HomeMy WebLinkAbout04-28-1980 Council Minutes � E
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Regular rieeting of the Orono Council , 7 : 00 P .M.
�pril 28, 1980
The Orono Council met on the above date with
the following members present: Mayor Van Nest,
Councilmembers Butler, Hurr, and Paurus. Also
present: Zoning Administrator Mabusth, City
Attorney Malkerson, City Fngineer Cook, and � ,
City Clerk S-rom. Absent: City Administrator
Benson.
Butler moved, Paurus seconded, to approve the CONSENT AGrNDA*
Consent Agenda* , subject to removing item #3 ,
with all staff data and supportive information '
to be included in the Minutes in the sequence
they occur. Motion, Ayes (4) - Nays (0) .
No comments from the Park Commission. PARK COMMISSION
No comments from the Lake P�innetonka Conservation LMCD REPORT
District representative.
No comments from the Planning Commission. PLANNING CONLNIISSION
Mayor Van Nest announced that a public hearing was COMPREHENSIVE PLANNING
called by the Planning Commission for May 19 , 1980
at 7: 30 P.M, concerning the Comprehensive Plan.
No comments from the public present. PUBLIC COMMENTS
Jeanne Mabusth, Zoning Administrator, entered SUBDIVISION
into the record the request of Frank Routson, 280 Leaf Street
280 Leaf Street, for a subdivision, dated #405
April 17, 1980 , which states: ' Frank Routson
The Routson Addition has at last reached the
stage of final plat approval. I have worked
with the Routsons for the past year through one
mishap after another.
Staff recommends approval of the Routson Addition
plat subject to the findings and conditions noted
in the enclosed resolution.
Planning Commission Meeting - April 21, 1980
Planning Commission voted to recommend approval
of the final subdivision subject to the staff
resolution.
(Continued)
?.��G;iLAR •i�1�:r�TING OF THE OR���NO COliNCIL, APRIL 28, 1980 Page 2
Council Meeting - April 28 , 1980 SUBDIVISION
280 Leaf Street
Councilmember Hurr had questions concerning the (Continued)
structures on two lots - regarding variances.
Mabusth answered no variances necessary.
Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1139
#1139 , A Resolution Approving The� Plat Of Routson R�u�son Addition
Addition. Motion , Ayes (4) - Nays (0) .
Jeanne Mabusth, Zoning Administrator, entered into REZONING
the record the rezoning ap�lication of ,7ames Rivers, Windward Marine
1440 Shoreline Drive , dated April 21, 1980 , which #539
states: 1440 Shoreline Drive
James Rivers
This item was tabled at the last Council meeting
for further consideration of the various alternative
actions available.
To recap the last meeting, the facts presented
showed that the Windward Marine buildings (Area D)
were zoned "Commercial" in 1950 and have been
"B-2" since 1967, The Rivers ' residence (Area A) .
was zoned "Commercial" in 1950 but has been -
residential since 1967 (R-1B 1-1/2 acre in 1967;
LR-lA 2-acre in 1974) . The Rivers ' rental house
(Area B) has always been residentially zoned.
Area C has always been residentially zoned, and
was apparently seParated from the remainder of
Parcel 2500 (the Born residence) in 1969.
Windward' s docks on Tanager Lake extend slightly
over in front of Area A, or at least are not
setback far enough from Area A to meet LMCD
setbacks. Windward' s docks on Browns Bay are
partially located in front of Area A with buoy� and
a service dock located in front of Areas B & C.
The proposed dock rearrangement would eliminate
most buoys and utilize a 200 ft, deeP dock use
area in front of Areas A, B, C, & D on Browns Bay.
The City, and LMCD, have always issued licenses
for Windward' s existing dock and buoy layout, to
some extent,without clear definition of the zoning
line location.
The alternatives discussed at the last meeting are
as follows:
l. No Zoning Change - existing docks and buoys
could be continued as non-conforming uses.
New dock arrangement probably would not be
approvable. (Continued)
REGli1�AR MF'�;TING OF THE ORONO COUNCIL, APRIL 28, 1980 Page 3
2 . Rezone Area A Only - returns zoning to 1950 REZONING
configuration. Tar,ager r,ake and Browns Bay Windward Marine
docks become conforming. Buoys and service (Continued)
dock remain non-conforming. Rivers ' residence
becomes non-conforming. Same comment as
option 1 for new docks.
3. Rezone Areas A & B Only - all parking in front � •
of houses becomes conforming but both houses
become non-conforming. Does not allow full
DUA as proposed.
4. Rezone Areas A, B & C as requested - both
houses become non-conforming but full DUA is
' available. Options 3 & 4 also extend the
Tanager Lake DUA.
5. Rezone Area A east of road only - residences
remain conforming. Existing docks on Browns
Bay become conforming per previous licenses.
No DUA increase on Tanager Lake.
6. Rezone Areas A & B east of road only - same
comments as Option 5 , plus some addition -
DUA on Browns Bay. �
7. Rezone Areas A, B & C east of road only -
this option provides the full DUA on Browns
Bay as proposed to allow the new dock con-
figuration and/or to authorize the existing
docks and buoys. There is no increase in DUA
on Tanager Lake. The existing residences
remain conforming and the existing Tanager
Lake dock situation remains as it is today.
8. Rezone Areas A, B & C including east of road
and parking area but no Tanager Lake shoreline. •
Same as option 7 but includes commercial
zoning for parking lot. Protects Tanager Lake
from increased DUA.
9. Rezone A'reas A, B, C & remainder of Parcel 25�0 -
the principal advantage of this option is that
it does not divide this existing parcel.
