HomeMy WebLinkAbout06-30-1980 Council Minutes � a '
' CITY OF ORONO
• Regular Neeting of the Orono Council, 7 : 00 P.M.
June 30 , 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 .
Engineers Cook and Quincey, City Attorney
Malkerson, Public Works Coordinator Gerhardson,
On-Site Systems Manager Gaffron, Finance Director
Kuehn, Planning Commission member Jabbour , Park
Commission members Tomlinson and Goetten. Absent:
City Administrator Benson.
Mayor Van Nest announced that now was the time and PUBLIC HEARING
place for the public hearing concerning an appli- Wine License
cation for a wine license to be issued for the Bear Flag Restaurant
Bear Flag Restaurant, 2160 Wayzata Boulevard, owned
and operated by Frances J. Slane and Janet B.
McKelvey. The City Clerk presented the Affidavit
of Publication .
Mayor Van Nest inquired if anyone was present con-
cerning the public hearing. ,7anet McKelvey was
present. There were no comments from the public
present.
Mayor Van Nest closed the public hearing at 7 : 03 P.N.
Paurus moved, Butler seconded, to adopt Resolution RESOLUTION #1153
#1153 , A Respolution Approving Issuance Of A Wine Wine License
License, as amended, to the Bear Flag Restaurant. Bear Flag Restaurant
Motion, Ayes (4) - Nays (0) .
7 : 15 P.M. PUBLIC HEARING '
Farview Lake Access
Mayor Van Nest announced that now was the time and
place for the public hearing concerning the Farview
Plat, Velie/Gibbs ,Lake Access. The City Clerk
presented the Public Hearing Notice and the Affidavit
of Publication. Mayor Van Nest inquired if anyone
present wished to be heard. The following persons
were present:
Bruce Kelley 2340 Fox Street
Rick Hawkinson 4625 West Branch Road
Ted Meyer 85 Old Crystal Bay Rd.
Edward G. Heilman 1300 Northwestern Bank Bldg.
Joe Jester 2515 North Shore Drive
Steve Karels 296 Inglewood St. Long Lake
Lyle Goldsmith 284 Inglewood St. Long Lake
P. C. Byers 3083 Farview Lane
J. F. Dudziak 3091 Farview Lane
Carolyn Byers 3083 Farview Lane
Scotty Ellis 2701 Kelly Avenue (Continued)
� ^ �,.
� 'REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 2
Dick Crist 2699 Kelly Avenue PUBLIC HEARING
Sylvia Haverberg 3215 Crystal Bay Road (Continued)
DuWayne Schibrilla 3235 Crystal Bay Road
Don Udell 1210 Loma Linda Avenue
Robert Mortenson 3139 Florida North
Joanne Mortenson 3139 Florida North
Mrs. Winston Lindberg 865 West Ferndale Road .
Craig Winters 1355 Shoreline Drive
Orville E. Dressel 2740 Fox Street
Steve Senesac 3020 Fox Street
Cherry Stubbs 2920 Fox Street
Lester Thompson 2880 Fox Street
Mayor Van Nest explained the reason for the public
hearing stating that the street in question between
the properties to Maxwell Bay is a public street
and has been maintained by the City for many years.
He also commented that there is evidence and documentation
that the roadway is a public street and for some reason
had been left off of the Farview Plat when that division
had been made . Residents for the Farview area had
barricaded the road and the the City removed the
barricade. The City feels that the public has a right
to use the road to the lake and that the City will
maintain it. Mayor Van Nest informed the residents
present that the City has no intentions of making a
public b�ach with parking lot or City swimming beach,
but that the area residents should be allowed to use
it to get to the lake for fishing, etc .
Mr . Bruce Kelley, 2340 Fox Street, stated that his
family has used the street for many years and is in
favor of leaving it as it is--public. He does not
feel that it should be paved or a gate used, that it
should remain the same way as it always was. He
stated that for many generations it was a public '
access to Maxwell Bay.
Lyle Goldsmith, 284 Inglewood Street, Long Lake,
stated that he enjoyed a hike down to the shore of
Maxwell Bay for a quit afternoon. He would like to
see the roadway remain as is in order to be able
to w�lk down to the lake and fish.
Lester Thompson, 2880 Fox Street, wants the roadway
left open in order to launch a boat. A few parties
have been held there but a curfew could be set for
the area.
Steve Karls, 296 Inglewood Street, Long Lake , wants to
be able to walk down to the lake . Police could keep a
check on the area for disturbances.
(Continued)
� f ,i1
' R�'GULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 3
Steve Senesac , 3G20 Fox Street, stated that Orono had PUBLIC HEARING
previously graveled the road and maintained the dock (Continued)
when the City was a township. The access had also
been used to launch boats.
Orville Dressel , 2740 Fox Street, wants to be able
to drive in and launch his boat there .
Ted Meyer, 85 Old Crystal Bay Road, stated that he
would like the road kept open and that the barricade
should be removed.
J. F. Dudziak, 3091 Farview Lane, stated that the
access should not be made public .
Harold Hendrickson, attorn�y for five Farview property
owners, stated that the road was not on the plat when
the City Council approved the plat, that the road
is not in the title opinions of his clients, and that if
there is a road, it was not sufficiently maintained.
He also stated that the Gibbs torrence title does not
show a road easement. Mr. Hendrickson also stated that
the Farview property owners were prepared to defend
their rights in court if necessary and will not back off .
Edward Heilman, attorney for Mr . Gibbs, stated that he
would like to bring the dispute to a head, that he had
written a letter to Bruce Malkerson, Orono Attorney, in
November of 1978 and still has not received a reply .
Mayor Van Nest commented that he would like to see
everyone involved have a negotiating meeting to discuss
the issue and to resolve the problem as soon as possible .
He stated that that is the only access to the lake on
Maxwell Bay and that it will remain open until the matter
is resolved.
After all persons present were afforded an opportunity to
be heard, the public hearing was closed at 7 : 55 P.M.
Ma�or Van Nest moved, Paurus seconded, to table the
matter of the Gibbs/Velie/Farview lake access until a
negotiating meeting has been conducted for all persons
involved and that the public can continue to use the
lake access . Motion, Ayes (4) - Nays (0) .
� T ,{
� REGULAR MEETING OF THE ORONO COUNCIL, JliNE 30 , 1980 Page 4
Paurus moved, Butler seconded, to adopt Resolution RESOLUTION #1154
#1154 , A Resolution Approving Plans And Specifications Plans, Specs. Bids
And Ordering Advertisement For Bids, Minnetonka Bluffs , Minnetonka Bluffs, et�
West Ferndale , Orono Lane , County Road #15 , Sewer Project Sewers
80-1. Motion, Ayes (4 ) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1155
Resolution #1155 , A Resolution Approving Plans And Plans, Specs . Bids
Specifications and Ordering Advertisement For Bids, North Shore Drive
North Shore Drive-Scotch Pine Lane Sewer Project, Sewers
80-2 . Motion, Ayes (4) - Nays (0 ) .
Hurr moved, Paurus seconded, to approve the Consent CONSENT AGENDA*
Agenda*, subject to the removal of items 8 and 17 ,
with all staff data and supportive information to be
included in the Minutes in the sequence they occur.
Motion, Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, to approve the Minutes MINUTES
of the Regular Meeting of May 12 , 1980 , as amended. May 12 , 1980
Motion, Ayes (4) - Nays (0) .
Hurr moved, Paurus seconded, to approve the Minutes MINUTES*
of the Regular Meeting of June 2 , 1980 . Motion, June 2 , 1980
Ayes (4) - Nays (0) .
Lee Tomlinson, Park Commission Chairman, discussed PARK COMMISSION
the park survey stating that there was a need to
publish in the Orono Reporter the location of
all City parks because some residents were not aware
that the City had so many parks.
Mr. Tomlinson informed the City Council that the BEDERWOOD PARK
Army Reserve would not be grading Bederwood Park
as previously planned for the baseball diamond.
Mayor Van Nest moved, Hurr seconded to request
staff to prepare plans and specifications for
bids for the grading of a baseball diamond for
Bederwood Park. Motion, Ayes (4) - Nays (0) .
Discussion was also held concerning the request SKI SCHOOL
of William Reese concerning a ski school at the
Orono Golf Course . The consensus of the City
Council was for Dick Benson, City Administrator, '
to check into the feasibility, costs , liability,
�nd what assistance is necessary.
� � ',
' RE�ULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 5
Diane Goetten, Park Commission member, was present VACATION
to discuss the Park Commission ' s recommendation 1345 North Arm Drive
concerning the unimproved public access at North #544
Arm Drive and Park Drive . Fred Ryan was also present. Fred Ryan
Park Commission Minutes - May 6 , 1980
Fred Ryan appeared before the Park Commission regarding
a piece of unimproved public access and park land at the
intersection of North Arm Drive and Park Drive . The
area has become unsafe for neighborhood children due
to its use by speeding cars and dirt bikes. Mr . Ryan
requested that either the City maintain the area by
fencing it or vacate the property to Ryan who would
see to its upkeep. '
A motion was made by Goetten, seconded by Watson to
retain park land and combine with unused public access
to create a more feasible neighborhood park area.
Area must be fenced and maintained by the City.
Motion was unanimously passed.
Council Meeting - June 30 , 1980
After discussion, the City Council requested John
Gerhardson, Public Works Coordinator , to check out
the property in question� to make recommendations
to enhance the property� and to check with Hennepin
County regarding guard rails.
Mayor Van Nest moved, Hurr seconded, to table
the request of Fred Ryan, 1345 North Arm Drive ,
for a vacation of the unimproved public access
at the intersection of North Arm Drive and Park
Drive until John Gerhardson, Public Works Coordinator,
recommends a plan to enhance the property but not to
consider it as a City park. Motion, Ayes (4) -
Nays (0 ) .
No comments from the Lake Minnetonka Conservation LMCD REPORT
District Representative.
No comments from the Planning Commission. PLANNING COMMISSION
Mayor Van Nest informed the City Council that COMPREHENSIVE PLAN
Orono ' s Comprehensive Plan had been submitted
to the Metropolitan Council on June 20 , 1980 .
Hurr moved, Butler seconded, to table until the HENNEPIN COUNTY PLAN
next Council meeting the Hennepin County Plan REVIEW
Review item. Motion, Ayes (4) - Nays (0) .
, ,`
� FZEGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 6
Alan Olson, City Planner, prepared a memo for the I-394 PROJECT
City Council concerning I-394 dated June 17 , 1980 ,
which states:
We were recently asked by the Minnesota Department
of Transportation staff if the I-394 project would
have any impact on Orono. Mayor Van Nest, Dick
Benson, and" myself inet with a MN/DOT environmental
planner who was preparing a portion of the required
EIS. The attached letter is intended as a draft of
our response stemming from that meeting. Please
discuss and review the content at the June 30 , 1980
meeting.
I recommend finalizing the letter with any necessary '
corrections or clarifications, and then sending it
to MN/DOT with a copy of our Comprehensive Plan.
Council Meeting - June 30 , 1980
Discussion concerning the I-394 project included
suggesting possible alternate routes and upgrading
other routes to the Twin City area. •
Paurus moved, Hurr seconded, to request staff to
redraft the letter to the Minnesota Department of
Transportation opposing the construction of I-394
and agenda it for the meeting of July 14 , 1980 .
Motion, Ayes (4 ) - Nays (0) .
No comments from the public . PUBLIC COMMENTS
Alan Olson, City Planner, mailed the following VARIANCE
letter to Mr. Don Udell, 1210 Loma Linda Avenue, 1210 Loma Linda Ave ,
dated June 9 , 1980 , which states: #542
Don Udell
"Attached are three copies of the draft resolution
discussed by the City Council on June 2 , 1980 . Please
review. If you have any questions, please call me.
