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HomeMy WebLinkAbout01-15-1980 Council Minutes i , • , � cz�v- oF ��orlo ' R�c�ular ?seetinc� of the Orono Council, 7 : 00 P.�4. January 15, 1980 The Orono Council r�et on the above date with the following mer-lbers present: Actinc� P1a��or P�assengale, Councilr.�er.ibers Butler and Paurus. Councilmember Hurr arrived at 8 : 00 P.t4. Absent: PZayor Van P7est. Also nresent: Cit�� Adr�inistrator Benson, Citv Planner Olson, Cit� Attorney P4alkerson, Citv Engineer C��k, and Planning Commission riember .7a'•�?��ur. Cit1� Adriinistrator Benson administered the OAmH OF OFFTCE Oath of Office to Councilmember Butler who Mary C. Butler was reelected Nover*tber 6 , 1979 . City Administrator Bens�n administerec� the OA"'H OF OFFICE Oatll of Office to Councilmemher ?sassenc�a_le �4alter B. Massengale who was reelected November 6, 1979 . Butler r.moved, Paurus seconded, to apnrove COrISENm A�ENDA* the Consent Acrenda* , subject to removinc� items 5, 6 , and 19 , with all staff data and supportive inforr*mation to be included in the Minutes in the sec�uence they occur. i4otion, Ayes (3) - Nays (0) . Butler moved, Paurus seconded, to a�prove the *4INUTES Minutes of the RequZar rieetinc� of Plovertber 27 , November ?_7 , 1979 1979 , as amended. P4otion, Ayes (3) - rlays (0) . " Butler moved, Paurus seconded, to apnrove the *[IrdUmES Minutes of the Regular Pleeting of December 11, December 11, 1979 1979 , as amended. Motion, Ayes (3) - Navs (0) . Butler moved, Paurus seconded, to approve the MINU"'ES* Minutes of the Special Meeting of Januarv 8, Januarv 8, 1980 1980. tsotion, Ayes (3) - rlays (0) . Diane �otten, Park Cor.unission member, discussed PARIC COPZ*ZISSIOrI COr�SE21T; the proposed 1980 Summer Recreation Proc7ram that is designed to serve six corrmunities, which are-- Medina, Long La]ce, P4aple Plain, Independence, Minnetonka Beach, and Orono. It is hoPeful that this coordination with these cities �aill provide a total recreation for the entire lake area on a cost sharing basis that is accePtable to all of the communities. , • � RE�FT�AR PIEETING OF TI�E ORONO COU?'1CIL� JAIIUARY 15 � 1980 Page 2 • + Councilmember Paurus reported on the Environmental I�MCD REPORT Coru�►ittee meeting held Saturday morning, Januarv 12, 1980. The comriittee reviewed and recorunended approval of the Fox Hills Association and P4innetonka Boat ��orks dock structures. Concern was noted regarding side line setback conformance on the Fox Hill application. Butler moved, Paurus seconded, to reappoint `T_'im REAPPOIT1mP4ENT* Adaris to the Planning Commission f_or another '"im Adar�s three-year terr.l. P'totion, Ayes (3) - Nays (0) . Butler r,loved, Paurus seconded, to reappoint RFAPPOII'ITr'IErdT* John Hammerel to the Planning Cor,imission for John Hamrierel another three-year term. P��otion, Ayes (3) - Nays (0) . Butler moved, Paurus seconded, to rea�noint REAPPOIr1T'"IENT* �ahriel Jabbour to the Planning Cormmission for (�abriel Jabbour another three-year term. PRotion, A_yes (3) - Na��s (0) . Butler moved, Paurus seconded, to reappoint REAPPOINTr�ENT P�ary J. Vogel to the Human Rights Commission P4arv J. ��ogel ,-'for another three-year term. *'Iotion, Ayes (3) - Nays (0) . Alan Olson, City Planner, informed the City COt4PREHENSIVE PLAN* Council that in the last month, the PZavc�r and he had met with Gunnar Isberg three times to review recent plan c�rafts in detail. �Je have a copy which I was hopinc� to send for your review, but as of this morning, we are still wrestling with organizational c�uestions. I feel your time would be better spent reviewing the f_inal version due before the end of Januarv. The plan content is fairly well set with r:lajor work required on editorial decisions to allow � clear understanding. In addition, recent meetinc�s hy the r�avor, Rep- resentative Searles, and P'ir. Benson with Charles �aeaver have conf_irmed that our basic nolicies caill he acceptable to the rletropolitan Council. (Continued) . '_ �;;.GULAR PZEE'"ING OF THE ORONO COUi1CIL, JAPdiJARY 15 , 19 80 Page 3 The submission deadline is July 1, 1980 . iae COr4PREFiErdSIVE PLAN hope to beat this date with inforr.ial review at (Continued) the first meetin�ts in February and public hearings before P7arch. Review by adjacent cities should be done by P4ay allowing formal suhmittal at that tir.le. End of P�emo Alan Olson, City Planner, entered into the record MINNETONKA BEACH the comprehensive nlan review for the City of PLAP1 REVIEW* P4innetonka Beach, dated December 27, 1979 , which states: PZinnetonka Beach is a village of 313 acres and 600 residents and is the smallest incorporated city in the State. The village is 97-98o developed; almost all of which is devoted to single family residential use. The Village has no commercial or industrial facilities. The only non-residential properties are the Laf ayette Club (15 0 of the Cit��' s lanci area) , the Village facilities, the post office and St. PSartin' s Church. The Village has no metropolitan park but does have five neighborhood parks comprising 50 of the land area. The Village for_esees new residential development filling the rer_maining vacant land within the next ten years , amounting to some 25 units maximum. As soon as the Orono-Long Lake Interceptor is completed, all properties will be connected to the municipal sewer. All properties have municipal water available. P�4innetonka Beach has the same philosophy and goals regarding transportation and Count_y Road 15 as does Orono. D4innetonka Beach expects to continue to relv on neighboring cities for police and fire protection and for all commercial services. Attached is their land use map, exerpts from the plan and a suggested draf_t letter of review. If approved by Council action, the letter will be sent as Orono' s official response to P4innetonka Beach. (Continued) "� RL•'�ULAR P�2EE^ING OF TFiE ORONO COUNCIL, JATIUARY 15 , 1980 Page 4 Butler moved, Paurus seconded, to aPprove the PZINNFTONKA BEACH PLAN comprehensive plan review for the City of the RFVIE�a* Village of P4innetonka Beach. P4otion, A_ves (3) - (Continued) Nays (0) . Alan Olson, City Planner, entered into the record SUBDIVISInN* the final subdivision for Richard Ledstrom, 3405 3405 Sixth Avenue Pdorth Sixth Avenue North, dated January 4 , 1980, which #348 states: Richard Ledstrom The applicant has fulfilled all of the requirements for final approval of the Craddock-Ledstrorl plat. ��e have been informed by P�r. Ledstrom' s attorney that the culvert located under the existinc� causewav has been removed. Council and Planning Corirlission should note this was not a condition of_ final sub- division approval. Staff recommends approval of the plat, Craddock- Ledstrom Estates, subject to the conditions cited in the attached resolution. Council Pseeting - January 15 , 1980 Butler rtoved, Paurus seconded, to adopt Resolution RESOLUTIOPd #1101* #�1101, A Resolution Approving The Plat Of Cr_addock- Craddock-Ledstrom Estates Ledstron Estates. Psotion, A��es (3) - rdays (0) . P4r. Alan Olson, City Planner, entered into the SUBDIV?SION* record the final subdivision for Kenneth Chapr.lan, ?_695 Shadvwood Road 2695 Shadywood Road, dated January 7 , 1980 , which #428 states: Kenneth Chapman P4r. Chapman has complied with all of the rec�uire- ments determined for final plat approval. Staff recommends a�proval of the Chapman Addition plat subject to the attached resolution. Council Meeting - January 15, 1980 Butler moved, Paurus seconded, to adopt rtesolution RESOLi1TIOPI #1102* #1102 , A Resolution Approving The Chapman Addition Chapman Addition Plat Plat. Motion, Aves (3) - Nays (0) . Alan Olson, City Planner, entered into the record CONDITIONAL USE PERMIT the conditional use perr,lit request of Timothy 280 Orono Orchard Road Petersen, 280 Orono Orchard Road, dated January 8, #500 1980 , which states : Timoth_y Petersen On December 12 , 1979 , I wrote the attached letter to P�r. Petersen outlining the Council' s understandinq of the agreement reached on Decer.lher 11, 1979. On Decermber 14 ,1979, the attached draft resolution was sent for his review and signature. (Continued) T�' lt��ULAR PIEETING OF THE ORONO COUrICIL, JAr1UAR� 15 , 1980 Page 5 On Decer.lber 17, 1979 , P�r. .7aeger called with CONDITIONAL USE PERMIT c�uestions about sorme of the resolution clauses, ?_80 Orono Orchard Road suc�gesting that he was going to offer a revised (Continued) version. As of today, I have not received a siqned copy of the resolution/agreeinent fror� Psr. Petersen, noY have I received any alternative version fror.l P4r. Jaeger. ^_'he City has continued to receive corlplaints from PZr. Edstrom as per his attached letter. We have consistently referred all c�uestions of interference to the FCC office and have asked them to investigate under their jurisdiction. If PSr. Petersen siqns a copv of our �ro�osed draft, or signs a reasonably similar agreerment, I recommend adontion at the January 15, 1980 rleeting. If no such signed agreerment is forth-corling, Council has the option of adopting our c�raft with a deadline for signature or reo�ening discussion to include all other options such as complete denial. Alan Olson memo dated Januarv 14 , 1980 states : The City has not received from Mr. Petersen a signed resolution and ac�reement as per the last Council meeting. �'he resolution draft has been copied and amended by Mr. Petersen as shown on the attached copies. Some changes appear to me to be minor, but I would be concerned about two alterations: l. He has omitted all reference to "one" antenna which is critical, especially in condition #1 on Page 3 2. He has omitted com�liance with FCC regulations in condition #10 on Page 4 . 3. He has omitted penalties #9, Page 4 Council r�eeting - January 15, 1980 Bruce r4alkerson, City Attorney, inforrled the City Council that, r7r. Huc�h Jaeger, attorney for PZr. Petersen, was notified by me to appear at toniqht' s rneeting. P�Ir. Jaeger commented that P�r. Petersen would agree to D2r. Olson' s rlemo dated Januar_y 14, 1980. r�r. Jaecrer also commented that he would be out o� town. (Continued) � R��GULAR P4EETING OF THE ORONO CnUNCIL, JAr1UAP.Y 15 , 1980 Page 6 P4r. Bernard F.dstrorm, 190 Orono Orchard Road, CONDITIONAL USE PERMIT comPlained that the antenna heic�ht was not con- 280 nrono Orchard Road forming to a residential area. [4e are experiencinq (Continued) intolerable telephone interference. Councilmember Paurus: The Council' s concern is the interference and the intent of use of the antenna. Mr. Edstrom: I have had interf_erence from *�r. Petersen during mv telephone conversations. Tae contacted the telePhone companV. They installed a .filter but this was not eff_ective. Bruce r4alkerson: The FCC does not allow the Citv to interfere with Mr. Petersen' s FCC license. Federal law dictates regulations, not the City. Acting Mayor Massengale: '?'he Citv cannot denv use of the tower because of interference. Mr. Edstrom: �ahat can the City do for us? Acting P�iayor r4assengale: Safety and to�aer height can be controlled by the Citv. Interference has to be addressed to the FCC. If the FCC finds hirn in compliance, the City has no authorit�� �n these matters. P4r. Edstrorl: We feel our propert�� is exper�encinq a loss in value. Actinq r4ayor P�assengale: We will need documentation from youu determining diminution in values, rlow, we do not have that evidence. P�r. Dave nuay, 125 Smith Avenue: I am experiencing television interf_erence. Bruce Malkerson: The City does need testimon�� and evidence to support denial of the antenna. �7e do not have that. PZrs. Edstrom: [ae need your help now. Acting P�ayor Massengale: Mr. Petersen' s right to operate is controlled by the FCC. '_"he Cit�� neec�s affidavits from you documenting all of the pro�lems: 1. Interference 2. Safety concerns (Continued) '�, R�i��ULAR P7EETING OF THF ORONO COiJNCIL, JAI�dUARY 15, 1980 Page 7 Paurus moved, Butler seconded, to table the request CnNDITIONAL USE PERr4IT for a conditional use permit of Timothy Petersen, 280 Orono Orchard Road 280 Orono Orchard Road, until the Januar_y 30 , 1980 (Continued) Council meeting, and requested City staf_f to arrange a meeting with Pir. Petersen and his neiqhbors in resolving their problems; meanwhile, staff to subr►it letters to Mr. Petersen, FCC, and the te�ephone company reviewing the city' s concerns in this rmatter. r4otion, Ayes (3) - Nays (0) . Alan Olson, Citv Planner, entered into the record SUBDIVISION* the final subdivision f_or Rohert Pdiichel, 3135 James- 3135 Jamestown Road town Road, dated January 7 , 1980, which states: #530 R�bert Tliichel The applicant has proposed a metes and bounds division of his property (Lot 3, Block l, Libertv Acres) into two parcels. Parcel B, nonbuildahle, is �. 32 acre and is to be coribined with Lot 4 , Block l, Libert_y Acres. Lot 4 is a marginal two-acre drv buildable lot with additional limitations such as poor soils, nearness of best building site to wetlands and slope problems. The subc�ivision and proposed combination will give Lot 4 the hest condit?ons for a standard system and the necessary room for a future drainfield site. Parcel A, P4r. Pliichel' s residence lot, will still have a total of five plus acres. Planning Corunission recor,unends approval of P4r. Pdiichel' s subdivision based on staff' s findings. Please review the enclosed memo from the septic inspector. Staff recommends approval subject to the conditions cited in the attached resolution. Council PZeetinc� - January 15 , 1980 Butler moved, Paurus seconded, to adont Resolution RESOLUTION #1103* ;#1103, A Resolution Approving "_'he r�etes And Bounds Robert Niichel Subdivision For Robert Niichel. Motion, Aves (3) - Nays (0) . Alan Olson, City Planner, entered into the record VARIANCE* the variance rec�uest of Freda Keith, 1055 Edc�eF,�ood 1055 Edqewood Iiills Road Hills Road, dated January 7 , 1980, which states: #535 Freda �:eith The week beginning December 16 , 1979 , Council was polled hy the Zoninc� Administrator seekinc� anProval of an area and lot width variance for Tract E of RLS 1098. Staff determined in review of the site plan for the proposed residence that Ordinance No. 31. 203 would rec�uire a forrlal application and review by Council. The f_ollowing points were reviewed with each Council r.ier.tber: (Continued) ''+� '�2EGULAR r1EETIPIG OF `?'HE ORONO COUNCIL, JAPIUARY 15, 19$� Page 8 1. "'he applicant' s site plan rec�uired no other �7ARIAPICE* variances 1055 Edgewood Hills Roa 2. The septic ins�ector approved the septic (Continued) design and c�rainfield area 3. The contractor, not realizing any problems, was scheduled to build 4. The owner, a long time resident of_ Orono, lives on Tract D and had purchased subject lot separately. P'Irs. Keith was in a state of shock when notified of possible delay. 