HomeMy WebLinkAbout08-14-1979 Council Minutes �=t ' , � CITY OF ORONO
Regular lleeting of the Orono Council, 7: 00 P.DZ.
August 14�, 1979
The Orono Council met on the above date with the
following members present: P4ayor Van Nest, Council-
raernbers Butler, �iurr, and Paurus. Councilmer.iber
P'iassengale arrived at 7: 10 P.M. Also present: City
Planner Olson, City Attorney Malkerson, City �ngineer
Cook, and City Clerk Strom. City Administrator
q Benson arrived at 9 : 30 P,r�I.
Butler moved, Paurus seconded, to ap�rove the Consent CONSENT AG�PdDA*
Agenda* , subject to removing items 6 , 10, 17, & 33,
with all staff data and supportive infornation to
be included in the Piinutes in the sequence they occur.
Motion, Ayes (4) - Nays (0) .
No comments from the Park Commission. PAP.K COru�sISSI0�1
P�r. Gabriel Jabbour, Planning Comnission rnember, PLANNING COMt�4ISSION
was present and stated that the Planning Commission Hardcover, Walls, &
approved his appointment as liasion to the Council. Fences
He stated that the Planning Commission �aould like
a clarification as to the definition of hardcover
and if gravel is included as hardcover. Discussion
included heights and definition of fences and walls.
Paurus moved, P�4assengale seconded, to request staff
to draft an amendr.ient to the ordinance to include
gravel as hardcover to clarify the intent of hardcover.
r4otion, Ayes (5) - Nay�s (0) .
Paurus moved, P�4assengale seconded, to request staff
to review the definition of fences and walls and to
the clarify their meaning. Diotion, Ayes (5) - rdays (0) .
Mayor Van Nest stated that the City Council would COMPREHEt1SIVE PLANNII
like Gunnar Eisberg, Comprehensive Planning Con-
sultant, to appear before the City Council to discuss
the redrafting of certain sections of the Plan.
T
No comments from the Lake Minnetonka Conservation I,P�ICD REPORT
District representative.
No comments from the public present. PUBLIC CO�SMENTS
� T R��ULAR MEETING OF THE ORONO COUNCIL, AUGUST 14, 1979 Page 2
Mr. Alan Olson, Citv Planner, entered into the CONDITIONAL USE PERMI
record the following dated Julv 30, 1979 , �ahich 2677 Casco Point Rd.
states: • #436
Alexander Holzer
�9hether or not a revised plan is submitted for the
August 14 , 1979 Council meeting, I strongly recom-
mend that the Council take action at that time to
permit final construction/reconstruction to occur.
I have again inspected the �Aroperty and am prepared
to give detailed recommendations about final wall
height, etc. Briefl�, my opinions are as follows:
l. Area between Holzer and Smerling house - natural
drainage was toward Smerling house; wall as
built directs drainage toward lake; removal of
one block could be done without change in drain-
age; removal of two or more blocks increases
, likelihood of again directing runoff toward
Smerling house.
2. Area between front of Holzer house and 75' line -
several blocks could be removed without affecting
drainage in steps with approximately 16" - 24"
remaining exposed on SMerling side.
3. Area in front of 75 ' line on south side - all
but one block could be removed and that could
be buried with drainage being directed parallel
to lake as naturally occurred.
4. Area across front of Holzer lot - wall could
be removed down to level where plastic appears
in joints (4-5 blocks) with remaining wall
buried and ground sloped to meet edge of bank;
drainage would be toward lake as naturally
occurred.
5. Area between Holzer and Downey houses - wall
- could remain as is; directs water toward lake.
6. Area in front of Holzer and Downey houses to
approximate area where steps are built - wall
should remain high enough to direct and keep
water on Holzer property to avoid damage to
Downey bo�thouse; can be stepped down to match
buried wall along front.
These descriptions are hard to draw on a plan but
they could easily be marked in the field to accomplish
these results. The basic intent would be to protect
adjacent properties from direct runoff but to return
to natural drainage patterns in the lakeshore area
avoiding the terracing effect of the walls. ,
(Continued)
` t RF�ULAR r4EETING OF THE ORONO COUNCIL, AUGUST 14, 1979 Page 3
Council Meeting - August 14, 1979 CONDITIONAL USE PERMIT
2677 Casco Point Road
PZr. & Mrs. �olzer and their attorney, Mr. Robert (Continued)
P4itchell, were present. Mr. Mitchell reviewed
his letter of August 6 , 1979 with the City Council.
Letter - Pages 4-6
Mayor Van Nest informed Mr. Mitchell that he was
presenting the same plan as before whereas the City �
Council had requested a new grading plan to be
presented at this meeting to include the guidelines
that the Council recommended at the July 10 , 1979
Council meeting.
Councilmember Butler reviewed Alan Olson' s memo
dated July 30, 1979 , stating that she had viewed
the property that morning and that she noted the
number of blocks to be removed in order to maintain
the integrity of the runoff.
Mayor Van Nest requested of Mr. Mitchell to prepare
new drainage plans with no exposed retaining wall
for the next meeting.
Pir. PZitchell stated that he will prepare plans to
bring to the next Council meeting which will include
drawings and photographs.
P�iassengale moved, Paur_us seconded, to note for the
record that the City Council received Mr. P�4itchell' s
letter dated August 6, 1979 , but that it does not
contain an acceptable plan. P�4otion, Ayes (5) -
Nays (0) .
Mr. Alan Olson, City Planner, entered into the record SUBDIVISION/PRD
information sent to PZr. George Hussman, Hussman 3660 Shoreline Drive
Investment Company, concerning a subdivision/PRD #447
proposal at 3660 Shoreline Drive dated July 26 , 1979 Hussman Investment Co.
which states:
"Your proposal was tabled at the July 24 , 1979 Council
meet�.ng to allow you time to revise certain details
discussed at that meeting. I should have a revised t
plan in my office no later than August 8, 1979 for
the next regular meeting to be held on August 14 , 1979 .
The major changes requested were as follows:
1. Piaximum 24 units arranged as 12 twinhomes
2. All units to be served internally by the new
street with no frontage on Blaine Avenue
3. Creation of a walkway between Blaine and the new
road: dedicated public or private outlot (Continued, Page 7)
' •- - ,� ' --" ra�t...o.t �w�n an.aln
�• � . C���f .Dl�tL�� �iwl�w .• . •, I
. _ .,_ . �. -_ — ..��..�o�.� .. �
� ) . ..� .. .��. .
.' �•• • • ' • ..o,:',�,�.�..`:... Pac�e 4
August 6, 1979
� �L UL�ULD
Orono City Council LIU
Post Office Box 66 � 7 �
Crystal Bay, riN 55323
Re: Alexander Holzer CITY OF ORONO t�
2677 Casco Point Road
Dear Ladies and Gentlemen:
The summary of the zeasons the Holzers would like to have �
you grant them any necessary conditional use permits or variances i
is as follows: �
1. There is a clear and present danger of earth slippage from
the hill on which tbey live down into Lake Minnetonka as i
evidenced by the 1978 landslide on the adjacent Smezling property
and at tWo other places on Casco Point in 1978.
2. Tnere is a drainnge storm vater run-off problesn with respect
to: " .
a. The Do�-ney property to the north wrhich has a basement
to ahich Holzer run-off vater flovs; and
b. Toward Lake Minnetonka �+hich aggravates the earth slippage
danger identified above because the siorm water seeps into �
the steep hill and makes it more prone to slippage; and
c. A potential problem on the Smerlings' property to the ,
south if the property had a basement and beca�se the Smerlings
are �+orried about �.rater zun-off; or
d. To prevent further water run-off onto the Smerling side I
which is a possible aggravating cause of the earth slide
�+hich occurred in the su�mner of 197H on the Smerling
property:
`� The benefits vhich would be caused by this fence or wall are:
1. Earth slippage v.�ould be prevented pez engineer Hark S.
Gronberg's report;
2. The drainage pzoblems identified above vould be controlled;
3. The vater still soaks into the grass; only the overflov runs
off, and it is the greatest part of �,rhat needs to be controlled;
4. Another small, old and formerly dilapidated Orono dvelling
vould be upgraded so that it vould be an asset to the owners,
to the neighborhood, and to the City as a whole.
While the vast majority of the neighborhood is in favor of the
Holzers' improvements, including the neighbor on the north side
(the Dovneys), the Holzers realize that the neighbor on the south
side (the Smerlings) oppose parts of the improvements and, realizing
further that the City of Orono has some legitimate interest in the
improvements, the Holzers state the folloving:
1. That the Smezlings never had a view aczoss the Holzez property
tovards Lake Minnetonka because of the dense bushes at that
location, vhich bushes `+ere almost entirely on the Holzer
property:
2. With the Holzers having already agreed to putting new b�shes
and grass on the Smezlings' side of the vall, the Smezling viev
will be exactly as it has been in the past namely being a view
of the bushes. In addition, the Holzers still intend to stucco
the fence/Wall and so its appearance, if there be any through the
bushes, will be a pleasing appearance exactly like the appearance
�+hich the fence/vall has presently on the street side of the
Holzer property.
