joint Council and JOITdT P��EETIDIG*
Planning Cor,u-�ission meeting set for tlovember 30, Nover.tber 30, 1978
1978 at 7: 30 P.P2. in the Council Chambers.
P�r. Jim Olson, City Engineer, introduced to the CITY ENGINEER
City Council Mr. Glenn Cook of Bonestroo, Rosene, Glenn Cook
Anderlik & Associates , who will be replacinc� him
as Orono' s new City Fngineer.
The attached letter was received frorl the P�IWCC LETTER
Psetropolitan �aaste Control Commission, dated October 17, 1978
October 17, 1978.
Letter - Pages 21-23
The attached letter was received from the P�n7CC LETTER
Metropolitan Waste Control Corunission, datei3 October 24, 1978
October 24, 1978.
Letter - Page 24
f�E7RC.•�OLITR(1 Page 21
1lJAIT�
COflliill�/I10f1 � �l � �I 1�'j ��r
... � �� _ - _ �� .�' � ,� ��
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ClL�G OE O.RONp
October 17, 1978
.
Mr. Walter R. Benson, City Clerk
City of Orono � •
Box 66
Crystal Bay, Minnesota 55323
Dear Mr. Benson:
This is in reference to the attached revised schedule of current
. value credits due your corrmunity for either treatment works and/
or interceptor facilities that were acquired from your City by
the Metropolitan Waste Control Commission.
Please note that the annual credits are the same. However, the
principal amount due your corrmunity is greater due to interest
being reflected as it was originally computed or greater at the
beginning and declining as the principal amount declines.
If you have any question(s), please do not hesitate to contact
this office.
Sincerely yours,
Richard L. Berg -
Comptroller _
RLB:hy
350 fT1ETR0/OUARE BLDG.
7TH 6 ROBERTlTREEU
IRIf1T PRUL R1f155f01
612 222•8423
.V ^
-r' •e-'-_-�i
lAC STATE AUOiTOR pATE 06/28/T8 PAGE 65
' FDP SUPpORT H[TROPOLITAN NASTE CONTROI COMMiS5I0N �
PEX 1776 CURRENT VALUE CREDITS
, , ,
COMMUNIIY �� Y�Al� �ADt) � �. �'" ppiNCipAI� Y PRINCIPAI _INT�REST TOTAL i�R1NCIPA�
HAIANCE �4YMFNT PAYMENT PAYMENT� BA�eNCE
1/1 12/1 .
ORONO 1971 82►613 4�594 —`4�594 —T8�019 �
ORONO 1977 78�019 1r413 3r121 4�59� 76�546 I
(�RQN�1 1973_ Y6,546: . . �1r.532_`_ 3r062 4�594 . 75r014 J
nRONO 1974 75�014 1� 593 3�001 4�594 73r421
QRO'VO 19T5 73r4Z1 1r65T 2�93T 4r594 . T1rT64
. Rp_y0 1976 71,764 11723 2�871 4_�594 T0�041
ORDNO . 1977 • 70�041 1r792 2�802 4�594 , 68r249
OpONO 197A ' . ' b9�249 • 1�864 2�730 , 4+594 � 66�385
QBCIHD 1979 , ' .. '. _ 66,385 ; 1�939 ��2i655 4.595 64�446
ORONO 1980 64�446 2r016 2r5T8 4�594 _ 62r430
Opf1N0 1981 62r430 2,09T 2,497 4r594 60,333
_RONQ 19A7 60.333 2, 181 2.L413 4�594 56,152
ORONO 1q83 , , 58i152 2�Zh9 2�326 4�594 .55r894
OR(lN0 1984 ' �Sr8�4 2r3S9 2�235 4�594 .:� 53r52�
ORR�Q_- 19H5 ,. _; , . 53�5 _. . .. 2�453 _2�14.1 4_�594 _ . .. _ 51�0T2��
OR(lN0 1986 51r072 2r551 2r043 4r594 48r521
ORONO 1997 48�521 2r 653 1►941 4�594 45re69
RQNQ__ 198t3 , 45�86.Q 2�759 _lf 835 4_t594 43J_109
f1RON0 1989 , �• 431109 2�8T0 1r724 4�594 40�239 �
C1RON0 ' . 1990 • , .� ; ,. ' 4b►239 ` 2�484 ' 1r610 4�594 3T�25S p
BONp . ' .. � 1991 '. �.. ' . ".', '_ ' 37�2�5 _ 3�_104 . 1rti90 4�594 _'_. . 34r151 �
QRONO 1997. 34� 151 3�7.28 1� 366 4�594 30r923 ?