5. Fioliday schedule would delay Council' s review until January 29 , 1980 6. Staff recommends approval o_f the application The poll of the Council was unanir,ious for a�proval. A Council member did raise the issue of precedent setting in approving this lot area variance. CouJ_d it have the same repercussions as seen in the Robert ���atson application? At the joint meetinc� in December, the P7ayor responded to this ver�� same point. He stated that there will be tirles when Council are obligated to make political decisions but that need not limit a Council' s decision making authority with future applications. Each application has its own unic�ue set of circumstances. The role of the Council is to respond to each indivic�uallv. Council P4eeting - January 15, 1980 Butler moved, Paurus seconded, to approve the lot width and area variance request of Freda Keith, 1055 Edgewood Hills Road. P4otion, Ayes (3) - P1ays (0) . Bruce Malkerson, City Attorney, reviewed the Stubbs STUBBS BAY MARINA Bay P4arina license status corunentinc� that P4r. P�cCleary, his attorney, Mr. Lou Oberhauser, and staff have met to review and prepare an agreement concerning elimination of corunercial uses of this area. Psr. PZalkerson recommended a public hearing be held on the first official Council meeting in Fehruary to consider a rezoning of the Stubbs Bay rsarina area. Paurus moved, Butler seconded, to approve a public hearing to consider rezoning of the Stubbs Bay PZarina area to be held February 11, 1980 at 7: 00 P.M. P4otion, Ayes (4) - Nays (0) . Paurus moved, Butler seconded, to adopt Resolution RESOLU^'ION #1104 #1104 , A Resolution Denying An Application For A Stubbs Bay Marina 1979 Commercial Dock License For Stubbs Bay r4arina. P4otion, Ayes (4) - Nays (0) . `� RL��,ULAR P4EFTIN� OF TIiF OROP10 COUr1CIL, JAIIUARY 15 , 1980 Page 9 , l Alan Olson, City Planner, entered into the record STUBBS BAY STUDY ARFA the Stuhbs Bay Study Area Status Report dated January 8, 1980 , which states: After the last Council meeting, staff has done some detailed research on P4r. P4cClearv' s property and on several different sewac�e handling options for the Studv Area. �9e have had several meetings with r'ir. P7cCleary to discuss housinc� options on his property including one rleetinc� held January 2 , 1980 with P4r. P4cCleary, P'Iayor Van Nest and m��self. The substance of that last meeting was as follows : A) The nine East Lake Street properties have a riarket value of about $225 ,000 which makes purchase and/or condemnation c�uite exPensive and less viable. Three units have no sanitarv f_acilities and should be declared hazardous thereby requiring either condemnation or rehabilitation at a cost of about $6 , 00� per unit, equal to the market land value. Proper sewage disposal on any of these proPerties should be by holding tank costing about �1, 000 per unit for installation and between �1,000 and $5,000 per year purip cost. B) Installation of a collector system to serve only the East Lake lots and P4r, r4cClear��' s property would cost about $150 , 000 and result in an assessment of about 513,000 per unit. The initial costs of intercePtor connection and on-site disPosal are cori�arablP. C) Expansion of the collector systerl to serve the enti�� East Lake-Tonka-Crestview Area of about 50 units ��aould cost about $300 ,000 and result in a per unit assessment of about �6 , 000. (All of these dollar estimates are ball park figures and are not hard by any means. ) D) Even if tax increment financinc� could be used to finance such a sewage system, it would take about 1J-15 units on Mr. PScClear��' s property to �ortize the bonds. Thisjis a density equivalent to four units Per acre. E) PZike Gaffron' s report indicates that it is marginally feasible to construct a mound-type on-site system on Mr. McCleary' s property for use by one or two units. Separation of toilet wastes (into a holding tank) and grey water (into the mound) has less environmental risk and would allow three units on site. Four or riore units would probably rectuire holding tanks or off_-site disposal. (Continued) `. I;',i.�',ULAR PIEETIP7G OF TI3E ORONO COUNCIL, ,7APJUARY 15, 1980 Page 10 , F) P4r. P4cCleary now says that he would oppose STUBBS BAY STUDY AREA limiting the nroPerty to two units. He (Continued) would rnake no profit and may not cover his costs (?) . He sa��s he is. "tired of fighting" and would like tofreach a compromise with the City to allow quick sale and exit frorl . the property. He was pushing for no less than four units. G) Given the above, on January 2 , 1980 , P4a��or Van Nest r►ade the f_ollowing offer to P4r. McCleary: l. He could not guarantee Council agreement, but he individually would approve two units on site using the combined mound- holdinc� tank septic s��ster►. '^his is a density of one unit/acre. mhe P7a��or . notes that P4r. McCleary' s site now consists of two separate tax parcels. 2. In addition, he would support three units on site provided Mr. McCleary could prove some tvpe of acceptable sewac�e treatrlent (holding tanks or detailed engineerinc� analysis of some other system or cort- bination of systems) , and provided that Mr. McCleary would agree in writing to this proposal so that the rezoning and subdivision could proceed. "'hese would probably be three single farmily dwellings in a PRD type of develo�ment - density a- bout 0. 75 unit/acre. 3. The P'ta��or would oppose an_y more dense development except that four units might be possible in total if all of_ the East Lake properties were acc�uired and included in a combined project. But it apnears douhtful that the City could partici�ate in this, at least in the foreseeable future. P4r. P7cCleary was advised of the above on January 2 , 1980. He was asked to make a decision so that the City Attorney could draft an agreement for Council review and approval on January 15, 1980. To date, we have not received any response. . �' RE'C',ULAR PIEETING OF THE ORONO COUPdCIL, JA2IUARY 15, 1980 Page 11 Jeanne Psabusth, Building & Zoning Adrlinistrator, ZOI�TIN� AMFNDMEPITS noted that the Planning Commission is meetinc� on Fences & Accessory January 24 , 1980 to review the proposed zoning Structures amendments concerning fences and accessory structures. Alan Olson, City Planner, presented the City RICHARD DOU�HERTY LETTER* Council with the following letter fror.l Richard P��unicipal Needs List J. Dougherty, Chief_ Administrator of the r4etro- p�litan i�Taste Control Commission, dated Dec- ember 4 , 1979 , which states : "This letter is in reply to your request to the P�innesota Pollution Control Agency f_or including six existing sanitary sewage problem areas in the "Needs Surveys for Unsewered Areas" . The Commission has no objection to this request for inclusion in the needs lists. However, since these areas are contiguous to existing sewered areas with the r�ossible exception of Stubbs Bay N.E. , the Comr,iission would object to considering anv alternatives to resolve the Prohlem other than connecting to the available sewer systert. " End of letter Council Meeting - January 15 , 1980 Butler moved, Paurus seconded, to a�prove the above letter from Richard Dougherty, Chief_ � Adriinistrator of the Psetropolitan �aaste Control Conmission,dated December 4, 1979. 2�iotion, Ayes (3) - Nays (0) . Alan Olson, City Planner, entered into the record PURCHASE TAX FORFEIT the tax forfeit land purchase and resale for PROPERTIES* Harvey Reder, 3567 Crystal Place, and Donna 3567 Crystal Place Kabanuk, 2140 Kenwood i9ay, dated .7anuary 8, 1980 2140 Kenwood F9ay which states: On P�ay 22 , 1979, the Council authorized staff to research the legality, feasibility and practicalit_y of direct City purchase of_ tax for_feit lands for purposes of resale to interested citizens. In addition to acc�uiring such lands at no cost for limited public purposes, Cities are authorized to purchase them at the appraised price. After purchase, the City can retain or sell them with no State strin_qs attached. Thus such sales are legal and have been used by other cities to assure that such lots are used for acceptable purposes in keePing with the local zoning. (Continued) � RI�,(�ULAR PZEETING OF THE ORONO COUrdCIL, JANUARY 15, 1980 Page 12 The City Attorney and I have developed a procedure TAX FORFEIT PROPERTY* to follow whenever requests for such a transaction (Continued) are received. All City costs would be covered by rec�uiring escrow of the lot cost at the time of the application including a fixed a�iministrative fee of $150 per transaction. In addition, any other affected neighboring lot owners are also notified and c�iven an opportunity to bid on the lot. If two or more persons express an interest, staff would recommend the lot be sold through the normal County auction. If no one else expresses interest, our interest and the applicants would be served by proript completion of the transaction. Staff now rec�uests Council apProval of the attached agreements for actual purchase and resale of_ the following two properties: A. Approve agreement with Harvey Reder for purchase and resale of Lots 8 & 9, Block 3, Plavarre Heights. Two neighbors notified with no response. Lots would be combined �vith his existing Lot 10 into one legal building site. B. Approve agreement with Donna Kabanuk for purchase and resale of Lot l, Block l, Rearrangement of Lots 42, etc, [aallace' s Addition. There is no other adjacent property owner as Ms. Kabanuk owns all abuttinc� property in Orono. Lot would be combined with her existing properties into one legal building site (which may require a slight area variance but is probably close to 800 - verification on a survey is rec�uired - no other additional land is available) . After approval of the agreements, the staff will arrange for purchase of the land from the County and, thereafter, arrange for a quick closing for quit-claim deeding to the applicants. Council Meeting - January 15, 1980 Butler moved, Paurus seconded, to approve the 3567 Crystal Place* agreement for purchase and resale of pro�ertv Harvey Reder located at 3567 Crystal Place to Harvey Reder. P4otion, Ayes (3) - Nays (0) . Butler moved, Paurus seconded, to approve the 2140 Kenwood �aay* agreement f_or purchase and resale of property Donna Kabanuk located at 2140 Kenwood �4ay to Donna Kabanuk. P4otion, Ayes (3) - Nays (0) . Harvey Reder Ac�reement - Pages 12A-1?C Donna Kabanuk Agreement - Pages 1?_-D-12F (Continued) - C�Y � 7�j �ity� of� C1�ono • 1► i;ucument Form Page 12-A ' November 1979 • PURCHASE AGREEMENT FOR TAX FORFEIT PROPERTY This Agreement is made and entered into by and between Harvey Reder 3598 Livinqston Ave , Wavzata (hereinafter "Buyer" ) and the City (Buyer' s name and mailing address) of Orono, a municipal corporation under the laws of the State of Minnesota (hereinafter "City" ) . Whereas, Buyer seeks to purchase property located at 3567 Crvstal Place in the City of Orono, legally described as (Insert street address if applicable) follows : PIN 17-117-23-43-0029 & 0030 Lot 8 and Lot 9 , Block 3 , Navarre Heights. Hennepin County, State of Minnesota (hereinafter "the Property" ) , for the purpose of: Legal combination of Lots 8 , 9 & 10, Block 3, Navarre Heights into a single family residential building site. ; and Whereas, the City wishes to �-�h� Property returned to the tax roles and actively used for a purpose consist-er�.-__�,ith the intent of the Zoning Code; - - Therefore, the Buyer and the City agree as follows: - The Buyer agrees to deposit with the City cash or a certified check in the sum of Four Thousand Two Hundred Seventy Dollars (dollars) ($ 4 , 270. 00 ) at the time this Agreement is signed by Buyer� the receipt of which is hereby acknowledged by the City. The City agrees to sign and proceed with this Agreement, or to return to Buyer without interest the deposit money previously paid by Buyer to the City, no later than sixty (60) days after the date Buyer signs this Agreement. In the event that the City decides to proceed with this Agreement, a signed copy of the Agreement will be sent to Buyer at the address given above, and the City will thereafter seek a deed to the Property from the State of Minnesota. • � . Page 12-B Upon receipt of the deed from the State , the City will notify Buyer and will set a closing date for sale and delivery of possession of the Property to Buyer, which closing date should be within thirty (30) days of the date the City receives the deed. Subject to performance by the Buyer and to the prior stated notice of intent to sell by the City, the City agrees to sell the Property to the Buyer, and the Buyer agrees to purchase the Property from the City for a sum equal to the amount deposited with the City as noted above or equal to One Hundred Fifty Dollars ($150. 00) greater than the actual cost of the Property to the City, whichever is greater, and the City agrees to execute and deliver to Buyer on or before the closing date, a Quit Claim Deed to the Property pursuant to the terms and conditions and in a form attached hereto as Exhibit A. It is understood and agreed that the City by this Agreement, the Quit Claim Deed, or otherwise, makes no express or implied warranties to the Buyer as to, among other things : The title of the property; fitness, safety or merchantability of the property or structures thereon or thereunder; compliance of the Property or structures thereon or there- under with any ordinances , regulations , codes or other restrictions of the City, State of Minnesota, or any governmental entity having jurisdiction over the Property; or as to any other matter affecting the past, present and future use, ownership or sale of the Property. This written Agreement comprises the entire agreement affecting this purchase between the City of Orono and the Buyer and no other agreement, oral or otherwise, has been entered into, or will be recognized. This Agreement will become effective and binding upon Buyer after Buyer has signed this Agreement, and this Agreement will become effective and binding upon the City of Orono after the Mayor and Clerk of the City have signed this Agreement. The Buyer agrees to comply with the following special conditions as of the date of closing subject to the approval of the City Attorney: Buyer agrees that the City may unilaterally at any time decide not to proceed with the sale of the property to Buyer and Buyer agrees that the City will not be liable to the Buyer in any manner because of the City' s refusal to sell the Property to Buyer, except for the repayment of the money to Buyer by the City, minus the City ' s expenses incurred to that date. The Buyer agrees that this Agreement may not be assigned, transferred or sold by Buyer to another without the prior written consent of the City. , � Page 12-C . The releases and promises made by the Buyer in this Agreement shall survive this Purchase Agreement and shall remain part of the Quit Claim between the City of Orono and the Buyer. DATE: �.�-� �,� ~�/�� � Buyer DATE: CITY OF RONO By �� � �� zts And L� Its J . �� ��,� Cit of ono �C n (� (� �� 2-D � � I�ocument Form L� � L �'�-' �_ U U l'— � November 1979 • �riN s ��o " PURCHASE AGREEMENT FOR TAX FORFEIT PROPERTY CITY OF ORONO This Agreement is made and entered into by and between Donna Kabanuk 6931 Dallas Rd. , Brooklyn Center (hereinafter "Buyer") and the City (Buyer ' s name and mailing address) of Orono, a municipal corporation under the laws of the State of Minnesota (hereinafter "City" ) . Whereas , Buyer seeks to purchase property located at 2140 Kenwood Way in the City of Orono, legally described as (Insert street address if applicable) follows : PIrd 17-117-23-41-0001 Lot l , Block l, Rearrangement of Lots 42 , 43, 57 , 58 , 59 , 69, 70 & 71, Wallace ' s Addition to the Village of Minnetonka Beach. Hennepin County, State of Minnesota (hereinafter "the Property" ) , for the purpose of: Legal Combination of this Property and lot 2 into one single family residential building site. ; and Whereas, the City wishes to see the Property returned to the tax roles and actively used for a purpose consistent with the intent of the Zoning Code; Therefore, the Buyer and the City agree as follows: The Buyer agrees to deposit with the City cash or a certified check in the Sum of Tt�rQ Thc�i�San�3 SPVPn Hi�n�rPr� TwPnt�-f i vP T�nl 1 arG {dollars) ($2 , 725. 00 ) at the time this Agreement is signed by Buyer� the receipt of which is hereby acknowledged by the City. The City agrees to sign and proceed with this Agreement, or to return to Buyer iaithout interest the deposit money previously paid by Buyer to the City, no later than sixty (60) days after the date Buyer signs this Agreement. In the event that the City decides to proceed with this Agreement, a signed copy of the Agreement will be sent to Buyer at the address given above, and the City will thereafter seek a deed to the Property from the State of Minnesota. .� � Page 12-E ,. Upon receipt of the deed from the State , the City will notify Buyer and will set a closing date for sale and delivery of possession of the Property to Buyer, which closing date should be within thirty (30) days of the date the City receives the deed. Subject to performance by the Buyer and to the prior stated notice of intent to sell by the City, the City agrees to sell the Property to the Buyer, and the Buyer agrees to purchase the Property from the City for a sum equal to the amount deposited with the City as noted above or equal to One Hundred Fifty Dollars ($150 . 00) greater than the actual cost of the Property to the City, whichever is greater, and the City agrees to execute and deliver to Buyer on or before the closing date, a Quit Claim Deed to the Property pursuant to the terms and conditions and in a form attached hereto as Exhibit A. It is understood and agreed that the City by this Agreement, the Quit Claim Deed, or otherwise, makes no express or implied warranties to the Buyer as to, among other things : The title of the property; fitness, safety or merchantability of the property or structures thereon or thereunder; compliance of the Property or structures thereon or there- under with any ordinances, regulations , codes or other restrictions of the City, State of Minnesota, or any governmental entity having jurisdiction over the Property; or as to any other matter affecting the past, present and future use, ownership or sale of the Property. This written Agreement comprises the entire agreement affecting this purchase between the City of Orono and the Buyer and no other agreement, oral or otherwise, has been entered into, or will be recognized. This Agreement will become effective and binding upon Buyer after Buyer has signed this Agreement, and this Agreement will become effective and binding upon the City of Orono after the Mayor and Clerk of the City have signed th�s Agreement. The Buyer agrees to comply with tMe following special conditions as of the date of closing subject to the approval of the City Attorney: Buyer agrees that the City may unilaterally at any time decide not to proceed with the sale of the property to Buyer and Buyer agrees that the City will not be liable to the Buyer in any manner because • of the City' s refusal to sell the Property to Buyer, except for the repayment of the money to Buyer by the C�ty, The Buyer agrees that this Agreement may no,t be assigned, transferred or sold by Buyer to another without the pric�r written consent of the City. , Page 12-F . � The releases and promises made by the Buyer in this Agreement shall survive this Purchase Agreement and shall remain part of the Quit Claim between the City of Orono and the Buyer. ' DATE: � f�o � uyer DATE: CITY OF O ONO / By �� � . Its And Its � RErULAR P9EETING OF THE ORONO COUNCIL, JANiJARY 15 , 1980 Page 13 Butler moved, Paurus seconded, to approve the REFUND* release of the renaining escrow funds in the Crosstown Properties amount of $19�. 