HomeMy WebLinkAbout07-28-1980 Council Minutes ✓ M
� .
CITY OF ORONO
Regular Meeting of the Orono Council, 7: 00 P.M.
July 28 , 1980
The Orono Council met on the above date with
the following members present: Mayor Van Nest,
Councilmembers Butler, Hannah, Hurr, and Paurus.
Also present: City Administrator Benson, City
Planner Olson, Public Works Coordinator Gerhardson,
Finance DirectoP Kuehn, Engineer Quincey, Mr.
Anderlik, Bonestroo, Rosene, Anderlik & Associates,
and Planning Commission member Jabbour .
Mayor Van Nest announced that now was the time and PUBLIC HEARING
place for the public hearing concerning the proposed Utility Rates
new sewer and water rates. City Administrator Benson
presented the Public Hearing Notice and Affidavit of
Publication.
Persons attending the public hearing were :
Leonore R. Mitchell - 2587 Kelly Avenue
Mrs. Ralph A. Eiler - 2605 Kelly Avenue
Robert H. Larson - ?2a monkawa Road
Ruby Siford - 96 Hackberry Hill
Robert Solie - 1100 North Arm Drive
Sue Munkelwitz - 2710 Kelly Avenue
Marvel Rice - 2700 Kelly Avenue
Maurine Andersen - 3555 Frederick Street
Wilbur Andersen - 3555 Frederick Street
Paul Berggren - 1895 Concordia Street
Leo J. Slechta - 3700 Northern Avenue
Ruth D�ffy - 1299 Wildhurst Trail
Dave Fischer - 141 Hackberry Hill
Dale Johnson - Navarre
Kendall Ellis - 1020 Old Crystal Bay Road
Ole & Roberta Nelson - 4099 Highwoad Road .
Patricia Sanborn - 4079 Highwood Road
Dean Germaine - 3779 Casco Avenue
Doris Stellmacher - 3480 North Shore Drive
H. Brouelette - 3470 North Shore Drive
R. Gantner - 1254 Loma Linda Avenue
Joe DeRosia - 1444 Baldur Park Road
John R. Anderson - 4191 North Shore Drive
George Roveqno - 2010 Shoreline Drive
T. W. Boer - 1392 Baldur Park Road
K. H. Carlson - 3498 North Shore Drive
Helen Toward - 3460 Birch Lane
Gloria McDonald - 3445 Crystal Bay Road
Mayor Van Nest reviewed the rationale for the
proposed utility rate increase commenting that
this increase is the first increase since 1977.
(Continued)
'' REGULAR MEETING OF THE ORONO COUNCIL, JULY 28 , 1980 Page. 2
Joe Anderlik, Consulting Engineer, reviewed with PUBLIC HEARING
the attending public a summary of the 1980 water Utility Rates
and sewer rate study and its impact upon current (Continued)
utility costs.
Letter - July 24 , 1980
"Enclosed please find the latest revision of the
summary sheets for the 1980 Water and Sewer Rate
Study. These summary sheets are somewhat abbreviated
and includes only the alternatives which the Council
to date has indicated that they would approve.
"We will prepare a handout for the public hearing
which will basically consist of Sheets 1 , 2, and 5
of the enclosure. It is suggested that you include
a sheet showing your expenditures and receipts
indicating your losses and showing the need for
the rate increases. "
End of letter
1980 Rate Study Report - Pages 3-�
Public Information Handout - Pages 8-10
Mr. Anderlik discussed excessive infiltration and
the impact this has on metered sewer flows charged
to the City of Orono by the Metropolitan Waste
Control Commission.
Concerns noted by the attending public were :
1. Senior citizen relief
2 . Fair and equitable charges
3 . What percentage of the total users are commercial
and industrial connections
After all persons present were afforded an opportunity
to be heard, Mayor Van Nest closed the public hearing
at 8 :25 P.M.
Page 3
1980 RATE STUDY .
WATERWORKS DEPARTMENT
ORONO, MINNESOTA
Operatin� Bud�et
Item
Total Orono Lon� Lake Wayzst$
$36,938 $34,808 $1,065* $1,065*
Operating Cost __
Fixed Ready to Serve Cost ' 21,961 21,961 --
11,500 -- 6,325 5,175
Purchased Service 13
7,729 7,055 661
Depreciation 6,253
Operating Expenses $78,128 $63,824 $8,051 S
8 853 8,133 145 580
Administration & Billing �
TOTAL EXPENDITURES $86,986 $71,957 $8,196 $6,833
* Budget includes all operating and fixed maintenance costs.
WATERWORKS RATES
Orono System - (Expanded Billin{�)
Operating Rate $
41,863 = 48,000,000 gal. _ $0.87/1000 gal.
Ready to Serve Rate $21,961 = 756 customers = $29_10/yr. or $7.30/qtr.
Administrative Rate $ 8,133 = 756 customers = $10.80/yz. or $2.70/qtr.
, Lon� Lake System `
Operating & Maintenance $8,015 T 11,200,000 gal. _ $0.72/1000 gal.
= 16.10/yr. or $4.00/qtr.
Administrative Rate 145 = 9 customers $
Wayzata Svstem
Operation � Maintenance $6,253 = 4,900,000 gal. _ $1.28/1000 gal.
Administrative Rate 580 = 49 customers = $11.85/yr. or $3.00/qtr.
Page 1.
Page , 4- .
WATERWORKS SYSTEM
1980 RATES
Existing Rates
Orono 0-8, 000 gal. $7 . 20/qtr.
Over 8,000 gal. 0. 90/1, 000 gal.
Long Lake 0-6,U00' gal. $5. 20/qtr.
Over 6,000 gal. 0.77/1, 000 gal.
Wayzata 0-10, 000 gal. $15. 50/qtr.
10.000 to 20, 000 gal. 1. 01/1, 000 gal.
20,000 to 60,000 gal. 0.78/1, 000 gal.
Over 60,000 gal. 0. 54/1, 000 gal.
Suggested Rates
Orono Connected Properties $10.00/qtr. plus $ .8"
1, 000
Unconnected Properties $10o00/qtr.
Long Lake All properties $4.00/qtr plus $ . 72/
1, 000
Wayzata 0-10,000 gal. $15.80/qtr.
Over 10,000 gal. 1. 28/1,000 gal.
Page 2.
�. ' WATERWORKS SYSTEM
Page 5
CUSTOMER CHARGES
Orono Long Lake Wayzata
Unconnected Properties
Existing Rates -- -- -- .
Proposed Rates $10.00 -- --
5, 000 gal/qtr. User
Existing Rates $ . 7. 20 $ 5.20 $15 .50
Pioposed Rates ' 14 .35 7.60 15 .80
Percent Increase 99$ 46$ 2$
8, 000 gal/qtr. User
Existing $ 7. 20 $ 6.74 $15.50
Proposed Rates 16.96 9.76 15.80
Percent Increase 136$ 45$ 2$
10,000 gal/qtr. User
Existing $ 9.00 $ 8. 28 $15. 50
Proposed Rates 18�70 11.20 15.80
Percent Increase 108$ 35$ 2$
15,000 gal/qtr. Dser
Existing Rates $13.50 $12.i3 $20�55
Proposed Rates 23.05 14.80 22• 2�
, Percent Increase 71$ , 22$ 8$
25, 000 gal/qtr. User
Existing Rates $22.50 S19•83 $29- ��
Proposed Rates 31_75 22.00 35.00
Percent Increase 41$ 11$ 19$
50, 000 gal/qtr. User �
Existing Rates $45�00 $39.08 $49.00 -
Proposed Rates 53.50 40.00 . 67. 00
Percent Increase 19$ 2$ 37$
Page 3 �
Page 6,
ORONO, MINNESOTA ,
SEWER DEPARTMENT
MWCC USER CHARGES
Use Charges 1978 1979 1980
Treatment Works Cost $52,797.96 $54,027.99 $ 75,866.71
Service Area No. 4 29,033.55 26,638.85 36,255.21
Final Cost Allocation -3,221.60 -3,592.51 5,186.43
TOTAL CHARGES $78,609.91 $77,074.33 $117,306.35
Credits
Current Value Credit $33,988.00 $33,988.00 $ 33,988.00
Debt Payment Credit 45,679.00 44,300.00 3,009.00
TOTAL CREDITS $79,667.00 $78,288.00 $ 36,997.00
Net Charges
Total Charges $78,609.91 $77,074.33 $117,308.35
Total Credits 79,667.00 78,288.00 36,997.00
NET MWCC CHARGE -$ 1,057.00 -$ 1,213.67 $ 80,311.35
SEWER OPERATING BUDGET
Item Amount
• MWCC Total Charge • $117,308.35
Operation � Maintenance 87,704.00
Depreciation 13,786.00
Operation � Maintenance Cost ' $218,798.35
Administration b� Billing 9,211.00
TOTAL OPERATING COST . . . . . . . . . . . . . . . . . . . $228,009.35
Page .4,
Page 7
ORONO SEWER SYSTEM
1980 USER RATES
Item Computation Rate
MWCC Total Charge $117,308.35 = 163,100,000 gal. $0.72/1,000 gal.
