HomeMy WebLinkAbout01-23-1979 Council Minutes � CIiY OF OP.O1J0
Regular P4eeting of the Orono Council, 7: 00 P.24.
January 23, 1979
The Orono Council r_iet on the above date with t�e
follo�aing r�er.ibers present: 2layor Van idest, Council-
ner:lbers PSassengale and Pesek. Councilmer.iber Butler
arrived at 7: 15 P.ri. Absent: Councilmertber Paurus.
Also present: City Administrator Benson, City
Planner Olson, City Attorney P4alkerson, Cit�� Enqineer
Cook, and Deputy Clerk Strom.
P�ayor Van i7est announced that now was the time and PUBLIC HEARING
place for a public hearing concerning the revision Ordinance Revision:
of several ordinances. � City Administrator Benson
presented the Public Hearing P7otice and the Affidavit
of Publication. Playor Van P7est inquired if anybodv
was present concerning the ordinance revisions.
Mr. Lee Tomlinson, Park Commission Chairman, was
present to discuss the park dedication �ee ordinance.
Discussion was held concerninq methods of determining
park dedication fees. ^he proposed ordinance was
tabled until the next Council rneeting.
After all persons present were afforded an opportunity
to be heard, 14ayor Van riest closed the public hearinq
at 7: 30 P.t4. .
Butler r.ioved, Pesek seconded, to adopt Ordinance ORDIrI_�,I10E NO. 215
No. 215, An Ordinance Regarding '^he City Fee Schedule Fee Schedule
By Adding Section 1. 095. iiotion, Ayes (4) - Nays (0) .
i4assengale moved, Butle� seconded, to adopt Resolution RESOLUTION #982
�9f32 , The City Of Orono Fee Schedule For 1979, ar_Zended City Fee Schedul�
to exclude the park dedication fee schedule. P4otion,
Ayes (4) - Nays (0) .
I•iassengale moved, Butler seconded, to adopt Ordinance ORDINANCE rJo. 216
P1o. 216 , An Ordinance Adopting The i�innesota Building 1978 State Buildin
Code; Providinq For Its Administration And Enforcement; Code
Regulating The Erection, Construction, �nlargerlent,
Alteration, Repair, iloving, Removal, Der.iolition,
Conversion, Occupancy, Equiprient, Use, Heiqht, Area
And Plaintenance Of All Buildings 1�-id/Or Structures In
The City Of Orono; Providing For The Issuance Of Perrtits
And Collection Of P'ees Therefore; Providing Penalties
For Violation Thereof; Repealing Ordinance� 195 And
Chapter 21 Of The Orono i-sunicipal Code, �nd Ar►ending
Chapter 20 Of The Orono 2Zunicipal Code. tiotion, Ayes (4) -
Nays (0) . �
REGULAR IiEETIIiG OF iFiE ORO2I0 COU2�ICIL, J�1iIUARY 23, 1979 Page 2
Butler rioved, Piassenc�ale seconded, to adopt ORDINAPICE "�O. 217
Ordinance No. 217, An Ordinance �ending Plumber' s License
,. Chapter 25 and Chapter 25A Of �he P4unicipal
Code Of Orono Relating To The Licensing Of
Plumbers. P'iotion, Ayes (4) - Nays (0) .
IZassengale moved, Butler seconded, to adopt ORDINANCE NO. 218
Ordinance P1o. 218, An Ordinance Ar.tending Ordinance On-Site Sewage
t7o. 210, The On-Site Sewage Treatr.�ent Code Relat- Code
ing To Certain Adninistrative Procedures And .
Construction Standards. P2otion, Ayes (4) - P1ays (0) .
Butler moved, Pesek seconded, to ado�t Resolution :�ESOLU�ION #983
��983, A Resolution Ariending Certain Sections Of On-Site Sewage
Resolution ;�894, mhe City Of Orono On-Site Se�vage P�anual
Treatrnent Syster.l Design Planual. �'Iotion, Ayes (4) -
Navs (0) . .
Plrs. Lucienne Taylor, 3075 Farview Lane, was LUCIENNE TAYLOR
introduced to the City Council concerning her Planning Commission
request for a position on the Planning Coru:lission. Applicant
tiayor Van Nest suggested to *4rs. �aylor that she
read the Cor�prehensive Plan and attend a Planning
. Corunission r.leeting.
Butler moved, 2�assengale seconded, to approve the CONSENT AGEPIDA*
Consent Agenda* with all staff data and supportive
infoz-r.iation to be included in the i�inutes in the
sequence they occur. P�otion, Ayes (4) - P7ays (0) .
Butler rnoved, I�iassengale seconded, to approve the rsIPTUTES *
isinutes of the Regular r4eeting of January 9, 1979.
IZotion, Ayes (4) - Nays (0) .
Park Commission Chairman Lee Torllinson stated PAp.K COr�?ZISSI0:1
that the Park Cor.unission recor:u-nended to the City CO?1I7LNTS
Council that Diann Goetten, 1385 �'ox Street, was
their choice to serve on the Park Corunission. Iie
stated that he would introduce her to the Cit��
Council at the neYt Council rleeting.
No Cor.unents fror:t the Lake 2-4innetonka Conservation � LPiCD REPORT
District representative.
2do cor.unents fror� the Planning Cor.unission. P�rlr�zrl� COMMISSION
,
REGULAR P�iEETING OF THE OROi10 COiJtICIL, JAi1UARY 23, 1979 Page 3
P4r. Alan Olson, City_ Planner, presented the City SUBDIVISIOi7 -
Council with a letter from l�ir. Tom Crosbv, attorney 1600 Shoreline �r:.��
�'; for P. Gerald I4ills, 1600 Shoreline Drive, stating #431
that he has no objections to the resolution to be P. Gerald P-sills
considered at tonight' s meeting that set forth the
conditions that were brought out at the last Council
meeting . for Dsr. r4ill' s request for a subdivision.
Butler moved, 2•iassengale seconded, to adopt Resolution RESOLUTION #984
#984, A Resolution Approving The Preliminary Plat . 1600 Shoreline Dri�,
Of P. Gerald Lsills, 1600 Shoreline Drive. P�otion,
Ayes (4) - Nays (0) .
i�sr. Paul Clabo was present to discuss his letter VI�RIANCE
that he had presented to the City Council at the 1388 Park Drive
last Council r,ieeting. Mr. Clabo had requested �438
the City Council to reconsider and not deny his Paul Clabo
request for a variance but to approve his lot as
buildable.
