HomeMy WebLinkAbout09-29-1980 Council Minutes : � �
CITY OF ORONO
Regular Meeting of the Orono Council, 7 : 00 P .M.
September 29 , 1980
The Orono Council met on the above date with the
following members present : Mayor Van Nest, Council-
members Butler , Hannah, Hurr , and Paurus. Also present:
City Planner Olson, City Engineer Cook, City Attorney
Malkerson, and City Clerk Strom. City Administrator
Benson arrived at 9 : 20 P.M.
Mayor Van Nest announced that now was the time and
place for the public hearing concerning a proposed
ordinance regarding animal leghold traps. Roger
Johnson, Regional Wildlife Supervisor, for the seven
county metro area, informed Mayor Van Nest that his
partner , Mr . Beatricx Ransfer , Conservation Officer
for the Minnesota Department of Natural Resources,
was delayed but would arrive shortly and requested the
Mayor to continue the public hearing after Mr. Ransfer
arrived.
The City Council proceeded with several items on the
agenda until Mr. Ransfer arrived at7 : 45 P .M. at which
time , Mayor Van Nest reopended the public hearing.
The Notice of Public Hearing and Affidavit of publication
were presented.
Mr. Johnson commented that trapping and leghold traps is
a legitimate method of harvesting furbearing animals
and controls nuisance animals. The Department of Natural
Resources does set restrictive seasons on valuable furbearing
animals so that they are not harvested� but also to prevent
problems so as to avoid a nuisance problem. The DNR does not
believe that trapping is detrimental to the wildlife population.
Injuries to humans is rather low for the entire population -
of the United States in comparison to other sports. Injuries
to pets is a concern but he did not feel that pets should be
allowed to run free . Trapping is a form of control of
over-population and damage that is caused by them. We hope
that you will not consider passing the trapping ordinance .
The Department of Natural Resources issues permits to
trap which serves as a license . Children under sixteen
do not need a permit or license in order to trap animals.
Bruce Malkerson stated that an ordinance cannot ban the
sale of traps but it can control the use of them.
Mr . Ransfer spoke against the adoption of an ordinance
banning 'the trapping of animals.
, (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 29 , 1980 Page 2
Persons in favor of the ordinance included Mr. & Mrs. PUBLIC HEARING
Zell, 3680 Northern Avenue, stating that the traps Leghold Traps
were dangerous to children and household pets and (Continued)
was also a cruel way to capture animals.
Bob Parrack and Mike Anastasia, trappers, were present
to discuss their trappirig operations. The boys stated
that they check their traps daily and use the funds for � .
their schooling. They do not feel that the animals
suffered very much from the leghold traps.
After all persons present had an opportunity to be heard,
Mayor Van Nest closed the public hearing at 8 : 24 P.M.
Mayor Van Nest moved, Paurus seconded, to table the
proposed ordinance banning the use of leghold traps for
animals for legal review. Motion, Ayes (5) - Nays (0) .
Al1 documents, letters, etc. conaerning the proposed
ordinance for banning the use of leghold traps are
attached to these minutes.and on file in the Clerk ' s office .
Mayor Van Nest announced at 8 :28 P .M. that now was PUBLIC HEARING
the time and place for a public hearing regarding Federal Revenue Sharing
the allocation of 1981 revenue sharing funds. The Funds
Public Hearing Notice and Affidavit of Publication
were presented. Mayor Van Nest inquired if any one
was present concerning the public hearing. No one
was present for the hearing. Mayor Van Nest read to
the public present the proposed uses for the funds:
$3 , 120 for Human Rights; $6 , 000 for Building & Zoning
capital outlay; $20 , 230 for capital outlay for the
Street Department; and $3 , 284 for Public Health
Nursing. Mayor Van Nest closed the public hearing at
8 : 28 P.M.
Paurus moved, Butler seconded, to approve the above
. stated uses for the Federal Revenue Sharing Funds.
Motion, Ayes (5) - Nays (0) .
