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01-27-1992 Council Packet
I i': Planr.inc Ccrr.issi 'w ^ - f-' P jBL±C ^ CITY OF ORONO .*liL ^ ^ATE //• ~' ' / > PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS. NAME (please print)ADDRESS NAME OR NUMBER PRESENT FOR (from agenda) rI i '-V 1^’ i:- r- iL t r f . AGENDA FOB COONCIL MEETING SET FOR MONDAY, JANOART 27, 1992, 7:i0 P.H. (*) ROLL CALL Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Discussion will be held upon request. Memos regarding each of the Agenda items are available in the Public Packet which may be obtained upon request from the Recorder. COUNCIL MEEnNG 1. CONSENT AGENDA* APPROVAL OP HINOTES * 2. Regular Meeting of January 13, 1992 JAH2 7 _ cmr OF ORONO LAKE MINNETONKA CONSERVATION DISTRICT - JoEllen Hurr Representative PUBLIC COMMENTS > (Liait 5 Minutes Per Person) lONING ADMINISTRATOR'S REPORT **APPLICANTS** iMiediately after the Council has reviewed your application please sign the three (3) original resolutions at the Recorder's desk. Applicants need not execute resolutions for subdivisions, vacations and denials. 3. 4. 5. e. 7. #1682 Christine Brickley, 3262 North Shore Drive - Variance - Resolution #1705 Christopher Smith, 3650 Casco Avenue - Variance - Resolution #1707 Jack Rhode, 1690 Shadywood Road - Renewal Variance - Resolution Comprehensive Plan Amendment #3 Septic Ordinance Amendment - Stephen Weckman NATOR/COONCIL REPORT 8. Park and Planning Commission Applicants ENGINEER REPORT * 9. Pay Request 1st and Final 1991 Seal Coating CITY ADMINISTRATOR'S REPORT 10. DNR Proposed Lake Access 11. Work Session 1/30/92 Seasonal Road Weight Limits Golf Course Equipment Purchase 1992 Insurance Renewals and Agent of Record 12. 13. 14. CITY ATTORNEY'S REPORT LICENSES (15*) Home Occupation License - William Dickey, 2645 Watertown Road BILLS (16*) AOJOORNHENT AGENDA FOR COUNCIL MEETING SET FOR MONDAY, JANUARY 27, 1992, 7:00 P.M. 0PC0HIN6 ItOKS dlim AND EVENTS 01/24 - Deadline for Planning & Park Corr.mission Applications 01/27 - CouAMp. 7 p.m. Council Chambers 01/28 - Hwy l2 Technical Committee 1:00 Delano City Hall 01/28 - Hwy 12 Citizen Committee 4:00 Maple Plain City Hall 01/28 - Facilities Design Committee 5:00 107L Education Link 01/30 - Council Work Session 3:00 Council Chambers 02/10 - Council Meeting 7 p.m. Council Chambers 02/11 - Facilities Design Committee 5:00 107L Education Link 02/13 - Park Commission 7 p.m. Council Chambers 02/17 - Holiday - President's Day 02/18 - Plannino Commission 7 p.m. Council Chambers 02/24 - Council Meeting 7 p.m. Council Chambers 92/25 - Facilities Design Committee 5:00 Orono Middle School Faculty Dining Room ROLL MINUTES OF THE REGULAR ORONO COUNCIL MEKTIlG^A)^^.- HELD JANUARY 13, 199 2 , The Council met on the above date with the following memMiQ^t/Q present: Mayor Barbara Peterson, Councilmembers Gabriel Jabbour, Edward Callahan, and Mary Butler. J. Diann Goetten was absent. The following represented the City staff: City Administrator Ron Moorse, Public Works Director John Gerhardson, Building A Zoning Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Tom Barrett, City Engineer Glenn Cook, Chief of Police Stephen Sullivan, and City Recorder Teri Naab. Mayor Peterson called the meeting to order at 7:00 P.M. (#1) PUBLIC HEARING - 7:00 -7:15 P.M. CONSIDERATION OP TEMPORARY CLOSURE OF SPATES AVENUE AT BROWN ROAD SOUTH The affidavit of publication and certificate of mailing were noted. Moorse explained that this is a proposal to temporarily close off Spates Avenue at Brown Road South on either side oi the railroad crossing to eliminate through traffic. Dan Crear, 1980 Spates Avenue, noted he initiated this proposal because of the increase in truck and car traffic. He explained that when the City put in the sewer, the roadway was changed making it etraighter, wider and flatter, and since that time the level of traffi. has increased dramatically. At that time, there was an issue of a lift station which was constructed in violation of codes. Crear noted at that time he requested the Council to screen the lift station ana to solve the traffic problems on Spatea Avenue. The traffic count revealed that when the road is used as a detour from County Road 15, up to 800 cars per day use the road a day; and on the average there are 400 cars per day. According to City statistics, normal traffic for a street such as Spates Avenue should be approximately 40-50 cars per day. He noted the current level of use is sometimes 10 times the average use and sometimes at much higher speeds than recommended. MINUTBS OP THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 13, 1992 CONSIDERATION OP TEMPORARY CLOSURE OP SPATES AVE AT BROWN RD S - COKT. Cr^ar indicated that his original proposal was for speed bumps, which the City did not agree with. Crear also pointed out that the railroad crossing is unmarked, which is a dangerous situation for all that traffic. He cited that the Council had denied development of a short cut through the recent subdivision by Long Lake because of concern for additional traffic. Linda Printup, 1261 Briar Street, asked if the roadway were to be closed, could County Road 51 handle the additional traffic. She also asked if Spates Avenue would be closed to pedestrian traffic. Qerhardson suggested that an opening for pedestrians would be Maintained through the berming. He noted that initially, barricades would be placed until such time that material could be placed at both sides of the crossing. Crear explained that the first recommendation by staff was to dead~end both Spates Avenue and Railroad Avenue, which would solve more of the problem. Printup noted that Briar Street is also used as a shortcut which has a lot of traffic, but they are not reque.sting closure of the roadway. Ken Carlson, 3498 North Shore Drive, commented that if both roads timre to be closed, it could create a potential hazard making it difficult for emergency vehicles to get to properties on Spates Avenue. Butler asked Sullivan to comment on additional response time if the road was to be barricaded. Sullivan noted that if the County Roads were backed up and both Spates Avenue and Railroad Avenue were closed, it could create a substantial hazard. Mayor Peterson asked staff to define "temporary closure" MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 13, 1992 CONSIDERATION OP TEMPORARY CLOSURE OP SPATES AVE AT BROWN RD S - CONT. 0«rhardson stated that it is felt that the City generates about 50% of the traffic on Spates Avenue. He suggested that the road be closed until the City office is rioved. Jabbour questioned if 80% of the traffic is comino from County Road 51, what will prevent them from going down Railroad Av^xije and still using Spates Avenue. Staff concurred traffic wo*’ld not be deterred from using this alternative. Sullivan stated that Spates Avenue is a narrow road and traffic does tend to be driving at a higher rate of speed on the road. He noted that in the event of an emergency at County Roads 15 and 51, the preferred route is to use Spates Avenue. He felt this solution would solve only half of the problem and still provide for public safety. Ho also noted that it would bo good to eliminate a railroad crossing which is unmarked. Jabbour asked about a one-way option for the road. Sullivan explained that the rule would then apply to all, including residents of the roadway. Ho also stated that because of limited manpower, he could not guarantee surveillance during problem times. Callahan felt that because the roadway is being used more is all the more reason to maintain the roadway. Ho noted this solution will not solve the problem. He stated that perhaps the intersection at County Road 15 and Spates Avenue should be corrected. Butler noted that if the City is in fact a major contributor to the problem, employees should be directed not to use Spates Avenue. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 13, 1992 CONSIDERATION OP TEMPORARY CLOSURE OP SPATES AVE AT BROWN RD S - CONT. Callahan felt they should be allowed to use Spates Avenue. Butler also pointed out that most of the problems are during rush hour, which indicates that the City docs not contribute to the major problem. Jabbour reiterated that this is not a problem. valid solution to the Mayor Peterson noted that if this request is allowed, they would be setting a precedent for other roads, such as old Beach Road. She explained that Hennepin County is researchina future improvements for County Road 15. Crear added that the Police Chief has agreed that Spates Avenue is the preferred detour, which amounts to about 800 cars per day. Callahan noted that when that happens, it needs to happen and asked where Crear would suggest they go instead. Mayor Peterson asked if the rate of accidents or near accidents would increase if everyone used the County Road 51 access. Sullivan stated that would be speculation, but noted people take more risks when frustrated. He felt that perhaps it would be premature to make a decision on this matter. Crear asked the Council if they did not intend to do anything about closing the road, then do something to discourage through traffic such as speed bumps. Oerhardson explained that speed bumps create maintenance problems and emergency vehicles and buses do not like them. Callahan noted that perhaps the turn could be narrowed from County Road 15 onto Spates Avenue, thereby requiring motorists to reduce their speed. MINUTES OP THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 13, 1992 CONSIDERATION OP TEMPORARY CLOSURE OP SPATES AVE AT BROWN RD S - CONT. Jabbour suggested th'y recoroaend to the County to discuss this situation with the residents of this street when designing iiiproveaents for County Road 15. Mayor Peterson concurred that they all agree there is a problem, but do not feel the solution is the best possible option. Harry Sweatt, 3225 Bohns Point Lane, suggested the Council try the temporary closing to find out if it eliminates the problem. Crear stated that at the November 25th meeting. Council noted that they should try this alternative. Callahan explained that the Council agreed that a public hearing should be held prior to any closure of a public road. Cook noted that the City has requested that the County look at the warrants for a signal light at the intersection of County Roads 15 and 51 as part of the safety improvements to County Road 15 and he suggested they ask the County to spc 'd up the process. He noted the signal light would allow a gap in traffic for those to enter onto County Road 15 from side streets. It was moved by Butler, seconded by Jabbour, to direct the City to proceed with the installation of temporary barricades for a period of 6 months. Ayes 2, nays 2. Mayor Peterson and Callahan voted nay. It was moved by Callahan, seconded by Mayor Peterson, to deny the request to Install a temporary closure on Spates Avenue and Brown Road South. Ayes 2, nays 2. Jabbou^ and Butler voted nay. There were no further motions. HINUTBS OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 13, 1992 (#2) CONSENT AGENDA Jabbour removed Item #5. Mayor Peterson added Items #18, 19, 21 and 22. It was moved by Callahan, seconded by Butler, to approve the Consent Agenda, with the exception of Item number 5 and with the addition of Item numbers 18, 19, 21 and 22. Ayes 4, nays 0. Motions for all items adopted by consent agenda will be included in the minutes in their respective numerical order. by Butler, to approve the held on December 4, 1991. by Butler, to approve the the Orono Council held on (*«3 & *#4) APPROVAL OF MINUTES It was moved by Callahan, seconded minutes of the 1992 Budget Hearing AyeT 4, nays 0. It was moved by Callahan, seconded minutes of the regular meeting of December 9, 1991 Ayes 4, nays 0. (#5) APPROVAL OF MINUTES Jabbour requested that it be noted in the minutes that he mentioned that Gen Olson has worked very hard fov the Lake Minnetonka Community along with Steve Smith. Butler directed staff to include the sign-in sheets as a part of the minutes. It was moved by Callahan, seconded by Butler, to approve the minutes of the public hearing on the proposed DNR Maxwell Bay lake access by the Orono Council held or. January 6, 1992. Ayes 4, nays 0. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 13, 1992 (iSA) SEWAGE TREATMENT PLANT PROPERTY PLAN PROPOSAL Richard Flint, Chair of the Park Commission, was present. Flint reviewed proposals for development of the sewer plant property, which included: development totally as park property; development as totaxly residential; and a combination residential and park property for development. He expi ined the Park Commission is recommending the combination development, with the property to the north designated as park land to remain undeveloped until such time that development to the north provides access to the parcel. He asked that the Council consider not charging the Commission for the designated park land as they have a limited budget with many other projects being considered. Jabbour commended the Commission on their good work and noted that places such as this are what Orono is all about. Mayor Peterson asked what funding the Commission would need to complete their portion of this plan. Flint noted that they are proposing at this time to just cut the grass and install the duck blinds at a minimum cost. He stated that they felt the parcel to the north designated as future park may be too secluded. Callahan asked where the wetlands are in relation to French Lake. Oaffron noted tnis is a part of the French Lake basin for which the DKR recently determined the ordinary high water level. The lagoon has a separate high water nark 4' higher than the marsh to the south and east and about 3 1/2* higher than the mersh directly to the east and northeast. The westerly boundaries shown for the lagoon ar«« actually the boundaries for French Lake. Gaffron noted that on the planner's sketch the 150' setbacks are correctly shown for a Natural Environment lake. These are proposed to be adopted with tne new shoreland regulations. Callahan asked if this property i.*" affected by the moratorium. Oaffron noted that it is. MINUTES OF THE REGULAR ORONO COUNCIL HBBTINO HELD JANUARY 13, 1992 SBWAOB TREATMENT PLANT PROPERTY PLAN PROPOSAL - CONT. Callahan preferred to give the matter some thought before action is taken. Flint noted they would like to do something with this property in the summer of 1992. Butler noted the proposal is a great compromise. Habusth explained this proposal could be brought before the Planning Commission as an informational item. It was moved by Callahan, seconded by Jabbour, to refer the proposed plan for the sewage treatment plant property to the Planning Commission as an informational item, and to table any decision on the proposal until after the adoption of the shoreland regulations and the removal of the moratorium. Ayes 4, nays 0. Flint asked what they should plan for with regards to this property for this year. Callahan explained the shoreland regulations will be reviewed by the Planning Commission at their February meeting. He noted that they could still make plans for the property for the upcoming summer. Jabbour noted that the park land can be developed and used -ior to subdivision approval. (•6B) PARK PLANNING Plint reguested that the Council consider appropriation of up to $25,000 from C.D.B.G. funds to update the Comprehensive Plan as it relates to parks, including the entire park system and particularly the Crystal Bay site and the Orono Golf Course. Mayor Peterson noted they would consider this request. 8 MINUTES OF THE REGULAR ORONO COUNCIL MEETINGHELD JANUARY 13, 1992 (#6C) SANDY BEACH SWIMMING DOCK INSTALLATION Flint noted the Commission requested input from surrounding neighbors on the absence of the dock during the 1991 season. He noted that input indicated that the problems in the area have greatly been curtailed. He stated the Commission is recommending unanimously that the dock not be reinstalled, permanently, but the area be maintained as a park. Butler noted she received a call from Dale Woodbeck who favor of reinstallation of the dock. IS in Carol Peterson, 1410 Cherry Place, stated she would like to have the dock back and felt that the problems were caused by the same children in the past. Dale Woodbeck, 1445 Cherry Place, noted he too would like to have the dock reinstalled and noted that usage of the beach is down for the wrong reasons. Bruce Feldman, 3890 Cherry Avenue, stated he is the resident directly next to the beach and noted that by eliminating the dock approximately 951 of the problems were eliminated. He advised that the area is only 40' wide and with the dock and buoys in place, they actually encroach upon his property. Cheryl Granning, 3898 North Shore Drive, stated she wanted to keep the dock and felt with the increased awareness of the situation, perhaps there will not be such a problem in the future. Josh Woodbeck, 1445 Cherry Place, stated that the bad kids have gotten older and now have other things to occupy them. He noted that the beach isn't as much fun without the dock. Neil ’Ttagna, 1890 Shadywood Road, arked why the residents should *ve to worry about patrolling a public beach. He stated that tne Council should consider hiring a lifeguard. Mayor Peterson noted that was considered last year but was very costly. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 13, 1992 SANDY BEACH SWIMMING DOCK INSTALLATION - CONT. jabbour stated these comments should have been brought to the Park Commission. It was moved by Butler, seconded by Jabbour, to 'adopt the Park Commission's recommendation, eliminating the dock at Sandy Beach Swim Area permanently. Ayes 3, nays 1. Mayor Peterson voted nay. (#7A) PRESENTATION BY DNR AND LMCD REGARDING DNR PROPOSAL FOR PUBLIC ACCESS ON MAXWELL BAY Ctordon Kimball, Regional Trails and Waterways Supervisor for the DNR, was present. Kimball explained that based upon comments regarding the proposal, the DNR has developed an alternative to the proposal. He noted some of the comments included: the area would be a small access, haphazardly placed; traffic concerns on County Road 51; lake use - Maxwell Bay; and land use issues and the intent of the shoreland regulation standards. Kimball noted the current proposal calls for the following: 1. proceed with the purchase of the property; 2. Cooperative effort undertaken to address the land use issues. The DNR agrees to postpone development of the access until the feasibility of purchasing Gayle's Marina property and the property located between Gayle's and the property under option is evaluated and acted upon. If determined feasible, the DNR, LMCD and the City of Orono would join into an effort to obtain funding support for the proposal. 3. A task force consisting of representatives of all affected communities, the DNR, the LMCD, the LMLOA and other interested citizens be formed to implement the Lake Minnetonka access siting process as called for in the LMCD plan. Kimball pointed out the benefits of the proposal as follows: 1. joint effort; 2. allows a way to address all major issues; 3. may result in a high quality to serve several public purposes. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 13, 1992 DNR’S PROPOSAL FOR PUBLIC ACCESS ON MAXWELL BAY - CONT. Kimball noted the DNR would like to present this proposal at the meeting January 21st, and would like to have a response from the Council by then. e Kimball introduced Dennis Assussen, Director of Trails and Waterways Unit; and Martha Reger, West Area Supervisor of Trails and Waterways. Jim Grathwold, Director of the LMCD for Excelsior, noted the LMCD is responding as guickly as they can on this issue. He noted a committee met last Saturday to discuss the current proposal. The committee favored participation in the plan. Jabbour advised that he is owner of Tonka Bay Marina. Although there are two marinas that the LMCD/DNR are proposing to acquire, according to State Statutes provided by the City Attorney there is no conflict of interest; but that to avoid any possible accusation of conflict of interest, he would step aside during discussion of the sale of the marinas. He thanked the DNR for their reaction to issues raised regarding the proposed access. He stated he would like Orono to proceed in a pro-active position rather than reactive position. Callahan noted he in general agreed with Jabbour and noted that Items 2 and 3 addressed what the first proposal overlooked. He asked about the possibility of extending the purchase option until the feasibility study has been completed. Kimball noted that would have to be agreed upon by the seller. He stated the evaluation shows it would be a good public access. Callahan suggested that by dealing with Items 2 and 3 first and developing an overall plan, they may find the need to only acquire property extending from the corner of County Road 51 and Tonkawa Road only partially to the parcel in question. Kimball indicated that a bigger area of land would provide for greater compatibility with the land use of the area. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 13, 1992 DNR'S PROPOSAL FOR PUBLIC ACCESS ON MAXWELL BAY - CONT. Assussen indicated that if the land is purchasedone option is to not develop land, and possibly selling the land. Callahan suggested that if the money is not committed, the study will be broader in its overall consideration. Mayor Peterson questioned Kimball about Item #2 which potentially asks for monetary contributions from the City of Orono. Kimball noted that is up to the City to decide but the DNR felt it would make them real partners in the proposal. Sweatt questioned if the marinas are purchased and the docks axe removed, access to the lake is lost. Callahan advised that the purchase of the marinas was an idea that may have originated from discussions by Council with the DNR, regarding purchasing existing marinas to provide public access. Kimball stated that public dockage may be provided and is an option. Assussen noted the opportunity exists for collateral uses of the area such as chore fishing which would take away from boat traffic such as mentioned in the LMCD's plan. Callahan reiteiated that the city of Orono does not view the LMCD plan with complete approval. Norm Paurus, 2500 Casco Point Road, noted this is a step forward, but strongly believed that Item #3 should be viewed as first priority. He felt the purchase of the property should be deferred until the feasibility study is done. MINUTES OF THE REGULAR ORONO COUNCIL MEETINGHELD JANUARY 13, 1992 DNR'S PROPOSAL FOR PUBLIC ACCESS ON MAXWELL BAY Mark Breneman, General Manager of North Shore Drive Marina, emphasized that the property the DNR is considering for purchase has been for sale for many years. He felt that the DNR should start by purchasing Gayle's Marina and work eastward. He stated that once the property is purchased, it will not remain unoccupied for long. Don Germanson, President of the LMLOA, noted a favorable response for the current proposal. He reiterated that land use issues should be dealt with first, and suggested not purchasing the residential property at this time. JoEllen Hurr, LMCD Representative, noted she is concerned about the magnitude of the project and supported the idea of starting to purchase property from Gayle's Marina and working eastward. Castagna pointed out all property owners around the lake feel the parcel is a bad buy. He felt they should start development at the other end. Marge Oasch, 1030 Tonkawa Road, stated her main concern is water quality and boat density on Maxwell Bay. She felt these should be first considerations. Ken Zullo, 3160 North Shore Drive, felt the access to the property is extremely unsafe. Callahan commented that the propos-'l was just presented to the Council that evening, and they would need time to respond formally. Sweatt asked if the DNR had any plans to publicize the proposal. Mayor Peterson noted an article was in the Sun newspaper and also the Pioneer publishing a phone number to call for a copy of the proposal. Kimball noted his phone number is 772-7936, and those wishing a copy can call him. 13 MINUTES OP THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 13, 1992 DNR'S PROPOSAL FOR PUBLIC ACCESS ON MAXWELL BAY - CONT. Debbie Breneman noted she is concerned about fire and police protection. She noted in the past the DNR has had complaints regarding the dredging at Gayle's Marina and the close of Boy Scout Bridge. She stated the shoreline has seriously eroded. She indicated the highway department is very concerned about the traffic on County Road 51 and noted this is a high accident area. Paul Blomberg, 3180 North Shore Drive, noted the letter refers to the acquisition of Gayle's Marina and asked what other properties it would encompass. all and the Klnball reviewed the letter refers to Gayle s Marina anc* property between that and the residential property for sale. Deb Halverson asked if the DNF knows the value of that if they have the money to purchase the land and complete project. Assussen noted they do not have the money to fund such a project. (*#7) #1573 CAROL J. KELLY & JAMES MASSEY, 3020/3030 CASCO POINT ROAD - FINAL SUBDIVISION - RESOLUTION #3061 It was moved by Callahan, seconded by Butler, to adopt Resolution #3061 approving the plat of Kelly 2nd Addition, Appl .cation #1573. Ayes 4, nays 0. (#8) #1682 CHRISTINE BRICKLEY, 3262 NORTH SHORE DRIVE VARIANCE Christine Brickley was present for this application. Noorse explained this application is regarding a garage which was constructed without permits and was constructed within the Required setback area. Staff has discussed alternatives “i^h the applicant to bring the garage into partial or total conformance. Saffron suggested that Council determine which priority, either the setback issue or the overage or whether they are of equal priority, in deciding on the most appropriate option. MINUTES OP THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 13, 1992 ZONING PILE #1682 - CONT. Butler noted one option involves the removal of a deck and had no recollection of this being considered in the past. She noted the garage is the problem, not the deck and felt the major issue is the encroachment into the setback area. Oaffron stated that the garage can be cut off to meet the 10' setback, and the slab remaining can either be required to be removed or could remain. Butler indicated she would like the garage to meet tie setbacks and the slab could remain if unbuilt upon in the future. Jabbour concurred with Butler. Brickley indicated that she would like the Council to approve either Option 1 or 2. She indicated that if any other option were chosen, she would have to remove the garage untirely as she could not afford to fulfill the option requirements. Jabbour advised Brickley that they are already looking the other way on the issue of hardcover, which they rarely do. Mayor Peterson agreed with Butler's position. It was moved by Jabbour, seconded by Mayor Peterson, to direct staff to draft a resolution approving excessive hardcover for Application #1682, Christine Brickley of 3262 North Shore Drive, and directing applicant to move the west wall of the garage to conform with the required setback of 10* from the property line, which is outlined in Option 5, and to allow the excess slab to remain in place but never to be built upon. Ayes 4, nays 0. (§9) #1701 PHYLLIS B. SPRAGUB, 3340 NOKTM 8H0RB DRIVE - VARIAHCB Mrs. Sprague was not present for this application. Noorse explained the structure on property applicant wishes to use an accessory she has purchased for storage of her MINUTES OP THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 13, 1992 PILE #1702 - CONT. crafts. The City Attorney has deemed that the residential use cannot be continued as the property has not been used for residential use for a lono time, and the applicant would have to come in with a commercial site plan review in order to use the property as such. Habusth confirmed that applicant will submit a commercial site plan for review at the Planning Commission's February meeting. Jabbour suggested that staff inform applicant of the DNR's current proposal for the area. It was moved by Jabbour, seconded by Butler, to refer Application •1701 for Phyllis B. Sprague of 3340 North Shore Drive to the Planning comioiss^o*^ for a commercial site plan review. Ayes 4, nays 0. MAYOR/COUKCIL REPORT A. Mayor Peterson noted that the Highway 12 draft scoping document is to be delivered on Wednesday, January 15, 1992. B. Mayor Peterson reminded the Council of the Facilities Design Committee meeting on Tuesday, January 14, 1992. C. Oerhardson explained they now have a contract with the excavator for the new facilities. D. Butler advised that she could not be the Council representative to the March Planning Commission meeting. (•10) 1992 APPOINTMENTS - RESOLUTION #3062 It was moved by Callahan, seconded by Mayor Peterson, to adopt Resolution #3062 designating the annual appointments for 1992, and appointing J. Diann Goetten as acting mayor. Ayes 4, nays 0. Jabbour acknowledged that Callahan did a great job as acting mayor in the past. Mayor Peterson concurred with Jabbour. r MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 13, 1992 PAY REQUEST «2 HIGHWAY 12 FRONTAGE ROAD SEWER AND WATER It was moved by Callahan, seconded by Butler, to authorize Pay Request #2 to B & D Underground, Inc. in the amount of $60,189.54 for trunk Highway 12 frontage road sewer, water and street improvements. Ayes 4, nays 0. (»12) PAY REQUEST #3 HIGHWAY 12 FRONTAGE ROAD SEWER AND WATER It was moved by Butler, seconded by Jabbour, to authorize Pay Request #3 to B & D Underground, Inc. in the amount of $38,897.87 for trunk Highway 12 frontage road sewer, water and street improvements. Ayes 4, nays 0. Mayor Peterson asked if the price of the job will continue to go up. Cook explained this job did have an increase, but it was just one time. (•13) PAY REQUEST #3 & FINAL - LIFT STATION 11 RENOVATION It was moved by Butler, seconded by Mayor Peterson, to authorize Pay Request #3 as the final pay request to Northwest Mechanical and Page Electric in the amount of $2,400.00 for renovation of Lift Station #11. Ayes 4, nays 0. (••14) CONFIRM BOARD OF REVIEW DATE It was moved by Callahan, seconded by Butler, to confirm the 1992 Local Board of Review meeting for Wednesday, April 29, 1992 at 7:00 p.m. Ayes 4, nays 0. (••15) BIO AWARD - 1992 MATERIALS & EQUIPMENT It was moved by Callahan, seconded by Butler, to accept the bids for equipment and materials as presented for the calendar year 1992. Ayes 4, nays 0. 