ORONO 1993 30�9?.3 3�357 1�237 4�594 27'r566 �
QBQNO 1994 2Tr5�6 3�4� • 1_L103 4�594 24�075 p
ORONO 1495 - - 24�0T5 3r631 963 4�594 20�444 �
QRDNO 1996 ' •e �2b►444 3� 716 819 4�594 1br669�
OB�NO�. 199i' . P.. �: . ,� � 16l66Q 3L927 ____667; 4t594 12�7.41
ORC1N0 1998 12�741 4.OB4 510 4�59ti 8r657
ORONO 1999 A,657 4�248 346 4�594 4�409 •
R[1No 29on 4.409 4.409 , 185 4 �i �
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COMMUNITY lOTAI 92r613 55�207 137�920
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f1lETROPOLITAfI Page 24
UJAIT�E D rr (� � 0 C
COf1TP.41 L � �� � �C
commir�ion D
i.. _ .�H l-•J
� OCT 25 1978
October 24, 1978 '
CITY OF ORONO
Mr. Brad Van Nest
Mayor .
Ci ty of Orono
P. 0. Box 66
Crystal Bay, Minnesota 55323 '
Dear Mr. Van Nest:
This letter is in reply to your letter. of August 21 , 1978, regarding
the Orono Comprehensive Sewer Plan.
It is indicated ir� your letter that the Cities of Orono, Long Lake
and Medina are presently working out an agreement(s) for providing
intercommunity sanitary sewer service and that a copy of the agreement(s)
and associated engineering reports will be submitted to the Commission
when completed. Since the Orono--Long Lake Interceptor is to be constructed
within the next year and because the City of Medina is proposing to
provide sanitary sewer service to the Medlna-Morningside Subdivision
within the next year, the Corr�ission feels that these �oint agreements
and engineering reports are a necessary part of your interim cor�prehensive
sewer plan and thus will withhold our review of your plan until these
items are avai7able.
. �
The Corrmission would like to commend your City for Tts part in an
attempt to arrive at a �air and equTtable method of pt°oviding for
�ntercorrgnunity sewer service and encourage5 your f�rther particapation
in this matter. �
Sincerely,
Ri hard J. ougherty
Chief Admin�strator
RJD:DSB:mas
cc: John Boland, Metropolitan Council
i50 fT1ETR0/OURRE BLDG. '
7TH 6 ROBERTITRE£U
/RIf1T PRUL R1f155101
612 222•8423
,,.
��.
_-.. ,«��� .. .
REGULAR MEETING OF THE OROr10 COUPICIL, NOVEP4BER 14, 1978 Page 25
The attached letter dated November 14, 1978 POLICE SERVICE CONTRACZ
concerning the police service contract with Long Long Lake Letter
Lake was discussed.
Letter - Page 26 .
Page 26
. • • � Telephone 473-7357
� � -
.��. . T
..�� : - CITY of OR�l� O
� Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices
��
�_��:_ � On the North Shore of Lake Minnetonka
� �:.`,- _
T•�CC� P" J�,.:.�
November 14, 1978 .
Mrs. Debbie Stinson
City Clerk -
Long Lake, Mn. 55356
Dear Mrs. Stinson:
On September 14, 1978 you were sent the 1979 contract for law
enforcement for reviewal and approval by your Council before
Octoher ]., 1978.
On September 19, 1978 you were sent a letter which stipulated
that the existing contract would be terminated as of January 1, 1979.
On October 3, 1978 Orono' s Mayor Van Nest, C'hief Kilbo, and
Finance Director Kuehn met wit�h Long Lake' s Mayor Farnand and City
Attorney Vande Vegte to discuss the 1979 contract for law enforcement.
Since that meeting the City of Orono has had no official response
. from the City of Long Lake regarding the 1979 contract for law
- enforcement.
If the City of Long _Lake intends to contract with the City of
Orono for law enforcement during calandar year 1979 we must have a
signed contract in our office no later than 4;30 P.M. December 7,
1978 in order for it to be presented to our Council for acceptance.
The City of Orono is happy to continue to provide the police service
to the City of Long Lake but we must recover the costs involved in
providing this service.
If Long Lake intends to pursue an alternative method of law en-
forcement for 1979 then we must have time to adjust our budget
accordingly.
Sincerely, �
������i
W_g. enson
Cit Administrator
wB/pl
REGULAR P'iEE"'IrdG OF THE ORONO COUNCII,, PdOVEMBER 14 , 1978 Page 27
Proposed rules and standards concerning the 911 Er7ERGENCY NUMBER
911 emergency telephone service was presented
to the City Council.
Butler moved, Pesek seconded, to adopt Resolution RESOLUTION #958*
�958 , A Resolution Concerning The Impounding Of M.A.P.S. I.
Dogs At Di.A.P.S.I. P��otion, Ayes (5) - Nays (0) .
The riutual aid resolution was tabled until the i�UTUAL AID
neeting of tdovember 28, 1978 for more inforr,iation.
