HomeMy WebLinkAbout07-14-1980 Council Minutes � ' :
CITY OF ORONO
Regular Meeting of the Orono Council , 7 :00 P .M.
July 14 , 1980
The Orono Council met on the above date with
the following members present: Mayor Van Nest,
Councilmembers Butler, Hurr, and Paurus.
Also present: City Administrator Bsnson, City
Planner Olson, Zoning Administrator Mabusth,
and City Attorney Malkerson.
Dick Benson, City Administrator, administered OATH OF OFFICE
the Oath of Office to Gregg S. Hannah, Council- Gregg S. Hannah
man, to fill the unexpired term of Walter B.
Massengale who resigned.
Butler moved, Hurr seconded, to remove item CONSENT AGENDA*
#26 from the Consent Agenda* . Motion, Ayes (5) -
Nays (0) .
Butler moved, Hurr seconded, to approve the
Consent Agenda* , subject to the removal of item
#26 , with all staff data and supportive information
to be included in the Minutes in the sequence they
occur . Motion, Ayes (5) - Nays (0) .
No comments from the Park Commission. PARK COMMISSION
Councilman Paurus reviewed the 1981 proposed Lake LMCD REPORT
Minnetonka Conservation District Budget.
No comments from the Planr�ing Commission. PLANNING COMMISSION
Alan Olson, City Planner , reviewed the letter COMPREHENSIVE PLAN
from Charles Weaver, Metropolitan Council Chair- LETTERS
�mand, dated July 3 , 1980 , concerning Orono' s
Comprehensive Plan.
Letter - Page 2
Alan Olson, City Planner , reviewed the letter
from Richard Dougherty, Metropolitan Waste Control
Commission ' s Chief Administrator, dated July 3 ,
1980 , concerning Orono ' s Comprehensive Plan. ,
Letter - Pages 3 & 4
. . , , Page 2
Metropolitan Councii
Qol�ta� � 300 Metro Squore Building
�p o� Seventh Street and Robert Street
,� Saint Paui, Minnesota 55101
� ����l w, Telephone (612) 291-6453
�` �1=`��-�r ,r"'
= ,� Office of the Chairman
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Mr . Walter R. Benson , City Administrator
City of Orono
P . O . Box 66
Crystal Bay , Minnesota
' RE : City of Oronb Comprehensive Plan
Metropolitan Council Referral File No . 8569- 1
Dear Mr. Benson :
The Metropolitan Council has received the City of Orono Comprefien -
sive Plan . According to statute (MSA 473 . 858) , the City must
circulate its draft comprehensive plan to adjacent governmental units
and affected school districts for review and comment at least six
months prior to submission of the plan to the Council . A review of
the transmittal letter from Mayor Van P�est shows that the plan was
circulated at the same time it was sent to the Metropolitan Council
on June 20 , 1980 , and that , therefore , the six month statutory review
requirement is not met . The Metropolitan Council review cannot be
commenced until comments from the affected governments are received or
the 6 month review period has expired .
I would suggest that the City contact the affected units of government
and request a written response either providing remarks on the plan or
indicating that the unit of government has reviewed the plan and has no
comments to make . The statute (MSA 473 . 858) also indicates that the
version of the plan submitted to the Metropolitan Council be sent to
affected units of government . If the plan has been amen�ed after circu-
lation to the affected units of government , the amendments should be
sent to them. If the plan is submitted to the Metropolitan Council
unchanged , then the affected units of government should be informed
by the City that this is the case .
As soon as the Metropolitan Council receives comments from the affected
units of government and an indication from the City that the affected
units of government have been apprised of any subsequent plan changes ,
the Metropolitan Council will commence its review of the plan .
We look forward to resolving this matter and beginning our review of
the Orono plan . If you have any questions about what the Council needs
in order to commence a review , please contact Paut Baltzersen at 291 -6321 .
Sincerely ,
METROPOLITAN COUNCI � , ' -
� i�%
Charles R. Weaver , Chairman
CRW/ rh
I ' I Page 3
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July 3, 1980
_ .OF,
. ORpNO
Mr. Charles Weaver, Chairman
P1etropolitan Council
; 300 Metro Square Building
I St. Paul , MN 55101
Subject: City of Orono Comprehensive Plan Review
� Dear Mr. Weaver:
, The t�letropolitan Waste Control Commission has reviewed the subject plan
against the requirements for a comprehensive sewer policy plan as out-
; lined in the Water Quality Management Policy Plan. The following
� comments and recommendations are offered 6y the Commission:
1) Figure No. 11 describes an area tFiat is defined by what is
referred to be the existing r1USA/MSSR line. This is not
correct even though the line as shown may be established as
the 1990 MUSA, the MSSR includes tfie entire community of
' Orono. Althougf� tF�e Orono-Long Lake Interceptor has limited
� capacity to provide sanitary sewer service to the City of Orono,
the downstream interceptors i�ave 6een designed with adequate
capacity to provide sanitary sewer service to the entire City.