17 MINUTBS OF THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 13, 1992 (*#16) CERTIFICATE OP ACHIEVEMENT - FINANCIAL REPORTING It was moved by Callahan, seconded by Butler, that the Council conaratulate Finance Director Tom Kuehn and the financial staff for the City’s obtaining the G.F.O.A. certificate of Achievement for Excellence in Financial Reporting for the 1990 Comprehensive Annual Finance Report; and acknowledges the valuable assistance provided by the audit staff of Malloy, Karnowski and Company. Ayes 4, nays 0. (#17) 1992 RECYCLING BID AWARD Moorse explained oids were received for providing curbside recycling services for 1992 however the low bidder. Polka Dot jj0cycling, has gene out of business. He noted there was a rebiu, which resulted in E-Z Recycling as the low bidder. It was moved b/ Jabbour, seconded by Mayor Peterson, to direct staff to enter into an agreement with B-Z Recyclers of St. Paul to provide curbside recycling service to the City of Orono for r.n annual cost of $63,180 for 1992. Ayes 4, nays 0. (•#18) TAX FORFEIT PROPERTIES - RESOLUTION #3063 It was moved by Callahan, seconded by Butler, to adopt Resolution #3063 releasing tax forfeit land for private sale to adjacent owners. Ayes 4, nays 0. (••19) JOB EVALUATION UPDATE It was moved by Callahan, seconded by Butler, to approve Orono’s participation in the job evaluation project in an “ttempt to update the FOCUS system and to authorize the payment of $1,600.00 assessment amount. Ayes 4, nays 0. (#20) SCHEDULE COUNCIL WORK SESSION TO DISCUSS 1992 WORK PLAN Mayor Peterson set the work session the 1992 work plan as Thursday, tentatively. for the Council to discuss January 30, 1992 at 3:00 mam MINUTES OP THE REGULAR ORONO COUNCIL MEETING HELD JANUARY 13, 1992 (*•21) 1992 INSURANCE AWARD - WORKER COMPENSATION It was moved by Callahan, seconded by Butler, to award the City of Orono 1992 worker compensation insurance to the League of Minnesota Cities Insurance Trust in the amount of $46,872.00, effective January 1, 1992. Ayes 4, nays 0. ( #22) 1992 POLICE VEHICLE ACQUISITION It ^as moved by Callahan, seconded by Butler, to approve the purchase of the three squad cars as budgeted, with the bid award under Hennepin County Contract 2038A1R-232 to Superior Ford for the 1992 Ford Crown Victoria at a total purchase price of $38,256.00. The 1992 budget amount of $37,200.00 includes the estimated credit of $9,000.00 for the sale of three squads and the change-over costs. Ayes 4, nays 0. (*«23) LICENSES It was moved by Callahan, seconded by Butler licenses as follows: to approve the Commercial Kennel License: D. Brian/Cathy L. Fulmer, The Dog House Boarding Kennels, Inc. 3505 Wayzata Blvd. Residential Kennel Licenses: W. Hoyer & H. Zohara, 565 Hanlon Ave D. Brian/Cathy Fulmer, 3505 Wayzata Ivd Thomas/Ingrid Anderson, 3550 North Shore Lr Nancy Ritchie, 1075 Tonkawa Rd Frank A Sue Kokesh, 4100 Watertown Rd One-Day Liquor License & One-Day On Sale Non-Intoxicating Malt Liquors: Spring Hill Center Complex, 725 6th Ave N Ayes 4, nays 0. MINUTES OP THE REGULAR ORONO COnfICIL MEETING HELD JANUARY 13, 1992 (*#24) BILLS It was moved by Ca.'lahan, seconded by Butler, to approve payment of the All Funds Account. Ayes 4, nays 0. EXECUTIVE SESSION At 9:50 p.m.. City Attorney Barrett requested that Council adjourn to an Executive Session for the purpose of discussing pending litigation. AOJOURNHENT It was moved by Jabbour seconded by Butler, to adjourn the Regular Council meeting at 10:15 p.m. Ayes 4, nays 0. ATTEST Barbara A. Peterson, Mayor Dorothy M. Hallin, City Clerk To: Date: Mayor Peterson and Orono City Council Ron Moorse, City Administrator Michael P. Gaffron, Asst Planning & Zoning Administrator January 22, 1992 Subject: #1682 Christine Brickley, 3262 Nortli Shore Drive ^5^ Variance - Resolution <yjj ^ ^List of Exhibits ^ A - Notice of Council Action 1/16/92 B - Resolution On^0 '0 At your January 12 meeting, Council voted 4 to 0 to grant hardcover and lot coverage variances and deny a setback variance, per Option 5 of the January 7 memo. Council directed staff to draft a resolution reflecting that action. Such a resolution is attached. The resolution grants applicai-.t what amounts to a 4 month period in which to make the required changes to the structure. Staff Rerr—c ndation Staff recommends adoption of the attached resolution. Proposed Notion: Moved by ____, 2nd by____, to adopt Resolution #_____ granting after-the-fact hardcover and lot coverage variances and denying a setback variance for a garage constructed at 3262 North Shore Drive.____Ayes, _____ Nays. Isv APPLICATION NO. 1682 CITY OP ORONO P.O. Box 66 Crystal Bay, MN 473-7357 55323 NOTICE OP CODNCT Date of Notice: ACTION 01/16/92 TOi Christine Brickley 3262 North Shore Drive Wayzata, MN 55391 COPIES: TIPS OF APPLICATIONS Variance DATS OP MBBTINGS 01/13/92 VOTES 4 For 0 Against >t)l IHCIL ACTION - MOTIONS Council conceptually granted a hardcover variance and denied a setback variance per "Option 5" as indicated in the January 7, 1992 staff memo# and directed staff to draft the appropriate resolution for the January 27 Council meeting (meeting starts at 7:00 p.m.). Please contact City staff regarding how to proceed. If you desire certified copies of the official Council mlnutes» they are available from the City Clerk after review and approval by the City Council. Isv i * r A RBSOLOTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.03, SUBDIVISION 14 (C), AND 10.22, SUBDIVISION 2; AND DSIYING A VARIANCE TO SECTION 10.03, SUBDIVISION 15 (P) PILE #1682 tfHBREAS, Christine Brickley (hereinafter "the applicant") is owner of the property located at 3262 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for an after-the-fact variance to Municipal Zoning Code Section 10.03, Subdivision 15 (P) to allow a proposed detached garage of 672 s.f. to be constructed 3.3' from the west side lot line where a setback of 10' is normally required from a side lot line; and a variance to Section 10.03, Subdivision 14 (C) to allow lot coverage in excess of the 15% lot coverage normally allowed; and e variance to Section 10.22, Subdivision 2 to allow hardcover in the 75-250’ lakeshore setback zone in excess of the 25% hardcover normally allowed. WON, THEREPORE, BE IT RESOLVED by the City Council of Orono, Minnesota: PINDINGS 1. This application was reviewed as Zoning File #1682. 2. The property is located in the LR-lC-1, Single Family Lakeshore Residential Zoning District, requiring a minimum lot size of one-half acre. 3. The Orono Planning Comirlssion originally reviewed this application on September 16, 1991, at which time a 1,C5G s. f. garage was proposed to be located 3.3' from the west lot line and 2.5’ from the south lot line, such proposal requiring variancej to hardcover, lot coverage, and side and rear setbacks. The Planning Commission indicated to applicant the likelihood of a recommendation for denial, and tabled the request to allow the applicant to submit a revised plan. Page 1 of 9 Ill uu' i-as 4. On October 21, 1991 the Planning Commission reviewed a revised proposal for construction of a 24' x 32' (768 s.f.) garage located 3.3' from the west lot line and 10.5* from the south lot line, requiring side and rear setback variances, a lot coverage variance, and a hardcover variance. The Planning Commission voted 6 to 0 to recommend approval, based on the following findings: A. The proposed 768 s.f. detached garage replaces a pre-existing 480 s.f. garage, 200 s.f. barn, and 80 s.f. storage shed with a single structure of approximately the same square footage as the 3 pre-existing buildings. B. The pre-existing 75-250' hardcover was 50.6%. If an 8' X 32* portion of the concrete garage slab which was poured without prior approvals is removed, hardcover on the property would be reduced to 46.9% in the 75-250' zone. C. Lot coverage by structures would remain at the pre-existing level of 17.5%. The small lot size of 0.28 acre constitutes a hardship to the property. Consolidation of 3 storage buildings on the property into a single building will reduce the visual density and clutter in the neighborhood. D. Locating the garage 10.5' from the south lot line is justified from the standpoint that if the garage was 18 s.f. smaller, only a 10' setback would be required rather than 15' for any accecsory building of area 750-1000 s.f. The 3,3' setback from the west lot line ^s justified by the need to maintain the full 32' depth of the garage without encroaching on the loop driveway which serves the immediate neighborhood, 5. The revised garage proposal showed a roof peax running east/west, which would discharge stormwater run-off to applicant's yard rather than the neighboring property. Page 2 of 9 6. After the Planning Commission meeting, applicant proceeded to construct a garage without final Council approval or the necessary building permit. During that construction, the roof line was reversed so that run off will be directed towards the westerly neighboring property which is only 3* from the garage wal 1 and less than 2* from the roof overhang. 7. The garage as constructed is 21' x 32’, or 672 s.f. in footprint area, requiring 10' setbacks from both the south and west lot lines. The garage was constructed 14' from the south lot line and 3.3' from the west lot line. The site plan with the garage as constructed yields 75-250' hardcover of 50.6%, with lot coverage by structures of 16.7%. 8. The City Council reviewed the "as-built" site plan at the November 12, 1991 Council meeting, and voted 5 to 0 to table the request, directing applicant to meet with staff to consider other options. 9. At the January 13, 1992 Council meeting. Council reviewed a number of alternative proposals resulting in various degrees of variance to the performance standards of hardcover, lot coverage, and setback. On a vote of 4 to 0, Council conceptually granted a hardcover variance to allow 50.6% hardcover in the 75- 250' zone, 16.3% lot coverage by structures, and dt.iying the requested west side setback variance, based on the following findings: A. No suitable hardship is demonstrated for allowing the substandard side setback for this illegally constructed garage. B. If the west end of the garage is removed to the 10' setback line, the remaining 21' x 25 ’ garage results in a final lot coverage of 16.3%, a decrease of 1.2% from the pre-existing 17.5% lot coverage by structures. Page 3 of 9 C. Even if the portions of slab outside the footprint of the garage are allowed to remain, hardcover will still be at 50.6% in the 75-250' zone, no change from the pre-existing hardcover conditions on the property. D, Allowing the illegally constructed garage to remain at a location less than 10' from the west side lot line creates an unwarranted encroachment of open space enjoyed by the neighboring adjacent property, such open space being critical to maintain in this neighborhood of generally substandard sized lots. 10. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the variances on the health, safety and welfare of the community. 11. 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 property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AMD CONDITIONS Based upon the above findings, the Orono City Council hereby grants an after-the-fact variance to Municipal Zoning Code Section 10.22, Subdivision 2 to allow hardcover in the 75- 250' lakeshore setback zone to remain at 50.6% where only 25% hardcover is normally allowed; and grants an after-the-fact variance to Section 10.03, Subdivision 14 (C) to allow lot coverage of 16.3% where only 15% lot coverage is normally required; and denies an after-the-fact variance to Section 10.03, Subdivision J5 (F), hereby disallowing construction of the garage at a locatio. closer than the required 10' setback frcm the west side lot line, subject to the following conditions: Page 4 of 9 1. Hardcover in the 75-250' zone is approved at a level of 50.6%. All existing and proposed hardcover approved with this variance approval is recorded in the calculation worksheet and diagram enclosed with the resolution as Page 6. The current property owner and all future owners of the property are placed on notice that hardcover shall not be increased above the currently approved level, and any proposed improvements over the property that would result in additional hardcover in either the 0-75' or 75-250' zone must be approved by the City. Such -pproval may result in requirement for concurrent equivalent or greater removals of existing hardcover. Any existing hardcover not shown on the approved hardcover diagram and calculation worksheet shall be removed no later than June 1, 1992. 2. The garage shall be reconstructed to meet the required 10' west side setback. The west and south walls of said garage shall then be retrofitted with proper slab reinforcements subject to review and approval by the Building Inspector. Further, if the garage is reconstructed such that the roof ]ine continues to discharge in a westerly direction, applicant shall provide a roof gutter system to direct such drainage to the north of the garage, away from the remaining portions of slab adjacent to the west and south lot lines. 3. Prior to commencement of reconstruction or completion of the garage, applicant shall provide the building inspector with suitable construction plans conforming to the conditions of this resolution, and shall obtain the appropriate permit for such construction. In addition to the normal building permit fee, applicant shall pay the after-the-fact investigation fee for the building permit because construction was commenced prior to issuance of the building permit. 4, Applicant shall pay the after-the-fact investigation fee for the zoning application because construction was commenced without the proper variance approvals being obtained. Page 5 of 9 iv' yfV ft IC' Wm.si Q&.oo' _. _ ^^X/S77AJ^7^^»<&CO»/<J3C .“ m ^oorAOt^__ 0~~>S__vr-ZTTsl.. Tor*^ 4-.^T«»q^:___v' >*/o ’ S Z. 51 j| 34.I C. AjofK_____ Dlv__D cU1 ____/ftV 2o' ^ •_ St»#!_____3 x y. _Vo -______?q suo.yau. 3(»0_ — yc?. —?^- /^pP/ecvtSi i4/kizx> coM-e^ m 3LO c.H(gw<gy 2.JT r * Jf«21 w-H.4JL-^ M.V'Vl j____/SI______::_______/s „ _______ __________12.___________IZ.____ _____::_____/ort._____/os-x.____ _____1.____/Vz-g / y 2-®____ __ _ ‘^ !h Z-2. 0 ZDi^--3^77^1;- y£/'?sC—- r Siso rd,SC.8 ///h^coue«- TV SasAi l^jec*oVes::» P/^jSV'/OM^t.V ' 9.s' sl4«ii 2o * e^AcA^rtf' Jo ?f Zo /\p<’A’OcS^ /S P23UM TD P^e- MA^t>cD\/eV2- DF 5C, t- ‘^- * /s. Cr % TVt) Faqo C of '/ 5. Removal of the encroaching portions of the garar •> structure shall be completed no later than June 1, 1992. The proper permits as noted above shaJ1 be obtained by the applicant no later than June 1# 1992 or the continued existence of said garage shall be cont . 'ered as in violation of the conditi*^ns of this resolution. 6. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one yet^r of the date of Council approval, or this variance will expire on that date (January 27, 1993). 7. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 7 of 9 kL Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 27th day of January, 1992. ATTEST: Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OP MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of January 1992, by Barbara A. Peterson & Dorothy 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 8 of 9 To:Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Prom: Date: Subject! Ron Moorse, City Administrator Jeanne A. Mabusth» Building & Zoning Administf^t^y January 10, 1992 /Jjl /'f. ♦1705 Christopher Smith, 3650 Casco Avenue - Variance - Public Hearing ‘ t Pertinent Ordinance Section 10.22, Subd. 1 (B) - Entire residence structure shall be located in front of the average lakeshore setback line (review Exhibit H). List of Exhibits A - Application B - Neighbors* Acknowledgement Forms plus Approval Letters C - Property Owners' List D - Plat Map E - Certificate of Survey F - Hardcover Fact Sheets G - Building Elevations/Floor Plan H - Sketch of Average Lakeshore Setback Line Description of Request During the preparation for the filing of the building permit applicatio** it was determined that an average lakeshore setback variance would bo required. Because of the delays presented by the limited holiday meeting schedule, the applicant/owner made a fomal request of the Council that would allow staff to issue a foundation permit for the new construction. Applicant had already filed the variance application for the January meeting. Council denied the special request because of the issue of negative precedence setting and that the application would be scheduled for Council's action at their January 27th meeting involving merely a two week delay for owner. Review Exhibits C and H. Because of the configuration of the adjacent lots, an average lakeshore setback variance would be required for any plan to reconstruct a residence on the subject property and meet all other required setbacks. Please review Exhibits F and G. No other variances are required. Note that excessive hardcover within the 250-500* setback area already exists. The hardcover within the 0-75* zone is an existing sidewalk and stairs. No changes are proposed. Applicant should be advised that any plans to alter existing improvements within the 0-75' setback area will require a building permit end such Inprovenents will be limited to the approved standards for lakeshore access stairs. Zoning Filo 91705 January 10> 1992 Page 2 , ' Bdil^ehip Stateaent Please review Exhibit A. Applicant notes the following hardships : 1. Configuration of adjacent lots - lot to immediate south has a platted corridor and is classified as a riparian lot subject to average lakeshore setback standards. 2. If average lakeshore setback line standard was to be upheld, the lot would be technically unbuildable. 3. Proposed construction will have no impact on the viewing windows of the residence to the immediate south. 4* The adjacent neighbors have submitted letters approving the proposed construction. Please note in your approval recommendation to include the notice to the applicant concerning impro'>'ements within the 0-75' setback area and that such improvements require building permits from the City of Orono. Isv r Zoning File #1705 January 23# 1992 Page 3 CoBBenta and Planning Comission Recommendation PC members noted the unusual configuration of adjacent lot south and added that such a lot would never be platted zoning standard. Members also noted that the view windows of t hoSses Sn ?he adjacent lots would not be impacted by the proposed construction. The enclosed approval resolution has been drafted per the findings of the Planning Commission. A RBSOLDTION GRANTING A VARIANCE TO MDNICIPAL ZONING CODE SRmON 10.22, SUBDIVISION 1 (B) PILE 11705 IfHBRBAS, Christopher J. Smith (hereinafter "the applicant") is the owner of the property located at 3650 Casco Avenue within the City of Orono (hereinafter "City") and legally described as follows; Tract A, R.L.S. No. 114V, Hennepin County, Minnesota (hereinafter "the property"); and WHBRBAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to permit the construction of a new residence to be constructed in front of the average la)ceshore setbac)c line where no encroachment is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1, 2. This application was reviewed as Zoning File #1705. The property is located in the LR-IC Lakeshore Residential Zoning District requiring a 1/2 acre or 21,780 s.f. in area. The property consists of 38,060 s.f. or ,87 acres. 3.The Orono Planning Commission reviewed this application on January 21, 1992 and recommended approval of the proposed variance based upon the following findings: a)The lot to the immediate south has a platted corridor to the lakeshore at an approximate 50 foot width and is classified as a riparian lot subject to average lakeshore setback standards. b) If the average lakeshore setback line standard was to be upheld, the lot would be technically unbuildable. Page 1 of 5 liiiNijBiNiiiaii 4. 5. c)Proposed construction will have no impact on the viewing windows of the residences to the immediate south and north. d) The adjacent neighbors have submitted letters approving the proposed construction. 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 property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. The City Council has considered this application including the findings and recommendations of the Planning Commission# reports by City staff# comments by the applicant and the effect of the proposed variance on the health# safety and welfare of the community. COaCLOSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings# the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22# Subdivision 1 (B) to permit the construction of principal structure located in front of the average lakeshore setback line where no encroachment is allowed, subject to the following conditions: 1.Applicant is advised that structural repair of the existing improvements within the 0-75' setback area require building permits from the City of Orono. All repairs or proposed additions to existing Improvements within the lakeshore protected area shall be subject to current zoning standards. Page 2 of 5 ............................■■ r 2.Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (January 27, 1993). 3.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4.The undersigned applicant has read, understood and hereby agrees to the terms of this resolution 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. Adopted by the Orono City Council on this 27th day of January 1992. ATTEST: Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 3 of 5 k ‘HP STATE OP MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of January, 1992, by Barbara A. Peterson & Dorothy M. Ha 11 in, Mayor ( City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public S'. Page 4 of 5 STATE OP MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) On this _ _ _ _ _ _ _ _ _ _ _ day of __ _ _ _ _ ___ _ _ _ _ _ _ _r ^^?t“ ^•fore me a Notary Public within and for said county, personally appeared kno%nn to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC my commission expires STATE OP MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of 199 before me a Notary Public within and for said County, personally appeared kno%^ to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC my CO. Ml SS - ON EXP I RES Page 5 of 5 -Hri I iiiiSiiViiAfii NOV—1*-»1 TU* 1*:9 C M tJ I- T u '9 « CIW OF ORONO - variance APPLICATION initial Application g t ^ ($50.2C par each additional variance) // Renewal Variance Pee $100.00 (no change fro® original application) After-the-ract Feea (Double PSOFERTY LOCATIOM R .i3tmnmN(H:m.0Q A • e ; • - -s • ; J r '4.J €j r \.r‘k Ti fTC n,y *. C . iT T u*. Tu ^ *"V / “.*'V T/ir* < 1 /C X X ' w U/ . Site Address. prooartv Identification Number (P.I.D.) ^ Attach legal description to application If n«^t included on required survey. APPtXCAHT (fame Q.^x-^vVa^Vj-r' «i » Phone Phonal (horn#)_ Phone (work) ^^ ^ 2iP! S7ri43^ (home) *’^*7C-ll>2^ t^one (wor)<)_179rAliQ_ Name AMi.ss. ■ City-^ Date Property Acquired ^^^- notpalso own the adjacent parcels of land. (reonth/year> I (do) pmSSMT OSB OP FROPERTT Present Zoning District LK- I C._ Present Use of Property _j^esidentia^ Other DB8CRJFTI0N OP HKQCVB8T Deecrlbe request in detsilt f specify] Estimated Coftetructlon Cost CM<4C- VAKIAIiCES RBQOIMB) _____ tot Area Setback variances ( Lot Width front Hardcover Side Rear) Other fr.y/3| :5er NOU 10 *9! 15:20 f • ^ 6127954156 p4sE.235 NOV— &8 — 91 TUE 16:S C H M 1-.T I E S -R■ < » _».V ^r - ””®S««it» undu* hardship or practical ditfic *"^ uw^v ^ '^-^ uve^y .^jhr^ ■ ^ i-niniTTirF "“"SSSMbfu^ual property conditi^a pre^n r“: P,cuira..nt.._i:ip^ HMQ0XJUSO SOBMITTAI.S 1. Compl«t«d Application Form 2 4AmA Proc^^rtv Own^M ^ 1^9^ T <><g. isultinq front strict ^\. ^Vv»ry.o<^U g.¥\Wi \a«-WC_ ^Ao ------- ulty resulting rrcnt^stricw {■ LA »<-■» W.'* cinq conpllance with Son iiw . rC -Hiv^ . ! ; ^ . a. - r 2/ a. 1^1^^■.TAr.ar^ access(of- T^vT^v-ti}?^'«.V-t “tb H4- U>isV UV. 3. 4. s. e. 7. • a Tek^-r'-i 'Au>o—s«- o^-r ^i:;a ~ s±.‘~““ ~“"this list fro- Bannapln County Dapartma ^ m1;*V.V ^obtalnad with proporty ov,^ .urvoyor) to include i:‘r.:uir\^d',provife on. (1. copy SS-xn- ^»r Ht ^^^Jlr’a-urvay (axl.tinp c^pr 6k.tchea or pl.n. of floor • V,*? ii«s« aUac”a a.parate list of Vn/UllXTao^n*. «\‘7h“»VtVf “d Vf*‘mra‘pplicatio‘’«. •■?>!.?‘*'?f.‘?f!fl! .]; -.» b. requested by ciiy etaff.•ny Qtnwi ^4.ow- Additional it«na as may b« Tba Applicant and Proparty Owner -uat sign that yqnr gfH^^Ueatio. 1 ^^ ia£ag—haa nofe b—O includmda. Xr*Wlican\®**h^ irinUtrato*'/^ agreea^ tt pay" addit7oVar fees'(itaf f raqumstmd by ... payment) jnd/or consultant •’»?•«*«* to provide al 12*. covared by original f.a payasnt, l»o»,r«l in review this application. plaasfi complete IF the aboy^ information required or A - a • d^ ^ ^ ^ R R , —------------- nd/or consultant expanaes that the Information rpulS - rr:r:»rc:^^^t*^.* «. -owUdge. Applicdpt's signature tS 81GNATORB The ownir hereby ackowledget agrees to tt Date t( ^ /9 ••^/. is application and further ..tborl... r...on.bl. *»?•f«nt«r Commission membera» and Council tloA and verificationtlon and verification S Ownar's Signature - 0 Data JiJlloant meat hava •11 atVhe^’ld^on the [rooDCil. If •« applicant Is p^nnlM Co.«ia,lon Neatlng. Vapr.a.at «t all acbaduledthird Monday of each month. Applicamta b«»^ r .r__-- i. review peetlnga of tha PlaaBing Co^telo® “ arrangements to have an NOU 18 *91 15:20 OiljXcO^ \c^. 6l27a5<ilS5 =>£>3E.007 ll • f * it* i"'if *•• ;• »*t « • • * I i;} i.'i •• :.f • •, ilj • I • t • i« • j {.»• , • * I OtOf\6 0.^^ <L^ • * . •« I • • #^e. , I C2^4C» p. ou^ nal^ .f n^tV\ ^-cT-Cci cvT^ Ke>(XA4« I I .< V» • • # • I:i tJL 1oca.4*c^ P\ WmJUV dn ^e^rccJi V^j4l^ It CL lc < gUoct/*^ looV*^ ^4- -^uer/-^ 4_..^ <l»iU5A.\Nao ogcTAcjt, ^cl-Utk a'h SCrXb dUscd *4v£/?4tc^ »H <?ijy'w.A/«nS /bnic^ uf>o/) ♦ J* • • • •••« ljl • • • f. , :il }i'2O0*3e^d g:« • «> •Sa33I'ia« lN3'-dlS2^SI U0H3 St :<;i IG. 0? riON 1 (W* A««c»nfc Property Cwners ■I e> Iprint nnm«<l)] h«v« rtrltwfd thm pl»a» tha propos propasty Iccatad at ^jp^l ApplleatloA Ko. - -» r/^ rJ^sco. X (wa> uatfapatand that In axacuting thia (art) aiAad to daalara approval o but oasaly to confin for tha City c tha loprovaaaot plana and that tha rtqtlria ceuaoil Mproval. Ae?<no«rXfd^asant Torsi print adisaaaj (d l»prov »:nant or propcaed usa or thes^.c.« 'ro refarred to aa Land Uae aeJcnowladganant, l (we) a.-n disapproval of tha property or use ptncil that I (wa) am (ara) aware of propocad neighbor's project or use 1 twa) (print nana(a)] have raviawad tho plana for tha propoa kI ijRprofaaent or proposed use of the _ _ __ <_‘a'lao referred to aa tend -seproperty located at Application Mo. , -» 1 (wo) uadaratand that in axacvtin^ thin acJtnowledgersent, r (w«) anc ,r/f fe tho Ivptovomtat plana and that the prcpoaaf aalghbor s prci^et o. use raquirat Caunell approval. troporty Owner froparty Owner Pata li yott havo any infomation that nay aa^La tbio ftaad Oao Application# ploaao aul ait yoin ioainf Office at loaat 10 daya prior t NOU 18*11 tsiga t tho city in the review of aomaanta to tha Bulldini < the a< hedulad saati^gr date. * 6ig?a««it6 »eat.ai4 I A • * 4 eoe * aodd J N3„'iS I Sl-'SI IS. ?? ' I'n » *1 - . I V » ^ > J —13 L> i—~ •—' 20 November 1991 WV 2 2 1991 Mr. Mike Gaffron Assistant Zoning Administrator City of Orono Box 66 Crystal Bay Road Orono, Minnesota S5323 Re: Variance for Building Permit for Christopher and Mary Smith at 3650 Casco Avenue Dear Sirs: Wc are the owners of the property at 3630 Casco Avenue, the property adjacent to the referenced property on the south and west sides. We have reviewed the proposed location of the house to be built on this site. The house is proposed to be located approximately twenty feet from the north property line (aligning with the north wall of the existing house) and a minimum of twenty-two feet from the southwest property l«ne. This location is five to six feet northeast of the location originally shown on the site plan. A sketch of the proposed location is enclosed. We feel that this proposed location will not adversely affect our property or views of Lake Minnetonka, and that it will minimize damage to the large trees existing on the site. We have no objection to this location. We encourage you to grant an average lake setback variance to the Smiths for the house at this location and allow them to proceed immediately with construction. Building during the winter months will lessen the impact of construction on the trees. Sincerely, Peter Gianunder •>hhiDate pmg5m.ct Date;; V / ‘''t I cc: Christopher J. Smith t V —• A ^* ' ♦ t rvncrs' Ac!<nowti«. • r:^0!;‘. Form Adjacent Propatt/ - _ _ _____ I (■-> -■[print namelt)I \ prir.*- address [print nam«v..i V Vh#. cro-'TS'^d iniorovr' e; t cr pror sea - hav. r.vla;«d the ai :tCtr -. to . , lar.d t.e property Ic^ ^ Application Nc. _, ^ w ^ * - •——— j V- jit ir executing this|?ckn I (we, • val cr diaapcrt .-al O'i :^- :it, I am tval o£ f p.tfer-./ cc use *-t I (WC. (are) aware of I (we; understand t;.ao disapcr 1 K a«leed to declare approua - j (ye, ‘t, tatei awo.^ -- b“%.relu to conilrm for^the^^^^ project =r use j:jol^?.Tou'n ”li"l /pUval. Cate I y\A<^-% Propert^'t^^^ I <wa) (print naxne(s)l [print address ] y ^ fc «k sa *- - ^ ieonra^retent or proposed use of the have reviewed the plans for the propose “• referred tc as Land Us^' « . _ ^ ^ ^ J 9 ^ _ _ _ _ _ _.... ■■! *■-'property located at Application Mo I (we) understand that in ,,„,Ut..Kedt»r^roV?hrcYtycUoVq^^^ ^*«>- but Mrely ‘® ,„d Jhat the propose! B«-7hbor's projec. - the improvement plan ana re<iuirea Coun-ril approval. ^ - i » / ✓. -*• < e- ■ •/l' j. Date P^-operty Owner property~^oer Cfate I* you have any "ShooYenVs'ti ”thY*0undY«Y^ Un*l ‘»ro«“« K.'V»"i.yi prior to the eoheduled ...tin, date. I NOU 18 *9! IS;24 J i C t 91 ^ Q 3 : . 3 1 4 y ■ -**.• * M ; ■M BATI li/2S/n ... i MTCN 001 ^ r ■ t *, * i i t'i T ‘ A T^: i' •» 1 ■ it « f '‘-Vi »! W* ri »• * V * t O^ ' • i »■ ; <1 r'i *v r o 1 ‘.|.i ' «•. * <i .v' . } • / i '■ "I'ijVV ■ ' . '.‘.f V* ^ ^ k i. -I'l, * V ., W:.’ *. l.'r ‘ki\- ^ 5 i ; HEMCPIN COUNTY POflPEKTY INFOmUTION SYSTEH PROPERTY GMCRS LIST * -■'. *•':■. ■■^- :• .;•> - • }.■ . ‘r*. --•>'. ■, i- ■ ■ it ■REPORT NO. PW10401V ii-V PA6E t ’M it'.:' .(•.-« f I ‘ . V 'S : • t ^ • l^• • *'. ■ ^iLi*;rr.'’ ... Q••V -R'.; i 1 CERTIfY THAT THE FACTS AEPtESENTED ARE AN ACCUtATE AND DEPRESEN1ATI0N OF INFORMATION AS IT APPEARS TNIS DATE ON li? MCOROS OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAXATlONo TO THE REST OF NY KNQNLE06E AND BELIEF DATE OT ; . <1 -. 1 .v|' MM OATI U/tC/91 Si tATCM Ml ;»■*»A r’ ^i:j§?MMW KMC (.TMMAVM NAM/MMM 1. \y I : PMP AOM *'V | OMCi NAN i ‘•.'• ^■ TAMPAVIA Vi •» \ *1 Vr • mm/mm %•.. V'' -(}■.'.•/ i 'f, ■y :i'' TANMVEA NAM/AMR !"■*< I . V c> »il ’___ ___OHNill NAM V-' TAXRAYIR '' mm/i ♦ ! • * ■ 1 Vir"' }' f.. |l . TAXRAVfR MEM«PIN COUNTY PROPERTY INFORHATION SYSTEM* PROPERTY ONRRS LIST IS t0-117-» SI 0002 OMSA ADDRESS UNASSICNED ROY SCHRADER ETAL ROY P' .m4)ER S7T vASCO AVE Nk ^ATA HN BSS91 SO 20-117-2S 51 0021 OMSD ADDRESS UNASSXGNEO STATS LAND DEPT CITY or ORONO PARK 0/lS/7f ST DEED 1547SA SO 20-117-2S 51 OOSl 02n« CASCO POINT RD 0 A H PRICE DAVID N A NARY J PRICE 2910 CASCO POINT RO NAYZATA M4 S5S91 SO 2D-1I7-2S SI 0001 OSOSO U >.0 AVE P ORAPfUNwER A K ORAfrUNOER PETER A KERRY 6RAFFUNDER SOSO CASCO AV NAYZATA m SSS91 iU ' I 'I l| _______ 5 ^ NANI/ADDS i ±V t' •' so 20-117*2S SI 0002 02700 CAROLINE AVE D r RETCHER ADA KETCHES DONALD r KETCHER 2700 CAROLSNE AVE NAYZATA HN S5591 m,{ *• If?;-:*. so 20-117-25 51 0000 05705 CASCO AVE CARLOTTA F CABLES CARLOHA F CABLES 5705 CASCO AVE NAYZATA HN SS591 58 20-117-25 51 0027 0005B ADDRESS UNASSICNED STATE LAND DEPT CITY OF ORONO PARK 0/15/79 ST DEED 1S0750 50 20-117-25 51 >1059 05700 CASCO AVE ROY SCHRADER ETAL ROY SCHRADER 5700 CASCO AVE NAYZATA HN S5591 5B 20-117-25 51 0002 05000 CASCO AVE RICHARD J HAEFELE A HliE RICHARD HAEFELE 5000 CASCO AVENUE NAYZATA N4 5S591 TOTAL BATCH 001 00015 REPORT NO. PMSS491 PAGE 1 ; M 120-117-23 ?1 0005 03709 CASCO AVE ROBERT PRESLER ROBERT PRESIER 3709 CASCO AVE NAYZATA MN 55391 - y ► J 58 20-117-25 51 0050 02«1B CASCO POINT RO RAYNONO J FRAMENFIELD RAYNONO J FRAM(ENFIELO 2918 CASCO POINT ROAD NAVARRE M4 &5591 58 20-117-25 51 0000 05700 CASCO AVE J N OONGOSKE/P A DONOOSKE JANES N A PATRICIA DONOOSKE 5700 CASCO AVE NAYZATA HN 55591 58 20-117-25 51 OOOS 05050 CASCO AVE CHRISTOPHER J SMITH ET AL CHRISTOPHER J SMITH 5050 CASCO AVE NAYZATA hOi 55591 r>. i'f- >! . f : i V A • I 21.MM /• /r// HARDCOVER .calculation WORKSHEET SETBACK ZONE: (CIRCLE ONE) 75-21 Existing H ardcover in Zone 250-500' 5CQ-100Q' A.House ' * . X S.F. LENGTH « WIDTH Xr s S.F. # • . Xf ____ _ _ S.F.• • • • •• _ _ X>s C.F . • Xt •• . S.F. a. Garage x r S.F. m . . c. D riveway x •( •.. S.F. .* X1 • S.F. •• • n. Sidewalk ‘ x •s 2 95 S.F. WM/ . X1 S.F. • X S.F. E.*ATIO/D eck X =S .S.F. • • • F.Landscape x • ___ S.F. AREAS UNDERLAIN ■Y • . X • S.F. PLASTIC SHEETING X • . S.F. ■.................- • X _S.F. G. ( • )theh_____________ X S.F. • ♦ TnYAi UAonrovPQ TN /nNP -S.F. • Total Property A rea m 295 4- IN Zone [7] »S.F. X 100 - 1.97 • ’• • / - .-b B / « . .