00 to Crosstown Properties for the Lafayette Ridge Lafayette Ridge Development. Plotion, Ayes (3) - Nays (0) . Butler moved, Paurus seconded, to apProve the ANNUAL REPORT* Annual Report from the Building & 7oning Building & Zoning Department for the ��ear 1979, r2otion, Ayes (3) - Nays (0) . � The following letter vaas sent to Alan Olson, REDUCF BOND A�"40UNT City Planner, from Glenn Cook, City Enc�ineer, Northgate Addition dated January 9 , 1980 , which states: "�9e would recomriend that the bond amount f_or the Northgate Addition be reduced to �?_0 , 000 in accordance with the Northgate Partnership request. The developer' s engineer should �rovide the City with reproducible record drawings as soon as possible. " Council P4eeting - January 15, 1980 Paurus moved, Butler seconded, to aPprove the reduction in the hond amount from $5� , 00� to $20 , 000 for the Northc�ate Addition ner the ahove letter. r7otion, Ayes (4) - Nal�s (0) . The following letter from the Department of_ LUCE LINE TRAIL Natural Resources concerning right-of-�aay Ric�ht-of-way Easement easement for the Luce Line '?'rail, dated December 18, 1979 , states: "Enclosed find two copies of the completed road right-of-way easement for the above-descrihed road. I suggest that you have this easement recorded in the office of the County Recorder. Payment is now due in the amount of $585. 00 for land. Please have the check made payable to the "State Treasurer" and submit the same to this office. ° Council P4eetinc� - January 15, 1980 Paurus moved, Butler seconded, to approve the payment of $585. 00 to the State Treasurer' s office for right-of-way easements for the Luce Line Trail, subject to confirming the Department of Natural Resources subsidizing 0. 46 acre. Psotion, Ayes (4) - Nays (0) . �� R�F�ULAR MEETING `OT THE ORONO COUNCIL, JArIUAR� 15, 1980 Page 14 The following letter to Donald Caster, Resident r�aCC RESTOR.ATION LETTER Engineer, Metropolitan �aaste Control Commission, Interceptor from John Gerhardson, Public Works Coordinator, dated Decertber 17, 1979 , states: � "On December 11, 1979 , r4etropolitan Waste Control Commission Field Inspector P�r. Gerald Lundstrori accompanied Orono Street Foreman Jack Brinkhaus and myself on . an inspection of the construction areas in Orono where restoration of the nrono- Long Lake interce�tor had not been corlpleted. The following is a punch list of the items that must be corrected as soon as possible in the spring of 1980: l. Complete shoulder and slope res�oration on Orono Orchard Road from County Road 15 north to the Long Lake sewer plant road. 2. Railroad tie retraining wall in front of 540 Orono Orchard Road. The entire retaining wall has been disturbed and must be restored to the property owner' s and the City of Orono' s satisfaction. 3. Culvert cleaninc� in front of 550 Orono Orchard Road. 4. Disturbed soil stabilization of shoulder from Dickenson Street south to 550 Orono Orchard Road. 5. Repair restored blacktop areas along all of Orono Orchard Road before the final overlav in the spring of 1980. � 6. Repair gate at Orono Sewer Plant. 7. Restore drainage at Orono Sewer Plant. Two culverts must be cleaned to allow for proper drainage. 8. Clean up shoulders and ditches and proper alignment of Orono sewer plant road. 9. Seed areas at Orono sewer plant that were disturbed. It is my understanding that PZr. Don Larson of Johnson Brothers Construction Compan�� has discussed items #�3 and #4 with the property owner. It is also m�� understanding that iteris �k6 and #7 will be corrected before January l, 1980. (Continued) FRF�ULAR P�EE'?'ING OF THE ORONO CnUNCTL, ,TANUARY 15 , 198� Page 15 I would appreciate acknowledc�ement f_rom vou on MWCC RESTnRATION LETTER all of the above items . " (Continued) End of letter ' Council r4eeting - January 15, 1980 Glenn Cook, Cit�� Enc�ineer, also stated that P�r. Caster approved the letter as a Punch list of items to be cor►pleted by the Metropolitan �9aste Control Commission. Glenn Cook, City Enc�ineer, informed the City UTILImY RATE STUDY Council that he and staff are proceeding with utility rate stuc�ies and will be submitted to the City Council at the last meetinq in Fehruarv. Glenn Cook, Citv Enc�ineer, reviewed his letter BUFFALO BITUP4IZdOUS to Buf_falo Bituminous, dated .Tanuary 9 , 198�, Pavment #5 with the Cit�� Council. Ring Route Letter - Buffalo Bituminous - January 9, 1980 Pages 16 & 17 Letter from Buff_alo Bituminous - �7anuary 11, 1980 - page 18 Council P�eeting - January 15, 1980 Paurus moved, Butler seconded, to approve Pa��ment #5 to Buffalo Bituminous, subject to notifying the Bonding Compan�� and Buffalo Bituminous that the City of Orono requires assurance that the street will be maintained properly until the project is completed, that the f_inal nroject cost� can be satisf_ied by available funds or h� the Bonding Cor,lpanv, completion schedule of nroject to be submitted, change orders to be z�rocessed. Motion, Ayes (4) - Nays (0) . Glenn Cook, City '.Engineer, Presented the Citv RIrdr ROUTE PZAINTENANCE Council with a letter to Buffalo Bituminous dated December 26 , 1979, which states: "�9e have not received a response to your desires on the manner in which you wish maintenance of the Ring Route Road to be handled. The City of Orono has cold mix available anci would be able to complete patchinc� work on a tir�e and material basis as discussed. If you plan to have ��our crews available to corn�lete any necessary patching work throuc�h winter months, please advise. " End of letter , _ � Page 16 Qa4��vs�d, RO�II'�� T`I I�N��t�f�i�R � Ti d�fJ�Csaf�,, J KG. c�„� c..+t ri. LrlA I.C�►i,a tl. Orro G. Oo�trnr�,l.r. 7'i���r t.Ni�es.ll. e � O Robrr� W.Jtouar.'l.[. Rk�►l R'.7wer.ll. JaupM C.A�drrflk,l�. ltsbnf C.Sc�alcjf.ll. .2.�l6 9(/. 9•..�[.�K S6 e,�a�o.,a A.t�,.a�.�, r.s. x�,r�i..so.,�.��rr. "r'�"'� xoe..r n.r.�r..�r,r.a. n.,.0 c. s..r..�r,r.a. �l. P.../ .N+�:s S�S1/.� RkAa,d E. Tr.cr,l.[. 1�A. to.v+�ow lniw`r C.OI.o4.l.[. A/�.ic L.Hwew p�...•6>Z-6.l6-k600 s�,�.�t. o.i•�� r�.� r. w.a�..ri. Glsirt A.Lrkksew Les Y. Trwetdq January 9, 1980 �r a� Buffalo Bituminous Box 126 VIA CERTIFIED MAIL Buffalo, Mn. 55313 . Attn: Mr. Darrell Hicks Re: File No. 13902 Ring Route Road Gentlemen: The City of Orono stressed the importance of completing the Ring Route Road Project by November 15, 1979 at the preconstruction conference. During the course of the construction, we frequently reviewed the status of the project with you or a representative of your company to stress the importance of timely completion. You have failed to meet the agreed upon deadline. The City Council is concerned about the future completion of the remaining work on the project because of the delays encountered to this date. The safety of the driving pub- lic on the roadway, lack of vegetation on the slopes, and maintenance of the roadway through the completion of the project are additional concerns. The City therefore feels that liquidated damages as provided for in the contract should be assessed on the project as indicated in our November 26, 1979 letter. The contract starting date on the project was indicated as on or before June 15, 1979 with authorization to start work being given on June 19, 1979. Completion of the project by November 15, 1979 would not have been a problem had your grad- ing contractor remained on the project and the other project operations been better coordinated by you. The City of Orono did not receive a request for time extension during the course of the project and have no plans to grant the ex- tension of time based on your November 28, 1979 letter. The concerns of the City is that in the event it is necessary to bring in another contractor to complete the project adequate money is not presently being with- held. Liquidated damages from November 15, 1979 through June 30, 1980 would amount to $45,600. If the completion extends beyond this time damages would be even greater. The estimated work remaining on the project is $230,000+ and in the event this work must be rebid, anticipated inflation of 15 percent ($34,500) would have to be added to the project cost. Moreover, in the event you elected to leave the job, any new company would undoubtedly charge a premium to finish the reduced project which could amount to as much as $10,000. Page 1. ` � ' Page 17 Buffalo Bituminous January 9, 1980 Buffalo, Mn. 55313 Re: File No. 13902 The City of Orono has paid out to you $327,043.80 to date and retained $36,338.20 pursuant to the contract. Request for payment No. 5 if paid would result in a retainage by the City of only $43,732.75 which is not sufficfent to protect the City's anticipated financial exposure as noted above in the total amount of $90,100. It is therefore felt that additional payments cannot be made on the project un- til your bonding campany recommends release of funds because, in the event of continued default by your company, it may be necessary for the City to seek the payments set forth above from your bonding company. If you have any questions or suggestions as to how to protect the City while still making payment to you, please contact this office. Yours very truly, BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC. '' =����,��iww IL 1 -�t,-,.� Glenn R. Cook GRC:li cc: Richard Benson� Bruce Malkerson, Atty. Page 2. - . . , Page 18 January 11, 1980 City Administrato� City of Orono, Mii. .��sota Dear Sirs; In regards to letter of J�uary 9, 1980, project was let on April 27, 1979. We did not get a notice to proceed until June 19, 1979. No additional time was alloted to complete project. We then had to contract with Elk River Concrete Co. to construct concrete box culverts, contract with grading contractor who had some delay getting started as to prior commitments, also same with underground contractor. The box culverts were not completed and delivered until September of 1979 due to delay in awa:-�? of contract. We also had a change order to construct a retaining wall as an extra item to the contract which we were not able to get a subcontractor to even start this project in 1979. Buffalo Bituminous d.id get the bulk of the work completed and road opened for use of City in November, 1979. Buffalo Bituminous will not accept any liquidated damages on this project� and you will also note that under the law we are required to be paid month.�y, and if not paid on es�imate we are entitled to interest on amounts not paid. We fully intend to complete project by Ju�y 1� 1980, and do not see where there is any breach of contract. Note; The grading contractor had other obligations and had to leave project for about two xeeks, which would not possibly have happened if an award had been made promptly. We will welcome a meeting between our company, Glen Cook, City Attorney and any other interested parties. Very tru�y yours� G�/LZ-C-�/'f j���(s'JZQ) � . /J� Darrell Hicks ��L�-��-�`"� Buffalo Biturninous DH�do IZFC�ULAR PIEFTIr1G OF '.?'HF OR�rdO COUNCIL, JANUAI2Y 15, 1980 Page 19 The following letter to r4r. Gale C�. Lennon, mRAFFIC SIrrdAL SuPerintendent of the Orono Independent #12 & Old Crystal Bay Rd School District 278 concerning the traffic signal at Old Crystal Bay Road and #12 , dated January 8, 1980 states: "Thank you for hostinc� our meeting January 2 , 1980 with the P4innesota Department of_ Transportation, State Representative Bob Searles, r�ayor Brad ��an Nest, and our staff concerning the traffic light at Highway #12 and the Old Crystal Bay Road. It appears that with approval of the nroject development report by January 15, 1980, the hold- ing of public hearings in P'Iarch, and design study approval b_y April f_irst, we will be able to proceed �aith right-of-way accTuisition b_y April l, 1980 , construction limits approval by May l, 1980 �lans and specifications drafted this sumrmer, bid letting this fall and a construction start spring of 1981, completion by fall 1981. Gale, this is good news and I want to assure you �ae will do everything possible to assure the aclherence to the proposed scheduling of the traf_fic light installation as relayed to us hy Psr. Crawford. Our City Engineer will meet with the State right-of- way Personnel to discuss a �and acc�uisition time-table. I will discuss the proposed project with Psr. Bud Buschbaum and Mr. Bob Wagner, the affected property owners. t9e do have one particular concern that your School Board might assist us wi:th. As you know when we met to discuss the Project this summer, we were informed that the ric�ht-of-way costs would be part of the total construction costs. At our meeting �4ednesday, it was indicated that the cost to acquire necessary ric�ht-of-way would not be eligible as a construction cost. ��7e are very concerned with this simply because of limited outside f_unds to subsidize this unexpected expense. The City of Orono is requesting the Orono School District to participate in the land acquisition cost since the benefits are shared by all of the cities in the Orono School District. I would appreciate, at your convenience, a reply to our request to allow us to Proceed with the planning process on this matter. " End of letter (Continued) RE�ULAR P4EETING OF THE ORONO COUr1CIL, JANLJARY 15, 1980 Page 20 The following letter was received from the TR.AFFIC SI�NAL P4innesota Department of Transportation District (Continued) Engineer Bill Crawford, dated December 21, 1979 , which states: "A traffic signal and channelization nroject is currently scheduled for an August 27, 1987_ , contract letting date. However, bv scaling the project down (reduced width, number of lanes , and future capacity) , we hope to eliminate sorle federal and state environmental requirements and reduce the cost. ��e should know in the next month if_ the Federal Highway Administration will apProve the reduced design. If they do, the project could be moved up to the fall of 1981 assuming one and a half_ years for right-of-way acquisition. If the City of Orono could obtain the right-of-wav in less tirae, the project could be moved up even further, possibly as early as 1980. However, f_unding and manpower could still be a problem. There does not appear to be an intermediate traffic control that would be safe or effective for this intersection. PZay I suggest,Bob, that you provide us an opportunity to work with ��ou, the City of Orono and the school board. If we were to r.ieet, I am sure we could explain the circumstances and there is a chance we could speed up the letting of this project. " End of letter Council P�eeting - Januar_y 15 , 1980 The City Council requested the City Engineer to determine ric�ht-of-way costs and to explore methods of reimhursement to the City. Glenn Cook, City Engineer, presented the following CHANGE ORDER - RING ROUTE letter to the City Council addressed to Buffalo Buff_alo Bituminous Bituminous, dated December ?.6 , 1979 , �ahich states: "The City of Orono would like a cost estimate on the change order for constructing the retaining wall along County Road 6 by February l, 1980. In the event you are not able or �io not desire to complete this work, we would have ample tirme to solicit bids. If you have any questions , please contact this office. " End of letter �' REi�ULAR r2EETING OF THE ORONO COUNCIL, JAJ�IUARY 15 , 1980 Paqe 21 The following riemo was presented to the Citv STREET LTGHTING CONTRACT Council from John �erhardson, Public 6aorks t�7right-Hennepin Electric Coordinator, concerning a street lightinc� contract with Wright-Hennepin Electric f_or the Ring Route Road dated January 8, 1980 , which states: On December 7 , 1979 , I submitted a memo to vou recommending street lighting at the north and south end of the Ring Route Road. In that same memo, I submitted a monthly and annual cost schedule