HomeMy WebLinkAbout03-10-1980 Council Minutes CITY OF ORUNO
1 •
'Kegular P�ieeting of the Orono Council , 7 : 00 P.M.
March 10 , 1980
The Orono Council met on the above date with
the following members present: r4ayor Van rlest,
Councilmembers Butler, Hurr , and Massengale.
Councilmember Paurus absent. Also present:
City Administrator Benson , Zoning 1�dministrator
Mabusth, Engineer Steve Quincey ,substituting for
City Engineer Cook , wh� �rrived at 9 : 30 P .M. ,
City Attorney P�alkerson , an�'. Planning Commission
member Jabbour.
Butler moved, Hurr seconded, to approve the CONSENT AGENDA*
Consent Agenda* , subject to including item #24 ,
with all staff data and supportive information to
be included in the Minutes in the sequence they
occur. Alotion, Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to approve the MINUTES*
Minutes of the Regular Meeting of February 25 ,
1980. Motion, Ayes (4) - Nays (0) .
Tracy Whitehead introduced Julie Carlson, 170 APPOINTMENT*
Smith Avenue , to the City Council, Julie Carlson
GaHHSPB
� Butler moved, Hurr seconded, to appoint Julie
Carlson, 170 Smith Avenue , to represent Orono
on the West Hennepin F3uman Services Planning
Board to replace Tracy Whitehead, who recently
resigned from the Board. Motion, Ayes (4) -
Nays (0) .
Mayor Van Nest presented Tracy Whitehead with TRACY �aHITEHEAD
a five-year service pin thanking her for her Five-Years Service
dedicated service , serving the Village of_ Orono
as Orono' s representative on the West Hennepin
Human Services Planning Board.
No comments fror.i the Parl� Commission. PARI< COMMISSION
No comments from the Lake Minnetonka Conservati_on LMCD REPORT
District representative.
No comments from the Planning Commission. PLANNING COMP�ISSION
No comments from the public present. PUBLIC CO?�IMENTS
RLGULAIZ MEL'1'IfJv UF 'I'H� OI20?�O COUNCIL, r1ARCH 10 , 1980 Page 2
Jean Mabusth, Loning Administrator, presented the COMPREHENSIVE PLAN
City Council with the Comprehensive Community
Management Plan for the City of Orono dated
March 10 , 1980 for their review.
PQayor Van Nest announced that a joint Council and JOINT MEETING
Planning Commission meeting will be held April 8, April 8 , 1980
1980 at 7 : 00 P.M, in the Council Chambers regarding Comprehensive Plan
the Comprehensive Community hlanangement Plan.
Jean i�la�usth, Zoning Administrator, entered into VARIANCE
the record the request for a variance of Tailliam 2160 Wayzata Boulevard
Wear, 2160 Wayzata Boulevard, dated March 6 , 1980 , #497
which states: William Wear
Mr. Wear first presented his application for a sign
variance at a Planning Commission meeting on July 23,
1979 . The original application asked for a height,
side yard setback and signage area variance for a
proposed highway sign. Mr. Wear was advised that
before the Planning Commission could reach any
decision, a total signage plan must be provided
for the entire operation. Planning Commission
acknowledges the limitations of the existing signage
ordinance in dealing with the demands of a shopping
center. At our March 3 , 1980 meetinc�, Mr, Wear
presented the following signage package and received
approval from the Planning Commission.
Building signs (Exhibit 12? - Lettering shall be
limited to 24" . Each business would be allowed
12 ' X 2 ' of signage . All signage on the building
limited to the top 3 ' of the building - no sign
allowed to extend above the top of the building.
Al1 lighting for building signs shall be external -
no lighted or flashing letters.
Street signs (Exhibit 11) - Height of sign will be
30 ' (requiring 8 ' variance) . Name sign for center
will be 5 ' X 9 ' . Identification plaques are to be
a uniform 2 ' X 9 ' - a limit of four ID plaques.
The street signage is not to exceed 96 sq, ft. in
area. No individual sign may exceed 50 sq, ft.
Variances required for application:
l. 38. 034 - Side yard setback variance af 5 ' - hardship
is location of west access drive.
� 2 . 38. 031 - Signage area - variance from maximum allowed
signage area of 200 sq. ft. ; hardship - demands of
shopping center not covered by existing ordinances.
(Continued)
RI,GULAR Mf;E'I'Ir1G OF THE ORONO COUNCIL, P!IARCH 10 , 1980 Page 3
Council Meeting - March 10 , 1980 VARIANCE
2160 Wayzata Boulevard
Butler moved, Hurr seconded, to approve the variance (Continued)
request of William Wear, 2160 Wayzata Boulevard,
subject to implementing and completinc� a landscape
plan. Motion , Ayes (4) - Nays {0) .
Jean D4abusth, Zoning Administrator, entered into CONDITIONAL USE PERMIT
the record the request of David J. Butler, 4685 4685 North Shore Drive
North Shore Drive , for a conditional use permit, #537
dated March 7 , 1980 , which states : David Butler
Mr. Butler has taken a one-time cabin and expanded
it into a very large year-round house. In 1976 ,
he received a variance (#194) to add an 18 ' X 30 '
addition onto the existing 540 sq. ft. house. In
1978 , he received a second variance (#382) for a
second addition of 1,620 sq. ft. , plus a three-car
garage. He now finds that he cannot use the drive-
way year-round because of its slope so is requesting
permission to construct an additional 10 ' wide
driveway down the hill to Rest Point Lane.
The original cabin had all parking located on
the top of the hill perpenducul_ar to County Road
19 in an attempt to reduce the grade (we have no
County permit for this drive either) .
We do not have engineering drawings , but the alley
location has been surveyed and staked. It is
apparent that grading and filling would be required
to cons.truct the driveway and the erosion and
drainage control details would be important. The
embankment around his house would require a significant
excavation and/or retaining wall.
It is equally obvious that the existing driveways
are too steep to be usable and that they exit onto
County Road 19 in a hazardous manner. There is no
landing on top of the driveways and the slope,
coupled with cars parked in the parking stalls ,
reduces sight distance to nil. The Rest Point access
would be safer with bettersight distance and less
traffic. The slope is still steep, however.
The proposal has been reviewed by Chief Kilbo, John
Gerhardson, Alan Olson, Jean Mabusth, Tom Jacobs ,
and the Planning Commission. We all feel that the
� Rest Point driveway is reasonable, prQviding it is
constructed according to approved plans. The only
issue is the existing entries onto County Road 19.
(Continued)
12EGUI.,AR MEETING OF TfiE ORONO COUNCIL, �'IARCH 10 , 19 80 Page 4
Mr. Butler states that he wants to use the western CONDITIONAL USE PERMIT
driveway for ingress and the new driveway for egress. 4685 North Shore Drive
He originally wanted to keep the eastern dr_iveway (Continued)
also. F�e claims that his guests or his neighbors
need the parking on County Road 19 although there is
turnaround (parking) space near his garage.
The staff recommendation to the Planning Commission
was to allow construction of the new driveway for
all access to the property subject to elimination
of all access and parking along County Road 19. The
Planning Commission recommended keeping the western
driveway for ingress only, although, it should be
pointed out that this would be impossible to police.
This Planning Commission recommendation was reviewed
by Mel Kilbo and Alan Olson. We would agree with
the Planning Commission to retain the western drive-
way but only if the parking and eastern driveway
were eliminated. The parking is particularly
hazardous because it requires a backing move onto
the highway where sight distance is reduced and,
most importantly, the parked cars complet.ely block
view from the western driveway to the east. Again,
if this driveway is in place, it must be assumed
that cars will come out even if the other drive is
in place.
Thus, our recommendation is the same as the Planning
Commission' s plus removal and seeding of the County
Road 19 parking area:
1. Planning Commission and staff recommend approval
to allow Mr. Butler to construct a private drive-
way in the City alley ROW subject to submission
and approval of construction plans for driveway
containing the following: proposed elevations,
profiles , drainage plans and erosion control steps
during and after construction. We recommend
the driveway be paved to eliminate washing down
of gravel into neighbor' s property to the south.
2 . Applicant is to relocate or reconstruct the
garbage can shelter of the property owner to the
south which is encroaching on the alley.
3. Applicant to furnish additional parking area on
lot or use Rest Point Lane. None to be located
along County Road 19.
4. Applicant must locate gas, telephone or electrical
utilities which might be in the 20 ' right of way
and to assume full responsibility for protection
and/or relocation of same.
(Continued)
R1�GULAR P�EETING OF THE ORONO COUNCIL, MARCI� 10 , 1980 Page 5
•Council P-'Ieeting - March 10 , 1980 CONDITIONAL USE PERMI'I'
4685 North Shore Drive
Barbara and David Butler were present to discuss (Continued)
their application.