My recommendation remains that the final zoning
location should conform to the expected use. If
the Council does not wish to have Tanager Lake
subject to increased dock usage, this area should
remain residentially zoned. Rezoning with or�en-
space easements has been suggested, but the easements
will not show on a zoning map or legal description,
thus, even if they are readily available in a file,
there is a greater likelihood of misinterpretation
in the future. (Continued)
REGULAR ME�TING OF THE ORONO COUNCIL, APRIL 28 , 1980 Paqe 4
On the other hand, if the area remains residential REZONING
with a non-conforming commercial use (dock setbacks Windward Marine
and/or parking) , this information will also be on (Continued)
file . In addition, it will be to the owner ' s
advantage to retain personal documentation of the
City ' s actions making it readily available if the
usage should ever be questioned .
� .
Council Meeting - April 28 , 1980 �
Mr. & Mrs. Rivers and Louis Oberhauser, their
attorney, were present .
Mayor Van Nest moved , Hurr seconded, to direct staff
to draft a resolution approvir�g the following items
for ,7ames Rivers of Windward Marine :
l . To rezone the areas of Zone A, B, & C which lie
east of County Road 15 from residential LR-lA to
B-2 Commercial conditioned that an open space
easement be granted to the City of Orono that
would in part contain the following conditions :
a) Prohibition against the construction of any
temporary or permanent structures . .
b) Prohibition against the construction of any
dock to connect to the dock structure which
may extend from "Zone D" to the authorized
dock use area in Browns Bay in front of Zones
A, B, & C.
c) Prohibition against parking of automobiles,
trailers, boats or outside storage of any kind.
2 . To grant a conditional use permit to allow the
eastern area of Zones A & B that lies between County
Road 15 and Tanager Lake, which shall remain zoned
LR-lA residential , to be used for an overflow
parking area for automobiles only, which is required
to meet the parking �'equirements of the comm�r��.al
marina located on "Zone D" including the authorized
dock use areas in Browns Bay and Tanager Lake. The
parking area and the balance of Zone A & B west of
County Road 15 shall be limited to only one curb cut
onto County Road 15 . The exact area of this automobile
parking area shall be shown on an exhibit to this
conditional use permit.
3 . To grant a dock variance to the Tanager Lake and Browns
Bay dock structures for the setback requirements
adjacent to the LR=1A residential zones . These setback
variances to be shown on an exhibit as part of this
variance approval and subject to approval of the Lake
Minnetonka Conservation District . (Continued)
i�_����'L?:r ;._„ =NG OF THE G'i�ONO CO�NCIL� 'r:�R_IL 28 , 1980 �a�� �
4 . To subdivide Zone C east of County Road 15 from REZONING
the parcel west of County Road 15 . Windward Marine
(Continued)
5 . The granting of the above rezoning, conditional
use permit, dock variance and subdivision stated
above in paragraphs 1 , 2 , 3 , & 4 are subject to
the following conditions :
t
a) that a boat density limit be established for
Tanager Lake dock area
b) that a boat density limit be established for
the Browns Bay dock area
c) that an overall boat density limit be established
for both dock areas including the boat storage
area on land in Zone D
d) that Zones A, B, C, & D be connected to a
municipal sanitary sewer system that would be
designed to connect directly to the interceptor
located in County Road 15 .
e) that all necessary sewer easements be granted
without cost to the City
f) dock layouts and variances must be approved by the
LMCD and be subject to all future ordinances
promulgated by the State Department of Natural .
Resources , Lake Minnetonka Conservation District '
and the City of Orono
g) that a boat marine toilet pumpout station be
located within the Browns Bay dock area that
will be connected to the municipal sanitary
sewer system
h) a landscape plan and schedule to completion for
Zones A, B, C & D and specifically for the portion
of Zones A, B, & C lying east of County Road 15
i) clarify language on assessments
j ) those sections on Zones A & B on the Tanager
Lake side that are zoned residential, to be
included in the chain of title , and waive
riparian rights for commercial dock use
k) payment of City expenses for administration,
engineering and legal review
1) that the Tanager Bay dock area adj.acent to Zone D
shall not extend farther than the existing dock
structure, which is ft.
m) that a 1980 marina license shall be granted by
the City of Orono as part of the approval of this
resolution after the acceptance by Windward Marine
and James Rivers
n) that the ownership in fee simple of Zone C east of
County road be the same as either Zone D or Zones
A & B which also lie east of County Road 15 .
o) that Windward Marine and James Rivers approve and
sign this resolution before approval of the Orono
City Council
Motion, Ayes (4) - Nays (0) .
�GU7.'�R :�.�:�t=`r'I"�G Or �I?E G��ONO COU'�CIL, APRIL 28 , 1980 Page 6
Jeanne T�abusth, Zoning Administrator, entered into CONDITIONAL USE PERMIT &
the record the reouest of John D. Albers, 1111 Tamarack VARIANCE
Drive, for a conditional use permit, dated April 2 , 1111 Tamarack Drive
1980 , which states: #547
John Albers
Zoning District - RR-1B
Work Session � .
A. Conditional use p2rmit (34 . 031) - keeping of one
horse on residential lot
B. Variance (34. 031)
Rear yard setback - Required: 150 '
Proposed: 112 ' .
Variance: 38 ' = 25%
Area required for one horse :
Required: 3. 0 acres
Proposed: 2 . 6 acres
Mr. Albers proposes constructing a 10 ' X 20 ' barn
to house one horse on his 2 . 6 acre residential
lot. He cannot meet the required setback for the
rear yard and he is 0 . 4 acre shy of the required :
area. Planning Commission should review the
performance standards noted in Ordinance No. 34. 031.
Note adjustments in area requirements can be given
if the animal' s feeding is not dependent on pasture
land. The Albers' plan is to house and feed the
horse in the stable area. As for the setback
question, the applicant has located the barn in
the center of the lot. His surrounding neighbors
all have horses. Planning Comrtission may suggest
a written comment from the neighbor to the south
where the variance is required.
