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01-11-1993 Council Packet
MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 11, 1993 ROLL The Council met on the above date with the following members present: Mayor Callahan, CounciImembers v'. Diann Goetten, Charles Kelley and JoEllen Hurr. Gabriel Jabbour was absent. The following represented the City staff: City Administrator Ron Moor se, Pub Iic Works Director John Gerhardson, Finance Director Tom Kuehn, City Clerk Dorothy Hal I in, Assistant Planning and Zoning Administrator Michael Gaffron, Police Chief Stephen Sullivan, City Attorneys Thomas Barrett and Kevin Staunton, City Engineer Glenn Cook and City Recorder Teri Naab. Charlie Schroeder was present to represent the Planning Commission. Mayor Callahan cal led the meeting to order at 7:30 P.M. OATH OF OFFICE Hal I in administered the Oath of Office to Mayor Edward CaI Iahan and CounciI members JoEllen Hurr and Charles Kelley. Mayor Callahan, on behalf of himself and the Council, offered condolences to Gabriel Jabbour upon the death of his father. Barrett introduced Kevin Staunton, an associate with Popham, Haik. Barrett explained Mr. Staunton, will be attending the Counci I meet ings in the future, but he will retain the positi on of I ead at torney. Maz-ir Callahan welcomed the new Council members and explained to the audience the Council does not intend any major changes in the coming years. He announced al I Counci i members are t'\ i I ing to discuss issues with all citizens. (i1) CONSENT AGENDA Mayor Cal'nhan added Item §10. It was l»y Hurr, seconded by Goetten, to approve the Consent Agenda as imended. Ayes 4, nays 0. Motions for all items adopted by consent agendi will be included In the minutes in their respective numerical order. (•2) APPROVAL OF MINUTES It was moved by Mayor Callahan, seconded by Goetten, to approve the minutes of the regular meeting of the Council held on Decemoer 14, 1992. Ayes 3, nay 0. Hurr aCsta<ned. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 11, 1993 LONG LAKE FIRE DEPARTMENT REPORT There was no report. PUBLIC COMMENTS Jimmie Holtz, owner of Jimmies Lounge, asked the Council to reconsider allowing bars to maintain cigarette vending machines. He stated the change in this ordinance ic a hardship to him. He added people must be 21 to drink in a bar, and therefore the chance of a sale of cigarettes to minors is less likely to happen. Mayor Callahan felt It would be appropriate for the City Administrator and Chief of Police to review the reasons and discussion regarding the change in the ordinance. Goetten felt they should not consider changing the ordinance because of health consequences. She reported due to the sting operation by the Orono Pol ice Department, the Long Lake Counci I has abolished the sale of cigarettes. Kelley stated he would consider the request. Hurr said due to the fact that underaged peoo.« do not frequent an establishment such as Mr. Holtz’s, the Council should consider the request. Mayor Callahan directed the City Administrator and Police Chief to review the background of the change in the ordinance and make a recommendation to the Council. Hurr asked that the Council be provided with a copy of the past and current o dinance. ZONING ADMINISTRATOR’S REPORT (#3) §1674 AUSTIN EVANS, 255 LANDMARK DRIVE - FINAL PLAT - RESOLUTION #3222 Austin Evans was present. Gaffron explained the applicant has mat preliminary plat approval, and will pay prior to the filing of the plat. all the requirements of the park dedication fee It was moved by Hurr, seconded by Goetten, to adopt Resolution •3222, Application #1674, Austin Evans, 255 Landmark Drive, approving the plat of Bayside Landing Second Addition. Ayes 4, nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 11, 1993 (#4) #1778/#1779 ANDREW GOETTEN, 1385 FOX STREET - PRELIMINARY PLAT APPROVAL/VARIANCE RESOLUTIONS «3223 & #3224 Paul Anderson, applicant’s attorney, was present. J. Diann Goetten abstained from discussion of this item and left the Council Chambers. Gaffron explained the applicant has requested a revision of tne preliminary plat, eliminating the need for a side setback variance for the existing garage on Lot 2 by moving the lot line westward and combining the riparian outlot with Lot 1 to maintain the 2 acres for the newly created lot. However, because the outlot acreage Is not contiguous with the main parcel, use of it as credit toward the 2 acre area requirement in itself requir3s a variance. Anderson explained his client requests this revision to allow for more flexibility with respect to the lot line between Lots 1 and 2. This would also allow for an option to move the garage if the existing road were to be expanded. Mayor Callahan asked the degree of change In the lot line. Gaffron noted it would be moved approximately .23 acre, the exact amount of acreage In the outlot less the right-of-way for Orono Lane. Kelley reiterated the Planning Commission denied this application and felt the property should be rezoned. He stated he would maintain that position. Hurr felt there was value in tying the outlot with another lot so it would not be sold later as riparian access without a principal structure. Kelley stated Lot 1 should have 2 acres without the benefit of the out lot. Anderson felt the precedent setting issue Is minimal in this situatIon. Hurr stated the City made a commitment to the Goettens 10 years ago, and she felt they should uphold that commitment. Gaffron noted a special lot outlot were combined with neighboring property. combination would be required if the either Lot 1 or 2 or sold to any MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 11, 1993 ZONING FILES »1778/#1779 - CONT. It was moved by Hurr, seconded by Mayor Callahan, to adopt Resolution #3223 for App-I icaticn #1 778 for Andrew Goetten, 1385 Fox Street, to grant a lot area variance for the subdivision of the property Into two buildings lots, and amending the resolution to allow the outlot to be combined with Lot 1 and to be used as area credit and allowing the lot line be moved westward as proposed. Mayor Callahan’ suggested In the second Whereas paragraph, eliminate "one of which. . ." and replace it with the following: "pursuant to the provisions of Resolution #1178 in order to carry out the purpose and the intention thereof". He suggested al I the findings on Pages 3, 4, 5, and 6 be eliminated due to the fact that the Council is approving this variance based on a past contract, not on the basis of a hardship. Hurr accepted the amendment. Ayes 2, nays 1 . Kel ley voted nay because he felt the property should be rezoned. It was moved by Mayor Callahan, seconded by Hurr, to adopt Resolution #3224 for AppIIcation #1779 for Andrew Goetten, 1385 Fox Street, granting preliminary approval of the plat as presented, subject to the revised lot line location. Gaffron reviewed that Conditions #3, 10, and 11 will need to be aunended to reflect the current proposal. Vote: Ayes 2, nays 1. Kelley voted nay. (#6) JOINT USE DOCK LICENSE - QAQE/NELSON/CARLSON RESOLUTION #3225 Robert Bauer, Attorney for the applicants, was present. It was moved by Hurr, seconded by Kelley, to adopt Resolution #3225 approving a 1993 Joint Use Dock License for owners of property located at 460 lonkawa Road, 500 Tonkawa Road and 550 Tonkawa Road. Ayes 3, nays 0. Goetten was out of the room at this time. (#6) SET LAKE USE COMMITTEE MEETING DATE This item was deferred. (#7) SHORELAND FLEXIBILITY REQUEST - CITY OF MINNETONKA Mayor Callahan explained the Council has sent a similar to all cities requesting flexibility with the exception of Mound and Minnetonka. Goetten and Hurr are drafting a response to Mound. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 11, 1993 SHORELAND FLEXIBILITY REQUEST - CONT. It was moved by Hurr, seconded by Kelley, to direct staff to draft a response to the f I ex.i-b i I I ty request of the City of Minnetonka. Ayes 4, nays 0. MAYOR/COUNCIL REPORT A) Mayor Callahan reported he attended a breakfast hosted by the LMCD for the 14 mayors, a; which they explained accomplishments, the forthcoming budget, the Lake Access Task Force, and the miIfoiI problem and the difficulties encountered in the remedies. B) Mayor Callahan referred to a letter from the City of Minnetonka concerning Hennepin County’s groundwater plan. Moorse stated he has solicited comments from surrounding communities. The larger cities seem to feel this is a duplication of efforts and have relayed their concern to Hennepin County, who will be revisiting the issue and Its implementation at an upcoming meeting. Mayor Callahan suggested staff further study the matter. He f the City should make Its feelings known. He noted staff has t. monitoring the situation as Steve Weckman has attending tne relevant meetings. He asked that the report by Weckman be recirculated to the Council members. C) Mayor Callahan referred to the letter from Tonka Bay regarding the Metropolitan Waste Control Commission. He felt the City of Orono was experiencing somewhat similar concerns and the matter should be considered during a work session. Moorse reported the larger portion of the increase is related to the estimation of flow. He noted during the 1980s it was very dry, blit since the increase in rain fall, there has been an ‘ncrease In infiltration and inflow. He said he would provide additional information to the Council to be discussed at a work session. (•8) PARK COMMISSION LIAISON SCHEDULE There was no action taken on this issue. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 11, 1993 ENGINEER’S REQUEST (#9) PREPARATION OF PLANS & SPECIFICATIONS FOR OLD CRYSTAL BAY ROAD BIKE TRAIL - RESOLUTION #3226 said tnis vegetation acts as a buffer between the road and the residentiai property. He urged them to negotiate with the Dickeys and the properties owners north of Watertown Road to preserve as much of the existing vegetation as possible. Cook noted Hennepin Parks has planned as part of their cost of the project to provide plantings. He stated the areas to be removed are not very good quality trees. Gerhardson noted replacement trees wiI I he shown on the plans. Kelley suggested beginning the trail at the DNR property at Willow Drive and the Luce Line and wind northward through the wooded area owned by the DNR. Mayor Callahan stated he hopes it is not too late to give credence to what Kelley is suggesting. Road trail project. Ayes 4, nays 0. («#10) PAY REQUEST #1 FINAL - TOPOGRAPHIC MAPPING It was movad by Hurr, saconded by Goett.n, to authorize paymant to Horizons, Inc. in the amount of $43,265.00 tor topograpnie mapping services. Ayes 4, nays 0. CITY ADMINISTRATOR’S REPORT (#11) 1993 APPOINTMENTS - RESOLUTION :r?;p?a‘j:n’ra‘t"ivvr’r uic’s: ‘n-a’ :“uS;:^a“d•;!;rtTt'=tn.“cit7"o7’ornVra n?t H^'d I rictaS ‘tVa^rt ;°At "o'rn'a'y’Vo* pVov I dV an’^’p I n , oV ‘on tr, i a mat tar! Kuehn asked If he should withhold payment of the first quarter fee. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 11, 1993 1993 APPOINTMENTS - CONT. Mayor Callahan stated he hesitates to do so. Hurr suggested that the Attorney’s opinion oe provided to the Council by the January 25th meeting, and payment to the LMCD be withheld until that time. Mayor Callahan asked that the legal counsel retain until a contract is negotiated, and suggested appointment at this time. its position tab I i ng tlie Mayor Callahan inquired about the Building Code Board of Appeals. Gaffron explained this group meets as necessary and reacts to challenges by an owner or builder regarding the State Building Code. It was moved by Mayor Callahan, seconded by Goetten, to approve alI appointments on Page 1 of the proposed resolution with the exception of the representative to the LMCD and all legal counsel. Ayes 4, nays 0. Mayor Callaiian suggested the City advertise for volunteers for the West Tonka Senior Citizens and the West Hennepin Human Services Planning Board. Mayor CalJahan asned that Moorse provide the Council with more information on the Building Code Board of Appeals. He asked the responsibility of the Development Committee. Moorse said he assumed the committee was responsible for the economic activities of tn? City. It was moved by Mayor Callahan, seconded by Hurr, to abol1sh the Development Committee. Ayes 4, nays 0. It was moved by Mayor Callahan, seconded by Hurr, to appoint Ron Moorse and Stephen Sullivan to the Hennepin Emergency Commun i cat i or.s Organ i zat i on, and Stephen Sullivan to the North Tonka Crinie prevention. Ayes 4, nays 0. Mayor Callahan asked Moorse to contact Barbara Peterson to inquire If elie still wishes to oe on the North Tonka Crime Prevention C'^.iimittee. He asked if the Highway 12 Committees are still needed. Goetten felt, since MnOot has anolished those committees, the City could do the same. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 11, 1993 1993 APPOINTMENTS - CONT. Moorse stated when the EIS report be back in operation. is issued, those corr,mi ttees wili Mayor Caliahan suggested waiting until the need appointments to those committees. arises to make Mayor Callahan felt the HRA should designate its own vice-chair, but recommended appointing current Council to the HRA. He felt they should not appoint anyone new to the Lake Use Committee, but hoped those on the committee would continue. Mayor Callahan inquired if there are competitors for the off.cial newspaper position, he asked staff to review the publication costs of a dally publica;ion versus a weekly publication. He felt for the time being, they should appoint the Lake and Pioneer as the official newspaper. It was moved by Mayor Callahan, seconded by Hurr, to appoint the official newspaper and official depositories/investment vendors as listed In the proposed resolution. Ayes 4, nays 0. It was moved by Mayor Callahan, seconded by Goetten, to terminate the appointment of Gabriel Jabbour to the LMCD Lake Access Task Force and Ron Moorse as alternate. Ayes 4, nays 0. It was moved by Mayor Callahan, seconded by Hurr, to appoint Charles Kelley as the representative to the Long Lake Fire Department Joint Commission. Ayes 4, nays 0. (»12) ORDINANCE AMENDMENT - PARK COMMISSION MEMBERS ORDINANCE •_, SECOND SERIES It was moved by Mayor Callahan, seconded by Goetten, to adopt Ordinance Second Series, amending Orono Section 2.52, Subdivision 1, changing the membership of the Park Commission from eight to seven members. Ayes 4, nays 0. (•13) ESTABLISH 1993 BOARD OF REVIEW DATE Mayor Callahan directed staff to review alternate dates and report back to him. 8 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 11, 1993 (#14) DEMOLITION COSTS OLD FACILITIES - CRYSTAL BAY Moorse explained these are estimated quotes to demolition the existing buildings at the former City facility site. Gerhardson noted John Schoening would provide the equipment and operator and Blackowiak would provide the container and access to the landfill. He stated the prices are lower due to the time of year. He noted the West Hennepin Historical Society has expressed interest in using the Council Chambers and has suggested moving it to the City property on Old Crystal Bay Road. Kelley said he has discussed the buildings at the Crystal Bay site with a neighbor who has expressed concern that the lumber building be removed immediately because of safety reasons. The neighbor has Indicated the neighborhood residents are trying to formulate a plan for the land and will be presenting their thoughts to the Council in the near future. Hurr suggested the Historical Society may wish to move their existing building near the Council Chambers if Highway 12 Is widened in its present location. It was moved by Mayor Callahan, seconded by Hurr, to authorize Staff to remove the existing lumber building as soon as possible, at the cost presented or lower. Ayes 4, nays 0. Hurr suggested that the wood from the lumber building may not be desirable as wood chips due to the paint and nails. She suggested staff consider disposal in a landfill. (#15) ANNUAL PURCHASE OF NEW SQUAD CARS Sullivan submitted additional informat ion to the CounciI regard Ing the purchase. He noted the cars to be replaced have very high mileage which increases maintenance costs and becomes a safety factor for the patrol men. He noted the costs presented are very similar to those of last year. Hurr asked how the excess funds from the sale of the vehicles will be used. Sullivan indicated the excess funds will be used for equipment for the now cars and the change over cost of existing equipment. Moorse stated the Department wiI necessary. only use funds that are MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 11, 1993 ANNUAL PURCHASE OF NEW SQUAD CARS - CONT. It was moved by Kelley, seconded by Mayor Callahan, to authorize the purchase of three squad cars as budgeted with the bid award under the State of Minnesota Contract #M5179 to Superior Ford for the 1993 Ford Crown Victoria at a total purchase price of $40,896. The 1993 budget amount of $*+0,000 includes the estimated credit of $10,500 from the sale of three used squads, the change over costs and certain replacement equipments. Ayes 4, nays 0. (#16) OrtONO SCHOOL LIAISON OFFICER Sullivan explained this program is being proposed to provide a better, more positive communication with the youth of the Community. He felt the program will try to help shape youth Into responsible adults. He stated the School District is allowed to fund this type of program through special levies. He recommends the establishment of a special committee to establish an appropriate school liaison program. Goetten asked how this will affect the Orono budget If is provided to work at the school. an officer Sullivan explained the department will Increase in size due to the program, but the total cost of that officer will be funded through the School District, including any cost necessary if the program were terminated. Mayor Callahan noted the intent of the Council to review all departments of the City. He felt it would be premature to go forward with this program prior to that review. Sul Iivan stated he is only asking the Counci I to participate in the needs assessment dialogue committee, which does not mean they are endorsing the program. He added, the officer In charge could also do necessary work on campus at the same time. Mayor Callahan stated he was not prepared to make any type of commitment with regard to the program until the department was rev Iewed. Goetten suppo»‘ted the goals of the Department, but wished to postpone her decision. Sullivan asked how they could decide they did not want something if they did not know what that program was about. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 11, 1993 SCHOOL LIAISON OFFICER - CONT. It was moved by Hurr, seconaed by Goetten, to table any consideration of establishing a school liaison officer program until a future date. Ayes 4, nays 0. to Council on the (#17) NEW CITY FACILITIES BUDGET UPDATE Moorse reviewed the three tables presented updated budget for the City facilities. Hurr questioned the legal fees. Kuehn explained the legal cost in conjunction with the land was approximately $8,000, legal fees related to the construction manager’s contract was $9,000, and approximately $3,200 was spent on title work and clearing up claims against the property. Hurr felt the legal fees involved with the construction manager’s contract were excessive. Moorse explained the actual fee paid to Kraus Anderson is approximately $209,000, incIuding over-aI I fee, reimburseables, and general expenses. Mayor Callahan stated a considerable amount of time wa. spent on the contract. Hurr inquired about the engineering fee for the frontage road. Cook stated approximately $17,500 was billed for work on the frontage road, the remainder of the bill was for work on the storm seer or the sewer and water installation. Mayor Callahan suggested staff C'tinue to review the Attorney’s fees. (#18) FACILITIES CHANGE ORDERS Hurr asked if the contractors were going ahead with the stucco work. Gerhardson noted that work Is on hold until spring. Mayor Callahan referred to Change Order #8-2 explained in the memo. He felt the City should not be responsible for this delay or the costs related to such. MINUTES OF THE REGULAR OROMO COUNCU. MEETINGHELD JANUARY 11, 1993 FACILITIES CHANGE ORDERS - CONT. It was a.ov.d by Mayor Cal lahan. J”"nays o"*Change orders explained In the memo dated 1/7/93. Ayes 4. nay (i19) FUTURE WORK SESSION TOPICS I n I a?rat'o*r ‘rnd be® a®Vl*a3 so3*to ^'he Colne M' 3.emSer = City (*#20) LICENSES It was moved by Hurt , seconded by Goetten, iicenses: to approve the following Residential Kennel Licenses; Branch RoadJane Kline/Steven Bell, 4455 West eranen noa Willi I'oyer 4 H. Zohara, 565 Hanlon Avenue Maxwell E. Alvord, 960 North Brown Road Off-Sale Non-Intoxicating ^ wavzata BlvdWilliam W. wear, Orono Self Service, 2160 Wayrata bivg Ayes 4, nays 0. (*•21) BILLS It was moved by Hurr, seconded by Goetten, the All Funds Account. Ayes 4, nays 0. to approve payment of AOJOURNHENT Mayor Callahan adjourned th. ragular Orono Clty counc11 maatln* at 10:25 p.m. to Executive Session. Ayes 4, nays 0. ATTl! ;T : / / { j'l-*-—i— - - - -— Edward J. Caj/Tahan, Jr., May^F^ I I in. City Clerk AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JANUARY 11, 1993, 7:30 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA (*) AsLerisk items are considered to be routine items to be en.>cted upon by or.e motion by the City Council under the Consent Item* on the 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 OATH OF OFFICE 1. CONSENT AGENDA* APPROVAL OF MINUTES 2. Regular Meeting of December 14, 1992 LONG LAKE FIRE DEPARTMENT REPORT PUBLIC COMMENTS > (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR'S REPORT *• APPLICANTS Immediately after the Council has reviewed your application please sign the three (3; originax resolutions at the Recorder's desk. Applicants need not execute resolutions for subdivisions, vacations and denials. ■ Final Plat Resolution, 255 Landmark Drive - Preliminary Plat 3. #1764 Austin Evans Resolution 4. #1778/#1779 Andrew Goetten, 1385 Fox Street Approval/Variance - Resolutions 5. Joint Use Dock License - Gage/Nelson/Carlson 6. Set Lake Use Committee ’^‘^eting Date 7. Shoreland Flexibility Request - City of MinnetonKa MAYCR/COUNCIL REPORT S. Park Commission Liaison Schedule o£ Plans and Spans for Old Crystal Bay Road Bike Trail lo. Pay R'^quest #1 Final - Topographic Mapping CITY ADMINISTRATOR'S REPORT 11 1993 Appointments - Resolution 12. Ordinance A.mendment - Park Commission Members 1). Establish 1993 Board of Review Date 14. Demolition Costs Old Facilities - Crystal Bay 15. Annual Purchase of New Squad Cars 16. Orono School Liaison Officer AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JANUARY 11, 1993, 7:30 P.M. ORONO COUNCIL CHAMBERS, 2780 KELLEY PARKWAY, ORONO, MINNESOTA CITY ADMINISTRATOR'S REPORT Continued 17. New City Facilities Budget Update 18. Facilities Change Orders 19. Future Work Session Topics CITY ATTORNEY'S REPORT LICENSES (20*) »(21*) ADJOURNMENT INFORMATION ITEMS INCLUDED IN COUNCIL PACKET UPCOMING ISSUES AND EVENTS 01/11 Council Meeting 7:30 p.tn. 01/18 Monday Holiday - Martin Luther King Jr's Birthday Observance 01/19 Planning Commission Meeting 7:00 p.n. Tuesday 01/27 Council Meeting 7:30 p.m. 02/01 Park Commission Meeting 7:00 p.m. 02/08 Council Meeting 7:30 p.m. 02/15 Monday Holiday - Presidents' Day 02/16 Planning Commission Meeting 7:00 p.m. Tuesday 02/22 Council Meeting 7:30 p.m. t* P/- J.i/'ud' ~j h (‘o .■'Cl/ / ' r"' 'J 4*^/: X.. I,W~f ^ / V /<■•/ .'■^ i c//2->/«».'- • /l'.^'- /s c ,L.. -J -I 1 -i ) ! X .i J ‘‘■'f ' MINUTES OF THE HELD ROLL '^L REGULAR ORONO COUNCIL MEETI^ . DECEMBER 14, J992 » a The Council met on the above date with the following members present: Mayor Peterson, CouncMmembers J. DIann Goetten, Gabriel Jabbour, Edward Cal Iahan and Mary Butler. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Finance Director Tom Kuehn, Building and Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, Pol ice Chief Stephen Sul Iivan, City Attorney Thomas Barrett, City Engineer Glenn Cook and City Recorder Teri Naab. Stephen Peterson was present to represent the Planning Commission. Mayor Peterson called the meeting to order at 7:00 P.M. (#1) CONSENT AGENDA Jabbour added Items #14, 15, and 16, and removed Item #33. Callahan removed Items #23, 24, 25, 28, 29 and 38. Butler added Items #19 and 20. Mayor Peterson removed Item #35. It was moved by Jabbour, seconded by Goetten, to approve the Consent Agenda as amended. Ayes 5, nays 0. Motions for all I terns adopted by consent agenda will be included In the minutes in their respective numerical order. (*«2, 3*4) APPROVAL OF MINUTES It was moved by Jabbour, seconded by Goetten, to approve the minutes of the regular meeting of the Council held on November 23, 1992; the minutes of the Truth in Taxation Meeting of December 1, 1992; and the Special Meeting of December 1, 1992. Ayes 5, nays 0. PARK COMMISSION COMMENTS There was no report. LONG LAKE FIRE DEPARTMENT REPORT There was no report. PUBLIC COMMENTS Frank St.Lawrence, 250 Cygnet Place, stated the new facility was great and thanked the Council for all Its efforts. 1 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 PUBLIC COMMENTS - CONT. Mayor Peterson thanked Mark Bernhardson for his efforts regarding the facility. She introduced Shirley Bonine, Hennepin County Parks Comm Issioner. ZONING ADMINISTRATOR’S REPORT (#5) ORDINANCE REVISION - BUSINESS & JOINT USE OF LAKE FACILITIES ~ SECTION 5.42 (REVISED), SECTION 5.43 (ADD) Gaffron explained he drafted an amendment to the ordinance p^r the Lake Use Committee’s recommendations separating the joint use dock license from the marina business license section. It was later suggested by Callahan that the wording be considered further, and in the Interim, revise the existing ordinance by removing from the license section the land use sections duplicated within the zoning ordinances. Callahan stated the problem staff has with the Issuance of many marina licenses is the lack of compliance with land use issues, which are already addressed within the zoning section of the ordinance. Butler asked If the interim ordinance Is adopted, would the Council need to revisit the issue at a later date. Callahan stated they would need to revisit the issue. It was moved by Callahan, seconded by Butler, to table action on this matter to the January 25th meeting. Ayes 5, nays 0. (*t6) #1706 WILLIAM « EVELYN KNAPP, 4300 BAYSIDE ROAD - FINAL SUBDIVISION/PRD - RESOLUTION #3210 It was moved by Jabbour, seconded by Goetten, to adopt Resolution •3210 for Application #1706 for William and Evelyn Knapp of 4300 Bayside Road, approving the plat of Cristofori Woods and granting a conditional use permit. Ayes 6, nays 0. («#7) #1749 JIM LAWRENCE, 1650 SIXTH AVENUE NORTH - FINAL SUBDIVISION - RESOLUTION #3211 It was moved by Jabbour, seconded by Goetten, to adopt Resolution • 3211 for AppiI cat I on #1749, Jim Lawrence, 1550 Si x th Avenue North, approving the plat of Tanglewood Second Addition, Ayes 5, nays 0, MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 («8) »1762 PAUL BOYKE, 793 NORTH FERNDALE ROAD - PRELIMINARY PLAT APPROVAL - RESOLUTION #3212 Paul Boyke was present. Gaffron explained this is a request for a two lot subdivision of a 4 acre parcel. Both lots satisfy the standards of the septic code. A cul-de-sac exists east of the property from which a private driveway will be provided to serve both lots. The Planning Commission recommended approval on a 5-1 vote. The minori:y opinion objected because of the shape of the homestead lot. It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3212, #1762 Paul Boyke, 793 North Ferndale Road, granting preliminary plat approval. Ayes 5, nays 0. Mayor Peterson asked if the configuration of the lot was common. Gaffron stated it is unusual, but is allowed to exist based on the requirements for measuring iakeshore and non-Iakeshore lots widths. (#9) #1708/#1786 DR. WILLIAM R. A RHONDA T. OMLIE, 1860 SHADYWOOD ROAD - CONDITIONAL USE PERMIT/VARIANCES Rhonda 0mlle and Ken Larson were present. Mabusth reviewed that at a previous meeting the Council approved a side setback variance to extend the garage along the same line as the existing garage. She noted the conditional use permit is requested for excess fill for the drive and turnaround improvements. The variances also are requested for additional deck, patio and walkways. The original proposal showed hardcover in the 75-250’ zone at 31.4X, which has now been reduced to 30.7%. She noted the additional fiI Iing requires the use of geotechnical fabric to prevent erosion and retaining walls resulting in additional hardcover. Butler felt the project to be very ambitious for the property and felt the amount of hardcover proposed was excessive. She indicated the hardships presented do not justify the hardcover increases. It was moved by Goetten, seconded by Jabbour, to table AppIications • 1768 and #1 786 for Dr. William R. and Rhonda T. 0ml ie, 1860 Shadywood Road, to allow the applicants time to reconsider their proposal. Ayes 5. nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14. 1992 ZONING FILES #1768 A 1786 - CONT. Larson asked what, if any, percentage of hardcover variance the Council would consider. Butler suggested the appiicants revise their proposal, reducing the hardcover percentage as much as humanly possible to meet the guidelines of the City. (#10) #1775 ROBERT D. LUESSE, 3249 CASCO CIRCLE - VARIANCES - RESOLUTION #3213 Robert Luesse was present. Mabusth explained, per the Planning Commission recommendation, the applicant revised his proposal by attaching the garage and reducing the size of the garage addition now at 22*x24’, but at the same time made the structure an oversized structure. The Planning Commission did not approve the 6’x8’ greenhouse addition. In exchange for the two story 15’x16 1/2’ lakeside addition, the Planning Commission asked that the deck on the north side of the structure be removed and replaced with a smaller entry deck. Mabusth noted the original proposal called for 37.2X hardcover and the revised proposal is at 29.4X. Jabbour felt this proposal an Improvement to the property. He felt the applicant followed the directive of the Planning Commission after their first meeting and should be allowed the green house. Stephen Peterson stated the applicant did follow the directives of the Planning Commission, but added the Planning Commission does not get into redesigning an application at the meeting. Butler felt the applicant should not be penalized for roilowing dIrections. Goetten referred to the compelling letter sent by expressing environmental concerns. Mr. Luesse It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3213, #1775 for Robert 0. Luesse, 3249 Casco Circle, approving variances for a garage addition at 28’x22', and approving the 6’x8' greenhouse, amending the resolution to reflect the approvals. Ayes 6, nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 (#11) #1777 JOHN THIESSE, 3845 BAYSIDE ROAD - VARIANCES - RESOLUTION #3214 John Thiesse was present. Mabusth explained this property is next to the outlot for Bayside Landing. The current proposal is for a second story addition to be installed over the existing single story residence and an intensification of the existing deck by enclosing a portion of the deck. The improvements r*,4uire hardcover variances and setback variances. She noted no views will be impacted by the enclosed section of the deck because of the curved shoreline. The proposal shows removals of non-structuraI hardcover reducing the hardcover from 50.4% to 45X. She referred to a letter from the neighboring property owrer to the east expressing concern with the substandard side setback. Thiesse explained the entry steps near that lot line are within 7* of the property line, but that access will be eliminated and the steps will be removed. There is an existing well under the steps which he hopes to move. Mrs. Harren noted Mr. Evans was in agreement with tneir position. She noted they would like to sell a portion of their outlot to Thiesse so a variance would not be needed. Jabbour asked if she would be willing to do would have riparian access. so if they no longer Harren said they do not wish to give up their riparian rights. Thiesse stated, under the new shore I and reguI ations, he wouid still need to have variance approval, and if any of the outlot was sold off, the owners could not retain riparian rights. He felt his request for a variance should not be contingent on the purchase of additional property. Jabbour felt they were Improving the situation by eliminating the access and entry stairs on the eastern side. Harren reiterated this issue has just come up and they would like to have their land appraised and have time to consider selling portion to Thiesse. a Mabusth noted the additional land to be acquired by the applicant would only eliminate the need for a side setback variance. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 ZONING FILE #1777 - CONT, It was moved by Butler, seconded by Mayor Peterson, to adopt Resolution #3214, #1777 John Thiesse, 3845 Bayside Road, approving variances for the construction of a complete second floor, entry addition and three-season porch. Ayes 5, nays 0. (#12 A 13) #1778 A #1779 ANDREW GOETTEN, 1385 FOX STREET - VARIANCE - PRELIMINARY PLAT Andrew Goetten was present. J. DIann Goetten abstained from discussion of this item. Callahan clarified that the Council did not desire to property in question. rezone the Gaffron reviewed this two lot subdivision, spiitting a 3.6 acre parcel into one 2 acre lot and one 1 acre tot. This would require a variance to both the subdivision and zoning codes. He referred toResoiution #1178 adopted by theCouricIi in the 1980s during the Minnetonka Bluffs Sewer Project Indicating standards for future approval of this proposed subdivision. He continued, the MUSA boundary was located to bisect the property. The City Engineer has recommended requiring additional right-of-way dedication, which is standard practice with all subdivisions. Because the road dedications make it impossible for the proposal to meet all zoning and subdivision requirements as noted by the 1980 resolution, staff must recommend denial. It was moved by Callahan, seconded by Butler, to approve Applications #1778 & #1779 for Andrew Goetten, 1385 Fox Street, for a variance and preliminary plat approval as proposed by the applicant, subject to deletion of the requirement for dedication of land for the cul-de-sac and the additional right-of-way. Butler indicated the staff memo implies the resolution adopted in the 1980s has somehow been voided. She felt a resolution adopted by the City Council is a binding contract and should be considered done in good fa Ith. Jabbour noted the Goettens paid for the right to subdivide the property In the 1980s by doing more than their fair share to assist in the sewer project. He added the size of the new parcel is not an Issue if the street dedication is not required. 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14. 1992 ZONING FILES #1778 A #1779 - CONT. Mayor Peterson interpreted the adopted resolution to condition approval of a subdivision on the proposal meeting all current standards. She stated she was hard pressed to approve a lot area variance with a subdivision. She asked what makes this request different and/or the same as other subdivisions requested. Gaffron stated the Council would be making a compromise to the street standards if this is approved without roadway dedications or upgrades, which makes it more difficult to enforce the standards In the future. Jabbour reiterated this is an unusual circumstance. He noted the former Counci I determined the sewer project was more important than the additional right-of-way acquisition. Callahan referred to a similar case on Stubbs Bay Road whereby the City made concessions in the past to allow development, which has dictated future approvals. Mayor Peterson asked the ramifications if approved. Barrett felt approval might serve as a precedent. He added, the City ma' » a decision in the past which they felt necessary for public safety, and now they are asked to pay the price. Callahan referred to a recent subdivision request on North Arm which the City recommended less dedication of right-of-way to facilitate the subdivision. Butler suggested approval per the applicant's request, not requiring additional road dedication. Callahan accepted this suggestion as an amendment to his motion. Gaffron asked that CounciI approve the dedication of the additional right-of-way for Orono Orchard Road and Orono Lane, which does not bring the parcel under the minimum acreage. Butler suggested approving only conditions #2 through 7 and #9 in the staff memo. Callahan agreed. Callahan suggested the hardship for approval is that the City agreed to the subdivision by a contract which the Council determines to be binding. Vote: Ayes 3. nays 1. Mayor Peterson voted nay. MINUTES OF TIE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 (*#14, 15 & 16) DAVID CARLSON 600, 610 ft 620 BIG ISLAND: #1705 - PRELIMINARY SUBDIVISION - RESOLUTION #3215 #1781/#1782 - VARIANCE/CONDITIONAL USE PERMIT #1783/#1784 - VARIANCE/CONDITIONAL USE PERMIT It was moved by Jabbour, seconded by Goetten, lo ac'“ot Resolution #3215 for Application #1785, David Carlson, 600, 61C and 620 Big Island, grant'ng preliminary approval of a plat of the properties; and Applications #1781, #1782, #1703 and for variances and conditional use permits. Ayes 5, nays 0. (#17) SHORELAND FLEXIBILITY UPDATE Gaffron reported the DNR has hired a person to do the review of the proposed shoreland regulations. The City has not received comments from them, but does not anticipate any surprises. Jabbour stated he would like to abstain from sending one City requesting flexibility the usual response from Orono. Callahan agreed and suggested sending the other four cities a letter acknowledging the City’s receipt of their flexibility request. Goetten concurred, but felt a sensitive letter expressing the City’s position would be appropriate to the fifth City. It was moved by Jabbour, seconded by Mayor Peterson, to direct Goetten to draft and send a letter to the Clt^ In question citing the City’s position and objections to the requested flexibility, and to direct staff to draft appropriate response letters to the remaining four cities acknowledging the City’s receipt of the flexibility requests. Ayes 5, nays 0. (#18) LAKESIDE MARINA - LICENSE ISSUES Jabbour abstained from discussion regarding this issue. Gaffron explained the issue in question is the screening for the east side of the property. He noted the landscape plan for the property pre~dates Dunn’s ownership of the property. Callahan thought installation of that responsibility, and maintenance of responsIbiIity. screening was same is to the City’s be Dunn’s 8 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 LAKESIDE MARINA - LICENSE ISSUES - CONT. Gaffron noted that neither staff nor applicant have been able to document exactly what screening may have once existed or been removed as a result of the sewer re-routing. He continued that given the possible changes In use of the adjacent property, forcing adherence to the old landscape plan may ultimately be a wasted effort and should no longer be a reason to withhold the license. It was moved by Callahan, seconded by Butler, to approve the 1992 marina license for Lakeside Marina, subject to the conditions set forth in the ’Exhibit'. Ayes 5, nays 0. MAYOR/COUNCIL REPORT A) Jabbour reported, at the LMCD last Board meeting the members received the letter from Mayor Peterson. JoEllen Hurr gave a speech on the City’s behalf. The Board expressed their unhappiness with Orono, and the Chair called for a secret ballet to reconfirm Grathwal’s position. The vote was 4 to 8 against Orono’s request for Grathwal’s resignation. Jabbour noted 50-60% of the lakeshore property represented voted for Orono’s proposal. He said Orono lost their proposal 2 to 1 based on the opposition having approximately 20% of the lakeshore represented. He felt that shows the major flaw In the LMCD’s enabling legisiation. He stated democracy was not present at that meeting. He added, Orono feels the LMCD’s Task Force is flawed, and therefore he did not attend the recent meetings. He said, "under no circumstances should the City feel comfortable having the LMCD represent the City". B) Goetten thanked Mayor Peterson and Butler for their many years of service to the City. ENGINEER’S REQUEST (••19) REQUEST 92 FINAL PAY REQUEST - MCCULLEY ROAD MSA PROJECT It was moved by Jabbour, seconded by Goetten, to authorize payment to Bituminous Consulting i Contracting for the McCulley Road MSA Project, In the amount of $4,245.46. Ayes 5, nays 0. (••20) CHANGE ORDER 92 - STUBBS BAY SEWER IMPROVEMENT It was moved by Jabbour, seconded by Goetten, to approve Change Order No. 2 that provides for additional items necessary to complete construction of the Stubbs Bay Sanitary Sewer Project. Ayes 5, nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 (#21) OLD CRYSTAL BAY ROAD BIKE/HIKE TRAIL - DICK FLINT Dick Flint and Lili McMillan were present to represent the Park Commission. Flint introduced Jim White, Shirley Bonine, and Del Miller from Hennepin Parks. He reported the County originally fe.t the total trail cost should not exceed $200,000, and anything beyond that amount was due to street improvements which should be the City’s responsibility. He noted he was able to convince Hennepin Parks that if the trail were to be located further west, they would have difficulty crossing Highway 12 and the railroad tracks. Flint said the additional cost is due to the need to upgrade the existing rural sections of road to a urban section to allow the bike trail to be within the right-of-way, thereby eliminating the need to acquire further easements. He noted they have reached a compromise whereby 0ro'"o and Hennepin Parks would spl it the entire cost of the project, less the amount for tree planting (which Hennepin Parks will pay), less the trail extension through Baker Park, and less the easement acquisition amount. Therefore, the amount Hennepin Parks will be responsible for wi I I be $300,000, and Orono will be responsible for $280,000. A provision has been included whereby if the entire cost of the project exceeds the estimated amount, either party has the right to cancel and design costs wiI I be split between the two parties. Jabbour stated he was opposed to the trail runn-ng on private land as easement acquisition is cost prohibitive. Flint noted the $30,000 for land acquisition is hoped to come from future Park Dedication Funds, and the Park Commission is proposing the use of $16,000 of Park Dedication Funds tc reduce the City’s portion to an amount equal to one year’s portion of MSA funds. It was moved by Callahan, seconded by Butler, to agree to enter into a contract with Hennepin Parks, with the City Attorney assisting in development of said contract, noting the City’s portion is not to exceed $268,000 and the City will not determine the source of funding at this time. Doug Hile, 2790 Silverview Drie, felt ihe dollar amount for land acquisition should be significantly higher. He noted the loss of trees on his property due to the trail. Cook stated the trail will actually run on the right-of-way portion by Mile’s property, but the storm sewer installation will necessitate the removal of t^ees. