HomeMy WebLinkAbout04-14-1980 Council Minutes � �
CITY OF ORONO
Regular r4eeting of the Orono Council, ; 7: 00 P.M.
April 14 , 1980
The Orono Council met on the above date with the
following members present: D4ayor Van Nest, Council-
members Butler, Hurr, and Paurus. Also present:
City Administrator Benson, City Planner Olson, City
Zoning Administrator Mabusth, City Attorney PZalkerson,
City Engineer Quincey, and Planning Commission member
Jabbour.
Butler moved, Hurr seconded, to approve the CONSENT AGErdDA*
Consent Agenda* with all staff data and supportive
information to be included in the Minutes in the �
sequence they occur. P�otion, Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to approve the Minutes MINUTES*
of the Regular Meeting of March 10 , 1980. Motion, March 10 , 1980
Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to approve the Minutes MINUTES*
of the Regular Meeting of March 24 , 1980. Motion, March 24, 1980
Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to approve the Minutes r4INUTES*
• of the Public Hearing Meeting of March 20 , 1980. March 20 , 1980
Motion, Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to approve the Minutes MINUTES*
of the Information Meeting of March 26 , 1980. March 26, 1980
Motion, Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to approve the Minutes P�INUTES*
of the Joirit Me�ting of April 8, 1980. Motion, April 8, 1980
Ayes (4) - Nays (0) .
No comments from the Park Commission. PARK COMMISSION
No comments from the Planning Commission. PLANNIP7G COMMISSION
No comments from the Lake Minnetonka Conservation LMCD REPORT
District representative.
No comments from the public present. PUBLIC .COMMENTS
R �
R�GULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 2
I�ayor Van Nest moved, Butler seconded, to approve COP'IPREHENSIVE PLAN
the Comprehensive Plan Review for the City of Long REVIEW - Long Lake
Lake, a�d Alan Olson' s letter to Long Lake, as •
amended. Motion, Ayes (4) - Nays (0) .
Alan Olson, City Planner, entered into the record COMPREHENSIVE PLANNING
the following Comprehensive Planning Schedule SCHEDULE*
dated April 9, 1980 , which states:
Metro Policy - The attached letter from the Metro-
politan Council discusses their proposed policy on
submittal deadline extensions. Current mandated
deadline is July 1, 1980. The Council has reviewed
very few plans and is preparing for a flood of '
extension requests.
The proposed policy is shown on Page 4. Apparently,
they will almost automatically make extensions of
120 days to November l, 1980 - see Page 6 .
Aside: See top of Page 4 for new Metro Policy on
storm water planning.
Current Status - IRC is now completing the final
mapping and I am about half-way through one last
editorial rewrite to put the plan into a consistent
format. With the comments from the joint Planning
Commission and Park Commission work session last
night, I see no reason why we cannot meet the
following schedule.
Recommended Schedule - I recommend that Orono not
apply for any deadline extension but that we instead
pursue the following schedule:
April 21, 1980 Planning Commission meeting - call a
public hearing for citizen input and plan review
for regular Planning Commission meeting of May 19 ,
1980.
Planning Commission - following public hearing,
Planning Commission must adopt and recommend plan
to Council by resolution of a majority of the members.
June 2 , 1980 Council meeting - City Council to adopt
resolution formally accepting plan and forwarding it
to Metropolitan Council and other cities for simultaneous
review.
June 15-25, 1980 - final mailing of plan.
Council Meeting - April 14 , 1980
Butler moved, Hurr seconded, to approve the Comprehensive
Planning Schedule as stated above. Motion, Ayes (4) -
Nays (0) .
1 � .
'REGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 3
Alan Olson, City Planner, entered into the record SUBDIVISION
the final subdivision request of William Taylor, 2227-2229 Shadywood Ro
2227-2229 Shadywood Road, dated April 9 , 1980 , #366
which states: William Taylor
James MacKennon has been dealing with me since
last summer in an attempt to bring the Taylor
Plat to final approval stage. Briefly to review,
the plat is a lot line rearrangement dividing
a single lot with two permanent residences. As
required by Council, the applicant has acquired
the vacant lot to the south giving Lot 2 a total
area of 20,583 sq. ft.
Staff recommends final approval of the attached
resolution. All fees and requirements have been
met.
Council Meeting - April 14 , 1980
Mayor Van rdest moved, Hurr seconded, to adopt RESOLUTION #1131
Resolution #1131, A Resolution Approving The Plat Taylors Two
Of Taylors Two, A Lot Line Rearrangement For
William Taylor, 2227-2229 Shadywood Road. Motion,
Ayes (4) - Nays (0) .
Alan Olson, City Planner, entered into the record a CONDITIONAL USE PERMIT
request of David Butler, 4685 North Shore Drive, 4685 North ,Shore Drive
for a conditional use permit, dated April 10 , 1980 , #537
which states: David Butler
Mr. Butler' s application to build a driveway down
a long platted, undeveloped alley to Rest Point
Road was heard by the Council on March 12, 1980
and tabled for more review, principally because of
questions concerning the existing parking and ,
access along County Road 19 .
Mr. Butler has never had any �riveway permit from
Hennepin County for County Road 19. The attached
letter from David Zetterstrom states the County
will issue one permit for the existing western
driveway provided the easterly driveway and parking
area are closed and restored. This is identical
with the City staff ' s recommendation of March 7,
1980.
In addition, a more indepth review of our own
ordinances provided two sections which prohibit
the parking as it exists along the right of way
of County Road 19.
(Continued)
+ YtEGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 4
38. 201 - Requires all parking to be on the lot, not CONDITIONAL USE PERMIT
on the right of way as this existing area is. 4685 North Shore Drive
This section also prohibits any parking in any (Continued)
required yard. (i.e. the required 35 ft. deep front
yard) exceptions are provided for a 10 ft. setback,
but only in side or rear, not front, yards. Thus ,
such parking must be at least 35 ft. from the right
of way. �
38. 201: R Districts - Within all "R" Districts all
vehicles normally owned or kept by the occupants
on the premises must have a garage stall or open
parking space on the same lot as the principal use
served. Garage stalls accessory to residential
s�ructures may be located anywhere on the lot
other than a required yard area except that such
garages may be located to within ten (10) feet of
an interior side lot line and to within ten (10)
feet of a rear lot line subject to Section 31. 300ff.
Open parking spaces on lots must have a location
other than a required yard except that such parking
may be located in a rear yard to within ten (10)
feet of an interior side lot line and to within
ten (10) feet of a rear lot line.
38. 241 in addition, prohibits any parking space
from being accessible directly off any public
street, requiring an intervening driveway to
prevent, as in this case, direct backing onto a
public street.
38. 240 Design and Maintenance of Parking Area -
38. 241 - Access : Parking areas shall be designed
so as to provide an adequate means of access to a
public alley or street. Said driveway shall not
exceed 30 feet in width at the public walk center
line and shall be so located as to cause the least ,
interference with traffic movement. All off-street
parking spaces shall have access off driveways and
not directly off of a public street.
Remember too, that there are additional hill and
curve restrictions at this location which further
reduce visibility. Therefore, not only is the
existing parking intuitively bad, it is contrary to
zoning code requirements and should be abated
whether or not any new driveway is built.
The staff,therefore, recommends approval of the
requested Rest Point Road driveway as per the
March 7, 1980 memo, provided the existing parking
and eastern driveway along North Shore Drive are
removed and restored per the zoning code requirements
and per the Hennepin County permit requirements. I
suggest approval per the attached resolution. (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 5
Council Meeting - April 14 ; 1980
� Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1132
#1132 , A Resolution Authorizing Construction Of A 4685 North Shore Drive
Private Driveway In A Platted Undeveloped Alley David Butler
And Requiring Correction Of �xistinc? Parking And (Continued)
Access Safety Problems, subject to engineering •
drawings being submitted showing entire layout,
existing parking and eastern driveway be removed
and restored per zoning and Hennepin County
requirements. Motion, Ayes (4) - Nays (0) .
Mr. & Mrs. James Rivers and their legal representa- REZONING
tive, Mr. Lou Oberhauser, were present. 1440 Shoreline Drive
#539
Alan Olson, City Planner, reviewed the extensive James Rivers
background data dated April 10, 1980 , which states : Windward Marine
This is a technically complicated application
because of varying ownership interests , previous
applications and rulings , and an overlapping
history of use on the property.
Simply put, Mr. Rivers is requesting rezoning of
three parcels of land in order to facilitate
reconstruction of his Browns Bay docks , replacing
� buoys and the existing dock structure with a new
floating dock. The area to be rezoned is shown on
Exhibit 1. The proposed dock rearrangement is
shown on Exhibits 2 & 3.
BACKGROUND INFORMATION - In 1979 , Windward r4arine' s
1979 commercial dock license application included
a proposal for a major rearrangement of the docks
on Browns Bay. In review of that change, staff
took copies of the proposed site plan and compared
them to platting maps. � We then took the 1974 legal
descriptions for the B-2 zone and marked them on
the plat maps and the site plans. At that point,
it was apparent that the proposed docks would have
extended beyond the legally described zoning district
boundary. In addition, some of the existing dockage
did not conform to LMCD' s required side setbacks.
Resolution #1023 was adopted granting the 1979 license
based upon the previous year' s dock arrangement but
denying those slips encroaching beyond the B-2 line.
This was subsequently amended to allow in 1979 the
same number of slips previously licensed pending
review of the zoning issues. See Exhibit 4.
(Continued)
i
�
" '�tEGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 6 •
There is no question that th� City had previously REZONING
licensed slips on Browns Bay per the 1978 and 1440 Shoreline Drive
amended 1979 licenses. The issue is whether or (Continued)
not the City and/or Mr. Rivers were aware of the
zoning boundaries legally described location.
Property Ownershi - Exhibit 5
Parcels 1000 and 4000 - Owned by Lehtinen leased
by Rivers. These parcels contain the Windward
Marine buildings and parking areas.
Parcel 6000 - Owned by Rivers. Contains his
homestead - formerly contained the MAC' s
Pizza building. '
Parcel 3100 - Owned by Rivers - Contains a rental
dwelling.
Parcel 2500 - Owned by Loren Born - contains his
homestead. This tax parcel has never been sub-
divided or divided for tax purposes , however,
Rivers has leased that part east of the County
road from Lehtinen who apparently sold the part
west of the road to Born in 1969 . See Lou
Oberhauser' s letter of March 3, 1980 , Page 2 ,
Exhibit 6.
Zoning History - Exhibit 7
Parcels 1000 and 4000 containing the marina
buildings had been zoned commercial since 1950,
B-2 since 1967.
Parcel 6000 containing the River' s homestead was
zoned commercial from 1950-1967. It was rezoned
residential in 1967 and has never been zoned B-2.
Parcels 3100 and 2500 have never had any commercial
zoning, .
Use History - Exhibits 6 , 7, 8, 9 , & 10 are letters
from Rivers and Oberhauser explaining use history.
City records indicate that licenses were granted
for docks and/or buoys on Browns Bay in front of
Parcels 6000 , 3100, and 2500 but that these were
limited to the extent shown on the 1978 license
plan, Exhibit 4d.
The character of use of all of these "residential"
properties was discussed by the Council and Planning
Commission many times, including discussions with
Mr. Rivers regarding his remodeling of his house in
1976. See map and minutes, Exhibit 11.
The above mentioned Exhibits 1-11 are located in
File #539, 1440 Shoreline Drive. � (Continued)
�•�. .
� RE�ULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 7
Planning Commission' s-Position - Please review the ' REZONING
Planning Commission Minutes of March 3, 1980 and 1440 Shoreline Drive
March �l7 , 1980 for background discussion and recom- (Continued)
mendation. On March 17, 1980 , the Planning Commission
was favoring a limited rezoning of the Browns Bay
side only.
On April 7, 1980 , the Planning Commission discussion
centered on three options :
l. Rezone the entire property as requested.
2. Rezone Browns Bay only per r'tarch 17 , 1980.
3. Retain the �xisting zoning but permit the new
docks with a conditional use permit.
This option would require a finding that the proposed
docks were not a change of a non-conforming use
(prohibited by 31.101) , were not rebuilding of any
prior discontinued non-conforming use (prohibited
by 31. 105) , and would not extend or intensify a non-
conforming use (prohibited by 31. 108) .
The Planning Commission was obviously influenced by
the River' s strong appeal and the many letters from
Orono residents supporting Windward P�arine , for
they never once referred to the previous considerations
of the P7arch 17th meeting. Steve Wilson could not
accept the applicant' s suggestion of a "developer' s
agreement" (meaning covenants) as a means of control.
It could not afford the degree of permanence desired.
Oberhause noted an open space easement filed with
the property designating the necessary limits on
commercial use of the property would give the required
long term control. The Planning Commission agreed.
Planning Commission Recommendations
On April 7, 1980 , the Planning Commission recommended
a complete rezoning as requested by Rivers but with
three stipulations: .
l. No increase in commercial building area
2. No increase in hardcover, including no increase
in parking area
3. No increase in dock use area or number of slips
on Tanager Lake.
These controls were to be limited by an appropriate
open space easement.
Staff Recommendations
This whole proposal boils down to the question of
whether or not the proposed docks are a reasonable or
acceptable use for the Lake and the property in the area.
(Continued)
R�GULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 8
If they are not, or if there are concerns about REZONING
other commercial activity expansion, then there 1440 Shoreline Drive
should be no rezoning. The applicant would then (Continued)
live with the existing dock and buoy layout or
with some rearrangement within the legal Dock Use
Area.
If the proposed docks are reasonable, then the
property should be rezoned to define the proper
Dock Use Area and to permit expansion and realign-
ment of the dock structure. This option includes
rezoning the entire parcel as recommended by the
Planning Commission or rezoning of only that part
affected by the proposed dock realignment: i, e.
only the Browns Bay side of County Road 15.
From . technical standpoint, after review of the
site , �.he record history, the use history and the
CoMpre:iensive Plan, your Planner cannot make a
recommendation either for or against the proposal.
On the one hand, the zoning record is clear and the
use history is such that any vestiges of commercial
use on any of the subject property are clearly non-
conforming uses with no right to perpetuation.
On the other hand, there is obviously local sentiment
to permit Windward the dock reconstruction it desires.
Moving=, the zoning at this time would not be contrary
to the Comprehensive Plan. Most importantly, there
is no physical demarcation point that clearly defines
residential or commercial use in the area and the
aesthetics are similar no matter which proposal is
followed.
Therefore, it seems to me to be a policy decision
for the Council to,make without strong staff recom-
mendation one way or the other. I do think the
Council. s}:ould consider the following points:
l. l:� ;ning is a very strong statement as to the
�`:_ Zcil' s real intent for permanent use of the
lai�3. This is especially important on Tanager
Lake. If the area is to be considered residential,
it should not be rezoned.
2. The option of a conditional use permit would seem
to be unavailable because the necessary findings
would be almost impossible to make.
3. Rezoning of any of the property would horizontally
increase the LI�ZCD' s • definition of allowable dock
use area. (Continued)
' REGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 P�:ge 9
4. The revised dock plan submitted by Mr. Rivers REZONING
:�.may be a "new" dock under LMCD regulations 1440 Shoreline Drive
which could then only extend 100 ft. from (Continued)
shore. The proposal assumes a 200 ft. dock
use area.
5. The only comprehensive planning consideration
seems to be fhe basic one of indicating any
commercial area outside of the MUSA line. The
current lack of sewer and other urban services
thus affects the existing B-2 property as much
as it does this proposal.