3. As for the City's interest in the fence/`+all, it should be
noted that at no point is it highez than is permitted for a
fence in this location, and thezefore the only issue zeally is
appearance. �
4. The Holzers assert that the vall is a fence, is not therefore
a structure, can legally be vheze it is, and at ihe height if
not exceeding 42". The Holzers' point out that there aze numerous
other �+alls in and around the Casco Point neighborhood; some
of the fences or valls are the pzoperty lines; some go all the
vay dovn to the lake_
. � ' � Page 5
� � ' � 5. A1 Olson has said that the Holzeze ould have a fence in the
' place this fencc/vall is in up to �2' hlgh without vaziance
and vithin 75' of the laY.eshore; Glen Cook has said that the
proposed dreinage system is a ueeful component to the fence/wall
thc iiolzcrs r+ant to hav� and vill appzopziate�y carry off
excess etorm vatez (i.e. that which does not soaY, into the
' grass);
6. No precedent vould be set by allo�+ing the Holzers to have
this fence/vall in this location because:
, a. The vall is simply a fence like other fences in the
neighborhood and can be on the property line and within 75'
of the lake (i['s not a structure); or
b. Even if one finds it is different fzom n fence, it is still
not a precedent setting because:
i. it is vithin the �2' height limit; and
11. it's on an extremely steep hill nnd designed to
prohibit demonstzated earth slippage in tne area,
and to prevent storm vater run-off damage (both to
neighbors and vis-a-vis earth slides)
and therefore necessity calls for this fence on these
grounds and the steepness of the hill, the nearness of the
hill to Lake Minnetonka, and the absence of space are
unique properties of this site found on few other sites.
7. The risk of real damaae to the Holzers' lot and even to the ;
house is very great because of the foregoing factors and supports i
the necessity for the fenee/vall. I
Finally, the Holzers offer to do the following to compromise the
matter:
1. From the front edge o� the Smerling bathroom inland and the
Dovney side from drop off point inland, the vall will be as is
but �.rith no pillars:
2. From the edge of the Smer�ing bathroom lakeward, the vall will
come dovn t�+o blocks in height all across the front and around
to the Dovney side.
3. The �+all vill be filled on both sides.
�
�. On Ghe outside of the wall on the Smerlanaenseehed e ofearbor i
and on the lakeside, 9
bathroom forvard, vill be planted to conceal
vitae 36' tall, 40" on centezs,
the vall fzom the Smerlings' property and fzom Lake Minnetonka.
5. The drainage system as originally planned �+ill be installed
subject to a Hinnehaha Watershed District permit for the ;
- catch basins.
6. The 3andscape plan would be subject to City staff approval.
7. The drainage plan vould be subjec[ to Glen Cook's app=oval
and to a ri_C.W.D. permit.
8. The Holzers would agreerovallto6�+orkeis�obta�nedtby AUgust 21, '
November 1, 1979 if app
1979 from the City.
Ouz interpretation of the Code is that:
1. 5531.433 and 31.�34 allow fences up to 42' tall. (
2. No setback from the propezty line is necessary, though the i
fence is set back 2' on the Smerling side_ �
3, p� fYn�c�Sisandt75'Stou250 ehazdcovez3zules don'thapplyre the i
4. No fill has been brought onto the site, but if it is �+e
i
concede that531.700 requires a permit. No dirt has been dumped
over the embankment intentionally; all dirt is needed on the
uphill side. we don't agree that 531.830 prohibits the fill
around this fence. �
Nevertheless the Holzers vish to cooperate vith the City and compromise
and settle the outstanding matters and so offez to apply for and
get tne permits and vaziances necessary to complete the work as
outlined above.
The Holzers believe this,Whole matter has been blown out of Proportion.
The fence is 99t beneficial to them; both neighbors for earis �in9a9e
and zun-off control reasons; the City because the property
made more valuable and secure; and Lake Hinne�on�akeecertainhthe Lake
landowner is �+illing to spend a lot of money
. �
, � � Page 6
' L I N D O U I 5 T 6 V E N N U M
Orono City Council
, Auguat 6, 1979
Page -S-
won't be polluted by an earth slide. ln addition, all are
benefited by a beautiful nnd expen6ive arboz vitae hedge ahich
vill conceal the fence from the Smerling side and from Lake
' MinnetonY.a.
With all the worY. Which has been done to date, vhat puzpose � �
would be sezved by tearing down this fence of masonary if a �+ooden
fence of like dimensions could be put up by the Smezlinqs or their
successors, or the Downeys or by the Holzers. We uzge the
Council to accept the foregoing as a beneficial solution to the
present impass.
Respectfully submitted,
LINDQUIST L VENNUM
.i
. �(.�� //'i/.'�.l.l( [-�,/'
/
Robezt G_ MiGchell, Jz-j�•/
RGM:mes
CC: Mr. and Mrs. Alexander Holzer
William B• Van Nest, Y,ayoz
Hs. Mary C• Butler -
Hs. Jo Ellen Hurr
Mz. Waltez 8- Massengale
Mr- Norman W. Paurus
�1r_ Alan P. Olson, Village Planner
ris. Jeanne A• Mabusth, Asst. Zoning Administrator
Mr. Glenn R. Cook, Engineer
Bruce D_ Halkerson, Esq.
Senator George 5. Pillsbury
Rep_ Robert L. Searles
Mr_ Mark 5. Gronberg, P.E.
� , RE�ULAR MEETING OF THE ORONO COUNCIL, AUGUST 14 , 1979 Page 7
Issues not totally resolved: SUBDIVISION/PRD
� 3660 Shoreline Drive
l. Requirem�nt or encouragement for a tot lot (Continued)
2. Ownership and maintenance of the pond - City
or private?
3. Dedication of additional (7' ) county road right-
of-way
4. Dedication of additional (15' ) Blaine Avenue
right-of-way
Other Probable Platting Requirements:
1. Dedication of new road as drawn - with revisions
necessary as above; to be named by Council
2. Construction or upgrading of shoulder for right-
turn lane, per Hennepin County review
3. Construction of Improvements at developer' s
expense - subject to a developMent agreement
and approved plans: ,
a. Street
b. Sewer lateral
c. Water main extension including two fire
hydrants
d. Storm sewer extension, catch basins, holding
pond and control structure
4. Dedication of drainage and utility easements
5. Dedication of flowage easeMent over pond to
200 year storm elevation
6. City approval of protective covenants for
structure maintenance and appearance
7. Payment of legal review fees, engineering
review fees, street signage costs, and any
increased sewer or water assessments above
amounts already levied, park dedication fee. "
End of letter
C��ncil r2eeting - August 14 , 1979
Discussion included the outlot for homeowners
association whereby everybody owns it; a dedicated
drainage easement to pond; that any lots sold be
covered with a restrictive covenant in the chain
of `title to protect the types of homes to be built
there.
Butler moved, Hurr seconded, to give preliminary
approval to the subdivision, PRD proposal of Hussman
Investment Company for 3660 Shoreline Drive, per
the recommendations noted above and Alan Olson' s
letter of July 26 , 1979. PZotion, Ayes (5) - Nays (0) .
'� REGi�TLAR MEETING OF THE ORONO COUNCIL, AUGUST 14 , 1979 Page 8
.
Mr. Alan Olson, City Planner, informed the City SUBDIVISION '
Council that staff recommends for final approval 2505 Kelly Avenue
the plat of Navarre Cove, 2505 Kelly Avenue. The #448
developer has removed the non-conforming gravel Kelly Avenue Holding Co.
parking area on Lots 2 & 3 and seeded the disturbed
area.
The applicant has furnished for staff' s review the
following items requested in Planner' s memo of
April 26 , 1979: �
l. Certified copies of deeds for Tracts B & D,
RLS 1428, noting access easement over Tract C
2. Declaration of Covenants, Conditions and
Restrictions
3. Articles of Incorporation, Navarre Cove
Homeowners Association of Orono
Councilmember Hurr requested that six boats only
be i.ncluded in the resolution that was presented.
Hurr moved, Butler seconded, to adopt Resolution RESOLUTION #1058
#1058, A Resolution Approving The Plat Of Navarre Navarre Cove
Cove, amended to include six boats only being
allowed. Motion, Ayes (5) - Nays (0) .
P4r. Alan Olson, City Planner, entered into the CONDITIONAL USE PERt4IT
record the request of Lowell Zitzloff for a BUILDING PLAN REVIE�a
conditional use permit and building plan review 3850 Shoreline Drive
for 3850 Shoreline Drive, dated July 30, 1979 #481
which states: Lowell Zitzloff
This is a combined application to approve a com-
mercial building permit for the property at 3850
Shoreline Drive, and to approve a conditional use
permit for retail use of a portion of the proposed
building.