Local 0 & M 87,704.00 = 163,100,000 gal. 0.54/1,000 gal.
Depreciation 13,786.00 = 163,100,000 gal. 0.08/1,000 �al.
Operating Rate $1.34/1,000 gal.
Administration $ 9,211.00 = 1,415 connections $6.50/yr. or 1.65/qtr.
1980 SEWER RATE PER UNIT
Quarterly Charge
MWCC Charge 25,000 gal. @ $0.72/1,000 gal. $18.00
Local Charge 25,000 gal. @ 0.62/1,000 gal. 15.50
Administration 1.65
Rate per unit $35.15/quarter
Operating Rate = $1.34/1,000 gal. x 125%* $1.68
Rate per 1,000 gal. - Water meter rdg. $1.68/1,000 +
$1.65/qtr.
RATE COMPARISON •
Per Unit Per 1,000 �al.
, �xisting,Rates 22.75 1.50/1,000 gal.
Proposed Rates 35.15 1.68/1,000 gal.
Percent Change 5570 127
* Standard rate increased 25 percent to reflect inflow/iafiltration where users
are billed for sewage flow on water meter readings.
Page S.
Page 8
Public Information Aandout for the Public Hearing
at 7 : 00 P.M. on July 28, 1980 at the City of Orono _
Council Chambers.
As is indicated on the summary sheets the proposed increases in the
various water and sewer rates charged by the City are substantial.
The City of Orono has a unique situation in the utility systems.
Part of the City receives water service from the City of Long Lake
or Wayzata, part is served by the City owned water plant in Navarre,
'and the rest of the City has individual homeowner wells. �
Because there are three distinct service areas, there are three diff-
erent service rates. The last rate increase to the Orono "Navarre"
service area was January 1, 1978.
A "Ready to Serve" charge is being considered for the Navarre Service
Area of the City because the system is being maintained for all poten-
tial customers but is being used by only a portion of those where service
is available.
Certain costs are fixed which include the majority of the maintenance
items, miscellaneous items not considered to be administrative, and in-
surance. These costs are incurred for the entire system and are not
dependent upon the sale of any water. These expenditures �re being made
so that the system is maintained to be ready to serve all customers and
potential customers at all times. If no one were to use any water, the
City would still have to fix water main breaks, paint the water tank from
time to time, maintain insurance against fire and similar peril, to keep
the system in readiness to serve.
In addition to maintaining the system in a ready to serve condition, the
properties not currently connected r�ceive the benefit of immediate avail
ability in the event of f ailure of their current water supply. These sam
properties -are also receiving increased fire protection made available wi
the hydrants located throughout the area.
The rates in ' the �Long Lake" service area were adjusted on June 30, 1978.
The last rate increase to the "Wayzata" service area was January 1, 1974
and the charge to Orono from Wayzata for water purchased has been increas
twice since that time.
The following summary shows the comparison of water customer rate charges
versus costs for 1977 to 1979, and 1980 estimated:
WATER OPERATING FUND
1980
1977 1978 1979 Estimated
Navarre Area - ' •
Customer Charges $33 ,030 $46, 003 $49 , 390 $72, 000
City Costs $38 ,369 $45, 626 $52 , 364 $64, 902
Page 9
1980
1977 1978 1979 Estimated
Depreciation 6 ,416 6 ,416 6,416 7 , 055
Total Costs $44 ,785 $52 ,042 $58,780 $71, 957
Revenue Over (Under)
Cost ($11, 75'�) $ (6,039) $ (9, 390) $ 43
Wayzata Area
Customer Charges $ 5, 952 $ 6, 579 $ 5, 783 $ 6 ,860
Purchased Water � $ 4 , Ci44 $ 4, 758 $ 4 ,553 $ 5, 175 �
City Costs 799 950 1, 090 1, 065
Depreciation -- -- -- 13
Total Costs $ 5,443 $ 5, 708 $ 5 ,643 $ 6 , 253
Revenue Over Costs $ 509 $ 871 $ 140 $ 607
Long Lake Area
Customer Charges $ 9, 388 $ 9 , 220 $ 8 , 689 $ 9 . 252
Purchased Water $ 7 , 274 $ 5,812 $ 5 , 673 $ 6, 325
City Costs 799 950 1, 090 1, 065
Depreciation 648 648 648 661
Total Costs $ 8 , 721 $ 7 ,410 $ 7 , 411 $ 8 .051
Revenue Over Costs $ 667 $ 1,810 $ 1, 278 $ 1 , 201
. . Page 10
The last rate increase foz sewer service was on April 1, 1977 . The
sewage is treated by the M.W.C.C. (Metropolitan Waste Control Commission)
and the City of Orono is billed for it' s share of these costs. The
• M.W.C.C. gross charges_ have increased from $55, 961 in 1977 to $117, 308 ir
1980, and increase of 110$. City generated costs, not including depreci�
tion, have increased from $54 , 999 in 1977 to $96, 915 in 1980 or 76$.
The following summary of user charges versus costs for 1977 to 1979 , and
1980 estimated reflects the steady decline in excess revenues .
SEWER OPERATING FUND
� 1980
1977 1978 1979 Estimated
Actual Actual Actual New Rates
Customer Rate Charges $145, 565 $153,427 $152 , 549 $228, 340
Gross MWCC Charges 55, 961 73,423 77 ,074 117, 308
City Costs 54, 999 65,712 69,665 96, 915
' Depreciation 13 ,121 13 , 121 13 , 121 13 ,786
Total Costs $124 , 081 $152, 256 $160, 175 $228 , 009
Revenues Over (Under)
Costs $ 21,484 $ 1, 171 $ (7 ,626) $ 331
REGULAR MEETING OF THE ORONO COUNCIL, JULY 28 , 1980 Page 11
Butler moved, Hurr seconded, to approve the Consent CONSENT AGENDA*
Agenda* 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
No comments from the Lake Minnetonka LMCD REPORT
Conservation District representative.
Gabriel Jabbour, Planning Commission member , PLANNING COMMISSION
reported on the Planning Commission ' s new member
selection process.
Alan Olson, City Planner, mailed the following COMPREHENSIVE PLAN
letter to Charles Weaver, Metropolitan Council Charles Weaver Letter
Chairman, concerning the City of Orono Comprehensive
Plan, dated July 21, 1980 , which states:
"Thank you for your letter of July 3 , 1980 , acknow-
ledging receipt of our Plan, and for your concern
regarding the review schedule of the Metropolitan
Council and of Orono ' s neighbors.
"We recognize and .fully appreciate the value of
local reviews prior to Metropolitan Council action.
Therefore, we have followed the guidelines for
concurrent plan distribution as contained in the
Metropolitan Council ' s "Planning Briefs, February,
1980" and "Planning Newsletter, April, 1980 , No. 9" .
Our transmittal Resolution #1151 specifically includes
the following:
"The City of Orono hereby requests the Metropolitan
Council to defer formal review until the adjacent
municipalities and governmental units have had an
opportunity to review and comment on this Plan. "
"We understand from those guidelines that a short-term
extension will be granted for such purpose according
to the Metropolitan Council ' s consent agenda procedure.
"As you suggest, we have requested early review from
our neighbors, and in fact, have already received
some final comments. We expect to forward all comments
to the Metropolitan Council as soon as possible.