• •• 'mT r 0 '*• •■hardcover .calculation worksh eetSETBACK zone; (CIRCLE ONE) 0-75' (^5-250^ 2 Existing Hardcover in Zone A. ■ House ^_ X LENGTH WIHTH B. Garage c. Driveway 0.. Sidewalk _x e%tmu<r w lak£ jnttAj £.Patio/Deck p.Landscape ac/ cr^.o^^ x AREAS UNDERLAIN BY I_ _ _ _ _ _ _ _- X PLASTIC ' SHEETING _ _ _ _ _ __ ^ • • • • G. Other Total Hardcover in Zone Total PAOftRTY Ar»a in Zomr •:0-500' 500-1000' Z9 € O S.F. « • • • •S.F. S.F. • S.F.A 1 32 0 S.F. ' V # 9 ' •!• • i. F. % 9 3020 S.F. • S.F. /3±S.F. / 32 S.F. m • S.F. • # \ 1 i 27^S.F. •S.F. • S.F. • S.F. • S.F. S.F. S.F.A •Xj gfVf 4-ITI X ion - 27.7^<» i.t. 2V.70 s % ----- -- 1 Cf4£fS S/h/THHARDCOVER CALCULATION WORKSHEET ^- - -SETBACK zone: (CIRCLE one) 0-75' 75-250' (^0-5^ 500-1000'Existing Hardcover in Zone_ _ 0 ^ a ^ ^ ^ w ^ ^^ V ~ SIFIA. ■ House LENGTH WIDTH S.F.— X S.F. B. Garage • • • • • c. Driveway _ _X r .V . X _ S.F. S.F. S.F. ’tr » -:vI /SSO S.F. - \ I ft D.. Sidewalk _ E. Patio/ Deck F.Landscape AREAS UNDERLAIN BY . . PLASTIC SHEETING •_ _ X > _ X _ X S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. / V. \A TOSProasDatesSubjects Chairman Kelley and Planning Commission Members Mayor Peterson and City Council Ron Moorse, City AdministratorJeanne A. Mabusth, Building & Zoning AdministTuU^ January 13, 1992#1707 Jack F. Rhode, 1690 Shadywood Road - Renewal Variance - Public HearingList of BahibltsA - Application B - Plat Map C - Property Owners List D - Planning Commission Minutes 1/22/91 B - Council Minutes 1/26/91 P - Resolution #2921 Ap 'oving Application #1614 G - Partial Packet Application #1381 Review of Current Request Nr. Rhode has applied for a third renewal variance; the original variance application was approved in 1989 (File #1381). The applicant proposes no change from the original application. Resolution #2921 expires January 28, 1992. Briefly, the application involves the construction of a new residence using the foundation of the former residence. The existing principal structure is located 55* from the lakeshore. The new principal structure shall be 61* resulting from the removal of grade level cement understructure. The improvement does involve expansion of the building envelope approximately 15* northward within the 75' setback area .suiting in 177 s.f. of new principal structure or hardcover and 35 s.f. of upper balcony area* With concurrent removals of existing hardcover, there is an overall reduction within the 0-75' setback area of 114 s.f. or 1.9%. Hardcover within the 75-250' setback area is p>roposed at 24.85% (increase from 2,290 s.f. or 19.7%). For more detailed information on the original review, please review Exhibit G, the partial packet prepared for the first renewal variance in 1969. Both the staff memo for Application #1361 in Exhibit G and the approval resolution. Exhibit P, lists the required variances for the current application. The resolution sites the necessary findings and conditions for apprrval. Zoning File #1707 January 24, 1992 Page 2Additional rrmnt n and Planning Connisalon RecoasiendatlonBl^nnlng Commission members advised applicant of the new ahoreaand regulations to be in effect within the next year. Members cautioned applicant that if there is to be another renewal variance application that new restrictive ordinances will be in effect and may impact current comprehensive improvement of property as currently proposed.Chairman Kelly also wanted applicant to be readvised that if existing foundation is found to be inadequate for second story construction, applicant will be expected to meet all standards of the current code or reapply for a new variance application. The enclosed approval resolution has been drafted per the Planning Commission's unanimous recommendation of approval. Isv k- • w ® • j 'iTiTii >^»A X*:#:* frarr.T." fT75T7!v»*j [•wmmrni % 4f 111 Mil fc M I r^ratiM • KPC« n • •I75TTTV r«N«] 0 4*i*I*l 4-i* • tfl«i 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (January 27, 1993). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 27th day of January, 1992. ATTEii I > Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA ) ) SB. COUNTY OP HENNEPIN ) The foregoing irstrument was acknowledged before me on this 27th day of January 1992, by Barbara A. Peterson & 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 4 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of 199 before me a Notary Public within and for said county/ personally appeared_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ^_ _ _ _ _ _ _ _ _ _ _ __ . known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. L,;' S' STATE OP MINNESOTA ) )ss. COUNTY OF HENNEPIN ) Notary Public On this _ _ _ _ _ _ _ _ _ day of _ _ _ _ _ _ _ _ _ _ _» i99 before me a Notary Public within and for said county,personally appeared kno«m to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 5 mmu * CITY OP OP.ONO - VARIANCE APPLICATION / i* 1 / Y_ ,V Initial Application Fee $175.00 ,JiL. vj ($50.00 par each additional variance] Renewal Variance Fee $100.00 (no change from original application) After“the—Fact Fees (Double application fee) PROPERTY LOCATION Site Address rrrv nr r,zcrrfr Aifr>Muk- k/« I ^ L. f TC*/'i i w'h/VlUVVWW n < rrv rucri'L, t ri.ui\f u f n n An A V V • V'V j w* A'£l£J,''T-?.V4,v,V yit' if’TliiA 0,-j 7*^;^rr^Ja’Tu/v cwvi mva ia*/*cf - /•7/5a te / I / / Property Identification Number (P.T.D.) Attach legal description to application if net included on required survey. \/ou^_ _ _ _ _ APPLICANT Name Address CT acj ^ ^ ^A/OZ^ ■ .?/S^city\ zip; S^S^/ Phene (home} ^7/ “7/ Phone (work) ONIIER (if different than applicant)Phone (home) Name Phone (work) Address:Ci tv:Zip; Date Property Acquired 0 *7 (menth/year) I (do) not^a 1 sc own the adjacent parcels of land. PRESENT USE OF PROPERTY //^ Present Zoning District ^— Present Use of Property c;;Resl]dentia^ Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $ Describe request in detail: ________________ TARXAHCBS REQUIRED Lot Area Setback Variances ( Lot Width Front Hardcover Side Rear) Other HARDSHIP Describe undue hardship or practic enforcement of zoning regulations: 3 ^ ^ifficulty resulting from strict DESCRIPTION OP UNUSUAL PROPERTY CONDITIONS Describe unusual property conditions p Code Requirements: venting ccnpliance with ^oning REQUIRED SUBMITTALS 348-3271). 2. 3. 4. Plat Map (obtained with property owners list) S. €. 7. certificate of survey (signed by a licensed e^•xU°^for hardcover calculations as required (provide one (1) copy 8. xll Topographirlurvey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8 xll ). Sketches or plans of floor & elevation views (provide 1 copy 8 x.l )- addendum to this application, please attach a separate list ofAs an 8. any other persons you wish notified of this application. Additional items as may be requested by City stafr. The Applicant and Property Owner must sign this application remember that your variance aoolication is not complete if Please the cLbove has not been included ^ JSe ^E^iLn thereby agrees to provide all information required or reauested by the Zoning Administratoi , agrees to pay aaaitional fees (staff not covered by original fee payment) and/or consultant expenses Incurred irreview of this" application, and certifies that the rnfor^atron supplied is true and s.orrect to the best of his/her knowledge. Applicant's SI6MAT0RB ?!!r^nVrTeVeby ackowledges and agrees to this authorizes reasonable entry onto tiie property by City staff, . agents. Commission members, and Council members for purposes of invcs.^ga tion and verification of this request. owner •« ------- ______---------------------------------- Applicant must have all submittals into the City offices 25 Hanning ComnJssion Meeting. Planning Comaission Tonday of each month. Applicant, -u.t b«_Pr«.nt^.t^aH revxew meetings of the Planning Commission and Council k-v,. an unable to attwd a scheduled meeting, please make ^SSorized agent attend in your place and to advise the Building s zoning Office of this change prior to the meeting. ll <JI r tl‘«f ^1 9^ r$ . . 99 ‘ 1 —J *^Lij 0 UJ 1 ^mm3 <c^ i 5-" tumJ•'* ( L '' *'•“ :; # • ir r. ».n :l - A v> /ri * H *■''% V > *‘- 'x •*V < . *£• ^• -. *H. oNl^ r li HUH DATE i1/10/86 BATCH 002 PPOP ADDR OHNER »(AHC TAXPATtR HAHC/ADOR PROP ADDR OtRtER HAME TAXPAYER NAHE/ADUR PROP ADDR BNIIER HAHE TAXPAYER MAME/AOUR Se 17-117-23 21 000'’» 01675 SHADTUOOO RD RICKARD 0 HORUH I UIFE RICKARD MORUM 1675 SHADYliOOO ROAD MAYZATA S5391 36 17-117-23 21 0015 01670 SKADYKOOD RD THOMAS R SAREMPA ETAL THOMAS R SAREMPA 1670 SKAOYMOOD ROAM MAYZATA MM 55391 38 17-117-23 21 0018 01710 SHAUYUOOO RU HARRY L MEYER ETAL DAIE C PALM 1710 SHAOYUQOD RD MAYZATA MN 55391 HEMMEPIH COUMTY PROPERTY IMfORMAIIOM 5Y51EM PROPER IY OUMERS LIST 36 17-117-23 21 0005 01719 EAGERMESS POIMT RO LMJnCTM E OARLIMO LAUREEM E DARLIMG 1719 EAGERMESS POIMT RO OROMO MM 55391 30 17-117-23 21 0016 01660 SHAOtHOGO RD JOMM G DOLEMAM EIAL JOIIM G OOLEMAM 1600 SIIADMIOOU ROAD MAYZATA MM 55371 30 17-117-23 21 0019 01720 SHAOIUOOO RD H I J KEEME MILLIAM M A JAMICE 11 KECME 1720 SIIADIWOCO RO OROMO MK 55391 REPORT NO. P1435601 PAGE 4 30 17-117-23 21 0014 01650 SHAOTHOOD RD K H POELOrS ETAL K M ROELOTS 1650 SMAOYHOOO RD UAYZAIA MM 55391 30 17-117-23 21 0017 01690 SMAOlWOOO RO JACK F :: <OOE JACK F RHODE 3155 MORTH SHORE OP MAYZATA TUI 55391 TOTAL DATCH 002 00006 I CERTIFY THAT THE EACtS REPRESEIMEO ARE AM ACCURATE AIK) TRUE REPREGTMTATIOM OE IMEORMATIOM AS IT APPEARS THIS DATE OM THE RECORDS or THE HUKIEPIM COUMIY OtPARIMEMT OF PROPERTY TAXATIOM* TO THE BEST OF Ml KMOWLTDGE AMU DELlt /DATE I AAf tv_^ ^ * "'mMi ‘ f**: f i # # «*“y * V't * ^» * • . I Vc- ' .. .V' v. ♦Aft ' U '•> V • *■• V.,’ V.- ' . l>L ' \ ^ ^*t>J .-. v - .‘rr,y-j » . .<•• ,',-<‘.'*vl ■ - / wf • dei a synopsis of tn- iss’jes involve" w-n .kV, lot form in her January 14, -Site septic Svaluamr nai confimVo J -n o .ne nound system to provide c*nar-,\. OaONO PL<\MNIMG CCMMI30I0N MRETING JANUARY 22, 199i •16L3 JENSEN HOMES, INC. 315 TOKAWA ROAD CONDITIONAL USE PEAMIT • -I'-'n Jonsen was present. Kelley opened Public -. V •• Staff to make a brief presenta-ion ’ ' o»«eel , •’'. wV^ ,:<dJ Xabusth provided application, as sot stated tnat the On-s^u-j seotic -va’ •a — - - - - •'• possible to add on to the mound s/s-*; - sever bedrooms. '"Me-e *s s' sn ~~ capacity for provide an alternate site witn ecua!':.;:;?!?;. -vailaole to exit, w-.n !!«x;Vn ’Jl'Ax “d’'apIryrin-!’a-' c.- ‘Vr’secondary egress. ^ -‘■•e. an. windows provide There were no cc.T.ments from tn« „ , . Pub.i. Hearing at ?:3C p.n. ' f^e-.ey c-csed the -Jsa .nerr-.it would-be f”'.>d thV chain’of't!ri^ Ib was moved by Bellows v - »a +•*nu'w approval of the Conditional Use Perm/- :4j£ apartr-ent, baeed on the findines -na- !► T ‘ the rr.ocnd syste*^ to acocmr'nHii^* ^poillbl® to oxpend 'ri? Nays-n, .Notion passed #1614 jack Il.n00E 1690 S/lAOrwOCO ROAD renewal VARIANCE -%A m. ^ ;«r^c7 .'- . • /v ' •' ’. A.-"’'r m •■■' V ^ . •, A'*-/;. ■ ■ • . . . ‘ “ • - : ■ ■ ••■i'-^r -r>:r p^ Mr. pn^e was pra.ent.^ ^ Kelley?op#ned the PubUc^HMV’in; i- 7,56 comments from the oublie rmamw^MimZ l,^. '*** were ao ’ the Public Hearing at 7i57 plm, ^ "**^^*^ •'"* Kelley closed ',"' . • m* I fllOVe^ hv ^ approval of ^ooi. to recommend ^3-J50. setback srea. - 13 - »• '4 , r» , I • •• ’'‘ :S • •' * • ••■- ^ ^ ^ . , m ■ • s 0 ■'■ •' 4 Ajr'»»». */»x Ai» V ' ' t VmJ?'• r 1 .» , *'• ■ I •** ■ ■ ■■' , , ’ lea' *.—■' V H»r r r - h *. V ^ • V4'4** ' ''V ♦* ^ '0« '■- •' # r* • r*, ^ _ ■' e •?<* * ^ ^ L ORONO COUNCIL MEETING HELD JANUARY 28, 1991 told that Tad Jude. Gen Olson, SmTth'^and ither elected officials will be present.' Steve ZONING ADMINISTRATOR'S REPORT: ^#1614 JACK RHODEt 1690 SHADYWOOD ROAD RENEWAL VARIANCE RESOLUTION #2921* ^oetten seconded by Callahan, to adopt . ,'^r%292f drafting renL.ll of hardcover Variances in VesoVution‘V276"9. Motion, Ayes-., Nays-C. Motion passed. MAYOR/COUNCIL REPORT PARK COMMISSION APPLICATIONS wished to interview the P„R \-rL^^°nerr\LLt=^arr^retlpP^LLr^^ PUnt. Susan Wilson / and Jin' Gilbert. fht"hdre is no ntred to interview the personLLrrLtirLLing. only the new applicants. TaHhonr asked if it may be appropriate for Council to have a copy ofattLdance records Len considering the re-appoihtme.nt of individuals . council agreed that would be helpful. /.f that would app% to the Planning Commission as well Commission. OTHER a. s 4- roTie to his attention that surrounding^con^urities a^re having new wetland inventories taken. He suggested that Orono do the same. raiiahan stated that the City should re-examine the issue of l.nds«pinS plastIcLnS how it isLeing used as a bargaining tool to gain structural hardcover. Goetten agreed and suggested that the issue should also be discussed with the Planning Commission. J.bbour suggested scheduling a “Lt!rrlom?TVhLciL%rLr"Lues. Hi said, -we should ^SL ‘s-fd^%la5° -^”JnL:rdLals that may not wish to take on that role. Mayor Peterson asked Charlie Kelley if he could suggest a - 14 - Ci-l-V- ORONCr City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 6 2 FILE NO. 1614 WHEREAS, Jack Rhode (hereinafter "the applicant") is owner of the property located at 1690 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 10 and that alcn%'\"he" wlster?y line tVere'^of to the Southwest corner of the »°rth 14' of said Lot 11: thanoo South 87 degrees, 27 minutes East to the shore ox Crys.al Bay, thence Horth along said shore to the North line ^ thence West along said lot line to the point of beginning, in Shadywood, Hennepin County, Minnesota (hereinafter "the property ); and WHEREAS, the aoplicant has applied to Che City for variances to WHEREAS, cne -J Subdivisions 1 & 2 to permit the Municipal zoning 1 structure using the existing foundation, construction of ® ^„^3uld require aporoval of a lakeshore setback °re "efuiced ^ hard'^over variance within the 0- ?5- Setback area of 812 s.f. or U.3» where none is allowed. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This renewal application was reviewed as Zoning File 11614 2. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District requiring a 1/2 acre or 21,780 s.f. The property consists of 17,700 s.f. or .41 acres. 3. The Orono Planning Commission reviewed this renewal application on January 22, 1991, and recommended approval of the requested variances based upon the following findings: A) Major upgrading of the property will result in the following changes to existing substandard conditions: Page 1 cf 5 \ Cir-\fc OF QRONCr City of ORONO RESOLUTION OF THE CITY COUNCIL NO.921 setback: - 75’ Principal Structure = 55' Accessory Structure » 10' Principal Structure * 61' Accessory Structure - 59' (second level deck extends 2' beyond lakefrunt of principal residence) Principal Structure 8 20 'or 26» Principal Structure 14’or 18.6 » Accessory Structure ■65’or 8 6 % Accessory Structure “16*or 21% (second story utter level deck) ^ A. 1) Lakeshore Required Existing Existing Proposed Proposed Var.' ance: Exii ‘ling Proposed Existing Proposed 2) Hardcover within the 0-75' Setback Area: Allowed » 0 s.f. ExistinT " 926 s.f. or 15.8% Proposed ■» 812 s.f. or 13.5% Total Reduction *» 2.5% B) The application involves no need for a hardcover variance within the 75-250' setback area as applicant proposes removal o^ major portions of existing hardcover within the 75-250' setback area. C) The use of the existing foundation will provide less of an impact on the lakeshore property. D) The original structure was placed cn the property prior to current standards for lakeshore development. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission# reports y City staff# comments by the applicant and the effect of the proposed variances on the health# safety and welfare of the community. 5. 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 soning district; that granting the variances would not adversely affect traffic conditions# light, air nor pose a Eire hasard or other danger to neighboring property; would not as a convenience to the applicant, but is necessary to allevia«_e a demonstrable hardship or difficulty; is necessary to Ff«serjre a substantial property right of the applicant; and would be .-n keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 cf 5 .ut^ Cl 1^0.^ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. -921 __ CONCTiUSIONSr ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 to permit the construction of a new residence •bructure using the existing foundation subject to the following conditions : 1. All hardcover scheduled for removal must be completed prior to the final inspection by the Building staff for the new construction. Please refer to Exhibit A of this resolution for hardcover areas o<rsignated for removal. 2. .'pplicant to provide a Highway Department permit for the relocated curb cut to the site. 3. Applicant or applicant's architect shall provide the Building staff with the engineering data or findings that confirm the existing foundation can sustain the proposed 2-story structure at the time of application for a building permit. Applicant is hereby advised that, if for any reason unknown at this time, the existing foundation cannot be used, variance application #1614 shall be scheduled for further consideration before both the Planning Commission and the Council. 4. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this resolution will expire on that date (January 28, 1992). 5. Violation of or non-compliance with any of the terms ^d conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution ir the cliain of title of the property. Page 3 of 5 \ - CUV* ORONa City of OJROIVO RESOLUTION OF THE CITY COUNCIL NO.2921 1991. Adopted by the Orono City Council on this 28th day of January, /'/? llin, City Clerk Barbara A. Peterson, Mayor StATE OP MI^ESOTA COUNTY OF HENNEPIN ) ) ss. City Clerk of^the City of Orono, a Minnesota municipal corporation anc said instrument was executed on behalf of the Ctty. ^ THERESA L. NAAB a MIMR v Tu Su O • MINNESOTA “ ""JlENNBWN COUNTY Notary Public Owner'(s) Page 4 of 5 a-r \cn V- IKOTONa City of OROIVO RESOLUTION OF THE CITY COUNCIL NO.Q 7 1Am J ^ ^ STATE OF MINNESOTA ) ) 5S . COUNTY OF HENNEPIN ) On this day of O LiC\ k 199/ before me a N^otary Public within and for said county, personally aopeared iC P r- ^ '-----------------------—^— known to me to be the person(s) described in and who executec tne fore^oin^ instrument, and acknowledged that he (they) executec the same as his (their) free act and deea. / \\o «_( i<n—> / y^hri L— Nr.rARY PUBLIC YNBIIBtA L. NAAB NOTARr mJMJO • MINNESOTA HENNEPIN COUNTYm MY COMMISSION EXPIRES STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of 199 before me a Notary Public within and for said County, personally appea-ed known to me to ”bT the person(s) described in and who executed the foregoing instr\iment, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPiRfi^ Page 5 of 5 & A-C-dct tf C C .J3 ?-/ k 1^ »•*- / fi c>(uW ••'<i I . . .srto^l /«uw^ r» • • •■ » »-r • » fJ- Tot FroB Dates Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator February 15, 1989 Subjects #1381 Jack F. Rhode, 1690 Shadywood Road - Variances - Public Hearing Pertinent Pacta/Ordinances - Total Area: Required = 21,780 s.f. Existing - 17,700 s.f. or .^r acres Lot Widths Required » 100' At Lakeshore ■ 82.9' or 82% At Building Line =80' or 80% Section 10.22, Subdivision 1 - Lakeshore Setback Variance. Required for new construction outside of defined building envelope (beyond existing foundation). existing Required * 75' Existing Principal Structure = 55' Existing Accessory - 10' Proposed Principal * 61’ Proposed Accessory = 59' (Second level deck extends 2 beyond lake front of principal residence, steps at lower level extend 14") Variances Principal Structure “14' or 18.6% Accessory Structure =16’ or 21% Section 10.22, Subdivision 2 - Hsrdcover variance required within 0- 75' for new construction. Although a reduction of 1.9% J** * proposed, the City i_ .st address the need for the variance for e n construction, consistent with previous reviews. Zoning File #1381 February 15, 1989 Page 2 of 4 List 6,100 s.f.Area within 0-75* ’ Allowed ® 0 s.f. Existing » 926 s.f. or 15.8% Proposed » 812 s.f. or 13.3%* * Reduction in hardcover = (review Exhibits E, F, I & L) New Construction Within 0-75' 114 s.f. or 1.9% Removal of 326 s.f. - 177 s.f. of new principal structure 35 s.f. of upper balcony (note hardcover of grade level stairs not included because of second story balcony hardcover) Review of hardcover within 75-250', note there is no need for variance approval. Area ■ 11,600 s.f. Allowed ■ 2,900 s.f. or 25% Existing » 2,290 s.f. or 19.7% Proposed • 2,883 s.f. or 24.85% Increase of hardcover “ 593 s.f. or 5.1% of Exhibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Exhibit K - Exhibit L - Exhibit M - Exhibit N - Application Plat Map Property Owners List Applicant's Addendum Existing Hardcover Inventory Proposed Hardcover Inventory Elevations Floor Plans Staff's S)cetch Designating New Construction Within 0-75* Setbac)c Area Palm Variance Application - Staff Sketch Palm Survey Site Plan Proposed Hardcover & Removals Average Lakeshore Setback Line Existing Survey Zoning File #1381 February 15, 1989 Page 4 of 4 A. Denial. If denied, please refer to Section 10.08, Subdivision 3 (A) for the necessary findings for denial. B. Table. The Planning Commission may determine that the applicant has not explored all options for the expansion/improvement of the property. C. Approval. Based on the factual findings noted by applicant and staff and conclusions from discussions of issues based on the following conditions: 1) All hardcover scheduled for removal must be completed prior to the final inspection by the Building Staff for the new construction. 21 Applicant to provide a Highway Department Permit for the j70located curb cut to the site. 3) Applicant or applicant's architect should provide the Building Staff with the engineering data or findings that confirm the existing foundation can sustain a 2-story structure (2-story structure is already supported by existing foundation). Zoning File #1381 Additional Comments and Planning Commission Recommendation - March 3, 1989 The Planning Commission unanimously approved Mr. Rhode's variance application that would allow the total reconstruction of a residence using the existing foundation. The new residence structure would be located 61' (second level deck extends 2' beyond lake front of principal residence at 59') resulting in an improved lakeshore setback from the existing at 55'. The Planning Commission's approval was based on the following hardships and findings: 1, Use of existing foundation will result in less of an impact on the lakeshore property. 2. The house was constructed prior to lakeshore setback regulations and standards. 3. The improvement will result in reductions in hardcover in the 0- 75' setback zone and improved lakeshore setbacks. 4. The proposed improvement of the property will not require an additional variances but will result in the reductions of the intensity of existing variances on the property. Approval was subject to the following conditions; 1. All hardcover scheduled for removal must be completed prior to the final inspection by the Building staff for new construction. 2. Applicant to provide a Highway Department permit for the relocated curb cut to the site. 3. Applicant or applicant's architect shall provide the Building staff with the engineering data or findings that confirm that the existing foundation can sustain a 2-story structure. If at any time it is revealed that the existing foundation cannot sustain the proposed residential structure, applicant will be required to return to the Planning Commission and Council for further consideration. The enclosed resolution has been drafted per the Planning Commission's unanimous recommendation. Zoning File #1381 February 15, 1989 Page 3 of 4 Review of Application - The applicant proposes complete reconstruction of residence structure on the site using only the existing foundation located approximately 61' from the lakeshore setback area. In order to meet the hardcover allowance of 25% within the 75-250' setback area, the applicant proposes the removal of the existing detached garage and a re-location of a trimmed back access drive with backout strip. Approximately 212 s.f. of new structure is proposed within the 0-75' setback area. Applicant proposes the removal of 326 s.f. in order to offset the excess of hardcover at 15.18% existing. The applicant proposes a total reduction of 114 s.f. of hardcover within the 0-75* setback area. The reconstructed residence will now be totally located behind the 61' setback area with a 2' upper story deck extending another 2' into the lakeshore protected area at 59'. The previous principal structure was set at 55' with an accessory staircase located 10' from the lakeshore. Issues for Consideration - 1.Is the proposal consistent with similar improvement variance applications (review Exhibit J & K)? In consideration of the Palm application at similar lot area and width standards, the Rhode application has less hardcover than approved in the Palm application. Palms: 0-75' - 17.5% Rhode: 0-75' » 13.3% 75-250'29% 75-250 ’24.8% 2.Are there specific features or functions of the improvement plan that could be improved upon or amended? 3.Have the improvements in structural setbacks from the lake and hardcover reductions offset the 212 s.f. of new structural hardcover within the 0-75' setback area? Based on the conclusions drawn from the discussions above and the factual findings presented by applicant and staff in the review, the following options of action are available to the Planning Commission; # A ^ . f*/D., Cj^//^7?e^y^ J (^y^yt^fc/y^ X/£:>'/^cr>S ^77<r^J3 <^-7J" y . y} .• y .yyM^^^ *'" 2^ ' — <a ~Z^;Cco<y^ ----- -............................. V ____^p^::yyy X ■^.^2^7”:._________-'1-^- -------------------- ■£yfC,^<:^r -^y^LyL^y . yi-yyioy. r J±O o -i. J d. o ^ zr./^ ^ -^y. 3 ^o . ' X - HARDCOVER CALCULATION WORKSHEET SETBACK ZONE: (CIRCLE ONE) 0*75' ') 250-500' 5C0-1CC0' Existing Hardcover in Zone A. H ouse /Jo X o s s.F. length WIDTH ^".sT X s s.F. ^-=' S'. 3 X S<.S.F.-«’-^ ^cjArr" STcc^X 3 'C /. Ao S.F.^'^^'‘rx.y X S.F. B. G arage X ^ :j . 3 3 J ’O . ^S.F. /<^-ys‘ c. D riveway ^7.r X 33.0 S 9c' 7, ^o s.F. X S.F. D. Sidewalk !X /^. c SS 77^S.F. X 7?, C3 X /7f S.F. ..... _ X 3 S.F E.’at10/ )eck _ X 9 . S.F. F. Landscape • X VS S.F. AREAS UNDERLAIN BY ...... X 9 S.F. PLASTIC SHEETING X .S.F. A A' M ^ /,3 X S9 S.F. 4t/^LC G. O ther ..._ X ____9 S.F. /t-9 Total Hardcover in Zone s.F. Total Property Area in Zone s.F. A n B //, X 100 - 7 % n_ HARDCOVB CALCULATION WORKSHEiT/ SETBACK ZCNE: (CIRCLE ONEJ Q-7^^‘^50' &<rsTi.NG Hahccjver in Zone »i hr O O i)5G0^^' 3250-500''". A. H ouse 3. Garage C. DfilVEVfAY 0. Sidewalk 6. Patio/ D eck F.Landscape AREAS UNDERLAIN ?Ia3T.C ■ SHEETING G. Other C’ length *^.7 3 ^1/94 ✓ syyo//ts 7.^ CO a /C jOST^ ST^S . O u^AuL /. 3 X X X X WIDTH 7 x 4. 3" 7>3 ii?.o Ocro /OJ^ • F. /€-2. yf3~C>- S $ F $ • ^3^ s.F. /^- 7 '3^. v5 S • F. ^ cc /3 -// c = /e" -'o _ • I •' / s • • a • r > S.F. S.F. S.F. S.F. S.F. S.F. Total Hardcover in Zone Total Property Area in Zone ^/oc S.F. S.F. S.F. S.F. S.F. S.F.B pj] ^ ^ 6s300 X 100 - /sT. % O’ Xl-lAROC-a\/EtS CRLCULRTlOMb SEtBAC h . 1_o n 't--IS O FT PR.opos.E.r^ UuwD C.fi.'/ET5_(fCrORfc WO')V)e P£T tt0v)66 6>mVAL\fv_ DR\>lE.\«fty H ?4 PI PI PIO P'A UlVMft6cAPL XI^dA. UMOC.A.L(XiU 9y PL^Ti^ ^HELTIM4, / y S6-(£) - «1Sl.O 1.0 “7.0 ^ y “>^5.0 = S‘'\9.. 3.0 0-5-0 - ^5.0 o i 510.0 1-< 10.(1 - B.O 'll = 574, liOKlE- ^ .4 0.0^3 i........- - --- T^tal HAt.oco\;tTv iKj “:LOKie.2003 btfr'A TeT^L W*U ioOO in Fr 5 4 ■■■■ii.* / II (pO(7 ^*Fi f»o»t»-Ty Kufa )u j.cut tki ^EM frau ^oRUeV Bt OttfiM AiRoMaeR^ a *'b\-tU V-h!*' i. .5^ v*‘ ‘m mmt -•■‘iHi^J?^. .'« JU-Jli .|•'M I . ^ID . < I t 1“I: A fr«3r,-:r-r..r. •> •% • * • ««« •• CD mu ‘vTt • . “ “ *T'.. •* > wr ^ *T '.. •-: i j 4 •; -•U ‘ ■’ •* • ♦ >-mr- f ^'i CO w'we , ^TOiUD Uji >o\J ttttvc £*.Mr^vJAr m&*> ^ 7t, o —1 ' * ♦ RLU^t* ., t>ivriu(i VU li> u Ew>tW '-L iJ ■ -icr.. Sr\ # « '5^ooN O I P/cot^ E.eD Cvrz V.T T I C- I '*ve / 5£C0klD FL2^B i '. f- 3 ■"•"I m IOHOTBS op THB PUUmlHG COMMISSION MEETING FEBROART 21, 1989 ZONING FILE «378-OSTROM CONT™ ,l„eness of the With respect to Kelley s conc-ti. that there was neighboring residence, Mr. ^ addition from view. Mr. dense vegetation in another Ugurbil f^ interfere with an existing porch or with location would either a-chit«cture which was athe natural -Minnesota farm-charac.er a.cni.-c. main reason he purchased the house. **'thatThe %ddTt\”^°wou"d %?c°ro« views that „est. Planning Commissioner Brown ?eitera"ted ‘’hir belief that there were other alternatives. and tS^pubUr hearlnrw"- Ared'^'’<Pl'’a-\^9 S-?on'e'’r ^e^r^-s departed at this time). It was moved by Chairman s\^deyLlVetblch commissioner Cohen, to Nays=0, Motion passed, for #1378, Curtis Ostrom. Motion, Ayes y #1379 WATXATA COUNTRY CLUB 200 mAYZKTK BLVD. POBLI?SaRING*8:37 P.M. * 8:38 ^ertificat«=* of Mailing wereThe Affidavit of Publication and Certificat.. or .-^ax duly noted. The applicant was present for this matter “;;;^:iior M”\°or A^es-S Nays.o, Motion passed. #1381 JACK RHODE 1690 SBADYWOOD ROAD ^^^Shfjffwavlforpublicafio^aid Certificate of hailing were duly noted. The applicant was present for this matter Zoning Administrator within the 0-75' setback involved a "®”/“"* janc* for new construction. Even area, as well as a nVrdcover in the 0-75’ tone, though there is a ig required. The proposed variance approval for new g^ore. The second story, structure -ill f”" ‘^9’ from^^^^^^^ lakeshore. The 2*"foot wid®# dccJCf wil #.ko n —75* ar6fl will 3%*ovLall reduction of hardcover in the 0 75 area Chairman Kelley questioned whether the g„tire^ Structure would be removed. Mabustn repix «H0TBS of the panning COMMISSIOH meeting FBBRDASt 21, 1989 ZONIEG PILE #1381-RHODE Nation. She recommended that be, with the exception of the similar considerations the this *PPltcatlon be revie^^^^^ approval be Johnson #*xis*-inq foundation being used,conditioned upon the existingrionei.. ww ------ Planning Commission was that The general -posed house not extending as close ^hev were in favor of the p P nco Thev were also in favor to the lakeshore as the* 0-75' setback area from of the reduction in would be right on the average 15.8% to 13-3%. ^ have an attached garage. Thelakeshore setback line, and wixx detached garage will be removenea --— -- hv Planning Commissioner Hanson,It was moved by to recommend approval of th^s Planning Cp”""-V.^°"®L^lakes'hore setback variance tecuired foi application .fisting foundation. The setback shall new construction on the existi ^ -• upper story deck ^^ta^k'ng ” into thJ va l^\%”reco^ended f or So^ion^ Ayes-5, Nays=0, Motion passed. #1382 JOHN ROGERS 755 TOHKAWA ROAD '^^^JfJld^virorP^bUcftio^aid certificate of Mailing were duly noted. The applicants were not pre^ :ra^%"eVenV oT?^lu Mr. Mark Lumry of Art.e.<a ^-oxf behalf..L • £ £ Assistant planning and *been°a revision informed the Planning Co™assion hardcover in the to this proposal. There wii _f t;; existing storage shed. Mr. 0-75' zone due to *there would not be any additiona rumrv also explained that terrJce area as originally proposed.CB -------^ 1 qe -------- Planning Commissioner Brown as^ke^d for that %he the average lakeshore ®® r _^g]^y 200' away would house to the were only camp buildings. Mr. t“jr-«ti'^one ‘d‘'*thri«t nhat^the existing guest J-se and^m |?nbet-.rn-fn%‘«a(rw"h\°=^ „-^^d^^^^mire the visual rmpact of the addition from the lake. 11 trr MIHDTES OF RBODIAH ORONO CODHCIL MEETING MARCH 13, 1989 'N ,#1381 JACK RHODE / 1690 SHADYWOOD ROAD VARIANCES RBSOLOTION #2593 ir. Rhode was present for this matter. Actinq City Administrator Gerhardson explained that Mr. SirScovtr" within ?he° 0-7^ ’ %\\°back Vo approval is required because of the new construction. There were no questions or comments on behalf of Mr. Rhode or the Council. It was moved by CounciImember Goetten, seconded by Counc^Lemblr Peterson! to adopt ^^^VotTor^Ayls!'