The URL can be used to link to this page

Home My WebLink About01-26-1981 Council Minutes i. CITY OF ORONO Regular Meeting of the Orono Council , 7 :00 P .M. January 26 , 1981 The Orono Council met on the above date with the following members present: Acting Mayor Butler, Councilmembers Hannah, Hurr, and Paurus. Absent: Mayor Van Nest. Also present: City Administrator Benson, City Attorney Malkerson, City Planner Olson, and Planning Commission members Gabbour , Goetten, and Rovegno. Absent: City Engineer Cook. Acting Mayor Butler presented members of the Orono CIVIL DEFENSE Civil Defense with Certificates of Appreciation for their devotion to duty in assisting the Police Department in their daily activities. Mr . Gerald Deltz , representing the Lake Area Sports LAKE AREA SPORTS ARENA Center, discussed the sports center in general comment- ing that some cities in the lake area have pledged monies to support funding of the center and requested the City of Orono to participate in the funding process. Discussion followed concerning the construction time- table, ultimate costs and total funding commitments. The City Council concluded since the voters in the community originally voted down expending funds to construct an ice area, it would not be in the public interest t� commit taxpayers money toward building a sports center at this time . Hurr moved, Acting Mayor Butler seconded, to remove CONSENT AGENDA* numbers 2 and 3 from the Consent Agenda* . Motion, Aye s (4) - Nay s (0 ) . Hurr moved, Acting Mayor Butler seconded, to approve the Consent Agenda* , subject to removing items 2 and 3 , 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 ) . Hurr moved, Paurus seconded, to approve the Minutes MINUTES of the Regular Meeting of December 17, 1980 , as December 17 , 1980 amended. Motion, Ayes (4) - Nays (0 ) . Hurr moved, Paurus seconded, to approve the Minutes MINUTES of the Regular Meeting of January 12 , 1981, as Janua�y 12 , 1981 amended. Motion, Ayes (4 ) - Nays (0 ) . REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 26 , 1981 Page 2 Dick Benson, City Administrator , reviewed with the PARK COMMISSION REPORT City Council agenda item #11 , commenting that Mr. Lee Tomlinson, Park Commission Chairman, could not be at the Council meeting and wanted to inform the Council that the Park Commission is in favor of allocating unused Community Development Block Grant funds for a skating rink at Casco Circle and tree planting for the Bederwood Park. Councilman Paurus, Orono ' s representative to the Lake LMCD REPORT Minnetonka Conservation District, announced the Minnehaha Creek Watershed District ' s advisory committee meeting to be held on February 5, 1981 at the Orono Council Chambers. No comments from the Planning Commission. PLANNING COMMISSION Paurus moved, Hurr seconded, to approve the letter MINNETRISTA COMP. PLAN to Minnetrista concerning their proposed Compre- hensive Plan. Motion, Ayes (4 ) - Nays (0) . Hurr moved, Butler seconded, to approve the letter WAYZATA COMP. LETTER* from the City of Wayzata concerning the Orono Compre- hensive Plan. Motion, Ayes (4) - Nays (0) . Hurr moved, Butler seconded, to approve the letter LONG LAKE COMP. LETTER* from Long Lake concerning the Orono Comprehensive Plan. Motion, Ayes (4) - Nays (0) . Hurr moved, Butler seconded, to approve the letter MINNETRISTA COMP . LETTER� from the City of Minnetrista concerning the Orono Comprehensive Plan. Motion, Ayes (4 ) - Nays (0) . Hurr moved, Butler seconded, to approve the letter METROPOLITAN COUNCIL* to Sherri Buss, Metropolitan Council concerning COMP . LETTER Orono ' s Comprehensive Management Plan dated January 21, 1981 . Motion, Ayes (4) - Nays (0) . Hurr moved, Butler seconded, to approve the letter