HomeMy WebLinkAbout08-28-1979 Council Minutes � cTTY or o�oNo
Regular Pleeting of the Orono Council, 7 : 00 P.r�.
Auc�ust 28, 1979
The Orono Council r.iet on the above date with
the following rier�bers present: riavor Vanilest,
Councilmer,ibers Butler, Hurr, and P4assenqale.
Councilmember Paurus absent. Also present: City
Adr.linistrator Benson, City Planner Olson, Citv
Attorney rlalkerson, City Engineer Cook, and
City Clerk Strom. 4
P4a;�or Van Nest announced to the public that the C. PAUL PESEK
C. Paul Pesel, farlil�� moved out of their home on
Tuesday, August 7.1, 1979 and �aill he relocatinc�
in St. Louis this weekend and that Paul cannot
attend tonight' s Council meeting. I�e stated that
he and Dick Benson had lunch �aith Paul on ti9ednesdav,
Auc�ust 22 , 1979 and presented him �aith a silver
lapel pin with the inscription, "Paul Pesek,
Former Orono Cotincilman" with the Orono locro at the
top.
PZayor Van Nest inf_orried the nublic that Z�'ir. Roland ROLATID BERGLUND
Berglund, former Orono rark Comriission �erlher,
�aas present to receive a Plaque coi-unemoratinq his �
36 years of service to the Cit�� of Orono. r7a��or
Van rlest also presented Mr_ . Berglunc� with a Lifetirle
P�embership Certificate from the Orono Golf Course.
Playor Van rdest recessed the Council meeting for ten [�1ALTER R. BENSON
minutes and read Resolution #�1, 000, 0�0 , A Birthday Resolution �1, 000 , 000
Resolution For i�alter R. Benson, af_ter ��hich coffee
and cookies were served to the }�uhlic.
The Council meeting reconvened at 7 : 10 P.T�4.
►UIr. Dick Grundmeier, Johnson Bros. , �aas present to COUr1TY RnAD �15
discuss the progress of Countv Roac� 15. He stated Dick �rundmeier
that in apProxirlately f_ive davs Countt� Road 15 south
of the Tanager Lake bridge would he comPleted and �
work started on the north side by '^hursdav of next
weeY. He stated that there have been man_y prohlems
due to change orders and unusual contract chanc�es.
He stated that if the Countv had not created so
rlany problems thev would bef _f_inished �•�ith the road
and everything restored by this time, also that the
anproaches to the bridqe were not finished, but that
they ��ould be working ten-hour da��s and Saturdays,
�oeather permittinc7.
REGULAR MEETING OF THE ORONO COU?1CIL, AUGUS�' 28, 1979 Page 2
Butler moved, Hurr seconded, to approve the CONSENT AGENDA*
Consent Agenda* , suhject to excluding items
6 , 7 , 9 , 12, 24 , and 41, with all staff data
and supportive inforrnation to be includec� in
the P4inutes in the seq_uence they occur. T4otion,
A��es (4 ) - Nays (0) .
Lee Tormlinson, Park Commission Chairman, was PATtK COP�'Ir4ISSIOPI REPORT
4 present and commented that Orono was denied
funds from LAWCON/LCP�R programs where it was
stated: "Applications not considered for funding
due to being general rural use areas and active
recreation projects" . He informed the Citv Council
that they would try again next ��ear for funds.
Mr. Tomlinson also informed the City Council that
the Army Reserve would not be able to build a Bahe
Ruth field this year but probably next year at ,
Bederwood Park.
rZr. Tomlinson next brought t�*� the sub��ect o{ Su*�mit
Park stating that the Park Comriission was in the
process of makinq a list of things to be done.
PZayor Van Nest reminded him that it has not been
decided �et as to the use of the Dayton property,
referred to as Summit Park. The PZayor stated
that the property was accepted without an_y conditions
and the City Council will deterrline at a later date
a use for the property.
The I2ayor thanked Lee Tomlinson, Les Kelle1�, and
Roland Berglund, Park C�runissi�n r�eribers nresent,
for their contributions to the Citv of Orono.
No corunents from the Lake r4innetonka Conservation LPZCD REPORT
District representative.
No comments from the Planning Commission. PLANPdINC� COPu?ISSION
Alan Olson, City Planner, announced that a rieetinc� COMPREIiENSIVE PLANNING
concerning the comprehensive nlanning will be held
Wedne;day, August 29, 1979 at 9 : 0� A. P4, in the
City Office.
t10 cor.unents from the public present. PUBLIC COMr4ENTS
REGULAR P7EETIPIG OF '�'HE ORONO COUNCIL, AUGUST 28 , 1979 Page 3
Mr. Alan Olson, City Planner, entered into the SUBDIVISIOrd
r_ecord the request of Ken Chaprlan, 2695 Shadywood 2695 Shadywood Road
Road, for a subdivision, dated Auc�u�t 22 , 1979 , �#�28
which states: Ken Chanman
r2r. Chapman, 2695 Shad��wood Road, seeks preliminary
approval of a t�vo-lot subdivision of 1. 90 acres
creating substandard lots in a one-acre minimurtt
zoning district. Each lot will consist of 0. 95
acres requiring4 a variance of 0 . 10 sq. ft. or
5o . `^he existing access has been approved for a two
lot plat by the Hennepin Count�� Highwav Department.
The plat will be served b1� the existing driveway
that will require an access easement fror.l the east
lot in favor of the west lot. Only the west lot
is to have riparian rights. All new structures
must meet setback requirements because no variances
will be allowed. The existing house on the property
must be removed before a building permit is issued
for lakeside lot. Water and sewer service would
have to he approved for the newly created lot.
Brief History - I have enclosed the Planning Commission
P4inutes covering the long "dravm out" review of this
subdivision and their recornrlendation of August 13,
1979. The delays involved the anplicant' s absence
at nrelirlinary rleetings, Planning Cor.lmission' s rec�uest
for applicant to acquire additional land from neighhor
to the south, Council' s decision on the ��Tatson and
���illiams area variance anplications. At this �oint,
r4r. ChaPman needs a decision by Council be.fore� he
proceeds with expensive remodeling and an addition
to the existing home. If he is allowed to plat,
a ne�a home would be located closer to the lake
affording adequate setback froM the division line.
Planning Commission approved plat based on the .following
findings:
l. Degree of area variance is minir,�al - no other
variances rec;uired.
2. Surrounding neighborhood consists of substandard
lots - in consideration of area surveys of lot
for T�atson application #462.
3. Sewer and water avai'lable _for newlv created lot.
4 . P10 additional curb cuts off County Road 19.
Conditions of approval
1. Payment of �ark dedication fee of 5440 for ne�al_y
�xeated lot.
2. Existing driveway to serve as access road and
curb cut to not exceed 22 ' , necessarv deeding
of easement to accorlpany plat. (Continued)
REGULAR r2EETING OF THE ORONO COUrICIL, AU�USm ?_8 , 1979 Page 4
3. �xisting house on lakeshore lot to be removed SUBDIVISION
before building perr.iit is issued for new home. 2695 Shadywood Road
Council should consider a request for temnorary (Continued)
occupancy o.f house until new one is available.
4. West lot only, to have riparian r�ghts.
5. No setback variances to be granted for construction.
Council P�eeting - August 28, 1979
Hurr moved, Butler seconded, to apProv� the preliminary
subdivision request of Ken ChapMan, 2695 Shad�rwood
Road, per the Planning Commission recomrnen�ations of
August 13, 1979 , subject to removing existing house
before building permit is issued. Motion, Aves (a) -
Nays (0) .
Mrs. H91zer, her attorney Robert rditchell, and CONDITIOPJAL USE PER^4IT
P4r. Downey were present concerning the conc�itional 2677 Casco Point Road
use permit application of Alexander Holzer, 2677 Casco #436
Point Road. Alexander Holzer
Mr. r'Iitchell reviewed his letter of August 23 , 1979
explaining his revised plan with pictures and a diagram.