Butler moved, Hannah seconded, to approve the Consent CONSENT AGENDA*
Agenda* , subject to removing items 4 , 5, 6 , 26 , & 34 ,
with all staff reports and information reviewed at
this meeting to be attached to the original copy of
these minutes on file in the City Clerk ' s office.
Motion, Ayes (5) - Nays (0) .
Butler moved, Hurr seconded, to approve the Minutes MINUTES
of the Regular Meeting of August 25, 1980 , as
amended. Motion, Ayes (5) - Nays (0 ) .
REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 29 , 1980 Page 3
No comments from the Park Commission. PARK COMMISSION
Councilman Paurus, Representative to the Lake LMCD REPORT
Minnetonka Conservation District, reported that
a public hearing for a new dock license and setback
variance for Sailors World and a public hearing
for a variance for Hans Hartmann would be held
October 15, 1980 before the LMCD.
No comments from the Planning Commission. PLANNING COMMISSION
Mayor Van Nest moved, Butler seconded, to table MINNETRISTA PLAN
the City of Minnetrista Plan Review until further REVIEW
study. Motion, Ayes (5) - Nays (0 ) .
The letter to Mayor Van Nest from Richard P. I-394 PROJECT
Braun, Commissioner, Minnesota Department of
Transportation, dated September 23 , 1980 ,
concerning the I-394 Project was discussed.
Butler moved, Hannah seconded, to request staff to CONDITIONAL USE PERMIT
draft a resolution concerning the conditional use VARIANCE
permit and variance request of Louis Smerling, 2683 Casco Point Road
2683 Casco Point Road, to grant the variance reguest Louis Smerling
subject to any additional planting to be done per
the original plan. Motion, Ayes (5) - Nays (0) .
Butler moved, Hannah seconded, to adopt Resolution RESOLUTION #1205*
#1205, A Resolution Approving The Plat Of Green Green Trees
Trees On Tanager Lake , for Minister ' s Life Develop-
ment Company. Motion, Ayes (5) - Nays (0 ) . '
Butler moved, Hannah seconded, to reaffirm REAFFIRM RESOLUTION*
Resolution #1165, A Resolution And Agreement 1856 Shadywood Road
Relating To The Granting Of Variances To Property #548
Osaned By Dr. And Mrs. Milton Seifert, 1856 Shady- Milton Seifert
w000d Road. Motion, Ayes (5) - Nays (0) .
Alan Olson, City Planner, informed the City CONDITIONAL USE PERMIT
Council that Mr . Wisegarver , Keller ' s Market, VARIANCE
telephoned him this afternoon stating that he 3800 Wayzata Boulevard
would not be present at the Council meeting, this #561
evening and that Louis Oberhauser may be representing Orton Wisegarver
him on this matter. Mr. Wisegarver also informed
Mr. Olson �hat he would bring a revised pl�n to the
City Council for a different type of greenhouse
and that he intends to remove the present greenhouse
by November l, 1980 . �, Oberhauser was present,
(Continued)
REGULAR MEETING OF THE ORONO COUNCIL, SETPEBMER 29, 1980 Page 4
Mayor Van Nest moved, Butler seconded, to table � KELLER'S MARKET
the conditional use permit and variance request (Continued)
of Orton Wisegarver, Keller ' s Market, 3800 Wayzata
Boulevard, until the next Council meeting. Motion,
Ayes (5) - Nays (0) .
Mr . Mortenson was present concerning his application CONDITIONAL USE PERMIT
for a conditional use permit for a greenhouse at 3280 Watertown Road
3280 Watertown Road. #576
Robert Mortenson
Alan Olson, City Planner, stated that he had received
three telephone calls today objecting to the green-
house. Mayor Van Nest and Councilmembers Butler and
Hannah also stated that they have received telephone
calls objecting to the greenhouse.
Discussion included the size of the greenhouse , traffic
problems created by delivery trucks and customers,
and diminution of value to property of the residents in
the area. The residents of the area voiced concerns
of a commercial business in a residential zone .