You, your wife , and any other parties having fee title �
in any of the lots must sign the resolution where
provided. Please return two copies fully signed
on or before June 24 , 1980 for final approval by the
City Council on June 30 , 1980 . "
Council Meeting - June 30 , 1980
Jeanne Mabusth, Zoning Administrator, presented the
City Council with the signed resolution concerning
the Don Udell variance at 1210 Loma Linda Avenue .
Hurr moved, Butler seconded, to adopt Resolution � RESOLUTION #1156
#1156 , A Resolution Regarding Lot Conformity And Variance
Variance Approval For pon Udell, 1210 Loma Linda 1210 Loma Linda Ave,
Avenue. Motion, Ayes (4) - Nays (0) .
, ', ,
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 7
Alan Olson, City Planner, prepared a memo for the VARIANCE
City Council concerning the variance request of 1856 Shadywood Road
Milton Seifert, 1856 Shadywood Road, dated June 16 , #548
1980 , which states: Milton Seifert
As discussed by the Council at the last meeting,
this case involves a request for a hardcover variance ,
and interpretation of the non-conforming use sections
of the zoning code .
The zone is LR-1C, 1/2 acre, 100 ft. width . The
property is 0 . 507 acre in area and 80 ft. in width.
There is one principal dwelling and three rental
dwellings on the lot; net density 7 . 89 units per acre.
The first question is whether or not the multiple
c�wellings are legal or illegal non-conforming uses.
According to Mr. Seifert ' s attorney, the four dwellings
were built and have been occupied since before 1949 .
The first zoning in 1950 established the area as a
"residential" district but did not limit the use to
"single family" residential. The 1967 ordinance
established the R-1D single family residential half-
acre district. This multiple-family use , therefore ,
became non-conforming as of September 14 , 1967.
32 . 250 Occupancy Certificate Required for Non-Conforming Use
Application for such occupancy certificate for all lawful
non-conforming uses or buildings created by the adoption
of the Zoning Code shall be filed with the Zoning Administrator
by the owner or lessee by September 14 , 1968 . The Zoning
Administrator shall approve a certificate of occupancy for
a non-conforming use . Failure to apply for such occupancy
certificate shall be prima facie evidence that such non-
conforming use was either illegal or did not lawfully exist
on September 14 , 1967 (the effective date of the Zoning Code. )
In 1974 , the district designation changed to LR-1C, but
all use and performance standards remained the same as
in 1967 . Section 32 . 250 was revised only insofar as the
date was concerned, allowing application until January l, �
1976 for uses becoming non-conforming as of January l , 1975.
The City has no record of Mr. Seifert applying for an
occupancy certificate at either time. The City does
have such certificates on file from other uses which
became non-conforming in 1967.
The second question is whether or not expansion of the
principal building constitutes expansion of a non-conforming
use. Section 31 . 109 specifically says "Alterations
may be made to a building containing lawful non-conforming
resi�dential units when they will improve the livabili.ty
thereof, provided they will not increase the number of
dwelling units or the bulk of the building" . The request
is to increase the bulk of one of the buildings, and, in fact,
increases the total bulk of the dwellings on the property,
unless one or more of the other dwellings are removed.
(Continued)
. � �
' �EGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 8
The third question is whether or not a hardship has been VARIANCE
demonstrated to justify a hardcover variance . The 1856 Shadywood
existing property is 41% har dcover consisting of the (Continued)
four buildings and a large amount of driveway. The one
rental building is setback only 16 ft. from the shoreline
and contains 556 sq. ft. of hardcover where none is
permitted. All remaining hardcover is located beyond
� 75 ft. from the shoreline but exceeds the maximum
permitted amount of 250. The existing hardcover is 450
in this area. With the planned addition of 308 sq. ft . ,
less the proposed driveway removal , the resulting hard-
cover is reduced to 35o compared to 25o maximum.
Nowhere has a statement been made regarding legal hardship
for justification of the hardcover variance. Sta�ements
made regarding financial considerations cannot apply to
performance standard variance considerations. On the
other hand, the removal of existing hardcover in trade
for the hardcover of the proposed addition does mitigate
and improve the total situation.
Note , that there are two drainage directions with a ridge
line approximately through the main house. The proposed
hardcover increase for the house addition adds to the
runoff going toward Crystal Bay. The proposed hardcover
removal of the driveway would decrease runoff going
toward Shadywood Road and eventually Fagerness marsh,
but does not improve Crystal Bay drainage .
A separate issue is the one of parking spaces and driveway
access. Because of traffic safety concerns, our code
requires two stalls per dwelling located other than
in a front yard (30 ft. in this District) and located
so access is from a driveway, not directly off the street.
If the upper turnaround is removed, the reguired parking
stalls would all end up in the garages and on the drive-
ways of the �wo rental cabins along Shadywood. These
open stalls are in the front ya�d setback and do require
(or allow) backing movements onto the street; therefore,
improvements in the hardcover requirements may worsen
the traffic and parking considerations.
The Planning Commission concluded that the trade of
hardcover was sufficient to justify approval of the
requested structural addition, provided the lakeshore
cabin was removed within five years to decrease dwelling
density and to decrease hardcover.
After review of the files and discussions by the Planning
Commission and Council, I have drawn the following
conclusions : �
l . The property use unquestionably is non-conforming.
The failure of the owner to apply for occupancy '
permits in 1967 , and again in 1974 , makes a prima
facie case for describing the use as illegal because
there is no documented record of legal existence as of
September 14 , 1976 . (Continued)
. ,
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 9
The actual usage is, however, a fact question that VARIANCE
may be moot if the Council and the applicant proceed 1856 Shadywood Road
from this point toward eventual discontinuance of (Continued)
the non-conforming rental units.
2 . The property use is not consistent with any other
use in the neighborhood. It is not consistent
with the City ' s Comprehensive Plan.
3 . The existing density is four times the permitted
density.
4 . The existing hardcover is 20o more than permitted.
5 . The proposed hardcover trade would not decrease
runoff into Crystal Bay.
6 . The existing parking situation is poor and would be
worsened by removal of the turnaround.
7. The obvious improvement and intent of the zoning code
is to have one principal dwelling on the lot with all
secondary rental usage discontinued. The driveway
and garages for the property should be relocated or
revised to eliminate direct backing movements onto
Shadywood, perhaps with garages located on top of
the hill nearer the main house .
Based upon my conclusions above, I think the Council has
two options:
Option 1 - Denial of the variance and addition, based
upon non-permitted expansion of a non-conforming
use and upon insufficient hardship to justify
a hardcover increase in the Crystal Bay watershed.
This would continue the status quo.
Option 2 - Approval of the requested variance , with conditions
sufficient to directly justify the hardcover changes
and to eventually turn the property into a con-
forming, single family use. ,
a) If the addition is built as planned, sufficient
hardcover should be removed from the Crystal Bay
drainage area in trade. This means removal of the
lakeshore cabin, only in this way, will the
Crystal Bay drainage and hardcover be improved.
b) Expansion of the bulk of a building housing
a non-conforming use (one of four dwellings on a
single family lot) cannot be approved �pursuant
to Section 31 . 109 . A variance to this requirement
could be issued only if the non-conforming use were
to be eliminated. Removal of the lakeshore cabin
improves the situation but does no eliminate it.
(Continued)
r ,��EGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 10
I suggest that the owner enter into a contract or VARIANCE
agreement with the City to eliminate rental use of the 1856 Shadywood Rd.
two roadside rental units at some time in the future. (Continued)
This is not to say the owner could not apply for a guest
house permit to use the space for non-rental purposes .
c) I recommend against removal of the turnaround, or
as much as proposed, because this will not compensate
for the additional Crystal Bay runoff and could instead
add to parking problems on the site .
My considered recommendation is for the Council to consider
improving the status quo by approving the requested variances
subject to the following conditions : �
l . Removal of the lakeside cabin.
2 . Agreement by the owner that the intention of this
improvement is to eventually phase out all rental
use of the property and that such use will be terminated
within 10-20 years or upon sale of the property, which-
ever occurs first. Agreement to be filed in the chain
of title of the property.
3 . Agreement by the owner that no future additions will
be make on the principal building or on either rental
unit, and no other accessory building will be erected,
unless the remaining rental usage is first discontinued.
4 . Agreement by the owner to provide concurrent with the
principal building addition, improvements to the Shady-
wood Road parking area designed to improve traffic safety
by limiting the width of the curb cut and limiting or
discouraging direct backing onto the pavement from the
parking stalls . The City staff will work with the owner
, and his designer to find an acceptable design improvement.
One idea is sketched as an example on the attached copy
of the owner ' s plan.
Council Meeting - June 30 , 1980
Mr. & Mrs. Seifert and their attorney, Curtis Pearson,
were present. �
Mr. Pearson reviewed his letter of June 20 , 1980 with
the City Council .
Letter - Pages 11-13
Discussion centered around the timetable for the removal
of the lakeshore cabin and the two rental properties,
and also the access onto Shadywood Road.
(Continued, Page 14)
.
' ' � Page 11
_ LAW OFFICES
, LEFEVERE, LEFLER. PEARSON, O BRIEN 6. DRAWZ
1100 F�RST NATIONAL BANI( BU�LDING
CLAYTON L LcFEVERE BROOKLYN CENTER OFFICES
HERBERT P. LEFLER MINNEAPOLIS. MINNESOTA 55402 610 BROOKDALE 70WER5
GUR7�5 A. pEAR50N TELEPHONE (6I2) 333-0543 2810 COUNTY ROAD 10
J.DENNIS O BRIEN
(� p BROOKLYN CENTLR.MINNESOTA 55430
JOHN E.DRAW2 June 2� 17 O�
DAVID J.KENNEDY � f6121 56�-3200
JOHN B. DEAN
GLENN E.PURDUE � RICHARD J. SCH�E�FEH
JAMES D. LARSON
CHARLES L. L[FEVERE
- HERBERT P. LEi'LER,III
JEFFRE� J. STRAND
JAMES P. O'MEARA
MARv J. BJORKLUND
THOMAS D.CREIGHTON
WENDY L.�REEDMAN
Mr. Bruce Malkerson ' �
City Attorney , City of Orono
4344 IDS Center
Minneapolis , Minnesota 55402
Re : Milton Seifert Variance Request -
1856 Shauywood Road
Your File No. 548
Dear Bruce:
- + On June 2, 1980 , my clients and I were before the Orono City
Council on a reQuested variance. The Council members r�resent in-
dicated they were not willing to accept the recommendation of the
Pl���ning Comm.ission. It appeared froir: the discussion at the Council
meeting that what the City was requesting of the Seiferts was beyond
the possible as far as Dr. and Mrs. Seifert are concerned. It is my
unc?erstanding that the Council tabled the matter rather then approving
or denyincT the variance.
Since June 2 , I have had. a number of conversations with t�ir.
Olson and other miscellaneous conferences with staff personnel. I am
• today in receipt of Pir. Olson' s, memo to the staff with his recomm.endat:
He and I discussed these on June 18 from the standpoint of trying to
work out some sort of compromise acceptable to the City and which my
clients can live with. I have t'a)_kec� to Dr. and Mrs. Seifert and belii
that we can basically go along with Alan Olson' s recor�mendations with
some minor modifications. The unfortunate part is that t4r. Olson ,
who has discussed this with members of the Council, is now on vacation
and will not be returning until sometime around the lOth of July. I
have transmitted the conditions to Alan by .phone but thouQht it best ti
put therr, in writinc with the hope that something could beyreduced to
writing prior to the Council meeting on June 30 which would in essence
- meet the planner' s recomrr.endations and would spell out what my client
can live with_ I will respond to each of Mr. Olson' s comir.ents :
l. Dr. and P'Irs. Seifert are willing to enter into a written
contract with the City to remove the lake side cabin by December 31,
1983. He is not in a position to remove it immediately fo r reasons
' � � LAW O�FiCES Page 12
� LEFEVERE, LEFLER, PEARSON. O BRIEN & DRAWZ
.