CHARLES WEAVER LETTER* from Charles Weaver, Metropolitan Council, concern- Comp. Plan ing Orono ' s Comprehensive Management Plan dated January 14 , 1981. Motion, Ayes (4 ) - Nays (0 ) . No comments from the public present. PUBLIC COMMENTS REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 26 , 1981 Page 3 Alan Olson, City Planner, reviewed with the City SUBDIVISION Council the request for a subdivision for Bruce 2605 West Lafayette Rd. Hepp, 2605 West Lafayette Road. #545 Acting Mayor Butler noted for the record that Bruce Hepp Mr . Thomas Lowe submitted a letter commenting that he and his attorney will be out of town this evening and Mr . Lowe is requesting the matter be tabled until the next Council meeting. Acting Mayor Butler continued by commenting, I would like to have staff prepare a resolution for our next Council meeting. Acting Mayor Butler reviewed Mr . Franz Jevne ' s letter dated January 12 , 1981 . Letter - Pages 4-11 Acting Mayor Butler commented that if a resolution is prepared, it will be subject to no variances to be approved. Hurr moved, Paurus seconded, to deny earlier application as an alternate plan creating two lots #1 and #2 , and denying riparian access to the lake- shore. Motion, Ayes (3) - Nays (0) . Councilmember Hannah abstained. Butler moved, Hurr seconded, to authorize staff to prepare a resolution for the next Council meeting to include all pertinent information documented to date addressing hardcover, setbacks, pond is not navigable water for future dredging, no variances allowed, utility charges, park dedication fees, and all application fees to be borne by applicant, at which time, the City Council will vote the resolution up or down. Motion, Ayes (3) - Nays (1) . Councilmember Paurus Nay. Mr. Louis Oberhauser reviewed his client ' s, Richard VARIANCE Lorge , 3697 Casco Point Road, application for a 3697 Casco Point Road variance, and his letter dated January 14 , 1981. #581 Richard Lorge Acting Mayor Butler: h7r . Oberhauser , what is the stated hardship? Mr . Oberhauser : The hardship is denying my client ' s right to develop his lot. I believe the judge will have to determine who is right. Mr . Lorge : We feel the City should inform everyone through their chain of title if lots are buildable or not. Acting Mayor Butler: The City cannot notify every- one of this type of situation and advise adjacent homeowners to purchase an unbuildable lot. Acting Mayor Butler moved, Paurus seconded, to conceptually approve a resolution to deny Mr . Lorge ' s application requesting staff to finalize drafting of a resolution for the February 11, 1981 Council meeting. Motion, Ayes (4 ) - Nays (0 ) . �''S"�'S '' MACKALL , CROUNSE & MOORE Page 4 L A W ❑F F 1 C E S �►O�D [ NCISOw • . .'. - O�N�lO �.wO�R[�+ � � ' • _r�5 •. �.L�.�C• �•[oc��[■ I.tHOoLON �600 TCF TOWER , ,J�M(f 0. N�NN�M � wiNs1.0�+ c. i+u�+So�+ 121 SOU7�+ EIGNTH STFEET ClA♦ •. MODRC [nwMowr, sc�w�o MINNEAPOl15, MINNESDTA 55�+D2 �c�•• • �•c�•.. ��ees �>>�, V�► Y, MIpG�Mf IaC[[�' � C�+OUNSC ��693-�9��1 lOw[NS O. �w�NCSf�O �CL[�'tiOr+C1L�7�J77 �7�� •Co�• ` "7�wC1�B9�.�969• M'OOOOUwr r.,�NDwEwS G(O R G C ■. •.J O M N 5 O N 1 L l C• 7•' .1 y p� AOG[• v. S7�GECCRG ' . �►V • . ' •wow[w �. Ci�w■ � ��r+[ •.OvOrt�� , n /� /�f �/ �O�[A7 O.G�SvOLD ( r ( ...�„�.. [.INGOCA January 12 , 1981 • ^� /N�NS ►. JCVNC III /� � Gw�GD�rJ,PULlCS V MIIPT�N V •�OCIOTT ' wOCC�T S.ICC �o�� e.�u..00u�s* J��+[5 T. S++CNSON � [w�C O.�+��SOti MICM�CIS. �ROST . OONNA L,RDC�CK � STCPMCN �, GYINN�LL � 7M0�+�5 f, pOUGw[qT♦ ��M[�• S. G�GNON S�MOA• J.M�N71N Mr. Bruce Malkerson . Orono City Attorney Popham, Haik, Schnobrich, Kaufman & Doty, Ltd . 4344 IDS To�•�er Minneapolis, ?