Psr. Bruce Malkerson, City Attorney, stated that
i�ir. Clabo had telephoned him and stinulated that '
he would not reguest any other variances for his
lot at 1388 Park Drive if the lot were declared
buildable by the City Council.
, PZr. I�salkerson also stated that no other variances
` should be stipulated in the chain of title to '
prevent any other owner from requesting a variance.
Pesek moved, Massengale seconded, not to reconsider
the previous motion for denial. Piotion, Ayes (2) -
I7ays (2) . P�ayor Van Nest & Councilmer,tber Butler Nay.
Niassengale moved, Butler seconded, to table the
request of P�Ir. Paul Clabo, 1388 Park Drive, until
the next Council r.leeting. P4otion, Ayes �(3) - Nays (1) .
Councilmember Pesek Nay.
i�ir. Alan Olson, City Planner, entered into the SUBDIVISIOrI
record the request for a subdivision of Donald J. 2300 Longview Circl
Scott, 2300 Longview Circle, dated rlovember 20 , 1978, #442
which states: � Donald J. Scott
Sketch Plan Review - Mr. Scott, the developer of
the Longview plat, proposes subdivic�ing a four
acre lot (Lot 2 , Block 1, Longview) into two lots.
Both lots meet the zoning requirements for the RR-1B
District. I have checY.ed the files on the original
Lonyview plat (#�270) and find Mr. Scott has fulfilled
all items sited in the final resolution. There was
-' nothing in the records that would prohibit the platting ,
� of Lot 2, Block 1.
(Continued)
REGULAR MEETI2IG OF THE ORONO COiJNCIL, JAIJUARY 23, 1979 Page 4
Please review the septic inspector' s coru�ents $UBDIVISION
regarding the septic reports suhrmitted with the 2300 Longview Circl
application. Staff would appreciate a recom- (Continued)
� mendation concerning tliis matter.
Planning Commission 14eeting - Noveinber 27, 1978
Staff reviewed with P4r. �Scott the need for additional
soil borings (two additional borings for each lot)
to meet septic ordinance requirements. Planning
Comrlission gave conceptual approval to the subdivision
subject to applicant submitting additional septic
information from contractor. Public information
nleeting scheduled for January 8, 1979.
Planning Comrlission Meet�ng - January 8, 1979
Planning Commission r.loved to recommend the preliminary
approval of the subc�ivision of Donald J. Scott. The
applicant has coraplied with the specific requests set
forth by the staff and the Planning Commission. The
Planning Conmission requests special consideration
in the determination of a park fee for ttiis plat
since a $250 fee was paid against subject property
(Lot 2, Block 1) in original Longview plat.
Council 22eeting - January 23, 1979 �
Butler rmoved, Psayor Van tlest seconded, to approve '
the preliminary subidivion for ponald Scott, 2300
Longview Circle, subject to replatting, park dedication
fees for one new site, and continuance of road, utilities
and drainage easerlents. i4otion, Ayes (4) - tdays (0) .
Pir. Alan Olson, City Planner, informed the City Council VARIANCE
that t4r. Patrick Baxter, 4120 Oak Street, has submitted 4120 Oak Street
a new survey showing a revised house location r.leeting #445
all setback requirmerits except for a 9 ' (25%) variance Patrick Baxter
for setback to undeveloped Clyde Street. The setback
does exceed the 10 ' required side yard setback. I
recor.unend approval of his house location as beinc�
appropriate for this site and as being respectful
of the drainage patterns in the area.
Butler moved, Massengale seconded, to a�prove the
location of the house and variance for Patrick
Baxter, 4120 Oak Street. Motion, Ayes (4) - Nays (0) . .
REGULAR rSEETIiIG OF THE OROPIO COUIICIL, JANUARY 23, 1979 Page 5
r'ir. Alan Olson, City Planner, presented the City S^UBBS BAY MARINA
Council with a report concerning the Stubbs Bay REPORT
� Piarina, dated January 18, 197�, which states :
At the January 9, 1979 meeting, the Council directed
staff to expand on the various options available.
Following Council' s consensus that sor.le change is
called for, I will follow Councilmember Pesek' s
list and group the options as follows:
I. Unlikely Alternatives
1. Allow full B-2 l4arina Use.
Indicated Action - Process 1979 license
application from George Johnson. This
will require: .
A. Conditional use application and review _
for development in the flood hazard area
including fill, building construction and
seawall construction.
B. Building permit application and review
for �arina structure and docks.
C. Early review and approval of dock
structure layout for installation before
= ice-out. �
A proposal has been subr.►itted which appears
to extend beyond the 200 ft. limit and which
' obviously extends beyond the 100 ft. lir.lit
for new structures.
2. Al1ow r.marina use under B-2 but limited by
covenants.
Indicated Action - Sarme as (1) above, except
request applicant to supply suggested covenants.
4. Rezone to other comr.mercial use. See II below.
6 . Cut back to 100 ft. dock. Same as (1) above.
7. Orono City purchase ror park, marina or resale.
Indicated Action - Authorize staff to begin
imr�ediate negotiation with all parties. .
Simultaneously direct staff to study property
for best use. Hold license application in
abeyance. This option r.iay also require action
for a moratoriur.i as in II below. .
;, (Continued)
REGULAR MEETIPIG OF THE ORONO COUNCIL, JAIUARY 23, 1979 Page 6
II. Likely Alternatives STUBBS B�,Y. P�RIPIA
(Continued)
` 3. Rezone to Restrictive P�arina (or alternately
amend B-2 provisions)
5. Rezone to Residential
Indicated Action - In both of the above
cases, the Council must imrmediately enact
a moratorium ordinance. The next step is to
develop exact standards for use of the
property considering all physical limitations
on the property. Pdew zoning provisions riust
be drafted and enacted. Finally, a rezoning
ordinance would be adopted and the r.loratorium
rerioved. If the choice is a lir.iited rlarina,
or if the Council wishes to continue dock � .
rental (as a non-conforriing use - a�ter
finding that such use is in existence as a
legal use) , then there should be provision
for early review and approval of a (possibly
limited) dock structure layout for installation
before ice-out.