A memo from John Gerhardson, Public Works PETITION
Coordinator, concerning a petition for silent U7oodhill Avenue
policemen on Woodhill Avenue was presented to
the City Council, dated November 8, 1978, which
states : -
On October 25, 1978 , the City of Orono r_eceived a
petition from residents on Woodhill Avenue and
the surrounding area requesting the installation
of "silent policemen" on Woodhill Avenue.
Since July of 1978, there has been several dis-
cussions with the residents of �aoodhill Avenue and
the S�oodhill Country Club about that street.
It seems that because of traffic congestion on
County Road 15 at the entrance to Woodhill Country �
Club, the country club chose to open the rear
entrance to the club from Woodhill Avenue.
This has increased the amount of traffic on Woodhill
Avenue and the residents feel that the country club
had no legal right to use that street as an alternate
entrance.
I have received correspondence fror_t one of the Wood-
hill Avenue resident' s attorney and also from the
[aoodhill Country Club. I have attached that
correspondence for your reviewal.
The Public �9orks Department is in the process of
conducting traffic counts now to determine the •
ariount of traffic on that road.
Council Meeting - tdovember 14, 197.8
i�:rs. �.auruce ;•7a��ener, 123�J i�7�odhili_ '�vPn�;e,. and
�ier attorney-, P�t�, i:oss Thorfinnson were present.
After discussion, it was decided that P�Ir. Thorfinnson,
P�Ir. Charles Bellows, Woodhill Country Club, and r4ayor
Van Nest have a meeting to determine the best approach
to solving the situation.
REGULAR MEETIIJG OF THE ORONO COUNCIL, tJOVEriB�R 14, 1978 Page 28
Butler r.loved, Pesek seconded, to accept the TRAFFIC, STUDY REPORT*
traffic study report for speed lirnits on Shadywood #19 to Narrows Bridge
Road from �ounty�-Road 15 to the Narrows bridge
to remain at 40 r1ph. P�totion, Ayes (5) - Pdays (0) .
The request for a sewer and water billing change CALVARY MEMORIAL CHURC]
of Calvary Merlorial Church �vas tabled for more
information.
Mr. Tom Kuehn, Finance Director, presented to the REFUND
City Council a request for a refund of an overpaid Mound School District
water bill for the riound School District, dated
iloveriber 7, 1978, which states :
The second quarter water and sewer utility bill for
the t�ound School District #277, (Elizabeth Gardner
�ler,lentary School) , had an incorrect rieter reading
which increased the water bill $870. 20. A corrected
bill was sent but the original incorrect bill was
paid resulting in an overpayment. Since that time,
the school district has sold .the building so the
resulting credit cannot be used ,by the school
district in the third quarter.
Therefore, it is requested that Council approve a
refund of the ariount of the overpaid water bill
($870. 20) to the Mound School District #277.
Council Pieeting - Noveriber 14 , 1978 �
2�iayor Van Nest moved, Massengale seconded, to refund
$870. 20 to the P2ound School District #277 for an
overpayment of a water bill. Motion, Ayes (5) - Nays (0.
P4assengale moved, Butler seconded, to approve the MHFA YEAR III CONTR.ACT
Cooperative Rehabilitation Grant Program Contract
with Pdunicipality. Motion, Ayes (5) - Nays (0) .
i10 action was taken concerning the option to drop BLOCK GRANT PROGFtAM
the Block Grant Program.
P•4r. John Gerhardson, Public Works Coordinator, CDBG PROGRAM
presented the City Council a rec�uest to appoint a
Eitizen of Orono to participate in the Communitv
Development Block Grant Program. �
The City Council decided that Dick Benson, City
Administrator, recommend a citizen to participate
in the Community Development Block Grant Program.
REGULAR MEETING OF THE ORONO COUNCIL, P10VE24BER 14, 1978 Page 29
Butler moved, Pesek seconded, to accept the SUP�MARY RECEIPTS, etc. *
Summary of Receipts, Disbursements & Balances for August 1978
August, 1978. Motion, Ayes (5) - Nays (0) .
Butler moved, Pesek seconded, to accePt the SUMP�IARY RECEIPTS, etc. *
Summary of Receipts, Disbursements, & Balances August 31, 1978
for the year ending August 31, 1978. Motion,
Ayes (5) - Nays (0) .
Butler moved, Pesek seconded, to accept the INVESTMENTS REPORT*
Investnents report as of September 30, 1978. Se�terlber 30, 1978
Motion, Ayes (5) - Nays (0) .
Butler moved, r4ayor Van Nest seconded, to adopt �SOLUTION #959
Resolution #959, A Resolution io Authorize And Escrow Fund
Establish The Developers Escrow Fund. *�otion,
Ayes (5) - Nays (0) . �
Butler moved, Pesek seconded, to accept the RESIGrdATION *
resignation of Carrol Ryerson, part-time Build- Carrol Ryerson
ing & Zoning Secretary and Election Clerk.
