HomeMy WebLinkAbout11-13-1979 Council Minutes czT� or oRorlo
Reqular P4eeting of the Orono Council, 7: 00 P.^R.
27overtber 13, 19 7 9
The Orono Council met on the above date with
the following rnembers nresent: P�ayor Van Nest,
Councilmer►bers Butler, Iiurr, Psassengale, and
Paurus. Also present: Citv Administrator
Benson, Citv Planner Olson, City Attorne��
i4alkerson, City Engineer Cook, and Planninc�
Commission member Jabbour.
Butler r.ioved, ISassengale seconded, to approve CnPdSEr1T AC�ErdDA*
the Consent Agenda* , subject to removing items
2, 10, 18, 23, 27 , and 31, with all staf_f data
and supportive inforr.lation to he included in the
P�Iinutes in the sequence thev occur. r4otion,
Aves (5) - Navs (0) .
Mayor Van Pdest moved, Psassengale seconded, to r'II*IU"'�'S
table the t4inutes of the Canvass Board rqeeting Canvass Board Pseeting
of November 7 , 1979 , for staff reviev��. P�otion,
A��e s (5) - ilays (0) .
P'ir. Dick Grundmier, Pro�ect t4anager for Johnson TNTFRCEPTOR
B�os. , discussed the progress of the interceptor Orono Orchard Road
on Orono Orchard Road, cor,�r:►entinq that the pine
installation is com�lete and the blacktoppinR
should be cor:ipleted this week.
t10 comments from the _T'ark Commission. PARK CONL�SISSION
No comrients from the LaYe 24innetonka Conservation Lr4CD REPORT
District representative.
i10 comr.ients for the Comprehensive Planning COMP�tEHENSIVE PLANNIN�
representative.
ido comrients from the Planning Conunission. PLANNIt•I� COMMISSIOt1
P10 comments from the public. PUBLIC COP24ENTS
Alan Olson, City Planner, entered into the VARIANCE
record the variance request of Iienrv I:ingman, 1185 Ferndale Road Nes1
1185 Ferndale Road West, dated rlover.iber 6 , 1979 , #494
which states: Henry Kingman
1. Lot area Variance
Required = 87,120 sq. ft.
Actual = 49 , 780 sc�. ft.
Variance = 37, 340 sq. ft. or 430
(Continued)
R�GULl�R P4EETIN� OF THE ORONO COUP7CIL, t1p�IT:T4BER 13, 1979 Page 2
2. Lot P�idth Variance � VARIAtJCE
Required = 200 ' 1185 rerndale Road [aest
' Actual = 155' (Continued)
Variance = 45 ' or 23�
3. Side Yard - Left
Required = 30'
Proposed = 29 '
Variance = 1' or 30
4. Side Yard - Right
Required = 30'
Proposed = 25 '
Variance = 5 ' or 17%
5. Lakeshore Setback
Required = 75 '
Proposed = 55'
Variance = 20 ' or 270
Comparison of iloble and Kingman ap�lications:
Noble Kinqman
Lakeshore Setback 75' 55'
Hardcover 7753 sR. ft. 6661 sct.ft.
Side Yard Set- 18 '/23 ' or 400/230 25 '/29 ' or 170/3�
back
This site plan should be very familiar! Far less
ar.ibitious than the Noble application. nlanninc7
Commission had a difficult tir.le dealing with the
lakeshore setback Ruestion. The ap�licant claims
that placing the house farther away from the laYe
will cause more runoff to be directeci toward the
lake.
The architect' s letter of October 30, 1979, adds
no data to support that clairm. The house as
designed has standard gable roofs so drainage
can be controlled only by site grading. Placing
the house farther frorl the lake increases the
oPportunity for the site to be c�raded such that
all drainage can be directed to the nond instead
of the lake. There is no drainage hardshin
affecting house design or location.
There is, however, an averaqe setback hardshin.
Placing this house at 75 ' would place it behind
both neighboring houses and possibly affect lake
view from this home. The Council must decide
whether or not this hardship is suff_icient to
outweigh the drainage concerns resulting in house
placement closer to the lake than otherwise
permitted.
(Continued)
REGULAR P'IEETIPdG OI' THE OROPJO COUPdCIL, NnVFr1BFR 13 , 1979 Fage 3
In any event, this design is r.much smaller than �IARIATJCE
the Previous one for this lot and it can be 1185 Ferndale Road ?aest
placed in such a wav as to meet both 26 ft. Pond (Continued)
and 75 ft. lake setbacks. The c�uestion is bet�aeen
drainage (favoring a location farther from the
lake) and view (favoring a closer location) .
Council I4eeting - :lovertber_ 13, 1979
Pir. Henrv Kin�r�n, I�r. Cavin, Architect, and P�r. Sid
Rebers were present to discuss their proposed
variance.
"1r. Kingr�an comr�ented that in the interest of
providing adec�uate drainage, we propose to huild
on the highest possible site on the lot. ?Ve are
rec�uesting the f_ollowinc�:
Hard cover area 6661 sq, ft.
D�eelling area 3322 sc�, ft.
[�est side setback 30 ft.
�as�. side setback 27 ft.
T��etlands setback 83 ft.
Lake setback 55 ft.
ti•de proposed a modest structure. «e want to conform
to our neighbors locations.
Psayor Van idest: �9e are under constant pressure to
adhere to the 75 ' lakeshore setback. T��Te need
adequate unic�ue hardships to justif_y a variance to
this rec�uired setback regulation.
Pir. Sid Rebers: Reviewed the pronoseci buildinc� site
and noted the need to protect existing drainaqe.
Pir. Cavin discussed the need to build a driveway
and turnaround without disturbing the ��etlands.
Councilmember Piassengale: I do not see a �ustification
for a hardship to grant a variance to the 75' lake
setback regulation. �ae need a find�n�r o� facts ��hich
we do not have submitted to us by the a�plzcant.
