HomeMy WebLinkAbout06-02-1980 Council Minutes �R�
CITY OF ORONO
Regular Meeting of the Orono Council, 7: 00 P.M.
June 2 , 1980
The Orono Council met on the above date with the
following members present: Mayor Van Nest, Council-
members Butler and Paurus. Councilmember Hurr arrived
at 7 : 02 P.M. Also present: City Administrator Benson,
City Planner Olson, City Engineer Cook, City Attorney
Peterson, and Planning Commission Member Jabbour.
Mayor Van Nest reconvened the public hearing PUBLIC HEARING
concerning the proposed sewer project for North North Shore Drive -
Shore Drive and Scotch Pine Lane at 7:00 P.M. Scotch Pine Sewers
Mayor Van Nest announced that the public hearing
would be held open until 7 : 15 P.M. to allow
sufficient time for resident participation.
Councilmember Hurr arrived at 7 :02 P.M.
Mayor Van Ne�t asked if there were any consent CONSENT AGENDA*
agenda items the public or Council would want
removedfran the listed items.
Butler moved, Paurus seconded, to remove Consent CONSENT AGENDA*
Agenda Item #13 from the consent agenda. Motion,
Ayes (4) - Nays (0) .
Butler moved, Paurus seconded, to approve the
Consent Agenda*, subject to the removal of item
#13 , wit� 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 Minnetonka Conservation LMCD REPORT
District representative.
No comments from the Planning Commission. PLANNING COMMISSION
7 : 15 P.M. - Public Hearing continued.
It was noted that Mr. Albert Andrews, Jr. , 2625 PUBLIC HEARING
North Shore Drive , was the only resident present. (Continued)
Mr. Andrews commented that he was in favor of the
proposed project.
Mayor Van Nest closed the public hearing at 7: 17 P.M.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 2 , 1980 Page 2
Mayor Van Nest commented that at the previous PUBLIC HEARING
public hearings and public information meetings , (Continued)
eight residents were in favor of the project and
four residents opposed the project. In view of
two to one residents favoring the project and the
over-whelming supportive data documenting inadequate
septic system operations, I find it difficult not .
to order the plans and specifications for this
sanitary sewer project. When they are complete,
we will then notify the residents and review the
plans with them.
Paurus moved, Butler seconded, to adopt Resolution RESOLUTION #1150
#1150 , A Resolution Calling For Preparation Of Plans Plans & Specification;
For North Shore Drive-Scotch Pine Lane Sanitary North Shore Drive &
Sewer Project. Motion, Ayes (4) - Nays (0) . Scotch Pine Lane
Butler moved, Paurus seconded, that the Minutes MINUTES*
of the Regular Meeting of April 28 , 1980 , be April 28 , 1980
approved. Motion, Ayes (4) - Nays (0) .
Butler moved, Paurus seconded, that the Minutes MINUTES*
of the Public Hearing Meeting of May 21 , 1980 , May 21, 1980
be approved. Motion, Ayes (4 ) - Nays (0) .
Butler moved, Paurus seconded that the Minutes of MINUTES*
the Board of Review Meeting of May 27 , 1980 , be Board of Review
approved. Motion, (4) - Nays (0) .
Alan Olson, City Planner , entered into the record COMPREHENSIVE PLAN
the following concerning the 1980 Community
Management Plan, dated May 28 , 1980 , which states:
On May 19 , 1980, the Orono Planning Commission
adopted a resolution to recommend approval of the
Community Management Plan.
Final background data pages are being typed now for
printing in Part IV. Final proofing is being done for
printing next week . Distribution is scheduled for
June 15-25, 1980 .
I recommend adoption of the attached resolution
transmitting the Plan to the Metropolitan Council,
and requesting a review extension for adjacent
government comment. This should be sent along with
a cover letter from the Mayor and Mr . Benson,
submitting the plan and requesting a meeting with
their staff to informally review staff questions
before formal Council action. -
(Continued)
, . ',
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 2 , 1980 Page 3
Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1151
Resolution #1151, A Resolution Transmitting The Transmit Plan
1980 City Of Orono Community Management Plan To (Continued)
The Metropolitan Council. Motion, Ayes (4 ) -
Nays (0) .
No comments from the public . PUBLIC COMMENTS
Jeanne Mabusth, Zoning Administrator, prepared a
memo concerning a variance for Milton H. Seifert, VARIANCE
1856 Shadywood Road, dated May 28 , 1980 , which states: 1856 Shadywood Road
#548
Hardcover Variance - Milton Seifert
Permitted 4 ,113 sq. ft. or 250
Existing 7,360 sq. ft. or 450
Proposed 5,758 sq. ft. or 35%
Dr. Seifert proposes construction of a 14 ' X 21 '
addition on the lakeside of his residence and raise
hishouse four feet to create a lower level . It
appears the lakeshore addition meets the average
setback distance from the lake. The variance is
required because of the extensive hardcover existing
on the property. The applicant has proposed removal
of specific paved areas on the site that will result
in a l0o reduction of hardcover .
The major concern of the Planning Commission through
the entire review has been the consideration of the
three rental units, but more specifically, the
lakeshore unit. Planning Commission in their
recommendation approved the variance application with
the condition that Dr . Seifert enter into an agreement
with the City that would require the complete removal
of the lakeshore structure within a time framework
not to exceed five years.
Please review the Planning Commission minutes of
April 7 , 1980 and May 5, 1980 for background and
recommendation.
Staff Comments - For the May 5, 1980 meeting, staff
noted concern in the reviewing memo that the
designated paved areas to be removed may create more
safety problems by negating the turnaround ability
by the main house if parking is allowed. The
applicant has stated that each residence� is assigned
a stall in the garage and that additional parking is
provided behind the garages along Shadywood Road.
Applicant states turnaround ability will be retained
up at the house because parking will not be allowed. -
Adams voiced the same concern and asked that the
City Engineer address the issue of parking requirements
for four residential units in relation to the proposed
parking on the site . The same ordinances apply as did
in the review of the David Butler application. (Continued)
, '.
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 2 , 1980 Page 4
Please review: VARIANCE
1856 Shadywood Road
38 . 201 R Districts - Within all "R" Districts, (Continued)
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
structures may be that such garages may be located
to within ten feet of any interior side lot line and .
to within ten feet of a rear lot line subject to
Section 31.200ff . 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 feet of an interior side lot line and to
within ten feet of a rear lot line.
38 . 240 Design and Maintenance of Parking Areas
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.
Based on the following findings, Staff recommends
approval of the hardcover variance of Milton Seifert
subject to the applicant entering into an agreement
with the City establishing a "phasing out" schedule
for the three rental units to be completed within a
year period.
l. Property located within the LR-1C Zoning District
that permits only single family dwellings
� 2 . Parking requirements for existing rental units
cannot be satisfied (Ord. 38 . 201 & 38 . 241)
3 . Lakeshore cabin located within 0-75 ' setback
area is in violation of the hardcover allowances
section of the code .
Council Meeting - June 2 , 1980
Present: Mr. Curtis Pearson, Roger Freeburg,
architect, and Mr. & Mrs. Seifert.
Mr. Pearson reviewed his clients application
commenting that the existing units have been
rental units since 1964 . Mr. Seifert moved
on the property in 1974 and in the fall of 1979 ,
Mr. Seifert was advised of the existing 25$ hardcover
regulation. (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 2 , 1980 Page 5
Mr. Freeburg has recommended raising the existing VARIANCE
home four feet and my client, Dr . Seifert, has spent 1856 Shadywood Road
$5 ,000 to date and is planning on a total outlay of (Continued)
$80, 000 to improve the property, which is in the
City ' s and abutting neighbors ' interest. We do plan
on bringing the entire site into conformance if we
go ahead with the project. We would agree to a _
contract or agreement amortized over five years to
accomplish conformance. We want to eliminate
some rental units over the next five years.