Page 2
��r. Bruce rfalkerson
June 20 , 1980
previously stated and needs the winter months to allow him to bring in
" heavy equipment across the lake for removinq - the cement block , etc.
without going across a.nd tearing up his entire yard. We therefore
agree to remove the lake side cabin if the time is extended to December 3:
1983, and we feel we are basically giving on this point since we are
within the recom�r:endations of the Plannino Commission.
2. Dr. and Mrs. Seifert will state in writing that it is their
desire to phase out the rental units , and they will agree that� the
rental units will be concluded in 20 years or upon sale of the
property, whichever occurs first. This can be done if the City will
recognize that if Dr. Seifert does away with the rental of the units ,
he would be allowed to keep the structures as Quest houses . Both of
the auest houses have double garac�es in the basement , and I believe that
the Seiferts would hope that as their economic conditions improve , it
would not be necessary to rent the structures , but they would like to
keep them for family and guests. It is my understanding that a permit
- ` for a guest house is necessary unc3er the Orono Code, and therefore we
would want that included in any written Stipulation, that upon his
ceasinQ to rent the units he could retain them as auest houses.
3. The Seiferts are willin� to agree that upon completion of
their current m�odernization and improvement plans , there would be no
further additions to the principal building or on either of the rental
units. Basically, we can live with Mr. Olson` s third recommendation.
4. The Sei ferts are wi lling to work with the Ci ty to improve
the parking in the area abutting County Road 19 , but we should
,enr�hasize that current usage appears to be the safest. I do not believe
Mr. Olson intends to convey the impression that separate driveways should
be built which would require automobiles to back onto the County Road.
We are not in receipt of the sketched example referred to in Mr. Olson' s
memorandum. The thinq I caution against here is that Dr. Seifert is
not in a position to svenG substantial sums of moriey in that area. I
want to emphasize we are willing to work with the City , but we have
difficulty in agreeing to make a change when we do not know what those
changes are or the costs which r.�ight be incurred. It ir.ay well be that
in studying the parking along County Road 19 , there also could be
some modifications in the proposed amount of hard cover to be removed
. near the house. I believe Mr. Olson does make a good point in that
possibly a larqer area should be left near the main structure for parking
and turn around purposes , and that we feel this wi 11 work to everyone ' s
advantage_ The amount of turn-around being removed was dictated by
, , ,
. �Aw OFF�CES Page 13
� � LEFEVERE. LEFLER, PEARSON. O BRIEN & DRAWZ
Page 3
Mr. Bruce Malkerson
June 20 , 1980
� discussions between the architect and the staff in an effort to show
good faith on the Seifert ' s part. They would like to maintain as much
of the turn-around near the home as possible, and I think that this
can be worked out between the city staff and Dr. Seifert' s architect
in such a manner that the basic purposes and goals oiscussed in Mr.
�Olson' s recommendation no. 4 can be met. "
Bruce, I am not sure how we proceed with this. I think if I�r.
Olson had stayed here we could have essentially arrived at an agreement ,
because I found that in my discussions with him we were making pro gress.
Unfortunately, he is now gone and my client is in a bind in that his
rr.ortgage corr�mitment is about to run out. [ae need action and agreement
on or before June 30 to �rake this work. I again stress to you and to
the other city officials th at the Seiferts are willing to approve this
proposal in an effort to find. a reasonable solution, but if it cannot
be done, they will have to look elsewhere for their main housing, an d
- 'everyone involved with this request will be a loser. It will be very
much appreciated if you can discuss this with I�4r. Benson and/or other
City officials to see if a written stipulation can be entered into or
at least prepared prior to the June 3D meetina so that if the Council
approves Mr. Olson' s recomrr.endations , the Seiferts will be ready to move
imm.ediately on their building. It is imperative that they try to do
this as quickly as possible to try to utilize the summer constructi on
season. They are already three m�onths behind, since they had expected
approval in early April.
If you have any questions or coirirents concerning this letter,
please contact me , and in any event I will hope to hear from you sometime
ne xt week.
Very truly yours ,
. �? �/ ,
Curtis A. Pearson
CAP: lh
cc: Mr. Dick Benson
Dr. Milton Seifert
�
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 14
Councilman Paurus stated that he would prefer to have VARIANCE
only one access on County Road #19 , if possible , but 1356 Shdaywood Rd.
that he could accept two accesses. (Continued)
Councilmember Butler stated that she has no problem
regarding a three-year phase-out of the lakeshore cabin.
Councilman Paurus suggested that the removal of the
lakeshore cabin be in April 1982 or April of 1983 and
five years for the removal of the rental units.
Mayor Van Nest moved that staff draft a resolution for
approval for a variance requested by Dr . Seifert and
that the resolution include all the background material ,
all recommendations of staff and information contained `
in our files; that the variance will be granted for the
construction of the house subject to the following
conditions:
1. The lakeshore cabin will be removed by April l, 1982 .
2 . That the rental units will cease to be rental units
in ten years with final approval of this variance ,
the City will grant a conditional use permit for
their uses as guest houses .
3 . That these guest houses are not to be used as permanent
living units other than for the Seiferts.
4 . All of these conditions are to be recorded in the chain
of title.
5 . The resolution to be signed-off by the Seiferts.
6 . That modifications will be made to the access onto
County Road #19 with the recommendation of the City
staff and Seifert's architect, that the access be
limited to one curb cut on #19 , if possible, if not,
the Council will allow two curb cuts.
7. Parking should be rearranged on the lot in order to
accommodate one curb cut. '
8 . That there shall be no requirements to remove any
existing hardcover other than the lakeshore cabin by
April 1, 1982 . This is justified by the fact that the
proposed hardcover removal is not in the Crystal Bay
watershed that goes across #19 .
9 . In the event that this property is sold or transferred,
that the right for any rental units will cease at that
time .
This motion is consistent with the Comprehensive Plan• and
the Zoning Ordinances and that the resolution be reviewed
by the City Attorney.
Paurus seconded for discussion.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 15
Butler moved to change the dates to December 31, 1983 VARIANCE
for the removal of the lakeshore cabin and December 31, 1856 Shadywood Rd.
1990 for the removal of the rental units. (Continued)
Motion died for lack of a second.
Mayor Van Nest moved, Butler seconded, to amend his
original motion to change the dates to July 1, 1983 for
removal of the lakeshore unit and ten years for removal
of the rental units. Motion, Ayes (3) - Nays (1) .
Councilmember Hurr Nay.
Vote on original motion: Ayes (3) - Nays (1) .
Councilmember Hurr Nay. ,
Jeanne Mabusth, Zoning Administrator, entered into the SUBDIVISION
record the following dated June 17, 1980 , which states: 555/575 Oxford Rd.
#482
Loren Klitzke, 555/575 Oxford Road� has met all the Loren Klitzke
conditions for final plat approval. Mr . Klitzke did
not change the original drainage easements as designated
in the Stielow Addition--the recorded Flowage and
Conservation Easement is still in effect.
Staff recommends approval of the final subdivision subject
to the atta��ed reso�.ution.
Council Meeting - June 30 , 1980
Mayor Van Nest turned the Council meeting over to
Acting Mayor Butler and stepped down due to a conflict
of interest.
Paurus moved, Hurr seconded, to adopt Resolution RESOLUTION #1157
#1157 , A Resolution Approving The Plat Of Klitzke Klitzke Addition
Addition, 555/575 Oxford Road. Motion, Ayes (3) - 555/575 Oxford Rd.
Nays (0) .
Jeanne Mabusth, Zoning Administrator, entered into the VARIANCE
record the variance request of Steve Curren, 110 Orono 110 Orono Orchard R
Orchard Road, dated June 23 , 1980 , which states: #533
Steve Curren
Rear Yard Setback:
Required: 50 '
Praposed: 28 '
Variance : 22 ' or 440
Side Yard Setback: �
Required: 30 '
Proposed: 25 ' •
Variance 5 ' or 170
(Continued)
� R�EGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 16
Well to Septic Tanks & Drainfield: VARIANCE
110 Orono Orchard
Reguired: 75 ' (Continued)
Proposed: 50 ' setback required by State
Varian�e : 25 ' or 330
Mr . Curren� s. application involves the proposed con-
struction of an addition (livingroom and attached garage)
requiring rear and side yard setback variances. The
improvement creates another bedroom and the accompanying
increase in septic demands. The subject property is
approximately 1/3 acre in a two-acre minimum lot zone,
rural section of the City . Applications of this type are
immediately submitted to the On-Site Manager for his ,
review. Mr. Gaffron requested additional septic testing
to assure that the�e was adequate and suitable area on
the site for the necessary septic expansion.
Council Meeting - June 30 , 1980
Mayor, Van Nest moved, Butler seconded, to approve the
variance request of Steve Curren, 110 Orono Orchard
Road, subject to the Planning Commission recommendations
and removal of the existing garage before a certificate
of occupancy is issued. Motion, Ayes (4) - Nays (0) .
Jeanne Mabusth, Zoning Administrator, entered into the SUBDIVISION
record the request for a subdivision of John L. Brooks, 795 N. Ferndale Rd,
795 North Ferndale Road, dated June 25 , 1980 , which states : #551
John Brooks
Zoning District - RR-1B
Subdivision - Two lot plat
Mr. Brooks proposes a plat of two lots . The total area
equals 7-3/4 acres. The existing structures meet the
setback of the district. Note the shoreline for each
lot meets the 200 ' requirement. The On-Site Systems
Manager recommends approval of proposed plat based on
satisfactory septic test results.
Planning Commission approved the following staff recom- '
mendations :
1. Flowage and Conservation Easement taken over the
designated wetlands.
2 . Lot 2 to grant a private driveway and utility
easement to Lot l .
3 . Septic installation shall conform to the On-Site
Septic Systems Manager ' s report and septic design
to conform with consultant ' s recommendation.
4 . Payment of park dedication fee for Lot 2 of $200 .
(Continued)
� REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 17
Council Meeting - June 30 , 1980 SUBDIVISION
795 N. Ferndale Rd.
Mayor Van Nest moved, Hurr seconded, to approve the (Continued)
preliminary subdivision request of John L. Brooks,
795 North Ferndale Road, subject to the Planning
Commission recommendations. Motion, Ayes (3) -
Nays (0) . Councilmember Butler femporarily absent.
Jeanne Mabusth, Zoning Administrator, entered into SUBDIVISION
the record the preliminary subdivision request of 4625 W. Branch Road
Richard Hawkinson, 4625 West Branch Road, dated #556
June 25 , 1980 , which states: Richard Hawkinson
Zoning District RR-1B '
Subdivision - plat of two lots
Lot 1 = 2 . 445 acres
Lot 2 = 6 . 2485 acres
Mr. Hawkinson had originally planned to combine his
property with the Moore subdivsion to the west (approved
by Council at their June 2 , 1980 meeting) . By the time
the first work session was completed, both neighbors
mutually agreed to proceed on their own. Unfortunately,
there is a great deal of bitterness that exists between
the two parties.
The lots meet all of the standards of the zoning district.
All existing structures meet the setbacks of the zoning
district.
As in the Moore application, the City will take an under-
lying road and utilities easement over the 25 ' private
driveway corridor to equal distance of Moore ' s easement
on west side.
The On-Site Septic System Manager ' s memo of May 19 , 1980
reviews the experimental shallow trench system to be
monitored by the University on Lot 2 and outlines the
agreement to be entered into by Hawkinson with the City.
The Planning Commission at their June 23 , 1980 meeting
approved the following staff recommendations:
l. Conservation and flowage easement over designated
wetlands.