! lakeshore setback and hardcover variances. Motion, Ay_s Nays»0, Motion passed. #1382 JOHN ROGERS 755 TOMKAWA ROAD ’^“S^^ogers was present, as was his Landscape Architect, Mark Lumry. As it was explained by Acting City Administrator 4-v.ak 1-I c*ant was seeking hardcover and lakeshore setback CoS»!»!on?’at their Febroary 2 1, 1989 s,eetrng, approved this application on a 3 to 7. vote. Mr Lumry informed the Council that he had ^h%‘t‘hVr‘ ti"iriow 1 d“U" -3gl"f/^;jnr\rth^^ water ^ ootions would be to end the pipe prior to the 75‘ line. Mr. Lu»ry explained that ‘he current drainage pa«« brings water down across an existing pati^^ currently being Stairway in the 0-75 zone. in'* nice brought it to 'Lt!:ia””«tri%ngrne.r‘‘calculated’’ t”hat there would ^ .25^ cubic felt of water per second running through the pipe i t:h0 avant of tha 100—yaar storm* Councilmember Goetten questioned the hardship involved with t .f! I. •i) ^ M,'; 1 ' ' ‘ ' i'!' *5^ ^ t« :»'r;/,f'» 1 i V i " ■ • —i 1 ' '■ ri f V' - •M'" i', ’> !i., / ; n’.- i’ *’ .1 • :; ‘I I . ( :l f ^ r ;,k|- iri f • • mS V!' [ •■i «! • ■; r'If f llli'li. I ' lilrr.f '' y/f' V i ' f t - .''i fin’.'pf:,; ■■-.1 i':]s S'"!:' ^'K'!' ^ i'-ii ^ I» • I I “ . 'i if* i • . '■ 'isi'fi .< ■!1'! \'j':,:'-!: ^ il • f *• t' • ' U I'wif; '■ ^ .'I-'" yj''<;•» ; i •• la :»I ^ ■-'^v I i ‘M. ','?■■ Ill' . ’ i'/1 i I : t •• flu ^«NrtQ7-„ .' ^ ro rj .i-. List of Exhibits - A - Comprehensive Plan Amendment #3 - Comprehensive Sewer Policy Plan B - "Proposed Minor Comprehensive Plan Amendment Submission Form" C - Staff Memo of 11/14/90 D - Staff Memo & Exhibits of 10/11/90 Discussion Each year the Metropolitan Council forwards to the City a Systems Information Statement requiring review of various portions of local comprehensive plans. The 1988 Systems Information Statement, received in April 1989, requires review of transportation and wastewater management. The 1989 Systems Statement, received in May of 1990, dealt with aviation and light rail planning. Met Council adcvises us that no 1990 Systems Statement was issued. A 1991 Systems Statement dealing with regional park planning is expected to be issued in 1992. Pursuant to the 1988 Statement, the City of Orono indicated to the Met Council that we would proceed with an update and amendment of the Comprehensive Sewer Policy Plan (C.S.P.P.) portion of our Comprehensive Plan, but would hold in abeyance any revisions or amendments to our transportation plan until the Highway 12 location issue is resolved, since that could have a significant impact on Orono's plan. Neither the aviation nor light rail transit issues of the 1989 Statement were deemed by staff to have a significant relevance to warrant a Comprehensive Plan modification. In December 1989 the City of Orono requested an extension of the deadline for completing the C.S.P.P. Amendment. The deadline was extended to October 31, 1990. (Met Council staff have advised that it is not necessary to formalize any further extension of this date). In the fall of 1990, the Planning Commission h^ld a public hearing and reviewed the basic information regarding Orono's proposed revisions to the MUSA line, which is the singular significant revision proposed in Comprehensive Plan Amendment 13. The Planning Commission recommended conceptual approval, and on November 26, 1990 Council voted 3 to 0 to conceptually approve the Amendment, directing staff to draft appropriate documents for submittal to the Met Council. Comprehensive Plan Amendment #3 January 14» 1992 Page 2v, After reviewing the submittal requirements, staff elected to draft an update of the 1980 Comp Plan sewer element, which was completed in May 1991. Before this draft was brought to Planning Commission or Council for approval prior to submission to Met Council, it was determined that the Amendment should be held in abeyance until the Long Lake sewer property issue was resolved. The resulting agreement between the cities of Orono and Long Lake required that Orono amend the MUSA line to include that property. The current Comprehensive Plan Amendment #3 draft, attached as Exhibit A, includes that MUSA line revision. This MUSA revision was recommended for approval by the Plannig Commission on November 18, 1991. Process Staff is anticipating that Comprehensive Plan Amendment #3 v/ilX be accepted by the Met Council as a "minor amendment", qualifying for an abbreviated review process. Upon City Council directive, staff will submit the Comp Plan Amendment and summary worksheet (see Exhibit B) to the Met Council for review. Within 10 working days of receipt by the Met Council, they will advise the City whether or not the proposed amendment is consistent with the definition of "minor amendment", and whether the proposed amendment has a potential impact on any Metropolitan systems. If Met Council determines that this is a minor amendment with no potential impacts on any Metro systems, you would be able to place the amendment into effect at any time, and the Met Council will comment within 60 days regarding the consistency of the amendment with other chapters of the Metropolitan Development Guide. If there is a potential Metro system Impact, Orono would not be able to put the amendment into effect until Met Council review is completed, which could take up to 90 days. Final adoption of the Comprehensive Plan Amendment #3 would be by City Council resolution once Met Council has approved the amendment . If Met Council determines this is a "major amendment", additional Information may be requested from the City, and the plan must be submitted to adjacent g,vernmental units. As a "minor amendment", it is at the City of Orono's discretion whether to submit the amendment for review by adjacent cities. The final draft is being mailed to the Planning Commission as an information item. \kUt Comprehensive Plan Amendment #3 January 14, 1992 Page 3 Staff Re endation Staff recommends that Council grant preliminary approval of Comprehensive Plan Amendment #3 as a "minor amendment" to the Orono Comprehensive Sewer Policy Plan, directing staff to submit the plan to adjacent municipalities, and the plan with appropriate submittal information/documentation to the Metropolitan Council for approval. Proposed Motion:Moved 2nd to grant preliminary approval of Comprehensive Plan Amendment #3 and direct staff to submit the plan to adjacent cities for review and to the Metropolitan Council for approval. _ _ Ayes _ _ Nays. Isv !:■ LNFOILNUTION SUBMISSION FOR mlnor comprehensive plan amendments This summanr worksheet must be died out and submitted to the Metropolitan Council with a copy of each^proposed minor comprehensive plan amendmenL Minor amendments include, but are not limited to: 1. 2. 3. Changes (land trades or additions) in the urban service area involving less than 40 acres. Minor chanp to plan goals and policies that do not change the overall thrust of the comprehensive plan. Please Ns aa apecific aa possible; attach additioDal ctplanatoty materials if neceaary. If a staff rennrt was DtcDared for the Planning Commission or City Council, please attach it as well. S!Slnitte submitting regular plan amendmenui may wish to enter ihri fo™ or a reasonable facsimile into their word processing menu for ease m preparation of the form. 230 e!^ Fifth St., St. Paul, MN 55101-1634 1.GENERAL INFORMATION bate of Preparation f dll B. Name of Amendment Comprehensive Sewer Policy Plan Amendment Please attach the following: 1. 2. 3. 4. Five copies of the proposed amendmenL A dtv-wide map showing the location of the proposed change. Ihe oirrent plan map(s), indicating arca(s) a£f<«ed ^ amendment The proposed plan map(s), indicating arca(s) affected by amendment Milife F mD. n. What is the official local status of the proposed amendment? (Check one or more as appropriate.) X Acted upon bv planning commission (if applicable) on ---- 11-19-90/11-18-91 Approved by governing body, contingent upon Metropolitan Council review. ^ Considered, but not approved by governing body on 11-26-90/11 not appn -25-^1 Other Indicate what adjacent local governmental units and other jurisdictions (school districts, watershed districts, etc.) affected by the change have been seni copies of the plan amendment, if any, and the date(s) copies were sent to them. (None as of 1-22-92) ________________________________ LAND USE Describe the following, as appropriate: 1. 3. 4. Size of affected area in acres (MUSA additions) 171 acres gross Existing land use(s) Single family residential/park/vacant Proposed land use(s) No change . Number and type of residential dwelling 35 single family residen units involved residential total 5. 6. Proposed density No change (1 unit per 2 acres) Proposed footage of commercial, industrial or public buildings m. METROPOLITAN DEVELOPMENT GUIDE Population. Household and Employment Forecasts Will the proposed amendment affect the dty’s population, household or employment forecasts for 2(XX), or any additional local staging contained in the origin^ plan? ^ No/Not Applicable Yes. Desml)e effect ii r If.:: B. Changes to Urban Service Area Boundary Will the proposed amendment require a change to the boundary of the community’s urban service area? No/Not applicable. ” Yes. Under I. C, a map should be attached to show the proposed change. C. Changes to Timing and Staging of Urban Service Area Will the proposed amendment require a change to the timing and staging of development within the urban service area? ^ No/Not Applicable. Yes. Under L C, a map should be attached to show the proposed change. D. Wastewater Treatment 1. Will the proposed amendment result in a change in the projected sewer flows for the community? ^ No/Not Applicable. Yes. Indicate the expected change. Total Year 2000/2010 flow for community based on existing plan __ million gallons/day Total 2000/2010 flow for community based on plan amendment million gallons/day 2.If your community discharges to more than one metropolitan interceptor, indicate which interceptor will be affected by the amendment NA ______________ 3. Will flows be diverted from one interceptor service area to another? ^ No/Not applicable. Yes. Indicate the change and volumes (mgd.) involved. Transportation 1. Will the proposed amendment result in an increase in trip generation for the affected area? No/Not applicable. Yes. Describe effect - Minimal additional trios aoneratnei by Hi F. Does the proposed amendment contain any changes to the functional classification of roadwaj-s? ^ No. Yes. Describe which roadwav'S Aviation Will the proposed amendment affect the function of a metropolitan airport the compatibility of land uses with aircraft noise? X No/Not applicable. Yes. Describe effect. G. Recreation Open Space Win t.be proposed amendment have an impact on existing or future federal, state or regional recreational facilities? ^ No/Not Applicable. Yes. Des^bc effect. H. Housing Will the proposed amendment affect the community’s ability or intent to achieve the long-term goals for low- and moderate-income and modest-cost housing opportunities contained in the existing plan? ^ No/Not Applicable. Yes. DesCTibe effect Water Resources 1.Docs the plan amendment affect a Minnesota Department of Natural Resources or U.S. Anny Corps of Engineers protected wetland? If yes, describe type of wetland affected and show location on a map. X Ycj, Various; Types 2, 3 (.MUSA Part XV) “No. 2. WiD the wetland be protected? X V— TW/.WW. Desiqnation as outlet with underlying — ICS. ijcscnoc nw. - - - - - -conservation & fiowaqo easements No. Describe why not —--------------------------------------------------- 3. 4. Will the plan amerdment result in runoff which affects the quality of any surface water body? If yes. identify which ones. X Lake Minnetonka via Lone, Lake CreekYes.--------------------------------------------—----------------:--------- No. Will the. water body be protected? ^ Yes. Describe how. Detention pond on development site No. Explain why not IV. IMPLEMENTAnON PROGRAM A. OfGcial Controls Will the proposed amendment require a change to zoning, subdivision, on-site sewer ordinances or other ofGcial controls? No/Not Applicable. X Yes. Describe effect -----concerning septic systems Adoptionof MR Ch. 7080 regulations • ft •• * & ■ iLr, .cTo:Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson From Jeanne A. Mabusth, Building & Zoning Administrator Date:November 14, 1990 Subject: Comprehensive Plan Amendment #3 List of Exhibits - Exhibit A - Packet Previously Submitted to Planning Commission for 10/15/90 Agenda At the October meeting of the Planning Commission, members voted to table all action on the review of proposed Comprehensive Plan Amendment #3. There were only 5 members present and the Chairman felt that the matter was important enough to require full membership of the Planning Commission. Once again, note that this is a minor amendment involving the inclusion of areas already receiving sewer and to locate these areas within the MUSA district. If Members have any questions or seek additional information, please contact staff prior to the meeting. It is imperative that members provide a final recommendation for the Council because of the Metropolitan Council's deadline. Additional Coanents and Planning Commission Recommendation - November 21, 1990 The Planning Commission unanimously voted approval of the Comprehensive Plan Amendment #3 as proposed finding the proposed realignment of the M.U.S.A. line would only involve areas within the City already served with sewer. Staff will draft a resolution of the Council approving Comprehensive Plan Amendment #3 and the necessary transmittal documents to the Metropolitan Council for formal action at your December 10, 1990 meeting. . <e./i-z(.-90 Proposed Motion: Moved by ^__, seconded by0 to conceptually approve Comprehensive Plan Amendment #3 and to direct staff to draft the appropriate supportive documentation for presentation at the December 10, 1990 meeting. Ayes IS , nays O . To; From: Date: Planning Commission Chairman Kelley Orono Planning Commission Members City Arministrator Bernhardson Jeanne A. Mabusth# Building & Zoning Administrator October 11, 1990 p Subject: Comprehensive Plan Amendment #3 List of Exhibits - Exhibit A - Systems Statement - Orono Exhibit B - MUSA Line per Metropolitan Council Exhibit C ~ MUSA Line per City's Records Exhibit D - Bernhardson's Memo 9/14/90 In 19fi9, the City received a systems statement from the Metropolitan Council providing updates on systems within four areas: sewers, transportation, parks and open space, and airports. The City was to review the statements to see if their current comprehensive plans and codes were consistent with the Metropolitan Council's findings. The systems statement is enclosed for your review and consideration. After several months and a formal request for delay of the Metropolitan Council, as the City was obliged to submit a Comprehendsive Plan Amendment in October of 1989, the City asked for an extension to October 1990. At the September 24th meeting of the Council, it was decided that the City would proceed with a minor Comprehensive Plan Amendment readjusting the MUSA line to ^jjclude areas already sewered but not included within the MUSA boundaries and to provide a supplemental memo updating certain population forecasts, etc. As the City Administrator's memo of September 14th advises (E :hibit D), in reviewing the status of the Highway 12 corridor planning, it would be premature to develope any extensive transportation plan or make any changes to the original plan approved in 1980 until the corridor is defined. Upon resolve of the location of the corridor, the City would proceed with a major Comprehensive Plan Amendment. At that time it is hoped that the City may consider goals and policy changes regarding public vs. private roads in the City. The Planning Commission is asked to review and act on the proposed MUSA line realignment incorporating properties already approved and served by sewer and not included within the M.U.S.A. as defined by the Metropolitan Council in their current systems statement. Please review Exhibits B and C, the current MUSA boundaries nand the map drafted by staff. Note the following sewered properties will now be included within the MUSA boundary: Comprehensive Plan Amendment #3 October 11, 1990 Page 2 of 2 Hackberry Hill (property sewered since ear y ’OTls and somehow excluded from MUSA) Properties on east and west side of County Rc i ’ 64 or Old Crystal Bay Road Properties along North Shore Drive East of Noerenberg Park through Scotch Pine Lane n 1988 Systems liformation Statement Orono lii. METROPOLITAN OEVELOPMEN" ANP INVESTMENT FRAMEWORK (MOlF; A. Geographic Policy Areas The MOIF established policies for different geographic areas within the metropolitan urban and rural service areas. Thes». geographic policy areas are the setting in which the Council and local governmer :s prepare and carry out their plans. Part of Orono is located within the Metropolitan Uroan Service Area (MUSA) and part of it is located in a rural service area. The urban and rural service areas in Orono are separated by a MUSA 1ine. A mac of the MUSA in Orono IS found in Section 0. Orono should refer to the policies in the MDIF for the MUSA and for the Rural Service Area as it prepares plan amenaments in response to this systems statement. The MUSA is defined as that part of the region in which urban-scale development and investment shouM Ue located. It is that area whce the Council has made a commitment to providing metropolitan system service capacity, in accordance with the regional system clans and with local comprehensive plans that are mutually consistent. B. Forecasts of Population, Housenoio and Emp oyment The Council has prepared forecasts of year 2000 population, households and employment for each county, city and township In the region. The forecast data for Orono is listed on a data sheet that is contained in this part of the system information statement. It is important that you review the year 2000 forecasts for Orono, since the local comprenensive plan forecasts need to be consistent with Council forecasts. You should contact Council staff In the Comprehensive Planning Division if your community's plan anticipates a higher level of year 2000 population, households or employment than current Council forecasts. The Council uses the year 2000 forecasts as an indication of where growth is likely to occu<*, and thus where metropolitan system services will be needed. The forecasts are also used when the Council reviews a community's request to change its MUSA boundary and extend metropolitan services to new areas o* development. The 2000 forecasts are *eviewed when local development trenos are founo to vary substantially from Council forecasts, when unanticipated development is proposed, or as part of amending the local comprehensive plan. The Council revises its local forecasts eve*'y five years, using U S. Census data as a base. The next revision of the forecasts will be ?ade n 1992. At that time, the forecasts will be extended to the 'ear 2010, a.-o new estimates of local land supply and land demand relative to the ^USA will be prepared for each community and county in tne region. - 1 * 1988 Sysrerns InforTiation Statement Orono For purposes of sizing metropolitan system facilities, the Council has prepared forecasts of local population, households and employment for the year 2010. A primary reason for making these forecasts is the long lead time Involved for the planning and investment decisions that are required to ensure system capacity to serve the anticipated growth C. Data Sheet for Orono The data sheet is included on a separate page D. HUSA Map A map for Orono is included on a separate page E. Plan Amendment Process The Council has jopted guidelines for the plan amendment review process. These guidelines and process apply to all local plan amendments. A copy of the guidelines document, Metropolitan Council Guidelines for Reviewing Local Comprehensive Plan Amendments, is attached as an appendix to this systems statement. Council staff in the Division of Comprehensive Planning and Local Assistance are available to assist you, if you have any questions aoout the process. Communities are encourageo to discuss plan amendments with us before they are formally submitted for Council review and comment. I I I - 1 I 'Hr 1988 Systems Information Statement Orono Data Sheet for Orono ]. Forecasts of Population, Households and Emoloyment PoDulation HousehoIds EmoIovment 1980 1980 7..?^ 1 1980 <.^70 1990 n.?.co 1990 A- » ‘CC 1990 '^cr- 2000 'll <90 2000 2-PCC 2000 uco 2010* &1ED 2010*TjOT)2010*ICO *Note: The 2010 forecasts are used for system s i zing purposes 2. Estimates of MUSA1 Land Demanc and Land Supply, 1980-2000 (a) Land Demand Streets Resident 1al Commercia I t ndus tria 1 Public A 1 levs -1990 I5C c 0 zo -2000 ‘V'—> Total 1980-1990 Land Demand:acres Res i dential Total + 1991"2000 Land Demand:LcC acres ' <4 dwe11 In Total 1980-2000 Land Demand:zzn acres 1980-2000 Land Demand with five-year overage*:ZtO acres Parks *The Council believes that the uroan service area snould contain at least a five-year oversupply of urban lana within each community. (b) .and Supply 1980-2000: Current supply: acres .. acres The land supply figure reflects the net developaole area inside the local comprehensive plan/urban service Iine--cxcIuding water, wetlands, bedrock, floodplains and any covenanted agricultural preserve lands. The Council's land suppiy figure includes platted but undeveloped lots as of I98O. Ill - 3 kpn I7/PHENVk@6 01.31.89 .- Hi t■pr 1988 Systeas Inforaation Scatetaen;: Orono II. WASTEWATER MANAGEMENT Orono (Developing Connnunlcy with Mecro Ser'/lce) A. Policy Plan Revisions And System In/onaatlon InfonuiCion in this section is based upon Che revi.sed Water Resources Management. Part 1. Wastewater Treatment and Handling. Policy Plan. September, 1988 (copy enclosed). The Policy Plan should be consulted by Orono in preparing an amendaenc to the sewer element (sewer policy plan) of its comprehensive plan. Of particular importance to Orono will be the policies related to water quality and sanitary sewer services, and the "Content Requirements for Local Sewer Plans," (see Section C below). 1. Metropolitan Service (Developing Area) The forecasts of population, households, employment, and wastewater flows for Orono as contained in Che adopted Wastewater Treatment and Handling PollCY Plan are listed below. These forecasts are for sewered development. The sewered housing forecasts were calculated by multiplying the Council's household forecasts for each year by the vacancy ratio for each community. The community's projected total population, households, and employment fo 1990 and 2000, as indicated later in Part III, could bo somewhat different due to the development served by on-site sewage disposal systems or private treatment plants. Sewered Topulaclon ^ewered riousing Severed Employment Wastewater Flows (mgy)* 199Q 2m zm 4,700 5,000 5,800 1,800 2.000 2.400 600 600 700 204-217 223-237 259-294 ^million gallons per year The flow projections represent Che Council's cemmitment to a level of service, assuming the Council's underlying demographic forecasts are maintained. As stated in the MDIF, the Ccuncll will vary local flow projections based on verified growth ss well as the lack of growth. As stated in the revised policy plan, flow projections do not represent an allocation of interceptor capacity except in the event a teisporary system constraint occurs. II 1 iJfebm 1988 Systems Information Statement Orono At a minioiua, the Council and Commission will reevaluate flow projections every five years In conjunction with the Council's review of the municipal forecasts. However, the Council and Commission will also monitor individual local governments flows annually for significant changes. The Council and the Coousission will use these population and wastewater flow forecasts to plan all future interceptors and treatment plants needed to serve your municipality. Orono, through its comprehensive planning process, must decide the location and staging of development, and then plan and design its local wastewater collection system to serve this development. If you a total wastewater flow from your municipality In excess of the Council's forecasts, your assumptions will be analyzed by the Council tor their possible adverse effects upon the capacity of the metropolitan system. When developing your plan, you should not exceed the projected flow for your community or the capacity of a metropolitan facility without first discussing the need for this with the Metropolitan Council and the Metropolitan Waste Control Commission staff. If necessary, detailed information regarding metropolitan facilities is available from the Commission. Contact the Municipal Services Section at 222-8423 for this Information. Map II-A shows the location of metropolitan facilities serving your • Existing or planned metropolitan facilities serving your community are as follows: 6-0R-641 MWCC 7113 M'-CC 85-67 Lift Station 49 Life Station Cj Lift Station 45 Lift Station 44 Lift Station 43 Lift Station 42 2. On-site Sewage Disposal Systems .Management The Metropolitan Land Use Planning Act requires the sewer element (sewer policy plan) of local comprehensive plans to describe the standards and conditions under which the installation of private sewer systems will be P*r®itted and to the extent practicable, the area not suitable for public private systems. The revised policy plan states that on-site sewage disposal systems are appropriate to serve single-family residences at development densities of 4 units per 40 acres or less if local goverr.ments adopt a management and control system consistent with federal and state laws and Council guidelines (Policy 2). It is the Council's position that all municipalities and counties allowing on site syscems incorporate MPCA regulations (Minn. Rules Chapter 7080) as part of a program for managing on-site systems in the sewer element of their local comprehensive plan, and implement the standards in issuing permits. The program should include the keeping of permit records, licensing, correction of II-2 ^ gure ^-A metropolitan sewage treatment facilities NORTH MINNETONKA AREA (INCLUDING THE CITIES OF LONG LAKE. MAPLE PLAIN. MINNETONKA BEACH. ORONO, WAYZATA AND WOODLAND) maple LONG LAK^-C3 III! y \ 1 • ^ •-,'1 ' - ¥ 1 - 1. . ' * V f •J. ’I I: i •n CT-v-i^ X- rjl — !• V- 2^ WAYZATA t '^MSB-7010-2, « • P?>3T&4-3 WOODLANW / yjjiss-xhii NWNNETONKA^^i LvTt" BEACH -7073 zr,\ ftZ K"3LS t^? ■ watit watar traatmant plant ■■■ Exiating Intarcaotor «■ Propoaad intarcaptor O LKI alallon III! Forca main — — CoiTtmunIty boundary /y MH«S Mao sourca. Matropolltan was^a Control Co'^irr^issfon Pr L938 Systems Information Statement Orono problems and training of personnel. Where comprehensive plans aL" nc^ori” an gove^x^en": Ihou^ thHr oriitl^v^r Inspection and maintenance element as part of foJ Lc2i sf!er “^^geoenc controls (Policy 2 and Content Requirementsfor Local Sewer Plar.j). See Policy Plan Table 8. It is the Cowell's position that group on-slte sewage disposal sysc-ms such The content requirements for local sewer plans address local planning for these systems. e •• 3. Management of Private Wastewater Treatment Plants Small private treatment plants are located throughout the Metropolitan Area seizing such developments as Individual Indust ,es. mobile home parks, and other urban-type uses located in the urban and rural service areas The Council is concerned that these facilities encourage urban development In the ^ral service area or become the responsibility of the Council or Commission due to permit violations or death or bankruptcy of the owner-operator. The revised Policy Plan states that private treatment facilities should be permitted only if they are provided for In Council-approved comprehensive plans and are in full accord with the local comprehensive plan (Policy 12). Orono should include In the sewer element (sewer policy plan) of Its local comprehensive plan the conditions under which private treatment plants would be allowed, Including the location (map). c-.)aclcy and flows to existing facilities, ju: declare that under no circumstances will private wastewater treatment plants be acceptable. If there la a later change In the community's position or policy, a plan amendment should be submitted for Council approval DeCermlnlns Whether a Plan Amendment Is Merea^iiii-v It may not be necessary for Orono to prepare an amendment to the sewer element (sewer policy plan) In Its current comprehensive plan. If Orono's plan or expectations for development meet the following conditions, the community may choose not to prepare an amendment to the sewer element of its cooprehenaivo plan. The community should submit Instead a statement to the Council certi^ing that the community's plan or expectations for future development meet all of these conditions. If the conditions change, an Mendmeut should be filed at that time. Some of the conditions listed mav not 0% applicable to your coBBunlCy, 1. the comnunity agrees with the Council's population, household and employment forecasts for 1990 and 2000, 2. the community is in agreement with the Council's forecasts for sewered population, housing, employment and wastewater flows for 1990, 7O00 and 2010, 3. no increase is planned In the community's projected wastew^.er flows for each metropolitan interceptor from those stated in the communiev s current Council-approved sewer element. II-3 1988 Systems Information Statement Orono noli.f s current comprehensive plan Is consistent with Council policies for rural area density, and the management and control of Individual on.slte sewap disposal systems as follows (See Policy Plan. Tabte a) local governments allowing on-slta systems incomorate mP''a regulation. (Minn. Rul.a Chapter 7080), keepiJlg of p.^irrecordr petsorari' existing systen problems and training of pvernaents allowing densities In excess of 4 units per 40 n ‘"”'T>drate post.Installation Inspection and maintenance element as part of their on-site system management controls oollcl.t comprehensive plan is consistent with Council plants ^ nanagement and control of private wastewater treatment 6. no change in the MUSA is expected or planned at the current time and time expanded municipal treatment plants are planned at the current 8. a communal drainfleld has been constructed or expanded since the conammity or county last submitted its comprehensive plan or an amendment to cne Council for review. 5. Format And Content Of Plan The revised policy plan clarifies the content and format requirements for both the sewer element (sever policy plan) of a local comprehensive plan and the local comprehensive sever plan (see Content Requirements for Local Sewer Plans). It may be necessary for a local government to prepare amendments to one or both of these plans. In formulating proposed amendments local goverraents should follow these guidelines. The policy plan establishes a Cwo-tler system for the preperatlon and review of local sewer plans and amendments. Tier I information, which constitutes the sewer element or sewer policy plan requirements, will be reviewed by the Council and Metropolitan waste Control Commission. T.^er II information, which constitutes the comprehensive sever plan requirements, will be reviewed only by the Commission. Her II should be submitted to rhe Commission onW aft...