HomeMy WebLinkAbout11-10-1980 Council Minutes CITY OF ORONO
Regular Meeting of the Orono Council, 7 : 00 P .M.
November 10 , 1980
The Orono Council met on the above date with
the following members present: Mayor Van Nest,
Councilmembers Butler, Hannah, and Hurr. Absent:
Councilmember Paurus. Also present : Zoning
Administrator Mabusth, City Engineer Quincey,
City Attorney Malkerson, Public Works Coordinator � �
Gerhardson, and City Clerk Strom. City Administrator
Benson arrived at 9 : 15 P.M. City Clerk Strom left
at 10 : 10 P.M.
Butler moved,� Hannah seconded, to approve the CONSENT AGENDA*
Consent Agenda* with all staff reports concerning
items reviewed at this meeting to be attached to
the original copy of these minutes on file in
the City Clerk ' s office . Motion, Ayes (4) -
Nays (0) .
Butler moved, Hannah seconded, that the Minutes MINUTES*
of the Special Meeting of October 8 , 1980 , be October 8 , 1980
approved. Motion, Ayes (4) - Nays (0 ) .
Butler moved, Hannah seconded, that the Minutes MINUTES*
of the Public Information meeting of September 30 , September 30 , 1980
1980 be approved. Motion, Ayes (4 ) - Nays (0) .
No comments from the Park Commission. PARK COMMISSION
No comments from the Lake Minnetonka Conservation LMCD REPORT
District representative.
No comments from the Planning Commission members. PLANNING COMMISSION
Councilmember Hurr discussed the attendance ATTENDANCE RECORDS
record of the Planning Commission members . Planning Commission
The City Council requestec� staff to prepare a
report on the members attendance records.
Butler moved, Hannah seconded, to approve the COMPREHENSIVE PLAN*
Comprehensive Plan from Hennepin County DOT &
HCPRD. Motion, Ayes (4) - Nays (0 ) .
Butler moved, Hannah seconded, to approve the LONG LAKE ADDENDUM*
Addendum to Long Lake ' s Comprehensive Plan. Comprehensive Plan
Motion, Ayes (4) - Nays (0 ) .
REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 10 , 1980 Page 2
Butler moved, Hannah seconded, to approve the CITY OF MOUND*
Comprehensive Plan for the City of Mound. Motion, Comprehensive Plan
Ayes (4) - Nays (0 ) .
No comments from the public present. PUBLIC COMMENTS
Butler moved, Hannah seconded, to adopt Resolution RESOLUTION #1225*
#1225 , A Resolution Approving The Plat Of Taylors Taylors Two
Two, A Lot Line Rearrangement For William Taylor, 2227-2229 Shadywood Rd.
2227-2229 Shadywood Road. Motion, Ayes (4) - #366
Nays (0) .
Mr. Casey was present to request permission to VARIANCE
move his dock from Tracts K & L to the shore in 2785 Shadywood Road
front of his home . #462
Mr. Casey
Mr . Casey: I do not understand open space easements.
Mayor Van Nest: We want to have an open space
easement on K & L that will preclude any dock or
boat structure there as long as you have the dock
and boat storage on your property.
Hurr moved, Butler seconded, to table the variance
application at Mr . Casey ' s request to have his
attorney review the information. Motion, Ayes (4 ) -
Nays (0) .
Butler moved, Hurr seconded, to amend Resolution AMEND RESOLUTION #1205
#1205 to change the driveway and utility easements 1484 Shoreline Drive
in favor of Lot 3 , subject to the excess driveway #541
being removed and planted; carriage house being Ministers Life
removed; and developer responsible to file the •
corrected easement. Motion, Ayes (4) - Nays (0) .
Mr . Lorge and his attorney, Louis Oberhauser were VARIANCE
present to discuss a variance at 2697 Casco Point 2697 Casco Point Road
Road. #581
Richard Lorge
Bruce Malkerson, City Attorney, asked the following
questions:
Bruce Malkerson: Is there any driveway access onto
Lot 4 , directly from Casco Point Road now?