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14. 1992 BIKE/HIKE TRAIL - CONT. Flint stated Hennepin Parks is willing to replace those trees with screening. Callahan felt the City should hold another public meeting to allow affected property owners to express their concerns. Flint noted there is nothing in the contract providing the City with a right to withdraw unless the project cost is over-run. Butler suggested the City not make a decision until they know the total easement acquisition cost. Flint felt the temporary easements needed would not be costly. Wh I te added, the contract was established for the financial benefit of both parties, however, if for some unforeseeable reason the project could not be realized, the County would be willing *^o cancel the project and not hold the City responsible for following through. Terl Brandenburg stated shj has not been kept abreast of the development. She noted in the past she felt intimidated by comments made by FIint and Mi Iler. She added, they were told the traiI would be marked to give the abutting property owners some idea how they will be affected, but to date that has not happened. Jabbour noted detailed plans have not been completed. He asked the staff to contact all affected property owners and inform them of the progress. Brandenburg expressed concern about the safety aspect of crossing Highway 12, even at the light. Mayor Peterson noted that Is one conce'-n they have already cons I dared, Butler indicated if the trail .s in place prior to Highway 12 being upgraded, the Highway Department would be responsible for the improvements needed to the trail. Miller stated that he only Intended to state factual repliei and did not Intend to intimidate anyone. Vote: Ayes 6, nays 0. Jabbour thanked Jim White and Shirley Bonine for their years of service. MINUTES OF THE REGULAR ORONO COUNCIL MEETINGHELD DECEMBER 14, 1992(*#22) AUTHORIZATION TO DISBURSE CITY FUNDS FOR CLAIMS RECEIVEDIt was moved by Jabbour, seconded by Goetten, to authorize the City Treasurer to disburse City funds in payment of claims received for the December 28th Counc I meeting, which has been cancelled and that such paid claims are to be presented at the January 11, 1993 regular Council meeting for formal approval. Ayes 5, nays 0. (#23) 1992 INTERFUND TRANSFERS A LOAN PAYMENTS Callahan asked why some fund transfers are referred to as bcdgeted and some are not. Kuehn explained the only one that would not have been budgeted for is the street lighting, which is an unknown figure. It was moved by Callahan, seconded by Goetten, to approve the interfund operating transfers, loan payments and special assessment payments on City property as presented, effective December 31, 1992. Ayes 5, nays 0. (#24) APPOINT INSURANCE AGENT OF RECORD FOR 1993 Callahan asked the necessity of such a position and his responsIbMIty to the City. Moorse explained the City contracts with an insurance agent of record to supply expertise with regard to insurance and fees. It was moved by Callahan, seconded by Mayor Peterson, to appoint Mr. Duweyn Carlson, Apple Valley Agency, as Insurance Agent of Record for 1993, at a fee not to exceed $7,250, including commissions earned on policy premiums paid by the City, and to direct City staff to review the situation and seek competitive bids. Ayes 5, nays 0. (#25) EXCESS LIABILITY INSURANCE - RESOLUTION #3216 CaI Iahan asked that this issue be clarified, if the City elects not to waive the Statutory limits, the excess coverage would only be available only for those claims that are not covered. If the City elects to waive the Statutory limits, the excess coverage would be available for all claims. The City has elected to waive the limits because of exposure to some kinds of liabilities which the statutory limits either don’t or might not apply. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 EXCESS LIABILITY INSURANCE - CONT. Barrett explained in the general terms, the City has sovereign immunity, which has been waived by the State up to a certain limit, so that the City can be sued for damages up to that amount. If the City elects to be insured above that amount, then the City would be waiving the liability so it may actually pay more than the amount. He opined, the contract appears to indicate the only way to get coverage is to waive those limits. It was moved by Callahan, seconded by Butler, to adopt Resolution #3216 waiving the monetary limits on Tort Liability established by Minnesota Statutes 466.04, and directed staff to further explain this issue at the next meeting. Ayes 5, nays 0. (««26) APPOINTMENT OF AUDITOR FOR FISCAL YEAR 1992 It was moved by Jabbour, seconded by Goetten, to appoint the audit firm of Malloy, Karnowski, Radosevich 4 Co. to perform the required audits for the 1992 fiscal year at an estimated cost of $15,400 plus direct expenses and to assist with the Certificate of Achievement Financial Reporting Program at a cost not to exceed $3,000. Ayes 5, nays 0. (*#27) 1993 APPLICATION FOR COVERAGE UNDER THE LMCIT SELF-INSURANCE WORKERS* COMPENSATION PLAN It was moved by Jabbour, seconded by Goetten, to approve the 1993 Application for Coverage under the LMCIT Self-Insured Workers’ Compensation Plan and award the 1993 worker compensation insurance to the LMCIT for the initial net premium of $46,178. effective January 1, 1993. Ayes 5, nays 0. (#28) 1993 COMPENSATION ADJUSTMENT - RESOLUTION #3217 Callahan suggested it was time to revisit the step Incorporated within the compensation plan. Increases Moorse stated this information is meant to satisfy questions asked at the last meeting. He noted Council should approve the wage percentage increase, but the eligible step increases are only provided for information at this time. It was moved by Callahan, seconded by Jobbour, to adopt Resolution #3217 establishing salaries for City employees and a mileage Increase effective January 1, 1993. Ayes 5, nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 (#29) EXTENSION OF JOINT POWERS AGREEMENT OF THE WEST HENNEPIN RECYCLING COMMISSION - RESOLUTION #3218 It was moved by Callahan, seconded by Mayor Peterson, to adopt Resolution #3218 to extend the term of Joint Powers Agreement of West Hennepin Recycling Commission. Ayes 5, nays 0. (*#30) LEE A JULIE HARREN EXEMPTION FROM STUBBS BAY SEWER PROJECT - RESOLUTION #3219 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3219 exempting the property at 175 Landmark Drive from inclusion In the Stubbs Bay S?wer Project. Ayes 5, nays 0. (*#31) 1992 & 1993 BUDGET ADJUSTMENTS It was moved by Jabbour, seconded by Goetten, to approve the budget amendments to the 1992 and 1993 budgets to reflect expenditures as presented. Ayes 5, nays 0. (*#32) SPECIAL ASSESSMENT DEFERMENTS - STUBBS BAY SEWER PROJECT - RESOLUTIONS #3220 A #3221 It was moved by Jabbour, seconded by Goetten, to adopt Resolution #3220 approving a special assessment deferment for Rose Madden; and adopt Resolution #3221 approving a special assessment deferment for Hazel Anderson. Ayes 5, nays 0. (#33) APPOINTMENT TO THE LONG LAKE FIRE DEPARTMENT ADVISORY BOARD Jabbour felt it would be an undue hardship to appoint the Police Chief to this position as he has to work closely with both cities. He felt this appointment should be one of the new Council members. It was moved by Callahan, seconded by Mayor Peterson, to table consideration of the appointment to the Long Lake Fire Department Advisory Board until January 11th. Ayes 5, nays 0. (*#34) JANITORIAL SERVICES NEW FACILITY "REQUEST FOR PROPOSALS It was moved by Jabbour, seconded by Goetten, to authorize contracting with Town A Country Services for janitorial services for the new facility for $905.00 per month. Ayes 5, nays 0. (#35) VOLUNTEER COMMISSION VACANCIES Mayor Peterson asked that persons whose terms are about to expire be asked if they wish to continue to serve on the Conxnission. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 VOLUNTEER COMMISSION VACANCIES - CONT. Gerhardson clarified that the Ordinance requires a 8 person Park Commission, but it is strongly recommended to amend that Ordinance to require only 7 people. It was moved by Mayor Peterson, seconded by Jabbour, to authorize the City to advertise for vacancies on both the Park Commission and the Planning Commission, and to direct staff to draft an amendment to the Ordinance to require only a 7 member Park Commission. Ayes 5, nays 0. (»i36) PLANS FOR THE MOVE TO THE NEW CITY FACILITIES It was moved by Jabbour, seconded by Goetten, to accept the memo regarding this item. Ayes 5, nays 0. (*#37) PUBLIC WORKS VEHICLE SERVICE EQUIPMENT APPLICATION & CERTIFICATE FOR PAYMENT #1 4 #2 It was moved by Jabbour, secondea by Goetten, to approve Architect’s Application and Certificate for Payment #1 and #2 for vehicle service equipment, in the total amount of $23,367.17 to Zahl Equipment Company. Ayes 5, nays 0. (#38) JOB EVALUATION STUDY UPDATE Callahan asked if staff is suggesting hiring someone to do this job. Moorse explained in 1986 the City joined with about 150 other cities and contracted with Personnel Decision, Inc. To update the City’s po I i cy wou I d mere I y i nvo I s'e subm itting updated i n format i on to that company. It was moved by Callahan, seconded by Butler, to authorize the re- evaluation of the department head positions and staff personnel. Ayes 6, nays 0. (#39) AUTHORIZATION TO ESTABLISH POLICE EXPLORER POST Sullivan explained this program provides positive contact with the youth of the area and surrounding communities, and gives them an opportunity to become Involved In their community. This program also a I lows the officers to build a better rapport with the youth. AiI Counci I members agreed this is a good and necessary program. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 5 (#40) CITY HALL & PUBLIC WORKS BUILDINGS APPLICATION & CERTIFICATE OF PAYMENT #10 Jabbour asked ...ure the ledger is that would provide the Council with information on the amounts spent to date and amounts remaining. He said he is unsure of where the requested payments fit into the overall project. Callahan said Council needs to know how much is left of the t-onds, and they du not seem to be able to get the answers they need. Jabbour noted he is afraid change orders may have been approved without Council approval. He noted it is imperative to retain 10% for any corrections needed. Callahan referred to the items in dispute. Moorse noted those items have not been paid and are not on the request to be paid. Callahan stated he Is reluctant to authorize payment as they do not know the position of each expenditure. Butler stated it was a waste of time to pay the bill then review the situation. It was moved by Jabbour, to authorize staff to disburse payment as requested, providing the Administrator and Finance Director has ensured to the best of their abi I i ty that the amount does not exceed the contract amount, it is only payment for work done, and the 10X retainer is held. There was no second to the motion. It was moved by Butler, seconded by Mayor Peterson, to establish a meeting for January 4, 1993 at 4:00 to swear in the newly elected Counci I members and to hold a special meeting to consider payment as requested, and that the Council receive the necessary material prior to that meeting for review. Ayes 5, nays 0. Jabbour withdrew his original motion. (#41) CITY FACILITIES CHANGE ORDERS It was moved by Butler, seconded by Mayor Peterson, to defer consideration of payment untiI the January 4, 1993 meeting. Ayes 6, nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 (#42) CRYSTAL BAY POST OFFICE LEASE It was moved by Jabbour, seconded by Goetten, to approve the information submitted regarding this issue. Ayes 5, nays 0. (#43) CHANGE IN COUNCIL MEETING START TIME It was moved by Callahan, seconded by Jabbour, to authorize the starting time of Council meetings to 7:30 p.m. beginning January 1 , 1993. Ayes 5, nays 0. (#44) CITY OF ORONO, 1000 OLD CRYSTAL BAY ROAD - PRELIMINARY SUBDIVISION Butler clarified that both proposed lots do not meet the required 2 acre standard. Mabusth confirmed that they do not, in part because of the wetland to the southwest and the required 50’ road outlot. Callahan suggested removal of this matter from the consideration of the public to avoid a conflict with the public hearing requirements, and the Council review the issues involved with the property in closed session. (#44A) PHONE SYSTEM MOVE & EXPANSION It was moved by Jabbour, seconded by Butler, to authorize Integrated Communications Inc. to move the current phone system to the new facilities, and the purchase of the additional equipment as needed, for an amount not to exceed $7,380.00. Ayes 5, nays 0. (*#45) LICENSES It was moved by Jabbour, following II censes: seconded by Goetten, to approve the Residential Kennel Licenses: Steve Esco, 320 Big Island Wayne & Gayle Carrier, 1376 North Arm Drive Suzanne Fackler, 3700 Togo Road Judith Spinner, 940 North Arm Drive Thomas 4 Ingrid Anderson, 3550 North Shore Drive Commercial Kennel License: The Dog House Boarding Kennels, Inc., 3507 Wayzata Boulevard On-Sale Liquor: Jimmies Lounge, 3380 Shoreline Drive MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 LICENSES - CONT. Off-Sale Liquor: Navarre Liquors, 3421 Shoreline Drive Club Liquor: Wayzata Country Club, 200 Wayzata Boulevard Woodhill Country Club, 200 WoodhIII Road Off-Sale Non-Intoxicat Ing Malt Liquor: O’Sullivans, 3420 Shadywood Road On-Sale Non-Intoxicating Malt Liquor: Orono Golf Course, 265 Orono Orchard Road South On & Off Sale Non-Intoxicating Liquor: Navarre Lanes, 3435 Shoreline Drive Ayes 5, nays 0. (««46) BILLS It was moved by Jabbour, seconded by Goetten, to approve payment of the All Funds Account. Ayes 5, nays 0. ADJOURNMENT Mayor Peterson adjourned the regular Orono City Council meeting at 10:40 p.m. to Executive Session. Ayes 5, nays 0. ATTEST: Barbara A. Peterson, Mayor Dorothy M. Hal I in. City Clerk To: From: Date: Subj ect: Mayor Callahan and Orono City Council Michael P. Gaffron, Asst. Planning U Zoning Adaiinistrator December 31, 1992 Itl674 Austin Evans, 2b 5 Landmark Drive Subdivision Plat Approval Final /♦ °"Olllo ’ List o£ Exhibits A - Resolution B • .inal Plat Drawings C - Park Fee Documentation D - Executed Bike Trail Easement ^ ^ 3zdI The applicant has completed all requirements for final approval as set forth in Resolution No. 3201, approved by the Council on November 23, 1992. The City Assessor has established the fair market value of the newly created lot at $38,700. 8% of that figure is $3'096, and this would be reduced by $500, the Assessor's valuation of the bike trail easement. Therefore the final park fee is $2,596. Applicant's attorney has submitted for City approval an amendment of the special lot combination agreement which required the original Lot 1, Block 1, Bayside Landing and the one-half undivided interest in Outlot A (the lakeshore access lot) to be maintained in common ownership. The amendment is merely a revision so that Lot 1, Block 1, Bayside Landing 2nd Additxvn will remain in common ownership with Outlot A. An approved Hennepin Country driveway access permit has been submitted per Condition 1 of Resolution No. 3201. Staff Recommendation Finding all submittals to be in order, sta££ recommends approval of the two lot plat for Austin Evans at 255 Landmark Drive, sublect to payment of the park fee prior to filing of the subdivision by the City Attorney. Proposed motion: Moved by_ _, secoi*«-.--;U by - - to grant final plat appioval for a two lot subdivision at 255 Landmark Drive for Austin Evans. Vote: _ _ _ ayes.. - - - nays. A RESOLUTION APPROVING THE PLAT OF BAYSIDE LANDING SECOND ADDITION FILE NO. 1764 t WHEREAS/ the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the City Council has considered the application for a two lot subdivision plat by Austin Evans, the subdivider; and WHEREAS, on November 23, 1992, the City Council approved Resolution No. 3201 granting preliminary approval for a plat at 255 Landmark Drive; and WHEREAS, the subdivision has been found to meet all standards of the LR-IA, Single Family Lakeshore Residential Zoning District, finding that each lot is of a size and configuration that will allow its use for development with a single family residence without the need of any variances; and WHEREAS, the subdivider has completed all requirements of the platting regulations of th.^ "ity, including: requirements of Resolution No.1. Completion of all 3201. 2. Dedication on the plat of drainage easements subject to the underlying Flowage and Conservation Easement previously filed with Hennepin County as Document Nos. 1951703 and 1951784 . 3. Granting to the City of an easement for drainage, utilities and trail over the southeasterly 10' of the property adjoining County Road 84. 4. Submission of an approved Hennepin County driveway access permit. Page 1 of 3 5. Granting of the standard drainage and utility easements along lot lines. 6. Payment of the standard park fee less the value of said trail easement, in the amount of $2,596. 7. Payment to the City of final plat fees in the amount of $200 . NOW, THEREFORE BE IT RESOLVED, that the City Council on the City of Orono .lereby approves the plat of Bayside Landing Second Addition, ' ;ennepin County, Minnesota, subject to the following conditio' 3: 1. Lot 1 shall gain access via Landmark Drive and shall remain subject to the covenants and obligations associated with tuat private read. The existing driveway access from Lot 1 onto Bayside Road shall be regraded to the satisfaction of the City to eliminate all future access at that location before a building permit will be issued for Lot 1. Lot 2 shall gain access to County Road 84 subject to the conditions of the approved Hennepin County driveway access permit on file. du. Lot 1 is granted lakeshore access via Out let A of Bayside L^'-ding ard shall be subject to the existing Declaratj.on of Covc^nant^., Co., ttic.is and Restrictions (DocumentNo. 1951786), tne existing Declaration of Private Road and Utilities Easen.ent and Cc-enant for Road Maintenance (Document No. 1951785), and ti.e Special Lot Combination (Document Nos. 1951787 and IT'9151). Lot 2 shall have no lake access via Outlet A. 3. The existing building foundations on Lot 1 shall be removed within 6 months of the date of final plat approval, or prior to issuance of a Certificate of Occupancy for a new residence on Lot i, whichever comes first. 4. All construction shall be within the building envelope defined on the preliminary plat drawing dated 8-28-92/revised 10-8-92. Page of 3 5. The extent of grading and filling that will be allowed for any residence developed on Lot 2 shall be regulated by the pertinent requirements of Municipal Code Section 10.03, Subds. 19, 20 and 21. 6. The previous one unit sewer assessment as part of the Bayside North sub-area of the Stubbs Bay Sewer Project shall be assigned to Lot 1. One unit connection charge as part of the Stubbs Bay Northwest sub-area shall be paid for Lot 2 at the ^ime a building permit is issued for Lot 2, in an amount according to the City fee schedule at that time. 7. The aforesaid plat shall be filed by the City of Orono with the Hennepin County Recorder's Office on or before July 11, 1993 together with a certified original copy of this resolution and executed copies of the following documents: A. Drainage, Utility and Trail Easement. B. Amendment to Special Lot Combination Agreement. The approval granted by this resolution shall expire if the plat cannot be filed by the date specified above. In that event it will be necessary to file a new application with the City of Orono for subdivision review. Dated this 11th day of January 1993. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrumen*" was acr.nowledged before me on this 11th day of January 1993 by Edward J. Callahan and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation ana said instrument was executed on behalf of the City. Notary Pubic Page 3 of 3 !il H! ^'1 '4p. ^ I P i tl *£» f • . IT # «« I £891ti*l I i;f ■« i i I al hi ' Ir I t f I J| I !< i \ '•? (. !)' E » I f 1 H i I I if! IW S I i E»t 1?E I t : I'l CD > U) Om > o CD COmno o >og H o 2 - • .j- • •* • . •• • •• • • %p • .» • • •• DATE: TO: /fu<n/^ , ____ . . ______'UJ P. VA^^)uc774 ^yV7 Dear i€.. We are pleased to send you the enclosed information, be of further assistaAice^ please contact the City Offices at 473-7357. Thank you. CITY OP ORONO Post Office Bo* 66 Crystal Bay, Minnesota 55323-0066 Telephone: 473-7357 * Fax: 473-0510 CITY OF ORONO CITY of ORONO Post Ofnce Box 66*Crystal Bay. Minnesota 55323•Municipal Office? On the North Shore of Lake Minnetonka TO: Orono Zoning Department FROM: Rolf Erickson, City Assessor DATE: RE: Park dedication fee of: A. o ^ Vi n____ U-----Qi aAyS/il^__ os-in-z'^-2f- 0034 241 SW* Acres g /y.O^'O______- ^ ‘5S.*70O Subir-rtcf •fro»r» dff/Ar- 4»t)ou /)+ +«+^ I ■fee - ■L’lLOINC A Z(WING - 47J-7U7 AtttSSING ADMIMSTHATION a finance - 473-7351 FLBUC WORJCS - 47J-73S9 DRAINAGE, UTILITIES AND TRAIL EASEMENTTHIS INDENTURE, made this day ofand between H. f^:s>hereinafter referred to as "Grantor(s)", and the City of Orono, Minnesota municipal corporation, hereinafter referred to as "Grantee”.WITNESSETH, that Grantor(s), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration given by Grantee, the receipt of which is acknowledged by Grantor(s), do(es) hereby grant, bargain, sell and convey to Grantee, its successors and assigns, a perpetual easement for public ingress, egress, and access, for drainage, utilities and trail purposes and uses, over, under and across the land in the State of Minnesota, County of Hennepin, legally described as follows: The southeasterly 10' of Lots 1 and 2, Block 1, Bayside Landing Second Addition, said 10' adjoins County Road 84. Including, but not by way of limitation, a full and free right and authority to enter upon said land to construct, install, maintain, operate and repair a sanitary sewer interceptor, lift sta .ion, main or line, a water main or line, gravel or paved trail and any and all appurtenances, including drainage control structures, incidental and related thereto, (all of which are hereinafter referred to collectively as the Improvements). The Grantee shall have the right to make use of said land as is reasonably necessary and advisable to the construction, installation, maintenance, operation and repair of the Improvements. In addition to any other remedy the Grantee may have, the covenants and restrictions contained herein may be enforced by injunction. The Grantor(s) certify that the land herein described is free and clear of all encumbrances except: _ _ _ _ _ _ _ _SEE KXHIBIT A ATTACHED HERETO AND MADE A PART THEREOF BY REFERENCE IN WITNESS WHEREOF, the Grantor(s) have executed this easement on the day and year written above. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this n day of ti 19 ^ before me personnaly appeared Ouinx. , to me known to be the person(s) described in and who signed the foregoing instrument, and acknowledge that he (they) executed the same as his (their) free act and deed. NOTARY PUBEIC STATE DEED TAX DUE HEREON: This instrument drafted by: LAURA JOUCOEUR NOTARV njBUC —IMNNESOTA HENNEPIN COUNTY | My Ciw^i fis>w MW «.t AMMMW City of Orono P.O. Box 66 Crystal Bay, MN 55323 •1 # ii* r. I* (r. 1 «t I • !«•( I* •1* V.'^K*•1 tftr.iti P / o. o CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3201 A RESOLUTION GRANTING PRELIMINART APPROVAL OF A TWO LOT PLAT FOR THE PROPERTY LOCATED AT 255 LANDMARK DRIVE FILE NO. 1764 WHEREAS, Austin Evans (hereinafter "the applicant") on August 28, 1992 filed a formal subdivision application with the City of Orono (hereinafter "the City") for approval of a 2 lot residential plat of property legally described as Lot 1, Bloc)c 1, Bayside Landing, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statues 462.358 et. seq, and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on September 21, 1992 and October 19, 1992, at which times all persons desiring to be heard concerning this application were given the opportunity to spealc thereon; and WHEREAS, at their regular meeting held on November 9, 1992, the Orono City Council considered the subdivision application and noted the following findings of fact: The property is located within the LR—IA Single Family Lakeshore Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. Because the property is served with municipal sewer as part of the Stubbs Bay Municipal Sewer Project, the applicant is proposing to use 0.80 acres of wetland area defined as flood fringe" as credit towards the required 2 acre dry buildable area requirement, as allowed in Zoning Code Section 10.55, Subd. 15 (A) (3). The property contains a total of approximately 6.45 acres. Both the proposed residential lots meet the 2 acre area requirement as follows: Lot 1 - 2.06 acres dry ^ Lot 2 « 1.20 acres dry plus 0.92 acres creditable flood fringe; Total ■* 2.12 acrefe Page 1 of 6 1. 2. 3. CITYof ORONO RESOLUTION OF 1 HE CITY COUNCIL NO. 3201 4. 5. 6. 7. 8. 9. 10. Both lots are served with municipal sewer. The property was assessed one sewer unit as part of the Bayside North sub-area within the Stubbs Bay Sewer Project. A second sewer unit will be collected as a connection charge at the time of construction on Lot 2. Proposed Lot 1 is intended to be accessed via a driveway from Landmark Drive. Proposed Lot 2 is intended to be accessed via a driveway directly onto Bayside Road (County Road 84). The existing direct driveway access from Lot 1 to Bayside Road is intended to be eliminated. No additional right-of-way is required for Bayside Road. The existina conservation and flowage/drainagc easement over the designated wetlands on the property will remain in effect. The City will require granting of a continuous 10' bike trail easement over the south 10’ of the property adjacent to Bayside Road, in addition to the standard park fee less the value of said trail easement. Both newly created lots have been found to meet the stancards of Ordinance No. 101, 2nd Series, An Ordinance Establishing Regulations for the Management of Shorelands within the City. All proposed structures shall meet the required 75' setback from the 929.4 creek elevation, said creek being considered for setback and hardcover purposes as contiguous with Stubbs Bay. All proposed structures shall further meet the required 26 setback from the wetlands, the boundary of said wetlands defined as coincident with the boundary of the existing conservation and flowage easement, shown as a drainage easement on the underlying plat of Bayside Landing. Both lots have been found to meet the minimum standards of the LR-IA Lak.shore Residential Zoning District, and • residence can be constructed on each lot without the need for variances. Only Lot 1 shall be granted lakeshore access Bayside Landing. Lot shall have no riparian access riahts via Outlet A. Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3201 NOW, THEREFORE BE IT RESOLVED, that ba^ed upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of Austin Evans per the survey dated 8-28-92, revised 9-18-92 and 10-8-92, by Mark S. Gronberg of Coffin and Gronberg, Inc. subject to the following conditions: 1. Lot 1 shall gain access via Landmark Drive and shall remain subject to the covenants and obligations associated with that private road. The existing driveway access from Lot 1 onto Bayside Road shall be regraded to the satisfaction of the City to eliminate all future access at that location before a building permit will be issued for Lot 1. Lot 2 shall gain access to County Road 84 subject to submission to the City of an approved Hennepin County driveway access permit prior to final plat approval. 2. The underlying conservation and flowage easment shown as "drainage easement" on the plat of Bnvside Landing shall remain in effect over both Lots 1 and 2. 3. Lot 1 is granted lakeshore access via Outlet A of Bayside Landing and shall be subject to the existing covenants and restriction regarding said outlet. Lot 2 shall have no lake access via Outlet A. Applicant is advised that Outlet A may not be used for parking of motor vehxcles per the conditions of the covenants and special lot combination documents governing said outlet. 4. The existing building foundations on proposed Lot 1 shall be removed within 6 months of the date of final plat approval, or prior to issuance of a Certificate of Occupancy for a new residence on Lot 1, whichever comes first. 5. All construction shall be within the building envelopes defined on the preliminary plat drawing dated 8-28-92/revised 10-8-92. 6. The extent of grading and filling that will be allowed for any residence developed on Lot 2 shall be regulated by the pertinent requirements of Municipal Code Section 10.03, Subdivisions 19, 20 and 21. Page 3 of 6 CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. 3201 7. Applicant shall grant the standard drainage and utility easements along all lot lines (10’ along exterior lot lines, 5' along interior lot lines). 8. Applicant shall grant to the City a 10’ bike trail easement over the south 10’ of the property adjacent to Bayside Road, and shall additionally pay the standard park fee less the value of said trail easement. 9. The previous one unit sewer assessment as part of the Bayside North sub-arec of the Stubbs Bay Sewer Project shall be assigned to Lot 1. One unit connection charge as part of the Stubbs Bay Northwest sub-area shall be paid for Lot 2 at the time building permit is issued for Lot 2, in an amount according to the City fee schedule at that time. FINAL PLAT SUBMITTALS 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 Coffin and Gronberg, Inc. dated 8-28-92/revised 10/8/92. B. Dedication of drainage and utility easements 10' wide along all perimeter property lines and 5’ each side of interna property linos — omit along the creek and wetlc ids. C. Designation and dedication of a drainage easement over the wetlands and drainageways within Lots 1 ^ underlying conservation and flowage easement dedicated with the plat of Bayside Landing. The conservation and flowage easements shall be carried on and documented in any documents that transfer title to the property. Page 4 of 6 mm niiHili riiiwi r»i«x*T«i 1 /O^ O CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 3201 STATE OF MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) The foregoing instjument was acknowledged before me on bhis 9th day of Nr ember, 1992, by Barbara A. Peterson i Dorothy M. Hallin, Mayor t City clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page t> of 6 .• ' •• 'A -I ^ w • .* Li* Messerli & K ramer william e MC^dtALI AOttt C. KRAMCII vOm rooAm OAVtO II I^RACUM Ma AA iI LARttON T mothv A aucr nommmr o- OCOROK R. AKROAB SANORA L. NCRen C mRi^TOPHCR R Mum I^ JAMC^ C. WICAA JCRCR h •. NtKRCNRrnO a ILUAM C MlC^ ^ « Wlt«V.IAM M NAR i«:MT ATTOONCVS AT LAW leoo PiFTH BT^LLT TOWC^^S ISO south rifTH STRCCT MINNEAPOLIS, MINNESOTA 56402-4210 (e*2) 07S -3000 FACSIMILe {«<k} 478-3777 •*a ^LVv A^iDf P30N WiLL»>^M O TwN*MJ c A • P RANK 3 TA p^AC wl.WH ANI*. M BETNfd • wC hn r APiT* ANNC L «;0MNJ0N LCANNC O. LITFin PCTBR O. MAORU90N fcCABNCC NUMAHBirr eATCHCwCR MitMABL L.WCAVCR WILLIAM R eUTL£R «v«.*r»'s riACQT 0’*L • «W*0 AOMlTTCO *N HOATm 0A»0T* • AaAO AOM'TTCP ••* »<*SCw<4S-^ 893-6655 January* 11, 1993 Mike Gaffron Assistant Planning & Zoning Administrator City of Orono P.O. Box 66 Crystal Bay, MN 55323 Bv Fax 473-0510 Andrew Goetten Variance and Subdivision Application (Application Nos. 1778 and 1779) Our File: 7641-1 Dear Mike: As wa dificnased on Friday, January 8, Mr. Goetten will be requesting the Orono City Council to consider appending the proposed outlot to proposed Lot 1 for acreage purposes. Although the outlet and Lot 1 are not contiguous parcels, I have been advised that there is precedent for an aggregation of acreage of this type. Two reasons for appending the outlot to Lot 1 for acreage purposes are as follows: 1.Mr. Goetten understood this arrangement to be part of the "contract” made with the City in I960; and 2.The additional lot line location flexibility that would be provided by the addition of approxioiately .2 acres to Lot 1 would probably enable the Goettens and the City to avoid the necessity of variances both with respect to the location of the existing garage and any new garage built after the present garage is tom down. Surveyor Mark Gronberg has provided us with a sketch of two possible alternative lot line locations assuming the addition of .2 acres to the area of Lot 1. A copy of this sketch is enclosed. Assuming the Council looks favorably on Mr. G''itten’s request, the actual lot line would be detormined by Mr. Goetten and the surveyor and placed on a revised preliminary plat, which would then be provided to the City immediately. Mike Ga/fron January 11, 1993 Page 2 In light of the foregoing, Mr. Goetten has requested the approval of the resolutions sent to me on January 8 not be put on the Council's consent agenda. It is likely that I will be attending the meeting on behalf of the Goettens. If you have any questions or comments prior to the meeting, please contact m3. Yours very truly. MESSERL Paul W.erson Enclosures PWA;rmr2«4<W.l cc: Mark Cronberg J ....................-W^r srA€er K J? Sa r4«/ <^/n» A«MA« 2 ^•*4t 4«gtf ##» «y h TO:FROM: DATE: SUBJECT:Mayor Callahan and Orono City Council Ron Moorse, City AdministratorMichael P. Gaffron, Asst. Planning & Zoning Ac|fiun:strator January 4, 1993 *• A>-#1778/1779, Andrew Goetten, 1385 Fo/. Streep*,- ^ ^ X Lot Area Variance/Preliminary Subdivision ^ ^ 9 A> Resolutions ^ ^^ List o£ Exhibits A - Variance Resolution B - Preliminary Plat Aoproval Resolution C - Council Minutes 12/14/92 D - Council Action Notice 12/17/92 Discussion At the December 14th Council meeting, Council voted 3 in favor, 1 against, 1 abstention, to approve the granting of a lot area variance and preliminary plat approval as proposed by the applicant, directing staff to draft resolutions reflecting said approvals. Two resolutions have been drafted. The lot area variance approval resolution incorporates the Council's majority vie'^rpoint that the 1980 resolution was in effect a contract, and includes the hardships and unique circumstances as outlined by applicant's attorney in the letter of request. The preliminary plat approval resolution incorporates the seven conditions of approval indicated by Council, but includes no discussion regarding Council's decision to not require the standard road dedications which would normally be required for a plat of this nature. Staff Recommandation Staff is on record as opposing the granting of the lot area v^jfi3fjce associated with a subdivision for reasons noted in the staff memo of November 9, 1992. The attached resolutions, however, have been drafted to reflect and provide a supportive basis for the Council action of December 14th. A4t I A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) AND MUNICIPAL SUBDIVISION CODE SECTION 11.10, SUBDIVISION 14 FILE #1778 WHEREAS, Andrew J. Goetten (hereinafter "the applicant") is owner of the property located at 1385 Fox Street within the City of Orono (hereinafter "City" ^.nd legally described as follows: Exhibit A attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.^3, Subdivision 5 (B) and Municipal Subdivision Code Section 11.10, Subdivision 14, to perr’''t the subdivision of the property into two building of which will not meet the minimum 2 acre buildable area reguirement of the RR-IB Zoning District. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: 1. 2 . 3 . FINDINGS This application was reviewed as Zoning File #1770. The property is located in *he RR-IB Rural Residential Zoning District, requirin-j 2 acres of contiguous dry buildable land in each building lor per Municipal Code Section 10.28, fubdivision 5 (B) . The Orono Planning Commission reviewed this application on November 16, 1992 and on a vote of 6 in favor. 0 aqainst, recommended that the property, comprising ]ust over 3 acres in contiguous dry buildable area, be rezoned to a 1 acre standard in conjunction with a general rezoning of the surrounding "Minnetonka Bluffs" area, so that the proposed lot area variance will no longer be necessary. Page 1 of 9 4. The City Coi*ncil reviewed this application on December 14, 1992 and considered the recommendation of the Planning Commissic'n, reports by City staff, verbal and written comments by the applicant and his attorney, and the effect of the proposed variance on the health, safety and welfare of the commu)*.ity. On December 14, 1992, the City Council voted 3 in favor, 1 against, with 1 abstention, to gr-jit approval of the variance as requested by the ;.pplirant and direct staff to draft a resolution for approval. 5. The City Council makes the following findings of fact pertinent to this variance request: A) The area of the property is approximately 3.66 acres in total area, wirh approximately 3.01 acres net contiguous dry buildable exclusive of 33' of right-of-way for Orono Orchard Road, exclusive of designated wetlands, and exclusive of a non contiguous strip located across County Road 15. B) Applicant's existing residence is located in the eastern one-third of the 3.01 acre parcel, is currently served by public sewer as a result of the City's Sewer Project 80-1 and lies within the Metropolitan Urban Service Area (MUSA). The westerly two-thirds of the property lies outside the MUSA, and is not provided with municipal sewer, having been excluded from Sewer Project bO-1. C) The contiguous dry buildable portion of the property is located in the RR-IB Zoning District, requiring 2.0 acres of dry buildable land per building site, per Municipal Code Section 10.28, Subdivision 5 (B). D) The City of Orono initiated Sewer Project 90-1 in part to solve existing on-site sewage treatment problems in the Minnetonka Bluffs area ("housing cluster 5" as shown on Map 12 of the 1980 Community Management Plan) in which the property is located. Page 2 of 9 The property is the only property within "housing cluster 5" which meets the RR-IB lot area requirements. All other lots in "housing cluster 5" are substandard with respect to lot area. 3) On August 11, i980 the City Council adopted Resolution #1178, determining that one sewer service stub be provided to serve the existing residence on the property, provided that any future subdivision on the property must leave not less than 1 acre for the existing residence, and any new lot created in the future will fully comply with current zoning regulations at the time of subdivision, and comply with all City on-site sewage treatment requirements. The applicant relied on Resolution #1178 when he granted the City of Orono an easement for placement of a sewer lift station at the east end of the property, which was necessary for the sewering of the Minnetonka Bluff's area. Applicant did not insist on monetary consideration for granting this easement not only because he wished to provide real support to the sewer project in this area, but also as a result of his reliance on the spirit and intent of Resolution #1178. In 1981 the City Council extended the MUSA boundary line to include the sewer serviced portions of "housing cluster 5", said line being located to include only the easterly sewer serviced portion of the property. The defacto Council approval of conditions for a future subdivision in Resolution #1178 and the subsequent placement of the MUSA boundary line through the interior of the property rather than along an existing lor line, are conditions unique to the property and generally not found on other properties within the City. Page 3 of 9 I) J) The Council finds that granting of the proposed lot area variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the code. A strict enforcement of the minimum lot area of 2 acres in each of the two proposed lots under the above noted circumstances unique to the property would cause applicant "undue hardship". The guiding principals of the land use regulations of Orono are the avoidance of excessive intensive land development and the threat to public health which occurs with excessive crowing of private sewage disposal systems on substandard building sites, as stated in Municipal Code Section 10.01. The City recognizes chat the creation of larger lot sizes in unsewered areas is m.andatory and that on site disposal systems must not be allowed on any site of less than 2 acres. Juxtaposed on the concerns over private sewage disposal systems is the "urbanization spiral" that results from the rapid extension of municipal sewer services into rural areas. The resulting "development paradox" is of paramount concern to the public and is a primary factor of the formulation of land use policy in Orono. The Council would not adversely affect Che spirit, purpose and intent of the code in the RR-IB classification by granting the applicant's request for a lot area variance. Granting the variance request would provide a basis to allow the property to be subdivided into two lots, a 1 acre lot for the existing sewered residence and a 2* acre new unsewered building site. The new building site would meet all of the current zoning regulations of the RR-IB District, including all City on-site sewage treatment requirements. Granting the variance request does not create any new, substandard building sites. Page 4 of 9 L) The proposed subdivision which is based on the variance request complies with the qualifications set forth in Resolution #1178 when the Council first addressed the circumstances unique to the property and arguably approved a future subdivision. Resolution #1178 is entitlea "Resolution of the City Council #1178 Determining that One Sanitary Sewer Service will be Provided for the Property Located at 1385 Fox Street, and Determining Standards for any Future Subdivision of the Property". Resolution #1178 reads in pertinent part: 1. Any future subdivision of the property must leave not less than 1 acre for the existing residence. 