2 . Underlying road and utility easement over the 25 ' private
driveway corridor-length to equal distance of adjacent
Moore easement. Applicant to supply metes and bounds
description for driveway.
3 . Dedication of additional right of way for West Branch
Road � (Continued)
� RrvULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 18
4 . Park dedication fee of $200 for Lot 2 . SUBDIVISION
4625 W. Branch Roa
S . Applicant to work with Public Works Coordinator (Continued)
on construction of driveway - specifically the
drainage concerns, proper sizing of culvert and
permit review completed by County Highway Department.
6 . Before final approval , the following must be sub-
mitted for On-Site Septic System Manager ' s review:
a) Site plan for Lot 2 designating location of house ,
driveway, well , primary drainfield, secondary
drainfield and other proposed improvements.
b) Test information for alternate drainfield site
for existing house on Lot l .
c) Applicant to designate and presume secondary
drainfield site if needed for mound system arises.
d) Applicant enter into agreement with City to affirm
the above items (a-c) .
Council Meeting - June 30 , 1980
Mr . Hawkinson was present stating that he would like a
building permit now.
Butler moved, Mayor Van Nest seconded, to approve the
preliminary subdivision request of Richard Hawkinson,
4625 West Branch Road, subject to the Planning Commission
recommendations and prepare a resolution' to approve a
building permit, but that no certificate of occupancy
to be issued until final approval of plat. Motion,
Ayes (4) - Nays (0) .
Jeanne Mabusth, Zoning Administrator, entered into the SUBDIVISION
record the preliminary subdivision request of E. T. Mertz , 1820 Fox Street
1820 Fox Street, dated June 24 , 1980 , which states: #557 -
E. T. Mertz
Zoning District RR-1B
Subdivision: Two-lot plat: �
Lot 1 - 2 acres
Lot 2 - 4 . 72 acres
The applicant proposes a subdivision of his 6 . 72 acre �
homestead into two lots. Each lot meets the standards .
of the zoning district. Access shall be directly off
Fox Street for both lots. The On-Site Septic Systems
Manager recommends approval of the Mertz subdivision per
his report dated June 6 , 1980 .
� (Continued)
� � �EGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 19
The Planning Commission recommends the following staff SUBDIVISION
recommendations for preliminary approval of the E. T. 1820 Fox Street
Mertz plat : (Continued)
l . Payment of park fee for Lot 1 of $200
2 . All new septic installation to conform with On-
Si�e Septic Systems Manager ' s report and recommended
septic design of consultant.
3 . Curb cut on Fox Street for Lot 1 ' s driveway subject
to Public Works Coordinator ' s review.
Council Meeting - June 30 , 1980
Mayor Van Nest moved, Hurr seconded, to approve the
preliminary sub3ivision request of E. T. Mertz ,
1820 Fox Street, per the Planning Commission recom-
mendations and that the guest house not be rented.
Motion, Ayes (3) - Nays (0) . Councilmember Butler
temporarily absent.
Jeanne Mabusth, Zoning Administrator, entered into CONDITIONAL USE
the record the request for a conditional use permit PERMIT
of Robert & Joanne Mortenson, 1205 Arbor Street, 1205 Arbor Street
dated June 25 , 1980 , which states: #560
Robert Mortenson
Zoning District RR-1B
Area approximately 3 . 7 acres
Applicable Ordinance - 34 . 025
The applicant proposes construction of a 48 ' X 52 . 5 '
greenhouse, 13-1/2 ' in height, that meets all the
setbacks of the zoning district. There is approximately
a 100 ' setback between the proposed greenhouse and
existing house. In ,the future, the Mortensons want to
construct a service area on the north side of the green-
house approximately 20 ' X 48 ' (head house on site plan) .
There is adequate area for additional off-street parking
on the site. The applicants have stated there will be '
no need for any extensive exterior lighting - only one
outside light.
The Building Inspector has reviewed the plans and type
of greenhouse proposed and he finds no problem. Mr.
Jacobs does request the information on "testing"
referred to in the engineer ' s memo when the applicant
submits plans for a building permit.
As for screening, there is a natural screening of trees
along the rear and side of the greenhouse . The slope
of the lot along the street side provides another natural
barrier.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 20
Access would be off Arbor Street in a densely populated CONDITIONAL USE
neighborhood of lots 1/3 to 1/2 acre in size. PERMIT
Neighbors did not attend the action meeting. Staff 1205 Arbor Street
has not received telephone or written comments opposing (Continued)
the greenhouse - not even a request for information on the
item.
The On-Site Septic Systems Manager reports there is no
conflict with proposed location of greenhouse with
existing drainfield area or a future alternate drain-
field site on the property. Mrs. Mortenson has conducted
her orchid greenhouse operation on a 1/3 acre lot in
Crystal for several years. In review of the Planning
Commission minutes of June 9 , 1980,, note the written
comments submitted by the applicant ' s neighbors.
The Planning Commission weighed the question of a
commercial operation being introduced into a densely
populated neighborhood such as Crystal Bay. In the
absence of any comments or concerns of the neighbors, the
Commission determined that a limited commercial (hobby-
like) use was compatible with neighborhood. The 3 . 7 acre
lot could not be subdivided and the 1. 7 acre additional
acreage could support a limited, controlled commercial
operation as a greenhouse . The traffic generated would
be no more than that generated by residential use .
The Planning Commission ' s vote was 4 in favor and 3 opposed.
Review the recommendation and the minority opinion.
Adams and Wilson both expressed concern with the control
over the commercial_ use not the issue of the compatibility
of use. The Zoning Administrator agrees the key issue -
in the application is the establishment of standards to
limit the commercial operation not to encourage a 50g
expansion. The "expanded hobby use" must be limited to
one physical plant (48 ' X 52 .5 ' greenhouse - 20 ' X 48 '
' head house) .
Staff has combined the majority opinion' s findings and
conditions with the following recommendation:
Based on the following findings, we recommend approval of
a conditional use permit for limited commercial-greenhouse
operation at 1205 Arbor Street:
1 . Sufficient area of 3 . 7 acres property cannot be sub-
divided
2 . No objections from neighbors.
3 . Expanded hobby use - not full-time employment -
compatible use in residential neighborhood.
4 . Operation will not generate excessive traffic into
a residential neighborhood.
5 . No additional burden on existing septic system with
addition of greenhouse use. (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 21
Subject to the following conditions : CONDITIONAL USE
PERMIT
l. Applicant to submit a site plan designating the 1205 Arbor Street
following physical improvements: (Continued)
a) location, setbacks and size of physical plant
. (greenhouse 48 ' X 52 . 5 ' - 20 ' X 48 ' head house)
b) only one curb cut to be allowed for expanded
hobby use (two exist serving residence and
barn area) .
c) driveways and off-street parking area (three
parking spaces) .
2 . Combine four separate tax parcels. ,
3 . All improvements involving greenhouse operation
limited to the above referenced site plan.
4 . Conditional use permit granted to the Mortensons
only.
Council Meeting - June 30 , 1980
Discussion included the amount of sales, traffic
problems, and future use of the property.
Paurus moved, Hurr seconded, to table the request
of Robert & Joanne Mortenson, 1205 Arbor Street,
for a conditional use permit and request staff to
address the adverse effects of this application
concerning the potential traffic problem in a
densely populated area in excess of zoning require-
ments. Motion, Ayes (4) - Nays (0) .
Jeanne Mabusth, Zoning Administrator, entered into VARIANCE
the record 'the request of Mark Fuller, 4055 Elm 4055 Elm Street
Street, for a variance, dated June 26 , 1980 , #562
which states: Mark Fuller
The Mark Fuller variance application is a renewal ,
of a lot area and lot width variance approved in the
summer of 1978 . The drainage ditch running along
Elm Street in front of the property was reviewed
and the applicant was again advised that the Public
Works Coordinator must determine size of culvert for
driveway to proposed house.
At their June 9 , 1980 Planning Commission meeting,
the Planning Commission approved the lot width and
area variance for Mark Fuller based on the hardship
that there is no adjacent land available and subject
to the following conditions: ,
(Continued)
� REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 22
l . Lots 7 , 8 , & 9 must be combined as one building VARIANCE
site. 4055 Elm Street
(Continued)
2 . Al1 construction to meet setback of the zoning
district LR-1B.
3 . Public Works Coordinator to determine culvert
size for proposed driveway.
Council Meeting - June 30 , 1980
Paurus moved, Butler seconded, to approve the variance
request of Mark Fuller, 4055 Elm Street, per the
Planning Commission recommendations of June 9 , 1980 .
Motion, Ayes (4) - Nays (0) . '
Jeanne Mabusth, Zoning Administrator, entered into the VARIANCE
record the request of Alan Dale , 2690 Pheasant Road, 2690 Pheasant Road
for a variance , dated June 24 , 1980 , which states : #565
Alan Dale
Zoning District - LR-1B
l. Side yard variance :
Required: 10 '
Proposed: 7 '
Variance: 3 ' = 30o
2 . Hardships:
a) no adjacent land available
b) house location on lot
The Dales have recently constructed a deck 28 ' X 20 '
on the rear of their home at first floor level extending
4 ' frdm their neighbor ' s property line. They would
like to construct a 16 ' X 16 ' screened porch over the
west edge of the deck that will extend 7 ' from the
side property line. The screened porch is considered
an encroachment (31. 433) and will require a setback .
variance. We have been advised that the neighbor to
the west does not oppose the application. We have
not received written comments nor did he make an
appearance at the action meeting.
Council Meeting - June 30 , 1980
Butler moved, Hurr seconded, to request staff to
draft a resolution approving the variance request ,
of Alan Dale, 2690 Pheasant Road, subject to the
porch never being enclosed and made a part of the
house, to be entered into the chain of title, and ,
that the drainage from the roof be directed to the
south. Motion, Ayes (4) - Nays (0) .
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 23
Jeanne Mabusth, Zoning Administrator, entered into VARIANCE
the record the request of Steve Haverberg, 3215 3215 Crystal Bay Rd.
Crystal Bay Road, for a variance dated June 25, 1980 , #566
which states: Steve Haverberg
Zoning District: LR-1C
Side yard setback variance :
Request - 10 '
Existing buildings - 3 . 7 '
Existing slab - 2 ' approximation
Proposed - 2 ' approximation
Steve Haverberg has constructed a screened porch
12 ' X 18 ' over an existing 26 . 2 ' X 12 ' slab.
The porch was constructed without a building permit
and the benefit of a zoning review. The owner has
been transferred to Seattle and has been absent from
his home for the past few months. The house has
been sold and Mrs. Haverberg has finally completed
the variance application for the City ' s review.
The existing slab, not considered an encroachment,
extends to within two feet of the west side property
line. The screened porch is considered an encroachment
and requires approval of a side yard variance before
construction. Neighbors have both written letters
approving of the construction. Mr. Schabilla, a
neighbor on the west side, is concerned that the porch
area never be enclosed because of the location of his
house to the encroaching structure.
If Council accepts the recommendation of the Planning
Commission, staff advises that in addition to the
actual encroachment being certified by the surveyor
• that a legal description of that portion of the screened
porch encroaching into the 10 ' side yard setback area
be furnished and that a resolution forbidding the
enclosure of the subject area be filed by the City
against the Haverberg property. ,
Council Meeting - Jurie 30 , 1980
Butler moved, Hurr seconded, to request staff to draft
a resolution approving the variance request of Steve
Haverberg, 3215 Crystal Bay Road, stating that the
screened porch never be enclosed and made a part of the
house , and to be entered into the chain of title .
Motion, Ayes (4) - Nays (0) .