"In the interim, we felt that it was desirable for
the Metropolitan Council to have received copies of
our Plan to allow your staff time to review the
document and to discuss with us any questions or
concerns they may have prior to their having to make
formal memoranda or recommendations.
"We again request and encourage such informal exchange
to assure full communication and understanding of all
concerned. "
REGULAR MEETING OF THE ORONO COUNCIL, JULY 28 , 1980 Page 12
Alan Olson, City Planner, mailed the following COMPREHENSIVE PLAN
letter to Richard Dougherty, Chief Administrator, Richard Dougherty
Metropolitan Waste Control Commission, dated
July 22, 1980 , which states:
"Thank you for providing the review of Orono' s
Comprehensive Sewer Policy Plan as per your letter
of July 3 , 1980 .
"In that letter, you recommend inclusion of Orono ' s
various sewer service agreements as background
information. Please insert the attached agreements
with Long Lake (2) , Wayzata and Medina behind the
copy of Resolution #894 in Chapter 18 of the
Community Management Plan. "
End of letter
Alan Olson, City Planner, prepared the attached COMMUNITY MANAGEMENT
memo concerning the Community Management Plan - PLAN - Followup
Followup - Pages 13 & 14
No comments from the Public present. PUBLIC COMMENTS
Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1171*
#1171 , A Resolution Approving The Plat Of The Wolsfeld Lake Company
Wolsfeld Lake Company Addition. Motion, Ayes (5) -
Nays (0) .
Alan Olson, City Planner, presented the following HUSSMAN INVESTMENT CO.
letter prepared by Jeanne Mabusth, Zoning 3660 Shoreline Drive
Administrator, to George Hussman, dated July 15, #447
1980 , which states: '
"As requested by you, we have tabled your application
until the July 28 , 1980 Council meeting. At their
• recent meeting, Council has asked that you review
the enclosed memo from the Planner dated June 10 ,
1980 and select a name for the plat road from the
list suggested by the City Staff. They ask that
your choice be made by the meeting date of July 28 ,
1980 .
"Please contact my office if you have any questions
concerning this requirement. "
End of letter
Council Meeting - July 28 , 1980
George Hussman, applicant, not present.
(Continued, Page 15)
. . Page ,13
TO: Council
Planning Commission '
Park Commission
City Department Heads
Building & Zoning Staff
FROM: Alan P. Olson, Village Planner
DATE: July 22 , 1980
SUBJECT: Community Management Plan - �Followup
PURPOSE
The Community I�ianagement Plan is intended to be a living document to
be used on a regular basis whenever questions of policy, land use, or
City philosophy arise. Do not hesitate to refer to it, to quote it,
or to question it. The book is intended to be annually reviewed and
updated if necessary so changes, additions or suggestions should be
referred to me as they may arise.
STATUS
The Community Management Plan was formally approved and adopted by the
Planning Commission on May 19, 1980. It was accepted by the Council
and transmitted to the Metropolitan Council on June 2, 1980 with
distribution being done on June 25, 1980.
The City Council is not permitted to formally adopt this Plan until
after receipt of approval from the Metropolitan Council. Formal
Metropolitan Council review cannot be made until after receipt of
review letters from all other affected units of government, or six
months, whichever occurs first. Thus formal plan approval by the
City •Council may not occur before 3anuary or February, 1981. - In the
interim, we are still following the 1974 Comprehensive Plan with
unofficial reference to the new book.
DISTRIBUTION ,
Plans were sent to the following agencies for official review:
Metropolitan Council: 7 copies
2�iWCC, MCT�TD, LMCD, HSWCD
Piinnesota DNR, DOT and PCA
Hennepin County (Planning, Park Reserve & DOT)
Cities: Tonka Bay, Mound, Independence, Medina, Plymouth,
Minnetonka Beach, Spring Park, Minnetrista, Maple
Plain, Long Lake and Wayzata
School Districts: Minnetonka, Westonka, Orono, Wayzata, and
287 Hennepin Technical Center
Plans were distributed to all Council Members, all Planning and Park
Co�nission members, and all City Department Heads. The Clerk has two
copies on permanent record and another is in the City library.
Page 14
July 22 , 1980 .
Community Management Plan
Followup
Page 2
Upon approval by the City Council, copies will be placed in the local
public libraries at Wayzata, Long Lake, Maple Plain and Mound. Copies
will be available for sale at the City offices. Estimated cost today
is $30. 00 per copy.
PLAN VERSIONS .
Three versions of the same basic CMP were assembled:
1. Spiral Bound - This is the typical plan received by most parties
and as available for sale.
2. Ring Bound - 3-ring loose leaf binders were used to facilitate future
changes and/or frequent copying and use. These were
distributed to the Council, Planning Commission, City
Attorney, City Administrator, and Village Planner.
Content is identical to the spiral copy.
3. Special CSPP Copies - Concurrent with Comprehensive Plan review,
yet separate, is Comprehensive Sewer Policy
Plan review. Special two-volume loose leaf
copies were prepared with additional CSPP
background data added after page 18-27 as
follows:
-Plat Maps showing on-site treatment system
locations
-Copy of "Drainfield - Keep- Off" placard "'
-Copy of Ordinances 101, 143, 152 , 212,
210 "On-Site Treatment Code" , and Resolution
No. 894 On Site Design Manual.
In addition, in response to the July 3, 1980 MWCC review letter, the
following sewer contracts were also distributed for insertior� at the
end of Chapter 18 in these special copies:
Orono-Long Lake Agreement., December 13, 1967 (Orono Schools System)
Orono-Long Lake Agreement, October 7, 1975 (Hackberry System)
Orono-Wayzata Agreement, November 16, 1976
Orono-Medina Agreement, March 10, 1980
CSPP special copies were distributed to the Metropolitan Council Chairman,
MWCC, PCA, and the Village Planner' s Library copy, with the same extra
data also provided to the Mayor for his copy. •
One final difference: The original complete Orono Systems Statement has
been inserted into Chapter 20 of the Planner' s Library copy whereas all
other books contain only the Systems Statement cover sheet.
REGULAR MEETING OF THE ORONO COUNCIL, JULY 28 , 1980 Page 15
Mayor Van Nest moved, Butler seconded, to table the HUSSMAN INVESTMENT CO.
application of Hussman Investment Company, 3660 Shore- 3660 Shoreline Drive
line Drive, until the next Council meeting. Motion, (Continued)
Ayes (5) - Nays (0) .
Alan Olson, City Planner, entered into the record VACATION �
the following concerning the Fred Ryan, 1345 North 1345 North Arm Drive
Arm Drive, vacation, dated July 24 , 1980 , which states: #544
Fred Ryan
On June 30 , 1980 , the City Council conceptually
declined the requested vacation pending a recom-
mendation on maintenance and control from the
Public Works Coordinator . On July 14 , 1980 , the
Council approved the recommendations for limited
maintenance and for installation of traffic control
posts.
Therefore, I have prepared the attached resolution
and recommend approval of it to formally decline
vacation of the property.
Council Meeting - July 28 , 1980
Mayor Van Nest moved, Hannah seconded, to adopt RESOLUTION #1166
Resolution #1166 , A Resolution Declining To Vacate Decline Vacation
Unimproved Street And Park Property In The Plat 1345 North Arm Drive
Of Saga Hill Revised, as amended. Motion, Ayes (5) -
Nay s (0) .
Alan Olson, City Planner , entered into the record CONDITIONAL USE PERMI
the request for a conditional use permit and variance 2480 Casco Point Road
of Cortlen Cloutier, 2480 Casco Point Road, dated #555
July 24 , 1980 , which states: Cortlen Cloutier
The subject of this application is an expanded boat
house located within 40 feet of the shoreline .
The City received a complaint of new construction
in progress and inspected on March 26 , 1980 . A
stop work order was placed for work without permits
after f inding :
l . An existing 18 ' X 34 ' boat house with an existing
deck totaling 24 ' X 35 '
2 . A 14 ' X 18 ' addition underway on the second story,
extending toward the lake , including new stud walls
and roof and large new windows not yet installed
3 . Partial installation of a new furnace
4 . Partial connection of sewer and water to the
structure for a kitchenette inplace (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 28 , 1980 Page �16
Mr. Cloutier made his application and contended that CONDITIONAL USE PERMI7
the work underway was merely completing work 2480 Casco Point Road
started in 1971 but never completed. The Planning (Continued)
Commission reviewed the application on this basis.