The proposal meets all lot area/width, setback and
parking requirements of the B-5 zone.
REQUIRED PROPOSED
Lot area 20,000 4JJ, 775
Lot width 100 ' 175'
Front setback 35 ' 72 '
Side setbacks 15' 15 ' east/20' -26 'west
Rear setback 35' 44'
Parking 30 39
Building Use - includes permitted offices (3 , 600 sq.
ft. ) and unspecified types of limited retail sales
1,500 sq. ft. ) plus Mr. Zitzloff' s Auto Parts Store
(1,600 sg. ft. ) to be relocated from its nresent
spot at 3500 Shoreline Drive. (Continued)
�` , RE�GyULAR r'iEETING OF THE ORONO COUNCIL, AUGUST 14 , 1979 Page 9
A conditional use permit would be required for the CONDITIONAL USE PERMIT/
Auto Store as was done at the 3500 Shoreline address. BUILDING PERP7IT
Other retaiT uses would be permitted B-5 uses or 3850 Shoreline Drive
would also be subject to conditional use permit review. (Continued)
Signage - permitted is 175 sq. ft. for this lot in
the B-5 zone and should be allocated by the building
owner to each occupant with this maximum area in mind.
Access - has been reviewed by the City staff, Ci�ty
engineer, and Hennepin County with the recommendation
that it be limited to one curb cut, preferably in
joint use with the gas station.
Basic Landscaping - proposed is shown on the site plan
and was approved by the Planning Cor.unission.
Drainage - is a major consideration and occupied a
major part of this review. A ponding area is proposed
to contain runoff from this site and also to help
with existing runoff from the Co�nty shops and from
Highway #15. A drainage swale is to be constructed
bet��een this lot and the gas station to control and
direct the existing surface runoff from County #15
and Dunwoody Avenue which flows through this area.
In addition, Hennepin County P�Iaintenance is intending
to clean out and repair the culvert existing under
their driveway and the ponding area all along their
south fence line. These decisions were agreed upon
among all parties at a July 26, 1979 rieeting with
City, County, Spring Park and landowners represented.
Planning Commission recommended building plan and
conditional use permit approval subject to final
staff review of landscaping and drainage plans,
D4CWD drainage and Hennepin County access permits.
Council Meeting - August 14, 1979
Discussion included �the drainage problem, curbing,
and nercent�ges used to determine number of parking
spaces necessary for office, retail store and storage
areas.
- �
Mayor Van Nest moved, Butler seconded, to approve the
building plans for the building at 3850 Shoreline
Drive for Lowell Zitzloff, subject to approved parking,
drainage, and landscaping plans being presented at the
next Council meeting for final a�proval. r�otion,
Ayes (5) - Nays (0) .
(Continued)
� RE�ULAR MEETI�G OF THE ORONO COUNCIL, AU�UST 14 , 1979 Page 10
,
Mayor Van Nest moved, Butler seconded, to approve CONDITIONAL USE PERMIT
the conditional use permit for Lowell Zitzloff for 3850 Shoreline Drive
3850 Shorelihe Drive. Motion, Ayes (5) - Nays (0) . (Continued) �
Mr. Alan Olson, City Planner, entered into the DIVISION
record the request of PZary Staples, 860 Spring 860 Spring Hill Road
Hill Road, for a subdivision, dated August 9, #488
1979 , which states: Mary C. Staples
�
Ms. r4ary Staples, 860 Spring Hill Road, seeks final
approval of a metes and bounds division of two parcels:
one a 10. 5 acre lot and the other a 29. 5 acre lot.
The ten acre parcel containing the house and farm
buildings will be purchased by the Spring Hill
Center. The remaining property is scheduled for
future development with sufficient access from
both Spring Hill Road and County State Aid Highway
#6. Planning Commission has asked for certification
of setbacks of the existing structures by the surveyor.
Staff recommends approval based on receipt of all
the� items requested in the Zoning Administrator' s
memo of July 27 , 1979 and subject to the enclosed
resolution.
Council Meeting - August 14, 1979
Mr. Robert Diitchell, attorney for P�s. Mary Staples,
was present.
Mayor Van Nest rnoved, Hurr seconded, to adopt Resolution RESOLUTION #1059
#1059 , A Resolution Approving A Subdivision For Mary P�ary Staples
C. Staples, subject to legal review by the City Attorney. 860 Spring Hill Roac
PZotion, Ayes (5) - Nays (0) .
The City Council requested staff to write a letter
to the Spring Hill Center stating that the 10. 5 acres
is not zoned for a conference center.
Mr. Alan Olson, City Planner, entered into the record CONDITIONAL USE PERP
the conditional use__ permit request of KK & Kompany, 1140 North Arm Drive
1140 North Arm Drive, dated July 27, 1979 , which states: #489
KK & Kompany
This application involves two parties: Leo Duehn,
the property owner, and Keith Katcher/Tony Brown,
operators of KK & Kompany.
Mr. Duehn operated an auto body shop on the property
for many years - recently as a non-conforming land use
in the LR-1B zone. This use was discontinued about
a year ago when rir. Duehn' s health declined.
'(Continued)
� REGULAR riEETING OF THE OROi10 COUNCIL, AUGUST 14 , 1979 Page 11
Since then, KK & Kompany have leased the building CONDITIONAL USE PERMI'I
and approximately 50 ' X 150 ' of land for the boat 1140 Pdorth Arm Drive
rePair busin�ss now operating. Also, Mr. Duehn (Continued)
is also storing boats on the eastern part of the
property behind his house.
KI: & Kompany employs five full-time employees
(3 for engine repair, 2 for boat refinishing) .
In the winter, the operation slows down to two
�ull-time employees. The hours of operation are
7: 00 A. P4. to 6 : 00 P.M, but in the sur,uner, it
could extend to 8: 00 P.M. depending upon work
load. A limited amount of auto repair is carried
on in the winter months.
The issues are: 1) to decide whether or not boat
repair is the same or similar use as auto body
repair; if so, the conditional use permit for
non-conforming land use can be continued; 2) to ,
decide whether or not the boat storage near
Mr. Duehn' s house is a separate use or a continuation
of the boat repair business; 3) if either of these
land uses are acceptable, to set conditions necessary
to protect the neighbor' s property interest.
Staff inet with r2r. Katcher, rsr. Duehn and four
neighbors on the property on August 3, 1979 . All
neigtibors were in favor of issuing the conditional
use permit for the business as it now operates,
including the boat storage in the rear. None had
any complaints.
I concur with the Planning Commission recommendation
to approve the conditional use permit except that
annual review is probably not necessary, and the
comments about boat storage height are vague. Perhaps
a limit on the number of boats, or a stipulation
that the larger boats be stored behind the garage
along the north property line ratlier than in the
center of the yard, would be more definitive. -
Council Meeting - August 14 , 1979 ,
Mr. Duehn and P�sr. Katcher were present concerning
their coriditional use permit for 1140 North Arm Drive.
Massengale moved, Butler seconded, to table the
rec�uest for a conditional use permit at 1140 North
Arm Drive for KK & Kompany for more fact findings
concerning the uses and for staff to Prepare a
resolution on the matter. P4otion, Z�yes (5) - rlays (0) .
REGULAR I��ETIiJG OF '�'HE OROP10 COUPiCIL, AU�US'?' 14 , 1979 Paqe 12
City Planner Alan Olson' s letter of Julv 7_6, 1979 BUILDTN� PLAN REVIEW
to Iir. Robert PoPe regarding the First National 2465 Shadywood Road
Bank of Navarre was reviewed by the Cit�� Council. �491 �
� Navarre Bank
Ilobody was present to represent the First rlational
Bank of Navarre. Discussion included the encroach-
r.ient into the LR-lA residential zone of approximately
50 ' on the site plan for the parkin_q lot instead of
the approved 10 ' variance. It v�as also noted that
the conceptually a��roved plan c�ntained 9, 60� sc�, ft.
for the new bank and not includincr the ciotted line Q
"alternate building" addition. Staff was also directed
to contact the Bank to pursue a drivewav connection
bet�•�een this pro�ert1� and Super ��alu.
"layor Van Nest rloved, tiassengale seconded, to
clarify the concePtual approval of a 10' variance
rather than a 50 ' variance, as in letter, for the
parking area for the First National Bank of_ �lavarre.
?iotion, Ayes (5) - Nays (0) .
T4ayor Van Pdest r.loved, Hurr seconded, to table for
two caeeks the ap�roval of building plans for the
First :Jational Bank of Pdavarre in order to notifv
the applicants and rec�uest chanqes in par}�ing
- locations and/or building size so that all develop-
ment occurs in the B-4 zone. PZotion, Aves (5) -
Nays (0) . +
Mr. Alan Olson, City Planner, entered into the CONnI'T'IOr7AL USE pERr4IT
record the conditional use permit rec�uest of 7.683 Casco Point Road
Loui� Smerling, 2683 Casco Point Road, dated #4q2
July 16 , 1979 , which states: Louis Smerling
Purpose - restore lakeshore slones to original
grade and to control erosion.