2) Figure No. 13 shows the expected sanitary sewer improvements
within the City some (Areas 1, 2, and 3� of which are outside
of the proposed MUSA 6oundary. No sanitary sewer service
should be provided outside of tfie MUSA. Figure No. 12
sF�ows those areas of the Ci�ty tfiat are identified for an
� alternative waste management study. This study has a central
sewer system expressed as one of tfie alternatives. Since these
areas are either planned or 6eing considered for a central
sanitary sewer system, tf�ey should 6e included within the 1990
, MUSA.
3) The plan indicates that tFie City of Orono has intercommunity
� agreements with Minnetonka Beach, [dayzata, Long Lake and ��edina.
Tt is recommended that copies of tf�ese agreements be included
; � within the appendix of tf�is report.
� I 4) The plan indicates tF�at a future Maple Plain interceptor is no
4 longer considered to be a viable alternative, This is not true;
� I the MWCC 201 program recommends tf�at the Maple Plain treatment
; � ultimately be phased out via an 'interceptor to Long Lake and that
. , the existing treatment plant 6e expanded as an interim improvemen
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' h1r. Charl es �;caver, Chai i-i;,�n
t�etrcpolitan Council Page 4
July 3, 19�0
Page Two
It is requested that if a meeting is scheduled with the City of Orono
to discuss the sewer element of the comprehensive plan that the
Commission. be notified of the date, time and place.
Sincerely,
• � �
Ric ard J. ugherty
Chief Admini rator
RJD:DSB:hw
cc: Lowell Thompson, Metropolitan Councij
��la�ter R. Benson, Administrator, Orono
BJ
.-:.Gt���:R ;�::�TI;�G OF `I'1jE ORONO C�U;vCIL, JUL)' 1 � , 1 980 ?'�ce 5
. "
l:rlene ]io�pe , 1295 �,rbor Street, asl:ed �:hy Crystal PUBLIC CU:•:'�;�:;TS
Pay �oes not have a Qesi,r�at�d P�ry • Crystal Bay Park
'•:avor Van ?:est co:,Jnented that the ?•;innetonka Art
Center is a desianated park site for the Crystal
Bay neighborhood. lrirs . Hoppe 4:as asked if she would
_ � ike to att�nd a Park Corunission me.eting to discuss
her concerns with th�m.
?�;avor Van t:est moved , Hurr seconded, to table the SUBDIVISION
reounst for a subdivision of Hussman Investment Hussman Znves�ment
oer the applicant ' s request. ?�;�tion , �:yes (4 ) - T477
?:��.s (0) . , ,
Butler mov�d, Hurr seconded, to adopt Resolution RESOLU'I'ION T1161*
11161 , A R�solution Reaarding lne Nurr�ber Of Slips Gayles T,arina
Licensed At Gayles ?✓,�rina In 1980 . ?�9otion,
Ayes (5) - Nays (0 ) .
Butler moved, Ha*�nah seconded, to adopt Resolution RESOLUTION T1162
=1162 , A Resolution �pproving �ot Area , Lot ti�,idth 110 Orono Orcnard R
�:nd Setback Variances For Steven Curren, 110 Orono ,'-- 533
Orc�,ard Road. ?•;otion, Ayes (5) - Nays (0 ) . Steven Curren
Mayor Van Nest moved, Hurr seconded, to table the BUILDING PERMIT
request for a building permit for Richard Hawkinson, 4625 W. Branch Road
4625 West Branch Road, per the applicant ' s request. #556
Motion, Ayes (5) - Nays (0) . Richard Hawkinson
Paurus moved, Butler seconded, to adopt Resolution RESOLUTION $1163
n1163 ,, A Resolution Approving A Side Yard Variance 3215 Crystal Bay Ro
For Steven Haverberg For A Screened Porch Constructed n566
h'ithout A Building Permit And The Required Zoning Steven Haverberg
Review, at 3215 Crystal Bay Road. Motion, Ayes (5) -
I�ays (0) .
Jeanne Mabusth, Zoning Administrator, reviewed the CONDITIONAI, USE PER
letter from Mr. & Nlrs . Mortenson concerning a 1205 Arbor Street
conditional use permit for 1205 Arbor Street, n560
dated July 7, 1980 , which states: Robert Mortenson
"At your meeting of June 30 , 1980 , you tabled the
request for a special use permit for the property
at 1205 Arbor Street until further information. could
be gathered for your decision.
"We felt it would be appropriate to address some of,
. the concerns raised by the Council at that meeting.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 14 , 1980 Page 6
"Questions have been raised about the size of the CONDITIONAL USE PERMI
greenhouse being proposed. We have proposed a 52 . 5 ft.
by 48 ft. greenhouse and a future addition to its 1205 Arbor Street
north side for a garage , storage and non-growing (Continued)
activities. The greenhouse itself would be divided
into three separate growing areas, each with different
climatic conditions. We are concerned that there may
be some confusion about the size and the implication
which size may have on traffic . We currently have
approximately 600 square feet of growing area. The
arrangement is very crowded and layered four tiers in
some areas. One of the reasons for a larger facility
is to avoid having plants over other plants. Good
light and air circulation are very im�ortant and our
current conditions have passed a critical point. The
proposed area would provide approximately four times
as much growing area as we now have . During the
first six months of this year , we have had 98 sales
in 182 days or approximately one sale every other day.