Paurus moved, to deny the application on the fact
that there is significant neighborhood opposition
to the greenhouse; it is essentially a commercial
use in a residential zone; it is larger than first
intended; it is a potential hazard to children
and possible traffic problems in the future; it
could cause a diminution in value ; potential question
of what uses it could be put to if this use does not
work; and to direct staff to prepare a resolution
accordingly. Mayor Van Nest seconded for purposes
of discussion.
Discussion included other uses of accessory buildings
and size of building. ,
Motion, Ayes (2) - Nays (3) . Councilmembers Butler,
Hannah, and Hurr Nay. Motion failed. "
Butler moved to approve the conditional use permit
with the following restrictions; no outside nor
non-family members to be employed on the property;
an agreement between the applicant and the City
for cessation of the conditional use permit on
change of ownership; remove the greenhouse upon
the sale of the property; the greenhouse, as proposed,
be restricted with total size 3,400 sq. ft. ; headhouse
in the present three-car garage; driveway access
moved to the west, as recommended by the Chief of
Police; and, public sales during normal business
hours with ,closing at 8 :00 P.M. Motion died for
lack of a second. •
. (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 29 , 1980 Page 5
Mayor Van Nest moved that this matter be tabled CONDITIONAL USE PERMIT
until such time as the staff can prepare a proposed 3280 Watertown Road
amendment to the zoning code redrafting the green- (Continued)
house sections such that commercial greenhouses of
a size larger than sq. ft. will be permitted only
in the five-acre rural residential zone, in two-acre
zones, a commercial greenhouse allowed up to sq. ft.
Discussion followed.
Mayor Van Nest moved, Paurus seconded, to table this
item until the next meeting for staff recommendations
to Council for conditions where a limited commercial
greenhouse could be utilized in a two-acre rural ,
residential zone, for all zones of the City other
than the five-acre zones; greenhouse should be
attached to the principal structure, hobby type
structure , but not precluding a home occupation
type of facility as long as the operation meets
the necessary requirements of a home occupation .
Motion, Ayes (5) - Nays (0) .
Mr . Mortenson stated that he would like a decision
tonight.
Mayor Van Nest moved, Hurr seconded, to authorize
staff, at the request of the applicant, to draft a
resolution of denial based on the conditions cited
in the previous motions covered at this meeting and
the Planning Commission meetings; specifically, the
Council feels that the scope of this proposal is
beyond the realm of what was intended by the existing
code and to point out that we have asked our staff
to make proposed modifications to clarify the
intent of the City Council pertaining to conditional
use permits in various zones of the City, and that
because of this, in responding to Mr. Mortenson ' s
request, we are moving to deny his application
as presented. Motion, Ayes (4) - Nays (1) . Coun�i�-
member Butler Nay.
Alan Olson, City Planner, presented the City Council GENERAL MORATORIUM
a memo regarding a general moratorium ordinance for
discussion. Mr. Olson recommended that a moratorium
was unnecessary and the City Council agreed.
The City Council scheduled a joint meeting with the JOINT MEETING
Planninc� Commission on October 25, 1980 at the October 25, 1980
Lafayette Club at 8 : 00 A. M.
REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 29 , 1980 Page 6
Mrs. Hartmann, Mr. & Mrs. Ellis, Mr. Reese, WALTER' S PORT
Mr . DeGregory, Mr . & Mrs. Crist, Mr. & Mrs. Nelson,
and Mr. Blunt were present regarding the Walter ' s
Port item.
Mr. Crist requested an interpretation of his
' approved permit requesting he be allowed to rip rap
pursuant to Plan C approved in 1977 and not be
forced to install aluminum sheeting.
Mayor Van Nest: A permit has been granted for rip
rap. The City is concerned with how this will
interface with the existing wood seawall and adjacent
property owners. '
Mr. Ellis: Plan C was first approved. The plan was
to rip rap Ellis, DeGregory, and Crist properties .
The plan was submitted allowing 1/2 to 1 slope . This was
changed to a 3 to 1 slope . I have spent thousands of
dollars to protect my property. Who has the right
to tell me how to build my wall?