from Northern States Power Company. On December 11, 1979 , the Orono Council apProved the installation of a street lic�ht at the inter- section of the north and south end of the Ring Route Road. It has been brought to my attention that rdorthern States Power Com�any does not service the inter- section at (County Road 84) Bayside Road and (County Road 19) Pdorth Shore Drive. That inter- section is serviced by �aric�ht-Hennepin Electric. I have contacted Psr. Neil rzcrsillin, Desic�n , Engineer for Wright-Hennepin and it has been determined that hecause there is no street lighting in Orono provided by Wright-Hennepin Electric, a street lighting contract must be implemented. I have attached those contracts _for signature along with an annual cost schedule. This contract will allow any further street lighting in the City of Orono serviced by Wriqht- Hennepin Electric. Council I�Ieeting - Januar_y 15, 1980 Butler moved, Hurr seconded, to ap�rove the street lighting contract with �9right-Hennepin Electric for street lights a� the Ring Route Road. P'Iotion, Ayes (4) - Nays (0) . Glenn Cook, Citl� Enc�ineer, discussed Administrator M.U.S.A. LINE Benson' s request to identifv Orono' s M.U.S.A. Line Definition designating urban sewer areas and rural areas with the intent to legally define this line as a permanent part of Orono' s Land Use Plan. (Continued) �' k��ULAR r4EETING OF ^HE ORONO COiJTdCIL, .7ANUARY 15, 1980 Page 22 Paurus moved, Butler seconded, to identif�� M.U.S.A. LINE Orono' s PZ.U.S.A. Line designating urban sewer (Continued) areas and rural areas with the intent to lec�ally define this line as a permanent part of Orono' s Land �IJse Plan and also suhmit map and resolution at the January 30, 1980 Council rieeting. Psotion, Ayes (4) - Nays (0) . Butler moved, Paurus seconded, to apProve the COP•'IPREHErdSIVE SEV7ER PLAN letter from Mayor Van Nest to T4r. Salisbury LETTERS* Adams, dated December 17 , 1979. PZotion, Salisbury Adams Ayes (3) - Nays (0) . December 17 , 1979 Letter - Pages 23 & 24 Butler moved, Paurus seconded, to approve the Richard Douqherty* letter and attach.ments from Richard ,T. Dougherty, December 24 , 1979 Pietropolitan [�Jaste Control Commission Chief Administrator, dated December 24 , 1979 . ]'Zotion, Ayes (3) - tlays (0) . Letter - Pages 25 - 37 Butler moved, Paurus seconded, to ap�rove the Ray Odde* letter from T•7alter R. Benson, City Administrator, December 26 , 1979 to PZr. Ray Odde, P�etroPolitan tiaaste Control Commission, dated December 26, 1979. Motion, Aj�es (3) - Nays (0) . Letter - Pages 38 & 39 Butler moved, Paurus seconded, to approve the Charles �•�eaver* letter f_rom Representative 'Robert L. Searles December 28, 1979 to Mr. Charles �9eaver, Metropolitan Council Chairman, dated December 28, 1979. P�4otion, Ayes (3) - Nays (0) . Letter - Pages 40 - 42 Butler moved, Paurus seconded, to a�}�rove the Charles Taeaver * letter from Walter R. Benson, City Administrator, January 2 , 1980 to D4r. Charles �9eaver, Metropolitan Council Chairman, dated January 2, 1980. P�otion, Ayes (3) - Navs (0) . Letter - Page 43 ' Dick Benson, Cit�� Aciministrator, presented the 201 SOUTFi��TEST PLANNING Citv Council with the followinc� riemo concerninq STUDY* the 201 Southwest Planning Studv �iated Januarv 9 , 1980, which states: (Continued, Page 44) . � . • Tcic�phone 473-7357 ,% - Pac�e 23 _ ��i �' -T :c�.� ; CITY of �]E�OI� O _ _� , - _ � • Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices ��� On the North Shore oj Lake Minnetonka � ������- � D ���o ��� � C� � � � � December 17, 1979 D o�C 20 lg7g Mr. Salisbury Adams 60 Myrtl ewood Road C�TI( OF ORONO, Wayzata, MN 55391 -� Dear Salisbury: Thank you for taking your time to have breakfast with us last Friday morning to discuss Orono's comprehensive land use plan and our concerns over the location of the MUSA and MSSR lines within ,the City of Orono. I am enclosing part of a copy of the Storm Water Impact Investi- gation that shows the effect of density on the quality of storm water run-off, Page 35, Paragragh #3, and Table #19 show that up to 10 times as much phosphorus could be produced as a direct result of density over the two acre building sites in Orono. I am also enclosing a report done by Dr. Shapiro on the water quality in the Minneapolis lakes. This report shows that although Minneapolis lakes have never had any sewaae affluent in them they are in trouble today because of the phosphorus contents from the urban density which is poluting the lakes from the storm water run-off. The enclosed preface from the Orono Comprehensive Sewer Plan, I believe, best states the basis of Orono's concern for preserving the quality of Lake Minnetonka. Forcing large interceptors through the City of Orono to provide sewer capacity to the existing MSSR line, can only produce �a level of urbanization in the watershed that will produce far more phosphorus than is being oresently transmitted to the lake by the Maple Palin sewage treatment plant. It is also interesting to note that the 208 study that was conducted by the Metropolitan Council and Waste Control Commission found that the best alternative for Maple Plain was to improve the MaFle Plain plant removing phosphorus on site but now when we get the 201 Facilities Study we find that the Waste Control Corrunission plans to install a large interceptor through Orono. We are having a meetinq with Bernie Harrington of the Waste Control Commission, today, to discuss the reasons for which the Waste Control Corrmission has not approved our Interim Comprehensive Sewer Plan showing the City'.s location of the MUSA line. At tF�e conclusion of " � ' Page ?_4 Mr. Salisbury Adams -2- December 17 , 1979 that meeting I would like to have an opportunity to discuss with you the long-range impact of the Maple Plain interceptor and the location of the MSSR line on Orono's comprehensive planning. I sincerely hope that we are not to be bound by an arbitrary line that was established years ago which no longer is consistent with any of the current local municipal planning required by the Manditory Land Planning Act. Thank you for your interest in this matter. Y r tru , Brad Van Nest enclosure cc: Bob Searles George Pillsbury Dick Benson �. ' �T;��;► v►�;�n ', Paqe 25 _ , . _ . ;��,.. - �_ � December 24, 1979 Mr. Brad VanNest, Mayor City of Orono Post Office Box 65 Crystal Bay, Minnesota 55323 Dear Mr. VanNest: This letter is a follow-up to confirm the discussion between the City of Orono, Metropolitan Council and MWCC staff at the meeting of December 17, 1979. The letter is also in response to previous communications regarding the status of your interim comprehensive - sewer plan. , As agreed upon in the meeting, the Commission is providing you with the general and specific requirements for preparing a comprehensive sewer plan (CSP) element of the Comprehensive Plan which will be i submitted to the Metropolitan Council on or before June 23, 1980. � The general information on procedures and content required in prepar- ing a CSP is enclosed arid identified as pages 189-198 (Procedure #10) of the Metropolitan Council 's 208 Areawide Plan/Development Guide on Water Quality Manager�ent. The content of the CSP should be of such detail so as to identify the 20 year program for sanitary sewa�e collection, treatment and disposal ` for all existing and future residential , corrmercial , institutional and industrial users in the City. Sections B and C of Procedure #,10 describe the minimum content of a CSP. It is assumed that much of the information submitted to date as nart of the interim CSP will be included as part of the full CSP. For clarity in review by all parties, (local and metro government units) it is recorrmended that the full CSP compile all necessary information into one document. To assist you in preparing the CSP, we have reviewed the Comprehensive Sewer Plan (Phase I 1977-1990) and other documents each submitted indenendently. The CSP appears to meet the general content require- ments for the management of waste collection, treatment and disposal with the exception of describing the extent of and consideration (agreements) necessary to provide intercorr�nunity sewer service. The following areas of your CSP should be modified to be consistent with the policies of the 208 Areawide Plan/Development Guide on Water Quality Manager�ent: 350 fTlETRO/OURRE BLDG. 7TH 6 ROBERT/TREEU lRIf1T PRUL Rl(155101 612 222•8423 . n � " Page 26 � � Mr. Brad VanNest, Mayor City of Orono December 24, 1979 Page Two 1 . Page 13 of your plan indicates that via Policy 9b that the community has the option of providing sewer service in the rural area. The Development Guide on tJater Quality Manage- ment does not include this policy nor this provision in another policy. Rather, Policy 7 should be included in your plan which prohibits the extension of sewer service into areas other than that included in the MUSA. 2. On page 11 of the Plan, it is stated that the city will resolve area wastewater prohlems with either condemnation of property or constructinq on-site waste disposal system. These alternatives may be acceptable in rural areas not contiguous to existing sanitary sewer systems. Developed areas having sewage disposal problems and are contiguous to areas with available sewers, should be provided with sewer service within two years as required in the "Sewage and Waste Control Rules and Regulations for the Metropolitan Disposal System". The identification of the six (6) problem areas in your letter of November 29, 1979 and attach- ments are examples of areas which are contiguous to sewered areas and should be provided with sanitary sewer service. The possible exception to this condition is the area east of Stubbs Bay. 3. The CSP states that inflow will be prohibited and infiltra- tion limited to 100 gpidm for new sewers. However, the flow records do indicate that there is inflow/infiltration (I/I) in the existing system. The CSP should include a program to eliminate or reduce these I/I flows in the existing system. Item Clb2 of the plan content guidelines states that sewage collection facilities jointly used with another community should be identified and information on area of service, number of connections and flow volume should be provided. A copy of the joint use agreement on cost sharing should be provided for each intercommunity service area. Those areas in your city which are served by sewers in Long Lake, tJayzata, etc, should also be identified. They should be described by area of service, number of existing and future projected connections and estimated flow. Copies of signed agreements for these joint-use facilities should be provided. . The Corr�nission is in the process of conducting a 201 Facility P1an in which the Maple Plain Wastewater Treatment Plant is being studied. It appears that the recorrvnended alternative for improvements at Maple Plain is to phase out the plant and convey the wastewater to the Long Lake Pumping Station. Should this alternative be selected, please ' Page 27 . �- Mr. Brad VanNest, Mayor City of Orono December 24, 1979 Page Three be assured that while the interceptor will pass through Orono, it will be available for sewer service in your City only where consistent with the City's approved comprehensive sewer plan. If you have any questions in regard to the information in thisletter, please let us know. • Very truly yours c- Ric ard J. Do gherty Chief Adminis rator RJD:RAO:nc cc: John Harrington, MC John Tomaselli Senator George S. Pillsbury Representative Robert L. Searles Ed Ramsdell Walter R. Benson ;.�-��l • . - 189 - , Page 28 Metropolitan Council Procedure n9 - Bond Issue A. Substantive Procedure l. Adc�itional debt service of new offerings should be kept to the amount necessary to amoritize the issue over 30 years or less with even annual combined payments of principal and interest. 2 . Correlation of new debt service with outstanding debt to provide a uniform annual debt service �udget and to permit reduction of the term of new of�erings by use of the "drop- � off" of retired issues. 3 . The right of redemption should be rese?-ved to the fullest practical extent and call premiums snould be disceuraged. 4 . SubseQuent issues should be correlate� to the necessazy capital programs to provide for a qua=terly issuance and snould be combined accordingly. 5 . �ny Co�-�ci1 agency Liscal demands may be combin�d in s�se- cLen�. issues to provide for fle�ibility within the progr��s . N�et�-coolitan Council Procedure �IO - Local Com�rehensive Sewer Policv ?lan General Discussion , The Metropolitan Land Planning Act of 1976 Section 473 . 859 Section " 3 paragraph (b) reauires local gove_�ments to provide a public facility plan and in particular a Sewer Policy Plan. The requir�*nent of this act is similar to the �ietropolitan Sewer Act (MSA Sec. 47 . 3c01 et/seq. ) which requires Iocal gover;unents to submit c�mpr�hensive sewer plans describing s�werage service needs from the �IWCC_ The Metropolitan Reorganization Act fLaws 1974 Chapter a22) recruires the Council to adopt a Was`e Manage:nent (se�aerage) Policy Plan. � Part of this plan is the adoption of procedurzs which allows the Council and the Coiemission to coordinate their review requirement of these two sewer plans . This coordination is described in the � following procedure. The local se�aer policy plans and amendments to this local plan are to be submitted to the Metropolitan Council as part of the compre- hensive plan for review and comment. P_iter t�e Council ' s review and recommendations , wit'� or without comments , the local goverz- ment is to submit the adopted comprehensive sewer policy plan portions of the coiuprehensive plan to the �IWCC for aporoval. After January 1, 1981, the MWCC is not to recer.tmer.d any change in service for a local government to the Mir_nesota Pollution Control Agency unless t:�e local govern.rnent has a :�iWCC-approved - comprehensive sewer policy plan. Such plan should include the � � - 190 - Page 29 collection, treatment and disposal of all sanitary sewage , including on-site sewage disposal system ordinances, administration system and adequate operation and maintenance system. The local sewer policy plan is an important means of determining the impact of local systems upon the regional system as well as future system expansior.s or modifications . The Council adopts the following procedures for its participation in the sewer policy plan review process to insure con�ormity of the local plan to the regional development policy and metroaolitan s2wer system e�ansion. A. � fi�ldli�C DiOCeQllT? 1. The Council ' s Referra� Admir_istrator shall submit a copy of a local Comprehensive Plan to the Waste Cor.�rol Com- mission immediately upon the Chair:�an ' s issuance of order to coramence tne plan rev�ew. The Waste Control Com- mi.ssion staff are to review th�s plan ar_d submi�t a res- ponse, in writing, to the Council s�ai� within 20 days . of the Cha�r_nan ' s plan review ord�r i: �^e Dlan has a major conTlict with tne recional Was�e `^.ana5e�rent plan or if major info .� tion is not inclLded in the plan . 2. Durina tae review proc�ss of a cor�rehensive plan , the Councii staff snall arrange a joint meeting o� �he Council and Commission staL= with the af�ected local gover^.ment units , if necessary, to discuss the Cot:r_cil and Cor�unission sta�f comments on the local Comprehensive Sewer Policy Plan. Any subsequent cor�nunication initiated by the Council or Commission staFf with the local government uni�s sha�l include mutual notification between the Council and Commission. To tne extent practicable, the CoLncil shall coordinate all meetings initiated by the Council or Commission sta�f with the local gove r.unent units . The Council shall be ' responsible for notifying all parties and arrancing all meetings. 3. After the Co�unission has completed its review oz the Com- prehensive Sewer Policy Plan, a mernorandum wi11 be forwa�ded to the Council within 60 days oi the Chai rnan ' s plan review order date on '-�ne local sewer plan and its rzlatior_ship to the regional sewerage plan. 4 . An appropriate committee of the Cor.mission and the Com- mission may review the plan and staf� comments and ior�aard recor�endations to the Council or tne Coiranission may elect to allow the Chief Administrator to formulate recor,unendations on the plan and forward these to the Council for consideration. These recommendations from either the Corranission or �dministrator are to be forward- ed to the Council within 75 days o= the Chairman` s plan review order date. 5 . ?