The applicant has held up his conditional use
application until the Alexander Holzer perrtit �aas
coMpleted. The long del�avs involved with his
neighbor' s application and the heav�� rains of this
season have created a greater potential for additional
erosion of the steep banks of his lakeshore property.
Staff has called for action on the anplication for
the July 23, 1979 neeting. -
The enclosed letters have been sent to both the
City Engineer and PiC��TD for review. `"he �roject
involves a 32' long area along the bank. The
supporting tir.iber structure or "retaining wall" will
be subsurface with the necessary plantinc�s above.
I have only one c�uestion that I will direct to the
Citv Engineer involving the temporary step after
seeding �r covering the bank with a nlastic and fiber
mulch. The rest of the project appears to meet code.
(Continued)
REG�LAR MEETING OF THE ORONO COUN�IL, AUGUST 14 , 1979 Page 13
Staff Update - Alan Olson - July 30 , 1979 CONDITIONAL USE PERMIT
2683 Casco Point Road
On July 26, 1979 , Alan Olson and �lenn Cook met with (Continued)
JiM Orr, Pir. Smerling' s engineer, on the site to
review this proposal. The bank �as slipped with
the remaining soil on about a 60° angle which
definitely needs some stabilization.
Mr. Kelley' s letter suggests one "retaining wall" ;
however, P!Ir. Orr notes that two or more subsurface 4
stabilization walls may be necessary. The purpose
of these buried "cealls" is to contain new fill so
that vegetation can be reestablished. The vegetation
will eventually do as much or more to limit future
slipage than will the wall.
Staff expects a sketch plan and section of the
proposal before the Council meeting so that the
project can be visual,ized. We also recommend
approval of the proposal without further delay.
The original slipage occurred last summer and
should be repaired before another winter freeze. "
Staff also recommends that Council consider an
amendrtent to the zoning code to permit staff review
and issuance of permits for similar corrective work.
This will serve to permit quick resnonse to emergency
shoreline protection. Particularly where the work
involves no permanent exposed structure, staff
should be allowed to permit necessary grading and/or
filling to stabilize eroding bluffs in the same
way that we now issue routine riprap permits.
Council Meeting - August 14 , 1979
Mr. & Dirs. Smerling were present_
Massengale moved, Paurus seconded, to accept the
plan as presented by Louis Smerling, 2683 Casco ,
Point Road, for a conditional use permit to restore
his lakeshore slo�e to original grade and to control
erosion, subject to no guarantee on the part of the
City that it is a workable plan. P�Iotion, �yes (5) -
Nays (0) .
�
Butler rioved, Massengale seconded, to direct staff to EROSION COI�ITROL
prepare an amendment to the zonin_q code to permit
staff review and issuance of perm�.its to residents for
the control of the erosion of their shorelines.
Motion, Ayes (5) - Nays (0) .
� R��ULAR MEETING OF THE ORONO COUNCIL, AUGUST 14, 1979 Page 14
The City Council requested staff to notify P4r. STUBBS BAY MARINA
James DZcCleary, Stubbs Bay P'tarina owner, to
present his input concerning his 1979 r,iarina
license.
Mr. Bruce Douglas was present concerning the North NORTH SHORE DRIVE MARIN�
Shore Drive *4arina 1979 license. He stated that
the Lake P•4innetonka Conservation District was �
reviewing his application and it would be presented
at the next Council meeting.
r4r. Bruce Douglas was present representing Gayle' s GAYLE' S PZARINA
Marina. He stated that Gayle Wittig had reviewed
the proposed resolution an,-� he does not agree with
the Council' s view of the underlying facts in terms
of justifying the Council' s action. He believes
that the Council' s action is arbitrary and capricious.
Mr. Douglas stated that the City Council should not
be concerned with the number of boats on the lake
but only the authorized dock use area which is an
area measured from the elevation of 929. 4 into the
lake, with the side setbacks. Mr. Douglas stated '
that he should be allowed to put as many boats into
the authorized dock use area as he wants. At this
time, he �vants ten additional slips within that dock
use area for use of company boats. r�r. Douglas
admitted that �he City had informed them before
that they could only have 134 slips in the authorized
dock use area.
Councilmember r�assengale stated that there are always
two issues in the review of the dock use area. One
is that the dock use area is to be limited as noted
in the ordinance and, secondly, the nurtber of slips
within the dock use area is to be also limited.
P4ayor Van Nest stated that these are the two separate �
issues - one, the authorized dock use area, and two,
the number of boats in that area since the number
of boats affects the overall riparian use of the lake.
He indicated that in this bay, there already were too
many boats, it was overcrowded, it was a critical bay.
There was narrow access to the bay through the channels
and he indicated that all of these reasons for limiting
the marina to 134 slips had been discussed at length
at prior meetings with the applicant and are set forth
in other resolutions adopted by the City. Upon further
discussion,
P'iayor Van Nest moved, Massengale seconded, to adopt RESOLUTION #1060
Resolution #1060 , which at the request of Gayle' s Gayle' s r4arina
Marina, clarified the prior resolution adopted by
the City limiting the 1979 license to 134 slips and
boats to be located only within the authorized dock
use area for the marina. Motion, Ayes (5) - Na�s (0) .
� RE��LAR MEETING OF THE ORONO COUNCIL, AUGUST 14 , 1979 Page 15
Butler moved, Paurus seconded, to accept the 201 ALTERNATE WASTE
201 Alternative Waste Management Study Report from MANAGEMENT STUDY*
the Metropolitan �9aste Control Cor.imission and
riichael Gaffron' s review of the study. PZotion,
Ayes (4) - Nays (0) .
Mr. Alan Olson, City Planner, entered into the UTILITY EXTENSION*
record the subdivision request of Fred Herfurth, Northgate Subdivision
2�5 North Ferndale Road, dated August 2 , 1979 , 225 North Ferndale Rd.
which states:
The developer is proceeding with design plans for
installation of improvements per the preliminary
approval in biarch.
I recommend adoption of the attached resolution
formally requesting Wayzata' s approval of the
necessary sewer and water extensions. ,
An inventory of existing sewer and water assessments
on this property indicates that the property was
originally assessed for three units (2 on Parcel 205
and one on Parcel 3600) .
The Chevy Chase project was assessed wholely on a
unit basis with $2 ,108.04 per unit being a lateral
sewer assessment and $192.60 per unit being a lift
station assessment. Because in this case, the
developer is constructing his own laterals, I
recommend charging only the lift station portion
against the additional units in this division;
i.e. 4 units X $192. 60 = $770. 40. This amount
would be payable with the fees and other charc�es at
the time of final plat approval.
Council r�Ieeting - August 14 , 1979
Butler moved, Paurus seconded, to adopt Resolution RESOLUTION #1061*
#1061, A Resolution Requesting Approval From The Northgate Subdivision -
City Of Wayzata For Sewer And Water Extensions Into Sewer & �Vater-Wayzata
The Northgate Subdivision. Motion, Ayes (4) -
Nays (0) .
Mr. Alan Olson, City Planner, entered into the PORTLAND PLACE VACATION'
record the following dated August 2 , 1979 , which
states:
The County Registrar has blocked filing of the
Nancy Moe drainage easement because one lot is
Torrens property and that certificate does not
show that Portland Place was vacated even though
other County records show the vacation. (Continued)
- R�GULAR P�'IEETING OF THE ORONO COUNCIL, AUGUST 14, 1979 Page 16
, �
I cannot locate any City records to show an earlier PORTLAND PLACE VACATION�
vacation except that we have a sanitary sewer (Continued)
easement ov�r the vacated street apparently
relying on the plat map information.
I recommend adoption of the attached resolution
to confirm the vacation for the County record, so
that our drainage easeMent can be filed.
Council r�eeting - August l�, 1979
Butler moved, Paurus seconded, to adopt Resolution RESOLUTION �1062*
#1062 , A Resolution Confirming The Vacation Of A Portland Place Vacation
Portion Of Portland Place. Motion, Ayes (4) -
Nays (0) .
2�r. Alan Olson, City Planner, entered into the RELEASE ESCROW FUNDS*
, record the following request for the release of Stielow' s Addition
escrow funds for the Stielow' s Addition, dated
August 8, 1979 , which states :
Staff inspection as of August l, 1979 , reveals
that all requirer.lents of the Developer' s Agreement
have been completed.
I recommend release of the remaining escro�a funds
in the anount of $2, 356.
Council rieeting - August 14 , 1979
Butler moved, Paurus seconded, to ap�rove the
release of escrow funds for the Stielow Addition
in the ar.lount of $2,356. Motion, Ayes (4) -
Nays (0) .