Mayor Van Nest: There is one permit issued to Ellis,
Crist, and DeGregory for rip rapping.
Mr. DeGregory: Reviewed history of Homeowner ' s
Association commenting that there is litigation in
progress. I do want rip rap.
Mr . Ellis: I want rip rap. I am going to file a suit
for discrimination and harrassment against the City.
I can furnish documentation that a sheathing wall will
not be stable .
Mayor Van Nest: Will you furnish us with this
documentati9n?
Mr. Ellis: Yes, I will.
Mr . DeGregory: The City Council did approve rip rap.
Mr. Blunt: I am not concerned if Mr . Ellis, Mr. Crist,
and Mr. DeGregory rip rap but how are they going to
protect the rest of the residents from erosion? How
are tie backs to be designed for the wood wall?
Alan Olson: The City does not have a drawing showing
transition of wall design. We do not know how the
wall will be protected and we do not have a detailed
plan showing wall and interface.
Mr. DeGregozy: I have no objection to their constructing
a rip rap wall and I will release the City df any
responsibility in this matter.
REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 29 , 1980 Page 7
Mayor Van Nest: Mr . Nelson, do you want the City to
initiate a storm water study?
Mr . Nelson : No, I do not, unless it ' s fzee . But I
would think the City would study effects of rip rapping
and hardcover , as this relates to water runoff.
Butler moved, Paurus seconded, the approval of rip rap
construction for Mr . Crist, 2699 Kelly Avenue ,and Mr. Ellis,
2701 Kelly Avenue, on the north wall moving waterline
4 � 6 " proceeding around the northeast corner of the lagoon
to within one foot of the adjoining property. The interface
between wall and rip rap is the sole responsibility of the
property owner, subject to plan revised September 29 , 1980 .
Motion, Ayes (3) - Nays (2) . Mayor Van Nest and Councilman
Hannah Nay.
City Engineer Cook reviewed an Agreement for Restora- RESTORATION AGREEMENT
tion with the City Council, which states: 1185 West Ferndale
Henry Kingman
"In the event the City of Orono, its employees, agents,
or contractors enters upon the property located at
1185 West Ferndale Road, Wayzata, Minnesota in order
to construct a sanitary sewer thereon, it is agreed
by the City of Orono and the undersigned owner of the
above-described property, as follows :
1. Upon completion of the construction of the
sanitary sewer project and in any event no later
than August 15, 1981, the City shall substantially
restore subsurface roadbed presently located on
property owners ' premises and restore to original
condition the blacktop on property owners ' easement
across the adjoining property presently owned by
Gordon and Joyce Ritz . "
Mayor Van Nest moved, Hannah seconded, to approve the ,
above agreement of Henry Kingman, 1185 West Ferndale
Road. Motion, Ayes (5) - Nays (0) .
Dick Benson, City Administrator, reviewed with the APPOINTMENT
City Council the City Engineer ' s workload commenting City Engineer Cook
that Mr . Glenn Cook will be available for all future
Council meetings.
Glenn Cook, City Engineer , reviewed with the City TRAFFIC SIGNAL
Council right of way easement progress for the Easements
traffic signal at Highway #12 and the Old Crystal
Bay Road.
Glenn Cook, City Engineer , reviewed with th� City BID SPECIFICATIONS
Council a summary on bid specifications for LS-1980- 1 & 2
LS-1980-1 and LS-1980-2 .
REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 29 , 1980 Page 8
Glenn Cook, City Engineer, reviewed the questionnaire QUESTIONNAIRE
results for the LS-1980-1 & LS-1980-2 project with LS-1980-1 & 2
the City Council .
Dick Benson, City Administrator, informed the City EASEMENT LS-1980-1 & 2
Council, that he met with .Mr . George Rector, 2655 North George Rector
Shore Drive, __to review with him his sewer easement
and lift station design. Mr . Rector agrees with
the design and has signed the petition for sanitary
sewer s.
Glenn Cook, City Engineer, reviewed with the City LIQUIDATED DAMAGES ,
Council the item concerning liquidated damages, Buffalo Bituminous
Buffalo Bituminous.