Mr. Seifert has paid four water and sewer units and
they are all connected.
, Mayor Van Nest: You are not bringing site into
total conformance and eliminating other rental units?
Mr. Pearson: Only hardcover regulations.
Mayor Van Nest: This is a single family residence
area. This is an illegal non-conforming use . If
this existed before the present zoning code was
initiated, you should have an illegal non-conforming
use permit.
Mr. Pearson: No, my client does not have an illegal
non-conforming use permit.
Mayor Van Nest: All of the rental units should be
removed. Simply because the units existed before
the present zoning code was adopted does not permit
you to expand the uses and not eliminate these rental
units.
Mr. Pearson: My client does not agree with this.
We ask that you restrict the use now and leave the
property in a non-conforming use.
Mayor Van Nest: You may not increase the bulk of
the housing while remaining in an illegal non-conforming
use status. Leaving four structures on one lot, while
increasing �he size of another is not what I consider
to be conforming and is not in the City ' s interest.
Councilman Paurus: I would consider an arrangement
where the lakeshore structure would be eliminated
now and the other two on a contractural arrangement
over 2-4 years.
Mr. Pearson: No. I would not recommend that my
client agree to that. My client wants to improve
his property now. You do not have authority to
demand we remove existing rental units.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 2 , 1980 Page 6
Mayor Van Nest: The lakeshore cottage should be VARIANCE
removed now. I believe the other two rental units 1856 Shadywood Road
could be left as out buildings. (Continued)
Councilmember Paurus : I would want to see a phased
plan to eliminate the rentals which could leave
them as out buildings and take the lakeshore cottage .
down.
Mr. Pearson: The Planning Commission and residents
in the area do approve our plan.
Mayor Van Nest: Other people ' s property rights have
to be protected. Leaving existing rental units
diminishes property values. When was the water
and sewer installed?
Mr. Pearson: Water - 1972 ; sewer - 1965
Mayor Van Nest: We want to see that the property
totally conforms to the existing codes. If the
City does enter into an agreement, some variances
might be granted, but we will not allow multi-
housing to remain on one lot.
Mr. Pea�son: All structures are conforming. The
use of land might be non-conforming. We are here
now offering to improve the structures.
Mayor Van Nest: Mr . Pearson, the structures are
now non-conforming. I believe you and staff should
review this application.
Paurus moved, Butler seconded, to table the variance
request of Milton Seifert, 1856 Shadywood Road, for
further review and to enter on the June 30 , 1980
agenda. Motion, Ayes (4 ) - Nays (0) .
Jeanne Mabusth, Zoning Administrator, prepared a SUBDIVISION
memo concerning a prelimin�ry subdivision for 4701 West Brance Rd
William Moore, 4701 West Branch Road, dated May 28 , #538
1980 , which states: William Moore
Zoning District - RR-1B �
Subdivision - Two lot plat
Area - 11.153 acres
5.452 cares (Lot 1)
5.361 acres (Lot 2)
The Moores propose a two lot plat of their 11 acre
homestead. The existing driveway will serve the
newly created Lot 2 .
(Continued)�
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 2 , 1980 Page 7
Access - Lot 2 will access West Branch Road via a SUBDIVISION
25 ' corridor. The existing driveway serving the 4701 West Branch Rd.
Moore ' s residence (Lot 1) is located within Lot 2 ' s (Continued)
access corridor . Lot 2 will grant an access and
utility easement in favor of Lot 1 . The Planning
Commission was asked to consider a road easement
to the south linking the Valek plat and creating a
potential through road between Tonkaview Lane and �
West Branch Road. In reviewing such a proposal,
the County Highway Department has stated that the
access location of the Moore ' s driveway would never
be acceptable as a through road approach. Planning
Commission decided that a safer access would be
further east on West Branch Road and that the proposed
road would appear too close to County Road 19 . The
City will require dedication of right-of-way for
West Branch Road and Highview Lane .
Septic Testing - The septic inspector reports no
problem with locating suitable area for an on-site
septic system (shallow trench for Lot 2) . He will
require a complete site evaluation report before he
can recommend final approval of the plat.
Wetlands - There is approximately 1 to 1-1/2 acres
of wetlands. The City will require a Conservation
and Flowage E�sement.
Please review the Planning Commission minutes of
May 5, 1980, March 17 and February 19 , 1980 for
background discussion and recommendation.
Staff recommends approval of the preliminary plat
of William Moore based on the following conditions:
1. Flowage and Conservation Easement over the wetlands.
2 . Dedication on the plat of right of way for the
following roads :
a) 40 ' West Branch Road
b) 30 ' Highview Lane
3 . Variance - Setback of animal barn
Required: 150 '
Proposed: 70 ' ,
Variance: 80 '
Hardship Findings:
a) location of existing "animal" fencing along
east/west property line (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 2 , 1980 Page 8
b) animal barn was located 130 ' from existing east SUBDIVISION
property line 4701 West Branch Rd.
(Continued)
4 . Park dedication fee for Lot 2 of $100 . 00
Council Meeting - June 2 , 1980
Hurr moved, Butler seconded, to direct staff to
prepare a resolution to include staff recom-
mendations, as follows:
l. Flowage and Conservation Easement over the
wetlands
" 2 . Dedication on the plat of right of way for the
following roads :
a) 40 ' West Branch Road
b) 30 ' Highview Lane
3 . Variance - Setback of animal barn
Required: 150 '
Proposed: 70 '
Variance 80 '
Noting change in variance under condition #3 , proposed
70 ' ; variance 80 '
Hardship findings:
a) location of existing "animal" fencing along
east/west property line
b) animal barn was located 130 ' from existing east
property line
4 . Park dedication fee for Lot 2 of $100 .00
5. Minnehaha Creek Watershed District approval of
culvert size .
6 . Resolution to address 25 ' corridor.
Motion, Ayes (4 ) - Nays (0) .
Jeanne Mabusth, Zoning Administrator, prepared the VARIANCE
following memo concerning a variance for pon Udell, 1210 Loma Linda Ave.
1210 Loma Linda Avenue, dated May 28 , 1980 , which #542
states: Don Udell
The Lldells propose construction of an attached
24 ' X 22 ' garage that will encroach 3 ' from the
side (north) property line . The building
inspector has confirmed that because of topography
and location of mature trees, this is the only
feasible location to attach a garage. �
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 2 , 1980 Page 9
During the review, the Planning Commission questioned VARIANCE
the three additional rental units on the Udell 1210 Loma Linda
property. The zoning district calls for a minimum (Continued)
lot size of one acre - one residential unit per acre.
The Commission recognizes that the existing structures
were there when the Udells acquired the lots, but
recommend the property be legally defined as two -
building sites.
Staff reviewed the outstanding violations on the one
rental cabin. The violations cover a period of ten
years and involve the storage of unlicensed cars .
The building inspector reports that the Oberg cottage
is currently clear of any violations.
Please review the Planning Commission minutes of
March 17, April 7 , and May 5, 1980 for background
information and the Planning Commission recommendation.