2. Any new building site which might be created will comply with all current zoning regulations at the time of subdivision, the intent of this provision being that any new lot created in the future is not intended to be served by the 80-1 Sewer Project but is intended to fully comply with all City on-site sewage treatment requirements. Therefore there is benefit to the property from the construction of the sewer to the extent of one unit. The subdivision proposed by the applicant fully complies with lot size conditions previously imposed by the Council via Resolution #1178. M) The fact that no new substandard building lots would be created by the granting of the variance request is significant. In an interoffice memorandum to the then City Administrator Walter R. Benson dated ouU 10, 1981, City Planner Alan Olson pointed out that the Council had indicated they would look favorably on a future subdivision of the property into one 1> acre sewered parcel and one 2+ acre unsewered parrel. That memorandum reasoned that the subdivision of the Goetten property into two lots, because of its 3.6 acre size, would not Page 5 of 9 6 . violate the land use policies against increased density because the only new building site would exceed the required lot area size for land zoned RR-IB. In essence, in that memo the applicant's property was used to highlight those circumstances where a variance and subdivision of property should be allowed. N) 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 variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial properr.y right of the applicant, which right was established upon City adoption of Resolution #1178, and on which applicant has relied for more than ten years; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The Council finds that not only do the above findings support the granting of a variance to Municipal Code Section 10.28, Subdivision 5 (B) , but said findings further indicate that the conditions surrounding this request are of such a unique and singular nature as to support the granting of a variance to the Subdivision Code Section 11.10, Subdivision 14 (A) which states in part that "Every plat shall conform to existing zoning regulations and subdivision regulations applicable at the time of final plat approval. Variances shall not be approv'ed to increase the overall subdivision density above the minimum lot area requirements of the applicable zoning district in this chapter". Page 6 of 9 7. The City Council hereby determines that Resolution U117& establishes a unique contruct between the City and the applicant and the Council further finds that, whether or not said contract is legally enforceable, the unique circumstances surrounding Resolution #1178 and the subsequent placement of the MUSA boundary establish the clear intent of a past City Council which the current City Council intends to uphold. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) and a variance to Subdivision Code Section 11.10, Subdivision 14 (A) to permit the subdivision of the applicant's property to create a 1 acre lot with the existing resid -ice and a 2+ acre new building site in the RR-IB Zoning District where each lot would normally be required to contain at least twc acres in area, subject to the following conditions: Authorities granteo by this variance run with the property not with th‘ applicant, but are permissive only and must be exercised by application for a subdivision within one year of the date of Council approva., or this variance will expire on that date (January 11, 1994). Violation of or non-compliance with any of tlie terms and conditions of the variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicant has read, understood and hereby agrees to the te’^ms of this re.nolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. 1. 2 . 3 . Page 7 of 9 Adopted by the Orono City Council on this 11th day of January, 1993. ATTEST: Dorothy M. Hallin, City Clerk Edward Callahan, Mayor Property Owner(s) STATE OF MINNESOTA ) ) COUNTY OF HENTIEPIN ) ss. Th*-. foregoing instrument was acknowledged before me on this 11th de.y of January, 1993, by Edward Callahan & Dorothy M. Halloween, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public My Commission Expires Page 8 of 9 A RESOLUTION GRANTING PRELIMINARY APPROVAL FOR A PLAT AT 1385 POX STREET - PILE NO. 1779 VfHEREAS, Andrew J. Goetten, on October 23, 1992, filed a formal subdivision application with the City for approval of the two lot residential plat of property legally described as: That part of Lot 3, Section 2, Township 117 North, Range 23 West of the 5th Principal Meridian, described as follows: Commencing at the Northwest corner of Lot 3 aforesaid and running thence East 720 feet to the Northerly line on side of right of way of the Minnetonka Branch of the Great Northern Railway; thence Southwesterly along the Northerly line on side of said right of way 827.05 feet to the West line of Lot 3 aforesaid; thence North 423.1 feet to place of beginning, the boundaries of which tract of land have been marked by three judicial landmarks placed at the most Easterly corner of said tract of land at a point in the Southwesterly line and at a point in the North line where said lines are intersected respectively by a line parallel to and 33 feet east of the West line of said lot. Also that part of the West 33 feet of Lot 3, Section 2, Township 117 North, Range 23 West of the 5th Principal Meridian lying Southerly of County Road No. 7, the boundaries of which tract of land have been marked by four judicial landmarks placed at* the Northwest corner and the Northeast corner, respectively, of said tract of land, and at a point in the Westerly line thereof 298.3 feet South along said line from said Northwesterly corner, and in the East line thereof at a point 275.4 feet South of the Northeast co-ner thereof (hereinafter "the property"); and WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes 462.38 et. seq. and the City of Orono's Zoning and Subdivision Codes, the Orono Planning Commission Page 1 of 6 held a public hearing on November 16, 1992, 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 December 14, 1992, the Orono City Council considered the subdivision application of Andrew J. Goetten, noting the following findings of fact: 1. The portion of the property proposed for subdivision is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of two acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 3.66 acres, of which 3.01 acres is contiguous dry buildable land exclusive of 33 feet of right-of-way for Orono Orchard Road, wetlands, and the non-contiguous portions south of County Road 15 . 3. The proposed plat contains two lots. Lot 1 consisting of 2.01 dry contiguous acres and Lot 2 consisting of 1.00 dry conr.iguous acres. Lot 2 requires a lot area variance which has been granted per the findings and conditions of Resolution No. of the City Council. 4. Each of Lots 1 and 2 abuts a public roadway open to traffic, and each lot contains the required 200' lot width requirement as measured at the rear of the 50' front yard. 5. Lot 2, containing an existing residence, is within the Metropolitan Urban Service Area (MUSA) and is provided with municipal sewer as part of the 1900-1 Minnetonka Bluffs Sewer Project. Lot 1, currently vacant, will not be served with municipal sewer, is outside the MUSA, and has been confirmed as having acceptable primary and alternate drainfield sites. 6. A City designated wetland occurs within the property at two locations along the southeast border of the property. A conservation and flowage easement will be required over thuse wet land.s Page 2 cf 6 7. 33' of right-of-way for Orono Orchard Road will be dedicated within the plat. A small triangular portion of land shall similarly be dedicated as right-of-way for Orono Lane, from the portion of property located south of County Road 15. 8. No additional right-of-way will be dedicated for Fox Street. No upgrade of the existing Fox Street roadway will be reguired as part of this subdivision. 9. Lot 2 shall continue to gain access from Fox Street. Lot 1 shall be allowed access either on Fox Street or Orono Orchard Road (but not from both roadways) at a location to be approved by the Public Works Department. 10. The portion of property located south of County Road 15 and Orono Lane shall be platted as Out lot A, and shall be used in the future for no more than one of the following three uses: A. Ownership in common with Lot 1 as residential lake access for Lot 1. B. Ownership in common with Lot 2 as residential lake access for Lot 2. C. For sale or transfer to one of the two neighboring properties adjacent to said outlot, for legal comb...nat ion. Any use of Outlot A other than for one of the above three purposes shall require City Council approval. 11. A variance is required for side setback for the existing detached garage which will as a result of the newly create lot line be located 2' from the side let line rather than the 10' side setback requirement for detached accessory structures. Said structure is recognized as a non-conforming structure as is an existing shed and the existing residence, all such structures being located within the 50' defined front yard. Page 3 of 6 12. Lot 1 has been demonstrated to contain suitable primary and alternate drainfield sites to serve a proposed single family residence. Such a residence can be constructed on Lot 1 without the need for additional variances. 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 for Andrew J. Goetten at 1385 Fox Street per the survey dated 10-29-92, revised 11-5-92, by Coffin and Gronberg, Inc., subject to the following conditions: 1. A variance will be granted for lot area for Lot 2 per the findings and conditions of Resolution No. _ _ _ of the City Council. 2. A side setback variance shall be granted for the 2' side yard setback for the existing garage located at the northwest corner of Lot 2. 3. Lot 1 shall be granted access on either Fox Street or Orono Orchard Road (but not on both roads) at a location to be approved by the Public Works Department. 4. A dedication of 33' right-of-way for Orono Orchard Road shall be indicated on the plat drawings. triangular portion of Orono Lane shall be dedicated for Orono Lane right-of-way on the plat drawings. 6. Applicant shall execute a Conservation and Flowage Easement over the wetlands located in Lots 1 and 2, and such easement shall be shown on the plat drawings as "drainage easements". 7. Standard drainage and utility easements shall be granted along interior and perimeter lot lines. 8. The subdivision shall be subject to the standard park fee. 9. The lake access parcel located south of County Road 15 and Orono Lane shall be platted as Out lot A, and may only be used for one of the following three purposes: Page 4 of 6 A. Ownership in corrunon with Lot 1 as residential lake access for Lot 1. B. Ownership in common with Lot 2 as residential lake access for Lot 2. C. For sale or transfer to one of the two neighboring properties adjacent to said outlot, for legal combination. 10. The city shall have the judicial landmark at the east end of the property replaced to its correct location. 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 akd one'(l) copy reduced to 1" - 200'. Drawing to include: A Lot lines platted per preliminary survey by Coffin and Gronberg, Inc. dated 10-29-92, revised 11-5-92. B. Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. C. Designation of the wetlands in Lots 1 and 2 as a drainage easement on the plat drawings. 2. Legal documents required: A. Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. B. The applicant must provide certified copies of all recorded easements currently affecting the property. C. Signed and executed Consei/at ion and Flowage Easement document; blank area requiring description may be filled out as follows: Page 5 of 6 J " /er the drainage easements as shown on the plat of ( plat name )". 3. Fees to be paid: Total due: $200.00* A. Legal review and filing fees = $200.00 B. *Park Commission shall accept park fee in lieu of lands. The City Assessor has been asked to determine the fair market value of the unde'.eloped lands within the subdivision so that a park dedication fee can be determined. Applicant will be advised as soon as Rolf Erickson, the City Assessor, has submitted his findings. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 11th day of January 1993. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Mayor STATE OF MINNESOTA ) ) ss. COJNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of January 1993, by 2-arbara A. Peterson i Dorotiiy M. Hallin, Mayor & City clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 6 of 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1392 ZONING FILE #1777 - CONT. It was moved by Butler, seconded by Mayor Peterson, to Resolution #3214, #1777 John Thiesse, 3845 Bayside Road, aporoving variances for the construction of a complete second floor, entry addition and three-season porch. Ayes 5, nays 0. (#12 # 13) #1778 & #1779 ANDREW GOETTEN, 1385 FOX STREET - VARIANCE - PRELIMINARY PLAT Andrew Goetten was present. J. Diann discussion of this Item. Goetten abstained f»*om Callahan clarified that the Council did not desire to rezone the property In question. Gaffron reviewed this two lot subdivision, splitting a 3.6 acre parcel Into one 2 acre lot and one 1 acre lot. ThI# would require a variance to both the subdivision and zoning codes. He referred to Resolution #1178 adopted by the Council in the 1980s during the Minnetonka Bluffs Sewer Project indicating standards for future approval of this proposed subdivision. He continued, the MUSA boundary was located to bisect the property. The Ci ty Engineer has recommended requiring additional right-of-way dedication, which i s standard practice with all subdivisions. Because the road dedications make It impossible for the proposal to meet alI and subdivision requirements as noted by the 1980 resolution, staff roust recommend denial. It was moved by Callahan. seconded by Butler, to Applications #1 778 & #1 779 for Andrew Goetten, 1385 for a variance and preliminary plat approval proposed by the applicant, subject to deletion of the requirement for dedication of land for the cul-de-sac and the additional right-of-way. Butler indicated the staff memo implies the resolution adopted in the 1980s has somehow been voided. She felt a resolution adopte by the City Council is a binding contract and should be considerea done In good faith. Jabbour noted the Goettens paid for the right to subdivide the property In the 1980s by doing more than their fair share to •••'•J In the sewer project. He added the size of the new parcel is an Issue If the street dedication is not required. 6 MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 14, 1992 ZONING FILES #1778 & #1779 - CONT. Mayor Peterson interpreted the adopted resolution to condition approval of a subdivision on the proposal meeting all current standards. She stated she was hard pressac to approve a lot area variance with a subdivision. She asked what makes this request different and/or the same as other subdivisions requested. Gaffron stated the Council would be making a compromise to the street standards if this is approved without roadway dedications or upgrades, which makes it more difficult to enforce the standards in the future. Jabbour reiterated this is an unusual circumstance. He noted the former Counci I determined the sewer project was more important thar the additional right-of-way acquisition. Callahan referred to a similar case on Stubbs Bay Road whereby the City made concessions In the past to allow development, which has dictated future approvals. Mayor Peterson asked the ramifications If approved. Barrett felt approval might serve as a precedent. He added, the City made a decision in the past which they felt necessary for public safety, and now they are asked to pay the price. Callahan referred to a recent subdivision request on North Arm which the City recommended less dedication of right-of-way to facilitate the subdivision. Butler suggested approval per the applicant’s request, not requiring additional road dedication. Callahan accepted this suggestion as an amendment to his motion. Gaffron asked that Council approve tha dedication of the right-of-way for Orono Orchard Road and Orono Lane, which does not bring the parcel under the minimum acreage. Butler suggested approving only conditions #2 through 7 and #9 in the staff memo. Callahan agreed. Callahan suggested the hardship for approval m.ineil agreed to the subdivision by a contract which the counc determines to be binding. Vote: Ayes 3, nays 1. Mayor Peterson voted nay. CITY OF ORONO P.O. Box 66 Crystal Bayr MN 473-7357 55323 APPLICATION NO. 1778-1779 NOTICE OF COUNCIL ACTION Date of Notice: 12/17/92 TOt Andrew Goetten 1385 Fox Street Wayzata, MN 55391 COPIES:Paul Anderson Messerli & Kramer 1800 5th St. Towers Mpls., MN 55402-4218 TYPE OF APPLICATION: Variance Subdivision DATE OF TING: December 14, 1992 VOTE: 3 For 1 Against 1 Abstention COUNCIL ACTION - NOTION: To approve the granting of a lot area variance and subdivision as proposed, directing staff to draft a resolution including the following conditions of approval: 1. Dedicate 33* right-of-way for Orono Orchard Road. 2. Dedication of triangular portion of Orono Lane if not already dedicated. 3. Conservation and flowage easement over wetlands. 4. Standard drainage and utility easements along lot lines. 5. 6. 7. Park fee. City to replace judicial landmark at east end of property. Lake access parcel to be platted as an outlet, to be owned in common with Lot 1 or with Lot 2 or to be sold for combination with one of the adjacent neighboring properties. If you desire certified copies of the official council minutes, they are available from the City Clerk after review and approval by the City Counci1. The resolution will be presented for Council adoption at the January 11, 1993 meeting. PREUMINARY PUT FOR ANDREW J. GOETTEN IN QOVT. LOT 3. SECTION 2-117-23 HENNEPIN COUNTY. MINNESOTA 1 4»ta ^0*0 : 0 f4 1 0tS0i I % 0^4Si^ KitifTmq iMM. pwairtfgn liM I# itiM M * -r Al» IM WM if • tat fai 4 iMMl % 1 taM » it* tatita MWM ItaUta Mtaa ft7lta T. ita taBtatai if«b M itfWM THi* Mt**f fiBti «* taM UM 0t »tf fmitim- l» ••imim «• W*« feMwlMtMi mt tMi Mr** t« t*M Mi M«*Mt «• M m w« tilm IlMI I IMWillH ■* «Mr«MlMM«*- r 094* ^ gd4i • I tM • r<M.. 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Any future subdivision of the property must leave not less than one acre for the existing residence. 2. Any new building site which might be created will comply with all current zoning regulations at the time of subdivision, the intent of this provisicn being that any new lot created in the future is not intended to be served by the 80-1 sewer project but is intended to fully comply with all City on-site sewage treatment requirements. Therefore there is benefit to the property from the construction of the se«#er to the extent of one unit. PACI I __OF i. „iCITV : City of OROINO •. Of RESOLUTION OF THE CITY COUNCIL NO. _______ ORONO day of Adopted by the City Council of the City of Orono on the 11 August , 1980. Nest, Mayor ATTEST: Wa^t^^r R.^^B^son, city Administrator The undersigned owner(s) of the above described property has read the terns of this Resolution and agrees to be bound by the terms thereof. Property Owner Date Property Owner Date FACE _2___Of ,_2 I > I % s__: § 10.03 I. Alterations may be made to a building containing lawful non-conforming residential units when they will improve the livability thereof, provided they will not increase the number of dwelling units or bulk of the building. Source: Ordinance No. 172 Effective Date: 1-1-75 J. Apply to "Uses” Only. The non-conforming use provisions of the Zoning Chapter apply only to the use to which land and buildings are put. and do not apply to situations where location or height of structures, lot size or other factors not involving the use of the premises prevent strict conformance with the requirements of the Zoning Chapter. Where, however, such a situated existed legally under the prior applicable law, the Council will not unreasonably require strict compliance and will generally look with favor on granting of a variance under Section 10.08. Subd. 6. I^t of Record. A lot of record is any lot for whict a deed or t^g-fstered land survey has been recorded in the offic^o6""t+r€~"7t^ister of Deeds or the Registrar of Titles for Hennepin County, Minnesota, prior to January 1, 1975, and after approval by the Council if required. Source: Municipal Code Effective Date; 9-14-67 January 1, 1975 in an - - - - - - -- - - - ....w requirements of the Zoning Chapter as to area or width may be utilized for a single family detached dwelling purpose provided that in the judgment of the Council such use does not adversely affect public health or safety and the following requirements are A. Existing Lots. A lot of record existing upon District, which does not meet the met: Source: City Code Effective Date: 4-1-84 1. In "R" Districts of One Acre or Less and if the area measurements and width of that lot are within eighty percent (801) of the requirements of this Zoning the lot of record shall not be more Intensely develooed unless ORONO CC 253 I combined with one or more abutting lots or portions thereof so a to create a lot meeting the requirements of this Zoning Chapter, Source: Municipal Code Effective Date: 9-14-67 2. In "R" Districts of Greater Than One Acre and Served by Public Sanitary Sewer. A lot of record in any "R" District in the City in excess of one acre, which does rot meet the requirements of this Zoning Chapter as to area or width only, may be utilized for single family detached dwelling purposes if the Council finds: (a) It is at least one acre in size, and the average width of the lot is at least 100 feet; (b) It is served by public sanitary sewer; (c) It otherwise meets the requirements of this Chapter or other applicable City Code provisions. 3. In "R" Districts Not Served by Public Sanitary Sewer. A lot of record in any "R” District in the City not served by public sanitary sewer must meet the area ^nd width requirements of the Zoning Chapter and shall not be utilized *for single family detached dwelling purposes without Council approval. Source; City Code Effective Date: 4-1-84 ( B. ^mbination of Separated Parcels Prohibited, No lot or parrel which is divided by a public, private or platted road oT^ad easement, which results in any segment thereof being less than the minimum acreage required for that zoning dis trict, shall be allowed to be combined with any separated parcel of land across the road for purposes of qualifying under the minimum acreage, open space, required yard, setback or sanitary or septic system requirements, nor shall building or density credits be credited or transferred between such parcels under any provisions of this Chapter. Each separate parcel must individually conform to the provisions of this Chapter in connection with construction of improvements thereon. Source: Municipal Code Effective Date: 9-14-67 C. The separation by the transfer or sale of non conforming, undeveloped lots not served by public sanitary sewer, aligned in a contiguous arrangement, undivided by a public or P^£vate road or road easement and under same or common ownership is not permitted without Council approval. Council approval is not required if the separation of such lots results in individual building sites that satisfy the area and width requirements of the Zoning Chapter. Source: City Code Effective Date; 4-1-84 ORQNO CC 254 (4-1-34) I / fv;- § 11.03 21. "Improvements, Private" - Any improvement, required by this Chapter, which improvement the City or subdivider shall construct at subdivider's expense and for which the City will not assume any responsibility for its maintenance and operation and which shall not be dedicated to the City. 22. "Improvements, Public" - Any improvement, required by this Chapter, which improvement the City or subdivider shall construct at subdivider's expense and for which the City will ultimately assume the responsibility for its maintenance and opera tion upon issuance of the certificate of satisfactory completion. 23. "Lot" - A tract, plot or portion of a subdivision or other parcel of land intended as a unit for the purpose, whether immediate or future, or transfer of ownership or for building development. Every platted lot shall be a buildable lot or an outlot. 24. "Lot Area, Minimum" - Each lot shall contain the minimum area required for each proposed lot as prescribed in the ;jonftTo--&t^t^er of the City Code. In rural zones not served by sanitarysevT^, each lot must contain a minimum of two acres of. contiguous dra buildable land exclusive of wetlands, public and rivate right^’Of-way, vehicular or pedestrian easements, surface aPjds Lgluwr^e ordinary high water mark of any surface water or areas at or below the flood plain elevation for a specific property. All rural lots must comply with the City's on-site septic system provisions of the City Code. In urban areas served by sanitary sewer, each lot must contain contiguous dry buildable land equal to the minimum areas as prescribed in the Zoning Chapter of the City Code or half-acre, whichever is less, (exclusive of public and private rights-of-way, vehicular or pedestrian ease ments, surface areas below the ordinary high water mark of any surface water wetlands or areas at or below the flood plain eleva tion for a specific property) and have legal access to the building site without encroachment of a wetland or flood plain area. 25. "Lot, Buildable" - A lot or combination of lots or outlets which meet all of the requirements of the Zoning Chapter of the City Code and this Chapter for the intended purpose. 26. "Lot, Outlot" - A lot which is intended only for public or private roadways, open space or other use, which use must be restricted by the appropriate easement and which use must be approved by the City at the time of final plat approval. The use of the outlot will thereafter be restricted by the appropriate restrictive covenant or open space easement. 27. "Lot, Corner" - A lot situated intersection of two (2) streets, the interior angle intersection not exceeding 135 degrees. at the of such ORONO CC 419 (4-1-S4) To: Prom: Date: Mayor Callahan and Orono City Council Ron Moorse, City Administrator Michael P. Gaffron, Asst. Planning & Zoning Administrator January 8, 1993 Subject: Joint Use Dock License - Nelson/Gage/Qarlson, 500 Tonkawa Road List of Exhibits A - Application B - Plat 1 Tawing C - Dock Layout D - LMCD License Review Documents E - LMCD License & n 7/lfo two the Summary Mr. Nelson has applied on behalf of himself and the adjacent property owners for a Joint Use Dock License for storage of up to 9 boats. Discussion The three properties involved include 460 Tonkawa Road (Mr. and Mrs. Edwin C. Gage), 500 Tonkawa Road (Dr. Glen and Marilyn Nelson) , and 550 Tonkawa Road (Mr. and Mrs. Curtis L. Carlson) . This seasonal dock located at the Nelson property provides slips for 6 boats and 3 water bikes. Mr. Nelson made the appropriate application after being advised of this requirement by LMCD. The three properties have a combined shoreline length of over 1200 feet, and certainly have the ability to maintain individual docks with up to 4 boats each. However, for the sake of efficiency and to decrease the visual impact as viewed from the lake, they have combined their use into a single dock. These are precisely rhe conditions under which the City should encourage the use of the joint use dock concept. The LMCD has issued a Multiple Dock and Mooring Area License to Dr. Nelson subject to obtaining a City of Orono Joint Use Dock License. I am advised that the Department of Natural Resources - Division of Waters will be issuing a Multiple Dock Permit. Documentation from both agencies is attached. Staff RacoflHDandation Finding that the request meet.^ the letter and intent of the current joint use dock licensing section, staff would recommend approval of a 1993 Joint Use Dock Liccuse for Nelson/Gage/Carlson at 500 Tonkawa Road per the attached resolution. Isv RESOLUTION DIRECTING STAFF TO ISSUE A JOINT USE DOCK LICENSE TO THE OWNERS OF PROPERTY LOCATED AT 460 TONKAWA ROAD, 500 TONKAWA ROAD AND 550 TONKAWA ROAD SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANUARY 1, 1993 TO DECEMBER 31, 1993 WHEREAS, the City of Orono, hereinafter "City" is a (Municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other members of the public within the City; and WHEREAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulations of the navigable waters involves an exercise of police power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulation of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owneri, both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone, including those who assert the commonlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian owners and the Page 1 of 3 public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. This mutual right of enjoyment which is shared by riparian owners and the public generally includes the recreational benefits of the lake such as boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse of the limited riparian rights; and WHEREAS, the City has adopted reasonable regulations regarding the construction and use of lakeshore and dock facilities when such facilities are usea and maintained by three or mere families, which regulations include the annual licensing of Joint Use Docks pursuant to Section 5.42 of the Orono Municipal Code; and WHEREAS, the purpose of this Resolution is to set forth gbove noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attached, NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Page 2 of 3 Adopted by the City Council of the City of Orono at their meeting on the 11th day of January, 1993. ATTEST: Dorothy M. Hallin, City Clerk Edward J. Callahan, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of January 1993 by Edward J. Callahan & Dorothy M. Hallin, Mayor & City Clerk cf the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 3 CITY OF ORONO EXHIBIT A RESOLUTION NO. CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE I, LICENSEE: Property owners of 460, 500 and 550 Tonkawa Road Dock Address; 500 Tonkawa Road Agent:Robert Bauer, Attorney Address: 1350 South Frontage Road, Hastings, MN 55033 License Period - January 1, 1993 to December 31, 1993 II. BOAT DENSITY The number of in-place boat slips, lifts aiid buoys shall not exceed the number shown on the attached plan. Exhibit B, and in accordance with Resolution No. 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license. Authorized Boat Density per attached plan; Bay Transient (Day use only) Slips Permanent Moorage Slips Stubbs Bay Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoyi..' is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42, Subdivision 2 of the Orono Municipal Code. Exhibit A. Resolution NO. _ _ _ _ Page 2 III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LMCD. This issuance of th s license is subject to full compliance with these conditions ilure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. The nine approved slips are for the exclusive private use of the property owners at 460 Tonkawa Road (Mr. and Mrs. Edwin C. Gage) , 500 Tonkawa Road (Dr. Glen and Marilyn Nelson) and 550 Tonkawa Road (Mr. and Mrs. Curtis L. Carlson). V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use LaJce Minnetonka or the premises in a manner permitted by this resolution, but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities shall deem necessary from time to time in the public interest. (612) 437-1818 FAX (612) 437-8562 LAW OFFICES SAM HERTOGS & ASSOCIATES, PROFESSIONAL ASSOCIATION 1350 South Frontage Road Hastings, MN 55033 November 17, 1992 Mr. Mike Gaffron Assistant Planning and Zoning Administrator City of Orono P. 0. Box 66 Crystal Bay, MN 55323 Re: Joint Use Dock License for Dr. Glen Nelson and Marilyn Nelson Dear Mr. Gaffron: Enclosed please find the Application for a Joint Use Dock License on behalf of Dr. Glen Nelson. I have also enclosed a check in the amount of $68.00 for the license fee. Should you have any questions regarding this Application please do not hesitate to contact me. Very truly yours, FOR THE FIRM: BB:df Enel. Bob Bauer % < ^OV 1 9 *. CITY OF ORONO P.0. BOX 6 6 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 13 ' ^ (association) ANNUAL JOINT USE DOCK LICENSE APPLICATION Pursuant to Orono Municipal Code Section 5.42 CITY OF CW OFFICE i3U500i‘'jO inm Ov 71 63. OCr<tcEiPT-:m\ you ^ vC’C/n “f*» if"i 1 tWTi A f rzii rurrk Date Form Sent by City Staff /Y'' o- c " /c 1 1 /iC AS/ A 7/ Date Application Returned to City Fee Recived $By Employee Section 5.42 Subdivision 2. LICENSE REQUIRED - It is unlawful for any (group or association of persons or fairilies, more than two in number, whether incoroorated or not) to engage or participate use (of any la)ceshore property) without first having obtained a license therefor from the City. PLEASE COMPLETE ALL ITE.MS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY JANUARY 31 OF THE LICENSE YEAR. ASSOClATicN infcr:-iat:on 1. Association title or name (if any) 2. Lake Minnetonka Bay Stubbs 3. Person responsible for this application: Name Robert Bauer Phone (612) 417-3Ua. Mailing Address 1350 South Frontage Road. Hastings. MN 55Q33 Relationship to Dr. Nelson Attorney Page 1 of 5 6. provide a club or association gathering place for activities. Dock is located on (check applicable iten): X one r.enber's pri'/ate property. ___ easexent or outlot ovned in concnon. ___ property leased by the group/associati a. property owned by the group/association. Lu.st Dock locaticn end ovnersnip information: street address Tonkawa Road ___________ |.g,.1 property description NUi-SUt, Section 5. Townsl.lp 117, Range 23 PID t________________________________ luted property otT.er(e) Dr. Clen Nelson S Merllyn Nelson ______________ 8. Names of abutting lakeshore property owners; (North/West) Mr. ^ Mrs. Edwin C. Gage, 4b0 Tonkaw.i Ru.id» Uayzata, MN 55391 ~ ~~ (Name + Address) (South/East) Mr. i Mrs. Curtis L. C.irlson, 530 Tonkawa Road, Wayzata, MN 55391 (Name * Address) Names of other affected property owners; Nv-ine (Name + Address) (attach sheet if necessary) Page 2 ot 5 1 . • •• S . Insurance Coverage - The Jointly used dock is insured by one of the following: X property o’vnor's horreovner'o policy. ceporote group/association owned policy, list the following information: name of insured Dr. Glen & Marilyn Nelson aane of insurance carrier The American Insurance Company--------- name of insurance agency HarrIs-Homcya Co.. F.dina. MN 5542^ policy no. NZA 131 9205 effective date of coverage 6/3/92 amount of coverage; Public 1.'ability, per person, per occurence 300^00 Public llabil;ty, per occurence inn, non. Security and policing of the Jointly ’used dock and property Is provided by (check applicable Items); •• • fencing. x sec-ority lighting. property owner's presence. contract security service, other (specify) DOCK IhTORMATION 11. 12. List Dock Use Area Specifications: Vidth of shoreline; ft. Length of main dock fr^m shore; Dock setbacks from side property lines at shore; 3Qfl ft. Approximately Approximately ft. and inn ft* Dock Conatr'uctlon (check applicable items); X seasonal dock (relocated or replaced each year). permanent piling -.Ith seasonal deck. ___ permanent piling and decking X wooden decking.metal decking. 13. List Dock Accessories; of flro oxtlosulob.ro ovnU.bl, ot tbo dock Uumber of life orcser/ers available at the dock Shgd contain '•d’quatc preservers 14, U.t oaobor of .llr» lo o«cb cotogor;' lb=lud« bet lifts): Ten.loot (day us. ooly) .Up. _!_• Tran.i.nt(d.y u..) off-.hcr, buoy. --------. Permoaeat moorage off-shore buoys . — Maximus number of boats at the dock 9 Permanent moorage rllps -- - - -• Dry storage (rack) slips _ _ _ _ _ _• . narklnfl soaces available for users of the Joint use15. List number of off-street parxing space* Dubl'-' .40/.W Parkins; <f provided must not be separated from -he dock «y TJl: tpaci. (Residential, thers is nmpl. parking available) Dr. N.l.on'. .hor.Un. 1. l?rf.»°'th' ccbln.d .bor.lln., .ddln, Mr. C.rUo.-. .nd Mr. C.T*e's property Is 1.242 feet. ctosto ;i AMD S?:nlMaiTATION COOTROL 16. Shor3llne i= p.-rJtecto-l by (cb=ck ar.plic^ie it.ra::;: Stone rip rap. «od .=avai:.. __ __ conorute =cav=ll. ,x grass and vegetati>sn only. ot,.ber (j.-C.-y) 17. De.sth or water at sboreUr.e is i£_ rt; at 50 ft. out Is at 100 ft. out Is required attachments The following must accompany this a.opUcation. A. DOCK PLm'l - ALL ATPLICATICUS A doc.k plan, dra-.-n to ^^ayoura^d^dimenSoL of all docks,-slips side property lines and the loc . or other on-land functions are l^te^d:r\h “e1i:rrh::ifb:^rh;wfL=Sr^pL:. see attached Eahihits A.B. 6 C. B .........ooeeoosTrn canilPS OR ASSOCIATIOHS - Not Applicable 1. A list of the names and mailing addresses of all members and/or slip users. 2. A certified copy of the by-laws or \fthriolloi^n, copy is not recuired if the applicant initials and “ 1,’ Hatemen" "This l? a renewal application and our joint use docR operated under the same by-laws or agre^ent originally maue- - - - - - - (state year) and on file with the City. Applicant's initials C.incorporated clubs or associations - I A list of the names, mailing addresses and titles of all corporation officers. A statement as to the total number of bribers in the club or association.2. 3. members. — ified copy Of bne articles Note, These copies are no^ E£aul£. jp^Ucation a..a our joint use dock the following statenenwi Thi-. a.. . , „ in^orooration and/or by-laws as is to be operated under the same artic e . and on file with the originally made or last amended in - - - - - -_(state year; Z^tLY Applicant's initials Paae 4 of 5 / . D. annual license fee - ALL APPLICATIONS Joint Use Dock License Application fee according to the current City Tee Schedule INITIAL APPLICATION FEE RENEWAL JOINT USE FEE# per year PLUS SLIP FEE for each permanent moorage slip, lift, dry stack, or buoy 9 slips 0 $2.00 each TOTAL DUE THIS APPLICATION $ $ $50.00 $ $18.00 $68.00 LATE FEE - Renewals Applications for renewal of licenses shall be made no later'than January 31 of the license year. The City shall not accept renewal license applications received after January 31 unless the application is accompanied by a late fee of $25.00. REVIEW PROCEDURE When a complete application is received, the application will be reviewed by the City Council and, in the case of new or unusual app1icaitons, also by the Planning Commission and Marina Committee. "^he Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/C OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5,42 of the Orono Municipal Code, applicant hereby requests the Orono City Council to review th s Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliancjOitfisoections. Signed Date //-//' Page 5 of 5 npi v/ii / m w iSCALEM inch cquols 100 fact---------------------------------------------------------------------• ----------------- -------------- --------------------------------------------------------------- ^ Wo«rM Lime orTM* S W. i^or SCCTlO*J 5, TM7 SURVEYORS MAY, 1970 tt _ Mfgh#st rtcorded water elevation is 930,69 as par Minnesota Department ot Conserva11 on. 1 I •• II ! , /—*•./' \.c- iA h. \ \ •..? 9 4 » -vater elevation as ot June 2, 1970»929,3. it ^‘e \ j C 1 t.'> ' •- I I I I •I JUO'ClAl. L JAMO A K • ________________■ ■* •• |o : T I • • «J UOICIA.L. L^K»Or-9ARK BENCH MARK: Top of Judicial Landmark » Elevation 930.59 All elevations are on U.S.G.S. 1929 Datum, TRACT 'A- C, Ju O fCi A L. LAND ft A WX /»» TRACT TRACT 1 i 1 ► JIj• 0 TRACT NAMI':S AND ADDRESSES OE OWNERS OK ARUTTING SITF^ Mr. & Mrs. Edwin C. Guge 460 Tonkawa Road Wayzata, MN 55391 Mr. & Mrs. Curtis L. Carlson 550 Tonkawa Road Wayzata, MN 55391 Dr. Glen Nelson 500 Tonkawa Rd Wayzata MN 55391 -'A.'iiaJj Q I €• SH GOA? GAUI » )'—_ f. V 1 I• 1 -li §■ 1 Ift t (f» f/! 11 1 1 i 1 \ 1 ; 1 \ i 1 1 PiJtilCOf 1 MV^U *fJ \1 Otli r'jjia:;) < 1 0iC£nrf Ml COfi CAWt sen 1 : 1 3 \ wm m j:m JM, -9 ^, m -i L. - ¥ f c VVATEP HlKt'j I 0 7 S’, ■! AMjn I »JTl -Alf - 9U€ Iffi tAlt G«ASS * f J L* - I Plf F IP « i: ST(J| S m%^h.*9%u «» iiW 4 M r.«i LAKE MINNETONKA CONSERVATION DISTRICT PUBLIC HEARING DR. GLEN NELSON NEW MULTIPLE DOCK LICENSE Wednesday, October 28, 1992 7:00 PM Tonka Bay City Hall Dr. Glen Nelson. 