If four times as much growing area translated into
four times as many sales, that would still only produce
two sales per day.
"We would also like to clarify our method of doing
business :
By appointment: We have come to the conclusion that
having regular business hours would be a waste of our
time. We do intend to have two to four open houses
each year to accommodate those who choose not to make
an appointment. We would have no objection to the
Council stipulating such a method as a condition of
granting the special use permit.
Wholesale vs. retail : We have sold to several retail
establishments on a wholesale basis. Orchids have
generally proven to be an unsatisfactory prod�ct for
these vendors. We do not believe that a whole sale
business is viable and, in any event, we do not believe .
it would change the traffic density of our proposed use .
Product: Orchids are our primary interest. The only
other type of plants which we have carried for sale are
bromiliads, some tropical ferns and a few other exotic
plants which are compatible with orchids. We have not
sold more than 50 of these combined gernea in over two
years.
"We believe that this business is compatible with a
residential neighborhood. Unreasonable traffic levels
are unlikely. We intend to provide off-street parking
and comply with screening ordinances. We would intend
to provide natural screening where practical. We ,
recognize a responsibility to maintain the quality of
the neighborhood. We would also like to point out that
this location is only one block from County Road 146
using Lakeview Avenue, which is the most convenient
access to the property.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 14 , 1980 Page 7
"We appreciate your concern over the fact that we CONDITIONAL USE
will be making a significant investment in the pursuit PERMIT
of this endeavor. We would like to point out that the 1205 Arbor Street
greenhouse proposed is a modular structure and can (Continued)
be dismantled. It is not our intent to create a
saleable commercial venture and we would not object
to a- conditional use premit which expires when the
property is sold. We have no objections to any of
the conditions contained in the Planning Commission
resolution.
"We respectfully request that you act favorably
on our request for this conditional use permit. "
End of le�ter .
Council Meeting - July 14 , 1980
Mayor Van Nest: The City ' s concerns are many when
considering the development of commercial uses in a
residential area. The streets in this area will
not accommodate future commercial uses and the proposed
structure will have an adverse effect on property
values. This is not compatible with the existing
neighborhood.
Mr. Mortenson: We will abide with restrictions the
City might impose.
Mayor Van Nest maved, Butler seconded, to give
conceptual appro�al of a resolution denying conditional "-
use permit as am�nded outlining the City' s concerns -
with generation of commercial traffic in a residential
area, inadequate streets and parking, diminution of
property values affected by commercial uses in a
residential area, general public safety concerns.
Resolution to be submitted for Council approval at their
July 28 , 1980 Council meeting. Motion, Ayes (5) -
Nays (0) .
Michael Gaffron, On-Site Systems Manager, prepared WEST LAKE STREET
a memo on the West Lake Street/Bayside Road Septic BAYSIDE ROAD SEPTIC
System Conditions, dated 3une 6 , 1980 , which states: pROBLEMS
The attached map indicates the conditions of existing
septic systems in the West Lake Street Area. Nineteen
parcels have existing residences, of these 19 :
- 3 have made major repairs to their systems in the
last two years
- 1 is a cabin with no septic system or plumbing
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 14 , 1980 Page 8
- 4 are on lots of 1/4 acre or less WEST LAKE STREET
BAYSIDE ROAD SEPTIC
- 3 and possibly 4 have septic systems which are PROBLEMS
non-conforming by Shoreland Management standards, (Continued)
i.e. drainfields are too near the lake or the water
table
- 1 has a defined existing problem and had plans for
replacing the system.
Lot sizes range from 0 . 20 to 1 . 70 acres, with an
average of 0 . 65 acres +. Virtually none of the 19
lots meet the two-acre zoning requirements, nor do
any vacant lots in the immediate area.
The area ' s residents have apparently indicated a
willingness to take care of their visible or odorous
sewage problems. However , at least three have lots
which are not readily conducive to supporting an on-site
treatment system and by today ' s standards would never
have been allowed to install one. Of these three,
two are hopeless situations for which only a holding
tank solution is possible - 3845 and 3855 Bayside
Road. Although, the treatment systems do not create
major noticeable odor or surfacing problems, the
drainfield and tanks are within 75 ' of the lake and
definitely in or below the water table . The third
lot in question is Leo Levens ' 1 . 7 acre parcel with
approximately 700 ' of lakeshore . The lot contains
a main house, two rental cabins within 75 ' of the lake,
and a storage shed. The drainfield for the three
dwellings is almost totally within 75 ' of the lake and
in or within a foot of the water table . The drainfield
was bleeding out in 1978 , but Mr. Levens added fill
over it to stop the seepage . However, he wishes now to
add another drainfield line (which in itself would be
non-conforming) to act as an overflow to the existing �
drainfield. The existing system does not conform to
Orono Code even though a previous building inspector
allowed it to be installed. A brief history of the
system from our files:
1967 proposed division - never completed
1969 complaints on septic system - seepage
1970 repairs to septic system
1978 septic system again draining out
1979 added fill over drainfield
1980 wants to add more drainfield - all of which would
not conform to present standards
• (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 14 , 1980 Page 9
Mr. Levens ' position is that he would not want to WEST LAKE STREET
spend a large amount of money for a "permanent" septic BAYSIDE ROAD
system if sewer is coming in a few years, which is (Continued)
understandable . However, at this point, we do not
have plans for sewer but his area has been under
study, with a building/land use moratorium currently
in effect. _
Due to the existing non-conforming use of the Levens '
property, allowing repairs to the septic system might
in effect, be promoting continuance of the non-conforming
use . If the system is not repaired, it will remain
non-conforming and continue to suffer intermittent
£ailure as well as being a continuing pollution hazard.