�linnesota 55402 Dear rir. Malkerson : Re : Bruce Hepp; Sui�division Pursuant to our conversai�ion the other aay, ��e are submitting the following memorandun ` letLer in support of ' Mr. Bruce Hepp' s application to subdivide Lot 9 , Shore �lills, in the City of Orono, into two residential �arcels. ' . The pertinent facts that should be considered in connection with this application are as follo�.as : �� 1) Lot 9 consists of 2 . 8 acres , or 121 , 568 . „r square feet. 2) Lot 9 is b}� far tlle largest lot in the existing Shore Hills Subdivision . �� comparison ��ith all �s.AKL other lots in the immediate are<� rcveals thc following figur�s , � which werc comp�led hy the Citv Plan�iing staff : Sruare . Lot No. Owner Footage Shoreline 9 B. Hepp 121 , 568 280 R.L.S . 131 R. Bai�m�ardner 30 , 750 Unknolvn Tract C R. L. S. 131 E. Dygert 2� , 480 160 Tract B Page 5 MACKALL, CRDUNSE a. MOORE J � Mr. Brucc Malkerson January l2 , 1981 Page Two Sc�ua re Lot No. Owner Footage Shoreline , R.L.S . 131 M. Fraser 2^0 , 440 120 Tract A 11 L. Phillips 56 , 100 220 12 T. Lowe 61 , 320 280 13 T. Lowe 39 , 050 190 15 V. Tukus 67 , 398 ;vot applicable 16 P. 1•�uesman 49 , 392 Not �:pplicable 17 D. Lyman 50 , 160 Not apolicable 18 D. Ly-man 48 , 312 Not applicable R. L. S. 1468 r1. rlorris 9G , 904 100 Tract n R.L.S . 1468 J. Hannah 25 , 568 120 Tract B 20 , part D. Holstad 46 , 575 hot aoplicable of. 19 - - 20 P. Cameron 48 , 575 Not applicable 21 - K: Dial 51 , 208 Not applicable 3) Tnere is an established history i� this development area of permitting lot subdivisions . Specifically, Lot 10 was subdivided into three separate lots contained in R. L. S. 131. Lots 8 , 19, and 20 were divided to create four �9�" separate residential parcels. Lot 18 and part of Lot 19 were divided into R. L. S. 1468. Part of Lot 19 and Lot 20 were used to create the Holstad and Cameron lots. Moreover , there is an established precedent in this development area for the division of residential lots so as to permit lake access to a lot that would. not otherwise be entitled to the same (for example , R. L. S . 1468 creating the unique parcels existing on Lots 8 and 19) . Page 6 . M A C K A L L, C R O U N S E 'JS� M O O R E Mr. Bruce Malkerson January 12 , 1981 Page Three 4) There is an established history in the City of Orono generally of permitting reasonabi�e private lot sub- Gt�� divisions , and for the creation of multiple lots with I.ake access d1�KL in place of one. 5) The four lots on either side of Lot 9 (R. L. S . No. 131 , Tracts 11, B, and C and R. L. S. No . 14G8 , Tract B) are all the result of subdivision approved by the City of Orono. None of these four lots meets the minimum area prescribed for property in a LR-1B district , and two of the G1� four have less than the prescribed la}:esliore frontage according to City calculations (although the bay/pond in front of the Hannah homestead has been officially described by the City as " lakeshore" ) . Three of tliese four lots are served solely by private driveway easement access to the cul-de-sac at tize end of West Lafayette Road. � 6) rir . and rirs . Hepp purchased Lot 9 in 1971 no �a"� and resided on the property aiid occupied it as tlieir :zomestead through January 2 , 1981. 7) On January 2 , 1981 , :�ir . Hepp and his fa�nily ��vQ /_ _ were transferred by his employer , IBr�S, to Milan, Italy, for a '"�`� period of three years. � 8) Mr. Hepp desires to subdivide Lot 9 into , two parcels so that the parcel with its original residence � thereon may be sold (the sale to 1�4erri1l, Lynch Relocation � < Management, Inc . having already been negotiated and reduced �,�„t�� to written agreement) , and the newly crLated parcel may be � occupied by Mr. Hepp and his family upon }:is return from Italy. Sv� �v R/�/""""" 9 At the time he urcn3sed Lo� 9 , Mr. Hepp ) P n°��/�_, considered the property to be divisible , and -he planned from "•7r` that time for�aard eventually to subdivide the property. 