The Planning Commission denied the guest house
conditional use permit and variance for work within
75 feet of the shoreline, finding no hardship to
justify expansion of a non-conforming use and
inability to grant a variance to Section 31.101
so that one non-conforming use (boat house) could
be changed to another non-conforming use (guest
house) . The net result of this finding, if upheld
by the Council, would be to cause removal of the new
framing and new furnace and to prohibit new water
and sewer connections, but to allow the existing
two-story structure to remain.
After the Planning Commission meeting however, new
information was received which may be cause for total
removal of the structure because of a history of
continuing similar violations.
Unsolicited letters were received from neighbor
Wilbur Andersen and from retired building inspector
Mike Scheller. They state :
1. The original boat house was started without
permits, was constructed improper�y, and in fact,
collapsed before inspection by Mike Scheller.
2 . The permit issued in 1971 was never intended to
cover anything except a one-story 20 ' X 30 ' boat
house capped with an open deck. All second story
work has therefore been done without authority
sometime between Mr. Scheller ' s final inspection
and March, 1980 .
In addition, the 1980 assessed fair market value of
the total building is $1,200 . Section 31. 106 requires
removal of any non-conforming structure with an
assessed value of $3 ,000 or less within' 36 months of
January 1, 1975 or no later than January l, 1978 .
A 1978 Minnesota Supreme Court case also involving an
unpermitted addition of a second story to a non-conforming
boat house upheld an injunction ordering compliance
with the ordinance that prohibits such construction,
i.e . : removal of the non-conforming portion of the
structure . That ordinance permits single story boat
houses, ours does not.
Therefore, in concurrence with the Planning Commission
and in light of the new information, I recommend denial
of the requested conditional use permits and variances,
and i further recommend ordering removal of all second
story construction which has never been permitted, and
consideration of an order to remove the entire structure
consistent with Section 31.106 . (�Qntinued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 28 , 1980 Page 17
If for some reason, there is shown to be cause for CONDITIONAL USE PERM]
allowing some work to remain, the Council would have 2480 Casco Point Roac
to make the following findings and approvals, (Continued)
none of which have been made :
l. To keep a single story boathouse only:
a) find that value exceeded $3 ,000 as of
January 1, 1975, and notify assessor of change
b) approve conditional use permit for a non-
conforming use as of January l, 1975, Section 32 .480
2. To keep any second story shell, wi�hout dwelling
capability:
a) find that it existed before January l , 1975
b) find that it existed before Ordinance No. 155,
February 14 , 1974 (75 ' setback)
c) find that it was never an unpermitted expansion
of a non-conforming use
d) authorize building permit approval after the
fact, subject to full code compliance and payment
of all fees and penalties
3 . To allow guest house use , all findings above plus:
a) find it was so used before January 1, 1975
b) approve guest house conditional use permit,
Section 34 .027 and variances to lot area, side
setback and lake setback
. � c) require installation of sanitary facilities
d) require payment of additional SAC, sewer
unit and water unit charges
Council Meeting - July 28 , 1980
Mr . Cloutier was present and was given the opportunity
to read unsolicited letters received from Mr. Wilbur
Andersen and Mr. Mike Scheller. It was noted that
attempts had been made to contact Mr. Cloutier during
the week to make him aware of their letters.
Mr. Cloutier commented that Mr. Scheller ' s letter is
not accurate and all of the structure has been there
since 1971.
Mr. Scheller had made several inspections noting all
of the work being done .
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 28 , 1980 Page 18
Mr. Wilbur Andersen, 3555 Frederick Street, was CONDITIONAL USE PEFu�I
present and commented that the structure was 2480 Casco Point Road
expanded beyond its original intended size and that (Continued)
the concrete blocks were poorly constructed.
Mayor Van Nest moved, Butler seconded, to refer the
request of Cortlen Cloutier, 2480 Casco Point Road,
� for a conditional use permit and variance to the
Planning Commission for staff and Commission review.
Motion, Ayes (5) - Nays (0) .
Alan Olson, City Planner, entered into the record VARIANCE
the variance request of Jack Rhode, 1410 Bohns Point 1410 Bohns Point Road
Road, dated July 24 , 1980 , which states: ' #546
Jack Rhode
Planning Commission reviewed a revised plan, at their
July 21, 1980 meet.ing, as instructed by the Council
on June 30 , 1980 . Planning Commission recommended
approval of variances necessary to construct the
house per the attached revised plans as follows:
Lot Area - 34 .452 13 ,897 sq. ft. Variance = 32$
Lot Width - 34 .452 33 ft, variance = 23 . 5$
Hardcover - 34 .202 636 sq. ft. variance = 3$
I concur with their findings and recommendations with
the exception of the deck encroachment toward the lake,
ahead of line D-D. If this deck were not more than
30 inches above the ground, and not encroaching within
75 ' of the lake, I would have no objection. However,
the plan now shows the deck to be 8 ' above the ground.
As such, I would recommend either complete conformance
to line D-D, or with issuance of a variance to 34 . 201
if a hardship were to be found.
Council Meeting - July 28 , 1980
Councilmember Hannah stepped down from the Council table
due to a conflict of interest. '
Jack Rhode and James Swenson, representing Mr. Rhode,
were present. Margaret Hannah was also present.
Mr. James Swenson reviewed his clients application
for a variance.
Mayor Van Nest: The City needs an agreement of all
easement holders to include a protective covenant
and dock limitations for each easement holder in
their chain of title.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 28 , 1980 Page 19
Mr . Swenson: Mr. Rhode would agree to one dock, VARIANCE
three boats, with the issuance of a building permit 1410 Bohns Point Road
now with the stipulation that no certificate of (Continued)
occupancy would be issued until all conditions are
met.
Mayor Van Nest: I would have trouble justifying
this procedure. It makes it more difficult for
the City to enforce .
Mr. Swenson: My client needs to take advantage of
the present building season.
Mayor Van Nest: You now want us to short circuit
the Court' s decision.
Mr. Swenson: The intent of our approval was to
support Orono ' s position. Our appeal to the
Supreme Court will take us into the late fall or
early winter.
Mayor Van Nest: The issues are:
l. Conformance to line D-D
2 . Protective covenant
I want the record to show that we have no one here
representing the Beckers, Lauers, or the Stewarts.
Mr. Rhode : The dec.k will not be screened or enclosed. --- -
Mayor Van Nest: �e do have a resolution that should __
not be substituted by an agreement. There are concerns
with the proposed deck which can be satisfied.
Mayor Van Nest moved, Butler seconded, to modify
Resolution #851 for Council approval. Proposed ,
deck to conform to D-D line and not encroaching
within 75 ' of the lake. Deck not to be screened or
enclosed; one single dock structure for three boats;
resolution and agreement to be signed off before
� issuance of building permit.
Butler offered the following amendment: building
permit to be issued immediately, occupancy certificate
issued subject to execution of agreement. Motion died
for lack of a second.
Original motion passed. Ayes (4) - Nays (0) .
REGULAR MEETING OF THE ORONO COUNCIL, JULY 28 , 1980 paqe 24
Alan Olson, City Planner, entered into the record CONDITIONAL USE PERMI'
the conditional use permit request of Robert 1205 Arbor Street
Mortenson, 1205 Arbor Street, dated July 24 , 1980, #560
which states: Robert Mortenson
The resolution of denial has been revised per
Council direction at the last meeting.
Council Meeting - July 28, 1980
Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1167
Resolution #1167, A Resolution Denying A Conditional Deny Greenhouse
Use Permit For The Robert Mortensons For A Green- 1205 Arbor Street
house At 1205 Arbor Street. Motion, Ayes (5) -
Nays (0) . '
Alan Olson, City Planner, entered into the record CONDITIONAL USE PERMI'
the variance and conditional use permit request of 3800 Wayzata Boulevar<
Orton Wisegarver, 3800 Wayzata Boulevard, dated #561
July 25, 1980 , which states: Orton Wisegarver
The applicant, Orton Wisegarver, requests permission
to expand the existing Kellers Market building
by construction of a new 40 ' X 50 ' addition, with
basement, to house storage , a new meat market and
a greenhouse sales area, plus expansion of parking
which may include excavation of an embankment east
of the present building.