Staff Recommendation - April 16 , 1980
Recommend approval of John D. Albers conditional
use permit and setback variance to keep one horse
and construct a horse barn on his 2 . 6 acre lot .
located at 1111 Tar.iarack Drive based on the
following findings:
l. Area requirements can be adjusted if horse' s
feeding is not dependent on pasture land - a
three acre lot is required if horse is
dependent on pasture land.
2. Barn requires a 38' setback variance but given
the hardship of the shape of the lot and in
addition, the barn' s most central location, it
would be impossible to meet 150 ' setback
requirement. (Continued)
REGUTAR rSEFTING OF THE OR0:10 COUNCIL, APRIL 28, 1980 Page �
3. Surrounding neighborhood is involved in CONDITIONAL USE PERMIT
similar use and to this writing, staff is not 1111 Tamarack Drive
aware of any objections from the neighbors. (Continued)
Planning Commission Meeting - April 2J_ , 1980
The Planning Commission approved conditional use
permit and variance application per the above `t ,
recommendations.
Council Meeting - April 28, 1980
Paurus moved, Butler seconded, to approve the
conditional use permit and variance request of
John D. Albers, 1111 Tamarack Drive, per the
Planning Commission recommendations and a letter
of approval from his neighbor to the south.
Motion, Ayes (4) - Nays (0) .
Jeanne Mabusth, Zoning Administrator, entered BUILDING PERMIT
into the record the request of C. Arnold Carlson, 855 Forest Arms Lane
855 Forest Arms Lane, for a building permit, #549
dated April 16 , 1980 , which states: Arnold Carlson
Mr. Carlson seeks clarification of the issue of
riparian rights for his new residence on Lot 5,
Block 2 , Forest Arms plat. He proposes to
construct a 30 ' X 4 ' parallel dock to store his
26 ' X 10 ' boat. The channel that abuts his
property was illegally dredged approximately
ten years ago at the time of original plat
approval.
In reviewing the files and previous Planning
Commission and Council minutes, the riparian
issue for lots abutting the channel have r�ever
been decided. Please review the Planning
Commission minutes of March 27, 1978 and
Council minutes of March 30, 1978. The issues
resolved during these discussions appeared to
be mainly concerned with road construction,
drainage questions, a developer' s agreement and
park fees.
Council Meeting - April 28, 1980
Mr. & Mrs Arnold Carlson were present.
Butler moved, Hurr seconded, to request staff
to draft a resolution approving the building
permit for Arnold Carlson, 855 Forest Arms Lane,
stating that the channel is not a legal channel
and does not include any legal right to maintain •
the channel; Carlson to sign off on resolution.
Motion, Ayes (4) - Nays (0) .
R�GliLAR MEETING OF THE ORONO COUNCIL, APRIL 28 , 1980 Page 8
Jeanne Mabusth, Zoning Administrator , entered into LAND TRADE
the record the request for a land trade of H. R. 925 Willow Drive S.
Johnston, 925 Willow Drive South, dated April 1 , 1980 #550
which states : H. R. Johr.ston
Staff has advised• Mr . Johnston that before he presents
a plan to subdivide the newly acquired Hendel property
that a proposed land trade with the City be resolved. �� ,
The applicant has asked the City to consider trading
a parcel of land (Parcel A) for City owned property
(Parcel B) approximately a one acre parcel located
at the west edge of the Hendel property. The acqui-
sition, of Parcel B, the remainder of the land peninsula,
will afford a more "efficient" platting of the subject
property. The public works staff advises that Parcel
B is landlocked via a western approach. The City does
not use the property.
John Gerhardson, Public Works Coordinator, states the
City is waiting for the MWCC to determine what portion
of the French Lake facility will be retained. As of
this date, we have heard nothing from the MWCC.
Staff Update - April 16 , 1980 _
In a rare moment of confusion, at the end of the meeting,
we forgot that an action vote was reguired for the H. R.
Johnston ' s proposal. I believe there was a general consensus
of approval of the land trade . Staff will bring the application
to Council for review at their April 28 , 1980 meeting noting
that the MWCC has not yet determined what portion of the
sewer facility will be retained. In your approval, you are
approving only of a potential land trade between a resident
and the City. The applicant is to provide the legal des-
criptions for the two newly created parcels .
Council Meeting - April 28 , 1980 ,
Discussion was held concerning what should be done with the
entire piece of property, what part the City owns , what the
MWCC owns and what they are planning to use it for, what
res�rictions and what is buildable. It was decided to
table this item until a later date until some of the
questions are answered.
' REGULAR MEETING OF THE ORONO COUNCIL, APRIL 28 , 1980 Page 9
Jeanne Mabusth, Zoning Administrator, entered into VARIANCE
the record the request of Kirk Grones, 3580 Livingston 3580 Livingston Aveni
Avenue , for a variance, dated April 23 , 1980 , which #553
states: Kirk B. Grones
Zoning District - LR-1C
Variance - Side setback
Required - 10 ' � •
Proposed - 3 . 7 '
Variance - 6 . 3 ' of 630
A variance setback is required for the construction
of a single car garage on the Grones ' lot in the
N,avarre Heights neighborhood. Planning Commission
approved this variance request with conditions at
their meeting of April 21, 1980 .
Council Meeting - April 28 , 1980
Hurr moved, Butler seconded, to approve the variance
request of Kirk B. Grones , 3580 Livingston Avenue,
subject to removing the shed and leaving the left
side as is. Motion, Ayes (4 ) - Nays (0) .
Butler moved, Paurus seconded, to approve the MARINA COMMITTEE
minutes of the Marina Committee dated April 9 , MINUTES*
1980 . Motion, Ayes (4) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to table SAILORS WORLD
the 1980 license for Sailors World at Paul ' s 1980 License
Landing item until a later date. Motion,
Ayes (4) - Nays (0) .
