HomeMy WebLinkAbout12-11-1979 Council Minutes �' , i y,
CTTX nF ORONO
Regular �4eetinc� o.f the Orono Council, 7 ; 00 ",r�,
Decenber 11, 1979
The Orono Council met on the above date with
the followinq memhers present: T�ayor Van Pdest,
CouncilMembers F3utler, Hurr, and rqassenc�ale.
Councilmer•.tber Paurus absent. Also present:
City AdMinistrator Benson, City Planner Ols�n,
City Attorney rsalkerson, Citv Engineer Cook,
and Planning Comriission Plember Jabbour.
Butler moved, tiassengale seconded, to ax�nrove the CONSEPIT Af�ENDA*
Consent Agenda* , subject to removinc� iter.i �5,
with all staff data and supportive inforrtation
to be included in the �sinutes in the seauence
they occur. *�otion, Ayes (4) - rdavs (0) .
Butler moved, ?'Iassengale seconded, to approve MITJUTES
the P�inutes of the Regular rieeting of Novernber 13,
1979 , as amended. r'totion, Ayes (4) - P1a��s (0) .
Dick Benson, Citv Adriinistrator, comriented that PATtK COrrtr'[ISSION COMP4ENZ
the Park Cor,unission is preparine� to initiate their
park needs anc� use survey to the Orono residents.
Councilmertber Hurr and the Council aqreed that
the survey should be coordinated with the Orono
Coi~imunity Education Proc�r�r*m to qenerate coverage
�t other cities in the school district compiling
u�es in needs in all the cities in the area.
The Lake Minnetonka Conservation District will LNZCD REPORT
� hold a Public h��aring at the P'tinnetonka Art
Center on [dednesday, December 12, 1979 , concern-
ing �tate aeronautics regulations for Lal�e
P4innetonka.
Planning Comr.iission Piember Jabbour cor.u�ented PLANNIrI� CONi.'�iISSION
that he would be available throughout the meetinc� COr�iriFNTS
to discuss agenda items.
� Psal�or Van Pdest comrlented that the Comnrehensive COD'IPREHENSIVE PLANNING
Guide Plan requires f_urther review. COT�II"IENTS
Alan Olson, City Planner, entered into the ITdDUSmRIAL RE�TFNUE BONI
record the follo�•�ine� concerninq the First Plavarre Bank
Tlational BanY of Navarre industrial revenue
bond and preliMinary subc�ivision reRiiest,
dated December 3, 1979 , �vhich states: (Continued)
'` RE��'ULAR P'IEETIN(� OF 'I'HE ORONO COUr7CIL, DECEMBER 11, 1979 Page 2
There are t��o parts to this aqenda items. INDUSTRIAL REVENU� BONDS
(Continued)
l. The first is final approval of the 1RB Resoluton
as concePtuall�� apnroved at the last rieeting
subject to final receint of_ all rec�uired
paperwork.
2. The second is preliminarv ap�roval of the
Proposed subdivision. The dividing line is
to be at the 250 ' existinq zoning line as
conceptually reviewed by the Council. This
has now been reviewed by the Planning Com-
riission, including holding of a �ublic inforr*ia-
tion meeting, with their recomriendaiton for
approval as follows:
a) Two lot division: 1 zoned B-4
required 20,000 �c�. ft.
proposed 58 , 337 s�. ft. = 1. 34 acres
1 zoned LR-1B
rec�uired 43, 560 sq. ft. - 1 acre
pro�osed drv 128, 176 sc�, ft. _ ?.. 94 acres
wet 71,943 sct. ft. = 1. 65 acres
Total: 300, 119 sc�, ft. = 4 . 59 acres
The LR-1B lot is one building site until
and unless further subdivided in the future.
b) Commercial access per building r�lan
approval o.ff County Road 19. Residential
access off Kelly Avenue on the southeasterlv
corner of the lot.
c) Flowage and conservation easement over the
wetlands below elevation 940 except for a 60 '
strip reserved for future access and utilities
to Kellv Avenue as ahove.
d) Psaintenance easement for 10 ' landscaninc�
and berm area alonc� corunercial lot border.
e) ParY. dedication fees per schedule:
l. Comr.iercial development 1. 34 ac. X 500/ac. _ $670
2. Residential lot 4.59 acres 200
`_T'Otal .ST$7 0
Staff also adds:
f) Normal dedications o� street ric�hts of �aav
and drainage and utility easenents.
g) Payr,tent of any unusual adr:iinistrative costs
(none incurred to date)
(Continued)
` REGULAR PIEFTINC� OF THE ORONO COUTICIL, DECEPIBER 11, 1979 Page 3
h) Assessr�ent review. Sewer and �•�ater INDUS"_'RIAL REVErdUE BONDS
assessrients on the raw land are suff_icient rlavarre Bank
per this subdivision althouc�h additional (Continued)
units ���ould be due �aith the huildinc�
permit for the bank and/or with an�� future
replat of the residential lot.
C�uncil P!Ieeting - December 11, 1979
P�ayor Van Nest raoved, Butler secondecl, to
approve the preliMinary subdivision f_or the
First Plational Bank of Navarre, suhject to
rerioving the shed. Motion, Ayes (4) - Na��s (0) .
ilayor Van Nest rtoved, Butler seconded, to adont FtESOLUTIOrd #1079
Resolution #1097 , A Resolution Giving Prelir►inar_y Revenue Bonds
11��roval To A Project Under The r'Iunicipal Inc�us- PJavarre Bank
trial Development �ct; Referring The Pro�osal To
The Commissioner Of_ Securities For Approval; And
Authorizing Preparation Of Necessar1� Documents.
P4otion, Ayes (4) - Nays (0) .
Alan Olson, City Planner, entered into the SUBDIVISION
record the rec�uest of Robert S. Olson, 4665 4665 Bayside Road
Bayside Road, for a final suhdivision, dated #443
Decertber 4, 1979 , which states: Robert S. Olson
The applicant has completed all of the require-
ments for final subdivision a�proval. The barn
on Lot 2, Block 1 sustained structural damage
during the spring of 1979; the structure was
rebuilt in place.
Staff recomr,►ends aPProval of the Bavview �'arr�s
plat subject to the conditions cited in the
enclosed resolution.
Council Meetinc� - Deceriber 11, 1979
Hurr moved, P'tassenc�ale seconded, to adopt Resolution RESOLUTION #1098
�1098, A Resolution Approving The Plat Of Bayview Bayview Farms
Farms, includine� additi_onal �setback distances. 4665 Bayside Road
Psotion, Ayes (4) - Nays (0) .
� RECULAR PZEETING OF THE ORONO COUNCIL, DECEMBER 11, 1979 Page 4
�lan Olson, City Planner, entered into the record CONDITIONAL USE PERP�IT &
the request of Timothy Peterson, 280 Orono nrchard VARIANCE
Road, for a conditional use per�it, dated December 4,280 Orono Orchard Road
1979 , which states: #500
Tirlothy Peterson
Attached is a letter from Pir. Peterson' s attorney
listing seven claimed hardships to justif�� variance
to the City' s ordinances. P�ost are variations
of the freedom of speech agrur.ient but f_ail to
address any factual reason that a shorter antenna
or other technology �vould not work equally as well.
None are related in any way to the rec�uired findings
of_ Section 32. 340 regarding harc3shi�s to the land.
�ae have received no other information as of this
date. �Ve have written a letter to the FCC rec�uest-
ing investigation of the interference nrobler,is and
answers to the alternate technology c�uestion.
Letter from Charles J. Newman, P4r. Peterson' s
attorney, dated Decer,lber 1, 1979 - Pages 5 & 6
Council P4eeting - December 11, 1979
Present were: P'Ir. Peterson, Mr. Plewrman, and
P'Ir. Jaeger.
P4r. Peterson cor,unented that certified engineering
drawings are being corlpleted and a survey will be
forthcoriing. P4r. Jaeger reviewed his letter
corunenting on Psr. Peterson' s hardships.
Psayor Van Pdest: Orono has performance standards
that sets height limits at 65 feet.
Psr. Jaeger: T9e discussed our topography facts
last week. We are in a hole.
Mayor Van Nest: Your antenna is located in the
hic�hest area in nrono. Orono is not trying to
deny hobby or corunercial uses of your antenna.
Our concerns are safety in a residential zoneo
Our Compehensive Guide Plan denotes this as a
residential area. Neighbors are concerned,Orono
is concerned. Public safety has to be considered.
This is our job to represent the residents. TVithin
a 65' height limitation, you should be able to
operate your hobby. Beyond that, you affect
property values. Diminution in land values has to
be considered. Your operation is not consistent
with surrounding land use. You have not demonstrated
a hardship to justify going beyond the 65' lir�itation.
Again, I say to you, we are not trying to regulate
commercial uses, as long as you are operating accord-
ing to the FCC. (Continued)
�
� ` - � ;-. Page 5
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,_..