If the system is repaired following all Code standards,
there will be major expenses for the property owner
due to the need for pumping regardless of whether
the cabins remain or not. If the system is repaired
under relaxed code standards with the assumption that
sewer might be coming in a few years, and it does not,
then we have not accomplished anything.
With the current Council policy of dealing with these
non-conforming rental units as problems arise ,
staff would like some recommendation as to the degree
of repairs to be allowed or required for the Levens'
property and/or continued use of the cabins. In
addition, should we require owners of other obviously �
non-conforming septic systems in the area to find
alternate methods (holding tanks, etc. ) of the
treating their sewage? Should we send questionnaires
to find out the neighborhood' s general attitude
on sewer in the area?
In other areas of the City, certain properties on
lakeshore lots have obviously non-conforming septic
systems, i.e. within 75 ' of the lake and/or within '
three feet of the water table. Should we enforce a
policy of bringing these systems into full compliance
even though they are not "visibly failing"?
Council Meeting - July 14 , 1980
Mayor Van Nest commented that each on-site disposal
system should comply with today' s standards or be
substituted with a holding tank.
The City of Orono should not allow a few failing
systems dictate municipal sewering of a total area.
If the systems cannot function in the general area,
we shall then review the need to provide improvements
for these systems.
REGULAR MEETING OF THE ORONO COUNCIL, JULY 14 , 1980 Page 10
Glenn Cook, City Engineer, reviewed his letter OPEN SPACE POLICY
of July 11, 1980 concerning Recreation Open Space PLAN
Development Guide Policy Plan with the City Council.
Letter - Page 11
Glenn Cook, City Engineer, reviewed the twenty- TRAFFIC COUNTS
four hour traffic counts on McCulley Road, as of McCulley Road
July 7, 1980 , as follows:
6-19 -- 6-20 2088
6-26 - 6-27 2117
6-30 - 7-1 2204
7-1 �- 7-2 2383
7-2 - 7-3 2152
Glenn Cook, City Engineer, informed the City MC CULLEY ROAD
Council that McCulley Road is complete except COMPLETION
for minor cleanup. Buffalo bituminous expects
to have all work done by July 17, 1980 .
The City is retaining $27 , 443 . 90 until all work
is complete and $42 , 600 in liquidated damages.
Glenn Cook, City Engineer, reviewed his letter PAYMENT #6
concerning payment #6 for the McCulley Road, Buffalo Bituminous
dated June 30 , 1980 , which states: McCulley Road
"The construction on McCulley Road as been
satisfactorily completed except for minor cleanup.
The July estimate will be the final contract payment
on the project with liquidated damages being the only
major item remaining to be settled.
"Payment request No. 6 reduced the retainage withheld
on the project from ten percent to five percent as
all major construction items were completed at the
time the estimate �as processed.
"The City' s final position on liquidated damages
should be resolved at an early time to allow final
payment to the contractor on the project. "
End of letter
Michael Gaffron, On-Site Systems Manager, reviewed 80-1 & 80-2 SEWER
with the City Council the following memo, dated PROJECTS
July 11, 1980 :
A number of properties within the boundaries of the
proposed 80-1 and 80-2 projects require some decisions
by Council and/or staff as to whether they will receive
one or more sewer units or will be excluded entirely.
Below I have listed briefly each specific situation
with a description of what determinations must be made :
(Continued, Page 12
Page 11
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Ju1�1 11� 17�0 C/tar/[t A.Erlckson
L�o M. Pawc/sky
Harlan M.Olxon
Darld E. Otson
City of Orono
Box 66
Crystal Bay, Minnesota 55323
Attn: Mr. Richard Benson
Re: Recreation Open Space Development
Guide Policy Plan
Our File ��139
Dear Dick:
The Open Space Development Guide Policy Plan is a result of the 1974 Parks Act
which provides that the Metropolitan Council plan the regional park system.
Development of the park system is to be carried out in conjunction with local
plans and desires.