This application is complicated by the large number
of ordinance provisions involved, by Minnesota law
applicable to non-conforming uses, and by past
activity on the site which appears to constitute
violation of our ordinances.
I recommend tha�t Planning Commission review this
report in concept and provide a basic recommendation
to the Council concerning use of this property.
Basic Issue : Should this property at this location be ,
ultimately used for commercial or residential
purposes?
If the answer is "residential" , then this use must
continue as a non-conforming use with the ultimate
objective of use elimination by obsolescence,
exhaustion and destruction. This is consistent
with our 1974 and 1980 Comprehensive Land Use Plans
and with the zoning districting since original
provisions were applied in 1967.
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 28 , 1980 Page �l
If the answer is "commercial" , however limited, CONDITIONAL USE PERMI'
then there must be a recommendation for a comprehensive 3800 Wayzata Blvd.
plan amendment and a rezoning to permit commercial (Continued)
activity. Minnesota Statute 462 . 357 Subd. 6 (1)
specifically says that a City "may not permit as
a variance any use that is not permitted under the
ordinance for property in the zone where the affected
person' s land is located" . See the attached exerpts
from a Minnesota Supreme Court case upholding
enforcement of an ordinance prohibiting expansion of
a non-conforming use .
Zoning 1974 RR-1B 2 acre rural residential
Property Specs 75, 550 sq. ft. = 1. 73 acre
Consists of three separate tax parcels
Council Meeting - July 28 , 1980
Mr. Orton Wisegarver was present to discuss his
application.
Mayor Van Nest stated that the City has many concerns
with the expansion of commercial uses in this area.
The concerns are :
1. Public safety
2 . Parking requirements
3 . Lot size
4 . Side yard setbacks
5 . Sanitary standards
Mayor Van Nest moved, Paurus seconded, to request staff
to review legal non-conforming uses, incorporating
staff review of all City concerns for the August 11,
198U Council meeting. Motion, Ayes (5) - Nays (0) .
Alan Olson, City Planner, entered into the record SUBDIVISION
the request for a subdivision of Stephen Ward, , 4695 North Shore DrivE
4695 North Shore Drive, dated July 22, 1980 , which #563
states: Stephen Ward
Zoning District: LR-1B
Subdivision: Originally proposed as a metes and
bounds division - now to be reviewed as a plat.
Mr. Ward, the applicant, proposes a plat of his
neighbor 's (Steve Major) property. The division
will create a smaller parcel to be combined with
Ward' s substandard lot. The proposal will correct
setback problems for the principal structure,
located on the existing lot line , and the accessory
structure, a corner located within the Major lot.
The division will not create setback problems for the
Major ' s property. (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 28 , 1980 Page 22
The original lot line realignment was presented SUBDIVISION
in the form of a metes and bounds division, but 4695 North Shore Drive
because of the length and complex legal description (Continued)
involved, staff has had to require a plat. The
applicant has been informed of the problem. At
this meeting, Council will be acting on a preliminary
plat approval.
Commission members did not wish to connect the
parking violations of the Ward property with the
subdivision application. I would still recommend
that Council direct staff to work out a safer off-
street parking use with the applicant.
Planning Commission Meeting "- July 21, 1980
Planning Commission recommended approval of the
lot line realignment subdivision of Stephen Ward
based on the following findings:
1. Correct existing setback problems for the
principal and accessory structure
2 . Division will not create setback variances
for Major ' s property
3 . Applicant may now maintain his property and
structures withoutencroaching on neighbor ' s
property
based on the following conditions :
1. That the smaller parcel, legally described
on the Certificate of Survey, be combined
with the Ward property
2. Adams added that Council should be aware
of parking use at the Ward property.
Council Meeting - July 28 , 1980
Butler moved, Hurr seconded, to approve the
preliminary subdivision request of Stephen
Ward, 4695 North Shore Drive, per the Planning
Commission recommendations of July 21 , 1980 .
Motion, Ayes (5) - Nays (0) .
Alan Olson, City Planner, entered into the record CONDITIONAL USE PERMIT
a memo prepared by Jeanne Mabusth, Zoning Adminis- 4510 North Shore Drive
trator, for a conditional use permit for Peter #569
Switenki, 4510 North Shore Drive, dated July 23 , Peter Switenki
1980 , which states :
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 28 , 1980 Page 23
The conditional use permit is requested by Mr. CONDITIONAL USE PERMI
Switenki to construct a seawall along his shoreline 4510 North Shore Driv
to combat a muskrat invasion. I had originally #569
refused the Department of Natural Resources permit Peter Switenki
requesting seawall construction because the
property did not abut a channel. I recommend rip
rapping.
Mr. Switenki then recontacted me and informed me
of the severity of the erosion along the lakeshore
and the pot holes that create hazardous conditions
for his young children at play, all apparently
coming from muskrat activity.
It should be noted that the entire shoreland area
of this and the neighboring properties consists
of dredge spoils and fill placed over a former
wetland some years ago. This apparently makes
the area especially susceptible to muskrat habitat.
There are holes in the lawns, but a personal
inspection is necessary to determine the relative
severity of the situation. I cannot say that it
is any worse here than in many other areas of
the City.
The Department of Natural Resources and the
Minnehaha Creek Watershed District would normally
approve of seawall construction as an acceptable
method for controlling muskrats- Rip rap would
apparently not be effective against the bank rats
because they could tunnel between the rocks.
Mr . Switenki has hired a trapper but he gave up -
the area was an ideal breeding ground and trapping
was never going to solve his problem.
' The local game warden has been out to the site
and approves the seawall as a sure method of
success but could not recommend another method
more acceptable to City ' s policy of shoreline
protection. The City Engineer approves the,
engineering plans and feels it is an expensive
method but sure to be successful. He cautions
that the neighboring properties will get the overflow
of bank rats and that before the City approves of
the project, owners of adjacent properties should
submit letters stating they approve of the proposal .
The Planning Commission questioned whether other
methods more in keeping with the City ' s shoreland
policies might not be available. Eventually the
Planning Commission did recommend seawall approval
in this particular case. (Continued)
R�GULAR MEETING OF THE ORONO COUNCIL, JULY 28 , 1980 Page 24
Staff would suggest that if indeed a steel sheet CONDITIONAL USE PERMIT
is desirable to control the muskrats (is that control 4510 North Shore Drive
desirable?) , then perhaps rip rap might be added (Continued)
on the face of the wall to protect it and to
preserve a more natural appearance . The bank is
only about a foot above the water at this point
and the lake bottom is very shallow.
Council Meeting - July 28 , 1980
Mr. Switenki was present to discuss his application.
Mayor Van Nest: The City requires rock or rip rap
and does not approve of a seawall or steel sheeting.
A seawall creates disruption of the lake bottom '
because of the lack of a shock absorbent effect
prevalent with rip rap.
Mr. Switenki commented that a seawall is very
expensive and it would not be financially feasible
to construct a seawall faced with rip rap at this
time.
Hannah moved, Butler seconded, to approve the
conditional use permit request of Peter Switenki,
4510 North Shore Drive, to construct a seawall not
to � include rip rap. Hardship is topography of the
land. Motion, Ayes (2) - Nays (3) . Mayor Van Nest,
Councilmembers Hurr and Paurus Nay. Motion failed.
Mayor Van Nest moved, Hurr seconded, to approve a
conditional use permit to construct a steel sheeting
seawall faced with rip rap with a G2-1 slope as per
Building and zoning approval . Motion, Ayes (5) -
Nays (0) .
Councilmember Hannah vacated his seat at the Council SUBDIVISION
table. 1406 Bohns Point Road
#571
Alan Olson, City Planner, entered into the record Gregg F-iannah
a memo prepared by Jeanne Mabusth, Zoning Administrator,
concerning a subdivision request of Gregg Hannah,
1406 Bohns Point Road, dated July 23 , 1980 , which states:
Zoning District - LR-1B
Gregg Hannah proposes a metes and bounds division of
Darrell K. Stewart ' s property to the east of his lot.
As the applicant explains, the realignment will
"reflect natural topographic lot lines" . The subject
area has been maintained by Hannah for many years.