Mayor Van Nest: The City cannot encourage vt�hicJ_�s
to back into a public street. The City would like
to review parkinc� and ingress and egress data. It
appears that constructing a private driveway in a
public alley right of way has to be evaluated.
Bruce Malkerson: A standard lease and hold. harmless
agreement might be ap�ropriate in this situation.
Hurr moved, Massengale seconded, to table the conditional
use permit request of David Butler, 4685 North Shore
Drive , until the March 24 , 1980 Council meeting for
staff review. Motion, Ayes (4) - Nays (0) .
Jean Mabusth, Zoning Administrator, entered into VARIANCE
the record the followinc� request of Steven B. 1998 Shadywood Road
Tibbetts, 1998 Shadywood Road, for a variance #540
dated March 6 , 1980 , which states : Steven B. Tibbetts
Zoning District LR-1C
Variances requested:
l. Lot Area
Required: 21, 780 sq. ft.
Existing: 7, 276 sq, ft.
Variance : 14 , 504 sq. ft. = 670
2 . Lot width
Required: 10� . 0 ft.
Existing: 50. 0 ft.
Variance : 50 . 0 ft.
3. Side Setback
Required: 10. 0 ft.
Existinq: 8. 8 ft.
Proposed: 7. 8 ft.
Variance : 2 . 2 ft. = 200
4. Hardcover
• Allowed: �67 sq, ft. or 25a
Existing: 1, 520 sq, ft. or 190 increase from allowed
Proposed: 2 ,072 sq, ft, or 16o increase from existing
(Continued)
RF:GULAR MEETING OF THE ORONO COUNCIL, M11RCH 10 , 1980 Page 6
�Mr. �1'ibbett' s application involves an area, lot VARIANCE
width (cost of construction exceeds 50% FMV) and 1998 Shadywood Road
hardcover variances. The remodeling will be done (Continued)
in two phases : the final phase will involve the
removal of a 2 . 5 ' X 21 ' section encroaching into
the 75 ' lakeshore setback area. The remodeling
is consistent with the pattern of neighborhood
development. The majority of homes are located
in depth creatinq excessive hardcover conditions.
The applicant must replace the existing foundation.
The new foundation will raise the proposed structure
two feet above grade. Staff concurs with the
majority opinion of the Planning Commission in
recommending approval. Please review the background
discussion and recommendation in the minutes of
March 3 , 1980 .
Staff comments on minority opinion - Please note
there is a 16� increase of hardcover with final
proposed construction. We again repeat this
remodeling is consistent with pattern of neighbor-
hood development. Mr. Tibbetts is the last homeowner
of a ten-home neighborhood to upgrade his home.
Council Meeting - March 10 , 1980
Mr. Tibbetts was present tca discuss his ap�lication.
Councilmember Masse�gale asked if the addition
would remain within the existing building line.
Mr. Tibbetts commented that it would. The variance
requested is for the south side yard setback.
Mayor Van Nest: I would like to request the City
Engineer to review the existing alley and the
drainage pattern in this area.
Massengale moved, Butler seconded, to request
staff to draft a resolution for the next Council
meeting documenting all findings of facts pertinent
to this application. Motion, Ayes (4) - Nays (0) .
Jean Mabusth, Zoning Administrator, entered into CDBG YEAR VI APPLICATIC
the record the following concerning the CDBG Year
VI application, dated March 4 , 1980 , which states :
On November 27 , 1979 , Orono held a public hearinc�
on the Year VI (August 1980-1981) CDBG application.
Thereafter, an initial application was submitted
for review by the local Citizen' s Advisory Committee
calling for 100� of the funds to be allocated for
housing rehabilitation. On January 21, 1980 , we
were notified that our total allocation for Year VI
would be $62 , 664 .
(Continued)
REGULAR MEETING OF' TIIE ORONO COUNCIL, MARCH 10 , 1980 Page 7
� This proposal was reviewed by the committee on CDBG APPLICATION*
February 12 , 1980 and approved as submitted. In (Continued)
order to complete the application, the Council
must now adopt a resolution making formal application
for the funds.
I recommend adoption of the attached resolution.
Council Meeting - March 10 , 1980
Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1122*
#1122 , A Fesolution Requesting Approval Of Year CDBG Funding - Year VI
vz cDBc Funding. r�otion, A��es (4) - Nays (o) .
Mr. Vern Genzlinger, Chief Engineer for the Design ARCOLA BRIDGE
Division of Hennepin County, and Mr. Bearg, represent-
ing Minnetonka Beach Council, were present to
discuss Hennepin County ' s plans to reconstruct the
Arcola Bridge. Mr. Genzlinger presented final
plans showing the intended improvements. The Hennepin
County Public Works Department plans to let bids
on April 23 , 1980 and there are 60 planned working
days to complete the project. The driving surface
shall be 48' , overall width 57 ' 4" , nlus 2 ' and 3 '
sidewalks compared to the following figures supplied
by John Gerhardson, Public Works Coordinator:
Length 552 ' 6"
Width (Driving Surface) 48 '
Sidewalk - west bound 3'
Sidewalk - east bound 4 '
The railing base uses approximately one f_oot of
the sidewalk.
Mr. Genzlinger continuec� by stating that federal
funding is not available and will not be used
for this project. County State Aid funds are
available which means, the Hennepin County #110
project will be eliminated. The total project
cost will be approximately $1, 000 , 000 .
Mayor Van Nest: It is irresponsible to consider
rebuilding a four-lane bridge on a two-lane road.
Priorities are not being utilized. It is the
objective of the City of Orono and Minnetonka
Beach not to encourage or approve of a four-lane
structure that would further encourage Hennepin
, County to widen Hennepin County #15. We were assured
that the County #110 project north of Mound would
be continued for study and funding. Adequate two-
lane, not four-lane structures are the wishes of
our citizens when planning local traffic needs in
the Minnetonka area. (Continued)
� 1<EGULAR ME�;TING OF THE ORONO COUNCIL, MARCH 10 , 1980 Page 8
Mr. 'Berg commented that it is his opinion that the ARCOLA BRIDGE
�Arcola Bridge construction project has not received (Continued)
an indepth review and should }�e reconsidered.
Deterioration of the bridge and the resulting saf_ety
factors have not been documented.
Butler moved, Hurr seconded, to table the 1lrcola
Bridge proposed construction project until the
Council meeting of P7arch 24 , 1980 . Motion,
Ayes (4) - Nays (0) .
Mr. Glenn Cook, City Engineer, reviewed with the MINNETONKA BLUFFS, ORON
City Council the Sumriary Sheet relative to the LANE, COUNTY #15 , WEST
Minnetonka Bluffs, Orono Lane, West Ferndale FERNDALE SEWER PROJECT
Road, and Hennepin County #15 public hearing on
Thursday, March 20 , 1980 at 7 : 00 P .M.
Sumriary Sheet - Page 9
Mayor Van Nest requested Mr. Cook to review the
project cost and estimated assessment rate as
determined on a unit basis to rationalize its
meaning. This, and distribution of maintenance
costs , has to be determined before our public
hearing.
Glenn Cook, City Engineer, reviewed the letter #15 & #19 INTERSECTION
from Hennepin County regarding the intersection
at Hennepin County Roads #15 & #19 , which states:
"I have enclosed with this letter two copies of
a new concept for the intersection of CSA�� 15 and
CSAH 19. This is shown as concept layout #2
and dated January 15 and 16 , 1980. I have also
included for your information a copy of the old
1969 full channelized intersection concept that
was not agreed upon by the City at that time.
Concept layout #2 proposes a 52 ft. roadway on
both CSAH 19 and CASH 15 thru the intersection
plus a right turn lane for eastbound CSAH 15 to
go southbound. This is the minimum design recom-
mended by our department.
We recently received the City Council resolution
#1106 in which the Hennepin County Board of
Commissioners is requested to improve County Road
15 from Mound to Navarre into a two lane undivided
street with turn lanes at the appropriate inter-
sections. I assume this resolution will be
addressed at the upcoming Minnetrista, Mound,
Spring Park and Orono meetings regarding construction
on CSAH 15. I feel we should withhold answerinq this
resolution until these meetings are completed. If
I can be of further assistance to you please call. "
(Continued, Page 1��
. Page 9
Minnetonka Bluffs, Ferndale Road, Orono Lane, County Road 15 Proposed Sanitary
Sewer Improvements
� SUMMARY SHEET
The feasibility report reviewed two basic alternates for providing sanitary
sewer service to the area. Alternatel is a gravity system with a aingle lift
station discharging into the Me[ropolitan Sanitary Sewer In[erceptor.
Alternate II consists of a gravi[y system in the Minnetonka Bluffs and Orono
Lane area with Ferndale Road and County Road 15 being served with small grinder
pump stations .