Mr . Lorge : Most of it is across Lot 3
Bruce Malkerson: When you sold Lot 4 , did you grant
the buyer of Lot 4 at that time , a driveway �asement
over Lot 3? (Continued)
REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 10 , 1980 Page 3
Mr . Lcrge : I said that I would give them an easement VARIANCE
2697 Casco Point Road
Bruce Malkerson: Lot 3 will also have an easement (Continued)
over it serving Lot 4?
Mr. Lorge : Yes '�
Bruce Malkerson: At any time , 'to your knowledge, has
anyone ever had a mortgage on Lot 3? � �
Mr. Lorge : Not that I know of
Bruce Malkerson: Has there been a mortgage on
Lots 3 & 4?
Mr. Lorge : Yes, about three years ago
Bruce Malkerson: At that time, did you pay off a
portion � that mortgage so that they would release
Lot 3?
Mr. Lorge : No, it was not necessary because of the
equity in the property
Bruce Malkerson: So you asked them to release Lot 3
from the mortgage and they decided that Lot 3 had
enough equity in it so that they could release
Lot 3?
Mr . Lorge: That ' s correct
Bruce Malkerson: When you bought the property, you
assumed the mortgage then that was over Lots 3 & 4
at the time, or did you put a new mortgage on it?
Mr. Lorge : I think we just took a new mortgage
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Bruce Malkerson: Do you know whether or not the �
people who owned Lots 3 & 4 before you ever had a �
mortgage on Lot 3 or Lot 4? ' ;
Mr. Lorge : No, I don ' t
Bruce Malkerson: Prior to your selling Lot 3, did
anyone ever indicate to you, at any time , in any way,
that you may have problems with getting the building
permit for Lot 3 , if you sold Lot 4?
Mr. Lorge : No, I was told it was a buildable lot
Bruce Malkerson: Did your realtor tell you that,
the first realtor?
Mr. Lorge: The first realtor used the phrase
"grandfather clause"
(Continued) �
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REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 10 ;� 1980 Page 4
Bruce Malkerson: The first realtor representing VARIANCE ;
you was told before the lot was sold that you would 2697 Casco Point Road �
have to come and get approval by the Council. Didn 't (Continued) �
your realtor tell you that? �
Mr. Lorge : The house was sold first, in a cou le of �
• P �
days the lot was sold
Bruce Malkerson: Did you have a realtor involved � � '
in the trading of the house?
Mr. Lorge : Yes, Mary Robinson
Bruce Malkerson: Did Mary Robinson ever say to you
that there could be any sort of problems with the '
City or the need to get some variance from the City,
in order to sell the house with the lot, or else
to build on the vacant lot?
Mr . Lorge : The man that bought the lot was concerned
and went over to the City office and was told that
it was a buildable lot. That ' s the only time the
buildability of the lot came up
Mayor Van Nest: So, the sale of Lot 3 is contingent
upon being a buildable lot?
Mr . Lorge : That is correct
Mayor Van Nest moved, Hurr seconded, to table the
variance application of Richard Lorge and request
staff to research questions and concerns of the
Council for review by Mr. Oberhauser . Motion,
Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, tq approve the ASSESSMENT DEFERRAL*
assessment deferral for Henry Skarp, 1045 West Henry Skarp
Ferndale Road, for the 1980-LS-1 project. 1980-LS-1
Motion, Ayes (4 ) - Nays (0 ) . " .
A sewer map showing the conditions of the SEWER MAP
sewer project 1980-LS-1 & LS-2 was presented
to the City Council.
Mayor Van Nest moved, Butler seconded, to request MINNEHAHA CREEK WATER-
the Minnehaha Creek Watershed District to submit SHED HEADWATERS
more information to justify their proposal as
stated in their letter of October 23 , 1980 . Motion,
Ayes (4) - Nays (0 ) .
Letter - Pages 5-7 '
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October 23 , 1 980 �i i' �� 2 8 �� .�, I
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, ,�ITY OF OROf�O _
Mr. F:en.t Lokkesmoe , Regional Hydrologist
Dep�rtment of Natural Resources
1200 Warner Road
JL . Paul , t,N 55106
Re : �9innehaha Creek Headwaters Control Structure
DNR Permit No. 76-62�►0
Special Provision No. X
Dear Mr. Lokkesmoe :
Pursuant to the conditions of the above referenced DNR permit
approval , please consider this letter a formal request to modify
the discharge limits of the control structure as authorized under
Sections 2 and 4 of the Gray' s Bay Dam Operational Plan .