The subdivision will create no setback variances
for the Stewart property. The Planning Commission
approved the subdivision application of Gregg
Hannah subject to the enclosed staff resolution.
(Continued)
REGULAR MEETING OF THE ORONO COUNCL, JULY 28 , 1980 Page 2'S
Council Meeting - July 28 , 1980 RESOLUTION #1168
1406 Bohns Point Road
Mayor Van Nest moved, Butler seconded, to adopt (Continued)
Resolution #1168 , A Resolution Approving A Metes
And Bounds Subdivision For Greqg S. Hannah, 1406
Bohns Point Road. Motion, Ayes (4) - Nays (0) ,
Mrs. Jean Nelson was present to discuss her VARIANCE
application. 2705 Walters Port Lane
#572
Alan Olson, City Planner, commented that this Donald Nelson
application involves a hardcover variance and a
variance to the 75 ' lakeshore setback ordinance . '
Mrs. Nelson, 2705 Walters Port Lane, commented that
it is necessary to correct the low wet area on her
lot in order to utilize the area between the
house and the lake .
Paurus moved, Hurr seconded, to table the application
of Mrs. Nelson, 2705 Walters Port Lane, until the
August 11, 1980 Council meeting for staff review.
Motion, Ayes (5) - Nays (0) .
Alan Olson, City Planner, entered into the record
a memo prepared by Jeanne Mabusth, Zoning Adminis-
trator, dated July 16 , 1980 , which states:
Erwin Martin, 3340 Shoreline Drive, proposes COMMERCIAL PLAN REVIEW
construction of an additional bay on the northeast 3340 Shoreline Drive
side �� the existii�y- structure. The addition will be #573
31 ' X 24 ' , unfortunately, neither the survey nor Erwin Martin
the plot plan designate the side yard setback from
Navarre Lane for the proposed structure. In
Council ' s review of the proposed Haefele , Martin
vacation application, they conceptually approved
the vacation, but the applicant has never completed
the conditions of that approval.
The applicant will submit a certification of setback
by the meeting riight. It appears from the scale
on the plot plan that there is a 7.5 ' setback. If
street setback applies, variance is as follows:
Required: 35 '
Proposed: 7.5 '
Variance : 27. 5 ' = 78$
The residential zoning district runs along the center-
line of Navarre Lane . If the vacation is considered
applicable, there are 33 ' of additional side yard for
Martin 's lot. A variance would not be necessary since
the required 35 ' would be met. (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 28 , 1980 Page 26
The site had adequate area for the parking that serves COMMERCIAL PLAN REVIEW
both the towing and repair use. Planning Commission 3340 Shoreline Drive
should consider asking for additional screening (Continued)
along the fenced area - specifically, Shoreline Drive .
Council Meeting - July 28 , 1980
Mayor Van Nest moved, Butler seconded, to conceptually
approve the commercial building plan for Erwin Martin,
3340 Shoreline Drive, subject to finalization of
vacation of Navarre Lane prior to issuance of a building
permit. Motion, Ayes (5) - Nays (0) .
Alan Olson, City Planner, presented the City Council 1980 C�NSUS
with the following preliminary 1980 census comparison,
dated July 25, 1980 , which states:
HOUSING UNITS 1970 1980 Change
United States 2146 2470 +334 = 15$
Metro. Council 2146 2361 +215 = 10$
Orono CMP 2146 2430 +284 = 13$
POPULATION No. H.H,
United States 6787 6585 -202 = 3$ 2. 99
Metro. Council 6787 7042 +255 = 4$ 2 . 98
Orono CMP 6787 7290 +503 = 7$ 3 .00
Note : Difference between Census and City dwelling
unit count is likely due to unidentified
(illegal) rentals=and duplexes
Alan Olson, City Planner, sent the following letter to
the U. S. Bureau of the Census, dated July 25, 1980 ,
which states: '
"City staff has compared our records with the pre-
liminary census report issued to us on July 21, 1980 .
We find no statistically significant difference in our
total count of housing units, but do see a difference
by enumeration district. This probably occurs because
of the rural nature of the City which makes block by
block counting difficult.
"We do take exception to the high vacancy rate shown
and the resulting decrease in population estimates.
With the exception of 65 seasonal cabins on Big Island,
and a scattered handful of seasonal units elsewhere,
we expect that mQst "vacancies" are in fact normally
occupied homes with persons temporarily away on vacation.
We hope this can be reviewed and resolved satisfactorily. "
REGULAR MEETING OF THE ORONO COUNCIL, JULY 28 , 1980 Page 27
Alan Olson, City Planner, entered into the record TAX FORFEIT LAND
the following concerning tax forfeit properties -
List 658 NC, dated July 25, 1980 , which states:
With their typical short notice, the County requests
review of seven parcels. Staff review was done by
John Gerhardson, Alan _Olson, and Jeanne Mabusth.
Staff recommends release of most parcels per the
attached resolution.
Staff recommends retention of #5 adjacent to already-
owned Highwood Nature Trail access per the other
attached resolution.
We request Council direction on Parcel 7 at Lyric
Avenue and Shadywood Road. This is adjacent to
the Navarre Park acquired tax-forfeit last year
and now being cleared. If this area is ever to
be expanded, then we should request retention of
this parcel now. John Gerhardson notes the existing
area is small. If on the other hand, Council does not
want to enlarge the area, then release the land.
It is currently zoned B-1 (mostly) although the new
CMP shows residential. This lot will be added to
the appropriate resolution per Council ' s decision.
Council Meeting - July 28 , 1980
Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1167
Resolution #1169, Tax Forfeit Lands Retained For Retain Tax Forfeit
Public Use By The City OF Orono, as amended to Land
include Parcel 7. Motion, Ayes (5) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1170
Resolution #1170 , Tax Forfeited Lands Released Release Tax Forfeit
For Public Sale. Motion, Ayes (5) - Nays (0) . Land
Steve Quincey, City Engineer, reviewed a memo TRAFFIC SIGNAL
prepared by Glenn Hawkyard, City Assessor, Old Crystal Bay Road &
concerning an appraisal of easement valuation for #12
the traffic signal and road widening at Old
Crystal Bay Road and Highway #12, dated July 16 ,
1980 , which states:
I have completed an updated appraisal of the
subject property as you have reguested for
determining a fair market valuation for the
damages in loss of land, trees and temporary
easement resulting from the road widening, as
follows:
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, JULY 28 , 1980 Page 28
Robert N. Wagner Parcel #1 $1,857 TRAFFIC SIGNAL
Veda, Inc . Parcel #2 & #6 $3 , 950 (Continued)
Roger A. Fazendin Parcel #3 $4 , 670
School District 278 Parcel #4 $11, 250
Berdie Robb Parcel #5 $ 680
Council Meeting - July 28 , 1980 .
Mayor Van Nest moved, Hurr seconded, to instruct
the City Engineer to proceed with obtaining the
easements for the installation of the traffic
signal at Old Crystal Bay Road and Highway #12 .
Motion, Ayes (5) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to table the INDUSTRIAL AREA WATER
Orono Industrial Area Water Feasibility Report item REPORT
until the next Council meeting. Motion, Ayes (5) -
Nays (0) .
Mayor Van Nest moved, Butler seconded, to table FINAL PAYMENT
the final payment for the McCulley Road regarding McCulley Road
the liquidated damages status until the next
Council meeting. Motion, Ayes (5) - Nays (0) .
Bruce Malkerson, City Attorney, prepared a memo LS-80-1 & LS-80-2
concerning a conference with Glenn Cook, Mike Sewer Projects
Gaffron, Alan Olson, and John Gerhardson on
July 18 , 1980 regarding the Minnetonka Bluffs,
Orono Lane, West Ferndale , County Road #15/
North Shore Drive and Scotch Pine Lane sewer
projects, LS80-1 and LS80-2 .
Memo - Pages 29-32
Council Meeting - July 28 , 1980
Butler moved, Hannah seconded, to request the
City Attorney to proceed with the acquisition of
easements for the two sewer projects, LS80-1 and
LS80-2 . Motion, Ayes (5) - Nays (0 ) .