�n appropriate cortmittee of the Council will review the� plan, Commission cc�unents , local covernment concerns and _ ,_ ', Page 30 - _1�1 - forward a recommendation to the Council. The Council will review the committee ' s findings and transmit its recommendations to the local government and the Waste Control Co�nission. � 6 . Local governments are to make changes to the Comprehensive Sewer Policy Plan as necessary in accordance with Council coinments , recommendations and requirements and submit the Iocally adopted plan to the Commission for approval . The Commission is to approve plans wh�ch are consistant with Council rzview and recommendations of the Comprehensive Sewer Policy Plan. 7 . Before approving any local sewer policy plan not in � - confor;nance with the Council policy plan and the Dev- elopment Framework, the Commission must first rec�ive notification tnat the Council has amended �he policy--�-lan to accommodate this variation. g , ' In those cases where review of ��e entire sewer �olicy plan cannot be made because infor•nation recarding adj acent local gove�--:ments or proposed regional facilities is eith�r uncertain or unavailable, the Council shall reserve coirunent on those features and make its recommer.dations to tne Commission only on t�-�ose plan elements which, in its judgment, are clearly unders�ood. The Com�ission should condition its approval of the local sewer oolicy plan accordingly. ,. _ " � 9. Subsequent to sucn review and aporoval by the Council and - Co�r¢nission , any local government proposing to alter or improve any existing sewers o r other disposal facilities in a manner not specifically approved by the Commission in its review of the Iocal sewer policy plan shall submit its proposal to the Commission for review as a plan amendment be�ore application to the M.innesota Pollution Control �gency for a sewer construction per•nit. lp, All amendments to an apptoved local sewer policy plan shall be reviewed by the Council and Commission in accordance with the above proc�dures. B. Content of Local Comprehensive Sewer Policv P?an G�neral Inior,natioa The Comprehensive Sewer Policy Plan (CSPP) , as part of the Com- prehensive Plan required under the Land Planning Ac�, will be broader in sc�pe than the previously required Comprenensive Sewer Plans (CSP) of local gove.rnments. The sewer syst�m engineering and ulti;nate system design may change very little or no� at all from t:�e original CSP. The CSPP will indenti�y localized service area timing and a map showing where and wnen service would be provided a certa�n area. This servic� area and timing for sewer construction is to be consista.nt with the� Comprehensive Plan of the local government. - 192 - Page 31 In those areas where sanitary sewer is not planned, adequate on-site sewage systems are to be constructed and maintained so pre:nature installation of sanitary services across rural or open areas are prevented and will not be a burden ori the local government. The development of ordinances and administrative programs to insure the prevention of premature sanitary sewer installation will be a part of this CSPP. To clarify the local governnents intention to implement this program, each plan should adopt specific policies to carry out tneir plan. C. Content of Local ComArehensive Sewer Plan I. Local governmen� units are expected to use the 1980, 1990, and 2000 population and e�-r.ployment data included in the policy plan =or overall direction on developnent. I� a local unit of government �eter:nines that the progra�-n:-ned availability of inetropolitan sewer servic� con�licts-- with local need, it may reQuest the Council and CommissioZ to consider amen�;ient of the policy plan or developmen� program. Such reQuests will be considered pursuant to administ=ative and operatior.al procedures established by the Council. 2. The local sewer policy plan sunmitted to the Comm�ssion ior review should be consistent with the adopted conprenensive plan of the Iocal government L:nit. 3. The local sewer policy plan should contain the following information at a level of detail suf�icient to describe the existirig and future sewer issues and recorimend sol.utions and appropriate facilities. a. Community Physical Facilities Surface water drainage districts, including arza or subarea boundaries , area of district and sub- districts in acres , drainage direction, points of . colle�tion, ponding areas, rivers , streams , floocplains , ponds, �.akes, and wetlands. b. Existing and Proposed Sewerage F�cilities 1) Locaticn, size, capacity, and design, flaws for existing and proposzd laterials and trunk sewers , lift stations, forcemains and septic tank pt:rapage and other waste disposal sites in the collecticn syste.*n. 2) Any sewerage facilities being used jointly with another local governmental unit indicating area of servic�, the number of connections and se�-vice flow volume. 3) Location, type and capacity of all existing trea�.n:ent facilities for public use whether � municipally or privat�ly owned should be iden- tified including their appropriate Nat=onal � - 193 - Page 32 Pollution Discharge Elimination System (�PDES) permit. 4) Existing sewered population and estimated increase to sewered population, by year, for the next five years. 5) Existing and projected ( for next five years) sewered connections and/or residential equivalent. c. Community Development � . 1) Description and location �p of existing sewerage problems , including onsite sewage disposal svstems , malfunction problems and ne�ds associated with continued operat�on of exist�ng treat�ent fac- ilities , whether municipally or privately owned and se�aer syste:n capacity limitations. 2) Existing land use , i�cluding existing (where practicabie) proposed streets , hicnways , open space, etc. consis�ent with an adopt�d comprehensive community plan. 3) Existing and projected ul�_:nate zoning and land use, includirlg designated open space, �loodplain and similar restricted areas. 4) Any proposed changes in gove�mental boundaries affecting the community, including any areas designated for orderly annexation by the Minnesota Municipal Commission. (NOTE: Items 2, 3 and 4 may be in Comprehensive Plans and need not be duplicated. ) d. Design Consideratio*�s for New Sewerage �'acilities 1) Design time period and design pcpulation. 2) Design per capita flows, average and :naximum. 3) Miniinum design standards �or the control of inflow/infiltration into tne sewer syst�m. 4) Types, amounts and s��ength of waste wat�r including domestic, commercial, industrial and institutionai as well as iCentification or individual industrial discharcers whose average daily flow exceeds 50 thousand gallons or exc�eds five per cent of the total local gove�mental flow or contains toxic wastes. 5) Sewer sys�em design date for areas of ser�ice _ outside the community boundaries. • �, - _194 - Page 33 6) Time schedule and map outlining proposed to the sewer service area and the metropolitan and/or local system is reguired within tao years of service availability consistent with the Council policy plan and the MWCC rules and regulations . 7) Timetable for upgrading all nonmunicipal treat- ment plants that do not meet state effluent and water quality standards as identified in the NPDES permit or for terminat�ng plan operations. e. On-Site Sewage Disposal Facilities The local CSPP is to con`ain ordinances , adl-ninis- trative procedures ar.d en�orcement procedures which will adequat�ly fill the ne�d of trouble- free on-site sewage disposal. The recommended plan content cuidelines for on- site system management �or local gove�ment are : 1. On-site system plans and ordinances shall contain appropriatz design, composition , constr.action , location, siting and use requirements relating to all standard and/or alternative systems which may be installed. l.l. Alternative Systems. On-site system orcin- ances which permit the use of aiternative systems shall contain specific standards ,: _ applicabie to such pe?-aiitted alternative - -- -- ' .. systems . — - - - - -. -- __ . - - - I.�2 . On-site system plans and ordinances should generally prohibit the ir_stallation of standard on-site systems in: a) areas where problems are likel y to occur because of soil constraints or other ' geologic or hydologic characteristics ; b) low swampy areas or areas subject to recurrent floodir.g; c) areas where the highest known grot:nd- water table, bedrock, or impervious � soil conditions are within three feet of the botto� of a system. - �� �age 34 � � - 195 - o:. 2. On-site system ordinances shall contain application and review �rocedures and requirements for tne issuance of on-site system permits. Such requirements should provide for the receipt of a permit to install an on-site system prior to, or in conjunction with, the issuance of a building per:nit. Application and installa- tion requirements shoulc provide for the transmiss�on of adequate syste*n and site , information and a review procedure to ensure compliance with the ordinance. 2. 1 Ordinances shall require th�t applications contain a description of the site' s c�'-i.ar- acteristics , including a soils ar_d subsur- face evaluation based D0r1i1�5 , percolation tests , and a description of the proposed system. 2 .2 Subdivision (or other) ordinances should provide for the approvai of preliminary plats only following a deternination that the soils in the platt�d area generally suitable �or t_he installation or on-site syste�s consist�nt with the on-site syst�Tn ordinance requirements . . � , - 196 - � page 35 �i 2. 3 Separate site testing should be per�ormed in connection with all on-site system applications . On-site system ordinances should contain installation, inspection, and �acceptance procedures which require that a11 new installations , modifications , or repairs be inspected and approved prior to covering the system. Final system approval should be given only where a system has been installed consistent wi��h tne ordinance reguirements and any speci�ic condi- tions contained in the installation permit. 3. Local units of government should adoDt on-site system ordin- �nces an� controls that contain inspection and maint�nance recuire- ments where necessary and consisten� with Policy 44 and should help to ensure that system owners receive appropriate education and technical assistance with system operat�on and rnaintenance. 3 . 1 Inspection. On-site systems should be ins�ected on a regular basis, wher� necessary and consistent with Policy 44. Insaection should check the sludge and scum accumulation in a se�tic tank, or apnropriate equi�-- _ent, iz any, in an alt�rnative system. Ins�e�tion shoulc cccur no 1�ss than biannually . � 3. 2 Maintenance. Where nesessary and consisten� wi`h Policy 44 and procedure 3 . 1, local governments should reauire maintenanc� of a septic tank when ir_spection reveals that sludge reaches a point 12 inches below the bottom of the outlet bafrle and/or the � scum reaches a point 3 inches above the bot�om of the outlet - baffle. Maintenance requir�*nents ror alterr_ati�re syste.'ns should J be established in the ordinance or at the,_ time of izstallation permit approv�l: - 4. Recordkeeping. Al1 local progrzms should arovice �or recordkeeping relating to the design �d location of new and/or renovated on-siLe systems . System owners or `heir agents should be required to submit a final description of the system as installed to the local gover:zment. The descrip tion should include such information as : site addr�ss , location and layout of syst��_. on the site, type and design of syst�m installed, tyne of building served and the results ot the site suitability analysis (percolation t�st snad/or soil borings) . � 4. 1 Where necessary and consistent witt'� Policy 44, local programs should provide for on-site syste.*n data collection and recordkeeping cover�ng' the freanency of -complaints , pumping a�d/or other mainte- nance activities for eac:� system. � ' Page 36 , - 197 - 5, Re�nedial Action. Programs should include measures to identify the location of systems creating nuisances and/or endangering public health and/or endangering the safety of any domestic wate'r supply, and/or polluting or contaminating any water of the state. 5 . 1 The local on-site system ordinance should include provisions for correction, replacing or terminating the use of any system identi�ied in 5 . above. . 5 .2 Ordinances should require that existing systems comply with the new on-site system standards in situations where work other than maintAnance is being proposed Lor an existing system. 6 , Authorized metropolitan area counties and/or local uni�sof government should collectively and cooperatively ��tab- lish programs and standards for licensing system ir.stallers , pumpers , haulers , site evaluators , and maintainers operating witnin tneir jurisdiction. Licenses shall be �ssued only to those wno meet training and knowledge requirements as evidenced by the satisractory completion of a certification program. 6. 1 Cor_sistent with Policy 44 , programs ar_d controls should establish appropriate requir�*nents and measures a�plica�Ie to installers , pumpers , and haulers which er_sure satisractor� per�orr.iance, liability coverage and compliar.ce with I.ocal ordinances. . 6 .2 Consistent with Policy 4a , work records should be obtained on a regular basis by each 1oca1 unit of government from licensed pumpers, haulers and maintenance operators regarding their activities in the local jurisdiction as a condition of licensing. 7. Lacal on-site syste�s management and control progr�mG shall be adeauately sta�fed and Lunded. Administrative powers , responsibilities. and rights shall be specifie3 in local ordinances . 7. 1 Administrative powers which should be specified in ordinanc�s include those relating �o : perfor.nance of investigatory review, site inspection, permit analysis, inspection, and t'Ze issu- ance oz orders relating to enzorc�ment activities . ' � - 198 - � ' Page 37 � 7 . 2 Communities shall ensure the a�pointment of trained and � �' qualified persons as administrators/inspectors , the absence of any conflicting business or interest within the jurisdiction, and should provide e�cpress standards relating to removal of adminis- trative personnel. 7 . 3 Ordinances should provide o�portunity for cooperation or the selective delegation to administrators from other units of administrative responsibilities, particularly wnere funding/ staffing is marginally adequate. 8 . Enforce.ment. Ordinances shall contain �ppropriat� appeal, variance and en�orcement provisions . - 8 . 1 Ordi*�ar_ces shouid con��in speci=ication as to violations , fines , penalties , and other remedies associated t'�erewi1�h. 8 . 2 Ordinances should contain provisions enabling `he admini- strator or otner orficiai to issue orders to: susnend or revoke per.nits or stoo action where perfor.-�ance is occurri�g in violation of requir:nent; requi�� the correction o� new or existing systems where, following inspection and r�view, a system is deternined to be defective; require owners to cease and desist from tne use of an on-site system operating in a manner creating hazard to public health, saiety, or wel�are. � 8 . 3 Ordinznces should contain governmental au�nority �o inspect -'� existing systems following adeqIIate notice . Crdinances should contain provisions requiring gover_Tunental inspection of syste_*ns for which there is probable'cause to believe that a nazard to public hzalth, -- sazety or weliare exists. 8. 4 Ordinances should orovide authority for the local gover�- ment to perform inspecticn and maintenance when the same are not performed in com�lianc� with ordinance requirements . 8 . 5 Ordinances shcul.d provide for the recove�-y of costs- relating to sys�em maintenance fram owners of o_^_-site syst�ms to which such problems are att ib�table. 8 . 6 Ordina.nces should conta�n procedures �or appeal of admini- strative actions . 8 .7 Ordinances should contain a variance provision which allows di.mer_sional variances and the ability �o irtpose alt�rnative or additional design, site, or location requirements witn respect to variance applications . Frovisions in the ordinance which are non- variai�le shouid be specified. - 9 . Areas o� the community where on-site syst��s are per�nitted as tempora�-y and pennanent falilities should be delineated on a nap using U.S. Soil Conservation Service soil class , including high groundwater table, steep slopes and underlyir.g roc!c close to ground surface. Tr'r��}��.mc• 4-,,-:-,i : � . Page 38 � =E,�``"��- ��'��' �� �����T� - - , - :' ,�. : }'ust �).`�i<e l;ux 6E•Cr��stal fiay, Minne�ota 5�323•19unici�;al Offires t•�! (',�' _. 1 � . ��� :��� On 1he ?�'orth Shore oj Lake ��linnetonka .. \ .