The experience gained by the District in monitoring the behavior
of Minnehaha Creek and Lake Minnetonka , as a result of managing
flows under the current operational plan , necessitate modifica-
tion of the discharge limits at the earliest possible date .
B�sis for the Requested Modifications ,
Under Section 2 of the Gray' s Bay Dam Operational Plan no
discharge is allowed between July 1 2nd November 30 when the lake
is below a "minimum" elevation . This "minimum" elevation varies
month to month� and creates a necessity to discharge a large ' '
volume of water from the lake after freezing weather conditions
occur in order to provide storage capacity on Lake Minnetonka for
the upcoming spring snowmelt runoff , and to prevent flooding of
shoreline property.
Under freezing weather conditions , ice constrictions and buildup
occurred on the creek over the winter months of 1979-80
re�ardless of the flow rate from the lake. Therefore , main-
taining an open channel over the winter may not be feasible
contrary to previous belief. In addition , minor flooding
occurred at variou9 creek reaches over the winter at a time when
no flow from the lake occurred . Discha•rge from the lake at this
time , had it been neccessary, may have had detrimental im�acts in
the downstream communities .
• , ' . Page 6
curthermore , af'ter the � 98o snc�.;r,elt runofl' was rout.ed throu�h
the laY.e , the current operati��r,�l plan required the Fates to be
closed the majority of the sunmer . The anticipated U5e o1' t;;e
� new canoeing and picnic facilities consLructed as ��art of the
project did not occur due to low creek levels . From the period
of July through September , the gates were only opened twice to
discharge water .
Nature and Extent of the Requested Modifications _
The following revision to the Gray ' s Bay Dam Operational Plan is '
requested :
Minimum Lake Level Below Which
No Discharge is Allowed Period
929 . 3 April 1 through June 30
929 , 2 July 1 through July 31
929 , � August 1 through August 15
929 , p August 16 through August 31
92g , 9 September 1 through September 15
928 , 8 September 16 through September 30
928 . 7 October 1 through October 31
928 , 6 Tdovember 1 through March 31
In addition , it is requested that the minimum discharge allowed
through the strt�cture from November 1 through March 31 be reduced
from 25 cfs to no flow.
rThe requested revisions are compatible with , and will satisfy to a
greater extent , the objectives of the current operational plan . In
addition , the District will have flexibility in gate operations
when local flooding occurs on the creek due to ice constrictions ,
and , the requested revisions will provide more uniform flows in the
creek during the open water season , thereby enhancing recreational use .
In order to successfully manage the waters of the District during
. the upcoming winter season , the modifications discussed above
should be implemented without delay.
� Fig��re 6 , attached , �is a graphic representation of- the request.ed
modifications .
Thank you for your consideration .
Very truly yours ,
EUGENE A. HICKOK A1dD ASSOCIATED
Engineers for he Di�rict
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Michael A . anzer
Geologieal Enrineer
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cc : Board of Mana�;ers
G . Macomber , Attorney
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LaY.e MinnPtonka Levels and Di,scharge Rates' �
REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 10 ; 1980 Page 8
Hannah moved, Butler seconded, to approve Change CHANGE ORDER #2
Order #2 , Nodland Construction Company, 1980-LS-2 . Nodland Construction
Motion, Ayes (4) - Nays (0 ) .
Mr . Steve Quincy, City Engineer, reviewed with STATUS - 1980-LS-1 & 2
the City Council the status of the 1980-LS-1 & LS-2
� sanitary sewer project.
Councilmember Butler reported on the progress of CABLE TV MEETING DATE
Cable TV for the community commenting that the December 4 , 1980
next committee meeting will be held on December 4 ,
1980 at 7 : 30 P.M. at the City of Orono Council
Chambers . �
Butler moved, Hurr seconded, to approve the Bond BOND SALE*
Sale for 1980-LS-1 & LS-2 on November 12 , 1980 at November 12 , 1980
7 :00 P.M. Motion, Ayes (4) - Nays (0) .