' � : ._,�
CHARLES J. NE��AN �
P. O. Box 15224 �
Minneapolis Minnesota 55415 C�N� dF �RO.[��
a-"` . . r��JJ ` ���
���J�-� ��1`_I � J
�1��
December 1, 1979
City of Orono
Municipal Offices
Post Office Box 66
Crystal Bay, Minnesota 55323
Zn re: #500 Conditional Use Permit & Variance
Timothy J. Petersen
280 Orono Orchazd Road
Attn: Mr. Alan P. Olson Esq.
City Planner
Gentlemen:
Zneccordance with your request the statements that appear below -
may be considered Mr. Petersens HARDSHIPS to be considered in his
application for his conditional use perr�it and variance application.
1. Mr. Petezsen states to the City Council that he has an inherent
Constitutional Right to coc�anunicate as provided by the Lbmmunications
Act of 1934
2. Mr. Petersen states to the City Council that any restrdction as
to the heiqht of the antenna is a constructive violation of
Mr. Petersens right to the FREEDOM OF SPEECH Under the First and
Fourteenth At�enc�nents to the Const�tution to the United States
Amezica.
3. Mr. Petersen states to the City Council that he requires the
antenna at the said height as now applied for due to the fact that
Mr. Petersen performs various ca�ununications services as a public
� Service foz life and property on sea and on land wozld wide.
4. Mr. Petersen state to the City Council that he requ�fres the
antenna at the said height as now applied for due to the fact that
as a public service Mr. Petersen provides phone patches for
Service men overseas with their families in the United States.
` � � Page 6
Villaqe of Orono
Page -2- .
December 1, 1979
5. The applicant states to the City Council that the antenna is
an Artistic Creation and adds value to the property.
6. The applicant states to the City Council that the antenna that
� is presently under consideration is substantially smallet
than anotheT existing structure that has presently been approved
by the City of Orono at prior date.
7. Mt. Petersen states to the City Council that he has a substantial
investraent in his Ar.►atuet Radio Hobbq in excess of $20,000.00 and
by refuaal of the right to maintain an antenna as recruested he is
being deprived the right to use his residence as he desires and
refusal is a viblation of Mr. Petersen right to the free enjoyment
of his propeTty as provided by the Constitution of the United States
of America and is an abuse of Police power as provided by the
Constitution of the United States of f�merica.
As to the other issues that you tequested, Mr. Petersen has hired
a structuzal engineer to certify the structure and the drawinq along
with a recertification of the location and height of the antenna
will be delived to your office in approximently 2 weeks or as soon
as the recuested matezial has been received.
If you desire any thing further, please contact the undersigned of
Mr. Hugh Jaeger. Thank you foz your professional expertisein
the handling of this mattez.
Very yours,
✓ `
. NEjd1AN as attorney in
Fact for Ti.mothy J. Petezsen
CJN;lk
cc; Hugh Jaeger ES1Q,
Attorney at Law
R�G�JLAR P4EETING OF "_'HE ORONO COUP7CIL, DFCEPZBF.R 11, 1979 Page 7
t4r. Jaeger: Sor1e of our corununication is COTIDITIONAL USE PERP�IT &
dependent on land site. [ae do not feel ��ou have VARIAPdCE
to know what ec�uipr►ent Mr. Peterson uses. 280 Orono Orchard Road
(Continued)
P4r. Peterson: T feel you have invaded mv private
uses. I am a contest operator. I corimunicate
with other areas which is necessary at certain
times. The need for something hi_qher than 65 '
is required for line of sight operators.
Mayor Van Nest: Aqain, I repeat, you are in
a residential area. Our concerns are: nropert_y
values, heiqht, safetv, confornlation to land use
plan, and children would climb the to��aer, f_encinc� has
not been adequately addressed. Your existing antenna .
height of 91. 3' is beyond customary hohby uses.
These are our lec�islative findings. You have not
submitted to us engineering data as rec�uested.
P1r. Peterson: [ae will submit engineering data as
soon as possihle.
Councilmember Massengale req_uested Mr. Olson to
comment on original application.
P4r. Olson: Orginally, application was sought for
two variances and two antennas - one 120' , and
one 85' in height. Later that application was
ar.iended to existinc� antenna that is 91. 3 ' in
height.
Psr. Peterson and rsr. Jaeger left the room to
discuss the r.►atter. Upon their return, *Zr. Peterson
commented that he was a busy man and did not have
tirle to pursue this further.
Psr. Jaeger: Mr. Peterson will reduce the existing
structure height to 65' .
P'Ir. Olson: The City will require a building permit
and a conditional use permit.
P4r. Peterson: I will make these changes, sup�lv
survey and whatever City desires. I do want an
agreement tonight.
Bruce Psalkerson: I would recomr.iend the drafting
of a resolution including all stipulations.
Psayor Van Nest moved, Butler seconded, to direct
staff to draft a resolution including all conditions
to be submitted at the January 15 , 1980 Council
r.leeting. P4otion, Ayes (4) - Nays (0) .
RF,GULAR MEETIPJG OF THE OROriO COUPICIL, nECEP1BER 11, 1979 Page 8
Alan Olson, City Planner, entered into the record CONDITIONAL USE PERA'IIT &
the request of Robert Van Tassel for a conditional VARIANCE
use perr.iit for 1170 Loma Linda Avenue, dated 1170 Loma Linda Avenue
Decer,tber 4, 1979 , which states: #504 & #531
Robert Van Tassel
I. Chronology of applications and permits for 1170
Loma Linda Avenue:
l. Variance application #387 - April 20, 1978 -
Convert patios to screened porch - required
variance because new structure would encroach
the lakeshore setback and side setback areas.
2. Building permits - June 27, 1979 - Staff
approved two bedroom addition and rer.lodel -
proposed structure did not encroach further
into the setback area - to be built along
same south line.
3. Conditional use permit #504 - August 6 , 1979 -
Convert peaked roof on boat house to a flat
deck area - 12 ' X 24' - The apnlicant also had
a request for a deck 8 ' X 29 ' along the lake f_ront
of the house requiring a variance that he with-
drew - Approved by Planning Comrtission on Sept-
ember 10, 1979 to be acted on and revie�aed by
Council at December 11, 1979 meeting.
4. Variance #531 - November 10, 1979 - rec�uired
16 ' X 10 ' deck that' encroaches the north side
yard setback and require 4. 6 ' variance. Anproved
by Planning Commission on Nover_tber 26 , 1979 to
be acted on b�� Council December 11, 1979.
II. List of Exhibits
lA Application #504
1B Application #531
2A Propertv Owners List #504
2B Property Owners List #531
3 Survey - Site Plan
4 Plat Map
5A P4inutes of 387 Application
5B P�inutes of 387 Application
6 Floor Plan (Main Structure)
7A Boat ��ouse Flevations
7B Boat House Elevations
8 Building Perr,iit Application - Screened porch;
tcvo porch addition
9A House Elevations -
9B House Elevations
l0A Planning Commission PZinutes - August 27, 1979
lOB Planning Commission Psinutes - Se�tember 10, 1979
11A Variance Forms #531
11B Variance Forr_ts #531
11C Variance Forris �531
(Continued)
' R��G'ULAR MEETIPIG OF THE ORONO CnUP1CIL, DECE"'�BF.R 11, 1979 Page 9
III. #504 - Conditional Use Perriit COrdDITTOrIAL USE PERP4IT &
VARIAPdCE
The Van Ta�sels propose redesigninc� the 1170 Loma Linda Avenue
roof of their boat house, from a peak (Continued)
design to a flat roof with a sitting area.
The new roof will afford a better view of
the lake f_or neighbors as well as the
applicant. The building was inspected and
found to be in excellent condition. The
proposed chanc�e will not effect the hard-
cover calculation. The deck will measure
12 ' X 24' .
. The structure is located within the 75 ' lake-
shore setback and is recognized as a legal
non-con�orming use. Ordinance prohibits
the extension or intensification of_ non-
con.f_orr.ling uses.
31. 108 Plorrial riaintenance of a huilding
or other structure containing or related
to a lawful non-conforming use is �erriitted,
including necessary non-structural repairs
and incidental alterations which do not
extend or intensify the non-conforminc� use.
(Ord. 172 , 12/19/74, effective 1/1/75) .
Ordinance states (32. 210) that the Zoning
Adr.iinistrator may review this type of
request by the issuance of a CertificatP
o� Occupanc�� at the time the buildinc� nermit
is issued. � Staff decided the sensitive
nature of this request required Council' s
direction and review. The conditional use
permit �vas deterr..iined to be the riost aPnropriate
type of application.
Please review the Planning Comr.iission r�inutes
of August 27, 1979 (Exhihit l0A) and Sent-
er.iber 10, 1979 (Exhibit lOB) for backc�round
discussion and their recommendation.