- the CflUnctI CQBPitim Itl rgyjgW of Tier I and the local govcrnmiinr adoots the amenflment 0. A^tagrlaa This information does not require immediate action on the part of local governments, but it may affect local sewer planning in the future. Preliminary Advisory to all Communities with Metropolitan Service Regarding I/I Abatement *“*^^***^ plan states that excessive infiltration of groundwater and inflow of sxxrface water (I/I) to local sewer systems has a significant impact on the capacity and operation of the metropolitan systen and that local units of government should review their respective I/I problems and prepare II-4 if- L 1988 Systems Information Statement Orono the Council In December 1990 aas««if tvo technical reports, due to® the metropolitan system Impacts. and^2) tL^sJb^l^^ community and encourage local governments to reduce I/I L^c^l ^"cenclves to after 1990 if they need to address tM, Local governments will be notified will be required to submit an amendment to th aftected local governments comprehensive plan addressi^^ ^ element of their months of receiving their 1992 sysJer^^eLnc ''i^hin 9 ""r*“ '*’• vi m reduce ily"uTe^Hr. .T'‘‘ * "i*" “f “ chelr propoee^ sewer plen enendnenc to Include this infociBacion In for Uc.l Sewer Plen.) for the Infons.rton to bl piovli^r”"' II-5 r..: r 31891.1 CITY OF ORONO COMMUNITY MANAGEMENT PI AN PART II, CHAPTER 6 COMPREHENSIVE SEWER POLICY PLAN - AMENDMENT Table of Contents I.Purpose II. Scope III. Summary of Amendment IV. Proposed Amendment A. B. C. D. E. F. G. B. 1. J. K. Basic Sewage Treatment Concepts * Principles Sewage Treatment Policy Plan Surface Water Drainage Districts Existing Sewage Treatment Facilities MUSA Line Revisions Community Management Plan Population/Household/Employmeiit Projections Sewer Facilities Plan Expected Sewer Improvements Infiltration/Inflow Abatement Ordinances, Controls, Administration & Enforcement V. Consistency with Metropolitan Planning Policies & Guidelines APPENDIX A: MUSA LEGAL DESCRIPTIONS APPENDIX B: FLOW CAPACITY DOCUMENTATION I.PURPOSE The purpose cf this amendment is to update the Comprehensive Sewer Policy Plan (C.S.P.P.) element of the City of Orono’s Community Management Plan adopted in 1980. The 1980 Community Management Plan was intended to set forth the City's permanent planning goals, policies and facilities plans in the context cf the legislative mandate plm for regional needs through the planning period 1900-1990. while Orono's basic sewage management concepts and principles have not changed, many of the projects and programs anticipated for completion in the 1980s have been accomplished. The main purpose of this amendment is to update the C.S.P.P. to reflect these changes and to provide a plan framework for future projects and programs : jr the period 1990- 2000. II. SCOPE This amendment is intended to update the Comprehensive Sewer Policy Plan element of the City of Orono's 1980 Coirmunity Management Plan, in response to the mandate of the Metropolitan Council's 1988 Waste Water Management Systems Information Statement. A review of past development trends in the City along with expectations for future growtn based on current planning policies, lead to revisions in projections for population, households, and employment. These revisions were further evaluated as to their impact on waste water flow projections for the years 2000 and 2010. Private, municipal, and metropolitan system inventories were evaluated and updated to reflect current conditions, including an update of the MUSA line. City waste water treatment policies and goals were evaluated for consiscency with Metropolitan council policies and goals. III. SUMMARY OP AMEMDi 1. Population and household forecasts are updated to reflect the 1990 census data and incorporate City and Metropolxtan Council projections for the years 2000 and 2ol0. 2, Orono's Metropolitan Urban Service Area (MUSA) ana sewer service area (MSSR) a^e revised to incorporate areas of the City which have been served with or approved by the City for t-. municipal sewer during or prior to the period 1980-1991. This revision also incorporates MUSA line anendments adopted by the City since 1980 and which have received Metropolitan Council approval. 3. Changes since 1980 to metropolitan sewer facilities and to Orono's municipal sewer facilities are detailed. 4. Changes in the nombers and characteristics of on-site sewage treatment systems in the City since 1980 are documented. 5. The amendment updates forecasts of sewered and unsewered development within the Cit/. 6. The amendment indicates minor revisions in the City's ordinances dealing with on-site sewage treatment systems, resulting in even greater control ever the design, location, installation, and operation of on-site sewage treatment systems. 7. The amendment demonstrates that Orono's current controls over septic systems meet or exceed the Metropolitan Council requirements for allowing rural densities in excess of 4 units per 40 acres, 8. The City's plan of action to reduce inflow and infiltration problems within existing City sewage facilities is desexibed. 9. The amendment reiterates that Orono's C.S.P.P. is consistent with metropolitan planning goals. IV. PROPOSED Ai : I. I : A. Basic 8ewag«» Treatment Concepts Orono continues to uphold the basic sewage treatment concepts and principles defined in the 1980 Comprehensive Plan. Protection and enhancement of the water quality of Lake Minnetonka continues to be a principal goal of Orono's planning program. Orono's urban and rural areas continue to provide distinctly different lifestyles, amenities and services. Orono has r strictly controlled development within the 2 acre and 5 acre rural residential zoning districts. Development with private septic systems and wells has been carefully regulated, and with the exception of the Highway 12 corridor which was the subject of a comprehensive plan amendment in 1988 , the urban area has not been allowed to expand into the rural area. Although the 1980 Comprehensive Plctn indicated that the State of Minnesota had dropped plans for relocating and expanding Highway 12 through Orono, recent requests by outstate interests have revived discussions about rerouting or upgrading Highway 12. While it is the City's intent to provide for the necessary safety upgrades to Highway 12, a future rerouting of Highway 12 through rural Orono would not be in keeping with the 1980 Comprehensive Plan, and would require significant revisions to the Plan. The City is currently in opposition to any Highway 12 changes which would necessitate major rezoning within the City. B* Sewage Treatment Policy Plan The sewage treatment goals for Orono continue exactly as stated in the 1980 Comprehensive Plan. These include provision of an adequate, safe level of sewage treatment and waste water disposal for ali properties in the City; the protection of Lake Minnetonka as well as other surface and groundwaters from sewage effluent pollution; and achievement of these goals within the financial capabilities of the City and its citizens without becoming an intolerable burden on landowners or taxpayers. The City continues to maintain that the urban and rural service areas are fixed, and that the existing rural area will not be urbanized. The 1988 Comprehensive Plan Amendment regarding the Highway 12 corridor resulted in a determination that certain properties abutting Highway 12 and directly adjacent to the totally urbanized City of Long Lake, could not realistically be expected to be developed to rural standards. The rurally zoned areas within the Highway 12 corridor that were subsequently redesignated for urban development had experienced virtually no rural development due to their location and characteristics inconsistent with the character of the majority of rural property in the City. That amendment strictly defines the urban uses allowable within the redefined corridor. As a result of the 1908 amendment, approximately 275 acres or 3.5% of the area of the City zoned for rural development, was allowed to shift to urban uses. The City has no intent to further allow for urbanization of the rural zones, and rural development with private sewage treatment systems and water wells on 2 acre and 5 acre lots continues to be a viable and attractive alternative to the denseTf urbanized housing being developed in municipalities immediately to the east of Orono. Regarding rural sewage treatment policies, the City continues to strictly control the design and construction o* on site sewage treatment systems to strict performance standards. Additionally, each new rural residential development continues to be required to provide full site evaluation of each individual proposed building lot, so that the initial and future sewage treatment needs of each homesite can be met on that individual site. The City is proceeding to adopt the Minnesota Pollution Control Agency's Chapter 7080 regulations, ’-»ith minor revisions which will allow Orono ’s more restrictive on-site sewaae treat ment provisions to prevail. C. Surface Water Drainage Districts Orono continues to develop under guidelines of the Orono Surface Water Management Plan as indicated in the 1980 Comprehensive Plan. Wetland preservation remains a primary goal and policy of the City, providing for natural storage and filtration necessary to purify storm water runoff. This policy is consistent with Orono's intended rural land use planning philosophy. D. Bscisting Sewage Treatment Facilities Significant changes to metropolitan facilities, municipal facilities, and individual sewage treatment systems have occured since the 1980 Comprehensive Plan was adopted, as follows: 1, Metropolitan Facilities. A. Completion of the Orono/Long Lake Interceptor in 1980 resulted in the elimination of nutrient-rich sewer effluent outflows to Lake Minnetonka from the Orono and Long Lake sewage treatment plants. Each treatment plant was replaced with a M.W.C.C. owned and operated pump station. B. The completion of the Maple Plain interceptor in 1984 removed the last of 7 municipal sewage treatment plant discharges into Lake Minnetonka. The City of Orono had originally opposed construction of this interceptor in favor of treatment plant upgrades, because the excess capacity of the interceptor would be counterproductive to Orono ’s plans for rural, low density development. As a result of Orono's opposition to the excess capacity, the Maple Plain interceptor was redesigned and constructed at a size which provides no capacity for use by Orono (M.W.C.C. Project #83~52). C. An upgrade of the Orono/Minnetonka Beach Interceptor was completed in 1989, resulting in additional capacity* Prior to this project, peak capacities had been exceeded on a number of occasions, allowing untreated sewage to overflow into Lake Minnetonka (M.W.C.C. Project #85-67). 2. Municipal Facilities. The City of Orono continues to operate a municipal system of sewer trunks and laterals in various non-contiguous sections of the City. This non-contiguity results from, a number of sewer projects serving pockets of historically dense development. These sections are broken down as follows: A. SOUTHWEST ORONO SYSTEM. This system serves the Navarre business area as well as the majority of Orono's lakeshore residential areas. The original 6 projects were installed from 1964 through 1979 The following additions and upgrades have occured from 1980 to 1990: 1. North Shore Drive/Scotch Pine - sewer laterals and lift station - 1980? 12 residential connections. 2. North Shore Drive/Highwood - sewer laterals - 1981- 3 residential connections, plus 3 stubs for future use. 3* Navarre Theater Project/Northern Avenue - sewer laterals connecting to existing lift station - 1982 - approximately 35 residential connections - included lift station #6 bypass. 4. Carman Street Project (private) - 1984 - lift station and laterals ~ 3 residential units. 5. 1984 Fcrcemain and Lift Station 87 upgrade. 6. 1989 Lift Station #10 Bypass (in conjunction with M.W.C.C. Project #85-67). 7. Lift Station #8 Upgrade - 1990. B. ORONO SCHOOLS SYSTEM. This system was originally constructed in 1967, with gravity discharge to the City of Long La)ce lateral sewer system. The following upgrades and additions have occurred* 1. Construction of the Medina/Orono interceptor, (1981) included construction of a force main from the Medina Morningside area of the City of Medina. This for cemain discharges to the pre-existing Orono gravity lines in Old Crystal Bay Road. 2. The Medina/Orono/Long La)ce bypass consisted of gravity mains linking the original Orono gravity system directly to maim, near the Long Lake pump station, bypassing the Long Lake municipal lateral system to relieve capacity problems created by Orono discharges. 3. Project #1989-1 included laterals, trunks and a lift station/forcemain to serve existing and future development, both residential and commercial, within the Highway 12 corridor indentifled in City of Orono Comprehensive Plan Amendment #2. This project also included construction of a water system and well/pumphouse. C. HACKBERRY HILL SYSTEM. No changes have occurred during the period 1980-1990. D. WAYZATA SYSTEM EXTENSIONS. No changes have occurred to this system during the period 1980-1990. E. CRYSTAL BAY SYSTEM (1985). This system consisted of trunks and laterals to serve the Crystal Bay neighborhood, approximately 85 residential units. Gravity laterals discharge to an injector station at the inter.section of Spates Avenue and t- County Road 15. The injector station discharges directly to the Orono interceptor in County Road 15. F. COUNTY ROAD 15/MARINAS SYSTEM (1900). This system consists of laterals and an injection station discharging directly to the Orono interceptor. This system serves 3 residential units and 2 marina operations. G. MINNETONKA BLUFFS/WEST FERNDALE SYSTEM (1980). This project consists of gravity laterals, low-pressure, small diameter forcemains, and an injector system discharging to the Orono/Long Lake interceptor. This system currently serves 52 residential units, with capacity for additional units. Map 1 indicates the various component sections of the Orono sewer system. 3. Individual systems. Individual privately owned and operated on-site facilities continue to provide safe and adequate sewage treatment for properties located in Orono's rural service area. The City continues to maintain a complete inventory of existing on-site sewage treatment systems. The current inventory of system users is summarized in the following table: Existinq On-Site Sewage Treatment Systems 1980 1991 Residential Residentia1-sea sona1 Churches Retail Boarding Kennel 930 50 4 4 1 5 1 1 Golf Courses Conference Center City Offices Day Care 1 2 1 1,095 (includes farmsteads) 55 (cabins-most on Big Island) (2 with daycare operations) (mar)cet at Hwy 12/County Rd 6) (approved for sewer per Comp Plan Amendment #1 in 1987 but never connected) (2 of 4 have clubhouse connected to sewer, maintenance operations on septic) (Spring Hill - use varies) (5 days/wee)0 (2 separate bldgs) 1 2 1 Total On-Site Osets 997 1,165 The use of on-site sewage treatment systems continues to be carefully regulated by the City to assure adequate public health and environmental protection. Each on-site system is periodically inspected by the City to ensure proper use and adequate maintenance. During the 1980Sr temporary summer inspectors monitored existing systems^ while full-time City staff performed the necessary plan review, new installation inspection and record keeping functions of the on-site program. In 1980-1989, the City issued permits for 311 new septic systems. During this same period, 214 permits were issued for repairs to existing systems. The number of existing systems did not increase commensurately with the number of new systems permitted, because during this same period a number of existing systems were abandoned and connected to municipal sewer. Of the currently approximately 1,100 existing septic systems, approximately 15% use mound type drainfield systems due to soil and water table conditions. Approximately 84% use standard trench type drainfield systems. Approximately 1% of the existing systems are holding tanks, due to extremely small lot sizes or site conditions unsuitable for septic systems. As new development continues in the rural area, the proportion of mound type drainfield systems is expected to increase due to site conditions. Approximately 75% of all new or replacement systems constructed in the City in the last three years have been mound systems. B. NDSA Line Revisions Existing MUSA/MSSR The Metropolitan Urban Service Area (MUSA) within the City of Orono was originally established via Resolution #1135 of the City Council on April 14, 1980. Legal descriptions of specific areas within the City were defined as Parts I through V of Orono's Urban Services Area. Resolution #1337 adopted November 23, 1981 established and legally described parts VI and VII of Orono's MUSA/MSSR Area. Resolution 12131 adopted February 23, 1987 reconfirmed the inclusion of Parts VI and VII, and further added two areas of the 8 city to the Urban Services Area. Those areas are hereby designated as Part VIII (Crystal Bay Sewer Service Area) and Part IX (Fulmer property). Resolution #2437 adopted May 23, 1988 established and described by map additional properties to be included within Orono's MUSA/MSSR, in two distinct areas hereby designated as Part X (western portion Highway 12 Study Corridor) and Part XI (eastern portion Highway 12 Study Corridor). Proposed Revisions of MUSA/MSSR The following additions to the MUSA/MSSR are hereby proposed : Part XII includes 20 properties along North Shore Drive and South old Crystal Bay Road which were served with municipal sewer either in 1963 (adjacent to original Orono trunk line) or which were part of the North Shore/Scotch Pine Lane project in 1981. Area includes Suburban Hennepin Regional Park District's Noerenberg Park. Total area of Part XII is 140 acres. Part XIII consists of the 3-acre residential lot located at 650 North Brown Road, which the City allowed to connect into the adjacent City of Long Lake sewer system in 1986. Part XIV contains approximately 4 acres adjacent to the existing 'Wayzata System Extension', which is being platted Into two 2-acre single feunily residential lots. Part XV is a 24-acre tract within Orono adjacent to and owned by the City of Long Lake. This parcel is subject to a settlement agreement pursuant to a petition for the concurrent detachment and annexation of the property filed by the City of Long Lake with the Minnesota Municipal Board. That settlement agreement is conditioned in part that the City of Orono successfully completes a MUSA line amendment to include this property within the MUSA boundary. The agreement further stipulates that: 1. The City of Long Lake shal 1 extend sewer and water to the property, which shall be chargeable against Long Lake's allocation for sewer and water units; and 2. The City of Orono shall grant sufficient zoning approvals to allow tf e development of 13 residential lots on the property. Such zoning approval is proceeding in the form of a Planned Residential Development granting an area variance to the 2-acre per lot density standards currently in effect. Parts I through XV are depicted on Map 2 and legally described in Exhibit A attached. P. Coonunlty Management Plan Sewer facility planning in Orono continues to be directed by the philosophy and policies contained in the Community Management Plan. The plan continues to call for development in both the urban and rural portions of the City. By limiting the density of development while preserving all natural marshlands, wetlands and drainageways, the quality and quantity of stormwater nutrient pollution will be controlled. Orono's population growth has been significantly less than anticipated by forecasts in the 1980 Comprehensive Plan. The 1980 Plan projected an Orono population of 8,340 for 1990. The 1990 census population figure of 7,285 is virtually equivalent to the 1980 Comprehensive Plan forecast of 7,290 for 1980. The City Is currently projecting a population of 8,200 in the year 2000; 8,950 in the year 2010; and 10,500 at saturation. These figures are consistent with general declines in the birth rate and household size, and reflect Orono's low density development philosophy. 6.Popalatlon/Household/Employraent Projections A significantly rapid decline in the number of residents per household, has resulted in population forecasts made in 1980 being approximately 15% high for 1990. However, the number of households previously forecast for 1990 is within 1% of the 1990 census count for households. The following table represents the City's forecasts for population to the year 2010. These are based on projections for new construction occur»*ing mainly in the rural area, and on the assumption that the decreasing ratio of residents per household will level off at approximately 2.5 residents/house1 old. A further assumption is that the annual increase in households will gradually decline from the 1980-90 average of 49.6 households per year to approximately 25 households per year in 2010. CITY OP ORONO - POPULATION PROJECTIONS Population Forecasts Year 1970 1980 1990 2000 2010 Saturation Urban Area Rural Area 4160 2627 4332 2513 4450 2835 5000 3200 5350 3600 6000 4500 Total City MC** 6787* 6845*7285*8200 7500 8950 8200 10500 * ** Final Census Data Metropolitan Council projections as of 1989 Source: 1970 census; 1980 census; 1990 census; 1990 City records; 2000-saturation estimates based on Metropolitan Council projections and City estimates. Ub Household Forecasts Year 1970 1980 1990 2000 2010 Saturation Urban Area Rural Area 1400 746 1331 960 1692 1095 1950 1250 2100 1400 2400 1800 Total City MC** 2146*2291* 2787*3200 2900 3500 3200 4200 * ** Final Census Data Metropolitan Council projectior*? as of 1989 Source; 19?** census? 1980 census? 1990 census? 1990 City records? 2000-saturation estimates based on Metropolitan Council projections and City estimates. Residents Per Household (estimates) Year Res./Hshld. U70 3.16 1980 2.99 1990 2.61 2000 2010 (2.56) (2.56) Saturation (2.5) Employment Projections (sewered ? Year 1990 2000 2010 Met Council Orono 600 925* 600 1100** 700 1300** * ** 1991 Orono review of existing wor)cplaces Estimate Based on 1988 Comprehensive Plan Amendment H. Oever Facilities Plan Orono's plan for future sewer facilities con..inues to be consistent with the existing local and metropolitan sewer facilities capacities. Comprehensive Plan Amendment #2 adopted in May of 1988 described the necessary system improvements to accomodate the anticipated commercial and residential growth resulting from that Amendment. m The follcwing table provides an update development In the City related to sewer system design capar les. MARCH 1991 PROJECTED SEWER FACILITY USE AMD DEG ION CAPACITY POPULATION Sewer Septic Total households Sewer Septic Total SEHER UNITS Re*. Non-Res. Total Reserve ^ Capacity EXISTING or'/ELOPMENT: 1960- 1990 c*>nsus data I960 Actual 1970 Actual 1980 Actual 1990 Actual 0 2360 3975 4450 5643 4427 2870 2835 564 3* 6707* 6845* 72S5* 0 746 1331 1692 1700 1400 960 1095 1700 2146* 2291* 2707* 1400 1331 1692 29 5 1987 9 33 2920 FORECAST DEVELOPME.NT IN DECADE 1990 - 2000 *^'tro Total 'owth Eatimate Orono Eatlmatcsi -Naw Construction •Sawar existing Davalopaiant Orono Ect. Growth ♦ 550 -335 ♦ 215 ♦ 308 ♦ 2.5 ♦ 700 ♦ 915 ♦ 100 ♦ 335 -135 -♦ 158 ♦ 550 ♦ 365 ♦ 915 ♦ 258 -195 ♦ 308 ^10 ♦ 170 Hatro Estimata Orono Estimata 5000 2500 7500 2000 900 2900 iooo *300 2300 5000 3200 8200 1950 1250 3200 1950 *365 2315 FORECAST development IN DECADE 2000 - 2010 Metre Total Growth Eattmata Orono Estiisatast .New Construction -Sawar Existing Davaiopmant Orono Est. Growth ♦ 800 -100 ♦ 700 ♦ 400 -100 ♦ 300 ♦ 400 ♦15 415 ♦ 280 ♦ 470 ♦ 750 ♦ 120 ♦ 180 ♦ 300 ♦ 120 ♦ 35 155 ♦ 70 -70 -♦ 30 -30 -♦ 30 ♦0 30 ♦ 350 ♦ 400 ♦ 750 ♦ 150 ♦ 150 ♦ 300 ♦ 150 ♦35 185 YEAR 2010 ESTIMATE Metro Estimate Orono Estimate 5800 2400 8200 2400 800 3200 2400 ♦ 315 2^15 375 3090 5350 3600 8950 2100 3500 2100 ♦ 400 2500 583 3083 FORECAST DEVELOPMENT AT SATURATION Orono Eatlmata 6000 4500 10500 2400 1800 4200 I 2400 ♦aS} 3083 3013 Orono-L.L. Interceptor Naytata Direct Total Oaaigo Capacity aw -- - - - 2620 2620 402 3022 68 68 0 68 2688 2688 40 2 3090 3090 86ttr«l city r.cord. o« Hou..hold. ^ IWO-IMO: 2000-J010 Popul.tlon/Hou..hold fer#c..ts. M«tro»cUt.n Council projoctlon. I City o* Orono projoctlon. ot con.tructlon .ctivityr Oo.lan C.p.cityt H-CC Int.rc*^w-r flnol stool«n capoclty por 1*80 Orono Con»roh«noiv* Plan. i f*'- ■ Existing reserve capacities are expected to gradually decrease as growth continues to occur in three categories; 1. Increased flow from existing users. 2. Infill urban development 3. New urban development, including commercial and multiple family residential development in the Highway 12 corridor. Additionally, the 1980 Comprehensive Plan provided a framework for identifying and resolving existing sewage treatment problems in pre-existing rural housing clusters. Five clusters identified in the 1980 Comprehensive Plan were the subject of Alternative Waste Management Studies i;. the period 1980 to 1990, resulting in four of the five clusters being served with municipal sewer laterals discharging to existing MWCC interceptors . Based on a 1979 study conducted as part of the on-site inspection program, municipal sewers were recommended for the Minnetonka Bluffs - West Ferndale (Brown's Bay) area as well as the North Shore Drive/Scotch Pine area. Completion of those lateral systems occurred in I'^Ol. As a result of an Alternative Waste Management Study completed for the Crystal Bay neighborhood of Orono in 1985, municipal sewer installation was recommended for approximately 85 existing residences on small lots. Municipal sewer laterals and an injector station were completed to serve these properties in 1986. The fifth of f_.e areas to be considered for alternative waste management options was the Stubbs Bay area. The study completed in February 1988 recommended that approximately 80 existing residences on substandard lets and an addicional 10 to 15 vacant substandard lots in single separate ownership be provided with municipal sewers. A number of public information meetings have been held with the affected Stubbs Bay property owners to discuss the need for and costs of this project. However, the City Council has not yet ordered installation of municipal sewers for the Stubbs Bay are due to the high costs involved relative to the property values in the srea. The lack of available State or Federal funding for retrofitting neighborhoods with sewer laterals has forced the City to fund such high-cost projects locally. While it has been the City’s policy that individual neighborhoods will bear the cost of solving their sewage disposal needs, the courts have generally held that properties cannot be assessed amounts in excess of the actual value added to the property by a specific project. in the past, the City of Orono has been forced to participate in the cost of local lateral system construction as a result of the assessment appeals process. Alternative waste management studies completed in the 1980s have carefully considered the optional solutions for treatment difficulties enumerated in the 1980 Comprehensive Plan. In each case, the relSwive proximity to the existing sewer trunk lines or interceptors has made the option of sewer lateral installation the most feasible solution. A number of rural clusters of existing development have a potential for further septic system problems due to lot sizes less than the T acre minimum and marginal soil/topographic conditions. These clusters will be monitored closely to ensure continued adequate sew«;i7e treatemert and disposal. If probl^s occur which cannot be solved through on-site methods, alternative waste management studies will be conducted to determine the best possible solutions. These clusters are identified in detail in the 1980 Comprehensive Plan and iclude: 1. 2. 3. 4. 5. 6. Cygnet Place Bay Ridge Foxhill Webber Hills Fox Ridge Bracketts Point 7. 8. 9. 10. 11. Orono Orchard Road East Long Lake Road North Long Lake Country Club Chippewa Lane I. Expected Sewer improvements Based upon the existing sewer facilities, the Metropolitan Interceptor capacity assigned to Orono, and the foregoing alternative waste management studies, the following improvements as shown on Map 3 are expected to be constructed in the period 1990-2000 s - -r." . 1. Stubbs Bay - construction of combination gravity and forcemain sewer laterals along Bayside Road and adjacent local streets serving approximately 90 existing units. Anticipated construction year: 1993. (Will require a future MUSA line amendment). 2. Highway 12 interceptor - construction of gravity or forcemain interceptor to accommodate anticipated flows from future development along Highway 12. Possible options may include: A. Construction of a gravity interceptor parallel to and in addition to the existing Long Lake bypass. B. Replacement and enlargement of the existing Long Lake bypass. C. Rerouting of all flows from Medina and Orono from the current connection to the Long Lake bypasSf down Old Crystal Bay Road to the Orono pump station. 3. Garden Lane - private developer extension of gravity sewer laterals to serve 10-20 new units within the MUSA. Expected construction year: 1995. 4. Baldur Park - private developer extension of gravity sewer lateral service to serve four new units within the liOSA. Expected construction year: 1993. 5. Existing individual system improvements - the on-site management program is expected to continue enforcing major improvements to, or replacement of, 15-20 existing on-site systems each year for the next 10 years. ■ ■ r Expected Sewer Connections and On-site Installations» 1991—2000 ESTIMATED CONNECTIONS TO SANITARY SEWER 1991 1992 1993 1994 1995 1996 1997 1998 1393 2000 TOTAL 19d0-l990 TOTALS NE¥LY CONSTRUCTED UNITS 10 10 10 10 10 10 10 10 10 10 100 190 EXISTING UNITS NCWLY SEWERED 10 10 20 20 20 20 15 15 15 15 160 175 TOTAL SEWER UNITS ESTIMATED ON-SITE INSTALLATIONS 20 20 30 30 30 30 25 25 25 25 260 365 NEWLY CONSTRUCTED UNITS 35 35 35 35 35 30 30 30 25 25 315 310 REPLACEMENT OR MAJOR REPAIRS 20 20 20 20 20 15 15 15 15 15 175 210 TOTAL ON-SITE UNITS 55 55 55 55 55 45 45 45 40 40 490 520 J. Infiltration/Inflow Abatement In 1981r Bonestroo and Associates completed an Infiltratlon/inflow (I/I) analysis of the Orono sanitary sewer collection system. This report was in response to the Water Pollution Control amendments of 1972 and the Clean Water Act of 1977. The study determined the degree of excessive inflltratlon/inflow to the system and recommended abatement measures. Infiltration is defined as the water entering a sewer system and service connections from the ground through such means asr but not limited to, defective pipes, pipe joints, connections, or manhole walls. By contrast, inflow is water discharged into a sewer system and service connections from such sources as roof leaders, cellar, yard, and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole lids, storm waters, surface run-off, street wash waters, or drainage. Although some infiltration and inflow is inherent in any constructed sewer system, the objectives of reducing excessive infiltration/inflow are: 1. The elimination of untreated wastewater bypasses and overflows. 2.A lower total cost of treatment works. ML 3. Avoidance of unnecessary treatment works capacity construction . 4. The reduction of total wastewater volume which must be treated. The I/I analysis# completed strictly for the southwest Orono collection system, determined that 32% of the total flow was infiltration/inflow. The study found that two districts within the study area were subject to potentially excessive I/I. These districts were analyzed from the cost effectiveness of transporting and treating the wastewater versus the location ard rehabilitation of I/I sources. It was determined that the cost of locating and rehabilitating the I/I sources would exceed the cost to transport and treat these flows. Based on the conclusions of the report# the following recommendations were made: 1, That the City of Orono initiate and carry out a continuous I/I identification and correction program. 