If the expected use is residential only, or
if the extent of dock limitation is not
readily negotiated, then no c�ock reconstruction
. . should be perrlitted. In this case, the Council
- must decide to enforce non-use of the existing �
hazardous docks.
III. Staff Recomr_iendations
As City Planner, I strongly concur with Gunnar
Isberg' s recomr�endation for study of the Stubbs
Bay area during the Comprehensive Plan review.
Please reread ny January 5, 1979 memo. There
has been ample docur_Zentation of new infoz-r.iation
pertaining to this area. There has been ar.iple
justification for reconsidering the land use of
the area. ^_'here has been ample evidence that
the Council has been unable to reach an ir.iriediate
decision. Therefore, I recor,tr:iend adoption of
the attached ordinance calling for a general
raoratoriur.i. The Council r.lust also direct staff
regarding the issue of dock use this sur.uRer.
Council Meeting - January 23, 1979 ,
DIr. George Johnson, Pirs . Keiran, ana Lou Oberhauser
were present.
Discussion for uses for the Stubbs Bay area included
approving a limited r.iarina, rezoning to lakeshore
� residential, and a City park. (Continued)
It�GULAR PiEETING OF �FiE ORONO COUPJCIL, JAPdUARY 23 , 19 79 Page 7
Probleris were also discussed covering traffic, . STUBBS BAY PiARINA
no sewers in the area, and the flood plain. (Continued)
I'ir. George Johnson restated his request for a
liriited marina saying that he has r�ade application
to include 66 rental slips and 12 dry-land slips.
Councilmermber Pesek corunented that lir.►ited marina
uses in this area seems to be more suitable than a
residential use. $20, 000 hories in the area would
not appear to be condu�ive to a $300, 000 residential
home. •
P�ayor Van Nest: We are still waiting for sufficient
data to make a decision.
Councilrtei*iber isassengale: We do not �aant to close
the door to options for other uses of the property.
Councilmember Pesek: How do we establish standards?
Councilnember l+lassengale: We have not exhausted all
resources available.
George Johnson: If moratorium would not preclude
limited rlarina uses, r.1y a�plication is be�ore vou
with exhibits and surveys. I would appreciate+
action this evening. T1M2 is runninc� out. t1y
proposal is for a lirlited r.iarina use. t9e want to •
reverse the expanded uses now prevelant with other
marinas. I propose a low profile narina use. We
do not need another e�cpanded narina. Tt is also not
econortically sound to rebuild docY.s for one seasons
rental.
Councilr_Zember Pesek: �4e need reasonable tir.ie to
receive and review data fror.i staff.
Piayor Van ilest: We need to know the notential for
a residence on-site disposal sl�ster.i, Property values ,
residenti.al zoning variances rec�uired and what would
be allowed.
Louis B. Oberhauser: r•sr. P�cCleary is concerned �•�ith
a possible rioratoriurl. Studies had been previously
initiated to deterriine that the property is. Lakeshore
Cor.unercial. We have a buyer ready and willing to
buy now and we have a designated area to allow a
marina. This lot is flat and does not lend itself
to construction of a residence and would create a
substandard lot. I think t�4r. Johnson' s proposal �
is a reasonable one. PZr. I4cCleary needs action now.
Councilr.ler�lber tiassengale: Could �•�e initiate morator_ium .
noca?
(Continued)
REGULAR P�iEETIPIG OF THE ORONO COUNCIL, JANUARY 23, 1979 Page 8
Bruce Pialkerson: Yes you can. It should be under- STUBBS BAY t�iARINA
stood that appraisals and other data would be beneficial. (Continued)
. Mayor Van Nest: Mr. Oberhauser had previoulsy stated
a marina can create revenues by selling boats and
not ever use the lake. ti9e have no right to c�ive
vested rights to the lake to anyone.
George Johnson: The City Council has authority to
license and is not giving away anything such as
vested rights. . �
Mayor Van Nest: The Stubbs Bay lake is not acceptable
for marina uses.
A rnoratoriuri for 60 days was discussed to provide
tinle for Gunnar Isberg, Orono Planning Consultant, .
to review another plan for the area. . �
Pesek moved, Butler seconded, not to preclude any
other considerations for the Stubbs Bay area but
to allow a limited r�arina while allowing a six-week
moratoriur.i to review and define liriitations.
P4otion, Ayes (2) - P7ays (2) . 24ayor Van Nest and
Councilmeriber Massengale Nay.
Discussion followed regarding placing a moratoriui*i
> on the area. ,
Idassengale rloved, Butler seconded, to request staff
to prepare a status report for the February 13, 1979
Council rneeting to include all concepts for land
uses in' this area and to call a public hearing for
February 27, 1979 at 7: 00 P.Pi. :Sotion, Ayes (4) -
Nays (0) . _
Massengale moved, Butler seconded, to adopt O�tDIIIAP7CE NO. 219
Ordinance No. 219 , An Ordinance Establishing A i�oratorium
Moratorium on the Granting Of Building Permits, Stubbs Bay Marina
Land Subdivisions , Rezoning Applications, Conditional Area
Or Special Use Pernits, Variances, Or Other Authority
For Additional Development In The Stubbs Aay Area
As Described Herein. P2otion, Ayes (4) - L7ays (0) .
R�GULAR I4E�iIiIG OF �FiE ORONO COUtICIL, JP,PIUAP.Y 23, 1979 Page 9
`` Pir. Richard Primus appeared before the City SI;I TONKA LICENSE
Council and stated that he was withdrawing his 1979
application to operate Ski Tonka and introduced
PZr. Robert Favorite as the future owner of
Ski ionka. �
Mr. Robert Favorite has an option to purchase
Ski ionka and will be operating it this year
under this option. Pir. Favorite stated that
he would like to include tubing and also have
amusement devices in the chalet.
A short discussion followed which included
tubing and the operation of the ski tows.
Operators must be present during operation �
of the ski tows and platforms constructed so
that the tows are visible at all times during
use with turn-off controls.
Piayor Van Nest r.loved, Butler seconded, to approve
the 1979 license for SYi Tonka identical to the
1978 license conditions; no ar.iuser_ient devices nor
tubing until approval of the required applications;
at least one operator must be present at all tines
on tow� 2, 3, 4, 5 , & 6; the baby tow riust have an
� operator; tows 7-, 8, 9 , & 10 must meet the approval
y of the inspector and fiave one operator present on
each tow; no license for' 1980 unless adequate visual
provisions are made to see tows at all tir.les and to
be ec�uiped with turn-o�f controls; documentation
must be verified by the City Attorney. I4otion,
Ayes (4) - Nays (0) .