6. No matter which option is followed, a proper ,
subdivision of Parcel 2500 should be completed '
by the property owners, with application to and
approval by the City, in order to clear up the
tax records.
The Marina Committee has reviewed the 1980 dock license
including the revised dock layout, and has tabled
the review pending a zoning decision. If the zoning
is denied, the 1980 dock plan would have to revert
to the 1978 layout. If the zoning is approved, a
decision will have to be made on 100 ft. vs. 200 ft.
dock use area and thereafter, the proposed plan
compared to all LMCD setback and performance standards.
Mayor Van Nest reviewed the Planning Commission minutes
of October 18, 1976 , pages 6 & 7, which state:
Mr. Rivers is considering reaching an agreement with
Mr. McMahan to lease or purchase his property to
the north of the Windward Marine . This would include
the residence behind "Mac' s Pizz�" building. P4r. Rivers
is requesting approval for an addition to this residence.
Existing residence is approxi�ately 38 ' from the shore-
line. Proposed adc�ition would extend 9 ' closer to
the shoreline resulting in a 29 ' lakeshore setback
from the present shoreline. The applicant also
has plans to remove the bait shop and the concrete
slab between boat works building and residence.
It should be stipulated that this lot would then be
used residentially until such time when the applicant
would decide to use this property commercially, and
would therefore, be required to remove the residence.
Mr. Olson stated the septic system should be reviewed
and approved by the City Engineer. After considerable
discussion, Van Nest moved, Hake seconded, that a
variance to the 75 ' setback be granted and variance
to area and lot width for construction to addition
and variance to side lot setback and non-conforming
use be approved conditioned on the following:
l. Mac' s Pizza building be removed prior to construction
2. That there be no commercial use made of subject
lot or lots between County Road 15 and Tanager Lake
(Continued)
R'EGULA.R MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 10
3. No commercial boat dockage on Tanager Lake REZONING
including parking 1440 Shoreline Drive
4. No commercial docks be constructed on the main (Continued)
lake side with the exception of existing
service dock for existing bouys
5. The septic system between Mac' s Pizza building
and this house be reviewed by staff and any
required modifications be made per their
direction
6. The building slab and concrete slabs between
the house and marina building to the south be
removed next spring. Hardcover to be removed
no later than June 1, 1977.
7. Subject to the petitioner posting $2 , 000 bond
to guarantee removal of hardcover by June l, 1977.
Motion - Ayes (7) - Nays (0) . "
Mayor Van Nest also reviewed the October 25 , 1976
Council Meeting minutes, Pages 7 & 8, which state:
"Henry Muhich, Building & Zoning Administrator,
stated that Mr. James Rivers , 1442 Shoreline
Drive, (Windward Marina) is considering reaching
an agreement with Mr. Mc�2ahan whereby he would
lease or purchase Mr. McMahan' s property to the
north of the Windward Marine. This would include
the residence behind Mac' s Pizza building.
The existent residence is now only 38' from the
shoreline (Mr. River' � measurement) . However,
the water level is extremely low this year. Mr.
Rivers is requesting approval for an addition to
the house (non-conforming residence in B-2 zone) .
The proposed addition would be 414 sq, ft. in area
and extend 9 ' closer to the shoreline. This would
result in a 29 ' lakeshore setback from the present
shoreline. I do not have the data as to where the
shoreline would be if the water level were at a
929. 4 elevation.
In order to compensate for this additional hardcover,
Mr. Rivers has agreed to remove the existing hard-
cover surface extending to the shoreline between
the Windward Marine building and D4ac' s Pizza building.
This concrete asphalt slab is approximately 2000 sq. ft.
in area. Approximately 1, 200 sq. ft. of this slab
is located within the 75 ' shoreline setback line.
If approved, he would also remove the building that .
previously was used as Mac' s Pizza and more recently
as a bait shop.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 11
In review of this proposal, we might consider REZONING
several conditions, boat display along the County 1440 Shoreline Drive
road and the present sewage disposal system for (Continued)
all buildings.
No pa"rtof this building lies within the 75 '
lakeshore setback but if this slab is also
removed, seepage and filtration would be improved.
Planning Commission Meeting - Ocotber 18 , 1976
The Planning Commission recommended approval of
lot area/width/side setback and lakeshore setback
variances for an addition to the existing non-
' conforming dwelling subject to the following:
l. Removal of the Mac' s Pizza building prior to
construction of the addition
2. Removal of the building slab and the concrete
slabs between the house and the marina building
prior of June l, 1977
3. No commercial use of the subject lot or lots
between County Road #15 and Tanager Lake
4. No commercial use of the subject lot or lots
between County Road #15 and Brown' s Bay except
for the existing buoy service dock.
5. Review of the existing septic system for con-
formance to City code.
6. Posting a $2, 000 performance bond for removal
of the hardcover mentioned in Item #2 .
Paurus moved, Butler seconded, to approve the
variance request for James Rivers, 1442 shoreline
Drive , subject to:
l. Removal of the Mac' s Pizza building prior to
construction of the addition ,
2. Removal of the building slab and the concrete
slabs between the house and the marina
3. No commercial use of the subject lot or lots
between County Road #15 and Tanager Lake
4. No commercial use of the subject lot or lots
between County Road #15 and Browns Bay except
for the existing buoy service dock.
5. Review of the existing septic system for con-
formance to City code.
6. Posting a $2,000 performance bond for removal
of the hardcover mentioned in Item #2.
7. No commercial parking
8. No additional commercial dockage
9. Agreement signed by underlying fee owner
agreeing to all conditions
10. Al1 conditions and variances will become part
of future licenses.
Motion, Ayes (4) - Nays (0) . " (Continued)
i 4
REGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 12
. `
James Rivers : I do not remember agreeing to REZONING
those conditions. 1440 Shoreline Drive �
(Continued)
Mayor Van Nest: The Minutes are clear and are
part of the record.
James Rivers: I would never give away my rights
to commercial uses of the property and my rights �
to use the lake.
Mayor Van Nest: No one has vested rights to use
the lake. Is it not true that the area is zoned
residential?
James Rivers: Yes , but the uses have been commercial.
Lou Oberhauser: Historically, the property has
been used for marina uses. Mr. Rivers does not want
to expand the operation but we do want to clear the �
uses of this property for peace of mind. We feel
proper deed restrictions can satisfy us and control
the uses of the property. rdo one is benefiting if
the property is a no man' s land.
Mayor Van Nest asked if the public had any comments :
There were none.
Councilmember Paurus : It should be made clear that
in any new rezoned area, the dock use area would
be limited to dock lengths of 100 feet.
Mayor Van Nest: Tanager Lake is a very sensitive
Bay receiving pollutants from the Long Lake Creek
and has to be limited to its uses. I really have
problems with dual uses of a piece of property.
We have to determine , by boundaries, what will be
used for residential, and what will be used for
commercial. The shoreline has to be restricted
to its future uses; . again, we cannot guarantee
vested rights to a lake.
As I see it, we have to consider:
1. Not more than 40 boats should be stored at
Tanager Bay
2. They should be stored where they are now
3. Dock length has to conform to LMCD' s regulations
4. The City has requested before and should insist
upon a certified survey showing existing docks
5. Orono' s actions concerning Victoria Grain is
a realistic example of providing open space
easements
(Continued)
R�;GULAR MEETING OF THE ORONO COUNICL, APRIL 14 , 1980 Page 13
6. If areas A & B are rezoned, the residential REZONING
uses are non-conforming 1440 Shoreline Drive
(Continued)
7. If structures are moved, the lots will remain .
residential
8. The lakeshore will never be used for dock
purposes
r
9. Limit boat storage
10 . Lake Minnetonka Conservation District has to
review dock layout
11. No dock uses in front of area C "
12. Designate parking areas in area B
13. Tanager side of A, B, & C should remain
residential. Browns Bay side of A, B, & C
should remain commercial.
Mary Rivers read a letter as a second legal opinion
commenting that the LMCD has full control of the lake
and its uses.
A�ayor Van Nest moved, Paurus seconded, to table the
rezoning request of James Rivers, Windward Marina,
1440 Shoreline Drive, until April 28 , 1980 for
further Council review. Motion, Ayes (4) - Nays (0) .
Alan Olson, City Planner, entered into the record the SUBDIVISION
following request of Ministers Life Development for 1484 Shoreline Drive
1484 Shoreline Drive for a subdivision, dated April 8, #541
1980 , which states: Ministers Life Develop.
Subdivision application - 6 lot plat
Zoning District - LR-lA 2 acre minimum
The applicant proposes a six lot plat of the Halpin
property. The proposed plan attempts to retain the
majestic mood and character of the old estate. The
original plantings have been saved whenever possible
and tied into logical ownership patterns.
Septic Testing - Please review Michael Gaffron' s
meMo of February 25 , 1980. He notes all six lots
will support satisfactory septic systems. He cautions
provision be made to protect designated drainfield
area of Lot 1 during the period of road construction.
(Continued)
, 1�EGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 14
Lot Requirements - It appears that all lots but SUBDIVISION
Lot 2 will meet the required 200 ' of width along 1484 Shoreline Drive
the front line of the house. This variance is a (Continued)
direct result of the developer' s attempt to keep
specific plantings (a line of shrubs or hedges)
tied into the ownership of the estate lot.
Riparian Outlots A & B measure 125 ' and 130 ' in
lakeshore frontage , not the required 200 ' . The
existing structures meet all of the setbacks
for the zoning district. The old caretakers
house on Lot 2 will be removed when a new structure
is built.
Riparian Rights - Three of the six lots have direct '
lakeshore access. The proposed plan would provide
riparian access for Lots 4 & 5 via Smiths Bay outlots.
Lot 6 has no lake access provided although the
developer has requested that such access be
considered. His original plan was to have three
outlots on Smiths Bay, but this was amended following
Planning Commission discussion. The total lakeshore
frontage in this plat is 1, 420 feet of 236. 6 ft./each
of the six lots.
Options for Lot 6 include the following:
l. No access at all (without a major plat rearrange-
ment)
2. Three outlots on Smiths Bay (Planning Commission
recommended only one)
3. Creation of an outlot on Tanager Lake, probably
between Lots 1 & 2
4. Creation of a jo,�nt use outlot (ala Victoria Grain)
for two or more lots - maybe all- to use in
common. This would probably best be located on
Tanager Lake
Council dealt with the same situation in approving
the Hartwood (Pink Palace) and Victoria Grain plats.
One case involved substandard riparian outlots
created by the County road serving interior residential
lots and the other involved the creation of a joint
use dock area because the extensive shoreline was
bordered by a contiguous designated wetland.
Access Location - The Hennepin County Highway Depart-
ment has approved the existing access per letter
dated March 27, 1980. They have enclosed additional
information for a proposed realignment of County Road
15 to ease the sharp curve at Bracketts Point Road.
(Continued)
�. REGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 15
When first inquiring about this plat proposal, SUBDIVISION
the developer was informed that this curve could 1484 Shoreline Drive
have a major impact on the plat because of uncertain- (Continued)
ti�s regarding plat access safety.
The developer discussed the situation with Hennepin
County staff and the developer originally provided
a plat showing a major land dedication (through
Lot 6) to facilitate such a realignment. Hennepin
County has provided a suggested plan for a two lane,
35 MPH realignment. An interim plat suggested an
outlot rather than an immediate dedication. The
current plat shows only a major building setback
line with no land set aside for roadway realignment.
Your planner has three concerns:
l. Safety of access to this plat
2. Safety of access at the existing driveway
across the street from this plat road
3. Safety of access (especially westbound left
turns) onto Bracketts Point Road
The existing curve has had a number of accidents
including 10 in 1974 , 3 in 1975, 6 in 1976 , and
5 in 1978. (1977 and 1979 figures were not
provided by Hennepin County. )
Your planner' s position was originally that this
plat not be approved (for increasing the number
of dwellings) unless the access be improved for
safety. After review of all the statistics, and
after several site inspections, it is apparent
that the proposed (existing) access location for
this plat would be considered adequate without any
change in County Road 15. The Hennepin County
letter of plat review did not even �ddress the
access location. Therefore, I see no reason to
withhold plat approval or tb require any road
access changes.
On the other hand, the City Council must take note
that the existing curve and hill have caused
accidents in the past and will likely continue to
do so. There are hazards for the people living
on the lakeside of County Road 15. Mrs. Connover
of 1489 Shoreline Drive called me earlier this week
to see if any changes were proposed. She stated
she would like to have any help possible to
straighten the road and that she has been complaining
to Hennepin County for years of safety problems.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, APRIL 14, 1980 Page 16
Therefore, even if no change in County Road 15 is SUBDIVISION
necessary for this plat, the Council should consider 1484 Shoreline Drive
some safety improvements to help the existing (Continued)
residents and road users. This may not necessarily
be straightening of the highway as proposed. There
may be other alternatives. The point is that the
issue has been raised and it does deserve more
study. To this end, the plat must be reviewed to
include the possibility of some future realignment.
At the minimum, the suggested setback line should
be mandated with either an open space easement or
a hold harmless type clause to preclude any building
construction near County Road 15 , or if a building
is built, to ensure that some future condemnation
would not have to pay damages. We know that the
road realignment may be a possibility. At this time,
we should preclude any unnecessary expense for the
land owner or the City.
Plat Road - The plat road will be realigned. The
road will be private and designated as a 50 ' wide
outlot with a 100 ' diameter cul-de-sac. The plans
show a proposed 28' wide paved road. Lot 3 will
be served by a private driveway easement through
Lot 2. This will allow the use of an existing
driveway serving the house on Lot 3. (This driveway
is in excellent condition and surrounded by many
mature plantings. )
Planning Commission Recommendation - Please review
the Planning Commission Minutes of March 3, 1980 and
March 17 , 1980 for background information and
recommendation. The Planning Commission approved
of only one single riparian outlot on Smiths Bay
and noted it was not within their authority to
create substandard riparian outlots or create •
artificial riparian outlots via p�at road outlots.
Therefore, they recommended approval of six lots,
three directly riparian, one riparian via an outlot
on Smiths Bay and two non-riparian.
Prelimu7ary approval should contain the following points:
l. Septic requirements approved per On-Site Manager' s
report noting specific concern that steps be
taken by developer to protect drainfield area
of Lot 1 during period of road construction.
2. Access road - existing access location with
relocated interior road as proposed. Plat road
to be designated as an outlot. City to acquire
underlying easements for road and utility purposes.
Lot 2 to grant a private driveway easement in
favor of Lot 3. Reconstruction subject to a
developers agreement. (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 17
3 . Riparian Access - Council to accept Planning SUBDIVISION
Commission recommendaton or to amend it per 1484 Shoreline Drive
alternatives listed earlier. Planner recom- (Continued)
mends alternative 3 or 4 as consistent with
average lakeshore width and with past plat
approvals.
4 . County Road 15 - Council should require some
easement or agreement to protect future options
to improve safety for Bracketts Point Road, etc .
5 • Park Dedication Fees required for four new
sites (six lots less two existing dwellings)
Mayor Van Nest moved, Butler seconded, to give
preliminary approval to the subdivision request
of Ministers Life Development Company for 1484
Shoreline Drive, subject to all Planning Commission
recommendations except that each of the six residential
lots will be permitted riparian access to Lake
Minnetonka because total lakeshore width exceeds
minimum requirement for six lots in the RR-lA zone.