500 Tonkawa Road, has submitted a multiple license application for nine boat storage units at a ck on his property on Stubbs Bay in Orono. This is a combined dock used by three properties; Nelson's, and the properties on each side ot Nelson s. The combined shoreline frontage totals 1,242 feet, for a boat storage density of 1:138*. The applicant has submitted a permit application to the l^NR. Mike Gaffron, City of Orono said that a joint use dock permit is required from the City. Attached is a check list to assist in reviewing this application. LAKE MINNEIONKA CONSLRVAIION DISIKId CHECK LISI fUH NEW WULIIE ’LE DOCK LICENSE AI'I’LICAIION Business Nome ond Address; Dr. Gicn Nelson 500 Tonkawa Rd, Wnyzata, MN 55391 Properly is locoled in Ihe ci(y of; orono Buy/Areo;Stubb ’s if 23 Sed 2.03. MuHiple Docks, Commerciol Docks. Mooring Areos. Lour’^'liing Romps. Subd. 3. Issuonce of Licer ’se. Licenses required by this section moy be issued otter o public heormg ond review by the Boord. Proceedings for the issuonce of o license ond the gronling of o vorionce under Sect. 1.07 moy be combined and conducted os one proceeding. Ihe Boord moy impose conditions on the gronting of o license, which conditions shoH be in writing. o) Review Crilerio. In exercising its discretion in gronting or denying licenses, the Boord moy consider, omong other things, whether the proposed focilily; Yes Yes Yes No Yes* Yes* No* No Yes No* No* 1) is compatible with the LMCD watercraft density dossificolion crilerio. 2) will be structurally sole for use by the intended users. 3 will comply with the regulolions co'^toined in this ordinonce. 4) will creole o volume of traffic which will tend to be unsafe, or which will couse on undue burden on troffic. in the vicinity of the focilily. 5) will be compatible with the odjocenl development. 6) will be cornpotible with the mointenonce of the noturol beouly of the Lokc 7 will of fed the quality of the woler ond the ecology of the Luke. 8) by reoson of noise, fumes or other nuisonce chorocteristics. will tend to be o source o nuisonce or annoyance to persons in the vicinity of the focilily. 9) will hove odequole sonilory ond porking focililies which will be provided m connection with the 10) wilue'vVi'he'Ijeneral public as opposed lo o limiled segment ol the public or o limiled 11) rfTbsl'fud ^occupy loo greet on oreo ol Ihe public woler rn relolionship lo ils utility lo Ihe generol public. b) foclors Not Considered. Ihe use ol rrrulliple doclr or mooring oreos or lounchrr.g romps on the Loire lot the purpose ol increosing non-tiporion properly volites rs not o vohd consrdetohorr in licensing such focililies. Comments; 5) This dock is in an isolated area with a lot of shoreline. It is a residential dock in a residential area. . . . 6) The dock is combined to make a lesser Impact than if three docks were put In^^ ^ private dock .md will not have a significant impact other than that of normal use at a residence. 10) This dock is for three private residences and is not open to t e public. ID The dock is within the dock use area for this site. Siqncd;t'/;u(L7tC6wuc(.f Rachel Thlbault L>ote 10/21/92 F H£CtlVhU OCT 0)992 UM.C.D. I ?: M '-I » * ‘M- • ** * • 11 L*iko Ml nn*j Conka (Njn !;o r v j r i <*>n Disrric LMCD Receipt _ _ _ City response dut?_ _ _ _ _ Iccc i ved Because this iorm is ! Co be copied, please ! use black ink or type.! (for LMCI) use) APPLICATION: W:W MULTIPLE DOCK, '.AUNCHING RAMP, .AND/OR MOORING LICEN.SL Uorjl. Nti.' License Voj« t!o. o( Doai B Loaf D'jn^ity Indr.': C.ii\ f»c r«.*ac!u ’d of pljone it Pursuant to LMCD Code §2.03, a new Tiultiplc dock license i .*? requested, in accordance with all data and other ini'>nnation submitted herewith and made e part liereof. Dr. Glen Nelson 574-3145 Print ot type owner's name 500 Tonkawa Road, Wayzata, MN ^391 Phone: 1f no answer, call: 473-0:33 Owner's address Business name (if different from owner)Phone; if no answer, call: Contact person (if different fioa owner) Street address Phone Mailing address (if different from street addr^ ) Property located In the City of Weymra n <_ </ »r> Property is riparian to LMCD bay/area(s) Stubbs Bay , Nq(s). #23 1.Classification of use per $2.11, Subd. 2 (please check one): a) commercial marina_ _ _ d) riansient_ _ _ _ _ _ _ _ _ _g) pr ivaco Tcpidcncc .X.X b) private club c) outlot associatlor h) ocher (explain) £ \9 . • < f f rfffwTl • ▼ m w 2. Type of dock construction, describe and attach to-auale drawing: .ood construction - see Exhibit A for scale drawing. 3. 4. Please submit name.s and mailing addresses of owjiers of ahuccin.^ situs and owners of other affected sites. Such owners n.iy be verified by checking v'lch Hennepin County property description offices, 348'3271, which can provide actual mailing labels at a cost oi $1.00 per tax parcel. This service usually cakes three days, .snd you nuct have your tax parcel idenc if icat io»\ number ready wnen c.slling for this assistance. Exhibit B. Documents listed below are requited; check that they are attached: Locator map X - See Exhibit C Scaled drawing showing present dockaf*eX^^Jigj|»_JTjJtlbit County plat wapX-See Exhibit DScaled drawing showing proposed dockage- Sge .£?<hlblt Ortlfled land survey. Scaled drawing of dorks on abuCftng properties. legal descrip .* onJi^ - §je and other affecced dock.tgex .-_iajtJEJ<hibit A. there Exhibit E are nu ‘Mut alfected dock or property Absence of significant data requested above could result in a procassing delay. ara. (r ) |M . . ‘ II' ■ J M I nl I .• -I I III 1 I jk .' (Njii.Sf I \* I f L» ’ "r . ; l ;i«?w JCM k License Appl icjl luri Dr. Clen Nelson (N.iifu*) ie(|uired p^orniits, Ii^^ ensos .jnd ^ipprovj 1 u fi.ive oI>f jineJ from rhe MN DNK and from the city in whivli ( lu. nialtiplo d<^ck , r j»a|), /ind/oi mooring is located, copies attached; ( )Yes (XX)*/o: If No, e xj> la i n : Appl ica t Ion with NN DNR has beenfi and a copy Is attached as Exhibit F. --------- -------------- 6. Public liability inour.ince: Covorag..- $_ ________; :,,nj>an v^See Kxhibit C. for insurance policy limits. All conmiurci.'il applicaata, and otliers uliute api>licablo, must f»rovi<!c the (ollovin;; additional informat ion 7, 8 and 9: 7.Check the nature ol services and parking rec^ulred by the city: a) Boat storage. . . . . . . . . . ... . . .- number of pat king cpacon b) Launcnlng ramps. . . . . . . .. . . .. . . - number of parkltig spacco T'ines ramp is open for public use: c) Sales. . . . . . d ) Service. . . . . e) Boat rentals. .. f) Restaurant. . . g) Other (explain) - number of parking spaces - number of p.irking spaces - number of parking spaces - number of parking spaces - number of parking spaces TOTAL parking spaces 8. Rest room facilities provided: Indoor, Outdoor portable (number), 9. Boat toilet pu iplng service provided? Yes_ _ _ No 10. ALL APPLICATIONS: Lake frontage of Jlte; _ t»3 tf« feet. Total s<pmre footage of dock .ire.i Including maneuvering space « ]().()<)() sq.fr. If 2<>,000 sq.ft, or over, an Environmental Assessment Worksheet (RAW) is required. /J Cr jv y Boar. Storage Unir.a (BSU) coiaput.it I on: Fronc.ige^ irilMr____ * 50 =• __24rr^ BSU * b allowable under the one-boat*per“flfty-foot rule. If tnis number In lens rhau the tot.il B.9U's applied for in No. 12 below, an applicatiou fur a Special Density License is required per Co«lo 12.OS. 12. Number of BSU'a applied fur: by Location bv Use H t ill Dfl. . . . . . 3 BSU f o l rent , JS#. «CC. .BSU at tlldcfs. . . . BSU lor • ervice work. . . . BSU at lifts. . . . . BSU for company uae..... .BSU .1 f fir one. . . . 3 BSU t or private use. . . .9 BSU At moofinAH. . . BSU for r r An ;• i rt» t use. . . BSU at off-Lake rack storaga. . . . BSU other Other BSU BSU Tor.M BSC appiie.1 lor;9.BSU rOTAL BSU applied luri •SU ( cont t rtued )I • <. I •: 1'M » f 'f I /1( •* 1 . ‘ Hum.-tutik.i f:oii ;rr v.a -on fU .r-i. L flew li.i -l l.i. .nr.r AppiicaMoii ^ e 1 s o n ( N i!ni* ) U. W.irerci.ift Stoiage Uij Uj, (WSU) 4 BSU Q 1 u«:i; -1 _ compucjfion flch<.*dul<:: -- - ana/ot BSU (? 3 WSU (each slip 40*^ to 48' long and/or up up up BSU lu'wide)4 WbU1 r wide)-3 'wsu 12'wide)WSU1wide )_wsu 16'wide)a wsu lo'wide)—_wsu ; t s (W.SU)16 wsu 14.Foe c«i Ictj I at ion . Base foe. . . . . Plus number of Watercraft Storage Units (WSU) _(3 $15 jg determined from WSU computation and schedule shown irT No. 13 above.... 500 240 Total fee enclosed (this fee is for processing of the application and does not entitle the applicant to a license). . . . . . . . . . . . $740.00 certify that the information provided herein and the attachments hereto are true an correct; I understand that any license issued may be revoked by the District for V Olaelon of the LMCD Code. I agree to reimburse the OlsCrict for any legal* survey ng* eaglneering, inspectioe, ■ainceoance or other expenses incurred by the District la excess of the amount of the application fee. I consent to permitting offlcera.end agents of the TistricC to enter the premises at all reasonable tines to investigate and to determine wiiether or not the Code of the District is belne complied with. EXHIBIT A Dr. Glen Nelson 500 Tonkawa Rd Wayzata MN 53391 I. / . . M'•—/ \i 1,1, . ' NAMES AND ADDRESSES OF OWNERS OF ABlTn ING SITES Mr. & Mrs. Edwin C. Gage 460 Tonkawa Road Wayzata, MN 55391 Mr. & Mrs. Curtis L. Carlson 550 Tonkawa Road Wayzata, MN 55391 KtCtlvu. OCT 61992 d u »- z I* D of I f 3 s Jo .. f </* . Dr Glen Nelson > Rev 12/91 ^OfPARIMfNT or ^ NATUtAt lESOUICIS • %-* PERMIT APPLICATION t,\>/ ^O' WORK IN PROTECTED WATERS OR WHIANOS (j I'"CIU»I"« OM SWITTI : I » uiHct u;;f ONLV PA NOTT-i iin^ nswco oc/c □ wo □USCOE ^piicani s Name (Last, first. Ml) ». Nelson, Glen Authorized AijE»nt (if .ipplicMt)!#*)Telephone Number a area coi*> (612 ) 574-3145 (wk) Address (bireet, RFO. Box Number. City. Slate. Zip 500 Tonkawa Road, Wayzata, MN 55 Code) 391 612/473-0333 (horn. LUt. AI lUN OF PR OPOSED PROJECT (BESUHE TOINCLUOE SKETCH SHOWING HOW lOGET TD THf SlTD Government Lol(s) None Firp Nn Rn« Mn nr Dr Quarter Sechon(s) NWT-SWj-Section 5 Seclion(s) No 5 Townshipis; No 11 7 Rangels) No 2 3 Lot. Block. Subdivision RLS - //1305 500 Tonkawa Road V ML TYPE OF WORK PROPOSED (CHECK ONE) Hennepin □ excavate □ till □ dram □ construct □ install □ lepati □ remove G abandon Q Other (specify) multiple dock ffTNMTf• PROJECT COST $ o IV TYPE OF PROJECT (CHtCK CNt) le'COOfsei„ _„(Stubh .1 Kno^ni Minnetonka, Bay #23 Bad □ shoreline □ shore protection f ] obstruction □ channel n harbor (J bridge U sand blanket □ permanent dock (j culvert □ riprap □ wharl □ dam S) other (specify) jnul_tI ple dock VI LENGTH OF SHORELINE AFFECTED (IN FEET) lOO* NoneVOLUME OF MATERIAL FILLED OR EXCAVATED (IN CUBIC YARDS) BRIEF EXPLANATION OF PR0JECT:(EXPLAIN WMM PROJl CT CONSISTS Of and how work will be done ) I was infnrmorl nn fl/l7/Q0 aa j_ _^ ^ ^on 8/17/92 by the Lake Minnetonka Conservation District that a multiole dock application was necessary in order to store more than 5 restricted wateJerafJ at The existing dock is large enough to handle the storage of these watercraft and there will be no need to expand the existing dock structure. PURPOSE OF PROJECT: (Explain why this proieci is needed) ~ ~ ' |S:;ir:rEpi:“r ire IhLtr Carls.^n and Mr. E. C. Gage) with adjacent shorelines•re snaring a common dock on my property. I. EIMRRRMENTAI MMCT (Anticipated changes lo the water and related land resources including unavoidable but detrimental effects)' B None anticipated. BTEMMTIVES (Other alter natives lo the action proposed) ^ construct docks, but this would encumber lake shoreline that Is presently unencumbered. I h*f*b)r m«k« applicaiMn pursuant b M.mwsotj Stables Chaps-r 103G ?aS and s ;c(wn.n9 rules for a p.-p>*t b • >*1 *n w a'»eci ?>e at«ve named protected wa*f<sl« accordance wnh a* supporting maps, plarrs. and other .itormaton set, cuted ivMhis 3p,' icatK)n the mlormaton sjt»n ;pd and statement* made concirninf application aif lnj9 and ccnect to th# best ol my Knowipt^ STATf Of mmrr m fY\ cyo Wa. r\r\ ^ SlifeiOiM at^ iRborn to bflovv iwf thi% dm. o( CcV»Vr ^ '•‘I^njlipf ot oJ Anpnf SiqnaTufP (?T eip<r« J - ' ^ “1 n •Totil fihi’i f 1 1 tic ittcludlng adjacent neighbors is I , ) 1/* ft. Date IoU\i ^ Oaff Distribution e .t •Mattr^ f M 0 White ONR Blue SWCO (keen Watershed Distncf CjoiiJeruud City or County PmW Army Corps Of Engineers Canary Apptfcar>t I - NOTICE -WATERS OF THE UNITED STATES n You should be aware that projects wiH mvoive drainage, eicavaton. fill or impound<T»ent of weCands o* wafers of United Suites. e\e^ those wetlands outside of the jurisdiction of the DNR. require an indwidual permit from the US Army Co^ps of Eng neers Per%ons prrirovrg such projects should conCict te Regulator Branch, U.S. Army Corps of Engineers. 142IUS PostOMice and Custom House. Sl Paul. Mmnesoti SStOl 14 73(telef^one (612) 220 0375) tor fur ^e'm'orrDatcn - ADDENDUM - NOTICE TO APPLICANTS FOR DNR PERMIT TO CHANGE THE COURSE. CURRENT OR CROSS SECTION OF PROTECTED WATERS IlM- Ot|)JrlM.pnl i}l N.tlu-dt neSOt/.rrs 'DNIl J-'(11*>.> Pn'Iut.on C' "t”)l A ).--': > '1^-' •* ' .* ■ "'-I P-'l c!''!’'-' ''I'’"' • p«oposoO .icI'vil'OS dlleiUHJ (M'ilfy.lC'J ' M mu suia l*ir jn jr^’orl ''J"'- \ m | 11 ONB iml f‘( Am m.iwm/r »!'■ ■' Ami in r'V’lji lii'q ItJlr aqerKics lor protect aiiproval Please complete it»is form bv P'a«'fkj ^ »* ri'i.* jnimp'.m tx't i--** , ’ . . » ••••‘•v hs • * tf»» iuw«s i»sit*d uo t^»s fom^ piaie.w^ X IIprotect irvill involve <ir»v of't>r» ar*’»r’>ns‘‘M"'! to» hot»»S I tr**noi|*'H i •{ 'iM;-.*n.i ,f., n fo» a rdcd to r>.,1^,1,jn Corifrot Ai)on< » (f*CA| lor lhe*r revir»w If a sno.vafn PC A pp»mii apfVOva‘ 'S ••:rnii»o<1 you A«'i he so r»oT * » 11-, rhi* Pr A Race an X the boi if ar>p»»caM*' 1 The protect will involve the (ji-’ixJS'iior'of Jsiil'.iM ' or i nr** t. ui ' ••».\i.i • '•••.».• H Q 7 The profect wifl mvolve e«ravatior^ of materials f»or^» tnotected wales thfLnjqi'* fiv- .iv.-1,1 .m% m-xH «• Ah»r ^ iMjt»*«,.iK i»> pump»nq or sui t»on artier* lie hydr auk dredging I 3 The protect will nvolve etcavation of O*o»r tImm t rxvjrutur »,vi1s rr*.vr'»-i'm,. h.wts oi mr l-Vio,s.iw| A .l»*»rs a I jkr Pegri on the Mississsx^ Rr^cr ffl'v^r m»li‘S 76J tn 7M 71'Si F < r*.iii’.* b Pod •7n\ it>e Mississippi Rrv»*r tr.j#.i loi > A O.im -• I i|r*c Fooj Djmi Im I <. ^ A Pm' ; M.i.fis'. Miw.i •ii.u .» Ut?C{ I h »•»’*» C Mmnesofa R»ver from Savagr* to 'is ov)ufh at thp Miss'ssippi Rive* ‘Mile USCt Riv»'i i ria»i» d Duluth Sutieonr Hartior .rwl ihe Sf lo*iis Bay arpa of tt>p St 1 oms Rivp» i»‘ r^.i.»» | to Si»"*f I e The Tarmoni cham of lakps *vAiO-*g Burin S »eton Hart arvj Amhpr l i*. s n Ma»f»'Counf v f A (ben lea L all e TreebornC*iuniv 9 Warroad River Upper Harbor Area ciicnclmg from fhf mouth ol Iho Wjun.ifl R*vr'f to CSAM No ( t h Red Riv€f of the North from Wahpeton to the Canadian border 4 The protect wii eivolve eicavafion arx) or fi« m protected waters for co*'struc!.of* of ut*!nv ' arryir*g any maipnais ept ifcaied water m a f»qu»d oi scmisofcd slate, including but rvtWruted to petroleum or petroleum products chemicals sewage or coal slurrtcs 5 The proiect will mvofve rons’nciinn of docks piers or wharves whw:h will mvofvp rw/ fiiel h.wflwig facrlrfies 6 The protect win mvofve new constr ict on rec(^struction or repair of structiifps for g»-np»alion of hydiocWn tnc pow»f 7 Ihe protect WI* mvolve construction of new arKiHary faolilier: for sarvtary sewers ba.it p*impouls on site waste treatment or hokiirxg tanks 8 The protect wJ mvoNc the on sue disposal by burrvnq of vegetation 10 be removetl diAung proj^t (onsburtion 9 The protect w4l rv>t mvdve any ol ihe above Applcani rwne Dr. Glen Nelson Applicant ^ Ityptnr prmll Signature / A(ipfcc*n« «Wrn«500 Tonkawa Road, WayzaCa,MN ✓ 55391 G□ □ □ □□ □□ □ □ □ □ □ M DIVISION OF WATERS ADMINISTRATIVE REGIONS V.. •nv REGION 1 Regional TTydroloqisf DNR Oivision of Waters ?1ib E3irLhfTK'rii E3e.'i<:H 3.1(1 N i. Oemidp. MN 56601 (210) 755 3973 REGION 7 ftngional HydrologiSl ONR Orvision of Waters 1201 East Highway 2 Grand Rapids MN 55744 (210) 327 4416 1 1 HtGION ) |. MydrrUogiSt ONR D'-riSion of Waters 1601 Minncsola OmvC 0r«1innrr1 MN 56401 (2t0) B20 260*1 REGION 4 Mpgionjt H,<1r rjPjgiSl ' )P4M riwis III of Wa*ms |1m« ' Miqhwi, IS Snilh *it w I (••*’ MN *»ri0 >’ 3 ib0 7) 359 6053 REGION 5 Regional HyUrologrSi DNR O'v'S'on of Wafers RO Be * 624 7 Rochester MN 55903 15071 205 7430 REGION 4 Hegiona* hryd'oiogist ONR Or-'Sion of Wafers t 200 W i» t>» f Mo.yfi St Piuf MN 55106 |6i4') 772 7910 Lake Minnetonka Conservation District To: Lake Minnetonka Sun/Sailor for Excelsior, Minnetonka Wayzata, and Westonka editions From: Eugene R. Strommen Executive Director 473-7033 Date: October 7, 1992 PUBLIC HEARING NOTICE DR GLEN NELSON NEW MULTIPLE DOCK LICENSE The Lake Minnetonka Conservation District will hold a public hearing at Tonka Bay City Hall, 4901 Manitou Rd Tonka Bay, 7 pm Wed, October 28, 1992 in the matter of a new multiple dock license application from Dr. Glen Nelson for nine boat storage units on a combined dock with two adjacent properties at 500 Tonkawa Road on Stubbs Bay, City of Orono. Eugene R. Stronunert, Executive Director Lake Minnetonka Conservation District LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAY7ATA BOULEVARD. SUITE 160 • WAYZATA. MINNESOTA 55391 • TELEPHONE f 17 473 7033 EUGENE R. STROMMEN EXECUTIVE DIRECTOR December 15, 1992 BOARD MEMBERS David H Cochran. Chair Greenwood Tom Penn Vice Chair Tonka Bay Oougfas E Babcock. Secretary Spring Park Scot! Carlson. Treasurer Minnelnsta Mike Bk)om Minnetonka Beach Albert (Bert) Foster Deephaven James N Grathwol Excelsior JoEHen L Hurr Orono William A Johnstone Minnetonka Duane Markus Wayzata George C Owen Victoria Robert Rascop Shorewood Tom Reese MourxJ Robert E Sk)cum Woodlarxj Glen Nelson# M.D, 500 Tonkawa Road Long Lake# MN 35356 Subj: 1992 Multiple Dock and Mooring Area License The Lake Minnetonka Conservation District Board of Directors has approved your multiple dock license for the 1992 season. The license and the approved site plan with stipulations, if any. are enclosed. Any change recjuire a new license* Your continuing cooprration in our "Save the Lake program is appreciat ‘d. Sincerely. LAKE MINNETONKA CONSERVATION DISTRICT i)'-tieSjJ; / lac he 1 Thibault Administrative Technician kujJJ eucl: license, site plan c/enclJ municipality DM P- -r .1 — DE c 1 8 i|B No.114-92 il$300 New appl fee $ 240 WSU fee 16 WSU 9 BS Units MULTIPLE DOCK AND MOORING AREA LICENSE LAKE MINNETONKA CONSERVATION DISTRICT County of Hennepin, Slate of Minnesota ss. wulkcas . 500 Tonkawa Rd., City of Orono hn« niiid the sum of aeven iiunor eu iuily ----------------------------------------------—-------DOLLARS to the Treasurer of said LAKE MINNETONKA CONSERVATION DISIRICT as required by the Ordinances of said District and complied with all the requirements of said Ordinances necessary for obtaining this License: NOW, THEREFORE, By order of the Board of Directors of said District and by virtue hereof, the said Glen NelsoPt M«D» _______ is hereby licensed and aulhoriied to op.«t. . muUiple dock «bi«l .0 .nd lu.«e densi.y poU«« »"<• '» ““ ,. ri.v nf nr„.,n Ininr-Iisp dpfh nerBU liflnr nhr..ln«d- for the period cf the ending Dec. 31 season and 19 92 subject to all the conditions and provisions of said Ordinances. Clv.n umle. m, h.nd ...d the co.|.o..(. «»l ol ih. lAKt MIINNEIONKA COINSEHVAI ION OlSIlllt I Itn. 2nd . day of .. a .D. 19 _2I_. /Vv / ^ ... 1./fe'TT-r) ? ____________Aitesf^f secutive Director Eugene R. St rommenChamnan David H. Cochran J(o (jJ^ Ci_1 Dr. Glen Nelson 500 Tonkawa Rd /X-J-fX Long Lake UN 55356 City of Orono STUBBS BAY ott I p?J % H ‘ • i 1 1 k ,« r<ft i t*' ■>, TO:Mayor Callahan and Orono City Council Ron Moorse, City Administrator FROM:Michael P. Gaffron, Asst. Planning & Zoning Administrator DATE:January 7, 1993 SUBJECT: Lake Use Committee Staff requests Council's direction as to the future membership and met ting dates of the Lake Use Committee. Please recaxl that the Marina/Joint Use Licensing Ordinance revision was held over to the last Co *.ncil meeting in January pending additional review ch Ii TO; FROM: DATE: SUBJECT: Mayor Callahan and Orono City Council Ron Moorse, City Administrator /' Michael P. Gaffron, Asst. Planning & Zoni^MMjdmirfi^trator^l'^ January 7, 1993 Shoreland Flexibility Request - Cif' of Minnetonka Attached is Minnetonka's formal request for flexibility from the DNR's Shoreland Management Standards. Flexibixity is requested in the following areas: 1. Structure height (requesting 35' instead of 25') 2 .Reduced lot sizes for a duplex, triplex and quad residential development. 3. Reduced setback standards for accessory structures and decks. 4 .Hardcover (requesting 30% in 0-150', 75% in 150-1,000' zone - subject to "Shoreland Impact Plan"). Please review the Minnetonka request ard advise staff of any response Council wishes to make. Per Council's December 14th direction, standard letters of no objection to the Cities of Deephaven, Excelsior, Greenwood and Shorewood have been diafted for the Mayor's signature. .A letter to the DNR nearly identical to that previously mailed regarding the Cities of Spring Park/Wayzata/Tonka Bay/Woodland/Minneuonka Beach has also been drafted. Staff has not drafted a letter of response to the City of Mound as Councilmember Goetten was to do this. ch phone no. ^JATi Of ^DEPARTMENT OF NATURAL WATERS, 1200 WARNER TD., ST. PAUL, (612) 772-7916 M RESOURCES MN 55106c_ —.PttFNO ll: January 4, 1993 The Honorable Barbara Peterson Mayor, City of Orono P.O. Box 164 Crystal Bay, MN 55323 rjAN' e 1993 Dear Mayor Peterson: REVIEW AND COMMENT ON CITY OF MINNETONKA'S REQUEST FOR FLEXIBILITY FROM STATE OF MINNESOTA'S SHORELAND MANAGEMENT STANDARDS As required by the statewide shoreland management standards, the Comnissioner of the Minnesota Department of Natural Resources (DNR) and the City of Minnetonka are hereby notifying your city of Minnetonka's request for ilexibility from the statewide standards as outlined below. In accordance with the rules, the Commissioner and the city must solicit the input and approval of other governmental bodies that could be affected or impacted by the alternate controls. The city and the DNR are asking that you pr'ovide your review and comments, if any, to either DNR or the city within 45 days of the date of this letter. If no response is i^aceived prior to then, we will assume that your .. * -y has no concerns with the neighboring city's proposal. The City of Minnetonka is requesting flexibility from the following statewide standards: 1.Increase in the structure height limit. Statewide standards require that a 25 foot height limit be app3ied to all new structures in residential land use districts in cities. The city is requesting the use of flexibility to all<^w structures a height limit of 3 5 feet in residential land use districts, to keep many existing residences already constructed above the 25 foot limit from becoming nonconforming structures. The maximum allowable structure height under the "old" state shoreland rules was 35 feet. 2.Reduction in lot size for duplex, triplex, and quad residential development. The city requires a minimum lot size of 22,000 square feet for riparian lots and 15,000 square feet for nonriparian lots for lots of record created before February 12, 1966 for both Recreational Development and Cenoral Development lakes. The minimum AN equal OFPOnTUNlTy employed city of Min.'etonka Flexibility Request January 4, 1993 Page (2) DNR standards for Recreational Development lakes is 20,000 and 15,000 square feet for new riparian and nonriparian lots and new lot sizes of 15,000 and 10,000 square feet for riparian and nonriparian lots in General Development shorelands. The city notes that there are not many existing undevelopea single lots in either the Recreational or General Development shorelands that do not comply with DNR's minimum single family lot sizes. The city is requesting flexibility to reduce the minimum lot sizes for duplex, triplex, and quad developments from the minimum DNR standards. The city standards require minimum riparian lot sizes of 25,000 square feet for duplexes and 30,000 square feet for triplexes and quads and minimum nonriparian lot sizes of 20,000 for duplexes and 10,890 square feet for duplexes and triplexes. The city and the developer usually agree on larger lane' areas for these type of developments but the individual buildings when platted are often less than the required lot area to allow for individual home ownership of units with common open space provided within the development. The average lot size of the development as a whole generally meets the shoreland rules. 3. Reduction of the setback requirement for accessory structures and decks. The city is asking for flexibility to allow setbacks for accessory structures and decks to be allowed no closer than 35 feet and 25 feet respectively. The statewide standards require that accessory structures be setback the same distance as the principal structure and decks cannot not be located closer than 15% of the principal structure's setback or a maximum of 30 feet landward of the ordinary high water level of any public varars. The statewide rules also allow water-oriented accessory structures to be located within 10 feet of the ordinary high water level. The city will no longer allow any water oriented accessory structures closer than 35 feet from the ordinary high water level to maintain equity for all riparian shoreland property owners. 4. Relaxation of the statewide standards requiring that impervious cover in the shoreland area be limited to 25%. The city is requesting that it be allowed to increase the impervious lioit up to 30% in the shoreland area located within 150 fec't of the ordinary high water level. For the remaining shoreland, impervious cover couM approach 75%. The rationale for this request is thdt the City of Minnetonka is estimated to be 95% developed and city of Minnetonka Flexibility Request January 4, 1993 Page (3) i!T.position of the 25% ct /erage rule would create numerous nonconformities. Any proposed new developments exceeding impervious coverage of 30% within 150 feet of the ordinary high water level or 75% in any other part of the shoreland district must provide shoreland impact plans addressing water quality impacts to affected lakes and streams and compliance with the city's stormwater management plan. The maximum allowable impervious surface coverage under the *'old" state shoreland rules was 30%. Minnetonka has presented its requests for review by DNR with its city staff and representatives of 11 Lake Minnetonka cities who are working together as a Technical Review Committee for the purpose of reviewing and discussing Lake Minnetonka flexibility requests. No problems with the city's request have been noted at any of those meetings. As stated earlier, please have appropriate staff review the proposed flexibilicy request and, if necessary, provide your comments to me at the address listed above within 45 days. If there are any questions, do not hesitate to contact either Bob Worthington, Minnetonka's Assistant City Planner at 939-8200, Cail Strauss of this office at 772-7910 or me at 772-7916. Sincerely, LA A Edward L. Pick Shoreland Hydrologist c: John Line Stine, Regional Hydrologist Ogbazghi Sium, Supervisor, Land Use Management Unit City Adrainistrator/Clerk vX 7 o o v\ \ f$7•S)&^> / CITYofORONO Municipal Offlcca pMOfIkallovtf Coital Bay, MkumoCa 5S3234IM :iVE^yo«:y January 11, 1993 Mayor Richard Engebretson City of Deephaven 20225 Cottagev'ood Road Excelsior, Minnesota 55331 Dear Mayor Engebretson: Orono has reviewed your suggested sboreland regulations and the flexibility requests contained in your submission. We find no reason to ^7bject to them. We will also be expressing our view separately to the DNR. It appears to us that the DNR should be pleased at the time and effort made to meet objectives while dealing realistically with the current and prospeciive state of development in your community. Sincerely, Ed Callahan Mayor EC/ch TUl.l'NONC - 473.73S7 • FAX -^TViFlO M /.C6^X /oo\ I *GlTYofORONO Mur>rl|MlOfflcci PMOfflccBoitf Co<^ Bay. Mliwnota «93ZV0M* January 11, 1993 Mayor John E. Anderson City of Excelsior 339 Third Street E;c-elsior, Minnesota 55331-1877 Dear Mayor Anderson: Orono has revieA^ed your suggested shoreland regulations and the flexibility requests contained in your submission. We find no reason to object to them. We will also be expressing our view separately to the DNR. It appears to us that the DNR should be pleased at the time and effort made to meet objectives while dealing realistically with the current and prospective state of development in your community. Sincerely, Ed Callahan Mayor EC/ch mxPHONE - 4fry73ST • fhx-4rymi9 o o CITYofORONO Mufiklpal Oflktft Poil Office Bon 66 Cr>stal Bay, >tifincsota 5S323-< January IL, 1993 Mayor Alan Albrecht City of Greenwood 20225 Cottagewood Road Greenwood, Minnesota 55331 Dear Mayor Albrecht: Orono has reviewed your suggested shoreland regulations and the flexibility requests contained in your submission. We find no reason to object to them. We will also be expressing our view separately to the DNR. It appears to us that the DNR should be pleased at the time and effort made to meet objectives while dealing realistically with the current and prospective state of development in your community Sin:erely, Ed Callaiian Mayor EC/ch TflCniONE - <73-7357 • fAX ■ 4734SII O ! ■'’ M • \o w\f i //■ \CITY of ORONO Municipal Offices Pori Offkt Boi Cr>^ flay, MinnesoCi 553ZJOOM January 11, 1993 Mayor Barb Brancel Cifv of Shorewood 5755 Country Club Road Shorewood, Minnesota 55331 Dear Mayor Brancel: Orono has reviewed your suggested shoreland regulations and the flexibility requests contained in your submission. We find no reason to object to them. We will also be expressing our view separately to the DNR. It appears to us that the DNR should be pleased at the time and effort made to meet objectives while dealing realistically with the current and prospective state of development in your community. Sincerely, Ed Callahan Mayor EC/ch TUfPHONK - 473.73T • fKX - 4T>«5I* /o 0\ i'fe:a CITYof ORONO MufM|KlOffit« Past Offirc Boi 66 Cr>^ Bay, MlrmooU 5S3154MM January 11, 1993 Mr. Ed Pick, Shoreland Hydrologist Minnesota Department of Natural Resources 1200 Warner Road St. Paul, Minnesota 55106 Re: Shoreland Flexibility Requests Dear Mr. Pick: Orono has reviewed the flexibility requests from the cities of Deephaven, Excelsior, Greenwood and Shorewood. As we have informed ear’h of them, we have no objections to the requests, and we wish to convey that fact directly to you as well. While certain of these cities may have submitted flexibility requests somewhat broader than an ideal model might call for, it appears to us that these same cities have made every effort to constructively address the overall objectives of the proposed regulations. Considerable time and effort have been expended by them and their professional consultants. We recognize that the actual state of existing development in a number of Lake Minnetonka cities far exceeds that which would be allowed under the model ordinance, v/e also recognize it is likely inevitable that certain commercial or semi-conunercial activities will require a continued high density of use under future development and redevelopment. Given these facts, we believe you should grant these requests, or agree to the substance of them. Of course, we appreciate the need for your thorough review to determine which can be modified, or in fact are purely peripheral to the main problems of a particular city, before granting them. Sincerely, Ed Callahan Mayor EC/ch IH.IJ-IOW' - 471-73r • M r34Hl» TO: PROM Ron Moorse, City Administrator Dorothy Hallin, City Clerk DATE January 0, 1993 7 SUBJECT: Park Commission Liaison Schedule / * ' The following is a proposed schedule for Council attendance at the monthly Park Commission meetings. February 1st March 1st April 5th May 4th June 1st July 6th August 3rd September 7th October 5th November 1st December 6th Mayor Callahan Councilmember Goetten Councilmember Jabbour Councilmember Hurr Councilmember Kelley Mayor Callahan Councilmember Goetten Councilmember Jabbour CounciImemJoer Hurr Councilmember Kelley Mayor Callahan I J 1 To: From: Data: Subject: Ron Moorse, City Administrator * rJohn R, Gerhardson, Public Works Director "'“•a ■January 7, 1993 Bike Hike Trail Old Crystal Bay Road On December 14, 1992, Richard Flint Park Commissioner Chair advised the Council of the progress for preparing an agreement with Hennepin Parks for constructing a Bike/Hike trail on Old Crystal Bay Road and County Road 6 from Baker Park to the Luce Line Trails. After discussion Council approved proceeding with the project but did not designate a funding source. In order to follow proper procedures I have prepared a resolution to direct the City Engineer to prepare plans and specifications and to obtain bids for the project. When Dids have been received they will be presented to Council for approval. L. A RESOLUTION ORDERING PLANS AND SPBCIPICATIONS FOR THE OLD CRYSTAL BAY ROAD TRAIL PROJECT < ' ’ NHBRBAS, the City or Orono is a municipal organization existing under the laws of Minnesota, and WHEREAS, the City of Orono has prepared a feasibility study to determine the feasibility of constructing a Trail adjacent to Old Crystal Bay Road from the luce Line Trail to CSWi 6 and adjacent CSAH 6 from Old Crystal Bay Road to the Hennepin Parks property west of Homestead Trail, and WHEREAS, the City of Orono did negotiate a cost sharing agreement with Hennepin Parks. NOW, THEREFORE, BE IT RESOLVED, that the Orono Council does hereby direct the City Engineer to prepare plans and specifications and to accept bids to determine the cost for the Trail construction. Adopted by the City Council at a regular meeting on January 11, 1993. ATTEST:Edward J. Callahan, Jr., Mayor Dorothy M. Hallin, City Clerk TO: PROM: DATE: SUBJECT: Mayor and City Council Michael P. Gaffron,^ Asst. Building & Zoning Admin. January 8, 1993 Pay Request #1 Final - Topographic Mapping •vr^ 1 ... Horizons, Inc. has completed topographic mapping of the northerly 50% of the City, comprising approximately 11 square miles. The City Engineer has reviewed the final maps which have now been delivered to the City offices (along with a set of aerial photo print;:), and recommends approval of payment in the amount of $43,235.00 as contracted. A p’-oposal for mapping the remainder of the City will be brought to Council within the next month. Proposed Motion - Moved by to Horizons, Inc. in the mapping services. , seconded by _, to authorize payment amount of $43,265.00 for topographic ^^0 H()RI/0 \S, l!\ C. ^ Aerial Mappinit I’rofessloiials DATE: INVOICE N; 2504 3600 Jet Drive • PO Box 3134 Rapid City. South Dakota 57709-3134 Te'ephone: 605/343 0280 Fax 605/343-0305 12-21-92 AMOUNT DUE:$ 43.265.00 Cky of Orono 1335 Brown Road South Crystal Bay, MN 55323-0066 JOB NO.: P.O. NO.: 2-8942 (Final) ORDERED BY:Mike Gaffrin D«tach and Enclose To£ DATE: 4 12-21-92 AMOUNT DUE: City of Orono 13 j 5 Brown Road South INVOICE NO. $ 43,265.00 02504 Crystal Bay, MN 55323-0066 JOB NO.: P.O. NO.: 2-8942 (Final) ORDERED BY:Mike Gaffrin RE: City of Orono, Minnesota Areial Photography ralOO* Digital Topographic Mapping Showing 2* Contours INVOICE TOTAL $ 1,000.00 42J65.0Q $ 43,265.00 u very much! James M. Spell President rFiI ll ^ ^ ^I [ fU.IS . Mi*r -' M I ♦ ' if »:■% ^ 4- • ' DEC 2 9 1992 1____ \ TO:Mayor and City Council Ron Moorse, City AdministratorFROM ; DATE: January 8, 1993 SUBJECT: Resolution Concerning Annual Appointments At the beginning of each year the Council adopts a resolution making appointments to various official positions. Several appointments will change for 1993 due to changes on the Council. The attached resolution lists the appointments reflecting the current Mayor and Councilmembers. \ CITYofORONO RESOLUTION OF THE CITY COUNCIL NO. _______________ A RESOLUTION DESIGNATING SELECTED APPOINTMENTS FOR THE YEAR 1993 BK IT RESOLVED, by the City Council of the City of Orono, Minnesota that th appointments and designations for the year 1993 are as follows: APPOIMTMINT/DESIGNATION Acting Mayor Planning Commission Rep. to Council Park Commission Chair Representative to lake Minnetonka Conservation District Representative to A sociation of Metropolitan Municipalities Legislative Liaison AMM AMM Legislative Contact Lead Attorney (Civil) City Attorney Firm (Civil) Alternate Attorney Lead Prosecuting Attorney City prosecuting Attorney Firm Lead Engineer City Engineering Firm Auditor Fiscal Agents Insurance Agent of Record Weed Inspector Assistant Weed Inspector Transportation Committee Emergency Preparedness Director Southwest Sanitary Sewer District Suburoan Health Nursing Service West Hennepin Recycling Commission Mayor's Association Suburban Rate Authority West Tonka Senior Citizens Minnesota Police Recruiting System West Hennepin Human Services Planning Boatd (2 Plus Alternate) 1993 J. Diann Goetten Alternate Richard Flint JoEllen Hurr Ron Moorse Ron Moorse J. Diann Goetten Tom Barrett Popham, Haik, Schnobrich, Kaufman and Doty William Soth, Dorsey & Whitney Laurel Hersey City of Minnetonka Glenn Cook Bonestroo, Rosene, Anderlik and Associates Malloy, Karnowski, Radosevich and Co., P.A. Ehlers k Associates Duweyne P. Carlson Apple Valley Insurance Edward J. Callahan, Jr. John Gerhardson John Gerhardson Stephen X. Sullivan Ron Moorse Ron Moorse John Gerhardson Edward J. Callaham, Jr. John Gerhardson Ron Moorse (Alternate) Stephen X. Sullivan Ron Moorse (Alternate) Dale Woodbeck LaDean McWilliams CITY of ORONO ■^JsSSo^" APPOINTMENT/DESiaNATION RESOLUTION OF THE CITY COUNCIL NO. __ _ _ _ _ _ _ _ _ _ Building Code Board of Appeals Development Committee Hennepin Emergency Communications Organization North Tonka Crime Prevention Coalition Board of Directors Highway 12 Appointments; Policy Committee Technical Committee Citizens Committee Housing and Redevelopment Authority Lake Use Committee Official Newspaper Official Depositories/ Investment Vendor© 1993 Steve Anderson, Mtka Fire Ins Tom Anderson, Hopkins Building Official Maureen Bellows, AIA Architect Jim Hanson, Builder Theodore Paulfranz, Edina Fire Chief Public Works Director City Engineer Building & Zoning Admin. Ron Moorse Stephen X. Sullivan (Alternate) Stephen X. Sullivan (5/9/93) Barbara Petersen (5/9/93) J. Diann Goetten (Alternate) John Gerhardson Mary Butler/J. Diann Goetten George Johnson Eleanor Winston John Massopust (Alternate) Gabriel Jabbour, Chair . Vice Chair Charles M. Kelley, Secretary J. Diann Goetten Edward J. Callahan, Jr. JoEllen Hurr Edward Callahan, Chair J. Diann Goetten, Vice Chair Gabriel Jabbour Charles Kelley Charles Schroeder JoEllen Hurr Jeanne A. Mabusth, Secretary The Laker and Pioneer Newspaper First National Banks of: The Lakes (Navarre) Wayzata Minneapolis St. Paul Wayzata Bank Ik Trust Company Marquette Bank, Minneapolis American National Bank k Trust Company of St. Paul League of MN Cities - 4M Fund Smith Barney. Harris Upham li Co. Inc. Mpls Norwest Bank Minneapolis o > \ hm *• ClTYof ORONO RESOLUTION OF THE CITY COUNCIL NO. _______________ APPOZNTMEMT/DE8I .rcYATION Official Depositories/ Investment Vendors Continued 1993 Twin City Federal Savings & Loan Piper Jaffray i Hopwood, Mpls Dain Bosworth, Inc., Mpls Prudential-Bache , Mpls Paine Webber, Mpls Shearson Lehman Brothers Inc, Mpls Southern Pacific Thrift & Loan, Culver City, CA Merchants Bank, Kansas City, MO FCC National bank, Willmington, Del Charter Oak Feaeral Bank, Cincinnati, OH Connecticut National Bank, Hartford, CT Chase Manhattan Bank, New York, NY Adopted by the City council of the City of Orono, Minnesota, at a regular meeting held January 11, 1993. ATTEST:Edward J. Callahan, Jr., Mayor Dorothy M. Hallin,City Clerk TO I FROM: DATli /o^ Ron Moorse, City Administrator 0 » ‘ 0/: John R. Gerhardson, Public Works Director January 7, 1993 SUBJECT: Ordinance Amendment - Park Commission Members Recently there have been two resignations from the Park Commission. It has been suggested and recommended to change the number of Park Commission members from eight to seven. Attached is the recommended ordinance amendment. The ordinance amendment will become etf^-ctive upon publication. ORDINANCE NO. AN ORDINANCE AMENDING ORONO SECTION 2.52, SUBDIVISION 1, CHANGING THE MEMBERSHIP OP THE PARK COMMISSION FROM EIGHT TO SEVEN MEMBERS THE ORONO CITY COUNCIL HEREBY ORDAINS: Section 1. Section 2. Orono Municipal Code, Section 2.52, Subdivision I is amended to read as follows: Establishment and Composition. A Park Commissior composed of seven members a^* of the round of appointments made by Council after January 1, 1993 who shall serve staggered three-year terms, is hereby established. The Public Works Director and one Council member shall be members of the Commission ex officio and without vote and are in addition to the seven member Commission. This ordinance shall take effect upon publication. 1993. Adopted by the Orono City Council this day of January, Dorothy M. Hallin, City Clerk Edward J. Callahan, Mayor /3 TO; FROM: DATE: SUBJECT: y.^4'• * ^ Ron Moorse, City Administrator Dorothy Hall in. City Clerk J January 7, 1993 Confirmation of Date for 1993 Local Board o Meeting %lew i The County Assessor has suggested Orono's Local Board of Review meeting be held on Wednesday, April 28 this year. If the Council members have no conflicts with this date, it is recommended the Council confirm the 1993 Local Board of Review meeting for 7:30 p.m. on Wednesday, April 28, 1993. o*> a (r*io 1J iJ. HI JL VIM DATE! TOl FHOHt fOBJECTi December 22, 1992 Dorothy M. Ha11in Donald F. Monk DEC 2 9 1992 1993 Local Board of Review Dates WBdngBdflY Day of the Week AD.il 28. 