IV. #531 - Variance
The Van Tassels now request a variance to
construct a deck 10' X 16 ' on the north side
of the lot. The hardships claims stated by
the az�plicant are the same used in the conditional
use permit application requesting a deck roof
for the boat house. Those hardshins to the
land are the steep slope and no ad�acent land
available. The variance is revie��ed for ��ou in
the enclosed exhibit sheets.
(Continued)
' � RE�JLAR P2EETING OF THE OROrdO COUNCIL, DECEP'[BFR 11, 1979 Page 10
Council Meeting - December 11, 1979 CONDITIOPdAL USE PERMIT &
VARIANCE
Councilr,iember Hurr: I believe we shotild review 1170 Loma Linda Avenue
the entire application to determine all of_ the (Continued)
encroachments.
Councilmember *�Iassengale: Could vou not reduce
propos�� deck to 8 ' ? �
P�r. Van Tassel: �4e did reduce the deck from 12 '
to 8 ' .
Councilmember Hurr: This �roposal is for a 50'
lot and has too many limitations. People to the
south are concerned with the encroachr.tent.
Psa��or Van tlest: I really question the need for
a variance. In our ordinance, this is considered
a non-encroachrient.
Planning Commission P4er.iber Jabbour: mhe Planninq
Cor.u:�ission merlbers ��ere concerned if they acted
hastily without all of the facts. The Planning
Corimission r.tight want to review this matter ac�ain.
Councilmember Hurr: I do not recognize the hardship
allowing these variances.
City Planner Olson: �ae have reviewed the plans
and they do conform.
Councilmer.iber Hurr: This proposal will allow uses
not in the neighbors interest.
P4r. Van Tassel: �9e are willing to reconsider the
request for a conditional use permit.
Massengale moved, I�urr seconded, to approve a 4 ' 6"
variance for deck on the north side to allow for
an open deck only. Motion, Ayes (4) - Nays (0) .
P4assengale moved, Hurr seconded, to deny a conditional
use perr.iit to convert peaked roof to a flat deck
based upon neighbors disapnroval and adding activi_ty
to a non-conforming use. P4otion, Ayes (4) - Nays (0) .
. �
, ' R�C'�ULAR PiEETIrIG OF THE ORONO COTJTdCIL, DEC�'MBFR 11, 1979 Page 11
Alan Olson, City Planner, entered into the record STUBBS BAY STUDY AREA
the following concerning the Stubbs Bay Stuc�y Area
dated December 7, 1979, which states:
The Study Area rZoratorium adopted on �Tanuary 23,
1979 is due to expire on December 31, 1979.
I recomriend the Council adopt the Study Area
fact finding resolution. You have all received
the entire resolution. In addition, I have
attached pages 90-93 for final review. rdote that
there have been minor changes in lanc�uage made
in itera VI on page 92 to reflect the status
changes since last July. Also, I have added item
VII on page 93 wherein the City Staff is authorized
to undertake an area rehabilitation feasibilitv
studl�. This is in keeping with options discussed
�vith PZr, tZcCleary for future use of his property
and will begin the steps necessary to improve the
general housing stock in the area.
Council Pseeting - December 11, 1979
Present: Psr. Lee Frankman, attorney representing
P4r. PicCleary, and PZr. P4cCleary. P4r. Lou Oberhauser
was absent.
Psr. Frankman discussed the meeting he had with
the Orono City Attorney Bruce PZalkerson, Alan
Olson, City Planner, and �4r. Lou Oberhauser,
also representing Mr. P�cCleary, and rsr. McCleary
to allow the Stubbs Bay proposed marina area and to
explore alternatives. If 2ir. P4cCleary is zoned
out, Mr. Frankman continued, he will lose hundreds
of thousands of_ dollars. �ae have discussed
alternatives such as, tax increment �inancing
to improve all of_ the area. �ae need tirme to
consider alternatives which will take us into
next year, 1980, and the next boating season.
P4r. 14cCleary wants to reconstruct docks allowing
use of the Stubbs Bay area until a plan is approved.
�ae would like to have a 1979 license granted, and
a 1980 license granted. We are also rectuesting
you to set aside the Stubbs Bay Area Study that
your attorney and my client discussed last Friday,
which reviews residential uses of the area, and
resolve P4r. PScCleary' s requests and Orono' s objectives.
�ae could adopt the Stubbs Bay Area Study resolution;
we could allow use of existing area if_ the docks
are rebuilt. �Ve could research tax increment financing
while researching other alternatives.
jContinued)
REGULAR P'IEETIN� OF THE OROiJO COUPJCIL, nECEr'IBER 11, 1979 Page 12
PZayor Van P1est: PZr. Frankr�an, this area is S`"iJBBS BAY STUDY AREA
unic�ue, has not been operating under the Orono (Continued)
� code and we need a Plan for review and coriments.
P'Ir. Frankman: T4e have spent a-Yot of mone1� leading
us to tonight' s meeting documenting the uses o.f
marinas in this area. �ae believe that a rezoninq
would take away values from the property.
Mayor Van Nest: I do not believe your statement
is true. Orono has also spent a lot of money
attempting to work with Mr. P�IcCleary. The Stubbs
Bay area is a rural area, its character is residential.
A full .scale comriercial marina has never operated
at Stubbs Bay and would cause dir,tinution in values
of residential hoMes in the area.
Mr. Frankman: �ahat this proves to me, is that the
City Council will not approve of_ any structure on
this property.
Mayor Van Nest: You are wrong, t4r. Frankrlan, and
we will not be taken in by your cute question. This
proPerty has never operated as a full-scale comriercial
marina. It princi�ally has operated as a smal� sanc�-
wich, beer, and dock rental oneration. "'his is an
unusually sensitive area. This is a filled wetlands
Y area. There is no adec�uate transPortation no_r
utilities. The Bay itself will not sustain a full-
scale riarina operation. A rezoning would not take
values away from the property.
Mr. Frankman: The propert_y in question has been
used cor�r►ercially for 50 years and if the pro�erty
is reduced to residential uses, I disagree that the
property would increase in value. ,
Mayor Van P1est: The DrdR and all other ac�encies
have documented that a marina use in the area would
be detrimental to this Lake. ��Te would work with
you if you want to work with us. It is apparent
you have not researched all available data.
Mr. Frankman: Let' s go into a time-table.
Mayor Van Nest: �ive us a plan.
Bruce P4all:erson: I �aould recomrlend usinq our Planner
and On-Site Disposal P4anager to assist r�r. PicCleary
in this planning stage.
� (Continued)
' ' R�CiUL11R P'lEETIPJG OF TH� ORONO COUNC:LL, DF,CE*'�AER 11, 1979 Page 13
PZavor Van Nest: ? feel the consensus of tfie STUBBS BAX STUDY AI2EA
Council is that this property is not pro�erl�� (Continued)
zoned and that residential uses here are desirable
and it is in the public interest to recognize
that this area is sensitive and difficult to serve.
Development of a full-scale cor_u�ercial marina is
not a vested right to this property. t•]e do not
want to encourage sewer to this area, penalizing
property o��ners along the way. ��Te do �aant to
cooperate with you and your client, *'Ir. Frankman,
and staff will certainly assist you, but vou also
have to work with us.
P4ayor Van Nest moved, Butler seconded, to adopt RESOLUTIOPd #1099
Resolution #1099 , A Resoluti�n Re�arding Develop- Stubl�s Bay Marina Area
ment Of The Stubbs Bay Marina Property. r'Iotion,
Ayes (4) - :1ays (0) .
P4ayor Van rdest moved, Hurr seconded, to adont ORDIPIANCE NO. 226
Ordinance No. 226 , An Ordinance Extendinq The Stubbs Bay Moratoriur.t
Duration Of 1� P'toratorium On The �ranting Of
Building Permits , Land Subdivisions, Rezoning
Applications, Conditional Or SPecial Use Permits,
Variances Or Other Authoritv For Additional
Developr.ient In 'T'he Stubbs Bay Area nf 'T'he City
Of Orono. P�iotion, Ayes (4) - Na�rs (0) .
PZayor Van Nest rloved, Hurr seconded, to direct STUBBS BAY P1ARIrdA LICEN�
staff to prepare a resolution to deny the 1q79
license to the Stubbs Bay PZarina to be presented
at the January 15 , 1980 Council rieeting. Motion,
Ayes (4) - Nays (0) .
Alan Olson, City Planner, entered into the record FENCE ORDINANCE
the following regardinc� a �roposed fence qr�iinance,
draft #3, dated Decer.i}�er 11, 1�17� , which states:
I intend to be present at the puhlic hearing to
review the proposal and to answer any c�uestions.
Brief Intent:
The Council' s intent in drafting these armenclments
is as follows:
1. ^'o change cor.u�ercial screeninc� of Parking
areas, storage areas, etc, f_r�m rec�uired
f_ences to rec�uired natural plantings.
2. To prohibit any fencing in lakeshore ��ards
between the house and the shoreline.