The three proposed regional park facilities which may have the greatest impact
on the City of Orono are as listed below:
Area(Acres) Use Proposed Expenditures
��42 Lake Minnetonka (PR) 250P Boat,fish,h�lce,etc. $5,000,000
�53 Norenberg Gardens (SO) 74E Interpretive Fac. 1,600,000
��54 Lake Minnetonka (SO) lE Boat Launch 600,000
The Lake Minnetonka Park Reserve is proposed to be developed on the southwest
corner of Lake Minnetonka in the yincinit.y of Minnetrista. The park would be
developed as an "area of natural or ornamental quality for nature oriented out-
door recreation such as picknicking, boating, fishing, swi�ning, camping and trail
uses". The land acquisition for the park is proposed to take place prior to 1985.
Norenberg Gardens will remain an interpretive facility. The expenditure of funds
proposed for this facility is not defined as it is programed beyond the 1985 time
frame.
The Lake Minnetonka access is at Grays Bay Causeway presently being developed as
a public access by the Cities of Minnetonka and Wayzata. The expenditure of
funds on this project in 1980 is for development of facilities for the public
access.
If you have any questions, please contact this office.
Very truly yours, �
BON TR00, ROSENE, ANDERLIK & ASSOCIATES, INC.
_,�� � �� .
�Glenn R. Cook
GRC/jo
REGULAR MEETING OF THE ORONO COUNCIL, JULY 14 , 1980 Page 12
l . Thomas Carpenter - 480 Russell Avenue 80-1 & 80-2 SEWERS
1 . 80± acre lot according to plat maps. (Continued)
Originally, we determined a unit was optional .
Owner has indicated he would like either two
units or to be excluded from the project. He
has adequate room for future drainfield. Giving
him two units would allow for future division �
into two 0 . 90 acre ± parcels in a two-acre zone.
I recommend no units, with owner understanding
he will never be able to connect to sewer.
2 . Edward Hamm - 1230 Dickenson Street
0 . 97 acre lot. Ow�er has indicated he would like
one unit to serve this property. Project plans
at this point include stub to serve property .
I recommend allowing one unit.
3 . Edward Hamm - 480 Orono Orchard Road (Caretaker House)
Owner indicated he would like this property to be
excluded from project since it is combined with
15 acre � parcel to the north. I recommend
excluding this property from the project.
4 . Sears Imported Auto - Keene Avenue
0 . 52 acre lot: (three combined lots) - no house on
lot. Owner has requested one sewer unit to make
this a buildable lot. I recommend this be referred
to the Planning Commission for review to determine
buildability and/or whether stub should be allowed,
based on restrictions set forth in the Orono Zoning
Regulations 31 .201 - 31. 203 , (lots of record not
meeting zoning regulations) .
5. Cedric Dettloff - 1255 Dickenson Street
Currently has main house and small rental house on
0 . 31 acre lot. Owner indicates he would remove
plumbing in rental unit and use as storage area,
thereby requiring only one sewer unit. I recommend
we go with one unit and require second building
to have plumbing removed.
6 . Leonard D. MacKinnon - 559 Russell Avenue
Currently has main house and rental house on 0 . 43
acre lot. Owner has not indicated a preference for
either one or two units. I recommend we assess
two units to the property.
' (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 14 , 1980 Page 13
7 . Andrew Goetten - 1385 Fox Street 80-i & 80-2 SEWERS
(Continued)
3 .60 acres. Owner has indicated he would opt for
one unit to serve existing house, with any future
division to be under two-acre unsewered zoning
regulations. I recommend this be allowed.
8 . Douglas Skarp - West Ferndale Road
Three acre lot with 0 . 6 acre± dry. No house on lot.
Owner has requested a sewer unit for the property.
If sewer unit were allowed, buildable lot area
would be governed under Orono Zoning Code 31.841
(wetlands credit) . I recommend this be referred
to the Planning Commissiori for review.
9 . Marinas - windward Marine & Minnetonka Boat Works
Preliminary staff recommendation was one unit for
marina buildings and one unit for pumpout, i.e . two
units for Windward Marine, two units for Minnetonka
Boat Works, and one unit each for the three residences
adjacent, for a total of seven units . However, SAC
charges for commercial properties are based on
274 gallons per day per SAC unit. I recommend staff
investigate further to determine whether the proposed
assessment distribution is equitable.
10 . David Duff - 1420 Shoreline Drive
2 .90 acre lot. Owner has not indicated preference
for inclusion or exclusion from the project. I
recommend that the Duff property be excluded from
the project.
11. William or Stanley Gregory - 1410 Shoreline Drive
Nine acres ±. This property will not be included in
the project.
12 . Nature Conservancy holds title deed to this tri-
angular parcel southeast of intersectidn of County
Roa� 15 and West Ferndale Road. This parcel has
one- acre of dry buildable land, but has title
restrictions which prohibit development of the
property. I recommend that the City Attorney
review these restrictions and that no units be
assessed.
13 . Marie H. Hamm - Orono Lane
1. 1 acre lot appears nearly all dry buildable.
While not located in a choice location, this lot
would probably be buildable if sewer were availabie .