Motion, Ayes (5) - Nays (0) .
Butler moved, Pesek seconded, to omit the OMIT DECEMBER MEETING*
second Council meeting in Decer*iber. Decer.lber 12, Decer:iber 26 , 1978
1978 to be the only meeting of the month. -
r'Iotion, Ayes (5) - Nays (0) .
Mr. Alan Olson, City Planner, entered into the NOTICE OF CLAIM
record the following notice of claim, Glenn 1015 Linden Lane
Upton, 1015 Linden Lane, dated October 16, 1978, Glenn Upton
which states:
The attached notice is a request for refund of a
$1,000 park dedication fee paid with Building
Permit No. 3721 on P�arch 13, 1978. The house has
� been conpleted and was issued a Certificate of
Occupancy on July 24, 1978. This notice is the
first word we have had concerning the question
of a refund.
The permit was issued pursuant to receipt of a �
variance for lot area and lot width (Case 301)
issued on Septer.iber 26, 1977. There was a prior
house on the site which burned several years
previously. There is no record of anv park fee
being paid except with this buildinc� permit. (Continued)
RT'GULAR �Z�ETING OF THE OROrIO COiJNCIL, 210VEMBER 14, 1978 Page 30
The staff has been charc�ing park fees based upon NOTICE OF CLAIM
the authority of Ordinance No. 184. Park fees 1015 Linden Lane
have been charged at the time of final subdivision (Continued)
approval or, on previously platted lots , at the
tine of a building permit.
I think there are two areas for policy decisions
and/or possible ordinance revisions:
l. The practice of charging fees with subdivision
on the lot or lots which have existing dwellings.
I suggest charging fees only on the new building
sites.
2. The practice of charging fees with huilding
permits on previously platted lots. I suggest
that� if any fee is charged, it be the Minimum
fee ($250) or even a separately established
ninimum fee (naybe $100) . Either would be some
contribution but would not be out of line with
the remaining part of the perr.lit fee.
3. A separate issue is establishing some type of
fee for comr•_tercial or industrial development.
Council Meeting - I•dovember 14, 1978
?4ayor Van Pdest moved, Paurus seconded, to draft a PARK DEDICATION FEES
proposed amended ordinance for park dedication fees
to include:
1. Fees only on new building sites in subdivisions.
2. Charge fees with building permits on previously
platted lots; flat fee of $250.
3. Increase percentage fee on two-acre lots from
2-1/2o to 100 .
4. Investigate a separate issue establishing some
type of fee for corimercial or industrial develop-
ment.
ilotion, Ayes (5) - Nays (0) .
Mr. Alan Olson, City Planner, informed the City DUCK POND DREDGING
Council the conditions for the duck pond dredc�ing Orono School District
permit for the Orono School District #278 stating
that the school board is reluctant to sign the
flowage and conservation easement.
Paurus moved, Butler seconded, to confirm the flowage
and conservation easement as a requirer.ient of the
perr:iit and that the school contractor rlust consult
with the City Engineer concerning construction r►ethods
.�nd spoils disposal prior to start of the work. Motion,
Ayes (5) - Nays (0) .
REGULAR MEETING OF TIiE ORONO COUi1CIL, NOVE22BER 14 , 1978 Page 31
Paurus rloved, Butler seconded, to appoint Council- APPOINTtSENT
r►eriber Pesek as liaison between the ��1est Iiennepin �^7HHSPB - PAUL PESEK
Human Services Planning Board and the City Council.
Motion, Ayes (4) - Nays (0) .
Butler moved, Pesek seconded, that the followinc� LICENSES*
licenses be approved: 2�iotion, Ayes (5) - P1ays (0) .
June Plumbing & Heating - Plur.tber & Sewer Hookup
Donald P4endelson - 340 Willow Drive Pdorth - Septic �
System Installation - One installation - license
covers only permit & install septic syster.► in
his home
King�dor.i Hall of Jehovah' s �Jitnesses - Trailer Parking -
Noveriber 13-20, 1978
Butler moved, Pesek seconded, that the All Funds BILLS*
Accounts 2942 through 3008, 11728 through 11734,
7090 through 7143, 10674 through 10677 and Liquor
Store Accounts 12786 through 12807, be paid.
Motion, Ayes (5) - Nays (0) .
Paurus moved, Butler seconded, that the meeting ADJOURNrZENT
be adjourned at 12 : 20 A. Pd. Motion, Ayes (5) -
iJays (0) . � �
,
;
i
-
; �
�
William B. Van Nest, Mayor
Attest. ` �.�r ;�c.�-'��� .��'--�'?-�� �C_i���� �_.�f,r%��/
Walter R. Benson, Clerk-A ini trator v