(Continued)
� . RE�ULAR P4EETIPIG OF THE OROTdO CnUr1CIL, nFCEMBFR 11, 1979 Page 14
3. To restrict the coru�on, permitted type of FENCE ORDINANCE
fencing to no rtore than 42 inches in heic�ht (Continued)
and no more than ?_Oo opaque in any vard. This
would allow snlit rail fences, certain picket
fences, chain link, etc. while prohihiting
solid vie�a-hlockinq fences.
4. To require security fencing around swimming
pools.
5. `"o allow higher and/or riore onac�ue fencing
in those special circumstances where such
fences are normall1� rec�uired and/or where
they could be erected adversel_y affectinc�
neighborinq properties.
Draft ;�3 attached includes those revisions
discussed at the rlovember 17, 1979 joint Planning
Cor,unission/Council meetinc� and has had the forriat
of the new f_ence and �•�all sections (38. 950 et sec�. )
changed to be more readable.
Council Meetinc� - December 11, 1979
r'ir. Olson also coru�ented on the public hearinc�
held by the Planning Commission.
Councilmer,iber P4assengale: T9e should consider
eliminating walls or fences exce�t in instances
of Planning Cortriission and Council consideration.
Planning Comr�ission P4eriber Jabbour: I, as a
Planning Commission member, voted against the
proposed ordinance because it was contrar�� and
we should go back to our ordinance.
P4assengale moved, Butler seconded, to rec�uest the
Planning Commission to review with staff and
recommend to the Council their recoru�endation on
the proposed fence ordinance kee�ing in mind that
the value of open space is ir.tportant and ?t is
the opinion and findings of the Citv Council that
all open space has to be a priority concern that
should be addressed when considering the proposed
ordinance. l�otion, Ayes (4) - Nays (0) .
Alan Olson, City Planner, entered into the record ACCESSORY BUILDING
the following proposed accessory building amend- AT4ENDr2ENTS
rnents dated Decertber 3, 1979 , which states:
T expect to attend the public hearing to review
this Ordinance draft and to answer any questions.
(Continued)
R�rULAR PIEETING OF mIiE ORONO COUPdCIL, nECFMBER 11, 1979 Page 15
The intent is to relate the number, size and ACCESSORY BUILDING
location of accessory buildings to the actual AD4EPIDMENTS
size o� each lot and the density of_ the neic�hbor- (Continued)
hood and to clear up some vaque sections reqarding
garac�es, docks, and cor.u�ercial accessory buildings.
Planning Commissioners should review this with
the intention _ of r.taking suggestion�, recoru�enda-
tions and/or changes for the Council to consider
on December 11, 1979 .
Council P4eetinc� - December 11, 1979
�4ayor Van Nest moved, Butler seconded, to ax�nrove
the above r.iemo concerning proposed accessor��
building aMendments. 1�Zotion, Ayes (4) - Pdays (0) .
Butler moved, P4assengale secondeci, to a�nrove AGREEr4FNT*
the Agreement concerning Albert L. Derrv, Alhert L. Derry
3559 Lyric Avenue, dated Decer_iber 11, 1979. 3559 Lyric Avenue
P4otion, Ayes (4) - rdavs (0) .
Albert Derry Agreer,tent - Page 16
Butler moved, P4assengale seconded, to a�prove NOR`='H SHORE DRIVE SEWER
a puhlic inforr.iation meetinc� to be held STUDY *'IEETING DATE*
January 8, 1980 at 7 : 30 P.P4. concerninc� the
Pdorth Shore Drive area regarding on-site
sewac�e treatment systems. P'Iotion, A��es (4) -
Nays (0) . �
Alan Olson, Citv Planner, stated that the r�rT�o COUNCIL HOUSING
pronosed housing plan ariendr.ments f_rori P4etro ALLOCATION REPORT*
C�uncil are attachecl for your review and comrient.
Briefly, the emphasis is shifting away f_rorm new
construction toward existing housing, awav fror�
elderly toward fariily housing and away from owner-
units toward rental assistance.
Butler r_toved, Psassengale seconded, to approve
the t7etropolitan Council Housing Allocation
RePort, r4otion, Ayes (4) - Nays (0) .
Glenn Cook, City Enc�ineer, presented the following RIP1� ROUTE STATUS LETTER
letter to the City Council dated December 5, 1979 ,
which states:
(Continued)
� , Telephone 473-7357
� Page 16
;p- .�� '
� �'�t `T~t . � I�- O
���- �1 ��{- CITY of O O
:`,�..::.: - .
�:^.�: .
-`.�;����`A r.'"� Yost UfFice Box 66•Cryslal Bay, Minnesota 55323•Municipal Officea
::-
;�_ ti��..
:� ;�;�;��� • On the North Shore of Lake Minnetonka
,o - � �
«.
- AGREEMENT -
I, Albert L. Derry reside at 3559 Lyric Avenue in the City of Orono which
I own and which I know to be zoned exclusively for single family residen-
tial use.
I, Albert L. Derry have been operating The A. L. Derry Excavating and
Grading business from my property at the above address , including the
keeping of trucks, trailers and excavating equipment on the property and
including the use of my garage for purposes of repair of such equipment,
which uses I know to be in violation of the zoning ordinances of the
City of Orono.
I, Albert L. Derry have received written notices of such violations from
the City in 1973, 1974 , 1975 and again on November 16, 1979 , and i further
admit that I am in violation of some or all of the City ordinances ref-
erenced in said notices .
� I, Albert L. Derry hereby agree to cease all non-residential use of my
property at 3559 Lyric Avenue on or before May 31, 1980 and I will
thereafter not keep or store any construction or excavating equipment
or supplies on the property but will use the property solely as my
residence in conformance with the zoning ordinances of the City.
Inreturn for Mr. Derry making this agreement, the City of Orono in turn
agrees not to prosecute Mr. Derry for violation of the above referenced
zoning ordinances unless and until such violations are not corrected
before June 1, 1980. The City reserves the right to enforce all other
ordinances of the City as they apply to similar property in the City and
does not waive its right to prosecute for these same vioiations between
this date and June l, 1980 if such violations are not corrected by that
date.
The agreement is made and entered into by and between Albert L. Derry and
the City of Orono, a municipal corporation under the laws of the State
of Minnesota, on this llth day of December, 1979.
Witnes : Albert L. Derry
,i�� � �,� �
� i ����
, �
City Clerk City of Orono
Mayor
' REGU'LAR P1E�`T'ITIr OF THE ORnPiO COU"1CTL, DECEr'iAER 11, 197q Page 17
"The Ring Route Road project was o�ened for traffic RIrd� ROUTE STAmUS LETTER
this morning as reviewed on our insnection tour. (Continued)
The intersection geometrics at Countv Road 6 and
the Ring Route are adequate and Provide movement
of traffic similar to that which will exist at the
time the project is completed.
�he change in the intersection configuration from
what existed previously will cause sorie confusion
to drivers for a period of time. i�le would recormmend
that the entire roadway be observed b�� the �atrol
officers on a more frequent ba�is than normal
until everyone becor.ies fariiliar �aith the new
alignr•.Zent.
The signing for the intersection is adeRuate as
Placed by the City and County. Striping will be
completed at the intersection for better lane
definition when the paint arrives. mhe temporary
construction between the Ring Route, �9atertown
Road and Count�� Road 6 is not the best and neriodic
maintenance will be required to repair the section
as discussed.
If you have any c�uestions, please contact this office. "
End of letter
Glenn Cook, Citv Enc�ineer, reviewed with the City BUFFALO BITU*ZIPIOUS LETTER
Council Buffalo Bituminous' request for pa_yrtent November 28, 1979
#5 and also Buf f alo Bituriinous letter of Plover_iber 2 8,
1979 , �ahich states:
"Due to the extrer.te wet weather of the 1979 season
and other problems as discussed below, we �vere
unable to fully cQmplete the Ring Route Road Project.
The balance of the work will be completed in the
spring of 1980.
On July 1, there were difficulties as to the actual
starting date of this project; the owners mav be
able to offer reasons of_ their own. In any event,
the starting date �aas delayed for c�uite some time.
A Project of this type is very tirle consui*►inc� as
it takes the coordination of man�� sub-contractors.
The box culverts were not completed and available
for installation until late Septertber -- causing
further set backs in our construction scheduling.
There were also desiqn chanc�es, such as an extra
retaining wall that was not previouslv counted on
(we were not able to get a sub-contractor in the
1979 season for this work) .
(Continued)
� � RE,�ULAR P4EETING OF THE ORONO COUNCIL, DECEMBFR 11, 1979 Paqe 18
1�k�ove are some of the reasons we feel this project BUFFALO BITUMINOUS LETTER
will have to be completed in the snrinq of 1980. (Continued)
�Ve, therefore, feel that a penalty cannot justifiably
be accessed and look forward to no further difficulties. "
End of letter
P4assengale moved, Butler seconded, to direct City
staff_ to revie�a the rec�uested �ayr►ent determining
that proper retainage is maintained and penalties
are justified. D4otion, Ayes (4) - Tdavs (0) .