The estimated project cost along with the estimated assessment rate as determined
on a unit basis is as follows:
Alternate I Alternate II
Est 'd. Cost Cost/Unit* Est ,d. Cost Cost/Unit*
Minnetonka Bluffs $159,600 $11 ,590 $159,600 $ 9,300
Orono Lane 54,400 8,870 69, 100 7,920
Ferndale Road 421,820 28,730 173,200 11,830
County Rd . 15 81,900 15,620 64,600 10,870
Trunk Sewer 219,560 * 91,700 �
*Cost/unit includes tr�nk cost.
Alternate II results in a lower cost/unit but Maintenance costs are approximate-
ly $7,000 higher per year than for Alternat , I. Distribution of increased main-
tenance costs have ;not been determined at : his time.
f2�:GULAR MEE'1'ING OF THF URONO COUNCIL, MARCH 10 , 1980 Page 10
• Mr. Cook was instructed to notify Hennepin County #15 & #19 INTERSECT1dN
that the City of Orono is in receipt of the plans. (Continued)
Agenda item concerning Hennepin County #15 turn TURN LANES #15 - Orono
lanes between Orono Or.chard P.oad and 6Joodhill Orchard Road & Woodhill
Road will be reviewed at the March 24 , 1980
Council meeting.
Glenn Cook, City Engineer, commented that Hennepin RESURFACING #15
County does not have plans to resurface Hennepin
County #15 from Hennepin County #51 to the Arcola
bridge.
Agenda item concerning the legal definition of MUSA LINE
the MUSA line will be reviewed at the March 24 ,
1980 Council meeting.
Agenda item concerning the utility rate study UTILITY RATE STUDY
will be reviewed at the March 24 , 1980 Council
meeting.
Glenn Cook, City Engineer, presented the City TR.AFFIC SIGNALS
Council with his letter concerning traffic #12 & Old Crystal Bay F
signals at #12 & Old Crystal Bay Road, dated
March 6 , 1980, which states :
"The public hearing held on February 28, 1980
relative to the T.H. 12 and Old Crystal Bay Road
traffic signals did not precipitate any new issues.
The Design Study Report will now be submitted to
the FWHA with anticipated approval by mid-April.
The City cannot proceed with the right-of-way
acquisition until after FWHA approval of the
Design Study Report.
The appraiser has estimated the right-of-way
acquisition costs at $7 , 400 which the City has
proposed to split with the school. The estimated
construction cost of the project is $250 , 000 with
the City share undetermined at this time. The
City will pay for 5 percent of all construction on
T. H. 12 plus 100 percent of all construction on
Old Crystal Bay Road. "
R�:GULI�R MEE`I'ING OF TIi� ORONO COUNCIL, MARCII 10 , 1980 Page 11
, Dick Benson, City Administrator, informed the City ORONO-MEDINA SEWER
Council that the construction and service agreement
was originally approved by Council motion. It has
now been retyped, included in the total engineering
report and requires Orono adoption by resolution.
The agreement is an acceptable one and is recognized
by Medina as a reasonable agreement.
I received word today that the E.P .A. has approved
the total grant application including the separate
application for the total cost of the by-pass and
we will be officially notified within two weeks.
Mayor Van Nest moved, Massengale seconded, to ORONO-MEDINA SE�aER
approve the City of Orono-City of Medina Sanitary AGREEMENT
Sewer Construction and Service Agreement. Motion,
Ayes (4) - Nays (0) .
Mayor Van Nest moved, Massengale seconded, to P.ESOLUTION #1123
adopt Resolution #1123, A Resolution Approving Orono-Medina Sewer
The City Of Orono And City Of Medina Sanitary Construction & Service
Sewer Construction And Service Agreement. Agreement
Motion, Ayes (4) - Nays (0) .
Glenn Cook, City Engineer, reviewed with the NORTH SHORE DRIVE SEWEI
City Council his preliminary report on the North
Shore Drive sanitary sewer improvements.
Preliminary Report - Pages 12 - 14
Mayor Van Nest requested Mr. Cook to review
alternates to construct sewer in the street and
to connect directly into the existing forcemain
interceptor.
Mayor Van Nest moved, Butler seconded, to approve PUBLIC INFORMATION
a public information meeting be held Wednesday, MEETING - North Shore
March 26 , 1980 at 7 : 30 P.M. concerning the Drive Sewers
North Shore Drive sanitary sewer improvements.
Motion, Ayes (4) - Nays (0) .
Paye 12
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Q�y�`� � K��rh A. Gardoe.l.b'
__ ___.—_--_ Ol�o G. Bonuuoo, P.E. Thomat£.Noycs,l.£.
� n_ -��-�,J—.�—(�� ----_- p� Robo! W. Rottnt,P.E. Rlchard W. Fosur,P.E.
�.ana.sus v ----J
___ ___._ __ ____ _ — Jo�tph C. Andultk,P.£. Robnr G.Schusk�l,P.£.
�935 ?f/. `I+.....��4l.yi...��36 d�adlosd A.L�mDerj,P.£. Morvin L.Sorvdt/.E.
Rober�D. Frlgmrd.P.E. Donald C. BurarJ�,P.F.
�. P� MM�..a�ls SSII.4 Rlchard E. Turner, P.£. Jerry A.Dourdaw
Jumet C.Olson, r.E. Mark A.Nansow
/�,L�... 6/2-636-4600 si°''°"M. Q"'""�
' Kcvin K. Wolk�.l.E.
Cha�lu A. Erlcknrw
Lco M. Pawr/sA7
Hw/an M. Otrw
Preliminary Heport on Davld E. Otson
North Shore Drive
Sanitary Sewer Improvements
Orono, Minnesota 55323
SCOPE: This pro�ect provides for the construction of sanitary sewer to
serve twelve lots along North Shore Drive, east of Old Crystal Bay Road.
The lots are below the elevation of the existing sanitary sewer and a
pressure system is necessary to pump the waste water.
FEASIBILITY AND RECOMMENDATIONS: This pr�oject is feasible as outlined
herein and is inM accordance with the comprehensive sanitary sewer plan
for the City of Orono.
DISCUSSION: The location of the proposed sanitary sewer is shown on the
plan at the back of this report. The location selected was based on a
route which would least disrupt the trees in the area and minimi2e the
cost of individual connection to the sanitary sewer. The proposed loca-
tion will require easements from adjacent property owners. The residents
of the area and the City Council met to review the problem and determined
that a feasibility report for the area would be desirable. There are
presently about fifty percent of the residents along the proposed sani-
tary sewei� line which have i.ndicated a positive interest in the project.
141 A Page 1 .
i
Page 13
The soil borings in the area indicate organic deposits up to sixteen
feet and it will be necessary to utilize lightweight aggregate for pipe
support. �
COST ESTIMATE: The estimated project cost is $153,800 with a detailed
cost estimate provided at the back of this report in Appendix "A". There
are twelve lots benefiting from the improvement resulting in a cost of
$12,800/unit. It is anticipated that the project cost would be reduced
by two percent if combined with the Minnetonka Bluffs pro�ect for con-
struction purposes.
AREA TO BE ASSESSED: The property to be assessed is located in the
Southeast � of Section 9 T117 Range 23 W Hennepin County, Minnesota.
CONCLUSIONS: It is recommended that the pro�ect be combined with the
Minnetonka Bluffs project for construction purposes and that the benefit-
ing property owners be assessed for the improvement.
It is recommended that a fiscal and legal review be made prior to the
public hearing.
I hereby certify that this Report was prepared
by me or under my direct supervision and that I
am a duly Registered Professional Engineer
under the laws of the State of Minnesota.
��� ������
Glenn R. Cook by s/J14:
Date: March 10, 1980 Reg. No. 9u51
141A
Page 2.
Paqe 14
APPENDIX A
COST ESTIMATE
, 700 Lin.ft. 8" PVC, 0'-8' deep @ $15.00/lin.ft. $ 10,500.00
970 Lin.ft. 8" PVC, 8'-10' deep @ $20.00/lin.ft. 19,400.00
100 Lin.ft. 8" PVC, 10'-12' deep @ $22.00/lin.ft. 2,200.00
200 Lin.ft. 8" PVC, 12'-14' deep @ $26.00/lin.ft. 5,200.00
9 Each Sanitary sewer manholes @ $1 , 100.00/each 9,900.00
12 Each Sanitary sewer services @ $250.00/each 3,000.00
250 Cu.yds. Lightweight aggregate @ $20.00/cu.yd. 5,000.00
100 Ton Rock stabilization @ $10.00/ton 1 ,000.00
LUMP SUM Driveway restoration @ $9,200.00/L.S. 9,200.00
LUMP SUM Yard restoration @ $14 ,000.00/L.S. 14,000.00
10 Each Transplant trees @ $u00.00/each 4,000.00
15 Each Remove trees @ $100.00/each 1 ,500.00
LUMP SUM Lift station @ $20,000.00/L.S. 20,000.00
680 Lin.ft. 4" PVC force main @ $12.00/lin.ft. 8, 160.00
60 Lin.ft. Jack 4" PVC force main @ $150.00/lin.ft. 9,000.00
Contingencies 6, 100.00
20� Legal, Eng. , & Admin. 25,640.00
TOTAL PROJECT COST $153,800.00
.�
RF'GULAR MEETING OF THE ORONO COUrdCIL, P�1RCH 10 , 1980 Page 15
Dick Benson, City Aciministrator, presented the CRYSTAL BAY POST OFFICE
City Council with the following letter to the
United States Post Office , Gene H. Kreienbrink,
Postmaster, dated March 5 , 1980 , which states :
"Thank you for responding to our inquiry regarding
establishing postal deliveries for the City of
Orono out of the Long Lake post office.