Councilmer.lber Hurr: I do believe in orc��_n�nces to
protect the lake and wetlands. I cio not believe
in a variance to the 75 ' lakeshore setbac}c.
Hurr r►oved, Butler seconded, to denv the lakeshore
setback variance an� hardc�vP.r �rar�ance �or �:enr_v
Kingrman, 1185 Ferndale Road West, and to apnrove a
variance to lot area, lot width, side yard setback,
ric�ht and left setback, as oringiall�� granted to
the Plobles, r4otion, Ayes (5) - Naysf (0) .
RFGULAR PZEETING OF THF OR0210 COUNCIL, rI0�7�liB�R 13, 1979 Page 4
Alan Olson, City Planner, entered into the record SUADIVISION
the rec;uest for a final subdivision of [�illiam R. 1405/1485 Sixth Ave. N.
Pearce, 1405/1485 Sixth Avenue North, dated #495
Noveriber 7 , 1979 , which states: William Pearce
Zoning District - LR-lA
Total area - 34. 3 acres
Subdivision - 2 lots - Psetes and Bounds Division
isr. Pearce proposes a metes and bounds division of
34. 4 acres into two lots. There is adequate dry
buildable in both lots; the 10. 1 acre lot has
the necessary two acres of dry contiRuous land and ,
a total of six acres dry buildable exclusive of '
wetlands. The t�ao new residential lots �vill be
served by the existing driveway. Private dr_iveway
and utility easements will be created over the
northern part in favor of the southern part. There
are two designated wetlands and a creek (Holy Name
Creek) �aithin the property and Planninc� Cor►rlission
recommends the City take a flowage and conservation
easement over all three. Please review the ?'lanning
Cor�ission r.iinutes of July 23, 1979 and September 24 ,
1979 for background discussion and recommendation.
Staff recomriends For approval the rnetes and bounds
division of William R. Pearce, subject to the
enclosed final resolution.
Council Meeting - Noveriber 13, 1979
Butler moved, Paurus seconded, to ac�opt Resolution RESOLUTInN �1�90
�1090, A Resolution Approving A Subdivision For �•�illiar,i Pearce
[Villiam R. Pearce, 1405/1485 Sixth Avenue P7orth,
subject to the following conditions:
l. The two new residential lots being served b��
the existing easement for a private driveway
2. This subdivision results in t�ao residential
building sites, the first beinc� the "rdorthern
Part" and the second being the "Southern Part"
as shown on Exhibit D.
3. Access to both building sites shall be by means
, of the existing private driveway and nrivate
driveway and utilitv easements to be created
over the Northern Part in favor of the Southern
Part.
4. A certified original copy of this resolution
together with executed copies of Exhibits A, B,
and C as noted above shall be filed with the
Hennepin County Recorder' s Office on or hef_ore
P4ay 13, 1980.
P�otion, Ayes (5) - Pdays (0) .
REGULAR t'IEEiING OF THE ORO?JO COUr1CIL, P10VEriBER 13, 1979 Page 5
Alan Olson, City Planner, entered into the record SUBDIVISION
the rectuest for a subdivision of Fred Fierfurth for 560 nld Long Lake Road
560 Old Long Lake Road, dated Nover►ber 7 , 1979 �511
�vhich states: Fred Herfurth
Zoning District - RR-1B
Total area - 67. 4 acres
Subdivision - 2 Lots - plat
P4r. Herfurth,renresenting the estate of F. P.
Heffelfinger, pro�oses a two lot nlat of anproxi-
mately 70 acres. The division will result in a
2. 5 acre lot (existing house) and a lot of 64. 9
acres (Outlot B + Lot l, Block 1) . The estate
does not plan to divide the larger parcel at this
time. The smaller lot with the existing home and
the ���arner residence (exception on plat) are
served by a 50 ' private driveway easement. mhere
is a total of 8. 5 acres of wetlands that we will
take a flowage and conservation easer.ment over.
Planning Commission recommends the private driveway
be designated as a 5� ' outlot. Staff noted for
Planning Commission that this would be an appropriate
time to consider a future road connection to the
west property line. Previously, we had reviewed
a sketch plan of a proposed ten lot division of
the Robert Owens ' property to the �aest. Coordination
of future develox�r.ient between the Owens and Hef_f_elf_inger
properties is important. Planning Commission decided
this would not be an _appropriate time to request
a future access but rather wait until the Heffelfinger
property is further subdivided. Staff, however,
recor.tr•.iends that the private road outlot be extended
t� the west lot line �vith this Platting as the
location is determined more by toPography than
lot development. The road would not be huilt, of
course, but no�a is the time to provide for future
planning opportunities by settinQ aside the onl_y
logical route.
The Planning Corunission was concerned when they
realized the property had been surveyed and deeded
b�� the Heffelfingers in 1969 and they advised the
applicant that if the 2.5 acre lot did not meet the
standards for subdivision apnroval, the lot lines
would have to be realigned. The septic insnector
examined the site and found there was ample room for
septic expansion. (see exhibits 2 & 3) .
Please review the Planning Commission r.iinutes of
September 24, 1979 and October 29 , 1979 for background
discussion and recorunendation.
(Continued)
RF.GULAR MEETING OF THE ORONO COUNCIL, PJOVEPZBER 13, 1979 Pa_qe 6
If approved, the Council' s recomriendation should SUBDIVISION
contain the following conditions: 560 Old Long Lake Road
(Continued)
1. Flowage and Conservation easement over all
of the wetlands
2. Dedication of 66 ' right of wav for Old Long
Lake Road
3. Creation of the following outlots with the
following liriitations:
Outlot A - 1. 0 acre not buildable according to
curr�nt open space easement until determined
buildable lot
Outlo� B - not platted as a single residential
lot but to be a part of a future platting by
Iieffelfinger estate
4. Park dedication fee of $100
5. Existing access to remain and to be designated
as a 50' wide outlot with Staf_f recommendation
that the outlot run to the west proPerty line
Council Meeting - November 13, 1979
PZr. Fred Herfurth, representing Mrs. Hef_felfinger,
discussed the proposed subdivision.