Glenn. Cook, City Engineer, informed the City Council ORONO ORCHARD ROAD
that a review of the Orono Orchard Road shows
various work and restoration to be completed by
the contractor. A punch list will he made out and
submitted to the P4etropolitan [aaste Control Com-
mission as soon as possihle.
Bruce P�Zalkerson, City Attorney, informed the City OROTdO-PZEDINA SEVTER
Council that he and PSedina' s attorney are meeting A�REEr�ENT
December 17, 1979 to discuss and finalize their
input to the agreement.
Dick Benson, City Administrator, Presented the TRAFFIC LI�HT
City Council with a r►emo dated December 5, 1979 #12 & Old Crystal Bay Rd.
which states:
Discussed with Psr. �ale Lennon, Su�erintendent of
Orono Shcools, and P4r. Evan Green, PZinnesota DOT,
anticipated pro_qress with the proposed traffic
light at the intersection of Highway #12 and the
Old Crystal Bay Road. The following information
is available:
The word is the Federal people will go along with
our riodified plan, apnroval should be by December 30,
1979.
They will hold a public hearing on Januarv 30, 1980.
Final Federal c�esign approval should happen b_y
February 28, 1980.
Final construction limits approved by r�a_y 30 , 1980.
This means the City of Orono will have the c7o-ahead
to acquire all necessary easements starting
May 30, 1980.
� R��ULAR MEETING OF THE ORONO COUL7CIL, D�CEP4BER 11, 1979 Page 19
Dick Benson, City Administrator, presented the RINC� ROUTE STREET
City Council �vith a memo from John Gerhardson, LIGfiTIN�
Public Works Coordinator, concerning ring route
street lighting, dated DecemY�er 7, 1979 , which
states:
No�v that the ring route road is o�en for traffic,
it has been brought to my attention that the
north and south intersections are in need of
street lighting.
I have discussed the idea with Psr. Larry Nelson
of Northern States Power Company, and have received
the �ollowing cost schedule:
One 175 watt overhead @ $6. 30 per r_lonth.
One 175 watt @ $6. 30 per month X2 = $12. 30 per month
Y 12 = $147. 60 per year
One 250 watt @ $7. 15 per month X2 - $14. 30 per month
X 12 = $171. 60 per year
Mr, idelson stated that the 175 watt is usuallv
sufficient to light an intersection of the size
and type at the north and south end of the ring
route road.
P�2r. Pdelson stated that from the time an order is
placed to installation would be approximately
one month to six weeks.
Council P4eeting - December 11, 1979
P'tassengale moved, Butler seconded, to approve a 175
watt overhead light for the n�rth and south inter-
sections of the ring route road. P4otion, Aves (4) -
Nays (0) .
Dick Benson, City Administrator, presented the 201 SOUTHS�IEST PLANNING
City Council with a memo concerning the 201 South- STUDY
west Planning Study, dated December 7, 1979 , which
states:
In September, we reviewed the 201 Southwest Area
Flow Planning Study and the Engineer drafted a
letter to the PRetropolitan [4aste Control Commission
commenting on Orono' s projected sewage flows and
population growth. ��7e have not had a resnonse to
this letter. ��Te should follow throuqh to deterr�ine
their reaction to our comr,tents.
��e have received another summary re�ort of �re-
liminar1� findings for the 201 Southwest Planning
Study. The significant part of the study is the
phasing out of the rianle Plain treatment �lant
and conveying the rsaple Plain flow to Long Lake. (Continued)
' R�GULAR PZE�TING OF THF ORONO COUNCIL, nECEP2BER 11, 1979 Page 20
Council P4eeting - December 11, 1979 201 SOUTH��TEST PLANNING
STUDY
Psayor Van Nest commented that the Study determin- (Continued)
ing alternatives should be reviewed in r.lore detail.
Orono' s Land Use Plan is not supportive of the
alternative to constructing an interceptor f_rom
P'Ia�le Plain through Orono to Long Lake. The
Council agreed to pursue the study further.
P4a��or Van Pdest directed staff to enter on the RING ROUTE NP,P4E
January 15, 1980 agenda the item concerning a
name for the ring route road.
Dick Benson, City Administrator, �resented the HENr1EPIN COUNTY ROAD #15
City Council a memo concerning Henne�in County Navarre to Mound
#15, Psound to Pdavarre, dated Decer:tber 3, 19 7 9
which states:
On November 14, 1979 , representatives of Orono,
Spring Park, P4ound, Hennepin County, and the
�9est Hennepin Chamber of Cor*u�erce met at the Twin
Birch Health Care Center to discuss by invitation
of the Chamber of Commerce four-laning of Hennepin
County #15 frorl Navarre to Psound. P'[r. Rock Lindlan,
Chairman of the Comraittee to four-lane #15 ,
discussed the need, because of concentrated traffic
on #15, to receive the concensus f_rom the three
cities to adopt a plan to upgrade this particular
hic�hway. It was decided that Orono repr_esentatives
would meet with the Hennepin County Public Works
Department on PTovember 22, 1979 and to meet again
on November 28, 1979 with the cities to discuss
the matter further.
On Nover•.lber 22, 1979 , Diayor Van Nest, Councilmembers
Butler and Hurr, and Adrtinistrator Benson met
with Jim Wold, Herb Klossner, and Dennis Hansen
to review Hennepin County' s plans for Count_y Road
#15. Alternatives caere discussed, which varied
from a four-lane divided four-lane highway from
Psound to Navarre, rebuilding the intersection at
Hennepin County #�15 and #19 to doing nothing. An
alternative in between was to rebuild County Road
#15 from Psound to Spring Park and maintaining
County #�15 as it is today from Snring Park to
P7avarre.
On November 28, 1979 , representatives of Psound,
Orono, P4innetrista, Hennepin County and the [aest
Hennepin Chariber o_f Commerce met with SPring Park
at their Council Chambers to discuss Fiennepin County
#15. Reporters from the Laker and P7innetonka Sun
were also present.
(Continued)
� RF.C'�U�LAR MEETING OF THE ORONO COUNCIL, DECEr4BER 11, 1979 Page 21
The concensus o� this meeting was to a�noint a HENPIEPIPJ COUNTY ROAD #15
rePresentative from each community to draft a Navarre to Mound
resolution to present to their Councils for (Continued)
approval.
I have attached a resolution adopted in 1970 f_or
your thoughts and consideration before we cormmit
ourselves to exPloring a resolution that would
stimulate an agreement to a resolution drafted
by cities that will encourage additional traffic
to Orono, the Heart of Lake PZinnetonka.
PZy recommendation is that we do not participate
in considering alternatives to improving HennePin
County #15 in Orono, other than maintaining
its original design. I would also recommend
Orono resubmit a resolution regarding Henne�in
County �15 and its desires to route traf_fic not
into the Lake area but out of the Lake area to
the north and south and maintain a scenic route
conce�t within the Lake area on streets that
are �resently serving the area.
Council P�eeting - December 11, 1979
PZayor Van Nest rec�uested staff to contact an
independent consultant to review HennePin
County' s traffic analysis.
Dick Benson, City Administrator, presented the COr2rqUNITY ADVISORY
following letter to the City Council, ��.�dressed COMP2ITTFE APPOINTEE
to r4s. Judith 'RcC�urt, �Zetr� Transit Coru�ission,
dated December 4, 1979 , which states:
"'t'hank you for your letter inviting P4r_ . �erhardson
to serve on the Community Advisory Committee for
the Lake Minnetonka area paratransit system.
Councilr►ember Norman Paurus served on the Trans-
portation Committee as a designated appointee for
several years.
Councilmertber JoEllen Hurr, who joined our Council
last _year, has been anpointed to our Transnortation
Committee replacing P4r. Paurus and I am sure she
would be more than enthusiastic to advise ��ou as a
raertber of the Cor,ununity Advisory Committee.
Please f_eel free to advise us if this meets ��our
approval. "
End of letter (Continued)
' �tF.C�ULAR P4EETING OF THE ORONO COUPICIL, DFCEr�BF.R 11, 1979 Page 22
tiassengale rloved, P4ayor Van Nest seconded, to APPOINTP4EN`_i'
a��oint Councilrlerlher �ToEllen Hurr to serve on Comr.iunity Advisory
the Community Advi�ory Comr�ittee for the Lake Comriittee
P�innetonka area paratransit s_ystem. P4otion,
Ales (4) - Nays (0) .
Butler moved, Massengale seconded, to approve SALARY INCREASE*
an increase in salar�� f_or Robert Fischer, Robert Fischer
Police Officer, to $17,172. 96 �er year, effective
January 1, 19$0. Motion, Aves (4) - Na�>> (0) .