2�assengale moved, Pesek seconded, to approve the CIGARETTE LICENSE
cigarette license for Ski Tonka. P4otion, Ayes (4) - Ski Tonka
idays (0) .
I4r. Alan Olson, City Planner, stated that Jin DNR �•7akefield-Conr�
Illoer_iendahl, DNR, presented plans for Council review Rest Area*
at the December 18, 1978 neeting and notices were
mailed to adjacent property owners for that rieeting.
No persons responded to those notices either at the .
rleeting or by phone. The Council revieweci the proZ�osal
and conceptually approved same, directing staff to
prepare a resolution of approval for the January 23 ,
1979 meeting.
Butler moved, 2�assengale seconded, to adont Resolution �2rSOLU"'IOrd ;�985 '*
�935, A Resolution Approving Plans I'or ^he Z�akefield- :�7aY.efield-Conry R�-
Conry Rest Area. Motion, Ayes (4) - Na��s (0) . Area
REGULAR I�ETING OF �HE ORONO COUI7CIL, JAIIUA.'2Y 23, 1979 Page Ip
Mr. IIruce tialkerson, City Attornev, inforr�ed the PIAVARRE DRIVE-IN
City Council that :�Ir. Randy Bl.ohm, attornev for ^HEATRE LICENSE
the idavarre Drive-In Theatre; telephoned hirn
re�uesting that the tdavarre Drive-In `^heatre 1979
license a�plication be tabled indefi.nitely.
t4r. Alan Olson, City Planner, informed the CitV �LEASE TAX FORFEIT
Council that Psr. Neil Hamriond, 550 Park Lane, �r1D �
requests the release of tax forfeit property of an
adjoining lot, Lot 16, Block 7, i4innetonka Sumnit
Park. The lot is approximately 7, 000 sq. ft. in
area. It was assessed for secaer front footage only,
no unit or area. .
The property reviewed in 1977 for tax forfeiture
and was not retained then. Although not clearly
done, the parcel was released for sale by omission
fror.t Resolution ##846. I recommend adoption of the
attached resolution to permit Hennepin County to
release the land for sale at this tirte.
Butler rnoved, Psassengale seconded, to adopt _TtESOLUTION #986
Resolution #986, Tax Forfeit Lands Release For Tax Forfeit Land
Sale. Motion, Ayes (4) - Nays (0) .
Butler moved, Psassengale seconded, to apnrove a JOIZIT P�IE�TIN.G DATE*
joint Council and Planning Commission meeting ior January 27, 1979
January 27, 1979 at 9 : 00 A. Pi. at the Lafayette Club
to discuss the platting ordinance. 2lotion, Ayes (4) - �
ilays (0) .
Butler noved, Psassengale seconded, to approve a JOINT T'iEETING DATE*
joint Council and Planning Comr,iission r.teeting for February 15, 1979
February 15, 1979 at 7: 30 P.i4. at the Council
Chambers to discuss the Comprehensive Plan. Tiotion,
Ayes (4) - Nays (0) .
The attached letter from the Minnesota Department T?2AFFIC B�ACOt1
of Transportation, dated December 22 , 1978 , ;�12 & #6
concerns an intersection control beacon at Fiic�hway
;#12 and County Road ;#6.
Letter - Pages 11 & 12
The attached letter fror_i Glenn Cook, City Engineer, .
dated January 11, 1979 , also concerns the above
control beacon.
Letter - Page 13
Council P4eeting - January 23, 1979
P4ayor Van riest r.loved, Pesek seconded, to annrove
the intersection control beacon at Fiighway ;F12
and County Road �6 . Motion, Ayes (4) - rlal�s (0) .
o � � � ll lv1 l�
�
��NN�Tq �
y Minnesota �Ec zz Is78
� Q Dcpartmc:nt c�f �'r��nsport�atic�lz
-t � Distr�ct S .
� 2055 I�'c�. Lilac Drivc �� pF �R4N0
`��7�� Golden valley, Mi�znesota 55422.
(612) 545-37G1
December 22, 1978
Walter Benson . �
Orona City Clerk
Box 66 �
Crystal Bay, MN 55323 �
In Reply Refer To: 315
S.P. 27'13-44 CT.H. 12)
At C.S.A.H. 6
In Orono
• Intersection Control Beacon
Dear Mr. Benson: '
This letter is to advise you that our .office is currently
- in the process of desiging an Intersection Control 8eacon •
at this intersection.
Before proceeding certain construction cost splits and
' maintenance provisions must be incorporated into a cooper—
ative agreement.
It is anticipated that the pro ject urill be funded 9Q96 by
the Federal Government with High Hazard Safety Funds. The
remaining 1096 will be split, 596 State, 27�z% Hennepin County
and 2'�z% City of Orono. These splits are based on the
State' s palicy of entering leg jurisdiction and Hennepin
County' s policy of assessing the municipality one—half of
its share.
The estimated cost for the intersection control beacon is
$6,�00. Both the City and County will be assessed an
additional 6% of their share for engineering and inspection
costs. .
It is proposed that �he City ❑f Orono will be responsible
for painting, relamping and cleaning of the beacon and the
power costs t❑ operate the beacon. All other maintenance
will be the responsibility of the State.
:>
., �
An Equal Opportunity Employer
.�O ,
1
� Page 12
• �
Walter Benson _
� December 22, 1978
Page #2
This project is scheduled for a June 22, 1979 letting
date.
Please notify us ❑f your de�ision. If you have any
questions, please call Dennis Eyler, at 545--3761,
extension 143.
Sinc�re ,
,�
% ,�� , / %
� � �1. �
�,-,' , `Li:c ;
William M. rawford,� P.E. _
District Directar : �
cc: W. McCombs
WMC:vh '
�.:� _ •
..�
Page 13
�a�:s�ioa, �ode.se, �Kc�e�.l�la � �d�or,�a.�, .�Kc. G���lt�g �',��s
Z.�sls IS/. /j�� �j���� S6 • '•01ro C. Bonritroo,l.F. I.awrrnet F.Fefditn�,T.E,
/ � � � /7� � 'Robut W. Roune. J.E. CJew�R. Cook, l.l.