PSassengale moved, Butler seconded, to annrove the
preliminary subdivision request of Fred Herfurth
for 5G0 Old Long Lake Road, subject to the following
conditions:
l. Flowage and Conservation easement over all of
the wetlands
2. Dedication of 66 ' right of way for Old Long Lake
Road
3. Creation of the followin g outlots with the
followinq limitations:
Outlot A - one acre not buildable according to
current open space easement until deterrmined
buildable lot
Outlot B - not platted as a single residential
lot, but to be a Part of a future plattin_q by
Heffelfinger estate
4. Park dedication fee of $100
5. Existing access to remain and to be designated as
a 50 ' wide outlot with Staff recommendation that
the outlot run to the west propert_y line.
t�otion, Ayes (5) - Nays (0) .
REGULAR riEETING OF THE ORQNO COUP�ICIL, ?10��EMBFR 13, 1979 Page 7
Alan Olson, City Planner, entered into the record VARIATICE
the following variance request of O. E. Fisher, 4460 North Shore Drive
4460 rdorth Shore Drive, dated November 6 , 1979, #522
which states: O. E. Fisher
This application is a renewal of a lot area
variance approved by Council on r'iarch 16, 1978.
There are no changes f_rom the original pronosal.
The site plan meets all the setbacks of the Zoning
District LR-1B. Planning Commission restated the
original conditions of approval and added one more;
the gravel driveways serving the non-conforming
garages are to be removed and seeded.
Planning Commission also notes for_ the record their
concern that the new driveway should not exceed the
allowed additional hardcover of 360 sq. f_t. They
recommend against exceeding allowed hardcover for the
substandard lot and applicant to be advised that
patios, cement walks, etc. are considered hardcover.
Please revie��� the Planning Commission minutes of
October 29, 1979 for background and recommendation.
Council Meeting - November 13, 1979
Butler moved, rZassengale seconded, to approve the
variance rec�uest of O. E. Fisher, 4460 North Shore
Drive, per the Planning Commission recommendations,
as follows:
l. '^he gravel driveways serving the non-conforming
c�ara_qes are to be removed and seeded
2. The new drivewav should not exceed the allowed
additional hardcover of 360 sq. ft.
3. The applicant to be advised that patios, cement
walks, etc are considered hardcover
rSotion, Ayes (5) - Navs (0) .
Alan Olson, Citv Planner, entered into the record �7AR?ANCE
the variance rec�uest of A. ?t. Backstrom, 1973 Fagerness 1973 Fagerness Poin
Point Road, dated tlovember 6, 1979, which states: #5?_4
t�ir. Backstrom requests a street setback variance of A. R. Backstrom
33' .for a new garage 20' X 28' to replace a 20' X 18`
garage located 12' into the right of �vay of Fagerness
Point Road. The second part of his request involves
an 8' X 28' addition to the rear of the house. The
proposed improverments will require a hardcover
variance of 266 sq. ft. or 90. The improvements
will add approximately 434 sq. ft. of hardcover or
14. 6�. The addition will add 224 sq. ft. or 7. 5$.
The new garage (subtract existing garage ) will
add 210 sq. ft. or 7. 1$.
(Continued)
REGULAR �'IEETING OF ^'H� ORONO COUrICIL, NOVEPZBFR 13, 1979 Page 8
The Planning Corunission recommends aPproval oF the VARIANCE
aPplication; please review minutes of October 29 , 1973 Fagerness Point Rc
1979 for background information and recommendation. (Continued)
Council Meeting - November 13, 1979
Butler moved:,_ P4assenqale seconded, to approve the
variance request of A. R. Backstrom,l973 Fagerness
Point Road, per the Planning Commission recommenda-
tions of October 29 , 1979, with the understanding
it will be construction of the same relative height
and a flat roof and recognizing the additional
hardcover variance necessary for the addition due
to the hardships of lot size, house location and no
additional land being available. M�tion, Ayes (5) -
Nays (0) .
Alan Olson, City Planner, entered into the record �IARIArdCE
the request for a variance of Donald Ha_qen, 2130 2130 Shadywood Road
Shadywood Road, dated November 6, 1979 , which states: #527
Donald Hagen
P�Ir. Hagen requests a front (street) setback variance
of 15' for a 16 ' x 32 ' garage that will house the
t�ao far►ily cars and a boat. There is no garage on
the site. The garage doors will open to the south
or parallel to County Road 19. The apnlicant' s
rec�uest is based on the topography of the lot
for the only flat recreational area left would
be lost if setback is required. The applicant -
also notes that the runoff from the �roposed
location would drain toward the street. If the
30' setback is required, the drainage would flow
toward the lake. Planning Commission notes that
the garage setback 15' from County �oad 19 is
still set farther back than the neighbor' s to the
north. .
Planning Commission recommends approval of the
application; please review the r.►inutes of October 29 ,
1979 for background and recommendation.
Council Meeting - Plovember 13, 1979
Butler moved, Paurus seconded, to agprove the
variance request of Donald Hagen, 2130 Shadywood
Road, per the Planning Comr.mission recommendation
of October 29 , which state: this is a reasonable
location on the lot; it is consistent with the
neighboring garages; doors af garage open away from
the street; hardship being location of mature trees;
existing shed to be rer.loved within cor.lpletion of
c�arage construction. PZotion, A��es (5) - Na�.�s (0) .