��t�_►�� December 26 , 1979 ?7r. Ra� Odde 1'letropolitan Tti'aste Control Cor�ission 350 14etro Square Building 7th & Robert Streets St. Paul , r4innesota 55101 Dear P4r. Odde: ThanY. you for hastily arr�nc�ing a meetinc� with your staff, Orono, and renresentatives of the I�-,etr�politan Council Decer.tber 17 , 1979 at your office. P;ayor Brad Van 11est and myself were disapnointed that Bernie Harrington and Psr. Blood could not attend the r-�eeting, as previously arrangecl by letter, and r4r. Blood ' s phone call. Until Thursdav, December 17 , 1979 and our discussion with you, the City of Orono was never a�vare that the Metropolitan [9aste Control Cor.unission will not a�prove Orono' s interim Comprehensive Sewer Plan because: l. All of Orono is classified as an urban area and will not be changed 2. P4etropolitan t7aste Control Corlmission does not anprove of Orono' s on-site disposal systems in an urban area and does mandate connecting to municipal sewers and the Metropolitan system as soon as �ossible 3. The M.i4.C.C. will not approve changing r4.U. S .A. and Ni. S . S .R. lines 4. Pi.W.C.C. has not received Orono' s Comprehensive Se�aer Plan 5. Since all of Orono is classiried as an urban area, Orono has to subr�it a plan showing stac�ed qrowth for the ensuing years ' ' ' ' . Page 39 Pir. Ray Odde Decernber 26 , 1979 Pac�e 2 The City of Orono has allocated r�anv hours of tirne, effort and limited tax dollars as documented by our correspondence and rn�etings over the �ears atter�Ptinc� to reach an agreer�ent allowing us to submit our interim Cor�prehensive Sewer Plan to you so we coulc� continue on with the rmandatory Pl�nning that is re�uired. Orono really felt that it had reached an ac�ree?-��rit ;vitn ?�1r. Boland and P9.�a.C.C . staff and this is why Orono �roceeded with its interim Comprehensive Sewer Plan. "_'he City has twice , at great exper.se , suhmiti��d interim co�orehensive Plans to the P1.W.C.C. simply because we t•:ere iniormed a year aao they nad not reviewed our plan because it had not been subr�itted to Lhem. Ray, you agreed to draft a letter to us outlining the :i.��7.C .C . ' s position and what you will rec�uire Orono to do to resolve Lhis matter. j�7e are anxiously �vaiting �or your renlv. Sincerely, G-(/ �� �•7alte . enson City Administrator cc: Senator George S. Pillsbury Representative Robert L. Searles Salisbur�� Adams Ed Ramsdell Bernie I�arrington John Harrin�ton Karl Burandt Bob ?4azanec Orono Mayor Van IJest Orono City Council Bruce Malkerson, Orono City Attorne� r J,_` ,' _..� nage 40 , . , �:;=��� � . �����s��a Roberi L. Searles ' �t'� '�' :��h y�, ��L'1��' O� District 426 '•{ �r��::�,-� �,=`�---- . Lake Minnetonka Area ;,���—___ ,r�_�•, - ��������������� Hennepin County �D �' fr' Committees: '��'4' Labor/Management Relations aodney N.sea�ie,SPeake� Local and Urban Aifairs Taxes, Division 1, Chairman December 28, 1979 Mr. Charles Weaver Chairman, Metro Council 300 i�etro Square St. Paul, MN 55101 Dear Chuck: I am writing you about a continuing planning and land nse problem that has existed for several years, involving the City of Orono, the Metro Waste Control Cor.imission, and the Metropolitan Council. The major factors in this matter concern Iocal comprehen- sive planning, potential extension of inetro urban sewer service, and metro transportation decisions. The latter factor has a recent history starting in 1972 when Mn/DOT - (then the State Highway Department) projected several new alternate rights of way for U.S. 12 west of the ne�a by- pass around Wayzata. Each proposal had as its major element by-passing the City of Long Lake and the City of , Maple Plain_ After public meetings on the subject, Orono's - planning process settled on a route through Orono -- to serve not only the part of the state west of the city but also providing an urban level of highway service to Orono, Long Lake, Maple Plain, and neighboring communities. It was felt that not only were western areas near U.S. 12 served by this plan, but the north shore communities of Lake Minnetonka would also be given a viable alternative to the existing rural road system. By 1974 this on-going planning process was turned• around by a state highway policy decision not to build a new by- pass through Orono. Even the planning process for such a new facility was dropped. Orono' s land-use plan had to reflect this decision and it has �been a major "given" in the planning equation since that time. An earlier Waste Control Commission (then Sewer Board) decision projected urban sewer servie in this same area_ This has never had the support of most of the citizens of the area west of Wayzata, although some land developers and business interests might not have the same vie�a. The ;� Replyto: O 173 State Oftice E3uildiny, St Paul, Minnesota 55155 . (612) 296-4309 i � + ' , � Paqe 41 Mr. Charles Weaver -2- 12/28/7y fact is that extension of urban sewer service into an area which has no hope of getting a comparable level of trans- portation service has become an obvious planning contradic- tion. It also constitutes a violation of the original purpose of the Metro Council , i.e. , to limit and control urban sprawl. This doesn' t even constitute a rational form of urban sprawl. As I understand it, there is an impasse at this time with Metro Waste Control Commission staff telling Orono that local plans have to accept a MSSR line bulging far into rural land areas which cannot receive comparable road ser- vice. Orono planners point out the contradiction, and also call attention to critical storm water runoff pollution which will act to degrade Lake Minnetonka if urban density development is encouraged in the area. Since the extension of interceptors into the subject area has yet to be designed, contracted for or actually in- stalled, it appears reasonable to re-examine the MV7C� staff views which may be somewhat out-dated in light of today' s knoialedge and concerns . Does a 10 year-old policy for ex- pansion o� urban sprawl stand the test today? Did such a policy ever have validity when our Metro area land use policies were originally set up to avoid continued urban • sprawl? Does such a policy have validity today in the , light of an opposite decision by Mn/DOT in the area in question? � My own conviction is that this question cries ou� for a rational solution. Given the Mn/DOT decisions , the only course of action open to us is to avoid introducing new urban services in the area, as the Orono planning process has delineated in its comprehensive plan. The MWCC staff insistence on its out-moded projections is what has to be changed, not the local plans . If there are factors or considerations which are more im- portant or critical that are known to MWCC planners , I ' d be very interested in seeing and �evaluating them. So far I have heard of none. What I am asking, Chuck, is that this planning impasse be � resolved in favor of what appears to be the more rational Orono approach, and that official maps and area descrip- tions (such as the MUSA and P�iSSR lines) be appropriately � : ' � . � DaQe n2 Mr. Charles Weaver -�2- 12/28/79 adjusted to recognize the realities of this critical west Hennepin area. It' s of concern to me that there is legislative pressure • now to give local units of government the right to with- draw from RDC' s and the Metropolitan Council district. Planning inconsistencies , some might say failures , like the one I 've called attention to, simply serve to erode public confidence in regional planning. It would help restore this confidence to see positive Council action to solve this and other similar problems as soon as possible. I think you and I have to meet on this matter as soon as possible. Thanks in advance for your help. Sincerely, ;__7 ,,� ; l /j` � �� - �.` �-t�... , Robert L. Searles State Representative District 42B " RLS:ak cc: City of Orono Sa•lisbury Adams , Chairman, MWCC Jim Daley, Metro Councilman . , ' � Telephone 473-7357 ` •, ' � Page 43 A f;'�� .e. i. .. *�1���:�������:�- CITY of OROl�TO .�.:;,a:••_�_..`�~F�...:. .�7::�:ti', r. . ��-�,,✓,�_� , A:3?:.�ry���-�K�:. • � Yost Office Box 66 Crystal Bay, Minnesota 55323 Municipal Offices ,�`�,-�•:. =,:z- E,.R�f��,� 'f'�--��• �-'�,�. On the North Shore of Lake Minnetonka '7._r �i O :, i • �r-1 .�;;_ : January 2 , 1980 P4r. Charles [�Teaver, Chairrlan P'Ietropolitan Council 300 Metro Sc�uare Building 7th & Robert Streets St. Paul, P�innesota 55101 Dear P4r. Trleaver: I apoloc�ize for not subriittinq to you a copy of n_y letter to �- P4r. Rav Odde. As the letter indicates, we are very disappointed with the lack of_ enthusiasm Orono has received fror.i the Metropolitan [aaste Control Cor_mmission and the apparent inconsistencies with the total planning process. Charlie, thank you for the assistance you have given us in the past. I do anticipate Orono will resolve its differences when we can reach someone within the *'Ietropolitan jr7aste Control Commission and Psetropolitan Council that can coordinate with us our total Alanning process for the Lake Plinnetonka area and the City of Orono. Sincerely, � Walte R. Benson Cit Adrtinistrator Enclosure cc: Mayor Van r7est Representative Robert L. Searles RFGULAR MEETING OF mHE ORONO COUNCIL, JANUARY 15, 1980 Page 44 P4ayor Van Nest and I met with Paul Diet?, Project 201 SOUTHWEST PLANNING Manager for the Pietropolitan Waste Control Commission, (Continued) and r4r. Richard P4anthe, Engineer with Iiarza, to discuss their pronosed interceptor from the ?sanle Plain waste water treatment plant, east throuqh the heart of rural Orono to Long Lake. The results of this meeting were: The City of Orono does not approve of the i4etro- Politan �aaste Control Commission' s summarv report of the Southwest Facility Planning Study dated November, 1979, which recommends relievinq a se�•aer problem in a rural area and conveyinc� that problem through Orono' s rural area to Long Lake. The consensus of Orono staff, at this time, is to request upgrading of the P4a�le Plain waste water treatment plant. Other data will be forthcoming from the Metropolitan ��7aste Control Commiss�on. The following letter from (�lenn Cook, City Fngineer, to PZr. Paul Dietz , Metropolitan �aaste Control Commission dated �7anuary 7, 1980 states: "The City of Orono would like to hear from your office relative to our Septer.iber 27, 1979 letter. If there is a problem in making the chanc�es rec�uested or supplying the flow information, please contact this office or Richard Benson at the City of Orono. " M.[a.C.C. Public PZeeting Notice - Pac�es 45-48 Butler moved, Paurus secorided, to approve the Dirk DeVries Letter* letter to Dirk DeVries from Mayor Van Nest January 3, 1980 dated �Tanuary 3, 1980. Psotion, Aves (3) - Nays (0) . Letter - Page 49 Butler moved, Paurus seconded, to ap�rove the Lyle Swanson Letter* letter to Lyle Swanson, r4cCombs-Knutson Engineer, Januar_y 8, 1980 from Dick Benson, City Administrator, dated January 8, 1980. P4�tion, Ayes (3) - P1avs (0) . Letter - Page 50 Butler moved, Paurus seconded, to approve the Kent Roberts Letter* letter to Kent Roherts , PCA, from Psayor �7an January 8, 1980 Nest dated Januar1� 8 , 19 80. P��otion, Ayes (3) - Nays (0) . Letter - Pages 51 & 52 Butler r_Zoved, Paurus seconded, to apnrove the Robert T. Brown Letter* letter to Robert T. Brown from Psayor Van Nest January 8, 1980 dated January 8, 1980. tsotion, Ayes (3) - Nays (0) . Letter Pages 53 & 54 , .- , _ � �� ; ► � Page 45 PUBLIC MEETING NOTICE Since early 1976, th� Metropolitan Waste Control Corrunission (MWCC) �� has engaged in an extensive municipal wastewater pollution control ��f� planning effort for the seven-county metropolitan area. This program ���' is called 201 Facilities Planning, referring to Section 201 of the Federal Water Pollution Control Act of 1972. ' 201 Facilities Planning consists of some nine studies all aimed at planning what facilities will be necessary to meet expected water quality requirements and how to provide service for at least a 20 ' year period. ( MWCC pledged to keep the general publ �c, regulatory agencies and 1 ocal offi ci al s i nfo��rned as these s��di e� proaressed. As ;��� k�:et�t, several public meetings pertaining to the stud;es have already h�en held around the metropolitan area, including yeurs. The 201 si;udies have now progressed to a point where all alternatives are being assimilated �nto a Syste�nwide Facilities Plan. MWCC has sche�uled three �neetings in convenient locations around �he �etro area to inform the pu�lic about the final phas� of 2�1 Facilities Planning. The Systemwide meetings are scheduled as follows: � � Tuesday, January 22, 7:00 p.m. Wednesday, January 23, 7:00 p.m. Bloomington City Nall Bunker Hills Activity Center Ccuncil Cham�ers Room A 2215 W. Old Shakopee Road 550 Bunker Lake Blvd. �loomington, F1N 55431 Anoka, MN 55303 Thursday, Januarv 24, 7:00 �.m. � White 3zur Lake Lity Hall Council Chambers � 250 Miller Avenue � W'F�i�e Sear Lake, MN 55110 IAttached is a fact sheet and informational brach�re on �he study. 4t this point ir. tim� MWCC is not recommending any sF�cific a�ter��atives The Systemwide presentations are a multi-step process that r�ili takz several more months to comalete. We are new in the pinnr�ing stage pr;or to applying for regulatory approval - most li�cely in niC-1980. At that t:me the best alternative aossible will be presented - one that has been worked out with tnat sector of the public most affected by the Freject. ' C �.� issioners and MWCC staff inembers will be available at ��� meet�ncs. to answer any quzstions you may have. I� you have any questions prior to �he meeti�gs, call the MWCC Public Participation Office, 222-8423. 350 fTlETRO/OURRE BLDG. 7TH 6 ROBERTlTREEU lRIf1T PAUL Rlfl 55101 612 222•8�2I � I � • Page 46 , METROPOLITAN WASTE CONTROL COMMISSION Public Meeting Notice 201 Planning Program Southwest Area Study Introduction: The Southwest Area Study is one of several concurrent coordinated studies conducted by the Metropolitan Waste Control Commission leading to an overall sewage management facilities plan for the seven county MWCC service area. The overall project is called the "201" plan, referring to section 20l of the Federal Clean Water Act of 1972. The object of the Southwest Area Study is to determine wastewater � management alternatives and costs for the southwestern area of the Twin Cities metropolitan region. Both monetary and nonmonetary factors were examined to identify the most cost-effective a7ter- nati ves. - Purpose: The public meetings on the Southwest Study will provide background on the facilities plan, and a briefing on the preliminary results and alternatives. It will be an opportunity fo the public to ask questions and offer ideas about the alternatives. The MWCC will then be able to consider these additional perspectives on. the proposed projects while they are sti71 in the planning stages. Locations, Dates , Times: The public and community representatives are invited to attend the meetings. They are scheduled as follows: Monday, Dec. 3 ' Wednesday, Dec. 5 Thursday, Dec. 6 7 p.m. 7 p.m. 7 p.m. - Wayzata City Hall Savage City Hall Chanhassen City Hall City Council Chambers 12305 Quentin Ave. City Council Chambers 600 Rice Street Savage MN 7610 Laredo Drive Wayzata MN Chanhassen MN Additional Information: Summary reports on the Southwest Area Study are available f rom Christine Liemandt at the MWCC office: 350 Metro Square B7dg. , St. Paul , tel : 222-8423. Technical questions prior or subsequent to the meetings may be directed to Paul Dietz, MWCC Project Manager for the Southwest Area Study, tel : 222-8423. � ' + ' • Page 47 � METROPOLITAN WASTE CONTROL COMMISSION REGIONAL ALTERNATIVES FACT SHEET I . INTRODUCTION As part of the regionwide studies of alternative wastewater treatment systems for the Metropolitan Waste Control Commission, we have assimilated the results of some nine subregional studies from which we can develop an overall regional plan for wastewater treatment. The evaluation and significant findings, including costs and staging for � implementation, will be presented for public participation at public meetings on January 22, 23, and 24. The following presents a brief surr�nary of highlights of this analysis. II. REGIONAL ALTERNATIVE THEMES To assist in the regional evaluation, the various subregional alternatives were assimilated into systemwide alternatives according to the following themes: 1 . Least Total Cost 2. Least Annual MWCC Cost 3. Minimum Environmental Impacts 4. Maximum Reliability , Treatment alternatives for each of the major components of the MWCC system, evaluated according to these themes, include: 1 . Residual Solids Management Alternatives 2. Combiried Sewer Overflow Alternatives 3. Metro Waste Treatment Plant Alternatives � 4. Alternatives for the .following Treatment Facilities: Anoka Bayport Blue Lake. Stillwater Chaska Cottage Grove Maple Plain Empire Savage Rosemount Seneca III. COST OF ALTERNATIVES Costs were developed for each of the regional alternatives including the capital and operation and maintenance costs. The capital cost portion, as listed below, assumes the alternatives are eligible for both federal and state construction grants. " OVER � ' , � ' Page 48 � These costs are summarized below: Alternatives Costs ($ Million)* 1 2 3 4 Total Capital Cost 338.5 481 .8 469.1 549.1 MWCC Share of Capital Cost 51 .4 70.7 68.9 85.8 Annual Operation and Maintenance 24.4 23.0 26.3 23.6 � *Based upon January 1979 dollars In addition to total costs, an evaluation was made of the financial impacts of the alternatives on individual users. MWCC will provide average and household costs at the January public meetings (see attached meeting notice) . IV. SIGNIFICANT ALTERNATIVES Significant alternatives include: A. Combined Sewer Overflow Controls including: 1 . Separation of local collection systems .2. Storage and treatment of combined sewer overflows at 17 sites throughout the Minneapolis, St. Paul and South St. Paul area. 3. Construction of a parallel interceptor system The total capital cost of combined sewer overflow alternatives range from $147 million and $340 million. B. Residual Solids Management Alternatives including: 1 . Year-round incineration of waste trea trnent sludge followed by landfill of residual ash 2. Incineration or composting of waste treatment sludge on a seasonal basi� 3. Land application of stabilized sludge in controlled landfill sites 4. Heat dried sludge followed by land application to agricultural lands C. Northwest Area Study including: 1 . Expansion of existing Anoka Treatment Plant 2. Abandonment of existing plant and completion of interceptor system to Metropolitan Treatment Plant V. OTHER TREATMENT ALTERNATIVES Remaining components of the regional alternatives include upgrade, expansion, or abandonment of existing treatment facilities. Facilities which may be abandoned, depending on the alternative include: Medina Savage Bayport Maple Plain Chaska " Tel�•phune 473-7 ` ' ' � Page 49 �i /" \ � ' T �.. . ,���, � C I i � of O�ZOI� 1 .. � - � Posl Office f3ox 66•Cryslal Bay, Minneaota 55323•Municipal Offi 1 �r� , �-� � � On ihe North Shore oj Lake Minnetonka _ �-�.