1993_ Date Minnesota Law recjuires that as County Assessor/ set the date fur your Local Board of Review meeting. After reviewing previous meeting days and your suggestions of last year, the above date was selected. I sincerely hope that it is agreeable with your council. there must be a quorum, I would suggest that an informal review of your members with a request that they mark their calendars would be appropriate. Please confirm the date set out or call Tom May at 348-3046 with your alternative date by January 15, 1993, so that our printing order can be completed on time. We suggest starting times of 6:30, 7:00, or 7:30 p.m., but will discuss it with you it you wish a different time. Your early completion and return of the attached tear off strip will be appreciated and we will send your official notice for posting as required y law. Please return to JoDee Nelson, A-2103 Government Center, Minneapolis, MN 55487. Coafirmatiem Muaieipalltyi Date I Timet PlaceI confirmed by For selecting meeting dates information will be helpful — in future years, the following r rf TO: PROM: DATE: SUBJECTI 1^ 4 ✓ 4 Ron Moorse, City Administrator John R. Gerhardson, Public Works Director January G, 1933 Demolition Costs Old Facilities - Crystal Bay " /r ^O/,.' Pp iir As requested, I have rece /ed estimates for the demolition of the existing City buildings at Crystal Bay. The costs listed below do not take into consideration burn'-'g any of the buildings. I have been advised that the lumber yard building will not be that easy to burn because there are no interior walls. The administration office is constructed of cement block and we may not benefit much by burning. The council chamber building is constructed of stucco and clay tile and will not burn. In addition, there has been some interest in relocating the building. The public works office and two garages can be burned but not until the new fueling system is up and running as both buildings supply electricity to the gas and diesel fuel pumps. I am recommending to demolish the lumber yard building now because of the unsafe condition and there is concern about children getting inside and getting hurt. The costs for the lumber yard are estimated at $11,640. The debris from the wood portion of the building can be added to our brush chipping pile and given to citizens. Equipment with operator Container and landfill costs (I7x$225) $ 3,600 3,825 Public Works Office and Oarage Equipment with operator Container and landfill costs (10x5225) 2,400 2,250 Lumber Yard Building Equipment with operator (tear do%m and dig out footings) Equipment with operator (chipping) Container and landfill (concrete footings) 4.800 5,040 1.800 Council Chambers Equipment and operator Container and landfill costs 2,400 i>52& $31,780 /S' TO I FROMt DATE! SUBJECT: Mayor Callahan and Orono City CounciU Ron Moorse, City Administrator January 6, 1993 1993 Police Vehicle Acquisition The City has participated in the Hennepin County purchasing program for squad cars for many years, however the County is not offering a separate program for the 1993 squads because the State contract has a more advantageous pricing. The City will thererore participate in the State sponsored program for the 1993 squads. The City has budgeted for replacement of three squads in 1993. The contract costs per vehicle are $13,632 for a total of $40,096. The 1993 budget amount is $40,000 including credit for the sale of three used squads, the changeover costs and new equipment required, such as visabars or radar equipment. The City should receive about $10,500 from the sale of the three used squads so there will be ample funds in the budget. •j g requested that Council authorize the purchase of three 1993 Ford Crown Victorias from Superior Ford at a cost of $40,896 as the quantity and costs are within the 1993 budget amounts. PROPOSED MOTION - Moved by seconded by to authorize the purchase of three squad cars as b-’dgeted with the bid award under the State of Minnesota Contract ’Tq to Superior Ford for the 1993 Ford Crown Victoria at a total p* i ase price of $40,896. The 1993 budget amount of $40,000 includes the estimated credit of $10,500 from the sale of three used squads, the change over costs and certain replacement equipment. Ayes _ _ _, Nays TO: FROM: DATE: SUBJECT: Mayor and City Council Ron Moorse, City Administrator January 1, 1993 i n ‘0,'r J Needs Assessment Process Concerning a School Liaisoroy Officer The Police Chief has met with the Orono School Superintendent to discuss the potential for school district funding of a school liaison officer. The direction given to the Chief in this process is that whether the position is full time or part time the position would be fully funded by the school district. The Chief and Superintendent agree that the next step in this process is to assess the specific needs for a school liaison officer. I have attached a memo from the Police Chief outlining a needs assessment process. I DATE:January 6, 1993 TO: SUBJECT: Ron Moorse, City Administrator Steve Sullivan, Chief of Police' School Liaison Officer On January 5, 1993 I met with Orono School Superintendent Tom Mich to discuss the establishment of a school liaison program at Orono. Dr. Mich was very receptive to the idea and was willing to have his staff checA into funding for this position. State law allows the school district to special levy for such programs. It should be noted that we do not feel there is a need for a school liaison officer to provide security and safety at our schools. There are no serious problems to be addressed. I want to provide an officer as a resource person to foster a more open and better two wa^ communication between the police and the youth in our community Dr. Mich suggested that we form a committee to look into the needs at Orono for a liaison officer and develop a li st of possible tasks that would be appropriate for this officer to perform. We also need to determine whether this should be a part-time or a full-time position. I think if we look at all of the possible duties that it could easily become a full-time officer position. Dr. Mich and I are in the process of forming this needs-assessment committee to make recommendations back to us. We want a fairly large committee to meet two or three times to "brainstorm" how to develop an appropriate school liaison program for Orono. I would like one or possibly two Orono council members to volunteer on this committee. The meetings would start sometime in February. TO: FROM: DATE: Mayor and City Council Ron Moorse, City Adn ; ’.trator January 8, 1993 i i j f SUBJECT: New City Facilities Financial Update At the January 4 special council meeting, the architect and construction manager updated the Council on the new city facilities progress and budget status. The budget status is that with the deletion of the cold storage building and the police security system the project has a contingency amount of $27,666. The attached cost summary sheet from Kraus-Anderson dated 12/1/92 reflects the deletion of the cold storage building and the police security system beginning with the November 6th cost estimate. The summary sheet includes the cost related to all change orders presented to the Council through the January 11 Council meeting. At the January 4 Council meeting the Council requested an update of project expenditures from a cash flow perspective. I have attached two tables to show the current status of expenditures and cash. The first table titled Expenditure Status Update shows the amounts remaining to be paid in each budgeted expenditure area. The second table titled Cash Position Vs. Expenditures Remaining shows the current and projected cash status of the bond proceeds fund and the building fund. The two tables together show that the total amount of expenditures remaining, $1,163,510, is very close to the budgeted funds remaining $1,167,314. In reviewing the expenditures made f"*.jm the construction fund, it was determined tnat several expenditures charged to the construction fund have not been accounted for in the project budget or in the project budget updates. It appears these expenditures were assumed to be charged to the building fund outside of the project budget. Staff is reviewing these expenditures to determine if they have been correctly charged to the construction fund, and whether the amounts- are correct. The expenditures are as follows: A.Surveying fees related to the platting of the property- $5,000. B.Title insurance. This is to obtain additional insurance to cover the value of the buildings in response to the litigation concerning the St. Cloud group's option on the property- $5,661. C.Legal fees related to the purchase of the land and the negotiation of the construction manager contract-$*1,009. D.Soil testing fees related to soil borings at the corners of the buildings»$10,773. E.Engineering fees related to the construction of the frontage road-$21,000. MARCH APRU 16lh AUG 25lh SEPT 23fd NOV 6th NOV 16th DEC 1st DEC 31*1BUDGETESTIMATEBIOSESTAAATEESTAMTEESTIMATEESTMATEEST64ATEESTMATE|?,496.000 $2 541 068 $2 ff 2 230 12.776 373 $2 61 7 075 $2 787 119 $2 798 221 $2 610.370 $2 640 1451150.000 $65 000 60 000 163 000 $63 000 $0 $0 $0 $0$75,000 $45,000 .50,000 $37 000 $37.000 $37 000 $37,000 $37,000 $36,409$2,721,000 $2,671,966 $2 002 239 $2 878 373 $2,917,075 $2 624 119 $2 835 221 $2 647.370 $2 676 554$25,000 $36 430 $36 430 $39.076 $39,078 $39 076 $39,076 $39,076 $39,076$160,000 $235,327 $235,327 $262 024 $269 327 $269,327 $269,327 $269,327 $260 327$60,000 $60,000 $35,864 $35,884 $36 364 $36,384 $36,406 $36,406 $36,406$00,000 $00,000 $70,531 $70.531 $70,531 $70,531 $67,911 $67,911 $94,969$35,000 $35,000 $35 000 $35 000 $35 000 $35 000 $35,000 $35,000 $35.000$5,400 $5,400 $5,400 $5,400 $4,000 $4,000 $4,000 $4,000$370,000 $462 157 $416 572 $447 01 7 $455 720 $454 320 $471,722 $471,722 $470,760 $176,000 $175,000 $115,000 $115 000 $115 000 $1 15 000 $115,000 $115 000 $115,000 $175,000 $175,000 $135,000 $135,000 $135,000 $135,000 $135,000 $135,000 $110,000 $350 000 $350 000 $250 000 $250 000 $250 000 $250 000 $250 000 $250,000 $225,000 1215 000 $215,000 $215,000 $215 000 $215 000 $215 000 $215.000 $215,000 $215,000 $0 $0 $0 $0 $0 $0 $0 60 $0 $27,000 $27,000 $27,000 $27,000 $27,000 $27 000 $27,000 927.000 $27,000 $60 000 $50 000 $50,000 $50,000 $50,000 $50 000 $50,000 $50,000 $50,000 $60,000 $50 000 $50 000 $50 000 $50,000 $50 000 $50,000 $50,000 $50,000 $362 000 $342 000 $34? 000 $342 000 $342 000 $342 000 $342,000 $342,000 $342 000 $292,000 $292 000 $202,000 $292 000 $292 000 $292 000 $292,000 $292,000 $292,000 <$34.500)($34 500)($34 500)($34,500)($34,500)($34 500)($34,500)($34,500) ($34,600) ($150,000)($150,000)($150 000)($150 000)($150 000)($150 000)($150,000)($150,000) ($150,000) $107 500 $107 500 $107 500 $107 500 $107 500 $107 500 $107 500 $107,500 $107,500 $15,000 $15,000 $15 000 $15 000 $15 000 $15 000 $15 000 $15 000 $15 000 $0 $3 coo $3,000 $3,000 $3,000 $3,000 $3,000 $3,000 $1,000 $15 000 f ta.ooo $16,000 $16 000 $16 000 $16 000 $16 000 $16 000 $16 000 $150 000 ♦ 123 ($5? 611)$31 710 ($15 695)$79 501 $51 05 7 $36 too $27 000 • A •• B •• c •• 0 *• i •• r ••0* A. Land Purchase 188,171 188,171 0B. Street Const 101,516 101.516 0 SUBTOTAL - LAND 289,687 289,687 0 3 .Non-Construction Costs A. Demolition 35,000 0 35,000 B Furn & Equip 1) Hoists 30,513 24,967 5,546 1) Veh Serv Equip 31,712 23,367 8,345 (Garage) 2) Fuel Equip 48,455 0 48,455 3) City Hall Furn 80,693 0 80,693 4) City Hall Equip/32.027 9 33.627 Misc. SUBTOTAL - FURN & EQUIP 225,000 48,334 176,666 4 .Consulting A. Arch Fees 215,000 215,000*0 B. Prof Fees 27,000 27,000 0 C. Bond Fees 47,931 47,931 0 D. Discount Costs 50.000 50.000 0 SUBTOTAL - CONSULTING 339,931 339,931 0 5 .Misc Costs A. Printing (Brochures)2,299 2,299 0 B. Moving 3,000 0 3,000 C. Other 12,701 1.975 10.726 SUBTOTAL - MISC 18,000 4,274 13,726 6 .Pending Expenses 137,295 137,295 7.Contingency -43.335 -43.335 TOTALS 4,255,618 3,092,100 1,163,518 CASH POSITION VS. EXPENDITURES REMAINING (1-4-93)$3,550,0002,851,875Total Bond Proceeds(includes $50,000 reduction for discount costs)Amount Paid to-date from Bond ProceedsAmount RemainingTotal Budgeted From Building FundAmount Paid to-date from Building FundAmount RemainingTotal Remaining from bothBond proceeds and Building Fund Amount of Expenditures Remaining (from Budget Update) ♦ Does not include 104,925 in interest earnings 659,500190,311 $ 698,125*469,189 1,167,314 1,163,518 Current Balance in Bldg Fund $2,386,400 (does not include Dec. Interest) Less; Payments Remaining 469,189 Balance at Project Completion 1,917,211 aTO: FROM ; DATE: Mayor and City Council Ron Moorse, City Administrator January 7, 1993 - ; SUBJECT: C'ty Facilities Change Orders ■ L Several change orders are attached for Council review and approval. An explanation of each follows: 1. Goebel Fixture Company - A deduction of $8,956.00. This cost reduction reflects deletions from the case work as cart of efforts to reduce the facilities budget. 2. Twin City Garage Door - Total add of $1,403.00. This is for the furnishing of control units for the public works garage door openers. These were planned as part of the project but were not included in the initial garage door bid documents. 3. Hoffer Inc. - This is a total deduct of $3,463.00. This is related to revisions to windows and doors as part of the budget reduction effort. 4. Kremer and Davis Inc. - Total add of $400. This is related to 5. 6 . 7 . 8 . additional damp proofing provided foundation. to the city offices Mannstedt & Son Inc. - This is a total add of $793.00. This is r<^lated to a number of miscellaneous items that were changed when the shop drawings were completed. LaForce Hardware and Manufacturing - This is a total add of $6,054.00. $4,012 of this amount is related to revisions to doors and frames and hardware to meet codes in the police security area. The remainder is related to providing push and pull handles to the entrance doors to the buildings. Steenburg Watrud Construction - This is a total add of $11,974.00. $3,349 of this amount is related to additional work on footings and foundations to accommodate utilities. The remainder is for revisions to the police security area to meet State requirements. This includes adding footings and changing block work to accommodate the precast ceiling, and adding core fill to the block walls. Vohnoutka Roofing - This is a combination of additions and deductions which totals a net addition of $1, 907.00. There are 2 major additions: 1. $4,103 for metal facia in the public works building. The metal facia was deleted when the roof was redesigned as part of the budget reduction effort. However, in the final design this amount of facia was required to be installed. $3,460 to install ice and water shield over the entire city TVii K wAc Hnn«=> ^o rvrnvidf? a weather oroof roof SO thatfices. This was done to provide a weather proof roof so work on the interior would not be delayed while waiting for the metal roof to be installed. 9.This is a combination of additions and deductions with a net addition of $1,726. The major change is $985.00 for the addition of tile in the entry areas. Although this is an additional cost in the tile contract, the tile replaces builtin entrance mats that would have cost approximately $4,000. XV . CHANGE ORDER CONSTRUCTION MANAGEMENT EDITION AIA DOCUMENT C701/CM PROJECT: Orono City Hall and (name, address) Public Works Buildings Crystal Bay, MN 55323 TO (Contractor): Goebel Fixture Company 528 Dale Street Hutchinson, MN 55350 Distribution to: OWNER □ ARCHITECT □ CONSTRUCTION MANAGER □ CONTRACTOR □ FIELD □ OTHER □ CHANCE ORDER NUMBER: One (1) INITIATION DATE: October 21, 1992 ARCHITECT'S PROJECT NO: 112 4.04 CONSTRUCTION MANAGER'S PROJECT NO: 4059 CONTRACT FOR: Finish Carpentry CONTRACT DATE: \jay 1992 You are directed to make the following changes in this Contract: Deduct in contract amount for items 1-4 listed on attached sheet.Total Deduct: ($8,956.00) Not valid until lijntd by th# Owner, the Architect md the Construction Manager. thf Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract T me $43,621.00 -0- 43,621.00 The original (Contract was ................................................ S Net change by previously authorized Change Orders .............................................................. S The (Contract Sum|»UaiieattiXXKlfiijfd(X34st) prior to this Change Order was ............... $ The (Contract SumWUiiHttiaXitiSM]Cd(X3st) will SaXilcttfsed) (decreaiWX^CXitt}^) , « o c ^ o a » by this Change Order......................................................................................................... ^ (0,956.00). The new (Contract S(|CX:i^MICX4ttnt9«{?X0f?43(’St) including this Change Order will be...$ 34,665.00 . The Contract Time will)J|CJOCIfJpe{CXSfeX»Xd'(unchanged) by ( ’ The Date of Substantial Completion as of the date of this Change Order therefore is December 31, 1992 Approved:Recommended: KrAnc-An(ie^son Cons^'-'vicTion Conoanv CONSTRUCTION manager /1.3-S1 •Y ip DATE Agreed To: Flift-iire Comnanv CONTRACTOR •V^ /'DATI n Kroos Pfister and Associates Authorized: City of Orono OWNER Crystal Bev aooiess MN 55323 DATE BQ CAUTION: You should sign en original AIA document twhich has fhia caution printed In red. An original aasurta lhal changes will not be obscured as may occur when documenta aro roproduced. AU BOCW«fn C7*.<a. . CHAa<| oaota . w<• fM • ^ AMitiCMI muriTVTI 09 AiCHiTICn. 1/W AVlNgt ^ w WA|A44#h CTON o c CTn/cvi — ma 1. Goebel Fixture Company Chanye Order #1 - Attachment Deduct in contract amount for revisions to casework as noted in Item 2A of Goebel Proposal iTvn » I •Deduct ( 4 ^*’6.00) 2. Deduct in contract amount for revisions to casework as noted in Item 2B of Goebel Pioposal HAAAAttV/ I a Deduct ($3,200.00) 3. Deduct in contract amount for revisions to casework as noted in Item 2C of Goebel Proposal #6444.Deduct ($ SSO.OO) 4. Deduct in contract amount for deleting base cabinets and melamine shelving on elevations 18 and 19 of 90.Deduct (SI.400.00) Total Deduct ($8,956.00) Ik CHANGE ORDER CONSTRUCTION MANAGEMENT EDITION A/A DOCUMENT C701/CM PROJECT: Orono City Hall and (name, add res j) Public Works Buildings Crystal Bay, MN 55323 TO (Contractor): Twin City Garage Door 4609 85th Avenue North Minneapolis, MN 55443 i,V Distribution to: OWNER □ ARCHITECT □ CONSTRUCTION MANAGER □ CONTRACTOR □ FIELD □ OTHER □ CHANCE ORDER NUMBER: One (1) INITIATION DATE: October 21, 1992 ARCHITECT'S PROJECT NO: 112 4.04 CONSTRUCTION MANAGER'S PROJECT NO: CONTRACT FOR; CONTRACT DATE: 4059 Overhead Doors May 11, 1992 You are directed to make the following changes in this Contract: Furnish and deliver radio controls for overhead doors as noted on the approved shop drawings.Add: $1,403.00 Not valid until signed by the Owner, tbe Architect and the Construction Manager. Signature ot the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract Time. TK«i Artflinal fContrart was .........................................................s 21,945.00. Al^a lelw . . ......................s -0- .awwi aaiweiwe*»«f *1* w twt • .................................... The (Contract Sum) lOUAlfilttlilAIUGXililiMXUXprior to this Change Order was ............... S The (Contract Sum) lOUQBOHIXKaOHfiiUC&ttXwili be (incrcasecOCXflttUUttfl) XXMiUpjfiX Ite.* ^HwaeaiA Op#4a# ........................................................................................................................ S 21,945.00. 1,403.00. The new (Contract Sum)X9MnniKKkMinOUCX^K including this Change Order wilt be ...s 23,348.00. The Contract Time will bc:|R3QNM9(>at«ai9msO (unchanged) by ( ) Days. The Date of Subsuntial Completion as of the date of this Change Order therefore is December 31, 1992 Recommended: Approved: ron«st~ruofion Company BoS^man l^oos Pfister and Associates CONSTRUCTION MANAGER ^ ^^ r 554Q4 DATE Agreed To: Twin Pi»y Garage Door CONTRACTOR MiaaeapoUJa Hi. SMil AOi MN 55401 ronzed: AIA ritv of Orono___________ owNia Crystal Bav. MN 55323 ADDRESS OAtl date CAUTION: You should ilgn an original AIA document which hat Ihie caution printed In rod. An ortfinal aaauroa that changoa wW not bo obacurad aa may'occur whan docun.enta are rogrodMCod. as* anOirinnr eeuo* • chimi<,s oeon • co*<et«i/CTio»« lotnoM • AAejes* loirioN • ma# a mi • no AMtetCu* iNSttrurt or aeouhicrs, ir» mw vote AvtmuS. wairtwcTOM. OC crtvCM —1«» ( CHANGE ORDER CONSTRUCTION MANAGEMENT EDITION AIA DOCUMENT C701/CM Distribution to: OWNER n ARCHITECT □ CONSTRUCTION MANAGER □ contractor □ FIELD □ OTHER □ PrOiecT' Orono City Hall and (name, addre») Public Wcrkn Buildings Crystal Bay, MN 55jzi TO (Contractor): Hoffer, Inc. 8933 Lyndale Avenue South Bloomington, MM 55420 CHANGE ORDER NUMBER: INITIATION DATE: November 2, 1992 1124.04 ARCHITECT'S PROIECT NO: CONSTRUCTION MANAGER'S PROJECT NO:4059 Alum. Entry 6 Store-^ CONTRACT FOR: fronts. Glass & Glazing CONTRACT DATE: You are directed to make the following changes in this Contract; 1. Furnish additional labor and materia, necessary to make revisions to glass and glazing as required according to Proposal Request No. 6. 2. Deduct in contract amount for revisions to aluminum windows and doors and changes to glass as noted in Proposal Request No. 7 except that the aluminum stools are not to be added. Add: $1,395.00 Deduct: ($4,358.00) Tn-r-.-il Mpt Dpduct! ($3.463.00) 78,745.00 -0- 78,745.00 The original (Contract Sum) ............................................... | N«t chanit by previously authorized Charge Orders............................................................... Th. (Comrict Sumi |Oe»iaU«IJIlUO««*i»Xpnor lo ihi. Ch.n|. Ord.f wM * Th. (Contract Sgm( ICtr.TaUBnUMilHtMCtliXwill b. (WUSWl (d«r....dl (^ (3,463.00) by this Change Order................................................................................ 00 The new (Contract Sum) (aiMmKldC)4M(9U0XaMX including this Change Order will be ... $ / ^ / • • Th. Contract Time will be (ipwoe4JlW««ae'J«e ‘«"changed) by 31 1992 The Date of Subitantial Completion « of the ate of thi» Change Order therefore i» Decemcer , Recommended: Kranj^-Anderson Constructlch CONSTRUCTION MArSACfR MinnqflPQlia, MM----LLiM ADDRESS Approved: Boarmanl^os Pfister and Associates ARofTECT T T777>MN 5 540 DATE Agreed To; Hoffar . Inc.-------------------- CONTRACTOR jynn . MN 5 5420 AOORtSS ^ ✓ Authorized: City of Orono ___________ OWNER .n , , Crystal Bav, MN 55323 address "5ATI AIA Mea t u-wrca. . ouu-ca oeou . con»timcto- M, THi ** LtiCAM wrttiTUTi 0» *»C»««Ticr». ir» MX* TO« •AtHTNcrow CTtl/OI —1 UWllw—t CHANGE ORDER CONSTRUCTION MAN a XGEMENT EDITION AIA DCCUMEST C70VCM Distribution to: OWNER □ ARCHITECT □ CONSTRUCTION MANAGER C contractor □ FIELD □ OTHER □ PROIECT: (name, address) TO (Contractor) Orono City Hall and Public Works Buildings Orono, MN Kremer and Davis, Inc. 3900 Jefferson Street N.E. Minneaoolis, MN 55421 CHANCE ORDER NUMBER: One ( 1) INITIATION DATE:September 16, 1992 ARCHITECT'S PROIECT NO: 112 4.0 4 CONSTRUCTION \(A.NACER'S PROIECT NO: CONTRACT FOR; CONTRACT DATE: You are directed to make the following changes in this Contract: 1. Delete insulation over waterproofed areas. 2. Repair deunaged waterproofing. 3. Add dampproofing at city offices foundation. 4059 Waterproofing August 28, 1992 Deduct:($1,240.00) Add:$ 150.00 Add:$1,490.00 Net Add:$ 400.00 ................................. .K. Co.„.c. . Mh, Con„.c, Sijnaruf* of thf Contrjctor i The original (Contract Sum)X(XJ6X«»iaC3U64^K^^ was ................................................... S Net changt by previously authorized Change Orders................. ..........* • ................................ The (Contract Sum. XX»X«KiIX3UGKCK«XXt). prior to th.s Change Order was ..........^ 5 The (Contract Sumi XXJOMJi«XXi(»iCXuOeQ! will be '.ncreasedCXSflCX^^'XXXXMXJTd) ^ The new (Contract Sum. («XOC»)««5CJMC3BQC}(«K including th.s Change Order w.ll be . .. 2,925.00 . -0- 2,925.00 . The Contract Time w.ll beXXXMffidXXK^mXX’ (unchanged) bv The Date of Substantial Completion as of the date of th.s Change Orde' ’He'e'ore .s . . Approved:Recommended: Kra\in~^^ndAraon CconstLrnrh i on rnmoanv CONSmUCTION manager c e a n a Minneapolis, M!. 5 5404 _____________ 400.00 * 3,325.00 • ( ) Days. December 31, 1992 55401 DATE Agreed To: Kremer and uav ii. Inc. 55421 City of Qrono___________ " _ _ —^o 'SCiyatal Bay, MN 55323 AOOHESS OATt OATt (C701/C.S4 — IWO vyAirwin UfMir mm Ut *• •“••••• •• 0^ CHANGE ORDER CONSTRUCTION MANAGEMENT EDITION AM DOCUMENT C70UCM Distribution to: OWNER □ ARCHITECT □ CONSTRUCTION MANAGER □ CONTRACTOR □ FIELD □ OTHER □ PROJECT: Orono City Hall and (name,address) Public Works Buildings Crystal Bay, MN 55323 TO (Contractor): Mannstedt and Son, Inc. 4801 Nicollet Avenue South Minneapolis, MN 55409 CHANGE ORDER NUMBER: Two (2) INITIATION DATE: November 5, 1992 ARCHITECT'S PROJECT NO: 1124.04 CONSTRUCTION MANAGER'S PROJECT NO: CONTRACT FOR: CONTRACT DATE: You are directed to make the following changes in this Cor t'act: Furnish additional materials as required due to changes in shop drawings as directed per July 17th list. 4059 Structural Steel and Metal Fab. May 11, 1992 Add: $793.00 Net valid until ii|nad by tha Owner, the Architect and the Construction Manager. SifTMlurt of the Contractor irtdicatea agreement herewith, including any adjustment m the Contract Sum or the Contract Time. 40,460.00 8,540.00 49,000.00 793.00 49,793.00 The original (Contract Sum) was .......................... Net change by previoualy authorized Change Orders..................t r.................... The (Contract prior to this Change Order was The (Contract will be (increased) by thli Change Order.................................................................................................. The new (Contract including this Change Order will be The Contract Time will bd^lUUttttUlXflUEiUUfl) (unchanged) by ( The Date of Substantial Completion as of the date of this Change Order therefore if December 31, 1992 Recommended: Approved: Xraus-Anderson Construction Company Boarj CONSTRUCTION MANAGER Minneapolis, MN 55404 Kroos Pfister and Associates DATE Agreed To: Mann^edt and Son, Inc. Minneapolis, MN 55409 thorized: City of Orono Crystal Bay, MN 55323 TTTT \Cj\w AOORE5S DATE DATI You should aign an original AIA document which haa this caution printed In red. An original etturet that cr>angea will not be obecured •• may occur when documenta ere reproduced. ero*<M • CMAMca oaoia • cowsTtuctiON MANACiMNt umtion . n,ni isaa iottiom • aias • TMf AMatiCAN u,tTiruTi or Aaewners. vjs *i<w vou ww.. waummctom. oc mm ahwatawwi wWWaa US. jaw ana ta wan m w tapt p C701/CM — IfM I ■s CHANCE ORDER ' □ CONSTRUCTION MANAGEMENT EDITION manacsr □ AM DOCUMENT C701/CM CONTRACTOR □ FIELD □ OTHER □ PROIECT- Orono City Hall and CHANCE ORDER NUMBER: (name, address) Qrono!^ Buildings INITIATION DATE: September 24, 1992 TO (Contractor): ARCHITECT'S PROJECT NO: 1124.04 LaForce Hardware and CONSTRUCTION MANACER'S Manufacturing prdifct NO* 4059 1060 West Mason Street Hollow Metal, Wood Green Bay, WI 54303 CONTRACT FOR: ^ Finish Hard. CONTRACT DATE: May 11, 1992 You are directed to rriake the following changes in Yetinq1. Deduct in contract amount tor aeiecing hollow metal frame and pocket door at folding partition opening ifAlOS per Deduct: ($ 394.00) Proposal RGCjuest No. IJ. 2. Add to contract amount for revisions to doors, frames and hardware as required to changes noted in Proposal Request $4,012.00 No. 6, Revised. 3. Add to contract amount for revisions to doors, frames and hardware as noted in $2,436.00 Proposal Request No. 15. *- - - - --7 _ _ _ _ _ _ _ _ _ _Total Net Add: $6,054.00 oTlli'c3?wc.» iS. 5"'" O' ■>“ C"""” - - - - -- --- - - - - - - - - - -- TT ^ ^ I 35,465.00 The original (Contract Sum) ........................................................... ^ -0- . Net change by previously authorized Change Orders ........... • .................. , 35,465.00 The (Contract Sum) flQlNM(«ti(XMX0CNlC0CC9O) prtor to this Th. (Contr.ct Sum) (QOjnBUIMMSXOmKUCflSl w.n b. ' nc-ea«d) .d»»lfl«aC»Jil«X,rilK 6,054.0a Th. nw*')Conl*a'^um)*(«)t)«le^«^^»^m)eK«0•M rncluOi"*'b'> Chang. 0>d.r w.il 5 41,519.0^ ?J:rorsrant'col1Sri^?rdT:n^^^ December 31, 1992 • ................ Compa_ny 35^* Pflster a-...^As^tes It \j 5mi — ___, J7 ^^uihorized: ^cnForce Hardware and Manufacturing ---------------- CONT«A5IlV_ ... Crys tal Bay. MN 55323 I I AOO*iss __________ XjiATf ^ pnrtmriawT c.'tt/CM • °*°*A.* C701/CM t»1*B AMWICAN IMTITUTI or AaCMlTICn. iriJ r*«w TO« AVINCi. B. w _ — ■■ ■ ara 1 ^eee—rtaftow i CHANGE ORDER CONSTRUCTION MANAGEMENT EDITION AIA DOCUMENT C70UCM Distribution to: OWNER □ ARCHITECT □ CONSTRUCTION MANAGER □ CONTRACTOR □ FIELD □ OTHER □ CHANCE ORDER NUMBER: ^ ^ ^ INITIATION DATE: 0<^tober 22, 1992 1124.04 pnQ r^T. OiTono city snd (name,address) Public Works Buildings Crystal Bay, MM 55323 TO (Contractor): ARCHITECT'S PROJECT NO: ^S^^^f^^^^^^^ONSTRUCTION MANAGER'S 10255 Inver Grove Trail .rqj ECT NO: Inver Grove Heights, MN 5o07B CONTRACT FOR: Concrete/Masonry CONTRACT DATE: You are directed to make the following changes in this Contract: 4059 Add to the contract for items 1 - 41isted on attached sheet.Total Add; $11,974.00 Not valid until signed by the Owner, the Architect «nd the Coniiruction Mansger. Signature ot the Contractor indicates agreement herewith, including any adjustment in the Contract Sum or the Contract Time L 342,500.00 . (13,870.75). 328,629.25 . The original (Contract SumPfiEaflOHHiiC. MXMiOCIMX was ................................................ $ Net change by previously authorized Change Orders.............#L ........................................... 5 The (Contract Sum) ]g3lMMKQfi{MN»}(SIMKaMK prior to this Change Order was ............... S The (Contract Sum) XOUmWJlIttClttfcKOOWCOBMK will be (increasetK.XdaUiiiJfid)X«iMfiXj0fl) , o . a n by this Change Order........................................................................................................ 5 11,974.00 . The new (Contract JW including this Change Order will be...S 340,603.25. The Contract Time will bc:4ijcjsri^) (unchanged) by ‘ The Date of Substantial Completion as of the date of this Change Order therefore 1$ Decemoer 31, 19 92 Recommended:Approved: Boarman Kcflos Pfister and Associates construction manager Minneaoolis, MN 55404 u- q-qe •V \J DATE Agreed To: Steenberc-Watrud Construction CONTRAaOR , Inve^^rove HiSiyrrfC- MN 55076 // • ^ DATE architect Miwr^ajioli MN 55401 Authonzed: City of Orono ^^ystal Bay, MN 55323 address DATE AIA CAUTION: You ahould sign an original AIA document which has this caution printed In red. An original aaauret that changes will not be obscured as may occur when documents are reproduced. AtA OOeVASiWT ClfWCM • CMAMCI 0«0»« • CO*<ST«UCTiON * wIi,I2cTt2i’^'o C* J«S• ISM • thr lUMiaiCAM wsmuTi or aacmiticts , irw mw tOSs *vtNUI, nw, wAiHiNcron. oc.C7*1/CA^ — 1 ifvW aa.eesynsM Steenberg-Watrud Construction. Inc (j^hangc Order #2 - Attachment 1. 2. 3. 4. Furnish additional labor and material nccess^ to drop footings and foundation walls for utilities according to Proposal Request No. 4. Furnish additional labor and material necessary to cut out and change footings at south side of Police Building to accommodate utility piping. Furnish labor and material necessary to add footing and change blockwork at security area for precast as noted in Proposal Request No. 6 - Revised. Furnish labor and material necessary to add core fill at security area as required according to Proposal Request No. 6. Add: S 2.831.00 Add; S 518.00 Add: $ 1.380.00 Add: S 7.245.QQ Total Add; $11,974.00 !i r. r »» L_ KRAUS-ANDERSON CONSTRUCTION COMPANY CUNTRACTOKS S. CONSTRUCTION MANAGERS December 11, 1992 ' '• V •- Mr. Tom Kuchn City of Orono P.O. Box 66 CiA’stal Bay, MN 55323 DEC 1 '4 1092 Re: Orono City Hall and Public Works Buildings K/A Project #4059 Dear Mr. Kuehn: Enclosed are four copies of change orders for the followng coniractor(s); Vohnoutka Roofing Change Order No. Two Please sign all copies and return three of each to Ki aus-Anderson. We will distribute to the appropriate parties. Very truly yours, KRAUS-ANDERSON CONSTRUCTION COMPANY John Dasnes Project Manager JD/lp Enc. MmncjpolH 5i5 Sooth 8th Mtnn»*poti». MN 55404 fhoit# (612) JJ2 ?2S; FAX (612) I32-8739 Equal (>ppo»Tun«tv CHANGE ORDER CONSTRUCTION MANAGEMENT EDITION AIA DOCUMENT C70VCM Distribution to; OWNER □ ARCHITECT □ CONSTRUCTION MANAGER □ CONTRACTOR □ FIELD □ OTHER □ PROJECT: Orono City Hall and (name,address) Public Works Buildings Crystal Bay, MN 55323 TO (Contractor): Vohnoutka Roofing 8541 Flying Cloud Drive Eden Prairie, MN 55344 CHANGE ORDER NUMBER: Two (2) INITIATION DATE: October 22, 1992 ARCHITECT'S PROJECT NO: 112 4.04 CONSTRUCTION MANAGER'S PROJECT NO: CONTRACT FOR: CONTRACT DATE: 4059 Roofing and Sheet Metal May 11, 1992 You are directed to make the following changes in this Contract: Add to the contract for items 1-6 listed on attached sheet.Total Net Add: $1,907.00 Not valid until signed by the Owner, the Architect and the Construction Manager Signature of the Contractor indicates agreement herewith, including any adiusimeni in the Contract Sum or the Contract Time. 156.288.00 (6,975.00r 149.313.00 • morl|in.l (Contract ............................................ S Net change by previously authorized ChanM Orders.........t.............................................................. $ z icrr i::: liSSSi:: by this Change Order.............................................................................................................................. S The new (Contract SuiKP^KifaUtii^KlXiXiUiXK&t) including this Change Order will be ... S The Contract Time will iJiXiXittUfiaXMJfi&ttMfed) (unchanged) by { )Day$. The Date of Substa ntial Completion as o< the date of this Change Order theretore is December 31, 1992 Recommended: 1,907.00 151,220.00 Kraus-Anderson Construction Compan y CONSTRUCTION MANAGER Minneapolis, MN 55404 _____________ •y \J date Approved; Bo irman Kroos Pfister and Associates DATE/ Agreed To; Vohnoutka Roofing and Sheet Metal Co. City of Orono ^’EdSii^Prairie. MN 5 5 344 ° Crystal Bay, MN 55323 ADDRESS / DATi DATE CAUTION: You should sign an original AIA documant which hat this caution printed in rad. An original assures that changas will not ba obscurad as may occur wtian documants ara raproducad ... OOCUMCNT OfVCM • CHAIVCI 0*CI* • CONSTIIUCTlO*i MANACIMI»»T IOiTIOK • lOM tVW SOITION • *IA* a TUB • THf AMUICAN INSTITUTI Qt AeCHItICTS VIS **€W rO«« AVfivUI, NW WASMINCrOM. DC C701/CM ~ IftO Unfleeneee eMMepteNf 2. 3. 4. 5. 6. Vohnoutk:! Roofing and Sheet Metal Company. Inc, Change Order #2 - Attachment 1. Deduct in contract amount for revisions to roof edge as noted in Proposal Requests No. Seven and ^ * 1Seven - Revised.Deduct: ($4,838.00) Deduct in contract amount for revisions to roof edge at grid C as noted in Item No. 6 of Proposal Request No. 7 - Revised.Deduct: ($ 669.00) Add in contract amount for revisions to gutter and down spour at south elevation.Add: S 669.00 Add ii- itract amount to fiimish and install 16" facia mcral at Public Works that was previously deleted in Change Order No. 1.Add: $4,103.00 Add in contract amount to furnish and install ice and water shield over the entire roof of city ofBces and police building.Add: $3,468.00 Deduct in contract amount to delete metal facia at links per Proposal Request No. 7.Deduce a 826.00) Total Net Add: $1,907.00 .< Hi u* * • f KRAUS-ANDERSON CONSTRUCTION COMPANY CONTRACTORS CONSTKLCTION MANAGERS December 1, 1992 A i . 4 4 f I i « • I Mr. Tom Kuehn npp 2 '<c.c^O CityofOrono P.6. Box 66 Crystal Bay, MN 55323 Rc: Orono City Hall and Public Works Buildings K/A Project #4059 Dear Mr. Kuehn: Endo«:d are four copies of change orders for the following comractor(s): Dale Tile Company Change Order No. One Please sign all copies and return three of each to Kraus-.Anderson. We will distribute to the appropriate panics. Very truly yours, KR.AUS-ANDERSON CONSTRUCTION COMPANY John Davies Project Manager JD/lp Enc. • • MJancapoln Diwion 5 ’5 Sou«h 8*h Stfeet. MN 55404 (tin JJ2-728« fel21112 «739 Equal Opiweunrfv fmpk»v#» CHANGE ORDER CONSTRUCTION MANAGEMENT EDITION AIA DOCUMENT C70VCM Distribution to: OWNER □ ARCHITECT □ CONSTRUCTION MANAGER □ CONTRACTOR □ FIELD □ OTHER □ PROJECT: (name, address) TO (Contractor): Orono City Hall and Public Wor)cs Buildings Crystal Bay, MN 55323 Dale Tile Company 4825 France Avenue North Minneapolis, MN 55429 CHANCE ORDER NUMBER: One (1) INITIATION DATE; November 12, 1992 ARCHITECT'S PROJECT NO: 1124.04 CONSTRUCTION MANAGER'S PROJECT NO: 4 059 CONTRACT FOR: Ceramic and Quarry Tile, and L^late CONTRACT DATE; July 28, 1992 You are directed to make the following changes n this Con.'act: Add to contract amount for items x - 4 listed on attached sheet.Total Net Add: $1,726.00 Not valid until signed by the Owner, the Architect and the Construction Manager Signature of the Contractor indicates agreement herewith, including inv adjustment m the Contract Sum or the Contract Time Tht original (Contract Sum) (6wi^inl€e^ C#§#) was ..................................................... S 21^292#00. Net change by previously authorized Change Orders ...................................................................... S -0- The (Contract Sum) (CuereMeed Coat) prior to this Change Order was ................ $ 21^292.00, The (Contract Sum) (Cmaenteed Memeaym Coal) will be (increased) (disreaitd] 7 -5 r n n by this Change Order...................................................................................................................... * The new (Contract Sum) (Cmrenteed Memmem Cat4 ) including this Change Order will be...$ 2J,0i8.0U^ The Contract Time will be imefetfed) ^dee^esed* (unchanged) bv ( ) Days. The Date of Substantial Completion as of the dale of this Change Order therefore is December 3 i # 1 9 92 Recommended: Approve^H r A M AnHy*.Qon Po n r!) *“ i nn r*nmpa ny Kr p^QS/P £... fS ter i3nd AS SOC i 3wes CONSTRUCTION ' ^CER ARCMlTEp^ V Agreed To: / /Whonred IQj^_]p rnrrp'T^V Cit.y of Qjtqhq CONTRACTC* OWNH Minno^nrtlig- MN CrYSr..ll Ba.V .MN 5.^3 fy »Tl / OATI CAUTION; You should sign an original AIA documant which has Ihit cavUon printed in red. An original asaurts thal changes will not bo obscured aa may occur when documenla are reproducedi AM aocuAMMT cwtxM • ..HAMci o«ofi • co*rtT*- .fo** MAs*crwf*»T CTWi/Tai — em• I1M . tmi AMiticAM iNtriiuti or aacmitict*. ’>ct« a* oc »m» wei/v.M >A—!■>»«"■ iiiriWtUt.«Aei»*W*M**W<A AIA Distribution toOWNtR 0ARCHITECT □COSSTRUCTIOS manager □CONTRACTOR □FIELD □OTHER QCHANGE ORDER NUMBER: One (1) INITIATION DATE; November 12, 1992 ARCHITECTS PROIECT NO; 112 4.04 CONSTRUCTION MANAGER'S PROIECTNO; 4O59 CONTRACT FOR: Ceramic and Quarry ^ Tile, and Slate CONTRACT DATE: July 28, 1992 ract Total Net Add: $1,726.00 f> iNr Contract Sam or th* Contract Tima 21,292.00. -0- . 21,292.00.■anf* O*aof wti .............. } rd' uteiiiHitodl .................... S s Cha-nft Order mil b* . $ _ ( ) Days December 31, 1992 1,726.00 23,018.00 -jt.r and A..ocim-.. ^■C.UY (if Qrano ________ B»r. s’lm— OATI 4iiiiy«it lh*« cevtHM prtnted tii radl »•# M miftf iKCbf eliRB iKFcmwemi #re f |ift>duc»<|L . no* ot mm r-^ TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator January 7, 1993 SUBJECT: Potential Work Session Topics There are a number of major issues the City will be dealing with during 1993. It is important staff and Council discuss these issues to determine how best to move forward on them. A list of several these issues is as follows: A. B. C. D. The Highway 12 corridor selection process Cooperative fire service arrangements LMCD issues such as the Lake Access Task Force General Council goal setting for the year The Council may wish to establish a work session in the near future to review the items listed especially to develop a set of goals for ^he year. • • * • 1; LIST OF LICENSES FOR COUNCIL APPROVAL FOR MEETING OF January 11. 1993 Off Sale Non-Intoxicating Malt Liquor License William W. Wear Orono Self* Service 2160 Wayzata Boulevard J t . I • { ‘ I » : * * • t ^ *• ‘ >4 J "i 1 I I .-f “T Date: To: From: Subject; January 6, 1993 Ron Moors©, City Administrator Steve Sullivan, Chief of Police Liquor License Renewal - Orono Self Serve A record check has been conducted on the Orono Self Serve and on the owner, Mr. William Wear. As no liquor violations were found, I have no objection to the issuance of this permit. No 2.U —Appttrfitoa for Rtitil t Icfni# to %rnNon lntn«trtting %!*Ii I iquor •*OFF** Premuri. »tr. iiRETAIL “OFF SALE” ^tatc of ^Hinnestota, County of __ To the iCUNjJ//...... ....loL ...................................... Q,.... ...........of the TX...........of ......... ............................ State of Minnesota: ................................... _ ...................................... ...... hertby appl ..........for a lUtnse for tho term of . ......fP. /y.^. f^A.A^ __________________ /«>'" /O: /2 A* 7 day of U^j^ciA/Z)L______________.19 9^. to nil In Original Packages Only, Non-Intoxicating Malt Liquors, as ths §ams ars dsflnsd by law, for atmsumption **OFr* thass esriaia prtmUss ihs .. ................... ............................................................................................................................................................................................................................................................ dsseribed as folUnos, UhwU:...^.................—.................................................................................................... which placa said appUeant ... opsraU.....tha business of . .............. SXa Tia A#//. it *■ S TaJ^ A—. and to tPiai snd rsprsmni... and skUo .....as follows: That said applicant /..S......----------------rUitsn of ths United States; of good moral oharaoter and repute; and ha attained the age of tl years; that.....S ................................ proprietor of ike establishment for which the licsnes will be Ueued if this appUeatUm is grasUetL That said applicant rn....make J this application pursuant and sukjeet to all the laws of the State of .Minnesota and the ordinances and regulations of said........................................appUeoMs thereto, which are hereby made a pari hereof, and hereby agree .....io obeerve susd ebey the same: tf MV. etf ks«l IJUltWOO ^ CHECK lF 3'W HECEIPT-Tme YOU»:6i73o coQi koi muo 12/22*^92Each applicant /nether states that by the commencement of business and by July / of each succetding year said applicant mil have paid the Federal Special Occupational Tax to the Bureau of Alcohol. Tobacco and Firearms foe a retail dealer. Dated __ 19 “/.re F. 0 dddemss .^.fUr .... r I t- i \ \ ADDENDUM LIST OF LICENSSS FOR COUNCIL APPRCWAL JANUARY 11, / FOR MEETING OF %'O Residential Kennel License - Jane Kline/Steven Bell • 4455 West Branch Road Willi Hoyer and H. Zohara 565 Hanlon Avenue Maxwell E. Alvord 960 North Brown Road KENNEL LICENSE APPLICATION Effective January 1/ 19 to December 31/ 19^ Owner VA-. nC- \ property Address; ’jra<A (include city and rip) m Mailing Address (if different': Phone: ^ ^’ftome) *4 1^1 c (work) ^ RBSIDBNTIAL Kennel License Inforaation; $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time;_jL£i (over 3 months of age) CITY CF CROaOrnmc office 1213Z00000 01 CLH 25. 1212000000 01 QEH 150. Principal Breed; Purpose for more than 2 dogs: - - - - - - Dogs normally kept: ^ .