REGULAR MEETING OF THE ORONO COUNCTL, NO�I�r�AER 13, 1979 Page 9
i4r. Bruce Douglas, representing North Shore Drive NnRTIi SHORE DRIVE
Marina, submitted a letter to the City Council MARINA
dated November 13 , 1979.
P4ayor Van Nest commented that the Council has not
rev�ewed Mr. Douglas' letter and would want time
to consider its contents.
24ayor Van Nest move�i, Butler secanded, to table the
tdorth Shore Drive P4arina resolution item on the
agenda until the regular meeting o.f November 27,
1979. Motion, Ayes (5) - Nays (0) .
Alan Olson, City Planner, presented the City Council SE�^7FR CONNECTIONS*
with a memo from Michael Gaffron, Septic System
Inspector,regarc�ing the se�ver connection status
dated November 6, 1979, which states:
A total of 22 properties remain to be connected
to municipal sewer. Violation tac�s citing "failure
to connect to public se�ver" were issued to the
following on October 31, 1979 :
Howard Johnson - 1635 Concordia Street
Richard D. Hollander - 680 North Arm Drive
Fred J. Baker - 1378 rlorth Arm Drive
Thomas C. Radford/ Larry Hork - 3250 Ldorth Shore Drive
These property owners have shown little or no
response to our repeated notices of required hookup.
I'our additional pro�erty owners were sent notices
that work must commence by November 30, 1979 or
tags will be issued. The remaining 14 property
owners have either indicated they are proceeding
with the hookup or have technical problems to
work out with staff.
Butler moved, Massengale seconded, to approve the JOINT MEETING DATE*
date of November 17 , 1979 for the Joint Council/ Council/Planning Comm.
Planning Commission meeting. Niotion, Ayes (5) -
P1ays (0) .
Aian Olson, City Planner, presented the City MINNEGASCO AGREEr�iENT*
Council with a memo regarding an agreement
with Minnegasco dated November 6, 1979 , which
states:
I recommend Council approval of the attached
agreement which provides that A4innegasco will
pay the City $10 per year to mail in reports of
building permits as they are issued. (Continued)
REGULAR P1�ETING OF THF. ORONO COUNCIL, NOVEPiBER 13, 1979 Page 10
tZinnegasco provides the report card which the MINNE�ASCO AGREEMENT*
permittee can fill out plus prepaid envelopes (Continued)
requiring staf� tir►e only for stuffing the
eneelope once a week or so.
Council r4eeting November 13, 1979
Butler moved, P2assengale seconded, to approve
the agreement with P4innegasco per the above
memo. P�otion, Ayes (5) - Nays (0) .
Alan Olson, City Planner, presented the Cit�� COrdDITIONAL USE PERP4IT
Council with his letter to Pdr. Charles Newman, & VARIANCE REPORT*
Attorney for Timothy Peterson of 280 Orono Timothy Peterson
Orchard Road, dated November 8 , 1979 , which 280 Orono Orchar_d Road
states:
"T am in receipt of your letter of 2lovember 7,
1979. I note that you or P4r. Peterson have not
yet subriitted any of the information requested
in my September 27 , 197� letter except for the
FCC license card. This information was to be in
my office no later than November 5, 1979 .
You must remenber that this applicatian is an
after-the-fact situation and that the in�lace
tower is in violation of the Ordinances until a
permit and/or variance should be issued. It is
incurmbent on you to see that the inFormation is
submitted in a timely manner or the Cit�� will
have to act on your current incomplete application.
At your request, the Council on October 16 , 1979
deferred the application until the rdovember 13,
1979 meeting when they will be expecting a rePort.
I had hoped to advise them that a revised application
was beinc� reconsidered hy the Planninc� Cor�*iission.
As of this time, if we receive the survey, structural
data, etc. as of N�vermber 19 , 1979, it will he on
the Planning Commission' s November 26 Agenda. If
new information is not f_orthcoming, the Council
will probably want to review the matter at their
November 27, 1979 meeting. "
Council P�eeting - rlovember 13 , 1979
Butler moved, ??assenqale seconded, to approve
Alan Olson' s letter to Psr. Charles Ne�aman,
attorney for Timothy Peterson of 280 Orono
Orchard Road, regarding P4r. Peterson' s variance
and "conditional use permit. Motion, A��es (5) -
PJays (0) .
REGULAR P�IEETIN� OF THE OROP70 COUi1CIL, NOV�P4BER 13, 1979 Page 11
Glenn Cook, City �ngineer, nresented the Citi� RIT1� RnUTE
Council with his letter to Buffalo IIituminous
dated November 8, 1979, concerninc� the ring
route , which states:
"T9e met with George ricAlpine on '?'hursdav, November lst
at the Orono City Hall. �eorge indicated that it
was your intent to complete the paving on the Ring
Route and that with reasonable weather the pavina
would be completed this week.
The paving will not be started this week as per
our discussion toda�� but your intent is to nave
the first part of next week. It is imperative
that the Ring Route be opened to traffic this fall.
You indicated that the bituminous base will be
placed this fall at a minir_mur.i and the base could
be used as a driving surface until next spring if
necessary.
The completion of the bituminous �urfacing on the
Ring Route,Turnharm Road and [9atertown Road must be
coMnleted as soon as possible. The guard rail and
shouldering work must also be completed prior to
opening the roadwav for traffic.
If you have an�� questions, please contact this office. "
Council Meeting - Nover_tber 13 , 1979
rlenn Cook, City Fngineer, commented that the
Ring Route should be blacktopped this week.
Glenn Cook, City Engineer, commented that the Orono OROrIO ORCHARD ROAD
Orchard Road construction should be completed this
week.
r4ayor Van Nest cor:imented that the Citv of P4edina MEDIrIA-ORONO A��2ErNi�NT
and Orono have met and aqreed to draft the PZedina-
isorningside sewer agreement �aith some r.�oderate
changes and that federal fundinc� is beinc� reRuested
to assist both of us in this project.