Butler moved, Hannah seconded, to approve the BUILDING IMPROVEMENTS*
construction of a ramp at the Council Chambers
with monies availabl-e from the Community Development
Block Grant Funds. Motion, Ayes (4 ) - Nays (0) .
Butler moved, Hannah seconded, to approve the REVENUE & EXPENDITURE*
Revenue & Expenditure Report, Third Quarter . Third Quarter
Motion, Ayes (4) - Nays (0) .
Butler moved, Hannah seconded, to approve the LIQUOR STORE REPORT*
Liquor Store Report, first six months 1980 . First Six Months
Motion, Ayes (4) - Nays (0) .
Butler moved, Hannah seconded, to approve the DEBOR.AH THURSTON*
letter to Ms. Deborah Thurston, Minnesota Federal Funding
Pollution Control Agency, concerning^ federal
funding, dated November 5, 1980 . Motion, Ayes (4 ) -
Nays (0) . '
Butler moved, Hannah seconded, to approve the EVELYN FLOM*
letter to Evelyn Flom, Senator Boschwitz ' s Federal Funding
Office, concerning federal funding dated
November 5 , 1980 . Motion, Ayes (4) - Nays (0) .
Butler moved, Hannah seconded, to approve the 1980 ELECTION RESULTS*
1980 General Election results. Motion, Ayes (4 ) -
Nays (0) . -
REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 10 ; 1980 Page 9
Butler moved, Hannah seconded, to approve the APPOITITMENT - POLICE*
appointment of Mark Tomczyk to the Orono Police Mark Tomczyk
Department at a starting rate of $1, 207 . 50 per
month, effective November 17 , 1980 . Motion,
Ayes (4) - Nays (0 ) .
Butler moved, Hannah seconded, to approve the FEDERAL REVENUE SHARING
general revenue sharing and anti-recession fiscal � FUNDS USE REPORT* -
assistance funds to be posted at the City Office .
Motion, Ayes (4) - Nays (0 ) .
The City Council was informed that the oral board POLICE ORAL BOARD*
for the new police officers will meet on November 8
and November 15, 1980 to choose successful candidates
by December 1, 1980 .
Butler moved, Hannah seconded, to approve the POLICE RESERVE AGREE-
Police Reserve Agreement and Appointment. Motion, MENT & APPOINTMENT*
Ayes (4) - Nays (0) .
Butler moved, Hannah seconded, to adopt Resolution RESOLUTION #1226*
#1226 , A Resolution Determinng That One Sanitary 1980-LS-1
Sewer Service Stub Will Be Provided To The Property Edward Cashin
At 1305 Shoreline Drive To Serve Only The Main
House , Edward Cashin. Motion, Ayes (4) - Nays (0) .
A memo prepared by Dick Benson, City Administrator , ORONO-LONG LAKE WATER
concerning the attached letter to Diane Gallagher,
Long Lake Mayor, concerning Orono-Long Lake water
dated November 6 , 1980 , states :
, After the attached letter was mailed to Diane
Gallagher, she called to inform me that her Council
had taken action not to join with Orono in a joint
municipal water system.
The effective date of the present water cont�act
termination is July 1, 1981. I recommend another
public information meeting with the Orono residents
being served by the Long Lake water system to be
held on Thursday, November 24, 1980 to discuss
alternatives to the present system.
Co�ncil Meeting - November 10 , 1980
Mayor Van Nest moved, Butler seconded, to hold a
public information meeting on November 24 , 1980
concerning the Orono-Long Lake water matter.
, Motion, Ayes (4) - Nays (0) . •
Letter - Diane Gallagher - Pages 10 & 11
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Page 10
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Yust Offici• I�ux fiG•Cr��Ftf+! liuy, �1inn���utr; i,.`�3�:a•!�1unici1,nl Off�r���
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November 6 , 19 8 0
N.ayor Diane Gallagher
68 Brown Road North
Long Lake , Minnesota 55356
Dear Mayor Gallagher :
In reviewing your letter of October 24 , 1980 and the City of
Long Lake ' s and Orono ' s Engineering Feasibility Studies of
our two areas located on west Highway 12 , I offer the following
comments :
The City of Long Lake ' s preliminary engineering report includes
"a recommendation that provides for a joint water system foi- Long
Lake and Orono strengthing both cities present water distribution
systems, which is estimated to cost $424 , 300 .