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 24
Jeanne Mabusth, Zoning Administrator, entered into VnRIANCE
the record the request of Michael Lynn, 1265 Bracketts 1265 Bracketts Point
Point Road, for a variance dated June 24 , 1980 , which #557
states : Michael Lynn
Zoning District: LR-lA
A) Front yard variance required for traveled, not
platted road:
Required: 50 '
Pro�osed: 34 '
Variance : 16 ' = 320
B) Hardships: '
l . Width of lot 175 ' - setback from lakeshore
of 75 ' and street setback of 50 '
2 . Location of traveled road as opposed to
platted road.
The Lynns request a front yard variance setback of
16 ' for a tennis court 60 ' X 120 ' . The subject lot is
3+ acres, but a long, narrow lakeshore property. The
court will be constructed in a heavily wooded area of
the property. The On-Site Septic Systems Manager
advises that the location of the tennis court will not
effect the existing or future drainfield area. The
improvement will not create a hardcover problem.
The Planning Commission at their meeting of June 23,
1980 , approved the variance for a tennis court based
on the hardships of configuration of the lot and the
location of the lake and street.
Council Meeting - June 30 , 1980
Hurr moved, Paurus seconded, to approve the variance
request of Michael Lynn, 1265 Bracketts, subject to
the Planning Commission recommendations of June 23 ,
1980 . Motion, Ayes (3) - Nays (0) . Councilmember
Butler temporarily absent. '
Alan Olson, City Planner, prepared a memo dated June 18 , VARIANCE
1980 , concerning a variance for Jack Rhode, 1410 Bohns 1410 Bohns Point Rd.
Point Road, which states: #546
Jack Rhode
You should have received by mail a request from Jack
Rhode to have his #210 Variance renewed and amended,
including redesign and relocation of his house. �
His attorney requested a slot on the June 30 , 1980
agenda which has been done for discussion purposes. •
I have not received an acceptable survey upon which
to base a factual review.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 25
If Mr . Rhode insists on revising nis house plan and VARIANCE
location from that approved in Resolution #851, then 1410 Bohns Point Rd.
I recommend and request Cour.cil direction to refer (Continued)
said new application to the Planning Commission for
formal, standard review.
Council Meeting - June 30 1980
Present were : Jack Rhode , his attorney, James
Swenson, Jason Becker, and Gregg Hannah.
Mr. Swenson presented the City Council with a letter
from the Lauers, who live next door to the Rhode
property, stating that they agreed with the location
of the proposed relocation of the house.
Mayor Van Nest stated that Mr. Jack Rhode has shown
us the same plat prepared by the Gary Gabriel
Land Surveyors showing the proposed Rhode residence
as drawn on April 15, 1980 . The surveyor states that
this is the best area to place the house , which puts
the house in the center of the lot and will allow
an area for landscaping on either end of the lot
after the carriage house is removed.
Mr. Swenson reviewed Resolution #851 stating that
they would like Mr . Rhode to build without a
restricted covenant on the easements that was originally
included in the resolution.
He stated that he does not believe that the application --
should be referred back to the Planning Commission -
because the Planning Commission had already recom-
mended the buildability of the lot in relation to the
easements.
Mayor Van Nest stated that we are now being requested ,
to change the front setback line and that he has not
heard any hardship or reason for the change . This
change should be reviewed by the Planning Commission
to determine if there is a hardship or other reasons
for a change. He stated that the easement and dock use
area be negotiated by Mr. Rhode and the two easement
holders.
Mr. Jason Becker stated that he felt it was unfair to
him to make any decision tonight due to the fact that
he has not had time to prepare a reply. Mr . Becker
stated that he felt due process is necessary to make
any changes, therefore, he felt that the new application
should be referred to the Planning Commission for review.
Butler felt that it was not necessary to be referred
to the Planning Commission because it is still a house
on a lot and she does not feel that it is a material
change . (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 26
Paurus moved, Hurr seconded, to refer the Jack rZhode , VARIANCE
1410 Bohns Point Road, application to the Planning 1410 Bohns Point R�
Commission for their meeting of July 21, 1980 to (Continued)
review the front setback line with the intent to
bring back to the City Council for their meeting of
July 28 , 1980 . Motion, Ayes (4) - Nays (0) .
Alan Olson, City Planner, prepared a memo dated PUBLIC WATERS
June 9 , 1980 concernig the Department of Natural DESIGNATIONS
Resources public water designation, which states :
The Department of Natural Resources is in the process
of identifying all �ublic waters in Hennepin County
and has asked for review and comment from the County
and each City.
We have reviewed their preliminary map of Orono
dated May 12 , 1980 and compared it to our own
wetlands inventory. We agree with all their
designations and suggest adding those wetland areas
colored green on the map.
We recommend Council approve the Department of Natural
Resources ' public waters designations with the
additions noted by staff.
Council Meeting - June 30 , 1980
Hurr moved, Mayor Van Nest seconded, to approve the
Department of Natural Resources ' public waters
designations with the additions noted by staff.
Motion, Ayes (4) - Nays (0) .
Alan Olson, City Planner, prepared a memo dated STUBBS BAY ISLAND
June 9 , 1980 concerning an island in Stubbs Bay
which states:
In February, we briefly reviewed some correspondence
between the Bureau of Land Manag,ement and the Metro-
politan Council concerning Bureau of Land Management
land in the metro area. One island was noted in
Stubbs Bay which Metro suggested Orono may wish to
acquire.
On June 5, 1980 , we received a letter from the
Bureau of Land Management regarding land use plans,
etc . , still referencing the Stubbs Bay Island.
I recommend we inform the Bureau of Land Management
that our records indicate private ownership of the
island, and that Orono has a flowage and conservation
easement over the entire property. If there is own-'
ship conflict, the Bureau of Land Management should
work it out with the listed property owner.
(Continued)
. REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 27
Butler moved, Paurus seconded, to approve �he STUBBS BAY ISLAND
letter to be sent to the Bureau of Land Manage- (Continued)
ment concerning the ownership of the island in
Stubbs Bay. Motion, Ayes (4 ) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1158
Resolution #1158 , A Resolution Directing Staff To Gayles Marina
Issue A Commercial Dock License To Gayles Marina
Corporation Subject to Conditions Noted Herein For
The Period Of January l, 1980 To December 31, 1980 ,
as amended excluding nine additional slips . Motion,
Ayes (4 ) - Nays (0) .
John Gerhardson, Public Works Coordinator, prepared MC CULLEY ROA�
a memo with the following twenty-four traffic counts TRAFFIC COUNTS
on McCulley Road, dated June 19, 1980 :
6-5 - 6-6 1679
6-9 - 6-10 1801
6-10 - 6-11 1876
6-11 - 6-12 2092
6-12 - 6-13 1725
6-16 - 6-17 284 (road construction)
6-17 - 6-18 2093
6-18 - 6-19 2020
Mayor Van Nest announced that a public hearing PUBLIC HEARING DATE
will be held July 28 , 1980 at 7 : 00 P.M. in the Sewer & Water Rates
Council Chambers concerning an ordinance for a
proposed increase in the sewer and water rates.
John Gerhardson, Public Works Coordinator, ARCOLA BRIDGE
prepared a memo concerning the pre-construction
meeting for the Arcola Bridge , dated June 9 , 1980 ,
which states :
On Tuesday June 3 , 1980 , Hennepin County Department
of Transportation conducted a preconstruction meeting
for the Arcola Bridge.
In attendance were:
Clayton Nolby, Hennepin County
Elmer Eveslage, Lunda Contractors
Bill Rusch, Hennepin County
Bill Friberg, Northers States Power Company
Jack Ye , Northwestern Bell Telephone Company
John Gerhardson,Orono
Steve M. Quincy, Orono Engineer
Glenn Cook, Orono Engineer , ,
(Continued)
' � �EGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 28
Mr . Clayton Nolby chaired the meeting and discussed ARCOLA BRIDGE
items of the contract such as late penalties, (Continued)
traffic control responsibilities, pollution control,
and publication.
Mr. Nolby stated that although the Hennepin County
Board of Commissioners had not approved the contract _
as of this date . Approval should be the week of
June 9 , 1980 with construction beginning the week
of June 16 , 1980 .
There will be two stages to the project. Stage 1
will consist of three phases.
Phase I will require one lane of traffic with a
temporary semaphore time actuated and will consist of
30 working days.
Phase II and III will allow for two lanes of traffic ,
however , when the concrete is being poured, a complete
closure will be necessary for the curing of the concrete
but should not amount to much more than twenty-four
hours.
The east side of the bridge will be constructed first.
The City of Orono suggested that Hennepin County
Traffic Control contact the Orono Police prior to
construction to inform them of the procedure of
traffic control and that the project supervisor keep
in contact with the Orono Police of construction progress.
The contractor was instructed to verify permits for any
individual filling in Orono.
Stage II will begin immediately upon completion
of Stage I, weather permitting. •
John Gerhardson, Public Works Coordinator, prepared DRAINAGE CONTROL
a memo concerning drainage control for Long Lake Long Lake Blvd.
Boulevard, dated June 12 , 1980 , which states:
Recently, the City of Orono received from the
Minnehaha Creek Watershed District a notice informing
us that funds are available to improve drainageways
in the City of Orono.
Mr . Glenn Cook, City Engineer, and I reviewed an
erosion problem on Long Lake Boulevard where the
storm water runoff has severely eroded an embankment
outletting into Long Lake .
I discussed this with the property owner and if the '
type of improvement meets with his approval he would
donate a drainage easement if necessary.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 29
I have submitted the attached sketch plan and cost DRAINAGE CONTROL
estimates to the Minnehaha Creek Watershed District Long Lake Blvd.
with the understanding that Council approval has not (Continued)
been received. Mr . Holmquist stated that if the plan
is not approved by the Orono Council, we can back out
of the program.
Council Meeting - June 30 , 1980
Mayor Van Nest moved, Hurr seconded, to request the
Minnehaha Creek Watershed District to install rip rap
at the Long Lake Boulevard drainage problem area for
the estimated cost of $8 , 400 . Motion, Ayes (3) -
Nays (0 ) . Councilman Paurus temporarily absent.
Dick Benson, City Administrator, prepared a memo RELOCATION
regarding the Public Works Department relocation PUBLIC WORKS DEPT.
dated June 16 , 1980 , which states: Robb Property
The City Council requested staff to review the Public
Works Department and the need to relocate it to an
area suitable for its operation.
The City has had property appraisals and Planning
Commission reviews of several possible sites, including
the present City owned French Lake area and the privately
owned Robb property, located on Highway #12 and the
Old Crystal Bay Road.
The French Lake property, 40 acres, breaks down to 28
wet acres, six wooded acres, and six usable acres for
other uses.
To consolidate the Public Works operation at the French
Lake site , would destroy many trees and impose an
environmental impact on the wetlands in the center
of a residential area.
The Robb property is suitable for Public Works functions
and it is my recommendation that the City consider
pursuing this site for future City ownership, while
considering selling the French Lake property allowing
it to remain as a residential use.
Council Meeting - June 30 , 1980
Mayor Van Nest moved, Butler seconded, to authorize
Dick Benson, City Administrator, to negotiate with
the Robb property owners for the relocation of the
Public Works Department. Motion, Ayes (4) - Nays (0) .
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 30
John Gerhardson, Public Works Coordinator, prepared PARKS & OPEN SPACE
the following memo regarding the parks and open GUIDE PLAN
space meeting of June 12 , 1980 , dated June 27 , 1980
which states:
On June 12 , 1980 , Mr . Brad Lemberg, Bonestroo, Rosene ,
Anderlik and Associates, attended the public hearing
on Revisions to the Recreation Open Space Development
Guide Policy Plan.
During the question and answer period Mr. Lemberg
asked if there were any projects designated within the
City of Orono. There are no projects designated for
the City of Orono.
Any projects affecting Orono would be proposed by the
Hennepin County Park Reserve.
Council Meeting - June 30 , 1980
Mayor Van Nest requested Dick Benson, City Administrator,
to check out items #42 , #53 , & #54 of the Open Space
Development Guide Policy Plan.