10) Lot 9 is the only single lot in its �� neighborhood which has sufficiert area to contain two lots complying with the LR-1B requirements . �aft�+�•t. � �� ''� ��j � �� 11) Lot 9 has sufficient " lakeshore" , includ- ing that "lakeshore" along the bay or pond on the north side �Z;i�� of the lot, to permit the creation of two riparian lots with lakeshore access. , 12) �ir. Hepp desires to retain lakeshore : �'�p access for the newly created parcel , and is willing to abide Page 7 '� Q MACKALL, CR OUNSE c� MOORE Mr. Bruce rlalkerson ' �anuary 12�, 1981 Page Four by any reasonable limitations suggested by the Cit�� of Orono ' in order to exercis� such access in a way that is consistent with Orono lakeshore planning and which would have the minimum impact on the Lake and surrounding properties. ' �1 � 13) Mr . Hepp desires the approval of his S�'�a.,,� proposed subdivision even if "lakeshore" access is denied other �,�Z�� than to tl�e bay or pond on the north side of the property. 14) There are no existing deed restrictions which prohibit the suhdivision of Lot 9 (any such restrictions a9KL 1_,f-�being, in any case, irrel�vant to the determination of the p�✓rotls r�� city) . �tJ"'�.�� 15) The City Administrator has indicazed that �5 i?.�1 there is no problem �vhatsocver involved in providing an /Q� additional sewer and water connection for the ne�•�ly created ^� ��O>�''�` parcel. � 1G) There has been no evidence presente3 to the Planning Cora,-�ission or the City Council indicating that �M,�r+ t�e newly created parcel with lakeshore access wovld cause or �P create any undesirable environmental impact either on the Lake or the rest of the neighborhood . � 17 ) West Lafayette Road is a street with � extremely Iow traffic volume. There have never been an�� traffic or access difficulties reported in connection with the private driveway serving the residences which are �art • of R. L. S . No. I31. . 18) Permitting the requested sub3ivision would not create any additional traffic or access problems, as the ; � � J'd physical characteristics of the access available to the occupiers � � �,�/� of Mr. Hepp' s former homestead and to Mr . Hannah would remain ��! fi��'�7� unchanged. ,��4�'` �' 'j�� by 19) There are various other areas in Orono where two or three residences or more are served by a single private driveway or road, and where an approved subdivision �q�' plan has contemplated the service of multiple residences by � private driveway or road. 20) The opponents of the proposed subdivision have not presented any evidence that the approval of the sub- ��A�� division will adversely affect their enjoyment of their Page 8 Q MriCKALL. CROUNSE b MODRE � • Mr. Bruce Malkerson . � January 12, 1981 _ Page Five properties, or the h�alth and welfare of tlle neighborhood or • community as a whole. rir. Hepp has resided in the neighborhood for nine years, has expressed his affection for the neighborhood and his concern for the welfare of the neighborhood, �and has � demonstrated these feelings by manifesting his intent to return to th� neighbor�ood to a new l�or.le which would b� located and constructed in � such a way as to raaintain and benefit the neighborhood. ' 21) The Orono Planning Commission, .at its meeting of November 17 , 1980, recommended approval of D1r. Hepp' s application base upon the follo�oing findings: kqN[�- a. There was sufficient surface area for the � � tGS subdivision ti=ithin the restrictions of ��r LR-1B zoning ; b. There were no �•�ater or sewer problems; c. There is adequat� street area to serve three lots ; and d . There were several