2. That the City promote public awareness of the illegality and consequences of foundation drains discharging to the sanitary sewer system. Because the City of Orono sanitary sewer collection system has been constructed from a variety of piping materials and is located in variable ground water and topographic conditions# the City has developed an ongoing plan for abatement of infiltration and Inflow. This plan includes the following: 1. Routine and ongoing televising of the system. Where televising indicates sources of infiltration# chemical inj-^ction treatment is applied to the source to eliminate the infiltration. This procedure has proved especially effective in the older clay tile portions of the system which are subject to a relatively higher potential rate of joint failure and contain a relatively high number of joints. 2. Ongoing visual inspection of manholes# and installation of n.opr.n. lin.rs where they would prove effective In reducing infiltration. 3. Installation of manhole guards, a system which eliminates surface water inflow into manholes sutiect to occasional inundation. 4. Use of state-of-the-art technology in the design and construction of all new sewers added to the system. The City's goal is to limit I/I to no more than 25% of the total floWf and reduction below 25% in all locations where that is feasible and practical. K, Ordinances, Controls, JUSministration and Enforcement The City of Orono began regulating on-site sewage treatment systems in 1961. Municipal sewer connections have been regulated since 1964, the year that the first municipal sewers were available. A number of ordinances applicable to sewage treatment in the City are listed in the 1980 Comprehensive Plan. The following ordinances adopted since 1980 apply to sewage treatment in the City: Ordinance #246 - December 30, 1982 REGULATING SEWAGE DISPOSAL SYSTEMS ON LAKE MINNETONKA ISLANDS, including minmum requirements for seasonal residential properties. Ordinance #34, 2nd Series - April 27, 1987 Additionally, to adopt the MPCA treatment systems. ESTABLISHING SANITARY SEWER CONNECTION CHARGES for properties connecting to municipal sewer but not previously assessed. the City is currently reviewing an ordinance Chapter 7080 standards for on-site sewage I. V.CONSISTENCY WITH METROPOLITAN PLANNING POLICIBS & GDIDELINES A. Population, Household and Employment Forecasts The City of Orono estimates for population and households in the year 2000 are approximately 10% greater than the estimates provided by Metropolitan Council. The City predicts that the rate of growth in the number of households will gradually decrease from the relatively high levels of the 1980’s. However, because most of the growth is anticipated in the rural zones, the number of dedicated residential sewer units will not exceed Met Council estimates for the year 2000 or the year 2010. A 1991 study of existing sewered employment indicated levels somewhat higher than predicted by the Metropolitan Council. With the Highway 12 Corridor Amendment approved in 1988, sewered employment is expected to grow modestly in the next two decades at approximately 2% per year . B.Sewered Population, Housing, Plows .-Mie loyment and Wastewater The City of Orono forecasts that sewered population in years 2000 and 2010 will be equivalent to or slightly lower than predicted by Metropolitan Council projections. Similarly, Orono forecasts that sewered households will be slightly less than Met Council projections, because the bulk of residential growth in the City will likely be in rural zones. Potential multiple family development in the Highway 12 Study Corridor, approved in the 1988 Comprehensive Plan Amendment, may contribute to sewere population household numbers being very near the Met Council estimates. Approximately 93% of Orono's total employment is sewered. As not.d abova, sewered employment is expected to because of the 1988 Comprehensive Plan Amendment which allowed for approximately 60 acres of additional commercial development along Highway 12. The additional wastewater f] ws anticipated from this development were approved by t e e Council in 1988, and no other significant land use revisions for neighborhood sewer retrofit projects will significantly af ec projected wastewater flows. jjjulwiik w I V' I-?:<P i' D. Rural Area Density The Metropolitan Council requires that local governments allowing densities in excess of 4 units per 40 acres shall incorporate MPCA Regulations Chapter 7080, keep permit records, license contractors, require correction of existing system problems, provide trained personnel, and incorporate post- installation inspection and maintenance as part of their on-site system management controls. Orono's current on-site system management program, initiated in 1978, contains each of these elements, and therefore is consistent with Metropolitan Council requirements for management of individual on-site sewage treat ment and disposal systems. B. Private Wastewater Treatment Plants The City of Orono currently has no private wastewater treatment plants which discharge to surface waters. Consistent with Metropolitan Council guidelines, under no circumstances will such private wastewater treatment plants be allowed in the City of Orono. Any changes in this position are acknowledged to require a future Comprehensive Plan Amendment. P. MUSA Line Revisions The MUSA line revisions proposed with this amendment merely update the boundaries to include existing sewered development, or provide for minimal increases in expected wastewater flows. The addition of these areas to the Urban Service Area does not require any changes in Metropolitan Systems, and therefore is consistent with Metropolitan Council policies. urns F Hv- i' APPENDIX A MUSA LEGAL DESCRIPTIONS PART I (NAVARRE/POREST LAKE/TONKAWA } Sv- f *• .. Commencing on the west line of Section 1, T 117 N, R 23 W, 1628.66 feet south of the northwest corner; thence easterly 400 feet parallel with the north line of the southwest 1/4 of the northwest 1/4 Section 7; thence northerly 300 feet parallel with the west line of Section 7 to the north line of the southwest 1/4 of the northwest 1/4; thence easterly along the north line 365 feet + to a point on the centerline of Highview Avenue 30 feet south of the southwest corner Lot 96 Tonkaview Gardens; thence northerly 558.5 feet along the west line of Lot 96 to the northwest corner; thence easterly 568 feet to the northeast corner of Lot 95; thence south along the east line of Lot 95, 554.7 feet to a point on the centerline of Highview Avenue 30 feet south of the southeast corner of Lot 95 Tonkaview Gardens; thence easterly 664.8 feet along the south line of the northeast 1/4 of the northwest 1/4 Section 7; thence northerly 659.5 feet to a point 30 feet north and 30 feet west of the northwest corner of Lot 14, Block 3, Mount Home Additions; thence easterly to the southeast corner of the northeast 1/4 of the northeast 1/4 of the northwest 1/4, Section 7; thence north along the east line of the northwest 1/4 to a point on the north line of Section 7, 2694.86 feet east of the northwest corner of Section 7; thence east 330.5 feet along the north line of Section 7 to the PC of a curve deflecting south with a radius of 954.93 feet central angle 46 degrees 54 minutes 15 seconds; thence 727.39 feet along the curve to the centerline of Orono Road; thence northeasterly along the centerline of Orono Road 111.45 feet to the PC of a curve deflecting to the left; thence 359.3 feet along the curve with a central angle of 71 degrees 52 minutes radius of 246.48 feet; thence north 26 degrees 39 minutes west 872.45 feet to the PC of a curve deflecting to the left with a radius of 330.65 feet central angle 41 degrees 25 minutes; thence 239.01 feet along the centerline of curve; thence north 68 degrees 04 minutes west. 106.52 feet; thence south 22 degrees 18 minutes west, 143.73 feet; thence north 80 degrees 08 minutes 45 seconds west, 236.7 feet; thence north 41 degrees 47 minutes 25 seconds west, 131.72 feet;thence north 22 degrees 18 minutes east, 190.55 feet to the centerline of North Arm Drive; thence easterly parallel with the north line of the southwest 1/4 of the southeast 1/4 Section 6 to the shore of Lake Minnetonka; thence northerly along the shoreline of Lake Minnetonka to a point 330 feet south of the northeast 1/4 of the southeast 1/4 Section 6; thence north 0 degrees 16 minutes west, 136.9 feet; thrnce north 58 degrees 26 minutes east, 373.84 feet; thence north 11 degrees 24 minutes west, 63.83 feet; th'nee north 73 degrees 29 minutes east, 183.32 feet; thence south 7 ,rees 59 minutes east, 114.34 feet; thence north 89 degrees 40 minutes east, 156.92 feet; thence south 0 degrees 03 minutes east 330 feet; thence north 89 degrees 34 minutes east, 655.68 feet to *-he east line of Section 6; thence 330 feet north 0 degrees 08 minutes west along the east line to the west quarter corner of Section 5; thence east along the centerline of Section 5 to the shore of Lake Minnetonka; thence southerly following the shore of Lake Minnetonka to a meander corner on the south line of Section 5, 169.83 feet east of the south quarter corner; thence continuing south and then east in Section 8 along the shoreline of Lake Minnetonka to the east line of Section 8; thence continuing northeast in Section 9 along the shoreline of Lake Minnetonka to the Noerenberg Channel; thence southeast through the channel; thence southwesterly alor'’ the shoreline of Lake Minnetonka to the south line of Section 9; thence south in Section 16 following the shoreline of Lake Minnetonka around Bohns Point to the west line of Section 16; thence west and north along the shoreline of Lake Minnetonka in Section 17 to the south line of Section 8; thence northerly and westerly following the shoreline of Lake Minnetonka; thence southerly along the shoreline to the south line of Section 8; thence southerly along the shoreline of Lake Minnetonka; thence easterly along the shoreline of Lake Minnetonka to the oast line of Section 17; thence southerly along the east line of Section 17 r to the southeast corner of Section 17; thence east along the north line of Section 21 to the shoreline of Lake Minnetonka; thence south and east along the shoreline of Lake Minnetonka to the Narrows; thence southwesterly through the Narrows to the shoreline of Lake Minnetonka; thence westerly along the shoreline of Lake Minnetonka to the west line of Section 21; thence northwest along the shoreline of Lake Minnetonka in Section 20; thence southwest along the shoreline of Lake Minnetonka; thence southeasterly around Casco Point; thence northwest along the shore of Lake Minnetonka# to a point on the south line of Section 17, 2251.8 feet west of the south quarter corner of Section 17, thence east 268.25 feet along the south line; thence northerly 593.32 feet to the south right-of-way line of the Burlington Northern Railroad; thence northeast 665.24 feet along the south right-of-way line of the Burlington Northern Railroad to the west line of the southeast 1/4 of the southwest 1/4 Section 17; thence northerly 102.28 feet; thence northeast 100.24 feet along the north line of the Burlington Northern Railroad to a point 98 feet east of the west line of the southeast 1/4 of the southwest 1/4 Section 17; thence north 424.9 feet along a line 98 feet east and parallel to the west line of the southeast 1/4 of the southwest 1/4 Section 17; thence west 98 feet to the west line; thence north 895 feet along the west line of the southeast 1/4 of the southwest 1/4 Section 17; thence east 1040 feet + to the centerline of County Road 19; thence northerly along the centerline of County Road 19 to a point 33 feet + west of the northwest corner of Lot 1, Block 1, Wileys Park; thence northerly along the centerline of County Road 19 to a point 33 feet + west of the northwest corner of Lot 36, Shadywood Addition, Section 17, T 117 N, R 23 W, Hennepin County, Minnesota. Thence northwesterly along the shore of Lake Minnetonjca to the west line of Section 17, T 117, R 23 W, Hennepin County, Minnesota; thence southwest around Fagerness Point; thence northeast to the east line of Section 18; thence northerly in Section 17 to the east line of Section 18; thence northwesterly along the shore of Lake Minnetonka to the south line of Section 7; thence westerly in Section 7 to the north line of Section 18; thence westerly in Section 18 to the south line of Section thence northwesterly along the shore of Lake Minnetonka to the west line of Section 1, T 117, R 23 W, Hennepin County, Minnesota; thence north along the west line to the point of beginning and there terminating. PART II (ORONO SCHCX)LS/INDUSTR1AL PARK) Commencing on south quarter corner of Section 29, T 118 N, R 23 W, Hennepin County, Minnesota; thence north 750 feet along the center of Section 28; thence west 903 feet parallel with the south line of Section 28; thence south 750 feet para) lei with the centerline of Section 28 to a point on the south line 900 feet + west of the south quarter corner; thertce south in Section 33 parallel with the centerline of Section 33 to a point on the south line of the nortneast quarter of the northwest quarter of Section 33, 900 feet west of the center of section line; thence east along the south line of the northeast quarter of the northwest quarter to the southeast corner of the northeast quarter of the northwest quarter Section 33; thence south along the west line of the northeast quarter to the southwest corner of the northeast quarter; thence east along the south line of the northeast quarter of Section 33, to a point 1089 feet west of the east line of the northeast quarter; thence north parallel with the east line to the north line of the south cne-half of the northeast quarter of Section 33; thence west along the north line of the south one-half of the northeast quarter to the northwest corner of the southwest quarter of the northeast quarter of Section 33; thence north along the west line of the northeast quarter to the point of beginning and there terminating. s.. PART III (HACKBERRY) Commencing on the southeast corner of Section 33, T 118 N, R 23 W, Hennepin County, Minnesota; thence north 1321.6 feet along the east line; thence west 659.22 feet to the northwest corner of Lot 1, Block 2, Daniels Long Lake Heights; thence south 1321.54 feet to a point on the south line of Section 33; 659.22 feet west of the southeast quarter; thence east to the point of beginning and there terminating. PART IV (HERRICK CIRCLE) I h- h. , Commencing on the northeast corner of Lot 3, Block 1, Herrick Circle, Section 36, T 118 N, R 23 W, Hennepin County, Minnesota; thence south 82 degrees 36 minutes 04 seconds west, 765.08 feet to the centerline of Long Lake Road; thence south 49 degrees 25 minutes 02 seconds east, 112.06 feet to the PC of a curve deflecting to the right central angle 11 degrees 22 minutes and radius of 2000 feet; thence 397.06 feet along the curve; thence along the centerline of Long Lake Road to the intercept with the east line of the southwest quarter of Section 36; thence north along the east line to the point of beginning and there terminating. PART V (CBBVY CHASB/PBRIIDALE GREEN) Commencing on the southeast corner of Section 36, T 118 N, R 23 W, Hennepin County, Minnesota; thence north along the east line of Section 36 to the east quarter corner; thence west 1328.42 feet to the northwest corner of Lot 16, Block 1, Hill i- L- . =■ O'Way Manor Addition; thence south 1101.4 feet along the west line of the Hill O'Way Manor Addition to the north line of the Luce Line Trail; thence south 43 feet + to the centerline of the Luce Line Trail; thence southeasterly 875 feet + along the centerline of the Luce Line Trail; thence south 60 feet + to the northwest corner of Lot 5, Block 1# Allo-Rae Terrace Addition; thence south 1171.93 feet along the west line of the Allo-Rae Terrace Addition to the south line of Section 36; thence east to the point of beginning and there terminating. PART VI (NTKA. BLOFPS/ORONO LANB/WEST PERNDALB) Commencing at the northeast corner of the southwest quarter of the southwest quarter of Section 2, T 117 N, R 23 W, Hennepin County, Minnesota; thence east 330 feet along the north line of the southeast quarter of the southwest quarter of Section 2; thence south at right angles 375 feet + to the centerline of County Road 15; thence 380 feet + southwesterly along the centerline of County Road 15 to the east line of the southwest quarter of the southwest quarter; thence southerly along the centerline of County Road 15 370 feet + on a curve deflecting to the left; thence southerly along the centerline of County Road 15, 101.4 feet on a curve deflecting to the right central angle 6 degrees 05 minutes; thence south 29 degrees 25 minutes east 65 fest + to the shore of Lake Minnetonka; thence northerly along the shore of Lake Minnetonka to the east line of the southwest quarter of the southwest quarter Section 2; thence easterly along the shore of Lake Minnetonka to the east line of the southeast quarter of the southwest quarter of Section 2; thence easterly along the shore of Lake Minnetonka to the east line of the nouthwest quarter of the southeast quarter Section 2; thence easterly along the shore of Lake Minnetonka to a point 235.3 feet west of the east line of the southeast quarter of the southeast quarter; thence north parallel with said east line to a point i: r';' t:-r F: . ■ 721.88 feet south and 235.3 feet west of the northeast corner of the southeast quarter of the southeast quarter of Section 2; thence east 235,3 feet to the east line of the southeast quarter of the southeast quarter of Section 2, thence 721.88 feet to the northeast corner of the southeast quarter of the southeast quarter of Section 2; thence west along the north line to the northeast corner of the southwest quarter of the southeast quarter Section 2; thence west 945 feet + along the north line of the southwest quarter of the southeast quarter; thence northwesterly 150 feet +; along the centerline of Ferndale Road west thence northwesterly 275 feet + along the centerline of Ferndale Road West on a curve deflecting to the left with radius of 287.42 feet to a point on the west line of the northwest quarter of the southeast quarter of Section 2, 1132 feet + south of the northwest corner; thence north along the west line to a point 965.2 feet south of the northwest corner of the northwest quarter of the southeast quarter of Section 2; thence 150.5 feet northeasterly along the north right-of-way line of the Burlington Northern Railroad; thence 155.8 feet northerly; thence 95 feet westerly to a point on the west line of the northwest quarter of the southeast quarter Section 2 and 741.5 feet south of the northwest corner; thence north 114.3 feet along said west line# thence west 47.05 feet along the north line of Dickenson Street; thence northwesterly 271.7 feet; thence westerly 115.7 feet; thence south 242.6 feet to the centerline of Dickenson Street; thence westerly along said centerline 994.34 feet to the west line of the northeast quarter of the southwest quarter of Section 2 and 659.04 feet south of the northwest corner; thence south along said west line 660 feet to the point of beginning and there terminating all located in Section 2, T 117 N, R 23 W, Hennepin County# Minnesota. r' FART VII (CODliTY ROAD 15 MARINAS) Commencing at the northwest corner of Section 11, T 117 N, R 23 W, Hennepin County, Minnesota; thence easterly 1125.09 feet aong the north line of Section 11 to a meander corner at the northeast corner of Government Lot 1; thence south 10 degrees east, 585.4 feet to the point of the beginning; thence south 67 degrees 48 minutes west, 192.97 feet to the shore of Tanager Lake; thence southerly dong the shore of Tanager Lake to a point 300 feet north of the south line of the north one-half of the northwest quarter of Section 11; thence easterly parallel with said south line to the shore of Lake Minnetonka; thence northerly along the shore of Lake Minnetonka to a point 14.3 feet north 67 degrees 48 minutes east of the point of beginning; thence to the point of beginning and there terminating. All in Section 11, T 117 N, R 23 W, Hennepin County, Minnesota. PART VIII (CRYSTAL BAY) Beginning at the southwes** corner of the northeast quarter of the southwest quarter of Section 10, T 117 N, R 23 W; thence west along the centerline of County Road 51 a distance of 474.5 feet; thence north 0 degrees 01 minutes 19 seconds east a distance of 459 feet; thence east a distance 474.5 feet; thence north 0 degrees 01 minute 19 seconds east a distance of 1651 feet to the northwest corner of Lot 1, Block 3, Maxwell's Addition to Crystal Bay; thence northerly to the northeasterly line of Lake View Avenue; thence southeasterly along the north easterly line of Lake View Avenue a distance of 383.91 feet; thence north 54 degrees 15 minutes east a distance of 428.33 feet to the centerline of Willow Drive; thence southeasterly along the centerline of willow Drive to the extended southeasterly line of 8 laideilliiidiiaillllil 9 r P: ■ ■ |: K'- H S"'':v is 'J: r- the plat of Minnetonka View (vacated); thence north 41 degrees 00 minutes east a distance 234.54 feet; thence east a distance 388.99 feet to the centerline of Brown Road; thence southerly and southwesterly along the centerline of Brown Road to its point of intersection with the extension of the southwesterly line of Lot 2, Block 1, "Ora Park"; thence southeasterly along said extended southwestern line of Lot 2, Block 1, "Ora Park" to the southerly corner of said Lot 2; thence northeasterly along the southeasterly lines of Lots 1 and 2, "Ora Park", to the easterly corner of said Lot 1; thence northeasterly to the northeasterly line of Grand Avenue; thence southeasterly along the northeasterly line of Grand Avenue extended to the shoreline of Lake Minnetonka; thence southwesterly along the shoreline of Lake Minnetonka to the extended centerline of County Road 51; thence west along the center line of County Road 51 to the point of beginning. PART IX (FULi PROPERTY) That part of the southwest quarter of the northeast quarter of Section 32, T 118 N, R 23 W, lying northeasterly of the Burlington Northern Railway. PART X (Bl<mHAy 12 CORRIDOR WEST) Commencing at the northwest corner of the northwest quarter of the southeast quarter of Section 28, T 118 N, R 23 W; thence south along the west line of the northwest quarter of the southeast quarter to its intersection with the center line of County Road 6, the actual point of beginning. Thence easterly along the centerline of County Road 6 to the east line of Section 28; thence “outh along said east line to a point 675.56 feet K- north of the southwest corner of the northwest quarter of the northwest quarter of Section 34# T 118 N# R 23 W# said point being the intersection of Willow Drive and the southerly leg of Dickey Lake Drive; thence easterly# southeasterly and northeasterly along the center line of Dickey Lake Drive to the centerline extended of Pine Ridge Lane; thence southeasterly and easterly along the centerline of Pine Ridge Lane and Pine Ridge Lane (vacated) to the east line of the northwest quarter of the northwest quarter of Section 34; thence north to the northwest corner of the northeast quarter of the northwest quarter of Section 34; thence easterly along the north line of Section 34 to the centerline of Brown Road; thence southerly along the centerline of Brown Road to the centerline of U.S. Highway 12; thence westerly along the centerline of U.S. Highway 12 to the west line of Section 34; thence westerly along the centerline of U.S. Highway 12 to the southwest corner of the northwest quarter of the northeast quarter of Section 33# T 118 N# R 23 W; thence south 250 feet; thence west 125 feet; thence north 250 feet; thence east 125 feet; thence north along the west line of the east half of Section 33 to the north line of Section 33; thence north along the west line of the east half of Section 28# T 118 Nf R 23 W to the point of beginning. PART XI (HIGHWAY 12 CORRIDOR EAST) Parcel A: That part of the southwest quarter of the southeast quarter of Section 35# T 118 N# R 23 W lying southerly of the Luce Line Trail right-of-way, except that part lying southwesterly of the northeasterly right-of-way line of the Burlington Northern Railway right-of-way. And >■ Parcel B: Commencing at a point in the west line of the southeast quarter of the southeast quarter of Section 35, T 118 N, R 23 W a distance 29.7 feet north from the Burlington Northern Railway right-of-way; thence north to the south line of the Luce Line Trail right-of-way; thence easterly along said south line to the southwesterly right-of-way line of U.S. Highway 12; thence southeasterly along said highway right-of-way line to a point distant 385 feet north from the south line of the southeast quarter; thence west to the point of beginning. PART XII (NORTH SHORB/SCOTCH PINB/OLD CRYSTAL BAY ROAD) Commencing at the southerly corner of Lot 3, Block 1, Dicon Addition, Hennepin County, Minnesota; thence northwesterly and westerly along the shoreline of Crystal Bay, Lake Minnetonka to the Noerenberg Channel; thence along the shoreline of Noerenberg Channel to the shoreline of Maxwell Bay, Lake Minnetonka; thence northeasterly along the shoreline of Maxwell Bay, Lake Minnetonka to a point in the south line of the north half of the southwest quarter of the northeast quarter of Section 9, T 117 N, R 23 W; thence easterly along said south line to the centerline of County Road 84; thence northerly and northwesterly along the centerline of County Road 84 to a point 1237.5 feet south of the north line of Section 9; thence east to the east line of the northwest quarter of the northeast quarter; thence south to the southeast corner of the northwest quarter of the northeast quarter of Section 9; thence east along the south line of the northeast quarter of the northeast quarter of Section 9 to a point 330 feet west of the east line of Section 9; thence south 40 degrees east to the shoreline of French Lake; thence southwesterly along the shoreline of French Lake to its intersection with the north westerly line of Lot 1, Block 1, Kathleen's French Lake Addition; thence south 61 degrees 07 minutes 32 seconds west to the point of intersection with the east corner of Lot 1, Block 1, Colwell Mm t-.: Pv. : ■ Addltionj thence south 61 degrees 07 minutes 32 seconds west a distance of 702.67 feet? thence south 14 degrees 50 minutes 08 seconds east a distance of 112.04 feet? thence south 57 degrees 46 minutes 33 seconds west a distance of 345.4 feet? thence northwesterly 171.2 feet along the northeast line of Lot 3, Block 1, Colwell Addition? thence westerly 336 alorg the north line extended of Lot 3, Block 1, Colwell Addition? thence southerly along the westerly boundary of Outlot A, Colwell Addition to the centerline of County Road 51? thence southeasterly along the centerline of County Road 51 to its Intersection with the extended southeasterly line of Lot 3» Block 1, Dicon Addition? thence south 30 degrees 57 minutes 44 seconds west to the point of beginning and there ending. PART XIII (650 BROUN ROAD NORTH) That part of Government Lot 1» Section 34^ T 118 R 23 W lying south of a line drawn east at right angles to the west line of said Government Lot 1 from a point thereon distant 1179.7 feet south along said west line from the northwest corner of said Government Lot 1. Except that part lying easterly of the northeasterly extension of the northwesterly line of Block 8, Town of Long Lake# according to the United States Government Survey thereof# Hennepin County# Minnesota. PART XIV (FAIRNAT BILLS ADDITION)(PENDING) That part of Lots 1 and 2# Block 1 and Outlot A# Fairway Bills Addition# lying west of the east 500 feet of the southeast quarter of the southeast quarter of Section 36# T 118 N# R 23 W. PART(LONG LAKE - FLEMING TRAIL ADDITION)All that part of Government Lot 2, Section 35# Township 118# Range 23# Hennepin County# Minnesota# described as follows:Beginning at the intersection of the northerly right-of-way line of the Burlington Northern Railroad (foinnerly the Great Northern Railroad# and the St. Paul# Minneapolis and Manitoba Railroad)# with the west line of said Government Lot 2; thence southerly on said west line to a point 628.32 feet (9.52 chains) north of the southwest corner of said Government Lot 2# which point is the intersection of the southerly right-of-way line of said railraod with said west line; thence easterly along said southerly right-of-way line 496.32 feet (7.52 chains); thence south to a point on the south line of said Governemnt Lot 2 and 479.82 feet (7.27 chains) east of the southwest corner thereof; thence east on said south line to the southeast corner thereof; thence north on the east line of said Government Lot 2 to its intersection with the northerly right-of-way line of said railroad; thence westerly along said northerly right-of-way line to the point of beginning# excepting and reserving the right-of-way of said railroad; That part of Government Lot 2# Section 35# Township 118# Range 23# described as follows: Beginning at a point on the South line of said Government Lot 2 distant 317.82 feet East of the Southwest corner thereof; thence East along said South line 162.00 feet; thence deflecting left 254.50 feet on a line which if extended would intersect the southerly right-of-way line of the Burlington Northern Railroad (formerly the Great Northern Railway and the St. Paul# Minneapolis and Manitoba Railroad) at a distance of 496.32 feet easterly, measured along said right-of-way line from the west line of said Government Lot 2; thence southwesterly to the point of beginning .All that part of the Southwest Quarter of the Southwest Quarterof Section 35, Township 118, Range 23, Hennepin County,Minnesota, described as follows: Beginning at a point on the east line of said Southwest Quarter of the Southwest Quarter distant 953 feet north of the southeast corner of said Southwest Quarter of the Southwest Quarter; thence north to the northeast corner of said Southwest Quarter of the Southwest Quarter; thence west to the northwest corner of said Southwest Quarter of the Southwest Quarter; thence south along the west line of said Southwest Quarter of the Southwest Quarter to a point 883.08 feet (13.38 chains) north of the southwest corner of said Southwest Quarter of the Southwest Quarter; thence southeasterly along the centerline of Orono Orchard Road (formerly )cnown as Orono Road) to a point 83 8 feet northwesterly along said centerline from its intersection with the south line of said Section 35; thence northeasterly 1111.8 feet to the place of beginning. • ^ A APPENDIX B FLOW CAPACITY DOCUMENTATTOM m Bonestroo Rosene Anderllk & Associates OBO O jov(#t C */<»«»• I Wrv*j 9w^*‘ 4t0O t TufTe» »{ (jl#r»r • C *• f V.J-*n U f6rf-W> CngJnMf* A Architects May 9, 1991 City of Orono Bok 66 Crystal Bay, Minnesota S5323 Attn: Mike Gaffron Re: Comprehensive Plan Review Our File No. 13‘) fftf a kkJtdDr X *o*r» Oonma C '6 ;»'«> • *i»> Jor Pf » Kjr *f Vo • ►#tO #>€ T fjJtTvervs •{ ►30*-t i OfkrB} o UruatA X Awirrvjr C ».m*- Hornet I Vjur«] ** tV'TTVtf' ^ Mjre t 1^ *t •t®r^ C •ussr* ^ • • t •'>gui Ojr>^ i |(3gr*inr Mart A 'f J Af v*Viei Manege At Mart O Af a Ar»ae»vjr» • Sar, e»^irie' At M«n f iA'>ire P| *, rira>-r- ■ a| l Afc^rsart • • <• Vjnri M Ae>j • C a e*** t) A* .e; ae CAv#* Af Bmrw a P^oe- % *1 ja'> A Merv A* • f • *u*' iA»» M AjMf-^ta^ >MnaAt M I •str* lUY 1 5 iS9* Dear Mike: We have reviewed the comprehensive plan information and have determined that the City will havj adequate capacity to meet the demand for the 20 year planning period (1990-2010). Tlie projected demand is for 2,500 equivalent residential units connected to the sanitary sewer system for the year 2010. This would be an average flow of 0.69 MGD for the City. The flow from the Orono Lift Station is estimated at 0.35 MGD and the Orono flow from the Long Lake Lift Station is estimated at 0.14 MGD. The current flow from the Orono and Long Lake Lift stations is as follows: Orono Itift Lonj* Lake Lift Annual Daily AnnUiU Dailey Flow Flow Flow Row 1986 188.4 0.52 MGD 20.2 0.06 MGD 1987 135.0 0.37 MGD 16.2 0.04 MGD 1988 130.5 0.36 MGD 16.0 0.04 MGD 1989 124.7 0.34 MGD 18.6 0.05 MGD 1990 147.3 0.40 MGD 27.3 0.07 MGD The Orono Lift Station has an average flow capacity of 0.89 MGD. The Long Lake Lift Station has an average flow capacity of 1.10 MGD. The Lift Station capacities will not be exceeded within the planning period based on projected development. Please a^ntact this office, if you have any questions. Yours very iruly. BONESTRCtO, ROSENE, ANDERLIK &. .