Glenn Cook, City Engineer, presented the City DNR PARKING LOT
Council with his letter concerning the DNR parking
lot dated April 17 , 1980 , which states:
"Enclosed please find the legal de::,cription for the
DNR parking area shown on the attached plan. The
area described is approximately 3 . 5 acres, of which
there is approximately l. l acre in the roadway slope
outside the street right-of-way line.
The City should require the DNR to provide a drainage
and utility easement over the west 20 ft. and the south
50 ft, of the described property. "
End of letter
Council Meeting - April 28 , 1980
Mayor Van Nest moved, Hurr seconded, to approve the
drainage and utility easement over the west 20 ft.
and the south 50 ft. per the above letter, subject to
no private access ,from any other property. Motion,
Ayes (4) - Nays (0) .
REGUL�R MEETING OF THE GkONO COUNCIL, "APRIL 28 , 1980 Page 10
Glenn Cook, City Engineer, presented the City RING ROUTE
Council with a memo concerning an update for the Construction Update
construction on the ring route road, dated April 22 ,
1980 .
Construction Update - Page 11
i '
Michael Gaffron, On-Site Systems Manager , presented NORTH SHORE DRIVE
the City Council with a memo regarding the North SEWER PROJECT
Shore Drive sanitary sewer questionnaire, dated
April 24 , 1980 , which states :
Attached are copies of the questionnaire returned
to us by residents involved in the North Shore Drive
sewer study area. The results to date are :
7 in favor of sewer (all indicated Alt. 1 , requiring
easements)
3 in favor of continuing with on-site systems
2 have not returned questionnaires
12 total residents in project area
Based on this response, and an indication from
Mr . Andrews that Mr. Rector will be sending a
response in favor of sewer, two-thirds of the
residents are in favor of a project at this time.
From the calls I have received, they would like the
project to be ir_itiared �ind completed with all due
haste to avoid future cost increases and neighborhood
disruption.
Of the three residents wishing to continue with on-site
systems, two have systems which likely would be
expensive or impossible to make conforming. In my
opinion, sewer is imperative for these homes .
I recommend that a public hearing be called for
Wednesday, May 21, 1980 , for the purpose of ordering
the project and calling �or preparation of plans.
Council Meeting April 28 , 1980
Mayor Van Nest moved, Butler seconded, to call PUBLIC HEARING DATE
a public hearing to be held on Wednesday, May 21, North Shore Drive
1980 at 7 :00 P .M. for the North Shore Drive sewer Sewers
project. Motion, Ayes (4) - Nays (0) .
Mayor Van Nest moved, Butler seconded, Lo adopt RESOLUTION #1142
Resolution #1142 , A Resolution Receiving Report North Shore Drive
And Calling Hearing On North Shore Drive-Scotch Sewers
Pine Lane Sanitary Sewer Project. Motion,
Ayes (4) - Nays (0) .
Page 11
Ring Route April 22, 1980
File No. 13902 by - GRC
i'`-��
ORONO, MINNESOTA � i = ; _ �' � '(� �
� +'_ �� L (� ��'�� I�'
�' `— �
Attendance• �.�
City of Orono - 3ohn Gerhardson �t . ,=„;? �;,_ -"� -
Glenn Cook '"� '�
Steve Quincey
Buffalo Bituminous George McAlpine - Stan CITY ''
Menth Landscape Mark Menth �� ���tv0
1. Construction to begin tneat week at intersection of Co. Rd. 6 and Watertown Road.
2. Construction Schedule
(a) Co�plete grading by-pass lane west side south of Co. Rd. 6
(b) Place concrete medians Co. Rd. 6 Ring Route Road
(c) Co�lete Bituminous paving by-pass lane east side
(d) Close County Road 6 to west
About May 7th - Co. Rd. 6 to south Ring Route will be single lane for two
days
(e) County Road 6 west to be completed in 30 days •
3. By-pass lane on County Road 19 to be completed in May
4. Bituminous binder course on Ring Route to be p2aced in May
5. Bituminous Wearing courae on entire project to be com�leted in June
6. Turf Restoration - started this week
(a) All back slope and toe slopes to be seeded and mulched as planned.
(b) Ditch bottoms to be sodde� in areas with high erosion potentisl
(c) Menth to get back on seeding of disposal areas
7. Retaining wall - vill not be constructed price too high
(a) Send letter to Buffalo
8. Storm sewer culvert - north side County Road 6 to be extended
GRC
JCA
REGULAR i�;EETING OF THE ORONO COUNCIL, APRIL 28 , 1980 Page 12
Michael Gaffron, On-Site Systems Manager, reviewed SEWER QUESTIONNAIRF
with the City Council his memo concerning returns Minnetonka Bluffs ,
on the sewer questionnaire sent to the Minnetonka etc . Areas
Bluffs, Orono Lane , West Ferndale , and County
Road 15 areas , dated April 24 , 1980 , which states :
Below is an update on the questionnaire returns
� for the proposed sewer project. �� ,
A. Minnetonka Bluffs - 21 of 27 , or 78% , have
returned the questionnaire . Of these 21 ,
14 are in favor of sewer and 7 want to remain
using on-site systems. Of the remaining 6 ,
at least 1 is probably in favor and the rest
are noncommittal . '
I recommend that we proceed by ordering the
improvements and call for preparation of plans
as soon as possible . The alternative course
of action would be to proceed with hazardous
building condemnations and attempt to repair,
replace, or remove existing systems as necessary
to ensure compliance with State and local codes . .
B. County Road 15 - Marina Area - 4 of 7 have -
returned the questionnaire; however, we have had
contact with all but Dave Duff regarding their
views on the project. Mrs . Gregory, owner of
the parcel south of the railroad tracks, which
was not assigned any units, called to indicate
she would not return the questionnaire since
she was not really involved in the project.
. The property owners in the immediate marina
area have all indicated objection to the high
cost of the project and wish to continue with
on-site systems unless a less expensive project
is �roposed. Holding tanks would be the only
acceptable method of on-site sewage disposal for
these properties.