�i. PGI�� �NfI{IdOda SS'�.� � loiaph C. Andrr!!k, l.E. Xri�A.l. Co�don, ll.
� Brnd/nrd A. L�m6nt, l.L. TM/nu d. Noyei, tl.
\` P/f01ii: 6.�6�6DO ' RoDr�1 D. fdjaaiA. l.E. Rtchard W.roJirr.I.L.
. R(cha'd E. Tww�r,I.E. Robcrr Q.Sch�u�4At,11.
lanat C. Dlton, T.E. Xenlw L.Sorvala, rl.
Donald C. BWja�dl.T.E.
X�nnetA R.JNeblt�.l�.
CJurlrl A. E�lciuow
Leo 1H. lawtLt)ry
January 11, 1979 R°'�°"M. o�°"
. . . ,�, 1 �- , , . .
. . ; ` � , _ �
, , , 1
yl ! �
City of Orono `� ,. " _, ,,,
:;.. 1 �
Box 66
Crystal Bay, Mn. 55323 /� �
L.�T li �il `r+�i�iJ,
Attn: Mr. Walter Benson �
Re: File No. 13901
Control Beacon T.H. 12 & Co. Rd. 6 .
Gentlemen:
We have reviewed the installation of the control Beacon at T.H. 12 and
County Road 6 with both Dennis Hanson of Aennepin County and Mike Robin-
son of the�Minnesota Department of Transportation.
Hennepin County does not want to participate in the project at all and
will not pay their share of the project cost as outlined in the letter
� of December 22, 1978 from William Crawford of Mn/DOT.
Mn/DOT will not construct the project unless the cooperative agreement as
discussed in the letter of December 22, 1978 is approved. This means the
intersection revisions at this location would also be scrapped.
The elimination of the intersection revisions would seem to have an ad-
verse effect on the City of Orono's-intention to divert trafiic along the
Ring Route to T.H. 12.
We would be pleased to review this item with the City at your January 23
Council meeting.
Yours very truly,
BONESTROO, ROSENE, ANDERLIK � ASSOCIATES, INC.
�/� 2 �,..�
� Glenn R. Cook
GRC: li
cc: John Gerhardson
REGULAR isE�TI2dG OF TH� ORONO COUI�ICIL, JAP1UAItY 23, 1979 � Page 14 -
The attached letter frorl Lyle Swanson, Engineer P4EDINA-MORNINGSIDE
for P4cCombs-Knutson Associates, Inc. , dated SE�dER PROBLEP4
�, January 17, 1979 concerns the -PSedina-P'Iorningside
sewer problem. '
Letter - Pages 15 & 16 �
Council Meeting - January 23, 1979
Mr. Lyle Swanson, P4edina City Engineer, was present
to explain in more detail the Medina-Piorningside
sewer problem. Iie stated there would be meters at
each end of the line at Long Lake. Orono and Piedina
would own the 10" pipe line, which would adequately
handle the Hackberry flow and alleviate the nroblem
that Long Lake has in the May Street area. ?sedina
will be holding a public hearing in February.
The cost sheet that had been presente� to the City _
Council frorm the Orono-P�edina meeting held
January 4, 1979 was approved by the P4edina City
Council. Long Lake basicially agrees with the
concept.
Cost Steet - Page 17
William Gagne, petitioner, and Albert Yngve, PETITIOrIERS
representing Orono Plaza and Orono Center Properties Sewer Service
=' as petitioners, were present. They had petitioned �
for sewer and wate r service for their properties
at Fiighway #12, Old Crystal Bay Road, and County
Road #6 , west of Willow Drive, which is in the
vicinity of the Orono-P4edina proposed sewer project.
It was explained to them that the proposed project
is not a capital ir:iprovement project and that the
Council needs time to determine the best plan for
the development of the area. mhis is a two acre
residential area wliich is zoned for on-site syster.ms,
not City sewers.
Page 15
McCOMBS-KNUTSON ASSOCIATES, INC.
"'.����` � CONSULTING ENGINEERS ■ LAND SURVEYORS ■ SITE PLANNERS �
.r�'--
Reply To:
12805 Olson Memorial Highway
Minneapolis, Minnesota 55441
(612) 559-3700
January 17, 1979
Mr. Dick Benson
City Administrator �
City of Orono.
P.o. Box 66 -
Crystal Bay, Minnesota 55323
Subject: Medina Morningside Sewers
Dear Mr. Benson:
We met with the City Council of Long Lake regarding the
construction of the proposed sewer bypass line through Long Lake.
The bypass line will provide sewer capacity in the Long Lake sewer
system for Medina Morningside and a portion of Orono.
The City Council of Long Lake passed a Motion accepting the
concept of the proposed construction based on the following
provisions:
1 . Meters would be furnished to measure the sewage volume. .
TF�e meters would be �located at the Medina Morningside
Lift Station and where the Medina-Orono-Hackberry lines
enter the Long Lake System.
2, The Long Lake Bypass Line would be increased from 8" to
10" and the Long Lake Industrial Park would be connected
to the bypass line. This would save Long Lake pumping costs
because presently this area goes through the Lift Station
. at Symes Avenue. Whereas, the bypass line is a gravity
system. This would also reduce the flow in the May Street
sewer which has experienced flooding problems in the past.
j. The flow from Orono and Medina into the Long Lake System
' wouad be limited to a flow which would be specified prior to
construction. The flow limitation would be based on the
surplus capacity in the Long Lake line.
:.; . .
Minneapolis - Hutchinson - Alexandria - Granite Falls
printed on recycled paper
M�. Dick Benson
January 17, 1979 Page 16
Page Two
4. The 25 homes ln the Hackberry Area would remain connected to
the Long Lake system.
5. Long Lake would not have to pay any of the cost of the Long
Lake Bypass line, and, that Orono and Medina would maintain
the line.
I will get you a copy of the actual Motion as soon as it is
available.
The City Council of Medina has discussed Long Lake's Proposal and
have no problems with it. However, they do feel that Orono should pick
up the difference in cost between the 8" and 10" line which is estimated
at $5,000.
Long Lake feels that by connecting Long Lake's Industrial Park to
the bypass line, additional capacity 1s provided in the May Street
tine thus providing capacity in the Long Lake sewers for tfie Hackberry
Area which drains through this line.