Planning Comjmission recommendation:
To approve side yard variance setback of 7 ' for pon
Udell based on the hardship of topography and mature
trees subject to the following conditions:
1 . Before a building permit is issued, the following
must be completed:
a) Owner contact gas company to determine exact
location of utility easement
b) Lot 1 & 2 , Block 2 and Lot 2, Block 1 must
be legally combined as one building site
c) Lot 1, Block 1 and Lot 4 (8-117-23-23-0004)
must be legally combined as one building site
d) All outstanding violations on rental units
must be removed specifically the Oberg cottage
and unlicensed car problem
Council Meeting - June 2, 1980
Mr. & Mrs. Udell were present to discuss their
application.
Mayor Van Nest: In our long-range planning, Orono
wants to be assured that the intent is to eventually
bring all properties into conformance. In this
particular situation, there are three additional
rental units on one parcel. Lot combinations and
an agreement to conform to zoning codes, incorporating
conditions in chain of title will satisfy City
requirements. (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 2, 1980 Page 10
Butler moved, Mayor Van Nest seconded, that a VARIANCE
resolution be drafted for the next meeting to 1210 Loma Linda
include: (Continued)
l . Combination as per exhibit #3
2. Al1 fee owners to sign off on resolution
3 . Property owners agree to comply to zoning
code which designates one family structure `
on each buildable lot
4 . Owners to be responsible for all violations
that might occur
5 . All conditions to be incorporated in chain
of title
6 . Owners to determine utility easement location
7 . Lots 1 & 2, Block 2 and Lot 2 , Block 1 to be
legally combined as one building site
8 . Lot l, Block l, and Lot 4 combined as one legally
combined lot.
Motion, Ayes (4) - Nays (0) .
Alan Olson, City Planner, entered into the record GAYLE ' S MARINA
the following concerning Gayle ' s Marina license 1980 License
application for 1980 , dated May 22 , 1980 , which states:
Gayle ' s Marina license application is basically the
same as last year except for a minor shift of three
slips from the east side of the dock network and
relocating them on the west side . The shift has not
created a setback problem. The applicant has made
application for nine service slips. Staff has been
advised by the Lake Minnetonka Conservation District
that they will approve of the nine service slips as
they have for the past eight years.
Staff recommends approval of Gayle ' s 1980 Marina
license limiting the operation at 134 wet slips
and denying the nine service slips as in the 1979
license.
Please review the approving resolution and marina
application.
Council Meeting - June 2 , 1980
Paurus moved, Hurr seconded, to table the application
for Gayle ' s Marina 1980 license until the Council
meeting of June 30 , 1980 , for further staff review.
Motion, Ayes (4) - Nays (0) .
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 2 , 1980 Page 11
Alan Olson, City Planner, entered into the record WINDWARD MARINE
the following concerning the Windward Marine 1980 1980 License
marina license dated May 27 , 1980 , which states:
Staff has drafted the enclosed resolution approving
a 1980 marina license for Windward Marine per Council ' s
directive at their meeting on April 28 , 1980 . Council -
agreed to approve the license application based on
the same application level as in 1979 season for the
interim period pending resolution of the rezoning
agreement.
Council Meeting - June 2, 1980
Mr. & Mrs. James Rivers were present to discuss their
1980 marina license and commented that they are in
agreement with Council action concerning their marina
operation.
Mayor Van Nest moved, Hurr seconded, to adopt RESOLUTION #1152
Resolution #1152, A Resolution Directing Staff To Windward Marine
Issue A Commercial Dock License To Windward Marine 1980 License
Subject To Conditions Noted Herein For The Period
Of January l, 1980 To December 31, 1980 . Motion,
Ayes (4) - Nays (0) .
Alan Olson, City Administrator, entered into the EXTENSION DATE
record the request to extend the expiration date Walter ' s Port
of the Walter ' s Port Association ' s seawall , by October 15, 1980
William Reese, dated May 28 , 1980 , which states:
Mr. Reese has requested a year extension of the
Walter ' s Port Association ' s seawall permit - new
expiration date will be June 15, 1981 . The phase
of the work referenced in Mr. Reese ' s letter of
May 12, 1980 deals with the west wall and the wall
sections on the Reese and Nelson properties.
Staff recommend approval of extending the expiration
date for seawall permit #245 to June ,l5, 1981.
Council Meeting - June 2, 1980
Paurus moved, Butler seconded, to approve the
extension date to October 15, 1980 , for William
Reese at Walter ' s Port. Motion, Ayes (4) - Nays (0) .
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 2 , 1980 Page 12
Alan Olson, City Planner, entered into the record ALEXANDER HOLZER
the folloving letter to Alexander Holzer , 2677 2677 Casco Point Roa�
Casco Point Road, dated May 19 , 1980 , concerning
his conditional use permit and variance application.
Letter - Page 13
Council Meeting - June 2, 1980 -
Alan Olson informed the City Council that two tags
were issued to Mr. Holzer, 2672 Casco Point Road,
this morning, June 2 , 1980 .
Alan Olson, City Planner, entered into the record JOHN D. HANNAH
the following concerning the Building Code Board 2607 W. Lafayette Rd
of Appeals regarding the John Hannah, 2607 West
Lafayette Road, matter.
Letter - Pages 14 & 15
The following letter concerning right of entry RIGHT OF ENTRY
agreement for Timothy Sweezo, 4480 Watertown AGREEMENT
Road, was presented to the City Council by Timothy Sweezo
Bruce Malkerson, City Attorney, dated May 22,
1980 .
Letter - Pages 16-19
Council Meeting - June 2 , 1980
Mayor Van Nest moved, Hurr seconded, to approve
the payment of $8 ,000 to Timothy Sweezo, 4480
Watertown Road, regarding his right of entry
agreement. Motion, Ayes (4) - Nays (0) .
Tom Kuehn, Finance Director, and Glenn Cook, City SEWER & WATER RATES
Engineer, presented the memo prepared by Tom Kuehn
to the City Council regarding proposed sewer and
water utility rates dated May 30 , 1980 .
Sewer & Water Rates - Pages 20-22
Council Meeting - June 2 , 1980
Butler moved, Paurus seconded, to defer until the
Council meeting of June 30 , 1980 to allow staff to
develop data comparing the present and proposed
fOrmula for sewer and water rates with current and
projected income. Motion, Ayes (4) - Nays (0) .
Mayor Van Nest moved, Paurus seconded, to request
staff to review and submit a report to the City
Council on the condition of the Navarre Water Retire-
ment Debt Fund. Motion, Ayes (4) - Nays (0) .
� ' � , , � .,. �.. ,�
, ' Page 13
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- - � NaY 19, 1980 ' •
I•ir. �le�:ancier Holzer
2677 Cascc Fo�nt Road
G:a}-z�ta,
I'inr.esota 5�391
Re : y436 Conditior,al Use Permit S Variance
Dear Mr. holzer :
An inspection �;as made of your work progress on Thursday , N.ay 15 , 1980 .
A Stop tvork_ and Correction Notice was posten because you have none work
that was not shown on the approved plans . �ou have not removed all blocks
as rnarked. You have installed new, unapproved block walls . You have
installed new, unapproved wood retaining walls .
Al1 work not authorized by Resolution No. 1079 must be completely
removed before June 2 , 1980. All work must be completed according to
the approved plans before July l , 1980. There can be no further time
extension.
Violation tags will be issued every day if you fail to meet these
deadlines. Each day of violation is subject to a $500. 00 fine and/or
ninety (90} days in jail.
Sincerely, • '
/ � � � -
��-'�. � - j/ _� .