LVe have had the op�ortunity to discuss this briefly
with the mayors of Long Lake and Minnetonka Beach
and there is an interest to pursue this concept
in more detai.l.
P�r. Burt Peterson suggested a meeting with the
delivery service supervisors might be helpful
allowing us to evaluate the entire concept.
Options are few and it appears that in discussions
with the present postmaster r4abel Belt and her
desires to retire July of this year, the expiration
of the present lease December l, 1980 and the
postal department' s desires not to construct or
purchase a building, it would be timel_y to pursue
consolidation of postal delivery services, at this
time, for the entire Orono area. P]e would accomplish
what has been desired for many years and that is
a simplification of the postal service for the
La}ce Minnetonka area.
We will be availabl�e to meet with you and your
staff at your convenience to discuss this further.
Again, thank you for your assistance. If there
is other information I can provide for you, please
feel free to contact r.me at my office, 473-7357. "
Walter R. Benson
Mayor Van Nest moved, Butler seconded, to approve
the above letter to the United States Post Office ,
Gene H. Kreienbrink, Postmaster, dated March 5,
1980 , concerning the Crystal Bay Post Office.
Motion, Ayes (4) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to reaffirm RESOLUTION #737 -
Resolution #737 , A Resolution Regarding The Proposed Reaffirm
Future Construction Of The Joint Independent School Vo-Tech #287
District No. 287 Area Vocational-Technical School
Located On The South Boundary Of The City Of Medina,
' adopted December 13, 1976. Motion, Ayes (4) - Nays (0) .
Butler moved, Massengale seconded, to approve the VO-TECH #287 LETTER
following letter to Dr. Richard E. Emery, Superin-
te.i�dent, Suburban-Hennepin County Area Vocational
Technical Center, #287 dated March 11, 1980 :
Letter - Pages 16 & 17 (Continued)
7�elephunt� 4i;i-i3:�7
Page 16
� � ,�"i�� , �� CITY of n1lONU
�
,
�.��� ' " � Yust UCfice tiux 66•CrysLel Bay, Minnesota 553'l'3•Municipol Offices
��, # i
:• � . , (�n the l�orth Shore of Lake Minnetonka
,�.�^�.�v.��,.�� .
..._.__�
March 11, 1980
Dr. Richard E. Emery, Superintendent
Suburban-Hennepin County Area Vocational
Technical Center
JISD #287
1820 North Xenium Lane
Minneapolis, Minnesota 55441
Subject: West Campus
Dear Dr. Emery:
It has come to our attention that on January 24, 1980 the District
#287 Executive Board adopted a six-year building plan to be
submitted to the Minnesota State Board of Education for financial
participation in the maintenance and construction of vocational
educational facilities.
We understand that as part of that six-year plan, some $48 million
dollars is requested for the construction of the new West Campus
to be located in the City of Medina on the north boundary of the
City of Orono. The exact location of the proposed West Campus
would lie outside of the Metropolitan Council' s MUSA line and
within the rural service area of the City of Medina, as well as
requiring urban services through the rural portion of the City
of Orono.
On December 13, 1976 , the City did address this subject in our
Resolution #737, of which I am attaching a copy for your reference.
In reviewing this resolution, the Orono City Council finds that
there is no new information that would indicate that the City' s
position concerning the West Campus should change . The City is
presently completing the restating of its Comprehensive Land
Management Plan, as required by the Mandatory Land Planning Act,
and finds that the proposed �9est Campus is totally inconsistent
with this plan. Therefore, the City of Orono opposes the proposed
West Campus location for the reasons set forth in the attached
Resolution #737.
Page 17
Dr. Richard Lrnery
March 11 , 1980
Page 2
The population projections and urbanization trends that existed
at the time the West Campus proposal was conceived no longer
exists, and therefore , the entire Vo-Tech School �aest Campus as
proposed at the Medina site should be reevaluated and rejustified
considering other alternatives than the present proposal.
The City of Orono strongly objects to the request for $48, 275, 000
for the construction of the West Campus in the 1986-87 year and
requests that it be removed from your six-year building plan.
Sincerely,
LiC� �
Walter e son
City dministrator
Enclosure - Resolution #737
cc: Minnesota' State Board of Education
City of Medina
City of Long Lake
City of Wayzata
Westonka Independent School District #277 School Board
Orono Independent School District #278 School Board
Wayzata Independent School District #284 School Board
Hennepin County Board of Commissioners
Metropolitan Council
Hennepin County Park Reserve District
State Senator George S. Pillsbury
State Representative Robert L. Searles
F.E;GULAR MEETIrdG OF TIIE ORONO COUNCIL, M�'�RCH 10 , 1980 Page 18
� Mayor Van Nest moved, D7assengale seconded, to SOUTHWEST PLANNING
approve Bruce Malkerson' s letter dated March 6 , STUDY - February 19 , 1.9
1980 to the Minnesota Pollutioci Control Agency
concerning the Southwest Pla:ining Study meeting
held February 19 , 1980. A4oti.orl, Ayes (4) - Nays (0) .
Letter - Pages 19 - 28
Mayor Van Nest reviewed witli the City Council HENNEPIN COUNTY #15
the transportation meeting held at the Spring
Park City Council Chambers March 5 , 1980 concern-
ing Hennepin County #15 from Navarre to Mound.
Mayor Van Nest commented that it is apparent that
Hennepin County is not addressing the transportation
problem as we originally were informed they would.
Priorities have changed and it appears that there
is pressure to four-lane County #15 from Mound to
Orono' s west boundary, which would do nothing except
to create further traffic problems in that area.
Orono' s position is to reaffirm our position taken
in Resolution #1106 and to instruct Hennepin County
to design and construct a new two-lane undivided
street from Herinepin County #110 and #151 north to
Orono' s ring route road.
o � � �� UU �� D
POPNAM, HAIK, SCHNOBRICH, KAUFMAN 6 DOTY, � 7 �QU •
..3„ �os �ENTER page 19
MINNEAPOLIS, MN 55402
CIT1L OF. ORONO
WAYNE G POPHAM �REDER�Cn C. BROwN
R/�.YMOND A H�IY( dRUCE O. H�InERSON , TELEPHpNE AND TELECOPIER
fiOGER W. SCHNOORICN J�.MES p. StE��EN 6i2-335-933�
OENVER MAU�MAN JAMES B. LOCHNAi7T
D.►VID 5. DOTV ALLEN W,�MINOCRAHER
ROBERT A, MINiSH Cl�«ORD M GREErvE March U � �7HO OENVER OFFICE
ROLFE A. WOL7DEN D.WILL�AM MAU�MAN
G. MARC wr�i7E'+EAD DESr� �.PETEctSON 2660 ENERGv CENTER ONE
BRUCE D. wIlL15 MICr+.�EL O. �QEEMAN OENVER,COLORADO 80202
FFEDEF+�CK 5. PiCr+^pD5 IApNV D. ESOE� 303-625-2660
RONAID C. ELMOU�ST D�vID /�.JONES
G ROBERT JO�+NSON S�LLV A.JO�+NSON
�.ARY R. MACOMBER
ROBERT 5 BU�7N OF CO��.SEt
ROBERT E. tiAMEL 1F O^LE C. NATHAN
M NOT AUMiTTLD TO MINNESOTA 8�A
Mr. Alan D. Larsen , Facilities Section
iMr. Kent B. Roberts , Compliance and Enforcement
� Mr. Russell C . Felt , Compliance and Enforcement
� Mr. David Johnson � Environmental Assessment Unit
Mr . Ronald Jacobson , Municipal Permits
MINNESOTA POLLUTION CONTROL AGENCY
1935 West County Road B-2
� St . Paul , Minnesota 55113 �
� Gentlemen:
This letter will summarize some of the comments made by Mayor
Brad Van Nest , City Administrator , Walter Benson, and City
Attorneys , Bruce Malkerson and Desyl Peterson, at a meeting
' that we had with you in your offices on February 19 , 1980 .