The City of Orono has requested an engineering study of the area
and has determined that �it would cost appro�imately $455, 400 to
construct an adequate water system in the area.
� There are alternatives to constructing a joint water' system which
would be an independent system for Long Lake for an estimated
� cost of $410 , 000 or an independent system for Orono for an
estimated cost of $200 , 000 .
Tne City of Orono could develop a plan to abandon the public water
supply in the area and allow users to establish private systems.
The City of Orono is interested in establishing a cooperative
capital program to avoid overlapping water service in our two
cities.
If we can integrate or coordinate a joint municipal water system,
it would be in both our interests to do so.
'e
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N,ayor Diane Gallagher
November 6 , 1980
Page 2
The City of Orono is interested in working out_ an agreement �
with Long Lake which will provide adequate water supply for "
domestic use and fire protection, while reducing the cost of
two projects by combining our efforts into one project .
Bonds have to be sold to finance the project and the annual
, debt charges have to be paid in equal installments over t�aenty ,
years. The _most desirable method would be to establish a water
district and retire the debt with water revenues . A reasonable
maximum rate should be set subtracting from it rates needed for
operation, and revenues needed as an annual debt service. The
use of depreciation as an integral part of fixed asset accounting
is also important and should be considered.
Diane , a water district appears to be the only solution to resolving
our current municipal water problems which will eliminate problems
that apparently surfaced with our present agreement .
I do not have any other recommendations other than continuing
our efforts in forming a district and formulating an agreement.
' ° We have held one public information meeting with our residents
served by the Long Lake water system. I am planning on holding
another meeting in December. Would you let me know of your final
decision� before then?
If you have any other suggestions in simplifying the process,
please call me .
Sincerely, � � '
,L��"�
Walt �'�-�son •
Cit Administrator
REGULAR MEETING OF THE ORONO COUNCIL, NOVEMBER 10�; 1980 Page 12
Steve Wilson, representing H. R. Johnston, LAND ACQUISITION
was present. H.R. Johnston
Hurr moved, Butler seconded, to approv� an
independent appraisal for H. R. Johnston
based on 1.2 acre site giving applicant an
additional lot. Motion, Ayes (2) - Nays (2) .
Mayor Van Nest and Councilman Hannah Nay.
Motion failed.
Mayor Van Nest moved, Hannah seconded, to accept
the City Administrator 's recommend offer of
$4 , 500 . Motion, Ayes (2) - Nays (2) . Council-
members Butler and Hurr Nay. Motion failed.
Mayor Van Nest moved, Hannah seconded, to approve
an independent appraisal based on an additional
acre being added to a 15 acre parcel creating
density of 6 lots to 16 acres. Motion, Ayes (3) -
Nays (1) . Councilmember Hurr Nay.
Butler moved, Hurr seconded, to approve a contractural ASSESSING CONTRACT
agreement with Hennepin County for assessing functions
for the City of Orono, subject to legal review. Motion,
Ayes (4 ) - Nays (0) .
Mayor Van Nest moved, Hurr seconded, to table until DNR PARKING LOT
the next Council meeting the Department of Natural
Resources parking lot item. Motion, Ayes (4) -
Nays (0) .
Butler moved, Mayor Van Nest seconded, to table until VELIE/GIBBS LAKE
the next Council meeting the Velie/Gibbs lake access ACCESS
matter for further staff review. Motion, Ayes (.4) -
Nays (0) .
Hurr moved, Butler seconded, to approve a reduction MARINA ASSESSMENTS
in assessments from $9,641 to $5, 400 for the Marina 1980-LS-1
Area. Motion, Ayes (4) - Nays (0) .
Butler moved, Hannah seconded, that the following LICENSES*
licenses, be approved: Ayes (4) - Nays (0 ) .
Carlson Sewer & Water - Plumber - Septic System
Installer
Hoglund Mechanical - Plumbing
Horwitz Mechanical - Plumber
Butler moved, Hannah seconded, that the All Funds BILLS*
Accounts and Liquor Store Accounts, be paid.