^inside - - -^kennel structure 175. iitC£iPT-THm ra i^OZBO coot ROl T. 12/C wACZAL Kennel License Information: $150.00 (payment must accompany application) ^ I, I Name of Business; Ux^°”:^'^bo:rdi:g:-breeding. ve»rxnary care. r..aU. —) Normal Business Hours; After Hours Contact; (name)(phone) Dog runs/exercise areas are;inside outside ___both The undorsigr-id a,ied on this fora: the Council tor a Kennel jeennal licenah is petmisaive only undersigned •<=>'"'^l®^5**‘u*rltv^to violate any provision of any and doe. not ^e^lltron; the undersigend hereby City Ordinance or other law gji premises prior to orants the City P®/rS^ aV any other reasonable time during thelis;:: isiiin, yi v,n.=v”“ .s.;.s="; license approval. Applicant Date or City Dee Only azmel inspected by __ Pate /■:> '/ /- 0 •commends Approval_J(— Denial KENNEL LICENSE APPLICATION Effective January 1, 19 ^3 to December 31/ 19 ^ Owner: _ _ _ _ _ _ _ _ _ _ _ ___ _ _ _ / Frcoerty Address: ^ 6S'ihf ^ I AuC /yy/t4l / .53~3-^Z (Include city and zip) > / Mailing Address (if different):_ _ _ _ _ Phone: (home) h H"3> - - - - - - (work) ^'^//y^3>¥-9 3BSIDBMTXAL Kennel License Information: $25.00 (payment must accompany application) Maximum No. of dogs to be )cept at one time:_3 (over 3 months of age) Au -M\Y__ CITf OF DRCHO FimnCE OFFICE 1311SOOOCO 01 GEii 25, CHECK R 25. RECEIFT-THm YOL ^0120 cool ROl T1 12/0Principal Breed:______________ ^ Purpose for more than 2 dcasz Ol^ r£f<^[ly D^ V ' \ a-fDogs normally )cept: inside kennel structure ^ _ ' •) ^ UI :>4cuJtCIAL Kennel License Information: $150.00 (payment must accompany application) Name of Anaii-^ss: -------- Business Activities:Business activities _____________________—-—-Ji \ (example: boarding, breeding, veterinary care, retail, ^c. Normal Business Hours After Hours Contact: (name) (phone) Dog runs/exercise areas are:inside outside both i The undersigned hereby melees «PP “=VA°.“d on thls°f “he ^Sd“e“rVi^gn^re=\n*c:r.“d^es“rP^ rents the City P«™iV»i°“ ^ther’r«sonlbll “»”5uritrth. license epprovel end \\.*"LI«sfgMd agrees to .bide b? the license duration; rhaoter 5 36 including any special license approval. For City Ose^Only !annel inspected by _£iiZ Date •//' ^ Recommends Approvalj^____ Denial L. ^ XZNNEL LICENSE APPLICATION Effective January 19_ __ to December 31r 19 Owner: Frooerty Address; ^ LCi A[ (include city and zip; (^r*ov» A : ii ____-'ll I . i 1 U V- — - Mailing Address (if di f f erent); f A/ roci^K. Si------ Phones (home) A/ ^ ^ — ■ ■- (work)^-------------- RBSIDBNTIAL Kennel License Information; $25.00 (payment must accompany application) Maximum No. of dogs to be kept at one time; (over 3 months of age) Principal Breed; //ffljA.Ifth Wtutr ---- Puj-pose for more than 2 dogs » Dogs normally kept; ' / inside ----^kennel structure mACIAL Kennel License Information; $150.00 (payment must accompany application) Name of Business . .. . . . . . . . . .. . . Normal Business Hours;_ _ _ ___ _ __—^ - - - - - €-m OF oroNO FimCE OFFICE 4^13500000 01 CQl ^CX TL • V r 12.'0l After Hours Contact; (name) (phone) Dog runs/exercise areas are:inside outside both he under.igned hereby make. ouncil for a that a kennel license is permissive only ndersigned acknowledg . violate any provision of any nd doe. not grant Jtio„7 th« under.igend herebyity ordinance or other law or radiation;premise, prior to rants the other reasonable time during the SSritlon, end ‘he :2!ilt “o“^^^po^!^S^by ’*rhe City Council .. P«t ot any kennel icense approval. '1T|r,^mrrrr, .na.. ._____________0., »r City Ose Only innel inspecteo by ^Date \co\lends Approval Denial H /u ^ /S -N C> ^ <c ^ .V (o ' ■ < 01/31/93 PR CH PRREGOR 1S9 EMP t NAME dpt CALLAHAN, EDWARD J 11 470peoe9 HURr^j6c?LENT 11 YTD GROSS 300.00 241.87 241.87 241.87 241.67 CURRENT GROSS 300.00 241.87 241.67 241.67 241.87 1.268?68 ■ ■ass 12/20/92 Pt CB PRREOOII 01/03/93 PR CB PRREQOR ISI EMP • NAME DPT 471699060 474S63339 476921919 471840971 47S443992 476663143 472S03991 469526026 475919721 469921019 472529007 469701969 507595424 469696562 469420932 469097994 474667912 475390151 477500666 475444249 477463977 471569963 477647279 475604753 504260307 472500574 121262417 490943542 477700023 334506291477029776 469909535 476793251 470700901 469949107 475392993 473746173 470566529469629194 975569177 267460042 472563051 474661296 470704904 475505292 469929499 500403192 ANDERSON, BRUCE L 31 BOBZIEN. SUE A 31 BORIS. SCOTT W 31 BOSMA. JAHIE L 12 BRINKHAUS. JOHN F 42 CARLSON. STEPHEN C 61 CHESWICK. GARY B 31 CORNICK. JAMES L 31 DEMBOUSKI. JAY C 31 ENGLISH III. IRVING 31 LRICKSON, KURT R 31 FISCHENICH, DAN T 31 FRITZLER, JOHN M 31 QAFFRON, MICHAEL P 33 OERHARDSON, JOHN R 42 GOMAN. DAVID J 35 QRCGOIIy. JAMES D 42 HALLIN. DOROTHY M 12 HANSEN, STEVEN C 42 HANSING. CAROL J 31 HASEMAN, CAROLE 12 JOHNSON, BRADLEY P 31 KARNITZ, RICKY D 31 KENNEN. JANICE M 31 KNUTSON^ CHARLOTTE A 15 KUEHN^ THOMAS M 15 MABUStH. JEANNE A 33 MCNICHOLS, DAVID L 31 MOORSE. r6nALD J 12 MOROWCZYNSKI. JAMES 31 NELSON, DAVID D 35 OBERAldNER. SCOTT 0 42 OBRIEN. RANDY L 92 Ok^N, LYLE E 33 PALWR, GREGORY A 42 OUAST, WAYNE A 92 RATHBUN, BARRY J 92 SCHOENHOTF. JOHN B 31 SRREEN. DALE S 42 STEFFEN-UGEN, RONALD 93 SULLIVAN STEPHEN X 31 TH0MTC4 MARK R 31 TOMCiCCK. LAWRENCE F 31 TOMCZYK, MARK W 31 VANG BRUCE L 33 VEE, LINDA S 12 WALTERS. LIM>A 0 15 477991139 WECKMAN. STEPHEN J YTD GROSS 45019 9J 25938 62 7017.39 15257 .54 40750.71 5950 25 44184 44 46924 63 37981 47 44617 65 40250 94 46361 46 42926 17 37255 18 51931 44 4020 69 33940 95 32092 13 29999 79 14554 07 22353 13 42560 99 3910 52 6192 14 25655 27 54906 91 47349 25 25691 63 56942 49 44562 03 4907 01 27919 70 30403 65 37255 02 27931 56 36566 12 30247 44 9161 72 29670 04 32093 35 50795 91 39705 24 41946 76 41149 71 32092 11 24795 32 29149 43 27409 01 CURRENT GROSS 94 52 50 65 57 00 97 29 46 03 40 57 96 1969 987 360 560 1569 169 1680 1469 1429 1607 1526 1634 1646 1434.01 1995.68 223 99 1811 1235 1439 545 889 1520 129 227 987 2109 2489 1344 2249 1497 135 1209 1307 1434 1170 1329 1390 515 1676 1235 2004 1699 1469 1526 1235 939 1145 CMP • NAME 76 29 77 59 72 31 29 52 51 61 94 39 92 84 16 19 37 01 62 77 39 00 25 29 09 67 29 40 29 09 29 471688060 474563339 476921919 471840871 475443862 472503991 469526026 475999721 469921019 472529007 468701969 507595424 469696562 468420932 469097994 474667812 475390151 477500666 475444249 477463877 471569963 475604753 504280307 472500574 121262417 490943542 477700023 334506211 477029779 469909535 476793251 470700601 469949107 475312993 473746173 470566529 469629194 475589177 267460042 472563051 474663296 470704904 475505292 469629499 500403192 477991539 BORIS. SCOTT W BOSMA. JAMIE L BRINKHAUS. JOHN F CHESWICK. GARY B CORNICK, JAMES L DEMBOUSKI. JAY C ENGLISH III. IRVING ERICKSON, KURT R DAN T^BJTZLER. JOHN M GAFFRON MICHAEL P O^MABOiON. JOHN R GOMAN^ DAvio J GREGORY, JAMES 0 HBLUN. DOROTHY M HANSEN, STEVEN C HANSING. CAROL J HASEMAN. CAROLE JOHNSON, SRAOLEY P KENNEN. JANICE M CHARLOTTE A KUEHN, THOMAS H MABUSIh. JEANNE A MCNICHOLS. DAVID L M00R« RdNALD j MOROWCZYNSKI. JAFffS NELSON. DAVID D OBCRAIONER. SCOTT B OBRIEN. RAFR>Y L OMAir LYLL C palmer. GREGORY ASVt5I WAYNE A RATHBUN, BARRY J SCHOCNMOFF. JOHN B SKREEN DALE S STEFFENHAOEN, RONALD flijJ-jVAN. STEPHEN X thomton. mark R LAWRENCE F TOMCZYK MARK W VANG. BRUCE L VEI, LINDA S VMLtERS. LINDA 0 WECKMAN. STEPHEN J DPT 31 31 31 12 42 31 31 31 31 31 31 31 33 42 35 42 1242 31 12 31 31 15 15 33 31 1231 3542 92 33 42 92 92 31 42 93 31 31 31 31 79 23 50 22 97 96 1099 00 60.925 96 2036.79 990.23 154.50 626.22 1572.97 1690.96 1616.22 1540.90 1666.71 1612.26 2277.40 1646.97 1437.95 2125.15 131.11 1753.18 1231.69 1017.17 532.40 907.92 1602.72 249.13 990.^3 2115.40 1900.76 1251.67 i- 2458.11 *2 1793.52 67 161.47 •2 1473.95 *6 1110.59 •4 1437.94 35 1004.35 61 1333.61 74 1096.74 63 561 43 15 1074.15 •9 1234 69 59 2009.59 74 1542.74 29 1449 29 96 1659 96 69 1239 69 25 959.25 43 1149.43 99 1090.89 60.435 15 2036 990 154 626 1572 1690 . 1616.22 1540.90 1666.71 1612.26 2277.40 1646.97 1437.95 2125.95 131.11 1753 1239 1017 532 907 1602 249 990 2115 1900 . 1251.67 2458.11 1793 161 1473 1110 1437 iCCf 1333 1096 5«1 1074 1239 2009 1542 1469 1659 1239 959 1149 1090. 19 6917 40 92 72 13 23 40 76 • ■ • CITY OF ORONO 12/11/92 Fll, DEC 11. 1992. 9:37 AM---req: LINDA VOID, typed & REVERSED A/P loc: FINANCE. .job: 1092 #S2241 CHECK REGISTER profl: CK200 <1.07> Pa9« 1 report Id: CKREC--- Check Payee ID. Payee Name Date Check Amount Type Subs Rel To Note on 009174 536 CITY OF ORONO 11/03/92 93.05 HW TR Hand Writte.1 OR 009175 227 FIRST NAT BANK LAKES 11/10/92 2.994.71 HW TR Hand Written m 009176 5U MN STATE TREASURER 11/13/92 16.50 HU TR Hand Written OR 009177 269 GOVERNMT TRAING SERV 11/13/92 50.00 SM TR Hand Written OR C'>917a 815 US WEST COMMUN 11/16/92 57.22 HW TR Hand Written OR 009179 562 NSP 11/16/92 39.11 HW TR Hand Written OR 009180 T006 m DEPT OF REVENUE 11/16/92 1.002.00 HW TR Hand Written OR 009181 T101 GOLDEN VALLEY COUNTRY CLUB 11/18/92 10.00 HW TR Hand Written OR 009182 T102 ROBERTA HAVERSON 11/20/92 21.00 HW TR Hand Written OR 009183 T103 AU$ COmUNICATKMS INC 11/24/92 8.234.00 HW TR Hand written OR 009184 227 FIRST NAT BANK LAKES 11/24/92 2.560.61 HW TR Hand Written SUB TOTALS: Total Void Machine Written 0.00 Nijiter of Checks Processed: Total Void Hand Written 0.00 fkMxr of Checks Processed: Tutai Machine Written 0.00 4/f Checks Processed: Total Hand Written 15,078.20 •—of Checks Processed: Total Reversals 0.00 of Checks Processed: Total Cancelled Checks 0.00 •Kjiter of Checks Processed: t U i TOTAL 15.078.20 0 0 0 11 0 0 i [V' ‘COUNCIL CHECK REGISTER WED. DEC 30. 1992. 9 46 PMCHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNTNUMBER INVOICE PONUMBER 26763 <• ' 26764 <• > 26765 <•> 26766 <•> 26767 <•> 21766 <» > 28769 < • > 26770 <*> 1992/12/311992/12/311992/12/311992/12/311992/12/311992/12/311992/12/311992/12/311992/12/31 1992/12/31 1992/12/31 1992/12/31 1992/12/?/! 1992/12/31 1992/12/'31 1992/12/31 1992/12/31 1992/12/31 1992/12/31 1992/12/31 1992/12/31 1992/12/31 1992/12/31 1992/12/31 1992/12/31 1992/12/31 1992/12/31 1892/12/3! 1992/12/31 1992/12/31 1992/12/31 $5,392.50 $1,915.00 $7.207.50*$143.24$143.24*$70.00$80.00$80.00$230.00*$100.00 $155.50 $85.50 $1,275.28 $130.00 $104.00 $8,303 58 1261.25 $166.38 $1.634 47 $1 . 751.87 W272.88 $53.43 $104 00 $208 00 $2,142 24 $984 50 $17,742 88* $527 44 $527 44* $19,048 00 $19,048 00* $345 00 $345 00* $218 33 $218 33* $28 58 $28 58* $338 89 $338 89* $10 00 $10 00* $e 28 $6 ?•* AEC ENGINEERING AEC ENGINEERINQAPPLIED GRAPHICS INCASPLUND COFFEE ASPLUND COFFEE ASPL ‘NO COFFEEBONESTROOBONtSTROOBONESTROO BONESTROO BONESTROO BONESTROO BONESTROO BONESTROO BONESTROO BONESTROO BONESTROO BONESTROC BONESTROO BONESTROO BONESTROO BONESTROO BONESTROO ROSENEROSENEROSENE ROSENE ROSENE ROSENE ROSENE ROSENF R05LNE » 3SENE OSENE ROSENE ROSENE ROSENE ROSENE ROSENE ASNASNASN ASN ASN ASN ASN ASN ASN ASN ASN ASN ASN ASN ASN ASN ASN CHARLIES BODY SHOP CITY OF LONG LAKE COFFIN QRONBERQ COPY DUP PR INC CROWN MARKING INC CRYSTEEL DIST INC DIXIE PtTRO-CHEM EARL F ANDERSON ASSC CONSULT WTk TRW CONSULT WTR TRWPRINTINGCOFFEECOFFEECOFFEEENG RETAINER OCT COMP PLAN AMEND DRAFT PRECINCT MAP ENG APPLOIC OCT ENG OCT MSA GEN OCT INSPECTIONS OCT EASEMENTS ASSIST OCT ASSMNTS ASSIST OCT ENG RFP 83 ENG CHARGE ORDER 62 INSPECTIONS OCT INSP MCCULLY RD OCT EASEMENT ASSIST OCT INSPECTION 09CT LOS 89 FINAL ENG LS OCB RD TRAIL ENG OCT REPAIR 1ST OTR FIRE 0438-4306 5699 0438-4306 57630129-4322 0001830129-4382 51307 0039-4382 51307 0174-4382 51307 RENTAL NAME PLATES PARTS DEMURRAGE FGT PARKING SIGNS 0200029900*0 0840 0249 0249 0408 0408 0408 0408 0408 0438 0354 0355 0569' 0569' 0359 430443064306 4305 4305 4305 4306 4308 4306 4305 4305 4306 4306 4305 4531 4531 4305 A22570A22570A22570 A22S70 A22570 A22571 A22572 A22572 A22572 A22573 A22574 A22575 A22576 A22577 A22578-79 A22578-79 A22S80 0249-4342 000184 9001-1290 000190 EASMNT RLS 1420 MCCULLY 0569-4306 1251 0129-4210 01642024 0020-4210 64148 0249-4232 39485 COUNCIL CHECK REGISTER WED. DEC 30. 199/, 9:46 PMCHECK DATE CHECK AMOUNT VENDOR ACCOUNTlit 1 28772<•>26773 <•>26774 <•>1»92/12/3Xn92/12/311992/12/311992/12/311992/12/311992/12/311992/12/311992/12/311992/12/31 1992/12/31 1992/12/31 1992/12/31 1992/12/31 1992/12/31 1992/12/31 1992/12/31 1992/12/31 1992/17/31 1992/12/31 1992/12/31 1992/12/31 $7.25 S24.92 $32.17*$87.00$87.00*$12.65$12.65*$27.41$27.41*$824.40$63.27$887.67*$130 80 $142 86 $273.66* $854 39 $495 29 $260 03 $156.03 $364.04 $42 28 $649 78 $898.57 $424.93 $47.71 $111.33 $17.80 $31.70 <•>$4,353.88* 2i77l <•> 1992/12/31 $576.00 $576.00* 2i779 1992/12/31 $47 54 $47 54* 29710 <•> 1992/12/31 $758 44 4758.44* 29791 1992/12/31 $1.386 00 $1,386.00* 29792 <•> 1992/12/31 $47 79 $47 79* 2C7I3 <• > 1992/12/31 1992/12/31 $13 50 $61 82 $75 12* QERHAROSON. JOHN QERHARDSON. JOHNHARRIS OFFICE EQUIP HASEMAN. CAROLE HENN CTY SHERIFF DPTJIM HATCH SALES CO JIM HATCH SALES CO LOQIS LOG IS LOQIS LOGIS LOGIS LOGIS LOGIS LOQIS LOGIS LOGIS LOGIS LOGIS LOGIS SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 SUITE 300 LONG LK FORD TRACTOR MARTINS NAVARRE 66 METRO WASTE MINNESOTA CONWAY MPLS OXYGEN CO MPLS OXYGEN CO DESCRIPTION NUMBER INVOICE NO NUMBER MANUALMILEAGE0249-4381 000186 OHSUPPLIES0039-4210 000186 OHREPAIR TYPEWRITER 0039-4340 0814 OHMILEAGE0039-4381 000187 OHPARTS0129-4232 000188 OHR.E TAXES 2700 KELLEY PKW 0651-4383 000205 OHR.E.TACXES OUTLOT A 0651-4383 000205 OHPARTS0249-4232 2082 OHPARTS0549-4232 2082 OH LOQIS APPLIC SUP**0069-4352 119206 OH LOGIS APPLIC SU*^-P NOV 0129-4352 119206 OH LOGIS APPLIC SUPP NOV 0174-4352 119206 OH LOGIS APPLIC SUPP NOV 0549-4352 119206 OH LOGIS APPLIC SUPP NOV 0569-4352 119206 OH DATA PROC NCV 0039-4355 119206 OH DATA PROC NOV 0069-4355 119206 OH DATA PROC NOV 0129-4355 119206 OH DATA PROC NOV 0174-4355 119206 OH DATA PROC ND/0549-4355 119206 OH DATA PROC NOV 0569-4355 119206 OH COURIER DP NOV 0069-4353 119206 OH COURIER DP NOV 0569-4353 119206 OH HEPATITIS SHOTS 0129-4306 000189 OH PARTS 0249-4232 160015 OH REPAIR 0124-4341 000191 OH NHOV SAC CHRQ 9001-2226 000192 OH NOZZLE 0290-4231 23689 OH DEMURRAGE 0129-4232 :-l4611 OH FILL OXYGEN TANKS 0129-4232 45847 OH ».il DESCRIPTION•lilire 0C o•council check register THU. JAN 7. 1993. 11:18 PMECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNTNUMBER INVOICE NO PONUMBER MANUAL26105<•>1993/01/111693/01/11 8102.10842.088144.18*ALL STAR ELECTRIC ALL STAR ELECTRIC REPAIR LGT PO INSTALL SWITCH 0099-43430590-4343 9267-119267-12 OHOH26106<•>1993/01/111993/01/111993/01/11 856.70864.77$149.835271.30*APACHE PAPER CO APACHE PAPER CO APACHE PAPER CO C FOLD TOWELS T PAPERC FOLD & T PAPER 0129-42310129-42310099-4231 115317115317115317 OHOHOH26807<•>1993/01/11 8411.518411.51*BRYAN ROCK PRODUCTS ROCK 0249-4233 000249 OH26806<•>1993/01/111993/01/11 848.17817.37885.54*CELLULAROHECELLULARONE TELEPHONETELEPHONE 0129-43200249-4320 000216000216 OHOH26108<•>1993/01/11 82.034.40 82.534.40*CITY OF LONG LAKE 4TH QTR PD RENT 0129-4332 000253 OH26110<•>1993/01/11 8298.318298.31*COLONIAL LIFE lilS CO DEC INS 0129-4152 000206 OH26IU <•> 1983/01/11 829.76829.76*CYS UNIFORMS UNIFORM 0129-4221 56520 OH 26812 <•> 1693/01/11 821.32 821.32* DAY TIMERS IKC OFFICE SUPPLIES 0129-4210 9234300-001 OH 28813 <•> 1083/01/11 85,265.00 $5,265.00* E-Z RECYCLING 0£C RECYCLING 0295-4392 000547 OH 26814 <•> 1903/01/11 8626 46 8626.46* FACTORY DIRECT FURNITURE TABLES 0480-4540 H19283-KRU OH 26815 <•> 1993/01/11 865.00 865.00* FIRST BANK NATIONAL ASSN SAFEKEEPING FEE 9001-3810 000252 OH 26816 <•> 1993/01/11 8228.90 8228.90* FISCHENICH/DAN UNIFORMS 0129-4221 000207 OH 26817 <•> 1993/01/11 1983/01/11 1993/01/11 1993/01/11 1993/01/11 890 08 846.30 830 34 812.80 8347.87 8527.37* G & K SERVICES Q & K SERVICES Q & K SERVICES OAK SERVICES G & K SERVICES MATS UNIFORMS UNIFORMS UNIFORMS UNIFORMS 0129-4343 0569-4221 0549-4221 0590-4221 0249-4221 000208 000208 000208 000208 000208 OH OH OH OH OH 26818 <•> 1993/01/11 812.92 812.92* HALLIN/DOROTHY MILEAGE 0039-4381 000210 OH 26819 <•> 1983/01/11 8872 75 8872.75* HENN CTY FIN DIV NOV ROOM A BOARD 0080-4358 000944 OH 26120 1993/01/11 8287.28 HENN CTY SHERIFF OPT NOV BOOKING FEES 0080-4358 000209 OH oCOUNCIL CHECK REGISTE’< THU, JAN 7. 1993, H:18 PMVENDORCHECK NO CHECK DATE <*>CHECK AMOUNT$287.28*DESCRIPTION ACCOUNTNUMBER INVOICE NO NUMBER28821 1993/01/11<•>9M199 I 009/n1 / I I $555.69 HENNEPIN COUNTY TREASURER TRUTH IN TAX EXP $555.69*<Inn It TFT nilTTK FN\/FI nOFC 0020-4323 0002111190.4999 R09n^4 COUNClCHECK• e* {• rr r11 E 1 uF t COUNCIL CHECK REGISTER THU. JAN 7. 1993. 11:16 PMCHECK NO CHECK DAiE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNTNUMBER INVOICE NO NUMBER MANUALOH 4> ^ INVOICE HO 40NUHBEK HANUAL3: 341771 OHi34 000214 124 000214 124 000214 124 000214 OHOHOHOHOHOHOH0 0 00 0 00 0 00 0 0325 000219 OH0 0 0OHOHOH341 000220 OHIS40 1S057B IS40 151749 1540 151749 15«C 151749 1540 152491 1540 152441 *540 152491 OHOHOHOHOH OH OH 4152 000221 OH 4540 B74235 OH 4210 3744497 OH OH4210 3744144 4341 9127549 OH §i§ii|i s i » s > K i 4 s i i a K i Si OH OH OH OH .4354 000222 OH KJPifl <COUNCIL CHECK REGISTER THU. JAN 7, 1993. 11:16 PM CHECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNTNUMBER INVOICE NO PONUMBER P*9« 5MANUAL26957<•>1693/01/111693/01/111993/01/11 6542.00 6145.666271.00 62.525.04*GROUP HEALTH INC GROUP HEALTH INC GROUP HEALTH INC JAN INS JAN INS JAN INS 01)4-41510590-4151 566149586149 OHOH26656<•>1993/01/111993/01/11 6219.006439.00 6656.00*ICMAICMA DUESDUES 0039-43800039-4380 0002'30002:0 OHOH26659<•>1693/01/11 675.00675.00*INTL CONF-BLDQ OFFLS DUES 0174-4380 78780 OH26660<•>1993/01/11 640.00640.00*LAKE CTY CHAPTER ICBO DUES 0174-4380 000231 OH26661<•>1993/01/11 646.176.00646.176.00*LMCIT-BERKLEY RISK 1993 WORK4COHP INS 9001-1280 000248 OH26662<*>1993/01/111993/01/111993/01/111993/01/11 6417.916146.906146.906542.0261.253.73*MED CTR HEALTH MED CTR HEALTH MED CTR HEALTH MED CTR HEALTH CARECARECARECARE JAN INS JAN INS JAN INS JAN INS 0249-41510129-41510069-41510174-4151 000234000234000234000234 OHOHOHOH26663■ •<•>1993/01/111993/01/111993/01/111993/01/111993/01/111993/01/111993/01/111993/01/111993/01/11 61,90J.326613.006542.00 6458.1661.103.466271.00 6258.12 6367.2061.479.9267.213.20*MEDICA CHOICE MEDICA CHOICE MEDICA CHOICE MEDICA CHOICE MEDICA CHOICE MEDICA CHOICE MEDICA CHOICE MEDICA CHOICE MEDICA CHOICE JAN INS JAN INS JAN INS JAN INS JAN INS JAN INS JAN INS JAN INS JAN INS 0129-41510249-41510069-41510174-41510039-41510115-41510549-41510569-41519001-1296 000235000235000235000235000235000235000235000235000235 OHOHOHOHOHOHOHOHOH26664 <•> 1993/01/11 615.00 615.00* METRO AREA MQMT ASSN DUES 0039-4360 000233 OH 26665 <*> 1693/01/11 621.629.00 621.629.00* METRO WASTE JAN FEE 9673-1282 51480193 OH 26666 <•> 1693/01/11 624.96 624.96* MN BENEFIT ASSN JAN INS 0129-4152 000236 OH 26667 <•> 1993/01/11 625.00 625.00* MN CHAPTER OF lAPMO DUES 0174-4380 000229 OH 26666 <•> 1993/01/11 6420.00 6420.00* MN POLLUTION CONTROL AQEN SEMINARS 0569-4356 000232 OH 26669 <•> 1993/01/11 6337.50 6337.50* NATL FIRE CODES SUBSCRIPTION 0174-4240 000236 OH 26670 1993/01/11 645.00 NLi'.TH STAR CHAPTER DUES 0174-43801 000237 OH V COUNCILCHECK NC <•>26171<•>26172<•>26173<•>26175<“>26679<•>26677<•>26171 26671 <•> 26661 <•> COUNTNSCR INVOICE NO PONUMOER MANUAL9-4151 516149 4-4151 516149 9-4151 596149 OHOHOH1-4390 0002.'«0 1-4390 000210 OHOH1-4390 79790 OH1-4390 000231 OH1-1290 000249 OH>-4151 000234 1-4151 000234 >•4151 000234 1-4151 000234 OHOHOHON1-4151 00023S 1-4151 000235 1-4151 000235 >-4151 000235 I-41S1 0O023S 1-4151 000235 1-4151 000235 1-4151 000235 -1299 000235 OHOHOHOHOHOHOHOHOH » 1-4390 000233 OH 1-1212 SU90193 • OH -4152 000236 OH -4390 000229 * OH -4356 000232 ON ' \ -4240 000239 -a -4390 000237 OH oCOUNCIL CHECK REGISTER THU. JAN 7. 1993. 11:16 PM pagt 6lECK NO CHECK DATE CHECK AMOUNT VENDOR DESCRIPTION ACCOUNTNUMBER INVOICE NO PONUMBER MANUAL<•>645.00*26971<•>1993/01/11 612.00612.00*PERA INS JAN INS 0129-4152 000240 OH26872<•>1993/01/11 64.646.6564.646.65*PUBLIC EMPL RET ASSN PERA 12/20-1/3/93 9999-2031 000239 OH26973<*>1993/01/11 617.75617.75*REDLINE LEVEL INS SUPPLIES 0174-4210 000241 OH26974<•>1993/01/111993/01/11 61,452.166162.0061.614.16*SAFE BENEFITS SAFE BENEFITS JAN FEE JAN FEE 9001-10500299-4306 53595359 OHOH26175<•>1993/01/11 6125.00 6125.CO-SENSIBLE LAND USE COALITI DUES 0174-4380 000242 OH26976<•>1903/01/11 6335. 00 6335.00*STRINGER BUS SYSTM MAINT FAX MACHINE 0129-4340 152316 OH26977<•>1993/01/11 6168.346168.34*TELEPHONE SPECIALIST JAN MAINT 0099-4340 28208 OH26979 <•> 1990/01/111993/01/111993/01/111993/01/111993/01/111993/01/111993/01/111993/01/111993/01/111993/01/111993/01/11 1993/01/11 $79.56639.80679.56679.5568U.24611.93627.846104.966134.90$107.16$172.43 $4.14 6922.07* US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN US WEST COMMUN TELEPHONETELEPHONETELEPHONETELEPHONETELEPHONETELEPHONETELEPHONETELEPHONEAOVTELEPHONE TELEPHONE TELEPHONE 0039-4320 0069-4320 0174 4J20 0059-4320 0249-4320 0549-4320 0569-4320 0590-4320 0590-4323 0175-4320 0129-4320 0175-4320 000243000243000243000243000243000243000243000243000243000243 000243 000244 OHOHOHOHOHOHOHOHOHOH OH CH 26976 <•> 1993/01/11 638.15 638.15* WALTERS LINDA OFFICE SUPPLIES 0039-4210 000246 OH 26690 <•> 1993/01/11 6105.00 6105.00* WESTONKA CHMBR COM DUES 0039-4380 000245 OH S130.549.5t* I 0 ;6j Hri fi •0 gj i:4 S ^Ofli3"4* f?' licco COUNCIL MEETING JAN 1 1 /f CITY OF ORONO I TO: FROM: nATE: M^yor and City Council Ron Moorse, City Administrator January 5, 1993 SUBJECT: Planning Commission Re-Appointments As directed by Council, staff has contacted the current Planning Commission members to determine their interest in serving an additional term and also to determine whether they have a preference regarding the length of term. The following members wish to continue as Planning Commission members with the length of their terms to be left to the Council's discretion; Maureen Bellows Jeff Johnson Candice Rowlette Charles Schroder The following members wish to continue as Planning Commission members and request two year terms: Ed Cohen Stephen Peterson M ILNNtPlf r^r "'ll I \1! M f/h J Tanuary 4,1993 4707 Welcome Avc. N. Crystal, MN 55429 (612) 420-4546 •JAH 5 ISM Dear Mayors and City Councils of Hennepin County: The Hennepin County Agricultural Society, sponsor of the Hennepin County Olde Tywe Fair, is inviting you to part icipate in yoar County Fair. The 1993 Hennepin County (jlde Tyae Fair is scneduled for July 21 - 25, 1993 at the Corcoran Lion's Park, located at the intersection of Hwy 101 and CO. RD. 10 in Corcoran. Some of the major events scheduled are Moto Cross races. Demolition Derby, Amateur Talent Contest, Bingo, Evening Band Concerts, 4-H and Open Class Exh-iits, CommerciAi Exhibits, Helicopter Rides, Pig Races, Camel Rides, as well as a Carnival, and much much more. How can you as a City participate in the County Fair? 1. Include articles abou: the 1993 Hennepin County Olde Tyme Fair in you City Newsletter, utility billings, etc., this spring and summer. 2. Make a contribution to the Hennepin County Agricultural Society to help finance the County Fair Under the 19?1 Statute, law no. 38.12 APPROPRIATIONS BY CERTAIN MUNICIPALITIES, Municipalities can give tn the Co. Agricultural Society annually a sum not to exceed $1000.00. 3. Have your Mayor attend the Special Mayor Recogition event on Friday, July23, 1993. 4. Encourage your employees and Council members to attend the 1993 Hennepin County Fair and experience the enj,>-cnt of an -Olde Tyme" Fair for themselves. For further information about the 1993 County Fair, write to Hennepin County Olde Tyme Fair, 4707 Welcome AV. N. Crystal, MN 55429 or call 420-4546. Thank you very m»ch for your cooperation and support. With vQur help we can make the Hennepin County Olde *yme Fair a huge success. Sincerely, Karen Nogenson Secretary • % • *Cilyo^ Sonh^ay 4d01 Mjn.too no»d. TwM«a Uav V!lftnesot« 5S331 (6T2) 474 7994 ?AX 4 1\ r.01«» M;\ < o« i. M CCUNCIC G§f‘9*d Doug*M « •» Guv fiaui johr» • r#** ADMiKif rp STOlt January 4, 1993 Hsnorabl* Ed Callahan Mayor, City ot Orono P.O. Box Crystal Day, MM 55323-0066 Dear Public Official: Many communltie# recently received notice Croa the Metropolitan waste Control Comaleeion (MWCC) that their wastewater chargee for 1993 will bo increasing. The MWCC currently serves 105 aetra nunlclpalities, including 13 in the Lake Minnetonka area. As you can see from the attached spreadsheet, Lake Minnetonka area conaunities have taken the brunt of the latest increases. For example, Minnetrlsta's rates will be increasing 78%, Wayzata'e 601, Tonka Bay's 541, Shorewood's 47% and Spring Park's 461. Our area has the distinction of having five of the six largest percentage increases of ail 105 laetro coBaaunltlee for 1993. In addition, many of these ease cdiununitles have received notice that their 1994 rates are expected to increaas 60% or more. We should all be outraged that the MWCC has, without justification, dumped additional coots onto our comunlties leaving us no choice but to pass along these outrageous increases to our residents. This fall, two meetings were held among our cities to dlecues the Increases, similar Inflow and Infiltration problems and update each other on what each city was doing to addrsss thssm problsots. We also Invitsd rsprsssntatives from MWCC to sxplain their cost allocation and wastewater Clow measuring methods. The oitlee of Shorewood end Tonka Bay are both contesting t.he MWCC'a vaetevater flow estimataa and I hope other cities in eiailer situetione ere pursuing this matter and not simply accepting their eetioatea end sending e monthly check. Pert of the problem with the MWCC is that we do not believe their wastewater flow eetlmetee ere accurate, thus we ere providing more then our fair share of revenue and directly eubeidialng the rest of the eyetee. However, the purpose oC this letter le to focus on the other side of the ledger, l.e. graMth la iLaft aad iPtcdlng which also results in increased sewer chargee levied by the MHCC egelnst ell cittee. Page Two January 4, 1993 th. tot.l nunbS? of eiipjo^ir?* I,x95. With increases in staff como increases in benefits and equipment needed for the new employees, further magnifying the ^sts. The total Increase in employee salaries for 1993 is 5%. pployee benefits are increasing 13%. Does the Mwcc realize the ^ugh economic times that our entire nation is going through? While cities are forced to cut budgets, MWCC staffing and spending continue to grow at an alarming rate. The 1992 Stanton Salary Survey indicates that many MWCC jobs have the highest pay and Mneflts of any comparable government jobs in the Twin Cities. Why? The MWCC has no accountability to its cities and their constituents. Have you ever seen MWCC employees driving anything but brand new vehicles? Our experience tells us no. why? Here again, lack of accountability. Why should the MWCC try to stretch their (our) dollars as far as they can when no one is overseeing them and holding them responsible for their spending decisions. We ail talk about reducing coats and increasing sfflciencles. What incentive does the MWCC have to achieve these two goals? Something in this system Is failing and it Is about time that, on bshalf of our residents, vs do something to address it. The 1993 budget has been adopted, however, now is the time for us to make our feelings known not only to the MWCC, but to the Met Council and, most importantly, our state legislators. We need to explain to them what is going on with this organization, in addition, we need to focus on the budget process for 1994 by attending the MWCC budget meetings and making our fecllngR known. If we do nothing now, we will all be In a much worse situation in the future* Now is the time to make your feelings known so that change can be enacted and this organization held accountable to the public it ie suppose to serve. Pleeee review the enclosed information and pass it along to othsr slsctsd officials and staff In your city. Thank you for your attsntion to this natter. Slnneroly, CITY Mayor ce/anct Governor Arnla Carlson Met Council Chair Dottls Re1tow •snator Rd Oliver Representative Tom fforksan fienetor Cen Oleon Representative stave Smith Laka araa newspapers Cncleeyree j Budget Message Jul, 21, 1992 • the low fite of increase In the budget ibowg that ouf_comprehenslvej_ '!fi9JlirpCi5<** •PP/oicl isbelping to control cosLs._ <Ij is also consistent with fiscal responsj|^lity( at a IHiP.c n our state md local jovcrnniijjtsji£ ^^hasiaing fiscal rcstralnL ,,, ,,, Our objectiveji to cUminate ■surprises" for Its customar communities, and W«dsily conitnuniues^ Wc^bclicve‘thTwi ^pctltjoj B\|(^ct ihotM tb^ tbit strategy iswoiE* fe,*** ^ MilQf Changfi Butlgtird in 19 93 Prpf. IOOj Potential funds for informatioc man agement initiatives were transfcrrvd to the Oilef Administrator’s budget pending review of priori ties, costs and benents by an interaal task force. Tbc eandidate initiatives include staff and soft ware for automated time and attendance; for net work administration and for data base administration. $243.900 Prof. 2300: The budget total is negative, to reflect foreouted saving?i for self-insurance of worhen’ compensation (versus purchased insurance). The budget would allow the NfWCC to cof inue and expend the at If-insurance Initiative begun irt 1992. It adds a fiak apecialisi^managcr and consulting tPL»ces jof Klf-insurance, and deieteTtbeTore- cnated aavuigs Tbc budget abown in the Uble rcflccla this aegative value. ($2hft/!30) Prog. 1900: Bcceuvc of the agency's bigb ^Ofity on equal opportunity and diversity managcmcot •ctiviiiea and the needs generated by the Vf\^'CCl large and dcccatralLzed workforce, .^tidgeted in thU wea, including m equal cj^nuaity coQiultam and am admlnUtrativa Cl«k*«J74^9 Prog. 2100: Tbc added budget is to add a gUMger for Aoaacul and oocounting tervioes h reflacu Hi growiai; sigatneenoe of flaancial Bana^ment for At MWee. J59,150_ Program 3t00: To iuppart ouJnteaanci fei ib« expanded regiottat plant lystcfii^tbf budget would Prnnn dlOOr Add III tteff for txpasstot «f itiaci 3fc ’Unrp, rodistrdsutftj froro oibar ptaua pp* labor agrrcmeni Program 3200: To assist with field woik xs the NuUflTjnu Hid N Viro residujl solids re-usc pro- grams grow, the buJgi t perniiU the RS,Vf pm gram to add an environmcDtal acientL^i This would free the current environmcnUl scientist to manage outreach programs and should reduce 0%’criime. $38,280 Program 3200: After two years of funding through the capital budget while under develop ment, ibc N-Vifo program for the southwest area is funded through the operating budget beginning 1993 Si.4 million Program $100: The budget^dds an operations joordinatof (in lieu of a l/2*time administraUve assistant). Tbc intent is lo undertake work to free Ibo adminiilrativc manager to monitor training efiectivencaa in the department. $34^7g Progrum 3901 : To provide more managemeni «t Ibc Metro WWTP, add Ibrae auff panagffjj- ^ lete the opeiations coordinator and iiaiiof $140,851 ^ Program 3902: Delete 16 auisunt opernon from this program in accordance with labor nego. tiationsand add five tt^(f in accordance with labor agreement. The budget shown in the table reflecta this negative value. ($5 77,177) Program 3902: Budget for aeoondary N-Viro handling it Metro WWTP. $40,748 Prograia 3903: To comply iritb reporting re quirements for air permiu at the Metro WWTP, ecpla^parl-time ttudeot engineer with a enginee^g aide. $11,802 Prvgran4200: Surt-upofthe exuded plaai is S“»ntiti«s ofaladge, whjci wUl be iraniponed lo Seneca or Metro for treat- mem. The budget in 1993 provides foe Itoe •dditiojul drivers tnd two addaional leMed trucks $21 9,681 Praira»4200: ne budget pilings (be additigi , ••Hre plant ezpansiOM two as- aisiam operators and oac hibrkator. $143,258 Pragrani 3300: Tlte budget would add a 12- to aupport i^e regional mainteauct cleri^l tuff and provide afieevoon receptioatai covwagt 116 389 Peafraaa 4l00i For expesdad SUPwaig ^'WTP. add ta oeetatoi bu deleti oveifimc aidi 4o planri ahtre of the lead pipeOacr. $35,2Bt rniRQ^iiAMvirASiif cxjNTfn nwomwon tMlfUtr CCMTii^&£H•ssTt9fU 4#i 140 1.79i 34S l#§5 7f ^PfO fto t«s 1.130 10 10 »« to t too ijr» » ft ijio • HI lO !10 0%« CiKBOWOM•SlowT7Mi t.lO^UO tjonuu OiOi)n OJO’OJO IM140I 9^3 r;) 10 071. ?54 TUMf 20X300 0.O0X«Ot •0X00 nnoi tootNf^Tf^702 U4J01 OJ.«n I,t4«.040 000317 777.017 O.OtlJHO 401 OOJ fJO 90X3000 90$cnr • im.514 ^MI94 000 OOf 707JJO7 0OU770 17 007 HJili M90SS 9.13000 MOO 00 9.190 30 1.100 30 9.930 30 1.130 33 9.90033 1.15033 9,too 15 1.i!!«00 • .93030 1.10050 9 13050 9.950 50 9 13035 1.93030 I 10O3S 99i §75 i 79 m ii« m If 1 rauo %ij 55M m^m 1.93095 7001 HJ/5 1.1055 1 137 9.»0 1 900 a.537 47D.07 9.1055 UiOUi • #80400 9.9M0 •402a5 1.4M 104 • 9055 717004 03242 9 9055 75 at 53 10 1.100 34l30t 3 7.M4O0 9 9055•oxa M«250 9 954 55 03M 90430 M053 304M 574041 1.95055 fi 4/5 14.1 44 9.1055 umf 3).4Jt i.aii 7579*1 rjeicji 9.1055 49090 30/944 9.90 0 3 a 470 22JO10 l.tMTl 0 a 75514 9,100 50*19 OSVO30 1.10 0 ff,9nji34 0.am 1.105% •4X70 13X70 9.100 9.11701 ta 905 9 900 0212 0 t/4 1.1500 1 <371252 T 0540 M03S a/04 02X02 1.1500 74a to/so 1 1055 43201 4400 1.900 •00014 9aa 9 900 83j30t 49 a 1.100 MO0 91 m • 100 9.07 9 04 9,100 1 UAL4JI 15^ 900M5» •f«3!kM900Hi 04 ion U3 74C 19« 3*5 7oX> •OOi 71 9070 /7J 079 fl7 fl44 •O 10 01 73 9 1710 9907 •70 79 rm 107.170 941 730 70 •237.104 SB7334 750204 2.U507C 4JOJ01 f 4J0234 1.079 701 71.7» 9 J05 170 f3/V«0 10210 97091 39205 77 073 1209 1.^JN§ i.«3Xiot l^?/l7 700007 252» 0737 007 1501miIllOOt 05 4CB 1.1044/5 300090 TOioia 7 070 370 4/3470 7.043 104 70040 9.I05.400 707230 000 9J0 301377 1449 140 90094 um Ji.ti7 f/jBU 9.940 073774 1JM/470 1.404000 *1.300 77 W 7 340100 5703 8.470 9 937 fXtSI 9 O 00 757471 0/004 904 90 a • 0230 404 0X304 a.04 90 71479 74.94i /•53a 39 22 020 75900 f7tO0 04 740 TM9%mm 221120 /O 94 on 0.444 404 03 344 •%790 9O2VJ0 liJoBm •0 13140 129.90 §10 § •» at i 0 oooo 1030400 04O770 fQ4i§ aj4i 79 270 «J90 o 0470 '.707.710 001444 aojoo 10O9I 970J074 27.400 7JW4 1003fufx1201 10 120190 9209 90 1209 90 9201 90 1201 90 1209 90 1209 90 9209 19 1209 90 • 201 10 1201 10 1209 to 9201 90 1201 10 9209 90 1201 90 9209 90 9209.90 1207 10 1201 90 9209 10 9201 to 9201 10 9409 90 1201 90 1201 90 •201 90 1209 10 9201 10 9201 ro 9 20110 1201 to 103 34H • 209 10 4070 9 001 lO (1102011 9201 10 • • JOfiO M07 1209 to (lOnUMJI 9209 90 • 201 90 • 209 90 1201 90 (1000031 1209 10 (75 1711 1201 90 9201 iO • 201 to 9209 90 9J09 90 f CNMQGflioaAaisnoaifiwei •g§rpf|4 to 9013 our TOISfJM 0440711___ oxt roaw !^a Q95ifo Tor2|.7.9275250 7239 41.Mi 7f4» 10279 17210§220 4207 OtOi3 729J 7239 7227 35234 •0200 0 0237 0 717 I7M0 1904 15414 7720 |93J0% 040 0.a 13000 €0240 0 71274 79274 •040 0 015 a 0404? 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Director—League of Minnesota Cities • City Manager—City of Pnor Like • Cily Administra- lot—City of Luveme • City Manager—City of Columbia Heights • Quality Coordinator- City of Minneapolis • Avtisiant Director of Poblic Works—City of Rffseviile TtpHStnUtlve Starches: • City Coordinator— City of Minneapolis • Village Manager— aty of Hazekrest, IL • Gsmniunity Develop- ratnt Director—City of Likeville • Dbiector of Sales and Marketing—Op tical lens Company • Dirsign Engineer— Nerdquist Signs • Mviager of Light Rail Tians • t— Reg lona I Transit Board Eiec. Director—Cold ♦Veather Resource Center • Eaec. Director— MN CMefs of Police AisocUtton • Qty Manager-City of Rsbbinsdale • Gty Manager—City of Btfison • Qty Manager—City of Becker New Profile Analysis Services Available Tlu‘ Criincyer Croup announces a new service which will aid in "Managing the Energy in your Environment " Called the DISC Behav ioral Management System, this high-tech program does a profile analysis of individuals iTio results help staff and Doards/Councils to understand their behavior in both individual a:td group situations The process for the profile analysis includes: completing a qui’stionnaire—which is a self- assessment of an individual's .x'havior. Next, numbers from this sheet are plotted onto a graph Then, The Brimeycr Croup puts the numbers into a unicn- computer program and a written rep<irt is g' rated. The report on individuals is very sp>ecific and covers the following areas • Internal Motivation • Self-management Strategies • Identification and Management of Conflict In order to provide the DISC System, Brimeyer recently completed qualification training on the Performa* Systems Interna tional through Carlson Learning Company. The system can be used to evaluate candidates in the recruitment process, as a device for setting up a team-building exercise, and for Individual growth and development. For more information call The Brimeyer Croup at (612) 945-0246 Teaching Assignmerif For the Spring semester of 1993, lim Brimeyer Will b« teim-teaching at Hamline Uruveraity with Jim Prosser, City Manager of Richfield In the graduate school they will be teaching an elective course entitled, "Administering Lxxal Government." The Brim Re port The Brimeyer (jroiip, Iik UfCUTlVt SEAUCMCONSUttANIS One Tenth Ave. South Hopkins, MN 55343 (612) 945-0246 New Members Appointed to the Advisory Board The 3rimeycr Group recently appointed three professionals as new members of the Public Service Management Advisory Board (PSMAD). Similar to a board of direc tors, the purpose of this Board is to examine the public sector executive search process, advise The Brimeyer Group of trends in the industry and provide information about profession als in the field Jim Brimeyer likes to be able to "pick the brains" or members of the PSMAB. "This helps me determine what new services should be offered to public sector managers and how we might improve our existing services," he said. The new members are: • Vejay 5k-thi—County Coordinator, Clay County, and President of the Minnesota County Administrators Association • Jeff Weldon—President of the Metropoli tan Association of Urban Management Assistants, and Assistant to the City Administiator in Apple Valley • Virginia E.dahl—Deputy County Administrator of Washington County A variety of criteria is used when selecting people to serve on the Advisory Bc;jard: Leadership positions in professional organi zations, representation from the Metro area and Greater Minnesota, and representation from both small and large organizations. Established early in 1992, the PSMAB meets quarterly. According to Brimeyer, 1993 meeting dates have been set for February 19, May 21. August 20 and November 19. 29s Executive Update Pouter __Colleagues __File In notebook Mayor anu City Council City of Orono Boi 66 Cryatid Bay. NtN SSIM WfT T i-m orrcf mm jcaow □ I The Brim Report 11k BriincNcr Cifonp.im • ■tcutivl Sf *»CMCO«SuirAS*5 One Tenth Ave, Sowth Hopkins. MN j.‘)343 (612) 945-0246 (612) 933-1153 lax ) o Oh <D P< QJ umy IMS 1, liiu# 2 SP5lCialRep ort —From (he Presi<;fpnt What are Organizations Looking for in a CEO? Py lames Brimryer—President Throu>;h my experiences in manam'ment and executive search spanning almost 25 years. I've ebserved that organizations want a different set of skills and experiences from the manager of (he I990's, as compared to the manager of the 70's and 80's. Skills for Managers of the 1990 ’s Specifically, Boards and Councils are looking for Ma '>agerial candidates that: • Have expericiu'c in economic develop ment and expanding the tax base • Are skilled in developing employees toward their chosen career path • Have developed employee evaluation programs with reward s)'stems • Know about "right-sizing" organizations, including the combination of sorv’ices and the reallocation of resources • Can provide leadership without getting involved in politics, while being in the forefront of activities • Will all )w Boards and Councils to be involved In participating in the activities of the orgaruzation • Will be very accessible to the individual members of the gov erning Board • Have a "process" versus a "task" orientation, particularly as it relates to dealing with staff and the public • Be in an anticipatory mode so as to advise the governing Board of future trends and how to deal with th(>se trends Specifically, Boards and Councils expect their Chief Executive Officer (CEO) to be community oriented, customer driven. results-fiKused. and have a strong wt of pers mal values Successful CEOs will empower volunteer citizens and staff—from the top level to the w'crker on the street—to make decisions CSetQng the "Edge" 1 have observed several candidates that are highly skilled in the technical, firvancial arsd functional areM It is a combinalHxn of these skills and the ab^we listed <}ualities and espenerkes that give these indtVKfuals the h>» the ideal peaitton Strategic Plan Coordinated for the City of Hopkins The Brimeyer Group recently completed its involvement in the strategic planning process for economic developn.ent for the City of Hopkins. Strategic planning is defined as, "The process by which an organization envisions its future and dev'elops the necessary proce dures and operations to achieve that future." Hopkins is one of the only cities in Minne sota to undertake the strategic planning prixcss specifically for economic develop ment. According to Hopkins Mayer Nelson Berg, Chairman of the Strategic Planning Task Force, "Jim Brimeyer was >'ery helpful throughout the process It was important for us to have a facilitator outside our organiza tions so that each p>erson had an opportunity to express individual opinions." Through the Strategic Planning Task Force, (set up by the Hopkins City Council) five Issues were identified. These issues will be focusenJ on in the next two to five years: Business Rctention/R4?cruitment, Neighbor hoods, County Road 3, Mainstreet and City- Wide Image Berg added, "We are veiy pleased with the results.