II It was explained by you that there had been a Southwest Area
consultant who looked at all of the sewer plant alternatives
� as part of the 201 program. In December of 1979 , a preliminary
4 report was submitted to the MPCA which report will now be reviewed
I by the systemwide consultant for the region. Four methods
of analysis are being used: Lease cost � least 0 and M, least
I environmental impact and most reliable . It was noted that
some of the above analyses are very subjective but based on
them there will be a systemwide plan drafted and then the com-
missioners will decide which plan to implement . It was noted
that the MPCA is now working with the 201 plan consultants
and that you have reviewed a draft of that 201 plan. It is
� anticipated that the final 201 plan will be determined in the
( near future so that the preliminary designs in regard to pipe
size , flow schematics � and general routing can be undertaken
by March, 1980 . Thereafter , there will be a public hearing
process which will take place in oate June , 1980 , so that the
, commission can adopt a facility plan thereafter.
Mayor Van Nest explained that it was his understanding from
a review of the Harza study that presently the Maple Plain
I
�
I - -
Page 20
POPHAM , HAIK, SCNNOBRICH , KAUFMAN & DOTY, LTD.
Minnesota Pollution Control Agency
March 6 , 1980
sewer plant is discharging 3 . 3 mg. per liter and the proposal
is to reduce that discharge to 1 mg. per liter . The MPCA staff
stated that the 1 mg. per liter standard is applied to the
effluent because of the discharge to the lake and that there
was no limit on a phospherous content if it discharges into
the river.
Mayor Van Nest reviewed the general import of the 1969-1970
Harza study. Ne noted that the lakeshore around Lake Minnetonka
had been urbanized years ago because of the attraction of the
lake as a recreational facility. Away from the lake. most
of the area in the Cities of Orono , Minnetrista , Independence
and Medina was rural in nature. Mayor Van Nest explained the
cycle wherein if one brings interceptors into an area, then
laterals are extended from the interceptors , and there is dense
urbanization that follows in order to be able to pay for the
cost of the installation of the trunks and laterals . In fact ,
he noted that in 1973 , the engineers for the City of Orono
recommended a $10 ,000 ,000 trunk and lateral sewer project
through the rural areas of Orono and the citizens unanimously
stated they did not want that sort of urbanization in rural
Orono. Moreover , the Harza study shows that that sort of
urbanization would lead to the pollution of the watershed in
Lake Minnetonka because of the increased phosphorous load which
woUld be in the surface water runoff with that level of
urbanization. He stated it is a well-known fact with which
everyone agrees that the amount of phosphorous increases with
urbanization. With urbanization, the increased surface water
runoff takes the dying vegetation and other phosphorous loads
directly into the lake . Mayor Van Nest indicated that he had
sent a copy of the Hickock report from 1973-1974 , to the MPCA
which shows that in an urbanized area , as much as 3 .68 pounds
of phosphorous per acre is discharged into the lake versus
. 3 pounds per acre in a two acre developed zone. The mayor
stated that when you install trunks and laterals around the
lake , it is very expensive , as high as $12 ,000 per unit , and
that therefore you force intense urbanization with the resulting
. adverse environmental effect . Mayor Van Nest noted that the
City of Orono , through its council and staff , has studied this
problem for over eight years and that the city has decided
� as part of its comprehensive land use plan to prohibit this
sort of urbanization in part because of this adverse environmental
effect on the watershed and Lake Minnetonka. Mayor Van Nest
then explained in detail how the City of Orono had implemented
Page 21
POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY. LTD.
Minnesota Pollution Control Agency
I�'�arch 6 , 1980
and will continue to implement its on-site septic system program
which consists of a very stringent ordinance that requires
that on each buildable lot � there will be at least two proven
sites to allow for on-site septic systems ; thereafter , any
septic system will be inspected when installed and on a regular
basis thereafter to insure that it is in full compliance and
functioning adequately. Old septic systems will be and are
being checked in the same way and any old septic systems that
are not in compliance will be upgraded to acceptable standards
as set forth in WPC 40 . Mayor Van Nest stated that there had
been tremendous support from the citizens of the City of Orono
for this sort of system and that this was the only way to keep
the phosphorous load down.
Mayor Van Nest explained thatized aroundfLakenMinnetonkalbecause
two cities , one that is urban
of the development which was started there 70-80 years ago ,
and the second city is rural and will remain as such forever.
There is no plan by the City of Orono to provide for the exten-
sion of urbanizing type services into the rural area. Mayor
Van Nest noted that the MWCC is still acting on population
projections and trends that were set in the 1960s which are
totally inadequate . The prior population projection showed
37 �000 people in the City of Orono and now the projection is
for no more than 9 ,540 by the year 2000 , of which 5 ,900 will
be sewered in the urban area and 3 ,600 will served with on-
site systems in the rural area as shown on the attached chart
and population projection graph. Yet a11 of the tables in
the 208 study are predicated upon the incorrect population
projections . Mayor Van Nest stated that any new population
within rural Orono will be served by on-site septic system
and that this is not part of a staged growth plan but that
the rural area will stay at densities of two to five-acre minimum
lot sizes .
Mayor Van Nest stated that when the 208 study plan was issued,
the city reviewed it , especially in regard to the Maple Plain
plant and the prior Harza study and agreed with the conclusion
in the 208 study which stated that the Maple Plain plant should
, be upgraded instead of the construction of an interceptor.
The mayor stated that the city assumed that subsequent 201
Page 22
' POPHAM , HAIK, SCHNOBRICH, KAUFMAN S� DOTY, LTD.
Minnesota Pollution Control Agency
March 6 , 1980
facilities plan would reflect that reco�nendation in the 208
study. The city was very surprised when in November of 1979 ,
a review of the 201 draft showed that the reco�nendation was
then for some type of interceptor through the rural area of
Orono.
IMayor Van Nest then reviewed the map attached hereto as Exhibit
� A dated March � 1979 , which shows the MWCC' s Metropolitan Sewer
! Service region line which follows generally the watershed line
in this area of Hennepin County. He indicated that it was
his understanding that the MWCC wanted to promote urbanization
all the way out to the MSSR line. Mayor Van Nest then reviewed
the map showing the actual watershed boundaries attached hereto
. as Exhibit B � which map clearly shows that the service area
of Maple Plain plant as located thereon is outside of the Lake
. Minnetonka Watershed and is , in fact , in the Crow River Water-
shed. Mayor Van Nest stated that the MWCC never should have
extended the MSSR line out to include the rural northwest corner
of the Lake Minnetonka Watershed and certainly not beyond the
Lake Minnetonka Watershed to include areas and a sewer plant
which served a different watershed.
Mayor Van Nest then reviewed the proposed Orono map in its
comprehensive sewer plan showing Orono ' s MUSA line which the
Metropolitan Council and Metropolitan Waste Control Commission
said would be acceptable since it was up to the local unit
of government to determine the location of the MUSA line . Mayor
Van Nest showed how this MUSA line conformed with the urbanization
of the city and the location of the existing interceptors and
the new interceptor recently installed around the lake to remove
the Orono and Long Lake treatment plants from discharging into
the watershed. Mayor Van Nest then explained the history of
the proposed interceptor by the MWCC which would have gone
through the rural sections of Orono and explained how that
proposed gravity line was changed to a force main line to be
constructed adjacent to Lake Minnetonka. Mayor Van Nest stated
that if this area of the watershed becomes urbanized, then
the phosphorous loading wi11 be greater and the adverse impact
on the lake will be greater than the amount of phosphorous
and adverse impact which is now attributable to the Maple Plain
• plant with its present level of phospherous discharge. The
mayor noted that once sewer is available and has to be paid
for , then dense development of upwards to four units per acre
follows with the resulting adverse effect on the environment .
Page 23
POPHAM , HAIK, SCHNOBRICH , KAUFMAN & DOTY, LTD.
Minnesota Pollution Control Agency
March 6 , 1980
Therefore , this area of the watershed has to be kept rural
in nature . The rural land use approach is consistent with
the comprehensive plans of the Ci,ty of Medina , Independence �
Minnetrista and Orono . To drive an interceptor across this
open area is totally inconsistent with the comprehensive land
use plans of the cities , which land use plans are the sole
prerogative of those cities pursuant to Minnesota Statutes ,
section 462 . 01 , et seq . The mayor noted that it is well known
that several developers who own property in the area would
like to see the interceptor extended through their property
so that they could force upon the city these adverse land use
changes to maximize their profits in their land. The mayor
noted that numerous courts have stated that once the interceptor
is in the ground with sufficient hydraulic capacity therein,
that the cities must allow for hook-ups to that interceptor.
Therefore , urbanization comes with it with all of the problems
related thereto. In response to Alan Larsen' s question of
whether or not there could be any hook-up to a force main if
they moved the pumping station to Maple Plain� the mayor noted
that by installing a lift station for approximately $30 ,000 ,
anybody could hook up to the force main at any point and, in
fact , that that had been done on a force main or will be done
with a force main along Lake Minnetonka. Dick Benson noted
that the moving of the lift station back to Maple Plain will
not solve any of the problems .