Lots 1 , 2 , & 3 are to have direct lakeshore access
Lot 4 is to have access via Outlot B on Smiths Bay
Lot 5 is to have access via Outlot A on Smiths Bay
Lot 6 is to have access via riparian outlot on Tanager
Lake .
All riparian outlots are to be restricted by open
space easement. Each outlot is to have no more
than one dock with no more that a total of two
boats per outlot at the dock, mooring or stored
on land.
In addition, Lots 4 , 5 , & 6 are subject to restricted
building line of 150 ' setback from the County road `
with open space easement to preserve future options
for improving highway safety at this location.
Motion, Ayes (4) - Nays (0) .
Jeanne Mabusth, Zoning Administrator, entered into CONDITIONAL USE PERMIT
the record the request of Loren Butterfield, 3925 3925 Watertown Road
Watertown Road, dated April 9 , 1980 , which states : #543
Mr. Butterfield seeks a conditional use permit to Loren Butterfield
do the following:
l. Replace an existing 36 ' X 100 ' greenhouse
2. Construct a new 30 ' X 60 ' storage shed attached
to an existing greenhouse
3 . Construct a new 60 ' X 190 ' greenhouse
(Continued)
�. R�GULAR DIEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 18
Mr. Butterfield was granted a conditional use permit CONDITIONAL USE ��rRMIT
in September, 1972 to allow the commercial greenhouse 3925 Watertown Road
operation and approve the existing buildings. In (Continued)
the succeeding years , he has reguested conditional
use permits to construct additional greenhouses on
his 20 acre site. Council has approved each
application and to my knowledge has never set a
limit as to the size of the operation. The nursery �
operation covers approximately a quarter of his
property.
All of the proposed structures meet the setbacks of
the RR-lA zoning district. The current operation
involves a minimal number of employees - part-time
if any, famil_y �run operation. There is no retailing
done on the premises so customer parking considerations
are not necessary.
Screening was not addressed by the Planning Commission
as the topography on the east side of lot makes
screening most difficult. The Luce Line is approximately
600 ' from the operation and the trail in that area
is located at the bottom of a steep incline.
The Planning Commission reviewed the application and
recommended approcal at their April 7, 1980 meeting.
Council Meeting - April 14 : ;.980
Mayor Van Nest moved, Butler seconded, to approve
the coaditional use permit request of Loren Butter-
field, 3925 Watertown Road. Motion, Ayes (4) -
Nays (0) .
Alan Olson, City Planner, entered into the record STUBBS BAY REZONING
the Stubbs Bay Rezoning Agreement dated April 8, AGREEMENT
1980, which states :
We have finally received the retyped agreement•signed
by Mr. McCleary. The agreement is in your packet
attached to the 1980 Stubbs Bay Marina License
Resolution.
The agreement is identical to the scratched-up
version adopted February 11, 1980, except as follows:
- Date changed to March 28, 1980
-#5 Technical change per APO' s recommendation to
clarify flood elevation requirement
-#7 McCleary has crossed out portions requiring
outlot combination with a residential lot,
as discussed at Council meeting. (Continued)
. REGULAR MEETING OF THE ORONO COUNCIL, APRIL •14 , 1980 Page 19
-#16 McCleary crossed out reversion to single familv STUBBS BAY REZONING
if agreement breached, as added by Council AGREEMENT
(Continued)
-#17 McCleary added reversion to B-2 zone if Council
does not approve plat per agreement
The Council should decide, with Bruce Malkerson' s
assistance, if these changes are material or accept-
able to the agreement. Items 7 & 16 seem to me to
be the most significant differences.
If these changes are acceptable, or are further
changed with McCleary' s agreement, the Mayor and
Mr. Benson should sign the agreeme�t, and thereafter,
approve the dock license.
If these changes are not acceptable , the Council
should table the dock license.
Council Meeting - April 14 , 1980
Mayor Van Nest moved, Butler seconded, to approve
the Stubbs Bay Rezoning Agreement, as amended.
Motion, Ayes (4) - Nays (0) .
Alan Olson, City Planner, entered into the record FOYHILL ASSOCIATION*
the following concerning the Foxhill Association 1980 Dock License
joint use dock licenses, dated April 7 , 1980,
which states:
Staff recommends approval of the 1980 joint use dock
license as the Homeowner' s Association will comply
with the necessary setbacks and construct 13 slips
• as approved in the 1979 license. The chairman,
Mr. Beal, stated that they do not intend to go
. with their original plan requiring� setback variances
for the dock.
Council Meeting - April 14 , 1980
Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1133*
#1133, A Resolution Directing Staff To Issue A Foxhill Association
Joint Use Dock License To Foxhill Homeowner' s 1980 License
Association Subject To Conditions Noted Herein
For The Period Of January l, 1980 To December 31,
1980. Motion, Ayes (4) - Nays (0) .
. RwGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 20
Alan Olson, City Planner, entered into the record STUBBS BAY MARINA
the following concerning the Stubbs Bay Marina 1980 License .
1980 license, dated April 7 , 1980 , which states : �;
Staff recommends approval of �he 1980 Stubbs Bay
Marina license subject to the conditions agreed
upon in the Rezoning Agreement and repeated in
- Exhibit A of the enclosed license.
Council Meeting - April 14 , 1980
Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1134
Resolution #1134 , A Resolution Directing Staff To Stubbs Bay Marina
Issue A Commercial Dock License To Stubbs Bay 1980 License
Marina SubjectTo Conditions Noted Herein For The �
Period Of January l, 1980 To December 31, 1980.
Motion, Ayes (4) - Nays (0) .
Jeanne Mabusth, Zoning Administrator, presented MARINA COMMITTEE
the City Council with a report on the April 9, MEETING*
1980 Marina Committee meeting, which states:
Sailor World at Paul' s Landing - John Vogt,
Richard Anderson and Gary DeSantis, the new owners,
were present. They informed the Committee that
Paul Fahlin leases the fishing boat rental, bait
and food sales operation. Paul ' s involvement will
be phased out in six years and the new management
plans to limit the operation to the service of
sailing boats. The r7arina Committee recommended
approval of the 1980 license application based on
a reduction in boat rental operat�.on, no special
"fishing contests" scheduled and 1980 resolution
to specify excessive complaints from neighbors on
parking violations will result in immediate
reduction in operation. A full report on the
application"will be presented at the April 28, 1980
Council meeting. a�,
Windward Marine - James Rivers was present. The
Committee advised him of the difficulty in reviewing
the proposed site plan until Council decides on the
rezoning application. The Committee stated they
preferred the floating dock arrangement to the
buoys especially given the wind considerations of
that bay. The application was tabled until Council
acted on the rezoning application.
North Shore Marina - Larry Hork and his attorneys,
Bruce Douglas and Steven Emmings were present.
Mr. Douglas notified the Committee of a pending
litigation that would "finally" decide the standards
or methods used to measure dock lengths. He advised
us that recent contacts with the City Attorney would
suggest that the Committee could approve of the
operation up to the 200' demarcation. The Committee
tabled the application pending advice of the City
Attorney. (Continued)
�
REGULAR MEETING OF THE OROP10 COUNCIL, APRIL 14 , 1980 Page 21
North Star Marina - Paul Kempf was present. He MARINA COMI�4ITTEE
was advised that we still have not received the MEETING*
site plan for 1980 requested with current application. (Continued)
Mr. Kempf stated he would get one prepared imme�l�,ately.
Committee tabled this application pending receipt
of the 1980 plan.
Council Meeting - April 14 , 1980
Butler moved, Hurr seconded, to approve the above
Marina Committee r4eeting report of April 9 , 1980.
Motion, Ayes (4) - Nays (0) .
Dick Benson, City Administrator, presented the City TRAFFIC� COUNTS*
Council with a memo from John Gerhardson, Public Ring Route Road
Works Coordinator, concerning traffic counts on
the ring route road, dated April 11, 1980 , which
states:
The following is the most recent twenty-four hour
traffic counts on the Ring Route:
March 31-April 1 1, 361
April 1 -April 2 1, 405
April 2 -Ap.ril 3 1, 482
April 3 -April 4 1, 308
April 7 -April 8 1,438
April 8 -April 9 1, 360
April 9 -April 10 1, 322
April 10-April 11 1, 363
Council r4eeting - April 14 , 1980
Butler moved, Hurr seconded, to approve the above
twenty-four hour traffi� counts on the Ring Route
Road. Motion, Ayes (4) - Nays (0) .
Steve Qunicey, City Engineer, presented the City DRAINAGE PROBLEM
Council with a letter from Glenn Cook, regarding North Shore Drive
storm drainage on North Shore Drive, dated April 14 , Charles Pihl Property
1980, which states:
"�ae have reviewed the drainage concerns expressed
at the public hearing on North Shore Drive. The
attached plan and profile indicates that the rock
rip rap placed at the pond outlet into Lake Minnetonka
(Point 1) does restrict the flow slightly (0. 2 feet) .
The water elevation upstream of the Pihl' s property
is not affected appreciably by any work completed
on the channel but by the elevation of Lake Minnetonka.
(Continued)
, RF;GULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 22
The restriction may create a greater difference DRAINAGE PROBLEM
between lake level or pond levels at periods of North Shore Drive
heavy flow but again we would only assume this to (Continued)
be very minimal.
If you need additional information, please contact
this office. "
End of letter
Mayor Van Nest moved, Paurus seconded, to direct
Dick Benson, City Administrator, to notify Charles
Pihl, 2605 North Shore Drive, to remove all foreign
material in the natural waterway, rip rap and
fencing. If this is not accomplished in a reasonable ,
time-frame, City staff are to notify the Minnehaha
Creek Watershed District for assistance. Motion,
Ayes (4) - Nays (0) .
Mayor Van Nest moved, Paurus seconded, to adopt RESOLUTION #1135
Resolution #1135, A Resolution Establishing And MUSA Line
Legally Defining The Location Of The Metropolitan
Urban Services Area Within The City Of Orono.
Motion, Ayes (4) - Nays (0) .
The following letter was mailed to the Metropolitan MINNETONKA BLUFFS
Waste Control Commission from Glenn Cook, City Connections
Engineer, concerning the Minnetonka Bluffs Sanitary
Sewers, dated March 25, 1980 , which states :
"The City of Orono has received three requests for
lateral sanitary sewer service adjacent the force
main interceptor constructed in 1979.
The City desires to connect to the interceptor at
the three locations shown on the attached plan.
Please provide information relative to requirements
for connection, static head, existing and ultimate
hydraulic head, and metering requirements. �4e
would also like a copy of the hydraulic profile
of the interceptor for our files.
Please provide the requested information as soon
as possible. "
End of letter
Steve Quincey, City Engineer, presented the City SEWER SURVEY P.ESPONSE
Council with a recap of the questionnaires that
were returned to date, April 11, 1980, concerning
a sewer survey for the Minnetonka Bluffs , Orono
Lane, �aest Ferndale, and County Road #15 areas.
R�GULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 23
Dick Benson, City Administrator, presented th� FINANCING PROPOSED
City Council with a memo prepared by Tom Kuehn, SEWER PROJECTS
Finance Director, regarding possible financing
for sewer construction p�.-rojects, dated April 11,
1980 , which states :
I have reviewed the alternative to financing the
North Shore Drive and Minnetonka Bluffs/�aest
Ferndale sanitary sewer projects during 1980.
Between the time of beginning construction and the
time that permanent financina is established,
the City may loan from other funds to the construct-
ion fund. At this time , the only fund with sub-
stantial available monies is the Sewer Debt Fund.
I have reviewed the procedures briefly with Phil
Chenoweth of Ehlers , the City' s financial consultant.
If we decide to borrow sewer debt monies, the loan
should be treated as a temporary improvement
bond. Alsoa these "bonds" should bear interest
at the going rate. At this time, that interest
rate would be 7o per annum (the State ceiling
for municipal bonds) . The bonds would be due
within three years , but permanent financing should
be established as soon as possible. The maximum
amount we could borrow would be that amount which
would not be needed for debt service requirements
within the three year term of the temporary bond
�� issue. At this time, I estimate that we have from
$500 , 000 to $550, 000 on monies available for loan
purposes.
However, I must advise extreme caution at this
time if we consider this aoproach. It must be
remembered that the issue could run only three
years, and before the end of the three years period,
permanent financing would have to be obtained. ,
Mr. Chenoweth stated that the market has been
saturated with temporary issues and that means
there will be many issues requiring permanent
financing at the same time as ours.
If perr.ianent financing were available now, we
could issue special assessment improvement : bonds
and assess that portion of the costs by which the
various properties were benefited. This would
require an appraisal of the property before and
after the project. The balance of the costs , if
any, could be put on a general tax levy. The City
levies about $22 , 000 annually for bonded debt now.
The per capita levy limit (based on the latest
�ederal census) for bonded debt is $54. 00 generally.
With a population of 6 , 787 in 1970 , this means
. we could levy up to $366 , 498 for payment of bond
principal and interest.
� ' �:
, �.
. R�GULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 24
Mayor Van Nest moved, Butler seconded, to accept RESIGNATION
the resignation of Councilman Walter B. Massengale Walter B. r�assengale
from the City Council, effective immediately.
Motion, Ayes (4) - Nays (0) .
Resignation Letter - Page 25
Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1130
#1130, The Robert L. Searles Meritorious Service Walter B. Massengale -
1�ward Conferred Upon Councilman Walter B. Meritorious Award
Massengale. Motion, Ayes (4) - Nays (0) .
Mayor Van Nest moved, Hurr seconded, to declare a DECLARE COUNCIL VACANCY
vacancy on the City Council due to the resignation
of �Valter B. Massengale, effective immediately.
Motion, Ayes (4) - Nays (0) .
Mayor Van Nest entered into record as information 201 FACILITIES PLAN
Bruce Malkerson' s memorandum concerning the
status of 201 Facilities Plan, Systems Overview -
Preferred Plan, dated April II, 1980.
Memorandum - Pages 26-33
Mayor Van Nest also entered into the record as
information his letter to the Metropolitan Waste
' Control Commission regarding the 201 Facilities
Plan Systems Overview - Preferred Plan - Maple
Plain Sewage Treatment Plann, dated April 10 ,
1980.
Letter - Pages 34-41
- • Telephone 9T37357
' . Page 25
� _*� � �
- =����::;�:��. cITY of 4ROl�To
: . :�
_. � ' �="�-�'�� �• Yust Uffice Rox 66•Crvstal Bay, Minnesota 55323•Municipal Offices
�.—;/.P,�`�''`
_-�o . On the North Shore oj Lake Minnetonka
'.��- .
� ��'_r..����
W.:�..J.�
April 8, 1980
To the members of:
The Orono City Council
Dick Benson, City Administrator, Orono
Residents of the City of Orono
This letter is to inform you that I have accepted a position with
the Rockwell International Corporation, effective immediately.
This will require that I move to southern California. Accordingly,
it is with a great deal of sorrow that I tender my resignation
as Councilman.
It has been a very pleasurable experience to serve the citizens
on the the City Council. Orono is the greatest place to live
I have ever been. I am going to miss it.
To the City staff and Dick Benson:
Your support of the Council has been outstanding and I commend you
for your loyalty and dedication to the City.
To the Council :
Your dedication to the City is admirable. Each of you has made
a truly significant contribution of time , effort and loyalty which
deserves recognition. You have some significant challenges ahead to
protect the quality of life in Orono. It is extremely important
for the future.