hardships to Mr. Hepp to be considered : (lj Lot 9 is on a cul-de-sac which has limited frontage on. a public street; and • (2) The City created the access ease- ment for the Hannah lot. The Planning Commission also approved P�Ir. Iiepp' s request for riparian access by walkway easement based upon the following findings : a. The lagoon is part of the Lake; b. Tlze definition of " lakeshore" c3oes not include any distinction between navigable and non-navigable shoreline; c. The City has previously granted lakeshore access via ctialkway easement (as in the case of the Hannah propert}�) ; Page 9 MACKALL, CROUNSE d� MD ❑ RE � L . Mr. Bruce Malkerson January 12 , 1981 Page Six d. The subject property r�eets the require- ments for t�vo riparian access lots; and e. A horizontal subdivision of the property with walkway acc�ss is environmentally more desirable than vertical subdivision. The Planning Commission made its recommendation for approval by a vote of 4 - 0, and after deliberating over the matter since April 1980. Municipal authority to regulate the subdivision of land is created by the provisions of enabling legislation in the form of the subdivision ordinance , k�hich, in this case, is Chapter 39 of the Municipal Code of Orono. The local legislative body, the Orono City Council , has the authority ,L to impose conditions upon the subdivision -of land, so long a��"'" as such conditions are within its delegated powers and are reasonable. Such a legislative body has no power, ho�oever, to impose conditions which are not c•:ithin its delegated authority or applicable legislation. ':he conditions imposed ��q� must be reasonable in light of the particular subdivision in � � issue. See 82 l�m. �Jur . 2d, Zoning and Planning, Part D, � §§ 163-168 . As in the case of other zoning decisions , the approval or disapproval of a subdivision request will not, be disturbed unless it is found to be unreasonable,� arbitrary, capricious, or in violation of statutory or constitutional provisions. Where a subdivision ordinance specifies standards to which a proposed plat_ must conform, it is arbitrary and . capricious as a matter of law to deny approval of a plat which complies in all respects with the subdivision ordinance . National Capital Corporation v. Village of Inver Grove Heights, 222 N. W. 2d 550 (1974) . In this case , the applicable ordinance contains a special section governing the right of a residential homeoc•m er � to divide I�is property on� time into two lots or parcels without 1 the necessityo uf complying fully with the platting ordinance . �S�yd.��y The Municipal Code of Orono, § 39. 021 provides that such a v�'�► �1'� homeowner is entitled so to divic�e his property upon findings '��" t ha t: � �,�Z1 ,,,,�/, / a . A residential �tructure li�� k�ithin the ��, �- ,y`,�"P-� a lot to be divide�? ; �' y" pl �� L'� � y �,,') �,,� J �� 1� � ��, dS � � � �'�t ,� r � �d � ,� d�t � , � � �� ,�� d � � �,,c, / q.� ,.R'`�' � s� ,� � 3 � �� i h''" ►•�� r.. � l� ,�., �/ .. � n Page 10 MACKALL. CROUNSE c5� MDOR;� r9r. Bruce Malkerson Jznuary 12 , 19fl1 Page Seven b. The subdivision will not be detrimental . to the public welfare or injurious to , other property in the area; and l� � c. The variai�ce is necessar for the �P � y /� � preservation and enjoyment of a sub- ♦�� Ir stantial property right of the �,�•� applicant. The Ordinance further directs that the Council should consider the proposed use of the land, the existing use of the land in the vicinity, the number of persons to reside in the proposed subdivision, and the probable effect of the subdivision on traf f ic . ' It seems patently clear that Mr. Hepp' s ��" application complies in all res pects with the standards �� contained in the