Mayor Van Nest moved, Butler seconded, that a SPECIAL MEETING DATE
special meeting be held October 8 , 1980 at 7 : 30 P.M. October 8 , 1980
for all affected property owners for the LS-1980-1 & 2
project. Motion, Ayes (5) - Nays (0) .
Councilmember Butler , Representative of the Cable CABLE TV MEETING
TV Committee, reported that the next Cable TV
meeting will be held October 23 , 1980 at 7: 30 P .M.
at the Medina City Hall .
Mayor Van Nest reviewed with the City Council LIGHT RAIL TRANSIT
a letter concerning light rail transit dated
September 15, 1980 .
Butler moved, Hannah seconded, that the next regular COUNCIL MEETING DATE*
meeting of the Orono Council will be held Tuesday, October 14 , 1980
October 14 , 1980 at 7 :00 P.M. Motion, Ayes (5) -
Nays (0) . .
Butler moved, Hannah seconded, to approve the low UTILITY RATE REVIEW*
income utility rate for senior citizens/fixed-low Senior Citizens
income report dated September 25, 1980 . Motion,
Ayes (5) - Nays (0) .
Dick Benson, City Administrator, informed the City ORONO-LONG LAKE WATER
Council that he will be appearing before the Long
Lake City Council October 7 , 1980 to propose
establishment of a water district allowing participation
of Orono and Long Lake to construct a well and tower
to serve one common cause, adequate water supply to
Long Lake and Orono users in the commerciaY-industrial
school areas of our two cities.
REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 29 , 1980 Page 9
Butler moved, Hannah seconded, to approve the 201 FACILITIES PLAN*
letter from Richard Dougherty, Chief Administrator,
Metropolitan Waste Control Commission, dated
August 28 , 1980 , concerning the 201 Wastewater
Management and Facilities Plan. Motion, Ayes (5) -
Nays (0) .
Letter - Pages 10 & 11
Butler moved, Hannah seconded, to approve the part- EMPlOYMENT*
time employment of Tim Myers for the Liquor Store Tim Myers
at a rate of $3 . 50 per hour, effective September 23 ,
1980 . Motion, Ayes (5) - Nays (0) .
Butler moved, Hannah seconded, to approve the request LIGHT EQUIPMENT
to advertise for a light equipment Operator for the OPERATOR*
Street Department. Motion, Ayes (5) - Nays (0 ) .
Butler moved, Hannah seconded, to approve the request POLICE OFFICERS*
of Chief of Police Kilbo to hire three patrol officers
due to Spring Park signing a police contract with Orono.
Motion, Ayes (5) - Nays (0 ) .
Butler moved, Hannah seconded, to approve the date FALL CLEAN-UP DATE*
of October 25, 1980 from 8 :00 A. M. to 4 : 30 P.M. October 25 , 1980
for the annual Fall Clean-up Day. Motion, Ayes (5) -
Nays (0) .
Butler moved, Hannah seconded, to approve the Minutes WEST HENNEPIN ASSESS-
of the West Hennepin Assessment Board meeting of MENT MEETING*
September 17 , 1980 . Motion, Ayes (5) - Nays (0 ) .
Butler moved, Hannah seconded, to adopt Resolution RESOLUTION #1206*
#1206 , A Resolution Providing For The Collection Of Delinquent Sewer &
Delinquent Sewer And Water Service Charges. Motion, Water
Ayes (5) - Nays (0) . '
Butler moved, Hannah Seconded, to adopt Resolution RESOLUTION #1207*
#1207 , A Resolution Providing For The Collection Of Delinquent On-Site
Delinquent Annual Service Charges For The On-Site Sewage
Sewage Treatment Inspection Program. Motion,
Ayes (5) - Nays (0) .
Butler moved, Hannah seconded, to approve the date PUBLIC INFORMATION
of September 30 , 1980 at 7 : 30 P.M. for a public MEETING DATE*
information meeting regarding the 1980 LS-1' & LS-2. 1980 LS-1 & LS-2
Motion, Ayes (5) - Nays (0) .