Motion, Ayes (4) - Nays (0) .
REGULAR MEETZNG OF THE ORONO COUNCIL, NOVEMBER 10 ; 1980 Page 13
An executive session was called. EXECUTIVE SESSION
Bruce Malkerson, City Attorney, reviewed with the
City Council the status of easements and appeals
concerning the 1980-LS-1 & LS-2 sanitary sewer
project and the status of matters of litigation.
Butler moved, Mayor Van Nest seconded, to reduce MINNETONKA BLUFFS
the present assessment in the Minnetonka Bluffs � ASSESSMENTS
area by $3 , 100 from $9, 833 to $6 , 700 for the
following residents by stipulation and agreement:
Richard Ford - 500 Orono Orchard Road
D. J. Dockendorf - 540 Orono Orchard Road
Roger Hawkinson - 570 Orono Orchard Road '
Herbert Meyer - 1380 Fox Street
Harry Aldrich - 1390 Fox Street
David Johnson - 500 Hanlon Avenue
David Hill - 521 Hanlon Avenue
Kevin J. Dynan - 537 Hanlon Avenue
John Massopust - 550 Orono Orchard Road
Lawrence Stinson - 1340 Fox Street
Bruce Clark - 540 Barrett Avenue
Robert Cotie - 565 Hanlon Avenue
Judith Lundberg, J. F. Koch - 1300 Fox Street
Cedric Dettloff - 1255 Dickenson Street
William Theis - 530 Hanlon Avenue
Quentin Lauer - 1205 Dickenson Street
Leonard MacKinnon - 559 Russell Avenue
Basil Young - 1225 Dickenson Street
Kent Norman - 538 Russell Avenue
Motion, Ayes (4) - Nays (0) .
Mayor Van Nest moved, Butler seconded, that the MINNETONKA BLUFFS
Minnetonka Bluffs assessment of $9 ,833 to remain ASSESSMENTS
for the following non-appella�ts:
E. H. Hamm - 485 Orono Orchard Road
Harold Carlson - 539 Keene Avenue "
Ramona Sledz - 520 Hanlon Avenue
James Ziehwein - 1295 Dickenson Street
Sears Imported Autos - 568 Keene Avenue
Andrew Goetten - 1385 Fox Street
Motion, Ayes (4) - Nays (0 ) .
Mayor Van Nest moved, Butler seconded, that the WEST FERNDALE
assessments for the West Ferndale Area in the ASSESSMENTS
amount of $20 , 197 remain as originally assessed,
no reduction. Motion, Ayes (4) - Nays (0) .
REGULRR MEETING OF THE ORONO COUNCIL, NOVEMBER 10 , � 1980 Page 14
Butler moved, Mayor Van Nest seconded, that the ORONO LANE
City Attorney negotiate a settlement with Newell Weed, Jr .
Mr . Newell Weed, Jr . , 1385 Orono Lane , as a
possible appellant. Motion, Ayes (4) - Nays (0) .
Mayor Van Nest moved, Butler seconded, that the ORONO LANE
$14 , 481 assessment for Orono Lane to remain as ASSESSMENTS
originally assessed, no reduction. Motion,
Ayes (4) - Nays (0) . •
Mayor Van Nest moved, Butler seconded, that the NORTH SHORE DRIVE
North Shore Drive and Scotch Pine Lane $18 , 466 SCOTCH PINE LANE
assessment to remain as originally assessed, no ASSESSMENTS
reduction. Motion, Ayes (4) - Nays (0) .
Mayor Van Nest moved, Butler seconded, to adopt RESOLUTION #1227
Resolution #1227, A Resolution Modifying
Resolution No. 1198 , 1210 And Attached Assess-
ment Rolls For Sewer Project 80=� and 80-2 .
Motion, Ayes (4) - Nays (0) .
Butler moved, Hurr seconded, that the meeting ADJOURNMENT
be adjourned at 11 : 20 P.M. Motion, Ayes (4) -
Nays (0 ) .
1
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William B. Van Nest, Mayor
Attest:
Walter . Benson, � y Administrator