Ordinance. i•ir . Hepp ' s present home lies within the lot to be divided. There has been no showing that this request wili be in any way detrinental to the public welfare or injurious to any other property. The subdivision is necessary for the preservation of Mr. Hepp' s right to use and enjoy his property. In regard to this final factor, it should be � � pointed out that because of Mr. Hepp ' s move to Italy, it is an economic necessity that he sell his existing residence. He desires to return to this neighborhood upon his return, and his only opportunity to be assured of doing so is to be able to divide this property and retain a locati-on to build _ a home upon his return. rlr . Hepp' s lot is huge, even by the extravagant standards of his neighborhood, and he, like any other residential landowner, should b� entitled to the full use and economic benefit of the entire parcel , particularly when there is no adverse imoact upon the community or any other landowner as a result of the full use of his property rights. With respect to the other factors set forth in the Ordinance, it should be noted that : 1) The proposed use of the land is identical �� to its present use and the use of all other parcels in the � vicinity; � � 2) The numher of persons that will reside on � � the newly created parcel will be four : Mr. and Mrs. Hepp, �o � and their two �hildren , t�eather , 11 , and Jason, 9. 5�6/� t, �,r,''"'j'� Page 11 • M A C K AJ L L. C� O U N S E d� M D ❑ R E Mr. Bruce Malkerson January 1.2 , 1981 Page Eight _ �� 3) There will be no demonstrated effect on �„1�'� � traffic in the vicinity, as the area is already such a low �� traffic neighborhood. I have had an opportunity to review the Report �� dated December 30, 1980, prepared by Alan P. Olson , the Orono �� ✓� City Planner. Mr. Olson has identified two features of the , �+'f e o proposed subdivision �ahich vary from the requirements of the �� `� � � zoning ordinance. Interestingly, riparian lake access is not ��j � an aspect of nonco formity. j�� ar�"5tu�d��1 tsSv�.u� 'I��'�t. � `�~ � a � ��r" I wish to take issu� coith rir . Olson' s conclusions that the newly created lot does not meet the Code requirements G � � relating to lot width. I should, p�rhaps, firs� note that Lot 9 �as it is presently constituted does not meet lot �oidth require- ��tl ' ments set out by Mr. Olson, even though it is a very �vide parcel, !�� 2 . 8 acres in size. A careful reading of the statutory def inition `�� ''",�rr/` of lot width I believe contradicts r1r. Olson ' s interpretation 51� of the law in this case . The Code , � 30 . 040 , defines "Lot r� �9idth" as follows : �/✓'i'Y "The maximum horizontal distance between ��{ �� )„p.� �,'�. the side lot lines of a lot measured �*r �1�`�,�;��fi a`1,��,5 parallel to the f ront lot line and at the �'S �I��,S �r�a^• rear of the required front yard. " ,��5 ��►'� First, it is unreasonable to construz the front lot line to be ' ��' ��''� � orrly the 40' section which enters into the cul-de-sac . Second, ` t�` even if that construction were reasonable, the definition of _ width permits the measurement tr� be made o� the "maxinum horizontal distance between the side lot lines , " to tne rear of the 35 ' front yard area. I submit that language clearly autnor- izes the measurement to be made at the �aidest point behind t;�e � front yard line . �s�' . Based upon the aUove analysis , it is our opinion that it would be indeed unreasonable to deny to P7r. Hepp approval of his good faith request. I would be happy to discuss this further with you at any time. Very truly yours, I�'lACKALL, CRnUP1SE b MOORE � ,A !, �- � +1 ` � f ,�1 � �/Q�_.