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HomeMy WebLinkAbout08-23-1993 Council PacketMINUTES OF THE REGULAR ORONO COLWCIL MEETING HELD AUGUST 23, 1993 ROLL The Council met on the above date with the following members present: Mayor Edward Callahan, Councilmembers Gabriel Jabbour, J. Diann Goetten. Charles Kelley and JoEllen Hurr. The following represented staff: City Administrator Ron Moorse. Public Works Director John Gerhardson, Building and Zoning Administrator Jeanne Mabusth, As‘-istant Planning and Zoning Administrator Michael Gaffron, Police Chief Stephen Sullivan, City Attorney Kevin Staunton, City Engineer Glenn Cook and Recorder Lin Vee. Mayor Callahan called the meeting to order at 7:30 p.m. (ijfl) CONSENT Kelley removed Item itXZ. It was moved by Hurr, seconded by Goetten, to approve the Consent Agetida as amended. Ayes 5, nays 0. Motions for all items adopted by Consent Agenda will be included in the minutes in their respective numerical order. (*2) APPROVAL OF MINUTES It was moved by Hurr, seconded by Goetten, to approve the minutes ot the August 9, 1993 Council meeting. Ayes 5, nays 0. PARK COMMISSION COMMENTS Mayor Callahan asked Park Commission Chair Dick Flint to hold his comments until discussion of Item ^11. LAKE MINNETONKA CONSERVATION DISTRICT There were no comments as there is no representative. PUBLIC COMMENTS Henry Fivvu.nc*- of 360 Leaf Street stated that PCI. in the process of fi.xing an easement, tore up his b.ini., astr.! his dirt that was to be used for filling septic tanks for fill and bulldozers used his property throughout construction of the sewer system. When PCI left, Furchner asked when they would repair the bank. PCI said they would send someone back to fix it. When they did not appear by 4:00 p.m. that Friday, he called City Hall and tried to talk to John Geihardson or Harlan Olson who were unavailable. He then talked to Gerhardson on Monday and the Ix ‘af Street culvert was taken care of but repair is still needed on the south side ot h:s propeny. MINUTES OF THE REGULAR ORONO COlfNCIL MEETING HELD AUGUST 23, 1993 PUBLIC COMMENTS - COIST. PCI also indicated that it would be repaired when they had dry weather. Furchner felt there had been 4 days of dry weather and something should have been done. Gerhardson told Furchner that the person who said it would be repaired when there was dr>' weather did not have the authority to give that information. Gerhardson explained that PCI does .semi-finish grading on all properties in the project and this has been done to Furchner’s property as well. PCI will then come back with pulyerized dirt (topsoil) to complete the work before sod is placed. This has not been done yet in any part of the project. Gerhardson was unaware that din had been used from Furchner’s property. Cook thought it would be the end of next week before PCI would be able to get in to finish the topsoil and sodding. Goetten asked that an answer be given to Mr. Furchner as soon as possible. Callahan asked that Furchner’s property be completed and a report given to Councilmembers by the next meeting, September 13, 1993. Ilurr also asked for information as to when Stubbs Bay Road would be completed. ZONING ADMINISTRATOR’S REPORT (#3) #1780 CITY OF ORONO, 1000 OLD CRYSTAL BAY ROAD - PRELIMINARY SUBDIVISION - RESOLUTION #3315 It was movcH by Callahan, seconded by Jabbour, to adopt the resolution presented except that Item #3 from the findings of fact should be removed since the report by Schirmers is not pertinent to the resolution. Kelley asked where people who want to use the park would park their vehicles. Callahan understood there would be available parking in the southwest comer. Kelley asked at what point the City would require this road to be paved and brought up to City standards. Mabusth stated the subdivision regulations deal only with the trigger of residential units so if the residential lot is subdivided, it would only be at the third lot, based on residential development, that would require upgrading. She felt it would be up to the City to make that determination as the park is developed. Kelley thought the park was acting like another residential unit. It is Callahan s understanding that if the road benefits the property ow'iiers, they could be assessed their fair portion. Mabusth asked Council to provide direction on whether the landowner will be responsible for sharing in the maintenance of the private driveway. An easement for the driveway is provided on City land. Jabbour thought the City should maintain it in the summer but the homeowner should plow in the winter. The City must maintain this drive to access the MWCC lift station, llurr asked if this drive was currently maintained by the City. Mabusth stated the issue of maintenance was brought up at the Planning Commission meeting and was to be resolved by staff. In discussions witli the Public Works Department, they said they would assume maintenance of the roadway. Gerhardson added that maintenance can be whoever arrives first. MINUTES OE THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 23, 1993 ZONING FILE #1780 - CONT. Jabbour thought it would be unlikely that the landowner would want to wait for die City to plow a private easement of low priority and would want to hire his own service. Me thought the City could plow this road if it needed to access the lift station, otherwise the landowner should assume responsibility for accessing his property. Hurr asked if there was an agreement with the MWee to plow this easement. Gerhardson replied that whoever is there first takes care of it and it is just a handshake. The City currently has no use for the road except where the park will be in the back. Hurr noted that the park would probably not be used in the winter so the MWee would plow the road if it needed to acce.ss the lift station. Gerhardson agreed. iJince there is no obligation on the part of the City to plow the road for the MWCC, it should be the responsibility of the landowner to plow. It was moved by Callahan, seconded by Jabbour, to amend Page 2, Paragraph 2 of the resolution to state that the City will nm assume tlie responsibility for the regular maintenance of the private driveway and future owners shall be responsible for maintenance of the private driveway. Ayes 5. nays 0. Hun asked if the landowner was responsible for maintenance if that removed the ability ot the City to improve it in the future if they wished. Callahan stated the City still owns the property, only an easement exists for the landowner. Kelley asked at what point the chain gate would be removed. Gernardson responded that a directive from the City Administrator would probably be appropriate. (•#4) #1841 WILLIAM AND LORI CORNELIUS, 960 TONKAWA ROAD - VARIANCES - RESOLUTION #3316 It was moved bv Hurr, seconded by Goetten, to adopt Resolution #3316 for applicants William G. and Lori Cornelius, 960 Tonkawa Road granting variances to permit a section of a former roadbed located within the lakeshore protected area to remain and to be upgraded as pan of a loop driveway. The former gravel roatlhal is located 50’ from the lakeshore where a 75 ’ .setback would be required and will result in 1200 s.f. ot pemianeni hardcover where no hardcover is allowed. Ayes 5, nays 0. (#5) #1848 CITY OF ORONO, 1940 SHORELINE DRTV^/IOOO OLD CRYSTAL BAY ROAD - COMP PLAN AME.NDMENT - TRANSMITTAL TO MET COUNCIL Callahan explained this application for the City of Orono is related to a Comp Plan Amendment and documents to be transmitted to the Met Council connected with changing the MUSA boundaries and including two stubs for the Melamed propenv and one tor the Nettles property. MINUTES OF THE REGUI.AR ORONO COUNCIL MEETING HELD AUGUST 23, 1993 ZONING FILE (5^1848 - CONT. It was moved by Callahan, seconded by Jabbour, to direct staff to submit a formal request to Metropolitan Council for approval of City of Orono Comprehensive Plan Amendment No. 5. Ayes 5, nays 0. Kelley questioned Gaffron’s reference in previous memos to rural clustered neighborhoods that may need sewer because of soil problems and small lots. He asked if there was any impact from the current application to be considered for the future neighborhoods. Callahan referred to a packet of information previously received by Councilmembers regarding the area near the Nettles property. Fox Ridge, etc. (#6) #1849 ESTATES OF BARBARA B. LUND AND RUSSELL T. LUND, HI, 905 TONKAWA ROAD - VACATION OF SEWER EASEMENT - RESOLUTION #3317 No representatives were present. Mabusth explained that this is a vacation that was required at the time of the preliminary subdivision approval of the two-lot plat of the Russell Lund and Barbara Lund estates. The sewer easement serves no public purpose and was probably dedicated at me time of the original subdivision. Staff recommended the vacation of the easement. It was moved oy Hurr, seconded by Goetten, to remove the sewer easement as noted in application #1848. Ayes 5, nays 0. (#7) SEPTIC UPGRADES WITH BUILDING PERMITS - OPflONS Gaffron reviewed the staff recommendation regarding septic system repairs with the application of building permits. One of the most critical issues before issuing a building permit is determining that current and alternate septic svstem sites will not be destroyed. Gatlron would recommend that projects that are emergency repairs would be given 2 lull years lor site evaluation and 2 lull years lor a system upgrade. For projects that are normal maintenance that are not expanding the living space or lootprint, such as interior remodeling, a prior site evaluation would be required before issuing a building permit to verify that the system is functioning and then allow 2 full years for upgrade. For projects that expand the living .space or footprint, a site evaluation should be done prior to issuing the building peruiit and the system would need to be upgraded concunently with work on the pennit. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 23, 1993 SEPTIC UPGRADES - CONT. For properties that have a failing or illegal system, site evaluation and system upgrade would be required before any permits are issued. When ground conditions don ’t allow a site evaluation, the owner acknowledges some risk in proceeding without a site evaluation. Alternative solutions could be: 1. Site evaluator to identify probable sites for system upgrade meeting setback and slope requirements and soil conditions. 2. Building permit applicant should provide evidence of a contract with a site evaluator so there is proof the upgrade will be done as soon as weather conditions pennit. 3. Applicant should agree in writing to complete tlie septic upgrade within the appropriate time frame for his project. 4. Applicant should agree in writing that the construction project will stop if the site evaluation finds there is no way to repair the system. If no way is found to repair a system, the City would issue no further permits until the situation is resolved (possibly holding tanks or a variance). There is concern over certain areas of the City which the 1980 Comp Plan identified as areas to monitor for future sewer. If there are a number ot systems within one of these clusters that are failing, perhaps a better solution than repairing each system would be to consider sewer for that area. The time frame for repairs may need to be extended. Mayor Callahan noted that this study has been because changes have been made to the time frame allowing repair of failing systems, two years instead of one. Gaffron confirmed there are about 1100 septic systems in the City. Possibly half of these .systems could be affected but until inspections aie completed, tliis is a rough e.^timale. 1 his would be one-lourih ot all homes in Orono. If each system cost about $3,000, it would co.st residents ot the City almost $2 million to repair or replace tlieir systems. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 23, 1993 SEPTIC UPGRADES - CONT. According to Mayor Callahan, in the Comp Plan Amendment presented to Met Council in January (>f 1993, information suggested that 190 to 200 homes may require repair. Since that time it appears that 600 to 800 homes may require improvement within five years. It would be possible to do a sewer project for $2 million and in cases where this has been done, the City has made considerable contributions. In failing systems where a mound system was required, the cost would be appro.ximately $11,000. Where homes are not able to use a mound system or some other type of repair, long range effects have not been considered. Callahan asked if Orono would change its Comprehens^ive Plan. Council needs to further study the mmifications of the septic ordinance. Callahan proposed a moratorium until November 1. 1993 to discuss the cost and effect on citizens. Kelley concurred noting there have ber., lour to tivc new mound systems reqi’ red in his neighborhood and neighbors have discussed this with him. This whole process start*. 1 with the DNR Shoreland Regulations that required restrictions within 1000 ’ of the lake. Jabbour added that the 3’ separation has been in the code and obser\'cd by staff since 1978. Most of the septic systems (approximately 600) since then do meet the requirements. There is a limited number of sewer units available to the City so there may not be many options. *f all of the possible neighborhoods identified as potential sewered areas were to be sewered, there would not be enough units available. Jabbour questioned if residents in these neighborhoods should be notified that they are in a potential sewered area. If half of the homes in a particular area were going to be required to install a mound system, maybe a sewer system should be considered and residents should be aware of this. Gaffron noted that all new system' install-ed since 1978 have been required to meet ihis standard. Hurt asked if a system installed 20 years ago would require some maintenance. Since approximately half of the septic systems vvere installed prior to 1978, how many have required repair Gaffron thoueht a significant number have been upgraded and most have been maintained by pumping'^ Untiri989 the State codes did not define an existing system that did not meet the standard as non-conforming. Orono adopted that Siatc cc^c in 1992. Gaftron stated the Citv has taken a closer look at existing systems to trv to estimate how many systems mav need to be replaced. 'I his is difficult until inspections have been completed. Kelley asked for information on the results of the inspections Weekman has made this year on septic systems. This may give an indication of the number of systems that may need replacing. Kelley added that although some systems installed after 1978 met the Code at the time of installaticn. thev are not meeting the 3’ separation today. Gaffron noted that new technologies have been deveioped .o die infomiation from site evaluators prior to the early 1980 s may not be accurate. i MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 23, 1993 SEPTIC UPGRADES - CONT. It was moved by Callahan, seconded by Jabbour, to place a moratorium on the enforcement of septic regulations until November 8, 1993. Ayes 5 nays 0. Ilurr asked what the answer would be to a mortgage company or purchaser of property until November 8. Gaffron replied that if the system does not meet the City code it is considered non-conforming and.it should be upgraded. The question will be when does this have to be done. It will not be required this year since the moratorium is in effect so it may be one or two years. MAYOR/COUNCIL REPORT A) Mayor Callahan stated there are two major contracts on the new bu'Iding with Kraus- Anderson and Boatman and Associates still in dispute. The architect has about $29,000 more than the City felt he was entitled to. Kraus-Anderson billed the City app'o.ximately $20,940 more than their contract. He added that staff has analyzed these figures. Jabbour has worked with these two contracts and negotiated with the architect. Boarman has agreed to refund $14,000 and made some concessions such as insurance premiums that were not paid. Kraus- Anderson has also agreed to reduce their amount by $20,940. This reduction of approximately $34,000 brings the City as close as it can be to the budgeted amount. Jabbour added the negotiations were approached with a "win-win" attitude and the City did not have all the money coming to it according to the contract. He also thanked Bruce Engelsma from Kraus-Anderson who is also an Orono citizen. Jabbour asked that the Mayor send a thank you to Kiaus- Anderson and Boarman and make them feel welcome at City Hall. Mayor Callahan also reported on the Melamed contract. The areas of disagreement are: 1) Legal Deed. What kind of legal deed would the City provide? Full Warranty or Limited Warranty? Quit Claim Deed? The City Attorney has advised that the City should proceed with a Limited Warranty Deed and Mayor Callahan agreed. This would not be a hardship foi the buyer since he would still w-ant to obtain title insurance. .)Special assessments. Melamed proposed that the City would be responsible for any special assessments on the property. Mayor Callahan was unaware ot any but ordered a Special Assessment Search to clarify this. If there were any, Callahan would suggest that the City pay for these assessments until the time of the sale and then it would become the responsibility of the buyer. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 23, 1993 MAYOR/COUNCIL REPORT - CONT. Fence. Melamed wants to build a fence into the City ’s 50’ corridor around the comer because it is a direct extension of the existing fence. Mayor Callahan would not object but would add that when the City needed this space, the fence would have to be removed. Hazardous waste. At this time there is no evidence of any hazardous waste but Melamed would ask that the City be responsible for the removal of any hazardous waste if there was any found. Mayor Callahan did not think the City should warranty or indemnify this matter. Jabbour did not want to see more than the purchase price of $300,000 spent at some time in the future for hazardous waste clean-up. Subdivision of parcel. Melamed would like to be able to subdivide tbe property prior to the original agreement to wait 5 years. Mayor Callahan would prefer to stay with the original agreement. Jabbour stated that he had talked with the buyer ’s lawyer and the City is changing the agreement to limit access to the road to maintenance vehicles only. Jabbour thought this may be an issue to negotiate. Since the City wants to change the limited access agreement, they could agree to remove the 5 year restriction for subdivision. They could offer the land to the buyer subject to soil borings being done and Phase I and II being done on the Environmental Assessment. Council agreed to remove the 5 year restriction for subdivision. C) Mayor Callahan asked Gerhardson if the gas tanks were ready to go yet. Gerhardson confinned that they were not. Goetten asked that three items be considered: 1) Support of the Council in the upgrade of County Road 15. She would like to see no increase in the speed limit trom Orono Orchard Road to Highway 12. An alternative she would suggest is to have more frequent patrols. She noted the speed limit is 50 mph and people have passed her at 60+ mph. Hurr asked if Sullivan could provide information and enforcement of the speed limit in this area prior to the informational meeting that is scheduled. 8 k MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 23, 1993 MAYOR/COUNCIL REPORT - CONT. 2) Situation on Highway 12 and Willow Drive. The Police Chief has provided information that accidents occur at least once a month at that intersection and the time of dav does not matter. She asked what the status is for this intersection. Moorse responded that the City had received a letter from Mn/DOT indicating some alternatives. One possibility would be "no left turn" at that intersection as a temporary solution until there would be a stop light installed, probably in the spring of 1995. This brings up the problem of what traffic pattern would then be used. Would turns be done at a more dangerous place? Long-term plans tor a frontage/service road should be considered to look at circulation. This also affects Long l^ke, therefore, meetings should take place with the Committee again. Goetten felt this will still take too much time and wants to see something done more immediately for safety. 3) Former City facilities building. The yellow storage building is still standing and unsafe. She is concerned about liability. Gerhardson responded that all the testing has been completed to determine if there is any lead in the buildings because that determines how to dispose of the buildings. The verbal report was that there was some lead in all the buildings but not enough that they cannot go to a regular demolition landfill. There will be a recommendation that they not be burned because the lead liquifies and could be released into the atmosphere. Once he gets the written report, the plans for demolition will proceed. Goetten asked if signs should be olaced until that time. Gerhardson added that the old Council Chambers building has a higher lead content and that building has been fenced off until lead abatement can be done. That will be the only building not tom down. Gerhardson expects that report this week and plans are already made for demolition. Jabbour asked that the gas tanks be removed in 1993. Gerhardson confirmed that as soon as the buildings are down they can proceed with takinc the tanks out. To have a reclaimer grind up the pavement, an additional $3,000 will be required. This amount does not include hauling the material away. li) llurr stated the County Road 15 public information hearing is scheduled for August 30, 1993 at 7:30 p.m. Plans are available at City Hall for review prior to this meeting. She expressed her concern ti.^t someone from the Park Commission attend tltat meeting because there will be a proposed 8 ’ paved shoulder which would greatly benefit bikers. Support from the Park Commission would be helptul. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 23, 1993 MAYOR/COUNCIL REPORT - CONT. F) Hurr referred to the recent hearing for disciplinary action of a City employee. She noted that one of things not in the findings was that there be some notification in the paper that pending action was not upheld by the City Council. She asked that Goetten, who chaired the committee, review this notice. G) Jabbour stated they are very active in tr> ing to bring in new enabling legislation for the LMCD. He talked with the DNR regarding the report of the Task Force. He wants it noted that the City of Orono has a minority opinion included. Hurr thought it unrealistic to expect something by the end of September but probably by the end of the year. POLICE CHIEF REPORT Sullivan provided a statistical update through the end of June. It shows the activity is virtually the same as last year. He expects July and August to be about the same as last year also. Part 1 refers to Felonies (8 of the most serious crimes as designated by the FBI), Part 2 includes other crimes (petty theft, misdemeano.- r;; . damage to property, etc.). Part 3 is traffic with the exception of DWIs included in Part 2, and Pans 4 and 5 deal with service calls (medical accidents, found property, etc.). The information sheet will be provided on a monthly basis tor future reference. The purpose of the report is to compare the previous year ’s activity and look at the contract cities. The report tracks ICRs. Each time the Police Department receives a call for service or they self-initiate an activity, an ICR (Initial Complaint Report) is written. Routine jobs such as delivering Council packets are not written as ICRs. State reports would give greater detail if required. Sullivan noted most people who have things stolen from their yards do not recover them. 4 out of 5 burglaries are not solved nationally. Kelley asked how information could be supplied to the City Council on performance of the officers. Sulli''an responded that it is difficult to evaluate but some indicators are absence of complaints and presence ol letters ol thank you. It is difticull to evaluate how many crimes are prevented by havin-^ patrol cars in the City. Hurr asked if there were yearly evaluations done on officers. Sulli confirmed there were. Hurr asked if these same reports were given to contract cities. Sullivan replied that they received these same reports with a chroiu)U)gical listing ot all calls. Each of the cities works with this information a little differently. Hurr asked tor more detailed information on the Orono report since it is available. Jabbour noted the local papers give detailed reports. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 23, 1993 (^9) SCHOOL LIAISON OFFICER Jabbour suggested that a committee be formed to discuss how the community should be policed. Ihis committee could include one or two councilmembers. someone from every contract city, someone from the North Tonka Crime Prevention Coalition and the school. Mayor Callahan noted that this type of committee is already provided for in the police contracts. Sullivan added this committee has not been utilized in the last two years partly because he has direct communication with each ot the City Councils and they have not asked tor a collective meeting. Mayor Callahan thought the school liaison officer issue should be discussed in relation to the budget even though that is not the only issue. Ilurr thought that if the City, as a contract holder, has written something in the contract that calls for a committee, that they should meet. If you wait until there is a problem to call a committee meeting, the problem may be much bigger. It would be up to the City to initiate these meetings. Sullivan felt it was written in the contract to use if the contract cities wanted to. Mayor Callahan felt this committee should be brought together to at least discuss if they wanted to continue and how to proceed. Councilmembers agreed. Kelley commented there may be other cities in addition to the contract cities that should be included in the cost of a .school officer. Other cities such as Medina and Independence also have children attending the school district. ENGINEER REPORT (#10) MUNICIPAL STATE AID REVIEW Cook noted there is a booklet available for review that was published in January regarding the Municipal State Aid Review. MSA roads are classified by Council and they must meet certain criteria. Goetten asked when Ferndale Road would be upgraded. VVayzata is involved with this and some issues need to be resolved. Oron(> would have to annex their right-of-way for about 2 blocks. Cook stated he hoped some time this winter the issues could be resolved to proceed with the upgrade. Kelley asked how roads are designated for repair or upgrading. Gerhardson replied that it depends on the road condition. Major upgrades are brought to the Council for their action. There is a 5 year plan which is reviewed annually by Council. Callahan noted the two current priorities are the Old Crystal Bay Road bridge and Willow Drive. Jabbour noted that sometimes 4 or 5 years of MSA funds are required to do one project. Kelley asked if Council would receive a status report. Callahan reqvestcd that Gerhardson forward the current list to Kelley. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 23, 1993 ENGINEER REPORT - CONT. It was moved by Mayor Callahan, seconded by Jabbour, to accept the information in the Engineer’s Report. Keiicy asked when the work on the Old Crystal Bay Road bridge would be started. Cook replied that it would be in the spring of 1994. Bids need to be ob: lined. Kelley asked that this work be coordinated with the school district because of bussing. Ger.'nrdson confirmed that he has already contacted the school district regarding this consiructiot* with the goal to complete as much as possible during the summer months. CITY ADMINISTRATOR’S REPORT (/i'll) OLD CRYSTAL BAY ROAD BIKE TRAIL Moorse reported that the bike trail is a joint project between Hennepin Parks and the City with an agreement foi each party’s responsibilities. The bids came back above the engineer’s estimates. Hennepin Parks has agreed that additional time should be spent to reevaluate the project and details of the agreement and look for additional cost savings. The Park Superintendent recommended to his Board that the bids received for the project be rejected and .see if bids next winter would produce better prices. It was moved by Jabbour. seconded by Callahan, to reject the current bids for the joint project with Hennepin Parks on the bike trail. Ayes 5, nays 0. Mayor Callahan noted the contract with Hennepin Parks was never signed. If it had been, the contract would lapse if bids were rejected. Moorse added that the Park Superintendent is ver>' supportive of the project and wants to continue to reserv'e funding for the bike trail. Jabbour stated the contract should be signed to recover 50% of the engineering fees. Kelley asked if these fees could be included if another contract were signed this winter. Callahan felt this would be appropriate. Ilurr encouraged this project to continue immediately. She spoke with Mr. Bryant who would like to meet with some of the policy makers. She would like a report at the next meeting on the status of this committee. Mayor Callahan asked Park Chairman Flint if there were any further comments. Flint agreed with Hurr noting that the County has allocated up to $325,00 for the project and the City would not want to lose this funding. Mayor Callahan agreed unless cost considerations would prohibit the project. He indicated a contract should be renegotiated with the Hennepin Park Board and look for any alternative locations or standards and specifications that might change the project costs. He offered his assistance in meeting wath Mr. Brv'ant and others to proceed with the project. 