Air. Jiri Scruton and Mr. Rock Lindlan, representing COUNTY ROAD #15
the ��est Tonka Chariber of Commerce, discussec� their
concerns with increased traffic on Henne�in County
#15 between Navarre and Mound.
t4r. Lindlan commented that SprinR Park and P'!ound are
in favor of improving Hennepin County #15 and we are
requesting the Cit�� of Orono to participate in this
effort. The present two-lane road is inadequate, at
this time, and we would caant youu to review with us
our concerns. (Continued)
REGULAR ?'IEETING OF THE ORONO COUrICIL, PT0�1Er4B�R 13, 1979 Page 12
C�uncilmeriber Butler: [ae do not want to encoura_qe COUNTY ROAD #15
additional traff_ic and speed on Count�� Road #15. (Continued)
Councilmember r�lassengale: �de are concerned with
safety and do not believe that adding additional
traffic and increased speed is a viable solution
to the problem.
rir. Lindlan rec�uested the City Council to participate
in a meeting Faednesday, November 1� , 1979 at 7 : 00 P.P'i.
at the `r'win Bir_ch Nursing F�ome to consider the matter.
Paurus moved, P4assengale seconded, to participate
in a meeting with Tiound and Spring Park on Wednesda_y,
November 14, 1979 at the Twin Birch rlursinc� Horie
regarding County Road #15. rsotion, Ayes (5) - Nays (0) .
t�Iayor Van Nest reviewed �,,�ith the City Council the POLICE U11IOP1 CONT^�C`^
1979-1980 Police Contract.
Hurr moved, Massenc�ale seconded, to apnrove the 1979- 1979-1980 POLICE
1980 Police Union Contract. P4otion, Aves (5) - UNION CON'I'RAC`I'
P1ays (0) .
Dick Benson, City Administrator, presented the City 1980 SHADE TREE �RANT
Council with a mer►o from Tom Kuehn, Finance Director,
regarding the 1980 State Shade Tree Proc�ram rrant,
dated Noverlber 8 , 1979 , which states:
Budget year 1980 is the last year that funds are
available for the State unless the legislature
takes action to extend the program. For 19t30, the
Cit�� could recover un to 50� of_ the actual costs
incurred. This could amount to 523, 848 in State
grant money (1/2 of $47, 696) .
Attached are copies of the 1980 Shade Tree Program
Application, the 1980 Shade Tree Program Descri�tion,
and a resolution authorizing the Citv to participate
in the 1980 program and indicating the budget for 1980.
For the 1980 year, the c�rant a�plication specifies
that the budget amounts be indicated in the resolution.
That is the only significant difference fror.m the 1979
Progran Application requirements.
Council P•4eeting - Nover.tber 13, 1979
Butler moved, riassengale seconded, to approve the
1980 Shade Tree Program Application. rsotion, Ayes
(5) - i�days (0) .
Butler moved, P�assengale seconded, to adont Resolution RESOLUTION #1091*
#1091, A Resolution Authorizing Particix�ation In mhe 1980 Shade Tree
1980 Piinnesota Shade Tree �rant nrogram. PZotion, Program
Ayes (5) - Nays (0) .
RE�ULAR MEETIN� OF THE ORONO COUPICIL, NOVEP'[BF.R 13 , 1979 Page 13
Dick Benson, City Administrator, presented the ELr4 TREE REMOVAL*
City Council with a memo from John �erhardson,
Public Works Coordinator, concerning diseased elm
tree removal, dated ?lovember 1, 1979 , which states:
During the 1979 Dutch Elm Disease season, the City
of Orono received notice of nine diseased elm
trees on street right of ways that could not be
removed by the public works de�artment.
Therefore, I received informal bids for the cutting
down only of nine trees from private tree removal
firms. The public works department will clean up
and disnose of the trees ��hen thev are cut down.
The following is the tabulation of the bids:
Sutherlund Tree Service 51, 075
Tonka Tree Service $1,570
�ager Beaver Tree Service $1, 425 '
Shorewood Tree Service Incomplete Bid
Lutz Tree Service Incomplete Bid
Tall Tir_iber Tree Service $1, 070
The City of Orono, through the State of r4innesota
Diseased Shade Tree subsidy prograri, will be
reiribursed up to 50 0 of this cost.
Therefore, it is my recor,�mendation to a�aard the
bid to Tall Timber Tree Service for the cutting
down only of nine trees on street right of_ ways
for an amount not to exceed $1, 070.
Council r4eeting - tdover.mber 13, 1979
Butler r.moved, Psassengale seconded, to approve the
low bid of Tall Timber 7'ree Service in the amount
of $1, 070 for cutting down nine trees on City
street right of ways. Motion, Ayes (5) - NaYs (0) .
Dick Benson, City Administrator, nresented the mREE PLANTIN� BIDS*
Citl Council with a memo from John rerhardson,
Public �Jorks Coordinator, regarding tree nlanting
bids, dated October 30, 1979 , which states:
In 1976, the first l�ear that the City of Orono
bec�an participating in the Communit�� Development
Block �rant Prograr.i, S5, 000 was allocated for tree
planting on ric�ht of ways . .
There was some confusion as to �ahere the trees
should be planted, but that has been resolved.
Therefore, I have received bids f_or the tyne and
size of trees that would he planted b�� City
crews on City ric�ht of ways. (Continued)
R�GULAR P�ZEETING OF TH� ORONO COUPICIL, PdOVEi1BER 13 , 1979 Page 14
The following is the tahulation of_ the hids: TREE PLA*1TTNC� BIDS*
(Continued)
Otten Bros. Nurserl� $ 8,251.50
Y.elley & I:elley, Inc. $11,590. 00
Forestland Nursery $ 4 , 138. 25
Therefore, it is riy recommendation to purchase
eighty-three trees from Forestland Nurser�� as per
the bid price of 54,138. 25. There will be a
balance of $861 for that project, which can be
apPlied to ec�uinment and labor f_or City crews
planting the trees.