TF�e.City Council of Medina has schedule a Public Hearing for
the property owners in Medina Morningside for February 19. We would
appreciate Orono's comments on Long Lake's Proposal as soon as possible
so that we can provide accurate cost estimates to the property owners
in Medina-Morningside at this Hearing. '
If you have any questions, please contact us.
� Very truly yours, �
McCOMBS-KNUTSON ASSOCIATES, INC.
�
Lyle Swanson, P.E.
Medina City Engineer
LS:j 1
' Page• 17
� � -
�� -
COST SHEET
OROI�O-iiEDI2]A 2�E`i'I:�1G
January 4, 1979
I. By Pass Capacity 303 Units
Hackberry Capacity 25 Units
� 328 Units
. Less Present Orono Capacity 100 Units
228 t7et Units .
� Hedina - :83 36. 4b
Orono - 145 63. 6$
By Pass Cost $145, 400. 00
Medina Share 36. 4$ _ $52 , 925. 60
II. Orono Line .
Capacity 388 Units
Medina - 83 ' 21. 4$
Orono - 305 78. 6$
,:_, .
Present value of Orono line $145, 717. 00 � .
2iedina share 21. 4� _ $31, 183.44
III. Medina Cost
i�edina share of by pass (36.4$) $52,925. 60
' Medina share of Orono - -
line (21. 4$) 31,183. 44
Total Medina cost �84 ,109. 04 .
Orono Cost $61,290. 96
����=� •
�
REGULAR P�lEETING OI' TH� OROi10 COUPJCIL, JAi1UARY 23, 1979 Page : 38
DiGk Ilenson, City Administrator, presented the OROPJO-LONG LAKE
following information concerninc� the Orono-Long I21mERCEPTOR
i Lake interceptor, dated January 18, 1979 , which CO?ISTRUCTION
states:
On January 17, 1979 at the Metropolitan ��aste Control
Comnission office, we met with representatives frorz
Johnson Bros. , P4cCrossan, Hennepin County, 2�cCombs-
Knutson, and our City engineer to discuss the -
construction of the interceptor and the Tanager
Lake bridge. �
T�Te �vill hold another pre-construction rieeting some-
time in February.
The results of the January meeting were:
l. Johnson Bros. have the contract for constructing
the 2setropolitan interceptor; r4cCrossan has the
contract for constructing the Tanager Lake
bridge.
2 . 6�1ork will begin on or about April 2 , 1979.
Forty-five working days are expected to cor_iplete
both projects.
3. Two crews, other than the bridge crew, will
_ start construction at the bridge. One go�ng
in each direction constructing the interceptor. '
4. Detours. Brown Road (County Road �#146) to Highway
#�12. We stressed no detours of traffic on our
City streets because of inadequate base. Hennepin
County agreed.
5. On Hennepin County Road #51 from Hennepin County
#15, two blocks to Hennepin County Road #146 --
this piece will be cor.ipleted with jacking under
the railroad tracks sor.letir.ie in P4arch so as not
to affect the detour that will occur.
6. Provisions will be made to provide for local
traffic at all tines in the construction area.
7. Orono Orchard Road construction ��ill begin sorietir.me
in the middle of June.
8 . Provisions will be made to nrovide for tra�fic
to the Orono Golf Course. .7une is our peak r.lonth
and declining revenues are our concern.
9 . Discussed our �7etlands Ordinance and 26 ' environmental
buffer zone and no filling without perr.�it. Excess
� fill fror.l the project cannot be arbitraril�� used
to �ill lots and so on. (Continued)
REGULAR PZEETI�IG OF THE OROr10 COUNCIL, JAPIUARY 23, 1979 Page 19
10. Contractors Storage Area. Fenced in area - French OROPdO-LONG LAKE
Lake. If City land is used, we ��ill rec�uire an IPJTERCEPTOR
� agreement on area to be used and restoration. (Continued)
11. Our streets abutting the project and French
Lake Road will be protected from dar�age by
� the contractors and restored where necessary
as well as protecting or restoring drainage. � �
12. `1e will waive road restrictions in construction
area. .
13. Contractor will send letter to all persons
living in construction area. We will also
notify all of our residents by letter.
14. Contractors will furnish list of contact people .
and telephone numbers for emergencies and also
persons responsible for comnitments.
15. The engineer responsible for insPections will
be Pietropolitan Waste Control Cor:unission
personnal. P4cCor_tbs-Knutson' s role will be to
head the project as consultant enc�ineer and to
approve change orders. .
16 . The pre-construction meeting will be the r:liddle
of February.
17. Last but not least, E.P.A. will approve the
project sonetime in February.
Discussion was held concerning the ring route RIidG ROUTE
properties to be acquired. -
24avor Van Nest moved, Butler seconded, to adopt RESOLUTION �987
Resolution #987, A Resolution Of The City Of Orono �minent Domain
Authorizing Taking Of Land By Eminent Domain For
Public Right-Of-Way For The Ring Route Project 79-1.
2��otion, Ayes (4) - Nays (0) . �
t�assengale moved, PSayor Van Nest seconded, to direct 79-1 PROJECT LETTEt
staff to mail letters to all affected propert�� owners
opening negotiations for acquisition of properties
for Project 79-1. P•iotion, Ayes (4) - Nays (0) .
REGULAR P�iEETING OF iHE OROrIO COUNCIL, JANUARY 23, 1979 � Page 20
, The following letter was presented to the City NAVAFtRE BANK
Council from David J. Delaney, Plavarre First REVENUE BONDS
, National Bank, dated January 16, 1979 , which states:
"Enclosed are the resolution and agreement I would
like to be adopted by Orono. Also covering
mer.iorandum from my attorney.
� This type of financing will save 20. The mone1 will
still be about 8�, but ,the difference will be most
helpful in justifying this project. '
The building will be owned by me rather than the
bank because it is limited by law to investing
$175, 000 in brick and mortar. jae need nore facility.
The proposed building will be compatible with the •
Gray Freshwater Biological Institute and fit the .
present zoning. The debt holds no risk to the City
and will have the guarantee of my f amily. _
�ae need approval by resolution prior to purchase of
the land and my option to buy expires January 25th.