He stated that there svould not be anv underqround
pipes and that the installed ones woulc� be rer.ioved.
Discussion included the ground elevations and drainage.
2•�r, ilitchell stated that the elevation is eiqht inches
higher than Mr. Smerling' s yard. P4r. Downev stated
that no fill has been brouc�ht into the Holzer property
whereas, r'Irs. Holzer stated that dirt from the foundation
was spread over the yard when it was installed.
I�2ayor Van Nest directed Mr. Mitchell to nresent to the
Citv Council a topo showing finished elevations anc�
drainage plan.
Mr. Gilbert, rZr. Smerling' s attorne��, stated that
Mr. P4itchell has presented the same x�lan as previously
presented and does not feel that the Holzer' s have
complied with Council direction.
Massengale moved, Butler seconded, not to accept the
plan as presented in r4r. P4itchell' s letter of
s
August 23 , 1979. A'Iotion, Ayes (4) - 2•days (0) . �
Mayor Van Nest rioved, P�assengale seconded; to direct
P�r. Plitchell to present a plan showing elevations
of Holzer' s house, yard and adjacent ��ards; that no
blocks be exposed at the front of Holzer house on
the south side and all around to a point �ahere the
present wall intersects the 75' line on the Do�aney
side; that the wall on the Downey side, behind the
75 ' line, be stepped up to the heic�ht of the wall
between the two houses; that the wall he removed
two blocks from the front o.f Holzer house hack to (Continued)
REGULAR A'IEETIP1l� OF THE ORONO COUP7CIL, AU�US'?' 28 , 1979 Page 5
the- garac�e; and to see the ramp, that is to be CONDImIONAL USE PERr'IIT
constructed, and able to understand the swales and 2677 Casco Point Road
how storm water plan will be drafted; dYainac�e to (Continued)
be natural over the grass, not an�� artifical
structures, such as blacktop, swales, �ipes or
concrete, but before being directed to the
lake, running north and south; and anv excess fill
to be removed for the finished plan, rRotion,
Al�es (4) - P1ays (0) .
4
T4r. Alan Olson, Citv Planner, entered into the CONDImIONAL USE pERP1I1
record the rec�uest of Richard Proudfit for a 3220 Navarre Lane
conditional use nerr.lit for 3220 rlavarre Lane, ;#459
dated August 22 , 1979 , which states: Richard Proudfit
The attached covenants were drafted and sent to
��r. nuello, attornev for PSr. Proudfit. mhey
rec�uire signatures ��� ?"_r,proud�it and by P'Ir. ��Tatschke.
As of today, we have not received a signed cony.
For August 28, 1979 meetinc�, I recommend the following
action: If the covenants are signed: a motion to
deny the conditional use permit application as an
illegal non-conforming use, instructinq staff to
record the covenants and to enforce the terrlination
of such use after Julv l, 1980.
If the covenants are not signed: a motion instructing
staff to draft a resolution, siinilar to the convenants,
but calling for immediate enforcement to terriinate
the illegal non-conforrling use.
Council Aseeting - August 28, 1979
P�Zr. Olson informed the City Council that neither
Mr. Proudfit nor rsr. Taatschke have signed the covenants;
also that a letter was received from I4r, nuello, dated
Auc�ust 20, 1979, �ahich included a signed statement
. from P�r. Proudfit terminating his non-conforming use
at 3220 ilavarre Lane as of July 15, 1980.
Letter - August 20 , 1979 - Pages 6-8
r4a��or Van Nest moved, Hurr seconded, to direct sta.ff to
retract the oric�inal agreement and draft a resolution
to imnediately enforce the zoning code to terminate
the non-conforming use as of Auc�ust 28, ?979, but that
Council might reconsider if covenant is signed. Motion,
Ayes (4) - Nays (0) .
• � • Page 6
ALr.nx T. Q o ._.Atto�n�y at �aw �
(�� � 401 EAST LAKE STREET
�A\�,\J
WAYZATA. MN 55391
�1�' TELEPHONE 473-7326
OC, AREA GODE 612
�1 �g�
G �'
� 9�O�d � August 20 , 1979
p�r, q
G�-�'
City of Orono
P. 0. Box 66
Crystal Bay , Z�SN 55323
Re: A-1231 N459 Conditional Use Perriit at 3220 Tlavarre Ln.
Attention r1r. Alan P. Olson, Village Planner ,
Dear Mr. Olson:
I am in receipt of your letter bf August 6, 1979 to which
you have attached an agreement entitled "Declaration of
Covenants , Conditions and Restrictions" .
The agreerlent is well-written and lengthy, and the point of
it appears to be clearly that the City of Orono does have
ordinances that have been properly enacted and are for the
purpose of promoting health, safety, order, convenience,
prosperity and general welfare for the City of Orono. The
agreement goes on to state that the City has the right to
enforce said ordinance.
P�ir. Proudfit has not and does not dispute either of the above ,
and acknowledges that M.S.A. Sections 462. 01 and 462. 02 have
already created the authority to enact ordinances and to
enforce them. (See copies of statutes attachec�)
- The agreement is entitled "Covenants , Conditions and Restric-
tions" and is in the form of covenants and restrictions that
are norr,�ally placed upon property by developers to give them
the protection they wish to exert over the property they
are developing; however, in substance, it restates an
ordinance that is already in effec�t.
It is my understanding that:
l. An ordinance may be passed under the specific powers
of a municipality M. S.A. 412. 221 and also under Ai. S.A. 462. 01 ,
and that it may enforce said ordinances under M.S.A. 462. 02.
It is ac}:nowledged that the City may enforce said ordinances
under its statutory authority. .
Page /
. . , o [� C� C � � � ; j .
. , �
� ,
� Rl1G 27 I9`i 9
Page 2•
August 20, 1979
City of Orono CITY OF Or���.
Atten Mr. Aian P. Olson, Village Planner
----------------------------------------
2. Covenants and restrictions are for the benefit of the
developing p�operty owner and are enforceable by the party r�
who develops or prepares the co��enants and restrictions.
In order to check my thinking as to the above matter, I spoke
to Mr. Richard Edbloom, the Eya�-niner of Titles for �?ennepin
County. He concurred totally and stated that the agreer.;ent
was an attempt to make an already valid and enf_orceable zoning
ordinance into a restrictive covenant. T'.e stated that it ap-
peared to be redundant and that if it affected Torrens property,
he very likely would not allow it to be recorded. (Article IV
of the agreement states that the City may file a copy)
It is my recommendation that Mr. Proudfit siqn a stater•.lent
that "he agrees to terminate his use of the nonconforru ng use
on or be`ore July 15, 1980 and that no other nonconforming use
of the land shall be substituted in its place. " Accordingly,
D1r. Prou�fit will execute such an aqreer�ent for the Village ' s
files. (Your counsel has recomnende� such a staterient in
Article III , page 4 of the agreement prepared)
Respectfully,
, �
;
1
�;`� ` `
EY
ALLAN T. QUELLO -
ATQ/dlh
Enc.
.
Page 8
. . . . � � � � QV �
D
AUG 27 1979
August 27 , 1979 CfTY. OF. ORONO.
TO: City Council
City of Orono
4 �
THE UNDERSIGNED agrees to terminate his use of the
nonconforming use of the land at 3220 Navarre Lane on or
before July 15, 1980, and that no other nonconforming use
of the land shall be substituted in its place.
l � .
. ,
BY
.
t •
RFGULAR PZEETITIG OF THE ORONO COUNCIL, AU�US^' 28 , 1979 Page 9
Mr._ _�lan Olson, City Planner, presented the City CONDITIONAL USE PERM?T
Council with a draft of a resolution for the 1140 rlorth Arm Drive �
conditional use perrlit for Keith Katcher and Leo #489
Duehn, 1140 North Arm Drive. KK & Kompany
Councilmember Hurr stated her reasonsfor with-
drawing this item from the Consent Agenda*
included:
l. Page 2, 2-C: to delete "except as an incidental, �
occasional occurence of normal business activity"
2. Page 2 , 4: to add - Zf '"r. Duehn' s corunercial
storage occurs or continues in Areas 3 & 4 . . . . . .