Council P4eeting - November 13, 1979
I3utler moved, 24asssengale seconded, to approve
the low bid of Forestland Nursery in the amount
of $4,138. 25 for eiqhty-three trees for Cit��
ric�ht of ways. r4otion, Ayes (5) - r7a��s (0) .
Dick Benson, City Administrator, presented the SUBURBAN POLICE
City with a mer.to regarding Suburban Police RECRUITMENT SYSTEP'I
Recruitment System, dated November 6 , 1979 ,
��hich states:
The City of Orono has been participatinc� with
other cities in developing a system of recruiting
police personnel.
The attached materials explains the �rocess
and the benefits in cost and time in filling
vacancies.
The cities will maintain control by establishing
an oral board to allow local decisions in the
final evaluations.
I recommend approval of the attached resolution
and agreement.
Council P4eetinc� - Nover.iber 13, 1979
Psayor Van Nest moved, Massengale seconded, to
apProve the Joint and Cooperative Agreement
Suburban Police Recruitment System. r�otion,
Ayes (5) �- Nays (0) .
Psayour Van Nest moved, Massengale seconded, to RESOLUr"IOPd #109 �
adopt Resolution � If1�32, A Resolution Authorizing Police Recruitment
ParticiPation In The Suburban Police Recruitment
Svsteri, r2otion, Ayes (5) - Nays (0) .
REGULAR P'iEETI2dG OF TIiE ORONO COUrICIL, NOVFP'lAER 13, 1979 Page 15
JOIPIT P0�4ERS AGREEr'IENT
PZassengale moved, P'Iayor Van tdest seconded, to Tnvesti ation Sctuad
table the resolution and agreement for a joint �
power investigation squad until further
information is available. bSotion, Ayes (5) -
rdays (0) .
LON� LAKE POLICE
Dick Benson, City Adr•iinistrator, infnrmed the OrF?CERS*
City Council that the approved 19II� Police
Contract with the City of Long Lake provides
for two additional Police of_ficers to be
assic�ned to Lonc� Lake. The additional cost
will be borne solely by Long Lake. "'hey will
be supervised by Orono and will be available
to respond to all er.►ergency calls in Orono and
Psinnetonka Beach, as well.
��e have published an advertisement to fill
these full-time positions to allow us to
finish the testing �rocess by necemher 15 ,
1979 to allow these two positions to be
active by January 1, 1980.
nutler moved, r4assengale seconded, to anprove
advertising for two full-time police officers
to be assigned to Long Lake to be ready for
duty by Januar�� l, 1980. Pdotion, Aves (5) -
Nays (0) .
'.^RAFFIC CONTROL*
Dick I3enson, City Administrator, inf_ormed the Orono High School
City Council that for the past months , we have
discussed with the Orono School District their
rec�uest to patrol the hi_qh school �arking lots
when convenient for the police r�atrol. Our
concerns have been that we did not want to
create a make-work load for our Police Departr►ent
on a regular basis, hut we would �rovide this
service at random in conjunction with other
patrolling services.
The Orono School has held their �ublic hearing
on the matter and have adopted the rules in
accordance with Pi.S. 123. 352, Sub. 2 of the
State Code which allows the Police Departrment
to ticket violators on school propert_y. Our
attornevs have reviewed the matter and have
approved the procedures.
�ae will coordinate our efforts on available
time only, or on complaints from the high
school staff in conjunction with x�rovidinc�
traffic control at the intersection of the Old
Crystal Bay Road and State Highway #12 .
Butler r►o�ed, Piassengale seconded, to approve
traffic control for the Orono high school
per the above memo. P4otion, Ayes (5) - Play�s (0) .
REGULAR P�IF�TING OF THE ORONO COUNCIL, NOVE�'IBFR 13 , 1979 Page 16
Butler r►oved, t�lassengale seconded, to approve the SUr'[r•'IARY OF RECEIPTS;etc
Surimary of Receipts, Disbursements, and Balances June, 1979*
for June, 1979. Motion, Ayes (5) - Na1s (0) .
rial�or Van Nest moved, r'Iassengale seconded, to SUr'Lr�AR1' OF RECEIPTS,etc
approve the Summary of Receipts, Disbursements, January-June 30 , 1979
and Balances for six months ending .7une 30 , 1979.
P�otion, Ayes (5) - P1ays (0) .
P2ayor Van Nest announced that the Navarre Bank PUBLIC HEARING DATE*
Industrial Revenue Bond Public Hearing will be Navarre Bank
held November 27, 1979 at 7: 30 P.P1.
nick Benson, City Administrator, presented the COP7MUNITY DEVELOPP�ENT
City Council with a letter concerning the �LnC?: G�ANT LETTER
Community Development Block �rant Program,
which states:
"1�?-. Larry Blackstad, Coordinator for the Comrmunity
Development Block Grant Program, which is administered
b�� Hennepin Count��, has requested the City of Orono
to contact the cities of Long Lake, tsinnetonka
Beach, S�ring Park, P�aple Plain, Independence,
and P4edina to determine if these cities would he
interested in pooling their Years Six and Seven �
Programs for assisted housin_q projects.
Pursuant to the approved Urban Hennepin Count_y
Citizen Participation Plan, Planning Area #5, a
Citizens Advisory Comriittee cormposed of renresenta-
tives of the Lake I�iinnetonka communities, are
encouraging communities contiquous to each other
to participate in assisted housing projects. �lr.
Blackstad is sugc�esting that the north and west
areas coordinate their efforts, as have. the south
shore areas.