I recommend that we continue our efforts in
getting MWCC permission to pump directly into '
the forcemain. Based on our eventually obtaining
this permission, we should then proceed with
ordering the improvements and call for preparation
of plans.
C. Orono Lane - 5 of 10 have returned the questionnaire ,
with 3 in favor of sewer Alternate II and 2 who
want to continue using on-site systems. While
the response here has been scanty, I must recommend
that we proceed with a project since two-thirds
of the Orono Lane area systems are non-conforming
and in some cases are failing miserably. Making
these systems conforming would be expensive and
on some lots not feasible .
(Continued)
REi;liLAR MEE`i�NG OF THE ORONO CGUNCIL, APRIL 28 , 1980 Page 13
D. West Ferndale - of 17 properties which definitely SEWER QUESTIONNAIRE
would be assigned a sewer unit, 15 have returned (Continued)
questionnaires . Of these 15 , 12 are in favor of
sewer and 3 against. Of the 12 in favor , 7 want
Alternate II (pressure) , 3 want Alternate I
(gravity) , and 2 will go either way . In addition
to the 17 definite units , 3 properties have
extensive wetlands which likely would cause the t .
lots to be unbuildable unless variances were
granted. Only one of the 3 owners has responded
and was not in favor of sewer.
I reconunend that we proceed by ordering the
improvements and call for preparation of plans .
The responses seem to indicate that the lower �
first-cost pressure system is more desirable to
the residents , and that they are generally in
favor of going ahead with the project at this
time.
Council Meeting - April 28 , 1980
Hurr moved, Butler seconded, to approve a public
information meeting for 7 : 00 P.M. , May 12 , 1980 -
for all property owners in the Minnetonka Bluffs, '
Orono Lane, West Ferndale, and County Road 15
sewer area to be notified that a decision will
be forthcoming at that meeting. Motion, Ayes (4) -
Nays (0) .
Butler moved, Paurus seconded, to approve the �OARD OF REVIEW*
date of May 27, 1980 at 7 : 30 P.M. for the
Board of Review meeting. Motion, Ayes (4) -
Nays (0) .
Butler moved, Paurus seconded, to approve the 201 FACILITIES
letter from Richard Dougherty, Metropolitan PLAN LETTER*
Waste Control Commission, to Mayor Van Nest Richard Doughert�
dated April 16 , 1980 . Motion, Ayes (4) - .
Nays (0) .
Letter - Page 14
Butler moved, Paurus seconded, to approve the 201 FACILITIES
letter to Salisbury Adams , Chairman, Metro- PLAN LETTER*
politan Control Commission, concerning the 201 Salisbury Adams
Facilities Plan Systems Overview, dated April 17 ,
1980 . Motion, Ayes (4) - Nays (0 ) .
Letter - Pages 15 & 16
- ;- -. - . Page 14
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. _ .,, � _ D
_ _ . , . ,.� , � D
NrK 18 1980
�i�` Apzil 16 , 1980 , � ClTll OF ORONO
� ` '
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._��_� �
`_-�\`��- .
� The Honora,ble W�lliam B. Va,nNest
� I Mayoz of Orono
� P. 0. Box 66
� � Crystal BaX , MN 55323 ,
� Dear Mayor VanNest;
l
i Thi.s will acknowledge xouz lettex o� �i,�z�l 10 � 1980
; concerning the Maple Plain Sewa.ge tzeatment �l�nt a�
conta�ned �n the 201 k'ac�litie� �lan Ove�Va,ew�
� Based on the Commissioners ' response to my presentati,on
i !� at the April 3 and 14 meetings , they concur y,�ith mX
recommendation to defer the xemoval of the Maple ;Pl��.n
� ! sewage treatment plant by placing it �,nto category B,
� � leaving that decision to be made sometime a�ter 1985-6 .
I ; We appreciate support of this position and your
� presence at the Hearing of April 15.
� Your letter of Apr�l 10 will be referred tQ the CommisSion.
�
i I Thanks !
IVery truly yours,
� ,
,
� ^
� RICHARD J. DOUGH R
I Chief �dministr r
� � RJD:sl
!
CC : Walter R. Benson, Orono Clerk--�idma.n�,stzator
Bruce Malkerson, Attorney �or City o� Orono
i50 fTlETRO/OURRE BLDG.
� 7TH6ROBERTJTREET/
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April 17, 1980
Mr. Salisbury Adams , Chairman
Metropolitan Waste Control Commission
350 r7etro Square Building
7th & Robert Streets
St. Paul, Minnesota 55101
RE: 201 Facilities Plan Systems Overview -
Preferred Plan - Maple Plain Sewage Treatment Plant
City of Orono
Dear Mr. Adams :
This letter is a followup to our letter dated .April 10 , 1980 ,
pertaining to the City' s position on the proposed Naple Plain
interceptor as part of the 201 Facilities Plan.
Mr. Dick Benson, our City Administrator, Mr. Bruce Malkerson,
our City Attorney, and I were in attendance at the Commission
meeting of April 15 , 1980 during the discussion concerning the
Preferred Plan as proposed by Mr. Dougherty and finally adopted
by the Commission at that meeting. It was our understanding that
the action taken by the Waste Control Commission• would, in part,
modify the Preferred Plan as transmitted to us by letter dated
March 26, 1980, as it pertains to the Maple Plain Sewage Treatsnent
Plant.