3. Paqe 2. 5: add - "all" non-conforming use of the
property. . . . . . . .
4. Page 3, 7: to add at end of paragraph: "this
right shall not be transf_erable b�� P4r. Duehn"
P4avor Van Nest moved, Hurr seconded, to tahle the
conditional use perr.tit for KK & Kompan��, Keith
Katcher and Leo Duehn for 1140 North Arm Drive,
until the next Council meeting and directed staff
to redraft the resolution to include the ahove
recommendations. Motion, Ayes (4) - Na��s (0) .
Mr. Alan Olson, City Planner, entered into the SUBDIVISIOTT'r
record the request of_ D. D. Frink, 385 Turnham 385 Turnham Road
Road, for a subdivision, dated August 22, 1979 , #493
which states: D. D. �'rink
The Frinks propose a metes and bounc�s division of
38 acres resulting in a five-acre lot and a 32+ acre
lot.
The 32+ acre lot has a designated wetland of anproxi-
mately one acre that we will require a -flowage and
conservation easement over in a future plat. Access
to the parcel will be via a 300' corridor along
Turnham Road and in the northwest corner via the
Rinc� Route.
The five acre lot has ample room for an alternate
drainfield. The existing structures meet the
setback requirements from the proposed lot lines.
Access to the five acre lot will remain via `�'urnhar_Z
Road.
Please review the Planning Cor:imission Minutes of
July 23, 1979 and August 13, 1979 for background
information and their recommendation. (Continued)
R�GULAR PIEETING OF THE ORONO COUTdCIL, AU�UST 28, 1979 Page 10
Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1066*
#1066, A Resolution APproving A Subdivision For D. D. Frink
D. D. Frink. PZotion, Ayes (4) - Navs (0) . (Continued)
Mr. Alan Olson, City Planner, entered into the SUBDIVISION
record the subdivision request of John S. �uthrie, 325 Sixth Avenue North
325 Sixth Avenue rdorth, dated August ?_2 , 1979 , #499
which states: John S. �uthrie
The applicant proposes a lot realignment of Tract B,
RLS 1281 and Lot 2 , Block 2 , Holly Acres. The
division will be filed as a metes and hounds survev.
Parcel A, three quarters of an acre, will be combined
with Lot 2, Block 2. The oric�inal septic testing
is still valid and the flowage and conservation
easement over Lot 2 will remain in effect. Access
for the combined Properties will be via Hollander
Road.
Parcel B now contains 3+ acres. All existing
structures meet the setback requirements. The lot
has ample rooM for septic expansion and the existing
system is adequate. Access for Parcel B �vill remain
the same.
Please review Planning Commission A�inutes of July 23,
1979 and August 13 , 1979 for background information.
Council r�eeting - August 28, 1979
Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1067
#1067, A Resolution Approving A Subdivision For John S. Guthrie
John S. Guthrie. Psotion, Ayes (4) - r�avs (0) .
Mr. Alan Olson, City Planner, entered into the VARIANCE
record the request of Gerald Gustafson, 200 200 Bederwood Drive
Bederwood Drive, for a side and rear ��ard setback #501
variance for a 12' X 24 ' basement addition. Gerald Gustafson
Hardships are:
l. Luce Line to the north
2. Natural drainage area on the east
3. [Vell and future mound system located to the south
Massengale moved, Butler seconded, to approve the
variance request of Gerald Gustafson, 200 Bederwood
Drive, subject to adequate screeninq of the Luce Line .
Trail� and stating that he enjoys and uses the trail
and has no problems �aith users. r4otion, Ayes (4) -
Nays (0) .
REGULAR MEETING OF TIiE ORONO COUNC?L, AUGUST 28 , 1979 Page 11
Mr. Alan Olson, City Planner, informed the CitV VABIArdCE
Council that P4r. Henry Schmitz, 295 Tonka Avenue, 295 Tonka Avenue
� requests a variance for an accessory structure: #503
side and rear yard variance of 5' , 4 '-4" setback Henry Schmitz
variance from princiPal structure. Planning
Commission recor.imends approval based on the location
of the drivewav and the well.
P4ayor Van Nest moved, Butler seconded, to approve
the variance re�uest of P�r. Henry Schmitz , 295 Tonk� .
Avenue, subject to staff review of anv future septic
systeM. P7otion, Ayes (4) - Nays (0) .
rlayor Van Nest moved, Butler seconded, to table the STUBBS BAY STUDY AREA
Stubbs Bay Stud_y Area Resolution until the next
regular Council meeting. Motion, Ayes (4) - Nays (0) .
rlayor Van Nest moved, P4assengale seconded, to table STUBBS BAY *iARINA
the Stubbs Bay D4arina 1979 dock license request
until the next regular Council meeting. P4otion,
Ayes (4) - Nays (0) .
The City Council requested Alan Olson to contact NORTH SHORE DRIVE *'iARIN
the Lake Pginnetonka Conservation District concerning
their action regarding the North Shore Drive PZarina
license.
P�Ir. Alan Olson, City Planner, presented the City FIRE CODE A1�1ErdDrSENTS
Council with a memo concerning fire code amendments
dated August 21, 1979 , which states:
On June 12, 1979 , a moratorium was ordained that
prohibits new flar.imable liquid tank installation
on residential property. This is due to expire
on September 12 , 1979.
Without further action, the adopted fire code
standards will then be applicable throughout
Orono. These set standards for proper tank design,
venting, dispensing, and minimal setbacks based
upon capacity. Unlimited storage volume would be �
permitted on any lot, in any neighborhood.
Setbacks are established by NFPA Standards, adopted
by reference in the Fire Code. �2FPA 30, flammables:
275 Gal. or less = 10 ft. ; 276-750 gal. = 20 ft. ;
751-12 , 000 gal. = 30 ft. ; etc. ; i1FPA 58, LP�: 125-500
gal. = 10 ft. ; 501-2,000 gal. = 25 ft. ; etc.
(Continued)
REGULAR P�4EETIPI� OF iHF. O�tONO COUr]CIL, AUGIJST 28, 1979 Page 12
Any other regulations desired would have to be FI?2E CODE AP4ENDMENTS
seParately adoPted as amendments. Suggestions (Continued) �
have included lakeshore setbacks, bulk deliverv
responsibility clauses, maximum capacities, and/
or flat prohibitions in higher density urhan
residential area.
My recommendations stand that such storage,
particularly above ground storage, poses a distinct
hazard in the urban residential and shoppinc� 4
center neighborhoods. I have, therefore, recom-
r.mended a prohibition on storage tanks in the half-
acre and one acre zones, or at least a nrohibition
on new installations with an amortization neriod
for existing tanks. This would not affect hor.te
heatinq oil storage.
Any contemplated additions should be discussed
in detail at the August 28, 1979 meeting so that
an ordinance draft can be available on Septertber 11,
1979.
Council Meeting - August 28, 1979
P�avor Van Nest r►oved, Butler seconded, to direct
sta�f to nrepare an amendr�ent to the proposed fire
ordinance to include health and s�f_etv standards
for flarmmable storage materials. Psotion,
Ayes (3) - i7ays (0) .
Councilmember riassengale lef_t the Council
Chambers for ten minutes.
P4r. �lenn Cook, City Engineer, informed the Citv DTdR_ PE?2P'I?m
Council that the Department of Natural Resources
has aPproved the permit at the Luce Line Trail for
the ring route.
P4r. C�lenn Cook, City Engineer, informed the Cit_y RIPdG ROUTE
Council that the storm sewer was started a week
ago but that only 200' of pipe has been installed
due to the weather.