I am sorry for the inconvenience this .causes you
and the City. "
Council Meeting - January 23, 1979
Pesek r:ioved, Butler seconded, to adopt Resolution RESOLUTION #988
:. �' �988, A Resolution Relating `^o A Project Under The Revenue Bonds
2�iunicipal Industrial Development Act; Giving Pre- Navarre Bank
liminary 1lpproval To '�'he Project; Referring The
Proposal To The Comnissioner Of Securities £or
Approv�l; And Authorizing Execution Of A P�emorandum
Of Agreement And Preparation Of Necessary Documents,
amended to include a hold harmless agreement.
r4otion, Ayes (4) - Plays (0) .
Butler rmoved, Massengale seconded, to appoint the BOND CONSULTANTS
firm of Faegre & Benson as bond consultants for Faegre & Benson
Orono, retroactive to January 22, 1979 . Piotion, �
Ayes (4) - Nays (0) .
An appointrtent to the Park Cor,unission was tabled PARK COMPZISSION
until the next Council meeting.
Appointments to the Human Rights Corunission was HUMAN RIGHTS
tabled until the next Council r_meeting. CONiMISSION
The Casco Point petition was tabled indefinitely. CASCO POINT PE'�ITIt
'� ,
R�GULAR PSEETIrIG OF `�'HE OROPdO COIJrICIL, JANU7�RY 23, 1979 Page 21
I4r. Alan Olson, City Planner, entered into the � GAYLES MARIPdA
record the follo�ving concerning Gayles, 2larina
dated January 18, 1979,. which states:
ihe accompanying letter was hand delivered to Frank
P�iixa on January 17, 1979 for inclusion in the record
of the LPZCD hearing that evening. .The LPiCD application
• includes a plan which r.iore or less shows �ahat Gayles
Marina proposes. The LMCD has rejected this plan due
to inaccurate shoreline representation.
r�sy discussion with Frank T�ixa this morning and Bruce
Douglas this afternoon indicates that a new plan
overlaid on a new survey is prornised for Council
review on January 23 and LPiCD review on January 24 , 1979.
Letter - Pages 22 & 23 (Continued,Page 24
-��.
TeJephonr 4;�-;:i;,�
Page 22
/�+ �. •
� � '� ��� 1i 11 �� �1 i�a����
�� � .
` (� � Post O:fice Box Eo•Cn•stal Ba}•, h1i.^.nesota 5�32..'•:�iunicipa] O:ices
! �
�;t ��! .
"- _ On 1he 1`'orth Shore of Lake 117innetonka
��j.-: .
.. .
_ e .<< .-t�
� � --- �,
-�____. January 16, 1979
Mr. Frank Mixa, Executive Director
Members of the Board
Lake Minnetonka Conservation District - -
400 East Lake Street �
Wayza ta, _ � �
Minnesota 55391 --
Re: Gayle's Marina Dock License
Public Hearing January 17, 1979
Dear� Frank: -
I want to relay to you the position of the Orono City Council
� regarding the negotiations with Gayles Marina. This action
should be noted in the recorii of the District' s public hearing
to be held on January 17, 1979. -
The City attorney and city staff inet with you, the LMCD attorney,
_ and Mr. Wittig' s attorney on January 2, 1979. A tentative
�agreement was discussed. At- that time a scale plan was promised .
to the LMCD and to the City prior to the January 9, 1979 Council
Meeting. The plan was not provided to the city before that
meeting and has not yet been provided to the City.
The City Council was aware that the LMCD would lzke City comments
to be entered into the record of the LMCD public hearing. Consequently,
the Council acted by making the following statements :
l. The City has insufficient infor�ation to base even a
conceptual review of Wittig' s proposal.
2, Wittig has been unresponsive according to the Council' s
understanding of the agreement reached by staff.
� Page 23
Janu�ry 16, 1979 -
:•ir. Frank T;iaa
' La�:e r;in:�etonka Conservation District
Fage 2 � •
3, The City and the LMCD should delay no further but
� should instead proceed with the injunction against
use of the existing dock structure.
I understand that a scale plan was delivered to you, but not to
the City. Hopefully this plan does address all the concerns of
the LMCD and the City. It is unfortunate that the City Council _
could not have reviewed a plan before the public hearing. We-
still e�pect a copy of this plan before the next Council meeting �
on January 23, 1979. This may yet make it possible for the
City Council to make recou�nendations to the LMCD before their
January 24, 1979 Board Meeting. If an agreement can be reached,
this should be beneficial to all parties.
Sincerely, �
���` alter . enson �
City inistrator �
WRB:kh -
cc: Mr. Bruce Douglas .
`3 .
REGULAR P�iEE�ING OI' ^HE OROPdO COUNC IL, JArIUARY 2 3, 19 7 9 Page 2 4
Council Iseeting - January 23, 1979 � CzP.YLES 2rL�RINA
(Continued)
.- P�ir. Steven EY!lmings was present representing Gayles
Marina with plans for the docks for the marina.
Council stipulated that docks were to meet the
requirements of the code. A drawing of the docks
on the survey must include monuments marked for 200 '
at elevation 929. 4 with a maxirlun of 134 slips.
idr. Emmings stated that the intent of Gayles Piarina
is to comply 100� with the City ordinances.
P4assengale moved, Butler seconded, to give conceptual
approval of the plans as presented; another plan
must be presented showing adec�ua�te survey meeting all
code rec�uirements, including survey showing 929. 4
elevation with monurients at 200 ' . iiotion, Ayes (4) -
Nays (0) .
liassengale moved, Butler seconded, to adopt Resolution RESOLUTION #989
#989, a resolution to include other conditions to be Gayles P�arina
met by Gayles i�arina, such as:
1. Gayles intention to construct a dock to accomrnodate
a maximum of 134 slips.
2. City is not granting vested rights to Gayles to
, - continue 134 slips in the future.
3. Gayles to subr.mit adequate survey showing as-builts
. of docks (after construction)
4. Staff to approve plans and authorize construction
of docks after conditions are met.
5. The City is not guaranteeing that the dock layout
will be adequate with known �vater level conditions
that might require dredging.
6. The City Council authorizes the riayor and City
Adrlinistrator to sign any and all agreements related
to stiuplations for this property.
7. City will require an application for a 1979 licensP.
8. A survey -showing. 929 . 4 elevation with r.monurients
at 200 ' .
iiotion, Ayes (4) - TJays (0) .