J � �"
A2an P;� Olson •
Villa�e Planner
APO:kh
cc: Mr. Y7alter R. Benson
Mr. Thomas J. Jacobs
Tclephone 473•7357
.�\�' f • Page 14
:f�� � CITY of OROl`TO
' ` � Yosl OfCue Box 66•Crystal Bay, Minnesota 55323•Municipal Offices
.��v�, . :
�'` � � ' On the North Shore oj Lake Minnetonka
,: .' : .
,
�� ` �.�. May 22, 1980 _ .
mailed May 29 , 1980
Mr. John D. Hannah
439'�" Wilshire Boulevard
Apartment 101 • •
Mound,
Minnesota 55364
Re: 2607 West Lafayette Road, Orono
Building Code Board of Appeals - May 15 , 1980
Dear Mr. Hannah:
The Board thanks you and your wife for appearing before us and for
letting us view your home in regards to the question about egreSs
windows . This letter is our official decision and findings regarding
this matter.
ISSUE Do the windows installed in the bedrooms of the residence
under construction at 2607 West Lafayette Road comply with
the letter and intent of UBC Section 1404?
FINDINGS AND DECISION OF THE BUILDING CODE BOARD OF APPEALS
l. The windows as installed in this situation do not conform to
the letter and intent of UBC Section 1404 and are not "approved"
operable egress windows.
2. At least one window or door must be provided in each of the
four "bedrooms" that does comply with the letter and intent
of UBC Section 1404.
3. The design for replacement of •the existing windows with new
units must be submitted to and approved for egress by the
Building Official.
4. The Board of Appeals has the following comments and concerns with
the windows installed in this residence as applicable to egress
operation:
a) Conventional operation must assume sliding of three panels and
cannot be assumed to require removal of the panes from the opening.
b) The handle on each glass pane is too small for handicapped grasping
or for leverage in an emergency.
c) The glass does not easily slide in the track. .
� d) The number of cam locks is a concern.
e) The location of the top cams is a concern, especially for short
people, children or the handicapped.
, - . Page 15
May 22, 1980
Mr. John D. Hannah
Re : 2607 W. Lafayette Road
Page 2
- f) The number of panes of glass is a concern.
g) The weight of the glass is a concern in sliding and in breaking
if necessary.
h) The type of glass is a concern because it will break into shreds
if hit hard enough as in a panic situation. It is heavier and "
more dangerous than plain window glass if it is broken.
i) The number of operations necessary to open the window completely
(3 sliders) is a concern.
j ) The sequence of operations necessary to open 3 sliders is a
concern (cam-cam-slide; cam-cam-slide; cam-cam-slide) .
k) The size of the opening design is variable and can therefore
be expected to conform to the minimum net clear opening specified
in the code. '
Thomas Anderson
Gerald Babb � �--�� on„ Q,-Q Jija.�}Q�--
. '�
Loren Brueggemann \
� _
James Hanson Q�U�C,Q,� � - Q�C�(�J�_ � "
J. Nicholas Ruehl
cc: Alan Olson, Building Official, City of Orono
Sivert Hendrickson, Section Chief & Code Consultant
St. of Minnesota, Building Code Division
Martin Grady, Architect, The Grady Company
C. M. Carlson Construction Company
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! Page 16 • �.
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POPHAM, HAIK, SCHNOBRICH, KAUFMAN & DOTY, LT.D.� ., � �
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4 3 4 4 1 C 5 C E N T E R
MINNEAPOLIS, MN 55402 �t� �.- ;�±�`�
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WAVNE G. POPHAM JAMES R. STEILEN
RAVMOND P.. HAIK ,JAMES B. IOC�(HART TELEPMONE .4ND TELECOPIER
ROGER W. SCHNOBRICH GARY E. PARiSH.
DENVER KAUFMAN ALLEN W. HINDERAKER ' 'j 612-335-933�
DAVIC 5. DOTV CLIFFORD M. GREENE � --
R06ERT A. MINISH D. wILL�AM ✓•AUFMAN
ROLFE A.WORDEN DESYL L. PETERSON *�t
DENVER OFFICE
G. MARC WHITEHEAD M�CHAE� O. FREE�'Ah `laY �� / ��HO 2660 ENERGV CENTER ONE
BRUCE D.WILLIS LARRV D. ESPEL DENVER, COLORADO 80202
FREDERIGK 5. RICHARDS DAVID A.JONES
RONALD C. ELMOU15T SALL� A.JCHNSON
303-B25-2660
G. ROBERT JOHNSON LESLIE GILLETTE
GARv R. MACCMBER MICHAEL T. NILAN
ROBERT 5. BURK
' ROBERT E. HAMEL• '
FREDERICIc C. BRO�NN O� COUNSEL
BRUCE D. MA�KERSON DALE C. NATHAN
. NO�ADHi�lED TO H�NHESOTs.B/.R
Mr. Walter R. Benson
City of Orono
P.O. Box 66
Crystal Bay, Minnesota 55323
RE: Our File Number 3643-063 .
Dear Dick:
Enclosed please find a copy of a letter from Bill Wangensteen,
attorney for Mr. and Mrs. Sweezo. The author states that
because of "the city' s errors in the legal description, and
' hassles that caused with the various contract holders in the
chain, the price would have to be increased $500 to cover the
additional cost to the Sweezos. "
You may recall that the original understanding with Sweezo
was that the city would pay $7500 and now they want $8000 .
For your information, the City Engineer was instructed by me
to survey, develop and give to Wangensteen the legal descrip-
tion for inclusion into the warranty deeds and two quitclaim
deeds Sweezo needed to have signed by others ,in order to allow
him 'to give good title to the city. Sweezo did not understand-
ably want to sign the purchase agreement until after he knew he
could obtain the approval of the three other property owners in
the chain of title.
The engineer made a mistake in the legal description by includ-
ing too much property in the legal description he gave to
Wangensteen. Wangensteen had already sent out the deeds when
the mistake was discovered by one of the contract for deed
holders. The three property owners and Sweezo were very upset
Page 17
POPHAM , HAIK, SCHNOBRICH , KAUFMAN & DOTY, LTD.
Mr. Walter R. Benson
May 22, 1980
Page Two
- - `t
about the mistake and it was difficult for Sweezo and
Wangensteen to get them to agree to execute the corrected
deeds.
Once Z learned of the mistake, I instructed the engineer to
meet again with Wangensteen and to give him the correct legal
description, which he did. New deeds were drafted and circu-
lated by Wangensteen and now apparently obtained.
I have spoken to Mr. Wangensteen and he informs me that he
informed the City Engineer at the second of their meetings
that an additional $500 would have to be added to the pur-
chase price because of those hassles. Wangensteen informed
me that the $500 is necessary to pay attorney fees incurred
by Sweezo over the amount of attorney fees which normally -
would have been incurred by the seller in a transaction of '
this type. �
I indicated to Mr. ti9angensteen that it was my understanding
that the Sweezos recently signed a right-of-entry agreement
which had attached and incorporated therein by reference the
first purchase agreement that provided for a purchase price
of $7500. Wangensteen stated that he had instructed his
clients prior to signing the right-of-entry agreement to
amend it to include the $500, that the City Engineer knew
of that requested increase at the time of the signing of the
right-of-entry agreement, and therefore he hoped there would
be no prob�ems with the city �ow just because his client
signed a right-of-entry agreement that did incorporate a
purchase agreement with a purchase price of $7500. However,
even under that right-of-entry agreement, the final purchase
agreement is subject to their being able to obtain the , .
necessary quitclaim deeds which they could always claim
they had not been able to do except at additional expense.