The owner has not indicated a preference to be included
or excluded from the project. I recommend that this
be referred to the Planning Commission for review.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 14 , 1980 Page 14
14 . George Rector - 2655 North Shore Drive 80-1 & 80-2 SEWERS
(Continued)
Lot contains a small studio/guest cottage with
plumbing that has not been rented previously,
and owner indicated it will not be rented. I
recommend that a single unit be assessed with
the stipulation that the cottage may not be
rented out.
Council Meeting - July 14 , 1980
Mayor Van Nest requested the City Council to act on
each specific situation separately as a resolution
for each to be executed by the individ�al property
owner and reaffirm at our July 28 , �1980 Council
meeting.
Butler moved, Hurr seconded, to draft a resolution THOMAS CARPENTER
to exclude the Thomas Carpenter property, 480 Russell 480 Russell Avenue
Avenue , from the proposed sewer project. Motion,
Ayes (5) - Nays (0) .
Butler moved, Paurus seconded, to draft a resolution EDWARD HAMM
that only one unit be assessed for the Edward Hamm 1230 Dickenson Street
property, 1230 Dickenson Street. Motion, Ayes (5) -
Nays (0) .
Hurr moved, Butler seconded, to draft a resolution EDWARD HAMM
to exclude from the proposed sewer project the 480 Orono Orchard Road
property of Edward Hamm, 480 Orono Orchard Road.
Motion, Ayes (5) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to draft a SEARS IMPORTED AUTO
� resolution stating that the owner, Sears Imported Keene Avenue
Auto, Keene Avenue , combine his three lots to allow
one unit. Motion, Ayes (5) - Nays (0) .
Mayor Van Nest moved, Hurr seconded, to draft a � CEDRIC DETTLOFF
resolution stating that the owner , Cedric Dettloff, 1255 Dickenson Street
1255 Dickenson Street, remove the plumbing from his
rental unit, which will be used as a storage building.
One unit to be assessed for main house. Motion,
Ayes (5) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to draft a LEONARD D. MAC KINNON
resolution that if the owner ' s preference is one� 559 Russell Avenue
assessed unit, then rental unit is to be discontinued
and plumbing removed. One unit to be assessed for
main house, Leonard D. MacKinnon, 559 Russell Avenue .'
Motion, Ayes (5) - Nays (0) .
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 14 , 1980 Page 15
Mayor Van Nest moved, Hannah seconded, to draft ANDREW GOETTEN
a resolution tor the Andrew Goetten property , 13$5 13$5 r'ox Street
Fox Street, stating that one unit to be assessed as
one unit for existing home; existing unit shall not
be located on less than one acre parcel . Any future
created parcels will meet two-acre unsewered zoning
regulations. Motion, Ayes (5) - Nays (0) .
Paurus moved, Butler seconded, to draft a resolution DOUGLAS SKARP
for the Douglas Skarp property, West Ferndale Road, West Ferndale Road
that one unit be assessed. Motion, Ayes (5) - Nays (0) .
Staff was requested to investigate the assessment WINDWARD MARINE
distribution for the Windward Marine and Minnetonka MINNETONKA BOAT WORKS
Boat Works Marinas.
Mayor Van Nest moved, Paurus seconded, to draft a DAVID DUFF
resolution that the property of David Duff, 1420 1420 Shoreline Drive
Shoreline Drive, be excluded from the proposed
sewer project. Motion, Ayes (5) - Nays (0) .
Mayor Van Nest moved, Hannah seconded, to draft a WILLIAM/STANLEY GREGORY
resolution that the property of William or Stanley 1410 Shoreline Drive
Gregory, 1410 Shoreline Drive , be excluded from the
proposed sewer project. Motion, Ayes (5) - Nays (0) .
Mayor Van Nest moved, Hannah seconded, to draft a NATURE CONSERVANCY
resolution that the property for the Nature
Conservancy be excluded from the proposed sewer
project. Motion, Ayes (5) - Nays (0 ) .
� Mayor Van Nest moved, Butler seconded, to draft a MARIE H. HAMM
resolution that the property of Marie H. Hamm, Orono Lane
Orono Lane , be assessed one unit. Motion, Ayes (5) -
Nays (0) .
Mayor Van Nest moved, Hannah seconded, to draft a GEORGE RECTOR
resolution for the property of George Rector, 2655 2655 North Shore Drive
North Shore Drive , be assessed one unit. Guest cottage
to be used as an accessory structure only and not as a
rental unit. Restrictions to be entered in chain of
title. Motion, Ayes (5) - Nays (0) .
REGULAR MEETING OF THE ORONO COUNCIL, JULY 14 , 1980 Page 16
Glenn Cook, City Engineer, informed the City Council TRAFFIC SIGNAL
that all of the properties affected by the traffic Right-Of-Way Acquisiti
signal at Highway #12 and the Old Crystal Bay Road
construction area are being reviewed for right-of-way
purchase.
Glenn Cook, City Engineer, will have a report on the ORONO INDUSTRIAL
Orono Industrial Area Water feasibility study for WATER FEASIBILITY
the meeting of July 28 , 1980 .