The following letter was received from Tom Seutgens, TOWN MEETINGS
Mayor of Minnetonka Beach, concerning Town Meetings
dated July 16 , 1980 , which states :
"As the new Mayor of Minnetonka Beach, I would be
happy to participate in future Town Meetings. Please
keep me informed as to date and place . If I can be
of any assistance in keeping this joint participation
effort moving, call the Village office at 471-8878 . "
End of letter
Page 29
. MEMORANDUM
- TO: LF 3643-070 �
FROM: B. Malkerson , - -
DATE: July 22, 1980
RE: Conference with Glenn Cook, Mike Gaffron,
A1 Olson, John Gerhardson on 7/18/80
3643-070
- On July 18 , 1980, B. Malkerson met with the above individuals
to discuss, among other things:
1. Easement acquisition procedure;
2. Assessment procedure; -
� 3. Assessment roll;
4. Resolution on benefited properties;
5. Resolution of adoption of an assessment roll.
The above individuals discussed generally materials set forth �
hereinafter:
I. ACQUISITION OF EASEMENTS
� A. B. Malkerson will draft a standard letter for
Gaffron's signature, which letter will be addressed to each
property owner informing them that the project has been,
ordered, asking them to please execute an enclosed construc- �
tion and permanent easement, noting to them that the easement,
if donated would be tax deductible.
' � . B. 8. Malkerson will draft a new form standard easement
that will allow for the construction of the sewer pipe, lift
_ �
stations and manholes as necessary.
� ; C. Gaffron will send the letter to each property
owner and inform them that in a day or two he will call them
to �et up specific times at which he can visit them at their
homes to discuss with them any problems that they have
related to the construction of the pipe or lif t station on
their property. In each case, Gaffron will have been
authorized by prior City Council action to offer certain
�
Page 30
amount in money damages, trees, shrubbery or other items in
restoration to induce the property owner to sign the easement.
Any special provisions so agreed upon will be reduced to
standard form and signed by the property owner and Gaffron.
Thereafter, a copy of each special provision agreement will
be given to the engineer and to the contractor so that we
eliminate the problems in the field that we had in the prior
project.
As soon as possible, we need to determine:
a. Who will sign the easements and for how much;
� b. Who will not sign the easement but will sign a
right-of�entry agreement and leave the damage question for
further ana�ysis;
c. Who will not sign either;
d. What. are the total actual damages agreed upon;
e. What are the estimated dama es on those
g properties
where we cannot reach agreement at this time.
The above amounts need to be calculated so that the city can
determine whether or not to proceed with the project and if it
does, how much should be added to the construction cost to
assure full payment for all out-of-pocket expenses to the
city both in construction and in subsequent condemnation of
easements, if necessary.
Once the easements have been signed, Gaffron will return to
the property owners in person or by letter requesting providing
of the owner' s duplicate certificate of title in the case of
Torrens property, consent to subordination of mortgages, etc. ,
if necessary. , � ,
II. PAYMENT FOR EASEMENTS
In Gaffron's letter to the property owners and in person,
�Gaffron will outline reasons why we think the property owners '
should donate the easements such as:
' + A. They are tax deductible;
B. Donation of the easements keeps total cost down
for everyone in the project;
C. If we have to pay for easements or condemn them,
those costs will be paid by everyone in the project;
-2-
- . .Page 31
D. They should act as good neighbors by donating the
easement to solve their own sanitary sewer problems.
_ �As noted above, Gaffron should be authorized to a certain
extent to offer' replacement of trees, sodding and other
restoration methods to insnre obtaining the easements. -
I suggest also that Gaffron be authorized in advance to offer
$2.00 a lineal foot for the length of the pipe on anyone 's
property which, given this typical size of a permanent easement
of 20 feet x 120 feet, construction easement of 40 feet x
120 feet, would result in a payment of $150 - $250 per lot.
,In the case where there is a manhole on the property, Gaffron
should be authorized to offer $250, in the case of a, grinder
pump $250, and in the case of a lif t station $250.
These amounts will only be offered if people refuse to donate
the easement and then after Mike asks them how much they have
to have in order to sign the easement, as long as he can reach
an agreement with them at an amount equal to or less than the
above, he is authorized by the city to pay such amount. In any
case in which the amount demanded is in excess of the above
amounts, if the amount in excess is not that great, then Benson
should have been authorized to approve of such increases, for
example, not to exceed $4. 00 a lineal foot, $500 per manhole,
$500 per lift station.
Under Minnesota Statutes, if we have to commence condemnation
proceedings, the property owner automatically receives "$300
for his appraisal fees, it will cost the city approximately
$2, 000-$3, 000 per 1ot for the first few lots to perform all
of the paperwork, �make several appearances in court, pay the
commissioners -.n condemnation for three separate hearings (one
at court, one � view the property, and one to take testimony) .
In addition t� :hat we would have the out-of-pocket expense
to the city o . �aying for appraisal development and testimony �
at the hearin- �The �,nitial cost for the first few lots is
higher and thE ��afte� there are certai,n economies of scale to
be real,i,zed. -
In the event that we are not able to obtain any easement for
� an amount as authorized, then those amounts demanded will
_ � be reviewed by our independent fee appraiser as to their
, reasonableness, and reviewed and accepted or rejected by
• the City Council.
It may be t�at in any case that we have to pay any money for
the easement, we may wish to reach an understanding as to the
a�mount t?�t �ve �u1,d ht�ve to pay, c�Btaa;n an option to obtain
the ea�e.ziierit for that �unount, � a,nd then wait to see what the
tota7, out-pf-pocket expense is going to be for easement
- -3-
� Page ��
,
acquisition, plus construction; then have the public hearing
on the assessment roll, wait to see what the amount of appeals
filed are; in the event that the cost for easement acquisition
_ - and construction is too high, and our downside risk in the
' assessment appeal process is too great, the city will not
order the project. In that- case, the city's only out-of-
pocket expense will have been staff time and city engineering
expense in the preparation of plans and specifications, etc.
The city would not have then agreed to make payments for
property not needed since the project has been abandoned.
III. SPECIFIC PLANNING PROBLEMS
1. Conform B. Malkerson's copies of easements with
Gaffron's.
2. The City Engineer will discuss an agreement with
the City of Wayzata for sanitary sewer access.
3. The City Engineer and Gerhardson will review poten-
tial access problems to various manholes.
IV- MATTERS TO BE COMPLETED
1. Before and after valuation of properties.
' 2. Resolution of benefited areas.
3. Resolution of adoption of assessment roll.
4. Drafting of the various� notices that will have to
be sent for the hearings.
� ' �
:
' _ e
' ;�
�
:
�
- � � ,�
� '
� - -- --- - -
REGULAR MEETING OF THE ORONO COUNCIL, JULY 28 , 1980 Page 33
Hurr moved, Butler seconded, to approve the attached 201 STUDY LETTER
letter to the Lake Minnetonka Conservation District
and the Minnehaha Creek Watershed District from
Mayor Van Nest dated July 30 , 1980 , concerning
the 201 study. Motion, Ayes (5) - Nays (0) .
Letter - Pages 34 & 35 _
The following letter was received from Gale Lennon, CABLE TV LETTER
Superintendent, Orono School District 278 , concerning Gale Lennon
Cable TV dated July 24 , 1980 , which states:
"Thank you for your July 7, 1980 letter regarding the
, potential use of cable television. I have referred
your materials to our head academic level principals
and will be discussing it with them in the near furture.
At this point in time, the responses I get tend to
indicate that we would find minimum use for cable
television in the education program because of the
lack of flexibility in the transmission process. We
currently secure television for our classrooms by
hiring people to tape the programs when they are
presented and then file the tape as we do other library
materials.
"If cable television is to become truly beneficial
to schools, I urge that there be substantial school
administrator representation on the committee responsible
for development of programs and programming to provide
information to the committee regarding school cost
constraints, program content, duplication of other
available similar services, usefulness and applicability
of proposed programs and services.
Although I am not able to give you a definite answer
at this time, it does appear that direct cable TV would
not be terribly beneficial to us unless we are able �
to directly and strongly influence its development. "
End of letter
The following letter was received from Senator George
S. Pillsbury concerning Cable TV dated July 21, 1980 ,
which states:
"Thanks for your letter abo�t Cable TV for Long Lake,
Minnetonka Beach and Orono. I wish I had some suggestions
that would be helpful to your efforts.