�i: .�• ., `.i� . .. I � , , '
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�= Augus� 28 1980 . . ._ „ _ , . _. ;
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I 1
{ The Honorable William B. Van Nest
' ` Mayor of Orono
, P. O. Box 66 .
; Crystal Bay, MN 55323
, � Dear Sir:
�
E
� i This will acknowledge your letter of August 14 , 1980
concerning official comments for the record on the
� 1980 Public Hearing, 201 Wastewater P7anagement &
Facilities Plan.
� �
i " We have reviewed your statement and concur with it. In
' i summary , the Preferred Plan recommended, with respect
� �
� � to the Maple Plain treat�nent plant: (1) the plant will
� remain in operation at least until 1985-86 ; ( 2) the
' � plant will be improved to provide phosphorus removal and
� ; filtration to improve the effluent; (3) improved
E disinfection facilities will be provided; (4) an I/I
� ! study and grant application will be undertaken. I
� � believe the above items are included in the� Preferred
� Plan to be presented to the Commission for final
i � consideration.
� I� I call to your attention that the Commission has an
: i overall I/I grant commitment from the state and EPA
i , and it requiresthat tocal governments initiate the
; grant with the Commission's assistance. The Commission
� acts as the pass-through agency. Your city nas been
- � established ^as having excess I/I and it is on the first
Ipriority list for such an effort. I have directed the
Director of Engineering, P�ir. Bernard ,�. Harrington, to
i initiate the grant application with you.
Between the present time and 1985, the Commission will
undertake a reevaluation of the situation to determine
the future of the Maple Plain treatment plant. For the
present, the study will be held in abeyance.
. .
350 fT1ETROJOURRE BLDG.
7THb ROBERi/TREET/
lAlfll PFUI fil(155t01
612 222•&42i
, � . .
'� __ C:
. " � ,
The Honorable William B. Van Nest . Page 11
Mayor of Orono '
Page 2
August 28 , 1980
Thank you for your interest and comments . As far as I can determine, -
it appears that the Commission is in full agreerr�nt with the city ' s
views and we intend to carry out the Preferred Plan in the manner
described above. Of course, all is subject to the Commission' s
and Metropolitan Council ' s final adoption of the 201 Plan.
, Thanks again for your interest.
Very truly yours,
RICHARD J. OUGHERTY
Chief Administrator
RJD:sl
CC: Salisbury Adams
Bernard J. Harrington
John D. Tomaselli
REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 29, 1980 Page 12
Butler moved, Hannah seconded, to approve the firearms FIREARMS PERMIT*
permit for the Woodhill Country Club. Motion, Ayes (5) - Woodhill Country
Nays (0 ) . Club
Dick Benson, City Administrator, informed the City INTERCEPTOR �:
Council that he met with Salisbury Adams , Metropolitan CONNECTIONS*
Waste Control, to discuss Orono ' s wish to enter into the �
interceptor at other locations other than the points
designated by the Metropolitan Waste Control Commission.
I informed Mr. Adams the additional cost to Orono would
be $30 ,000 and would have to be spread over the entire
City if there was not a way to convince the Metropolitan
Waste Control Commission to change their mind.
Mr . Adams will pursue this matter and notify me by
Tuesday, September 30 , 1980 .
Butler moved, Hannah seconded, to approve the letter
concerning point of connections for the Minnetonka
Bluffs area for sewer project 1980 LS-1 . Motion,
Ayes (5) - Nays (0) .
Letter - Pages 13-16
Butler moved, Hannah seconded, to approve the date INSURANCE BIDS*
of November 28 , 1980 at 10 : 00 A. M. for the bid November 28 , 1980
opening for insurance . Motion, Ayes (5) - Nays (0) .
Dick Benson, City Administrator, presented the SKI PROGRAM
City Council with a memo prepared by John Gerhardson,
Public Works Coordinator , concerning a Downhill Ski
Program for the Orono Golf Course dated September 26 ,
1980 .