REGULAR PiEETIt1G OI' THE OROtIO COUIICIL, JAi1UARY 23, 1979 Page 25
Butler rloved, I4assengale seconded, to appoint APPOIPJT��iENT *
Mr. Ronald Steffenhagen as C�lf Course Superintendent Ron Steffenhagen
� at $15, 293. 76 per year, retroactive to_January 1; 1979 . Golf Course Supt.
Motion, Ayes (4) - Nays �(0) .
Dick Benson, City Administrator, presented a rier_►o � HENNEPIN COUNTY *
from Chief of Police Kilbo concerning Fiennepin CRI24INAL JUSTICE
County Criminal Justice Coordinating Council' s •
proposed amendment, dated January 8, 1979 , which
states: .
I have reviewed the letter, ar.tendr,ient, our Resolution
#749 and request we adopt a .resolution ariending
Resolution ;�749 supporting this necessary change in
operational by-laws. Our support is necessarv as
we r�1a1 be in a position to benefit in any County-wide .
grant. This action will also support my request for
research into police contracts and formulas which .
is being acted on by the Council.
Council P4eeting - January 23, 1979
Butler rioved, Massengale seconded, to adopt RESOLUTION #990 *
Resolution �990, A Resolution At*iending Resolution Criminal Justice
#749 , A Joint Resolution Establishing The Hennepin
County Criminal Justice Coordinating Council.
t�iotion, Ayes (4) - Nays (0) .
Dick Benson, City Administrator, presented the BLOCK GRANT PROGRA�
City Council with a merio from John Gerhardson, Year V Application*
Public 'Works Coordinator, dated January 18, 1979,
which states :
In 1978, the City of Orono' s share of the Corununity
Developr•lent Block Grant Program was $54, 402. Of
that ar.tount, $11, 202 was designated to be added
to the P�innesota Housing Finance Agency Grant Fund.
The PuiFA grant prograr.l allows low incor.ie Orono
residents to apply for grants for rehabilitating
their homes. In 1978 , the program was administered
by Hennepin County. The procedure was very sir.lple
in that Hennepin County would accept, process, and
approve the application, notify the City of Orono
of the amount owed to a contractor for services
rendered.
The City would reimburse the contractor and submit
a warrent request to Hennepin County for reirtbursement.
This was a well adr.iinistered program with Hennepin
County submitting progress reports to us , therefore,
letting us know how the monies were spent.
- (Continued)
REGULAR ISEETIIIG OF �HE ORONO COUNCIL, JAtdUARY 23, 1979 Page 26
Because the City desic�nated over $11, 000 to the fund, BLOCK GRANT PROGR�d
an additional four to five residents received grants (Continued) *
that could not have been accepted previously because
of a lack of funds. �
For year y of the Community Developr.lent Block Grant
Program, the City of Orono will receive $54, 500.
Therefore, it is staff recommendation to designate
$54 , 500 to be added to the P4innesota Housing Finance
Agency grant fund to be administered by Hennepin
County.
I have discussed this with Hennepin County staff and
it is projected that if the City of Orono designated
this amount, thirteen Orono residents will benefit.
It was suggested by H�nnepin County staff that the �
City publicize the grant program in the local
paper, posters, and flyers enclosed in utility
bills.
Another requirer.lent of the Year V application is
that we must develop and present a three-year program.
I have discussed this with other communities that
are receiving approximately the same amounts as
Orono and because F�.U.D. is tightening regulations, ,
several comr•.iunities are pooling their funds for �
one housing project.
Council Meeting - January 23, 1979
Butler moved, t4assengale seconded, to approve the
a�plication =or Cor�u-lunity DeveloPr.lent Block Grant
Progran for Year V. Motion, Ayes (4) - Nays (0) . .
Dick Benson, City Adninistrator, inforr.med the PURCf�ASE PICKUP*
City Council that Hennepin County has received TRUCI:
bids on the purchase of pickup trucrs for the
Utility Department. The low bidder is Freeway
Ford in the amount of $6, 641.
We have budgeted in 1979 for monies to purchase
this truck for the Utility Department.
Butler moved, P�lassengale seconded, to approve
the low bid of Free�aay Ford in the arzount of $6 , 641
to purchase a pickup truck for the Utility Depart-
r.►ent. r2otion, Ayes (4) - Nays (0) .
REGULAR t2EETING OF THE ORONO C�UNCIL, JANUARY 23, 1979 Page 2�
Butler moved, P4assengale seconded, to appoint APPOI*1TMENT*
2Sr. John F. Brinkhaus as Street Foreman at a Street Foreman
starting salary of $17, 000 per year, effective John Brinkhaus
February 5, 1979 , with a salary and performance
review at three, six, and nine r.ionths. Motion,
Ayes (4) - Nays (0) .
Pesek moved, Psassengale seconded, to appoint PLAP7PJING COMMISSIOT
C. Steven Wilson as Chairman of the Planning CHAIRMAN
Commission. P4otion, Ayes (4) - Nays (0) . C. Steven Wilson
Butler moved, D4assengale seconded, to approve LICENSES*
the following licenses: Motion, Ayes (4) -
Nays (0) .
Cigarette Licenses � �
Keaveny' s Navarre Drug - Richard Keaveny
Keller' s Countrv riarket - O.H. [��isegarver
Lakeview Golf of P�innetonka, Inc. - Grant Wenkstern
Martin' s Phillips 66 Station - P4idwest Vending
North Shore Union 76 - Arthur Gunderson
North Star P�arina, Inc. - Paul I�eripf
Orono Golf Course - City of Orono
Orono Shopping Center - William Wear
Saga I�ill Grocery - Carol �dwardson
Shoreline Service - IZidwest Vending �
Tyra' s Super Valu - Edward Fink
Wayzata Country Club - J. Lefeber
Butler moved, 2�assengale seconded, that the All BILLS*
Funds Accounts 11788, 11787, 11795, 11796 , 11799 ,
11600, 11601, 3216 through 3282, 7322 through 7360,
' 10697 through 10700 and Liquor Store Accounts
12902 through 12920, be paid. Psotion, Ayes (4) -
Nays (0) .
Butler moved, Massenc�ale seconded, that ttie meeting ADJOURNMENT
be adjourned at 12 : 40 P.t�4. Piotion, Ayes (�) - Nays (0) . /►
( �
i��,� ���'�'I - ��,L
• �9illiarn B. Van Nest, P�ayor
I�,��;,�, ,
;
AtteSt: ! ' '�
ti :
��alter R,enson, Clerk-Adrlinistrator