2ir. Blackstad will be chairing a rmeeting at the
Orono Council Chai-ibers Pdover.ther 29 , 1979 at 7: 30 P.rs.
to discuss with representatives of ��our citv your
interests in particinating in this activity.
Looking forward to seeing you on November 29 , 1979 ,
I am
�4alter R. Benson" .
r�a��or Van 'Test�m�Tre�, *�assengale sec�nc�ec�, to a�nrove the
above letter to be sent to Long Lake, P4innetonka
Beach, Sprinc� Park, TZaple Plain, Independence,
and riedina. tsotion, Ayes (5) - Nays (0) .
REGULAR MEETIPJG OF mHE ORONO COUNCIL, NOV�'�2RER 13, 1979 Paqe 17
tlayor Van Nest announced that the public hearing PUBLIC fiEARIN� DATE*
for the Community Development Block �rant Proaram CDB�
will be held Novemher 27, 1979 at 7: 00 P.ri.
Dick IIenson, City Administrator, presented the REALLOCATION OF BLOCK
City Council with a memo from John Gerhardson, �R1�rdT FUNDS
Public Works Coordinator, Allocation of Community
Development Block Grant Funds, dated Nover_Zber 7,
1979, which states:
In 1975, the Orono Council allocated $6 , 000 of
Community Development Block Grant funds to construct
a nike/Hike Trail on �aillow Drive frorm U.S . Hiqhway
12 to County Road 6. +
In 1976, the City Engineer presented a cost
estirlate to construct a three to five foot naved
shoulder on that part of �Villow Drive. After
reviewing the engineer' s cost estimate, it was
determined that a project of this nature could
not be completed for the amount allocated. There-
fore, in 1976, the Orono Council allocated an
additional $6, 800 from year III of the Coru�unity
Development Block Grant fund, that allowed a grand
total of $12 , 800 to construct the Bike '^rail.
In October of 1979 , the Orono Public �Vorks Depart-
ment constructed the IIike Trail on Faillow Drive.
It has been determined that the total amount
allocated is not sufficient to cover the cost of
the project.
I have reviewed the balance o_f funds in other
projects designated in 1975 and have determined
that the Orono Council can reallocate:'_ the �alance
of funds remaining in project #7?. (aclrtinistration
of Cor,u;lunity Developr.ient Block Grant Funds) to
the bike/hike trail project on T^7illow Drive to
cover the total cost of the project.
The reason I suggest using that allocation is that
after 1975, all projects had adiT�inistrative costs
allocated to the total allocation of each nro�ect,
thereby, eliriinating administrative costs as a
separate x�roject number.
Therefore, it is m�� recommendation that the Orono
Cit_v Council authorize allocating the balance o_f
funds remaining in Project #72, $4 ,777 of _year II of
the Comriunit1� Development Block �rant Program to project
�70 of year II and �roject #77, year III of the Community
Development Block Grant-Bike/Hike Trail on �9illow Drive.
(Continued)
REGULAR MEETING OF THE OROrIO COUPdCIL, t°IOVEr4BER 13, 1979 Page 18
Council i4eeting - Ploverlber 13, 1�79 REALLOCAmIOrd OF BLOCK
�RAr1T FUNDS
Councilmember Hurr expressed concern with the (Continued)
ap�arent cost over-run in constructing the bike
trail.
Butler moved, rsassengale seconded, to approve
the reallocation of Community Develo�ment Block
Grant Funds per John Gerhardson' s r.1er►o of
Ploveriber 7, 1979 . PZotion, 1�yes (5) - Na��s (0) .
Dick Benson, City Administrator, inforr�ed the SUMPZIT PARK
City Council that on September 11, 1979 , the
Park Comr.iission rec�uested Council approval of
$500 to initiate an enc?ineer' s stuciy to determine
uses of the Sumr.iit Park property. T2r. Bruce
Dayton has also indicated he would be willing
to contribute to the cost of developing a plan
to determine uses of the Summit Park area.
I recor,unend City approval of r4r. Dayton' s offer
to proceed with the Park Commission in deterr:�ining
uses of the particular area.
Butler rloved, Paurus seconded, to follow the
procedures set _forth to assure adec�uate plann�_nq
in identifying recreational needs that adhere to
Orono' s neighborhood park concept:
l. Send copies of current Comprehensive Guide
Plan to Park Cor.lmission
2. Encourage Park Cor?imission to initiate City
�vide survey identifying needs of existing
City owned park pr_operties (existing and
proposed)
3. Incorporate all survey results with Cortpre-
hensive �uide Plan after approval of Park
Commission, Planning Corunission, and Council
4. After approval, initiate planninc� of annronriate
uses of specific City park proPerties
�. Implement tir.te-table to develop �roper uses
, of City park properties
P4otion, Ayes (5) - Nays (0) .
Piavor Van Nest moved, Ilutler seconded, to ax�prove 3. 2 BEER ON-SALE
a 3. 2 beer on-sale license of the Bear Flag LICENSF*
Restaurant, 2160 ��7ayzata Boulevard, for Janet
P4cKelvey and Frances Slane, subject to Lonq Lake' s
approval. Motion, A��es (5) - ilays (0) ,
REGULAR P'[EETIN� OF TI�E OROP10 COUNCIL, NO�IEMAER 13 , 1979 Page 19
Butler moved, 2�Iassengale^ seconded, to approve SALARv INCREASE*
the salary increase for John �erhardson, Public John �erhardson
Works Coordinator, to $23, 915. 67 per year,
effective Novemher 12, 1979. Piotion, Ayes (5) -
Pdays (0) .
Butler rtoved, Piassengale seconded, to approve SALARY INCREASE*
the salary increase for Alan Olson, Cit� Planner, Alan Olson
to $24 , 259. 12 per year, effective rTovember 12 ,
1979. t•iotion, Ayes (5) - Nays (0) .