Dick Benson, City Administrator, inforried the POT,ICE APPLICANTS*
Citv Council that we have received 28 ap�lications
for the two Positions that are available to
satisfy the City of Long Lake Police Contract.
After initial interviews and screening requirements,
we have notified six applicants for further testing.
[ae will be holdinc� a psychological test batterv
Saturday morning, December 8 , 1979 , at the
Council Chambers. [1e c��ill also be conducting
an oral examination during the afternoon.
��7e will he scheduling a final oral board sometir.le
thereafter after com�letion of �hysical examinations.
Butler moved, P4assenc�ale seconded, to annrove the
above memo concerning police ap�licant� to fill
the two positions for Long Lake. � P4otion, Aves (4) -
Nay�s (0) .
The attached letter from R. P4ichael Robinson, P.E. TRAF'FIC SI�NAL LETTER*
District Traffic Engineer, P4innesota Departrtent #12 & Old Crystal Bay Rd
of Transportation, concerning the traffic lights
at '�12 and Old Cr��stal Bay Road, dated November 30,
1979 , states:
Letter - Pages 23 - 25
Butler moved, Massengale seconded, to apnrove the
above letter from i'tichael Robinson, r4DOT, concern-
ing the traffic li�ht at #12 and Old Cr��stal
Bav Road. PZotion, Ayes (4) - Na�rs (0) .
Attached is the letter to R. P4ichael Robinson,
P.E. , District Traffic Engineer, PZDOT, frorl
Dick Benson, Cit_y Administrator, dated Nover,lber 26,
1979, Pages 26 & 27
Butler moved, Psassengale seconded, to apx�rove the
letter from Dick Benson to P4ichael Robinson, P�ODm,
dated November 26 , 1979 , concerning the traffic
lic�ht at #12 & Old Crystal Bay Road. b4otion,
Ayes (4) - Nays (0) .
' • Page ?3
`��µ�'°� Minnes�ta
n� Q Dc;partmc�nt Of Tf<111S�)OI"1��tion
� District I=ive
� � � 5801 Duluth Street
�TR� Golden V�lley, Minnesota 55422
November 30, 1979 (612) 5453761
Mr. Walter R. Benson
Orono City Administrator
1335 Brown Road South
Orono, Minnesota 55323
Re : C . S. 2713 (T.H. 12)
At Old Crystal Bay Road
Stop Signs
Dear Mr. Benson:
This letter is in response to your letter dated November 26, 1979
wYZich expresses the City of Orono ' s dismay concerning the installa-
tion of four-way stop signs at the subject intersection.
Perhaps you misunderstood the comment in my letter dated November 5,
1979 concerning the lack of fatal accidents at the intersection in the
past five years. I did not mean that had there been a fatal accident
in the past five years we would consider the intersection "dangerous"
or install a four-way stop .
Resolution #1084 states: "There have been two fatal accidents - - -
at this location from 1974 to 1977" . That is not correct. According
to the .accident reports the fatal accident on May 31, 1973. occurred
500 ' east of Old Crystal Bay Road and involved a westbound rear-end
in which a driver fell asleep. .The accident on .October 22, 1973
occurred at Willow Drive and involved a westbound left turn/rear-end.
A traffic signal or four-way stop at Old Crystal Bay Road would not
have prevented either .accident.
Regardless, fatal .accidents are generally a random event and should
not be the basis of installing traffic control devices. However, the
total number of accidents, especially those that can be considered
correctable at an intersection are used to determine proper traffic
control .
The attached collision diagram represents the reported accident history.
A four-way stog can be expected to reduce the number of right angle type
accidents while increasing the number of rear-end type . You can note
that our recQrds indicate there were a total of 26 reported .accidents
during the p ast five and one-half years. �Of these, 15 were of the
correctable type for an average of two and three-fourths correctable
accidents per year. The "accident warrant" for four-way stops in
the Manual on Uniform Traffic Control Devices, which has the effect
of law, is five or more reported "correctable" accidents in a year.
An Equnl Opportunity L•mployer
�--�Qs
� Nr. Walter R. Benson Page 24
November 30, 1979
Page 2
A four-way stop at the subject location may or may not prevent an
accident involving a .school bus. However, it would force over
11, 000 vehicles per day on T.H. 12 to stop, 24 hours
probably not reduce the total number of .accidents. Weecaanot in�
stall stop signs on high speed, high volume roads just because they
"might" prevent an accident.
We will continue to monitor the accident history at the subject
intersection, and if justified we will install a four-way stop.
However, in the meantime there are both advance warning and
overhead flashers at the intersection.
I hope you can understand my position even though you do not agree
with it.
Sincerely,
-��������.�-Y,
R, iichael Robinson, P. E.
District Traffic Engineer
Attachments
cc: Representative Robert L. Searles
Mayor W. B. VanNest
Orono School Board
I
i�
/-l -�7
' Mn/DOT 2902IB-78) Page 25
Collision Diagram
Minnesota Department of Transportation
�ocation: . � R A R I`� i�� P �v 'Y �
Time Period: /'/-'7h� tS�v 8 -/- '79
Prepared by: R. D i oiv Date: ��'z9-'7 No. of Accidents
Fatal =
A Injury =
B Injury=
C Injury=
Indicate North Injury Total =
Property Damage=
Total Acc._
�
�-4�—
-�6- �
�
1 �
-=�b-►�
�
e � Paov�,ery DwnaG�
e s P.cRSoNAL jNJURy
O1�1+t r
e� FATAI. � " -
/9�9-
�i 7r_
/y�)� -
/9�5-
l 7h�" OTh�r =
—� Motor Vehicle Moving Ahead Light: Weather: Surface:
�{E--� Motor Vehicle Backing Up L= Daylight (1) C= Clear or Cloudy (1 or 2) D= Dry (1)
ao� Motor Vehicle Out of Control DN= Dawn (2) R= Rain (3) W=Wet (2)
q Du= Dusk (3) S= Snow or Sleet (4 or 5) S= Snow or tce (3 or 4)
x Pedestrian D= Dark (4, 5 or 6) X= Other or Unknown X= Other or Unknown
� Bicycle/Moped X= Unknown
� Motorcycle Example of Bicycle/Motor Vehicle Accident:
�] Fixed Object O Injury
Property Damage Acc. TY� � 64-78 Du-C-D
Fatal Acc.
�\ Rear End �
� A Injury Acc. �J7 property Damage
O B Injury Acc. ' Right Angle Date = Time Light —Weather — Surface
O C Injury Acc. � B Injury
• , � Telephone 473-7357
� Page 26
� '..�;
;f� . ,
�`. . . : � CITY of ORONO
_ �-.� .
� Yost Uffice Box 66•Crystal Bay, Minnesota 55323•Municipal Offices
Y��' ,
�-�. �� � On the North Shore of Lake Minnetonka
�� e ��
Y
.•,*r'
� ,t
Plovember 26 , 1979
24r. R. P4ichael Robinson, P.E.
District Traffic Engineer
Minnesota Department of Transportation
District Five
5801 Duluth Street
Golden Valley, l�iinnesota 55422
Re: 315 C.S. 2713 (T.H. 12)
Old Crystal Bay Road Stop Signs
Resolution �1084
Dear Mr. Robinson:
The City Council of the City of Orono reviewed your letter of
Idovember 5, ].979 at the Council meeting of Nover,iber 13, 1979.
The City Council was extremell disma_yed �aith the attitude taken
by your departrient, which is certainly obvious in your recent
letter in response to the City' s legislative finding of fact
that there presently exists a dangerous traffic condition at
the intersection of Highway #12 and the Old Crystal Bay Road
and that there is an urgent need to install safety devices at
that intersection.
Your letter states that since no one has been-..killed in one of
the nany prior accidents at that intersection, there is no need
for alarm since you classify all intersections dangerous.
Our records indicate that other than your accident history of
reported accidents, there have been two fatalities at that
intersection of Highwav #12 and the Old Cr_ystal Bay Road. One
which occurred in 1973 850 feet east of the Old Crystal Bay Road
on Highway #12 and another in 1973 300 feet east of the Old Crystal
Bay Road on Highwa_y #12. Your records at the tIl�T/DOT also show
a 3,000 daily car increase from 1974 to 1978.
. . .
Page 27
t4r. Michael Robinson, P.E.
November 26, 1979
Page 2
Perhaps, you have forgotten that this intersection is one used
repeatedly every day by the school buses serving the Orono High
School. Piust we wait until a vehicle and bus crowded with school
children collide with each other before your department re-evaluates
an intersection? Of course, the MN/DOT needs to have and apply
policies to its decision-r.making process but those Dolicies must
be flexible enough to allow for special circumstances such as in
this instance.
Ilumerous buses with hundreds of school children each dav must
hazard an entrance onto or exit off Hic�hwav #12 at t�at intersection.