To the residents of Orono:
I have enjoyed serving you as an elected official. You also
have a challenge to participate in local government, voice your
opinions to the Council and City staff, and protect your environ-
� ment.
Good-bye and God be with you.
Walt Massengale
Page 26
POPHAM, HAIK, SCHNOBRICH , KAUFMAN & DOTY, LTD.
o C � � O � C
D
A�R g Lggp -
MEMORANDUM
TO: Mayor William B. Van Nest �TY OF OROf�((�
City Council of Orono
FROM: Bruce D. Malkerson
DATE: April 8, 1980
RE: Status of 201 Facilities Plan
Systems Overview - Preferred Plan
On Wednesday, April 2, 1980, I was contacted by A1 Larsen,
Facilities Section, of the Minnesota Pollution Control Agency,
who informed me that there would be a meeting of the Metro-
politan Council Staff, Metropolitan [aaste Control Commission
Staff, and the PCA Staff at the PCA Building on Monday,
April 7, 1980, at 1 : 00 P.M. , to discuss Orono ' s objections
to that portion of the 201 Facilities Plan showing the con-
struction of an interceptor from the City of Maple Plain
through rural Orono to the City of Long Lake. In response
to my questions, Larsen stated that he had reviewed Orono ' s
objections that were previously mailed to him on March 6 ,
1980, and he stated that the PCA staf� will be recommending
the preferred plan as outlined in the 201 Facilities Plan
which was for the construction of an interceptor from Maple
Plain to the Ca.ty of Long Lake . He stated that there was a
. need for the MWCC to act as soon as possible by recommending
the pref�rred plan so that the preliminary design plan could
be commenced immediately so that public hearings could be held
c1'ti the 201 Facilities Plan in June of 1980. T' asked him when �
the MWCC would review this matter and he stated that the MWCC
would review it on the next day, Thursday, Apri1 3, 1980, at
2 : 00 P.M, i objected to his not informing us previously of
the NIS9CC meetinq and objected to his scheduling a meeting
w�th_ staf� subSequent to the date upon which the r�IWCC was to
a_ct on the 20.1 Facilities Plan.
A�ter talking with Larson, I informed the City of Orono con-
cerning these developments. I also called Representative
Bob Searles who stated to me that he would do whatever he
could do to assist the city in having that portion of the
201 Facilities Plan relating to Maple Plain and the City of
Orono tabl�d until the maypr and city staf� had had an adequate
Page 27 .
opportunity to review their objections with the MWCC, Met
_ Council and PCA staff. Bob Searles stated he would be
available to appear the next day and testify on behalf of
Orono if I wanted him to do so.
Thereafter, I spoke on several occasions to John Tomaselli,
who is the 201 Facilities Plan P�anagement Coordinator , and
explained to him all of our objections . fle stated he had
assumed that all of our prior objections, had been satisfied
because the P�IWCC had amended its recommendation to provide
for a force main interceptor instead of a gravity interceptor
across rural Orono. I indicated to him that the city objected
to the construction of any interceptor for the reasons outlined
previously in the P4arch 6, 1980 letter. I told him that
although we had asked for answers to several questions from
the PCA and the MWCC, the answers had not been given to us
and therefore we felt that our substantive and procedural
due process rights were being denied. I informed him that .
based upon the facts available to us to date, it is the
city' s position that we will do anything to prohibit the
construction of the interceptor because of the adverse
effect it will have on the environment and land use policies
of the City of Orono.
Tomaselli was very upset that there had not been a previously
scheduled meeting with the MWCC, PCA, Met Council and Orono
staff. He indicated a willingness to postpone any action on
that portion of the plan having to do with P4aple Plain. He
stated that the federal government will not fund a pipe that
induces any growth, and will fund only if the pipe takes
care of an existing pollution problem. He stated that he
will be glad to design the pipe in any way to guarantee that
it cannot be used for expansion. I indicated to him that
unfortunately once the pipe is in the ground, those s�rt of
guarantees are not effective.
I also called Sal Adams, who is the chairperson of the MWCC,
but was not able to get together with him until immediately
prior to Thursday' s meeting.
On Thursday morning, April 3, 1980, I met with John Tomaselli ,
Ray Odde, Ray Payne and Paul Deitz of the MWCC to explain my
objections and to ask for the tabling of that portion of the
plan relating to Orono. At that time, Tomaselli said he
would make the staff recommendation that the action be
tabled until after the staff ineeting scheduled for Monday.
' . , Page 28
Zmmediately prior to the meeting of the P�iWCC commissioners, I
spake with Sal Adams concerning Orono ' s objectives. There-
after, I called Bob Searles and stated there was no need for
him to attend. Immediately prior to the meeting I met with
Sal Adams and Richard Dougherty, administrator of the MWCC,
and he stated to me that he would be willing to recommend
that the 201 Plan be amended to show an upgrading of the
Maple Plain plant during the next five years to remove the
phosphorous, to �imit the infiltration and inflow, and to
delay any decision on whether or not to upgrade the plant
, further and/or construct an interceptor until 1986 . I told
him that that was acceptable. �
I stayed for the presentation to the MWCC to make sure that
this understanding would be read into the record. During
• the presentation on the 201 Facilities Plan, in regard to
Maple Plain, Dougherty said basically as follows :
"In regard to the Maple Plain plant and the preferred
recommendation of the consultants to construct an
interceptor from Maple Plain to Long Lake, this
recommendation should be changed and any action of
this sozt will be placed in Class B category.
(Class B category is a category of decisions not to
be made until 1986 . ) After reviewing the results of
the NPDES reports, we have more important needs. We
can delay any decision on the Maple Plain plant, but
there should be some Class A efforts (commitments
immediately started in 1981) . To get the City of
Maple Plain to undertake an T & I Study because there
is a considerable amount of infiltration and an
excessive amount of inflow. The city must do its own
I & T study'and thereafter must reduce the infiltration
and inflow at their own expense. It is their respon-
sibility. The plant generally provides excellent
treatment. I believe that any problems at the plant -
are due to failures and can be solved. We will modify
the plant now for phosphorous removal as we did in
the cities of Stillwater and Cottage Grove at very
little cost. Stillwater is now one of our best
plants after modification. In 1986 , we will then
decide whether or not to replace or upgrade the plant
or to replace it with an interceptor or to make
further improvements. "
It is my understanding that the ��iWCC has tabled any action
on this matter until the next meeting which is April 15, 1980 .
_ ' Page 2 9
' :
I did not attend the staff ineeting of Monday, April 7 , 1980 .
Mayor Van Nest and Dick Benson did attend that meeting.
Dick just informed me that at that meeting, the PCA staff
said that they wou�d not agree with Dougherty' s prior
recommendations and that the interceptor should be built
immediately. The PCA staff said that no EPA funds would
be allocated for the Medina-Orono Bypass unless the Bypass
were built with sufficient flow capacity for the Maple
Plain plant. Larsen of the PCA stated there is no permit
for the Maple Plain plant and it therefore must be removed
from the system now. "The plant is inoperable. "
Apparently the MWCC staff supported the PCA' s positions .
The PCA and NiWCC staff said that otherwise the City of Orono
and City of Medina would have to fund the project with local
money. It was reported that the 1980 EPA money was frozen,
and that the City of Medina could apply for 1979 funds if
the Bypass were oversized for the Maple Plain flow.
The Mayor and Dick outlined all of the City' s objections to
the interceptor.
The Mayor, Dick and I will meet this Thursday to review the
City' s next steps which will probably be as follows :
1. Draft and send a comprehensive letter to all MwCC
commissioners and MWCC, PCA and Met Council staff
outlining our objections .
2. Lobby our MWCC and Met Council representatives,
Sal Adams, Bob Searles, and George Pillsbury.
3. Prepare for and attend the MWCC meeting on the 201
Plan scheduled for Tuesday, April 15, 1980 at 2 : 00 p.m.
..�
,+�:;;
At that meeting, i suggest that the Mayor read into the record �
our objections and that I be available for any legal arguments .
Hopefully, Bob Searles would be available for testifying
from written materials, if necessary.
I just spoke with John Thomaselli, MWCC project manager for the
201 Plan. He said he was surprised to hear from me that the PCA
staff would not accept Dougherty' s recommendations and stated
that he would investigate the matter immediately. He assured
me that he had told his staff inembers, who were to attend
the April 7 meeting, to listen only and report back to him.
Thomaselli stated that the PCA has the power to deny al1 or
' � Page 30
part of the funding for the entire 201 Plan and could
close down the Maple Plain plant. He stated he had heard
before that the PCA staff was following a written policy
statement of the PCA stating that there should be no dis-
charge from any plants into Lake Minnetonka.
Thomaselli suggested that perhaps the MWCC would submit the
201 Plan with Dougherty' s changes to the PCA and see what
happens. It may be that we will need to appeal that staff
position and policy, if it exists, to the PCA Board for
Modification.
Attached is a resolution offered at the last MWCC meeting
which shows support from one commissioner, at least, for
Orono' s type of philosophy.
cc: Walter Benson
Glen Cook
�
. . Page 31
. . ; . ` l (��
�i� .r. — RESOLUTIO�
ON 201 PLA�V RECOi�MENDATION
� 1ti2�� �`-'n�� �' i�u:...�
PRESE�dTED F�Y M, E . RA��SDELL
I �lOULD P�IOVE ADOPTIO�J OF THE 201 FACILITIES PREFERRED PLAPJ
PRESE�ITED BY STAFF A�1D PEAT, f�1ARWICK, ��ITCHELL & CO3 SUBJECT
_ ' : i � �, ,-
TO THE FJLLO��I��� CONDITI O'VS : '� `�� �� F �� ' '� ' � ' '` �"
� • `-- ... ., . !, -
, . � S� �e� v , �`�'� �>�
(1) PRIORITY OF THE PLAN SHALL BE TNE ELI^1INATIO�� OF COMBIfJED
SEWER FLO�! TO METROP�LITA�� WASTE TREAT��E�JT FACILITIES,
WITH PRIMARY Ei�PHASIS ON THE METRO PIGS EYE PLAPdT .
' � g � �;.� ►�� d� l�-�1��, � W l�u.��� � U � ��� ,_
(2) COST STUDIES WILL BE i�I�DE TO INSURE THAT THE MAJORITY OF
TNE COSTS RELATI�JG TO CORRECTION OF CSO FLO��� WILL BE BORNE
BY ThE CURRE��T CSO OW�JERS ,
(3) THE METROPOLITA�I WASTE TR�ATf�E��T PLAf�T AT PIGS EYE ��ILL
. NAVE ALL EXPAPJSIOI� PLI�?vS, EXCEPT TNOSE IP1 PROGRESS, PUT 0���
HOLD OR DISCONTINUED, "
____---,
;
(4) PLANN I�dG W I LL COMMENCE I��MED I ATELY FOR �ECErJTRALI ZAT I O�J AND �'
REG I O�VAL I ZAT I O;d OF TREATi'fENT P LANTS � Sc�V I CE Af�EAS W I LL
BE RECONFIGURED, CREATI"aG NE'►� REGIONAL SERVICE AREAS WHICE�
WI LL LI M IT THE METRO, P I GS EYE, PLA'VT TO TREATME�dT OF
"1I N�dEAPJLI S ST PAUL, A��D AT TNC MAXI MUM F I RST RI NG SUBURBS,
EFFLUEiVT . •
� � � PAGE 2 Page 32
MWCC—RESOLUTIO(�d 0�� 201 PIJaN � RECOMf`1EidDATIOf�
P_R�SE�ITED �Y M, E , RAMSDELL
(4) y0 PLA��S WILL BE �^1ADE TO ADD ADDITIONAL FLOW TO THE METRO
'� � PLA^!T BY ADDITION OF I��TERCEPTORS AyD ALL CURRENT TREATMENT �
PLANTS t�I LL BE CONTI�JUED I �V OPERATI0�1 ,
(5) ALL I NTERCEPTOR PLAr�N I NG, PLANT EXPA�JS I O�J OR UPGRAD I�aG WI LL
-���,�,,. . .
���'-�� BE FURTHER DELAYED UyTIL A CO��PLETE REVIEW OF POPULATION
GROW A� AP G
TH JD Cfi � ES I rd D I STR I BUT I O�J CAN BE VER I F I ED AN�
AfJALYZED BASED O�d THE 198J CET�SUS ,
(6) THE 201 PREFERRED PLA�J SI�ALL I'VCLUDE AN Ii�DUSTRIAL PRE—
TREATMEi�T SECTION WITH COMMITTME��T OF RESOURCES TO ELIMINATE
INDUSTRIAL WASTE CONTAMINaTION OF SLUDGE , If�J A,DDITION A STUDY
WILL BE COMPLETED, IN CONJUNCTION WITf� THE INDUSTRIAL WASTE
STUDY, WHICH �IILL DETERMI�VE IF THE CURREyT ASH CREATED AT METRO
IS IN FACT A HAZARDOUS WASTE.
(7) THE 201 PLAy SfIALL IPJCLUDE AS PRIORITY THE UTILIZATIO�a OF
SLUDGE AS A RECYCLED PRODUCT WITFI I��CIj�ERATIOPd O��LY UTILIZED
AS REQUIRED.
(8) THE 201 PLAN 'S PRIMARY UTILIZATION OF SLUDGE SHALL BE A
RECYCLED PRODUCT AND RESOURCES WILL BE PROVIDED TO EXPLORE
INNOVATIVE TECNNI�UES FOR REUSE AS A SUBSTITUTE TO CONSERVE
CURRE�ITLY USED DEPLETING "�ATURAL RESOURCES .
� . . PAGE 3
� ' h"i�JCC—RESOLUTIO�� 0^a 201 PLAN RECONII��9� Page 33
PR��FyT D BY M , E, RA"ISI�ELL �
(9) UNTIL FINAL WATER STAiVDARDS ARE ESTABLISHED BY THE EPA, '
ALL PLANtd I�VG APPROVALS ARE CONS I DERED 'RELI MI NAP,Y APJD FOR
PLA���1NG PURPOSES O��JLY,
' � • • Tc)cph�m� 4-.,�:i:,'
,
_ - � . Page 34
. . f� �- ^� C I��Tt' o�� ���i�T 0
�
- ::��_,.:_-.
''� � - - � Post Uffice Box 66•Crystal Ba�•, Minnesota 55323•Municipal OfficeF
- :�.:_' " •�
e '�
- � On ihe North Shore oj Lake Minnetonka
~� �:-
.� '�.� '�
_��:
April 10 , 1980
Metropolitan �:aste Control Commission
350 Metro Square Building
St . Paul , N,innesota 55101
R�: 201 Facilities Plan Systems Overview -
Preferred Plan - Mapl'e Plain Sewage Treatnent Plant
City of Orono
Ladies and Gentlemen :
On March 28 , 1980 , we received a redraft of the 201 Facilities
Plan Overview - Preferred Plan . The City Council , planner ,
engineer and attorney had previously studied at length the
prior drafts of that plan and the impact of certain portions
of that plan on the future of the City of Orono and the water-
shed in which it is located .
On page II-2 of the plan, it shows that although the 208 plan
recommended the expansion with phosphorous removal of the
Maple Plain Sewage Treatment Plant , the 201 plan recommended
the construction of an interceptor from the Maple Plain Sewage
Treatment Plant across ru�ral Orono to the Long Lake PS and
thence to tYie Blue Lake Treatment Plant. This alternative
was also discussed on pages II-8 , III-2 , and IV-2 of the
plan. - �
We have previously met on several occasions with the MWCC and
PCA staff and documented our objections to the construction of
a $1.5 million interceptor across rural Orono.