12 I MINUTES OF THE RE(;ULAR ORONO COUNCIL MEETING HELD AUGUST 23, 1993 OLD CRYSTAL BAY ROAD BIKE TRAIL - CONT. Mayor Callahan commented on the use of MSA funds for this project. He wants to have written confinnation for clearance to use MSA funds from the State. Hurr questioned why the cost of the project was so much hieher than original estimates. Cook replied that the project was more complicated than originally anticipated. Jabbour noted the bid for the project was about $513,000. He fell the City should approach this with a "win-win" attitude. Sttrne compromises may be possible. Flint replied that an alternative that has been suggested is to pave the shoulder rather than have the bike trail off of the shoulder. That will be a policy decision that should have a determination fairly early. Political opposition could be reduced. This would reduce project costs but the County may not contribute then because it wouldn’t meet the criteria for a regional trail. The first step should be to meet with Doug Bryant of Hennepin Parks and then discuss options with Council. Goetten added that if a shoulder bike trail were considered, safety is.sues are very important. Kelley c.xpressed his concern over the project cost and asked if other possible sources of funding had been explored, i.e. federal, state or foundation grant funds. Cook responded that federal IS'I'EA money does provide for trails and pathways but he thought Hennepin County did submit an application for funding and was not approved. Hurr noted that Hennepin Parks recently sent a representative to a 1'/: da> seminar on funding and related bike trail issues. She thought that person would be willing ‘o talk to the Park Commission about information she learned. Flint advised Council that there has been a committee consisting of representatives of the Park Commission and OBA appointed to work on resolving the baseball issue. There has been slow progress because of the many variables. They have to work with the school and OBA. Only about 42% ol the people involved in the program acmally live in the City of Orono. Access off of County Road 6 or Old Crystal Bay Road is a problem. (;^12) SIX MONTH FiN.ANCIAL REPORT Moorse explained that the report had just been received. Logis had been working on a new format and had problems with their central processing unit. Staff has not had an opportunitv to analyze the rep<irt and would like to do so and provide an analysis to the Council in the ne.xt two weeks. MLNUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 23, 1993 (;^13) STEP INCREASE CAROLE HASEMAN Kelley pointed out that lie had no problem with an increase for Haseman, he just wanted to clarify how the step increase process works. He asked if there was a probationary period for new employees. Moorse confirmed there is a one year probationary period. Kelley asked how many times during this probationary period the employee’s job performance was reviewed with a supervisor to see if it is satisfactory'. Moorse stated there is not a formal process for review at a three or six month period, but there is a one year review. At that time, the employee is eligible for a step increase and must be doing satisfactory work. Although there is not a fomial evaluation throughout the first year, there would be discussions with the employee about any problems. Kelley felt that with current State laws, it would be difficult to dismiss someone after one year without written evidence that they had been met with two or three times during the year regarding their performance. Hurr agreed. Kelley asked if the step increase after one year was automatic. Moorse confirmed that it was if the employee was doing satisfactory work. The dollar amount is established in the Compensation Plan which moves a step at a time. Portions of the step increase have not been given. The next step increase would be after another year of employment. Employees are hired at the entiy' rate and then would show greater proficiency after each step increase. The immediate supervisor writes an evaluation on the employee which is then forwarded to the City Administrator for review. Moorse stated the current evaluation form and tormat aie no' very good and staff has been working on a different evaluation. Kelley thought that after 15 or 20 years there should be that many evaluation forms in the personnel file signed by the employee anu supervisor. Currently the process has not been followed through so you would not find that many evaluations. Moorse noted the step process is only used for the first three years, then the general cost of livinc is the only salary increase. Since there are few people hired, the evaluation process has not been followed through. Moorse stated that if there were significant situations that may lead to the need for documentation of perfonnaiice, a written reprimand would be done. Kelley wanted to be .sure that there is a way that each emplo .fe in the City is evaluated on hi.s/her job performance once a year in writing. Goetten agreed. Kelley would like to see the department heads meet with the City Administrator to establish a better evaluation tormat. Jabbour asked if anyone ever went backward on the steps. Moor.se replied that the compensation plan says you can. Jabbour thought a merit system could be considered. Hurr reiterated that the step process is onlv used for three years, then even if an employee were doing an exceptional job. onlv a cost of living increase would be given. She felt some further reward should be considered and that mavbe a step increase should not he given for just satisfactory work. Hun- asked to see the current evaluation. Moorse stated it would be better to look at two fonnats beintz considered. 14 T MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 23, 1993 STEP INCREASE - CONT. Hurr asked how many employees are under a contract. Moorse replied that the police officers and lieutenants are unionized and have contracts. Moorse has an employment agreement rather than a contract because it doesn’t guarantee a job. The Police Chief has a similar agreement. Hurr asked to see the.se. Kelley made a motion, seconded by Goetten, to approve the step increase for Carole Haseman per the City ’s Compensation Plan from Level 4, Step 2 at $11,415 per hour to level 4. Step 3 at $12,049 per hour effective September 9. 1993. Ayes 5, nays 0. Hurr questioned why there is a Step 4 if there is only three years of step increase. Moorse explained employees are hired at Step 1. (/^14) 1993/1994 ASSESSOR CONTRACT Mayor Callahan suggested the assessor contract amount be increa.sed. His service to Oiono has been very good and comparable to other cities. Councilmembers agreed. Hurr compared the City of Shorewood’s lakeshore properties to Orono and questioned why Orono was $4.00 more. Erickson explained that Shorewood has more homogeneous properties. She also asked about the total num’ner of parcels. Erickson slated each parcel must be evaluated separately even if they are owned by the same person. Orono has approximately 2800 homes. A motion was made by Mayor Callahan, seconded by Goetten, to approve the contract for assessing services with Roll Erickson in the total amount of $72,168.00. The contract to run from September 1, 1993 through August 31, 1994. Ayes 5, nays 0. (*/yi5) TEMPORARY EMPLOYMENT ORONO GOLF COURSE It was moved by Hurr, seconded by Goetten, to approve the employment of the following per.st>ns for temporary groundskeeper helpers at the Orono Golf Course: Nick B.ishore @ $5.25 per our effective Augu.sl 1, 1993 through September 1, 1993. Lar Brown @ $5.75 per hour effective August 30, 1993 through end of season. Ayes 5, nays 0. I I MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 23, 1993 CITY ATTORNEY ’S REPORT {n€) EASEMENT ACQUISITION City Attorney Staunton explained that the last easement for the Stubbs Bay project has been obtained and only requires the Mayor’s signature. The Pidgeon’s had demanded $14,260 for the permanent and temporarj' easement. The City offered $4,395 which is what the Pidgeon’s accepted. This is not a reduction in their sewer assessment and a separate check will be issued. Gerhardson added this amount is in line with other easements obtained for the project. Staunton asked for a closed Executive Session regarding ongoing litigation. Hurr asked if the surv'ey had been sent out. Mabusth did not have final comments from the Planning Commission. Hurr asked that a better term be used than "not much". (*#17) LICENSES There were no licenses. (*#18) BILLS It was moved by Hurr, seconded by Goetten, to approve payment of the All Funds Account. Ayes 5, nays 0. ADJOURNMENT It was moved by Hurr, seconded by Jabbour, to adjourn the meeting at 10:10 p.m. Ayes 5, navs 0. Eclward J. Callaiiah, Jr. Mayor Dorothy M^TTillin, City Clerk Plannir.a Ccn ’.'nissicn PU3LIC ATTENDANCE CITY OF ORONO MEETING DATATg^^5- PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. na:ie or number (*1 Aste-isk icems are considered to be routine items to be enacted upon'by one motion by the City Council under the Consent Ite™* on tte agenda. Memos regarding each of the Agenda items are available in the Public Packet which may be obtained upon request from the Recorder. ROLL CALL * 1. CONr^'^'T AGENDA APPROVAL OF MINUTES * 2. Regular Meeting of August 9, 1^93 PARK COMMISSION COMMENTS LAKE MINNETONKA CONSERVATION DISTRICT PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT tel"' ^ ** APPLICANTS ** 3 * 4 5 6 Immediately after the Council has reviewed your aoDlication please sign the three (3) original resolutions at the Recorder's desk. Applicants need not execute resolutions for subdivisions, vacations and denials #1780 City of Orono, 1000 Old Crystal Bay Road - Preliminary Subdivision - Resolution . #1841 William and Lori Cornelius, 960 Tonkawa Road - Varianc-s #1848^City of Orono, 1940 Shoreline Drive/1000 Old Crystal Bay Road - Comp Plan Amendment - Transmittal to Met Council #1849 Estates of Barbara B. Lund and Russell T. Lun , , Tonkawa Road ~ Vacation of Sewer Easement Seotic Upgrades with Building Permits - Options * 8! Flag Lot Considerations - Update MAYOR/COUNCIL REPORT POLICE CHIEF REPORT 9. School Liaison Officer engineer report 10. Municipal State Aid Review CITY ADMINISTRATOR'S REPORT 11. Old Crystal Bay Road Bike Trail Six Month Financial Report Step Increase Carole Haseman 1993/1994 Assessor Contract 12 *13 14*15. Temporary Employment Orono Golf Course CITY ATTORNEY'S REPORT 16. Easement Acquisition AGENDA FOR COUNCIL MEETING SET FOR MONDAY, AUGUST 23, 1993, 7:30 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA *LICENSES (17) ♦BILLS (18) ADJOURNMENT * ' V ’ > UPCOMING ISSUES AND EVENTS 08/23 - HRA meeting 7:15 p.m. 08/23 “ Council meeting 7:30 p.m. 08/26 - Council Work Session 7:45 a.m. 08/30 - Public Information Meeting County Road 15 Orono Council Chambers 09/06 - Holiday - Labor Day 09/07 - Park Commission meeting 7:15 p.m. 09/13 - Council meeting 7:30 p.m. 09/20 - Planning Commission 7:00 p.m. 09/27 - Council meeting 7:30 p.m. - 7:30 p.m. COUNCIL MEETING MINUTES OF A REGULAR ORONO COUNCIL MEETILW^G 2 3 1993 HELD AUGUST 9, 1993 CITY OF ORONO ROLL The Council met on the above date with the following members present; Mayor Edward Callahan, Counciimembers J. Diann Gcetten, Gabriel Jabbour. JoEllen Hurr arrived at 8:20 p.m. Councilmember Kelley was absent. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Engineer Shawn Gustafson, City Attorney Kevin Staunton, and City Clerk Dorothy Hallin. Sandra Smith was present to represent the Planning Commission. Mayor Callahan called the meeting to order at 7:30 p.m. (#1) CONS ENT AGENDA Goetten removed Items #7 and #10. It was moved by Goetten, seconded by Jabbour, to approve the Consent Agenda as amended. Ayes 3, nays 0. Motions for all items adopted by consent agenda will be included in the minutes in their respective numerical order. (#2) JIM BRANDL, DIRECTOR COMMUNITY EDUCATION SERVICES WAYZATA SCHOOL DISTRICT Mr. Brandi stated he was requesting the City Council to appoint an elected or employed representative to a collaboration council. Stating the main intent of the formation of this independent council is to encourage collaboration between all the cities and organization within the boundaries of the Wayzata School District. Goetten asked what prompted the establishment of this commission. Brandi stated it started last February with a space reeds study v^ithin the community. It was recognized at that point that there both city and school needs in the next 5 to 10 years. The school board recommended that a task force be established. Mayor Callahan asked if there would be requests for financial contributions if Orono cooperated in this organization. Brandi stated it may and they will also be looking at some grant possibilities. Mayor Callahan stated the Orono Council would consider the request and agreed the lack of duplication was good L,tating Council will serious consideration to this request. He thanked Mr. Brandi for appearing before to the Council. MINUTES OF THE REGULAR ORONO CC HELD august 9, 199 TL MEETING (*3) APPROVAL OF MINUTES It was moved by Goetten, seconded by . minutes of the regular Council meeting hel nays 0. 'Our, to approve the ily 26, 1993. Ayes 3, PARK COMMISSION COMMENTS There were no comments. PLANNING COMMISSION COMMENT’S There were no comments. PUBLIC COMMENTS There were no comments. ZONING ADMINISTRATOR'S REPORT (#4) #1840 JIM TAYLOR, 1342 REST POINT Cl VARIANCE - RESOLUTION #3313 Mr. Taylor was present. '•,E - Mabusth stated this application involves the installation of a deck/walkway connecting upper level gravel parking area to deck at east side of residence. The struc/.ure will be located approximately 7' from the side lot line. The applicant has a physical disability which prompts the variance application. The Planning Commission recommendation was to remove half of the patio by August 31, 1993 and the concrete slab by September 30, 1993. Applicant thought the dates were reversed and is requesting removal of the patio in September and the concrete slab in August. Planning Commission representative Smith slated there would be no problem with that request. Mayor Callahan suggested that hardships be based on other reasons than a physical disability. Mabusth stated the Planning Commission would be conducting a work session to review hardships. Jabbour asked that the hardship referring to a physical disability be stricken from the resolution. It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3313 for Application #1840 for James Taylor, 1342 Rest Point Circle, granting a variance to permit the construction of a 22'7" X 3'4" deck/walkway connecting upper and level gravel parking aic? to an existing deck at east side of residence structure and removal of existing patio and concrete slab, subject to the resolution being amended to the requested removal dates. Ayes 3, nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 9, 1993 (#5) #1841 WILLIAM AND LORI CORNELIUS, 960 TONKAWA ROAD VARIANCE William and Lori Cornelius and Stephen Longman, their contractor, were present. Mabusth stated the application is for hardcover and setback variances within the lakeshore setback area to allow a section of an existing access drive, approximately 1200 s.f., to remain as part of a loop driveway in order to save a grove of mature maple and oak trees. Goetteii asked why the driveway is not straight into the garage. Gustafson stated there is not much room for turning and backing out of the garage. Mabusth stated the applicant did not know the loop driveway was within the 75' setback area until the snow melted and construction of the house had started. She noted there is 16% hardcover within the 250'-500' where 30% is allowed. Cornelius produced an old survey and pictures showing the trees he is trying to save. There are no objections from abutting property owners. Jabbour asked what the hardcover percentages were within the 75'- 250' . After calculation Mabusth statea it would be 24.6% where 25% is allowed. Jabbour stated that the resolution should be amended to reflect 1200 s.f. of 0-75 hardcover be included in 75 to 250 hardcover allowance and that staff develop a control on the removal of mature trees once driveway is installed. It was moved by Jabbour, seconded by Mayor Callahan, to approve the variance reguest for William and Lori Coinelius, 960 Tonkawa Road, subject to amendments. Amended resolution to be brought back to Council for August 23, 1994. Ayes 3, nays 0. (#6) #1842 TOM BROWNE, 760 BROVyN ROAD SOUTH VARIANCE - RESOLUTION #3314 Mr. Browne was present. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 9, 1993 #1842 TOM BROWNE, 760 BROWN ROAD SOUTH - CONT. Mabusth stated the applicant is proposing a screen porch expansion within the 100' structural setback area from Tanager Lake over an existing deck, 162 s.f. deck addition to the south side of the existing deck and the enclosure of a 7 x 8 1/2 foot upper level deck. Applicant stated he had no objection to the removal of the pool from the application as the Planning Commission had recommended. Browne asked that a triangular section of deck be included in 162 s.f. of deck hardcover to allow for greater width in connecting deck area. It was moved by Goetten to adopt Resolution #3314 for Application #1842 for Tom Browne, 760 Brown Road South, granting variances allowing a 8 1/2' x 7' enclosed upper level deck, a 19 1/2' x 16' screen porch over an existing deck and a connecting deck addition and denies variances for a 20' x 26; deck/pool structure and includes approximately 15 s.f. of additional decking. Seconded by Hurr stating the play area should be able to be repaired. Goetten amended her motion to include the removal of Item #1 of the proposed resolution regarding repair of cement slab. Ayes 4, rays 0. (#7) REVISED DRAFT - INTERIM STORMWATER MANAGEMENT - ORDINANCE Mayor Callahan stated he felt Council should consider the stormwater management plan before the Planning Commission. He directed staff not to have this item on the agenda for the August 18th Planning Commission meeting and to wait until Council has an opportunity to discuss this item. It was moved by Mayor Callahan, seconded by Jabbour, to set Friday, August 13, 1993, at 3:00 p.m. as a work session to discuss this item. Ayes 4, nays 0. Gaffron asked Council if the other 2 public hearings should be held. Council directed staff to proceed with the flag lot public hearing only. Mayor Callahan stated the Flood Plain and Wetlands Management would also be on the agenda for the work session on August 13th. Jabbour requested that general operations also be on the Agenda for the August 13th work session. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 9, 1993 (#8) TIMING OF PERMIT-TRIGGERED SEPTIC UPGRADES Gaffron asked for direction from Council regarding whether the two year time frame for repair of septic systems which are non- conforming solely due to the lack of three foot separation, should apply when there is an application for a building permit. Staff feels such systems should generally be upgraded concurrently with the building project. The DNR has also taken this position per their letter of 8/4/93. Hurr stated she agreed that the City should use building permits which add bedrooms or living space as a lever to ensure needed repairs are completed. Gaffron described various scenarios and types of permitted building projects that might or might not affect existing septic systems or future drainfield sites. Hurr noted it would be a disservice to our residents if they found out after their building project was completed that they had destroyed their only possible site for replacing the septic system. Council discussed the ramifications and impacts of using or not using leverage at the time of a building permit and possible enforcement problems. It was moved by Hurr, seconded by Jabbour, that any building permit extending the exterior envelope would be the trigger for concurrent replacement of a non-conforming system. Discussion ensued as to whether additional issues would be forthcoming. Gaffron indicated that is likely, and this may be just one of many issues with septic code enforcement for which Council will be asked to define policy. He also noted that efforts at publicizing the new requirements have met with limited success as it seems few residents have read the materials sent out so far. Gaffron indicated a concern regarding holding up building projects pjfoposed late in the year for as much as 6 months in order that site evaluation be completed prior to building permit issuance. Jabbour indicated this would be a real problem, since construction in Minnesota occurs year around. Mayor Callahan stated that dealing with the City is becoming burdensome for residents. Discussion continued regarding the construction process and how it is perceived by residents. Mayor Callahan called the question. Ayes 2, nays 2. Motion failed. It was moved by Mayor Callahan, seconded by Jabbour, to MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 9, 1993 TIMING OF PERMIT-TRIGGERED SEPTIC UPGRADES - CONT. table this item to the August 23rd Council meeting and directed staff to bring back an outline of an ordinance which incorporates the triggering by application for a building permit, and which addresses the concerns about construction season timing, giving a number of options for Council to consider. Ayes 4, nays 0. Goetten stated she liked the idea o^ having options, and would li;<e to see ways to inform the public included in the staff memo. MAYOR/COUNCIL REPORT .n u Hurr stated the County Road 15 Safety Improvement Committee will be conducting a public information meeting on Monday, August 30th at 7:30 p.m. in the Council Chambers. Notice of this meeting will be mailed to the affected property owners and plans are available at City Hall for the public to review. After this information meeting Hennepin County would like some concept suggestions from the City so they can proceed with additional pxans and possibly hold a public hearing in the Spring of '94. * * * Mayor Callahan asked about the fire contract. Moorse stated agreements on major items have been reached. The contract is now being reviewed by the Cities' Attorneys. The issues of dissolution and purchase of new equipment is keing worked on. Mayor Callahan noted the police contracts should state the ability to change the contract if one or more of the contract cities drops out. * * * Mayor Callahan questioned progress on the bike/hike trail. Moorse stated a list of things are being worked on. These include letters which include landscape plans being sent to abutting neighbors to solicit their concerns regarding the bike/hike path and contract language with Hennepin Parks. Jabbour noted his concern that iihe use of MSA funds for the this project is legal. Staff was directed to confirm this with City Engineer. Mayor Callahan ^^.ated he is considering hosting another Mayor's breakfast within the next 2 weeks. ★ ★ ★ Mayor Callahan requested a joint meeting with the Planning Commission at 6:30 p.m. on Wednesday, August 18, 1993, to discuss the B-2 zoninj of marinas. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 9, 1993 CITY ADMINISTRATOR'S REPORT (#9) FRENCH LAKE PARK - WILD FLOWER SEEDING Moorse stated the original request was for $1500 for preparing the property and planting wild flowers. After getting estimates from contractors the price has increased to $1900. Therefore the request is for an additional $400. It was moved by Jabbour, seconded by Hurr, to approve an additional $400 for wild flower seeding at French Lake Park. Ayes 2, nays 2. Motion fails. It was moved by Jabbour, seconded by Callahan, to use the original $1500 approved and do as much of the work as possible. Hurr moved to reconsider, seconded by Jabbour, to approve an additional $400 from the park dedication fund to be used for wild flower seeding at French Lake Park. Ayes 3, nays 1. Goetten nay. Goetten stated she feels the Public Works Department should be doing the work to save money. (#10) 1993 SEAL COATING PROJECT REJECTION OP BID Goetten removed this item from the consent agenda. She asked; does this mean there will be no seal coating of any of the streets, why not go out for other bids and are you going to do twice as much seal coating next year? Gerhardson stated that after comparing the bid price with last year's cost this was much higher. He stated we will probably double up on seal coating next year and use the money we save on seal coating for '93 for paving this year. No action by Council. (#11) COUNTY ROAD 6 UPDATE Moorse stated this is information regarding the County's plans for improvement to County Road 6 from Highway 12 southerly and westerly to County Road 90 in Independence. Mayor Callahan appointed the County Road 15 Committee and himself to review the concept of the County Road 6 project. (#12) WORK SESSION TO REVIEW PROPOSED 1994 ANNUAL BUDGET Moorse suggest this work session be held the week of August 23rd. Council established Thursday, August 26, 1993, at 7:45 a.m. as a work session to review the proposed 1994 Annual Budget. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD AUGUST 9, 1993 (#13) 1993/1994 ASSESSOR PROPOSAL Hurr questioned what was included outside the contract amount; postage, stationary or what else. What is the total cost per year. Jabbour requested the charges to other cities under his contract. Mayor Callahan stated Council will table this item until the August 23rd meeting and requested staff to determine total cost, comparison information and information as to how Mr. Erickson arrives at his fee, Callahan requested this information be mailed to Council prior to the August 23rd meeting. (#14) SEWER PLANT PROPERTY SALE Moorse stated the City Attorney has reviewed the purchase agreement and a number of changes were made and sent to the purchaser. We are in agreement with everything but the access to the property and the Mayor's changes to the MUSA language. Council directed the Public Works Director to identify the trees which will be moved by the purchaser. ncil stated a wider access between the MWCC property and the property to be sold be indicated. Hurr noted the balance owed should be changed from $300,000 to $200,000 because the purchaser has paid $100,000 down. Mayor Callahan suggested that Council authorize the Mayor and City Administrator to negotiate the contract in accordance with changes made and have the language approved by the City Attorney that the city be allowed to enter into the contract. CITY ATTORNEY REPORT Staunton stated he had received information from Leon Erstad, who represents the City in the Richard Stodola matter, the judge has ruled the City must negotiate a shared dock with the Tillotsons. Council requested this item be discussed in executive session at the August 23, 1993 Council meeting. (#15*) LICENSES It was moved by Goetten, seconded by Jabbour, to approve following license: One Day Liquor License - Smith College Club of MN Minnetonka Center for Arts September 11, 1993 Ayes 3, nays 0. the 8 MINUTES OF THE REGULAR ORONO COUNCIL MEETINGHELD AUGUST 9, 1993moved by Goetten, seconded by Jabbour, to approve payment o£ the All Funds Account. Ayes 3, nays 0. adjournment j a uIt was moved by Goetten, seconded by Jabbour, meeting at 10:37 p.m. Ayes 4, nays 0. to adjourn the Edward J. Callahan, Jr., Mayor ATTEST Dorothy M. Hallin, City Clerk 1o. To: From: Date: Subject: Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator Jeamie A. Mabusth, Building &. Zoning Administrator August 19, 1993 COUNCIL MEETir. AUG 2 3 :093 CITY OF ORONO I ^ i\2 #1780 City of Orono, 1000 Old Cr>’stal Bay Road - Preliminary Subdivision - Resolution Additional Exhibits H - Engineer ’s Report I - Engineer ’s Sketch Brief Review of Application The City ’s subdivision application involves 36+ acres of land referred to as the sewage lagoon property. The subdivision will create a 4.66 acre residential lot and a 32.04 acre outlot to be set aside for future park development. The property is served by a gravel drive that will continue to serve the MWCC lift station, the future residential lot and City park. The property will be served with sewer as it has been found the property, based on its former use, is incapable of supporting both a principal and alternate on-site septic system (review Exhibit D). The City is currently processing a comprehensive plan amendment that would allow the inclusion of the 4.66 acre residential property within the Metropolitan Urban Service Area. Refer to Exhibit I. The drainageway that intersects the property shall be designated as a drainage easement at a minimum 15’ width. The wetlands adjacent to French Lake shall be shown as drainage easements on the final plat. The hatched area along the west lot line of the residential lot defines the area needed for the utility easement over the MWCC lines. Note engineer has provided 10’ to the east of the most eastern MWCC line. A 50’ wide access corridor has been provided between the MWCC property and the residential lot providing the City with adequate width for vehicular access to future park facility and also allows the saving of two large mature evergreen trees within the corridor. In staffs original memo to the Planning Commission, the issue of maintenance of the roadway was raised. Staff would now recommend that the private driveway continue to be maintained by the City and that Council may consider whether future owner of residential lot is to share in the cost of the maintenance of roadway while it remains a driveway. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the proposed subdivision, subject to the property being approved for sewer service by the Metropolitan Council as property does not meet standards for rural development based on limited septic capability. The Planning Commission adopted the conditions of preliminary subdivision approval as set forth on Page 3 of the staff memo dated August 12, 1993. The enclosed approval resolution has been drafted per that recommendation. The only issue to be resolved by the City Council is whether future residential owner shall share in the maintenance of the private driveway. A RESOLOTION GRANTING PRELIMINARY APPROVAL OF A PLAT OF THE PROPERTY LOCATED AT 1000 OLD CRYSTAL BAY ROAD SOUTH - FILE NO. 1780 WHEREAS, the City of Orono, on July 19, formal subdivision application seeking approval residential plat of property legally described as: 1993, of a filed a one-lot refer to Exhibit A, attached (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.358 et. seq. and the City of Orono's Zoning and Platting Codes, the Orono Planning Commission held a public hearing on August 16, 1993, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, at their regular meeting held on August 23, 1993, the Orono City Council considered the subdivision application as proposed, noting the following findings of fact: 1. The property is located within the RR-IB, Rural Residential Zoning District requiring a minimum of two acres of contiguous dry buildable land within each newly created lot. 2. The property contains approximately 36.7 acres of land, 13.75 acres consists of dry contiguous land. The proposed plat contains one residential lot exceeding the two acre minimum lot area requirement consisting of 4+ dry contiguous acres. 3. Per a report by Steven B. Schirmers, an MPCA certified site evaluator, dated May 24, 1993, has confirmed the site can only support a principal alternate site for a four-bedroom home. The site is incapable of supporting a second alternate site. Page 1 of 4 4. A gravity sewer line runs adjacent to the west lot line of the property and the City has agreed to extend sewer to the rural property. 5. Concurrent with the review of this subdivision, the City also has filed for a minor Comprehensive Plan Amendment that would allow the inclusion of this property within the Metropolitan Urban Service Area. The hearing for the Comprehensive Plan Amendment was held on August 16, 1993. The sewering of this rural property will not result in any change from the current two-acre rural zoning. 6. The rural residential lot is located within southern basin of French Lake, a Natural Environment lake. 7. Access to the site shall remain via an existing gravel driveway that currently serves an MWCC lift station facility. 8. Outlot A shall remain as an open space area consisting of the private gravel drive and future site for development of a park. NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat of the property located at 1000 Old Crystal Bay Road South per the survey dated January 18, 1990, revised August 12, 1993 by Mark S. Gronberg of Coffin and Gronberg, Inc., subject to the following conditions: 1. Prior to the City granting final approval of the proposed subdivision, the City must have received confirmation from the Metropolitan Council that the residential lot will be included within the Metropolitan Urban Service Area and approved for sewer service. 2. The City of Orono shall assume the responsibility for the regular maintenance of the private driveway. Future owners of Lot 1, Block 1 shall [not] be responsible for making payment to the City for their share in the regular maintenance or repairs to the drive. Page 2 of 4 The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays of the month: 1 Record plat drawings in the form of two (2) mylar copies and one (1) copy reduced to 1" = 200'. Drawing to include: A. Lot lines platted per preliminary survey by Mark S. Gronberg of Coffin and Gronberg, Inc. dated 1-18- 90, revised 8-12-93. Dirainageway that flows to northeast that intersects Lot 1 shall be designated at a 15' width drainage easement. C. Wetland area to the west of the OHWL of French Lake shall be shown as drainage easements on the final plat. D. Designation of wetland within Outlot A at southwest corner of plat. E. Dedication and designation of drainage and utility easements along west lot line to include MWCC sewer lines as shown on engineer's sketch included as Exhibit I of current review. F Dedication of drainage and utility easements 10' wide along all perimeter property lines. Please note that along the west lot line where utility easement is not shown, there must be a minimum of 10' along the entire west lot line. G. Designation of sewage lagoon pond and French Lake southern basin within Outlot A. 2. Legal documents required: A. Updated Title opinion indicating any encumbrances or other documents affected by other interests. Page 3 of 4 3 . B. The Title opinion should also include certified copies of all recorded easements currently affecting the property. C. Applicant to draft access easement over Outlot A providing access to residential lot. Surveyor to create legal description for easement. The City has dedicated lands for park use. No park dedication fees will be considered. All filing fees, etc. will be paid by City. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 23rd day of August, 1993. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor • • ’ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of August, 1993, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behai^ c_ the City. Notary Public Page 4 of 4 TO:FROM:DATE:Planning Commission Members Ron Moorse, City AdministratorJeanne A. Mabusth, Building & Zoning Administrator August 12, 1993SUBJECT: #1780 City of Orono, 1000 Old Crystal Bay Road - Preliminary SubdivisionPublic HearingThe City presents a subdivision of the property referred to as the sewage lagoon property consisting of one residential lot and an outlot for future park development. In the early planning stages of the new facility based on budget constraints, Council determined that portions of the subject property would be offered for sale for residential development. The sale of the property has been advertised in the paper and the City has accepted a bid from a potential buyer for the single residential lot. The following ordinances are pertinent for this review: 1. Chapter 11, Class 3 Subdivision 2. Section 10.28, Subdivision 5 (B), RR-IB Rural Residential Standards 3. Section 10.56, Shoreland Regulations - Natural Environment Lake Total area = 36.7 acres 13.7 acres dry land Lot 1 = total of 4.66 acres (.16 part of French Lake) Note wetland areas (adjacent to French Lake at east side of lot) have not been designated Outlot A = 32.04 acres. List of Exhibits A - Plat Map B - Property Owners List C - Certificate of Mailing D - S & P Testing Report E - As-built F - Detail of Proposed Residential Lot G - Preliminary Plat The undeveloped property is currently served by a gravel drive that was regularly maintained by the City when the outdoor storage yard was in use. The City’s use of the property for open yard storage has been discontinued. The existing drive will provide access to the future residential lot. Based on earlier discussions with the Public Works Director it is not clear whether the City will maintain the road while there is no active use proposed for Outlot A. The MWCC will provide maintenance when access to the facility is needed. The issue of regular maintenance of road must be resolved between future property owner and City. There is a 20’ wide access easement throughout Outlot A granted in favor of the MWCC. This has been shown on the preliminary plat survey. The actual traveled road follows pretty much within Zoning File ^1780 August 12, 1993 Page 2 the defined 20 ’ corridor. The City will grant an access easement over Outlot A providing access to residential lot. Review Exhibit G, building envelope has been defined for a residential lot reflecting the 150 ’ setback from the OHWL of French Lake lower basin at 930 and from the OHWL of the sewage lagoon to the north at the 934.3. Please note the 150 ’ setback is for structural development only, nonc'nrniral hardcover may be located within 75’ of the OHWL of the surrounding Natunl Environment Lake. Review the topographic map of Lot 1, Exhibit F, note drainage way that runs northeasterly from the small wetland area at west to French Lake. The drainage from the area flows east from Old Crystal Bay Road to French Lake and then southwesterly to Crystal Bay. The old roadbed that intersects the northwest comer of the property shall be removed and restored to natural ground cover. The future owner will file a conditional use as a separate application to be reviewed at your September meeting. During your inspection of the property, members will note there have been major alterations of the area to facilitate former use. Southern portions of the residential lot are higher than the northern portions. Major cuts have been made into the original higher elevations to permit City ’s former use. Applicant will attempt to restore original grades but maintain 75’ setback from OHWL of surrounding National Environment Lakes. Review Exhibit D, the on-site evaluator was only able to locate one on-site septic site for the 4 1/2 acre property. The property will be served with sewer. The City proposes a Comp Plan Amendment including the 4 1/2 acre property within the MUSA. Review Exhibit E, the engineer is reviewing the existing MWCC lines that intersect the property to determine width of the ufility easements to designated within the residential lo. The drainage easement that in' -rsects tlie property shall be shown at a 20 ’ width. The driveway easement to be granted i'ovi .'ing access to the residential lot should be at a minimum width of 25’. The driveway mn st? iude not only the MWCC 20 ’ easement but the area between the west lot line of the residential lot and the east line of the 20 ’ MWCC easement. The City will also ask for 10 ’ drainage and utility easement along lot lines of residential lot and may be omitted adjacent to the lakeshore. The surveyor must show wetland areas between OHWL of French Lake and dry buildable land of residential lot. This area will be shown as a drainage easement but as property is sewered, the area will be credited for density purposes. Staff Recommendation To approve preliminary plat application of the City of Orono for the property located at 1000 Old Crystal Bay Road finding that all standards of the RR-lBZoning District and Shoreland Regulations of the City have been satisfied, subject to the following conditions: i • Zoning File #1780 August 12, 1993 Page 3 1.Prior to the City granting final approval of the plat, the City must be in receipt of confirmation from Metropolitan Council that the property will receive sewer. 2.The City to resolve issue of maintenance of driveway owned by City of Orono providing access to MWCC facility and new residential lot. 3.Dedication of a 20’ drainage easement over existing drainage way that intersects property. 4.Wetland areas within Lot 1 are to be designated on final plat. It is also recommended that the wetland area to the west side of the access drive within Outlot A will also be designated on the final plat. 5.Surveyor to determine how Natural Environment Lakes are to be shown or designated on final plat either as lake areas or as drainage easements. 6.Surveyor to create legal description for access easement over Outlot A to residential lot. 7.Based on the City Engineer’s recommendation, utility easements shall be desigriated over residential lot providing access to MWCC lines. The issue of park dedication has been addressed as City is dedicating lands within Outlot A for future park use. fir| • |j» m • - I > (• *-oKk-t-—-1 *r =1 «>■ ^ «, 5T ir 'WS' It rir; I <« «« ■ !*•:•• ■9 - ^3. - t^f'i[7'<s237/; ... ) I ,:0NAL 'T*ARK I OrSTRICT "' I ! / Jff\/ c Property owners list for the 1000 Old Crystal Bay Road - Orono Sewer Plant 09-117-23 13 0006 Ellis Kendall 1020 Old Crystal Bay Road South Wayzata, MN 55391 09-117-23 14 0001 Robert Gumnit 1100 Old Crystal Bay Road South P.O- Box 54 Crystal Bay, MN 55323 09-117-23 14 0006 Thomas & Phyllis Colwell 1130 Old Crystal Bay Road South Wayzata, MN 55391 09-117-23 14 0004 H. Johnston 935 Willow Drive Wayzata, MN 55391 09-117-23 11 0004 Robert & Joan Dayton 2465 French Lake Road Wayzata, I4N 04-117-23 43 0012 Herbert & Erika Kahler 2725 Rainey Road Wayzata, MN 55391 55391 09-117-23 21 0006 Robert & Joan Dayton 2465 French Lake Road Wayzata, MN 55391 09-117-23 12 0004 Metro Waste Control 350 Metro Square Bldg St. Paul, MN 55101 09-117-23 12 0003 Leonard Carpenter 15500 Wayzata Blvd Apt 1020 Wayzata, MN 55391 09-117-23 12 0002 A J Ellis 840 Old Crystal Bay Road South Wayzata, MN 55391 09117-23 12 0001 George Must 820 Old Crystal Bay Road South Wayzata, MN 55391 04-117-23 44 :C34 Lyndon Stubbs 185 Old Crystal Bay Road South Long Lake, MN 55356 04-117-23 13 0013 Scott i Susan Vickerman 2685 Rainey Road Wayzata, MN 55391 CERTIFICATE OF MAILING STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO ) ss. ) ) I, Jamie Bosma, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of ^11780, was mailed to the attached list of property owners. In Witness Whereof, I have hereunto set my hand and seal this 5th day of August, 1993. Jamie Bpsma S-P TESTING, INC. P Steven B. Schirmers — MPCA Cert. No. 627 951 Katydid Lane NE • St. Michael, MN 55376 • (612) 497-3566 May 24, 1993 City of Orono Proposed lot at old treatment lagoon Co.Rd.84 Oronon, Henn. Co., MN This letter is in reguard with a Site Evaluation completed on this property for On-Site Sewage Treatment. This site was used for equipment & soil & rock storage etc. Due to the equipment travel, there is very limited space available for placement for a primary & future expansion sites for a 5BR home, 750 gal/day. There is also a 150' setback from the French Lake Basin. Soil Borings were completed, indicating adequate soil for a Pressurized Mound System at the high point of the property facing east to west, 50' x 100'. A second site on the high point north & south has approx. 12" to 18" of Fill with the original soils being compacted. This site would not meet current Code. It is my opinion that this site has only one available area for placement of an On-Site Sewage Treatment System. The current Code requires two sites. STeven B. Schirmersts SBS/ds . *;’/•• • '• i *"• *« . . • I • ♦ • U ••• -■ • ‘ •• •• • f *•• , ’ ’ *. ‘ - ; V>^vX y .V':.' * • <•*■•.••» * • * * *•• • • • ' i-v . • • •.■•’ i' % •,• • oq «V .? '1! I i? ^*t» . , \ t '’\ V. O) .V n I D* (D O ?C - j « ? ® 0-- g’^.? ^ 5* §• spS.n!' “If X w I? 1^ c Da ^1 vO s1? ® o w7 COnn v:V .\V > ;ii -i -V f- '. Ji ■‘v : ' 'fU ^WW ••■'‘r'-ffUtM A M.:r; v-t* 4^'' •'.A ;v.f'“' j.';.' .jj§V ’ti' , f:iik* CC.'j.v--,. ■/I .-V. •V' ■ .'■ * • , ' ‘/JA•,v- .V*., .■11 'v;\ ^'" ' >y ’ “ A " ‘ ir^ V*A •"•» • "• - ‘‘i-C " tVa*'' '' ^ • ■ .■■-:-i 6-.'i.'f t'jt»v .'-..■'r?^4:r-. h&i mm f'lu- w F im 33f??) ^5*m ; i i (m o # f-y mm <2 q_h- Hi t• h'1 I.41 l‘ > r^ . i:.' A ♦♦ ^ I ? r* ‘ i • V i , V > UJ f-o >-om J i X ow • 4 • I • • fnf—wKm • . i f ^ 7' ' ■tx*— * y~*r > • ^ •• • r ■ ' f f _______ • i 1 ' #S p ^ mms m ':H3^3,4a w • / p: Alv m’lm'*mm'■'if xij 1 ^ V' : 7.ni V* .N • L‘J* ' L'^^ ^ I » ■ 4 '-t'l.v^iA*' •■■■ , »•%>( X:.- \ \ — ^^3 T LI E - -----------------------------—i_—I 1 S'. : S'. Si B O N E S' T R O O S S Cl C; 1 A T E Si F' . Ci S l| I Bonestroo Rosene ^5 Anderlik & ^\J| Associates Engineers « Architects August 17, 1993 Ms. Jeanne A. Mabusth, Building and Zcnicg Administrator City of Orono Post Offico Box 66 Crystal Bay, Minnesota 55323 Re: City of Orono Plat File No. 139-1780 CjTM I . • *1 V **► I »‘t Ifm I K*4nc< i I (ert**' i i t*l rtl4l*.«. I Ma,* *. 1*1 $>¥» || I » *.« fei«« Ilf ^ • In*- • • •' A •\r*«# • M <vVMr*| A 1*^ l/HU A I r> i/«ft If llN‘»RlF Pk- Ikiiil Uf Pf lUMtl«) pi f rfri# < A IA ^ A PP A 11 P( i^^i I k.a«*r»irei l.«l I Ijrai l‘l I If CIS*-. V Aiair^ifVa A* A ( Ai«f rt Pf e,».k« I hf Mctwif 7 l4ft ri fMfi j fl .^Cl M AiC » imvtlAN W 1*1 ukuj^C lr*^h PI V PI >riy t> Pptf/vn I'P P A/>A»w4i IM lOrt # l>nf\ 1*1 AUk A VX' **• CiJiy VU MDer^* * * Djrtfl J •• !•» AAm IkJi V*hr«a ri PhA)i 1 rl M.4> II v/«*. 1*1 A4P“s w e-ii j-ii ri I («».«'! tt rt iLfTMl v/-niip.i n I* 11 I hatf N1*1 Inifi k- r.M^• ri lkm*,f.K I im»A 1*1 1 1 r eiW./ve* I'J i f%m» I jfrs-e f I I i I’.pl^ A I •• kV4* (««»M »*.ewe.>v Ike'jM M i iiMv^ f f»tipir«.»l ft Dear Jeanne, We have reviewed the preliminary plat certificate of survey for the City of Orono subdivision. The property is located cast of Old Crystal Bay Road and north of North Shore Drive in the Northeast Quarter of Section 9. Several easements should be acquired at this time to maintain the existing utilities and drainage patterns on the property. These easements arc sbowm on the attached sketch. Drainage and utility easements should be provided 5 feet wide along all lot lines. A utility easement for the existing MWCC 21 inch gravity sewer, and 18 inch and 10 inch forcemains should be provided. The location of the nearest pipe can be established by drawing a line from the most easterly manhole due north. The easement should begin 10 feet cast of this line and continue to the westerly property line. A 10 foot wide drainage casement should be provided to maintain drainage from the west side of the drivev.tiy to the marsh, as shown by the 936 contour. This aL’gnment may be shifted northerly so that it has less of an inpaci cn the building envelope, however, the width should be increased to 20 feet to allow for the added depth and width. Drainage easements should be provided over the limits of the marsh. Please contact me at this office if you have any questions regarding this matter. Yours very truly, BONESTROO, ROSENE, AN’DERLIK & ASSOCIATES, INC. Shawn D. Gustafson, P.E. Q//U/ A'ffA 9J-*. S (W. 3j \ \ \ \ '■'■^=fMl!,i 'i- <1: y / ' > / ^ J I wZ^L7j2_'-<f'cr^/ p^^oiy / / / / 34. £3 ! -icrfi ‘ • 75ju3^^ ;^y 0H(^ £.Aff( r 9^0 . C „ / / /' / Jjf"'y-v /.Mx' LEfigKlt) • U*.*l‘‘*7 4' r Wi _____i .. f ^ c» ^ iit«ti»«ipr i«. V ^i?g “ ■ “♦■''•■+> ‘i "■ •. f.£0 1320 To: From: Date: Subject: Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator Jeannw Mabusth, Building & Zoning Administrator COUNCIL MEETf.V AUG 2 3 : CITY OF ORONO August 19, 1993 #1841 William and Lori Cornelius, 960 Tonkawa Road Variances - Resolution (Amended) The previous resolution has been amended to include the addition of two conditions as directed by Council with the conceptual approval of the variance application. Condition #3 deals with including the 1200 s.f. of hardcover within the 0-75’ setback area with the 75-250’ hardcover allowance. Condition #4 sets controls on the removal of mature trees within the loop area of the drive requiring applicant or future owners to seek the City’s approval before a tree in excess of 8" diameter is to be removed. If the Council seeks a more formalized legal notice than via the condition of variance approval through the resolution, a restrictive covenant may be drafted to be filed against the Chain of Title. Please contact staff prior to the meeting if other changes or additions are sought. 1 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO _________________ c/ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B) AM) SUBDIVISION 2 FILE NO. 1841 WHEREAS, William G. and Lori ComeUus (hereinafter "the applicants") are owners of the property located at 960 Tonkawa Road within the City of Orono (hereinafter "the City") and legally described as follows: refer to Exhibit A enclosed, (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municip^ Zoning Code Section 10.22, Subdivisions 1 (B) and 2 to permit a section of a former roaabed located within the la:<:eshore protected area to remain and to be upgraded as ^ drivewav The former gravel roadbed is located 50’ from the lakeshore where a 75 setb would be required and will result in 1200 s.f. of permanent hardcover where no hardcover is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1841. 2. 3. The property is located in the LR-IB Lakeshore Residential Zoning District requiring one acre in area. The subject property consists of 2.8 acres. The Orono Planmng Commission reviewed this application on July 19, 1993 and recommended approval of the proposed variances based upon the following findings: A. Applicant and applicant’s contractor were not notified by surveyor ^at loop driveway approved with building permit was relocated out of the 75 setback area without any consideration of the impact on existing elevations nor on mature trees. Pace 1 of 6 •a CITY of ORONO RESOLUTION OF THE CIT\’ COUNCIL NO________________ B. The use of a section of a former gravel drive located within the 0-75’ setback area will allow for the saving of eight to ten mature maple trees within the street yard. C. Applicant had applied for an average lakeshore setback variance in October of 1992 and would have added the request for the use of 1200 s.f. of gravel drive located in 0-75’ setback area had owner or builder been made aware of surveyor ’s amendment to site plan. D. Location of house in relation to the mature grove of trees and location of well head restricts the installation of a turnaround to the immediate west side of residence. E. The applicant does not propose to expand road as a result of the improvement and will continue to allow drainage to How to west and north of drive. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properry; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial propeij' right of the applicants; and would be in keeping with the spirit and mtent of the Zoning Code and Comprehensive Plan of the Cit>-. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, co^ents by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 6 CITY of ORONO RESOLLTION OF THE CITY COUNCIL NO._______________ CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2 to allow a section of gravel drive to remain located 50’ from the shoreline requirmg a 25 or 33% setback variance and 1200 s.f. or 2.66% hardcover surface where no such hardcover is allowed, subject to the following conditions: 1. All road improvements within the 12 ’ wide drive located witliin the lakeshore protected area shall be limited to the e,\isting roadbed as the City will approve no expansions of drive within die lakeshore protected area. 2. Prior to the installation of the drive, the City Engineer must approve the driveway and final drainage plans for site. 3. Hardcover improvements within the 0-75 ’ setback area at 1,200 s.f shall be credited against allowed hardcover within 75-250 ’ setback area now totaling 18,340 s.f. or 24.6%. Applieant.« ?re allowed 285 s.f. or .04% for fiiture hardcover improvements within /> -50’ setback area. 4. Applicants and/or future owners shall first obtain the approval of the City prior to the removal of manire trees (trees in excess of an 8 inch diameter) located within the interior of the loop driveway. 5. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (August 9, 1994). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. Th- undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assign, hereby agree to the recording of this re?^olution in the Chain of Title o e property. Page 3 of 6 r»« UB »ik Jw« CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO._______________ Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 23rd day of August, 1993. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan. Jr., Mayor Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of August, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin. Mayor and City Clerk ot the City of Orono, a Minnesota municipal corporation and said instrument was e.xecuted on behalf of the City. Notary Public Page 4 of 6 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO________________ On this day of , 199 __before me a Notary Public within and for said county, personally appeared ____________^^----------------------- known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this dav of , 199 before me a Notary Public within and for said county, personally appeared _____________^---------------------------- known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (tliey) executed the same as his (their) free act and deed. NOTARY PUBUC Paee 5 of 6 . •: • • • EXHIBIT A ThftMrt ofLoT^’g^^AudH Subdivision No. 217. Hennepin County, Minnesota, Lying IS oUhe easteriy tine of the plat of Partenwood, according to the plat thereof on file or o^f recordin the office of the Registrar of Deedsin and for said County. Lot^f^ and that part of Lot 17. Auditor's Subdivision No. 217, Hennepin County, Minnesota, which lies northerly of the following Commencing at the point of Intersection of the northeriy line of Tract A. Registered Land Sun/ey No. 617, files of Registrar of Titles, County of Hennepin, and the northeasterly line of County Road No. 135; thence North 23 degrees 20 minutes West flinnn said northeasterly line of said County Road No. 135 arid its northwesterly extension a distance of 171.35 feet to the actual point of beginning of the described: thence North 83 degrees 35 minutes East to the shore of Lake M.nnetonka and said line there ending. r COUNCIL AUG > 3 TO:Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator CITY OF ORONO FROM:Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE:August 19, 1993 SUBJECT: Submittal of Comprehensive Plan Amendment No. 5 to Metropolitan Council Attached is a proposed cover letter, information submission document, and copy of the staff memo and maps for submission to Metropolitan Council requesting approval of Comprehensive Plan Amendment No. 5. Please review the information and indicate m staff if you have any questions or revisions. Once Met Council approval is obtained, the City may adopt the amendment by resolution. PROPOSED MOTION: Moved by , seconded by__, to direct staff to submit a formal request to Metropolitan Council for approval of City of Orono Comprehensive Plan Amendment No. 5 per the attached document. J August 24, 1993 Ms. Linda Vogue, Referrals Coordinator Metropolitan Council, Mears Park Centre 230 East Fifth Street St. Paul, Minnesota 55101-1634 Re: Proposed Comprehensive Plan Amendment Dear Ms. Vogue: Attached is an information submission document for Metropolitan Council approval of City of Orono Comprehensive Plan Amendment No. 5. This is a minor amendment to slightly revise the MUSA boundary. Please contact me or the Assistant Planning & Zoning Administrator Michael Gaffron at 473- 7357 if you have any questions. Sincerely, Ron Moorse City Administrator RM/ch Enc. August 24, 1993 Ms. Linda Voge, Referrals Coordinator Metropolitan Council, Mears Park Centre 230 E. Fifth St. St. Paul, MN 55101-1634 Re: Information Submission for Minor Comprehensive Plan Amendment I. GENERAL INFORMATION A. B. Sponsoring governmental unit: City ol Orono Name of local contact person: Ron Moorse, City Administrator Street Address: 2750 Kelley Parkway Mailing Address: P.O. Box 66, Crystal Bay, Minnesota 55323 Telephone: 612-473-7357 Name of Preparer: Michael P. Gaffron, Asst. Planning & Zoning Administrator Date of Preparation: August 1993 Name of Amendment: Amendment #5 to 1980 Orono Community Management Plan Description/Summary: MUSA Boundary Amendment Add 4.1 acres of developed lakeshore land to MUSA to allow one new residential connection to existing municipal sewer lateral, thereby eliminating an existing failed septic system. Exchange 5.7 acres undeveloped land currently in MUSA for 5.7 undeveloped acres currently outside MUSA. No net increase in developable MUSA acreage will result in two new residential sewer connections. C. Please find attached the following: Ms. Linda Voge August 24, 1993 Page 2 1. 2. 3. 4. Five copies of the proposed amendment. A city-wide map showing the location of the proposed change. The current plan map, indicating area affected by amendment. The proposed plan map, indicating area affected by amendment. D. What is the official local status of the proposed amendment? X Acted upon by Planning Commission on August 16, 1993. X Other. This amendment was proposed by the City Council on July 12, 1993 subject to review and approval by Planning Commission and Metropolitan Council. E. Indicate what adjacent local governmental units and other jurisdictions (school districts, watershed districts, etc.) affected by the change have been sent copies of the plan amendment, if any, and the date(s) copies were sent to them. No adjacent municipalities are affected. Notice has been sent to Hennepin Parks, whose property is affected and who has given verbal approval. II. LAND USE A. Describe the following, as appropriate: 1. 2. 3. 4. 5. 6. Size of affected area in acres: 4.1 acre- developed; 5.7/5.7 acres undeveloped (no net increase in undeveloped MUSA acreage) Existing land use: Single Family Residential Proposed iand use: Single Family Residential Number and type of residential dwelling units involved: a) 4.1 acres: 1 existing single family home b) 5.7 acre trade: will yield 2 future lots on vacant parcel Proposed density: 1 unit per 2.8 acres vvacant parcel) Proposed square footage of commercial, industrial or public buildings: not applicable III. METROPOLITAN DEVELOPMENT GUIDE A. Population. Household and Employment Forecasts Ms. Linda Voge August 24, 1993 Page 3 Will the proposed amendment affect the city ’s population, household or employment forecasts for 2000, or any additional local staging contained in the original plan? X No/Not Applicable B. Changes to Urban Service Area Boundary Will the proposed amendment require a change to the boundary of the community ’s urban service area? X Yes. A map is attached showing the proposed change. C. Changes to Timing and Staging of Urban Service Will the proposed amendment require a change to the timing and staging of development within the urban service area? X No/Not Applicable. D. Wastewater Treatment 1. Will the proposed amendment result in a change in the projected sewer flows for the community? X No/Not Applicable. 2. If your community discharges to more than one metropolitan interceptor, indicate which interceptor will be affected by the amendment. This amendment will result in a total of three new individual residence connections contributing to the Orono interceptor in County Roads 15 and 51. Two of the three connections will be upstream from MWCC Lift Station No. 59. 3. Will flows be diverted from one interceptor service area to another? X No.'Not applicable. Ms. Linda Voge August 24, 1993 Page 4 E. Transportation F. I. 1. Will the proposed amendment result in an increase in trip generation for the affected area? X No/Not applicable. 