,
Mro Glenn Cook, Citl� Engineer, informed the Cit�� '"RAF�'IC T IiHT MEETT_NG
Council that a meeting will be held Friday, Old Cr��stal Bay Rd. &12
August 31, 1979 at 9 : 00 A. I��. in the Citv Hall
with representatives from School District 278
concerning a traffic light at Old Crystal Ba��
Road and Highway 12.
Discussion f_or a narle for the rinc� route road '�I�� ROUmE NAP'IE
was centered on ���hether to call it Road, �treet,
Lane, etc. Tabled until the next Council
meeting. -
RF�ULAR MEETING OF THE ORONO COUNCIL, AU�IJST 28 , 1979 Page 13
PSs. Gloria Swanson and Ms, r4arcy Shar�iro, members WFST HENPdEPIN HUP'IAr1
of the taest Hennepin Human Services Planning Board, SERVICES PLANNING BOAR�
were present to discuss their proposed resolution
concerning the establishment of a Cormmunitv Action
Agency in rural and suburban Henne�in Count_y. "'his
service will help elderly on fixed incortes pav oil
bills. No local funds necessary.
Mayor Van Nest moved, Butler seconded, to adopt RESOLUTIOrd #1068
�3esolution �1068, A Resolution Supnortinq '�'he ra.H.H.S.P.B.
Development Of A CAA For Suburban And Rural CAA
Hennepin County. Psotion, Ayes (4) - Nays (0) .
Butler r.ioved, Hurr seconded, that the hourlv rate SALAR� ADJUSTT'�EPdT*
for election juc�ges be adjusted to 53. 50 and Election Judqes
precinct chairnersons to $4. 00 per hour. Psotion,
Aves (4) - Plays (0) .
Butler moved, Hurr seconded, that a salarv increase SALARY ADJUST'�IENT*
for PZichael Gaffmn, Sentic System Inspector, to nZichael Gaffron
$1, 335 per month, effective August 20, 1979, be
approved. P4otion, Ayes (4) - rdays (0) .
Butler moved, Hurr seconded, that a salary increase SALARY ADJUS"_'NIENT*
for Thomas Jacobs, Building & Zoning Inspector, Thomas Jacobs
to $1, 248 per month, effective August 20, 1979 , be
approved. Motion, Ayes (4) - Nays (0) .
A letter to Commissioner E. F. Robb, Jr, dated ARCOLA BRIDGE
August 20, 1979, is included in the ?�Iinutes as
part of the record concerning Arcola Bridqe.
Letter - Pages 14 & 15
P'Ir. Bruce P2alkerson, City Attorney, read a
resolution concerning the closure of Arcola -
bridge to the City Council.
P�Iassenqale moved, Butler seconded, to adopt RESOLU`1'ION #1069
Resolution #1069 , A Resolution Objectinq To The Arcola Bridge
Proposed �losing Of Arcola Bridc�e Bv Hennepin
County In The Cit1� Of Orono And Cit�� Of
P4innetonka Beach. r4otion, Ayes (4) - Nays (0) .
, . Telephone 473 7357
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���' ` C I TY of OROi�TO
.� :. .
� Yust Office t3ox 66•Crystal Bay, Minnesota 55323•Municipa] Offices
5 r�I �
i
�r : On ihe North Shore oj Lake Minnetonka
�):��►��� _
q 4
August 20, 1979q
Cor.trmissioner E. F. Robb, Jr.
Hennepin County Board of Commissioners
Hennepin County Government Center ,
Minneapolis, t•linnesota 55387 . �
Dear Bud:
I wish to thank you for assisting Minnetonka Beach and Orono in
arranging the public information meeting August 13 , 1979 , regarding
the proposed Arcola bridge closing to accor.irmodate necessary repairs.
I am sure by now you have heard r.►any ar�uments why the Arcola
bridge should remain open during construction and why the bridge
should be closed.
In reviewing the entire matter, it appears that our options are
few and the determination has to be made, are we to accommodate
the public in providing for the safety, health, and public welfare
of all the area residents, or will the decision be made because
of technical reasons to accor.ir.iodate the construction and close
the Arcola bridge.
It is Orono' s position that the latter option is not in the public
interest and lacks the cooperative spirit that is prevelant through-
out the lake area. _
Throughout the years , all of the lake communities have worked
together in establishing cooperative programs in providing for
public safety. The ntunber of fire and police personnel available
to one city government because of budget lir,litations are too limited
in number to operate on any other basis than that of total cooperation
in providing a high level of service to all of our residents. We
also have to consider legal irRplications of enforcement.
A detour would create a delay in allowing er.iergency vehicles to
respond to any er.iergency in P4innetonka Beach. A detour would prevent
mutual aid departr.►ents , Wayzata and Long Lake, to assist the Mound
Fire Department, which contracts fire service to Diinnetonka Beach.
. Paqe 15
Commissioner E. F. Robb, Jr. �
August 20, 1979 �
Page 2
A detour would delay the Orono Police Department in responding
to police calls in Minnetonka Beach, which is served by Orono.
A detour would add additional4road mile cost to each resident
in t`�e area because of additional deto�r niles.
The closing of Tanager Lake bridge in conjunction with the
closing of the Coffee and Noerenberg bridges , the additional
detour miles, the manipulation of departments in attempting to
provide services to all our residents and contracting communities
and the additional cost in renlacing Fox Street, which succumbed
to heavy traffic created by Hennepin County' s detour system this
summer created an intolerable hardship that cannot be repeated.
�he Orono City Council and staff expressed their concerns at the
public information meeting and we are now requesting that consider-
ation be given to our request as soon as possible.
mhe Orono City Council by resolution is officially re�uesting
Hennepin County to reconsider their actions and allow the Arcola
bridge to remain open during construction.
Thanking you in advance, I am
Sincerely,
�� ��' .._
Walter . enson -
City inistrator .
cc• P4innetonka Beach Councilr.ter.ibers
< < ,
R�GULAR MEETIt1G OI' THE ORONO COUNCTL, AUC�UST 28, 1979 Page 16
Dick Benson, City Administrator, presented the COUNTY ROAD #15
City Council with a riemo regarding the construction IPJTERCEPTOR
of Hennepin County Road 15 and the intercentor
dated August 16 , 1979 , which states:
In view of the past experience with the construction
on Hennepin County 15 and in reviewing Ray Folland' s
letter of August 14 , 1979 , it is ap�arent that
we should expect problems with the scheduling of
the placement of the interceptor. �1
Anticipating problems in this schedulinc�, the Citv
Council by action stated that the City wants Henne-
pin County Road 15 open to traffic before Orono
Orchard Road is constructed. The Psetro�olitan
�9aste Control Commission and r4r. Dick Grundmeier
have been informed of this action.
In reviewing the new schedule, it i� apparent
that we not only have a problem with overlapping
of construction on Countv Road 15 and Orono
Orchard Road, but also winter restoration on
Orono Orchard Road.
We should agree on a course of action and notify
the Pietropolitan Waste Control Commission in a
reply to their letter of August 14 , 1979, of our
bottor.l line decision.