. � . Page 3S
Metropolitan t�7aste Control Commission
April 10 , 1980
Page Two
The city believes that the proposed interceptor will have a
materially adverse effect on the environment and there are
numerous feasible and prudent alternatives available ��hich
are less costly in dollars and have less of an adverse effect �
on our natural resources . Even if one or more of the alterna-
tives, other than the interceptor , are more costly in dollars ,
which we �)oubt, such an alternative will have less adverse
impact on our natural resources and increased cost is no
excuse for damages to these resources; see N.�innesota Statutes ,
§116B .04 .
At the MWCC meeting on Thursday , April 3 , 1980 , we were pleased
to hear Chief Administrator Richard Dougherty ' s recommendation
that the Maple Plain Sewage Treatment Plant be modified immed-
iately to remove the phosphorous discharge at low cost, and
that any decision on an interceptor across rural Orono be
delayed for at least five years . �
Our notes from that meeting show that Mr. Dougherty made
basically the following statement:
"In regard to the Maple Plain plant and the preferred
recommendation of the consultants to construct an
interceptor from Maple Plain to Long Lake , this
recommendation should be changed and any action of
this sort will be placed in Class B category. ( Class
B category is a category of decisions not to be made
until 1986 . ) After reviewing the results of the NPDES
reports", we have more important needs . We can delay
any decision on the Maple Plain plant, but there should
be some Class A efforts ( commitments immediately started
in 1981) to get the City of Maple Plain to undertake
a I & I study because there is a considerable amount
of infiltration and an excessive amount of inflow.
The city must do its own I & I study and thereafter
must reduce the infiltration and inflow at their
expense. It is their responsibility. The plant
generally provides excellent treatment. I believe
that any problems at the plant are due to failures
which can be solved. We will modify the plant now
for phosphorous removal as we did in the cities of
Stillwater and Cottage Grove at very little cost.
Stillwater is now one of our best plants af ter
. � Page 36
Metropolitan 47aste Control Commission
April 10 , 1980
Page Three
modification . In 1986 , we will then d�cide ��hether
or not to replace or upgrade the plant or to replace
it with an interceptor or to make further improvements . "
We apologize for any inadvertent misrepresentation of r;r .
Dougherty' s statement. t•7e believe that the above recommenda- .
tion is sound for several reasons :
1. The Maple Plain Sewage Treatment Plant is and should
be a decentralized and regionalized plant that can and should
continue.
2. There is no reason to eliminate the Maple Plain
Sewage Treatment Plant and thereby increase the pumping and
treatment costs downstream forever .
3 . Recent population projections show there is no
need to provide an interceptor across rural Orono. These
projections �vill be confirmed by the results of the 1980
census.
4 . The phosphorous discharge can be eliminated at
little cost, approximately $30 , 000 .
5. With the lack of federal monies, the high interest
rates , and the increased tax load on our citizens , it does not
make economic sense to waste our few dollars on this proposed '
interceptor.
b . If the interceptor ��ere built, its adverse effect
on the environnent ��ould be greater than the present adverse
effect of the �hosphorous discharge , which discharge can be
easily eliminated for $30 , 000 .
Because we believe you are tamiliar with reasons 1 through 5 ,
we will briefly discuss only reason number 6 .
The 1971 Harza study that was undertaken for the PCA shows
that presently the Maple Plain Sewage Treatment Plant is dis-
charging 3 . 3 mg. of phosphorous per liter and the proposal is
to reduce that discharge to 1 mg . per liter. The PCA staff
has stated that 1 mg , per liter standard is applied to the
effluent because of its discharge to Lake Minnetonka,
,, ' Page 37
.
Metropolitan Waste Control Commission �
April 10 , 1980
Page Four
This discharge standard can be met by minor plant modifications .
The construction of an interceptor would result in an even .
greater nonpoint phosphorous discharge into Lake Minnetonka.
The lakeshore around Lare r9inneton}:a has 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, t�7innetrista , Indepenaence and Medina are rural in
nature. If one builds an interceptor across this rural area ,
then laterals will be extended someday from that interceptor
forcing dense urbanization of the property in order to pay
for the cost of the installation of the trunks and laterals .
The Harza study shows that this sort of urbanization will
lead to the pollution of the watersned and Lake Minnetonka
because of the increased phosp}�orous load which would be in
the surface water runoff. It is a well known fact, with which
everyone agrees , that the amount of phosphorous increases with
urbanization. When urban development occurs , the function of
the natural drainageways and filtr�tion system is adversely
affected in three ways: The speed and quantity of the storm
water runoff are increased , and the absorption ability of the
land is eliminated with hardcover (houses, driveways , roads ,
etc. ) . This increase in the speed and quantity of storm
water runoff causes the third adverse effect, which is the
increase of the amount of nutrients which are contained in
the storm water runoff which now has less time in the natural
marsh filtration system to be purified before entering the
lake. Nutrients contained in dying vege�ation, lawn fertilizers ,
and from other urban sources are discharged into the lake faster
and in greater guantities as the level of urbanization increases .
The Hickok report entitled "Storm �9ater Impact Investigation '
for the Metropolitan Council , " November, 1972 , revised
February, 1973 , shows that in an urbanized area, as much
as 3 . 68 pounds of phosphorous per acre is generated versus
. 3 pounds per acre of discharge in a two acre minimum lot
size zone. When you install trunks and laterals around the
lake, it is very expensive , as high as $12 ,000 per unit,
and therefore you force intense urbanization with the
resulting adverse environmental effect. This cycle is best
shown in the attached chart.
• Page 38
' s�.
Metropolitan ��7aste Control Commission
April 10 , 1980
Page Five
The City of Orono, through its council and staff , has studied
this problem for over eight years , and the city has decided
that 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 r7innetonka .
� This rural land use approach is consistent with the compre-
hensive plans of the cities 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, �ahich land use plans are adopted by those cities
pursuant to Minnesota Statutes , �462. 01 , et seq . The PCA
and the MWCC have learned that the infiltration and inflow
problems in the Maple Plain Sewer System are bad and that the
infiltration and inflow problem will have to be corrected in
the future by the city, 'I'hat correction does not necessitate
the installation of an intercepto�, The City of Maple Plain
can apply for infiltration monies to help solve that problem
not�. The I & I analysis can be completed to determine what
the flo�v figures will be once the infiltration problem is
solved. Once that problem is solved , then there is no need
to expand the plant or to construct an interceptor. As indi-
cated previously, the 201 plan report shows that by spending
just $30 ,000 , the phosphorous discharge can be removed so that
the plant will be in compliance with tl�e required standards ,
at a far less cost in money and effect on the environment.
There is a need tc have this infornation available before tax-
payers' dollars are wasted.
Moreover, it may be that the phosphorous removed can be used
in a way to benefit society. The cost of phosphorous for
farmers as fertilizer will double this year and that phosphorous '
is a valuable product especially when it is located in the mid-
dle of an agricultural area such as the City of Maple Plain.
A plan which proposes to pump this phosphorous 30 miles away
to be discharged into the Minnesota River at great expense to
society just does not make sense. Phosphorous is a depleting
resource which should be recycled by innovative techniques
for a product for the benefit of society.
We have recently received a copy of the Regional Policy Plan
on Water Quality Management which the Metropolitan Council
adopted on March 9 , 1979 . Chairman Charles Weaver stated in
. Page 39
Metropolitan Waste Control Commission
April 10 , 19gp
Page Six
his January, 1980 transmittal letter,
federal requirements for a regional waterequaliPyamanagement
plan and provisions of state law requiring a regional develo -
ment guide and policy plan . " We agree with many important P
aspects of that plan which affect these present issues . A
review of the relevant sections o� thar plan shows clearly
that the proposed interceptor should not be built and that
the conclusions reached by the City of Orono and which were
recommended by Mr. Dougherty are su
Council and are now mandated b PPorted by the I�etropolitan
y state and federal la�.
When the 208 study plan was issued ,
especially in regard to the Ma le Plain city reviewed it,
Harza study, and agreed with tPe conclus�onninathet2pgPStod
which stated that the Maple Plain �lant should be modified y
for phosphorous removal . We are pleased that the MWCC agrees
with that recommendation .
For all of the above reasons , and other reasons upon which we
would be glad to comment, the City
needs to do in f ront of the Metropoliton�Waste1�oatrolaCommission
the Metropolitan Council , Environmental
and the EPA to assist in the implementat4on1ofythearecommendaA '
tion made by Mr. Dougherty not to install the interceptor
across rural Orono at this time, and instead to modify the
existing sewer plant to eliminate the
We feel that such a recommendation is Po�rectrand showsarge.
responsible decision making on the part of the MWCC staff
- and commission. - ,
We have appreciated the cooperation which we have received
from Mr. Dougherty, Mr. Tomaselli and other members of the
MWCC staff in assisting us in achieving a better understand-
ing of the southwest area ' s needs and problems and the ways
to solve them without adversely affecting the environment,
Representatives of the City of Orono will be present at the
April 15, 1980 MWCC meeting in order to answer an
you may have. It is not our intent to make any formalstresenta-
tion at that time because we agree with Mr. Dougherty sPrecom-
mendation and we ho e '
P it will be implemented by the commission.
i
. ` • Page 40
Metropolitan Waste Control Commission
April 10 , 1980
Page Seven
If any of you have any questions prior to the meeting , please
call me at my office number which is 473-8511 or call Dick
Benson , the City Administrator for the City of Orono, at �
473-7357 .
' Very truly yours
C� - �� (��.t �-��
William B . Van Nest, Mayor
ZJBV : s s
cc : Richard Dougherty , Chief Administrator,
r9etropolitan t-�aste Control Commission
State Representative Robert Searles
State Senator George Pillsbury
Bruce D. Malkerson , City Attorney,
Pophar�, Haik , Schnobrich , �:aufman & Doty, Ltd .
, ' Page 41
LAKE POLLUTION �
- NON-POINT SOURCE
J'A �� .
INCREaSED HARD COVER � �
MORE RUN-OFF
MORE POLLUTANTS FROM LAKE POLLUTION
LAWN FERTILIZATION,
VEHICLE EXHAUST, POfNT SOURCE 8
DE-ICEING, AND STREET 1lJMINENENT
SWEEPING HEALTH HAZARD
ALTERNATIVES STUDIED
r
SEWER EXTENSION
- Ot'�DERED
LAND SUBDIVISION
TO SPREAD UNIT
COSTS OF ASSESS-
MENTS �
, f
-- PROPERTY ASSESSMENTS
- POSE FlNANCIAL BURDEN
- DUE TO SPECIAL CONSTRUC-
TION IN WETLAND TERRAIN,
LARGE _LOT ACREAGE AND
SCATTERED DEVELOPMENT .
THE URBANIZATION SPIRAL
li�! ORONO
- -FtGURE 2 _
. F�EGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 42
Dick Benson, City Administrator, ente�ed ��to the 201 PREFERRED FACILITIE
record the following 201 Preferred Facilities Plan PLAN - MWCC Letter
dated April 11, 1980, which states:
Mayor Van Nest and myself inet with the following
persons at the PCA office Monday, April 7 , 1980:
Paul Dietz - MWCC
Jim Sipe - MWCC
Donald S. Bluhm - MWCC
Thomas Anderson - Mayor of Medina
Bill Spaulding - USEPA
Lyle Swanson - McCombs-Knutson - Medina Engineer
Dave Hansing - P�CCombs-Knutson Associates
Debbie Thurston - MPCA '
Gordon Wegwart - MPCA
Jack Frost - P2etro Council
Russ Felt - MPCA
Kent Roberts - MPCA
Dick Benson - Orono
Brad Van Nest - Orono Mayor
Richard M. Manthe - Harza Engineering Company
John Harrington - Metro Council
Bob Mazanec - Metro Council
The purpose of this meeting was to discuss Medina' s
grant application to construct their proposed Medina-
Morningside sewers and also the bypass pipe at Long
Lake.
_ The meeting, chaired by Al Larson of the PCA, was
specifically arranged, as we discovered, to inform
the City of Orono and the City of P�sedina that a
federal grant to finance the Medina sewers would
not be supported by the PCA unless the intended
bypass was enlarged to accommodate additional flows
from th� Maple Plain Wastewater Treatment Plant
when that plant is closed, which is the preferred
alternative supported by the PCA at this time.
It was obvious that the PCA' s rationale to cease
operation of the Maple Plain Wastewater Treatment
Plant and construct an interceptor through the
City of Orono to Long Lake was not based upon
supportive data that has been accumulated from
various reports throughout the years that encourages
modification of the PsaAle Plain Wastewater Treatment
Plant to accommodate phosphorus removal equipment
and initiate an I/I study and evenutal elimination
of unwanted infiltration.
Mayor Van Nest, Bruce Malkerson, and myself inet Thursday
to draft a position letter to the MWCC and the PCA
which is included in your agenda packet. The MWCC
will be meeting Tuesday, April 15, 1980 at 2 : 00 P.M.
to discuss the Maple Plain Wastewater Treatment Plant.
Orono will be represented at that meeting.
(Continued)
. REGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 43
Paurus moved, Hurr seconded, to approve the 201 PREFERRED FACILITIE�
report by Dick Benson, City Administrator, regard- (Continued)
ing the 201 Preferred Facilities Plan meeting of
April 7 , 1980. Motion, Ayes (4) - Nays (0) .
Mayor Van Nest drafted the following letter to HOLLY ACRES EASEMErdT
Mr. Curtis A. Conrad, Banco Mortgage regarding LETTER
Holly Acres, John S. Guthrie, 275 Hollander Road,
A_pril 15 , 1980, which states:
"At the time of the subdivision of Holly Acres ,
the City of Orono was granted an underlying public
easement for road development and maintenance
purposes. The City negotiated this easement and "
development contract with Mrs. Roy Hollander, the
developer, to ensure that the road serving Holly
Acres would be built to conform to City specifications
and the developer was required by the City to post
a bond to ensure that these specifications were
met. The Maintenance Agreement requires that the
road be maintained by the residents of Holly Acres
and gives the City the power and right to maintain
the road and to assess the property owners for
the cost thereof should the maintenance of the road
fall below acceptable City standards. Finally,
the City requires that the road be open to the
public for providing police, fire and other public
services and that the road will be maintained by
the residents to meet these requirements. "
End of letter
Council i�eetinq - �pril 14 , 1980
Paurus moved, Butler seconded, to approve the
above letter to Curtis Conrad, Banco Mortgage,
concerning Holly Acres. DZotion, Ayes (4) - Nays (0) .
Dick Benson, City Administrator, presented the CRYSTAL BAY POST OFFICE
City Council with his letter to the United States LETTERS
Post Office Postmaster Gene H. Kreienbrink dated
March 18, 1980.
Letter - Page 44
The following letter was received from Senator
George S. Pillsbury, dated March 27, 1980:
"Thanks for the letter about an Orono zip code.
I certainly would like to see one.
Since this issue is a Federal one, suggest you
write our U.S. Senators Durenberger or Boschwit�.,
or Congressman Hagedorn. "
End of letter (Continued, Page 45)
' Telephone 473-7357
� '
` ' � Page 44
� ::�`� �: t �ITY o� oRo�To
. .