• Our understanding of the modified Preferred Plan that was adopted
by the Commission was that phosphorus removal equipment and filters
would be installed at the Maple Plain Sewage Treatment plant as
a priority A item during the 1981 construction season. Further,
we understand that Mr. Dougherty' s recommendations as adopted by
the Commission, was that an I & I study should be conducted on the
Maple Plain sewage collection system and that Maple Plain should
make the necessary corrections to eliminate the excessive infiltration
and inflow at the earliest possible date. We further understood
that the plant operation would again be reviewed in 1986 as part of
the priority B items of the 201 Facilities plan to determine what
further action would be necessary in regard to the Maple Plain sewage
treatment plant. j�e understand that one of those options to be
Page 16
Mr. Salisbury Adams, Chairman
April 17, 1980
Page 2
" `i -
considered in 1986 may be the elimination of the Naple Plain
Sewage Treatsnent Plant via interceptor to the central sewage
system of the metropolitan area.
The City of Orono strongly objects to any plan that will eventu-
ally result in the construction of an interceptor across rural _
Orono, but it does approve of your actions of the 15th which wil�
make the necessary modi�ications to remove phosphorus at this time
and leave the ultimate decision regarding the Naple Plain Sewage
Treatment Plant to 1986 , at which time , further information will
be available.
If this is not your understanding of the action taken by the
Commission on the 15th, please let us know at your earliest
convenience so that the City may respond at an early date.
Thank you for your cooperation in this matter. '
Yours truly,
��C� ' Gf�s-�
William B. Van Nest
Mayor
cc: Metropolitan jaaste Control Commissioners
Mr. Richard Dougherty, Chief Administrator
i
�
. �
REGULAR MEE'1'ING OF THE OkONO COUNCIL, APRIL 28 , 1980 Page 17
Butler moved, Paurus seconded, to approve the MWCC LETTER*
letter to the Metropolitan Waste Control Commis- 201 Facilities Plan
sion concerning the 201 Facilities Plan Systems
Overview Preferred Plan, dated April 17 , 1980 .
Motion, Ayes (4 ) - Nays (0) .
Letter - Pages 18 & 19
�;
Butler moved, Paurus seconded, to approve the POLLUTION CONTROL
letter to the Minnesota Pollution Control Agency, LETTER*
concerning the 201 Facilities Plan , dated April 22 , 201 Facilities Plan
1980 . Motion, Ayes (4) - Nays (0 ) .
Letter - Page 20 '
Butler moved, Paurus seconded, to approve the WILLOW DRIVE
following letter from Emil Brandt, Transportation CLASSIFICATION LETTER*
Coordinator, Metropolitan Council , dated April 18 ,
1980 . Motion, Ayes (4 ) - Nays (0) .
"Your request for the removal of the designation
of Willow Drive as a minor arterial has been _
received and is being referred to the Systems •
Planning Committee, which is an advisory technical
subcommittee to the Transportation Advisory Board
on matters of this sort.
The committee meets monthly and should discuss this
item at one of its next meetings .
It is my understanding that the designation of
Willow Drive as a minor arterial resulted from a
request from Hennepin County in 1979 . We will
advise you when this item is scheduled to be
discussed by the committee so that you or a representa-
tive can attend the meeting if you so desire . "
End of letter
Dick Benson, City Administrator, prepared a report CABLE TV. MEETING
concerning the Cable TV meeting of April 17 , 1980 , April 17 , 1980
which states:
The following persons were in attendance at our Cable
TV meeting held April 17 , 1980 at 7 : 30 P.M. :
R.N. (Dick) Dutcher, Tonka Bay; Vicky Long, Minnesota
Cable Communications Board; Lois Johnson, Minnetonka
Beach; Mary C. Butler, Orono Council; Dick Benson,
Orono Administrator; Jim Whitesell , Laker Newspaper;
Hubertus Sarrazin, Mickelson Media.
(Continued, Page 21)
� . .
TricF�}�on[� 47;'-;3�7
Page 18
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April 17, 1980
Metropolitan t�Jaste Control Commission
350 Metro Square Building
7th & Robert Streets
St. Paul, Minnesota 55101
RE: 201 Facilities Plan Systems Overview -
Preferred Plan - Maple Plain Sewage Treatment Plant
City of Orono -
Ladies and Gentlemen:
We are enclosing for your review our letter to Mr. Salisbury
Adams, Chairman of the Metropolitan Waste Control Commission,
which outlines Orono' s understanding of the action taken Tuesday
afternoon, April 15 , 1980 , concerning the Maple Plain Waste Water
Treatment Plant which is part of the 201 Facilities Plan.
During the discussion that ensued after Mr. Dougherty' s presentation,
I was pleased to hear that there is concern over the existing
concept of the central sewer system for the entire metropolitan
� area. As I listened to your comments, I could not help hut reflect
on similar discussions that our City Council has held pertaining
to policies that have been in existence for some years , which were
based upon conditions that no longer exist.
The central collection philosophy that the Saaste Control Commission
operates under today was established some 15 years ago by a Board
of business and political leaders. The policy that was adopted
� by this Board was the philosophy of a centralized system designed
� for the urbanized portion of the metropolitan area with a projected
population of some four million people. The Board established a
service area delineated by the 2�ZSSR line in order to provide a
central sewage capacity for a projected urban population of four
million people.
Page 19
Metropolitan .�•7aste Control Commission
April 17, 1980
Page 2
� � .
The dilemr,�a that we are presently facing is that the central
sewage philosophy made some 15 years ago was based on population
projections that have not and will not materialize within the
urban portion of the metropolitan area. I do not find fault with
the central sewage philosophy for the core city and even for the
first ring of developing suburbs , but I do strongly feel that, at
this time, the philosophy of providing central sewer beyond the
first ring of developing suburbs should be rethought.
It has been apparent to the City of Orono, in its 10 years of
comprehensive land use planning, that the location of the MSSR
line is incorrect in the area of the northwest quadrant of the
Lake Minnetonka Watershed, which includes the entire rural service
area of the City of Orono. As part of our Comprehensive Land
Use Plan, we will be recommending relocating the MSSR line , which
in part, recognizes the changes that have occurred in the population
projections since this line was establish�d in the mid 1960 ' s.