As a matter of law, if the city does not agree to the $500
increase, the city has no contract, unless it would want to
rely upon the right-of-entry agreement, but the city could
make a counteroffer of a lesser amount.
At worst, if no agreement is reached, the city could condemn
the property. The right of entry has been signed by the Sweezos
and, therefore, the construction can continue on the property .
.
.
Page 18
POPHAM , HAIK. SCHNOBRICH , KAUFMAN & DOTY, LTD.
Mr. Walter R. Benson
May 22, 1980
Page Three
- 't -
I spoke with Glenn Cook today concerning this matter and he
stated that the mistake was made for the following reasons :
Originally, it was the City Engineer ' s intent and Sweezo
understood that the permanent right-of-way taking would be
17 feet in depth all along the property from one end to the ,
other along the county road. The original exhibit showed
that.
Thereafter, in the fall, winter and spring of 1980, the plan
was changed so that the 17 foot strip would terminate at the
driveway instead of going along the entire length of the
property. An exhibit to that effect was circulated among
the various owners of the Sweezo property. When the engineer
was requested to provide the legal description to the Sweezos '
attorney for the property we were now going to acquire, he;used
the old legal description accidentally instead of redrafting
it to comport with the new exhibit which showed a lesser amount
of property. Once the mistake was discovered, the engineer
redid the legal description to comport with the new exhibit.
Glenn notes that he did not realize that the legal description
he initially gave to �9angensteen did not comport with the modified
exhibit. He states rightfully that the attorney for a property
seller, when given a legal description from a property buyer,
should check to make sure with the seller that the area
described therein is correct. In this case Wangensteen
undoubtedly did not do so and sent out the description to
the other property owners.� Had he done what an attorney
normally would have done on behalf of a seller in this
situation, he would have discovered the error at that time.
So it could be argued that the hassles, if any, are of his
own making even though they were initiated by the mistake
of the City Engineer. If this mistake had not been discovered,
the city, in fact, would have purchased at the same price more
property than it had intended to purchase, and the city, of
course, would not have been harmed thereby.
As you may recall, the estimated cost of constructing the
retaining wall if we had not reached an agreement with Sweezo
would have been over $30, 000 and, therefore, an additional
$500 still makes the overall price a great bargain for the
city. It is my considered opinion that if we had to condemn
Page 19
POPHAM , HAIK, SCHNOBRICH, KAUFMAN � DOTY, LTD.
Mr. Walter R. Benson
May 22, 1980
Page Four
' `t
the property the award could easily be as high as $8 , 000
plus $3, 000 to $5, 000 worth of expenses with engineer,
attorney, appraisers, commissioners , etc.
At this time I have an executed purchase agreement in my
office, signed by the Sweezos that pro�ides for a total
payment of $8, 000 . Before I re-execute their changes and
send them back, thereby binding the city, I would like to
discuss this matter with you.
Very truly yours,
Bruce D. Malkerson
BDM:ss �
� Memo # 80-22
�age 20
TO: City Council
City Administrator
FROM: Tom Kuehn, Finance Director
DATE: May 30, 1980
SUBJECT: Sewer and Water Utility Rates
The City engineers have completed a rate study for both the sewer and
water utilities. Public Works Coordinator, John Gerhardson, and City
Engineer Anderlik, and I met to discuss the results_ We are recommend-
ing the following;
Water Rates:
Orono (Navarre Area) The existing rate has an 8,000 gal minimum useage
at $7.20 with all use over 8,000 gal at $.90/1000.
It is recommended that the rate structure be modified to inclnde a "Ready
to Serve" charge and an "Administrative and Billing" charge in addition
to the normal rate for purchased water_ There are certain fixed adminis-
trative costs not related to volume of water purchased which we feel shoul
be billed on a connection basis_ As an example, it costs the City the sam
to send a bill to a customer who used 30,000 gallons of water per quarter
as well as one who uses 6 ,000 gallons per quarter. Therefore, it is sugg-
ested that the fixed administrative costs such as billing , auditing, data
processing, office supplies, etc. be considered as a flat rate chargeable
to each customer.
A "Ready to Serve" charge should be considered for the City of Orono becau
the system is being maintained for all potent�al customers but is being us
by only a portion of those where service is available.
Certain costs are fixed which include the majority of the maintenance
items, miscellaneous items not considered to be administrative, and in-
' surance_ These costs are incurred for the entire system and are 'not de-
pendent upon the sale of any water.. These expenditures are being made so
that the system is maintained to be ready to serve all customers and poten
tial customers at all times_ If no one were to use any water, the City
would still have to fix water main breaks, paint the water tank from time
to time, maintain insurance against fire and similar peril, to keep the
system in readiness to serve.
In addition to maintaining the system in a ready to serve condition, the
properties not currently connected receive the benefit of immediate avail-
ability in the event of failure of their current water supply. These same
properties are also receiving increased fire protection made available wit
the hydrants located throughout the area.
Page 2
Page 21
If the ready to serve charge is initiated, the residences and business
establishments not currently connected should also be �charged the
administrative fee to cover the billing, accounting and similar costs.
The new rate components are: Operating Rate $ . 87/1000 gal.
Ready to Serve Charge $7. 30/connection
� Administrative Charge $2. 70/connection
Unconnected Properties $10. 00/qtr
With the new rate the minimum then becomes $10. 00 per quarter per customer,
"Long Lake" Service Area: The existing rates are $. 77/1000 gal with a
6, 000 gal minimum at $5. 00. �
It is recommended that the new rate be broken down between operating and
maintenance on a gallonage basis, and an administrative charge on a connec•
tion basis. The new rate components are:
Operating and Maintenance $_ 72/1000 gal.
Administrative Charge $4. 00/connection
With the new rate the minimum then becomes $4. 00 per quarter p�r customer.
(It should be noted that there are nine water customers on th� Long Lake
system and only one is not a high volume user. )
"Wayzata" Service Area: The existing rates are 0-10 ,000 minimum $15.50
10, 000 - 20,000 gal. 1. 01/1000 gal.
20 ,000 - 60,000 gal. . 78/1000 gal.
over 60 ,000 gal. .54/1000 gal.
It is recommended that the new rate be established as a flat rate per
1,000 gal plus an administrative charge on a connection basis. The new
rate components are:
Operation and Maintenance $1. 28/1000 gal.
Administrative Charge $3. 00/connection ,
The minimum then becomes $15. 80 per quarter per customer for up to 10,000
gal. ($1.28 X 10 plus $3.00 administrative charge = $15. 80)
Sewer Rates:
The existing rates are $22. 75/qtr for those users charged on a unit basis
and $1�50 per 1,000 gal of inetered water for those users charged on a
gallonage basis.
The recommended rates are $29.95/qtr or $1.50 per 1,000 gal of inetered
water. The rate per 1, 000 gallons did not increase because the number
�of gallons in relation to the costs increased. The unit has been in-
creased from 60,000 to 100,000 gallons� The components of the new rates
break down as follows:
Quarterly Charge Per Unit
MWCC Net Charges Billable 25,000 gal X $.512/1000 gal $12. 80
City of Orono Op. & Maint. Costs25,000 gal X . 620/1000 gal $15. 50
City of Orono Admin. Costs 25,000 gal X .066/1000 gal 1. 65
$29.95
Yage j
Page 22
The components for those sewer customers billed on a water meter reading
charge basis have no provisions for infiltration/inflow so a factor of
25$ is added to the rate per 1000 gal.