Mayor Van Nest commented that the Postal Department CRYSTAL BAY POST OFFIC:
was notified of Orono ' s interest in providing suitable
space for the Crystal Bay Post Office and that the
City has not had a reply to date.
The following letter was received from Robert D. CABLE TV REPORT
Snyder, Superintendent of Schools, #284 , concerning
Cable TV, dated July 10 , 1980 , which states:
"Thank you for your letter asking for comments
regarding Cable Television.
"I feel that Cable Television should be made available
to the communities on the north shore of Lake Minnetonka.
As you point out, Cable Television could provide
numerous educational and community services in addition
to entertainment and other services that would be
enjoyable and beneficial to our entire north shore
community. "
End of Letter
, The following letter was received from Charles Malkerson,
Spring Hill Center , concerning Cable TV, dated July 11,
1980 , which states:
"Regarding your letter of July 7, 1980 concerning cable
television and services for our area, I definitely
feel an interest for Spring Hill Center. I am
especially interested in some of the "other services"
mentioned. Computer access and learning, data display,
alarm signals, data transmission and electronic delivery
of facsimile mail and newspaper all have potential
applications for the Center. If your Needs Assessment
Committee has need of any help Spring Hill might offer
through our resources network, please do not hesitate
to contact me. " '
End of Letter
REGULAR MEETING OF THE ORONO COUNCIL, JULY 14 , 1980 Page 17
Dick Benson, City Administrator, prepared the APPOINTM�NT
following memo concerning the West Hennepin Assess- West Hennepin Assess-
ment District Representative , dated July 10 , 1980 , ment District
which states:
Former Councilman Walter Massengale ' s resignation has
also vacated Orono ' s representative on the West
Hennepin Assessment Districts Joint Powers Board.
The consensus was to appoint Walt' s successor to the
District Board.
In view of the unknown future of the District, I
believe it imparative at this time to appoint a
Councilmember who is familiar with some history of
the District and the rationale for its formation.
I do recommend appointment of Gregg Hannah as an
alternate until the District' s future is determined.
Council Meeting - July 14 , 1980
Mayor Van Nest moved, Paurus seconded, to appoint
Gregg Hannah as Orono ' s representative to the West
Hennepin Assessment District and Dick Benson, City
Administrator, as the alternate. Motion, Ayes (5) -
Nay s (0) .
Mayor Van Nest announced that there will be a meeting WEST HENNEPIN ASSESS-
for the West Hennepin Assessment District on July 15, MENT DISTRICT MEETING*
1980 at 7 : 30 P.M.
Butler moved, Hurr seconded, to approve the letter SPRING PARK WITHDRAWAL'
and resolution from Spring Park concerning their WHAD
withdrawal from the West Hennepin Assessment District.
• Motion, Ayes (5) - Nays (0) .
The following letter was received from C. Steven RESIGNATION
Wilson, Planning Commission member, dated June 27 , C. Steven Wilson
1980 , which states:
"I have decided, whether or not I am appointed to the
Council vacancy on June 30 , that the time has come
for me to resign from the Planning Commission, and I
have so advised Mayor Van Nest.
"I have appreciated having the opportunity to serve
the City of Orono, and I have enjoyed working with
you, A1, Mike, Cathy and the others. I can certaYnly
see in the three years I have served on the Planning
Commission the noticeable increase in the professional-
ism of staff, and it has made the Planning Commission''s
deliberations much more effective.
"My thanks to you and the others. Please convey my
thanks to them. "
End of letter (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 14 , 1980 Page 18
Mayor Van Nest requested City Administrator Dick RESIGNATION
Benson to draft a letter to Mr. Steve Wilson (Continued)
thanking him for his contribution to the Planning
Commssion in serving on the Commission as a member
and Chairman.
Mayor Van Nest announced that the ribbon cutting RIBBON CUTTING
ceremony for the McCulley Road will be held on McCulley Road
Thursday, July 17, 1980 at 9 : 00 A. M.
Mayor Van Nest moved, Butler seconded, to table PLANNING COMMISSION
until the next Council meeting the, two appointments APPOINTMENTS
to the Planning Commission. Motion, Ayes (5) -
Nays (0) .
John Gerhardson, Public Works Coordinator, prepared PARK DRIVE & NORTH
the following memo concerning Park Drive at North ARM DRIVE
Arm Drive, dated July 10 , 1980 , which states:
At the June 30 , 1980 Council meeting, I was requested
to determine the type of use, amount of maintenance
required for that type of use and the best method of
restricting vehicle access.
It is my opinion that the area be left as an open
area similar to Casco Circle Park.
Casco Circle Park receives minimum maintenance
being mowed approximately four to six times per year
depending on rainfall. I would recommend the same
type of maintenance for the area at Park Drive and
North Arm Drive. �
" Uehicle access to the property can be restricted
by placing domed top creosote guard rail posts on
two sides of the property.
I have requested Hennepin County Public Works to place
that type of posts on the right of way on North Arm
Drive adjacent to that piece of property.
They have agreed to do this and may have that done in
two weeks. The City of Orono can place that type of
posts on the right of way on Park Drive.