Mayor Van Nest stated that the city had informed the Metropolitan
Waste Control Comanission on several occasions that their popula-
tion projections were wrong but that the MWCC refused to change
any of the proposed sewer flows . Mayor Van Nest noted that
if the sewer goes in , this area will be urbanized because , as
he noted, "If a thing can happen, it will . " If the area is
urbanized, then at some time in the future a storm water
system would have to be installed with purification facilities
to collect and clean all of the surface water runoff in that
watershed prior to its discharge into Lake Minnetonka. It
has been estimated that the cost of such a system would be
in excess of $400 ,000 ,000 . Mayor Van Nest noted that the City
of Orono' s projections are that the total rural area will never
have more than a 3 ,640 population. The mayor noted that it
is his understanding that the MWCC is saying that this inter-
ceptor pipe will go in no matter what once they get the funding
for it. The mayor noted that the backup material upon which
the MWCC relies just does not support that decision by the
Pa�e 24
• POPHAM , HAIK, SCHNOBRICH, KAUFMAN b� DOTY, LTD.
Minnesota Pollution Control Agency
March 6 , 1980
� MWCC. The information contained in the former Harza study
does not support the installation of any pipe because of the
I adverse effect on the environment . The mayor noted that in
fact in 1975 , the Metrpolitan Council proposed moving the MSSR
line in closer to Lake Minnetonka but for some reason thereafter
they decided to leave the MSSR line as is and allow the MUSA
line to expand out to the MSSR line by staged growth. Mayor
Van Nest then noted that it has been his experience that the
two acre sites with septic systems are in demand as part of
' the housing market and that those lots in fact will sell for
I a price similar to the sale of a 14 ,000 square foot lot in
the City of Plymouth, which lots require hard surface roads ,
� storm sewers , municipal water and sanitary sewer with the result-
ing adverse impacts upon the school system and all municipal
facilities . The mayor indicated that the area in Maple Plain
that is being sewered is only one square mile and yet the pro-
posal is to build a pipe five miles in length across the rural
area of the northwest corner of the Lake Minnetonka Watershed
just to service that one square mile. This is an example of
leap-frog d�velopment at its worst. He noted that the popula-
tion projections to the year 2000 in the service area of the
Maple Plain plant is 2600 people and now there are only 1492
people . The mayor indicated that the MWCC says that there
is a discharge of 270 ,000 gallons per day and with less than
1500 people , it is hard to believe the discharge is that high
unless there is a bad infiltration problem with that plant .
Zf that is the case , then the infiltration problem should be
solved instead of creating more environmental problems with
the construction of an interceptor.
Alan Larsen then stated that the infiltration problem is bad
at that plant and that Maple Plain will have to fix that infil-
tration problem in the future with or without the installation
of an interceptor.
Mayor Van Nest then showed on the map , Exhibit C � where the
present Maple Plain plant was located and that presently that
plant is taking sewage effluent from the Crow River Watershed
and discharging it into the Minnehaha Creek Watershed. The
mayor noted that the city and everyone in the Minnehaha Creek
Watershed has an environmental rights act complaint to force
the MWCC to take this effluent out of our watershed and discharge
it into the watershed district from which it came. Moreover ,
Page 25
. POPHAM, HAIK, SCHNOBRICH , KAUFMAN & DOTY, LTD.
Minnesota Pollution Control Agency
March 6 , 1980
there is no environmental justification for building an inter-
ceptor that allows for the continuation of the taking of efflu-
ent from one watershed and then transporting it across another
watershed with the resulting adverse environmental effect on
the second watershed area. Mayor Van Nest then showed how
the effluent could be taken from the plant and pumped a short
distance across the watershed boundary so that it could be
discharged into the Crow River Watershed and into Pioneer Creek,
then through a massive marsh system� into the Crow River and
then eventually into the Mississippi River some 40 miles away.
He stated that such a natural method of purification is far
superior to pumping that small amount of effluent in a new
five mile pipe across rural Orono , and then 30 or 40 miles
all the way to the Blue Lake plant on the Minnesota River where
there are presently problems in the handling of the existing
discharge of effluent from the metropolitan area. The mayor
stated it was crazy from an environmental and a taxpayer ' s
point of view to spend $1 . 5 million to put a pipe in in such
a way when the other alternatives are less costly and have
less of an adverse effect on the environment.
Alan Larsen indicated that Maple Plain and the MWCC can apply
now for infiltration monies to help solve that problem now.
He stated that the I � I analysis will be completed to determine
what the flow figures will be once the infiltration problem
is solved. Mayor Van Nest stated that once you solve the I
� I problem, you do not even need to spend $578 ,000 to make
the plant larger to handle the prior gallonage which will now
be reduced. He indicated that the present report shows that
you can spend just $30 , 000 for removing the phospherous which
would solve the problem at a far less cost to society. Mayor
Van Nest noted that the present plant is surrounded with agri-
cultural land as is the entire Maple Plain area and that it
does make sense to use an on-land spray irrigation system.
The mayor explained that the 201 plan compared the cost of
upgrading the plant to the cost of land application and then
decided that land application was too costly. Thereafter the
plan compared the cost of plant upgrading so that there would
only be 1 . 0 milligram per liter discharge versus the cost of
installing the interceptor , and then the plan stated that such
a discharge was insignificant yet somehow from that conclusion
the plan then stated that when compared to the cost of the
interceptor , the interceptor should be installed. It is
. . . . . . ,:.. .
� Page 26
� � .
POPHAM , HAIK, SCHNOBRICH , KAUFMAN & DOTY, LTD.
Minnesota Pollution Control Agency
, March 6 , 1980
clear that the analysis was faulty. Alan Larsen then stated
that if one could find closer sites to the existing plant and
arrange for some sort of lease or acquisition of the property,
then it would be possible at a lesser cost to use on-land spray
irrigatior. . Alan stated that he would find out what the dis-
charge standards would be for discharging the effluent into
the Crow River Watershed from which watershed the effluent
came in the first place.
Mayor Van Nest then reviewed the plan on land disposal ' s esti-
mate of cost for buildings , contingent fees , engineering fees
and land acquisition and indicated that those fees appeared
to be extraordinarily high. He noted that the cost of phosphor-
ous for farmers as fertilizer will double this year and that
the phosphorous is a valuable product especially when it is
located in the middle of an agricultural area. Yet the plan
proposes to pump this phosphorous 30 miles away to be dis-
charged into the Minnesota River at great expense to society.
Alan Larsen stated that he agreed that more analysis needs
to be done concerning the land application alternative and
that he is responsible presently for the Paynesville project
which he thinks is cost effective .
The mayor stated that the City of Orono is opposed to any inter-
ceptor being built across the City of Orono as well as anywhere
in the rural northwest corner of Lake Minnetonka Watershed.
Bruce Malkerson explained the problems the city had in the
past when the MWCC was acquiring right-of-way and the easements
themselves purported to grant to people in rural zones the
right to hook up six or more homes to the interceptor. These
are among the problems which will develop with the installation
of any interceptor across the rural area of Orono.
Mayor Van Nest then reviewed appendix D in the June , 1979 report
and showed how the estimates by the consultant showed that there
would be 2 , 700 pounds o� phosphorous discharged by the plant
and it was estimated that 707 would reach Jennings Bay for a
total of 840 kilograms per year, with the remaining 30� being
assimulated. The mayor noted that appendix D is based on esti-
mates only and not actual measurement. Yet in the prior Harza
study, actual measurements were used via a gauge in Painter Creek
where it discharges into Jennings Bay and at the discharge point
of the Maple Plain sewage plant , and it showed that there was
Page 27
. POPHAM, HAtK, SCHNOBRICH , KAUFMAN b DOTY, LTD.
Minnesota Pollution Control Agency
March 6 , 1980
4 ,030 pounds of phosphorous per year discharge from the plant ,
an estimated 1 , 750 pounds from the surface water runoff for
a total of 5 , 880 pounds that were entering from the Painter
Creek watershed , but that the actual measurement was only 1 ,860
pounds at the gauge which proves that only 329� of the phosphor-
ous in the watershed district reached the lake. Therefore ,
appendix D which is based on estimates is obviously incorrect .
Mayor Van Nest stated that for all of these reasons , the City
of Orono would do what it could do in front of the Metropolitan
Council , the Metropolitan Waste Control Commission, the Environ-
mental Quality Board , the PCA and the EPA to prevent the installa-
tion of the interceptor across rural Orono. Ne indicated that
in the event that we were not able to stop the interceptor
in an administrative manner , then the city would seek an injunc-
tion from the courts under the Environmental Rights Act to
insure that the environment would not be damaged as is proposed
by the construction of the interceptor. Mayor Van Nest noted
that it was a mistake ta have brought the Maple Plain plant
within the MSSR line in the first place , but that you cannot
solve one mistake with the creation of another mistake. Some-
one has to say no and to protect the rights of the public .