Glenn Cook, City Engineer , will present a progress TRAFFIC SIGNAL
report regarding the Highway #12 and the Old Crystal #12 & Old Crystal Ba�
Bay Road traffic signal right-of-way at the Council Right-Of-Way
meeting of July 14 , 1980 .
Glenn Cook, City Engineer , will present a progress WATER FEASIBILITY
report regarding the Orono Industrial area water STUDY
feasibility study at the July 14 , 1980 Council meeting. Orono Industrial Are�
Butler moved, Paurus seconded, to approve payment #5 PAYMENT #5
in the amount of $36 , 550 . 95 to Buffalo Bituminous, Inc. Buffalo Bituminous
Motion, Ayes (4) - Nays (0) .
Butler moved, Paurus seconded, to approve payment #6 PAYMENT #6
in the amount of $115 , 239 .63 to Buffalo Bituminous, Buffalo Bituminous
Inc . Motion, Ayes (4 ) - Nays (0 ) .
Paurus moved, Mayor Van Nest seconded, to authorize MC CULLEY ROAD
Hennepin County to strip McCulley Road. Motion,
Ayes (4) - Nays (0 ) .
Hurr moved, Paurus seconded, to approve the First COMPARISON REPORT*
Quarter Comparision Report for 1977 through 1980 , 1977-1980
dated June 16 , 1980 indicating revenues f�om Building '
permits, general permits, conditional use permits,
variances, and plan checks. Motion, Ayes (4 ) - Nays (0 ) .
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 31
Hurr moved, Paurus seconded, to adopt Resolution RESOLUTION #1159*
#1159 , A Resolution Approving Issuance Of On And Off Liquor Licenses
Sale 3 . 2 Beer Licenses, Setup Licenses, And Liquor
Licenses. Motion, Ayes (4) - Nays (0) .
Dick Benson, City Administrator, prepared a memo SEAL COATING PROGRAb
concerning the seal coating program dated June 16 ,
1980 , which states:
To adjust for inflationary costs, the seal coating
program for 1980 will be completed by City personnel
and equipment.
The attached list of streets are included in Area D
and Area E as per the City ' s master plan submitted
in 1978 , which is a three-year projected seal coating
plan.
The increase in cost per gallon of oil from $0 .56 per
gallon in 1979 to $0 . 90 per gallon in 1980 has increased
the seal coating costs projected for this year $17,000 ,
which has necessitated eliminating of contractors
equipment and personnel.
The total cost of $41,423 for the 1980 seal coating
project is budgeted and materials have been included
in the 1980 street material bidding process.
Council Meeting - June 30 , 1980
Hurr moved, Paurus _seconded, to approve the seal coating -
program for 1980 per the above memo. Motion, Ayes (4) -
Nays (0) .
The following complaint to the Fairview Hospital, FAIRVIEW COTTAGE
Minneapolis, regarding Fairview Hospital Cottage COMPLAINT*
in the City of Orono dated May 28 , 1980, states:
"We, the undersigned, _�re neighbors of Fairview
Hospital Cottage , located at Orchard Beach Place . '
On Friday, May 23rd, a party was held at the Cottage .
The party consisted of approximately 150-200 unchaperoned
Edina students. The use of the Fairview Cottage by non-
hospital groups seems to be a departure from past
regulations. We, as neighbors, are concerned about this
departure and wish to present the following points to
you concerning Friday ' s party:
l. Many of the students were drinking alcoholic beverages.
2 . Neighbors witnessed several occurances of students
urinating on their lawns.
3 . The students littered neighbors ' lawns with beer cans,
bottles, and other debris.
(Continued��
. >
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 32
4 . Students were observed changing clothing on FAIRVIEW COTTAGE*
neighbor ' s lawns. (Continued)
5 . The amplified music was loud and disturbing.
6 . Parking was a problem, since the parking area holds
only about 20 cars. Some of the students parked _
on neighbors ' lawns.
We hope you will consider the above points worthy of
discussion, and will bring this matter to the attention
of all appropriate personnel. We have felt that you
have been a good neighbor to the community in the past.
We stro�gly urge you to adhere to your policy of using
Fairview Cottage in a suitable manner. "
Signed by:
John R. Anderson
4191 North Shore Drive
Mr. & Mrs. Walter Hoyle, Jr.
P.O. Box 264
Spring Park
Mr. & Mrs. Daniel Hartnett
4201 North Shore Drive
Mr. & Mrs. David Kaufhold
4140 North Shore Drive
Mr. & Mrs. Robert Maxfield
4125 North Shore Drive �
The following letter was sent to the above listed
petitioners from Dick Benson, City Administrator,
on June 9 , 1980 : �
"Your letter dated May 28 , 1980 , of which a copy was
received by the City of Orono, has been reviewed by the
Building and Zoning and Police Departments.
"'1'he use of the Fairview Hospital Cottage for hospital
related functions has, in the past, been well regulated
by hospital personnel , although parking has recently
generated several complaints to our Police Department.
"The use of the cottage Friday, May 23 , 1980 , which has
generated complaints from you, has been reviewed by
City staff and a copy of our letter to Dr. Carl Platou,
President of Fairview Hospital, is enclosed for your
information.
��As noted, we have requested Dr. Platou to contact you to
discuss the events of May 23 , 1980 and attempt to
resolve the complaints.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 33
"If this procedure does not prove to be satisfactory, FAIRVIEW COTTAGE*
� please do not hesitate to contact me at my office , (Continued)
473-7358 , and I will arrange a meeting with hospital
administrative personnel , our staff, and you to discuss
this matter further . "
End of letter -
Council Meeting - June 30 , 1980
Hurr moved, Paurus seconded, to approve the above
letter concerning the Fairview Cottage complaint.
Motion, Ayes (4) - Nays (0) .
Hurr moved, Paurus seconded, to approve the letter CRYSTAL BAY POST
dated June 4 , 1980 concerning the Crystal Bay Post OFFICE LETTER*
Office from Tom Hagedorn. Motion, Ayes (4 ) - Tom Hagedorn
Nays (0 ) .
Letter - Page 34
Hurr moved, Paurus seconded, to approve the letter CRYSTAL BAY POST
dated May 27, 1980 concering the Crystal Bay Post OFFICE LETTER*
Office from Tom Hagedorn. Motion, Ayes (4) - Tom Hagedorn
Nays (0) .
Letter - Pages 35 & 36
Hurr moved, Paurus seconded, to approve the letter CRYSTAL BAY POST
dated June 18 , 1980 concerning the Crystal Bay Post OFFICE LETTER*
Office from Rudy Boschwitz . Motion, Ayes (4) - Rudy Boschwitz
Nays (0) .
Letter - Pages 37-39 ,
, SENIOR CITIZEN
Howard Meagher, Oronos representative to the
Urban Hennepin County Advisory Committee , was ADVISORY COMMITTEE
present to discuss his report on senior citizen
housing.
Urban Hennepin County Advisory Committee- Alternative
Housing
Pages 40-42
Page 34
� � .TOM HAGEDORN o�s�wicT orvicc�
2�D��-rwicr.Mir...csoi• P.O. Po:�1�8
. M�HK�ro.M�tiv�so�w 56001
co.a.�ir7ccs: (507) ]8�-B22b
hGRICULTURE �oi�qre�� ot t�je �ititeb �tate� 211 SoinH Newror+ STwrtr
PUBLIC wORKS AND A�aur LU, Mv+wcsoTw 56007
TFANSPORTATION ��Du�e nf �epre5entatibe� (507) 377-1676
RONALD K.ENCE
WASN�NGTON OfFICE� I/� 1F
dtD C/,NNON HOUSC OFFICE BVILDtNG
�a5�jingfon� ���• /+O�iV ADMIH�SIAATIV[ h5SI5TA
WASMIHGTON,D C� ZOSIS
(202)225-2d72
June 4 , 1980 .
Mr. Walter R. Benson
• City Administrator
City of Orono
Post Office Box 66
Crystal Bay, Minnesota 55323
Dear Mr. Benson:
With reference to our previous correspondence, I have
just received the enclosed report from the U.S . Postal Service
in response to my recent inquiry on your behalf.
I was very disappointed to learn that Postal officials
will not assign a post office or zip code for the City of
Orono. Unfortunately, postal boundaries are not adjusted
for the purpose of providing local identity and Postal offi-
cials contend that designating a post office for your City
would result in deteriorated service and higher costs . A1-
though I note that Postal representatives have been in touch
with Orono City officials to explain their decision in further
detail, I thought you would want to have a copy of Mr . Van
Coverden' s letter for your files.
I certainly regret that the Postal Service did not comply
���ith your request, however, if you feel there is • any further
way in which I can be of assistance, please do not hesitate to
let me know.
' With kindest regards , I am
Sincerely yours,
/m Hagedor
Member of Congress
TH: jf �
Enclosure
• ' � Page 35
. , ,�pTES POSTq '
v, Y
C �
LL m
� z
z � �(
5 ��/ �:,ci4�
i LLSMAIL T tc�/T��t' I
♦ ��� � �C^-a t
j . • • a r�
UNITED STATES POSTAL SERVICE
475 L'Enfant Plaza, SW
Washington, DC 20260
May 27, 1980
Honorable Tom Hagedorn
House of Representatives
�ti'ashington , D.C. 20515
Dear Congressman Hagedorn:
This is in response to your May 7 letter on behalf of Mr . Walter
R. Benson of Crystal Bay concerning the City of Orono ' s interest
in having a single Orono Post Office and ZIP Code to serve the
several communities in the area.
_ The Postal Service was interested in extending the lease on the
Crystal Bay Post Office when it expires on November 30, 1980.
However , the City of Orono, which owns the building , has advised
postal officials that the space is needed by the City. There is
no other space available for a postal facility in Crystal Bay .
Therefore , the post office will be temporarily closed December 1
and rural delivery service provided to customers.
The City of Orono has requested that the post offices in the
area be consolidated into one office with a single ZIP Code .
' T�inneapolis postal officials have met with City of Orono offi-
cials to explain that this would not be feasible or cost effec-
tive. Four rural routes would have to be added and an existing
building enlarged to handle the increased mail volume and number
, of carriers. .
Postal delivery designations and boundaries are not adjusted
solely for the purpose of providing local identity and do not
necessarily coincide with city , county , or township boundaries.
If we were to approve the address designation of Orono with its
own ZIP Code, we would be inviting operational difficulties that
would result in deteriorated service and higher costs. In order
. +
� Page 36
- 2 -
to achieve the desired local identity , residents of the Orono
area may wish to utilize a four line mailing address. An example
of this format is as follows :
Mr. VValter R. Benson
City of Orono
Post Office Box 66
Crystal Bay, MN 55323
If I can be of further assistance, please let me know.
S ' ely,
�"`� v-%i'✓ .,
Paul Van Coverden
Senior Representative
Government Relations Department
". � � C��wUla�{,NllSKIC, N�INC,CMA�rtVAN P��Q ��
l.
i •NRCM G. M/.GNU..OM,W�SH, MCNFY BCLLMON,OKU.
[HHCST I,HOLLItiGS,{.C. •RL V.pOMENICI,M. MCX.
. uwra+c�ii�a.ru. aoe►.cKw000.o«cc.
lOS�rM 11.�I�CN,Jw.,DGL WILLIAM L.ARMSTRpNG,C�4D.
J.BIHNCT iOHNSTON,U. M/�NCV UMDON KASSCBAUM,KM18. ' .ICz.�i{c� ,�f.af es ,�ez�af e
11M SI�S�CR,iEMV. PUOY bOSCHWIT2,NINN. i�
4ARY HAM1,COLO, ORRIN�.,NATCN,UTAM ���
MO'/�/�qD M. �w[T'ZCNNAVM,OHIO LANRT/RESSLCR,6.DAIC.
oo..��w,r+iec�,�a.,MicH. COM MITTEE ON THE BUOGET
DI�MICL rATRICX MOYHIMAN,N.Y.