��:- .:�� �'- � Yost Office Box 66•Crystal Bay,Minnesota 55323•Municipal Offices
- •r�,+��:
:6 � On the North Shore of Lake Minnetonka
;
;t> G 0.� .
March 18, 1980
United States Post Office
Gene H. Kreienbrink, Postmaster
Minneapolis, Minnesota 55410
Dear Mr. Kreienbrink:
The City Council of the City of Orono has recently reviewed
the Crystal Bay Post Office operation keeping in mind the
discussion we had earlier with you and your staff concerning
the consolidation of postal delivery service for the entire
City of Orono allowing the Wayzata, Excelsior, Mound, Maple
Plain, and Long Lake rural deliveries to be housed in one
post office , which would create an Orono delivery address
using one common zip code. It has been indicated by your
most recent letter, that consolidation of these routes would
be impossible and could not be cost justified, the conclusion
being that the present lock box customers should convert to a
rural delivery service.
It is the City's contention that now is the time to intensify
our position that the City of Orono is long overdue in receiving
its mail through one post office using one zip code, which will
enable the City of Orono to� receive its mail from one common -
carrier rather than the duplication that has resulted in using
M five different post office buildings at the present time.
The cost effectiveness of consolidating the present rural routes
appears to be in the public' s interest and could certainly be
rationalized as a long-range planning goal.
The City is willing to allocate additional time to pursue this
goal and we will be available, at your convenience, to discuss
this matter further.
Sincerely,
_��;i ���. • , ' :
.. ;
Walter R. Benson � ' �
City Administrator
cc: Senator George S. Pillsbury
Representative Robert L. Searles
.
, REGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 45
Mayor Van Nest moved, Butle�` seconded, to request CRYSTAL BAY POSfi OFFICE
Dick Benson, City Administrator, to write to Vice- (Continued)
President Mondale, and Senators Durenberger and
Boschwitz, and Congressman Hagedorn as outlined
in Senator Pillsbury' s letter requesting their
assistance. Motion, Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to approve the CDBG*
On-Site Monitoring, CDBG Meeting report of On-Site Monitoring*
March 12 , 1980. Motion, Ayes (4) - Nays (0) .
Dick Benson, City Administrator, entered into I/I STUDY REPORT*
the record the following concerning an I/I Study
dated April 9 , 1980 , which states:
The Metropolitan Waste Control Commission, as
part of its 201 facilities planning program, has
identified 31 communities that are eligible to
participate in a detailed infiltration/inflow
(I/I) analysis program. Orono is one of these
communities. The Orono City Council authorized
the City to submit a letter to the Metropolitan
Waste Control Commission requesting that Orono
be included as a participant in further I/I studies.
The Metropolitan Waste Control Commission has
applied for, and has received, approval from the
Minnesota Pollution Control Agency for State and
Federal grants to allow cities to conduct detailed
I/I analysis. The U.S. Environr.►ental Protection
Agency is now reviewing the grant application.
The U.S. Environmental Protection Agency will fund
75g , State 150, local cities must provide 10� as
the local share of the study cost.
The MPCA has allocated $1,000 ,000 in the fis�,al
year 1980 for the I/I study. Additional funding
will have to be provided for future sewer system
evaluation surveys and eventual rehabilitation
of the systems, if needed. All public notices
have been provided for. The City of Orono will
administer the entire program. The MWCC has the
burden of administering the grant process and
subsequent accounting of grant expenditures,
providing 10$ of the local share of administrative
costs , and reporting to the MPCA and EPA.
Engineering companies have been in contact with
the City and the City is in the process of selecting
an engineering firm to continue the I/I. This
process is designed to help us obtain the best
possible engineering services at a fair and
reasonable cost.
Step #1 will be to enter into an agreement with an
engineering firm.
(Continued)
� REGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 46
Step #Z will be to provide a resolution stating I/I STUDY REPORT*
the City will provide its share of the cost of (Continued)
the project (10�) . This cost is anticipated not
to exceed $5 ,000 , which is budgeted for the year
1980.
Step #3 will be to enter into a written agreement
with the MWCC. �
Upon anproval of these agreements, the I/I will
commence.
The budget period for this phase will be approximately
18 months from the date of the grant award. The
I/I will not commence until funds are in hand and
all agreements will be subject to this.
The total process, ending with the actual repair
of leaking sewer pipes, will take approximately
4-5 years.
At the April 28, 1980 Council meeting, we will
have a recommendation of an engineering firm to
continue the I/I and an agreement to forward to
the MWCC.
The object of all of this is to reduce infiltration
costs.
The MWCC charges us for all water passing through
our sewer pipes. Infiltration has been on an
increase and Orono' s costs charged to us by the
MWCC has escalated approximately 40o in 1979 ,
which will increase all sewer charges this year.
Council Meeting - April 14 , 1980
Butler moved, Hurr seconded, to approve the above
I/I Study report dated April 9 , 1980. Motion,
Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to approve the OTTO BONESTROO LETTER*
attached letter to Otto Bonestroo, dated April 7 , April 7 , 1980
1980. Motion, Ayes (4) - Nays (0) .
Letter - Pages 47 & 48
' � Telephone 473'7357
+ '"�,� Page 47 .
. - ��. .� � • T
-,��_.� -� ��TY of oRo� o
�`.,t,t;�I- � .� Yost Uffice }3ox 66•Crystal Bay, Minnesota 55323•Municipal Offices
>��� -_.�
i o _� On the North Shore of Lake Minnetonka
•'G._��^ !6 �:� .
`� �-�
April 7, 1980
Bonestroo, Rosene, Anderlik, & Associates '
c/o Otto Bonestroo
2335 West Trunk Highway 36
St. Paul, Minnesota 55113
Dear Mr. Bonestroo:
I wish to review with you our telephone conversation today,
April 7, 1980 to eliminate any misunderstandings that you
might have concerning your firms relationship with the City of
Orono and the engineering services provided by Mr. Cook to our
City.
I do not appreciate your comments indicating your firm should
be privileged to automatically provide all services to the
City as outlined in the �/Y program.
The City of Orono is responsible for administration of the I/I
program and its complete conformance with all regulations of
the Federal Grants Program. It has been recommended to me that
it would be in the city' s best interest to solicit an engineering
firm that is familiar with local conditions and also a firm that
understands �/I inflow investigation and has a working relationship
with the Metropolitan Waste Control Commission. Your firm has been
asked to submit an agreement and qualifications, and our review will
choose a firm we feel is qualified.
If this procedure does not allow you the latitude you feel you should
have, then as you and I discussed, we should meet and discuss
your firms role with the City of Orono.
Evidently, Mr. Cook had not discussed with you Orono' s change of
Council meetings from Tuesday to Monday evenings. This posed a
problem for Glenn because of other commitments, which left us
without an engineer present at our Council meetings and communication
and agenda items suffered. I would like to comment that Glenn
is doing a superb job for us, but like other consultants , does
have quite a work load with other cities. We will consider this
when we evaluate engineering firms submittals for the I/I study.
#'
, , Page 48
Otto Bonestroo
April �, 1980
Page 2
If you have any questions or if you feel you would want to
reconsider having Orono as a client, I suggest you contact
me at my office, 473-7357 , and I will review the entire matter
with you. �
Sincerely,
L't-i � >s
Walter , enson
City inistrator
� REGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 49
Dick Benson, City Administrator, presented the GARDEN TRACTOR*
City Council with a memo prepared by John
Gerhardson, Public Works Coordinator, dated
March 24 , 1980, which states:
For 1980 , the Parks and Recreation Department
budgeted funds for equipment purchase.
It has been determined that the garden tractor
mower is ready for replacement due to the fact that
the mower deck attachment has been replaced once,
the engine has been replaced once and the replace-
ment engine has been overhauled once.
The present garden tractor mower is used only
for cutting grass in the summer. It is my
opinion that a more heavy duty tractor be pur-
chased with the necessary attachments for winter
use.
Therefore , I have attached a specification for
one "Garden Tractor with attachments" and recommend
to advertise and receive bids for one garden
tractor with attachments as per the specifications.
Council Meeting - April 14 , 1980
Butler moved, Hurr seconded, to approve the date BID OPENING DATE*
of May 2 , 1980 at 10: 00 A. M. for the bid opening May 2 , 1980 - 10 : 00 A.M.
for the purchase of a garden tractor for the
Parks & Recreation Department. Motion, Ayes (4) -
Nays (0) .
Dick Benson, City Administrator, informed the City BERNARD KOGAN PROPERTY*
Council that the vacant lot adjacent and south of 1365 Brown Road South
the post office in Crystal Bay is owned by Mr. Kogan, ,
is for sale and would provide us with additional
land for future City uses.
The City Council instructed me to proceed with an
evaluation of the lot which is unbuildable in its
present state and it has been determined by Mr. Glenn
Hawkyard, our City Appraiser, that the value is $6 , 000 .
Based upon Mr. Hawkyard' s appraisal, I recommend
Council approval of my negotiations with Mr. Kogan;
the final evaluation of $6, 000.
Council Meeting - April 14 , 1980
Butler moved, Hurr seconded, to approve the above
report concerning Bernard Kogan Property, 1365 Brown
Road South, and instructed Dick Benson to negotiate
with Mr. Kogan. Motion, Ayes (4) - Nays (0) .
.
•• REGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 50
Butler moved, Hurr seconded, to approve the report �� COMPARISON REPORT*
presented by Alan Olson, City Planner, concerning Permits Issued
comparison of permits issued January-March 1980
with January-March 1979 & 1978. P�otion, Ayes (4) -
Nays (0) .
Dick Benson, City Administrator, presented the GRANT-IN-AID PROGRAM*
City Council with a memo prepared by Chief Kilbo
concerning the Hennepin County Criminal Justice
Coordinating Council, dated April 3, 1980 , which
states:
The Hennepin County Criminal Justice Coordinating
Council, at a meeting February 14 , 1980 recommended
the following of its member units of government:
"The HCCJCC recommends that its member units of
government continue to participate under the new
LEAA Legislation as a joint Hennepin County,
City of Minneapolis and suburban unit of government
combination entitlement jurisdiction and it is
further recommended that a continued discussion
and exploration of a viable balance-of-state concept
be pursued with representatives of other units of
government within the Metropolitan area and the
Crime Control Planning Board. "
Local units of government must formally advise the
Minnesota Crime Control Planning Board of their
intentions by April 7, 1980. They further stated
they will accept resolution coming in shortly
thereafter.
I have reviewed the changes and recommend the City
of Orono pass the resolution and send it to HCCJCC
at A2308 Government Center, Minneapolis, Mn. 55487. ,
Council Meeting - April 14 , 1980
Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1136*
#1136 , A Resolution Concerning The LEAA Federal Grant-In-Aid Program
Grant-In-Aid Program. Motion, Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1137*
#1137 , A Resolution Approving Revised Orono Civil Defense
Emergency Plan. Motion, Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to reappoint Harold REAPPOINTMENT*
J. Panuska as Orono' s Emergency Preparedness Harold J. Panuska
Coordinator. Motion, Ayes (4) - Nays (0) .
� REGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 51
Butler moved, Hurr seconded, to approve a salary SALARY INCREASE*
increase for Jean Hoogenakker, Police Secretar�, Jean Hoogenakker
to $856. 25 per month, effective April 15 , 1980.
Motion, Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to approve the VO-TECH #287 LETTER
letter from Lyle E. Rahn, Director and Assistant Lyle E. Rahn
to the Superintendent, Vo-Tech #287 , dated April 2 , 1980
April 2 , 1980. Motion, Ayes (4) - Nays (0) .
Letter - Pages 52-55
Butler moved, Hurr seconded, to approve Dick VO-TECH #287 LETTER
Benson' s letter to Lyle Rahn, concerning Vo- Dick Benson
Tech #287, dated April 11, 1980 . Motion, April 11, 1980
Ayes (4) - Nays (0) .
Letter - Page 56
Butler moved, Hurr seconded, to approve Dick ARCOLA BRIDGE LETTER*
Benson' s letter to Minnetonka Beach, Minnetrista, April 7, 1980
and Tonka Bay, concerning the Arcola bridge,
dated April 7, 1980. Motion, Ayes (4) - Nays (0) .
�'�nclosed please find our Resolution #1106
adopted January 15 , 1980.
This resolution was forwarded to you before for
your information, but in light of several events
taking place and Hennepin County ' s attitude
toward building larger bridges to accommodate four-
lane traffic, we believe it would be in all of our
interests to stand by our principles concerning
highway construction for the Lake Minnetonka area.
I am enclosing for your information the City of
Wayzata' s resolution supporting Orono' s Resolution
#1106 and I would appreciate receiving a resolution
from your city supporting Orono' s position encouraging
alternate routes for commuter traffic, to re-examine
plans to four-lane any segment of Hennepin County #15 '
and to re-examine plans to reconstruct the Arcola
Bridge.
We believe it is imperative at this time to fi:��mly
state our policies concerning these highway construction
projects and to receive support from communities
contiguous to us would be very helpful. "
End of letter
. Page 52
' � � �L U � U U l�
- D
G
�
�r� � �r�
HENNEPIN TECHNICAL CENTERS �� � �
DISTRICT OFFICE/1820 NORTH XENIUM LANE. MINNEAPOLIS MINNESOTA 5544t /(612)559 3535 �
April 2, 1980
Mr. Walter Benson �
City Administrator
City of Orono
P.O. Box 66 j
Crystal Bay, MN 55323 �
Dear Mr. Benson:
We have received your letter dated March 11, 1980, concerning a potential western
campus of Joint Independent School District 4�287. We also acknowledge receipt of
your December 13, 1976, resolution �1737 which we previously responded to in our
letter dated February 10, 1977 (see attached) . Although we disagree with statements
made in your correspondance, we respect your concerns and will continue to incorporate
your resolution as an integral part of our planning process.
The purpose of this letter is to clarify 1) the conteut of our six year capital
improvement plan draft, and 2) the status of a western campus.
I. Six Year Capital Improvement Plan
A. In the 1980-81 State of Minnesota Capital Budget, Governor �uie requested
that long range capital improvement plans be developed in preparation for
the 1982-83 capital budget. As a result, we were asked to submit a six
year capital improvement plan draf t fo the State Board of Education con-
cerning possible capital improvements for the next three biennia. Planning
draft reactions and final instructions will be returned this spring with
the actual six year capital improvement plan and 1982-83 capital budget
request to be submitted this fall.
B. Because of the variables involved in any planning effort, the plan is to
be updated every two years with priorities adjusted as necessary. I
might also point out that the cost per square foot figures were state
supplied and required to be used f or the bienniums specified. �
II. Western Campus
A. Qur plan since the inception of Joint Independent School District �1287 has
been the construction of a western campus designed to serve the needs of the
member district high school, post secondary, and adult citizens when future
needs warranted. The exact size and timing has always been dependent upon
needs identified and projected.
i
I
JOINT INDEPENDENT SCHOOL DISTRICT NO.2B7 � ACCREDITED BY THE NORTH CENTRAI ASSOCIATION
_. Mr.,Walter Benson Page 53
Page �ao �
April 2, 1980 � �
B. The requested six year capital improvement plan covers the next three
biennia with the 1986-87 capital budget being the last. If a western
campus were requested at that time, and legislatively authorized, the
estimated completion date (i.e. student occupancy) of a campus similiar
in size to our present North and South Campuses would be approximately
Spring of 1989.