Letter �rom Ray Folland, Pietropolitan t�aste Control RAY FOLLAND LETTER
Comr.�ission - August 14 , 1979 - Pages 17 - 19 August 14 , 1979
Dick Benson letter to Ray Folland - August 21, 1979 DICK BENSOPI LETTER
Pages 20 - 23 August 21, 1979
Merio from John Gerhardson, Public Works Coordinator, JOFiN �ERHARDSOPI ASEn10
regarding the status report on the interceDtor August 8, 1979
construction, '?'anager Bridge and Noerenberg Aridge,
dated August 8, 1979 - Pages 24 - ?6
Letter from Dick Benson, City Adriinistrator, to FOX S"'REET LEmTFR
P4rs. Steven ��lilson, ?_485 North Shore Drive, r4rs. Wilson
regarding Fox Street, - August 23 , 1979 - August 23 , 1979
Pages 27 - 28
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' � Page 17
� August 14, 1979 �
City of Orono, Minnesota
- -- _ - P. O. Box 66
= � —" --=1��` ' Crystal Bay, Minnesota 55323
,\ �� �� i
--__� ( Attention� Mr. Walter R. Benson
� City Administrator
j
, Re: Orono-Long Lake Interceptor, MWCC Project No. 71-13, Section I
i Contractor: Johnson Bros . Corporation
j Hennepin County Permit No. 7020 - -
I
Gentlemen:
i � �
� This will acknowledge receipt of your letter dated August 9, 1979 ,
� rega�3ing the above contract. In this letter, you request information on
� � delays in the project and information as to the schedule for completion
! of the work.
i In bringing you up to date on this contract, I will review the recent events
' that have led to delays, in completion of that part of the force main planned
! on the centerline of County Road 15 from station 6+58 (just south of the
Q //,� j intersection of Orono Orcharri Road) to station 75+00 (at the intersection
���1 ; of County Road S 1) .
v
�
,� �C/ n May 8 , 1979 , the Contractor claimed an extra due to a portland cement
G � crete pavement under the existing bituminous surface at the above
G!..
Cj�,y �'__I9J ; � ation. The concrete pavement was not shown in the contract documents.
9 �
pF �
� The Engineers investigateci various alternatives to solve the problem
�RO�,O i including shifting the alignment towaid the lake side of County Road 15.
� It was decided to stay on the planned alignment and to enter into Change
� Ord er No. 1 with Johnson Bros . to reimburse them for extra costs due to
. ; the existence of the concrete slab. This Change Orrler was approved by
; the Metropolitan Waste Control Commission at its meeting of July 14, 1979. '
� Change Orcier No. 1 provides for unit prices for removing the underlying
� concrete pavement and for additional sawing of the concrete pavement.
! It also provides for a heavier bituminous pavement in the re-surfaced
� trench. The modifications in this change order are based on the require-
� ments of the Hennepin County Highway Department. Due to the nature of
� the soil (mostly granular) it was anticipated that some undermining of the
` remaining concrete on either side of the first cut would occur and that it
; was probable that additional concrete would have to be removed after the
� pipe was installed in order to fully compact the backfilled soil in the
trench.
i50 fTlE7R0lOURRE BLDG. !
7TH b ROBERTlTREET/ '
lRIf1T PAUL(T1f155101
612 222•8423 ,
� City of Orono, Minnesota Page 18
August 14, 1979
Page 2 � �
The Contractor proceeded to install the pipe on centerline using a box in
a 7 ft. wide trench. As of August 6, the pipe had been laid from Tanager
Bridge (station 28+42) to County Road 51 (station 76+55) and the
Contractor was starting to lay pipe from Tanager Bridge northward at
station 25+64 (just north of Tanager Bridge) .
4 �
On August 6, 1979 , the Hennepin County Sheriff stopped Johnson Bros.
from laying any more pipe north of Tanager Bridge. Hennepin County
Highway Department officials informed the MWCC Construction Depart-
ment and Johnson Bms. that work was stopped because the Contractor did
not have an acceptable pavement restoration procedure and restoration
schedule for that part south of Tanager Bridge to County Road 51.
On August 9 , the MWCC, Consulting Engineers, Johnson Bms. , and
Hennepin County Officials met and agreed on a procedure for additional
bituminous pavement and concrete pavement removal under Hennepin
County permit number 7020, which is part of the contract documents.
As of this date, August 13, the Contractor has commence3 pavement
restoration starting at County Road S1 and working northward on County
Road 15. The Contractor informed me on June 13th that Johnson Bros. will
work 10 hour days and will work Saturdays on pavement restoration on
this project.
I have enclosed , for your information, the latest construction schedule
that I received 8/13 fmm Johnson Bros . You will note that Johnson
Bros. shows work starting on Orono Orcha rd Rd . (LL 0+00 to LL 71+45)
about one week before the pavement is restored and open to traffic on
County Road 15 (OR 25+70 to OR 0+00) . Johnson Bros. knows that the
City of Orono wants County Road 15 open to traffic before work starts on
Orono Orchard Road arxi they are hopeful that the restoration can be
completed and County Road 15 open to traffic by about September 24th
which will eliminate this overlapping.
If you have any questions, please call me at 222-8423.
Very truly yours, `
�--� 1 - v ' �
R. O. Folland
Director of Constniction
Metropolitan Waste Control Commission
ROF:AM
Encl.
CC: Herbert Klossner, Skip McCombs, William Moeller, j. W. Bain3 ,
Johnson Brns. , D. Ca ster
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� Page 20
� �,`� ,� T
. :� � CITY of OROl� O
� � Yost Office 13ox 66•Crystal Bay, Minnesota 55323•Municipal Offices
�p� � ,
� . On the North Shore of Lake Minnetonka
f�'��°,��„�
0.
August 21, 1979
Mr. R. O. Folland
Director of Construction
Metropolitan F7aste Control Corunission
350 rsetro Square Building �
7th & Robert Streets
St. Paul, Minnesota 55101
RE: Orono-Long Lake Interceptor
MWCC Project No. 71-13, Section I;
Contractor - Johnsori Brothers Corporation
Dear Mr. Folland:
I have reviewed your letter of August 14, 1979 , which was a
response to my letter of August 9 , 1979 , which letter sought
an explanation of the delays in the project and inforr.�ation
as to the schedule for the completion of the work for the above
project.
As you know, Johnson Brothers Corporation is far behind the
agreed upon construction schedule concerning the work on
County Road 15 and the proposed work yet to be started on
Orono Orchard Road. It is my understanding that the I��in1CC
believes that Johnson Brothers will commence work on OrQno
Orchard Road on or about October l, 1979. It is my understand-
ing that representatives of Johnson Brothers state they will
commence work on Orono Orchard Road on September 24 , 1979.
' I think it is fair to state that everyone agrees that after
construction is commenced on Orono Orchard Road, and if it
proceeds without any problems with a full crew working, that
it will take approximately 30 days from start to finish of any
work on Orono Orchard Road.
Page 21
Mr. R. O. Folland
August 21, 1979
Page 2
The �ast delays in the project, the failure to meet previously
agre�d upon construction schedules, and °Ithe great concerns
that the City has for the health, safety and welfare of its
citizens prompts this letter from the City. The City has two
concerns:
1. That no work may commence on Orono Orchard Road by anyone
unless the work on County Road 15 is completed so that
County Road 15 can be used for the passage of vehicular
traffic; and
2. That if work is cor,unenced on Orono Orchard Road pursuant
to paragraph l, above, that that work commences in the
fall of 1979 , only if it is possible to commence and complete
the work during the construction season of 1979 , so that
Orono Orchard Road will not be torn up during the winter and
early spring when the City of Orono is called upon to main-
tain the road and keep it open for vehicular passage.
I will discuss both of these concerns in more detail now.
The City of Orono previously was led to believe that no work would
be commenced on Orono Orchard Road until County Road 15 was open
for traffic. These were the promises that were made to us by
the Metropolitan Waste Control Commission prior to the City' s
granting tentative approval for any work on the City right of way,
which is Orono Orchard Road. These promises were made to us
again during the preconstruction rieeting for this project.
Orono Orchard Road presently handles a great amount of the
diverted traffic because of the closing of County Road 15. If
County Road �15 is not open and Orono Orchard Road is closed because
of construction, the additional traffic burden on other City roads
will be intolerable. Moveover, the diversion of this additional
traffic will create traffic hazards , limit the amount of police
protection that we can provide, expose this area to excessive
fire hazards, and prevent adequate ambulance acce�ss in case of
emergencies to a large segment of the City. rsoveover, on September l,
1979, shcool will begin and the school buses rnust be able to use
either Orono Orchard Road or County Road 15. In addition to the
above concerns, which involve immediate threats to the health,
safety, 'and welfare of the citizens, there will be the additional
inconvenience and cost to our citizens in gas and wear and tear
on automobiles if both County Road 15 and Orono Orchard Road are
closed at the same time.