\SSOCL\l ES. INC Gleno R. Cook 233S \Vest Highway 36 • St. Paul. Minnesota SSI 13 • 612 636-4600 TO: PROM: DATE: RE: jAff pStephen Weckman, On-Site Systems Manajysr ^ ^ 7 Orono City Council January 17, 1992 laerCiTy Proposed Changes to the Orono Municipal Code Related to On-Site Sewage Treatment Systems I Orono's On-Site Sewage Treatment Code is in need of revision. Since the septic code was last revised in 1978, construction techniques and State of Minnesota minimum requirements have changed considerably. Our existing "On-Site Sewage Treatment System Design Manual" (Resolution #894) is out of date. The Minnesota Pollution Control Agency is moving towards a state-wide acceptance of the "Individua'' Sewage Treatment Systems Standards Chapter 7080" within the next few ears. Chapter 7080 is already mandatory in shoreland areas. Chapter 7080 replaced the "WPC-40" state recommended code of the late 1970's, on which cur current code was modeled). The purpose of this memo is to describe the changes proposed to bring our code up to date. In Section 5.37 we propose that all septic installers licensed in Orono have at least a provisional "Individual Sewage Treatment Systems Certificate" issued by the MPCA. Previously we did not require this because the State certification pr: vram was not widely publicized and many contractors were hindered ')<>'. being able to readily obtain a certificate. The certification program is now past its infancy and virtually all local septic contractors have been trained and certified by the State. Requiring them to have a certificate insures us they have at least this itinlmum training. A new section. Section 5.38, will be added requiring the licensing of site evaluators/system designers. This section is being added to assure a minimum standard of competence, since proper site evaluation and system design is one of the most critical phases of development with septic systems. Staff has long felt that the City needs a tool such as licensing to deal with site evaluators who consistently submit unsatisfactory wor)c. Unfortunately, the ability of the State to revoke a certificate has yet to become a reality. In Section 12.30, Subd. 1, a number of definitions have been revised to match the definitions in the MPCA Regulations Chapter 7080. Some definitions were dropped from our list as they would be an excessive duplication. The various definitions of systems categorized by design definitions, construction status definitions, and conformity definitions, have been reorganized and in some cases renamed to be more clear in intent and consistent with Chapter 708C. Finally, all definitions were purged of regulatory language or standards, to make them pure definitions. All regulatory language or standards was then inserted in the appropriate regulatory code sections. Memo January 17, 1992 Page 2 In Subd. 4 (B) under "Jurisdiction" a provision was added requiring that all septic tanks no longer in use be pumped out and filled with native soil. This eliminates the potential of abandoned septic tanks collapsing. A new Subd. 4 (C) was added to specifically prohibit surface discharge. Pre-existing Sections C through P were then relettered as D through G. Subd. 4 (F) and (G), "Building Permit Applications" and "Subdivision Application", are revised by more specifically detailing the soil testing requirements for each application. A major change is that alto avaluation will be required for all lots being created which are BO longer further subdividable under the current code. This will now require testing (but not necessarily a system design) for new lots created in the 5 acre zone. The code is also clarified to require that a system design be submitted as part of the subdivision site evaluation process for any new lot less than 5 acres in area. Given the relatively more sensitive or marginal lands remaining for development in the City, this will help to ensure that appropriate development occurs. Subd. 5 has been completely redesigned. This section formerly referred to the "Orono Design Manual* for all construction and system design specifications. Since the MPCA's Regulations Chapter 7080 will now be referenced instead of the Design Manual, this section will contain those Orono requirements which historically have been more strict or more detailed and "municipality-specific" than the Chapter 7080 Regulations. Our requirements are more strict in site evaluation procedures and reporting requirements, setbacks, pump station requirements, site limitations for mound systems and trench drainfields, and construction procedures. A significant point of dmpmrture between the Chapter 7080 standards and our previous code is the allowed ground slope for mound systems. The State continues to eapaBd the upper limits of slope on which mound systems can be expected to function adequately. This expansion is based on what staff feels is inadequate research. Orono's current Code limits mound construction to €% or flatter slopes, with the exception that elopes up to 12% may be considered where virtually no other possibilities are available and soil conditions are thoroughly investigated and found appropriate. The State would allow mounds on slopes in excess of 12%, which we have found to be prone to failure in Orono's typical clay loam soils. The proposed ordinance revision limits mounds to 6% slopes unless a variance is allowed by staff based on acceptable justification. Subd. 5 revises the system conformity classifications to be consistent with Chapter 7080. While our current code since 1978 has classified systems as conforming, substandard, or non-conf ormlng/f ai1Ing, the City inspection reports have always carried a four category system Memo January 17, 1992 Page 3 which provides two levels of "substandard" systems. The new definitions of "code system", "conforming system", and "non-conforming system", are consistent with Chapter 7080 and will perhaps be less confusing to property owners in attempting to understand the meanings of the inspection reports. In Snbd. 6, "System Operation, Use and Maintenance", the only change is to revise the threshold at which sludge buildup requires tank pumpout, to be consistent with Chapter 7080 Regulations. Subd* 7 (D), "Special Provisions for Lake Minnetonka Islands", is slightly reorganized for clarity. The non-conformity standards are tightened up to require that non-conforming systems and illegally constructed or located outhouses be made conforming within one year of notification of that non-conformity, but in any case no later than two years after the ordinance is adopted. Our current code had a five year grace period for resolving non-conforming systems, which ended in 1988. Most problem systems Identified under the previous code interpretations were resolved by that date. The more restrictive standards of Chapter 7080 and the new Shoreland Regulations will likely result in additional Big Island systems becoming non- conforming. In general. Big Island systems receive minimal use and have not in the past been a problem of high priority. Snbd* 8 discusses the inspection program and its funding. To be consistent with past practice, and in light of the slowly but steadily increasing number of existing systems to be inspected, Sabd. 8 (B) has been revised to require that "code" and "conforming" systems be inspected by the City at least once every two years. The new definition for "conforming system" and our old definition of "substandard system" are equivalent. Our past code suggested that fully conforming (or "code") systems be inspected every two years, and substandard systems be inspected yearly. Given the history of the program and the nature of the Inspection process, staff feels that inspecting half of the existing systems each year is a reasonable and realistic; program goal, ind will allow for the necessary followup to ensure completion of repairs as well as inspection of new systems. The language regarding collection of the annual service charge was changed slightly to revise the due date and delinquent accounts process to match the current Finance Department practices. A "Severability" clause was added in Subd. 10 as boilerplate. Throughout the code, based on consistency with Chapter 7080 wording, the word "septic" has been replaced with "sewage" in the appropriate places in the code. Also, certain other wording changes to clarify a meaning have occured but were not discussed where they do not change the effect of the code. r. I'" s--- ■ Memo January 17, 1992 Page 4 8n— ry The proposed septic code changes will update our ordinances to be in compliance with the DNR Shoreland Regulations as well as upgraded to current industry-wide accepted standards. The adoption of the appropriate Chapter 7080 Standards and incorporation of certain elements of the "Orono Design Manual” into the body of the ordinance will result in a more functional code structure. ORDIHANCB #_ _, SBCOHD SERIES AN ORDINANCE AMENDING SECTION 5.37 OF THE CITY OF ORONO MUNICIPAL CODE RELATING TO ON-SITE SENAGE TREATMENT SYSTEMS CONTRACTOR* AND ADDING SECTION 5.38 RELATING TO ON-SITE SENAGE TREATMENT SYSTEMS SITE EVALUATORS AND DESIGNERS* AND AMENDING SECTION 12.30 RELATING TO ON-SITE SENAGE TREATMENT SYSTEMS. The City Council of Orono does ordain; SECTION 1. Chapter 5 of the Municipal Code of Orono is hereby amended by amending Section 5,37, Subd. 4 to read as follows: Subd. 4, MPCA Certificate. Applicant shall hold a current. "Individual Sewage Treatment Systems Certificate" issued by the Minnesota Pollution Control Agency. Applicants holding a 'provisional* certificate shall be subject to staff review of the applicant to determine their competence. SECTION 2. Chapter 5 of the Municipal Code of Orono is hereby amended by adding Section 5.37, Subd. 5, as follows: Subd. 5. Approval by Council. Applicant shall satisfy the Council that the applicant is qualified by training and experience to engage in the business of constructing or pumping on site systems in accordance with the requirements of the On-Site Sewage Treatment provisions of the City Code. SECTION 3. Chapter 5 of the Municipal Code of Orono is hereby asMnded by adding Section 5.38, as follows: SBC. 5.3t ON-SITE SENAGE TREATMENT SYSTEMS SITE EVALUATOR AMD DESIGNER- Subd. 1. License Required. It is unlawful for any person to engage in the business of on-site system site evaluation and system design without a license therefor from the City. This license shall be a separate license from the "On-Site Sewage Treatment Systems Contractor ” license. Subd. 2. License Fee. Licenses provided for in this section shall be issued only upon payment in full of the license fee fixed and determined in accordance with City Code Section 1.05. Subd. 3. MPCA Certificate. Applicant shall hold a current "Individual Sewage Treatment Systems Site Evaluator and Systems Design Certificate" issued by the Minnesota Pollution Control Agency. Applicant holding a 'provisional* certificate shall be subject to staff review of the applicant to determine their coBtpetence. Subd. 4. Approval by Council. Applicant shall satisfy the Council that the applicant is qualified by training and experience to engage in the business of site evaluation and system design in accordance with the requirements of the City Code. SECTION 4. Chapter 12 of the Municipal Code of Orono is hereby amended as follows: A. Section 12.30 of the City of Orono Municipal Code is hereby deleted. A new Section 12.30 is added to read as follows: SBC. 12.30 ON-SITE SEWAGE TREATMENT. Subd. 1. Statement of Purpose. The Council is concerned about the manner in which sanitary sewage is disposed of and the effect of such disposal upon the City. Recognizing the need to regulate those systems and facilities intended to be used for the disposal of sewage^ and pursuant to the powers and jurisdictions vested through Minnesota Statutes and other applicable laws, City Code provisions and regulations, the City does hereby adopt this Section for the following purposes: A. To provide minimum standards and criteria for the design, location, construction, use and maintenance of all on site sewage treatment systems (hereinafter "systems") within the City. B. To protect the land, water and other natural resources from pollution, impairment or destruction. C. To protect the public health, safety and general welfare of the residents and citizens of the City. D. To prevent the discharge of inadequately treated sewage to ground or surface waters. E. To prevent the flooding of or flood damages to operating systems. F. To prevent the premature extension of costly municipal sewer and water services consistent with the adopted Comprehensive Land Use Plan of the City. Subd. 2. Definitions. The following terms, as used in this Section, shall have the meanings stated: 1. "Building" - Every building, structure or place intended for human habitation or use as a dwelling or agricultural, commercial, industrial or other establishment. 2. "Cesspool" - An underground pit into which raw sewage or other untreated waste is discharged and from which the liquid seeps into the surrounding soil. 3. "City Sewer" - A w«wage collection system terminating in e treatment plant or Metropolitan Waste Control Commission facilities, and not utilizing septic tanks or soil treatment and absorption areas. 4. "Construction" - Any action which in any way p r. affects the physical components of any new or existing system, including construction, installation, extension, alteration or repair, not to include pumping. 5. "Contractor" - A person licensed under the provisions of the City Code to engage in the business of system construction and pumping. 6. "Disposal" - The evaporation or absorption of purified liquids after treatment of the raw sewage. 7. "Holding Tank" - A water tight tank for storage of sewage until the sewage can be transported to an approved off site point of treatment and disposal. 8. "Inspection Report" - The official report of the results of the inspection by the City, including any official orders to repair or replace non-conforming systems. 9. "MPCA Regulations Chapter 7080" - Minnesota Pollution Control Agency Individual Sewage Treatment Standards Chapter 7080. 10. "On-site Sewage Treatment System" (hereinafter "system" or "on-site system") - A device or series of intercon nected components designed, installed and maintained for the pur pose of safely treating and disposing of sewage and domestic wastes from a dwelling or other establishment or group thereof, whenever such system is not part of a central sewer system. (a) System Design Definitions: i. "Standar^^ System" - An individual sewage treatment system employing a building sewer, sewage tanks, and the soil treatment system, consisting of trenches or mounds which are constructed on original soil which has a percolation rate equal to or faster than 120 minutes per inch. ii. "Alternative System" - Alternative systems include modified standard systems (seepage beds, curtain drained systems) reduced area systems (aerobic tanks, separated toilet waste and greywater systems, seasonal use systems); advanced alternative systems (mounds with percolation rate slower than 120 mpi, collection systems, other systems such as toilet waste treatment devices, etc.); and holding tanks. iii. "Prohibited Systems" - Cesspools, dry wells, leaching or seepage pits, and privies. (b) System Construction Status Definitions: i. "New System" - Any proposed system or any newly constructed system, which construction takes place after the adoption of this Section, shall be a "new system” until the time of final inspection and approval by the City. ii. "Existing System" - Any system con structed and in use prior to the adoption of this Section. "New L n fr feystews" shall become "existing systems" at the time of final Inspection and approval by the City. (c) System Conformity Definitions: i. "Code System" - A system which meets all the location, design and construction standards of the current City Codes, and which is operating satisfactorily by treating and disposing of the entire current sewage input without discharging any pollutants into ground or surface waters. ii. "Conforming System" - A system which does not meet all the location, design and construction standards of the current City Codes, but was installed according to the code in effect at the time of installation, and which is operating satisfactorily by treating and disposing of the entire current sewage input without discharging any pollutants into ground or surface waters. iii. "Non-Conforming System" - A prohi bited system; a system located within a designated 100-year floodplain; any system which may or may not meet all the location, design or construction standards of the current City Codes and which is failing for any reason; and any system with less than 3 feet of unsaturated soil or sand between the distribution device and the limiting soil characteristics. iiii. "Failing System" - Any system which is being used beyond its capacity or for any other reason has failed to treat properly and/or dispose of the entire current input and is therefore: (1) Discharging pollutants, or any liquid, to the surface of the ground or the ground water or to any lake, stream or other body of water; or, (2) Not accepting sewage input from an occupied building; or, (3) Creating a safety hazard due to unprotected or improper construction or maintenance; or, (4) Creating a public nuisance in any manner. 11. "Owner" - Any person having legal or equitable title or sufficient proprietary interest in any building or land subject to the provisions of this Section. For purposes of notification, the owner shall be the occupant of the property or the person listed as taxpayer on the current tax rolls. 12. "Pollutants" - Bacterial or chemic 1 impurities including pathogenic bacteria, infectious viruses, toxic chemicals, excess nutrients (nitrogen and phosphorous), unpotable water, or septage . 13. "Privy" - An outhouse, a c<^sspool enclosed by a building, typically not served with running water. 14. "Pumping" - The removal by gravity, syphon or mechanical means of any liquid or septage from sewage or holding tanks . 15. "Seepage Pit Tr Leaching Pit or Dry Well" - An underground pit into which a sewage tank discharges effluent or other liquid waste and from which the liquid seeps into the surrounding soil through the bottom and openings in the side of the pit, including sewage tanks which are not watertight. 16. "Septage" - Those solids and liquids removed during periodic maintenance of a septic or aerobic tank, or those solids and liquids which are removed from a holding tank. 17. "Septic Tank" - Any watertight, covered receptacle designed and constructed to receive t’ discharge of sewage from a building sewer, separate solids from xiquid, digest organic matter, store septage through a period of detention and to allow clarified liquids to discharge for further treatment in another septic tank or to a soil treatment system. 18. "Sewage" - Any water carried domestic waste, exclusive of footing and roof drainage, from any dwelling or other structure. Domestic waste includes liquid waste produced by toilets, bathing, culinary operations, and the floor di.^ins associated with these sources and specifically excludes anxmal waste and commercial or industrial waste water. ■ >. I I 19. "Site Evaluator/System Designer" - A person licensed under the provisions of the City Code to engage in the business of sewage treatment system site evaluation and design. 20. "Soil Treatment Area" - That area of trench or bed bottom which is in direct contact with the drainfield rock of the soil treatment system, and for mounds, that area to the edges of the required absorption width and extending five feet beyond the ends of the rock layer. 21. "Structure" - Anything which is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires a location on, below or above the ground. 22. "Treatment" - The purification of raw sewage by the removal or neutralization of pollutants through separation, bacteriological processes, biological and physical filtration, and gasification. Subd. 3. Terms Not Defined Herein. Words and terms not defined herein shall have those meanings as set forth in the Zoning Chapter as amended, the Subdivision Chapter as amended, and MPCA Regulations Chapter 7080. Subd. 4. General Provisions. A. Treatment Required. All sewage generated within the City shall be disposed of by connection to the City sewer p—■ system or shall be treated and disposed of in an on-site system according to the provisions of this Section. B. Jurisdiction. The provisions of chis Section shall apply to the method of sewage disposal from every building within the City intended for human use or habitation, whether such use is permanent, temporary or seasonal, regardless of the date of original construction or use. 1. The owners of all buildings where City sewer is available or becomes available, shall connect the buildings to the City sewer within 16 months of the availability of the sewer according to the provisions of the City Code. 2. At the time connection to city sewer is completed all existing septic tanks no longer in use shall be pumped out and filled with native soil. 3. The owners of those buildings which have been completely connected to City sewer shall be exempt from the maintenance and inspection provisions of this Section. C. Surface Discharge. Unless specifically permitted by MPCA and the City of Orono, sewage, sewage tank effluent, or seepage from a soil treatment system shall not be discharged to the ground surface, abandoned wells, or bodies of surface water, or into any rock or soil formation the structure of which is not conducive to purification of water by filtration, or into any well or other excavation in the ground. All new or existing systems which discharge to surface waters or the ground surface must obtain either a National Pollutant Discharge Elimination System (NPDES) or State Disposal System Persdt from MPCA and shall comply with all federal, state, and City requirements pertaining thereto. D. Standard System Required. In areas not served by City sewer systems, sufficient open land of suitable soil characteristics shall be provided for each new or existing building to allow for the design, construction and use of a "standard" on site system within the property or on which such building is located. Standard systems are the only new systems permitted by this Section without a variance thereto. 1. "Alternative systems" shall not be persdtted except by variance. 2. "Prohibited Systems" shall not be installed or used except as permitted elsewhere in this code. E. Variances. Should the City find that any of the provisions of this Section are not applicable to the design, location, or construction of a specific system, or would cause unnecessary or unintended hardship to the owner, the City may permit such variations therefrom as are not contrary to the intent MfT* •lOlt*•BMr> •I •T:Tf 1T| .11 •XI IT* H •1IH« 1^1 •I-I* 1 ◄ G. Subdivision Applications. No su. division, lot division or replatting for the purpose of creating a new building site# which property includes the use of on-site systems, shall be approved by the City until a site evaluation report and system design when required has been reviewed and approved, and all existing '’ystems have been inspected and certified 'y the City as being in compliance this Section. 1. Each new lot which is not •ir*:.--r subdividable under the lot areo standards of the zoning co • . have tested and approved primary and alternate draintield si* 2. Each new lot containing less than ^ acres in dry buildable area shall have t<^sted and approved primary and alternative drainfield sites. 3. For all lots containing less than 5 acres of dry buildable area, the site evaulation report shall also include detailed system design specifications as normally required for building permit applications. 4. For each proposed lot, drainfield site." and system designs iihall be capable of serving a 5-bedroom home (750 GDP Design Flow Rate'. 5. As part of any subdivision, the owner shall giunt to the City in a form approved by the City a perpetual right of entry to allow for the future inspection of all systems, which right of entry may be filed in the chain of title for the property. Subd. 5. System Design and Construction. All system permit applications, site locations, design specifications, construction methods and material specifications shall be according to the .Min'mum standards and criteria listed in MPCA Regulations Cnapter 7080.0110 - 7080.0210, with the following additional minimv standards: A. Site Evaluation. The proposed site of every new system or altered or expanded existing system shall be investigated by a qualified site evaluator who shall prepare and submit a report to the City therein identifying relative site elevations and locations on a plot plan; water table depth, soils and soil cha-racceristics; tabulating the results of required soil borings and percolation tests; describing the testing methods and equipment used; and generally ev**''uating the suitability of the site for system construction and ae as stated in MPCA Regulations Chapter 7080. Site evaluation shall be prepared and signed by a MPCA certified site evaluator, including the site evaluator's certification number. The site evaluator must also be licensed to operate in the City of Orono. following: The site evaluation report shall include the 1. Soil Borings. Soil borings must be taken 8 to a depth at least 5 feet below any proposed soil treatment system. If a water table or soil mottling is encountered at a depth less than 5 feet, the boring shall be continued to a depth 2 feet below the highest water table or mottling indicator. The number of soil borings necessary for the site evaluation report listed below is the minimum requirement. Additional borings may be requested by the City due to questionable soils. (a) lor new systems, at least three S3il borings shall be made within the primary drainfarea and three soil borings within the alternate drainfield area. (b) For replacement systems, at least three soil boring;? shall be made in the proposed replacement area. (c) For additions to existing systems, at least one soil boring shall be made in the expansion area. 2. Percolation Tests. The number of percolation tests required for the site evaluation report listed below is the minimum requirement. Additional percolation tests may be requested by staff due to questionable soils. (a) For new systems, at least three percolation tests shall be made within the primary drainfield area And three percolation tests within the alternate drainfield area. (b) For drainfield replacements at least three percolation tests shall be made in the expansion area. (c) For additions to existing systems, at least one percolation test shall be made in the expansion area. 3. Plot Plan. A scale drawing of the entire lot showing the following: a. b. c. d. e f. All property lines and lot dimensions. All existing and proposed structures. All existing or proposed well locations, or water oupply piping. Relative elevations of house, lot cornerr and drainfield g- h. areas. Slope of ground at drainfield sites by contour lines or direction arrows and slope percentages. Location of all percolation test holes and soil borings with identifying symbols and relative ground elevations of each. Primary and alternate drainfield areas identified. Distance from primary and alternate drainfield areas to property lines, well locations, and any lake, stream, marsh or drainage channel within 16 ft. of any part of the system. B. System Design. System u'sign specifications shall Include proposed flows or other sizing information, »inimum sewage tank capacity, minimum soil treatment area requirements, a plan of the component layout, and all other information necessary to assure the City that the system is designed and will be 'f- i i- constructed to receive, treat and dispose of all of the sewage from the building served. Footing or roof drainage, garage floor drainage, toxic chemicals, flammable liquids, animal wastes, commercial process water and commercial kitchen grease shall not enter any portion of the system but shall be separately treated and disposed of according to the applicable regulations of the MPCA, the Minnesota State Board of Health and the City. 1, Setbacks. The minimum setback distance requirements are as follows: Feature Water Supply Well Wetland Lake: General Deve' pment Recreational Development Natural Environment Tributaries, Streams Driveways, Sidewalks, Decks, and other Hardcover Property Lines, Buildings and Buried Pipes Lam Sprinkler Systems Sewage Tank and Soil Treatment A^a 75' 75' 75' 75' 150' 75' 20' 10' 2. Sewage Tanks. The minimum sewage tank size requirements are as follows: No. of Bedrooms 4 or less 5 or 6 7, 8 or 9 10 or more Tank Liquid Capacities (Gal.) 1000+1000 Regardless of garbage disposal use 1250+1000 1500+1500 Sewage tanks shall be sized as "other" establishment per Subp. 3 Sec. B in MPCA Regulations Chapter 7080.0130 3. Pumping Stations. In order to standardize installation and electrical connection methods, the following pumping station requirements must be met in addition to MPCA Regulations Chapter 7080: (a) Electrical Connection. (1) A water-tight, lockable electrical box must be mounted on a 4x4 inch treated redwood or cedar post. (2) All electrical connections shall be made within the box. Pump connection must not be made using a direct line (plug in only). Wire entry to the electrical box shall be sealed with putty. (3) Alarm and pump floats shall be k on separate electrical circuits. (4) Electrical wire from power supply must not run over any tanks but must be laid beside the tanks and placed in conduit along the electrical post. (5) Electrical cords from the pump and floats must be run through a 2 inch PVC conduit (Schedule 80). Wires must not have ground contact. (b) Pumping Chamber. (1) Effluent pipe exiting the pumoing chamber should be laid on a uniform slope up to the soil ^•eatment area for proper drainback. If the pipe at the tank must -^e lower than union to get elevation for drainback, a 1/4 inch weep hole must be used. (2) When the soil depth above the pressure distribution pipe is less than 3 1/2 feet, insulation must be added to achieve an insulating factor equal to 3 1/2 feet of soil to decrease the potential for freezing (styrofoam or concentric piping are acceptable methods). Piping under hardcover such as tennis courts or driveways shall receive an additional 1 foot of soil cover or equivalent insulating factor. (3) A reserve capacicy equaling 75% of the anticipated daily flow must be allowed in the pumping chamber between the alarm activation level and the pump tank inlet. 4. Drainfields. (a) Trenches. Trenches must meet MPCA Regulations Chapter 7080 and may not be located on slopes greater than 18% without variance. (b) Mounds. Mounds must meet MPCA Regulations Chapter 7080 and may not be located on soils with percolation rates slower than 120 mpi nor cn slopes greater than 6% without variance. C. Conformity Standards. 1. New systems shall be located, designed and constructed as code systems. 2. When an existing code system is repaired, altered, or expanded, such system shall remain a code system. Conforming systems, when repaired shall be upgraded to a code system status whenever such classification in reasonably attainable. 3. Existing non-conforming systems shall be replaced by code systems whenever such classification is reasonably attainable. If a code system Is not achievable due to soil, water table, or lot limitations, the system may be replaced or repaired such that it becomes a conforming system. D. Construction Procedures. 