C. As you are aware, because of the multitude of variables involved in any
major planning effort, it is very difficult to make accurate predictions
far in advance including predictions concerning the educational needs and
accessibility requirements of high school, post secondary, and adult
citizens that will exist in 1989. Therefore, a western campus of the
size indicated is included at this time for planning purposes as a
possibility for 1986-87 legislative action. As pointed out in our plan,
we are still in a preliminary planning phase and intend to continuously
monitor existing and projected needs and alternatives. As the six year
plan is updated, more accurate decisions concerning needs, size and
timing can be made.
We hope that the above information clarifies the content of the six year capital
improvement plan as well as the status of a western campus for JISD i1287. If you
have any further questions, please let me know.
Sinc rely,
�
f�i��
Lyle E. Rahn
Director and Assistant
to the Superinterident
LER/lrf
Attachment
ccr Minnesota State Board of Education
City of Medina
City of Long I,ake
City of k'ayzata
Westonka Independent School District ��277 School Board
Orono Independent School District �1278 School Board
Wayzata Independent School District �1284 School Board
Hennepin County Board of Commissioners
Metropolitan Council
Hennepin County Park Reserve District
State Senator George S. Pillsbury
State Representative Robert L. Searles
' Page 54
� s �.� a � :� � ,� �� � �-. � �� �E � � : �� � � � e= � �r �°-� � Cr�
� � �ro � ta�s ��� �� � �L:� y �i �c �y �. � c� �-: � � �.::
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- -��. �'^�`�' �''_= � - ~��� 1820 North Xenium L�ne, ��linne3polis, Minnesota 5544
� �';,���;_�•.��i�•��~.-z l''.1�� -~'"-� �,Ci�):`ii!�=w�i'3� Independent Disirict 2.:
;i ,, ��. � �;,�5;� �� �"'"� 612/559-3535 � .
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- ��,�';T �-- .
� , .
� , � February -10; 1977
City Council City of Orono •
Box 66, Orono Village liall _ -
_ � 1335 Brocan P,oad South
. - Crystal Bay, riN 55323 ' - _ _ ,
Dear Council Members: �"
Joint Indenendent School District 287 has carefully considered a "Resolution
_ regarding the Proposed Future Construction of the 3oint Independent School Di�trict
I1o. 287 Area Vocational-Technical School Located on. the Soeth Botiiidary of the City
of Medina" adopted by the City Council of the City of Orono on Deceff,t�er 13, 1S76.
� We appreciate your identifyino the concerns which you fore�ee as possibly asso"ciated
with our proposed West Campus. As .stated earlier, we are currently conducting re-
levant• ���udies on previously requested areas an� will make certain that the items
identified in your ��esolution are included. Bas�d on our kncwle�ge oi campus plans
° and service possibilities, we do feel at this time that }our conc�rns can be favor-
ably addresse�. - � - - - - - _
Tli� decision of the co;.incil to adopt this resolution was most unfortunate since �
several of tne assumntions listed are actually inaccurate and at times incon-
.sistent and unequally applied. In the absence of pertinent information, con-
clusions appear to have Ueen reached basea on nisinformation and speculation o�
��est C�r�pus plans, needs and i�pact. The Orono City Council has yet to hsve been
r presented with information on West Campus operations from which one coul�i determine
; the extent of municipal service needs, urban/rural nature, possible developr�ent
, inducement or consYstency with community planning. Thus far we have or_ly �hared
a long raiige conceptural plan believed to be implemented sometime in the �arly
� - 1980's using data from our north and sou�h campuses and ha��e a.:ked that the
possibility of a West Campus be included in yo�r comprehensive plans, eGpecially
as they relate to the Possibility of a sewer -interceptor to the area of tlie site.
� Several possibilities do exist which would lessen and in some cases eliiniate the
i municipal service de�nands assumed in ttie resolution. Likewise, to arrive at a
conGl��sion tT�at the West Campus would be "developnent inclucin�" certaj_nly reyulres
� more j.nformztion than presently considered. This has not been the case at ei�her
� our norCh or south campus. " - - - _ _
. , _-
'' Our intention in writing this response to� your r.esolution is noY to ar�ue, an-
ta�onizc or to Ue erroniotisly interpreted as being opposed to the comPrehensiv��
� Plannin� oF Orono, since quite the opposite is the case. Itather �.e wan[ to point�
� out thst we sincerely fccl that prcrequisitc infor.mation has not� h�en pr.esec:ted '
nor considered and ask [l�at you res�rve judb�ment until th�C tiic. Any act�on
. IilnorUln�t�+ii Nu.7.7� F.dcu 1'rnlriu Nu.7.7'1 1'.�h�w Nu.?.7:i Ilu��lJux Nu.�74 t�4lunr,tc�nkn Nu. '�Q Muw�d ►�u. '_:i nr„no Wu. 27fl _
� Oy��nii Nn. 2YU Hit:h(lalcl Nu. :CO Itulil�lnH�lnlu W��. 'llll 5L Luul:: ('Lri ttin. 'L!]� �h'uyrnlu Nu. 211•1 ISru•�}ly,+ C:��ntur No. 'LItU
n�f;c Z
2/)0/77 .
, � � Page 55
unr.il then is arbitrary being based un sPecul�tion and information whicli is in-
� � completc, not availalile, noC preset�tee3. . . and in some cases, inaccurate.
[Je as a collective effort of thirteen suburbaii school districts, are tr}�ing to
res�ond to the jdentified needs of [Jest Hennepin hiFh school, post secondary,
and adult citizens, including those of the "iound and Orono School Districts.
We piirchased tlie site in 1970 for that stated purPose. i1e l�ave since researched
several items in our plannins process including tiiose which you identified of
declining enrollments and surplus buildings and still conclude that the t•?est
Campiis is a most feasible and necessary solution to meet the needs of those who
are currently being denied or who are now on a lengthy waiting list or travel- _
in� considerable distances to our North or South campus in order to learn a -
skill and become a fully contributing member of their community. To serve
these citizens we need your assistance and cooperation.
- Sincerely,
_ - r _ �
_ __ _ - 2i'z��r.�-u .
-- ----- Dr. Richard E. Emery, Sup inte�ndent
__ =- - , , � ��1�'�-� �
-=_ - � �� � �
-------- - Byron rekke, Chairman of the 3oard
cc: The Metropolitan Council
- City of Medina _
- � City of Long Lake
- - Metropolitan i7aste Control Commission
— - Metropolitan Transit Commission
� Hennepin CounLy Board of Commissioners _ •
� Aennepin County Park Reserve District
�- State Senator George S. Pillsbury
State Representative Robert L. Searles •
- - Orono School Board
Piound School Board -
Facilit}� Utilization Committee of JISD 287 •
REE/13B/mlc
_ - ��
J
, . . . . . � /. .
� �
. �
� � a ' � Telephone 973-7357
-:,:,. Page 56
. �� �: � �T�
w � CITI of aR0
-� J ��1
1<� �-.�.� �„'�fY
�:.y.. .^_.`�. �..r_�:�-�
~"'=w Yust Office 13ox 66•Crysta] Bay, Minnesota 55323•Municipal Offices
_� � ���,P`��, i�
,!1
�>'��;� µ�,`}:`w�" On the North Shore of Lo.ke Minnetonka
�"c e .1�. � . -
,,y._�_..
- . .
April 11, 1980
Mr. Lyle Rahn, Director & Assistant
to the Superintendent
Hennepin Technical Centers
District Office
1820 North Xenium Lane
Minneapolis , Minnesota 55441
Dear Mr. Rahn:
I would like to take this opportunity to arrange a meeting with
you and myself to discuss your recent correspondence to the
City of Orono concerning Orono' s recent action reaffirming
Resolution #737, a resolution which opposes the construction
of a west campus on the south boundary of the City of Medina.
Your letter of February 10 , 1977 alludes to unfortunate several
inaccurate assumptions which is again acknowledged in your
most recent let,ter dated April 2 , 1980.
I can assure you that the City of Orono does not make decisions
based upon assumptions. We have been �involved in.,a -major_ planning
effort for 20 years and have accumulated professional supportive
data that has been recognized throughout the country and used
as a guideline for other semi-rural areas that have been mandated
to preserve their natural resources. We do recognize the multitude
of variables involved in a major planning effort and that is why
when dealing with conceptual plans that affects several governmental
agencies it is important to review all of the facts.
If it is convenient for you, I would appreciate meeting with you
on Friday, April 18, 1980 at 10: 00 A.M, at your office to discuss
this matter further.
Thanking you in advance, I am
Sincerely,
�� �
Walter . " son
City inistrator �
, } -
� REGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 57
Dick Benson, City Administrator, presented the VACANT PUBLIC BUILDINGS'
following letter to the City Council to John John Walley Letter*
Walley, Department of Administration, dated
April 7, 1980, which states:
"The City of Orono, at this time, does not have
vacant space in its public buildings available
for leasing.
Public buildings accommodating Orono' s operation
are very limited and the City is in the process
of evaluating its housing requirements anticipating
some new construction to provide for its housing
needs. '
Thank you for your inquiry on this matter. "
End of letter
Council Meeting - April 14 , 1980
Butler moved, Hurr seconded, to approve the above
letter to John Walley, Department of Administration,
dated April 7 , 1980. Motion, Ayes (4) - Nays (0) .
Dick Benson, City Administrator, presented the 1981-83 FEDERAL AID
attached letter to the City Council to Mr. Emil URBAN PROGRAMS*
Brandt, Transportation Coordinator, Transportation
Advisory Board, concerning the 1981-83 Federal
Aid Urban Programs, dated April 7, 1980.
Letter - Pages 58 & 59
Council P4eeting - April 14, 1980
Butler moved, Hurr seconded, to approve the letter '
to Emil Brandt, Transportation Coordinator,
Transportation Advisory Board, concerning the 1981-83
Federal Aid Urban Programs, dated April 7, 1980.
Motion, Ayes (4) - Nays (0) .
Dick Benson, City Administrator, sent the following HIGHWAY CONSTRUCTION
letter to Mr. A. J: Lee, Associate County Administrator, LETTER*
concerning highway construction in the Lake Minnetonka Lake Minnetonka Area
area, dated April 7, 1980 , which states:
"Thank you for meeting with Mayor Van Nest and me for
lunch. I do anticipate a better understanding of
not only Orono' s concerns with future planning for
the Lake Minnetonka area regarding highway construction, �
but also a solidified effort involving all of the
communities to strive toward one common goal and
that is a realistic commuter route to the Twin Cities.
(Continuea} Page 60)
� Telephone 473 7;i�;.
�~'� • Page �8
.'1 * � .
'� 4! _ T ���
;T�. �'; . �� �.i��� O� ��0 .�
" ' .',.��: }'ost Office }3ux 66•Crystal Bay, Minnesota 55323•Municipal Offices
. �7x%J�~ _
.?��.;:�:�.� Orz the North Sliore of I ake Min�etonka
�'��4��-���' -
_ . :_,
-- ��
April 7, 1980
Mr. Emil L. Brandt
Transportation Coordinator
Transportation Advisory Board
300 Metro Square Buildinq
St. Paul, Minnesota 55101
Dear Mr. Brandt:
The City of Orono is in recepit of your letter dated March 7 ,
1980 outlining the proposed submittal of the 1981-83 Federal
Aid Urban Programs . Enclosed with your letter are maps
which are intended to show adopted roadway classifications
that defines the FAU system.
Included in this functional classification of roadways , which
is intended to anticipate that functional use five to ten years
in the future, is Willow Drive, which is shown as a minor arterial.
Willow Drive is a City roadway which runs in north/south direction
and serves our residents residing in the heart of Orono ' s
sensitive rural area, that is bounded bv game preserves habited
by abundant wildlife and precious wetlands that preserve the
quality of Lake Minnetonka.
The City of Orono recoqnizing the need to preserve this natural ,
rural and environmentally sensitive area contiguous to Lake
Minnetonka, constructed a ring route to connect Hennepin County
�19 at Hennepin County #84 , to Hennepin County #6 and State
Highway #12 allowing traffic to commute to the Twin Citv area
reducing potential traffic congestion in the lake area.
Willow Drive, at the intersection of Fox Street south to Hennepin
County #146 , by resolution and Metropolitan Department of
Transportation approval, was removed from Orono' s MSA system.
� 1. � �
' Page 59
,, ,
Mr. Emil L. Brandt �
April 7, 1980
Page 2
Willow Drive is also shown on the FAU classification map as
bridqing the Burlinqton Northern railroad and� intersecting -
with Hennepin County �15 at Smiths Bay, Lake Minnetonka.
This is also in error. This is not an existing roadway and
is not included in any future transportation plan for the
City of Orono. �
To conclude , the City of Orono is requesting removal of the
' designatec� minor arterial classification shown for Willow
Drive, and also, the removal of a desiqnated minor arterial
highway from Hennepin County #146 south to Hennepin County
#15 , which is non-existent.
If you have any questions, please feel free to contact me
at my office , 473-7357 .
Sincerely,
��
Walter . enson
City dministrator
cc: Charles Weichselbaum
Elmer Morris
David Jessup
•, REGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 60
For your review, please find Orono' s Resolution #1106 , HIGHWAY CONSTRUCTION*
which really does request adherence to a prioritized (Continued)
scheduling of an overall plan to provide alternative
routes from the western Lake Minnetonka communities
to the Twin Cities.
Orono does recognize that developing alternate
routes to the Twin Cities will not significantly
reduce existing traffic volumes on the internal
road system, but it is reasonable to anticipate
that future growth will occur in the western Lake
Minnetonka area and an alternate route to accommodate
commuter traffic to the Twin Cities is of extreme
importance to all of us.
Again, thank you for your effort on this matter. "
End of letter
Council Meeting - April 14 , 1980
Butler moved, Hurr seconded, to approve the above
letter to A. J. Lee, Associate County Administrator,
concerrir.g highway construction in the Lake Minnetonka
area. Motion, Ayes (4) - P7ays (0) .
Dick Benson, City Administrator, sent the following WAYZATA LETTER*
letter to Mayor Bill Humphrey, Wayzata Mayor, con- Highway Construction
cerning highway construction for the Lake Minnetonka
area, dated April 7 , 1980, which states:
"I would like to take this opportunity to thank
you for your excellent Resolution #1983 supporting
Orono' s position encouraging alternate routing for
commuter traffic in the Lake Minnetonka area.
The position taken by Wayzata and Orono is supported
by Tonka Bay, Minnetonka Beach, and Minnetrista
and does represent the deep concerns that we all
have in protecting the environmentally sensitive
Lake Minnetonka area.
We have p�oceeded to discuss our concerns with Hennepin
County Commissioner Bud Robb and Associate County
Administrator Art Lee and I am convinced that Hennepin
County is prepared to re-examine its immediate and
future planning for future road and bridge construction
in the lake area and will initiate a mini study allowing
all of our cities input in the total planning process.
(Continued)
• J .
", REGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 61
We are convinced that it is of the utmost importance, WAYZATA LETTER*
at this time, for all of us to firmly state our Highway Construction
policies and to support Hennepin County in its (Continued)
endeavors to proceed with a reasonable highway
maintenance program while coordinating with local
governments and the Minnesota Department of
Transportation alternate commuter routes that lend
themselves to accommodate areas that will be
supporting future growth.
Again, thank you for your concerns on these matters. "
End of letter
� �uncil Meeting - April 14 , 1980
Butler moved, Hurr seconded, to approve the above
letter to Wayzata Mayor Bill Humphrey concerning
highway construction in the Lake Minnetonka area,
dated April 7, 1980. Motion, Ayes (4) - Nays (0) .