This total then of $1.50/1000 gal ($1.20 +$. 30) is applied to the water
- meter reading to arrive at the charge for sewage.
The increase in the gross charges from the MWCC to the City since the
rate study in 1977 has been $61, 347 or 110$. In the same time period
the City portion of costs has increased $23,544 or 34$ . The number of
sewer bills for that period has increased 97 or 8�.
It should also be noted tha� it is recommended that the current value
credits received in the Aietro Sewer billing be passed on to the current
users. The use charges submitted to MWCC includes the monies used by
MWCC to pay for the systems purchased in Orono and other communities as
well as the treatment works. Therefore, we believe the current users
should be given this credit to balance the debt service portion of the
MWCC user charges. It should also be noted that in 1973 the state law
regarding the current value credits was amended to read "All credits . . .
shall be used to finance current costs allocated to the local government
unit by the commission (MWCC) or for other sewer costs and the credits
shall not be considered as proceeds from the sale of Municipa� property
so as to permit their use for other purposes. "A portion of the current
value credit ($10, 000) has been earmarked in the rate increase for offset
of the infiltration/inflow costs the city is expecting to incur.
+.'> .
. �
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 2 , 1980 Page 23
Glenn Cook, City Engineer, reported that the MC CULLEY ROAD
McCulley Road construction should be completed
by June 15, 1980 .
Glenn Cook, City Engineer, presented the City ARCOLA BRIDGE
Council with a letter concerning the Arcola "
Bridge construction, dated May 29 , 1980 , which
states:
"We have reviewed the resurfacing plans for the
Arcola Bridge and would recommend approval . The
proposed section provides for a 40 foot driving
- surface with a six foot sidewalk on the north
and a seven foot sidewalk on the south. County
Road 15 would be limited to a single lane with
signals at each end for the Phase I construction.
Phase II and III would provide for two-way traffic .
The complete time of the project is estimated at
four months for Phase I and four months for Phase II
and III . "
End of letter
Council Meeting - June 2 , 1980
Mr . Cook commented that a preconstruction meeting
is scheduled for June 4 , 1980 . From that meeting,
we will determine construction procedures for the
Phases required to repair the bridge .
Dick Benson, City Administrator, commented that
Hennepin County awarded a contract to reconstruct
the Arcola Bridge deck and piers.
Glenn Cook, City Engineer, reported that the Federal TRAFFIC SIGNAL
Government has approved the traffic signal light #12 & Old Crystal Bay
at the intersection of Highway 12 and the Old Crystal Road
Bay Road. •
Mayor Van Nest moved, Paurus seconded, to direct
staff to proceed with right-of-way acquisition for
the installation of the traffic signal at Highway 12
and the Old Crystal Bay Road. Motion, Ayes (4) -
Nays (0) .
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 2 , 1980 Page 24
Councilmember Butler left the Council Chambers
at 10 : 10 P.M. and returned at 10 : 20 P.M.
Glenn Cook, City Engineer, reviewed his letter COST PROJECTION
with the City Council concerning the water system, Long Lake Area
Long Lake Water District, dated May 29 , 1980 ,
which states: _
"The estimated cost for preparing a preliminary
report on the Long Lake Water District is $1,500 .
The report would review alternates for supplying
water to the area and provide recommendations. "
End of letter,
Council Meeting - June 2 , 1980
Paurus moved, Hurr seconded, to approve the
cost of $1, 500 for a preliminary report on the
Long Lake Water District. Motion, Ayes (3) -
Nays (0 ) .
Mayor Van Nest reported on the successful Town TOWN MEETING REPORT
Meeting held May 22 , 1980 at the Minnetonka Center
of Arts & Education.
Hurr moved, Paurus seconded, to send letters to
the participating Cities thanking them for their
participation in the Town Meeting, recommending
the continuation of a yearly Town Meeting on a
rotating basis. The Steering Committee would
consist of the four Mayors : Orono, Long Lake ,
Minnetonka Beach, and Wayzata. Motion, Ayes (4) -
Nays (0) .
Mayor Van Nest discussed the public information CRYSTAL BAY POST
meeting by the Postal Department at the City OFFICE
Council Chambers Wednesday evening, May 28 , 1980 .
The following persons were. in attendance:
Mr . & Mrs. Jack Spence , F. J. Golden, Leonard
Anderson, Mr . & Mrs. Albert Hoppe, Vera McY�lii�iams,
Mary Mixa, Leone Christenson, Everett Miller,
Virginia Sweatt, Phyllis Symonak, Mr. & Mrs. Gary
Printup, Mr. & Mrs. Callahan, John Eastman, David
Tenney, B. Kogan, Mabel Belt, Margaret Dahl, Ron
Anderson, Martha Reed, Art Tourangeau, Curt Quady,
Marvin Getten, Burt Peterson, Charles Musesive ,
Gene Kreienbrink, Mary Butler , Mayor Van Nest,
and JoEllen Hurr.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 2 , 1980 Page 25
The outcome of the meeting was to continue Orono ' s CRYSTAL BAY POST
position and encourage consolidation of the present OFFICE
rural deliveries using one post office and one zip (Continued)
code. In the interim, we should encourage continuation
of the present post office service possibly utilizing
the front 200 square feet of the present postal
building and using the balance of 700 square feet
for other City functions.
Mr. Benson and Mr . Olson will submit a proposal to
us at our June 30 , 1980 Council meeting.
We have also documented Orono postal deliveries and
projected households for your in�ormation.
Post Office Orono Households Type
Wayzata 1 , 166 Rural
82 City
Crystal Bay 86 P .O. Box
Navarre 107 P.O. Box
Excelsior 130 Rural
Mound 405 Rural
Maple Plain 84 Rural
Long Lake 550 Rural
2 , 610 (2 , 335) Rural
( 82) City
( 193) P.O. Box
Projected Households
1990 - 2280
2000 - 3180
3667 - Saturation
4 ,000 Deliveries moved to Plymouth from Wayazata
The attached letter from Senator Dave Durenberger,
United States Senator, dated May 13 , 1980 was
received concerning the post office .
Letter - Page 26
The attached letter from Congressman Tom Hagedorn,
United States Congress, dated May 7, 1980 was
received concerning the post office.
Letter - Page 27
(Continued)
. MRUa�Y �i��CA�►, C�ai.. CNA�wrtAN
MLNRV M. JAOtlON, WAW. O/A'+L[i M. rERGry, �lL
TMOMA{ I. [AOLCTOM, MO. JACO� K. JAVT7[, M.r. Pa("(e 26
LAw7'a+ o��lSi. /LA. MnWAM V. ROTM. JR.. Dd �
MM MIIM. 6A. TED DTEYCM6. A1.ALKA
J01aN G1E10{ plq CxAALEi MC L MATHIAf,JR.�MD.
JIM tAi6ER, TF1N. Jq/M C. PANFORTN, MO.
pAVID M. ►RTOR, AR1C. WIWAM [. CONEN, MAINE '�1CnYfeb ,.�fafe� ,.�erraf¢
CARL LEVIM, MIO4. DAVID WRExBLRGER., MINN.
I�ICNARD A. WE6MAN
CNIEI OOVHfEL AMD s7wr► DIRECiDR COMMITTEE ON
GOVERNMENTAL AFFAIRS
WASHINGTON, D.C. 20510
-. - I
- � _ .