Mayor Van Nest moved, Paurus seconded, to table until
the next Council meeting the request of William Reese
for a ski program for the Orono Golf Course . Motion,
Ayes (5) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1208
Resolution #1208 , A Resolution Directing County Auditor Navarre Water Levy
To Levy Additional Taxes For Bonds Issued For Water
Improvement No. 1970-LW-1 (A,B,C) . Motion, Ayes (5) -
Nays (0 ) .
Dick Benson, City Administrator, presented the City CITY BUILDINGS
Council with a memo from Alan Olson, City Planner, Improvements
and John Gerhardson, Public Works Coordinator, concern- �
ing City building improvements dated September 23 ,
1980 .
� Page 13
TO: City Council
FROM: Dick Benson, City Administrator
DATE: September 26 , 1980
SUBJECT: Metropolitan Waste Control Interceptor Connections
I met with Sals Adams to discuss Orono ' s wish to enter into the
interceptor at other locations other than the points designated
by the Metropolitan Waste Control Commission . I informed Mr . Adams
the additional cost to Orono would be $30 , 000 and would have to
be spread over the entire City if there was not a way to convince
the Metropolitan Waste Control Commission to change their mind.
Mr . Adams will pursue this matter and notify me by Tuesday ,
September 30 , 1980 .
�
• Page 14
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Narlan Af. Olson
S e p t emb er 2 6, 19 80 Darid E. 01son
Cit}' of Orono
Bo x. 6 6 '
Crvstal Bay, Mn . 55323
Attn: Mr. Richard Benson
Re: File No. 13903
Minnetonka Bluffs , etc.
De ar Ri ch ard,
The letter received from MWCC on September 2 , 1980 indicates that the City of
Orono will not be allowed to connect to the *iWCC force main interceptor at the
locations originallv requested . The bids received on September 12, 1980 allow
us to more accurately determine the additional cost to connect to the force
main interceptor at locations recotumended bv the "iWCC.
' .
Tne proposed location of the three connections points to the MWCC force main
and the MWCC reco�nended location is listed below:
l. Co. Rd . 51 - Present connection point 750' east of Co. Rd . 84 - MWCC
desired connection point - Gravity line @ Co. Rd. 84.
2. Co. Rd . 15 - Present connection point 2000' south of Orono Orchard
Lane Station or 17+00 - M[dCC recommends same location.
3. Co. rd . 15 - Present connection point 775 ' east of Orono Orchard R�ad
@ Sta. 95+50 - MWCC desired connection point 175' north of Co. Rd . 15 '
on Orono Orchard Road.
Tne connection points as recommended by MWCC would increase the project cost
as follows based on the low bid received on September 12, 1980.
Iacation Increased Proiect Cost
1. County Road 51 �16,700.00
2. County Road 15 Sta. or 17+00 No Change
' 3. County Raad 15 Sta. 95+50 �40,450.00
TY�e MidCC does have concern for metering of flows and may have some technical
basis for tneir recommendation for connection point I on Co. Rd. 51 . T11e con-
nection at the point recommended by MWCC would increase the per unit cost
about �1 ,400.00 and we do not feel the additional cost is warranted.
Page 1 .
708a
� , Page 15
City of Orono September 26, 1980
Crystal Eay, Mn. 55323
Re: File No. 13903 �
The MWCC recommendation on connection point No. III appears to be arbitrary
and not based on good technical information . �e project cost would be in—
creased by $40,450.00 based on the low bid recei.ved for Section II. We feel
that by negotiating a change we could possibly reduce the cost to an increase
of �1� ,000. This reduced estimate is based on other bids received for this
same work on the project. -
We do not feel tnat the City snould be required to sustain the increased proj—
ect cost . We would recommend that we pursue tnis matter further.
Yours very truly ,
BONESTR00, ROSENE, ANDER LIK & ASSOCIATES, INC.
^��(.l�+'�^�— � �a-��
Glenn R. Cook
GRC :li
Page 2.