Page 22
Mr. R. O. Folland
August 21, 1979 � �
Page 3
Orono Orchard Road is a City street and we will not allow any
construction on that street unless County Road 15 is first
opened for traffic and is kept open during the time when there
is any co�struction on Oro� Orchard Road.
In the event that the City does allow you to proceed with con-
struction on Orono Orchard Road if County Road 15 is open, the
City will do so only if it can receive adequate assurances in
writing that the work, if commenced this fall on Orono Orchard
Road, will be completed during this construction season. As we
know, the general scope of construction on Orono Orchard Road
consists of the cutting of a pipeline trench through the middle
. of the road, the removal of the blacktop and the gravel therein,
� placement of the pipe, back filling and compaction of the gravel,
and then resurfacing the disturbed area with asphalt, with an �
overlay of asphalt over the entire road to be completed either
this fall or next spring. In the event that construction were
commenced and were impossible to ade�uately close the trench
and resurface the disturbed area, then that road will be
entirely inadequate during the entire winter and early spring
season for passage of vehicular traffic, including the neces-
sary police, fire and ambulance services . Therefore, .the City
- of Orono will reserve to itself the right not to allow any
construction on Orono Orchard Road unless at the time construc-
tion is proposed to commence, it believes that the contractor
can complete the �vork as noted above. In the event that the
City has doubts that the work can be completed as noted, then
the City may not allow that work to proceed or the City may
-allow the work to proceed only if the MWCC undertakes in writing
first to complete restoration as noted above or else the MWCC
will be responsible for contracting with the City or some other
agreed upon company to keep the road open in the winter and to
pay any of the extraordinary costs incurred by the City because
� of the inadequacy of the partically restored road.
Regardlessof whether or not the City allows the construction to
proceed on Orono Orchard Road, prior to the end of the construction
season, the MWCC must complete restoration of those two areas on
Orono Orchard Road�that have presently been distrubed by the
j acking of the pipe under the road.
In regard to overlaying of Orono Orchard Road, because of the
delays in construction to date, the City would be willing to
allow the overlaying of the road next spring as long as the
P'lWCC signs a written contract to that effect. In regard to all
Page 23
M.r. R. O. Folland -
August 21, 1979
Page 4
of the restoration work of Orono Orchard Road, I assume that the
contractor has to provide a warranty bond or letter of credit
h over a time period of at least two yea�s to insure that the
work done on the City road is adequate.
Prior to any construction on Orono Orchard Road, the City must
have at least a seven days' written notice so that the City can
inform its citizens of the imminent disruption and the City
wants a preconstruction meeting of all parties involved to
discuss other problems related to the work on Orono Orchard
Road even if County Road 15 is then open.
I wish to assure you that the City does not wish to cause
problems for the MWCC in its contractual relationships with
Johnson Brothers or in its relationship with Hennenin County;
however, because of the problems so far in this project which
have adversely affected the health, safety and welfare of the
citizens of Orono, the City cannot allow any additional work
on City roads except as noted above.
I would appreciate your response in writing immediately, pro-
viding the assurances requested herein.
Sincerely,
�",�/,y' ��
Walte . enson
Cit Administrator
c : Senator George Pillsbury
Representative Robert Searles
Commissioner E. F. Robb, Jr. ,
Art J. Lee, Associate County Administrator
Herbert Klossner, Hennepin County Public Works
Mayor William B. Van Nest
City Council of Orono
t Bruce D. P�4alkerson, City Attorney t
McCombs-Knutson Engineers, Consulting Engineers
Bill Moeller, Staff Engineer, r4etropolitan Waste Control
�
. , _ Page 24
Tp ; W.R. Benson, Administrator
FROM: John R. Gerhardson, Public Works Coordinator
DATE: August 8, 1979
SIIBJECT: Status report on Ir�ter�eptor construction, Tanager Bridge and
Noerenberg Bridge. _
Because of the delays in construction on the interceptor sewer
construction and bridge construction I have been in contact with
Hennepin County and the Metropolitan Waste Control Couanission.
The following are the dates and names of people I have received
, ,co�ents �om:
Ji,1Y 30, 1979
Dave Feltl Hennepin County inspector stated �that Hennepin County
was not going to allow Johnson Bros. to begin construction on the
east side oP Tanager Bridge until the west side was completed.
Zhe reason being that voids were created under existing concrete
after the trench was dug and therefore could not be compacted to
Hennepin County' s satisfaction.
Ju�ly 31 , 1979
Don Kaster resident engineer Metropolitan Waste Control Co�rnmission
thought there was approaimately 800 square feet oP additional con-
crete to be removed on 15 on the west side of Tanager Bridge to get
proper compaction. Don also stated that there are other areas �or
Johnson Bros. to work until County Rd. 15 is restored before start-
ing construction on Orono Orchard Rd.
He agreed that County Road 15 and Tanager Bridge should be open
before starting work on Orono Orchard Rd.
� Au st 6 1979
Dave Fel 1 called wi.th the f'ollowin.g update on County Road 15.
Dave sa.id that they had noti�ed Johnson Bros. earlier that they
would not allow any construction on ,Cou.�aty Rd. 1 5 east of Tanager
Bridge until they had received an agreeable schedule oP restoration
to County Rd. 15 on the west side of Tanager Bridge.
Johnsan Bros. had not satisfied Hennepin County' s requests and began
work on the east side of Tanager Bridge on Monday August 6th.
Hennepin County, with the assistance of the Hennepin County Sheriff
stopped the construction Monday August 6. There wa.s a meeting and
Johnson Bros. stated that they had not had enough time to deter�nine
the method or schedule of completion of the restoration. Hennepin
County told Johnson Bros. that they have had enough time and if
they did not present that information within two days a11 construc-
tion would stop completely.
. � . �PAGE 2 Page 25
Johnson Bros. told Hennepin County that they would pull off County
Rd. 15 and start construction on Orono Orchard Rd. Hennepin County
reminded them that they lrnew that would not be allowed until County
Rd. 15 and Tanager Bridge was open.
Augus t 8, 197 9
Clayton Nolbe, who is in charge of the bridge construction for Henn-
epin County called and said the� are as far as they can go on the
bridge until Johnson Bros. completes restoration on the wes� side o�
the bridge.
Hennepin' County cannot complete the approaches to the bridge until
that work is d.one.
Zhe bridge is complete except for the approaches and once Johnson
Bros. completed their work it would only take two days for them to
construct the approaches. Clayton also mentioned that the Norenberg
bridge would be open the week of August 27th and no later� than Sept- .
emb er 1 , 1 97 9.
August 9, 1979
11 :1�0 called Ray Folland MWCC-not available to phone-12 :10 returned call.
Mr. Ray Folland, I7irector of construction, Metropolitan Waste Control
Commission stated that it had been determined �at corrections had to
be made on County Road 15 on the west side� of Tanager Bridge.
Uuring the construction of the seven foot wide trench, voids had been
created under the concrete. It had been determined that to correct
this an uneven line the length of construction had to be cut out and
compacted properly.
According to Ray this was attempted but in the process the blacktop
mat on the side was being disturbed by way of separating from the
concrete. Hennepin County then s�opped the construction until a
method was developed to assure that would not happen again.
Mr. Folland stated he was going to have a meeting with Herb Klossner
today to try to resolve all the problems so that construction could
begin on Monday August 13, 1979.
� Mr. Folland stated that they ]�ew what had to be done on 15, Johnson
Bros. �ew what had to be done on 15 and had started but were stopped
because as they were diggin.g out to get to the voids the bituminous
mat was being lifted off the concrete.
Au�ta.st 10, 1979
Dave Feltl Hennepin County stated that on August 9th, meeting was held
with Johnson Bros., Hennepin County Herb glossner, and Ray Folland M.