Both, the City Council and the School Board, have recognized this
special circumstance and danger to our children and, therefore,
have requested imr*iediate response to our rec�uested safety devices
at this particular intersection. �
1�iN/DOT has a statutory and moral obligation to regulate traffic
on State trunk highways in each community to insure that its high-
ways are not hazardous to �he Tocal and cor_u*�uting c�rivers, pedestrians
and passengers. *4oreover, P�J/DOT is legally responsible _for any
failure to riaintain safe intersections on Highway #12 , expecially
when both the City of Orono and the School Board have inade findings
of fact that there is a special danger present at this intersection.
?�1/DOT cannot and should not continue to act contrary to the needs
of the citizens and children of this area.
Please review your prior analysis of this situation and in�orm me
of your decision in this matter so we can act accordingly.
Thanking you in advance, I am
Sincerely,
� ,
- Z� ��/�
Walter . �nson�
City Ac�ninistrator
�
cc: Representative Robert L. Searles
2iayor jV. B. Van 21est
Orono School Board
Chief of Police Kilbo
John Gerhardson, Public �aorks Coordinator
,
FtE�ULAR MEETIrI� OF THE ORONO COUPICIL, DFCFMBFR 11, 1979 Page 28
Dick Benson, Citv Administrator, inforrled the EMF.R�FNCY TEMPERATURE
Cit�� Council that the City of Orono is adhering RES':"RICTIOr1S*
to the Department of Emergency regulations
requiring therriostats to he set no higher than
65 degrees Fahrenheit for heating and no hic�her
than 105 degrees Fahrenheit for domestic hot
water. The summer setting for cooling rec�uires
therr.iostats to be set no lower than 78 degrees
Fahrenheit.
Butler move, P�assenc�ale seconded, to approve
the emergency building temperature restrictions
and regulations. Psotion, Ayes (4) - Nays (0) .
Dick Benson, City Aclministrator, informed the D. D. �'RINK PAYrSENT*
City Council that there was confusion as to Ring Route Acquisition
communication with r4r. & r2rs. Frink. The rmatter
has been resolved R•�hich ��ras apProved some time ac�o.
I, again, request ap�roval of the $213. 50 for
ring route acquisition.
Butler r.loved, P4assengale seconded, to approve
the payment of $2:1_3. 50 to D4r. & PZrs. D. D. Frink
for ring route acc�uisition. P4otion, A�les (4) -
Nays (0) .
Dick Benson, City Aciministrator, nresented the COPiPREHFNSIVE S��aER PLAN
City Council �aith his letter to Bernard Harrinc�ton, Letters
Metropolitan Waste Control Comrtission, concerning
Orono' s Comprehensive Sewer Plan, dated rTovemher 27,
1979.
Letter - Page 29
Dick Benson, City Administrator, presented the
City Council with Bernard Harrington' s letter�
in answer to his letter of Pdovember 7.7, 1979,
dated December 4 , 1979 .
Letter - Page 30
Butler rioved, Piassengale seconded, to approve
the two letters concerning Orono' s Corlprehensive
Sewer Plan dated Plovember 27, 1979 and Decer_iber 4 ,
1979. Motion, Aves (4) - Plays (0) .
� ' Telephone 473-7357
Page ?.9
� ;��� �� ,
-;_...�� �:.. i CIT� of ORONO
. �� _ . ,
'���^-��`�='�' Yost Office Box 66•Crystal Bay, Minnesota 55323•Municipal Officea
.��y�• .'� On the North Shore of Lake Minnetonka
�lo - e •�
.��1.�.� .. '
Novertber 27, 1979
Mr. Bernard J. Harrington
Director of Engineering
Metropolitan ��Jaste Control Coir►r.lission
350 Metro Square Building
7th & Robert Streets
St. Paul, P�innesota 55101
Dear Mr. Harrington:
The City Council and I have reviewed your recent letters to us
concerning Orono' s Comprehensive Sewer Plan and other correspondence
dating back to April 17, 1978 when Resolution #901 was adopted,
which referred to Orono' s Comprehensive Sewer Plan and Systems
Statement. Resolution #901 was drafted and adoDted as an under-
standing between Orono, the Metropolitan Council and the Metropolitan
G�aste Control Commission after man�� meetings and much correspondence
during the month of March, 1978.
We would like to have the opportunity to discuss with youu and your
staff our understandings with the interim Comprehensive Sewer Plan
and guidelines to assure its completion �ahich is understood by your
comr,iissioners and the City of Orono.
�•�ith your approval, we would like to r.►eet with you on December 17,
1979, 10: 00 A. P4. at -your office to discuss our concerns with the
finalization of Orono' s Comprehensive Sewer Plan.
Sincerely,
, �
l�/' /i��/.'r-;-.'!�
�9alter . �Bemson
City/ dministrator
cc: Charles [aeaver, Metropolitan Council
Edward Raznsdell, Orono' s Representative to P'�1CC
I �.�..r,� . i-�. �Trl�' .
(� ir� ►. , L., � f
�. ��� � Page 30
.,-
_ ,,_ - _
._�,,i� .. ..
� � p�c ;— _
�� '����, .. , _ -
,
C,C, ; '"". y
L. -:
�t �-��� December 4, 1979 CiiY �. ���m�'�'
ti
Mr. Walter R. Benson
City Administrator
City of Orono
, P. 0. Box 66
Crystal Bay, MN 55323
Dear Mr. Benson:
This letter is in reference to your letter of November 27, 1979
regarding the comprehensive sewer plan for the City of Orono.
As per your telephone conversation with Donald Bluhm of our staff,
it is our understanding that you would like to meet with staff
� members of the Metropolitan Council and Metropolitan Waste Control
! i Commission to discuss the finalization of a Comprehensive Plan/
i � Sewer Plan for the City of Orono.
�
IThe Commission has reserved a room at our offices for 10:00 A.M.
on December 17, 1979, as per your request. If you have any
questions, please call .
Very truly yours,
� U �
Bernard J. arrington
Director o Engineering
BJH:DSB:hw
cc: John Harrington, Metro Council
i50 f11ETR0lOURRE BLDG.
7TH 6 ROBERTJTREET/
/RIf1T PAUL fT1f155101
612 222•8423
�� RE'�L�LAR PIEETING OF THF OROPIO COUNCIL, DECEr'IFiER 11, 1979 Page 31
Dick Benson, City Adrlinistrator, presented the CRXSTAL BAY POST OFFICE
City Council with the following letter to Psr. ��an
Sickle concerning the Crystal Bay Post Office
dated November 28 , 1979 , which states:
"I have discussed with the Orono Cit�� Council your
request to renew the present lease at the Crystal
Bay Post Office, which expires December l, 198f1 ,
for five more years to December l, 1985. "'he
City Council action was not to extend the present
lease beyond the termination date which is
December l, 1980.
The City Council' s action was based uoon housing
requirernents that are presently prevalent and
the need to expand our present facilities into
that building.
As I discussed with you, we would be receptive t�
discussing with vou other arrangements that riight
be available to accommodate the present post office
operation, if you are seeking alternatives.
I was surprised to hear that the postal de�artment
does not involve itself in purchasing leased
property, as the Crystal Bay Post Off_ice, when
that property is entered on the rlarket. It would
apPear to me that if an operation is solvent, it
would be wise to purchase that �roperty if other
propertU is not available in the area.
I , and P�ayor Van Pdest, would be available at your
convenience to discuss this matter further. "
End of letter
Council PZeeting - December 11, 1979
P2ayor Van Nest corunented that he and Dick Aenson
r.�et with PZr. Van Sickle and P�r. Peterson to discuss
the Present post office oPeration. �ae, again, informed
the Postal representatives that we would not extend
the present lease but we ���ould work with them if
they chose to retain their operation in Crystal Ba_y.
?iassenqale m�veci, But1Pr seconded, to adopt RESOLUTION #1100
Resolution �1100 , A Resolution Fstablishing 1980 Salaries
Salaries For City Er:�nloyees For 1980. Psotion,
Ayes (4) - Nays (0) .
' � RErEJLAR f'IEETIrdG OF THE OROPIO COUNCIL, nFCEP�BER 11, 1979 Page 32
The resolution for the 1930 Council appointments COUNCIL 1980 APPOINTP4ENT:
was �ostponed until the meeting of Januar_y 15 ,
1980.
Dick Benson, Cit�� Administrator, presented the CLEAR [�]ATER RESEARCH
City Council with the .follo�.aing letter to the A[aARn*
City of P�sedina concerning televisinc� the sewer Letter to Medina
line dated November 28, 1979 , which states:
"�ae have received the enclosed c�uotes for the
cleaning and televisin_q of the Long Lake-Orono
area sewer lines as discussed at our Noveriber 8,
1979 .joint Council meetinc�. The lowest Ruote
totaling $3,900 , subrlitted by Clear [9ater Research
was approved by the Orono City Council at their
Pdovember 27 , 1979 Council meeting, subject to
P�iedina' s approval.