Mr. Alan Olson, City Planner, entered into the SE��TER HOOKUP REPORT*
record the following r.lemo from P4ichael Gaffron,
- Septic System Inspector, concerning the status
of sewer hookups as of August 1, 1979 , dated
August 3, 1979 ,which states:
Attached is a list of properties which have not
been connected to sanitary sewer witl�in the sPecified
time limit. Owners of these properties were sent
notice that connection was required before the
August l, 1979 deadline.
A number of these homeowners are trying in good
faith to complete the hookup and have run into
financial or technical probler.ms. These situations
will be handled by staff. I recommend that the
remaining 10 or 12 be sent a letter from the City
Attorney stating that legal action is pending and
will be comrtenced if steps are not taken imr;lediately
to complete connection. (Continued)
, RE�ULAR MEETING OF THE ORONO COUNCIL, AUGUST 14 , 1979 Page 17
Council P�eeting - �ugust 14, 1979 SELaER HOOKUP REPORT*
(Continue�d)
Butler movefl, Paurus seconded, to accept the
sewer hookup inspection report from biichael
Gaffron, Septic System Inspector, dated
August l, 1979. Motion, Ayes (4) - Nays (0) .
t�ayor Van Nest moved, Butler s.econded, to adopt RESOLUTION #1063
Resolution #1063, A Resolution Establishing �� MSA Street
Pdunicipal State Aid Highways, Willow Drive from Willow Drive
County Road #6 to Trunk Highway #12 . P�Zotion,
Ayes (5) - P1ays (0) .
P�r. Glenn Cook, City Engineer, inforr.led the City RING ROUTE
Council that construction on the ring route road
is approximately two weeks behind schedule. The
grading will be completed shortly.
Mayor Van Nest discussed the attached letter from WOODHILL AVENUE
John S. Pillsbury, Jr. , 315 �9oodhill Road, regard-
ing the private or public status of ��oodhill Avenue.
Letter - Page 18
P4ayor Van Nest requested Dick Benson, City Adminis-
trator, to write a letter of P4r. Pillsbury reassuring
him that �9oodhill Avenue is a puhlic street.
Butler r.loved, Paurus seconded, to approve the SEVERANCE PAYP�IENT*
severance payment in the amount of $2 , 874. 72 Emerson Dressel
to Emerson Dressel, retired Police Officer.
Motion, Ayes (4) - Nays (0) .
Butler moved, Paurus seconded, to approve a public PUBLIC AUCTION*
auction to be held bv the- Police Department on August 25 , 1979
Auc�ust 25, 1979 at 10 : 00 A. M. to dispose of
confiscated, abandoned, or seized property. Motion,
Ayes (4) - Nays (0) .
�
Butler moved, Paurus seconded, to accept the date FEDERAL REVENUE*
of August 29 , 1979 for the Federal Revenue Sharing Public Hearing Date
public hearing. Psotion, Ayes (4) - P1ays (0) .
Butler moved, Paurus seconded„ to terr.iinate the COrSP�iERCIAL BUILDING
services of J & S Cleaning Service and to accept DZAINTENANCE*
the proposal for cleaning services of Cor.ir.�ercial
Building Maintenance, 13220 County Road #6 , in
the amount of $352. 70 per month. P4otion, Ayes (4) -
Nays (0) .
' Page 18
JOIIN S. PILLSBIIRY.J �O� {�
/ 990 DAIN TOWER D � �L , D
T3111EAPOLI9,MINN&60TA 6b409 L' �
a14•858-�989
AUG � 19Z9,
��.� �F pRONO
July 31 , 1979
The Village of Orono
Crystal Bay ;
Minnesota 55323
Gentlemen: , �
� �
I enclose herewith a letter dated July 30, �
1979 which I have sent to Woodhill Club in refer-
ence to my interest in Woodhill Avenue. I believe
it is self-explanatory, but if there are any ques-
tions, I would be happy to discuss them with repre-
sentatives of the Village.
- As I stated in the letter to Woodhill Club,
I don't believe there is any question but that
Woodhill Avenue is a public road. If there is any
doubt about this matter, I would certainly appre- �
ciate being advised promptly so tf�at the matter !
can be appropriately investigated. �
i
I would appreciate an acknowledgement of - ;
this letter and hope that you can assure me that �
-no action in respect to Woodhill Avenue which might �
affect the public rights to the road or my rights �
to the road will be taken by the Village without �
giving me notification and an opportuni�ty to be i
heard.
�
Sincerely yours, ,
�� ;
� . /�
JSP:bp ��
� Enclosure
' , R�GULAR idE�TING OF THE ORONO COUNCIL, AUGUST 14 , 1979 Page 19
Butler moved, Paurus seconded, to accept the letter SPRING HILL CENTER*
to P2r. Charles t�alkerson, Spring Hill Center Real Estate Taxes
Business Manager, dated August 10 , 1979 , concerning
real estate taxes. Motion, Ayes (4) - Nays (0) .
Butler moved, Paurus seconded, to adopt Resolution RESOLUTION #1064*
#1064, A Resolution Requesting Plorth Piemorial Ambulance Service
Ambulance Service, biotion, Ayes (4) - Nays (0) .
4
Dick Benson, City Administrator, inforrted the City CRYSTAL BAY POST OFFICE
Council that the Purchase Agreement for the Crystal Purchase Agreement
Bay Post Office has been executed by the Talberts.
Butler moved, Paurus seconded, to a�prove the
purchase and accept the purchase agreement for
the Cr_ystal Bay Post Office. rqotion, A_yes (4) -
Nays (0) .
Dick Benson, City Administrator, presented the City HANDICAPPED*
Council with a memo from John Gerhardson, Public Council Chambers
Works Coordinator, dated August 6 , 1979 , which states:
For the program year 1978, the City of Orono allocated
funds to provide access to the Council Chambers for
the handicapped, through the Community Development
Block Grant Program.
It has been determined that to accomplish access
for the handicapped, the following changes must
be made:
l. The existing entry way must be raised to the
same level as the floor inside the chambers.
2. The double door will have to be removed and
replaced with one door of sufficient width.
3. The foyer area will have to be extended into
the Council char,ibers approximately eight inches.
We must do this to obtain the seven feet between
the outside and the inside door. It cannot be
rnoved to the outside.
4. Once the above items are completed, a concrete
ramp must be constructed. Because of the
height difference between the level of the
entrance and the parking lot, the ramp must
extend east fron the entrance and gradually
curve down to the parking lot. According
to the calculations, it should end between
the first and second evergreen trees next to
Brown Road South.
5. A railing will have to be installed at the
proper height.
(Continued)
,
� REGULAR MEETING OF �HE OROiJO COUtJCIL, AUGUST 14 , 1979 Page 20
6. Two 12' X 25' parYing spaces will have to be HANDICAPPED*
designated, blacktopped and posted. � (Continued)
7. Proper 'lighting will have to be installed. •
I will be receiving formal quotes soon.
Countil Meeting - August 14, 1979
Butler moved, Paurus seconded, to accept the
report from John Gerhardson, Publi� Works
Coordinator, concerning access to the Council
Chambers for the handicapped. Motion, Ayes (4) -
Nays (0) .
Dick Benson, City Administrator, presented the M.T.C. BUS SHELTER*
City Council with a memo from John Gerhardson, Navarre
Public Works Coordinator, concerning the I�i.T.C.
shelter at Navarre, dated Au_qust 6 , 1979 , which
states:
The t-4etropolitan Transit Commission has installed
the bus shelter at Keaveny Drug parking lot at
Navarre.
There is minor �aork to cor.lplete such as, patching
around the cement slab and installing posts to
prevent vehicles from parking to close.
I will be working with the director of street
operations at r4.T.C. to be sure the necessary
signing is completed to inform the park and ride
users of the change of location of the bus stop.
I will also be in contact with Mr. Keaveny and
the maintenance division of M.T.C. to see that
proper maintenance is provided.
It will be the City of Orono' s responsibility
to provide such maintenance as snow removal and
debris cleanup and minor vandalism.
Council Meeting - August 14 , 1979
Butler moved, Paurus seconded, to accept th�
report from John Gerhardson, Public Works
Coordinator, concerning the Di.T.C. bus shelter
at Navarre. Motion, Ayes (4) - Pdays (0) .
. RE�ULAR t1EETIiJG OF TI�E ORONO COU2dCIL, AUGUST 14, 1979 Page 21
Dick Benson, City Adriinistrator, inforr.ied the City RING ROUTE*
Council that the following properties have been Right-of taay Purchases
negotiated and acquisitions have been completed
regarding the Ring Route right-of-way purchase
and land acquisitions:
Robert Compton $9,052.56
Joe Schmitt $60 ,000. 00
The Joe Schmitt property, which was negotiated at
$60, 000 has a principal sum balance of $42 , 600 as
a prorlissory note to i�r. Schriitt to be paid in full
on January 2 , 1980, including 8g interest.