W.C.C. .
It was determined that construction would begin on the east side of
Tanager Bridge on Monday August 13th and restoration on County 15
west of the bridge. Dave said that to accomplish proper removal of
the concrete the b�tuminous ma ver the concrete mus�, be � t�o tk�
flz7.1 depth of the bituminous (�"� to avoid the mat being li e �-�e
. . PAGE 3
- , Page 26
excavating over the voids.
Zhe schedule has been set with a completion date of September 31at.
Dave Pelt that that date was to optimistic and thought November 1st
to be a more realistic completion date Por traffic to travel on
county xoaa 15.
�
� .
� Telephone 473-7357
�� Paqe 27
. �� � T
:E-1 CITY of OROI� O
�
�,r Yost Uffice Box 66•Crystal Bay, Minnesota 55323•Municipal Officea
..�J��
" '�`j� On the North Shore of Lake Minnetonka
:,::� _"',�",'.
,°�s °:. _°
R 4
August 23, 1979
P4rs. Steven Wilson
2485 North Shore Drive
Wayzata, t•iinnesota 55391
Dear Mrs. Wilson:
Thank you for your call stating your concerns regarding the
closing of Fox Street. The prolonged closing of Hennepin
County #15 has created an extreme hardship for all of us and
the delays in the construction have not aided the situation.
The closing of Fox Street was caused by the closing of Hennepin
County #15 and the Tanager Lake bridge which created an intoler-
able situation that was detrimental to the safety, health, and
welfare of not only the residents living in the area, but also
to the comr►uters using the street to avoid the detour system
that has been imposed upon us by Hennepin County.
The traffic count on Fox Street increased from 650 cars per day
to 3,701 cars per day within a one-day period. Police were
stationed at the intersection �and were nearly run over by
frustrated motorists attempting to commute to work.
� Within a few days, we experienced a complete breakdown of the
street. ti•dithin one week, it became apparent that it was impossible
to police the area because of the terrain, narrowness of the
street, lack of shoulders, the unwillingness of motorists to
adjust their speed to the conditions of the street, and the lack
of cooperation from He�nepin County to assist us in our requests
for aid.
Fox Street was not designated as a detour simply because it was
determined by Hennepin County that Fox Street was not capable of
handling the increased traffic. They designate 9-ton roadways
capable of handling increased traffic, which is why North Shore
Drive, Brown Road, and Highway #12 became designated detour routes.
Page 28
Mrs. Steven Wilson �
August 23, 1979
Page 2
It is unfortunate that the public does not foll Qw detour routes; �
that is why Fox Street, after being denied assis�.ance from
Hennepin County and upon their recommendation, was closed.
The P�ietropolitan Waste Control Comr,iission will commence construct-
ion on Orono Orchard Road in the near future and the south end
at the Fox Street intersection will be closed, which will not
permit traffic to engress or ingress at that point. This will
not commence until County Road #15 is open. For these reasons,
Fox Street cannot be opened until the completion of scheduled
construction to allow the free r.�ovement of traffic to the east.
If you have any questions, please feel free to call me at my office,
473-7357.
Sincerely,
��c./ �,
Wal . enson
City Administrator ,
.
REGULAR T4EETING OF Tf�E ORONO COUidCIL, AU�UST ?_8 , 1979 Page 29
Dick Benson, Cit�� Administrator, informed the DAYTON PROPERTY
Citv Council that an off_er of an additional 90 '
of land by Mr. Bruce Dayton to add to the existing
Summit Park parcel is appreciated and does express
the support the City of Orono receives fror!� its
residents in r.�aintaining the rural recreational
atmosphere that we all enjoy.
I would recomriend the City thank ;ir. Da��ton for
his generous offer but based upon our efforts to W
maintain a uniformity in our land use planning,
it would not be to the advantage of the City nor
Psr. Dayton to create a substandard lot within the
City of Orono.
If Council agrees, I will meet with him as I did
this spring and discuss this with him.
Butler moved, I�urr seconded, to write a letter to
Mr. Bruce Dayton declining his offer of an ac�ditional
90 ' of land and thanking hir.► for his generous offer.
iZotion, Aves (4) - Nays (0) .
,
T}ie Citv Council discussed the offer of r4r. Bruce
Dayton for a financial contribution for the develop-
ment of the property he has donated to the City of
Orono.
The City Council stated that they have not as yet
determined a use for the property and that it would
be necessary to do research, possi�ly by the Park
Cor.u;►ission, before accepting the proposed of�er.
Dick Benson, City Adrlinistrator, inf_ormed the City NOR'�'H SHORE HOUSTTdr
Council that the following letter was rlailed to DRO(=��i*
the City of Long Lake, Citv of Minnetonka Beach,
and Larry Blackstad on :August 24 , 1979 :
"As a participant in the Community DeveloDment Block
Grant Program, ��ou are undoubtedly aware of the
requirements that are required by H.U.D. (F�ousing &
Urban Development) .
One of the requirements of the Year V Prograri that
we are now participating in, is that we must develop
and submit a three-vear program. Participatinq
comrlunities in Planning Area #5, as yours, are
receiving approximately the same amount of funding
frori H.U.D, and because of tightening regulations,
several communities are poolinq their funds for one
housing project. The goal is to provide housing
for c�ualified low income people.
(Continued)
RFrULAR 21EETIi1G OF THE OROi70 COUNCIL, AU�UST 7.£3, 1979 Page 30
I .am requesting ofy ouu your City' s interest in NORTH. SHORE FiOUSIrdG
participating with the City of Orono in a North PRO�RArs*
Shore Housing Project as projected in Xears VI & (Continued)
VII , long range Community Developr,►ent Block Grant
Program, pooling our funds for one housing project.
Please feel f_ree to contact me if you have anv
c�uestions. "
Council Pdeeting - August 28 , 1979 q
Butler moved, Hurr seconded, to anz�rove the above
letter concerning the North Shore Iiousing Prograr.m,
dated August 24 , 1979 , to Long Lake, *�innetonka
Beach, and Larry Blackstad. D4otion, Aves (4) -
2Javs (0) .
Butler r:�oved, Hur� seconded, to announce the public PUBLIC INFORP�ATION
information meeting date of Septer.iber 17 , 1979 at n�FETIrI�* - Proposed
7: 30 P.P4, concerning proposed sewers in the �Sinnetonka Sewers
Bluffs, G�lest Ferndale Road, Shoreline Drive, and
Orono Lane areas. Motion, Aye s (4) - I1ays (0) .
Butler moved, Fiurr seconded, to announce the P�IE"'ROPOLIT_AN COU�ICIL
regional meeting of the P�letropolitan Council on :2FrIONAL MEETING*
Septertber 13, 1979 at 7: 30 P.P4. at the Gray' s
Freshwater Biological Institute, riotion, Aves (4) -
Nays (0) .
Butler moved, Hurr seconded, to approve the Joint AGREEMIEi1T*
Cooperation Agreement for the Community Developm�nt Block �rant Program
Block Grant Progran. P�otion, Ayes (4) - T1avs (0) .
Butler moved, Iiurr seconded, to adopt Resolution RESOLUTION #1071*
#1071, A Resolution Terminating The Existing Joint Block �rant
Cooperation Agreement And Executing The rlew Joint
Cooperation Agreement For The Use Of Communitv
Development Block Grant Funds F'rom U.S. Department
Of Housing And Urban �evelopment Adr.linistered By
Iiennepin Count�� Office Of Planning And Develo�ment.
Pdotion, Ayes (4) - i�Tays (0) . -
Dick Benson, City Administrator, presented the M.H.F.A. ALLOCATION
City Council with a memo from John Gerhardson, CHAZI�ES*
Public t�7orks Coordinator, Year IV (1979-1980)
Home Improvement Grant Program Allocation Chanqes,
(M.H.F.A. ) dated August 23, 1979 , which states:
(Continued)
REGULAR P�EETIPJG OF `"IiE ORONO COUNCIL, AIIC,UST 28, 1979 Paqe 31
On July 31, 1979 , I received fror.tIiennepin County M.H.F.A. ALLOCATION
Department of Planning and Development a proposed CHANGES*
allocation system change for the P�innesota Iiome (Continued)
Improvement Grant Program.