� _°.L Q�J � January 3, 1980 Mr. Dirk de Vries 18600 6Joo1 man Dri ve . Minnetonka, MM 55343 Dear Dirk: I am attaching a copy of a letter from Bob Searles to Charlie �teaver for your review and information. The letter points out very clearly the inconsistency of the MUSA and MSSR lines within the City of Orono with the local planning policies of the City. This issue will be before the Metropolitan Council at the time the Orono Comprehensive Plan is reviewed and I will try to keep you in- formed, as best I can, in an attempt to solicit your support for the Orono philosophy. Our latest concern is focused around the recommendation in the 201 Facilities Plan which shows the most cost effective alternative for the Maple Plain Sewaae Treatment Plant is by connecting to the Metropolitan Waste Control System through an interceptor to be installed in �rono. Our contention is that the resulting urban density which generally follows the installation of interceptors throuoh rural lands could cause far more pollution to Lake Minnetonka than the reason the interceptor was installed in the first place. - Perhaps we could have lunch or could meet at some convenient time to review Orono`s concerns over the apparent inconsistencies that exist in the planning process for the City of Orono. � I will be out of town until the the first of February and will give you a call when I return. - Thank you for your cooperation in this matter. � Yours truly, CIT F ORONO Brad Van Nest Mayor BVN/lg enclosure � • Telephone 473-7357 - � � Page 50 �� ���_�� � CITY f R NO �, _. o � O `�� � .'` '' Yost Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices �j a ? - e On the North Shore oj Lake Minnetonka 3�`' . �°��� '3:::.. �. ' January 8, 1980 McCor:tbs-Knutson Engineering c/o Lyle Swanson � 12805 Olson riemorial Highway Tiinneapolis, 2linnesota 55441 Dear Lyle: This letter is in response to vour request concerning the pollution control agencies inquiry to vou concerning the P4etro- politan �•7aste Control Commission' s desires in its 201 Facilities Planning to construct an interceptor from the P4aple Plain waste water treatment plant east to the existing City of Orono municipal sewer system. The City of Orono is diametrically op�osed to the suggestion that an interceptor be constructed in the heart of Orono' s rural area which would be totally contrary to Orono' s land use plan and a direct conflict with the planning process with other communities in the north and west Lake P4innetonka area. The 208 area wide Development Guide Plan specifically states that the Piaple Plain waste water treatment plant should be upgraded to include adequate phosphorous and suspended solids removal facilities. The City of Orono supports the upgrading of the Maple Plain plant to provide high treatmant levels of all nutrients to protect the watershed and Lake Psinnetonka area but opposes a metropolitan interceptor as suggested as an alternative in the Metro�olitan Waste Control Commission 201 Studv. Sincerely, �����' i�alter . B nson City dministrator • Telephone 973-7357 � . � �� •� Page 51 _ ����-. ; cITY of ORONo � .� ; �"�'�•� - � Yost Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices �..�A�: � �' ;o i On the North Shore of Lake Minnetonka =1,.^ _ '@��-�..1.�-�J.�+ .y January 8, 1980 24r. Kent Roberts Compliance and Enforcement Division of ��7ater �uality P4innesota Pollution Control Agency 1935 [aest County Road B=2 Roseville, Minnesota 55113 Dear Kent: Thank you for taking a few r.loments to discuss with me the P4aple Plain interceptor as proposed by the P'tetropolitan i•7aste Control Commission' s 201 Facilities Study. I am enclosing for your information a few pages from the Storm Water Impact Investigation for the r4etropolitan Council which show the conclusions and recomr.iendations as well as the information in Table 19 regarding the effects of various levels of land use on the quality of storm water run-off. I am also enclosing a copy of a report done by Dr. Shappiro con- cerning the Piinneapolis lakes which shows the true ir.mpact of storm water run-off fror.i an urban area on a body of water that has no other source of nake-up water other than that from storm ��ater run-off. I will be out of town until January 27, but would be pleased to meet with you at any time after that date at your convenience to discuss this r.iatter. The City ver� strongly suoports the conclusions reached in the Metropolitan Council' s 208 Study which showed that the r►ost cost effective alternative to the 24aple Plain situation was the upgrading of that plant with additional phosphorus removing equipment. It is m_y personal be�ief that the most cost effective alternative to this problem would be a method of spray irrigation in the surrounding agricultural areas which would provide a true benefit to our economy rather than concentratin� on a nroblem down-streari at the Psinnesota itiver that nobody knows how to solve. � Paqe 52 Pir. Kent Roberts , Januar_y 8, 1980 - Page 2 I will be looking .forward to meeting with you sometime during Februar�� to discuss this matter at greater lenqth. � Thank you for your cooperation in this matter. Yours truly, CITY OF ORONO � � � �---� Will ar.► B. Van Nes P4ayor cc: Bob Searles Dick Benson ' Charlie [9eaver Enclosure - Ti•I�•phone 47;�-7357 ` Page 53 � � ! �' T ,(�� - CI7�Y of O�.ZOl\ O _ , Post Office Box 66•Crystal Bay, Minneaota 55323•Municipal Offices ��1f { �� � On the North Shore oj Lake Minnetonka -�' � o � C� ���c. �:�; - � C� D � [ D � January 8, 1980 JAN � ],ggp _CITY DF ORONO � Mr. Robert T. Brown 21II60 Byron Circle Greenwood, MN 55331 � Dear Bob: As a result of our discussion Saturday I understand that you will be discussing, at the Environmental Corrmittee, the recommendation to improve the phosphorus removal from the Maple Plain sewage treatment plant. The 208 Study conducted by the Metropolitan Council indicated that of the three alternatives that the most cost effective method when all considerations are included is to upgrade the Maple Plain plant to remove phosphorus on site. The City of Orono stronaly concurred with this finding because it has been our contention all along that the interceptor going through rural Orono, would have an a�verse impact on the density of development in the watershed,to Lake Minnetonka which in the 7ong run could very easily produce more pounds of phosphorus to Lake Minnetonka than the number of pounds being removed from the �laple Plain sewage treatment plant. I am enclosing with this letter the table from the Harza Study which shows that the measured quantity of phosphorus from the Maple Plain sewage treatment plant is 4,130 pounds and the � estimated number of pounds of phosphorus from the watershed run- off was 1,750 pounds for a total watershed of 5,880 pounds, yet the measured quantity of pounds of phosphorus actually getting to Lake Minnetonka was 1 ,890 pounds. By removing the entire affluent from the Maple Plain plant we therefore would be reducing the input to Lake Minnetonka by something less than 1,890 pounds of phosphorus per year which could very easily be negated by the urban type development that usually follows and interceptor. : ' Mr. Robert T. Brown -2- January 8, 1980 ge 54 I also am enclosina the few paoes from the Storm Water Impact Investigation done by Hickok and Associates for the Metropolitan Council which was completed in 1973. The interesting results of this study showed, again, that the number of pounds of phosphorus contained in storm water run-off from various levels of urbanization could increase as much as 10 times the number of pounds of phosphorus contained in the storm water run-off from the rural land . use that exists in the northwest corner of the Lake Minnetonka Watershed� which would be served by an interceptor that removes the Maple Plain sewage treatment plant at this time. � I think the conclusions to the report shown on Page 35 and 36 toaether with the recommendation on Pages 37, 38 and 39 are particularly interesting. I have also enclosed Table 19 which - shows the number of pounds of phosphorus per acre produced from different levels of densities. In discussing these lar.d use categories, Hickok indicated to me that our two acre rural zoning would compare to the 'open space category:' The City would urge you to support the upgrading of the Maple Plain plant reducing the level of phosphorus input to Painters Creek but not by installing an interceptor� as is being proposed by the Metropolitan Waste Control Commmission in the 201 Facilities Study. Thank you for your cooperation in this matter. Yours truly, C Y 0 ONO Brad Va Nest Mayor BVN/la . cc: Dick Benson Norm Paurus Frank Mixa � RE�ULAR MEETIN� OF THE ORONO COUPdCTL, JArItJARY 15 , 1980 Page 55 Dick �enson, City Ac�ministrator, entered into the 1�80 APPOIr1TrqENTS record the following concerning 1980 appointments dated January 10 , 1980, which states: The City Council rec�uested rie to c�iscuss with PZr. c�regg Hannah his willingness to serve as Planning Commission ChairPerson and to PZr. Tirt Adams as Planning Commission Vice-ChairPerson. � Gregg inforrned me Thursday that his work schedule for the first few months in 1980 was busv, but he would like to serve as Planning Comr►ission Chairperson and he would be willing to reevaluate his schedule later. It is our policy to rotate these �ositions when feasible. If Council concurs, Steve Wilson would be willing to serve in the present position until a later date this ��ear. Mr. Lee '='omlinson will remain as Park Comr.tission Chairperson and Sandy Welsh will remain as Human Rights Commission Chairperson. Council r'Ieeting - January 15 , 1980 Paurus rmoved, Butler seconded, to adopt Resolution RESOLUTION #1105 #1105, A Resolution Designating Appo�ntrlents For 198� Anpointments The Year 1980, subject to deleting appointments for Planning Commission Chairperson and Planning Commission Vice-Chairperson. Pdotion, Ayes (4) - P1ays (0) . Paurus moved, Hurr seconded, to table until the PLANPdIN� COr�SISSION next Council rteeting the appointments for the CHAIRPERSON & VICE- Planning Comrtission Chairperson and Planning CHAIRPERSON Commission Vice-Chairperson. P4otion, Ayes (4) - Nays (0) . Butler moved, Paurus seconded, to ap�rove the *1979 DISEASED T?tEE REPOR'� 1979 Diseased Tree Report submitted by (�eralci Beach, Forester. Psotion, Ayes (3) - Navs (�) . Butler moved, Paurus seconded, to approve the COUPITY ROAD #15 LETTER* letter to Mr. Sheldon Johnson, Barton-Aschman Sheldon Johnson Associates, Inc. , consultant concerning the December 20 , 1979 County Road #15 matter, dated December 20 , 1979. P4otion, Ayes (3) - Nays (0) . Letter Pac�e 56 , ` Telephone 973-7357 : �� , , Page 56 � ,� . J � �rt ������ �-- ITY f ORONO �'� C o "`,�:w:,, ' -,." b �`L ��=-''�-�_� Yost Office E3ox 66•Crystal Bay, Minnesota 55323•Municipal Officea .'':.`^e���. ; �• �"'�.` On the North Shore of Lake Minnetonka .�. ,�o - � � December 20, 1979 t4r. Sheldon Johnson Principal Associate Barton-Aschman I�ssociates, Inc. Ten Cedar Square West/Cedar-Riverside 1610 South Sixth Street Minneapolis, P4innesota 55404 Dear rir. Johnson: As we discussed this morning, the City of Orono is concerned with the pressure to upgrade Hennepin County #15 into a four-lane highway from P�ound to Navarre. As discussed, our concerns are the proposed plans to convert Henne�in County �15 into a four-lane expressway into the heart of Lake P4innetonka completely disreqarding environ- mental concerns which poses a serious ecological threat to Lake riinnetonka. The City of Orono is interested in studying alternative routes north from Mound to Highways #12 & #6 , and south to Highway #7, diverting comr.iuting and commercial traffic from the congested heart of Lake Minnetonka to a more accessible route to the Twin Cities. The City of Orono is very concerned with the safe movement of vehicular traffic on the existing County #15 and feels that a study by an independent consultant is long overdue. As I discussed with you, we have riany files and data that will assist you in your evaluation of this particular transportation problem. Please feel free to call me at my office, 473-7357 , to assist you in preparing an estimate of cost for this proposed study and the time-frame you will be working within. Sincerely, �/ Walter . Benson City A inistrator / � ; ' R�GULAR PIEETIN� OF THE ORONO COU''JCIL, JAPJUARY 15 , 1980 Page 57 , Dick Benson, City Administrator, entered into the COUNTY ROAD #15 record the following concerning Count_y Road #kl5 Navarre to Mound dated January 10, 1980, which states: The resolution regarding highway construction in the Lake Minnetonka area is an important step toward future planning for the entire area. I discussed the resolution with John Ehrman, PRavor of Minnetrista, pointing out Orono' s philosoph��. He concurred comrtenting that P�innetrista is receptive to a two-lane undivided street to County Road 6 and Highway 12. I am working with John in arranging a �ublic hearing at their Council Char;lbers in the f_uture months to encourage Hennepin Count__y to develop plans for our highway needs. I encourage ad�ption of this resolution '�"uesday evening. Council Pieeting - Januar_y 15 , 1980 Butler moved, Paurus seconded, to adopt Resolution RESOLUTION #1106 #1106, A Resolution Rec�arding Highwav Construction Highway Construction For Lake Minnetonka. 1�2otion, Ayes (4) - Na��s (0) . Lake r'�innetonka Butler moved, Paurus seconded, to apProve the EPRPLOYp1EN'?'* employment of Kurt R. Erickson for the nrono Kurt R. Erickson Police Departr.ment, with a startinc� salary of S1,552. 50 per rionth based u�on the t�ao-��ear level of the 1980 contract. r�otion, A��es (3) - raa��s (0 . Butler moved, Paurus seconded, to anprove the SnUAD CAR PURCHASE* purchase of two Ford LTD' s from Ridqedale Ford in the amount of 56 , 885. 