2.Does the proposed amendment contain any changes to the functional classification of roadways? No. Aviation Will the proposed amendment affect the function of a metropolitan airport or the compatibility of land uses with aircraft noise? X No/Not applicable. Recreation Open Space Will the proposed amendment have an impact on existing or future federal, state or regional recreational facilities? X No/Not applicable. Note: 5.7 acres of Noerenberg Memorial Park will be removed from MUSA. Hennepin Parks’ Doug Bryant has indicated verbally this will not impact the current or future park development. Housing Will the proposed amendment affect tlie community’s ability or intent to achieve the long-term goals for low- and moderate-income and modest-cost housing opportunities contained in the existing plan? X No/Not applicable. Water Resources 1.Does the plan amendment affect a Miimesota Department of Natural Resources or U.S. Army Corps of Engineers protected wetland? Ms. Linda Voge August 24, 1993 Page 5 X Yes. A small portion of the French Lake basin will be included in the MUSA. This is a Type 3 Wetland and is shown on the map attached. 2. Will the wetland be protected? X Yes. Local ordinances prohibit alteration of wetlands or lands within 26’ of wetland. Further, French Lake is a DNR-classified Natural Environment Lake which requires 150’ structure setbacks. 3.Will the plan amendment result in runoff which affects the quality of any surface water body? Yes. French Lake basin. 4. Will the water body be protected? X Yes, by City shoreland ordinances regulating impervious surface percentage, structure location, site drainage and grading, etc. IV. IMPLEMENTATION PROGRAM A. Official Controls Will the proposed amendment require a change to zoning, subdivision, on-site sewer ordinances or other official controls? No. MPG/ch TO: FROM: Platuiing Comniission Members Ron Moorse, City Administrator Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE:August 9, 1993 SUBJECT: Comprehensive Plan Amendment No.5 - MUSA R jundary Amendment List of Exhibits A - Existing MUSA Boundary Map B - Proposed MUSA Boundary Additions and Subtractions C - Legal Descriptions Synopsis This if a public hearing to consider inclusion of certain properties within the Metropolitan Urban Seivice Area (MUSA) boundary. The MUSA line is a boundary established by local governments and the Metropolitan Council to define those areas which are or will be served by the Metropolitan Sewer System. Background In 1980 Orono defined its MUSA boundary to include only areas currently served with municipal sewer. Subsequent amendments to the MUSA boundary were approved by Met Council after construction of the Minnetonka Bluffs, West Femdale/Marinas/Orono Lane, and Crystal Bay Sewer Projens. A further amendment was approved in 1992 prior to the Stubbs Bay project. The most recent amendment, approved in May 1993, added four additional areas to the MUSA including the Long Lake Sewer Pond property and property near and including Noerenberg Park. The currently proposed MUSA boundary amendment (Comprehensive Plan Amendment No. 5) responds to a request by resident Alan Nettles at 1940 Shoreline Drive to include his property in MUSA and allow connection to Lhe existing Crystal Bi:y sewer, rather than replacing " i.s failing septic system. Fu.iher, Amendment No. 5 proposes to add the 4+ acre Orono Sewer Property building site to the MUSA, while removing an equivalent area of vacant land from the MUSA. The land proposed”for tb' - trade is adjacent to Maxwell Bay and within Noerenberg Park (see Exhibits). Rationale for MUSA Addition.s The Nettle’s request for connection to municipal sewer results from the failure o his existing trench type drainfield system. This is a lakeshore property adjacent to Smith Bay, and the septic system is approximately 100’ from the shoreline. Municipal sewer is avaUable at the Memo - Comprehensive Plan Amendment No. 5 August 9, 1993 Page 2 southea.sterly comer of the property without the need for extension of City lines. A manhole exists approximately 20 ’ from the Nettle’s property, and a direct connection to the existing lines can be made at relatively low cost to the property owner. A connection charge of just over $11,000.00 will be required from the homeowner. Mr. Nettle’s has completed preliminary site evaluation which indicates a mound system would be required either directly behind the house in the rear yard, or in a flat area of the front yard near County Road 15. The cost of such a system approximates the cost of municipal sewer. Since this is a lakeshore property, and since the property is just over 2 acres dry buildable and cannot be further subdivid d or developed, it would seem appropriate tO offer the ability to connect to sewer and reduce by one the number of remaining lakeshore properties using septic systems, one additional step in protecting Lake Minnetonka. The total ; areage being added to the MUSA is 4.1 acres, which for ease of mapping and description includes railroad right-of-way, road right-of-way and a portion of the Terry Morse property that is designated wetland but does not bring his property any additional development potential. The proposed MUSA amendment for the Orono Sewer Property involves a 4.4 acre proposed building site which the City is selling for development as a single building site, with potential for one additional building site via subdivision to occur no sooner than five years hence. The area of the MUSA extension including wetlands is 5.7 acres, which will ultimately result in two sewer connections to the metropolitan system. The need for the MUSA extension and provision of municipal sewer is that the property has been disturbed through its previous use as the Public Works ’ materials storage site and does not have the necessary undisuirbed ground available to accommodate primary and alternate drainfield sites for two single family residences. The property is adjacent to a gravity sewer trunk which charues to MWCC Lift Station No. 59, and therefore connection to the sewer system cao »•- without extending municipal sewer lines. In order that the acreage of developable MUSA area in the City not increase, an equi\alent 5.7 acres of vacant land in nearby Noerenberg Park will be removed from the MUSA. This MUSA trade has been discussed with Hennepin Parks officials, and they ha' e indicated no objection to the proposal. The intent of an equivalent trade resulting in no net increase to developable MUSA acreage, is in response to recommendations of Metropolitan Council staff when queried as to the potential for a timely, noncontroversial review and approval of this amendment. From a planning perspective, because the City’s intent in this 2 acre zone is to allow sewered Memo - Comprehensive Plan Amendment No. 5 August 9, 19^3 Page 3 development of a property adjacent to existing sewer lines to develop with sewer at a 2 acre density, the integrity of the City’s planning philosophy remains intact and in fact enhanced. Low density development will be allowed adjacent to a Natural Environment lake. The lake will be protected by hardcover standards, setback requirements, and controls on land and vegetation alterations. No pressure to develop this property at a higher than allowed density will be created based on the requirements of the purchase agreement. The proposed MUSA amendment to allow connection to sewer appears to not be in conflict with the goals and principals of the Comprehensive Plan. Staff Recommendation Staff recommends that Planning Commission forward a recommendation to Council for approval of the proposed MUSA boundary amendment. L 01 H (Dtr (Du H* (D CO (D (D H *d O H H- O H 0> P i »d (D lo P______n >a Q. H* rt M- (U h ft O > X’O H M• o < n> a »13 (U M rt ►O (i> h rt ♦o OJ M rt rt >a0. H- rt H- O D (A »o »d »o 'u »u »u *d »d »d (D(U(UtD(D(DDJ(Dpj(unj M M ►I M M M »i M M h rt rt rt f t rr r rt rt ct ft rt M (D rt XXX M H M < M M <I < H*(n (u rt O' (fl ti o. 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O O to CD M ;n' p- p- otoo o cn > H O ro 0) aa M H M O 2: CO U‘ I to CD < 0) to to > to to I 0 rj 01 m r t-’ D T. nr , .......... -Mill ■ III------------» ■■linn ——------------------------ sEc.4,T.i‘ .'.n.,:r. '} : \ \./ / (f0> . ■cm (111 TV •I •J -.0 'ark ' DISTRICT I ma n •ii ■r\t* PROPOSED MUS, ADDITION "PARCEL 1" J0NNS70MS 7XZ/1CM lAX ! c' ' . ’• Jt-• p SIC0«D *00)1 > •• rrS? 1 GOvr LOIS 5 4 6 V’CHM SCfCR OISIMCT 80ut«MT SCHOOL 0ISI*ICI B0CM)*«T ■Arens*«D ots'lua boumomt INCHtKHt 0OW«MT K»#<PI»I COONIT. II|»#<S0' (b«iu vf puaic scPvicE OtP/JlIkCM OP "WCPtT U wo PU9.IC HE COWS ' *itr aivISICN CITV-PROTECTED VVE'I’LAND GOVT LOT C2fl) (20) \ (H)i C/ 15 Hi) \r /- MUSA P^lHl B e- l(P«T A .iS‘? ^.BEUCVC iMi: ois*-^a / . S TMI! iiaT^J 7 •/ ijr.6/ / (23) it(24) w ( 16) ( 18) • » %(S^ . « )I 5 (J5) (97)sMit ^ -r. fi. 4 -- rOURAlCl i (14) MUSA s 90)4 (3).,,M vr-' ^rS,t/ ( 15) or vioiro B0S aaC€«S IMW 541-21 ' 7 '• / » ' " - k 00-L- ry.2(>ze«44T. I .51 CCBICB OF V4CATT0 «osM«m lA^iic PROPOSED MUSA ADDITION "Parcel 2" *!©?•OLJ. L CITY OF ORONO NOTICE The Planning Commission will hold a public hearing in the Council Chambers at 2780 Kelley Parkway on Monday, August 16, 1993 at 7:15 p.m. on the matter of Application #1848, a proposed amendment to the Orono Comprehensive Plan for the purpose of revising the Metropolitan Urban Service Area (MUSA) boundary to include the properties generally locate^ at 1000 Old Crystal Bay Road South and 1940 Shoreline Drive, legally described as: Parcel 1.The west 230’ of the south 550’ of the NEU of the NE'>4 of Sec. 9-117- 23, and The north 467.5’ of the east 220’ of the south 550’ of the NW14 of the NE'/4 of Sec. 9-117-23. Parcel 2.Commencing at the most southerly comer of Lot 2, Block 1 "Ora Park ; thence northwesterly along the southwesterly line of said Lot 2 and the extension of said southwesterly line to the center line of Brown Road; thence northeasterly along the center line of Brown Road to its intersection with the extension of the northeasterly line of the southwesterly 121.12’ of Lot 5, Elbridge S. Barnes First Subdivision; thence southeasterly along said northeasterly line extended to the shore of Lake Minnetonka; thence southerly along the shoreline of Lake Minnetonka to the southwesterly line of Lot 5, Elbridge S. Barnes First Subdivision to its intersection with the .southeasterly lines extended of Lots 1 and 2, "Ora Park"; thence southwesterly along said southeast line extended to the point of beginmng. and exclude the following property located at 2840 North Shore Drive: Parcel A.That portion of Government Lot 2 in Sec. 9-117-23 lying north of a line described as follows: a line parallel to the north line of the SWW of the NW'4 of Sec. 9-117-23, located a distance 420’ south of said north line. All persons wishing to be heard will appear at this time. Written comments are solicited. A map of the parcels described above is available for review in the City offices. City of Orono By: Planning Commission Michael P. Gaffro Assistant Planni Zoning Administrator To be published the week of August 2, 1993. To: From: Date: Subject: COUNCiL riviLildi.w^ Orono Planning Commission Members Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator Jeanne A. Mabuslh, Building & Zoning Administrator AUG i ' j CiTY OF ORONO August 19, 1993 #1849 Estates of Barbara B. Lund and Russell T. Lund. Jr. 905 Tonkawa Road - Vacation of Sewer Easement - Resolution Brief Review of Application Per the directives of the preliminary approval resolution for the two-lot subdivision application (#1818), the applicant has petitioned for the vacation of a 20 ’ sewer easement that intersects the proposed undeveloped lot. The easement serves no public purpose and indeed presents problents with the future residential development of the lot by pushing development closer to lake. Planning Commission Recommendation The Planning Commission recommended unanimous approval of the vacation application. The enclosed approval resolution has been drafted per the findings and conditions of the Planning Commission recommendation. A RESOLUTION VACATING A SANITARY SEWER EASEMENT WITHIN THE PLAT OF VASA PARK, SECTION 08, TOWNSHIP 117, RANGE 23 IN THE CITY OF ORONO, MINNESOTA FILE NO. 1849 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, on July 21. 1993 the Estates of Barbara B. Lund and Russell T. Lund, Jr. filed a petition with the City of Orono requesting the vacation of a sanitiry sewer easement originally dedicated in the plat of Vasa Park, legally described as follows: The sanitary sewer easement shown on Lots 1 and 2, Block 1, VASA PARK, according to the recorded plat thereof. WHEREAS, after due published and posted notice, a public hearing was held before the City Planning Commission on August 16, 1993, regarding said vacation and all interested persons were given an opportunity to be heard; and WHEREAS, after due standing and consideration, the Planning Commission recommended approval of the proposed vacation and the Council of the City of Orono finds that said vacation as proposed is in keeping with the public interest and in consideration of the following findings: 1. The City has not and does not intend to develop a municipal sewer line within the 20 ’ easement. 2. The location of the easement within the proposed building envelope of the undeveloped lot will present problems with the future residential development of the site and force development closer to lake. 3. The sanitary sewer easement as it exists serves no public purpose. Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED, that the petition of the Estates of Barbara B. Lund and Russell T. Lund, Jr. is hereby granted and that the sewer easement legally described above is hereby vacated. ADOPTED by the City Council of the City of Orono, Minnesota at a regular meeting held on August 23, 1993. ATTEST; Dorothy M. Hallin, City Clerk Edward J. Callahan, Jr., Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of August, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 2 of 2 TO:Planning Commission Members Ron Moorse, City Administrator FROM: Jeanne A. Mabusth. Building & Zoning Administrator DATE:August 6, 1993 SUBJECT: ;?1849 Estates of Barbara B. Lund and Russell T. Lund, III. 905 Tonkawa Road, Vacation of Sewer Easement - Public Hearing Pertinent Ordinance - Section 10.12, Vacation of Streets/Alleys and Public Grounds Applicant has petitioned for the vacation of a 20 ’ sewer easement th'at intersects proposed Lot A as shown on Exhibit E. The vacation application was requi*ed as a condition of preliminary subdivision approval (Application ^1818). List of Exhibits A - Application B - Plat Map C - Property Owners List D - Resolution mil - Approval of 2-Lot Subdivision for Applicants E - Preliminary Plan Review of Application During the review of the 2-lot subdivision in the early spring of 1993, the City found there was no longer any public interest or need in the platted 20 sewer easement dedicated at the time of the Vasa Park Plat. Sewer service to the property is provided either in the County Road right-of-way or at southeast lot line of proposed Lot B. The vacation of the easement was to be completed prior to final plat approval - review Exhibit D. The vacation was deemed necessary as the location of the easement would present problems with future residential development. As required by ordiiumce a public hearing notice has been published and posted the weeks of August 2nd and August 9th. The City has received no comments from adjacent neighbors. Staff Recommendation Staff recommends the vacation of the sewer easement as shown and described in the plat of Vasa Park finding no further public interest or need for easement area. CITY OP ORONO - GENERAL I-AND USE APPLICATION mm m ^ m «»• ^ •* ^ ** *" “ PROPERTY LOCATION _ff TT"._d 'fi'f f) f •. Site Address lA^'A :r-- ✓r* • » / Property Identification Number (P.I.D.)C>x:r.ty' v> Please attach legal description to application if not included r. cu»^A ZIT Name Phone (heme) ^7 Pho.'ii“ (wor)c) Address 9os r^/UMAU^A City Zip OWNER (if different than applicant) Name Phone (home) Phone Address City Zip Date Prooertv Acauired (month/year) I (do) (do not) also own the adjacent parcels of land. FBBS - CONDITIONAL OSE PERMITS - _ _ _ _ $ 50.00 For each variance request with CUP application _ _ _ _ $125.00 Residential accessory Use _ _ _ _ $175.00 Institutional (church, school, etc.) _ _ _ _ $150.00 Guest House/Guest Apartments _ _ _ _ $150.00 Duplex Credit/Bldg _ _ _ _ $250.00 Commercial/Industrial Use $200.00 Land Alteration •* • • ■ -r t . . J . V •.‘J Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more Grading, seawall, retaining walls within 75' of lakeshore PRD/PID - see fee schedule Renewal Fee - $100.00 (no change from original application) After-the-Fact Fee - Double Current Application Fee R APPLICATIONS $200.00 " $250.00 “ $175.00 $ 75.00 “ $300.00 $300.00 $100.00 Commercial Site Plan Review (+ consultant fees) Vacation Easement Vacation Easement Vacation With Subdivision Rezoning (PUD - refer to fee schedule) Comprehensive Plan Amendment Appeals Other - see fee schedule PRESENT USE uF PROPERTY Present Zoning District Present Use of Property lK-iB X Residential Other (specify) DESCRIPTION OF REQUEST ^ ^ Describe request in details I//—d- /A^AJ/rtl__lL—didJL— 2. 3; 4. 5. 6. 7. REQUIRED SUBMITTALS c^rtlfled p'’rI-ist of'owners within 350- (you can obtai 1ms lilt froTHennepin County Department of Finance A-603 Governmen Center 348-3271). Plat Map. , . j *\Certificate of survey (signed by a licensed surveyor). n Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades), construction plan, if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. you ARE REQUIRED TO SUPPLY 30 COPIES OP LARGE DOCUMENTS OR A WORKING COPY (ll* X 17* OR SMALLER) FOR ALL DOCUMENTS SUBMITTED.__ mm mm mm mm mm mm mm mm ^m mm •• •• •• *** The applicant and Property Owner must sign this application. remember that your application is not complete if the above information has not been included. Certification by Clerical Department that Land Use Application is complete. Initials of Clerical Staff:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^®^®_ _ _ _ _ _ _ _ APPLICANT'S SIGNATURE The applicant hereby agrees to provide all information requested by the Zoning Administrator, agrees to pay additional fees time not covered by original fee payment) and/or unusual expenses incurred in review of this applicat’on, and certifies that the information supplied is true and correct to the best of his/her )cnowledge. —V Applicant’s signature /Date y OWNERS SIGNATURE further The owner hereby ac)cnowledges and agrees to this application ®^® authorized reasonable entry onto the property by City staff, i agents, commission members, and Council members for purposes investigation and verification of this request. Owner's signature Date ------------------- Applicant must have all submittals into the City offices 25 <^®y®. J?® Planning Commission Meeting. Planning Commission Meetings are hel o third Monday of each month. Applicants must be present at all review meetings of the Planning Commission and Council. If an applicant unable to attend a scheduled meeting, please ma)ce arrangements “®'^®^ ® authorized agent attend in your place and advise the Building S zoni g Office of this change prior to the meeting. < I'jj (5 IIO) > 'ir.>/ ) (M) f. / tvJ^'/ \ \ / 1 •<).•■• ■(ij) >■?: / • V, •> .• t»./ ’5*^;»*t \ >> M It \ ^(/O ^ V PARTCRBOOD \ {u) (»3) f‘\ <« !i I a ti' [•’• h' X i *1) r«)‘\ ■cv.^. /y ■••3%s> %• y V,i9« I . • A" ti •, 1 (?) •x / /•* ' V #/ -.• r 5 .:i M ^AitTS; <i> ;.»•• ♦ n*» ( '0» .A V 5 ; fc \ » I •K* * .• i A UV,>. I '•■t^6) -V tjL. * (jt If* # •v*v 4 / / >*»X' A,/Vi V \W^/Awj[^..Wr//. .?/. A: l-\».L> Cj w / / •• :• .«» -1 »V\ :a* -(0 , i .• -.• * • 5)\ r*\ '»-S i,--e Kr/W. *tLi. f t t#:•; 21 »•■ *• ' '-'Mt- ■ ' •■*■■ .' •■ '£' RUN OATi 05/24/95BATCH 001PROP AODR OMCR NAHi TAXPAYER NAME/AOOR PROP AODR OM«R NAME TAXPAYER NAHE/AOOR 50 05-117-25 54 0015 00075 PARTErMKM) LA J 0 HCELHANEY/J 0 MCEIHANEY JACK 0 A JUOY 0 MCELIIANEY 075 PARTE»A«00 LA LONG LAKE MM 55554 50 00-117-25 -1 0002 00045 TONKANA RO ANN A AOELSIIEIM HRS A»tl A AOELSIIEIM 025 TOIKANA RD LONG LAKE »tl 55554 IIEIAIEPIN COUNTY PROPERTY IMFORMftTIOH SYSTEM PROPERTY OHNERS LIST50 00-117-25 12 0004Q099U PARTEIAIOOO RO BRUCE A MARY ENGELSMA BRUCE A MARY ENGELSMA 990 PARTEiaiOOD RO LONG LAKE IN 55554 50 00-117-25 21 0005 00647 TOIAIAHA RO C A C COLLINS III GEORGE/CIIARUOTTE COLLINS III 647 TONKANA RD LONG LAKE MN 55554 REPORT NO. P1455401 PAGE 158 06-117-25 21 000100001 TOtXAWA RD .J E A L 0 MOORE JOHN E A LOURDES 0 MOORE 1125 IIOIIANK RD HILHETTE IL 40091 56 08-117-25 21 0007 00950 PARTEIAIOOD RO HALANO C A JO ELLE L IIURR MALANO A JO ELLEN MURR 950 PARTEIAIOOD ROAD LONG LAKE It! 55554 PROP AOOR OMIER NAME TAXPAYER NAME/ACOr. PROP AOOR OIRCR NAIK TAXPAYER NAHE/AOOR 50 00-117-25 21 0010 00925 PARTEMMOO RD JAM LAFAR JACK A MARY SAFAR PARTEM9D0D ROAD LAKE MN 55554 50 00-117-25 21 0015 00955 TOIALANA RO HILLIAH J HCLELLAN ETAL HILLIAM J HCLELLAN 955 TOIALAMA ROAD LONG LAKE Itl 55554 SO 08-117-25 21 0011 00058 AOORESS UIIASSIGIIEO J H SAFAR A H SAFAR JACK SAFAR 925 PARTEIAIOOD RO LONG LAKE Itl 55554 58 08-117-25 21 0014 00955 TONKANA RO JAM GILBERT JAMES M A MARY M GILBERT 955 TONKANA RO LONG LAKE Itl 55554 58 08-117-25 21 0012 00905 TOIALANA RO RUSSELL T JR ETAL RUSSELL T LUT'J •« 1450 NEST lake ST MPLS Itl 554C6 58 »\7-'.’ ■*' 0017 00SC4 FARiilA JO RO GARY N • GARY N A 900 PAR'> ■ JOD RO LONG H't Itl 55554 ••.i^'E ■ KRIMMEL u* <HE M KRIMMEL PROP AODR OMCR NAIC TAXPAYER NAME/ADDR TOTAL BATCH 001 00012 .i • ^ O ‘ > RUN DATE n/zwn ' BATCH 001 HEf#4EPlN COUNTY PROPERTY INFORM#fION SYSTEM PROPERTY OHNERS LIST .(EPORT NO. PI43S<i01 PAGE 2 1 0 o I I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HErtlEPIN COUNTY DEPARTMENT OF PROPEJIfY^XATION, TO wft BEST OF Hr KNOirLEOGE AND BELIEF. / / DATE .'y CITY of ORONO RESOLUTION JHE CITY COUNCIL D 'SvS ss'as™,™ FOR^ RUSSELL LUND ESTATE - FILE NO. 1818 Ch'26 1993 for Lo. 1. 2 and 3. Block 1. Vaaa Park. Hcnneoin County. Minncsou (hcremaftcr "the property"); and Statutes 462.358 ct. seq. and e ^ j9 [993 at which time all persons WHEREAS, at their tegular ’Lund^^tme. noting the CouncU considered the subdivision apphcauon of the Russell T. Lun following findings of fact: 1 . The property is located within each 7.,nin» District requiring a minimum of one acre 01 o newly created lot. . . 1 ^ "irres all of which is considered dry2. The property contains a total of 6.j buildable. The proposed plat contains two Tplo^xi^-21 acres, requirements. Lot A proposed at 3.03 acres. lx> y v Lot A is 305 ’ measured in a straight line at the shoreline and 290 setback area where 140 ’ lot width is required. Lot B is 280'+ measured in a straight line at the shoreline and 275’ at the 75 Page 1 of 4 3. 4. 5. CITY of ORONO RESOLUTION OF THE Cm* COUNCIL .Ti-w O :yNO, setback area where 140’ width is required. d Fach lot shall retain a separate access at County Road 135 or Tonkawa Road New access to serve Lot A must be approved by Hennepm County, Department of Transportation. 7 Proposed Lot B. the developed lot. has an excess of hardcover wito the 0-75' sno'setback area The Planning Commission recommended approval of e^satrdfove'? ^iL the proposed lot based on the following findings: A To reauire a lot line readjustment to include over a one-half acre of area withii?the 250-500* setback area, would result in Lot A’s future residence being developed closer to the lake. R If nroDOsed house on Lot A is to be constmcted closer to the lake, ^e City would be encouraging a variance to the average lakeshore setbac . C. The Lot B at 3.27 acre has a total of 16.6% hardcover. Hardcover within the 75-250’ setback area is at 4.68% where 25 /o is allowed. p. 5.73% hardcover exists within the 0-75’ setback area. ^ the hardcover consists of a portion of a concrete an asp ^ p was installed years ago with the development of the property. Jh^P Tovides access to the lakeshore. AppUcants have agreed to remove Lphl portion of the ramp and to reinstall with an access stnicture that conforms to current shoreland standards. Mr»w thfrfFORE be it RESOLVED, iliat based upon either one or more of Ihc rmdingr^m’d™t?e^i’.y Council of Ci^ it prcliminaiy plat for the RusseU Lund Estate at 905 Tonkawa Road P“ „ irprtised March 25. 1993. by Mark S. Gronberg of Coffin and Gronberg. Inc., suoj the following conditions: 1. Prior to final approval applicants shall file a vacation application for sewer easement that encroaches within Lot A. Page 2 of 4 CITY of ORONO IlESOLimON OF THE CITY COUIS'CIL 9 '7 ’7NO. P ^ —----------- 2. Tte foUowing structures shall be removed prior to final plat approval; A.Shed on proposed sharea lot line. B 4. Kncp to be removed. Antenna base located within "iTbTallowed to remain as long as anchor bolts are removed to level of existing paved kennel floor. satellite dishes and other items stored on undeveloped lot to be removed prior to final plat approval. 250 ’ setback area. the month: Record plat drawings in the form of ^o (2) mylar copies and one (1) copy reduced to 1 ” = 200 ’. Drawing to mclude. A. Lot lines platted per preliminary survey by Mark S. Gronberg dated June 12 1992, revised March 25, 1993. -1' 1. B. 2. C. Naming of plat. Legal documents required: other documents affected by such interest. Page 3 of 4 oT ■* CITY of ORONO resolution of the city council NO. ±±Jli------- .pplica... must provide eertif.ed copies of all recorded easements currently affecting the property. 3. Fees to be paid: Total due: S375.00* A. Final plat fee = S175.00 B. Legal review and fUing fee = S200.00 *The two lot subdivision shaU p^k^dediwtioT ft can be held this lOih day of May, 1993. ATTEST: Hfilin. City Clerk Edward J- Callahjdi, Jr** Mayor^^'^ STATE OF MINNESOTA ) ^ SS • COUNTY OF HENNEPIN ) The foregoing instrument was f Ci^ of 1993. by Edward J. Callahan * instrument was executed on behalf of Orono, a Minnesota municipal corporation an CAROLE A. HASEMAN mtmr puiub -iimnoota HENNEPIN COUNTY ITT OOMMOSO* EVMa M»< Page 4 of 4 \ ^ To: From: Date: Subject: n. Mayor Callahan and Orono Councilmembers Ron Moorse, City Administrator COUKCiL i » « . AU Michael P. Gaffron. Assistant Planning & Zoning Admini0(JYrQp August 18, 1993 Options for Building Permit Triggered Septic Upgrades The following is an outline of options and additional considerations regarding building permit triggered septic upgrades. Following the outline is staffs recommended program. Your final determination can be left as a policy statement, or can be adopted by ordinance^which staff will draft for your next meeting. A. B Systems found to be non-conforming solely due to lack of 3 ’ separation but not requesting a building permit: Two full construction seasons to upgrade. Options for systems found to be non-conforming solely due to lack of 3 ’ separation and requesting a building permit: 1. Two full construction seasons to complete site evaluation and system upgrade OR No permits until site evaluation and system upgrade are complete OR Something in between 1 and 2: a) Site evaluation prior to building permit; if upgrade is feasible, building permit can issue, two full construction seasons to upgrade system OR b) Site evaluation prior to building permit; if upgrade is feasible, building permit can issue, system upgrade to be completed concurrent with building project completion QR c) Issue permit; site evaluation to be done prior to building completion, two full years for system upgrade OR d) Issue permit; site evaluation and system upgrade to be completed concurrent with building project. C. Possible modifications and concerns regarding above options: I. Distinguish between: a) - Building permits that add bedrooms for which additional septic capacity is needed ... and - Building permits for which no additional septic capacity is needed? m. IV. V. b) - Building permits expanding the footprint ... and Building permits not expanding the footprint? c) - Building permits expanding square footage of living space ... and - Building permits not expanding square footage of living space? d) - Building permits for substantial improvement of property ... and Building permits for normal m.alntenance of property ... and - Building permits for emergency repairs of property? Should there be a variable time frame dependent: a) - On whether a site for system replacement exists? b) - On whether there is a potential to damage identified sites? Should there be consideration for allowing an extended time frame for properties in a p ossible ftiture sewered area? Where are these areas? How long a time frame extension is reasonable? Should there be allowance for a building project to go forward when it is requested too late in the year for site evaluation and/or septic upgrade to occur? What kind of projects could go ahead without site evaluation or witli partial site evaluation? Are there certain types of projects that should be allowed to proceed regardless whether we know if the system can be upgraded to meet code? Staff Recommendation Staff recommends the following "site evaluation/system upgrade" lime frames for the following types of projects: 1 2. 3. 4. 5. 6. Projects that are emergency repairs: 2 years/2 years. Projects that are normal maintenance with no expansion of living space, square footage or footprint (includes interior remodels): prior site evaluation/2 years for upgrade. Projects that expand living space or footprint of building (including those projects that require immediate added capacity to system due to bedroom additions): prior site evaluation/concurrent system upgrade. For properties that already have a failing or illegal system: prior site evaluation/system upgrade prior to any permit other than emergency repairs. For projects in categories 2 and 3 above, when ground conditions do not permit full site evaluation, a partial site evaluation shall be completed by a site evaluator prior to building permit approval, and a permit shall be issued only under the following conditions: a. Site evaluator has identified probable sites for system upgrade that meet setback and slope requirements for a system to fit the anticipated soil conditions based on the Hennepin County Soil Survey and general knowledge of the area. b. Applicant must provide evidence of contract with site evaluator to complete work as soon as ground conditions are suitable for testing. c. Applicant shall agree in writing to complete the septic upgrade within the normal "two year" or "concurrent" time frame for his type of project. d. Applicant agrees in writing that construction project shall come to a halt if site evaluation ultimately yields inability to upgrade the system; i.e., owner acknowledges the risk in going ahead with the project absent confirmation that system can be upgraded (staff to draft standard forms). For all above categories, if site evaluation indicates that system upgrade to a conforming status is impossible, no permit shall be issued until the situation is resolved (City Council will likely be involved in these situations if they occur). 