The costs for initial cleanup, annual maintenance, and
restricting vehicle access are as follows:
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 14 , 1980 Page 19
Initial cleanup (four man hours) $ 35.00 PARK DRIVE & NORTH
Disposal costs 25 .00 ARM DRIVE
Annual maintenance (minimum) 2 hours (Continued)
mowing 100 . 00
(Does not include equipment, gas, oil,
etc. )
Guard rail posts adjacent to Park Drive only
12 posts @ $10 .00 $120 .00
Labor to install guard rail posts 65 .00
The above costs are not budgeted items.
It should be noted that this area has wild vegetation
and should the use of this proBerty increase , we will
have to consider spraying weeds and reseed the area.
I have discussed the above with Mr . Fred Ryan, 1345
North Arm Drive . He has no objections.
Council Meeting - July 14 , 1980
Paurus moved, Butler seconded, to approve the above
expenditures to maintain City property at Park
Drive and North Arm Drive. Motion, Ayes (5) - Nays (0) .
Butler moved, Hurr seconded, to approve a refund REFUND*
in the amount of $12 . 50 to Ted' s Roofing Company Ted' s Roofing Company
for an overpayment for a building permit. Motion,
Ayes (5) - Nays (0) .
Butler moved, Hurr seconded, to approve the COMPARISON OF PERMITS*
comparison of permits issued January through
June 1980 with January through June 1979 and 1978 .
Motion, Ayes (5) - Nays (0) .
Dick Benson, City Administrator, prepared the NO PARKING SIGNS*
following memo concerning No Parking signs #19 & #51 Detour
dated July 10 , 1980 , which states: .
Since the Arcola Bridge construction and the
designation of Hennepin County #19 and #15 as the
designated detour, Hennepin County #19 from the
Burlington Northern railroad tracks at Navarre,
north to Hennepin County #51� has become heavily
traveled and cars parked on the traveled roadway
shoulder are creating safety problems. Also,
Hennepin County #51 on the north side from the North
Arm boat landing at the Hendrickson bridge west 200
feet at the intersection of Hennepin County #15
and Hennepin County #19 requires No Parking signs ,
because of cars and boat trailers parking on the
roadway causing safety problems.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 14 , 1980 Page 20
In this emergency situation, we have requested, NO PARKING SIGNS*
and Hennepin County has installed No Parking (Continued)
signs. I request Council authorization of the
action Monday evening.
Council Meeting - July 14 , 1980
Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1164*
#1164 , A Resolution Requesting "No Parking" Signs No Parking Signs
On Hennepin County Road #19 And #51 . Motion,
Ayes (5) - Nays (0) .
Butler moved, Hurr secondec�, to approve the 3 . 2 SETUP, ON & OFF BEER
On & Off Sale Beer and Setup licenses for the LICENSES*
Navarre Bowling Lanes. Motion, Ayes (5) - Nays (0) .
Mayor Van Nest announced that the public hearing PUBLIC HEARING DATE*
regarding proposed utility rates will be held Utility Rates
July 28 , 1980 at 7 :00 P.M.
Butler moved, Hurr seconded, to approve the
GOLF COURSE RECEIPTS*
Golf Course Receipts report prepared by Joan
Lattin, Deputy Treasurer , dated July 11, 1980 .
Motion, Ayes (5) - Nays (0) .
Bruce Malkerson, City Attorney, reviewed with the VARIANCE
City Council a proposed resolution requested by the 1856 Shadywood Road
Milton Seifert
City Council in granting variances to property #548
owned by Dr . & Mrs. Milton Seifert.
Butler moved, Paurus seconded, to adopt Resolution RESOLUTION #1165
#1165, A Resolution And Agreement Relating To The 1856 Shadywood Road
Granting Of Variances To Property Owned By Dr. And Milton Seifert
Mrs. Milton Seifert, 1856 Shadywood Road, as amended.
Motion, Ayes (5) - Nays (0) .
Butler moved, Hurr seconded, that the following LICENSES*
licenses, be approved: Motion, Ayes (5) -
Nays (0) .
East Tonka Sanitation - Garbage Hauler
Valor Kennel - Kennel License
Scott Mabusth - Kennel License
Timothy & Joanne Petersen - Kennel License
City View Plumbing & Heating - Plumber
Ruppert & Son Well Company - Well Driller - Sept�ic
System Installation
Sunrise Plumbing, Inc. - Plumber
Westonka Plumbing & Heating - Plumber - Septic System
Installation
REGULAR MEETING OF THE ORONO COUNCIL, JULY 14 , 1980 Page 21
Butler moved, Hurr seconded, that the All Funds BILLS*
Accounts and Liquor Store Accounts, be paid.
Motion, Ayes (5) - Nays (0 ) .
Butler moved, Paurus seconded, that the meeting ADJOURNMENT
be adjourned at 9 : 55 P.M. Motion, Ayes (5) -
Nays (0) . �
�
,
' illiam B. Van est, Mayor
�
Attest:
Walter . Benson, City ' istrator