� �• _
. L _ `�-� �=
nL
May 13 , 1980
Mr. �9alter R. Benson CiTY, OF, QR��O
City Administrator ,
City of Orono
Post Office Box 66
Crystal Bay, Minnesota 55323
Dear A'alter :
Thank you for providing me with your recommendation
that the present system for postal delivery to Orono be
consolidated. I appreciate knowing of your s,upport and that
of the residents of Orono for such change . �
I have conveyed your suggestion to the United States
Postal Service and am awaiting a reply. As soon as I have
additional information to report , I will be back in touch
with you.
In the meantime , t nks agai for contacting me about
this important matter.
, Sincere y,
r nbe ger
'� �United States Senator •
@
�
DD/sfn
Page 27
, TOM HAGEDORN o�srwicTancc:
il::�DISTRIR,MIMNCSOTA �
P.O. Box J148
COMMITTEE6� MAHRATD,MINHLSO7� 5600
�oi�gre�� of t�je �ititeb �t�te� <So�, �e�_BZ?6
AGRICULTURE
211 SanH Ncvrro./ Siace7
PUBLiC WORKS AND
TRANSF'ORTA710N Au[w7 Lu, M��r+EsoT� ��6a
��ou�e of �cpre�entatibeg (507j 377-1676
WIISHINGTON OFFICEf '''jjj l RONALD K ENCE
Id0 C�wr.oN House Orric� Bui�nu+�
^^��+1g�o�� �.�. 20515 /�DMINISTRATIVE ASSIiTAM
WAfHIHGTON,D C� IOSIS
c�o2>ZZ�u'Z May 7 , 19 8 0
- ;-_ ,- - - ;,- f- �
rl ' j- � ' ir I l
.- _ � _ .- �
r-, i
�
t..l �� �--•
Mr. Walter R. Benson ' l `` ' '
City Administrator
City of Orono � ��..�.�,
Post Office Box 66 C.�.T�' C:1 �.:;t't`.��t,�
Crystal Bay, Minnesota 55323
Dear Nr. Benson:
Thank you very much for your recent letter calling my
attention to the closing of the Crystal Bay Post Office
later this year .
I certainly agree that it would be in the best interest
of the City of Orono to consolidate the five post offices
that presently serve it, and I want to assure you that I will
do everything within my power to persuade the Postal Service
to take this action. In this reaard, I have contacted the
appropriate Postal officials expressing my interest on behalf
of Orono residents and urging that one post office and one
zip code be established for your City .
I realize, of course, that the benefits derived from a
merger of this nature would be invaluable to the City of Orono,
and I will stay on top of this situation until a final decision
is reached. Upon receipt of a response to my inquiry, I will
get in touch with ybu immediately. y
With kindest regards, I am
Sincerely yours, ,
':� ���""' z"''" rs�t�/
,
Tom Hagedo
Member of Congress
TH: jf
� •
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 2 , 1980 Pagae 28
The following letter was sent to Mr. Salisbury MAPLE PLAIN INTER-
Adams from Mayor Van Nest dated May 12, 1980 , CEPTOR LETTER
which states:
"I wanted to take this opportunity to express the
appreciation of the City Council and myself for
your help with delaying the decision of the Maple
Plain interceptor through Orono until after 1986 .
We feel strongly that the interceptor across rural
Orono would be inconsistent and surely detrimental
to the City ' s long-range planning goals for our
community.
We are sure that your influence played a great part
in the decision made by the Waste Control Commission
and the City wishes to express its appreciation
for your help in this matter. "
End of letter
Butler moved, Paurus seconded, to approve the CRYSTAL BAY ROAD*
letters to Art Byrne and residents on Crystal Parking Matter
Bay Road concerning a parking matter on Crystal
Bay Road. Motion, Ayes (4) - Nays (0) .
Dick Benson, City Administrator, informed the WILLOW DRIVE*
City Council that he had attended the Transportation Designation
Meeting on May 13 , 1980 and the following action
was taken concerning the designation of Willow
Drive:
Letter from Robert J. Paddock, Transportation
Planner, Metropolitan Council, dated May 1•4 , 1980 ,
states :
"In response to your letter of April 7th, the
Transportation Systems Planning Committee (TSPC) ,
at its meeting of May 13 , 1980 , acted on your
request by recommending that the portion of
Willow Drive from U.S. Route 12 southward to Henne-
pin County' s State-Aid Route 15 be reclassified
from a Minor Arterial to a collector roadway. For
the sake of system continuity and plans of the
municipality of Medina, the segment of Willow
Drive north of U.S. route 12 will retain the
Minor Arterial designation.
This action requires approval of several other
bodies. The anticipated schedule for these
actions is: �
TAC June 4
TAB June 18
Metropolitan July 24
Council (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 2 , 1980 Page 29
Following the above steps Mn/DOT and FHWA will be WILLOW DRIVE*
advised of the change in classification and funding (Continued)
status . This should occur by August. At that time,
all steps necessary to revise the official record
will be complete .
If you have any questions or concerns, call me at
291-6340 or Emil Brandt at 291-6347 . " �
End of letter
Council Meeting - June 2 , 1980
Butler moved, Paurus seconded, to approve the
above letter concerning the designation of
Willow Drive. Motion, Ayes (4) - Nays (0) .
Dick Benson, City Administrator , informed OFFICER FRIENDLY*
the City Council that the Sears Roebuck
Fundation, which funds the Officer Friendly
Program, has been very successful.
I would recommend a letter be sent to the School
requesting a cost sharing formula including
all participating cities be submitted by the
Orono School District to all of the cities for
their approval.
Council Meeting - June 2 , 1980
Butler moved, Paurus seconded, to approve the
above information concerning the Officer Friendly
Program. Motion, Ayes (4) - Nays (0 ) .
Butler moved, Paurus seconded, to approve the �IAINTENANCE SCHEDULE�
maintenance schedule for County Roads as prepared County Roads
by John Gerhardson, Public Works Coordinator,
dated May 19, 1980 . Motion, Ayes (4 ) - Nays (0) .
Butler moved, Paurus seconded, to approve the RESTORATION SCHEDULEi
restoration schedule for Orono Orchard Road, City Roads
Shoreline Drive, County Road Six at Highway 12,
and McCulley Road (Ring Route) as prepared by
John Gerhardson, Public Works Coordinator,
May 19 , 1980 . Motion, Ayes (4) - Nays (0 ) .
Mayor Van Nest announced that a DFL meeting DFL MEETING*
will be held in the City Council Chambers on June 19 , 1980
June 19 , 1980 at 7 : 30 P.M.
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 2 , 1980 Page 30
Dick Benson, City Administrator, requested CANCEL MEETING
Council approval to cancel the June 16 , 1980 June 16 , 1980
Council meeting to allow adequate time to
prepare for the June 30 , 1980 meeting.
Mayor Van Nest moved, Paurus seconded, to approve
the cancellation of the June 16 , 1980 Council .
meeting to allow adequate time to prepare for
the June 30 , 1980 meeting. Motion, Ayes (4) -
Nays (0) .
Butler moved, Paurus seconded, to approve the EMPLOYMENT*
, employment of Pat McGowan, for temporary help Pat McGowan
at the Orono Liquor Store, at a rate of $3 . 50 per
hour effective May 10 , 1980 . Motion, Ayes (4) -
Nays (0) .
Butler moved, Paurus seconded, to approve the EMPLOYMENT*
employment of Jack Heuer, temporary help at Jack Heuer
the Orono Golf Course, at a rate of $3 . 10 per
hour effective May 19 , 1980 . Motion, Ayes (4) -
Nays (0) .