Dick Benson, City Administrator, presented the STREET LIGHTING*
City Council with a memo prepared by John Gerhardson, Navarre Area
Public Works Coordinator, dated April 2 , 1980,
which states:
Presently, the City of Orono has seven street lights
in the Navarre business district that are of the
old fluorescent type that are to the point of
being obsolete. Parts are becoming very difficult
to obtain and the manufacturer has indicated they
are no longer making parts.
Northern States Power Company is proposing changing
the lighting to high pressure sodium vapor lights.
There is no charge for th� change over, in fact, ,
the different lighting will result in a savings of
$4. 70 per month per light to the City of Orono.
Because Northern States Power Company requires approval
for the change over, it is my recommendation to
authorize Northern States Power Company to change
the existing seven street lights in Navarre to the
high pressure sodium vapor lights as proposed.
Council Meeting - April 14 , 1980
Butler moved, Hurr seconded, to approve the replacement
of seven lights to the high pressure sodium vapor
lights in the Navarre area. r�otion, Ayes ) 4) -
Nays (0) .
+
� REGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 62
Butler moved, Hurr seconded, to approve the date CABLE TV MEETING*
of April 17 , 1980 at 7 : 30 P.M. for the Cable TV
meeting. Motion, Ayes (4) - Nays (0) .
Dick Benson, City Administrator, presented the ARCOLA BRIDGE
following memo to the City Council concerning
the Arcola Bridge dated April 10 , 1980, which
states:
The Hennepin County Board of Commissioners approved
plans and specifications for the Arcola Bridge
improvement specifying the bridge surface not to
exceed 40 feet curb to curb.
Bud Robb is doubtful that the State will approve
this condition. If it is not approved, plans and
specifications will be withdrawn.
Council Meeting - April 14 , 1980
Dick Benson also commented that: I was informed
today by Mr. Herbert Klossner, Director of Trans-
portation, that the State of Minnesota has approved
the 40 foot wide curb to curb bridge deck and
Hennepin County will award bids for the project in
May. Work should commence by June. The project
will last two construction seasons and will remain
open for through traffic.
Dick Benson, City Administrator, presented the L.O.G. I.S. *
City Council with a memo prepared by Tom Kuehn,
Finance Director, dated April 10 , 1980 , which
states:
L.O.G. I.S. has a contract with OSI for the
implementation of programs on a new computer. ,
This contract requires that all members using
the system execute a security agreement with
05I assuring them that the proprietary nature of
the product will be protected ,by the users.
Attached is a resolution for Council adoption.
Council Meeting - April 14 , 1980
Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1138*
#1138 , A Resolution Authorizing Execution of A L.O.G.I.S.
Security Agreement Between L.O.G.I.S. And
Optimum Systems, Inc. (OSI) . Motion, Ayes (4) -
Nays (0) .
�, Rr.�ULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 63
Butler moved, Hurr seconded, to accept the RESIGNATION*
resignation of Darlene Jones, Clerk-Receptionist, Darlene Jones
and to approve severance pay in the amount of
$87. 06. Motion, Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to approve the GOLF COURSE EMPLOYMENT*
employment of Doug Erickson for counter help Doug Erickson -
at the Orono Golf Course at a rate of $3. 70
per hour effective April 12 , 1980. Motion,
Ayes (4) - Nays (0) .
Butler moved,Hurr seconded, to approve the LMCD 1980 FINANCIAL
Lake Minnetonka Coriservation District 1979 STATEMENT*
Financial Statement. Motion, Ayes (4) -
Nays (0) .
Butler moved, Hurr seconded, to approve the FULL-TIME EMPLOYMENT*
full-time employment of Mary Woytcke, (Sandi) Sandi �aoytcke
at a rate of $4. 81 per hour effective April 14 ,
1980. Motion, Ayes (4) - Nays (0) .
Dick Benson, City Administrator, presented the FISCAL ANALYSIS*
City Council with his memo concerning a fiscal
analysis, dated April 10, 1980 , which states:
As we are now all aware, there are strong significant
signs that economic vitality is deteriorating
rapidly, which, if it continues throughout the 1980
year, will intensify demands for funds not budgeted,
or a steady pattern of budget over-runs in specific
programs, or line items, will occur as a constant
trend throughout the year.
The City consists of many departments dependent
upon fees to offset their operating costs that
are not levied from the general tax levy.
It is important to recognize trends that indicate
fiscal declines. These are sometimes difficult
to measure, but nonetheless, it is important
at this time to recognize indicators to allow
adjustments at an early stage of decline.
Building permits are a barometer of economics
strength. We do want to continue monthly comparisons
with the past two years to determine what action
should be taken to accommodate revenue declines,
i f any.
Property tax collections this spring and fall will
be monitored closely and compared with previous years
to determine possible fiscal strains. (Continued)
. REGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 64
Capital expenditures funded by the general fund FISCAL ANALYSIS*
will have to be monitored. (Continued)
Debt service payments will be monitbred to allow
analysis of possible growing debt burden.
A steady pattern of budget over-runs in specific
departments will be closely watched.
Mandated costs that are subject to legal or larger
government controls cannot be curtailed but an
increase indicates an adjustment has to be made.
Our enterprise funds will be measured closely to
check any operating losses. Opera�ion efficiency
might have to be improved at times.
To conclude, the City is a business that is
dependent upon revenues to exist. Investments,
revenue shortfalls, increased tax delinguencies,
short term-long term debt obligations, capital
outlays and enterprise funds will be monitored to
assure fiscal stability.
Dick Benson also reported on the Liquor Store
inventory, dated April 3 , 1980 :
Immediate steps that have been taken are to reduce
the Liquor Store inventory. We will maintain a
reduced inventory relative to sales.
We are reviewing the amount of venders serving us.
These will also be reduced in number.
As time passes, other functions will be evaluated
subject to activity.
Council Meeting - April 14, 1980
Butler moved, Hurr seconded, to approve the fiscal
analysis report by Dick Benson, City Administrator,
dated April 10, 1980 and Liquor Store inventory
dated April 3, 1980. Motion, Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to approve the bid CARPET SALES & SERVICE*
of Carpet Sales and Service in the amount of
$1,627 to replace the carpet for the Police and
Public Works Departments. Motion, Ayes (4) -
Nays (0) .
Butler moved, Hurr seconded, to approve the dates SPRING CLEANUP DAYS*
of May 10 and May 17, 1980 from 8: 00 A. M. to May 10 & 17, 1980
4: 30 P.M, for the 1980 Spring Cleanup Days.
Motion, Ayes (4) - Nays (0) .
' , REGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 65
Dick Benson, City Administrator, presented the SHADE TREE GRANT*
City Council with a memo prepared by Tom Kuehn,
Finance Director, concerning a supplemental
grant for the Shade Tree Program Year 1978,
dated April 10, 1980 , which states:
The State is increasing the percent of reimburse-
"ment for shade tree disease control 70 . This
should mean about $1, 020 of additional aid to
the City of Orono.
Council P�eeting - April 14 , 1980
Butler moved, Hurr seconded, to approve the
supplemental Grant for the Shade Tree Program '
Year 1978. Motion, Ayes (4) - Nays (0) .
Dick Benson, City Administrator, presented the REFUND CHECK
City Council with a memo prepared by Tom Kuehn, 73-1
Finance Director, dated April 10 , 1980 , which George Johnson
states:
The attached letter from Attorney George Johnson
requests that Council authorize stop payment on a
check issued as a refund to an appellant in the
73-1 sewer project. Also attached is a letter
from Attorney Ralph Peterson regarding the
particulars of the situation. I have discussed
this situation with City Attorney Malkerson and
he has some misgivings regarding the proposed
disposition.
George Johnson Letter - Page 66
Ralph Peterson Letter - Pages 67 & 68
Council Meeting - April 14 , 1980
Mayor Van Nest moved, Butler seconded, not to
authorize stop payment on a check issued as a
refund to an appellant in the 73-1 sewer project.
Motion, Ayes (4) - Nays (0) .
Pa e 6
: ' � � D � �
' � � � �
., �
JOH NSON $ EASTLU N D MAR 19 �8U
I 7 O 2 M I D W E S T P L A Z A B U��D 1 N G
�eoRGe R.JOHNSON M I N N E A P O L I S C�� OF ORONO
WARREN E.EAST�UND
RALPH W. PETERSON 554�2 339 - 6931
� DOUGLAS J. C.4RNEY � 6�2
MARK T. SOLSTAD
NANS F. ZIMMERMANN •
THOMAS R, HARRIS p (]p
DANIEL T. BLOMOUIST March �O � �700
Mr. Thomas M. Kuehn, Treasurer
City of Orono ,
PO Box 66
Crystal Bay, MN 55323
Dear Mr. Kuehn:
Please find enclosed, as per your request, a copy of
the letter sent to Bruce Malkerson for presentation
to the Council . It was my understanding that this
matter will get on the agenda for the next Council
meeting.
: We would very much appreicate it if the Council could
; issue a stop-payment on the previous check and re-
: ' issue its check to Mr. L. LeJeune . I do not see
that the City is exposed to any risk in this matter
and the action would only assure that the refund
gets -into the hands of the person properly entitled
thereto.
Very ly yo rs ,
�
rge . o on
grj/ch
enc.
cc- L. LeJeune
- - � _ , -
, , ' . Page 67�;� , -
: � - �
� February 27, 19 8 0 . � _'
- _ , _ . _ _
r�r. Bruce I��alkerson _ - � � - '`
� -
. Po�ham,Hair,Schnobrich,Raufm.an & Doty, Ltd. _ , . �� , _ ..�
4344 IDS Center . - - ;' - ' - -- .� - ;:;
:_
A�s.r�eapolis , MN �55402 ; _. _ � _ - �
- .. . . -. _ . - _ - - : - _ - -_ �f
Re : Dr. Alt/Larry LeJeune rezund c:�ec}�_� � �� _ , �
- De�r BrucA . _ , ' , - - -_ � _ - _ - _ ' . �>^-
� Reference is r^ade to our telephone conversation of this date. -=_ . _ - . ;
, �ve are having a great dea? oF dif�iculty_ in _qetting the sewer :_- � ' _
assess:nent reiund check oa the _Thomas P. AIt property into the � .
' ri.,ht �iancls. This propert� is Plat �2890 �arcel ,300a and in- .-.- : - . _
dicated- as "'ap I�To_ 41 or_ oLr list oi settlement proDerties. _ � �
Z believe the% nronertv ori�ir_a11� be�oncred to George Johnson _
� and was sold to Dr. Alt, who i�i turn sold it-to someone else, _ -
who in turn sold it to Zarry LeJeune, the present owner. i•he _ "
str�et address is 280 Partenwood ^�ad. LeJeune paid off the
; balance of tne assessnents grior to the settler_�ent and ,is the _
_ uarty entitled to Lhe refun� cYiec�:. The check, in tne amount -�
' of S1, 799.�� , ��Jas actuall,� r.�ade paya..�le to Dr. ��lt, however,
as he was t?�� n��c a�?pellant. ' -- _ .
�:e sent the checY to Dr. Alt with t�e reauest that he erid�rse �
' . � it bac� to us so L.hat we could in turn issue our c�eck to _�r. - � - _
� -,LeJeune. Dr. Alt has steadfastly failed, or refu�ed, to � _, � _ - -
accommodate us in this regard. We have :aritten hir.�, called -
him and, I believe, e;�en sent a ran from our office out to taik � �
to him personall�, all to no avail. Dr. P_lt still retair.s the - _
check. Under the circumstances, �.�e suggest that, �or or_e thinu, _
- . .the Ci-ty consider stoppizg �ay�ent on the c�eck. By this tir.�e -: = `
' . - .it. is a stale check anvway, and I think the City would be justi- . _� . `
. .. �ied -in doing so. , - - ::�; _
ihe c,uestion remair_s as to no*a we are Lo gez z�.e reru��d. into � -
":r: LeJeure 's han�s. �ir. LeJeune has indica�ed that re �;o��ld
be willing to givP the Ci�y a ?�old .harmless agre�ri�nt. It is `
our -understazding that Dr. Alt zoes na� act•aally rnake clai� to
the fu�ds. - , -
� _ • � • .
f " � - -
, _ _ —
. � • Page 68
t-lr. Bruce Malkerson �
February 27 , 1980 .
Page 2 - _
� , . . .
` _ ,
, This is not the only vexatious aspect of this assessment as far_ � - .
as LeJeune is concerned. Ae is the man, you may recall, who � �. ,
had to privately contract for a stub connection to his property � _
. � as, for some reason, the City failed to provide one in his case. ;;�_�,,'
Then, in making claim for -reimbursement under our settlemeat ._ :_ �
agreement as a "special problem" , he was allowed only half of -'`'-�:;;�;: .,
the amount which he was required to pay. The rationale of the - _ :
City, as I und�rstand it, was that LeJeune had `paid too r.iuch' -� _, _ _ : '
to the private contractor. I had written to you requesting _yaur 'y- = _ :
� aid in seeing if a more equitable result couldn't be obtained `,' �_ _-"_ _ ' :
for LeJeune .in this matter but apparently -the City has been � _ _'-� `
�.-�__:
" steadfast in its refusal to pay more than half. . ___ :t. ._:- -
� In any event, I would appreciate it if you would do your utmost _� � _ • �
to see that Nir. LeJeune obtains the full amount of the refund ___- " � .
to which he is entitled. � I am sure the City records will verify.-- __::.`.'
the fact that it ��as he who actually paid the .assessment: � _ _ : "
, , � . _- - " .
. Very tsuly yours, � , _ - � �.
' , JOANSON & EASTI,IIND � .- _ __
� , - � � , Ralph W. Peterson - .�_.--- . -
rk'P/ch . , ' ..
- ' . � — _ , - , _
, . . - . _ :
; ' .. - _. - _
. _._ .
. , � :. ' - . . , ::: _ _ :-• .;_ , _•.
� _ . . . _ _ _ � :,
. . ' . . , . _ _ . � _ " . � � . . -. . _ . - � � . . . _ - ft�fs���ji�
, � . . � . • . . ' . .. " . _ . . .. . � _ _ " - _.I�`
� . � . � � , . .. . - . . � . . . � : '-_ - . - . ' " .'" " .. r ,
l • ' . - .. . � .. � . � _ . = . . - . .
\ ' '
� REGULAR MEETING OF THE ORONO COUNCIL, APRIL 14 , 1980 Page 69
Butler moved, Hurr seconded, that the following LICENSES*
licenses be approved: Motion, Ayes (4) - Nays (0) .
Commercial Kennel License
The Dog House Boarding Kennels , Inc.
Ingleside Eng. & Construction - Well Driller -
Rogers Well Company - Well Driller
Seitz Bros. , Inc. - Plumber
Robert Thoen Plumbing, Inc. - Plumber
Butler moved, Hurr seconded, that the All Funds BILLS*
Accounts an� Liquor Store Accounts 05215 through
05294 , 11339 through 11355 , 11390 through 11399 ,
0401-0001 through 0401-0046 , be paid. Motion,
Ayes (4) - Nays (0) .
Mayor Van Nest moved, Hurr seconded, that the ADJOURNMENT
meeting be adjourned at 11: 30 P .M. Motion,
Ayes (4) - Nays (0) .
!
i
�
William B. Van Nest, Mayor
Attest: � �
Walter R. enson, City A ' istrator