The Pririus property has been negotiated at $3 , 500
an acre for two plus acres. The purchase should
be completed this week.
These properties were approved for negotiations
and acquisitions. I do want Council approval of
these final purchases. -
Council r�Ieeting - August 14, 1979
Butler moved, Paurus seconded, to approve the
acquisition and payment for ring route properties -
in the amounts of $9 ,052. 56 to Robert Compton and
$60, 000 to Joe Schmitt, per the above memo. 2lotion,
A��es (4) - Nays (0) .
Dick Benson, City Administrator, presented the City SEWER & �9ATER n�ATE� *
Council with a memo concerning the Orono School Orono School District
District Water & Sewer Rates, dated August 8, 1979 ,
which states:
Most of you are aware of the pressure applied by the
Orono School District to receive a reduction in their
water and sewer rates over the years. �Ve he�d
several staff and Council meetings. The final results
being we denied the school a rate reduction based
. upon the theory that we should be consistent and
apply our rates as fair and equitable as possible
and not reduce rates tq a high volume user but encourage
them to conserve energy and natural resources.
We did receive a reduction in water rates from the
City of Long Lake which are passed on to the Orono
school.
This year, the School District renewed their efforts
to receive a sewer rate reduction and engaged the
L9. F. Kelly law firm to request of the i�4etropolitan
Waste Control Commission, who are responsible for
reviewing and approving sewer rates, to determine if
our sewer charges to a "public user" were justified.
(Continued)
� , RE�ULAR P4EETING OF THE ORONO COUNCIL, AUGUST 14, 1979 Page 22
This sumrter, I attended many meetings with the . SEWER & ;aATER RATES*
Deputy Chief Administrator of the *setropolitan (Continued)
���aste Control Comrnission arguing our position and
our past record of rate reviews and approvals.
Our analysis and review by staff determines that
our rates are fair and equitable, are evenly
distributed, and that we will undoubtedly adjust
our rates upward if our study determines our
anticipated revenues will not affect �ur future
anticipated expenditures.
The PZetropolitan t�aste Control Commission, on
August 2 , 1979 , ruled in favor of the City comment-
ing that Orono' s rates comply with the statutory
requirer,►ents and is fair and equitable.
One last point of information that had a little
humor; which we need . once and awhile, was, we
were meeting with P4r. Gnerre this spring and it
was determined there was a $475 surplus in the
fund. P4r. Gnerre wondered if we would reiriburse
the Orono school this amount to appease them.
I refused to consider this based upon the f_act
that one meeting with rietropolitan Waste Control
Commission staff and Orono staff averages out to
approximately $600 per meeting, which should be
reflected in our rates to our customers.
Council Meeting - August 14 , 1979
Butler moved, Paurus seconded, to accept the
above memo dated August 8, 1979 concerning the
sewer and water rates for the Orono School
District #278. P4otion, Ayes (4) - Plays (0) .
Hurr moved, Butler seconded, to approve the LAKE ACCESS DOCKS
letter to_ Mr. Ronald Gantner, 1254 Lor.ta Linda 1254 Loma Linda Avenue
Avenue, concerning private docks on public
property, dated August 9, 1979. P4otion,
Ayes (5) - Nays (0) .
�
Butler moved, Paurus seconded, to announce the TRAFFIC LIGHT MEETING*
public information meeting at the Orono School #12 & Old Crystal Bay Rc
on September 24, 1979 at 7:30 P.P•i, concerning
the traffic light at Highway #12 and Old Cr1�stal
IIay Road. Motion, Ayes (4) - Nays (0) .
' REGULI�R MEETING OF THE ORONO COUTJCIL, AUGUST 14, 1979 Page 23
IIutler moved, Paurus seconded, to approve the SALARY INCREASE*
salary increase for John Brinkhaus, Street John Brinkhaus �
Foreman, to' $18, 494 per year, effective August 6,
1979 , P•�otion, Ayes (4) - Nays (0) .
Butler moved, Paurus seconded, to invite Roland ROLAND BERGLUND*
Berglund to the next regular Council meeting to
recognize his 34 years of service to the City of
Orono. Diotion, Ayes (4) - Nays (0) . ��
Butler moved, Paurus seconded, to announce the JOINT POLICE COMMITTEE
Joint Police Committee Meeting on September 5, MEETIPIG*
1979 , to review budgets and contract. PZotion,
Ayes (4) - Nays (0) .
Dick Benson, City Administrator, � presented the TANAGER LAKE BRIDGE
City Council the following information concern- COUNTY ROAD #15
ing the Tanager Lake Bridge and County Road #15
status, dated August 8, 1979, which states:
Received a call from r2r. r7oeller acknowledging
my letter of July 30, 1979.
He commented that they would not schedule
construction start-up on the Orono Orchard Road
until the contractor completes his work on
Hennepin County #15. This is in agreement with
our action and eliminates a complete blockage of
traffic and emergency vehicles in that area.
fie will submit to us a schedule of construction
as soon as possib�e.
P�r. �ailliam Moeller Letter - Page 24
P4r. Edward A. Cashin Letter - 1lugust 9, 1979 -
Pages 25 - 28 -
PZr. Ray Folland Letter - August 9, 1979 -
Pages 29 - 30 �
S
The attached letters were presented to the City HACKBERRY HILLS SET�7EF.
Council concerning the City' s resnonse to the
2ietropolitan �daste Control Commission regarding
Hackherry Hills sewers and the interim Comnrehensive
sewer plan:
Letter from Bernard Harrington, PS[�?CC - August 13, 1979
Page 31
Letter to Bernard Harrington, P�;�CC - July 31, 1979
Pages 32 - 33
Letter from Bernard Harrington, P�9CC - Jul�� 24 , 1979
Page 34
Telephone 4737357
. Page 24
�_ -; � .
��::. �. ��=�. j C ITY of ORONO
���,� Yost Office Box 66•Cryatal Bay, Minneaota 55323•Municipal Offices
� On the North Shore of Lake Minnetonka
� - • • �
July 30, 1979
Mr. Bill Moeller
Staff Engineer
Metropolitan Waste Control Commission
350 Metro Square Building ,
7th and Robert Street
St. Paul, MN 55101
Dear Mr. N�eller :
It has come to our attention that the Tanager Lake Bridge
will be completed the week of August 6th.
In reviewing the scheduling of the placement of the Metro-
politan Waste Control Commission pipe, it is apparent that
the construction is not on schedule and will not be com-
pleted for some time.
We are very concerned with the timetable of the interceptor
construction and would like to rec.eive from you a schedule
� of completion dates when Hennepin County #15 will be open
and when construction will commence on Orono Orchard Road_
With Hennepin County #15 and Fox Street closed to through
traffic, the City Council is very concerned with initiating
construction on Orono Orchard Road until Hennepin County #15
is opened to the public.
c c
Your immediate response to our concerns would be appreciated.
Sincerely,
Walter R. Benson
City Administrator
WRB/cs
Telephone 473-7357
� ' . Page 25
i�� � 3
��. - CITY of ORONO
t�.-� �F-`
'�.= �� ,� Post Office 13ox 66•Crystal Bay, Minnesota 55323•Municipal Officea
.� -
! ��• � On the North Shore of Lake Minnetonka
• - • •
August 9 , 1�79
Mr. Edward A. Cashin
Executive Vice President
Solid Controls, Inc.
6925 Washington Avenue South .
Minneapolis, Minnesota 55435
Dear rir. Cashin:
Thank you for your letter regarding the extensive sewer construction,
bridge construction, and every other type of inconvenience that
seems to be plaguing us this summer. The frustrations have been
overwhelming. If I were not in the cross fire of complaints in
this matter, I would swear the entire matter was a conspiracy. In
hopes of answering your questions, I offer the following inforriation,
which will not immediately resolve your problems, but will steer
you to the proper persons responsible for restoring your property.
.The construction of the sewer line along your property is a project
completely administered and engineered by the Metropolitan Waste
Control Commission. They contracted the project out to Johnson Bros. ,
who are responsible for all restoration of properties in the project.
In order to create a touch of public realtions that is difficult
to receive from large government, the City of Orono took up upon
themselves to mail an information brochure to all residents i�forming
them of the major construction project. For your information, I am
enclosing this for you, which informs you of persons to contact.
I am also enclosing an information memo from the contractor with
his letterhead for your information.
t T
Needless to say, the project is behind schedule and we, to date,
are patiently waiting for a reply to our letters on the cor.►pletion
date of the projects.
Fox Street is closed for the following reasons:
The street is a City street built to accommodate 500-700 cars a day.
When the detour went into effect this spring, the traffic increased
to 7,000 cars a day, which completely destroyed the street at a
cost to the City of $15,000.
, Page 26
rsr. Edward A. Cashin �
August 9 � 1979
Page 2
Hennepin County will not reimburse us the monies required to
restore the street, which left the City no other alternative
but to close it until Hennepin County #�5 is reopened.