Orono' s population projections at the time the MSSR line was
established were approximately 40 , 000 people which has been
reduced to only 11 , 000 at saturation of which only 3 , 500 will be
served by the central sewage collection system.
It is our hope that both the Metropolitan Council and Waste Control
Commission will rethink the central sewer philosophy for. the second
and third ring communities as well as allow the existing MSSR line
to be modified where necessary as part of the Comprehensive Land
Use Planning that is nearing completion.
Thank you_for'your consideration in this matter.
Yours truly,
/� �
William B. Van Nest
Mayor
cc: Mr. Salisbury Adams
Mr. Richard Dougherty
Enclosure
� Te�i�phone 47�i-',3i;
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' 3 Yust Office Box 66•Crystal Bay, Minnesota ��323•h7unicipal Offices
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yt�'�� On the 1Vorth Shore of Lnke Minnetonka
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April 22, 1980
r4innesota Pollution Control Agency
1935 West County Road B-2
Roseville, Minnesota 55113
Ladies & Gentlemen:
I am enclosing for your review Orono' s correspondence to your
agency, the Pollution Control Agency, Mr. Salisbury Adams , Chair-
man of the Metropolitan Waste Control Commission, MWCC Commissioners ,
and Mr. Richard Jo Dougherty' s letter to Mayor Van Nest.
The City of Orono does support Mr. Dougherty' s recommendations
to the MWCC and the Commission' s concurrence to make the necessary
modifications to the Maple Plain Waste Water Treatment Plant,
allowing additional removal of phosphorus from the plant effluent.
The City of Orono is also very supportive of encouraging the PCA
to continue its investigation of the ponding area and wetlands
receiving the treatsnent plant effluent. It has been brought to our
attention that storm sewers are discharging directly into the marsh
area causing an adverse effect on the entire wetlands.
Mr. Dougherty' s recommendation to conduct an I & I study on the
Maple Plain sewage collection system and to make necessary corrections
to eliminate excessive infiltration and inflow is of the utsnost
importance at this time.
It is our hope that the PCA and the N1WCC will thoroughly investigate
all existing conditions and strive toward one common goal in
correcting the Maple Plain Waste Water Treatment Plant' s excessive
hydraulic load and phosphorus discharge.
Thank you for your cooperation in this matter.
Sincerely,
C � /��� -�
V�aIte� � s n
City dministrator
Enclosures
RrGULAR MEETING OF THE ORONO COliNCIL, APRIL 28 , 1980 Page 21
There is interest on the part of Minnetonka Beach CABLE TV MEETING
and Tonka Bay� to continue our discussion relative to (Continued)
' gathering facts on Cable TV service .
It was decided to request the individual Councils to
apooint a representative to serve on a committee to
gatner further information and consider a cable service
` `i
area . .
Another meeting is set for May 15 , 1980 at 7 : 30 P .M.
at the Orono Council Chambers .
Council Meeting - April 28 , 1980
Mayor Van Nest moved, Hurr seconded, to appoint
Councilmember Butler and City Administrator Benson
on a committee to establish a Cable TV service area
territory, subject to review by the legal department.
Motion, Ayes (3) - Nays (0) . Abstain (1) . Council- '
member Paurus abstained.
Dick Benson, City Administrator, entered into the INFILTRATION/INFLOW
record the following Infiltration/Inflow items
dated April 25 , 1980 , which states : •
In your last agenda packet was an entire review to
the I & I Study.
We now have an Engineer ' s Agreement, a Metropolitan
Waste Control Commission Agreement, and a resolution
to participate, which have all been reviewed by the
legal department and are ready for Council approval.
The City does have funds budgeted for their share and
we are ready to start our study.
Council Meeting - April 28 , 1980 �
Hurr moved, Butler seconded, to approve the Owner- ENGINEER AGREEMENT
Engineer Agreement Form For Wastewater Treatment Works I/I
Infiltration - Inflow (I/I) Analysis , Orono, Minnesota.
Motion, Ayes (4) - Nays (0) .
Hurr moved, Butler seconded, to approve the Agreement METROPOLITAN WASTE
between the Metropolitan Waste Control Commission and CONTROL AGREEMENT
the City of Orono. Motion, Ayes (4) - Nays (0) .
Hurr moved, Butler seconded, to adopt Resolution RESOLTUION #1140
#1140 , A Resolution To Conduct Infiltration/Inflow I & I
Analysis. Motion, Ayes (4) - Nays (0 ) .
REGULAR MEETING OF THE ORONO COUNCIL, APRIL 28 , 1980 Page 22
Mayor Van Nest moved, Butler seconded, to approve CRYSTAL BAY POST
the attached letter concerning the Crystal Bay OFFICE LETTERS
Post Office to Vice-President Mondale , Senator
Boschwitz , Senator Durenberger, and Representative
Hagedorn. Motion, Ayes (4) - Nays (0) .
Letter - Pages 23 & 24 �� .
Mayor Van Nest moved, Butler seconded, to approve
the attached letter mailed to Gene Kreienbrink,
Postmaster, United States Post Office , concerning
the Crystal Bay Post Office. Motion, Ayes (4) -
Nays (0) .
Letter - Page 25
The agenda item concerning Council vacancy COUNCIL APPLICATIONS
applications was tabled untii a lacer aate.
Dick Benson, City Administrator, presented the LAFAYETTE RIDGE
City Council with a memo concerning Lafayette WATER RATES*
Ridge water rates, dated April 25 , 1980 , which ;
states :
An agreement to provide City water to Minnetonka
Beach for the Lafayette Ridge area was executed
December, 1979 .
The rate was not established and the customer
has been in service since the execution of the
agreement.
Based upon this information, I met with Mayor Lois
Johnson last Tuesday and agreed on the rate to bill
the City of Minnetonka Beach based upon our existing
water rates for Orono residents.