1.�wra[s Enow,w[eR. WASHINGTON.D.C. 20510
X/11N T.MC EVOY,STAF�DIRECTOR
ROBERT S.SOYD,MIHORITY STAiF DIRELTOR
Jun� 18, 1q£�0
'�r. �'��lter R. P�enson
Cit� A�1r!inistrator
Citt� �f Orono
Post n`fice Bo:. CF
Crvstal Iia��, "'T? 553.'.3
ne�r ?tr. I��nson :
F.nelosec' is t�e resn�nse I reeeivec?. this ��rning rec�arc'.ina
an nron� nost n`rice.
I h�pe this ans�•*ers Sll{f1C1E'_1'lt.��� an�� c�nesti�ns �r concerns
vou riay have ha� rec��rc�inR this r�atter. IF evervthinc� has
not heen resolve� to ���ur s�tisfacti�n, P1P_FiSP_ c�or.' t hesi-
tat� t� 1Pt r�e ]_no�•r ��hat r��r.e I can c�� to h�ln.
I ��elc�ne the ��portunitv to serve ��rnl in an�� ����� I c�n ,
}�e ?t thmuah the le�is lati��e nrocess or thr�iicrh s�r�e per-
s�nal interventi�n r�ith the �'ec�eYal cr��Terr.*^er_t.
Please feel �ree to ��l���avs cail on r�e f�r anv ass�_st�r.ce
vou rtav need.
Co di l ly,
� � / , /
:, ,
,
/
; !cr ' r , ��L �C(;' � l�
� i�, �
j I
Rud�� Rosch�•�itz
United States Senator
RF./hc�e
Encloslire
� ' � Page 38
Jt� �I ; � I��`�O �P1E5 PUSTq
v �� � r
c v
W R.
F � z
c
� - z ��.� n
� - � U.SMAIL T.
_ ♦ f
•� + + *+•
. UNITED STATES POSTAL SERVICE
475 L'Enlant Plaza, SW
Washington, DC 20260
June 5, 1980
HonoraUle Rudy Boschwitz
United States Senator
210 Bremer Building
419 IJorth Robert Street
St. Paul, hiinnesota 55101
Dear Senator Boschwitz:
This is in response to your correspondence of P�7ay 12, on behalf
of Mr. Walter R. Benson, concerning the City oi Orono' s interest
in having a single Orono Post Office and ZIP Code to serve the
several communities in the area.
The lessor of the Crystal Bay Post Office has notified postal
officials that the Postal Service cannot renew the current lease
when it expires on November 30 , 1980. Therefore, the Postal
Service is currently analyzing alternate methods whereby it may
continue to service our Crystal Bay customers.
The City of Orono has suggested that the post offices in the area
be consolidated into one new facility and that delivery service
emanate out of that one office. Unfortunately, this would not be
feasible nor cost effective. This was explained to Orono City
officials in a recent meeting with postal officials from Minneapolis .
Postal delivery designations and boundaries are not adjusted
solely for the purpose of providing local identity and do not
necessarily coincide with city, county, or township boundaries.
In order to achieve the desired local identity, residents of the
Orono area may wish to utilize a four line mailing address . An
example of this format is as follows:
NIr. Walter R. Benson
City of Orono
Post Office Box 66
Crystal Bay, I�iN 55323
, � �
� Page 39
- 2 -
If I can be of further assistance, please let me know.
Sin erely, _
� �"
Paul Van Coverden
Senior Representative
Government Relations Department
� ' , Page 40
June 10 , 1980
�. Walter R. Benson
City of Orono , ,
Box 66
Crystal Bay, Minnesota 55323
SUBJECT: Urban Hennepin County Advisory Committee -
Alternative Housing
On February 10 , 1980 , the Advisory Committee noted in a
letter to you that Orono should continue its exploration
of assisted housing alternatives. As Orono ' s represent�tive
on the Committee, I agree with this suggestion.
I have no problem with the Council ' s current policy of using
available Federal funds for home rehabilitation; however ,
from a practical standpoint, the need in this area will
gradually diminish and there is an ever increasing need for
senior citizen housing. Most of the Area 5 municipalities
have done, or are doing, something about this issue and I
feel that the current administration in Orono should initiate
a plan to meet this very important social need.
Personally,' I am not in favor of programs that increase our
taxes and the rent subsidy program will certainly do this,
due to the long-term commitments for such subsidies. The
rent subsidy program, however, has a much greater payback
to the community than any other use of available funds and if
we do not get the maximum benefit of available funds, 'other
municipalities will, and the tax dollars of our local citizens
will be paying for the programs of other communities.
Here' s an example - Our $70 , 000 a year spent on home rehabilitation
is a one-shot deal, and no one knows how lo�ng it will continue.
Using the Boardwalk Apts. in Wayzata as an example, the tenants
are receiving approximately $200 , 000 annually in rent subsidies
and the subsidies are guaranteed for 20-40 years. The $200 ,000
actually represents additional income to��the 80 f amilies
living there. Nationwide, the Federal Government is committed
to over 100 billion dollars in rent subsidies, and as I noted
above, we will be paying taxes to support the �program without
receiving any benefit.
' Page 41
Walter R. Benson
June 10 , 1980
Page 2
Below are a few reasons why I feel Orono should have a
senior citizen facility.
l . Geographically, Orono is one of the largest lake communities.
Zoning restricts multiple housing so, at this point in time,
� there is no place within the City where senior citizens can
find adequate housing facilities once the� are forced to give
up their homes for a less complicated life style.
2. The senior citizen population of Orono is undoubtedly
considerably above the national average of 12�. It is a
meaningful segment of our population. The stability of our
citizenry is high. People do not want to move; however , due
to the lack of transportation and availability to the necessities
of life, our older citizens sometimes have no alternative. We
are losing older citizens with ample incomes to the sunbelt.
We are also losing those on fixed incomes who have suffered
drastically due to inflation and now find themselves in low
or moderate income status.
3 , Both of the above classes of citizens might be retained in
the community if they had a place to live where they could cope
with the problems of weather, transportation, access to the
necessities of life, and other problems that face older people.
To accommodate both those with ample �o�oseSconside�ation the
low and moderate income category, I P P20� occu anc at
should be given to an 80 unit facility, P Y
rental market value, and 80$ rent subsidy. To meet the' require-
ments for Federal funding, such a facility would have to be
located and designed to solve the problems which basically involve
, (a) , mobility, (b) access to the necessities of life, and
' (c) public transportation.
I suggest that our City Council appoint a task force to
work with staff to see if an acceptable site can be found
for such a project, and if such a project is feasible. Because
of the annual Federal funds available, it would necessarily be
a two to three year project just to get started.
Suggestion:
The Orono administration' s policy for many years has encouraged
a rather low profile for the Navarre Shopping Center. In doing
so, we have created an ideal shopping f acility for senior
citizens. Within a City block, just about all the necessities
of life are available. In addition, the corner of Highway 19
and 15 has the best public transportation service in the lake
" Page 42
�•�alter R. Benson
June 10 , 1980
Page 3
area providing frequent service to l�Iound, h'ayzata, Ridgedale ,
and even Minneapolis. A senior citizen facility in this
area would meet all the requirements for Federal funding .
I suggest the property north of the parking area behind
Navarre Hardware be checked out. I understand the City
, has already acquired Dne piece of property in this area
for delinquent taxes. It is not an attractive area at
present, an 80 unit facility here properly designed arid
landscaped would do a lot to upgrading of the area. It
would be also a plus for business in the Navarre center .
It would also add population to area without increasing
traffic on Highways 15 and 19 , as the majority of residents
in the facility would be utilizing public transportation.
I would be happy to discuss the project with you or members
of the Council, and I would appreciate your making this �
communication available to all Council members.
� �
Respectfully st�� .� �e�d,
�� � �i
`�(. (,� �(��'�� ,�(� �
s Howard tiJ. M a her
/ / 9 �
(
' ,'REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 43
John Gerhardson, Public Works Coordinator, DISPOSAL OF CITY
prepared a memo concerning the disposal of City BUILDING*
property, dated June 13 , 1980 , which states :
The City of Orono does have a shed type building
8 ' X 13 ' . The building is a wood frame structure
and is located at the Orono sewage treatment plant.
The building is located in the area of the new
pumping station and the Metro Waste Commission is
requesting that we move it.
The building has been vacant for several years and
to move the building to a location for possible use
by us would be cbst prohibitive.
To dispose of the building by demolition would be
cost prohibitive.
Therefore , it is my recommendation to sell the build-
ing by publishing a notice in the legal section of the
Sun Newspapers and accepting sealed bids.
With your approval, I will proceed with the proper
procedure to accomplish this.
Council Meeting - June 30 , 1980
Hurr moved, Paurus seconded, to approve the advertising
for sealed bids for the sale of the City owned 8 ' X 13 '
building, per the above memo. Motion, Ayes (4) -
Nays (0) .
John Gerhardson, Public Works Coordinator , prepared LEASE AGREEMENT*
a memo concerning a lease agreement between the Golf Course
City of Orono and Mr. & Mrs. Douglas Erickson, Douglas Erickson
dated June 19 , 1980 , which states:
Mr . Douglas Erickson and his wife Sally will be
living in the upstairs living quarters at the Orono
Golf Course Clubhouse from May 27 , 1980 to June 21,
1980 .
Mr. Erickson agrees to enter into the lease agreement
and make certain minor repairs to the living quarters.
This agreement has been reviewed by the City Attorney.
Council Meeting - June 30 , 1980
Hurr moved, Paurus seconded, to approve the lease
agreement between the City of Orono and Mr . & Mrs.
Douglas Erickson, per the above memo. Motion, �
Ayes (4) - Nays (0) .
� � � ' .
' REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 44
Joan Lattin, Deputy Treasurer , prepared a memo NAVARRE WATER DEBT
concerning the Navarre water improvement cash flow, FUND STATUS*
dated June 27, 1980 , which states:
Please find attached a copy of the Navarre Water
Improvement Cash Flow prepared by Phil Chenoweth
of Ehlers & Associates. (Copy in City office file)
It is noted in the cover letter , that the funds show
a short fall of $33 , 507, also shown on Exhibit 3 of
the printout.
It is recommended that we levy $4 , 000 per year on
the General Taxes to offset the short fall, for seven
years the life of the bond� We will be doing a
cash flow on the other bond issues before the City
Budget for 1981 is finalized and with the Debt Service
Credits, we may be able to offset part of the short fall .
Council Meeting - June 30 , 1980
Hurr moved, Paurus seconded, to approve the above
memo concerning the Navarre Water Improvement Cash
Flow. Motion, Ayes (4) - Nays (0) .
John Gerhardson, Public Works Coordinator , prepared ORONO ORCHARD ROAD*
a memo concerning weight restrictions on Orono Weight Restriction
Orchard Road, dated June 19 , 1980 , which states:
On June 18 , 1980 , Johnson Brothers Construction
Company completed the bituminous overlay on Orono
Orchard Road. They are requesting that the road
be restricted for axle weight for approximately
one week.
Therefore, the Public Works Department will post
the road five ton axle weight effective June 19 ,
1980 .
Council Meeting - June 30 , 1980
Hurr moved, Paurus seconded, to approve the five
ton axle weight restriction on Orono Orchard Road
for approximately one week, effective June 19 , 1980 .
Motion, Ayes (4) - Nays (0) .
, '
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 45
John Gerhardson, Public Works Coordinator , prepared CHEMICAL TOILETS*
a memo concerning chemical toilets at Hackberry Hackberry Park
Park, dated June 20 , 1980 , which states:
The activity at Hackberry Park has increased to the
point that chemical toilets are needed.