47 per car for the Orono Police Department. rsotion, Ayes (3) - Na_ys (0) . Dick Benson, City Administrator, presented the CDB� yEARS 6 & 7* City Council with the following letter to P'Ir. Rehabilitation �rants Larry Blackstad, Office of Planning & Development, concerning Years 6 & 7, CDBG, dated December 19 , 1979 , which states: "Thank you for meeting �vith us on NoverLber 29 , 1979 , to discuss the proposed assisted housing project. Your input and the assistance of_ the Planner was helpful in evaluatinc� this project. The past year, the City of Orono has been very successful in encouraginc� rehabilitation grants for qualified homeowners and the demand aP�ears to be growing. � (Continued) Y f R�GULAR PZEFTING OF THE OROPdO COUPICIL, JANUARY 15, 1980 Paqe 58 The City has many dense areas consistinc� of_ CDBG YEARS 6 & 7* older homes that are owned by persons that clo not (Continued) have funds available to conform to the new Uniform Building Codes, and insulation requirerlents that are forced upon them because of the shortage of energy. It was also recoqnized in our Comnre- hensive Guide Plan, which was adopted in 1974, that housing and enerqy would be a ma�or concern in the ensuing years and rehabilitation of existing homes would be a direct benefit to our residents. I'or these reasons, the Cit� Council, at their December 11, 1979 Council meeting, acted to participate in housing rehabilitation c�rants as our participation in the Cou.mmunit_y Develonr*ient Block �rant Prograrmfor Years 6 & 7. " End of letter Council r7eeting - .7anuary 15, 1980 Butler moved, Paurus seconded, to approve the Community Block �rant Program for Years 6 & 7 , Rehabilitation �rants , per the above letter. P4otion, Ayes (3) - Nays (0) . Dick Benson, CitV Aclministrator, presented SUP'LMIT PARK PROPERTY the City Council with the followinc� letter to Bruce Dayton, dated December 21, 1979 , which states: "I received a call from your attorney, Psr. Tori Croshy, commenting that he would like to complete the required lec�al work to initiate the 90 ' donation of your property to the City of Orono for Sur.tmit Park. The City Council did not act favorablv to this offer previously because of the creation of a substandard lot; a lot not meeting the required size in this particular zone. Because of the uniqueness of this area and the geographic location of your lot, which is contiguous to the Summit Park proPerty, we will review youur offer again at our January 15, 1980 Council meeting. If you have anl� questions, please do not hesitate to call me at my of_fice, 473-7357. " End of letter (Continued) � REGULAR P4EETING OF TIiE OROr10 COUNCIL, JANUARY 15, 1980 Page •59 Council P4eetinc� - Januar�� 15 , 1980 SUP'iPZIT PARK PROPERTY 1 (Continued) Mr. Ron Bowen, rePresenting P�r. Bruce Davton, reviewed r4r. Davton' s wishes to protect the 90 ' strip of land contiguous to Surmmit Park. Butler moved, Paurus seconded, to assist r4r. Bowen in applying for an open space easement for Mr. Dayton to assure nondisturbance of this property �ahile keeping the property under the ownership and control of the private residence. P4otion, Ayes (4) - P1ays (0) . The following letter was received from Robert D. DISTRICT 284 CONLr7UNITY Snyder, Superintendent of School District 284 , EDUCATIOrd PROGRAM �aayzata, dated Decerlber 18, 1979 , which states: "7�t its meeting of December 10, 1979, the ��ayzata Board of Education gave final approval to a District 284 Community Education program. This means that in earl_y 1980 we will be hiring a cormmunity education director and orgainzinq the advisory council which by law is an intec�ral part of that program. We are asking you to appoint one renresentative to this advisory council of 21 persons. In doing so, we want you to consider that the Council has a most important role in directing the entire community education program. In addition to making recommendations for related tax levies to the �Jayzata Board of Education, the Council helps �shape the overall character of community education and services provided. Consequently, it should be broadly representative of the community as a whole. It is expected that the Council will meet f_our to six times per year. PZeetings will be in the evening, probahly at the District 284 School Administration Building. A first meeting can be expected by mid-February to early r4arch. If you have questions on this matter, �lease call Dr. Tom Brodie, As�istant Superintendent, at 473-4621. Otherwise, we would like to have �ou call in the name of your representatives to Tom b1� Februar_y l, 1980. " Council Pseeting - January 15, 1980 Paurus moved, rsassengale seconded, to request the City Administrator to research recommendations for a representative for District 284 Communit�� Education program. P4otion, Ayes (4) - Nays (0) . ^ REGULAR MF.ETING OF THE ORONO COUNCIL, JArIUARY 15 , 1980 Page 60 Dick Benson, City Administrator, inf_ormed the �•�ESTONKA COUNSELIN� FOR City Council that Orono is partici�ating in the OLDER ADULTS* counseling for older adults with the Suh�rban Cor*►munity Services. I met with Mr. PZarlin t4ollwage, its director, and suggested an agreement and resolution assuring fixed costs for the ca�endar year and ho�a these costs are determined to allow cities to review and determine if services are overlapping or duplicated with other agencies. I recommend approval of this budgeted program. Council Meeting - January 15 , 1980 Butler moved, Paurus seconded, to adont Resolution RESOLUTION #1107* #1107, A Resolution Authorizing The P�ayor And City T,aestonka Counseling Administrator To Enter Into An Ac�reement :�ith The Agreement �+Testonka Counseling For Older Adults For Services, and to approve the agreement. Motion, Aves (3) - Navs (0) . Dick Benson, City Administrator, informed the 1980 COUNCIL MEETINGS City Council that Council meetings are not being attended at times because of conflicts with work obligations during the week, which does conflict with our present second and f_ourth '?'uesdav evenings. Persons traveling, 47alter Massenqale and Norr_man Paurus, would prefer P4onday night rleetinqs rather than Tuesday evenings. Changing our Council rleeting to the second and fourth P4onday evenings would accommodate staff and r_Zembers of the Council that have other obligations during the week. If this meets everyone' s approval, our resolution and calendar reflects this change. Council P4eeting - January 15, 1980 Butler moved, Paurus seconded, to approve the second and fourth r�4onday evenings for regular Council meetings commencing February 11, 1980. P��otion, Ayes (4) - Nays (0) . Butler moved, Paurus seconded, to adopt Resolution RESOLUmION #1108 #1108, A Resolution Establishing The Rec�ular City 1980 COUNCIL D'LEETING Council P'Ieeting Schedule For 1980, comrmencing SCHEDULE February 11, 1980. P4otion, Ayes (4) - Nays (0) . - ' � FtFGUL7�R PIEETING OF ^_'HE ORONO COUNCIL, JAPIUARY 15, 1980 Page 61 Iiurr moved, Butler seconded, to appr�ve the PLANr1ING COr'Lr1ISSION first and third PZondays for the regular meetinqs *7EEmIN�S for the Planning Commission. P�otion, A_yes (4) - Nays (0) . Paurus moved, Hurr seconded, to reschedule the JANUARY 30 , 1980 second Council meeting in January to .Tanuary 30, Council Pleeting 1980 because of work conf_licts. P4otion, Ayes (4) - Nays (0) . Paurus moved, Butler seconded, to tahle the aqenda EVEN YEAR ELECTIONS item concerning changing the City elections to the even nurmber years until the Council meeting of January 30, 1980, r4otion, Ayes (4) - Navs (0) . Butler moved, Paurus seconded, to approve the WAYZA"_'A FIRE COPITRACT* 1980 �aayzata Fire Contract in the amount of $7, 083. PSotion, A1�es (3) - Nays (0) . Dick Benson, City Administrator, informed the MApSI CONTRACT* City Council that the standard Mapsi Contract for dog control has been modified to include two changes. Section 10 has been changed to ;nclude a dis- claimer and Section 15 has been changed to provide for a 10-da_y notice to cancel rather than 30 days. I recommend approval of this contract. Council Meeting - January 15, 1980 Butler moved, Paurus seconded, to approve the 1980 MAPSI CONTR.ACT* 1980 Psapsi Contract, subject to including a disclaimer in Section 10 and providing a 10- day cancellation notice in Section 15. rsotion, Ayes (3) - Nays (0) . Butler moved, Paurus seconded, to approve the SALARY ADJUSTMENT* 1980 salary increase for Assistant Police Winton Burmaster Chief Winton Burmaster to $1, 840 per month, effective January 1, 1980. r�otion, Ayes (3) - Nays (0) . Butler moved, Paurus seconded, to apProve the CHRISTr'!AS TREE DISPOSAL* designated locations for Christmas tree disposal for January 2-January 19 , 1980. Motion, Ayes (3) - Nays (0) . r � . ' , R,FGULAR PZEETING OF THE ORONO COUNCIL, JANUARy 15, 1980 Page 62 Butler movecl, Paurus seconded, to approve the EnUIPP4ENT & r2ATERIAL advertisement �or bids for 1980 ec�ui�ment and BIDS* materials for the Street Department with bid Februarv 8, 1980 o�ening to be held February 8, 1980 at 10: 00 A.P4. and Council approval on February 26 , 1980 . Psotion, Ayes (3) - NaVs (0) . Butler r�oved, Paurus seconded, to a�prove the MWCC CHARGES & CREDITS* 1980 P�Ietropolitan jaaste Control Commission Charqes and Credits per Tom Kuehn' s rmemo of_ January 8 , 1980. Piotion, Ayes (3) - Nays (0) . Dick Benson, City Administrator, �resented the L.n.�. I.S. REPORT* City Council with a memo from Tom Kuehn, Finance Director, concerning the conversion to L.O.G. T,S. System, dated January 8 , 1980 , which states: As Council will recall, durinc7 1979 , the City decided to particiPate in the L.O.�.I .S, record keeping systems. The reasons will be briefl_y reviewed here for the benefit of our newest Council person. The City has had the following accounting functions with the Maple Plain Company for some time: payroll, accounts payable checks, general ledger cash receipts and disbursements , water and sewer utility billing, and liquor store inventory. The system had been adequate, except for the payroll system, which was scheduled to be reprogramrled during 1979. Because of limitations in the expertise of the staff at the P�aple Plain Company, they declined to upgrade the system to meet the future needs of Orono. Changes in State law also had this effect of eliminating cash basis reporting for Orono, which we had been doing. However, the audit report for 1978 was in basic compliance with the new State rec�uirer.ments. In joining L.O.�.I .S. (Local �overnment Information Systems Association) , a joint powers agreement was signed. L.O.G.I.S. is designed snecifically for, and provides services to, governr_mental units only. L.O.G.I .S. is a service bureau and we have a direct telephone hookup through a terminal in our office with the computer located in nrooklvn Center. At this time, we have completed conversion of the utility billing system (1, 325 sewer accounts and 550 water accounts) . �Ve have also completed con- version of the pavroll system. Both s�sterls are �aorking ver�� well. By June, we hope to have the financial system (general ledger, revenue and (Continued) t REC'�ULAR MEETING OF THE ORONO COUNCIL, J1�NiJA32� .15, 1930 Page 63 expenditure ledgers , and budgetary system) and L.O.�. I.S . REPORT* the sePtic insPection billing of ahoiit 1,000 (Continued) accounts converted and functioning. ��uncil PZeeting - �Tanuary 15, 1980 Butler moved, Paurus seconded, to approve the status report regarding conversion to L.O.�.I.S. per the above memo. r�iotion, Ayes (3) - Pdays (0) . Dick Benson, City Administrator, presented the REFUND* Citv Council with a mer,io from Tom Kuehn, Finance 73-1 Assessment Director, dated January 8, 1980 , �vhich states: Keith [^7ard, Jr. When the original list of appellants elic�ible for refunds under the documents filed with the District Court was compiled, Mr. Keith �9ard, Jr. was listed as having his assessment respread. In fact, Mr, j�ard prepaid his assessment and was due a refund by� Decertber 1, 1979 along with the other appellants who had prepaid their assessrnents. Upon verification of the amount of refund, a check was issued in the same manner as the original refunds. The total refunds amounted to $48,209. 04 prior to r4r. Saard' s being issued. The total refunds now are $49,601. 76. Council Meeting - January 15, 1980 Butler moved, Paurus seconded, to approve the refund to Mr. Keith Ward, Jr. for his 73-1 assessment. PZotion, Ayes (3) - Nays (0) . Dick Benson, City Administrator, �resented the CHECK SI�NERS* City Council with a rier.mo from Tor1 Kuehn, Finance Payroll Account Director, dated January 9 , 1980 , which states: In December, 1979 , the City onened a payroll checking account with the First Plational Bank of Navarre. Attached is a letter to Mr. Llo��d Sir,uns, Vice President of the bank, which stipulates the authorized signers of all the checking accounts of the City of Orono. In the past, the City has designated the Mayor, Administrator, and Treasurer as primarv signers, with the Deputy Treasurer as a substitute in the absence of the Treasurer. Because we designate an Acting P'Iayor in the absence of the Mayor, I feel this should be reflected in the resolution regarding the hand signature rec�uirement for checks over $5,000. (Continued) R��'.C�ULAR P'iEETIr1G OF THE ORONO COUPICTL, JAI�TUARY 15 , 1980 Page 64 � I also feel that the deposits to the new �a��roll CHECK SI�NERS* checking account fror.► the other checking accounts (Continued) should be by check and not by transfer, as has been done. In this way, a clear trail is shown for audit purposes and the possibility of error is minimized. The attached resolution amends the resolution establishing check signing requirements. Council P4eeting - January 15, 1980 Butler moved, Paurus seconded, to adopt Resolution RESOLU`_T'TON #1109* #1109 , A Resolution Amending Resolution Pdo. 1085 CHECK SIGNERS Authorizing The City Depositories To Accent P4acfiine-signed Signatures On City Checks, Drafts, And Other Orders, rZotion, Ayes (3) - Nays (0) . Dick Benson, City Administrator, presented the PURCHASE* City Council with a r•.temo from �Tohn Gerhardson, 27500 Dump Truck Public �aorks Coordinator, dated Januarv 8 , 1980 Iten Chevrolet which states: Truck Utilities The City of Orono participated through Henne�in County Purchasing for receiving bids f_or one 27500 �VLa Dump truck for 1980. The bids have been opened and tabulated and it has been determined that Iten Chevrolet was the low bidder for the cab-chassis at 512 ,?.99. 22. Truck Utilities submitted the low hid for the dump body and h_ydraulics at 54,586. 00. Therefore, it is my recommendation to pur_chase the 27500 GVW cab and chassis from Tten Chevrolet for an amount not to exceed $12 ,299.22 and to purchase the dump body from Truck Utilities for an amount not to exceed $4,586. 00. The reason for two vendors is that the City of Orono is the only municipality participating with Hennepin County that will use that size dump body, (nine feet in length instead of ten feet) . This was budgeted for in the 1980 budget. Council Meetinc� - January 15, 198Q Butler moved, Paurus seconded, to approve the purchase of the 7_7500 �VW cab and chassis from Iten Chevrolet in the amount of $1?. ,299 . 22 and to purchase the dum� body from Truck Utilities for an amount not to exceed $4,586. 00. r4otion, Ayes (3) - Nays (0) . ,� * R�GULAR P2EETING OF THE OROPJO COUNCIL, JANUARY 15 , 1980 Page 65 � Dick Benson, City Administrator, presented the INSUR.APdCE PROGRAM* City Council with a memo concerning the League of P4innesota Cities Insurance Prograri dated January 11, 1980 , which states: Mr. ��]illiam Peet has been retained b_y the Cit�� of Orono for previous insurance reviews. [�Te have met several times on this matter with members of the League and r'Ir. Peet and there is no question with escalading insurance rates today that we will benefit by this change. At this tir,le, we will request coverage for workman' s compensation. We will receive quotes for future liability needs at a later date. Council Meeting - Januarv 15,1980 Butler moved, Paurus seconded, to approve the League of Minnesota Cities Insurance Proqram per their memo of January 11, 1980. P4otion, Al�es (3) - Nays (0) . Butler moved, Hurr seconded, to an�rove the OROrdO-MEDINA SEWER Orono-r4edina Sanitary Sewer Construction and AGREE1�ENm Service Agreement as r►odified by P4r. Schieffer, P4edina City Attorney, and D4r. Malkerson, Orono Cit1 Attorney. PZotion, Ayes (4) - Nays (0) . Paurus moved, Butler seconded, to table until PROPOSED WINE ORDINANCE the next Council meeting the iterl on the agenda concerning a proposed wine ordinance. P'Iotion, Ayes (4) - Nays (0) . Butler moved, Paurus seconded, to approve the LICENSES* following licenses: Piotion, Ayes (3) - Nays (0) . Backdahl & Olson Plumbing Compan� - Pluriber Penn Plumbing - PlumY�er Zachman Plumbing - Pluriber East Tonka Sanitation - Garbage Collector � � R1��ULAR P7EETING OF TIIL OROr�O COUNCIL, ,7I1rIU71I�� 15 , 1980 Page f 6 , Butler moved, Paurus seconded, that the All BILLS* Funds Accounts 1224-�0�01 through 1224-00045 , 4750 through 4815 , 11410 throuc�h 11418 , .1211- 00001 through 1211-00059 , 11420 , 11424 , 11426 , 11433, 4822 throuc�h 4859 , 4861 throuc�h 4�85 , 4361 through 4885 , 11419 , 114?.5 , 114?.7, 114?.8 , 11429 , 11430, 11431, 11432 , 0108-���01 throuc7h 0108-00045, and Lic�uor Store Accounts 13��4 throuc�h 13445 , be �aid. Plotion, Ayes (3) - Nays (0) . Butler moved, Hurr seconded, that the meetinc� ADJOURNr'IENT be adjourned at 10 : �0 P.P�I. P4otion, Ayes (4) - rlays (0) . � ; f>- ���, � �� �.��� ��� -�� -��� ���,���-� ���--� . �nla er B� T�as eng e, Ac�ing Mayor ; Attest: � /.= � �9alter R, nson, Ci y Administrator