Presently, the Citv of Orono' s allocation is
aPproximately $14 , 000 per year not including the
amount we have allocated from the Comr.munity Develop-
ment Block Grant Program.
G
The reason Hennepin County recommended a change in
the allocation is that with the nresent allocation
svster.l smaller communities do not receive enough
r.ioney to be able to accept one application to
fund one enti�e grant. Some communities are
allocated as little as $650.
The downside risk for Orono would be that we would
not receive any funds if applications� were not
received by Hennepin County by a certain date.
On the other hand, if other communities did not
use the funds, Orono could receive more than the
amount we were allocated in the past.
At the present time,there are seven a�plications
from Orono waiting to be processed using the
1979 allocation.
Council P�ieeting - August 28 , 1979
Butler moved, Hurr seconded, to approve ti�e above
memo from John Gerhardson concerning the Year IV
Home Improvement Grant Prograr.i Allocation Changes.
P4otion, Ayes (4) - rdays (0} .
Butler moved, Hurr seconded, to approve the EPiPLOYMEPIT - GOLF COURS]
temporary emplo_yment of r�adeline Kal�aeit f_or '�sadeline Kalweit
the Orono Golf Course at a rate of_ 52. 50 �ner
hour for the first one hundred hours, then,
$2. 90 per hour for the rest of the season,
effective August 27, 1979. Motion, Ayes (4) -
Nays (0) .
Butler moved, Hurr seconded, to a�nrove the 1980 LPSCD BUDGET*
proposed 1980 budqet of the Lake r�tinnet�nka
Conservation District. r�iotion, Ayes (4) - T_lays (0) .
P�Iayor Van Nest announced the second public hearing FEDERAL REVENUE FUNDS*
date for the Federal Revenue Sharing Funds will Public Hearing Date
be held Septenber 11, 1979 at 7 : 00 P.M.
REGULAR PZEETING OF THE ORONO COUNCIL, AUGUST 28 , 1979 Page 32
Butler moved, Hurr seconded, to approve the firm 1979 AUDIT*
of Ilansen and Babcock, Certified Public Accountants,
for the City audit for the year ending Decenber 31,
1979, for a fee of $2, 724. Motion, Aves (4) - Nays (0) .
Butler moved, Hurr seconded, to a;�rove the RESI�NATION*
resignation of Chris Swaggert, Clerk-Receptionist, Chris Swaggert
effective SeptemY�er 6, 1979. Motion, Ayes (4) -
Navs (0) .
Butler moved, I3urr seconded, to apnrove the merit 'uIERIT INCREASE*
salary increase for Joanne Lattin, Deputy "'reasurer, Joanne Lattin
to $1, 038. 38 per month, eff_ective August 20 , 1979.
Piotion, Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to a-�x�rove the Revenue R�'VEi1UE & EXPENDITURE*
and Expenditure RePort, June 30, 1979. Motion, REPORT
Ayes (4) - Nays (0) . June 1979
Butler moved, Hurr seconded, to a�prcve the letter SPEED LIPIIT*
to Commissioner E. F. Robb, .7r. concerning speed �15 to �7ARROP7S BRIDGE
lirlits on County Road 19 from County Road 15 to the
Narrows bridge. Psotion, Ayes (4) - Nays (0) .
Butler moved, Fiurr seconded, to a�rove the report ori SPRIN� PARK/ORONO
the Snring Park/Orono meeting o� �uqust .2�, 1979 MEETIN�*
concerning numerous items of concern to both cities.
Motion, Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to approve the letter PUBLIC STREET*
to Mr. John S. Pillsbury, Jr. confirming [�Voodhill Woodhill Avenue
Avenue as a public street. I�Zotion, Ayes (4) -
P1ays (0) . _
Mayor Van Nest announced a public inforr►ation '►'n�1F'FyC LIiHT P•1EETING*
meeting at the Orono School on September 24 , #12 & Old Crystal Bay Rc
1979 at 7: 30 P.Pi. concerning a traffic lic�ht at
Old Crystal Bay Road and Highway #12.
Mayor Van Nest discussed the *�roposed turn lanes TURN LANES
as pres�nted by Hennepin Countv from County Road #15, Orono Orchard Road,
15 onto Orono Orchard Road,Ferndale TJest, and etc:.
Woodhill Avenue. r�iayor Van P1est stated that he
wanted to be sure the turn lanes would be the
regular type of turn lanes and not just a wider
turning area-such as on Highway 12 at Orono
Orchard Road. The r-iayor tableci this itern until
riore inf�rnation is available.
. ,
REGULAR MEETIPIG OF THE ORONO COUNCIL, AUGUST 28, 1979 Page 3'
Butler noved, Hurr seconded, to approve the increase LE�AL FEES INCREASE*
in legal fees for the Popham, Haik, Schnobirch,Kauf- Popham, Fiaik, etc.
nan &'.Doty firm to: retainer fee to $675 per month �
and hourly rate to $60. 00 for the lead attornev.
Motion, Ayes (4) - Navs (0) . �
Butler moved, Hurr seconded, to approve the ADVERTISEP�IENT FOR BID*
advertisement for bids for a new adMinistrative B & Z Car
q compact car for the Building & 7oning Department
for bid opening to be Septer.iber 18, 1979 at 10: 00 A.ri.
14otion, Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to anprove the REFUYJDS* -
refunds for the following developments: Fscrow Releases
l. #200 - �Iictoria rrain $?.50. 00
2. #�432 - Ten Oaks (Burt Corwin) 5142 . 00 ,
3. #431 - P4illston $300. 00
Motion, Ayes (4) - Navs (0) .
Butler r!ioved, Hurr seconded, to approve the SALARY INCREASE*
salary increase for Ronald Steffenhagen, �olf Ronald Steffenhagen
Course Su�erintend�nt, to $1, 325. 45 per month,
effective August 20, 1979 . P4otion, Aves (4) -
P7a��s (0) .
Butler moved, Hurr seconded, to ap�?rove the (�OLr COURSE RECEIPTS*
report for the Orono �olf Course Receints,
dated August 23, 1979. rsotion, Ayes (4) -
rdays (0) .
Butler moved, P'Iassengale seconded, to authorize OROPTO-r1EDINA SEWEP.
staff to send a dra�t of the Orono-P�edina Sewer A��F;�*4EPdT
AgreeMent to Piedina for their revie�a. T'fotion, -
Aves (3) - Pdays (0) . Iiayor Van Ilest left the
Council meeting ror ten minutes.
Butler� moved, Hurr seconded, to annrove the LICFNSES*
following licenses: P-iotion, Ayes (4) -
Nays (0) .
Bo�aler Company - Plumher
Third Stone r�4usic - Cigarette
RE�ULAR 21E�TIIIC� OF TI�E ORONO COUTIC.T_L, AU�US^' 28 , 1979 Page 34
Butler moved, Hurr seconded, that the Al1 Funds BILLS*
Accounts 4131 through 4205, 11697 , 79£34 through �
8026 , 10757 through 10759 and Liquor Store Accounts
13?_1�3 throuc�h 13253, be paid. *Zotion, Ayes (4) -
riays (0) .
At 11: 50, the Orono Cityr Council went into an EXECU"'TVE SESSION
executive session to discuss items in litic�ation.
4
Massengale moved, Butler seconded, that the ADJOURNr4ENT
meeting be adjourned at 12 : 30 A. I�i. Psotion,
Ayes (4) - Nays (0) .
,
, �
�-�illiart B, an , r'[ay r
Attest
�7alter _ enson, Citv Adrlinistrator
.