�" • i:�,'�,�_t, By �, _ __ . FYan¢ P . .7��ne, �ZII � 1 � i � � � REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 26 � 1981 Page 12 Butler moved, Hurr seconded, to adopt Resolution RESOLUTION #1242 #1242, A Resolution Approving A Subdivision Of Land Luce Line Access Owned By The City Of Orono For Sale To The Minnesota Department Of Natural Resources, as amended. Motion, Ayes (4) - Nays (0) . Butler moved, Paurus seconded, not to adopt a ZONING MORATORIUM moratorium ordinance concerning subdivisions, variances, and conditional use permits in lakeshore zoning districts. Motion, Ayes (4) - Nays (0 ) . Paurus moved, Hannah seconded, to adopt Resolution RESOLUTION #1243 #1243, A Resolution Requesting Approval For CDBG Funds Reallocation Reallocation Of Community Development Block Grant Funds, amended to include $2 ,000 for a skating rink at Casco Circle Park and $2, 109 . 37 for planting trees at Bederwood Park. Motion, Ayes (4) - Nays (0 ) . Dick Benson, City Administrator , reviewed with the SANITARY SEWER EXTENSION City Council a letter received from the Metropolitan Minnetonka Bluffs, etc. Waste Control Commission dated January 12 , 1981 , which states: "The Metroplitan Waste Control Commission has reviewed your application for a sanitary sewer extension for Minnetonka Bluffs, Ferndale Road, etc. This project is in accord with your comprehensive sewer plan (CSP) and consistent with the Metropolitan Urban Service Area. We will file this project as part of your CSP and inform the Minnesota Pollution Control Agency that we have no objections to the installation of these facilities. " End of letter Dick Benson, City Administrator , reviewed with the SANITARY SEWER SYSTEM City Council a letter from Glenn Cook, City Engineer, 3701 Shoreline Drive concerning 3701 Shoreline Drive , Nelson/Crear, dated January 13 , 1981 , which states : "We have reviewed the sanitary sewer system relative to the addition of a 7, 000 sq. ft. office building at 3701 Shoreline Drive . The existing sanitary sewer system is adequate for normal sewage flows but flooding of homes has been experienced at times of heavy rainfall . The City is presently studying the sanitary se.wer system to identify sources of inflow and infiltration which will be eliminated if determined cost effective . (Continued) REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 26 , 1981 Page 13 "The sanitary sewer system was designed for 450 units SANITARY SEWER and is presently serving 410 units. The addition of 3701 Shoreline Drive this office space will add an equivalent of 20 units. (Continued) The addition of the office building will increase the normal sewage flow discharging into lift station six by five percent. The lift station is presently gumping at about 50 percent of capacity and this will not change significantly with the addition of the office building. " Paurus moved, Butler seconded, to request the City Engineer to review his report and submit to the City Council the complete hydraulic load of the inflow and outflow sewer pipes and an I & I study of this particular area. Motion, Ayes (4) - Nays (0) . Dick Benson, City Administrator, commented that a LONG LAKE WATER report will be submitted at the next Council meeting concerning the Orono-Long Lake water matter. Dick Benson, City Administrator, reported that the TRAFFIC SIGNAL City is proceeding with easement acquisition, #12 & Old Crystal Bay which will be completed as scheduled for the traffic signal at Highway 12 and the Old Crystal Bay Road. Acting Mayor Butler announced that the next Cable CABLE TV MEETING TV Committee meeting will be held February 12, 1981 at the Orono Council Chambers. No report from the transportation representative . TRANSPORTATION Hurr moved, Butler seconded, to approve a refund REFUND* to Frances Slane , Bear Flag Restaurant, in the Bear Flag Restaurant amount of $41 . 