7.Consideration for an extended upgrade time frame should be given the following rural clusters identified in the 1980 Comprehensive Plan atxl which are located in the City’s 2-acre zoning districts: a.Bay Ridge* b.Fox Hill* c.Webber Hills d.Fox Ridge e.Brackett’s Point* f A •Orono Orchard Road* g-East Long Lake Road h.North Long Lake • 1.Long Lake Country Club * These clusters are adjacent to existing City lateral systems or metro trunk lines. In order that residents not upgrade their systems one year and find their To: From: Date: Subject: Mayor Callahan and Orono Councilmcnibers Ron Moorse, City Administrator CCUncIL MEETING Michael P. Gaffron, Assistant Planning & Zoning Administrator«UG 2 3 1993 August 19, 1993 Update on Flag Lot Review CnYOFOBONO List of Exhibit A - Diagram - Front/Back Lot Situations The Plai.ning Commission held a public hearing to consider flag lot issues at 7:00 p.m. on Wednesday, August 18. While no specific recommendation to Council was concluded, the general direction of the discussion was as follows: 1. 2. 3. There was general discussion on the background of the changes to lot width measurement under the new Shoreland Regulations. Chairman Schroeder, who was on the Lake Use Committee that reviewed the Shoreland Regulations, agreed that there was never a specific intent to make flag lots on the lakeshore an allowed use. Much of the discussion centered around the fact that whether the City allows flag lots , front and back lots with an outlot access, or front and back lots with merely an access easement over the front lot , the impact on the neighboring properties is the same. The rationale behind use of an access outlot versus use of a flag lot was discussed, in terms of our past code definitions and requirements. It was noted that under the current code, the "flag pole" portion of a flag lot is creditable lot area, where an outlot or an access easement are not creditable. It was also noted that typical model ordinance definitions of flag lot specifically disallow crediting the flag pole portion towards required lot area. Planning Commission discussed at some length the specific impacts of front/back lot development in general. These include: a. b. Back lot ’s driveway abuts front lot ’s side and back yards. This leads to concerns about noise, headlights, dust, child safety, and other potential negative impacts. Some of these negative impacts might be minimized by requiring greater lot area for the rear lot, requiring greater setbacks for the rear lot, and requiring greater than normal screening and buffering. - Update on Flag Lot Review August 19, 1993 Page 2 c. d. There is also greater potential impact on abutting property owners not involved in the subdivision, specifically those adjacent to the flag pole access portion. Perhaps minimum standards could be set for when a flag lot might or might not be allowed, depending on pre-existing neighboring development. The issue of the number of curb cuts in a given distance on a busy road is a valid health, safety and welfare concern. The Planning Commission members felt generally that control on the use of front/back lots is needed, but had varying opinions on whether the control should be to make all flag lots a variance : or make them a conditional use which requires Council approval but which would normally be approved if strict specific conditions are met; or whether they should be an allpw ^ use under very strict administrative controls, which if not met would still require a variance. Planning Commission indicated they would like to lake a stab at compiling a strict set of standards for use of flag lots or front/back lot situations, and give that further consideration as to whether the variance method is the most appropriate control. Their intent would be to schedule a work session in approximately three weeks, by which lime members would have forwarded their suggested standards to staff for compilation. Planning Commission questioned whether their proposed process and expansion of the issue to consider general front/back lot issues rather than strictly focusing on lakeshore flag lots, was beyond the scope of Council’s intended direction. It may be necessary to address all the issues to reach a suitable conclusion on flag lots. If Council has concerns regarding the scope of Planning Commission’s review, please advise. L Lot S l*^iAAer/c>/vJ S Date: To: From: Subject: August 12, -1993 Ron Moorse, City Administrator COUNCIL . for City Council // ( AUG . 0 Steve Sullivan, Chief of Police ^ CITYOFORO k JSchool Liaison Officer Several months ago, I asked the Council to appoint a representative to a needs assessment committee to see if a school Liaison officer program would be a good idea for Orono. The purpose was to see what job tasks could be done by this officer and how many hours a week would be appropriate for this position. The city council decided to table the discussion without participating in a needs assessment ad hoc committee. I still feel there is a potential need for a school Liaison officer program. Although I have not met with Mr. Mich since the last time our council discussed this matter, I believe that the school district would be willing to fund part of this program. If the prograun is part-time (4 hours per day, for example) the school district might even pay all of the costs. I believe that we could provide a school Liaison officer for approximately four hours per day using the existing 15 officer department staff. We would not have to hire an additional officer or expend additional funds. We could use one of our current officers and the school district would compensate us for all, or at least some, of the hours that he worked as a Liaison officer. The best reason to establish this program is to develop a better relationship with the youth of the community and to serve as a positive role model to prevent some juvenile delinquency problems. A second reason is to enhance the working relationship we have with the school staff so that we can investigate juvenile problems more effectively. But, another benefit would be that the school district may pay part of the salary for one of our current officers if we assign that officer as a part-time school Liaison officer. It is my suggestion that the council and staff discuss the general concepts of a school liaison program and a cooperative financial arrangement with the school district for the program to determine whether the city wamts to initiate a process of reviev/ing the program in more depth. J/1 Bonestroo And6rllk& Associates Englnters & Architects Otto 0 Bof^ew'oo i»l W • ^Oiesr C AnCf'^l Pi I So'vi*^ Pt 9 f Brfl E. T^-.f r. Ct'^r f Coot Pt Tror’ji f Ney«L «cc#i G St»^unen Pi Swun M C PA »Jcr\!or Comu'fe^i A Pf Kr’.r A Co^or. PI «birrT t PY^ ’f Pi f c^j^ W ?3irf». PE CJ v^ O tCi^Y. P| iDCe'T C Ijllfl A I A ;fr-yA Eeu^CCA Pf Mi»t A nrior(. Pi Mx^jf ^ PC Tfj K P'f‘a PE Tro^jl I A/>CfMOr A lA Cfi'^e ‘5 C Buf^a.rt pe i Arg^i PS ii*Mr Mi-wi PE VfVr P pp P^ ip J Pyrt Pi A/J-CI M A »C ^ W Priricn pp C Ly*Kr P| ji^ei n Mii^d Ps ;f'7 O Ppritcr PS Kpr.rpn P Arce»lO#“ PP t ten Pf Va'K A. Jro pp Cj7 W Mcf.fr PE Dare. ; fegener pp Al#a 9<« knncL P£ J Cfi*vr«i Pff VfA C U?t’i PE M ei I jfrien ff t G.'tvf* a pp Pi'p*' L Wtr^ff. Pf G»'v 0 Pf • *?rd Pciir PS r.etr 4 Yl^ft PC OCL^H J *4^31 Pp $rpw'' 0 G^n'ior p( Cc:>^ C%vtf» PP Criftfl A P»«CttCA LfO V P^v^fisw a*' M O J31 ji-rjj f E-ipt.^rt / August 19, 1993 COUNCIL MEEHN6 AUG 2 3 1993 emroFORONo City of Orono P.O. Box 66 Orono, MN 55323 Attention: Mr. John Gerhardsoo Re: 13901 Municipal State Aid Dear John: The annual Status Report submitted on April 20 provides a review of the Municipal State Aid System and current fund balances. The report is intended to provide the City Staff and City Council with an update of the MSA System. Tlie Annual Status Report does not discuss all of the items outlined in your August 12 memo. This letter supplements the Annual Status Report and addresses the additional infonnation requested. The purpose of the MSA System was to develop a quality collector street network for year around use 9 ton design. The local collector road system generally handles 60 percent of all trips. Prior to the esublishment of the MSA ^stem in 1954, there was no funding program for this portion of the roadway network. The State Transportation funds for the roadway network arc generated through the gas tax. The State at one time provided additional funds with the excise tax but that has now been eliminated. The gas tax is distributed to the Trunk Highway System, (62%). The County Highway System (29%) and the Municipal State Aid System (9%). The amount of money allocated to the Municipal State Aid System in 1993 was SK,954,222.00 and the City of Orono’s share was $300,728. The designation of MSA roads is controlled by the City with approval required by the MSA office. Any collector or higher classification road in the City can be designated as an MSA Street provided it connects on each end to another MSA Street, CSAH^County Road, or a Trunk Highway. The Municipal State Aid funds can be expended on any MSA street as long as the work is done in accordance with State Aid Standards. These standards are outlined in the 233S MYst Highway 30 • St. Paul. MN 55113 • 4I2-636-4000 /;,/Mr. John Gerhardson Pags2August 19, 1993 City of OronoMunicipal State Aid Manual. The primary purpose of the program is to keep the roadway network at an acceptable level for the road user. The roadway user includes pedestrianstransit vehicles, automobiles, trucks, or bicycles. 1 Tlie items eligible for Municipal State Aid Funding include almost all construction items: removals, grading, base, surfacing, curb & gutter, storm sewer, sidewalks, bridges, fences, lighting, traffic marking St signing, traffic signab, reUining walls, seeding, sodding, trees, material testing, design, construction inspection & land acquisition. The project administration, legal, bonding and other similar items are not eligible for funding. Tbb is a brief summary of the Municipal State Aid system and we can expand on any specific issue as requested. Please contact this office if you have any questions. Yours very truly, BONESTOOO, ROSENE, ANDERLIK & ASSOCUTES, INC. Glenn R. Cook GRC:lk UZLJ ml Bonestroo Rosene Anderlik & Associates Engineers & Architects April 20, 1993 Oao Cl ikjttcxutjo Kt W Pt • Jusrvfi C AtKMrtkk HI I Pi Pvti-fcJI: Pt tjMIMI k C4A^4 I't IlKKi. iS t Pt O Viu>ikNr<4 PI • M IIm 'Ml C PA *A/ V.t»vl A Pt. >*•411 A CKii^xpi Pi Kc>Oi I P Pfiririv Pt VV An PL I »U.*J O lu.4.1«^ PI k M (. Pu. ,4 k A I A Aii^ A Is. f*i M.Mfc A M.iiiw^i PI li\J ft tn-kl PI frh«itkj\ If A4«|i IV II A I A lAmukl I bci4.^j«.A P£ IlK-I.JS t PI • Wi4M< pi •iHivin P Itjw Pt ; p|iv PC A/ A •. M Pi A I C P VV rA*iriw«i P£ Auii^fC l>rft.ri Pt l.iiiii s It M.UJI..J PL Au> U Pnl.Kfi PI P4nin||,p Amhivm Pfc \l.Mft tf k\^\ PI ^1.11 i A 'x')^ f*L v LV Mm An P| U^iAi i fikyrnoii PL Aii^i ftAi Pt PP-V ; Cj\»\rM Pt M^ft O Pt M^i iJ A-.t.cn Pf ^ P^**A|l 04j.fl i,| p£ toill III vV AifAfl Pt G.Wy l> p^ I Pt •Itt k Pi (Aio./j% J Urti^.4 pf O Ow-Jj/smi P| In 0-<»« I Pt i nj44 V A I ><ftKin I4.M M PjAnsfty M Osmi iMKsI Cily of Orono P.O. Box 66 Ciystal Bay, MN 55323 i Alin: Mr. John Gcriiardson Re: Report of Municipal State Aid Annual Status Report to Council City of Orono - File No. 1390 1 De.Tr John: ?/.!! '' State Aid (MSA) Street System in the City. We have instituted an annual report to the City covering several phases of the system. Such things ;is eligible mileage designalion.s. actual mileage designations, construction and maintenance tund accounts and others are included in the report. •n>is roporl is .ui^uulgrowll, of ll.o a.mu.-.l MSA rcpons that arc- .-e<|uired lo be filed with Ihc Miimesoia Dcpailiueiit ol Iraiisponalion. Hie Reports lo Mii/DOT include the lollowmg and have been forwarded as required: 1- Annual Certification of Mileage Annual Status Report Ma|; MilA : I VI I3. -----------^ m ^ ^ ^9 W •▼•••■# Munici|)al Slate Aid Needs Rept^rt clKsciepaiicies when comparing these amounts to the actual records in your bookkeepini. section due lo minor variations in account balances. The following are various facts of interest in regard to the MSA Street System: liimroved Street Mileaee williiii City I imit< State Trunk Highways 3 22 miles County Slate Aid Highways 26.06 miles Municipal Slate Aid Streets j 1.44 Other Local Roaus and Streets 50.07 miles TOTAL IMPROVED MILEAGE 90.79 miles 2335 West Highway 36 • St. Paul, MINI SSI 13 • 612-636-4600 City of Oiono Mr. John Gei hardson Page 2 April 21. 1993Miiiiicii)al State Aid Stivet Mileaec Existing Designated M.S.A. Streets Non-existent designated M.S.A. Streets TOTAL DESIGNAI'ED M.S.A. STREETS Present Maximum Allowable M.S.A. Mileage Present Desigttated M.S.A. Present Additional Mileage Designation Allowable 11.44 miles - 0 - miles 11.44 miles 12.30 miles 11.44 miles 0.86 miles A summary of the M.S.A. street system mileage details is presented in Appendix B. Since the M.S.A. funds received are based partially on the construction needs for the designated mileage, it is quite important that the City keep the designated mileage ns close as possible to the allowable limit. The MSA Street System should be reviewed annually and the available mileage should be designated on the appropriate streets. The City Council adopted a resolution establishing Ferndale Road, from Trunk Mighway 12 to CSAII No. 6, as a Municipal State Aid Street on April 27, 1992. The total length of this segment of roadway is 1.07 miles which is centered on the east City Limits. The west half of this length is entirely within the City of Orono. The north 0.82 miles of the east half is within the City of Plymouth. I'he south 0.25 miles of the east half is within the City of Wayzata. Plymouth has also adopted a resolution establishing Ferndale Road as a Municipal State Aid Street. However, to complete the designation process, the City of Orono must annex the right-of-way for Ferndale Road that is within Wayzata. C. Annual Apportionment of Fiiiids The Minnesota Department of Trans|)ortation annually apportions the road user tax funds to the eligible municipalities under the State Aid apportionment laws. The funds are allocated on a formula based partly on population and partly on actual needs of the designated roads or streets to bring them up to MSA standards. The allotment will vaiy yearly because of the varying factors in the allocation formula and varying amounts of road user funds collected. Street maintenance funds are presently allocated based on $1,500 per mile of designated existing MSA streets. However, municipalities may request up to 25% of the total allotment for maintenance purposes without submitting a Maintenance Expenditure Report. Requests for amounts greater than 25% and less than or equal to 35% require that a Maintenance Expenditure Report be completed. The City of Orono currently receives 25% of the total allotment for maintenance purposes. The following is a tabulation of the 1993 allotment received and the earlier years allotments for comparison purposes: l.v;oi\rpi L Cily of Oiono Mr. John Gei liardson Page 3 April 21, 1993 Year Tofal Allotment Maintenance Construction 1993 1992 1991 1990 1989 1988 1987 1986 1985 1985 196M983 Total Received to Date $ 300,728 $ 75,182 $ 225„546 271,589 67,897 203,692 266,648 66,662 199,986 246,647 16,260 230,387 2.53,182 63,296 189,886 191,.527 47,882 143,645 177,831 44,458 133,373 186,811 14,040 172,771 184,425 46,106 138,319 149,289 37,322 111,967 669.336 143.784 52.5..552 $4,0U4,149 $806,489 $3,197,660 Tlie preceding tabulation indicates that the City of Orono has received a total allotment of $4,004,149 since 1961. The amount of $806,489 has been paid out to the City for maintenance purposes with the remaining balance of $3,197,660 being made available for coitstruction of roadways. D. Con.stniction Fund Account The City of Orono has expended Municipal State Aid Funds on 22 projects to date totaling $1,743,661.72. The City has had one State Aid bond issue for $270,000 which was paid back on an annual basis from the construction account. The last payment on the bond was made in 1988. As ol this date, the Municipal State Aid construction fund account biilance is as follows; Construction Account Balance December 31, 1992 1993 Construction Allotment Total Construction Account Less Encumbrance for McCulley Road Project Funds Available fur Cuiistructioii $ 928,741.28 225..546.00 $1,154,287.28 1.528.49 $1,152,758.79 The State Aid Office has adopted a policy of encouraging the Municipalities to use their State Aid funds to construct projects. The procedure used is to deduct the construction fund balance as of September I of the preceding year from the projected 25 year construction needs. This results in a reduction in the annual allotment of about ten (10) percent, amounting to $29,665 for the 1993 allotment. i.v)0i\n>! City of Orono Mr. John Gcrhardson Page 4 April 21, 1993 A sumniary of all MSA sireel expciidilures for the City of Orono is presented in Appendix D. ' E. MSA Projects AP?'l o*'ofpreparation of plans and specifications for State Aid Project (bAr) 15^-10^-11, Old Crystal Bay Road Bridge Approaches, and SAI* 152-102-12, Old Ciystal Bay Road Trail. Iliese projects are scheduled to begin construction in 1993 The feasibility report has been completed for SAP 152-101-08 Willow Drive. A sumniarv of these projects and estimated MSA Construction Fund expenditures is presented below: Proposed Projects: Old Crystal Bay Bridges ($800,000) Old Ciystal Bay Road Trail Willow Drive Total Pro|}oscd Constnictioii $ 360,000 268,050 652.780 $ 1,280,8JU The City has also discussed constructing Ferndale Road in 1994. The estimated cost would be $850,000 with the City of Orono’s share being approximately $450,000. If all projects proceed on schedule, the total costs will exceed the funds available for 1993 by approximately $130,000. The City would need to wait until the 1994 allotment is available to final out one of the projects. If Ferndale Road is to be constructed in 1994, the City would need to sell Municipal State Aid bonds for the construction We woul he pleased to discuss the contents of this report with the City Council and Staff at any iii'- UMl'y convenient time. Respectfully submitted, BONCSIKOO, KOSiiNF, ANDFRLIK & ASSOCIATES. INC. Shawn D. Gustafson, P.E. SDG;lk cc: Mr. Ronald Moorse, Administrator Mr. 'l oin Kuehn,Finance Dir. Mr. Glen C'ook. BRA %APPEiVDIX B i 4 ControlSection SUeel 101 031 Willow Dn\e 040 Willow- Dn\e 050 W illow- Dme IWO W'lllow Drive 102 010 Old Cry sul Bay Rd 020 Old Crysul Bay Rd 030 OU Cnrsul Bay Rd 040 Old Crysul Bay Rd 103 010 Watertown Road 104 010 .McCulley Road 020 McCulley Road 030 .McCulley Road 105 010 Fox Sueet 020 Fox Street 106 010 Orooo Orchard Uoe 107 010 Brown Road o:o Brown Road 103 010 Stubbs Pay Road 109 010 l.eaf Street ORONO, MN FILE 13901 From Fot Sued *V*j ter town RoiJ 0.30 Miles N of Wjterioxvfi Rj TH 12 CS.XHS4 \V4terto^%Q Ro.id TH 12 0.43 Miles N oi TH 12 McCulley Road Co Rd 19 34 0.21 .Miles N of Co Rd 19 OJO .Miles .V of Co Rd 19 Willow Drive Brown Road Fox Street TH 12 0.10 .Miles NofTH 12 Bay side Road Bay^idc Road {Co Rd 54) tot.\l .mileage To Watertown Road 0 30 Miles N of Watertown Rd B..V RR Tracks CS,\H 6 Watertown Road TH 12 0.43 .Mdes .N of TH 12 CSAH6 W illow Dmc 0.21 .Miles .\ of Co Rd 19 OJO .Miles .\* of Co Rd 19 eSAH 6 (Watertown Rd) Brown Road Crono Orchard Lane Shoreline Drive (Co Rd 15) 0.10 .MUes .N of TH 12 CSAH6 TH 12 Watertown Road Milejee 0.79 0.30 0.19 0.M 0.-6 0.76 0.45 0,15 175 o.:t 0.09 0.63 0.50 0.76 0.11 0.10 065 I.IO 0.50 tl.<4 APPE>nDIX DMUNICIPAL STATE AID STREET EXPENDITL^RES ORONO, MN FILE 13901 MSAP No.Ye^ Stfe^l From To Rccular Account 102-01 1962 Old Cfvsul Bay Rd TH 12 CSAH6 SJ7.50727 102-02 I9M OMCntut B«y RJ eSAH 54 TH 12 136.94IJ7 102-0}1966 Old Cn sul Bay Rd TH i:CSAH6 2.m:5 101-02 19T0 Willow Dr Waterto^\Q Rd N City Lbiiis 88.087.82 101-03 197) W illow Dr Saal Coal W'aiertovvn RJ B.N. RR TraclLS 1.435 63 10204 1971 Old Cf>$Ul Bay Rd Fox St eSAH 6 31.39474 102-05 1971 Old Cr>sul Bay Rd Fox St CSAH6 4329.93 101-04 1972 W illow Df Fox Si W alerlONVQ Rd 12427477 101-05 1973 Willow Dr Seal Coat Fox St W'afcrtowo Rd 2.082J0 102-06 197} Old Cr>}til Bay Rd lotersectioQ Signal @ TH 12 556J3 101-06 1975 Willow Dr Fox St B.N. RR TficLs 59.25U2 0204)1 CSAH51 Righi-of-W*ay 7.555.00 020-02 0204)3 eSAH 51 1978 eSAH 15 Righl-ofW’ay 1U34J7 28J16l74 1044)1 1979 Ring Route CSuAH84 W'aiertovvQ Rd 516.64128 102-07 1981 Old Crysul Bay Rd CSAH6 Fox St 77J6219 1044)2 1984 Ring Route Sea) Coal CSAH8I WatertovvQ Rd 11947.15 1014)7 1965 Willow Dr Fox Si B.N. RR Tracks 101.870.76 102-06 1985 Old Cnsul Bay Rd eSAH 5 Fox St 141621.15 102-09 Old Civstal Bay Rd eSAH 6 Fox St 23.926.70 0204)6 1988 eSMi 15 eSAH 19 E City Limits 300,020.31 104-03 1991 McCulley Road 0.25 Miles N of eSAH 19 54 3109814 Rood AdODoat Eftcninhefr^ 20A747JI 65.23269 L52S.49 TOTAL CONSlUt'CnON ACCOUNT EXPENSE- (Ai o( Mircb )l. 19V3) SI.741.MI.72 C'Taooo.oo SU28.49 TO; FROM; DATE: I Mayor and City Council Ron Moorse, City Administrator August 16, 1993 SUBJECT: Old Crystal Bay Road Bike Trail COUNCIL MEETING AUG 2 3 199,1 CITYOFORONO In recent discussions with Doug Bryant, Hennepin Parks Superintendent, he indicated that although he was still supportive of the bike trail project and of a cooperative arrangement between the City and Hennepin Parks for the trail, he had decided to recommend to the Park Board that they exercise the option in the agreement to not go forward with the agreement due to the bids coming in beyond the engineer's estimate. Mr Bryant emphasized that he wants to continue to work with the City to review the current plans to find opportunities for savings and to review alternative methods of providing a pathway at a lower cost. He will recommend to the Park Board that the funding that has been set aside for the bike trail be reserved for this project. This action by Hennepin Parks means that the pathway bids need to be rejected. It is recommended that staff continue to work with Hennepin Parks to review alternatives within a time frame that enables new bids to be let in mid-winter of 1994. To: From: Mayor and City Council Tom Kuehn, Finance Director COUNCIlMEEnA? AUG 2 3 Date:August 20, 1993 ^OFOHOSiij Subject:Six Month Financial Report Wc were not sble to include the Six Month Expenditure Report for 1993 with this Agenda p<:cket due to a production problem at the computer center. If the report is available Monday, it will be distributed at the Council meeting. TO: FROM: DATE: Ron Moorse, Cit>^ Administrator Dorothy Hallin, City Clerk August 18, 1993 COUNCIlMEETWe ' 2 3 jt)9j ^OFORomo SUBJECT: Performance Evaluation/Compensation Adjustment - Carole Haseman clerical staff. She continues to grow in knowledge of the city an in the performance of her tasks. Under the City Compensation Plan steo^2 ^at”$ll^1*3 eliaible for a wage adjustment from Level 4, Step 2 at 511.4X5 pL hour to Level 4, Step 3 at $12,049 per hour effective September 9, 1993. RProMMENDATION - It is recommended that Carole Haseman's RECOMM ner the City's Compensation Plan fromcompensation be adjusted per cne oicy » ^ f 04 9 Level 4, Step 2 at $11,415 per hour to Level 4, Step 3 at 51^. per hour effective September 9, 1993. • • vr*\ CITY OF ORONO COMPENSATION PLAN EXPECTED PERFORMANCE LEVELS 12992.4(99) 1993 COMPENSATION PLAN STEP ELIGIBILITY Position Compensation Current Level Step Parsons Emploved/Promoted Since Plan in Effect City Administrator On-Site Septic Manager Deputy City Clerk/ Admin. Sec. Secretary/Recorder Public Works Maint. Public Works Maint. ?Jolice Chief 6 4 4 5 5 12 3 3 Eligible Step Review Date 3 4 4 3 4 4 4 9/01/93 7/13/93 4/23/93 9/09/93 5/21/93 10/22/93 8/19/93 * .9* TO:PROM:DATE:Mayor and City CouncilRon Moorse, City AdministratorAugust 12, 1993 COUNCIL MEETWo2 5 iggjC*TV0f0H0N0SXJBJECT: Assessor's ContractAt its August 9 meeting the City Council requested staff to obtain additional information regarding the costs related to t e Assessor's contract. The information to be obtained included the following: 1. The fees charged to other cities by the Assessor. 2. Other expenses beyond the base fee the City pays to the Assessor. 3. Factors the Assessor uses in determining the level of his base fee for the various cities. A memo from the Assessor addressing the three items listed above is attached. The Assessor will also attend the Council meeting to answer any questions. In staff's discussion with the Assessor he has indicated his fee is based both on the number of parcels in the City and on the complexity of determining the value of those parcels. He indicated that due to the wide diversity of housing types and the complexity of lakeshore valuation issues his fee per parcel is higher in Orono than for other cities. In addition to the base fee the City does reimburse the Assessor for expen^°es directly related .o the work he does for These expenses are for such things as postage and printing. The total of these expenses for 1992 was $535. 1! TO: Orono Mayor and City CounciImembers Ron Moorse# Orono City Administrator FROM: Rolf Erickson, Orono City Assessor 473-1844 DATE: August 12, 1993 RE: Factors considered to arrive at 1994 Assessment Proposal When calculating the amount to charge a city for an assessment contract I multiply the gross number of parcels in the city times a parcel rate based on the following factors. 1. The total number of parcels in the city. 2. The number and value of each property type. 3. The number of building permits and partially completed structures from the previous assessment. 4. The expected number of property reviews needed. 5. The expected number of phone inquiries. 6. The number of sales in the city. 7. Number of court cases, divisions and abatements expected. 8. Changes in state law. On a gross basis, assessment rates per parcel vary $10.00 per parcel to over $25.00 per parcel in Hennepin County. Rate comparison is difficult because some cities and the Hennepin Conty Assessor s Office include clerical workers or other factors in parts of their budgets other than assessing. Independent contractors also have different agreements with cities. Of the cities that I assess, Orono is the most complex and Maple Plain is the least complex. The following comparison illustrates the differences to consider when comparing rates. Other factors that come into play are the physical size of the city, distance between houses and ease of travel from one point to another. S% Orono 24.1% 33.6% 34.2% 33.2% to 10% Maple Plain 0 86.6% 14.4% 1% to 3% Lakeshore parcels Residential parcls Under $100,000 Residential parcels beteen $100,000 and $200,000 Residential parcels over $200,000 Requests for information and/or reviews on a per parcel basis Attached are several charts detailing the sice and parcel breakdown of the cities that I assess in the Lake Minnetonka «rea. In my opinion J^e“lty of Orono is the most difficult city of its size and popuU?on, in Minnesota, to assess. This is why the rate is the highest of the cities that I contract with. I will attend the council meeting on August 23rd to answer any further questions that you may have. Pile: OlOlO COMP Pa9t 1 AUGUST 12, 19T2 iSSESSHEI? PBICI PBB PABCEl 1994 TOTAL $/PABCEL ASSESSOR ASSMT PARCLES EICELSIOB $11,OK 910 $12.11 note A ERICESOH MAPLE PLAIR $6,800 (82 $13.02 ERICISOR MTIA BIACB $5,040 343 $14.