Mayor Van Nest noted that as to any present odor problem in
Maple Plain that that is caused because of the excessive
infiltration not because of the phosphorous which will be
solved without an interceptor.
Alan Larsen stated that he was going to think about the issues
raised and would review the prior Harza study and the applica-
bility of a land application of the effluent .
Mayor Van Nest indicated that the City of Orono had executed
an agreement with the City of Medina in regard to taking the
effluent from Medina-Morningside and piping that into the
existing interceptor in Long Lake to solve that problem at
the local level instead of spending millions of dollars of
taxpayers ' monies to drive an interceptor all the way across
rural Orono. The City of Orono can control the use of this
new sewer installation because a hydraulic limitation prevents
any new growth other than what is planned.
The MPCA staff indicated that they would review these comments
and would like to review their conclusions with the City of
Orono prior to the final action on their part.
� Page 28
POPHAM, HAIK, SCHNOBRICH , KAUFMAN b DOTY, LTD.
Minnesota Pollution Control Agency
March 6 , 1980
Subsequent to our meeting with you, we received a copy of the
regional policy plan on water quality management which the
Metropolian Council adopted on March 9 , 1979 . Chairman Charles
Weaver stated in his January, 1980 transmittal letter , "The
new plan meets federal requirements for a regional water quality
management plan and provisions of state law requiring a regional
development guide and policy plan. "
IWe agree with many important aspects of the plan which affect
� these present issues . A review of relevant sections of that
plan shows clearly that the proposed interceptor should not
be built and that the conclusions reached by the City of Orono
; are supported by the Metropolitan Council and are now mandated
' by state and federal law, see Exhibit D.
The Maple Plain Comprehensive Sewer Plan recommends the upgrad-
ing of the plant , not an interceptor .
In suIIunary . the city believes that the proposed interceptor
will have a materially adverse effect on the environment and
that there are numerous feasible and prudent alternatives avail-
able which are less costly in dollars and adverse effect on
our natural resources . Even if one or more of the alternatives
other than the interceptor are more costly in dollars , such
an alternative will have less adverse impact on our natural
resources and increased cost is no excuse for damaging these
resources ; see Minnesota Statutes , 116B. 04 .
I hope the above comments will assist you in your analysis
of this problem. If there is any way in which we can help
you in that analysis and/or if you need any additional informa-
tion, please call me , Mayor Van Nest or Dick Benson.
Thank you very much for having met with us to discuss our concerns
in regard to this proposed interceptor.
Very truly yours � .
�
��.t�.c..c..t ,1� 11(c� C `'� �.;�, �
, Bruce D. Malkerson� City Attorney
City of Orono
BDM: ss
cc : Mayor William B. Van Nest
City Council of Orono
Walter R. Benson, City Administrator
Glenn Cook. City Engineer
. . "1'e�li�ph��nt• 4i3 7:i5i
• Page 30
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March 4 , 1980
Mayor Diane Gallagher
68 Brown Road South
Long Lake , Minnesota 55356
Dear Mayor Gallagher:
I appreciated meeting with you at your chambers yesterday and
I do hope we can resolve our differences at an administrative
level concerning our sewer and water agreements that are satis-
factory to both cities.
The grievances as noted to me concerning the water are:
1. Orono School uses excess water
2. Rates do not cover expenses
3. Booster station requires enlarging
4. Water pressure problems because of excess connections
5. Refusal to pay utility expenses for booster station
6. Orono hookups without proper notice
As you and I agreed, some of these grievances have been resolved.
Mr. Lyle Swanson and I will arrange meetings to discuss the entire
Industrial Long Lake and Orono areas now being served and arrive
at a workable solution to the entire problem.
The grievances noted to me on sewer are :
1. Lift station flooding
2 , May Street flooding
3. Infiltration problems
4 . Maintenance problem
5. Orono' s failure to construct interceptor allowing Hackberr-y
to be relieved from the present system
- Page 31
Mayor Diane Gallagher
March 4 , 1980
Page 2
As you and I discussed, our proposed agreement with Medina, Long
Lake , and Orono will resolve these issues .
Lyle Swanson and I will proceed with formulating separate sewer
and water agreements allowing a complete understanding for future
services to the Long Lake and Orono School and industrial areas.
Diane , these informal meetings are important if we are to continue
striving to close the communication gap and improve our public
relations. I hope we can continue these when it is convenient.
lf Lhese procedures that I outlined do not satisfy our present
understanding of the current sewer and water agreements, please
notify me as soon as possible.
5incerely,
��G�
Walte�. ens
City dministrator
. T�I�•��h�,ne 473 7:l`,�
. _j '•, � • Page 32
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February 27, 1980
Mr. William A. Fenholt, Business Manager
Orono Independent School District 278
685 Old Crystal Bay Road
Long Lake, Minnesota 55356
Dear Mr. Fenholt:
Thank you for forwarding Mayor Gallagher' s letter to me
regarding the water and sewer agreement between the City of
Long Lake and the City of Orono dated February 8, 1980 . As
I commented to you in my letter of January 14 , 1980, which
included my letter to Long Lake dated August 29, 1978, the
City of Orono has requested- a meeting with Long Lake to discuss
their intentions.
In reviewing the files on the sewer and water agreement, it
contains issues raised since the agreement was signed, which
was in 1967.
In 1968, the issue of utility rates concerning the operation
of the water booster stations were raised, which were not
resolved until an arbitrator was appointed to the case in 1971.
The issue again was raised in 1975 and was resolved in 1976 .
February, 1978, I was notified that the Long Lake City Council
discussed proposed changes to the water and sewer agreement again
requesting Orono to assume the costs to operate the water booster
station in Long Lake, which also provides additional water
pressure to the Long Lake industrial area, as well as the Orono
School complex. A meeting with Long Lake was requested but it
was learned that the matter was resolved.
On July 18, 1978, the City of Orono was informed that the sewer
and water agreement will be terminated pursuant to paragraph
3. 6 (e) on the thi.rd anniversary date following receipt of the
letter.
. Page 33
Mr. William A. Fenholt
February 27, 1980
Page 2
I wish to note here that Orono actually discovered the
termination by accident when we were mailed a Long Lake
water bill with an attached ordinance and newsletter. We
brought this to Long Lake ' s attention and received an official
letter on the 21st which was dated July 18 , 1978.
On August 23, 1978, I requested Long Lake to cor,ununicate to
me, as suggested by their attorney, reasons for the termination.
In my conversation with previous City officials late 1978 and
early 1979, I was informed the City of Long Lake was reviewing
the matter and had not determined reasons for termination.
The Long Lake action has been on Orono Council agendas and
before our legal depart�ent many times since 1978 and officially
Orono had not had a response to our letter dated August 29 , 1978
until last week when Mayor Gallagher called to inform me Long
Lake ' s intentions are to terminate the agreement as originally
stated in the July 18, 1978 notification.
I have arranged to meet with Mayor Gallagher Monday, March 3,
�980 to discuss this further. There are other provisions in
the agreement that have to be satisfied if it is terminated.
The City of Orono has completed a feasibility study to serve
your area with a well and a supply tower which we will followup
with, if the agreement is to be terminated.
If you have any questions , please feel free to call me at my
office, 473-7357.
Sincerely,
1��1
Walter . Ben on
City dministrator
• cc: Mayor Gallagher
Enclosures
• ' 'l�elrphunc a7:3�7;i57
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March 3 , 1980
Mr. Richard J. Dougherty
Chief Administrator
Metropolitan Waste Control Commission
350 Metro Square Building
7th & Robert Streets
St. Paul, Minnesota 55101
SUBJECT: INFILTRATION/INFLOW STUDIES
Dear Mr. Dougherty:
We received the MWCC' s February 4 letter summarizing the results
of the Infiltration/Inflow (I/I) Assessment recently completed
for the Commission by Harza Engineering Company. We were pleased
to see that an I/I Analysis has been recommended for the City
of Orono.
Orono, therefore, desires to participate in the con�inuation of
the I/I program. We understand that state and federal funding
to cover 90$ of the costs of the I/I Analysis is expected to
soon be available. We further understand that the MWCC will
continue to function as grant applicant/receipient. The funds,
however, will be passed through the Commission to the City, under
an agreement between the MWCC and the City. Orono will be fully
responsible for the conduct and administration of the study, in
conformance with the EPA grants program rules and regulations.
The City of Orono is proceeding to carry out its responsibilities
under the program. Our first step is to retain a qualified engi-
eering firm to perform the study; we expect to initiate the contract
negotiations shortly. We must also enter into the agreement with
the Commission providing for the "pass-through" of the grant monies.
We assume that the MWCC has prepared this agreement in a standardized
format for use generally with each qualifying community. Please
send to us this agreement for review and comments or execution.
Page 35
Mr. Richard J. Dougherty
March 3 , 1980 �
Page 2
We will transmit copies of our engineering study agreement as
soon as it is finalized. We wish to have an engineer undertake
the study this year, beginning as soon as the grant funds become
available. It is our intent, therefore , to have both agreements
executed and in standby status , awaiting activation upon receipt
of the grant offer.