IIutler moved, Massengale seconded, to apnrove SALARX INCREASE*
the salary increase for t7el Kilbo, Chief of r4e1 Kilbo
Police, to $24, 47_2. 36 �er year, effective
Plovember 12, 1979. Piotion, Ayes (5) - Na_ys (0) .
Butler moved, Piassengale seconded, to approve SALARY INCREASE*
the salary increase for Lorraine P�c�owan, Liquor Lorraine Mc�owan
5tore Dsanager, to $18,540 per year, effective
Idovember 12, 1979 . Psotion, Ayes (5) - Na��s (0) .
Dick Benson, City Administrator, informed that SPECIAL ASSESSMENTS
City Council that he r.1et with Kathleen Davis, Senior Citizens
Legal Aid Attorney, and reviewed her proposed
resolution deferring special assessments for
persons 65 year of age or older.
The suggested resolution will relieve nersons
with financial hardships that cannot adjust to
supporting special assessments during their
retirement years, and will not create a short
f all for the cities debt retirement nroc�ram.
I recommend Council approval of the suqc�ested
resolution.
P4ayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1093
Resolution #1093, A Resolution Relating To Defer Special Assessmeni
Deferment Of Special Assessments For Persons Senior Citizens
65 Years Of Age Or Older. P�Iotion, Ayes (5) -
Nays (0) .
Dick Benson, Cit�7 Administrator, presented the DiN/DOT LETTER
City Council with a letter from the r�Iinnesota #12 & nld Crystal Bay Rc
Department of "'ransportation dated November 5,
1979 , concerning the traffic sic7nal for U.S.
Highway #12 and Old Crystal Bay Road.
Letter - Page 20 (Continued)
. o � � �� u �
D
�,�NN�OTq -
� � Minnesota N011� 9 19t9
Department of Transportatioi�
'- District Five
F,yr �� 5801 Duluth Street Cl�l �06 �ORO�
� 7a� Golden valley, Minnesota 55422 _ .
, November 5, 1979 (b12) 545•3761 .
Page 20
Mr. Walter R. Benson
� Orono City Administrator
1335 Brown Road South
Orono, Minnesota
In Reply Refer To: 315
C.S. 2713 (T.H. 12)
At Old Crystal Bay Road
Stop Signs - Resolution #1084
Dear Mr. Benson:
This letter is in response to Orono Resolution #1084 in which the City of
Orono "requires" Mn/DOT to install a four-way stop at the subject "dangerous"
intersection.
I must point out that the City of Orono does not have the authority to require
Mn/DOT to install a stop sign on a Trunk Highway; although, they may request
one be installed. �
A review of the accident history at the subject intersection indicates that
there were two reported accidents in 1974, two in 1975, four in 1976, eight in
1977, nine in 1978 and one during the first six months of 1979. Our records
do not indicate any fatal accidents at the subject intersection during the past
five years. If your records do not agree with ours, I suggest you send us
copies of the accident reports.
As for a "dangerous" intersection, all intersections could be considered
dangerous. However, the nine reported accidents in 1978 resulted in an accident
rate of 2.0 accidents per million vehicles and ranked 81st in District 5 alone.
We cannot justify stopping over 11,000 vehicles per day on Trunk Highway 12
considering the past accident history. In fact, a four-way stop may not reduce
the total number of accidents at the intersection. However, it would result in
unnecessary delay and increased fuel consumption.
Therefore, I must deny the City's "requirement" to install a four-way stop at the
intersection of Trunk Highway 12 and Old Crystal Bay Road.
Sincerely,
�
i ,CC k' �L�=.c�t
� �
. M chael Robinson, P.E.
District Traffic Engineer
An Equal Opportunity E�nployer
�-'d�Qs
R��ULAR riEETIN� OF THE OROP10 COUNCIL, NOVEI4BER 13, 1979 Page 21
Council r4eetinc� - November 13, 1979 *�N/DOT
#12 & Old Crystal Bay R�
t4assengale noved, IIutler seconded, to direct (Continued)
Cit�� sta�f to suhr.lit a letter to the Denartment
of Transportation outlining City concerns, which
are:
Department of ^'ransportation is ignoring our
irunediate concerns which are safety, traffic
control and the City and School District' s
responsibility to work with the DOT in resolv-
ing our mutual problems.
Piotion, Ayes (5) - P1ays (0) .
Dick Benson, Cit�� Administrator, presented the RFFUND*
City Council with a memo from ^'om 1:uehn, Finance 2779 Shadywood Road
Director, dated Pdovember 9 , 1979 , which states:
PZrs. P�ary t�atson, 2779 Shadywood Road, has paid
the third quarter sewer bill twice. It is
rec�uested that the over-na�.�ment of 522 . 75 be
refunded to P�4rs. Watson because she is moving.
Council Meeting - ilovember 13, 1979
Butler moved, Massengale seconded, to approve
a refund in the ar-iount of $22. 75 for rsrs. P'Iary
Watson in overpayment of_ a sewer bill. r'Iation,
A��es (5) - Nays (0) .
Councilmermber Paurus instructed Citv staf_f to 3559 LYRIC AVENUF
investigate the use of the property at 3559 Lyric Zoniner Code
Avenue to determine if there is a zoning code
violation.
Butler moved, r4assengale seconded, that the All BILLS*
I'unds Accounts 8198 through 8238 , 10776 through
10778, 4448 through 4514, 11538 through 11541,
11546 and Lic�uor Store Accounts 13340 throuc�h
13355, be paid. Motion, Ayes (5) - Na_ys (0) .
Butler moved, P4ayor Van Nest seconded, that the ADJOURN"u'NT
meeting be adjourned at 11: 26 P.M. Piotion,
Ayes (5) - Nays (0) .
. Gl.�.,
�9illiam B. ��an rles , Psayor
Attest: ��'V
tilalter . Benson, Cit� Administrator