The condition of Orono Orchard Road is deplorable, to say the
least, and will get worse before it gets better. The sewer pipe
is not constructed in this area but is planned to be placed when
Hennepin County #15 is opened.
I realize that this does not provide any comfort to your immediate
problems, nor does it remedy the cvaste of time and fuel caused
by this construction project. I can assure you that the City
Council and staff are doing everything possible to finalize this
project as soon as possible.
Sincerely,
���� . �
Walte . �enson �
Cit Administrator �
Enclosures
c �
; ' Page 27
SOLID CONTROLS INC. 6925 WASHINGTON AVE.S.• MINNEAPOLIS,MN,U.S.A.55435 • 16121941-6110
l;
♦ EDWARD A.CASH�N /f � �
EnC[U1�vE ViCC PAESiDEHT \\(l.� �� � D
,T��
o ��
August 7 , 1979 .�-�g
P�' 8
Hon. Brad Van Nest �RoNO
Mayor, City of Orono � QF, �
City Hall , 1335 Brown Road S . G��' i
Orono, Minnesota i
i
Dear Mr. Van Nest : i
i
Not really knowing exactly who to contact on the following �
matters, I as a long time resident of Orono , decided to write ;
to you and apologize for bothering you. �
We reside at 1305 Shoreline Drive and our property has a 400' to �
500 ' frontage on Shoreline Drive (County Road 15) . As you no doubt '.
know a sizeable sewer project was commenced several months ago , ,
which entailed some rather deep trenching all along our property,
removing several trees and considerable lawn, along with our mail
box and an important culvert under our driveway entrance, plus
the driveway apron. Since we only occupy our home for about six
months during the su�er months , i. e. May to November, we do take
considerable pride in maintaining our property and I might add,
at a substantial cost.
jJe were assured that the entire stretch would be resodded, the
culvert replaced (��ater is standing all along the road) , driveway
apron redone, trees replaced, etc. , by June 15th. Nothing what-
soever has been done.
On the mailbox matter, we have had to pick up our mail at the
Wayzata post office which is not only a nuisance but a waste of
quite a lot of gasoline, etc. The post office has very stringent
requirements as to the placement, height , surface conditions, etc.
and there is no way to meet these specs due to this "sewer exca-
vating. " Also, we have foregone having our entire driveway black
topped, as we do each year due to the large amounts of mud and
gravel brought up by each car coming into our gate. I would like
to discuss the possibility too of some cost sharing when, as and
if all of these conditions have been remedied and we can recover
our driveway.
, � Page 28 '
SOLID CONTROLS INC. 6925WASHINGTONAVE.S.• MINNEAPOLIS,MN,U.S.A.55435 • 1612) 941-6110 '
:
" .
♦ EDWARD A.CASMIN
E%ECUT�VC VICC VRCSIDENT .
Hon. Brad Van Nest '
Page 2 '
August 7, 1979 �
i '
�
The second matter. has to do with the detouring of County '
Road 15 due to the bridge work under way. If you wanted
to get to Excelsior you would go west along Shoreline Drive
to Orono Orchard Lane, turn north for about 1 block to Fox
Street. Incidentally the road condition of this one block '
north from County 15 to Fox Street is a disgrace. Then you
would turn west on Fox Street and go to Brown Road. But no :
again. Fox Street has been closed the past few months .
It is all resurfaced but not useable as it is closed off on
the west end with a pile of gravel , for some reason. This ,
then necessitates going north on Orono Orchard Lane all the
way to Long Lake, then south on Brown Road, many miles out
: of the way. No one seems to care about the gas wasted.
; I assume that none of these problems are in your jurisdiction,
but if I were the Mayor 9f Orono I ' d sure have someone on the
carpet and find out who is competing to be the slowest operator �
in the county. The whole thing is really absurd. Thanks for
listen' g. I
i
� v .
' A. n
T S
�
�
' � �
�
�
1
�
, Telephone 473-7357
` � �age 29
^ .� i.,- •
K�; 3�1' - .
3 � = �- CITY of ORONO
�:�T..��..: �.:R:.
, _;;,�;;�,:�;�:..
^�=-" •> Yust Office 13ox 66•Crystal Bay, Minnesota 55323•Municipal Offices
• u
.'s,:.�� -: -
='." .4� 4,�_, ,
On the North Shore of Lake Minnetonka
..• - • • .
'r:'_r�"
August 9, 1979 �`
P4r. Ray Folland
Director of Construction
Pietropolitan Waste Control Commission
. 350 Metro Square Building
7th & Roberts Streets
St. Paul, P4innesota 55101
Dear Mr. Folland:
Throughout the construction of the interceptor, the City of Orono
has been patiently waiting for an update of the progress of the
interceptor and what is the planned schedule for completion.
Throughout the past weeks, it has become evident to us that the
progress of the placement of the pipe has reached a point of
frustration. We hear rumors of stop work orders; we see crews
stopped from working, which indicates to us that the project,
which is definitely behind schedule now, will only be delayed
furth�r.
In r,ty discussions with Mr. Lyle Swanson, McCombs-Knutson Engineer,
early this sur.imer, the City of Orono was concerned with the delay
in determining where the interceptor was to be placed when it
was discovered concrete was present under the existing blacktop.
� Several weeks went by before a change ordPr was authori.zed and
crews were allowed to work west of the Tanager Lake bridge. These
delays have caused the total project to be several weeks behind in
schedule and is causing an extreme hardship for all the residents
in the area.
[ T
Since the interceptor project is engineered and administered by the
Metropolitan Waste Control Comr.tission, we feel it is the Commission' s
obligation to inform the City of delays in the project and when
we might expect the project to be completed. The contractor has
requested permission from us to start construction on the Orono
Orchard Road but since construction on this street would only prevent
er.mergency vehicles from serving the area when Hennepin County #15
is closed, we have told him we are waiting to receive a schedule of
opening Hennepin County #15 frorl the Metropolitan Waste Control
Commission.
. Page 30
� � Mr. Ray Folland
August 9, 1979 �
Page 2 ,
I would appreciate hearing from you at the earliest possible
date before other Council action is taken.
�incerely,q
��,�'
Walter , e�1 son
City dministrator
cc: Mr. William Psoeller �
Mr. Lyle Swanson !
Mr. Herbert Klossner
. �
. �
:
_
t
�
j
. , '.
f �
� 1
,
�
;
�
I
� C
filET�20POLITRfI
WPITE Page 31
� �OfiT(;OL .
comm�f�ion
� � August 13, 1979 -
Mr, t�Jalter R. Benson
City Administrator
City of Orono
P.O. Box 66
Crystal Bay, Minnesota 55�23
Dear Mr. Benson:
This letter is in response to your letter of July 31 , 1979 regarding
the interir� comprehensive sewer plan for the City and specifically
the permanent means for sanitary sewer service to the Hackberry
Hill area.
The Cormission would like to corr�nend your City and the Cities of
Medina and Long Lake for their ability to work toqether and solve
your joint sewer problems.
It was indicated in your letter that an enqineering report has been
approved by the cities and they have agreed to proceed rith the
project. The Cormission would like to have a copy of this report
submitted to us, along with copies of any intercorrmunity a�reements
regardino the continued billing of customers located within the
joint service areas. Upon receipt of this information the Corr�nission
wi11 be able to give further consideration to the interim csp for the
c;ty.
If you have any questions, please contact our office.
Very truly yours,
,<.r�.�-���j �z-�-c:.� �
/
�Ber ard �9. Har`r n ton
- � Director of Engineering , -
BJH:DSB:nc
cc: Barb Moeller, MC
�
1 ��� �
o � � ��- D
{�UG 1� 19�9
� C1.�( �F ORpNO
350 fT1ETR0lOURRE BLDG. _
7TH 6 ROBERTlTREET/
!RI(1T PRUL f11f155101
612 222•8423
1� ^
Telephone �737357
, � '- �age 32
� � � C I TY of URONO
Yoat Office Box 66•Crystal Bay,Minne�ota 55323•Municipal Offices
• On the North Shore oj Lake Minnetonka
• - � •
4
July 31, 1979
Mr. Bernard J. H�rrington
Director of Engineering ,
Metropolitan Waste Control Commission
350 Metro Square Building
7th and Robert Street
St. Paul, MN 55101
Dear Mr. Hanington:
We are in receipt of your letter requesting information regarding
the installation of local sewer service to the Hackberry Hill
area, I offer the following information for your review and
comments,
The Hackberry area is now being served by sanitary se�ser which
is being discharged into the Long Lake system. When the Orono- -
- Long Lake interceptor is completed this fall, all sewess in the
area will event�ally discharge to the Blue Lake Treatment Plant.
Since the Hackberry sewer construction and the completion of an
agreement with Long Lake, the following events have taken place.