(9 EBICESOH OBOHO $22,1(6 3971 $18.17 EBICESOR SIOIIROOD $31,7(0 2739 $14.15 EBICESOR NEDIHA $2(,472 17K $14.02 SISCB/BBICISOB I. Cosst cootiiot 104 coodoiinoi 9aia9es PABCEL BBEUtDOBV BASED OR JARUABT 2, 10)3 ASSESSNBHT BtSIDMTUL PiBCEL TOTAL OPF LABE LUE COMM APT PARK LARD PARCELS PARCELS PARCELS PARCELS BTC EICELSIOB 910 529 53 IK 29 0 183 MAPLE PLA (82 525 0 48 14 1 94 MTIA BEAC 343 1)(117 3 27 OBORO 3971 19(5 9(0 82 2 35 927 SBOBEROOD 2739 1910 29( 48 4 481 HEDIRA 1788 1127 38 89 12 227 293 BESIOEBTIAL PARCEL BBBAADORI BT SIOOO VALUE BASED OR TBB JARUABI 2, 1))2 ASSESSHBRT FOB PUBPOSES or COHPABISOH ORLI* THIS IS ROT A CUBBERT PABCEL COURT (PBOPEBTI TYPES B,BJ,D,D.i,?,PJ,B,BL,R2,I,I,2) W:t BARGE 10 50 100 200 300 400 500 (00 700 800 900 OVER TO TO TO TO TO TO TO TO TO TO TO ORE TOTAL 50 100 200 300 400 500 (00 700 800 900 MILLIOI MILLIOB EICELSIOB 5(7 25 359 157 18 7 1 MAPLE PLA 48(23 398 (5 MTIA BEAC 246 28 22 ((53 35 8 13 9 (3 1 2 OBORO 2753 133 739 944 43(207 104 71 45 K 12 14 32 SBOREBOOD 2137 59 487 1086 212 155 81 39 7 3 4 2 2 MEDIRA 1017 55 319 40(88 50 4(29 9 6 (2 3 TO: FROM: DATE: Ron Moorse, City Administrator John R. Gerhardson, Public Works Director July 26, 1993 SUBJECT: Temporary Employment Orono Golf Course ■^‘VC.’lMEEnWG ^ lt)93' o CfTYOFOAONO Due to the resignation of Jane Delaney at the Orono Golf Course, it is necessary to hire a replacement for the position. After review of applications, it is recommended to employ the following persons for temporary groundskeeper helpers at the Orono Golf Course: Nick Bashore @ $5.25 per hour effective August 1, 1993 Lar Brown @ $5.75 per hour effective August 30, 1993. Nick Bashore will work until September 1, 1993 and Lar Brown will begin work on August 30, 1993 through the end of the season. /7 -‘-x-MtETifiQ " - ^ I9WCITYfOBOlHO LIST OF LICENSES FOR COUNCIL APPROVAL FOR MEETING OF AUGUST 23, 1993 No licenses. Ik 08/15/93 PR CB PRREGOR 182 EMP i NAME 471688060 471925074 474563339 476921819 4718;0871 475443862 4725C3991 469526026 475989721 4R8821018 468622840 472529007 468701868 507585424 469686562 468420832 469087884 474667812 475380151 477500666 475444249 477463877 475069821 388625358 471569863 473141624 477647279 475604753 504260307 472500574 469820293 121262417 469723373 475344512 480843542 476018974 477700023 334506281 477028779 473108428 468909535 476783251 470700901 469848107 475382983 473746173 473609629 P R ANDERSON. BRUCE L BASHOPL. NICHOLAS BOBZIEN, SUE A BORIS. SCOTT W BOSMA. JAMIE L BRINKHAUS. JOHN F CHESWICK. GARY B CORNICK. JAMES L DEMBOUSKI, JAY C ENGLISH III. IRVING ERICKSON. DOUGLAS J ERICKSON. KURT R FISCHENICH. DAN T FRITZLER. JOHN M OAFFRON. MICHAEL GERHARDSON. JOHN GOMAN. DAVID J GREGORY. JAMES D HALLIN. DOROTHY M HANSEN. STEVEN C HANSING. CAROL J HASEMAN. CAROLE HULTMANN. TIMOTHY J JENSEN. RODNEY W JOHNSON. BRADLEY P JOSTROM. FOREST J KARNITZ. RICKY D KENNEN. JANICE M KNUTSON. CHARLOTTE i KUEHN. THOMAS H KVAM. DANA J MABUSTH. JEANNE A MAY, DAVID E MCINTYRE, WILLIAM E MCNICHOLS. DAVID L MILLS JR. WALTER H MOORSE. RONALD J MOROWCZYNSKI. JAMES NELSON. DAVID D OAS. DANIEL O OBERAIGNER. SCOTT G OBRIEN. RANDY L OMAN. LYLE E PALMER. GREGORY A OUAST, WAYNE A RATHBUN. BARRY J ROSS. JOHN A 470566529 469629194 475569177 267460042 472563051 474663296 470704904 475505292 468629488 500403192 477881539 SCHOENHOFF. JOHN B SKREEN. DALE S SULLIVAN. STEPHEN X THOMTON. MARK R TOMCHLCK. LAWRENCE I TOMCZYK. MARK W VANG. BRUCE I VEE. LINDA S WALTERS. LINDA G WECKMAN. STEPHEN J DPT YTD GROSS CURRENT GROSS 31 28959.12 1833.07 93 49.88 49.88 31 17405 19 1014 64 31 3656.09 563.23 12 10545.29 667.00 42 27359.73 1611.68 31 29547.48 1953.90 31 29448.12 2061.77 31 25276.79 1484.08 31 28884.93 1562.13 93 406 .10 108.50 31 26809.16 1568.40 31 28618.48 2118.39 31 28731.87 1692.24 33 25012.91 1473.43 4?34769.66 1937.43 35 3700.52 264.53 42 22956.94 1402.93 12 21547.17 1269.28 42 20053.21 1093.44 31 10109.17 555.22 12 15608.13 977.41 61 2376.00 324.00 93 1096 97 164.80 31 28543.5?1568.40 93 1793.00 203.50 31 1803.95 85.02 31 4186.32 297.48 . 15 17243.43 1014.63 15 36797.03 2167.60 93 561.OC 74.25 33 31324.17 1845.22 61 2410.50 457.50 93 893 75 239.25 31 23670.09 1925.21 93 1788.14 224.25 12 40845.54 2311.84 31 28099.95 1686.03 35 2333.89 102.50 93 1289.15 271.40 42 19892.51 1279.96 92 21097.75 1083.28 33 25012.87 1473.43 42 13741.98 1093.43 92 24603.58 1366.32 92 20521.30 1083.27 Q3 1765 50 118.25 31 8314.88 784.27 42 20254.98 1083.23 ) 93 21547.18 1269.28 J1 34956.75 2059 20 31 25920.07 1509 76 ■ 31 26299.21 1509 76 31 26941.31 1568 40 33 21547.17 1269.28 12 16978.73 1014 64 15 15757.67 1165.77 33 18977.71 1117 92 64,074 96 483SSS8SSSSS n r » u f'- oCOUNCIL CHECK REGISTER Thu Aug 19 CHECK NO CHECK DATE CHECK AMOUNT 1993 06:38:27VENDORA-1 MINNETONKA RENT Pagt 1DESCRIPTION RENT AIR COMPRESSOR ACCOUNT 8 INVOICE PO NUM.MANUAL0249-4331 000906 PH 0249-4233 1693 OH 0907-4620 000872 OH 0039-4379 000873 OH0069-4379 000873 OH0129-4379 000873 OH0174-4379 000873 OH0249-4349 000873 OH0290-4379 000873 OH0549-4379 000873 OH0590-4379 000873 OH0569-4379 000873 OH 0591-4802 000871 OH 0590-4331 000874 OH0290-4331 000874 OH 0295-4348 112728 OH 0590-4343 000875 OH0. -4343 000875 OHO.vU-4343 000875 OH 0249-4233 63448001 OH 0249-4233 000876 OH 0127-4243 35648 OH 0290->*231 000878 OH 0591-4815 1002456414 OH 0480-4306 1362 OH 028776 028777 028778 028779 028780 028781 028782 028783 028784 02878S 028786 028787 028788 028789 1993/08/23 1993/08/13 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/231993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 879.20$79.20* $867.98 $867.98* $4,387.50 84,387.50* $208 $118 $1,385 $195 $260 $3789S 883 8231 $2,612 .00 .00 .00 .00 .00 .00.00 .09 .00 .09* 846.48 846.48* $55.26 $681.56 $736.82* 8610.00 $610.00* 859.36 $179.63 $151.65 $390.64* $278.55$278.55* 8747.09 $747.09* $98.40 $98.40* 876.68 $76.68* $357.50 $357.50* 8142.00 $142.00* ALL STEEL PRODUCTS AMERICAN NATL BANK APPLE APPLE APPLE APPLE APPLE APPLEAPPLE APPLE APPLE VALLEY VALLEY VALLEY VALLEY VALLEY VALLEY VALLEY VALLEY VALLEY AGENCY AGENCY AGENCY AGENCY AGENCY AGENCY AGENCY AGENCY AGENCv AUGIES MOBILE CHLf BIFFS INC BIFFS INC BLACKOWIAK & SON BLACKOWIAK 8. SONS BLACKOWIAK & SONS BLACKOWIAK & SONS BROCK WHITE BRYAN ROCK PRODUCTS BUDGET PRINTING CHIPPEWA TOP SOIL COCA COLA VENDING COFFIN GRONBERG PARTS :NT due 9-1-93 AGENT FEE AGENT FEE AGENT FEE AGENT FEE AGENT FEE AGENT FEE AGENT FEE AGENT FEE AGENT FEE SANDWICHES BIFFS BIFFS BRUSH HAUL TRASH HAUL TRASH HAUL TRASH HAUL PAVING FABRIC ROCK DARE PROGRAMS DIRT POP ORONO ADDITION 0 o oCOUNCILCHECK REGISTER Thu Aug 19 1993 06:38:27 Pag* 2 CHECK NC> CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT i INVOICE PO NUH.MANUAL 028790 1993/:8/23 $405.79 $405.79* COLONIAL LIFE INS CO INS 0129-4152 000879 OH 028791 1993/08/23 1993/08/23 $102.15 $153.23 $255.38* CONNELLY INDUSTRIAL CONNELLY INDUSTRIAL REPAIR AT WTR PLANT REPAIR LS817 0549-4345 0569-4344 2846 2846 OH OH 028792 1993/08/23 $189.87 $189.87* COPY OUP PR INC RENT 0129-4210 1767459 OH 028793 1993/08/23 $4.17 $4.17* CULLIGAN 81-9/30 SERV 0590-4343 000877 OH 028794 1993/08/23 1993/08/23 $153.34 $10.00 $163.34* DIXIE PETRO-CHEM DIXIE PETRO-CHEM FLOURIDE DEMURRAGE 0549-4234 0549-4234 00988702 990439 OH OH 028795 1993/08/23 $787.53 $787.53* EARL F ANDERSON ASSC SIGNS 0249-4233 00126177 OH 028796 1993/08/23 $132.00 $132.00* EAST SIDE BEVERAGE BEER 0591-4815 245671 OH 028797 1993/08/23 $260.00 $260.00* ELMfR J PETERSON CO REPAIR LS82.3.4 0569-4344 000898 OH 028798 1993/08/23 1993/08/23 $369.56 $140.58 $510.14* ESS BROTHERS & SONS ESS BROTHERS & SONS PARTS PARTS 0569-4234 0249-4233 007521 007535 OH OH 028799 1993/08/23 $18.45 $18.45*EXPRESS MESSENGER POSTAGE 0174-4321 08102978 OH 028800 1993/08/23 $30.00 $30.00* FAEGRE AND BENSON MTG 0039-4356 000907 OH 028801 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 $137.45 $15.17 $206.02 $138.01 $11.03 $45.51 $553.19* G & K SERVICES Q & K SERVICES G & K SERVICES G & K SERVICES G & K SERVICES G 4 K SERVICES MATS UNIFORMS UNIFORMS MATS UNIFORMS UNIFORMS 0129-4343 0569-4221 0249-4221 0099-4343 0590-4221 0549-4221 000881 000881 000881 000881 000881 000881 OH OH OH OH OH OH 028802 1993/08/21 $177.99 $1/7.99«GALL’S INC.BOOTS (CORNICK)0129-4221 000882 OH 028803 1993/08/23 1993/08/23 1993/08/23 $117.96 $15.68 $18.98 $152.62* GENUINE PARTS CO GENUINE PARTS CO GENUINE PARTS CC PARTS PARTS PARTS 0249-4232 0290-4232 0290-4232 000908 000908 000908 OH OH OH 1993/08/23 $132.30 GOPHER STATE ONECALL JULY FEE 0569-4306 3070517 OH a t. j ©oCOUNCIL CHECK REGISTER Thu Aug 19 1993 06:38:27 P*9« 3CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT i INVOICE PO NUM.MANUAL 028804 1993/08/23 $88.20 $220.50* GOPHER STATE ONECALL JULY FEE 0549-4306 3070517 OH 028805 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 $145.68 $1,375.36 $271.00 $542.00 $271.00 $2,605.04* GROUP HEALTH INC GROUP HEALTH INC GROUP HEALTH INC GROUP HEALTH INC GROUP HEALTH INC SEPT INS SEPT INS SEPT INS SEPT INS SEPT INS 0174-4151 0129-4151 0115-4151 0249-4151 0590-4151 1316219 1316219 1316219 1316219 1316219 OH OH OH OH OH 028806 1993/08/23 $11.71 $11.71* HAPPYS POTATO CHIP CHIPS 0591-4802 246884 OH 028807 1993/08/23 $45.02 $45.02* HENN CTY SHERIFF DPT REPAIR 0129-4342 000883 OH 028808 1993/08/23 $1,615.00 $1,615.00* JR OPTIC INSPECTIONS REPAIR 0569-4344 1229 OH 028809 1993/08/23 $14.95 $14.95* KOEHNENS STANDARD REPAIR 0129-4341 000884 OH 028810 1993/08/23 1993/08/23 $37.64 $12.54 $50.18* KUEHN. THOMAS KUEHN. THOMAS MILEAGE MILEAGE 0069-4381 0569-4381 000909 000909 OH OH 028111 1993/08/23 $147.55$147.55*LAMBERT SOD SOD 0590-4343 000904 OH 028812 1993/08/23 $388.80 $388.80* LANO EQUIP CO REPAIR BOBCAT 0249-4341 R38109 OH 028813 1993/08/23 $96.00 $96.00* LONG LAKE FAMILY PRACT HEPATITIS SHOTS 0129-4306 000885 OH 028814 1993/08/23 $4.69 $4.69* LONG LK FORD TRACTOR PARTS 0249-4232 172493 OH 02881S 1993/08/23 1993/08/23 $33.60 $11.02 $44.62* MABUSTH-JEANNE MABUSTH-JEANNE MILEAGE MTQ 0174-4381 0174-4356 000911 000911 OH OH 028816 1993/08/23 $728.40 $728.40*MARTINS NAVARRE 66 REPAIR 0129-4341 000891 OH 028817 1993/08/23 1993/08/23 1993/08/23 1993/08/23 $146.90 $542.02 $417.91 $146.90 $1,253.73* MED CTR HEALTH CARE MED CTR HEALTH CARE MED CTR HEALTH CARE MED CTR HEALTH CARE SEPT INS SEPT INS SEPT INS SEPT INS 0069-4151 0174-4151 0249-4151 0129-4151 000910 000910 000910 000910 OH OH OH OH 028818 1993/08/23 $5,940.00 $5,940.00* METRO WASTE CONTROL CO JULY SAC FEES 9001-2226 000886 OH ♦ • •i. ,f u O o oCOUNCIL CHECK REGISTER Thu Aug 19 1993 06:38:27CHECK NO CHECK DATE CHECK AMOUNT VENDOR P«g« 4DESCRIPTIONACCOUNT •INVOICE PO NUH.MANUAL 9673-1282 51480993 OH 0249-4233 000888 OH0249-4233 000912 OH 0059-4210 495319 OH0069-4210 495319 OH0039-4210 495319 OH0129-4210 495319 OH0569-4210 495319 OH0549-4210 495319 OK0249-4210 495319 OH0174-4210 495319 OH0549-4210 582734 OH0129-4210 578738 OH0249-4210 578738 OH0059-4210 578738 OH0039-4210 578738 OH0039-4210 000889 OH0069-4210 000889 OH0129-4210 000889 OH0059-4210 000889 OH0174-4210 000889 OH0249-4210 000889 OHC3S9-4210 582734 OH0069-4210 578738 OH0174-4210 578738 OH 0129-4240 000887 OH 0249-4232 379323 OH 0290-4231 000893 OH0549-4234 000893 OH0590-4232 000893 OH0249-4232 000893 OH0129-4232 000893 OH0569- :232 000S93 OH0099-4231 000893 OH0569-4234 000893 OH0549-4231 000893 OH 0906-463C 102378 OH0906-4320 102324 OH 028819 028820 028821 028822 028823 028824 028825 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/0b/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 821.629.00 821,629.00*METRO WASTE S439.ll MIDWEST ASPHALT 1,640.48 MIDWEST ASPHALT 1.079.59* $11.24 MIDWEST BSNS PROD $11.24 MIDWEST BSNS PROD$11.24 MII'IEST BSNS PROD $75.86 KlD'.icST BSNS PROD$98.52 MIDWEST BSNS PROD $65.68 MIDWEST BSNS PROD $11.23 MIDWEST BSNS PROD $11.24 MIDWEST BSNS PROD $9.13 MIDWEST BSNS PROD $4.74 MIDWEST BSNS PROD $4.74 MIDWEST BSNS PROD $4.74 MIDWEST BSNS PROD$132.15 MIDWEST BSNS PROD $13.75 MIDWEST BSNS PROD $13.74 MIDWEST BSNS PROD $13.75 MIDWEST BSNS PROD $13.74 MIDWEST BSNS PROD $13.75 MIDWEST BSNS PROD$13.75 MIDWEST BSNS PROD $13.71 MIDWEST BSNS PROD $4.75 MIDWEST BSNS PROD$4 74 $557.43* MIDWEST BSNS PROD $67.40 MN COUNTY ATTORNEYS $67.40* $31.50 MPLS OXYGEN C:o $31.50* $75.46 NAVARRE HARDWARE$6.69 NAVARRE HARDWARE$91.98 NAVARRE HARDWARE$116.09 NAVARRE HARDWARE$85.58 NAVARRE HARDWARE$101.47 NAVARRE HARDWARE$50.38 NAVARRE HARDWARE$14.73 NAVARRE HARDWARE$2.12 NAVARRE HARDWARE$544.50* $200.00 NORWEST BANK MINN.NA.656.25 NORVEST BANK MINN.NA.856.25* SEPT FEE ASPHALT ASPHALT OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIESSUPPLIES SUPPLIESSUPPLirs SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES DEMURRAGE SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIESSUPPLIES SUPPLIES AGENT FEE DUE 9/1/93 INT DUE 9-1-93 oCOUNCIL CHECK REGISTER Thu Aug 19 1993 06:38:27CHECK NG1 CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION Pag* S PO NUM MANIIAt 028926 1993/08/231993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 $1,479.19 $8.69 $253.51 $116.77 $48.01 $45.32$15.92 $244.52 $2,301.91* NSP NSP NSP NSP NSP NSP NSP NSP UTILITIESUTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES 0590-4324 0569-4324 0290-4324 0569-4324 0249-4324 0290-4324 0099-4324 0569-4324 0569-4324 000892 000892 000892 000894 000894 000894 000892 000914 000913 OH OH OH OH OH OH OH OH OH 028827 1993/08/23 $372.20 $372.20*O'SULLIVANS NAVARRE AU REPAIR 0174-4341 000895 OH 028828 1993/08/23 $59.64 $59.64*OMAN/LYLE MILEAGE 0174-4381 000915 OH 028829 1993/08/23 $10,000.00 $10,000.00*ORONO PTO PLAYGROUND EQUIPMNT 0385-4399 000916 OH 028830 1993/08/23 1993/08/23 1993/08/23 1993/08/23 $204.69 $16.68 $38.17 $166.78 $426.32* ORONO SELF SERVICE ORONO SELF SERVICE ORONO SELF SERVICE ORONO SELF SERVICE GASOLINE GASOLINE DIESEL GASOLINE 0129-4220 0290-4220 0590-4220 0249-4220 000896 000896 000896 000896 OH OH OH OH 028831 1993/08/23 $12.00 $12.00*PERA INS SEPT INS 0129-4152 000897 OH 028832 1993/08/23 1993/08/23 1993/08/23 1993/08/23 $17.69 $46.63 $42.99 $60.71 $168.02* PERRYS TRUCK REPAIR PERRYS TRUCK REPAIR PERRYS TRUCK REPAIR PERRYS TRUCK REPAIR repair mower REPAIR MOWER REPAIR REPAIR 0590-4342 0590-4342 0129-4341 0129-4341 11793 11632M 11688 000917 OH OH OHOH 028833 028834 028835 028836 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 $204.61 S204.61* S4.82.V03 $4,829.03* $273.54 $273.54* $100.20 $100.20* $1.59 $1.59 SI .59 SI .59 $103.85 $1.59 PRECISION TURF BAYLETON PUBLIC EMPL RET ASSN PERA 8/2-8/15 PUBLIC EMPLOYEE RETIRE S CHRISTIANSON REED VENDING CANDY A ROLLS 0590- 4343 9999-2031 0129-4141 0591- 4802 RETAIL RETAIL RETAIL RETAIL RETAIL RETAIL DATA DATA DATA DATA DATA DATA SYSTEMS SYSTEMS SYSTEMS SYSTEMS SYSTEMS SYSTEMS CASH CASH CASH CASH CASH CASH REGISTER REGISTER REGISTER REGISTER REGISTER REGISTER RIBBON RIBBON RIBBON RIBBONMAINT RIBBON 0249 0174 0129 0069 0039 0059 4210 4210 4210 4210 4340 4210 003466 000918 000919 10205 17138 17138 17138 17138M976 17138 OH OH OH OH OH OH OH OH O COUNCIL CHECK REGISTER Thu Aug 19 CHECK NO CHECK DATE CHECK AMOUNT 1993 06:38:27 Pag* S 028837 028838 028839 028840 028844 028845 028846 1993/08/231993/08/231993/08/231993/08/23 1993/08/23 $135.00 $1.59 $72 .70 $103.85 $103.85 $528.79* 1993/08/23 $8.25 $8.25* 1993/08/23 1993/08/23 1993/08/23 $23.52 $6.28 $9.73 $39.53* 1993/08/23 1993/08/23 $$.840.00 $5.89 $5,845.89* 1993/08/23 1993/08/23 1993/08/23 $144.19 $1,652.83 $1,141.83 $2,938.85* 1993/08/23 $228.00 $228.00* 1993/08/23 $350.00 $350.00* 1993/08/23 1993/08/23 $127.50 $178.67 $306.17* 1993/08/23 1993/08/23 $63.51 $73.22 $136.73* 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 1993/08/23 $58.25 $58.24 $58.24 $58.24 $58.24 $58.24 $349.45' 1993/08/23 1993/08/23 1993/08/23 DESCRIPTION ACCOUNT •RETAIL DATA SYSTEMS RETAIL DATA SYSTEMS retail data systems RETAIL DATA SYSTEMS RETAIL DATA SYSTEMS CASH .REGISTER CASH REGISTER CASH REGISTER CASH REGISTER CASH REGISTER RIBBONMAINTMAINTMAINT 0039-42100549-43400174-43400069-4340 RETTINGER UNION 76 DIESEL 0290-4220 RITZ CAMERA RITZ CAMERA RITZ CAMERA PHOTO FINISH FILM PROCESSING FILM PROCESSING 0129-4210 0129-4210 0129-4210 ROLF E ERICKSON ROLF E ERICKSON SEPT FEE SUPPLIES 0059-4307 0059-4210 RYAN FORD RYAN FORD RYAN FORD REPAIR REPAIR REPAIR 0129-4341 0129-4341 0129-4341 SCOTT BEACK ST OF MN CPV PROGRAM GOLF BALLS CPV PROGRAM STAR TRIBUNE STAR TRIBUNE ADV**SALE SWR PLANT STRETCHERS STRETCHERS SUPPLIES install EQUIP STRINGER STRINGER STRINGER STRINGER STRINGER STRINGER BUS SYSTM BUS SYSTM BUS SYSTM BUS SYSTM BUS SYSTM BUS SYSTM MAI NT MAI NT MAINT MAI NT MAINT MAINT FAX MACHINE FAX MACHINE FAX MACHINE FAX MACHINE FAX MACHINE FAX MACHINE $269.90 S33.90 $303.80* SULLIVAN. STEPHEN SULLIVAN. STEPHEN MTQ MTQ $963.83$963.83* TOWN & COUNTRY AUQ CLEANING 0591-4800 0299-4399 0039-4323 0480-4323 0129-4232 0129-4342 0039 0069 0174 0249 0549 0569 4340 4340 4340 4340 4340 -4340 0175-4356 0129-4356 0099-4349 INVOICE PO NUM. MANUAL. . . . . . . . . . . .OH17138OHM976OHM976OHM976OH 000899 OH 3765413 OH 3765595 OH 3766726 OH 000880 OH AUI000880OH 46641 OH AM47285OH 46723 OH 5717 OH 000923 OH 000921 ON 000920 Or 70477.1 OF 70393.1 Or 175801175801 175801 175801 175801 175801 000922 000922 000900 OH OH OH OH OH OH OH OH . I r ‘• I ICOUNCILCHECK REGISTER Thu Aug 19 1993 06:38:27 P«9« 7CHECK NO1 CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNT •INVOICE PO NUM.MANUAL0288491993/08/23 $563.00$562.00*TRI-K SPORTS DIRT 0590-4343 1672 OH0288501993/08/::3 $63.88$63.88*us WEST COMMUN TELEPHONE 0549-4320 000901 OH0211511993/08/23 . $99.68 $99.68*VISION ENERGY PROPANE 0249-4220 407799 OH 028852 1993/08/23 1993/08/23 1993/08/23 $234.41 $369.77 $92.38 $696.56* WARNING LITES OF MN WARNING LITES OF MN WARNING L7TES OF MN FLASHERS FLASHERS FLASHERS 0249-4331 0249-4331 0249-4331 0047;.93 0047592 0047534 OHOH OH 028853 1993/08/23 $17.23 $17.23*WAYZATA BAY CAR WASH WASH TICKETS 0129-4341 000902 OH 028854 1993/08/23 $1,781.01 $1,781.01*WAY2ATA-CITY OF 2ND QTR WATER 0549-4359 000925 OH 028855 1993/08/23 $50.66 $50.96* WECKMAN STEPHEN MILEAGE 0174-4381 000924 OH 028856 1993/08/23 $31.95 $31.95*WESTSIDE WHOLESALE TIR TIRE 0249-4232 45697 OH 028857 1993/08/23 $1,269.25 $1,269.25*YOCUM OIL CO INC DIESEL 0249-4220 000903 OH ‘i. t: ft C Ir $101,323.54 !2l I ^ #I Cli i ifei '*;■ I jrjg rri K M Id wm 1 £.1 8 COUNaL MEETING AUG 2 3 1993 CITYOFORONO — wAnn 1 7 1993' i^CiL MEETING 3 1993 [INUTES OF THE MEETING OF THE BOARD OF EDUCATION CITY OF 0R0N(f OF ORONO independent school district no . 278 HELD ON JULY 1, 1993 J i ..* u The annual meeting of the Board of Education of Orono Independent School District No. 278 was held on Thursday, July 1, 1993 at 7:30 a.m. Present: Absent: Dave McKown Peg Swanson Pamela Schroeder Thomas Mich Neal Dawson James Franklin Martha Van de Ven Board member Maresh arrived while the meeting was in progress. The meeting was called to order and nominations for chairperson were requested by Dr. Mich. Peg Swanson nominated Dave McKf'”n for chairperson. UPON MOTION by Peg Swanson, seconded by Pamela Schroeder, nominations were closed and Mr. McKown was elected by unanimous ballot. Motion carried. Peg Swanson nominated Jim Franklin for vice chairperson. Peg Swanson moved, Pamela Schroeder seconded that nominations cease and that Mr. Franklin be elected by unanimous ballot. Motion carried. UPON MOTION by Peg Swanson, seconded by Pamela Schroeder, the yearly salary for Clerk was established as $500 and for Treasurer as $100. Motion carried. Peg Swanson nominated John Maresh for clerk. Peg Swanson moved, Pamela Schroeder seconded that nominations cease and that Dr. Maresh be elected by unanimous ballot. Motion carried. John Maresh nominated Martha Van de Ven for treasurer. Peg Swanson moved, Pamela Schroeder seconded that nominations cease and that Mrs. Van de Ven be elected by unanimous ballot. Motion carried. UPON MOTION by Peg Swanson, seconded by John Maresh, the Board of Education authorized the signature plates of officers for 1993-94. Motion carried. UPON MOTION by John Maresh, seconded by Peg Swanson, the consent agenda was approved as follows: — approved the minutes of the June 14, 1993 regular meeting; - approved the appointment of Karen L. Johnson as English/Geman teacher at the Orono Middle School; approved the appointment of Roger Kramer as a part**time science teacher at Orono Middle School; approved the appointment of Jane Kipling as a second grade teacher at Schumann Elementary School; accepted the resignation of Ronald E. Gilbert, Schumann Elementary principal, effective June 30, 1993; accepted the resignation of Jack Watters, District psychologist, effective June 30, 1993; accepted the resignation of Catherine Quady, paraprofessional at Schumann Elementary School, effective June 30, 1993; approved the appointment of Connie Fladeland as principal of Schumann Elementary School effective July 1, 1993; approved continued membership in E.C.S.U.for the 1993>94 school year; approved continued membership in AMSD for the 1993-94 school year; approved continued membership in the Minnesota State High School League according to the following resolution: STATE HIGH SCHOOL LEAGUE RESOLUTION ON FILE IN DISTRICT OFFICE - adopted the following Pupil Staff Ratio Policy for the 1993-94 school year: PUPIL STAFF RATIO POLICY ON FILE lA DISTRICT OFFICE agreed to participate ir Chapter I and authorize an LEA representative and a contact person in conjunction with the District Advisory Committee and School Advisory committees of the District to execute and file application for the school district and to otherwise act as authorizfd representatives in all Chapter I related activities; declared its intention to develop projects which expand and improve the educational programs of the District, and said Board authorized Dr. Thomas B. Mich, Superintendent of Schools or his designee, to execute and file application for and in behalf of the school district, and otherwise to act as its authorized representative in sta.j and federally funded programs and the Board de*' iared its intention to comply with all of the requirements set forth in the "Applicant Statement of Assurances." designated the Assistant Superintendent as the administrator to review all collateral obtained from finanr-lal institutions to cover investments and bank deposits; directed the Superintendent to approve teacher contracts from July 1, 1993 to September 13, 1993 in order to help assure a full component of qualified teachers for the 1993-94 school year; accepted the bid from the lowest responsible bidder Meyer Bros. Dairy for furnishing milk for the 1993-94 school year ; approved the bills as covered by vouchers 078576 through 078703; approved open enrollment for a fourth grade student. Dr. Mich stated that 1992-93 was a good year and many things have been undertaken\initiated and he expressed appreciation to everyone who worked toward making it a good year; that he sees the 1993-94 school year as a pre-planning year regarding the future of the District; that he wanted to welcome the following people to new positions: Dave Benson as associate principal at the middle school and Sue Kueppers as the principal of the middle school; that he wanted to express appreciation to Ronald Gilbert, whose resignation was accepted earlier in the agenda, for his many years of service to the District; that he wanted to congratulate Connie Fladeland on her appointment as principal of Schumann Elementary School; that he would like to tentatively set a workshop session for August 23 to review the Omnibus Education bill and the implications it will have on our District; that the summer program is going very well and exciting things are happening for the children. Dr. Mich introduced a recommendation regarding the introduction of Spanish in kindergarten and grade one for the 1993-94 school year. He stated that this recommendation is based on the proposal presented by a task force which studied the development of a world language program at the elementary level. Dr. Mich stated that under the Omnibus Education bill fi:nds were allocated to aid in the lowering of the teacher/student ratio and this language addition will help in reaching that ratio. Additional funds may h-r available next year for expansion of this program. UPON MOTION by Pamela Schroeder, seconded by Peg Swanson, the Board of Education accepted the initial phase of the elementary world language proposal and the study of Spanish in kindergart. i and grade one will begin with the start of the 1993-94 school year. Motion carried. Dr. Mich stated that the promotional video for the District has been completed and the Board viewed it. After the viewing. Dr. Mich expressed appreciation to Lindsey Peterson for her work on the video. UPON MOTION by Peg Swanson, seconded by Pamela Schroeder, the Board of Education established the regular School Board meeting time at 7:00 p.m., (except July 1, 1993 meeting will begin at 7:30 a.m. and the May 17, 1994 meeting will begin at 9:30 p.m.) to be held in the Orono Education Link, Room 107L on the following dates: July 1, 1993 August 9, 1993 September 13, 1993 September 27, 1993 October 11, 1993 October 25, 1993 November 8, December 13, January January ?4, February 14, February 28, 1993 1993 1994 1994 1994 1994 March 14, 1994 April 11, 1994 April 25, 1994 May 9, 1994 May 17, 1994 June 13, 1994 The Board of Education has determined that Columbus Day is not designated as a holiday, therefore public business can be conducted. TIPON MOTION by Peg Swanson, seconded by Pamela Schroeder, the Board of Education designated the State Bank of Long Lake and the Bank of Maple Plain as depositories for the regular funds of this school district and the officers of the Board of Education are hereby authorized in the name of and on behalf of the Board of Education to open or cause to be opened or to continue or cause to be continued accounts with said banks and to execute and deliver to said banks, signature cards supplied by said banks containing said banks usual customer agreement applicable to such accounts and the signatures of the officers or other persons hereinafter named are hereby authorized to act for and on behalf of the Board of Education or otherwise to endorse or cause to be endorsed, to negotiate or cause to be negotiated, or to deposit or cause to be deposited in such accounts any money, checks, drafts, orders, notes or other instruments payable or held by this Board of Education. Said officers are: David McKown, Martha Van de Ven and John Maresh. Motion carried. UPON MOTION by Peg Swanson, seconded by Pamela Schroeder, the Board of Education approved the following investment depositories and authorized Jim Westrum and Neal Lawson to transfer funds among these financial institutions for investment purposes: 1) 2) 3) 4) 5) 6)n Norwest Bank of Minneapolis First Bank of Minneapolis Minnesota Schema. District Liquid Asset Fund Plus State Bank of Long Lake Bank of Maple Plain Eaton Vance Investors Fund, Inc. Smith Barney, Harris Upham & Co., Inc. Motion carried. UPON MOTION by Peg Swanson, seconded by Pamela Schroeder, the LAKER/PIONEER was designaceu as the official publication of the Orono School District. Motion carried. UPON MOTION by Peg Swanson, seconded by Pamela Schroeder, the official office of the clerk of the School Board will be the District Office in the middle school building. Motion carried. UPON MOTION by Peg Swanson, seconded by Pamela Schroeder, the renewal of surety bonds for all employees was approved. Motion carried. UPON MOTION by Peg Swanson, seconded by Pamela Schroeder, Board members were appointed to the following committees for 1993-94; a) Teachers Meet & Confer b) MN State High School League C) TIES d) A.M.S.D. e) ECSU Rep. Assembly f) P.E.R. g) Community Education Peg Swanson, Pamela Schroeder, Jim Franklin* John Maresh Dave McKown Jim Franklin, Martha Van de Ven* Pamela Schroeder Martha Van de Ven, John Maresh* Peg Swanson, Pamela Schroeder* h) MSBA Local Legislative Liaison i) Chapter I Committee j) Continuing Education k) Negotiating Committee l) District Staff Development m) 7000 Policy Series Review n) 8000 Policy Series Review o) Chemical Health Awareness p) Parent Involvement Committee q) Facilities Representative Martha Van de Ven Jim Franklin, Peg Swanson* Pamela Schroeder Jim Franklin, John Maresh, Martha Van de Ven Peg Swanson John Maresh Pamela Schroeder Peg Swanson Martha Van de Ven Dave McKown, John Maresh* *Designates alternate UPON MOTION by Dave McKown, seconded by Pamela Schroeder, the Board of Education approved the appointment of Mrs. Peg Swanson to serve a two year term on the Intermediate District /287 Board of Education as the representative from the Orono Schools. Motion carried. UPON MOTION by Peg Swanson, seconded by Pamela Schroeder, the Board of Education increased the price of school lunches by five (5) cents per Type A lunch for the 1993-94 school year. The kindergarten snack fee will remain the same as for 1992-93. Motion carried. UPON MOTION by John Maresh, seconded by Pamela Schroeder, the meeting was adjourned. Motion carried. John Maresh, Clerk Dave McKown, Chairman HENNEPIN COMMUNITY HEALTH DEPARTMENT Health Services Building - Level 3 525 Portland Avenue South Minneapolis, Minnesota 55415 'AUG 1 G 1993 DATE:August 6, 1993 ♦ TO:Persons Interested in Community Health Services (CHS) in Hennepin County FROM: SUBJECT: Sue Zuidema. Director AX Public Hearings for the 1994-1995 Hennepin County CHS Plan Update The Hennepin County Community Health Department invites citizens and representative of organizations and community agencies to participate in public hearings on the 1994-1995 Hennepin County Community Health Services Plan Update. As a local board of health, Hennepin County, through its Community Health Department, has been receiving State CHS funds for eligible community health services since 1977. Funding is based on two year plans approved by the Hennepin County Board of Commissioners and the Minnesota Department of Health. Four public hearings are scheduled for August and they will be held in conjunction with regularly scheduled meetings of the Community Health Services Advisory Committees of Minneapolis. Hennepin County, Bloomington, and Edina. They are scheduled for: Dale: August 17, 1993 Time: 7:00 p.m. Host: Minneapolis Public Health Advisory Committee Location: Sabathani Community Center (Room D2), 310 Last 38th Street For Additional Information Contact: Jerry Thelen at 673-3798 or Mary Manning at 673*3009 Date: August 18, 1993 Time: 11:00 a.m. Host: Hennepin County Community Health Services Advisory Committee Location: brookaaie-Hennepin Area Library (Meeting Rooms A&6), 6125 Shingle Creek Parkway, Brooklyn Center For Additional Information Contact: Jim Mara at 348-3969 or Monica Sausen at 348-3906 Date: August 24. 1993 Time: 7:30 p.m. Host: City of Bloomington Advisory Board of Health Location: Bloomington City Council Chambers, 2215 West Old Shakopee Road For Additional Information Contact: Roz Johnson or Gayie Hallin at 887-9603 Date: August 25. 