* Brimeyer Presents Unique Topics jim Brimeyer is ivailzble to »p«sk on the following topics • Employe* Recruitment end Selection— Potluck or Process • Irrterviewing—Art or Scienre • Employee Evaluetion—Motivete o# Threelcn • Teem Buiidirrg—Productive or Protecbve • 5tr«tegic Planniitg/CoeJ Sx‘«lng— Pro*..five or Reet^tive To errtnge « presemebon hn *n event /wmtner or «*ff meetirtip cai (*12) League of Minnesota Citie? January 5, 1993 3490 Lexington Avenue North St. Paul, MN 55126 (612)490-5600 7 3993 TO: All clerks, mayors, and managers FROM: Larry Bakken, president SUBJECT: New LMC executive director It gives me great pleasure to announce that the board of directors of the^League of Minnesota Cities has agreed to hire James F. Miller, Minnetonka city manager, as the new executive director of our organization. Jim will tako over on February 4^ 1993* Many of you know Jim on a personal basis, but for those of you who don't, let me give you a brief history of his career. He has been Minnetonka's city manager for the past 13 years. He was the assistant city manager in Des Moines, Iowa; assistant to the city manager in Janesville, Wisconsin; administrative assistant to the village manager in Brown Deer, Wisconsin; and served a management internship in Phoenix, Arizona. He is an adjunct professor in the graduate program in public administration at Hamline was an instructor in the graduate program in public adm.inistration at Drake University in Des Moines. in my estimation. Miller is the most suitable person „ fill the position of executive director of the League. He xnows the policies and personnel of the League, inside and out. is familiar with the questions and problems facing cities in Minnesota, and is a proven and capable leader. In addition to possessing ovf r 27 years of cumulative city go/er^ent experience, he is also a past president of the League of m Cities. He was a past chair of the LMC budget committee, is a member of the Association of Metropolitan Municipalities' metropolitan ajencies conwittee. and chair of the operating committees fo**, i«« Southwest Suburban Cable Commission and the Municipal Legislative Commission. He is a past president of the ^etro^lltan Area Managers Association and the Local Government Information Service ana a member of the LMC's development strategies committee. I urg«' you to avail yourself of Jim's expertise once he becomes settled In his new environment. I'm pv->sitive that he will be one or the great leaders of the eo-year old association. lake MINNETONKA CONSERVATION DISTRICT Env i roiimetJt Committee . <4Art** AGENDA TO15T ' 8:00 um, Tuesday, January 12, LMCD Conference Room 160 Norwest Bank Bldg, Wayzata 1993 1. Welcome and introductions. Chair JoEllen Hurr 2. Review of 11/10/92 minutes for additions or corrections or accept as mailed. 3. Progress report on proposed ordinance prohibiting use of non~encased molded expanded polystyrene flotation material, per draft proposal of revisions to Orono ordinance under consideration by LMCD Water Structures Committee (per copy enclosed): 4. Trunk Highway 101/Grays Bay Bridge Replacement Environmental Impact Statement (EIS) proposed response to KN DOT, with focus on outcome of public launch ramp: 5. Additional busin •. ;ecommended by the committee: 6. Informational note: b. LMCD Board approved the committee recommendation that cities and agencies enter into a one-year trial plan to eliminate trash containers at their public access, and engage in an education program to dispose of trash properly. Communication to cit i es / agencies now underway, Other committee priorities addressing management pi an objectives are rot ready for consideration at this time. 7. Neat meeting — 8:00 am, Tuesday, February 9/ HAPPY NEW YEAR? LAKE MIMNETONKA CONSERVATICfJ DirTRT'*T Environm»?nt Committee Minutes 0:00 am, Tuesday, November 10. 199 LMCD Conference Room, Wayzata Present;Board members George Gwen, Victoria; Pave ^ocfiran. Greenwood* Bob Rascop, Shorewood; Denis Ba.ley, Hennepin County Lakes Improvement; Jny DlaL.e, Minnetrista; Fred Bruntjen. Excelsior; Carolyn Dindorf, Hennepin Conservation District; Ellen Klanderman, Tom Maple, Minnehaha Creek Watershed District; Consultant Dob Pierce; E::ecutive Director Gene Strommen, LMCD. ThmMINUTES. Owen opened the meeting in Hurr's abo<*nce. committee accepted the 10/13/92 minutes as mailed. WATER QUALITY OBJECTIVES REPORTS: Q) Managing On-site Septic Systems -- Jay Bloke, city planner, reported that the city adopted final regulations for on-site septic systems. Minnetrista Ordinance »170 was circulated. This ordinance governs <a small section on the lake from Kings Point Rd. to the Regional Park, about ten homes on three acre lots. Bloke added that the western 2/3 of the community is ’so not E*-rved by cower. This is o ten-acre minimum rural <evelopm*?nt area. Biennial septic system inspections are r-quired. New developments near the lake will be S"i veti by sitiitary sever, including the Carlson and Pahl developments. The •ntire area around the lake in Minnetrista will be severed. 100*i of that east ol Kings Point Road. This will bring the city into compliance with P'^A rules. Blake noted there is evidence that sump pumps are being pumped into sanitary sewers. Plans are *o pro ilbit this. CISCochran questioned < he ififlow to Lake Ml nmtoiika Creek. Blake noted the 5t. Paul Bible College In the area is now connected to sanitary sewer. Farms are now required to maintain a W buffer from the creek. A local atorm water management plan ham not ye» been developed. The practice of running storm vster down s ditch to the Iske la now being replaced by ponding required for new developments. Trssh Conlslnors -• A staff report on the riacement oJ Trssh Containers at Public lake Accossos war reviewed by the eweeutiv# director. Stall r ecommendat i-*n9 wmei 1» Survey cities snd Hennepin County invi»ii»g infornstion their ennual trseh hsuling coots Iron public sccesses* Environment Committee?, Minutes, 11/10/92, P. 2) Invite response from cities and Henriepin County on 3) ^n^re^ent n trial per.^od were occeptuhle to citiec and Hennepin County, arrange for access enlist cooperation of lake users taking ti a.h them. Cities/county would m-'.^toi pub 1 ic coc p-i a on at least a weekly basis to -.cure trash accumulations do not occur and '.tter is iemoved. 4) Hennepin Parks is recognized as having a arrangement, its public lake accesses ^ 5) ‘l^vl^ the trl.l p.rlod at th. cloa. ol tha booing aaaoon for o OotarnlnotloM on tt.p continuing tho no-container progron. nr to reins.at. trash containers. Retaining smaller 42 gallon trash containers at shoreline fishing sreas and under bridges was recommended by Liley County service, the container, frequently. The committee agreed this helps control litter. It was the committee's concensus that cltic-o County should bo encouraged to remove trash contalnoro from public accesses on a trial basis loi - t hat this removal he nccomponied by nn eduent l«jn i 1 c«Uign rcg»rdlng propor .out, diupunal .he. o.ln.j public lake? accf*nnf»o. Mater Quality Goal -• no report at this time. Ind.p.nd.nt Cv.lu.tlon of Eurb.l.n M.rv.tlng Progr... Con.ult.nt io„ E».cu*.lv« So«»..y r.vlev.d hf Pl.rc. .Ifh • c.ll.d to th. v.rlou. ch.rt. rl„c. found :“”d‘r«ion.«‘«*%orU ‘h. l.h. r.port,.! . gr..t •MP.rl.nc. hut found .ilfoll •..*h.tIctUy unpl.i.mg. ThS p.opl. .urv.y.d llv. on «h. ».h. ond •••;• contributor, to tho • S.v# tho Lok. E.n funding. TK* Water Quality Repo-t, included ar an appendl . ••• ^ T ?lIr-S Jy Pierce as a algnlflrant adderrJae *v ♦ be;:ir:inor' '"'h, ,zz -uJh ..t..........oon on loti, (llnn.tnnk. ..t.t.. but th’t I* to r.n»,.U..d or ,o....«.bl, «eo..lbl. -r . ».k- management tool. I i Environment Committee, 11/10/92,r. 3 Pierce concluded his remarks noting that weed Inrvesting optimistic that biological controls will eyn.v.nlly provide a control compatible with maintaining the best lake environment. e)Reduce/tle-up Phosphorus In Sedimsnto to Provont Aquatic Vegetation -- Haple reported that the M ./f Uy capital improvement program in its 1'^ '3 budget o a- re^- thia problem. Lake Langdon, Mound. J- undei consideration. Other sediment Pond. Maple Plain, and a pond in E:<c Irio. ^ Shorewood Yacht Club which drains into LaV:e Minn.tonha. Monitoring the water quality before and ill'll;: was recommended by Dindorf, Hennepin Conseivatlon Dis-. Wetland Survey -- Dindorf presented a digitired Minnetriata and Orono/Excelsior Township area. Wetland.. down to one acre were identified. PM^ go'^o J’'" ciMo*- acre for protected wetlands. Rascop suggested Ih cl.l... be providL a copy of the map to verify the data b-lng presented. He questioned some of ^ designationa. particularly in the End.anted I land ai-a. Owen thanked Dindorf for the work done to date. PUBLIC HEARING REPORT OH REGULATING provision, ol sn m/J- material used and a phase-out time. conditions for encasement of foam I a--mr.nt ^cr aaking holes for attachment to structui?.. of encasement which is damaged was cautioned that the county would find it ^^-hibiti.e^^u have to reolace a buoy immedlotely upon having . -il- - ^he Ir ‘erIor foam material from buoys gen- , ally d-.-r uo. V:U-.. .‘ ir.,..nts vould f rsqulrsd *1U hovo to b» '■ concurrsd with the Orono r.plsc.sent tl»- ■>{ 1-31 - • nCSO HOTIFICATIOM PROCEDURE FOR J*«TIES ^ ,t loo PERHIT PROCESS. "spl* ‘Jc* >o b.ovdtn th, by th. Bo.rd oJ tlsn.g.rs. ' V1 ° , -it 1 <nt--Ln.r in vhloh notification Is n.id. on >l('*-l MCWD COhhlTTEE ON USE OF LAKE CMChICALSVlTMnUTrrm.IT. A co-ltt.. t. b.lna ..t.bll.h.d .tiff .ccordlnj to Kl.nd.rman. -..tin? «l-» CM ^ Nov.»b.r 19. It 1. conce.n.d ob-JU thi. t . r JkM NEXT MEETING ts scheduled fct Tuesday. ,»n'n> M . . . . ruK.'ne iir..««.«. >!)iec«tlve l»lre<t«r ® *• f f n 1 1 V ^ubf#111 • RIXOMMENDKD CHANCES TO OHONO ORDINANCE REC.'I.ATINC F(Wl USE: Styrofoam MOLDED EXPANDABLE POLYSTYRENE BEAD Dock Flotation Prohibition. (Delete underline items, add items in CAPS) Subd.1. 1) 3) Preamble. The City LMCD hereby determines that: Disintegration of non“encased s t yio f pani MOLDED EXPANDABLE POLYSTYRENE BEAD flotation blocks used in docks, swimming pl.iLforms, buoys and other floating structures in the City oj. Oron^ LAKE MINNETONKA li.as led to the disintegrating particles washing ue the l ake shore shoreland i n 0 r o n Q_ in substantial ard unsightly quantities, endangering DETRACTING FROM the comfort and enjoyment of the affected owners. THIS HAS THREATENED THE LAKE ENVIRONMENT and CAUSED and causing environmental—^atiia.iie— ironerallv unsightly ti n<l e n i r a b 1 e public conditions. Such disintegration is a n a t u r a 1 c h a r a c t e ris tic of the stvrofoam described MOLDED E.XPANDABLE POLiTsTYRENE BEAD MATERIAL when used for flotation purposes. i n the Cit y 1imit s.. Such disintegration is accelerated by the actions o f aquatic animals and waterfowl a n,<l^ in u r H ,j. WHICH MAY constitute s. a hazard to their well-being. 4) Additional health and safety concerns can occur if such material is subject to E.XTREME heat OR FLAME, gasoline or other petroleum products, an 5) The use of non-encased s t v r o f oam MOLDED E.XPANDABLE POLYSTYRENE BEAD MATERIAL for the purpose mentioned above is PROHIBITED. a publ.Lc n u i s a nen within the meaning o t 0 r ono. ^ ,j ty. g<?de^. Q h ■'* P ^ ^ Subsection 9.21. 'f Definition. for the purjose. o f ,t h j s s e ^ t i Non- I o... >,OLDED fxi^DABLE POLVSTVRENE BRAD MATERIAL atsn. i.ny brand of oxp.indn,l polyslyrenn bonds molded ;"t» •’ block, shoot, billot or otl..-r sh.-ipo »hich is no t c ump I o t o 1 > oncas.d in a norm..nent FL'LI.V r,r.ALEl) casing. A i r TMF I IFF OF WHICH WILL AT L Fa AST EQLAL THE TI:E THE WATER STRUCTURE IS INTENDED FOR USE IN LAKE MINNETONKA. SUCH rAeiNr, COATING OR CONTAINER MUST BE capable of w i t h s t .1 nd i ng ^J^ion'by ice or other elements, animals and normal activity by users so that disintegration of the molded shapes into smaller chunks or individual beads is prevented. Subd. 3. Use ol Non-encased S_lyx^2lil.lJa. -“FOLDED EXPANDtOlE POLYSTYRENE BEAD MATERIAL Prohibited. , x t A It It a misdemeanor (or appropriate LMCD penalty) for an. person to use non-encased MOLDFD FXPANDABLF. . . . B. This ordinance shall apply to such uses after th^ date of the adoption of this ‘ ‘ C '^ ^ owners of such non-etuased styrof.am OLDED EXPANDABLE POLYSTYHFSF DEAD ''ATERIM- wh.» are p r e u e n t 1 y u-. i ng t hesi City LAKE MINNETONKA for purposes LaxlLlJll«.« I n PROMiniTED by this or-Jinitice FOR DOCKS AND FLOATING PLATFORNG may continue to use them for such purpofios in exis'^ing structures currently containing them until Decemoer 31. 1994. (RECONSIDER THIS DATE DEADLINE). This exception does tiot include repair or replacement of existing styrofoam MOLDED EXPANDED POLYSTYRENE BEAD MATERIAL. BUOYS MADE OF .MOLDED EXPANDED POLYSTYRENE BEAD MATERIAL MAY CONTINUE IN USE FOR SUCH PURPOSES UNTIL DECEMBER 31, 1997. IF A NEW BUOY IS INSTALLED IN LAKE MINNETONKA IT MUST COMPLY WITH THIS ORDINANCE IMMEDIATELY. A BUOY WHICH REQUIRES ANY REPAIR MUST BE REPLACED WITH ENCASED PROTECTION DESCRIBED IN SUBD. 2 OR WITH EXTRUDED CLOSED CELL FOAM OR OTHER NON DISINTEGRATING MATERIAL. 1/ 12/29/92 D r< n F I January 6, TO; ncyi) ftoard of Nanar|ors IlnDOr SjUDJ : Trank Highweiy lOi/Grays l‘ay Causeway toat Occess The issue of free public access by bo.. to Lake Minnetonka has prompted a politic.^1 controv€»rsy for over two decades. Various positions have been taken over that time by the State Legislaturef the Governor’s office, the DNF’, tlie Metropolitan Council, the LMCD, the MCUD, Hennepin Parks, lakeshore cities, riparian owners, fishing lobbies, several task forces, and others. In October, 1991, the LMCD adopted a Management Plan for Lake Minnetonka which was accepted by the Metropolitan Council. The above stakeholders shared in the development of that plan One major objective of the Management Plan was to provide 700 parking spaces for cars and their trailers at existing or now launch sites, and to environmentally upgrade them. As the designated lead agency, the LMCD has formed a task force with representativos of the stakeholders to implement that objective. Progress to date includes consensus on parking standards, and an inventory of existing and planned sites, includivig a count of potential park.ing spaces for car/trailer c«)mbinations. For the Grays Bay Causeway our current inventory counts the 37 car/trailer spaces and si X single car spaces as agreed in tlie Minnetonka/Uayzata settlement ag reement. { ; i -2- LMCD POSITIUN: The LTICI) re'quesiiti that at minimum the site meet tt)c P'ATking StAnd^^rds (which are enclosed) and contain no less than the parking count in the settlement agreement. UnDOT alternative l.E<. appears to meet the minimum acceptable solution to LUCI). We further urge the Watersfied District and other agencies to seek soluti.jns aid designs which would yield larger parking counts, while balancing environmental impacts against the public benefit of access An increase in car/trailer parking would require some increase in fill acreage. This would be a benefit to the management goal provided that the need for flood storage bo either re-addressed or a satisfactory mitigation found. Alternate l.D or a comparable solution would be beneficial and acceptable to LtICD if funding were available. A historical background paper is enclosed to support our position. d 1) K- ft F I KORUUHD: (3l<ftY‘J FftY CftUSFWftY DUfVl ftCCtU'JEiftl (3t:NFRftL H1‘J 1 niMCftl.. EXClIRr’TJi In 1968 the* Governor’ei office? oppointud ta«F. force to make findinijn ami recoiiii.icndaiion«i on acce-sG. Une ot many conclusioor. in their report Adopted in Hay, I'JBd. idontified a need on warm weelondn tor mon? acceso for "smaU tishinij bjatd" and that there oupht to he 7B0 ••reliable" parking spaceo for car/trailer <C/T) combinations at existing or future access. in February, I'Jaj, that task force adopted a resolution which recognized the need for improved expansion of the Grays Hay causeway access as an overall public benefit, meeting the needs of a regional constituency rije resolution urqed Minnetonka, Wayzata, the MCWI) and other s..,encier. to approv.. a concept desrtjn v nco r po . a 11 nq the tasf?. force rr?commt»ndations in tfn? rf'Golution. <J«..€ rtttachroent ft.> In 19613 tf*e Metropoli tan Council formed a t* sk force to look at the whole spectrum of take Hinnetonka management. inclnd.ng the access issue. they reported in 19afc back to the Metropol.lan tlm.ncll, who made recommendations to the •dtate t.erut.ve Council. Ihey confirmed the need for the /nn C/I spaces, and called fnr the LHCP to become the lead agency in management of take .. . .tonka and d.rented LHCP to prepa,. a Mfunaqw^iiont f*lau. - 2 - flu? Iianaijri«(?n t I’lati for Hi nn<? w.xr. dcvc* I. opod wibh tl>e participation of tlu^ above citiei;» anti atienciea attti adopted iv» Octolx'r, 1'3'Jl. Oiu* of the ob Jt?c t i ves of tlio filan ir» to establi«;l» 7Gt) rc’liablc C/f parkivjy at t.'xit>tim| or future acceiio rampu. LI1CD has subsequently formed a tash. force made up of all stakeholders to implement that ifoal. CrtUSEWOY HISIURY EXCL'RPTS Hennepin County constructed the causeway in lyL’W by dredyinq. Considerable erosion of the area has taken place since. In 1900 Hennepin Parks did a study of the access use at the request of tlie cities of Wayzata and Minnetonka. The access was qenerally considered to bo of REOIUMni. SlGNIFICnUCL, and a candidate for improvement. Ihe study observed a maximum of 76 cars and 30 trailers at the site on a weekend. Meiniepin Parks took the position hhat to serve "regional” needs, tfie sitc> should accommodate* a minimum of 00 C/T comb I na t i<jns. 0 5/4/01 memo to MCWD manayers from its engineer cited a 4/29/01 mtjctiny of concerned agencies. Of significance, the engineer advised that tf>e District Board of Managers supported a 1900 concept plan by the City of Minnetonka with 41 user spaces and 1201) cubic yards of fill below Laf'«* Minnetonka flood level. <nf tachw»*nt E') the MCWD at its 2/17/03 meoting approved a cMuicept plan prtfsenti'd by HnDDT wfiich prtiposed 40 C/T combinations and 55 single cars (comput€*s to 75 equivalent C/ts) and approi imately 20,001) cubic yards to be dredged and sp«*ils - 3 - tiGOd Ijo ‘recoil's t ruct tiu* ciccesfi ft\ciliby« n L •^<xclini«»n t'> D and E. Note* that Attachment E -efers to only JL.,000 cubic ya rd 15. ) The cities of flin. otonka and Wayzata could not ar|rcn> on any development plan presented by I’InDOT or others. lher<?fore in June, 1.903, they appointed a th ree-pe r«jon panel to seek •resolution. Three separabe reports were is'sued (53eptemh< r 20, 1903; February, 1905; and June, 1905. To gain acceptance by Wayzata, the fin.^l repisrt was scaled dov/n in parking count and fill area. <It is suggestenJ that these reports be read by designers and implementing aijencies for useful criteria. UriCU has them on file.) In mid 1900 the two cities reached a settlemtMit agreement, which called for 37 C/T parking spaces and six C V s • -I_ C'T*i’ r > \Hi 111 MINUTES OF THE MEETING OF THE BOARD OF EDUCATION" - OF ORONO INDEPENDENT SCHOOL DISRICT NO. Mp s ^ HELD ON NOVEMBER 9. 1992 ^ The regular meeting of the Board of Education of Orono Independent School District No. 278 was held on Monday, November 9, 1992. Present:Dave McKown Don Anderson James Franklin Peg Swanson Thomas Mich Martha Van de Ven Neal Lawson John Maresh arrived while the meeting was in progress. UPON MOTION by Jim Franklin, seconded by Martha Van de Ven, the consent agenda was approved as follows: approved the minutes of the October 26, 1992 regular meeting; accepted the resignation of Joe O'Brien, part-time custodian at Orono Primary School, effective October 30, 1992; approved the reguest of Mary Ann Bouley, health clerk at Orono High School, for a leave of absence beginning Monday, November 16, 1992 through January 3, 1993; approved the bills as covered by vouchers 076073 through 076074 (checks 076075 - 076082 were voided due to a printer malfunction) and 076083 through 076250 and office checks as covered by vouchers 2728 through 2749. Motion carried. Board member Maresh absent. Dr. Mich stated that he had attended the TIES annual banquet along with Dave McKown and Ron Gilbert and as TIES is celebrating its 25th anniversary, the District received a plaque acknowledging the fact that Orono was one of the 19 founding districts of TIES; that Board members should look at the pictures from the 7th and 8th grade trip to Washington, D.C.; that Elissa Pool, Orono High School student, received an achievement award for writing from the National Council of Teachers of English; that Jill Dudley, Orono High School student, has had her poem "Albert's Son" published in FRESH TRACKS, a regional anthology of creative writing; that he was distributing an article which addresses the misdirection of criticism of schools; that he was distributing an update/informat ion regarding the long-range plan which he asked the Board to review in preparation for a document that would be distributed to the community; that he wanted to express appreciation to Neal Lawson for his work in bringing a closure to the purchase of the Orono Community Church on October 31; that Dr. Ernie Stachowski will be in the District from Wednesday through Saturday this week instructing faculty members. that he wanted to remind Board members that they would be meeting with the high school Student Advisory Council at 5:45 p.m., December 14, prior to the Board meeting. UPON MOTION BY Don Anderson, seconded by Peg Swanson, the Board of Education approved the Building Fund budget adjustment of $4,098,812 revenue and $1,936,881 expenditure. Notion carried. Mr. Lawson provided the Board with information on the General Fund Financial Projections through the 1995-96 school year and he reviewed for the Board the major assumptions that were used in the process of arriving at these financial projections. Mr. Lawson stated that this projection information is not definitely set, but that a document of this type provides the Board the opportunity to make adjustments/changes in the projections in order to plan for the future. Mr. Lawson answered questions from the Board for clarification purposes. Neal Lawson reported to the Board on the legislative changes which affect the school property tax levy. He provided the Board with backgx'ound data in explanation of the increases in the property tax levy and the school tax rate as well as information on the impact that the estimated school tax will have on various values of homestead property. Discussion ensued and Nr. Lawson answered questions from the Board. Dr. Mich informed the Board that ASMD has decided that it will advance the following two primary proposals to the legislature in its lobbying efforts this year: 1) request an increase in foundation aid equal to the inflation rate, and 2) the requirement that the legislature pass no new mandate for education or expand current mandates. He stated that there are many other areas that AHSD still supports but the belief is that stronger coalitions will be developed by focusing on these two areas. Dr. Mich reviewed for the Board the significance of the Mission Statement and Goals and its relationship to the operating philosophy of education for the School District. He reiterated for the Board the responsibility they have in reviewing/rewriting the Mission StatsBsnt and Goals as this docussnt bscomss ths guiding policy for ths School District. It was the concensus of ths Board that two Board ssabsrs will work with Dr. Mich in ths dsvelopssnt of ths process that will be followed for this revision/review. UPON NOTION by Jin Franklin, seconded by Peg Swanson, the meeting was adjourned. Motion carried. John Maresh, Clerk Dave McKown, Chairman 0 o '■■■■.I • 1 ■ t CITY of ORONO MunklfMl Ofllcti tal Office BotM Cr>^ MiMMota 553IMIM December 16, 1992 Mr. Charles Schoen Westco 3280 Gorham Avenue St. Louis Park, Minnesota Dear Mr. Schoen, 55426 This letter is to respond to your concerns regarding your firm not being included in the city's vendor selection process for the monitoring of the sprinkler systems in the new city facilities. The city's vendor selection process involves receiving quotes from vendors and selecting a vendor based on cost and ability to provide quality service. The city generally contacts vendors who have expressed an interest in providing service, and other vendors about whom the city has received positive references. Although you had expressed interest in providing a monitoring service early in the construction process^ through an oversight, you were not contacted to provide a quote. You recontacted the city at the time quotes had been received and the city had selected a vendor. At that time you requested an opportunity to provide a quote. The city determined that although it was very unfortunate that you were excluded from the process; it would have been a greater disservice to the selected vendor to reopen the vendor selection process after the city had notified the vendor that he had been selected, and after you had been provided with the price quoted by the selected vendor. The interest you have shown in providing services to the city is very much appreciated. I apologize for the oversight which caused you to bo excluded from the selection process. I hope you will continue your interest in providing services to the city if future opportunities arise. y i •#* •. t V «*» • 9 * t • j**' '1- ■. - ■ Evy Zacher /•^7 iuJcJ2^ ^4^ /UJuu /xy ^^2^^ (4u^^ ^ ^ DjcrITu::!.. Orono School District Administration Offica 635 OW Crystal Bay Rd. Long Lake, MN 55356 (612) 473.7313 DEC 1 8 1052 Reinvest in America A New Priorities Prodamatioo Wt the Boifd of Educolioii of Orono »27«_________in the >uie of Minneioo, do hereby adopt tbe'followini resolution in support of new national federal budget prioriUee for the United States of America. Whereas, the Orono _______school district is committed to offering every child b our community the opportunity for a quality education. And whereas our nation-s success in the post<oM War world will depend on the ability of America's puNie schools to educate each and every child. And whereas no single school district has the financial capacity to both build a quality Question program for the 21si Century and overcome the social and economic problems that prevent studenu from coming lo sdKXil ready to learn. And whereas the end of the Cold War airi the c<dlap« of the Soviet Union offer our nation a ooce-iiM- opportunity to rethink our nstionil priorities. And whereas our competitors in the gtohal marketplKe invest more tax dollars on children and elementary and secondary education than does the United Statm. . • • And whereat federal budges uvings made possible by the end of the Cold War could be used to rthniU America and ensure that eveiy diMd comet to school healthy and ready to learn. And whereas the national organisations that repj^ the tn« and deeply shout nducatioo - the National School Boards Aswciation. ^ Ny"* ^ /SkMm of Honentaiy *<hool Prin^ "“ "***?^AfiMricM A«maw.i»isni of School Admiiiistralor», the Council of CttM Chy Seboon. om fiaiion* B4iu«n and the American Federation of Teadiers - have jointly called for new federal bodtei prioritMa font reflect post'^oM War realHIea. Jhe,^. he ir r,uM. am the ____Oeono •«'«»' dbtrjcs brileve.»Amite We loin school districts tctoit the United States to ury ^ Cong^ 1^ t^eridem slecied Noveote S to oahe reorderiaf fadeni ipeading priorities America s lop priority la I9W. be b/brther moM, thM the Orono school board will forward flib chB fly tspmsmnariv.. I. ciiim -ri » d- h-— <ff •• U— Smta. be bjknher resoM, that the fdn^m Amerien. Orono school board will abo florwvd Ada fM m nm« MM pf gaF?iW tfdW,'tt*o5l?SLSW!i*.ad Orono) nSipimwiTU^Pbtl 41^ HENNEPIN DEPARTMENT OF PROPERTY TAX AND PUBLIC RECORDS A607 Government Center Minneapolis, Minnesota 55487-0067 * r 'I j Crossroads To Service December 9, 1992 OEC :109? Dorothy M. Hallin, Clerk City of Orono P. O. Box 66 Crystal Bay, Minnesota 55323 Dear Ms. Hallin: Enclosed is a copy of Hennepin County Resolution No. 92-10*417R1 which was approved by the County Board on October 27, 1992. This resolution revises the county's review and evaluation process of new tax increment financing plans being proposed by cities. Please communicate to each member of your city council. A copy of the resolution has also been sent to each HRA director in the county. Questions on this issue may be directed to me at 348-5668. Sincerely, Patrick H. O'Connor, Director Property Tax and Public Records Gerald W. Pahl, Manager Administrative Support Division PHO:GWP:sw Enclosure HENNEPIN COUNTY 01103 ft RESOLUTION NO.92-10-917RI The following resolution was offered by the w.nys md Means Comrr'ttee: WHEREAS, 9.6 percent of the Hennepin County tax base will be captured in 1993 bv tax increment financing districts in the county, thereby increasing the count tax rates that property taxpayers must pay for essential or mandated coun^ • •vices; and WHEREAS, tax increment collections are projected to increase from S115 million in 1992 to $130 million in 1993 and will not decrease significantly until the year 2009; and WHEREAS, the Minnesota Tax Increment Act provides an opportunity for the County Board of Commissioners to review and comment on any proposed tax increment financing district, including the opportunity to meet with the tax increment authority and present the Board’s views at the required public hearing on the matter; and WHEREAS, additional tax increment districts will likely be created in the county in the future; BE IT RESOLVED, that the Hennepin County Board of Commissioners reaffirms its preference that: 1. Cities use tax increment as a financing tool of last resort, targeting public assistance to renewal and redevelopment projects of greatest need and lower income housing projects of demonstrated need. 2.Existing tax increment distri'-t: and those created in the future should be completed and terminated »n the shortest time possible, thereby increasing the tax base of the city, school district and county. BE IT FURTHER RESOLVED, that county staff is directed to review and evaluate the tax increment financing plan for each new proposed district or modification to an existing district and prepare a report for the County Board. The report should briefly explain the proposed action, indicate the potential fiscal and economic impact on the county and recommend whether or not the County Board should present comments it the public hearing on the plan. Copies of the report will be sent to the school districts, municipalities and other taxing authorities involved in the proposal. BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to each city council and the governing body of each authority with tax increment approval powers in Hennepin County. This Resolution supersedes Resolution Mo. 80-8-729R, approved B/26/80. OCT 2 7 1992 01.104 RESOLUTION NO.92-10-917 R1 (Cont.) The question was on the adoption of the resolution, and there were Seven YEAS and Mo NAYS as follows: COUNTY OF HENNEPIN BOARD OF COUNTY COMMISSIONERS YEA HAY OTHER Peter McLaughlin 1 Randy Johnson 1 John Keefe 1 Tad Jude 1 Judy Makowske 1 Mark Andrew 1 John E. Derus, Chairman 1 RESOLUTION ADOPTED. ATTEST: lor-w'ofCounty^BoardClerk OCT 2 7 -tS92 TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator January 7, 1993 SUBJECT: Update Regarding Pending Litigation The City recently received notice of two items of pending litigation. 1. The owners of the property at 2605 and 2655 North Shore Drive have a public access drive to the lake between their two properties. They contend they own the property and that there is no legal basis for public use of the property. 2. Orono, as member of the Minnesota Police Recruitment System (MPRS), a police officer recruitment and testing service used by numerous cities in the metro area and state wide has been sued along with all cities who are members of MPRS. The suit alleges the MPRS testing process is discriminatory on the basis of race. i *r .•i't • • • “3^ .V . i-~. • . * V -. .:i • n ■ • . J #’ • * . - r "* * • ^ «.-* If MINNESOTA POLICE RECRUITMENT SYSTEM 4544 IDS CENTER • MINNEAPOLIS. MN 55402 PHONE (612) 337-5222 MEMO TO: MPRS City Managers/Ciiy Administrators FROM: Larry Thompson. Consultant to the MPRS SUBJECT: Recent Complaint Filed Against the MPRS and its Members On Wednesday. January 6th. the MPRS was served copies of Suinmon.s and Complaints filed on behalf of Christopher Anthony Fields and John Starks As all MPRS members were listed in these documents, it is my assumption that each MPRS member also has been served individually. The purpose of this memorandum is to provide you with some initial reaction in this matter The MPRS attorney is Charles LeFevere, with the law firm of I lolmes and Graven I Je will be representing the MPRS in this matter, and he will respond to the Summons and Complaints on behalf of the System If any city attorney wishes to contact Mr LeFevere, hc/she should feel free to do so. The MPRS strongly recommends that each member forward a copy of these Su^ons and Complaints to iu insurance carrier. We assume that in most or all case* this Leaaue of Minnesota Cities Insurance Trust (LMCIT). and we already have contacted them reading a joint defense By forwarding this to the LMCIT it also is likely that a portion of tScosts for defending this matter can be borne by insurance, rather than by an assessment against MPRS members. MPRS nwnben ihouW be edviied the! Mr LeFevw.< feels we hev. • «;;on» case Essentially, the MPRS defense will be based upon the job relevance of the .Vtf RS saeemng process The case law which has arisen regarding disparate impact cases uniformly has followed the HEOC Uniform Guidelines on Employee Selection Procedures, and our screening process specificdly was developed to comply with these guidelines. At you probrtily tito sre iwuc. the pliimifli’ tltorMy held • pre.. conferewe yesicrdiy to pubUcize thdf cue Tbus, you md/or your Police Chief m»y be coniseted by local reporters for your comments on this matter procMs end *<«» been on the MPRS ebjibility ro««. Our •nomey win pfcp«e * retponu to the Summons and Complnmtt u toonu^^e. and a coJJ^ibis rasponsa wUI be mailed to all MPRS infers V^also IdvitedXt wa inteMw schedule a Special Maetin* of the Boird of Dtrectore to dtscuas lim mauer looietima later Ihit month If you have any questions m the memuimc. however. please feel free to contact me TO 8 FROM! DATE I Ron Moorse, City Administrator Michael P. Gaffron, Asst. Planning & Zoning Administrator December 4, 1992 SUBJECT: Sewer Unit Determination - 220 Bederwood Road Apparently a question has arisen as to whether Council was aware that a house once existed at 220 Bederwood Road» when Council was determining the number of sewer units to provide to the Gustafson properties. None of the three memos which ultimately led to a decision contained this information. A residence did exist on the westerly of the three vacant Gustafson parcels until 1974, when that residence was razed by its owner, Mr. Kadlec. The Gustafsons apparently purchased the property after the structure was razed. Whether or not a residence existed on the subject property at some point in the past should have no bearing on a determination as to nuBiber of sewer units assigned. If the house existed today, the same estions would be raised, i.e. should the vacant parcels to the rear which are in fact owned in common with the vacant parcel which once had a residence) be consider*«d as a separate 2.2 acre building site with no frontage on a public road and the front 0.6 acre vacant lot be considered as a separate building site? Or, should the City attempt to maintain its desired 2 acre density in this 2 acre zone by providing on#i sewer unit to the total 2.8 acre combination of three commonly owned vacant parcels? Oiscnssion Realizing that the total Gustafson holdings Including their homestead lot is 3.6 acres, their total acreage would not allow subdivision into e/en two total lots if their acreage was all In one parcel. By providing a sewer unit for the three vacant parcels. Council already nas compromised on its density standards by allowing two units on 3.6 acres in the 2 acre zone. Allowance of a third unit, yielding a final density of one unit per 1.2 acres, would be a significant density concession. Further, the house that was razed in 1974 was likely constructed before zoning codes were in effect. At the time it was razed, its 0.6 acre lot was zoned R-lC, requiring 1 acre, and would have needed a variance to be considered buildablo. Meno December 4, 1992 Page 2 The coning code clearly disallows separating vacant unsewered parcels if one of the resultant lots does not meet the 2 acre standard. Clearly» the Council has the right to provide or not provide sewer to Mke these lots buildable based on whatever criteria they so choose. Staff ndatl«m It Council wishes to reconsider the number of sewer units to be assigned for the Gustafson parcels. Council may do so. However, the mere fact that a house " e existed on one of the parcels should not be considered as obligat^.ng the Council to assign a separate sewer unit to that parcel. .»•* . • • •i • ITUttt Mf tasc MWIlCldMIA - I 1 \r LAKE MINNETONKA CONSERVATION DISTRICT Lake Access Task Force Agenda 8 1995 7:00 pm, Wednesday, January 13, 1993 Freshwater Biological Institute . . . N Q. £ S. 2500 Shadywood Hd., (County Rd. 19> Mavarrt* c bL A n 6. E. 1. 2. 3. 4. Welcome, roll call of designatfd Task Force spokespersons and guest Introductions, Chair Jim Grathwol Review of agenda, call for consideration of additional items not on the agenda. Facilitator Don Buckhout Review of Task Force Operating Guidelines aa provided in draft outline, consideration for adoption; qi£ Steering Committee and subcommittee objectives as recommended by the Steering Committee: Steering Committee b. c. d. Car/Traller Parking Agreements Subcommittee Equitable Distribution and Access Siting Funding (no objectives proposed at this time, additional consultation with MN DNR advised,) 5. Recommendation for next Task Force meeting date; 6. Adjourn if'r ■r—V'r^CONSERVATION DISTRICT ' ,cean Task Force 8Agenda ' 13, 1993 tutv ... N U T E Rd. 19) Mavarr*& H. a d £ f®lgna?ad Taa^c Force apokeaperaons , Chair Jim Grathvol (or conaiderarion of additional Facilitator Don Buckhout crating Cuidalinaa aa provided in ktion for adoption; •tte# and aubcoaaittm* objactivaa wring Coaaittaai Agreeaents Subconnitta* on and Acceaa Siting vaa propoaad at thia tiaa. ion with HM DNR adviaad.) ^*aak Forca aaating data; (Revised by Steering Committee 12/29/92);ii«ii^i: tAKE MINNETONKAXAKE ACCESSTASK FORCEi-\c....... Ot>ERAt(NG GUIDELINES The Lake Minnetonka Conservation District (LMCD), at the suggestion of the Department of Natural Resources, and in furtherance of its lake management plan, has formed a task force to discuss boat launch ramp access and car/trailer parking at Lake Minnetonka. To facilitate its discussion of these issues and other matters associated with the conduct of its business, Uie task force adopts the following guidelines. 1. Tb; name of the task force will be the Lake Access Task Force. 2. The purpose of the Task Force shall be to advise the LMCD and other lespcmsibie government units on the following objectives: Develop a plan for public boat ’aunch ramp access at Lake Minnetonka; Recommend action to achieve the LMCD lake management plan goal of 700 reliable car/trailer parking plLce j tor Lake Minnetonka; Recommend minimum parking standards for car/trailer parking; Develop an inventory and grading system for existing and prop(»ed teat launch ran^ps and car/trailer parking; Recommend interagency agreements confcHming existing car/traiiw pariung to minimum parking standards; Evaluate proposal additional boat launch ramp access and carAraikr parking acquisition and development; g) Recommend investigation of potential new sites for boat launch access and car/trailer parking; h) Develop recoi ncndutions for encouraging equitable distribution of access and coordination and cooperation among agencies involved. 3. Membership a) The task force membership shall be one individual representative from each of the following organizations, units of govemnwnt and agencies: Member City of Deephaven City of Excelsior City of Greenwood City of Minnetonka City of Minnetonka Beach City of Minnetrista Qty of Mound City of Orooo City of Sh(»ewood City of Spring Park City of Tonka Bay City of Victoria City of Wayzata City of Woodland Lake Minnetonka Lakeshorc Repreitentative Howard Bennis John Anderson Alan M. Albrecht Tim Bergstedt Tom Markle Scott Carlson Skip Johnson Gabriel Jabbour Kristi Stover Jeny Rockvam Vem Haug Peter Hill Barry Petit Nick Duff Don Germanson Owners Association (LMLOA) Hennepin Parks Doug Bryant Lake Minnetonka Conservation District Hennepin County Minnehaha Creek Watershed District Fishermen Advocating Jim Grathwol Emily Ann Staples Tom Maple Gary Lanon Intelligent Regulation (F.A.I.R.) MN Spoftfishing Congress Dept, of Natural Resources Maxwell Bay Citizens Group John Schneider Mike Markell Bev Blomberg / Each individual representative shall be selected by the member organization, unit of government or agency. Alternate representatives may also be designated in the event that the primary representative is not available to attend a meeting. However, individual representatives should be selected with consideration given to the Task Force need for consistency of individual representation throughout the process. Members may replace their individual representative at any time and should notify the task fwce chair or designated staff upon doing so. New organizations, units of government or agencies may be added to the task force membership with the approval of the task force and in accordance with conditions establish«l by the task force at that time. All meetings of the task force and any associated subcommittees are open to the public. Notices indicating the time and place of meetings will be provided to interested persons. The cJiair will provide appropriate opportunities for presentation of oral and written statements by the public at task force and subcoinniittee meetings. However, it should be noted that time for public comment may be very limited and the public will be encouraged to direct comments and suggestions through appropriate member representatives. 