During the spring of 1978 the Medina City Council approached us
requesting participation in a community sewer plan that would
relieve the �iedina Morningside on-site septic system sewer `
problem. On June 15, 1978, the Orono City Cou�cil officially
responded to Medina agreeing to cooperate with the City of
Med ina.
October 1978, McCombs Knutson Associates, Inc. completed a
preliminary engineering report documenting the on-site disposal
system failures prevalent within the Medina Mnrningside area,
and recommended construction of sanitary sewers throughout the
� Mr. Bernard J. Ilarrington
� . ' � Page 2 . . Page 33
area connecting to the existing Orono sewer line that is avail-
able near the Orono High School. Included in the engineering
report is a proposed Long Lake bypass line. We will all benef it
from this line. The bypass line will allow the 25 units in the
Hackberry area to remain connected to the Long Lake system wh ile
substantially reducing the f low of sewers where Long Lake has
experienced backups in the past. Orono also benef its in that
additional connections will be available for future hookups while
allowing additional capacity in the Long Lake' s system. Medina
benefits in that a sewer outlet through Orono is made available
to the Medina Morningside area.
The City of Orono, the City of Medina, and the City of Long Lake
have all. approved the engineering report and have agreed to
proceed with the project. Meanwhile, the City of Medina has
applied for a grant, which I understand should be approved this
fall, with a construction start next spring, 1980. -
We are most anxious to complete the camprehensive sewer planning
process. If you have any further questions, or if you wish .
further infonnation, please feel free to notify me as soon as
possible to allow us to adhere the timetable that is before us.
Sincerely, �
�r . Benson
1
City dministrator -
WRB/cs -
t t
ff�fTROPOLfTRfI
U:9AtTE. ' Page 34
COs'1TR0'L -
COf71(1111I10f1
1... _ , , .
July 24, 1979
4
�
Mr. Brad Van Nest
Mayor
City of Orono
3295 Carman Road
Excelsior, Mn. 55331
D��ar Mayor Van Nest,
T� this date the Metropolitan Waste Control Corr�nission has not
received a description or a tenative time schedule regarding
installation of local sewer service to Hackberry Hills as re-
quested in our letter dated March 15, 1978.
This informa�ion is rec; iired bef:�i�e any further progress can be
made in processing your i:,�erim com;,rehensive sewer plan.
P1 ease contact us i f you hav.; a;,y �i�esti on i n thi s regard.
Very Truly Yours,
ernard J. ringto�n� �
Director o ngineering
BJH:TFK:bb
CC:Metropolitan Council
� �
350 f11ETR0/OURRE BLDG.
7TH 6 ROBERT/TREET!
/RIf1T PAUL fT1f155101
612 222•8423
�
♦
� � R�,GULAR PZEETING OF `"HE OROiIO COi1r1CIL, AU�USm 14 , 1979 page 35
Dick Benson, City 1ldministrator, informed the City C. PAUL PESEK*
Council that Mr. C. Paul Pesek, ��ho resigned fror.l
the City Council because of business reasons, will
be leaving the area permanently in Septer_lber.
�4e will recognize him at our August ?_8 , 1979
Council meeting for his �ontrihution to the
corinunity while serving on the City Council.
Butler moved, Paurus seconded, to invite C. Paul '�
Pesek, former Councilmember, to the Council meeting
of August 28, 1979 , to recognize his services to
the City of Orono. P4otion, Ayes (4) - Nays (0) .
DicY Benson, City Ac1r►inistrator, nresented the WEST FERNDALE & *
City Council with a r�emo concerninc� the ��Test P4INNF'�'ONKI� BLUFFS
Ferndale Road and Piinnetonka Bluffs area sex�tic Sentic Systems *
systems, dated August 6 , 1979 , which state:
With the completion of_ our on-site disposal system
ins�ections at �9est Ferndale and the P'[innetonka
Bluffs areas, it has been deterr_Zined that these
areas should be a priority in being served with
municipal sewers.
��e want to arrange a nublic inf�rmation meeting
with the affected propertv owners in Septer*tber.
At this rieeting, we should identify �•�ith the
property owners their individual septic tank
prohlems and wh_y they cannot be brought un to
an accex�table standard or repaired. [•7e also �aant
to deterr►ine if funds are available to assist
individual owners or persons on fixed or low
incomes. We want to involve our City Engineer,
14r. Glenn Cook, to follov� through the entire
process. I am sure _youu are all acaare of the
problems that surfaced with our last project, and
we want to establish a record of rationale of
why it is riandatory to sewer this particular �area.
Assessments are of concern to all of us and they
have to be justified.
After our public inforr.iation meeting, ��e �vill �ollow
un with a public hearing some time in Pdover�er. By
then, the Engineer should be pre�ared to di�cuss
with the benefited property owners the feasibility
of this project, and develop a prelir.►inary enqineerinq
report.
The public infornation meeting and Public hearing
should be arr_anc�ed for an eveninc� that is not a
regular Council meeting night in order to allow
su�ficient tir.le f_or reviews and propert�� owner innut.
� (Cont�nued)
.
` REf�ULAR P�iEETING OF THE ORONO COUrdCIL, AUGUS'^ 14 , 1979 Page 36
If all goes well, and the project is determined T-1EST FERNDALE &
feasible, we should be prepared to construct MIrINETOPdICA BLUFFS
sewers in this area in 1980. (Continued)
Please maintain a coriplete file on this nr�ject
and submit all data and information to Alberta
for her file also.
Council P4eeting - August 14, 1979
�
Butler moved, Paurus seconded, to hold a public PiJI3LIC INFORr'IATIOPI
information rleet�n�? concerning the rsinnetonka r'IFETIrI� DATE
Bluffs and [Vest Ferndale area septic syster.m P'[innetonka Bluffs &
probleMs on September 17, 1979 at 7 : 30 P.P1. `9est I'erndale
P4otion, Ayes (5) - Na��s (0) .
Butler moved, Paurus seconded, to anprove the SALARY INCREASE*
, salary increase for Jerome Smith, Utilitv rqechanic, Jerome Smith
to $7. 25 per hour, effective August 6, 1979.
Motion, Ayes (4) - tiavs (0) .
Butler moved, Paurus seconded, to employ Kevin TEMPO?2ARY EMPOLYMEP7T*
ti•Jagrman for termporary work in the Street Depart- Kevin ?�lagman
r.ient at a rate of $2, 90 Per hour, effective
August 20, 1979. PZotion, Ayes (4) - Na��s (0) .
Butler moved, Paurus seconded, to emnlo�� Tom TEr�[POTtARY Fr7PLOYMFNT*
nuady for temporary work in the Street Denart- Tom nuady
ment at a rate of $2. 90 per hour, effective
August 20, 197�. ?iotion, A��es (4) - i7ays (0) .
Butler moved, Paurus secondecl, to approve the CON"_.'RACTOR' S ESTIrZATE
payrtent of_ $55,457 to Buffalo Bituminous, Tnc. , #1 *
Contractor' s Estinate #l, r'iotion, Ayes (4) - Buffalo Bituminous
Nays (0) .
Butler moved, Paurus seconded, to approve the CONTF2ACTOR' S ESTIDSATE
payment of $36, 513 to Buffalo Bituriinous, Inc. , #2*
Contractor' s Estiriate �k?. . *Zotion, Ayes (4) - Buffalo Bituminous
P1ays (0) . �
P�Ir. Bruce Psalkerson, City I3ttorne�, informed the P�EDINA SE?�TER AGREEt4ENT
City Council that he has sent a draft of the
proposed agreement between the City of Medina
and Orono to therl regarding the proPosed sewers.
for their review.
�
,♦�
,R�ULAR MEETING OF THE ORONO COUi1CTL, AU�UST 14 , 1979 Page 37
��N
Hurr moved, Paurus seconded, to table the r4iJNICIPAL BONDS
rec�uest of the First National Bank of tlavarre Navarre Bank
` for a resolution on additional municipal bonds,
until more infor_riation is avai.lable. t�otion,
Ayes (5) - Nays (0) .
Butler moved, Paurus seconded, to approve the LICENSES*
following licenses: i'totion, Ayes (4) - Nays (0) .
4
Brauwarta Well Cor.�pany - Well Driller
City View Pluribing & Heating - Plumber & Sewer Hookup
Butler moved, Paurus seconded, that the All Funds BILLS*
Accounts 4049 through 4130 , 11691 through 11693,
7896 through 7940 , 10749 through 107451 and
Lic�uor Store Accounts 13190 throuc�h 13217 , be paid.
Motion, Ayes (4) - Pdays (0) .
Butler moved, Paurus seconded, that the meeting be ADJOURr1r4ErdT
adj ourned at 11: 4 0 P,r4, i4otion, Ayes (5) - Navs (0) .
;
/ _
i ;
T+lilliarm B. Van Nest, Dsayor
/ .
s��
/ �
Attest�; Ci"�� ra��_�,
���alter . Benson, City Administrator
c