1993 Time: 7:30 p.m. Host: Edina Community Health Board Location: Edina City Hall, 4801 West 50th Street For Additional Information Contact: David Velde at 927-8861 (over) HENNEPIN COUNTY on equal opportunity emptoytr 1 . I Copies of the preliminary plan are available for public review at the following locations: Brookdale-Hennepin Area Library Information Services Desk 6125 Shingle Creek Parkway Brooklyn Center, MN 55430 Ridgedale Library Information Services Desk 12601 Ridgedale Drive Minnetonka. MN 55343 Southdale-Hennepin Area Library Information Services Desk 7001 York Avenue South Edina. MN 55435 Minneapolis Central Library Government Documents 300 Nicollet Mall Minneapolis. MN 55401 If you are unable to attend any of the meetings, but have questions about the plan update or would like to present testimony about the plan update, contact Jim Mara. 348-3969. "AUC is 1993 Philip A. Wear 5900 Carter Lane Minnetonka, MN 55343 >_L ' ) City of Orono Box 66 Crystal, MN 55323 August 17, 1993 City Administrator/City Council Please be advised that you are trespassing by forcing a road through on the property owned by the Wear Partnership on the South Watertown Road. Appropriate legal action will be taken by us to protect our rights. LA'-^E MINNETONKA CONSERVATION DISTRICT administrative Committee Meeting Notice and Agenda 5:30 pm, Wednesday, August 25, 1993 Tonka Bay City Hall 2 3 1S93 1.Meeting report review of 7/23/93 meeting; administrative subcommittee report of 8/3/93: a. 1. artnressing issues raised in the S/S/^fsubrom^ittte "report; (committee hand-out) * Discussion and ••ecommendations • a t. • « rrf a board workshop date and place ^ * triurthfr develop Lbcommittee concepts presentee 3. Fee Study Subcommittee report of 8/3/93; Board member staggered term review per 8/17/93 proposal; 5. City of spring Park and City of E;<celsror co^unica^ re"p?:s:i?It?vrtiTotnh^rS^P^?nni%epresentatrve is unablB to be present. park communication asking 6.City of Spring ^^'^ect of Eurasian Water"voluntary contribution of aspect or Milfoil Weed Harvest program buage , 7. Additional business; 4## board member NOTICE: POease c^f.irffl PSllt attejidance OR REGRETS for food planning purposes, 473-7033. Thank you. LAKE MINNETONKA CONSERVATION DISTRICT 900 EASl VMYZATA BOULEVARD. SUITE 160 • WAYZATA. MINNESOTA 55391 • TELEPHONE 612 473 7033 EUGENE R. STROMMEN. EXECUTIVE DIRECTOR BOARD MEMBERS David H Cochran. Chair Greenwood Tom Penn. Vice Chair Tonka Bay Douglas E. Babcock. Secretary Spring Park Scott Carlson. Treasurer Minnctnsta Mike Bloom Minnetonka Beach Albert (Bert) Foster Deephaven James N. Grathwol Excelsior JoElIen L Hurr Ofono William A Johnstone Minnetonka Duane Markus Wayzata George C Owen Victoria Robert Rascop Shorewood Tom Reese Mound Robert E. Slocum Woodland August 17, 1993 NaVt*rre Cove Homeowners Assc* c/o Dan Lindsay 100 S. 5th St., 112500 Mpls., MN 55A02 Subj: 1993 Multiple Dock and Mooring Area License The Lake Minnetonka Conservation District Board of Directors has approved your multiple dock license for the 1993 seasonj^s The license and the approved site plan with stipulations, if any, are enclosed. Any change will require a new license. Your continuing cooperation in our "Save the Lake" program is appreciated. Sincerely, LAKE MINNETONKA CONSERVATION DISTRICT achel Thibault Administrative Technician end: license, site plan c/encl: municipality-o iro^o N j •; |\Jq^ 93-53 as am ended $ iAn.no 9 WSU __6 BSU Units MULTIPLE DOCK AND MOORING AREA LICENSE LAKE MINNETONKA CONSERVATION UISTRICI County of Ilcmicpin, Slate of Aliiinesola ss. 1 .v...M,i>Ac NAVARRIi COVE H0ME0R71ERS ASSOCIATION________City of QrQIlQ---------------— W 11 L!<i\I ' ' c/o Dan Lindsay, 1 00 S 5th St, //2500, Minneapolis MN 55A02____________ , . , f One Hundred Fortv and no/100s ______________________________DOLLARS lollSeLVrof said LAKE MlNNET0^'KA■cl^I:HVATI0N DISTUICT as by of sa.d District and complied with all the rcciuirements of said Ordinances necessary for obtaining NO>V, TllEUEFOUE, U> order of the Board of Directors of said District and by virtue her Navarre Cove Homeown^-^. ^^is hereby operate a multiple dock subject to listing and future density policies and regurations adopted by as amended with new site plan approved 7/28/93, sub-]ect to of Directors. association malntalnlnc exclusive dock:.!!e rights over entire 400' of lakeshore at Kelly Cove and Navarre Cove. for the period of the 1993 Dock. December 31 19 93 subject to all the conditions and provisions of said Ordinances. season and arc Given under my hand and the corporate seal of the LAKE IMINNETOiNKA CONSEUVAIION UlSI IUCI this 28th day of July Attest A.D. 19 V o-r At Executive/DirectorKugene R. Strommen Chairman David H. Cochran •BjiwiitumtfurtgufLitmf y* »i.w.gngo _ I • • i . . NAVARRE COVj^HOMEOWNERS ASSOCIATION UJ 1:3 :2:w > < >* h J u. mx-6, /ifi'ip ■7Xf-'}i License is subj.^t to dissociation maintaining exclusive rig the entire ^00' of lakcsl and Navarre Cove. (»IA n *<4 **<0 UfJUfV fMUl • MS over :>re at Kelly Cove I.t. , 1*1 * \J 9 9 f 'vV SC»**0 ioo Ml» «*• •••0 invOi««»<C VOf UNM U»»il»S 0Mitii*m tl'f PI* I Il»#l /#«/ ♦•rO /f/f. DCN0TC5 I WON MONl/Wtf ocarin GS shown are assum 4I» «•'«#<' #/ *••.'#» •• *»* »' /»/» , Me 0f rP#*M LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAYZATA BOULEVARD. SUITE ICO • WAYZATA. MINNESOTA 55391 • TELEPHONE 612 7033 EUGENE R. STROMMEN. EXECUTIVE DIRECTOR BOARD MEMBERS David H Cochran. Chair Green’.vood Tom Penn. Vice Chair Tonka Bay Douglas E Babcock. Secrelary Spring Park Scott Carlson. Trcrasuror Minnclrisla Mike Bloom Minnetonka Beach Albert fBor!) Foster Dcophaven James N Gralhwol Excelsior JoEHen L. Hurr Orono William A. Johnstone Minnetonka Duane Marnus Wayzala George C. Owen Victoria Robert Rascep r vood Tom Rev Mound Roben E Slocum Woodland August W, 1993 Lakeside Marina c/o Jim Dunn 3324 North Shore Drive Wayzata, MN 55391 Subj: 1993 Multiple Dock and Mooring Area License for the 1993 seasonj exs The license and the approved site plan stipulations, if any, are enclosed. Any change will require a new license. Your continuing cooperation in our ^ave the Lake program is appreciated. Since *ely, LAK£i MIUNETONKA CONSERVATION DISTRICT la^hel Thibault Administrative Technician end: license, site plan c/encl: municipality - LAKE MINNETONKA CONSERVATION DISTRICT Conditions for Lakssids Marina, Inc. 1993 Multiple Dock License per LMCD Board Action 7/28/93 Licensee shall main*-ain books and records sufficient to establish that marina launching facilities are not being used in conjunction with any of the watercraft parked or stored on land at the marina. Such records shall be available for inspection by LMCD officers and agents upon advance notice. Such books and records shall include the State registration number, or the name and port of call for documented boats, of each watercraft stored or parked on land at the marina. Additionally, the licensee shall maintain records to establish the status of each watercraft in a form satisfactory to the executive director of the District. Such records would include, but not be limited to. a.In the case of watercraft in the marina for repair or maintenance, a written work order with the state registration number or name and port of call of the watercraft indicating the date the watercraft was delivered for service or maintenance and the estimated date of completion of the work. b.In the case of watercraft at the marina for winter storage, a written storage agreement indicating the date the watercraft was delivered for storage and the date by which it must be pickud up by the owner. c.In the case of watercraft being sold at the marina, evidence of ownership by the licensee or an executed brokerage agreement. * MULTIPLE DOCK AND MOORING AlOiA LICENSE LAKE MINNETONKA CONSCinVVHON DISTRICT Count) of llcniicpiii, State of Aliimcsota ss. WIICUL'AS, lakeside MARINA. INC^ DOLLARS 3324 North Shore Drive, City of Orono has paid Ihc f :•!’11 UISTHICT as icquifcd hy (he Ordinances ol said Si;l"S^n;u“d'“t an .™T,tL!!:en" d said O, dinahces necessary .or ohrainin^ r„is Uerns.: ^OW, rnEKC-OUE. Uy order o. (he Board o. D.reeiors o. said Dis.ric, and h, virtue hereol. ihe sard Lakes ide Marina. Inc____________________________- is I'erchy nl ‘ I suhjec m eais.ing a„d7u^re deasiiy poii* and reguia.rons adopted hy D ,nc, of Dircctors.^-r^^^^ ,, instailid on the open ends of - - - -aitaciiea mmmn—~ ^ non-confqrming structure for the period of ihc----L§93 Dock---------_ endirtg ’ ■ r.or-athur 31 w -23_ subject to all Ihe coudu.ons and provisions ol said Ordinances. Alt, special event .0Mui.es a oUo.'n'o'e dumilW. o. both, aie punishable by imp.isonn.eni lor no. n.ore tha.. W days P ,„en„n this Civen u:de. n,y hand and the co.po.ate sea, o. the LAKE h.hN^Cl 0^KA CON5L..VA. ION UIS IKIC. day or . 1'' / a y ~) ^ I ^-V 28th . y .......................................................................................................................................... r 1 1 11 iH ? n III llh ■ I V.*'l • ♦ LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGENDA 7:00 PM - Public Hearings 7:30 PM - Regular Meeting Wednesday, August 25, 1993 Tonka Bay City Hall 4901 Manitou Rd (County Rd 19) 7:00 PM - PUBLIC HEARINGS Excel Marina, New Multiple Dock License Application, St. Albans Bay, Excelsior Gideons Point Homeowners Association, Dock Length Variance Application, Gideons Bay, Tonka Bay 7:30 PM - REGULAR MEETING CALL TO ORDER ROLL CALL CHAIR ANNOUNCEMENTS, Cochran READING OP MINUTES - 7/28/93 Board Meeting PUBLIC COMMENTS - From persons in attendance on subjects not on agenda (5 minute limit) [ITTEE REPORTS 1. HATER STRUCTURES, Chair Babcock A. Approval of minutes, 8/14/93 meeting B. Cosentino Dock Length Variance Application, 20640 Linwood Road, Deephaven, Lower Lake South; Public hearing report and findings as corrected, recommending denial of variance for 200 doc , and allowing applicant 90 days to bring dock into compliance C. Stocks Side setback Variance, Mound, Halsteds Bay; amend the condition on the 7/28/93 Order regarding watercraft beam limit of 7' D. Bean’s Greenwood Marina, Greenwood, St. Albans Bay; New license application to relocate three tie-on slips, recommending denial E. Additional business 2. LAKE USE AND RECREATION, Chair Foster A. Approval of minutes, 8/16/93 meeting LMCD Board of Directors, Agenda, 8/25/93, Pg. 2 B. Decibel Level Ordinance Amendment, second reading; changing the decibel level limit on Lake Minnetonka from 82 to 80 decibels C. Public Officials Lake Tour; recommending to move the date of the tour from the first Saturday in August to the second Saturday. D. Special Events - Deposit Refund of $100 for Westonka MDA Bass Tournament, 7/25/93, recommending approval E. Hennepin County Sheriff's Hater Patrol Report F. Additional business 3. ENVIRONMENT A. Environment Committee, Chair Rascop 1) Report of 8/24/93 meeting B. Eurasian Water Milfoil Task Force, Chair Penn 1) Report of 8/20/93 meeting 4. ADMINISTRATIVE COMMITTEE, Chair Carlson A. Report of 8/3/93 subcommittee meeting B. Report of 8/3/93 Fee Study subcommittee meeting C. Report of 8/25/93 meeting FINANCIAL REPORTS, Treasurer Carlson A. July Statement of Cash Transactions B. Audit of Vouchers for Payment EXECUTIVE DIRECTOR REPORT, Strommen UNFINISHED BUSINESS A. Nominating Committee Slate of Officers NEW BUSINESS ****** EXECUTIVE SESSION REGARDING HOWARD KELSEY PAGE V. COMMISSIONER OF NATURAL RESOURCES IMPLIED CONSENT LITIGATION ******* ADJOURNMENT 8/18/93 DRAFT LAKK MINNETONKA CONSERVATION DISTRICT Regular Meeting 7:30 PM., Wednesday, July 28, 1993 Tonka Bay City Hall The meeting was called to order by Vice Chair Penn at 8 PM. ROLL CALL Members Present: Tom Penn. Vice Cha Deephaven: James Grathwo1, Excelsior. Mike Bloom, Minnetonka Beach; Scott trista; Thomas Reese, Mound: JoEllen Shorewood: Douglas Babcock, Secretary Victoria. Also Present: Charles Thibault. Administrative Technician: Director. Members Absent; David Cochran. Chair. Greenwood: Duane Markus. Wayzata; Robeit Slocum, Woodland. ir. Tonka Bay; Bert Foster. Will. Johnstone. Minnetonka: Carlson, Treasurer, Minne- Hurr, Orono; Robert Rascop, . Spring Park: George Owen, LeFevere, Counsel; Rachel Eugene Strommen, Executive CHAIR ANNOUNCEMENTS Penn for Cochran Luncheon, Saturday, August 7, 1993. Reservations will be taken ‘""^'^B^'^'^Strommen announced that during the high water emergency Chair Cochran taped a thirty second pub 1ic service announcement through the cooperation of Lakes Cable Advertising and the Ex-el Joe*i Campion, Lakes Cable Adve r t i s i ng , showed ment on a TV screen as it will appear on the ESPN. CNN, «nd USA channels. The announcement by Cochran called the . the boating public to the need for wake control during the \igh water period. Campion said Lakes Cable t i s i ng an Excelsior Park Tavern have contributed ® chan«^es similar programming. He welcomed any suggestions fnfnrp in wordage. Other messages would also be invited in e READING OF MINUTES A. Babcock moved. Reese seconded, to approve ‘he minutes of the 6/23/93 Board meeting as submitted. Motion car B. Johnstone moved. Carlson j'^l^ow\ng minutes of the 7/15/93 Emergency Board meeting with the fo g correction: Page 3 Paragraph 3 - the last word should be ■•wakes". Motion carried unanimously. nnorove the minutes of the 7/17/93 Emergency Board meeting with the f g Paragraph 3 - where it says "Moore moved" it should read "Bloom moved".- continued LMCI) BOARD OF DIKFCTORS July 28, 199.1 Pape .1 - "Motion carried" should be added after the second f? a r a " r a p h . Pape .1 Parapraph 2 - The water level should he "929.8’". instead of ”929.6’". Motion carried unanimously. From persons in attendance on subjects not onPUBLIC COMMENTS the agenda. Thomas Wartinan, representing the Gideons Point flomcowners Association (HOA) requested reconsideration of the Board action denying the variance for Lots 1 through 5. He submitted a re­ vised plan for the boardwalk over the wetlands for Lots 1 and 2. The request included a reduction of the HOA boat density from 51 Boat Storage Units to 47 Boat Storage Units. He asked for refer­ ral of the new variance request to the next Water Structures Committee meeting on S/14, for a recommendation to be considered I)v the Board at its regular meeting on 8/25. LeFevere said that, because the Board has acted on the application, it would require a motion by a Board member to do anything with it. A motion to reconsider has to be made at the same meeting the original motion w'as made. A motion to rescind and/> a motion to alter the previous action would be in order. That type of motion could be made by any member, to be differen­ tiated from a motion to reconsider which requires the motion be made by a member of the prevailing siile. The motion to rescind or modify the previous action would require previous notice of • he proposed action, w i t li a majority of the entire body or 2/3 of the members present in favor. II the motion were to send the new application to the Water Structures Committee it would only require a majority vote of the members present. Babcock said the issue of a site plan for the entire devel­ opment shoreline which conforms to the Order issued for granting the Gideons Point Homeowners Association 1993 multiple dock license is pending before the Water Structures Committee. The Committee tabled action at the last meeting because the site plan was not submitted. Strommen said he does not believe the commit­ tee would be in any position to reconsider the application in view of the Order denying the variance on the west end. ^ MOTION: Grathwol moved. Foster seconded, to refer Mr. Wartman’s request to the Water Structures Committee. DISCUSSION: Babcock said the new dock license for the HOA is not complete until the missing site plan has been approved. He called for either a vote on the motion on the floor or a nio t i on to modify the variance. LeFevere said an alternative would be for a member to give notice tonight xhat there will be a motion to rescind at the next Board meeting. Johnstone asked if it is possible for Wartman to submit a new variance application. LeFevere said Wartman could start the whole process over by paying a new fee and having another pub 1 i c hearing. Hurr wondered if there is a time limit for asking for reconsideration. LeFevere said there is no such provision under the LMCD rules. LeFevere said the action the Board took was - continued LMCD BOARD OF DIRIXTORS July 28, 1993 I Qn the inroriiitition receive cl cit the public hccirinp* The. court allows the Board to rescind action. He does not believe it would be a probleni to proceed at the ne.xt Board nieetinjt. After a certain point a new application and/or a new public hearing may be required. A potential risk in the Board acting to reconsider the matter is that a court would require another public hearing. Grathwol said his motion to refer the matter to the Water Structures Committee wo uId leave any future action up to the committee. As he understands it. there is a change in the vari­ ance application. The new site plan was just received and he, Grathwol. does not fully understand it. Justin Holl. 30 Pearl Street, has seen the new proposal. It moves the new dock 40’ closer to the Moll property. He wants the dock to be further away from his property. VOTE: Grathwol. Johnstone. Owen and Foster voted aye. Bloom. Carlson, Reese, llurr, Rascop. Babcock, and Penn \oted nay. Mot ion fai1ed. Wartman said the HOA is not opposed to making a new applica­ tion, paying the fee and having a public hearing. He would like to do that prior to the Water Structures Committee meeting so a public hearing could be held on August 14. He said there is enough time to meet the publication requirements. There was discussion as to whether a public hearing could be held before the committee meeting. It has been done in the past only when there was a need to proceed quickly because of the boating season beginning. There was consensus that the public hearing must be held before a regular Board meeting. Carlson said the new site plan doesn’t address the concerns of the Board and nothing is going to change until Wartman meets the variance criteria. . ui ^ Suzanne Holl. 15 Highland Avenue, said it is possible to go around the marsh with the dock for the west end of the property, moving it toward the development. That would solve the variance problem and the marsh problem. She said there is nothing dramat­ ically different about the new proposal. Hurr said the Board had previously acted to limit the for presentations from people not on the agenda. That procedure should be followed as it is not considerate of other people waiting to be heard. COMMITTEE REPORTS 1. WATER STRUCTURES, Chair Babcock A. Minutes. Babcock moved, Reese seconded, to approve tne minutes of the 7/10/93 Water Structures Committee meeting. Motion carried unanimously. . i u„icf- B. Stocks Side Setback Variance Application, Mound. Haisr MOTION: Hurr moved. Reese seconded, to accept the iecoinmendation of the Water Structures Committee to approve ‘ Order approving the side setback variance application o and Roma Stocks. VOTE: Motion carried, Carlson. Babcock and Bloom voting na.. LMCD BOARD OF DIRECTORS July 28, 1993 C. L.'ikesiclc Marina License Conditions, Maxwell Day. Orono The Board received a recommendation from the committee that the District proceed with I'rosecution on the off-lake storage violation, unless James Dunn, President of Lakeside Marina, brings the facility into compliance by this meeting, and to amend the license conditions to show that the records shall include the MN number, or name and port of call for documented boats, for iden­ tification of all boats stored on land, in lieu of name, address and phone number as previously stated. MOTION: Babcock moved, Grathwol seconded, to accept the commit­ tee recommendation. DISCUSSION: Thibault reported Dunn was cooperative and discussed all of the boats on his property with her. There are a large number of boats on the east side of the property, which are there for a variety of reasons such as long-term storage and service. Thibault said Dunn gave her the status of each boat, includ­ ing those on trailers on the west side of the property. Two of the trailer boats were on an "in and out" contract. One boat has been moved to the Lakeside showroom for sale, at the request of the owner. The owner of the other boat could not be contacted and the boat has been moved to an off-lake facility of Dunn s. Dunn has advised all of his customers that the ramp cannot be used because of the high water and the LMCD rules. Thibault believes the boat storage on land is in compliance. A motion by Grathwol to table the motion was defeated by 4 ayes, 5 nays and 2 abstentions. Babcock and Grathwol withdrew the original motion. MOTION: Reese moved. Grathwol seconded, to approve the 1993 multiple dock license for Lakeside Marina. Inc. with the condi­ tions as amended in that his records are to include the state registration number or name and port of call for documented boats for identification of all boats stored on land. VOTE: Motion carried, Hurr abstaining. D. Navarre Cove Homeowners Assoc., Carmans Bay, Orono MOTION: Babcock moved, Johnstone seconded, to accept the recom­ mendation of the Water Structures Committee to approve the re­ vised Navarre Cove HOA site plan dated 6/8/93 changing the three stick docks from 25’ to 44’ for 6 BSU, subject to LMCD receiving the Association’s documentation of boat storage rights. VOTE: Motion carried unanimously. E. Excelsior Park Tavern Amenities, Excelsior Bay. Excel- MOTION; Babcock moved. Penn seconded, to accept the recommenda­ tion of the Water Structures Committee to amend the Excelsior Park Tavern license to reflect a trade in timenities fiom t e for swimming lessons to the prov'^sion of free charter to handicapped and under-privileged community groups - which are of equal Code value. The licensee is to provide the charter boat rides to at least 100 people per year and give a written report at the end of the season. VOTE: Motion carried unanimously. LMCD DOARO OF DIRECTORS July 28, 1993 2. LAKE USE AND RECREATION COMMITTEE, Chair Foster A Approval of Minutes. Foster moved. Bloom seconded, to approve the minutes of the 7/19/93 meeting as submitted. Motion Ccirried unanimously. B High Water Level Foster thanked the LMCD staff for the inordinate job it did in getting out the publicity on the rules to be observed during the high water emergency. Foster publiclv thanked Gabriel Jabbour for his financial contribution and ass’istance, the Lake Minnetonka Lakeshore Owners Association for its support and help in passing out fliers and helping with the mailing, to the TV stations for the publicity and to Denis Bailev, Hennepin County Lake Improvement, for his department s swift' reaction in moving buoys. Letters of appreciation are to be sent to all who assisted. The Board expressed appreciation to the executive director for the extra time and for the effort he Putin preparingthe plan. Thibault said the number of calls about high water are since the regulations went into effect. Rascop said he has had calls thanking the LMCD for its action. Hurr said some people have said it would be a good idea to have the regulations on permanent ba^^ complaints from the Inter lachen area at the Narrows where homeowners have had to sand bag. There is no minimum wake in that area. The executive director ‘^^s talked to Denis Bailey abov. that area and the channel buoys will be out 300’ from the end of channel. Bailey will add a point so when the boats come out from the channel buoys they will be moved further away from the area. ^ Penn said he would like to see some signs a Bridge, Areola Bridge and Narrows Bridge. The executive director will look into the request to see what can be done. Rascop noted the 135 warnings issued by the ® MOTION: Rascop moved. Owen seconded, to write a let er iff Omodt thanking him for his immediate help in enforcement of the high water ordinance, with a copy to Sgt. Chandler. VOTE: Motion carried unanimously. C. Decibel Level Ordinance Amendment The Board received an opinion T „ proposed amendment to the ordinance limiting ceci e MOTION: Foster moved. Grathwol seconded, to approve reading of ..n Ordinance Relating to the Decibel ^ ^ ® Engines or Motor Boats on Lake Minnetonka; Amending Section 3.01. Subdivision 17. , . , , i r«,- m-irine DISCUSSION: The amendment reduces the decibel Icve the case engines or motorboats to 80 decibels from 84 decibe s . .g., ’ j of marine engines or motorboats manufactured before from 82 decibels in the case of marine engines or motorboats manufactured on or after 1/1/82. LMCD BOARD OF DIRECTORS July 28. 1993 Babcock questioned the change of all engines and motorboats to 80 decibels. Foster said the committee decided this would be a mo?e practiLl means of enforcement. Babcock said the date of manufacture is shown on all engines and motors. Penn said le would support the 80 decibels over all. Hurr asked about having a public hearing. foster said this was discussed at public meetings at which manufacturers and vendors were given an opportunity to be heard. Ca i 1 son sa i d 11 would be advisable to give adequate notice to everyone before the second reading of the ordinance. VOTE: Motion carried. Babcock voting nay. ? The'^new and renewal special event information, as shown in the'approved minutes of the Lake Use and Recreation Committee. was accepted. to approve the fol-2. Deposit Refunds MOTION; Foster moved, Reese seconded, lowing deposit refunds of $100 each to: a) Minnetonka Bass Classic. 6/5/93 b) IN Bass Tournament, 6/6/93 c) Mound City Days Fireworks and Water Ski Show. 6/-0/9 VOTE: Motion car.ied unanimously. E. Hennepin County Sheriff’s Water Patrol activitv The Water Patrol submitted a report of significant activit on Lake Minnetonka since 6/23/93 with an addendum ‘ water activity since 7/19/93. The addendum shows 13,. '^V/^7 warnings 15 citations and 5 written warnings issued 7/20 - Enforcement activities have been taking place in responoe to ccmpfaints of al eged violations by the Minnetonka Yacht Club and Sinnetonk^SailingSchool in Carson’s Bay. Nu^rous cop.es^o. the High Water Emergency handouts have been dis ..iij earh wa^r Patrol continues to receive a large number of calls each dav regarding the minimum wake rules. r-vwm - weekly charter boat inspection “P'1 "f ued 7/10/93 was submitted. The reports weie receive reoresen- Hurr observed that the Water Patrol did ‘ ^ ‘ D i s- tative at this meeting. The c.xecutive ^, ,, Water frict received verbal notice from Lt. Esensten Board PaJrol was directed to not send a representative to the Board mua Ugs or the Lake Use and Recreation Committee mce ir.gs 1 la a matter of the iime involved and a j'VnVthere is full appreciation of '^eservM ces they are pr. ., Carlson said the District shou d f ‘‘ t r i c t values Patrol to the meetings, expressing how mu^c ,, , every and appreciates Water Patrol input, with an "e t i ngs . efforlwill bo made to limit the < 'h*/ fP“"tater PatrVl fndHurr suggested personal caI 1s inv.ting t he Water pa tr Sheriffs Department to the P“'’' ' “ ^ ‘ I eve I is U30.13’ asThe c.xecutive director reported the Lake of 7/28/93. LMCIJ HOARD OF DIRFCTORS July 28, 19‘)3 E. ENVIRONMENT A. Environment Committee, Chaii Hun Hurr reported there was no nice tine this month. 1) Draft Proposal to contract for environmental planning, implementation services. The executive director distributed a draft Contract Service Action Plan dated 7/26/9.1 from the Environment Committee, as well as a draft action plan prepared by Dick Osgood, dated ./12/93. to accomplish environmental protection objectives of the Management Plan. MOTION: Hurr moved. Penn seconded, to approve an iridependent contractor agreement between the District and Dick Osgood, Eco­ system Strategies, to engage Osgood to implement an action plan to accomplish environmental protection objectives in the Manage­ ment Plan for Lake Minnetonka as introduced in the District’s outline dated 7/26/93 and the contractor’s outline dated 7/12/>3. DISCUSSION: The executive director said there are more than sufficient funds in the 1993 budget and the balance will be carried forward to 1994. Rascop asked that the LMCD auditor comment on the propriety of that action. Penn said he has worked with Osgood on the EWM Task Force and finds him very competent. Grathwol had questions from the Excelsior City Council regarding the budget for this -Wan. He wondered if the Coard will get an overview of the work to be accomplished on an ongoing basis. It appears to him that there is no termination date on the contract. Hurr said there will be an evaluation after Phase Grathwol asked if the committee had looked at funding the plan in any other way. He suggested the Minnehaha Creek Water­ shed District, the Pollution Control Agency or the Hennepin Conservation District. Hurr said the committee could not see those agencies participating with funding in the District s plan. The executive director said this program is like seed money get investment from the lead agencies to implement their portion of the objectives in the Management Plan. Babcock would like to have a presentation every three to four months so a report can be made back to the cities. said all cities are copicil on the minutes, and invited to th'.* meetings. There will be continual updating througli the executive director. Johnstone said this is exactly what the Distiic should be doing. He suggested looking for other sources o funding. . . , Grathwol said it is important that the District keep coinii - ni eating with the cities. That is one of the most important things on the agenda. Hurr suggested having Osgood give an update at the next Mayors’ meeting. The executive director said the cities have been included in all Environment Committee mail­ ings. LMCD BOARD OF DIRECTORS July 28, 1993 Johnstone said there may be funds available from some other source. Hurr said that if application is made to the LCMR the funds would not be available in time to do this program. VOTE: Motion carried unanimously. B. Eurasian Water Milfoil Task Force, Chair Penn MOTION: Penn moved, Reese seconded, to approve the minutes of the Eurasian Water Milfoil Task Force meeting of 7/16/93 as submi11 ed. VOTE: Motion carried unanimously, 1) Report of 7/16/93 meeting Penn reported 303.5 acres have been harvested. High water [)resentsaprobIcm. The public access milfoil fragment clean-up continues. Seven public accesses have received herbicide treatment. The Task Force will be looking at the potential for treating with Gar Ion IlIA in 1994. The SONAR test in St. Alban’s Bay continues. Weevil populations have been found in a natural state in the Lake. 4. ADMINISTRATIVE COMMITTEE, Chair Carlson A. Carlson moved, Reese seconded, to approve the minutes of the Administrative Committee meeting of 6/23/93. Motion carried unanimously. B. Administrative Meeting of 7/2S/93 Carlson reported it has been suggested all terms e.xpire at the end of 1993. The plan wa.