"My only suggestion would be to work with a firm that
has a good record serving areas similar to ours and
who has been responsive to the needs of the community.
"Again, thanks for the letter and good to see you both
last Thursday. You and other leaders of Orono deserve
a great deal of credit for adding this much needed
thoroughfare . "
• Page 34
_ Telephone 973-7357 •
� _/ •
����� c�TY o� oRo�To
.�
Post Office Box 66•Crystal Bay, Minnesota 55323•Municipal Offices
...�(���
�t�,-� On the North Shore of Lake Minnetonka
� �� �j�� July 30 , 1980 � �
r..---
Mr. Norman W. Paurus, Chairman and Board Members
Lake Minnetonka Conservaton District
, 402 .East Lake Street
Wayzata, Minnesota 55391 �
Mr. David H. Cochran, Chairman and Managers
Minnehaha Creek Watershed District
P.O. Box 387
Wayzata, Minnesota 55391
Dear Ladies and Gentlemen:
Ten years have past since the results of the Harza Study, which
were based on data collected in 1968, have been known.
The findings of the Harza Study confirmed earlier indications
that the cause of pollution to Lake Minnetonka was from excess
nutrients, primarily phosphorus, in Lake Minnetonka. The Harza
Study determined that the largest cause of phosphorus discharged
to Lake Minnetonka was from the effluent from the seven sewage
treatment plants located within the Lake Minnetonka Watershed.
The conclusions of the Harza Study were that the sewage treatment
plants should be phased out and the sewage removed from the
Watershed to a central facility located on the Minnesota River .
To date, six of the seven sewage treatment plants have been closed `
with the construction of interceptors removing the sewage from
the Lake Minnetonka Watershed. The seventh plant, located in
Maple Plain, will have phosphorus removal equipment and additional
filters installed to reduce the phosphorus content of the effluent
to acceptable levels.
The Harza Study also determined that the second largest source
of nutrient loading to Lake Minnetonka came from run-off from
the 123 square mile Watershed, which provides the sole source
of make-up water for Lake Minnetonka. In addition, it indicated
that the nutrients contained in this run-off would increase as
the Watershed became more densely developed. The Harza Study
indicated that this increase may be four-fold, but later studies
have indicated that this increase can be as much as ten times.
Page 35
Page 2
The water quality on Lake Minnetonka made a dramatic improvement
as the effluent from the 'sewage treatment plants was removed from
the Watershed; however , continued urbanization of the Watershed
has increased the quantities of nutrients contained in the run-off,
which in part has negated some of the benefits from the removal
of the sewage effluent from the Watershed. It is our belief that
water quality on Lake Minnetonka is no longer improving but rather
becoming more polluted.
The Harza Study was an excellent technical study of Lake Minnetonka,
establishing many benchmarks of water quality that existed in 1968 .
It isolated for us the chief cause of pollution to Lake Minnetonka
and made recommendations to minimize this pollution effect. We
believe that it is now time for the Harza Study to be updated by
reevaluating present water quality trends and isolate the present
sources of pollutants to Lake Minnetonka together with recommend-
ations to minimize these causes.
The Orono City Council requests that the Lake Minnetonka Conservation
District in conjunction with Minnehaha Creek Watershed District
enter into a joint project that will update the information contained
in the Harza Study and make recommendations to preserve the quality
of Lake Minnetonka for future generations.
We feel that now is the time for us to update the technical
information about Lake Minnetonka and reevaluate our goals and
policies to insure that this great natural resource is preserved.
Thank you for your cooperation in this matter.
Yours truly, , ,
i
C T OF ORON
, G��
Brad Van Nest
Mayor
REGULAR MEETING OF THE ORONO COUNCIL, JULY 28 , 1980 Page 36
Mayor Van Nest moved, Butler seconded, that the LAKE AREA SPORTS
Lake Area Sports Center report of Patrick Farnand CENTER
will be agended for the meeting of August 11, 1980 .
Motion, Ayes (5) - Nays (0) .
Butler moved, Paurus seconded, to appoint Diann APPOINTMENT
Goetten, 1385 Fox Street, to the Planning Diann Goetten
Commission to replace C. Steven Wilson whose term
expires December 31, 1981. Motion, Ayes (5) -
Nays (0) .
Butler moved, Paurus seconded, to appoint George APPOINTMENT
Rovegno, Jr. , 2010 Shoreline Drivey to the Planning George Rovegno, Jr.
Commission to replace Gregg Hannah whose term
expires December 31, 1980 . Motion, Ayes (5) -
Nays (0) .
Butler moved, Hurr seconded, to approve the West WHAD REPORT*
Hennepin Assessing District' s July 15, 1980 report.
Motion, Ayes (5) - Nays (0 ) .
Butler moved, Hurr seconded, to approve the date of WHAD MEETING DATE*
July 29, 1980 at 7: 30 P.M. for the reconvened meeting
of the West Hennepin Assessing District. Motion,
Ayes (5) - Nays (0) .
Butler moved, Hurr seconded, to approve the EMPLOYMENT*
temporaty employment of Betty Stevens for the Betty Stevens
Orono Golf Course at a rate of $3 .20 per hour Golf Course
effective May 12 , 1980 for 80 hours at which
time her rate will increase to $3 .40 per hour.
Motion, Ayes (5) - Nays (0) .
Butler moved, Hurr seconded, to approve the RECLASSIFICATION*
reclassification of Dale Skreen as a light Dale Skreen
equipment operator at a rate of $7.83 per hour -
effective July 21, 1980 . Motion, Ayes (5) -
Nays (0) .
Bulter moved, Hurr seconded, to approve the RECLASSIFICATION *
reclassification of James Gregory as a heavy James Gregory
. equipment operator at a rate of $8 . 72 per hour
effective July 21, 1980 . Motion, Ayes (5) -
Nays (0) .
Dick Benson, City Administrator, presented the CRYSTAL BAY POST
City Council with a letter he mailed to Gene OFFICE
Kreienbrink, Postmaster, concerning the Crystal
B�y Post Office, dated July 15, 1980 , which states:
(Continued)
. REGULAR MEETING OF THE ORONO COUNCIL, JULY 28 , 1980 Page 37
"On June 25, 1980 , a letter was sent to you CRYSTAL BAY POST
requesting your assistance in the City of Orono ' s OFFICE
continuing interest to provide local. postal service (Continued)
at Crystal Bay and continue the present lock box
service until a review of the total postal delivery
service in the Orono area is completed.
"We have not received acknowledgment of our letter .
nor have we heard from the real estate division as
indicated to us at our meeting with you and Mr. Schufman.
"Your assistance in this matter would be appreciated. "
End of letter
Dick Benson also informed the City Council that he
was notified by the real estate department of the
post office that there will be meetings Friday
afternoon, July 25, 1980 and Tuesday morning,
July 29 , 1980 to evaluate space to continue the
pres�nt postal operation for the Crystal Bay Post
Of f ice.
Butler moved, Hurr seconded, to approve the dates PUBLIC HEARING DATES*
for the Revenue Sharing Funds public hearings for Federal Revenue
Wednesday, August 27, 1980 at 7: 00 P.M. and Sharing Funds
Monday, September 15, 1980 at 7 :00 P.M. Motion,
Aye s (5) - Nay s (0) .
Butler moved, Hurr seconded, to approve the in- INJUNCTION
junction against Alexander Holzer, 2677 Casco Alexander Holzer
Point Road. Motion, Ayes (5) - Nays (0 ) . 2677 Casco Point Road
Butler moved, Hurr seconded, that the following LICENSES*
licenses, be approved: Motion, Ayes (5) - Nays (0) .
Drillco - Well Drilling
Minnesota Valley Mechanical Services - Plumber
Butler moved, Hurr seconded, that the Al1 Funds BILLS*
Accounts and the Liquor Store Accounts, be paid.
Motion, Ayes (5) - Nays (0) .
Butler moved, Hurr seconded, that the meeting be ADJOURN ENT
adjourned at 12: 05 A. M. Motion, Ayes (5) - Nays (0) .
����
/
� - �.F � - �r �
William B. Van Nest, Mayor �
t
Atte st / :�=�
Walter R � enson, Cit dministrator