I anticipate that our rates to our residents will
increase as determined by a utility rate study now in
progress . I do not anticipate that the rate to
Minnetonka Beach for the Lafayette Ridge area
will increase because of their ownership of the
existing lines and meters.
Council Meeting - April 28 , 1980
Butler moved, Paurus seconded, to adopt Resolution RESOLUTION #1141*
#1141 , A Resolution To Establish Water Rates For Water Rates
Users Of The Lafayette Ridge Area In The City Of Lafayette Ridge
Minnetonka Beach Served By The Orono Navarre Water
System. Motion, Ayes (4) - Nays (0) .
� Telephone 473 735i
�'''� ' � � Page 23
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' ��.: On the 1Vorth Shore oj Lake Minnetonka
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April 23, 1980
The Honorable Walter Mondale
The Vice-President of �
the United States
Old Executive Office Building
Washington, D. C. 20501
Dear Mr. Vice President: .
I would like to take this opportunity to review with you events
that have led to the sale of the Crystal Bay Post Office and
the eventual closing of this facility December l , 1980.
It came to our attention on July 10 , 1979 that the present
building housing the Crystal Bay Post Office, located in the
City of Orono, was being placed on the market for sale.
The Field Real Estate and Building Office Division of the United
States Postal Service, located in St. Paul, Minnesota, which is
leasing the building , was advised of the proposed sale. The Real
� Estate Division advised the City that the postal service was not
interested in purchasing the building because of the limited number
of lock box customers that are now presently using the facilityo
Suitable quarters to accommodate a post office or a contract station
are not presently available and the cost of constructing a new
facility is financially prohibitive. The tentative plan now is to
provide rural service delivery to the patrons nqw receiving lock
box and General Delivery services. It is estimated that carrier
service to the individual homes affected by the post office closing
will be considerably less than maintaining a new facility and the
City of Orono is very supportive of this decision.
The City of Orono, which is located approximately twenty miles west
of the Twin Cities, is twenty-seven square miles in size and has a
population of approximately 7,200 people. The City is also located
within the heart of Lake Minnetonka.
� 0.f ' .
Page 24
The Honorable Walter Mondale
April 23 , 1980
Page 2
. - y -
The City of Orono is presently s�rved by five post �offices which
provide rural deliveries to our residents, and two additional
post offices that provide only lock box service. The post offices
serving us are : �ti'ayzata, Excelsior, r7ound, r✓aple Plain, Long
Lake, tiavarre , and Crystal Bay. �
� For ;nany years , the long-range plan of the City of Orono has been
to encourage consolidation of all of the present rural deliveries
and allow them to function out of one postal building.
The City of Orono does not have its own address system to allow
residents to identify themselves with the City they reside in.
It would appear that consolidating the present system, allowing
the existing routes to be administered from one existing post
office, would acc�mplish what is desired, and that is to establish
a City of Orono address system using one common zip code that is
now being used by one of the post offices now serving our area.
The cost effectiveness of consolidating the present system, while
establishing a long awaited City of Orono address for our residents ,
appears to be in the public' s interest and would ultimately simplify
the extremely complicated system now in effect.
Since the regulations controlling the merger of a post office
operation with another are based upon Federal law, the City Council
and its residents are respectfully requesting your assistance in
this matter.
Thanking you in advance for your cooperation in this matter, I am _
Sincerely,
C�C/. , %, J
�
Walt .�Benson
Cit Administrator '
WRB/as
TE•lephune 4i3�73b7
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• . Page 25
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3'ost Uffice f3ox 66•Crystal Bay, Minnesota 55323•Municipal Offices
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April 24 , 1980
United States Post Office
Gene H. Kreienbrink, Postmaster
Minneapolis , Minnesota 55410
Dear Mr. Kreienbrink:
For your information, I have enclosed a letter mailed to
Vice-President Walter Mondaie and United States Senators -
and Representative requesting their assistance in establishing
an address system for the City of Orono, coordinating all of
the present rural delivery routes within one postal building.
The City Council has discussed this matter in great detail
and have concluded, as indicated in my March 18 , 1980 letter
to you, that the City does desire consolidation of the present
routing system.
Our current State legislators and senators concur with this
decision and have suggested we contact our Federal representatives.
The City of Orono does. want to meet with you at your convenience
to discuss this matter further.
Please feel free to call me at my office, 473-7358, and we will
arrange to meet with you to continue our discussion on this
matter.
Sincerely,
C����
alt enson
Ci Administrator
nclosures
REGULAR MEETING OF THE URONO COUNCIL, AFRIL 28 , 1980 Page 26
Butler moved, Paurus seconded, to approve the part- PART-TIME EMPLOYMENT
time employment of Kevin Wagman for the Public Works Kevin Wagman
Department at a rate of $3 . 10 per hour effective
April 21, 1980 . Motion, Ayes (4 ) - Nays (0 ) .
Butler moved, Paurus seconded, to approve the LICENSES*
following licenses: Motion, Ayes (4 ) - Nays (0) . �� .
Residential Kennel Licenses
Duane Anderson - 4220 Chippewa Lane
Mary Erler - 3448 North Shore Drive
James Fullerton III - 3359 Fox Street
George Ronald - 2480 Old Beach Road
Steve Schmit Plumbing - Plumber
Butler moved, Paurus seconded, that the All BILLS*
Funds Accounts and Liquor Store Accounts
5290 through 5338 , 11360 through 11386 , and
0415-00001 through 415-00045 , be paid. Motion,
Ayes (4) - Nays (0) .
At 10 : 20 P.M. , An executive session was held to EXECUTIVE SESSION
discuss items in litigation.
Butler moved, Paurus seconded , that the meeting ADJOURNMENT
be adjourned at 10 : 45 P .M. Motion , Ayes (4 ) -
Nays (0) .
�
� William B. Van Nest, Mayor
Attest:
� Walter . � enson, 1 y Administrator