*: for some members to resign after 1 or 2 years and then get reappointed for new three year staggered terms to change the current situation when all terms end at one time. Carlson said Mayor Callahan of Orono points out the LMCD enabling act does not allow one or two year terms. Johnstone asked if there could be a lottery or drawing to establish the new terms. Carlson’s response was that some cities and members may have preferences and those should be taken into consideration. Carlson said preferences and commitments will be considered at the ne.xt administrative committee meeting. MOTION; Carlson moved, Grathwol seconded, to approve the ap­ pointment of a nominating committee with Carlson as Chair, and Bloom, Rascop and Babcock as members. The nominating committee is to report its slate of officers at the August Board meeting with the vote to be taken at the Septeml)er Board meeting. VOTE: Motion carried unanimously, Carlson reported a sub-committee of the Administrative Committee is looking at administrative procedures, the restruc­ turing of the District board and funding sources. They are looking at ways to solicit comments and concerns from the Dis­ trict’s constituents. LMCD BOARD OF DIRECTORS July 28, The executive director reported receipt of a resolution from the Spring Park City Council requesting consideration be given to amending the LMCD by-laws to allow the communities to elect an alternate Board member to serve when a regular membei cannot attend*MOTION: Johnstone moved. Griithwol seconded, to refer the Spring Park resolution to the Administrative Committee. VOTE: Motion carried unanimously. The next meeting of the Administrative Committee will be 7:30 AM. Tuesday, August 3. 1993 at the LMCD of:ice. The executive director reported the Excelsior Park Tavern has extended an invitation to the Board and guests mational cruise on either 8/15 or 9/12 from ll AM to I PM. The purpose would be to familiarize the Board with the operation of a In response to a question from Carlson propriety of accepting such an offer. LeFevere said it would depend on what happens on the cruise and what is discussed It ° meet the Open Meeting Law requirements. Bloom said he would check with the Minnetonka Beach attorney. c^nipm A show of hands indicated the members preferied the Septem ber date . FINANCIAL REPORTS A Financial Reports. MOTION: Carlson moved. Hurr seconded, to approve the Statemen s of Cash Transactions for ^pril. May and June as submitted. VOTE: Motion carried unanimously. B. Audit of Vouchers for Payment MoxioN* Babcock moved. Penn seconded, to approve payment of b?nr/n the amount or S56.372.52. Checka #9285 through 9349 and Payroll Checks #1084 through 1110. VOTE: Motion carried unanimously. EXECUTIVE DIRECTOR REPORT The executive director presented the calendar foi the nionth of August.' The Administrative Committee subcominittee meeting on 8/3 is to bo added, as well as an tnvironment Committee meetint, date ?o be determined. Grathwol s.iid the LMCD Lake Access Com- mittee wiil meet in September. rhTllene- The executive director said the past ^ ing for the staff because of the pressure Tvk for water ordinance into effect . He commen ed high their response to the need to piepare and rihip from the water information. Generally the response was favorable from public when the minimum wake rules were implemented. LMCD BOARD OF DIRECTORS July 28, 1993 Penn suggested that when the normal i i • the District should review keeping some of hi " reached. buoy placements. The executive director suggested th^^fat and Recreation Committee could review that su^biect The executive director said he and LeFevara hoi Minnetonka City Manager. Dav i d^ch i 1 Ss ' ?o UNFINISHED BUSINESS None NEW BUSINESS on Lal^; M°nne\on"ka' Mandatory (BWI) Chonical Testing Babcock moved. Reese seconded, to approve the first reading and to waive the second and third reading nf An o !• Relating to Mandatory (BWI) Chemical Testine on i Ordinance Amending Code Sect. 3 17. Subd. 14 Minnetonka; VOTE; Motion carried unanimously. B. Memo regarding LMCD Levy to Cities Carlson called attention to the Citv of FvooIo;/-.,- distribution to the cities exp’iaining why the LMCD cannot reduce the p.oposed 1994 ievy. Orathv.ol said he feels the of piot'eJt “'■'ia'-atands the reasons despite its letter C. Resignation City tendered her resignation to the Oronocity Council as a member of the LMCD Board. on expressed the regrets of the Board and commended Hurr o? the stVfV"."n'd director thanked Hurr on beHaf? hPr generous help on committees and sharingher professional planning experience. =>naring ADJOURNMENT carriernn^nr"’* P^^nn seconded, to adjourn the meeting. Motion carried unanimously. Meeting adjourned at 9:45 PM. David Cochran Douglas Babcock. Secretarv to L RAFT LAKK MINNKTONKA CONSERVATION DISTRICT Act ion Report:Water Structures Committee Meeting;7:30 AM., Saturday, August 14. 1993 Norwest Dank Building, Wayrata, Room 135 Members Present: Douglas Babcock. Chair, Spring Park: Bert Foster, Deephaven: David Cochran, Greenwood: Thomas Reese, Mound: Duane Markus. Wayzata (as noted). Also Present: Rachel Thi- bault, Administrative Technician 1. Michael Revier, 2691 Ethel Avenue. Orono, Carmans Bay Babcock reviewed the Public Hearing report and Findings of Fact from 7/28/93 to consider the application of Michael Revier for a dock use area variance. The committee received a packet of information from staff including material made available at the public hearing. A letter dated 8/12/93 from David and LuAnn Runkle. 2684 Casco Point Road, objecting to the variance was submitted. The Runkle letter included attachments, with letters from attorneys Clinton McLagan and David Sellergren supporting the Runkle objection. The Runkles’ objection is based on the contention that the proposed Revier dock will encroach on their property rights. They state Revier has the right to share an e.xisting dock with the neighbor the south, C. Gordon Amundson. 2697 Ethel Avenue, that Revier purchased his lot knowing of the limited situation and at the Orono Planning Commission meeting, stated he did not intend to build a dock. Also submitted was a letter dated 8/13/93 from LeFevere, LMCD Counsel, commenting on the Revier variance docking Revier Charles app1i- cation. LeFevere concluded be unreasonable. However, appropriate to consider any ed with the Revier parcel quested should be granted. that granting the variance would not according to LeFevere. it would be access to the iake which is associat- in deciding whether the variance re- LeFevere advised against the LMCD becoming involved in determining the property rights of Revier and the Runkles. Those rights should be determined by a court of 1 aw. An additional letter with attachments furnished by Runkle, dated S/13/93, was received by the committee at this meeting. Babcock said the submittals will take some time to review. Bab­ cock also noted LeFevere’s request for more time to complete his review. Revier responded to a question from Cochran, stating the house on his lot will be completed in October. Cochran suggested the committee could delay action for more study. Babcock said he wo uld like some discussion at this time because all parties concerned were present. The discussion resulted in the following additional informa- t i on : .1, * Revier estimates his shoreline at 28’. He agreed to hav'e a survey to determine more precisely the shoreline frontage at 929.4" OHWL. Babcock told Revier the committee wiI 1^ consider a dock length to reach 4’ of water depth from the 929.4’ level. WATER STRUCTURES COMMITTEE August 14, 1993 based R e V i e r said he would wont to on dock shared with Amundson. proceed with the variance far out a shared dock can no when one 50’. Can they be combined for an SO’ would be the authcrized dock length as ne'ghbors to waive the common setback an opinion from LcFevere if that Foster asked how lot is 30’ and the other dock? Thibault said 50’ the Code only allows the r ecju i remen t . Babcock would like becomes an issue. * Runkle said he believes there is adequate room for a shared dock on Amundson’s property (Lot B) without a variance. He showed an overhead projection of the area. Runkle belie v'es that any problems regarding dock rights lie within R.L.S.115 which includes the Revier. Amundson and Kauffmann properties. Runkle said it is possible to construct a dock entirely within R L.S. 115. Babcock noted the property was originally platted when the lake level was below 929.4’ and therefore some of the lots were platted to include land that is now under water. The ownership of the property platted below the 929.4’ shoreline is questionable and may only be determined by the courts. R. Kauffmann, 2696 Ethel Avenue, owner of the property south of the Amundson property, said his attorney advises the State of Minnesota owns the property under the water. He be­ lieves, if Runkle wants to prove anything different, it should be adjudicated in court. He is agreeable to Revier and Amundson sharing a dock if it can be constructed so as not to interfeie with anvone else. He agreed with the LMCD staff recommendation as prepared by Thibault and included in the staff packet. * Runkle does not agree with the LMCD staff recommendation. He believes the matter of dockage was settled in 1 956 when the property was platted by giving Revier dockage rights over the Amundson property. ..... r * Reese said he believes there is a possibility of compro­ mise. He believes the proposal is reasonable, but recommended drawing a dock location in the area defined on the staff recom- mendat ion . i ^MOTION: Cochran moved. Reese seconded, to have the applicant work with staff and the other parties invol’^ed, to draw the dock and boat locations in the dock use area defined on the stall recommei.dat ion, staying as far away from the north line as F^ossi- ble. The application is to be held over to the next committee meeting for an expanded opinion from LeFevere. DISCUSSION: Babcock asked Revier and Amundson if theie was a limitation on boat size that they would consider acceptable. Revier and Amundson said they have 25’ and 21’ boats, respective­ ly. Kauffmann said he would have to move his dock further soutn. He believes the angle could be modified to some extent. Cochran asked for the shoreline frontage on the Kauffriun and Runkle properties. Kauffmann .said he has approximately and Runkles’ have approximately 110’. Mrs. Runkle asked for consideration of suggested the Runkle proposal be overlayed on the staff propose to show the area of disagreement. Any new material - continued 1 s A WATER STRUCTURES COMMITTEE August 14, 1993 submitted to staff at least S days before the next committee meeting. VOTE: Motion carried unanimously. 2. Louis and Judith Cosentino, 20640 Linwood Road, Deephaven. were 2 of dock The Public Hearing report and findings from 7/28/93 submitted to the committee. There is a correction on page the report, paragraph 7. The sentence sho-ld read "At a length of 100’ he shows 51" of water depth." Cosentino said his request is not for a .,00 dock. He is asking for a dock over 100’ long to accommodate a 46’ cruiser with a 40" draft. Cosentino objects to what he consio^rs selec­ tive enforcement of the LMCD rules as there are other neighboring docks out further than 100’. When he purchased his property the neighboring docks were out as much as 300’ and he did not realize those were temporarv low water extensions. As a result he put his dock in at the same length as it was in past years. 240 . His specific complaints wei e that the Murphy property has 55’ of shoreline and a 100’ dock. The Carisch property has 45 of shoreline with a 110 dock. r ■ u • tn Babcock reviewed the Code allowance for length variances reach 4* depth, and the need for a hardship to be shown before granting a variance. In this case, he said, the hardship results from the applicant having a boat larger than what can be accommo­ dated at this location. It is the policy of the District to act on complaints, and in this case complaints have been received on the extreme length of the dock. Cosent mo said he a I ready moved his dock over this spring when his iieigiibui objected to the setback, but the length was not ment ioned. v Foster observed that the 240’ length with a canopy was extreme in the view of the neighbors after they had moved thei. docks back in from the low water years. • u ., «■« oat Babcock said the question before the committee is how to get Cosentino into compliance, considering the 4 depth mmn I v variances. The neighbors should also be required compl>^ Foster said letters should be written to the neighbors who are in violation and they should bring their docks back into their dock U ^5 Babcock said the LMCD Code was designed to put constraints on large boat storage in that the depth of the water should be a constraint on the size of a boat docked at any code- prevonls large boats fron, ^aMons the tino responded that there are many 1 ocations same situation as his. Babcock said perhaps should be made to determine if the 4’ water appropriate. The 4’ water depth allowance MnDNR rule. Reese said perhaps there should be stored at a marina. Cochran the docks which are out more than 100 shallow water situation. Cosentino said he does not object everyone else has a 100’ dock. He is i s a The en- on the Lake in the a lake-wide survey depth/100’ dock is is the same as the point where a boat said he believes most of are there because of a to having willing to a 100’ dock if come back with an application lor that length for next year with the understand­ ing he can put on an extra section if the water depth is less t han 4’. Foster said he believes the LMCD Code regarding dock lengths is wrong because it is not consistent with what is happening all around the Lake. He said, when looking at a 4’ depth, that is not water generally used by the public. Markus arrived. MOTION; Cochran moved, Reese seconded, to recommend that the Board deny the variance request of Louis Cosentino for a 200’ dock and to allow the applicant 90 days to come in compliance with the Code. VOTE: Motion carried, Markus abstaining. Mrs. Cosentino asked if a request for a 150’ dock would save them the problem of re-applying next year. Foster said he ques­ tioned whether any variance could be granted unless there was a low water year. Babcock said it would be up to the Cosentinos to decide what kind of a variance application they want to make for next year. Babcock added that Cosentino will have to prove hardship in any other variance application. Cosentino is to confer with the LMCD staff in making another application. The committee discussed other ways of determining dock lengths. There was a suggestion from Foster that dock length be allowed to 925.4’ lake bottom elevation to give the 4’ depth from the OHWL. Foster also suggested limiting the size of boats stored at private property. Babcock said there are certain lots on the lake which do accommodate boats of a lies i red size. Cochran was excused. 3. Stocks Side Setback Variance, Mound, Halsteds Bay Babcock reviewed the Board approval of the Findings and Order to allow Thomas and Roma Stocks, 3032 Highview Lane, Mound, a variance for 5’ setbacks, restricting the length to one 40’ stick dock with no canopy, for one restricted watercraft with a maximum 7’ beam, to stay within the dock use area. Babcock said, earlier this week the question of the 7’ boat width limitation was raised by the Stocks. Babcock said he does not believe the committee should second guess the action of the Board. He would prefer the question go directly to the Board, to either reconsider or amend the Order. He said the Board could either send it back to the committee or change the Order. Foster asked why the District specified boat and dock widths. He said the committee action on the Revier variance application was to locate a dock within a dock use area without any reference to limiting the size of the boats on the dock. Mr. and Mrs. S'oeks said their application was only for a waiver of the 10’ setback to 5’. Stocks said their survey shows they have 21.9’ of shoreline rather than the 20’ on which the variance was predicated. This would allow them to store an 8’ wide boa t. WATER STRUCTURES COMMITTEE August 14, 1993 Babcock said it is possible they should not store anything larger than a 7’ boat on the dock. The variance gave the Stocks the right to have access for a minimal lakeshore. MOTION; Foster moved. Reese seconded. that the committee recom­ mend the board amend the variance Order to change the limit to 5’ side setbacks and eliminate the mention of the boat and dock width. DISCUSSION: Babcock said he could not support the motion because any action to overturn an Order should be initiated by the Board. Reese said he does not remember any discussion of a 7’ boat width at the Public Hearing. He believes there is an error in the Findings and the District has created a hardship for the Stocks. Reese said the District should not design docks or specify boat sizes* VOTE: Foster and Reese voted aye. Babcock and Markus voted nay. Motion failed. Babcock asked that the item be placed on the Board agenda at the request of the Stocks. Markus mentioned the possibility of the Board reconsidering the variance request and the variance being denied. Babcock said he will entertain a motion from the Board at the ne.xt Board meeting, to consider amending the Order. It is his belief that will require a 2/3 vote from the Board. Mrs. Stocks said there should be some rule that real estate people are accountable for giving information regarding LMCD rules. She also questioned why she and her husband were not informed in 1987 of a complaint about the dock on the properly. The previous owner was no I i 1 i eil by the LMCD i n s I e ail o f I hc .Stocks. With that knowledge they would have been in a different position as to the price of the property. 4. Dean’s Greenwood Marina, St. Albans Bay. Greenwood Thibault reported an inspection showed that the owner of Bean’s Greenwood Marina, James Bean, moved several tie-ons their approved position to a position more convenient to him. Bean submitted an application to relocate the slips. This in- cludesoneoutsideofthelOO’ length. MOTION; Babcock moved, Markus seconded, to recommend to tbe Board denial of James Dean’s application for relocation of slips at the Bean’s Greenwood Marina Multiple Dock because he has movec boats outside of the 100’ limitation. VOTE: Motion carried. Foster voting nay. 5. Adjournment Babcock declared tlie meeting adjourned at 10:00 AM. FOR THE COMMITTEE: Eugene Strommen, E.xecutivc Director Douglas Babcock, Chair DRAFT Act ion Report: Meeting; LAKI-: MINNETONKA CONSERVATION DISTRICT Lake Use aiul Recreation Committee 5:30 PM., Monday, August 16. 1993 Norwest Bank Building. Wayzata. LMCD Office Members Present: Bert Foster. Chair. Deephaven: Robert Rascop, Shorewood; Thomas Reese. Mound. Also present: Rachel Thibault. Administrative Technician; Eugene Strommen, E.xecutive Director. 1. Evaluation of High Water Emergency Program Reese reported on his e.xperiences riding with the Water Patrol on Friday, August 6, 1993. He found the Water Patrol to be very professional and recommends the e.xperience to other Board members. He stated the deputies he rode with made about 12 stops tor various reasons. They asked the boaters if they were familiar with the Minimum Wake law and distributed information. One Yvas issued to the operator of a ski boat going full throt tie the length of a Minimum Wake bay. The operator said he was not familiar with the law, despite obvious signage at the en­ trance of the bay. . Reese observed a drug bust on Boy Scout Island. The watei Patrol and Hennepin Park Rangers cooperated in the investigation. A complaint was received about a chain saw being used on the island. Investigation showed four juveniles were partying. When the Water Patrol approached the juveniles threw what appeared from the smoke odor to be marijuana into the fire. were no arrests. Reese said he found it interesting to watch how it was handled. r • , i,...Reese said the Water Patrol is not happy about enforcing the Minimum Wake zone. Reese said there was one stop for a boat that was not snow­ ing a stern light. The boat was difficult to see but was noticed because of the careful observance of the deputy operating the patrol boat. Reese said he was out from 6:30 PM to 10:30 PM. Rascop said he has had a number of calls commending the L.ICD for the Minimum Wake ordinance. He met one individual ^>^0 negative remarks. That party thought the ordinance is foolish. The executive director said the LMCD office has receive mostly positive remarks. He said he is amazed how man> peop e are water skiing and towing persons in the main lake in lieu oi the bays now posted minimum wake. Thibault said Board member Johnstone reported there are man boaters not observing the restriction in Grays /r>nka of Carsons Bay has reported to the office t ha t t he M i nnetonka Yacht Club boat used to ferry people to the Island in Carsons Ba e.xceeds speed limits in the bay. Foster pointed ^c,,hH 1-4. a designated quiet water bay. (.See Ordinance Sec. 3.0-. re speeds and wakes.) 600 LAKE USE AND RECREATION COMMITTEE August 16, 1993 Mark Breneinan. North Shore Drive Marina, said he was present to voice a complaint about the publicity as reported in the SAILOR and LAKER. His customers gained the impression that the He i s news-has called the Minimum Wake. for a stern light on a light on the top of most of the Lake was declared No Wake, papers to tell them only 20% of the Lakf* Breneman commented on the requirements a boat. He believes sail boats should have the mast. Foster said that is not required. Breneman did not agree with Foster. Foster said he will research the point. (LMCD Code does not specify a position for the white light on saiIboats. ) lA. Long Term Control of Large Wakes The executive director and Thibault commented on the heavy wakes produced by various boats in the open areas, particularly boats passing in close proximity to another while producing substantial wakes - often within 50’. Reese said there is a lack of common courtesy among boaters. He would like to see a booklet on boating courtesy. The executive director said a booklet or pamphlet would be a first step to considering legislation to require that operators of boats be licensed. Rascop suggested getting input from the marina owners and from the Power .Squadron. Breneman said he would favor such a publication and it could be distributed through the marinas and at boater gathering spots. Foster said another method of control 1ing wakes would be to keep the channel buoys out further as is being done during the high water emergency. Reese suggested the committee put together a manual on boater courtesy, using Save the Lake funds to cover printing costs. Foster suggested inviting a representative from the Power Squadron to the next committee meeting for input. 2. Decibel Level Ordinance MOTION: Rascop moved, Reese seconded, to recommend the Board move approval of the second reading of the decibel level ordi­ nance amendment changing the limit to SO decibels. DISCUSSION: The executive director suggested a review of Attor­ ney LeFevere’s comments on the amendment. Foster believes they have been taken into consideration by the Board. Reese said Officer LaBatt said the fines for noise viola­ tions are not sufficient compared to the cost of modif>ing a boat. Rascop said the District has tried in the past to get specific fines written into the ordinance but the courts do not support this. VOTE: Motion carried unanimously. 3. Critique of the Public Officials Lake Tour Foster said he thought the tour was well done. LAKE USE AND RECREATION COMMITTEE August 16, 1993 The executive director said some of the invitees have fixed plans which conflict with the first Saturday in August. He suggested rotating the date for the tour each year. MOTION: Foster moved. Rascop seconded, to recommend moving the date of the Public Officials Lake Tour back one week in 1994. VOTE: Motion carried unanimously. The executive director said this year there were fewer "no shows" than in the past, six total compared to \2 to 15 other years 4. Special Event Deposit Refund MOTION: Rascop moved. Reese seconded, to recommend the deposit refund of $100 to the Westonka MDA Bass Tournament, 7/25/93. VOTE: Motion carried unan iirous 1 y . 5. Water Patrol Report A. Monthly Activity Report The executive director said the Water Patrol has not submit­ ted an activity report. He anticipates having a report for the Board meeting. 6. Adjournment The meeting was adjourned at 6:30 PM FOR THE COMMITTEE Eugene Strommen. E.xecutive Director Bert Foster, Chair L LAKE MINNETONKA CONSERVATION DISTRICT Administrative Subcommittee Report Meeting of August 3, 1993 TO:Administrative Committee FROM:Subcommittee Chair Bill Johnstone Executive Director Gene Strommen PURPOSE. Consider possible changes in LMCD's structure, organization, operations and funding, reaching agreement witn the Administrative Committee for subsequent recommendation to the board on how to consider recommended changes. PROCESS Th' subcommittee recommends the Administrative STRUCTURE; * Board -- is it too large? -- can it be more efficient? — members parochial in representing interests of cities, other interest groups? — is accountability sufficient to cities, citizens? -- are important issues being addressed: . . those facina the lake? those identified in Management Plan. — are communications adequate to. . . cities? . . other constituents? City to have each a vote from each city on lake issues? -- should a board member solely represent a city council? , -- how much local city control is desireable in managing the lake? Board -- A smaller size will require a more ^ complicated selection process, basea upon some weighted condition of the city, le: amount of shoreline population taxable market value FUNDING: * Sources:(supplemental to city levy) lake users:boaters - public access, marinas, homes lakeshore frontage lock licensing upon special legisla iv approval f Fee Study Subcommittee Meeting Report "f. /i f. -1 ft* W. ^ % LAKE MINNETONKA CONSERVATION DISTRICT 4:00 PM, Tuesday, August 3, 1993 Tonka Bay Marina Club House 235 Tonka Bay Road, Tonka Bay PRESENT: Scott Carlson, LMCD Treasurer-Minnetrista; Bert Foster, LMCD-Deephaven; Paul Pedersen, Grays Bay Marina; Jerry Rockvam, Rockvam Boat Yards; Gabriel Jabbour, Tonka Bay >larina; Trent Rezabek, Tonka Bay Marina; Woody Love, Shorewood Yacht Club; Gene Strommen and Rachel Thibault, LMCD staff. STAFF REPORT ON TIME ACCOUNTING: Staff time accounting for multiple dock license related activities as a percent of the total activity for the months of June and July was reported as follows: June Gene Strommen Rachel Thibault 8% 35% July 8% 36% Jabbour asked if the MDRA costs would be calculated at this time. Carlson said that the understanding was that a full year's worth of time accounting would be done before the fees were evaluated. The license fees would not change for 1994. Strommen pointed out that it is necessary to consider costs above the amount of the time study for a litigation fee reserve for multiple docks. Gideon's Point Homeowners Association's recent new multiple dock license and variance applications were discussed as being handled as two separate applications for billing and time study purposes. MULTIPLE DOCK LICENSE INSPECTIONS: Thibault gave a overview of the multiple dock license inspections conducted as of the meeting date. *Over half the inspections have been conducted. *Most facilities are in compliance with their license. ♦Approximately 20% of multiple dock licensees had some form of license violation. The most common violations are boats being stored in unauthorized locations. ♦Personal watercraft are being stored inside large slips in excess of the boat storage units (BSU) allowed. Pedersen pointed out that the "envelope concept" which would allow boats to be stored anywhere within a dock use area would eliminate that type of boat storage violation. He said that the "envelope concept" is favored by the multiple docK licensees. J t . « % Fee Study Subcommittee, 8/3/93, Page 2 Carlson raised the question of whether or not in4p^c^iSn^^®^ should include dock safety. He suggested that minimum standards could be developed for dock construction, as well as gasoline and electricity on docks. Love said that he supports the envelope theory, but thinks that the safety issue could be a hornet's nest. The question was raised as to whether or not the LMCD should take responsibility for inspecting for safety. A qualified oerson would be required for this type of inspection. Rockvam suggested that dock inspections be turned over to the cities. Foster said that the LMCD inspections currently aren't for safety. The inspections are for compliance with the LMCD Code and the multiple dock license requirements. Strommen questioned how boat density would be regulated under the "envelope concept". The fee study subcommittee concensus was that the licensees would still be limited to their current licensed number of boats within the "envelope", but changes in configuration would be allowed without Board approval. Thibault pointed out that many marinas have non­ conforming grandfathered docks out beyond 100'. She asked how this would be affected by the "envelope concept"? The Water Structures committee intends to review this concept. RESIDENTIAL SLIP RENTAL: Concern about residents renting boat slips was raised. The multiple dock licensees feel that the allowance for two boats of any origin at a residential site is not fair. It was suggested that the LMLOA send a message to lake residents about the regulations for boat slip rentals at residential sites. Some lake cities have ordinances against renting slips at residential sites. It was suggested that other cities should adopt similar ot-.inances and enforce the ordinances prohibiting boat slip rentals. Foster asked how many docks were counted with 3 or more boats. Thibault said that last year there were about 200 docks total, four of .;hich were multiple docks with five or more slips that have since been licensed. The meeting adjourned at 6:30 PM, with no additional meeting set. 8/17/93 SEE OVERSIZE DOCUMENT(S) 1 I A ... SEE OVERSIZE DOCUMENT(S) "A 3 3 1