Butler moved, Paurus seconded, to approve the EMPLOYMENT*
employment of Esther Anderson, temporary help Esther Anderson
at the Orono Golf Course, at a rate of $3 . 20 per
hour, effective May 12, 1980 . Motion, Ayes (4) -
Nays (0) .
Butler moved, Paurus seconded, to approve the SALARY INCRESASE*
salary increase ior Ray Wagmann, Orono Liquor Ray Wagmann
Store, to $3 . 48 per hour, effective May 26 , 1980 .
Motion, Ayes (4) - Nays (0) . •
Butler moved, Paurus seconded, to approve a MERIT INCREASE*
merit increa$e for Kurt Erickson, Police Kurt Erickson
Department, to the third-year level rate of
$1, 725 per month, effective June 15, 1980 .
Motion, Ayes (4) - Nays (0) .
Dick Benson, City Administrator, entered into 1979 AUDIT
the record a memo prepared by Tom Kuehn, Finance
Director, dated May 30 , 1980 , which states:
The C.P.A. firm of Hansen and Babcock has finished
the audit of the books and records of the City of
Orono for the year ended December 31 , 1979 . The
results are presented in the attached Audit Report. �
I have reviewed the report with the auditor and
recommend the audit bill be approved as presented
on the attached invoice . (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 31
Paurus moved, Butler seconded, to approve the 1979 AUDIT�
1979 Audit as presented and to pay the invoice (Continued)
of $2 , 724 for the preparation of the Audit.
Motion, Ayes (4 ) - Nays (0) .
Dick Benson, City Administrator, presented the REVENUE & EXPENDITURi
City Council with a memo prepared by Joan Lattin, REPORT - First Quart�
Deputy Treasurer, dated May 30 , 1980 , which states: 1980
On the Expenditure side of the First Quarter Budget
Report, the General Fund reflects that 24$ of the
budget has been expended. This has held true since
1977 .
The Revenue side of the Budget Report reflects that
12� of the monies have been collected for 1980 and
this has been the same since 1977 .
The reason for the low percentaqe on the Revenue
side of the Budget Report is that we receive our
tax settlement from the County in June and
December, rather than on a quarterly basis.
Council Meeting - June 2 , 1980
Butler moved, Paurus seconded, to approve the
First Quarter Budget & Expenditure Report for
1980 . Motion, Ayes (4) - Nays (0) .
Mayor Van Nest announced that the continued BOARD OF REVIEW*
meeting of the Board of Review will be held
June 5, 1980 at 7 : 30 P.M.
Dick Benson, City Administrator, presented SHADYWOOD ROAD
� the City Council with the following letter to SPEED LIMIT
Commissioner E. F. Robb, Jr. dated May 27, 1980 ,
which states:
"For several years , we have been attempting to ,
resolve the serious traffic situation on
Shadywood Road (Hennepin County 19) from the
southern boundary line at the Narrows bridge north
to Shoreline Drive (Hennepin County 15) at Navarre.
The serious sight distance problem at the inter-
section of Pheasant Lawn and Hennepin County Highway
19 , coupled with the 40 miles per hour speed limit,
does impose a safety, health, and welfare problem
that can only become more serious as traffic increases
during the summer months.
On behalf of the resident commuters, and the general
public who use this roadway for their every day
purposes, the City Council is requesting your assistance
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 2 , 1980 Page 32
in arranging for a Traffic Study in this particular SHADYWOOD ROAD
area and a meeting with your engineering staff to SPEED LIMIT
review the sight distance problem at Pheasant Lawn (Continued)
and Hennepin County 19 .
Your cooperation in this matter would be extremely
helpful at this time. "
End of letter
Council Meeting - June 2 , 1980
Mayor Van Nest moved, Butler seconded, to approve
the above letter to Commissioner E. F. Robb, Jr.
concerning the speed limit on Shadywood Road in
the Navarre area. Motion, Ayes (4 ) - Nays (0) .
Mayor Van Nest reviewed events leading to the COUNCIL CANDIDATES
vacancy on the City Council and Council ' s policy
to replace these vacancies with qualified Planning
Commission members that are familiar with present
City codes and regulations.
A letter was sent to Mr. Steve Wilson and Mr . Gregg
Hannah, members of the Planning Commission, who
have indicated by letter their interest to serve
on the City Council, requesting them to appear
this evening to discuss with you their qualifications
to fill the current vacant Council position.
Letter received from C. Steven Wilson, dated April 11,
1980 , states:
"I understand that Walter Massengale ' s resignation
as a member of the Orono City Council will be accepted
and his seat will be declared vacant at the City
Council meeting on April 14 , 1980 .
I would like to be considered to fill that vacancy.
I have lived in Orono for fifteeen years, have served
with my wife as officers of the Orono elementary
school PTA and am currently serving on the Orono
Planning Commission.
I would be happy to discuss my views and hopes for
Orono with you and other members of the Council at
your convenience. Thank you for your consideration. "
End of letter
(Continued)
�. .
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 2 , 1980 Page 33
Letter received from Gregg Hannah, dated April 16 , COUNCIL CANDIDATES
1980 states: (Continued)
"This serves as formal notification of my interest
in being considered for appointment to the Orono
City Council seat recently vacated by Walter
Massengale.
As you know, I have served in every capacity on
the Orono Planning Commission over the last six
years. I think this experience could now be
appropriately utilized and expanded upon at the
City Council level .
I would be available 'to meet with the City
Council at their convenience . "
End of letter
Mr. Wilson and Mr. Hannah were present to be inter-
viewed by the City Council.
Mayor Van Nest requested the appointment to be
entered on the June 30 , 1980 Council agenda.
Butler moved, Paurus seconded, to approve the CABLE TV MEETING
Minutes of the Cable TV Committee Meeting of MINUTES*
May 29 , 1980 . Motion, Ayes (4) - Nays (0) .
Dick Benson, City Administrator , reviewed with FARVIEW LAKE ACCESS
the City Council a proposed letter to be sent to Velie/Gibbs
all of the Orono residents in the Farview Addition
concerning the Velie/Gibbs lake access.
Mayor Van Nest moved, Hurr seconded, to approve PUBLIC HEARING DATE
the letter to be sent to the residents in the Farview Lake Access
Farview Addition lake access area and to call
a public hearing to review the matter on June 30 ,
1980 at 7: 15 P.M. Motion, Ayes (4) - Nays (0) .
Butler moved, Paurus seconded, to approve the LICENSES*
following licenses: Motion, Ayes (4 ) - Nays (0) .
Clover Hill Company, Inc . - Plumber & Septic System
Installer
Volkenant & Sons, Inc . - Septic System Installer
Blackcywiak & Son - Garbage Collector
Dependable Service - Garbage Collector
Village Sanitation, Inc. - Garbage Collector
Westonka Sanitation - Garbage Collector
Anlaby Rill Kennel - Maxwell Alvord - Residential
Kennel
Mary Koltes - Residential Kennel
Woodlake Sanitary Service - Garbage Collector
� "
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 2, 1980 Page 34
Butler moved, Paurus seconded, that the All Funds BILLS*
Accounts and Liquor Store Accounts 5402 through
5484 , 00011 & 00012 , 11209 through 11252 ,
00001 through 00048 , 00001 through 00053 , 676
through 679 , be paid. Motion, Ayes (4) - Nays (0 ) .
I
Butler moved, Hurr seconded, that the meeting be ADJOURNMENT
adjourned at 11: 40 P.M. Motion, Ayes (4 ) -
Nays (0) .
�
Wi liam B. Van Nest, Mayor
Attest�: ���� � �
Walter R. enson, City Administrator