65 . Motion, Ayes (4 ) - Nays (0) . Hurr moved, Butler seconded, to approve a refund REFUND* to Hildur Hollander for an unused escrow fee in Hildur Hollander the amount of $846 . 57. Motion, Ayes (4 ) - Nays (0 ) . Hurr moved, Butler seconded, to adopt Resolution RESOLUTION #1244* #1244 , A Resolution Requesting Hennepin County Fox St. & Old Crystal Department Of Transportation To Place A Stop Sign Bay Road Stop Sign At Fox Street And Old Crystal Bay Road. Motion, Ayes (4 ) - Nays (0) . REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 26 , 1981 Page 14 Hurr moved, Butler seconded, to approve the date JOINT MEETING DATE* of February 4 , 1981 at ? :30 P.M. for a joint Council February 4 , 1981 and Planning Commission meeting. Motion, Ayes (4 ) - Nays (0 ) . Hurr moved, Butler seconded, to approve the monthly SUMMARY OF RECEIPTS, * Summary of Receipts, Disbursements & Balances for February-May, 1980 February, March, April, and May, 1980 . Motion, Ayes (4 ) - Nays (0) . Hurr moved, Butler seconded, to approve the Year to YEAR TO DATE SUMMARY* Date Summary of Receipts, Disbursements & Balances February-May, 1980 for February, March, April, and May, 1980 . Motion, Ayes (4) - Nays (0) . Hurr moved, Butler seconded, to approve the INVESTMENTS* Investments of June, September, and December, 1980 . June , September, & Motion, Ayes (4) - Nays (0) . December, 1980 Hurr moved, Butler seconded, to approve the date BOARD OF REVIEW* of Thursday, June 11, 1981 at 7 : 30 P.M. for the June 11 , 1981 Board of Review. Motion, Ayes (4) - Nays (0 ) . Hurr moved, Butler seconded, to approve the part- PART-TIME EMPLOYMENT* time employment of Pam Sutton as a typist and Pam Sutton clerk�at a starting rate of $3 . 50 per hour . Motion, Ayes (4) - Nays (0) . Hurr moved, Butler sec�nded, to approve the report PAINTER''S CREEK* concerning the Painter ' s Creek Advisory Committee . Motion, Ayes (4) - Nays (0) . Dick Benson, City Administrator, informed the City CITY FORESTER Council that due to the recent resignation of Gerald Applications Beach, City Forester, it will be necessary to advertise for and receive applications to fill that position. After applications have been received and reviewed, I will submit a recommendation for a replacement for Mr . Beach. Butler moved, Hurr seconded, to approve changing certain COUNCIL MEETING DATE; Council meeting dates to February 11 , May 27, and October 14 , 1981, due to conflicts on regular meeting dates. Motion, Ayes (4) - Nays (0 ) . REGULAR MEETING OF THE ORONO COUNCIL, JANUARY 26 , 1981 Page15 Butler moved, Paurus seconded, to accept the City ORONO-LONG LAKE WATER Administrator ' s report concerning the Long Lake- orono water matter. Motion, Ayes (4) - Nays (0) . Paurus moved, Hurr seconded, to adopt Resolution RESOLUTION #1245 #1245, Designating Annual Salary For Dick Benson, Annual Salary City Administrator , effective February 1, 1981. Dick Benson Motion, Ayes (4 ) - Nays (0 ) . Hurr moved, Butler seconded, to approve the LICENSES* following licenses: Motion, Ayes (4) - Nays (0) . Cigarette Jimmie ' s Lounge - Jimmie Holtz Keaveny ' s Navarre Drug - Richard Keaveny Little Oak Market - Delton Brily Navarre Bowling Lanes - Don Scherven City of Orono - Orono Golf Course Spring Hill Center - Jude Vending Tyra 's Navarre Super Valu - Edward Fink Wayzata Country Club - Hugh Roy Morris Plumber The Plumbing Place, Inc. Hurr moved, Butler seconded, that the All Funds BILLS* Accounts and the Liquor Store Accounts, be paid. Motion, Ayes (4) - Nays (0) . Butler moved, Hannah seconded, that the meeting ADJOURNMENT be adjourned at 9 : 40 P.M. Motion, Ayes (4) - Nays (0) . , � / �� William B. Va Nest, Mayor Attest: � Walter Benson, City Administrator