708a
, = Page 16
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Box 66
Crystal Bay, Mn. 55323 1��,+ �1.�ti_ .. � t.�.y�,�y,.� �
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Attn: Mr. Kichard Benson
Re: File No. 13903
Minnetonka Bluffs , etc.
Sanitary S2wer
Dear Dick,
We nave reviewed the sanitary sewer force main connections to the MWCC force
main with Mr . Bernard Harrington. Mr. Harrington indicated that the City will
be allowed to connect at only those points outlined in his letter of Septem-
ber, 1980. In reviewing the reasons for not allowing the connection points
requested Mr. Harrington indicated that the tee on Orono Orchard Road was
placed at a location indicated by the City of Orono. '
We then reviewed tne additional cost to the residents of Orono due to the
greater length of force main. Mr. Harrington went into the history of the
gravity sewer change to force main and indicated that the City had created the
problem and will have to live with it,and explain that to their citizens .
Mr. Harrington will be out of town for �the next two weeks and suggested that ,
if we wanted to meet with Ray Payne and Don Bloom we could make the arrange-
' ments. '
It is my opinion that if we intend to object to �ir. Harrington 's decision, we
should use political channels rather than working with the staff.
If you have any questions, please contact this office.
Yours very truly,
BONESTR00, ROSENE, ANDERLIK & ASSOCIATES, INC.
�y�G� /�--�
Glenn R. Cook
GRC:li •
679a
REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 29 , 1980 Page 17
Dick Benson, City Administrator, presented the City GRANT APPLICATION
Council with a memo summarizing the Grant Application 1980-LS-1 & LS-2
for the sewer project 1980-LS-1 & LS-2, dated
September 25, 1980 .
Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1209
Resolution #1209 , A Resolution Approving The 1980 1981 Tax Levy
Tax Levy Collectible In 1981. Motion, Ayes (5) -
Nays (0) .
The City Council reviewed information pertinent RECONSIDER MOTION
to the motion adopted August 11, 1980 relative to 2697 Casco Point Road
the lot located at 2697 Casco Point Road.
"It was reported by Councilmember Butler that she
had been informed by several people in the neighbor-
hood that a home on a lot with an adjacent vacant lot
next door, both of which were owned in common ownership
by the same owner, was about to be sold in two parts :
the house on one lot to one buyer and the vacant lot
attached thereto as a separate lot. Councilmember
Butler expressed the fear that the seller may not be
aware of the zoning code requirement that two sub-
standard lots together cannot be sold separately, but
must be sold together as one unit, and that the vacant
lot by itself in such a situation is not buildable
since it is part of the lot with the home on it.
The City Attorney suggested that the City Council
direct the staff to inform the present property owner
and the realtor of the provisions of the zoning code
so that every interested party will be sure to know
of those provisions of the zoning code.
Paurus moved, Butler seconded, to declare the lot
located at 2697 Casco Point Road unbuildable based
upon the information submitted by Councilmember
Butler. Motion, Ayes (5) - Nays (0) . "
Mayor van Nest moved, Butler seconded, to authorize EASEMENT SETTLEMENT
the City Attorney to negotiate the settlement of an Thelma White
easement for Ms. Thelma L. White, 180 North Shore Ring Route
Drive, for the ring route, McCulley Road, not to
exceed $200 . Motion, Ayes (5) - Nays (0) .
Mayor Van Nest moved, Paurus seconded, to approve BOND RELEASE
the release of Encon Utilities bid bond in the amount Encon Utilities
of $36 , 824 . 55. Motion, Ayes (5) - Nays (0) .
REGULAR MEETING OF THE ORONO COUNCIL, SEPTEMBER 29 , 1980 Page 18
Butler moved, Hannah seconded, that the All Funds BILLS*
Accounts and Liquor Store Accounts be paid. Motion,
Ayes (5) - Nays (0) .
Mayor Van Nest moved, Butler seconded, that the ADJOURNMENT
meeting be adjourned at 12 : 10 A. M. Motion,
Ayes (5) - Nays (0) .
�� ,
G
William B. Van Nest, Mayor
l,
Attest: �/
Walter . Benson, Cit Administrator