4. Procedures •) Task force members agree to engage in a good faith effort to achieve task force objectives through an open, creative process. Individual representatives are responsible for keeping their constituenu informed of the work of the task force and to solicit their input prior to key task force decisions. The task force may establish subcommittees as needed to address specific issues. Membership of subcommittees is not limited to persons or groups represented on the task force. Subcommittee recommendations will be submitted to the task force. Task force and subcommittee meetings will be scheduled with sufficient time and adequate notice between OKetings to provide memben with an opportunity to consult with and obtain advice. Materials to be discussed will be circulated at least 7 days in advance of task force and subcommittee meetings. d) The LMCD rc'^rcscntative shall serve as the Task Force Chairperson. The primary functions of the Chauperson will be to develop the agendas for c task force meetings and to organize and conduct meetings with the intent that all points of view be heard. The Chairperson shall remove him/herself from this position if he/she cannot go along witli task force goals or if he/she affects the credibility of the task force. The Chairperson or any other individual representative or alternate shall not state a policymaking position on behalf of the task force unless authorized to do so by the consent of the task force. The LMCD will obtain a facilitator to assist the task force in the conduct of its business. The facilitator will serve at the discretion of the task force. The facilitator will be responsible for helping to ensure that the process runs smoothly, for preparing draft and final meeting summaries, and helping parties resolve differences and achieve consensus on issues addressed by the task force. Meeting Summaries. Preparation of summaries of the task force decisions will be supervised by the chairpenon and the facilitator and, after review and approval by the task force, will be published as the work of the task force. Meeting summaries, along with meeting notices and agendas, will be mailed to the task force list of interested persons. g) Staff. The LMCD and the Department of Hatural Resources will provide staff support for the task force at their discretion. il Decision Making and Agreement. (i) Caucuses. Any individual representative may request of the chair or facilitator at any time, a caucus for the purpose of consultation and decision making. (ii) Polling. Any individual representative of a member may request a non-binding, non-rccorded indication of objections to a matter under consideration for the purposes of determining tei‘.<ative suppon for that matter. (iii) Consensus. The task force and subcommittee decisions will be made by consensus, except for procedural matten unrelated to objectives listed in Item 2 above, which may be decided by a simple majority at the discretion of the task force. Consensus means the lack of dissent by any individual representative. In those cases where the Task Force does not reach consensus the matter will be referred to the Steering Committee in order to seek resolution by appointing a delegation to meet with dissenting parties. If the Steering Committee resolution process is unsuccessful, the Task Force will solicit reports from the nuyoiity and minority parties and submit them to the LMCD for a final determination. LAKE MINNETONKA LAKE ACCESS TASK FORCE STEERING COMMITTEE MEETING SUMMARY - DECEMBER 29,1992 Location: LMCD OfYlces, Wayzata 1. 2. 4. The meeting was convened at 7:00 p.m. by Bert Foster, Chaii* LMCD(Deephaven). In addition to Mr. Foster, those members present were: Gordon Kimball-DNR; Don Germanson-LMLOA; Dave Cochran- LMCD(Greenwood); Jim Grathwol-LMCD(Excelsior): Doi^ Babcock- LMCD(Sp^g Park). Others present: Gene Strommen-LMCD E Director, Don Buckhout-Task Force Facilitator. xecunve Review of Draft Task Force Operating Guidelines: 'fhe committee members reviewed the draft Task Force Operating Guidelines developed by Jim Grathwol and Don Buckhout. Most of the discussion centered on the provision for consensus decision-making. It was decided to add a role for the Steering Committee to seek resolution of issues on which the Task Force fails to reach consensus by appointing a delegation to meet with dissenting parties in order to seek to resolve the differences. There was also discussion about adding new memben to the Task Force. In particular, the instance of membership and participation by organized citizen groups that are formed for a special interest purpose, such as to express opinions on a new access ranq> in their community, was discussed. It was decided that the Operating Guidelines allow for addition of new Task Force memben, such as these groups, according u) terms established by the Task Force at the time the request for membership is received. Fiiuiily, it wu agreed that the Task Force is defined as being advisory to the LMCD and possibly to other governmental units. The Committee agreed to submit the draft Operating Guidelines to the Task Force for review and adoption at the January 13 meeting. 3. TMk.fi It was agreed that the agenda for the next Task Force meeting should be: 1. Review of Task Force Operating Guidelines 2. Review of Subcommittee Objectives 3. Review of Draft Model Parking Agreements Subcominittee Obiecrives: The Steering Committee developed a list of preliminary Subcomnuttee objectives for each of the three new subcommittees, plus the Steering Committee. These will be reviewed by the Task Force and referred to Subcommittees for further consideration and amendment. It was felt that it would be moie effkieot for the subcommittees to have some initial objectives to start with and the intent oi tte Steering Committee is that these could be modified as the s-bcommittees see fit Steering Committee Objectives 1. Discuss and Recommend matters relating to policy, procedures and agendas to the Task Force. 2. Appoint delegations to seek resolution of issues on which the Task Force is unable to reach consensus. Car/Trailer Parking Agreements Subcommittee Objecdves 1. Based on the parking space inventory, recommend types of agreements needed to make existing parking acceptable under the standards. 2. Consider the priority parking space agreements needed to meet an April 15 deadline. 3. Recommend standards for quality (a grading system) of parking spaces and access ramps. Note: This subcommittee would not work directly with municipalities to develc^ parking agreements but would encourage appropriate agencies to do so. Equitable Distribution and Access Siting Subcommittee Objectives 1. Consider and make recommendations on equitable distribution of siting, sharing of local contribution for access and parking, suitability of additional sites, and park and launch agreements with dvate marinas. leview and make recommendations on suitability and feasibility of additional potential access sites (e.g. Howard's Point, Mai Tai, Advance Machine) 3. Review and make recommendadons repaiding the development of propc .d access facilities (e.g. Hennepui Parks. Gray's Bay Causeway) Secure Funding Subcommittee No proposed objectives yet; need additic.al consultation with the DNR 2.I 5. 6. Review of Draft Model Parking Agreement! This agreement is still being developed by Gordtm Kimball and Gene S n. Qthg{j[miQggg^ Don Germanson req^sted that the Steering Committee send representatives to meet with the LMLOA Board at their January 11 meeting to discuss further the issues related to tiw 700 car/trailer parking spaces goal t^ was not resolved at the December 9 Task Force meeting. Mr. Germanson requested that Jim Grathwol from the Task Force and Dennis Asmussen, Mike Matkell. and Gordon Kimball from the DNR be present Other Steering Committee members that will attend are Bert Foster and Dave Cochran and possibly an additional member yet to be named. 7. The meeting was adjourned at 9:20 p.m. ilitator STEERING COMMITTEE AND SUBCOMMITTEE OBJECTIVES FOR DISCUSSION Steering Committee Objectives 1. Discuss and recommend matter®, relating to policy* procedures and agendas to the Task Force. 2. Appoint delegations to seek resolution of issues on which the Task Force is unable to reach consensus. Car/Trailer Parking Agreements Subcommittee Objectives 1. Based on the parking space inventory, recommend types of agreements needed to make existing parking acceptable under the standards. 2. Consider the priority parking space agreements needed to meet an April 15 deadline. 3. Recommend standards for quality (a grading system) of parking spaces and access rampr . Note: This subcommittee would not work directly with municipalities to develop parking agreements but would encourage appropriate agencies to do so. Equitable Distribution and Access Siting Subcommittee Objectives 1. Consider and make recommendations on equitable distribution of siting, sharing of local contribution for access and parking, suitability of additional sites, and park and launch agreements with private marinas. 2* Review and make recomaiendations on suitability and feasibility of additional potential access sities (e.g. Howard’c Point, Mai Tal, Advance Machine). 3. Review and make recommendations regarding the development of proposed access facilities (e.g. Hennepin Parks, Cray's Bay Causeway). Secure Funding Subcommittee No proposed objectives yet; need additional consultation with the DNR. 1/13/93 Mti n . I -j January 7,1993 rJAN '8 '1993 Mr. Mark Andrew, Chair Hennepin County Board of Commissioners A2400 Government Center 300 South 6th Street Minneapolis, MN 55487 RE: Comments Regarding the Prop Hennepin CounQr Ground Water nan Dear Mr. Andrew: Please OimI encfosed a copy of a resolution adopted by the Minnetonka Qty Coundl <mi January 4,1993 whidi imwides comments on a proposed ground water plan being prepared for Hennepin Coiin^ by the Hennepin Conservation District As you will discern from the resolution, the City of Minnetonka is strongly opposed to tl of protecting our ground water resources. It is our opinion that this resource, vdiich clearly transcends County boundaries, would be more properly regulated by the State of Minnesota. It Is our understanding that the Minnesott De|»rtment of Health (MDH) is in the process of developing rules which will adequately protect our ground water re&ources without the needless creation df another layer of government The draft Hennepin County plan, which proposes the creation of a joint powers organisation of munidpalitiea, water management organisations (WMO>, and the Hennepin Conservation District represents a fragmented approach that we believe will be inefficient and ineffective in protecting pound water resources. We are also of the opinion that the standards which would be imposed by the draft plan are needlessly eicessive in li^t of the standards beiog iidered by the MDH. Our review of the draft plan further indicates that there is a great deal of usefril infor ma tion that has been prepared by the HCD as part of the draft plan. It would make sense to put this together as a to municipalities for their use in understandinf the grouiui water protection ones. However, that WMO^s amend their pUos to require municipalities to adopt and enforce ordinances based on the standards proposed by the draft plan will prove lo be costly as well as ineffective. the city offices are located at 14600 minnetonka boulevard minnetonka, minnssota 55346*1697 Office: i612)*939 i300 fai: (I12)-939I244 Mr. Mark Andrew Januaiy 7, 1993 Page 2 The Qty of Minnetonka strongly urges the Hennepin County Board of Commissioners to abanckin its ground water planning activities and publish the contents of the draft plan as a guide to munidpalities for protecting ground water resources. Sincerely, F. Miller Qty Manager JFM/ph enc. The Honorable Ame Carlson, Governor Mr. David Andmion, Chair, Hennepin Conservatioo Dk trict Mr. Janies Piegat, Hennepin Conservatioo District Mr. D. James Nielsen, Chair, Board of Water and Soil Resourees Mr. Ronald Hamack, Eiecutive Director, Board of Water and Soil Resouroa Mr. W. Peter Eock, Chair, Bassett Creek Water Manageinem Commission Mr. James R. Spen^, President, Minnehaha Creek Watershed District Ms. Aiken Kul^ President, Nine Mik Creek Watershed Dtokt Mr. Conrad Ftskness, President, Riky*Purgatory-Bluff Creek Watershed District Managers/Administrators, Hennepin Cou^ Municipalities RESOLUTION NO. 93-9477 RESOLUTION PROVIDING COMMENTS REGARDING THE DRAFT HOINEPIN COUNTY GROUND WATER PLAN BE IT RESOLVED by the City Council of the City of Minnetonka, Minnesota as follows: Section 1. Background. 1.01. 1.02. 1.03. 1.04. Minnesota statute provides permissive authority to counties to develop and adopt ground water protection plans. Hennepin County has determined it to be appropriate to prepare and adopt a ground water protection plan in accordance with this authority. Adoption of the proposed Ground Water Plan by the Hennepin County Board requires watershed management organizations to prepare and adopt a ground water protection component to their plans. Adoption by water management organizations of ground water protection components to their plana requires municipalities to prepare and adopt ordinances and regulations implementing and enforcing the requirements of the Hennepin County Ground water Plan. section 2. Findings. 2.01. 2.02. 2.03. The cost of implementing and enforcing the requirements of the Hennepin County Ground Water Plan are to be borne by the municipalities; the costs associated with protecting a state-wide resource should not be the responsibility of individual municipalities. The proposed plan is redundant with respect to ground water protection activities being undertaken by the Minnesota Department of Health. The requirements proposed by the Hennepin Cotinty Ground Water Plan are excessive with respect to the Ground Water Protection Regulations now being developed by the Minnesota Department of Health. RESOLUTION NO. 93- 9477 Pagm two 2.04.It docs not appsar practical that 9^ound water resources in Hennepin County can be protected by a joint powers organisation of nunicipalities and watershed nanageaent organizations whose levels of implenentation and enforcement will be extremely variable. 2.05.Specific elements of the Plan which the City has concerns with are as follows: a.The times-of-travel requirements for determination of zones of protection are excessive and would result in over- fsqulation of areas within Hennepin County. b.The assumption of an absence of hydrogeologic information is not well founded, and reliance un that assumption would result in determinations of zones of protection that are unrealistic and excessive. c.The methods of determination proposed for delineating Hellhead Protection Areas are not effective in simulating ’ complex hydrogeologic conditions that exist in Hennepin County. d.Hennepin Conservation District review of delineation and implementation is not well defined in terms of its extent, and if not based on well founded elements of the proposed Plan, would be ineffective. No revenue source is defined to cover the costs of the required Phase I investigations and updates. Section 3. Council Action. 3.01.It is recommended that Hennepin County recognize that the fragmented approach proposed by the Ground Water Plan of having municipalities (jmvelop and enforce regulations will be inefficient and ineffective in protecting ground water resources in Hennepin County, creates an additional layer of government, will increase costs to property tax-based municipalities and the private sector, and is redundant with J 3.02. 3.03. RESOLUTION NO. 93-9477 Page three respect to the work being done by the Minnesota Departaent of Health in preparing rules for wellhead protection, and that Hennepin County abandon its activities with respect to ground water planning. Should Hennepin County choose to proceed with ground water planning, it is recomacnded that the rlan be adopted as a guide only, to whicn municipalities may voluntarily subscribe, and that it be consistent with the findings and proposed requirements of the Minnesota Department of Health. Should Hennepin County choose to proceed, it is recommended that the schedule be delayed until such time as the Minnesota Department of Health has completed the promulgation of its rules in this regard so that the provisions of the Plan can be made consistent therewith. TIMOTHY ; MAYOR ATTEST: L Eliza ^th L. Norton, ^ity Clerk Action on this resolution Motion for adoption: Hisc Seconded by: ds Voted in favor of; Allendorf. Burke. Voted against _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _ _ Abstained:_ _ _ _ Absent: ~ “ Resolution adopted. resolution no. 93- 9477 Pmgm four LEAGUE OF MM CITIES TEL :612-490-96S6 Jan 08 93 No.005 P.02 ' •«>#*- • ^ • • . 1 * •. *• •-♦i r-,V •, f . - - •• • • > • •• ■ . V.*. ..V *Z • *•- i!».••• , - 1. ; I- • * ' * • • • t • -• • *•-. k ... / r •' i-- r-: 9, BXCE8B LIABILITY COVERAGE LIMITS What can ao wrong Th# Btatuta* limit th« ciiy's tort liability to $600,000 par occurranoa* UlCIT providaa a standard $600,000 liability covara^a limit to match tha statutory limit. Howaver, thara ara ••varal ways in which that covara^B could turn out not to ba anough. For axampla: - Th* atatutory limits don't apply to some of the city's liability axpoauras. Soma possible examples are liability under tha federal civil rights laws; liability assumed by contract; liability for actions in another state (under an inter•state mutual aid agreement, or while a city officer is attending an out-of-state conference, t' example); or inverse condemnation liability for land v a regulation actions. - The mciT liability coverage includes annual aggregate limits on the products liability coverage, the limited pollution liability coverage, and the land use liability coverage* If the city should experience more than one liability incident in one of these areas in a single year, the city'e tMCIT coverage might not cover the full extent of the city's liability under the statute. - Although the statutory liability limits have now been lasted several times in court and have been upheld, it is still conceivable that the courts might someday change their minds and hold the municipal tort liability limits unoonstitutlonol. All of these represent ways In which the city could conceivably end up with more liability than it has coverage, so, the city would have to bear the excess from its own r-jaources. There's another issue too that some view as a proj-lem. The tort liability limits literally mean that if an Injured individual's ppcvan damages exceed the statutory limits, he will not be fully reimbursed for the damage he has suffered because of the city's fiagligence* Since the statutes include a •'per-occurrence*' limit as well ee a ••per-cloimant" limit, an individual's reimbursement could be eeverely limited if a number of other people were also Injured in the same incident. B.g., if 60 people were injured in a single incident - say a bleacher collapaes, or a city vehicle hits a school bus full of kids - there could be as little as $10,000 available under the statutory limits to compensate each person. In other worde, the statutory liability l_mlfes mean that sometimes an indivxotal will not be fully compensated for the damage the city has caused. I i I LCfioUE OF Mr. CITIES TEL :612-490-96S6 Jan 08 93 14:45 No.005 P.03 IV % ir; - •< . !v -r 5 -i H9W avoid the Problem Th« citv »hould consider purchasing higher limits of liability coverage* LMCIT mnKes available up to $5,000,000 of additional limits at the city's option. iaiiiiBC would otherwise limit the amount the claimant could recover. Buying higher liability coverage llroita gives the city better otherwise be able to from the city. There's no simple "right” answer to the question of whether your city should buy excess liability coverage limits, and if eo whether to do so under the "waiver" or the "non-waiver" option. Th&B& BtB discretionary decisions that only the council can decide. The council must determine whether the added sipHnSiLr. city funds. sss^irsdsiy the opposite Is true: A big city has much more tax be** s^d be enormous. 10. fimOLBUN TAIfK LIAXB OB SPILLS What can go wrong Minnesota's Petrofund provides reimbursement for 90% of the bI^ridSc2d*o?"refI2ed*^if*thI‘owneJ is not in compllence. And In any event the city will be responsible -iJ: ^Jtsclean-up and liabi.''ity coate, as well as all legal dafenae coe s aaaooiatad with thi' leak or aplll. O’CONNOR & HANNAN ATTORNEYS AT LAW PAUL B. ZISLA (6121 343-1258 3800 IDS CENTER 80 south eighth street MINNEAPOLIS MINNESOTA 55402 2254 I6I2I 341-3800 FAX 1612' 3431256 INCLUDING THE FORMER FIRM MACINTOSH & COMMERS December 31, 1992 JAM le-oPTiiWASHittOTOM. 0 ♦ u ’f ROO » *(N*.t>L»A*,----------- WASHINGTON, C C iOOO^ V02 400 T| lC ■ •• »4#0 t*9m MAOMie orrfcc L4 •.SCONAD* S J* lBO/> Oil' 141 5 »5 o»W4| Om 141 .15T «4a OlM J4i 917 0^99 NUC N W 14R 1 19S8 Honorable Barbara Peterson, Mayor CITY OF ORONO Post Office Box 66 Crystal Bay, Minnesota 55323 Re: John Jerome and Craig Lindell Dear Mayor Peterson: Ke represent John Jerome and Craig Lindell. Our clients are neighbors. Mr. Jerome owns the property at 2605 North Shore Drive and Mr. Lindell owns the neighboring property at 2655 North Shore Drive. This letter is to inform you of our clients' sig nificant concerns regarding the land along the west boundary of the Jerome parcel and the east boundary of the Lindell parcel. Our clients want the city's support in their efforts to atop certain unacceptable use of their procart}. Ice fishermen and snowmobilers travel across the Jerome and Lindell property to access Lake Minnetonka. This unauthorized traversing of private property invades our clients' privacy, creates a nuisance, threatens security, may impose significant liability, and impairs property values. In 1977, the then owners of the Jerome and Lindell property informed the city that there was no basis for public use of the property. Our review of the title evidence confirms the prior owners' position. Further, we understand that the city attor ney's analysis completed in 1977 is consistent with our conclusion. Accordingly, this letter is notice that Mr. Jerome and Mr. Lindell will protect their property rights. They would like to meet with you to discuss preventing public access to Lake Minnetonka over their property. 35 \l>4ni ol Proles sMTud Legal Savk» O'CONNOR & HANNAN ATTORNEVS a^ law Honorable Barbara Peterson December 31, 1992 Page 2 Please call us at your earliest convenience to arrange a meeting with ourselves and our clients. Our clients will not take any action to remedy the problem within the next seven days so that a meeting can take place. We look forward to hearing from you. Very truly yours, O'CONNOR ft HANNAN A Paul B. Zisla —7 h PBZ/js cct Mayor Elect Edward Callahan Glenn Cook, City Engineer City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 BOARD MEMBERS TO: David H Cochran. Chair Greenwood Tom Penn. Vice Chair Tonka Bay Douglas E Babcock, Secrelary Spring Park Scon Carlson. Treasurer Minnetrista Mike Bloom Minnelonka Beach Atoerl (Ben) Rosier Deephaven James N Grathwol Excelsior JoElien L. Hurr Orono William A. Johnstone Minnetonka Duane Markus Wayzata George C Owen Victoria Roben Rascop Shorewood Tom Reese Mound Roben E Slocum Woodland LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAYZAIA BOULEVARD, SUITE 160 • VMY2ATA MINNESOTA 6S391 • TELEPHONE 61? 4,’3 T033 December 29. 1992 EUGENE R. S^ROMM^ jxE;:gfci^ director Deephaven Mayor Richard Engebretson Excelsior Mayor John Anderson Greenwood Alan Albrecht Minnetonka Mayor Tim Bergstedt Minnetonka Beach Mayor Robert Abdo Minnetrista Mayor Scott Carlson Mound Mayor Skip Johnson Orono Mayor Ed Callahan Shorewood Mayor Barb Brancel Spring Park Mayor Jerry Rockvam Tor.Ka Bay Mayor Vern Haug Victoria Mayor Peter Hill Wayzata Mayor Robert Gisvold Woodland Mayor Nicholas Duff FROM:LMCD Chair Dave Cochran Greetings for the New Year frow the LNCD BoardI You are invited to a very snecial meeting to open the New Year. This meeting is to serve two * .* • Briefly introduce four major work priorities facing the LMCD, and • Invite your feedback and response on these priorities, or any other issue you care to question or present. file ^our topics to be introduced are: 1. Annual budget for 1993 2. Eurasian water silfoll control □ Lake occeos nnd current studies 4! Lake use related to the 1992 Biocentric study A hearty buffet breakfast will be served during this hour and 15-30 minute exchange planned for: 7:00 an, Friday, January 8, 1993 Lafayette Club, Hinnetonko Beach Over half of the program time will auestiona, comments and response. All LMCD boL.rd members ore expected to ottend. Tf this date ® _ --ior conflict, please deaignato a council member to repri^nryou Pass th. Invit.llon detail, .nd your "o™ oIon«. We ar. hopelul of 108X city pr—nca. We are particularly prepored to listen to thouaht® We will adjourn thi® fneetlng no ia al w. tru.t thl. meeting .111 lead to .ora aach exchangee throughout the year. you lor your BGVP Wednesday, January 6.Thank i LAKE MINNETONKA CONSERVATION DISTRICT 900 E. Wayzata Blvd, Suite 160, Wayzata MN 55391 473-9708 L.M.C.D. MEETING bC'^EDULE JANUARY 1993 Friday 1 Legal Holiday, Office Closed Thursday 7 Administrative Comr.iittee 3:30 pm, LMCD Office, Wayzata Friday 8 1993 Mayors' Priorities & Goals Preview 7:00 am,Lafayette Club, Minnetonka Beach Saturday 9 Water Structures Committee 7:30 am, #135 Norwest Bank Bldg, Wayzata Tuesday 12 Environment Committee 8:00 am, LMCD Office, Wayzata t^ednesday 13 Lake Access Task Force 7:00 pm. Freshwater Biological Institute, Navarre j Monday 18 Legal Holiday, Office Closed Tuesday 19 Technical Review Committee 8:00 am. #135 Norwest Bank Bldg, Wayzata Thursday 21 Fee Study Subcommittee 3:30 pm, LMCD Office, Wayzata Friday 22 Eurasian Water Milfoil Task Force 8:30 am, #135 Norwest Bank Bldg, Wayzata Monday 25 Lake Use and Recreation Coiranittee 4:30 pm. #135 Norwfst Bank Bldg. Wayz Wednesday 27 LMCD Board of Directors Regular Meeting 7:30 pm. Tonka Bay City Hall 12/29/92 LAKE MINNETONKA CONSERVATION DISTRICTWATER STRUCTURES COMMITTEEAGENDA7:30 AM Saturday, January 9, 1993Norwest Bank Bldg, 900 B Wayzata Blvd, Rm 135 (Elavator handicapped access west entrance, Wayzata Blvd) 1. Staff recommandations for a proposed ordinance regarding use of non-encased molded polystyrene foam as a dock flotation device. 2. Subcominittee report on Facilities Licensed/Not Constructed ” recommending approval of the draft ordinance amending Sect. 2.05, Special Density, Subd. 3, Renewals; with changes as noted. 3. Draft Ordinance amending Sect. 1.07, Subd. 3 Length Variance, first reading: a. Chair suggestion to also amend Sect. 2.01, Subd. 2,a) paragraph two, second sentence: change three feet to four feet from the 929.4' OHW; see code excerpt attached. 4. Pees for New Multiple Dock License applications; staff recommendat ion. 5. Proposed amendment to Code Sect. 2.01, Subd. 3, Common Use of Adjacent Dock Use Areas; staff report. 6. Staff recommendation for definition of WSU measurement, amending Resolution 76. 7. Lake Minnetonka Dredging Joint Policy Statement between MN DNR, MCWD and LMCD per 11/20/92 DNR outline on behalf of all agencies. 8. DNR Permit application from Carlson Real Estate Co. to dredge a navigation channel around a wetland in Minnetrista to provide lake access to new development; staff report cn dredging depths exceeding proposed DNR/MCWD/LMCD policy. 9. Hennepin County Regional Park - draft development plan with docks and boat launch site, for information only. 10. Interim Ordinance #115 Restricting Licensing, Construction and Maintenance of Certain Commercial and Multiple Docks Requiring Special Density License review for expiration as of 11. Additional business recommended by the committee L 12/29/92to:PROM:SUBJECT:LAKE MINNETONKA CONSERVATION DISTRICTWater Structures Committeo Executive Director Gene StrommenRecommendations on Provisions to Include in an Ordinance Governing the Use of Foam Materials for Floating Docks, Other Structures, Devices STATEMENT OF THE PROBLEM. Evidence of non~encased molded polystyrene breaking away from floating structures placed in Lake Minnetonka has caused public concern for lakeshore littering and other related problems. Molded ^polystyrene is made from expandable beads which are expanded and fused together. Pieces as small as a single polystyrene bead of approximately 1/8" in diameter to large polystyrene chunks make up the litter problem. The MN PCA regards this as a litter problem, rather than a pollution problem for public waters, therefore the litter reference. The primary portion of foam litter is attributable to docks using non~encased molded polystyrene. Some multiple docks are known to be currently using molded polystyrene on lake Minnetonka. A smaller quantity of molded polystyrene i: used in swim rafts as well as for mooring flotation devices. EXPLORING SOLUTIONS. Ordinance 104 adopted by the City of Orono, effective 8/17/92, specifically prohibits the use of non~encased Styrofoam. The city inadvertently identified Styrofoam, a trade marked product, as the polystyrene causing the litter problem. In fact, Stvrofoam is an extruded polystyrene, rather than the molded expanded bead product. It is the molded expanded bead product which readily breaks up and created the immediately visible litter problem. LMCD has been advised by Orono staff that intends to amend its ordinance to correct the Styrofoam reference, but Orono staff is awaiting LMCD’s possible action on the subject. The Orono ordinance prohibits use of non-encased materials for most floating structures, unless properly encased to prevent disintegration of the molded shapes into smaller chunks and smaller beads. The ordinance does allow owners using non- encased molded materials to use them until 12/31/94. The Water Structures Committee first expressed its concern for eliminating the non-encaaed molded polystyrene litter problf^v. The commit*^oe added further concern for extruded polystyrene, one product being Styrofoam. The committee asked that extruded polystyrene be regulated the same as molded polystyrene by means of requiring encasement if it were to be used for water structure flotation purposes. RECOMMENDATIONS ON AN ORDINANCE REGULATING FO.\M FLOTATION MATERIALS, 12/29/92, P. 2 Public hearing Lostimony on 10/28/92 reported that extruded polystyrene with closed cell beads 0.125 inch or smalloi- approved for marine use does not. experience the breaking and fragnentation of molded expanded polystyrene beads. Dow Chemical Co., which manufacturers Styrofoam brand extruded polystyrene, subsequently verified the product’s stability for flotation purposes, including long-life service in freezing temperatures. The product does not absorb water due to its closed cell nature, and therefore is not subject to water damage due to freezing. The molded expanded polystyrene beads, however, arc affected by freezing water damage as the product absorbs water. Dow Chemical Co. does agree that the product should not be uced for flotation of fuel docks or any flotation needs where petroleum products, including gaioline, would come in contact. Properly encapsul?; t ed polystyrene or other flotation material not subject to petroleum de t e r i or a t iis necessary in sucli uses. STAFF RECOMMENDATION: 1 .Molded expanded polystyrene bead flotation material may only be permitted for water structure flotation uses if it is properly encased. The City of Orono ordinance is broad and general in its description of molded expanded polystyrene bead material encasement. Namely, the ordinance states that encasement must "completely encase in a permanent casing, coating or container capable of withstanding action by ice or other elements, animals, and normal activity by users so that disintegration of the molded shapes into smaller chunks or individual beads is prevented."i This requirement does appear adequate to put the burden on the molded expanded polystyrene bead material to properly encase it. Should a user seek more specific guidance on how this night be reasonably accomplished, LMCD could refer them to references in the Oregon State Marino Board Rules. These rules detail encapsulation *^ypes. The Orono ordinance does not require encasement of expanded polystyrene foam of the closed cell bead of 0.125’ or smaller manufacture. Staff recommends LMCD sinilorly not prohibit its unencssed use except on fuel docks or wherever gasoline and jetroleum produits will come in contact with the material. Use in such cases would require an inperrocable petroleum-repelling coating RECOMMENDATIONS ON AN ORDINANCE REGULATING FOAM FLOTATION MATERIALS, 12/29/92, p. 3 of sufficient thickness to withstand physical as well as petroleum product penetration. Time of compliance is the remaining consideration for the problem polystyrene presently in use. .Multiple docks presently using the problem polystyrene will continue to release foam fragments into the lake. The Orono ordinance set 12/31/94 as its deadline for compliance to have all non-encased polystyrene removed or oacased. Multiple dock users affected by the Orono ordinance h.^ve stated this does rot allow a reasonable return on their current investment. The multiple dock users, however, are not taking the responsibility for using a product which is causing the present litter problem, a product they might have investigated more thoroughly before making such an investment. A deadline for removal of the problem polystyrene is needed. Some incentive to the multiple dock owners using this material might be helpful to encourage their removal of the problem material perhaps even before 12/31/94. The committee may wish to consider an incentive. These are invited as part of the timing discussion. Representatives of the affected multiple docks. City of Orono and Dow Chamical Co. are being advised of this outline as it is considered by the committee 1/9/92. (See suggested change of LMCD) Oronu ordinance for adoption by M RECOMMENDKD CHiXNGKS TO ORONO ORDINANCE REGULATING FOAM USE: Styrofoam MOLDED EXPANDABLE POLYSTYRENE BEAD Dock Flotation Prohibition. (Delete underline items, add items in CAPS) Subd.1. 1) Preamble. The City LMCD hereby determines that: Disintegration of non-encased styrofoam MOLDED EXPANDABLE POLYSTYRENE BEAD flotation blocks used in •'ocks, swimming platforms, buoys and other floating •structures in the City of 0rono LAKE MINNETONKA has led to the disintegrating particles washing ui onto THE LAKE SHORE shoreland in QroPO in substantial and unsightly quantities, endanggjJjLg. DETRACTING FROM the comfort and enjoyment of the affected property owners. THIS HAS THREATENED THP, LAKE ENVIRONMENT AND CAUSED and causing environmental damage_tn.4 2) 3) 6) generally unsightly undesirable public conditions. Such disintegration is a n a t u r a_L characteristic o f the s t y r o foam <1 escribed MOLDED EXPANDABLE POLYSTYRENE BEAD MATERIAL when used for flotation purposes . in the City limits. Such disintegiation is * celerated by tho actions of aquatic animals and waterfowl and. i_Q. tMr.T..A. WHICH MAY constitute 4. a hazard to their well-being. Additional health and safety concerns can occur if such material is subject to EXTREME heat OR FLAME, gasoline or other petroleum products, and The use of non-encased styrofoaffl MOLDED EXPANDABLE POLYSTYRENE BEAD MATEFIAL for the purpos# oontioned abovs is PROHIBITED. .1 p b I jjL DU j URSA within tho meaning sJL Ofona QL.%.Z ChP^tL Subaection 9.21. Subd. 2. Definition. LftT thg^ purpose <>1 lllijL Non- atyrofoam MOLDED EXPANDABLE POLYSTYRENE BEAD MATERIAL naans any brand of expanded polystyrene beads molded into a block, sheet, billet or other shape which is not co«i 1ele1y encased in s permanent, FULLY SEALED casing, costing eontsiner THE LIFE OF WHICH WILL AT LEAST EQUAL THE TIME THE HATER STRUCTURE IS INTENDED FOR USE IN LAKE MINNETONKA. SUCH CASING. COATING OR CONTAINER MUST BE capable of withstanding notion by ice or other elements, animals end normal activity by ueere at *het dieintegretion of the molded shapes into ■•all«i rSieka or individual beads is prevented. Subd. 3. Use of Non-encesed St vroioeg MOLDED EXPASOAitf fOLTSTTPEME BEAD MATERIAL Prohibited. A. It is e miademeeaor (or appropriate LMCD peneltyl for any person to use non-eneeaed MOLDED FXPAMDAlLB etc B. This ordinance shall apply to auch uses after the aate of the adoption of this ordinance, escept when owners of such non-enesaed styrofoam MOLDBO IXPAMDAILI POLYITYRBMI BEAD MATERIAL who are presentty neing them in thn Cite LAKF FitNMITONKA far purposes |QfPi4A>*. 4 PROHIBITED by this ordinance FOR DOCKS AND FLOATING PLATFORMS may coiiLinuti to use them for such purposes in existinc structurcG currently containing them until December 31, 1994. (RECONSIDER THIS DATE DEADLINE).This exception does not include repair or replacernunt of existing styrofoam MOLDED EXPANDED POLYSTYRENE BEAD MATERIAL. BUOYS MADE OP MOLDED EXPANDED POLYSTYRENE BEAD MATERIAL MAY CONTINUE IN USE FOR SUCH PURPOSES UNTIL DECEMBER 31, 1 997. IF A NEW BUOY IS INSTALLED I.N LAKE MINNETONKA IT MUST COMPLY WITH THIS ORDINANCE IMMEDIATELY. A BUOY WHICH REQUIRES ANY REPAIR MUST BE REPLACED WITH ENCASED PROTECTION DESCRIBED IN SUED. 2 OR WITH EXTRUDED CLOSED CELL FOAM OR OTHER NON DISINTEGRATING MATERIAL. if no • r\ BOARD MEMBERS David H Ccx:hran. CMair Greenwood Tom Penn. Vice Chair Tonka Bay Douglas t Babcock. Secretary Spring Park Scott Carlson. Treasurer Mmnetnsta Mike Btoom Minnetonka Beach Albert (Bert) Foster Deephaven James N Grathwol E«ceisior JoEllen L Hurr Orono William A Johnstone Ml* netonka Duane Markus Wayzata George C Owen Victoria Robert Rascop Shorewood Tom Reese Mound Robert E SkKunt Woodtandl LAKE MINNETONKA CONSERVATION DISTRICT 900 EAST WAYZATA BOULEVARD. SUITE 160 • Y/AYZATA MINfJF.SOTA 55391 • TELEPHONE 612 47.3 7033 EUGENE R STROMMEN, EXECUTIVE DlRECTOn December 21, 1992 Mr. Lynn Adams Forest Arms Country Club Assoc. 915 Forest Arms Lane Mound MN 55364 Dear Mr. Adams: We received the application for Forest Arms Improvement Association’s multiple dock license along with your letter of 10/26/92. The letter explains that the iprilcation U to back licenao (i.e .lip. th.t Her. chLged in 1987 Irom 32' to 24' long. «htch yon now propose to change back to 32 . In your letter, you also claim that slips ^ 16’ X 28’ and two 16* x 32 in V*^^"®^**** ® ,aardoL X 16*. The photo that you submitted taken in 1992 d not provide evidence that the slips were used m this manner prior to 1982 when the ordinance was adopted limiting slip size on non-conforming structures, site plan from 12/2/83 also does « claim. These have been licensed as 16 long sl^P* 1987, which was agreed to by the Association until the spring of 1992. Staff is not awara of any provision that would back licensing at a site that has a non-conforming boat density to regain slip sizes used in the past. xnis will have to be brought to the LMCO legal counsel, the Water Structures committee and the Board for a deciaiQO. The back licensing fees were deposited by our administrative itaCf before the application ri.i.H.d, »cc.pti»g th. *... do., not -PH t.chnic.l • t.n .cc.pt.nc. or concurr.nc. with '*'* * i If thr Bo.cd do., not .ppro.e ih. .pplio.tion ch.ng... th. f..s o».r th, r.n.w.l .pplio.tion f... “• re funded . Note also, it is necessary K)**n*^^* jhit'ti::*:!.'^ ’x: .h. l............. issued, es well as the 100 length. ilk Forest Arms Improvement Association, 12/21/92, Page 2 We will advise vuu when the Forest Arms Improvement Association application is on the Hater Structures Committee agenda for review. Sincerely, MINNETONKA CONSERVATION DISTRICT achel Tfii'b^ult Administrative Technician c: D. Babcock, Water Structures Chair J. Hurr ■gaik*. r • i. Forest Arms Country Club Assoc. Forest Arms Lane October 26. 1992 KtCfc.1 Vci»; Euqene R. 5trommen. Director LMCD 900 L Wayzata Blvci. Suite 160 Wayzata, Mn. 55391 N'OV 24 1992 • ^IC.D. Dear Mr. Strommen, Enclosed please find our 1995 dock license appllcat>on. You will note that we nave added a back license pavment. as suqoested by several LMCD board directors. Our objectIve is to return to the 1986 dock plan which shows 10 13ft x32 ft. slips, 2 16ft X 28 ft. slips, and 2 16 ft. x 32 ft. slips. And we will pay a correct W5U fee for e^ch slip and for each year. Our intention In reducing 5 of our 32 ft slips to 24 ft silos, in our islSO letter to Frank 1-hxa. was to fetiuCe Our dock fee durinu a tinie when we did not need 10 “ 50 ft 3iipr- We had no intention of qivmq up our grandfathered rlohts to those slips Several LMCD board directors have commented that they are not comfortable with the LMCD diminishing our dock rights without our awareness, and that tliey would support a back license to 1986. s Slips *1 1 to 14 have been licensed as 10 ft .x 16 ft. slips In the past, we had no problem In the past with the LMCD considering them to be 16 ft. sHP’: and assessing us accordingly, as it saved us some money We never suspected that we would not be allowed to move these slips outboard at their actual size when we needed to. We have enclosed a photo, taken June 5, 1992, to prove that slips *’1 1 to 14 are much larger that 10ft x 16 ft. as they completely enclose boats that are much longer than 16 ft. Slip *^1 1 contains a 19 ft Alumacraft outboard, slip •’12 contains a 25 ft cnnscraft 1.0 , slip ^13 contains a 25 ft. Starcraft 1.0 , and slip '14 contains a 20 ft. pontoon boat with a outboard We desire to move these slips to a lakeward facing position at a size equal to their useful size in 1986 All slips, of course, would be narrowed to 11 ft. width, so that our dock conforms to all set-back requ'rements We had expected that Uie LMCD would have ref ined It’s requlatl'ons. and added a definition of slip size, m time for oir Mi95 license andicatien aini that we could seek guidance from a more pr ecise LMCD code Lackin'^ additional LMCD direction, and liciderstanding tire LfKD cofKerfi for lit*erai n h. U- h i-. m precetient, v/? ;iik for no change or loose interpretation of existing codes. We ask Instead for an accurate evaluation and W5U assessment of our 1987 dock plan, hack-licensing to 1986, and to move slips *^11-14 outboard at their actual useable lengths. Forest Arms Country Club Assoc ww. • :V.? : \ .'i’fi- I \W^’i-/^ • r.», ^t C. •;?*) •^*nt“»t».TV* t. •»-.-/. .'l;V .4.V^V ' • • * •' vf: /• .: ^yr^SiLx • '* — tiipniw j 0^V-:-',-.‘If jmg • --y'^ ,'■' r/^^-i. ? : ■ ’.-. • .^*^'A- •fc-u tS’ 5-’v- . • - '■• ;-<’i 5^ ■••^t • ' • » * 5 •V i^‘ •. A i-‘ V P* *■ ^>- j ym i)F’ -f ' ■ •'•M . ••■. :V-'S :mm 7i-.^4^4;- » *2»*Vi:- ;•r,,' 0?i|- . V * • , _f»*____4/v«^e £V« ■%ar< m^<fm J j 1 1 11I/£ (/J 1 uJ »i 1^ ■ ■ ■ n '/£/j n--1--nr*