If this r,leets your approval, we will proceed with
the cleaning and televising as soon as possib]_e.
Thank you for vour cooperation on this matter. "
End of letter
Butler moved, r'iassengale seconded, to aP�rove the
above letter to the City of P4edina concerning
the low bid of Clear ti•7ater Research for cleaning
and televising sewer lines. Psotion, A��es (4) -
IQays (0) .
The following letter was received from the City
of PZedina concerning the televisinc� o.f sewer lines
dated December 6 , 1979, which states:
"P4edina City Council approves the quote .for televising
sewer lines by Clear r��ater Research for $3 ,900. 00.
P4edina to pay proportionate share previously agreed
upon. "
End of letter
Dick Benson, Cit�� Administrator, presented the ARCOLA BRIDGE
City Council the following letter to be mailed
Deceriber 12, 1979 , concerning federal funds for
the Arcola Bridge:
"In reviewing Hennepin County' s application for
federal funds, the City of Orono, as an affected
unit of governrlent, has f_ive prirlary concerns that
should serve as a notice of interest in this
particular project. Thev are:
- (Continued)
� ' REGU'�AR PIEETING OF THE ORONO COUrdCIL, DECFtiAER 11, 1979 Page 33
l. One lane of traffic be rlaintained at all ARCOLA BRID�E
tirles during construction (Continued)
2. Construction of the Arcola bridge does not
coincide with construction or closing o� any
other bridges in the Lake PZinnetonka area
3. �4idening of the sidewalks, if rec�uired, shall
be deducted from the existing deck width rather
than adding additional width as noted in the
proposal objectives
4. Plans and specifications approved by the City
Council
5. If the project requires two construction seasons,
two lane traffic will he maintained between
seasons
I am enclosing our letter of August ?_0 , 1979 and
Itesolution #1069 dated August 28 , 1979 , for the
record outlining all of our concerns related to
this project. "
End of letter
P4ayor Van rdest moved, P2assengale seconded, to approve
the above letter concerning the construction of the
Arcola Bridc�e. Motion, Ayes (4) - ilays (0) .
Dick Benson, CitV Administrator, presented the SEGVER & WATER RATES*
following memo concerning sewer and water rates
to the City Council dated November 30, 1979 , which
states:
��e are in the process of initiating a water/sewer
rate study to determine if the existinc� rates
are sufficient to support the anticipated o�erating
budc�et and anticipated capital outlays.
In the process, we will be reviewin_q past procedures
and obtaining inforr.tation pertinent to the total
operating costs, such as:
l. P'ietropolitan �9aste Control Cor_u�ission billing
2. Administration, accounting and billing
3. Operating budgets
4. Snventories
5. Summary of nast improvements
6. Current and projected connections
7. Anticipated capital imProvements
[ae will require the services of our Cit�� Engineer
to assist in this review at a cost not to exceed
$2,500. [ae should have a recor.unendation for City
Council prior to February l, 1980. (Continued)
� � RE�ULAR MF.ETING OF THE ORONO COUNCIL, DECRr�[BER 11, 1979 Page 34
Butler rloved, Piassengale seconded, to apnrove SET^�EP. & [9ATER RATES*
a sewer and ��ater rate study b�� the City Enc�ineer (Continued)
► at a cost not to exceed 52 , 500, rsotion, Ayes (4) -
Pdays (0) .
Dick Benson, City Administrator, inforried the JOINT HOUSING PROJECT
City Council that on November 29, 1979 at 7: 30 P.M. , PiEETIN�
the following cities met to discuss the proposed
assisted housing project: Lonc� Lake, P4innetonka
Beach, Piedina, and Spring Park. Also present
were representatives from Hennepin County and
a private planning consulting firr_i to coordinate
discussions relatinc� to participation in senior
citizen housing, availahility of services, land,
and funds to see this type of project through.
The cities, if agreeable, would pool their future
Corununity Development Block Grant funds (approximately
$140 , 000 per year) to fund the project. This would
rePlace our current housing rehabilitation Program.
`"he concensus of those partici�ating at the rieeting
�vas to rec�uest the respective Councils to a�x�oint
one Council representative frorl each corir.iunitv
to work as a task force to determine the f_easibilitv
of coordinating all of the cities efforts toward f
assisted housing projects.
PZayor Van P1est moved, Butler seconded, to comr►it
Years 6 & 7 of the Community Block Grant Funds to
rehabilitation grants. 1`4otion, A��es (4) - Nays (0) .
Butler moved, Pgassengale seconded, to approve the LInUOR SmORE REPORT*
Liquor Store Operations Second nuarter, 1979, Report.
Piotion, Ayes (4) - Na��s (0) .
Butler moved, Piassengale seconded, to approve the TRAPISFER*
transfer of $26, 990. 45 from the Feder_al Revenue Federal Revenue Sharing
Sharinq Fund to the c�eneral Fund. Motion,
Ayes (4) - Nays (0) .
Butler moved, Psassengale seconded, to approve TRArJSF�R*
the transfer of $5,000 from the Sewer O�erating Sewer to P.I.R.
Fund to the P.I.R. Fund. PZotion, Ayes (4) -
Nays (0) . '
Butler moved, Plassengale seconded, to aPnrove the TP.ANSFER*
artount of $44, 30� be transferred to the Debt Service nebt �ervice Credits
Fund from the Sewer Operating Fund. P4otion, A�res (4) -
Pdays (0) .
• � R�GULAR P4EETING OF THE ORONO COUNCIL, DECEPIBER 11, 1979 Page 35
Butler moved, P4assengale seconded, to approve the TRANSFER*
transfer of $15,000 from the Sewer Operating Fund �eneral Fund to E. C. A.
and 515,000 frori the Lic�uor Onerating Fund to
the General r^und Emergency Contingency Acount.
r2otion, Ayes (4) - Navs (0) .
Butler moved, i�assengale seconded, to approve the TR.Ar7SFER*
transfer of $10,000 from the General Fund to the �eneral to Equipment
Ec�uipment Outlay Fund. P'lotion, Aves (4) - Nays (0) . Outlav
Butler moved, r2assengale seconded, to approve the TRANSFER*
transfer of $5,750 from the General Fund Street Front End Loader
Department to the Equipment Outlay Fund as the
second of five installments to repa_y the cost of
the f ront end loader. P�otion, Ayes (4) - Nays (0) .
Butler moved, P4assengale seconded, to approve the RIrdG ROUTE FINAL PAYMENT'
final Payment in the amount of 544 ,028. 56 to Jose�h Joseph Schmitt
Schmitt for property f_or the rinc� route project.
Motion, Ayes (4) - Nays (0) .
Butler moved, P'iassengale seconded, to approve RFCEIPTS, DISBURSEPZENTS*
the Summary of Receints, Disbursements & Balances etc. - August, 1979
for August, 1979. Motion, Ayes (4) - Nays (0) .
Butler moved, P'iassengale seconded, to approve RECEIPTS, DISBURSEP�iENTS*
the Summary of Receipts; Disbursements, & Balances etc. - Jan. 1-Aug. 1979
for the first eic�ht r.lonths of 1979. P4otion,
Ayes (4) - Nays (0) .
Butler r.loved, P4assengale seconded, to approve COUNCIL r'IEETING DATE*
February 27, 1980 as the second regularly Februar_y 27, 1980
scheduled Council meeting for the r.ionth of
February, 1980. Motion, Ayes (4) - riays (0) .
Butler moved, DZassengale seconded, to approve BUILDIPJ� & ZONING
the delivery of the new Fairmont,Building & VEHICLE & PAYPZENT*
Zoning vehicle,and payment of 55,488. 00 due.
P�otion, Ayes (4) - Nays (0) .
Butler moved, PZassengale seconded, to approve TF*�CpOR1�_rtY Fr.2PL0"pLF^1^_'*
the employment of Floyd Kleve, temporar_y LEO, F�,o;�� Kleve
at a rate of $7. 25 per hour, effective Dec-
ember 6, 1979. P�otion, Ayes (4) - Na1�s (0) .
� it�GULAR PSEETIP7G OF THF ORONO COUrICIL, DECEMBFR 11, 1979 Page 36
Butler moved, PZassengale seconded, that the Al1 BILLS*
Funds Accounts 8287 through 8325, 10783 through
I 10787, 8329 through 8345, 4686 throuc�h 4746 ,
11408 & 11409 and Liquor Store Accounts 11387
through 13403, be paid. Motion, Ayes (4) -
Nays (0) . =
Butler moved, Hurr seconded, that the meeting ADJOURNP'IENT
be adjourned at 12 : 00 mid-night. P�otion,
Ayes (4) - Nays (0) .
�
�/�� ����
G,(/� t� /`�
William B. Van Nest, P4ayor
Tt�alter B. rZassengale, Acting r4ayor
Attest: �'�
�Valter . Benson, City A , inistrator