Park Commission Chairman Lee Tomlinson and I have
received complaints from the residents in the area
that are being asked by users of the park to use
their bathrooms in their homes.
To place chemical toilets in the park without
screening, would take away drastically from the beauty
of the area.
The screening that is proposed will be constructed of
redwood material .
The cost of screening material $468 . 50
Chemical toilet per month $65 X 2 130 .00
Pickup and delivery charge 26 . 00
Total $624 . 50
I would recommend to start using the chemical toilets
�uly first and to have them removed October first for
this year.
If we are to use them every year, I recommend they be
placed on the first of May of each year.
This is not a budgeted item. This expenditure will
require a special appropriation.
Council Meeting - June 30 , 1980
Hurr moved, Paurus seconded, to approve the expenditure
of $624 . 50 to install and screen chemical toilets at
Hackberry Park. Motion, Ayes (4) - Nays (0) .
Hurr moved, Paurus seconded, to approve the employment EMPLOYMENT*
of Terry Mahoney at the Orono Liquor Store at a rate Terry Mahoney
of $3 . 50 per hour, effective June 12, 1980 . Motion,
Ayes (4) - Nays (0 ) .
Hurr moved, Paurus seconded, to approve the HIGHWAY #51*
letter to Mr. Dave Swanson, Chief Right-of-Way Right-of-Way
Agent, Hennepin County Public Works Department;
concerning CSAHighway #51, dated June 17, 1980 .
Motion, Ayes (4) - Nays (0) .
Letter - Pages 46 & 47
, Page 46
� � ' r Telephone 473-73�7
� ' . .
� '
C I'T'�' of O��I�TO
Yost Uffice Box 66•Crystal Bay, Minnesota 55323•Municipal Offices
� .I�F �/
eJ� On the North Shore of Lake Minnetonka
- ���� ►;��c -
� .
June 17, 1980
Mr. Dave Swanson
Chief Right-of-way Agent
Hennepin County
320 Washington Avenue South
Hopkins, Minnesota 55343
Re: CSA Highway #51
Dear Dave:
Mr. Bruce Malkerson, Orono City Attorney, has reported to me
that he informed you on June 16 , 1980 , by phone, that the
City of Orono is not interested in accepting from Hennepin
County that portion of old CSAH #51 in Section 8 , Township 117 ,
Range 23 , which used to be part of the roadway crossing the
Hendrickson channel connecting North Arm and Crystal Bay. The
City of Orono does not want the road for several reasons, among
which are:
l. The roadway is not built nor has it been maintained to
City standards.
2 . The roadway has never been nor is it now, part of the City ' s
street system or extension, thereof.
3 . The roadway is not part of Orono ' s proposed street system
as set forth and required in Orono ' s Comprehensive Land
Use Plan pursuant to State statutes.
4 . The City never accepts for public purposes streets of this
nature.
5. A copy of my letter to property owners requesting their
participation was not acted on by the residents nor was
the resolution passed by Hennepin County accepted by the
City of Orono, which was communicated to Mr. Bennyhoff
in 1976 .
' ' Page 47
Mr. Dave Swanson
June 17, 1980
Page 2
I suggest that Hennepin County make arrangements to transfer
the ownership of the roadway as a private roadway directly to
the residents who use it, if this is their wish. The roadway
surface is not in any condition to meet acceptable standards
and has not been maintained by anyone to my knowledge for
� twenty years:
If you need any other information, please notify me.
Sincerely,
L� C���� �.���—�
Walter . Benson
City inistrator
cc . Stanley E. Bennyhoff
Charles R. Carl
�
I Y
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 48
Hurr moved, Paurus seconded, to approve the r�erit MERIT INCREASE*
increase for Robert Fischer, Police Officer, to Robert Fischer
$1 , 528 .66 per month, effective July 3 , 1980 .
Motion, Ayes (4) - Nays (0) .
Hurr moved, Paurus seconded, to approve the amend- AMENDMENT*
ment to the Suburban Police Recruitment System. Suburban Police
Motion, Ayes (4 ) - Nays (0) . Recruitment System
Hurr moved, Paurus seconded, to approve the SALARY ADJUSTMENTS*
following salary increases, effective July 1 ,
1980 :
Alberta Strom - $1 , 274 . 15 per month
Ron Steffenhagen - $1 , 503 .06 per month
Sandi Woytcke - $5. 00 per hour
Frank Mross - $6 . 74 . per hour
Jack Brinkhause - $1, 714 . 46 per month
Tom Kuehn - $25, 212 .00 per year
Motion, Ayes (4) - Nays (0) .
Hurr moved, Paurus seconded, to approve the WEST HENNEPIN
Spring Park Resolution 80-18 , To Notify The ASSESSMENT DISTRICT
West Hennepin Assessment District Of Intent Spring Park
To Withdraw From District. Motion, Ayes (4) -
Nays (0) .
Mayor Van Nest requested staff to investigate
the costs of going to the County for assessing
for the City of Orono and to the costs of the
District without Spring Park.
Hurr moved, Butler seconded, to appoint Gregg COUNCIL APPOINTMENT
Hannah as the new Councilman to replace Walter Gregg Hannah
B. Massengale , who recently resigned. Motion,
Ayes (4) - Nays (0) .
Mayor Van Nest announced that the ribbon cutting RIBBON CUTTING
ceremony will be held Thursday, July 17 , 1980 CEREMONY
at 9 :00 A. M. at the north end of the new McCulley Road
McCulley Road.
Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1160
Resolution #1160 , A Resolution Supporting The City Support Excelsior
Of Excelsior In Identifying Public Need For Railroad Line
Chicago And Northwestern Railroad Right-Of-Way
In The City Of Excelsior . Motion, Ayes (4) - '
Nays (0) .
Y
� r
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 49
Dick Benson, City Administrator, prepared a memo TOWN MEETINGS
concerning future town meetings, dated June 27 ,
1980 , which states:
Bill Humphrey, Mayor of Wayzata, called and
supported the idea of future Town Meetings,
particularly including school districts. He _
is going to discuss this with his Council and get
back to me Tuesday.
I recommend a meeting be arranged in July with
participating Mayors to discuss the matter
further.
Council Meeting - June 30 , 1980
Mayor Van Nest moved, Paurus seconded, to arrange
future Town Meetings and to include the School
Districts. Motion, Ayes (4) - Nays (0) .
Alan Olson, City Planner, prepared a memo CRYSTAL BAY POST
regarding space analysis for the post office OFFICE
building dated June 19, 1980 , which states:
In February, 1980 , a major space analysis was
undertaken for all of the various administrative
buildings, resulting in two recommended alternatives
for better space utilization.
Some of the moves have been done, especially in
consolidation of the Public Works Coordinator and
his secretary into the main administrative building.
The major deficiencies remaining are a general lack
of efficient space (poor circulation and crowding)
and a total lack of any usable conf erence room.
These continuing problems, plus a renewed interest
in retaining some post office functions, has lead to
a new look at the post office building.
Assuming the post office were to retain about 200 sq. ft.
for a small station, the remainder of the building
could be occupied by a City department. With about
700 usable sq. ft. inside, this means about 500 sq. ft.
would be available for City use . This can accommodate
no more than three persons given the existing entry,
toilet and mechanical spaces.
The best use of this space is for the assessing district.
They fit in the area and are the most autonomous depart-
ment. Building and zoning would fit in the post office
building nicely by ourselves, but not together with
any post office space. ,
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 50
I recommend that if some post office function is to CRYSTAL BAY POST
be retained, that it stay in the post office building, OFFICE
that assessing move into the post office building,
that the current Building and Zoning, Public Works,
Administration and Finance departments use the space
in the administration building, and that the Police
department remain where they are now. _
None of these changes produce efficient space ,
utilization because of the small room sizes and
resulting inefficient excessive circulation patterns.
They do, however , improve the existing situation
and are acceptable interim solutions until a final
consolidated office facility can be developed.
Dick Benson, City Administrator , sent the following
letter to Gene H. Kreienbrink, Postmaster, United
States Post Office , dated June 25, 1980 , which states:
"Mayor Van Nest and I appreciated meeting with Mr.
Schufman, you, and your staff to review the postal
delivery system in the Orono area.
"As we discussed Monday morning, the City of Orono
is interested in continuing the present Crystal Bay
Post Office box service until arrangements can be
made to improve all of the existing Orono postal
service that is provided by rural delivery, City
delivery, and lock boxes . The present system does
impose a safety, health, and welfare hardship that
will be documented further.
"In the interim, the City of Orono is interested in
providing up to 250 square feet which, we understand,
is adeguate to continue the present operation.
"I understand that your real estate division will be
notified by you and Mr. Schufman and procedures will be
implemented to negotiate this proposal.
"If you have any questions, please feel free to call me
at my office, 473-7358 . "
End of letter
Councilmember Butler and City Administrator Benson, CABLE TV LETTER
Orono ' s representatives on the Needs Assessment
Committee for Cable TV, prepared the attached letter
to be sent to all community leaders, orgainzations,
agencies, etc . for their response and recommendations.
Letter - Pages 51 & 52
, Page 51
, ` � Telephone 473•7357
_ `�
:���'` CIT�' of O�i01�0
� Yost Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices
�v`i�
�; On the North Shore of Lake Minnetonka
�-).%����r�_ - .
To Our Community Leaders:
The Cities of Long Lake, Minnetonka Beach, and Orono are
proposing to institute Cable Television in each designated
area. The three cities, through an appointed committee,
are working together and are interested in your views of
Cable TV. This letter and your reply represents our Community
Needs Assessment, which is a requirement of state law.
"While the state provides the legal basis, a state citizen
Board and a staff of state employees to give assistance, local
governments and citizens are charged with responsibilities
and granted rights to provide on their own initiatives. "
"As a preparation for a local government ` s becoming a franchising
authority, the state cable rules require that it compile a
Needs Assessment Report on cable communications, or the local
authority may appoint a group of two or more individuals to
compile the report. The rules state that the group making the
report shall inform itself about cable communications through
at least a review of the published information, state and
federal statutes, fules and regulations, and the experiences
of other municipalities that have studied cable communications. "
"Municipalities (Franchising) authorities and their advisory
bodies should give careful attention to the possibilities of ,
requiring that access channels and equipment be made readily
available by the cable company for public , educational, govern-
mental and leased use . " ("Cable Communications and Local Self-
determination" , "Cable and Minnesota Communities") .
The City Council of Orono is most interested in your thoughts
on Cable TV, and your assistance in determining our community
needs regarding Cable TV would be appreciated. We respectfully
request your reply to us no later than July 23 , 1980 .
` � Page 52
To Our Community Leaders
Page 2 _ '
Should you desire further information or have additional
questions, please contact either one of Orono ' s representatives
on the Needs Assessment Committee, Dick Benson, City Adminis-
trator, 473-7358 or Mary Butler, City Councilmember 471-9796 .
If you have technica� questions of a general nature , you may
wish to talk to Ms. Vicky Long, staff inember of the Minnesota
Cable Communications Board, 296-2545 .
Thank you for your help.
- Sincerely,
�'
�; �,,,�����
Dick Benson
�� �-����
�
Mary Butler
Enclosure
� .
R�,GULAR MEETING OF THE ORONO COUNCIL, JUNE 30 , 1980 Page 53
�
Hurr moved, Paurus seconded, that the All Funds BILLS*
Accounts and Liquor Stoxe Accounts, be paid.
Motion, Ayes (4) - Nays (0) .
Paurus moved, Butler seconded, that the meeting ADJOURNMENT
be adjourned at 12 :55 A. M. Motion, Ayes (4) -
Nays (0) .
n �v�^"�-
' William B. Van Nest, Mayor
� �
Attest:
� '
Walter R. enson, Ci inistrator
,