We look forward to the continuation of this I/I program. We
expect that the City and the Commission will cooperate fully to
assure the timely and proper performance of the work. We await
transmittal of the proposed pass-through agreement.
Yours very truly,
����y
Walter e son
City dministrator
WRB/as
cc: Anthony C. Gnerre
Paul Dietz
[tEGULAR MLL�,`l'ING OF �i'HL ORONO COUNCIL, PIARCH 10 , 1980 Page 36
. The two lowest bidders werf� : ADMINISTRATIVE CAR*
(Continued)
Rosedale Chevrolet - Chevrolet Malibu $5 ,971. 04
Superior Ford-Ford Fairmont $6 , 077 . 00
Less rebate (if ordered by 3/3/80) - 300 . 00
$5 , 777 . 00
Therefore, it is my recommendation to award the
bid to Superior Ford for one Ford Fairmont for
an amount not to exceed $5 , 777 . 00.
Because this purchase is not a budgeted item, the
monies will be funded from the Improvement and
Equipment Fund established June 11, 1973 ,
Resolution #500.
The 1975 Dodge will be placed in the Hennepin
County auction as soon as possible. The proceeds
from the auction will be subtracted from the
amount paid for the new vehicle and a four-year
payback from the Administration budget to the
Improvement and Equipment Fund willbe established.
Council Meeting - March 10 , 1980
Butler move�, Hurr seconded, to approve the low
bid from Superior Ford for a Ford Fairmont for
an amount not to exceed $5 , 777. 00 , for an
administrative vehicle. riotion, Ayes (4) -
Nays (0) .
Dick Benson, City Administrator, presented the PLAYGROUND EQUIPMENT*
City Council with a memo prepared by John Gerhardson, Bederwood Park
Public Works Coordinator, regarding playground
equipment for the Bederwood Park, dated March 4 ,
1980 , which states :
On January 23, 1980 , the City of Orono sent out
playground equipment specifications to several
equipment suppliers requesting quotes on play-
ground equipment.
The following is a list of the bidders and their bids:
Namele Recreation $3 , 837. 00
Backstop does not meet
specifications
. Slide does not meet
snecifications
Gerber Manufacturing 760. 00
Bike racks �nly
;�ont in.ued`
�s'C�UI�,AR b1�I�,T1r�G OF THE ORONO COUNCIL, M�1RCH 10 , 1980 Page 37
, J. E. Burke Company $2 , 027 . 00 PLAYGROUND EQUIPMENT*
Could not bid all items (Continued)
Miracle Equipment Co. �4 , 618 . 00
Slide does not meet
specifications
Nelson i�Ianufacturing $4 , 837 . 00
Earl F. Anderson & Assoc. $4 , 628. 00
Therefore , it is my recommendation to
purchase the equipment from Earl F. Anderson
and Associates in an amount not to exceed
$4 , 628. 00.
Because monies were allocated from the Community
Development Block Grant Program for the development
of Bederwood Park, the City of Orono will purchase
the equipment and then be reimbursed from Hennepin
County who is administering the Community Developmen t
Block Grant Program.
The Orono Park Commission approved �urchasing the
playground equipment from Earl F. Anderson and
Associates at there regular meeting March 4 , 1980.
Council Meeting - March 10 , 1980
Butler moved, Hurr seconded, to approve the low
bid of Earl F. Anderson and Associates in an
amount not to exceed $4 , 628. 00 for playground
equipment for Bederwood Park. Motion, Ayes (4) -
Nays (0) .
Butler moved, Hurr seconded, to approve the step STEP INCREASE*
increase for Bruce Anderson, Police Officer, to Bruce Anderson
$1, 626 . 25 per month, effective March 1, 1980 .
Motion, Ayes (4) - rdays (0) .
Dick Benson, City Administrator, informed the CATALOGIST*
City Council that we have been interviewing Terence J. Sutt<�n
persons to coordinate a legal, library, cataloging,
and complete all research rec�uired to satisfy our
needs.
Mr. Terry J. Sutton, a second year law student,
has had this experience at the Federal Reserve
Bank of Minneapolis, has been cleared by the
F.B. I. , and does qualify to work with us on this
mat�er.
(Continued)
It�;GUI,I�R P�II�;L'PING OF TI�E ORONO COUNCIL, P�ARCH 10 , 1980 Page 38
Mr. Sutton will work for us at $6 . 50 per hour CATALOGIST*
starting Plonday, March 10 , 1980 at 1: 30 P.M. (Continued)
His job description shall be :
1. Coordinate all materials and files pertaining
to Comprehensive Zoninc� Ordinance; also,
Comprehensive Sewer Ordinance and catalog
chronologically
2. Coordinate all files pertaining to legal
matters and lawsuits and catalog chronologically
3. Search archive files and determine which
files can be destroyed by resolution or sent
to Minnesota Historical Society.
4. Establish a law library
Council Dleeting - March 10 , 1980
Butler moved, Hurr seconded, to approve the
employment of Terence J. Sutton, Catalogist,
at a rate of $6.50 per hour startin�� PAarch 10 ,
1980. Motion, Ayes (4) - Nays (0) .
Dick Benson, City Administrator, presented the TELEPHONE SYSTEM*
City Council with the following information
concerning a new telephone system, dated March 7 ,
1980 , which states:
The current telephone system which has one
intercom system to communicate with other depart-
ments is outdated and cannot efficiently serve
our complex.
We have reviewed the system and the current
position of Clerk-Receptionist and have concluded
that an updated new system to effectively handle
phone calls is required. We are partially
decentralized now, in that, at the present time ,
the Police Department has two incoming lines and
West Hennepin Assessment District has one incoming
line, which has proved to be very efficient having
calls go directly to the department' s secretary.
I plan to decentralize the incoming lines as follows:
Two lines to the Police Department
� One line to the Building & Zoning Department
One line to the Finance and Zoning Department
One line to the Public Works Department
One line to the West Hennepin Assessment District
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, MARCH 10 , 1980 Page 39
I plan to eliminate the position of Clerk- TELEPHONE SYSTEM*
Receptionist and establish the Public Work ' s (Continued)
secretary to assume some clerical duties that
are now part of the Clerk-Receptionist duties.
She will function in the Administraton office
rather than the Public Works office. Public
Works phone calls will be handled efficiently
under the new system as well as all other calls.
I recommend we install the Dialog System provided
by Northwestern Bell at a total cost of $5 , 430.92 .
This system will enable us to expedite the incoming
calls more efficiently while eliminating the
Receptionist position. The Dialog intercom
system will have four lines which will allow us
to communicate with other departments with no
interruptions. Also, another feature is the
capabilities of conference calls. There is real
need for these features.
We have reviewed other options such as Executone
System, which you own. The total cost is $13, 978. 80
for installation plus $235 . 50 per month.
The Dialog System meets our everyday requirements
and can be expanded as the needs arise.
Council Meeting - March 10 , 1980
Butler moved, Hurr seconded, to approve the
Dialog System provided by Northwestern Bell
Telephone Company at a total cost of $5 , 430. 92
for the. City offices per the above memo.
Motion, Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to approve the 1980 GOLF COURSE R.ATES*
1980 Orono Golf Course rates per the memo
from John Gerhardson, Public Works Coordinator,
dated March 7, 1980. Motion, Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to adopt Ordinance ORDINANCE NO. 230
No. 230 , An Ordinance To Amend Chapter 40 Of The On-Sale Wine License
Municipal Code To Provide For The Issuance Of
"On-Sale Wine" Licenses , as amended. Motion,
Ayes (4) - Nays (0) .
Butler moved, Massengale seconded, to approve ON-SALE LaINE LICENSE
the fee of $750 for the on-sale wine license. FEE
Motion, Ayes (4) - Nays (0) .
REGULAR MEETITIG OF THE OP,ONO COUNCIL, P�.�RCH 10 , 1980 Page 40
,
• Mayor Van Nest moved, rlassengale seconded, to table FARVIEW LAKE ACCESS
until the Council meeting of Mar_ch 24 , 1980 the
agenda item concerninc� the �arview plat lake
access. Motion, Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to approve the LICENSES*
following license: Motion, Ayes (4) - Nays (0) .
Comfort Heating & Air Conditioning - Plumber
Butler moved, Hurr seconded, that the Al1 Funds BILLS*
Accounts and Liquor Store Accounts 5096 through
5147 , 11493 through 11499 , be paid. Motion,
Ayes (4) - Nays (0) .
Butler moved, Mayor Van Nest seconded, that the ADJOURNMENT
meeting be adjourned at 11 : 10 P.D4. Motion,
Ayes (4) - Nays (0) .
William B. Van Nest, Mayar
Attest: , ��C.,/
Walter Benson, City Administrator