1.Protect Absorption Area:Proposed drainfield absorption areas shall be identified and marked off on the lot at the time of the site evaluation and prior to any construction or grading occurring in the area. The drainfield area shall remain undisturbed until drainfield construction is commenced. No vehicular traffic shall be allowed in the drainfield area either before or after drainfield installation. 2. Favorable Weather Required: Drainfield absorption area or trench construction must not proceed if the area is wet or has had rain within 48 hours. Mound or trench construction shall not proceed unless the soil moisture content is below the plastic limit. 3. Construction Inspection Required: The contractor issued a permit for on-site system construction shall perform all work according to the design specifications approved by the City for each particular system. All subsurface work including building sewer* sewage tanks, distribution system and soil treat ment area shall be inspected by the City Inspector prior to backfilling or covering of any portion thereof. It shall be the responsibility of the contractor to notify the City at least 24 hours prior to the time an inspection will be required, and it shall be the responsibility of the contractor to ensure that the inspection is accomplished and the construction is approved prior to any backfilling, covering or continuation of the construction. Subd. 6. System Operation, Use and Maintenance. A. Existing systems require prudent use and proper maintenance to ensure that each system will continue to treat and dispose of the entire sewage input and operate in conformance with this Section. Therefore, this Section provides for certain maintenance standards and regular monitoring of all systems within the City. B. Owner's Responsibiity. It shall be the respon sibility of each property owner to demonstrate that the on-site sanitation device or system in use or existing on his property is in conformance with all requirements of this Section; that the device or system properly treats and/or disposes of the entire sewage input generated on the property; and that the device or system is adequately and properly maintained at all times. If unpermitted non-conforming, mis located, or failing devices or systems shall be found by the City because of complaint and/or routine inspection, correction orders shall be issued by the Building Official or On-Site Manager requiring repair, alteration or replacement in strict accordance with the requirements of this Section. Failure of any owner to obey such a lawful order shal 1 be cause of the City to initiate legal actions including condemnation of all occupancy of the property pursuant to Minnesota Statutes 463.15 et seq. C. System Use. All owners using or controlling the use of any on-site system shall use said system in a prudent manner, shall control the volume of liquid discharged into the system consistent with the design capacity, shall strictly limit the discharge of shredded garbage, residential kitchen grease or other solid matter into the system, and shall prohibit the discharge into the system of footing or roof drainage, garage floor drainage, toxic chemicals, flammable liquids, animal wastes or commercial process water and commercial kitchen grease. D. System Maintenance. All owners using or controlling the use of any on-site system shall perform the following maintenance functions: 1. System Location: Within twelve (12) months of the effective date of this Section, a diagram shall be prepared and thereafter kept on the property showing location of the system including the sewage tank(s), distribution box(es) and soil treatment area. 2. Annual Inspection: Within twelve (12) months of the effective date of this Section, and at least once between March 1 and June 30 of each succeeding year, the inspection manhole and the inspection pipe of every sewage tank and holding tank shall be opened and the depth of the scum and sludge accumulated in the tank shall be measured. Whenever existing sewage tanks are not provided with inspection pipes, the owner of said tank shall install same within twelve (12) months of the effective date of this Section. At the same time that the septic tank is opened for inspection, each distribution box shall be opened and any accumulated solids shall be placed in the septic tank for treatment. 3. Regular Pumping: Sewage tanks and/or holding tanks shall be regularly pumped of septage as provided by this Section. 4. Owner’s Records: Full and accurate records shall be kept on the property which records shall list the date of every sewage tank or holding tank pumping, the contractor responsible for the pumping and the gallons removed, the date and nature of all system repairs or alterations occurring after the effective date of this Section, and shall include copies of the most recent City Inspection Report classifying the operation of the system. E. Sewage Tank and Holding Tank Pumping. It is unlawful for any person to pump or remove any septage (liquids or solids) from any sewage tank or holding tank without complying with the requirements of this Section. 1. Required Pumping: The owner of each sewage tank or holding tank shall cause said tank to be pumped for the removal of septage when required by one or more of the following provisions : (a) Sludge buildup: Sewage tanks shall be pumped whenever measurement of the tank indicates that the top r of the sludge layer in the tank or any compartment thereof is less than 12 inches below the bottom of the outlet device or the floating solids layer is less than 3 inches from the bottom of the outlet device. (b) Regular pumping: No sewage tank shall remain in service without being pumped at least once every three years, whether or not measurement indicates a sludge buildup. Each existing septic tank shall be pumped at least once within 36 months of the effective date of this Section and thereafter at least once within 36 months of each succeeding pumping. (c) System failure: Non-conforming systems discharging pollutants shall have the sewage tanks regularly pumped to limit or eliminate effluent discharge until satisfactory repairs have been completed. (d) Holding tanks: Holding tanks shall be pumped on a regular basis and in all cases shall be pumped before overflowing occurs. 2. Contractor Required: All sewage tank and holding tank pumping shall be performed by licensed contractors. 3. Offsite Disposal Required: All septage removed from sewage tanks or holding tanks shall be removed from the site in sealed containers and shall be disposed of in a sanitary location and manner according to the requirements of the Metropolitan Waste Control Commission. 4. Registration Required: Each pumping of every sewage tank and holding tank shall be registered with the City on forms provided for that purpose, within seven (7) days of the pumping. The contractor shall certify to the City the owners of the property, property address, date of pumping, gallons removed and location of sanitary disposal. Failure to register any pumping with the City shall be cause to revoke t.ne contractor's license and/or forfeiture of the bond and may result in the City Inspection Report's classifying the system as non-conforming. Subd. 7. Special Provisions for Lake Minnetonka Islands. All lots, properties, buildings and structures on Big Island, Nahpiyata Island and Deering Island, Lake Minnetonka, shall be pro vided with on-sit sewage treatment systems conforming to the requirements of thib Section, as amended by the following special provisions and specific exceptions pertaining to island properties. A. Systems Not Required. Vacant property or property used solely for one-family seasonal recreational use of land without structures, or with accessory structures only, as permitted in the "RS" Zoning District, need not be provided with an on-site sewage treatment system provided that at any time such property is actually in use by one or more persons for overnight or longer stays that an approved marine toilet or portable holding- tank toilet shall be available on the property or withir a watercraft docked or moored at the property. B. Outhouses Permitted. Notwithstanding other ---— prohibitions against privies, outhouses or pit-type toilets, these devices way be used on property in the "RS" District subject to the following restrictions: 1. Outhouses may be used only on property used for: (a) Seasonal dwellings of less than 800 square feet in floor area. (b) Seasonal recreational t se of land without structures, or with accessory structures only. (c) Any other permitted or conditional use only upon approval of a variance issued by the Council. 2. Outhouses shall be dry with no water plumbed*in. 3. Outhouses shall be constructed in accor dance with MPCA Regulations Chapter '080.0210 Subp. 4, except that sealed vault type outhouses shall no. be permitted. 4. Outhouses shall be located as per MPCA Regulations Chapter 7080 as modified by this ordinance. 5. Existing outhouses not conforming to any or all of the above requirements shall be abandoned, filled-in and the superstructure removed within 1 year of notification that a non conformity exists, but in any case not later than 2 years after the effective date of this subdivision. 6. It is unlawful for any person to construct, install or relocate an outhouse without first obtaining a permit from the City as required for other on-site systems, except that outhouse permits may be issued to the property owner as well as to licensed contractors. Permit applications shall specify location, setbacks, pit design and pit elevation above »-he highest water table indicator. At least one soil boring in the location of the outhouse shall be provided by a MPCA certified, city licensed site evaluator. All work on outhouses including construction, installation, alteration or relocation shall be subject to inspection and approval by the City to ensure compliance with the requirements set forth herein, including without limitation proper design, construction, sanitary setbacks, depth to water table and sell types. C. Alternative waste treatment devices are permitted in lieu of an outhouse on any property where outhouses are permitted pursuant to Subparagraph B above, or where otherwise necessary to provide toilet waste disposal for an existing dwelling where a conforming outhouse or on-s.ite sewage treatment system cannot be installed. Such devices shall include incinerating devices, composting devices or small portable holding-tank toilets which are carried to the mainland for disposal in sanitary sewer system. Alternative systems shall be subject to review and approval by the City. D. On-Site Sewage Treatment Systems Required. r 1, A complete on-site sewage treatment system Including plumbing fixtures, two sealed sewage tanks and drainfield designed, constructed and maintained in full conformance with the On-Site Sewage Treatment Code is required on all properties in the "RS" District as follows: (a) Serving all structures containing a principa 1 dwe1 ling. (b) Serving all properties containing two (2) or more dwellings pursuant to a private guest cabin conditional use permit. (c) Serving all seasonal dwellings over 800 square feet in floor area. 2. Serving all dwellings, buildings or structures containing a water-activated *"oilet regardless of the type or duration of use or occupancy. 3. Any dwelling, building or structure having running water plumbed inside to any sink, lavatory, tub, shower, or any other plumbing fixture, but not a toilet, shall have a conforming grey-water disposal system including a septic tank and drainfield connected to such fixture drain(s). 4. Any existing dwelling, building, or structure required by one or more of the above Items to be connected to an on-site sewage treatment system, but which is not so connected as of the effective date of this Subdivision, or which has an existing system that does not conform to minimum setbacks or other requirements of the "RS" Zoning District, shall have a new conforming on-site sewage treatment system installed within one year of notification that a non-conformity exists, but in any case not later than 2 years after the effective date of this subdivision. 5. All other provisions of this Subdivision shall apply to on-site sewage treatment on the Lake Minnetonka Islands, including without limitation the requirement for construction permits, construction inspection, and regular maintenance inspecti'^ns, including payment of the standard annual service charge. Subd. 8. Administration. A. Administrating Officer. The provisions of this Section shall be adiiiinistered by the Building and Zoning Department and the Building Official who shall coordinate all permit applica tions and inspection services. The On-Site Systems Manager shall review and evaluate technical matters Including systum design and installation as provided herein. B. Inspection Program. For purposer of insuring continued proper use and maintenance of all existing onsite systems, the City shall periodically inspect each existing system and shall classify each system as Code, Conforming, or Non conforming. 1. Right of Entry; The City Inspector shall have the right of entry onto every property in the City, which property includes an on-site system, for purposes of inspecting said system for conformity with the provisions of this Section. Each construction permit issued after adoption of this Section shall extend the right of entry to the City Inspector by explicit approval of the owner requesting such permit, which approval may be filed in the chain of title for the property. Failure of any party to grant the City access for this purpose shall be grounds to classify any system on the property as Non-Conforming. The City Attorney shall tnereafter take such action as is necessary to enable the City to perform the Inspection and to enforce axl the provisions of this Section, and to assess the cost thereof against the property. 2. Inspection Report. Within thirty (30) days after the inspection of each system by the City, the City shall provide the results of said inspection in writing to the owner of the system, including the classification of the system as to conformance with City requirements and potential for existing or future problems. Notice of non-conforming or failing systems shall include orders for maintenance, repairs or replacement, the procedures for obtaining all required permits, the deadline for completion of the construction or pumping and the penalties for failure to comply with the order. 3. Code and Conforming Systems shall be Inspected by the City at least once every two years. 4. Owners of Non-Conforming Systems shall be issued orders requiring maintenance, repair, alteration or replace ment. Systems found to be non-conforming shall be brought up to conforming status per Sub ivision 5 (c) within one calendar year from the date of the order. Systems found to be non-conforming due to failure or pollution hazards shall have remedial action required within a reasonable period of time as follows: (a) Sewage tanks requiring pumping shall be pumped within 48 hours. (b) Sewage tanks or systems found to be clogged, overflowing, leeching or otherwise discharging pollutants shall be pumped within 48 hours and thereafter as needed and the system shall be repaired, altered or replaced within 90 days. 5. Systems required to obtain and maintain a MPCA State Disposal System shall meet the requirements of MPCA Rules Chapter 7080.0030. If the State Permit lapses, orders shall be issued to cease use of the system within ten (10) days, such use to be discontinued until reinstatement of the State Permit. 6. Failure to obey a lawful order requiring repair, alteration or replacement of a Non-Conforming System shall be cause for the City to enjoin the owner or occupant from further use of the system. Upon notice, the owner shall nave ten (10) days to show cause to the City why the property should not be condemned for occupancy according to Minnesota Statutes 463.15 et.seq. C. Annual Service Charge. An annual ser’^ice charge In the amount prescribed by resolution of the Council shall be paid by the owner of every building connected to an on-site system, such charge for purposes of administering and enforcing the City Inspection Program as provided for herein. A separate charge shall be due for each separate system located on each property. 1. The service charge shall be due 45 days after the billing date. 2. It shall be the duty of the City Administrator to endeavor to collect all delinquent accounts. 3. Each year the City Administrator shall prepare an assessment rol’ providing for the assessment of the delinquent accounts against the respective properties as pro\ ded In Minnesota Statues 429.061, Subdivision 3, and shall certify same to the County Auditor who shall thereupon enter such amount with the tax levy on said property collectible with the taxes for the next year. D. (Codifier's Note: Contractor licensing requirements covered in City Code Chapter 5.) Subd. 9. Enforcement; Violation. A. Enf orc''ment. It shall be the duty of the Building Official to enforce the provisions of this Section and to bring to the attention of the prosecuting attorney any violations or lack of compliance herewith. B. Civil Enforcement. Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of the provisions of this Section to prevent unlawful construction, to recover damages, to restrain, correct or abate a violation, to prevent illegal occupancy of a building, or to prevent continued use of a non-conforming on-site system. Subd. 10. Severability. If any provision of these standards or the application thereof to any person or circumstances is held to be Invalid, such Invalidity shall not affect other provisions of these standards or application of any other part of these standards which can be given effect without application of the invalid provision. To this end the provisions of all sections, subsections, or subdivisions herein and the various applications thereof are declared to be severable. BBCnOM 5. Effective Date. This ordinance shall be effective upon publication. ai Adopted by the City Council of Orono on this 27th day of January, 1992. Dorothy M. Hallin, City C.^#»rk Barbara A. Peterson, Mayor SUMMARY ORDINANCE A SOMMARY OP ORDINANCE NO.SECOND SERIES, ADDING SECTION 5.38 AND AMENDING SECTIONS 5.37 AND 12.30 OF THE CITY OP ORONO MUNICIPAL CODE RELATING TO ON-SITE SEWAGi' TREATMENT SYSTEM CONTRACTORS, SITE EVALUATORS, AND DESIGNERS, AND REGULATING ON-SITF SEWAGE TREATMENT SYSTEMS GENERALLY. The Council of the City of Orono ordains; T summary text of the above cited ordirancc is approved in the following form; This ordinance affecting the design, construction, installation, operation and maintenance of on-site sewage treatment systems provides for the licensing of on- site sewage treatn.ent systems, site evaluators, designers, and contractors. This ordinance further adopts by reference specific sections of "Minnesota Pollution Control Agency, Hater Quality Division, Individual Sewage Treatment Systems Standards, Chapter 7080". This ordinance shall be available in full printed text for inspection by any interested party during regular office hours at the office of the Orono City Clerk. This ordinance shall be effective upon publication of this Summary Ordinance. Barbara A. Peterson, Mayor ATTEST j Dorothy M.Hallin, City Clerk TO: FROM; DATE; Mayor and City Council Ron Moorse, City Administrator January 24, 1992 ' f 1S91> rK OF non SUBJECT; Applicants for Park and Planning Commission The deadline for receiving Park and Planning Commission applications was Friday, January 24, 1992. Attached are the applications received to date. The Council may wish to schedule a specific time at a reqular Council meeting in interview the candidates in person. • i * • w V .. CITY of ORONO NIunidpai OfRrc3^_^ ^-------- Post CMct Box 6n^ Cn'St^d Bav, NtinncMta f £313-00^. • telephone - 473-7357 • FAX • 473-0510 APPLICATION FOR CITIZEN ADVISORY COMMISSIONS > UAH 2 2 1222 r I'^ Commission Applying For: Parks Commission Community Task Force (Name) Planning Commission Name j i/n Address Pp. I Post Office & Zip Code Telephone (H)(W)V 7/. - ‘y. Resident of Orono.years Work Experience: <C /------ ^ -----■ ■Ff/irn/ffi <'n''-hr^j £- -r y Civic and Volunteer Activities (past and present): .-Lp'- Please state your reasons for wanting to serve on this Connnission (Please be as specific as possible. Hse additional sheet if What is your view of the role of the Commission? J A, / f yc^ r X^Lr/^yjf m-i, other Comments: (Use this space to include any further information you would like the City Council to consider, or that you feel is relevant to the appointment you are seeking. You may also attach other materials you would like the Council to consider.) ,t '.y/_ _ _ _^-.v, 6yA ZjU^_ 7 42^1-^ _.n I understandl this appointment meeting. z may be discussed at a publ ic r> ^ Please state your reasons for wanting to serve on this Coannission (Please be as specific as possible. Use additional sheet if necessary.) HAVING STRONG INTERESTS III CONSERVATION A!IO RSCR-EATTONAL TSSUE^- I FIND THE PARK COMMISSION TO BE AM AREA OF CIVIC TNVOT^/E.MENT THAT NATURALLY CONCERNS ME. MY DESIRE TO BECOME KNOWLEDGEABLE ON. AND THEREFORE ADD INPUl’ TO, THE DECISIONS SHAPING PROMO’S RECREATIONAT. ' AND "OPEN SPACE" NEEDS IS A STRONG REASON WIY I ’-'ANT TO SERVE. What is your view of the role of the Coannission? FIRST AND FOREMOST, THE COMMISSION SHOULD BE A SOUNDING BOARD FOR THE RESIDENTS' THOUGHTS CONCERNING THE PARK AND RECREATIONAT FACILITIES. IT IS IMPORTANT THAT THE COMMISSION FITTER THESE CONCERNS ON TO THE COUNCIL. LONGE-RANGE PLANITING SHOULD BE IMPORTANT PROVIDED IT DOES NOT INTERFERE WITH THE MORE PERTINENT ISSUES BEFORE THE COMMISSION. AS ORONO CONTINUES TO GROW, (SEE BELOW) Other Comments: (Use this space to include any farther information you would like the City Council to consider, or that you feel is relevant to the appointment you are seeking. You may also attach -other materials you would like the Council to consider.) IT WILL BE CRUCTAT, FOR THE COMMISSION TO MAINTAIN ITS FOCUS AND NOT BE DIVERTED FROM ITS STATED GOALS. -ATTACHED IS A COPY OF MY FIRST AF^r.TCATTON t ptTER DATED AUGUST 1991 X understand this appointment may be discussed at a public meeting. i: P. ■ tu. HJC^/oo- ?;x Signature Date • »V' •. ' ». \ V i $ • ■ A 'I ^ I IV ( 1275 Lyman Avenue Wayzata, Mn 55391 Orono Council PO Box 66 Crystal Bay, MJJ 55323 Dear Council Members: Please accept my application for a position on the Orono Park Commission. I am a viable candidate for the following four reasons: Mv genuine interest in the community of Orono: Having chosen to live and having enjoyed this community for the past three years, I appreciate the concern my fellow residents have shown in working to preserve the unique characteristics of Orono. This concern for the community, demonstrated by the hard work and commitment of its many individuals, is something I would like to emulate. Mv background in recreational activities: I have been involved in recreational sports all of my life and continue to do so. I recognize how valuable it is to have the opportunities to be able to participate in sports at any age and therefore how important it is for a community to be able to provide recreational opportunities for its citizens. My interest in conservation; For the past twenty years I have pursued my hobby of ornithology. A direct result of my study of birds has been an appreciation and general interest in our natural environment. Orono is fortunate to have much of its rural habitat intact. The park system should continue to complement this unique characteristic. Through education and exposure to the natural environment, I am hopeful that future generations will be able to understand and appreciate nature's delicate balance in their own community. 4) Mv ability to weigh issues objectively; The challenge of serving one's community is doing the best for the greatest amount of people while adequately assessing the outcome of those you cannot successfully accommodate. It is the ability to rationally work out solutions through objective listening of all points of view involved. It is this act of carefully understanding and weighing all the issues that I would strive to achieve. Enclosed is my resume. I thank you for your consiueration. Truly yours, Lili Tod McMillan / / //I, o o U <c; APPLICATION FOR CITIZEN ADVISORY COMMISSIONS CITY of ORONO Municipal Offices Post Offlet Box f)6 Cn^ Bay, Minnesou £5323-0066 TXLEPHO.VE - 473-7357 • FAX - 473-0510 r.: 1 5 192Z E '-X t ' Commission Applying For: Parks C omiti i s s i o n Community Task Force (Name) Planning Commission Name —■ f^OC.^ Address Post Office & Zip Code 6S^5L2. Telephone (H) (p/^ - V75 -99^(W) Resident of Orono Work Experience: ‘-niz.years rfiflthr-fbr _L0n<j LaKl pr<.V(pt----- .•^on^nnal <- C^^:(nr Ufi BdoeatioD H)d\ ^pto l -------------------~T7^~ PjiAO , n-f Kh nrM/]da.k- Cooio^- ---- • 9 • Ct»lc and Volunteer »cti*ities (past and present): Please state your reasons for wanting to serve on this Co^ission (Please be as specific as possible. Use additional sheet if necessary.) onmmanii^ ifirlt.idiVij ix'/ AhjL childnnAn/' . pr<i^ ab\us- , iCido ^ pptTf, oir. To aiv'i hr cMdrvn cf 6a(' cmniiii-iihj H)n\i.phn, -run ~6iimmiir . iA)ioie/'~ <1chv^^'‘V»s n pl/i,i ^ ham irwIuHi/lQ rn nvn. paanh mi-^h 4Kts<. achvi^i& What is your view of the role of the Commission? ^f\g. Cnmn]un\i^ ~thjL be*?'!:—I C(ir] ^ 4ta(; o/)mrh(in/l-j por/T-^ . aMmd_mW^n^X- f-hij-h'/7?f. -nor a !/Vir-fh(j Cau^^ also attach other materials you would like the Council to iJ/ii/i'n/? inun m 'AyL 0.rv of OrenO f>f' ^ !z — - • 'a --------r^ r?7i,'Mnn n T/imi,/ could hi. a qnah f) ^Ifw fhriC C/)nimi^D/t . 1 hnv^. ft. id:— of tnarc I h/ii/L ^0 ~h/TV. /??(/ <,<'li£/:iu.lrh'ohl^ ^ am a'/ailglQl< I andecstand thia appointment may be diacossed at a public neeting. I-S-9Z 111 te o o \* CITY of ORONO l!1} Municipal Offices Post Office Boi Costal Bay. MinnesoU 5532J-^Y>v» TELEPHONX --»T3-73r • F.AX-4TW510 application for citizen advisory commissions • » I . » I :'J j ^ V « k • 4 1C 1822 Commission Applying For: Parks Commission Planning Commission Community Task Force (Name) Name ;Pn A__^ Address / 3 ~ A'/fl P. post Office . Zip code M^o^d.------CUL------^ Telephone (H)>/72- 5/:?4 (W)*3 w Resident of Otono 52?years Work Experiences IaJ VA/t . r .? y Q/?S. ‘ ^ X. 7- U 6^ M i Mgcfit-^^rci civic and Lluoteer Activities (past and present): ^ S_^ Ufc/ -SC-/O ji^------------------------ <l n PS___I'P- - CITY of ORONO MunidpaJ OfT!ca Post Office Box 66 CnsuJ Bay. Mixinesou - TELEPHONT; - 4T>T35T * F.VX - 4T3J)510 APPLICATION FOR CITIZEN ADVISORY COMMISSIONIAN 6 1992 Commission Applying For: Parks Commission Community Task Force (Name) Planninc Commission Name /Y) ^ CTo tf ^ ^ Resident of Orono years Work Experience: Bdacatioa B.A. cu m l AiidP from St----QJaf rnUo gn, i ----------------- J.D. magna cum nn|v«»r«;ify nf »,MnnacnM T a»<> fiohoolj Cl»lc and Voluotaar Acllaitles (pa»t and present) Currently nn Board Qf r)rr>n^ C.->^rat oaa-a--—inc __^ T prt cn-noaro£-1>> root OT ft- <yf “-Ponrt- SpC!rr s^"ATCrrsr, Tnc . Please state your reasons for wantinq to serve on this Conmission (Please be as specific as possible. Ose additional sheet if necessary.) T am ooT-y i in —SpOCtS-y pa T tlcul 3 gl y—fOOtbaH'r hockey and baseball/ all of which my son plays._ _ _ _ _ _ _ _ __ I would like to serve on the Parks Commission to promote_ _ _ youth recreational facilities in Orono. I believe that I have knowledge which would be helpful in serving on the Parks_ _ _ Commission. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _—— ffhat Is your view of the role of the Commission? In my view, the role of the Parks Commission is to determine the community's needsfor youth recreational facilities- - - - and then to determine how best to satisfy those needs_withiri necessary budgetary constraints. _ _ _ _ _ _ _ ___ _ _ _ _ _ _ _ _- Other Comments; (Ose this space to include any further information you would like the City Council to consider, or that ■’^ouncri To consider.) I understand this appointment nay be discussed at a public •eeting. /- 3 - ?? Da t e /• /' t, ' \ * » ' K '• .1 ^ • \ ^ I. • • '.I • - r ■•'« ■•...,•. fT,/ AFPLICATION FOR CITIZEN ADVISORY COMMISSIONS CITY of ORONO Mujucpal Offices Posi OfCct Box 66 Crv5Ui Bay, Minnoota 5£323--0066 TELEPHO.N'E - 4T3--157 • F.\X - 4T3-J510 ; i 2 4 1222 Commission Applying For. Parks Commission Planning Commission Community Task Force (Name) Name Robert P. Hare V Address 1600 Long Lake Blvd Please state your reasons for wanting to serve on this Conmission (Please be as specific as possible. Ose additional sheet if necessary.) Having lived in Minneapolis and Edina, we realized we wanted to live in a com- munitv such as Orono and in 1987 we purchased a home across from Wolsfeld Woods. The natural beauty, the people and the envirpment have exceeded our expectations. I would like to help preserve what Orono has to offer. It is apparent that Orono is and will continue to be attractive to developers. 1 believe Orono can take a strong stand to protect its uniqueness through proper planning. I have knowleoge and experience in land use and land planning and great concern tor the community. ffbat is your view of the role of the Commission? My view of the Planning Commission role is to advise and assist the City Council in establishing the policies necessary to protect Orono while allowing inevitable growth. With completion of I-39d and the future expansion of Highway 12 1 have seen a tremendous increaseof interest, on the part of oeople looking to move to Orono. I feel this will be also one of the reasons that more land owners will attempt to develop vacant land. Other Comments: (Ose this space to include any further information you would like the City Council to consider, or that you feel is relevant to the appointment you are seeking. You may also attach other materials you would like the Council to consider.) I understand this appointment may be discussed at a public t meeting.. Sigha tore O O' CITY of ORONO II >r.«/ A Munidpal Offces Post Office Box 66 CfYStal Bay, Mlnncsou 5£323-0066 telephone - 473-7357 • F.\X - 473-0510 APPLICATION FOR CITIZEN ADVIiJORY COMMISSIONS rr JAN I C 1992 — i Commission Applying For: Parks Commission ^ Planning Commission I I Community Task Force (Name) Name Address 2. ^ f / Pr^/Jz' Post Office & Zip Code Telephone (H) V 7/ '7.'^S /-(W) ^".rz 9 / - x/o / Resident of Orono ___^ />? oJ^/9^S.yoacs. Work Experience: COZ/WTF /Ziy/r./rAf^z —-'■^-(^^^■><5 - ,? ^ - J - -.---"2,^ - ^ - A<-e:~c>c<^^/^J6< - Sc'nf^/e^ IjA^ ^ -— ------------------—;-------ZTT n cXic^^.^L>rcy Education • • • AszX Civic and Volunteer Activities (past and present): 7^c/72?-j:—Xxszx.—«2-—^ rtr:xr:^MllKHilKtl[IIIM riiuKMlltMtltM•■•IM »il:r. WiM rtKiM [•HiCtl •r:|tl:lllt r:aiir.r«T«Tim«i [•riiw MMir.i MiatmilvHliTtTt r.iiiiHCti •Km •I:Km MiKll[*4ll • MlIiKiM rtP;i«raiKO][•mitiir: kimntiFUiWuliil^j [•liitr.i MlIiKtlf [MUl Mtl#MiiHim •ir.KOKiiamiir:^ [•Hi tr.i r«]ii tr. MIIVfKfl O o CITY of ORONO • \I t MunjcipaJ Offices Post OffiiCe 66 Crv^staJ Bay, Minnesota 5323-0066 «■- i: ■> ,'. ; h'\'3 o'-/ TELEPHOM; - 47J-T357 • FAX • 4 ‘:>0£10 - V APPLICATION FOR CITIZEN ADVISORY COMMISSIONS JAr.' 0 ^qq2 Coimnission Applying For: Parks Commission ^ Planning Commission Community Task Force (Name) Name Address ^77v-KY\fCHZ/Ul^C post Office & Zip Code . ^cL Telephone (H)V7J- Ol^g (W) Resident of Orono years Work Experience: qJ7 Mf ■Jr<t f^£^r- Civic .Dd volunteer Activities (past and = cJ-L/' mAi t-lpyy\jy( - . __ Please state your reasons for wanting to serve on this Commission (Please be as specific as possible. Use additional sheet if necessary.) ^ ^ /) a /f / lOi V dfirr4>n iKCf C_&CT>(' J1 >4> M. Cerr4'^ What is your view of the role of the Coitiinission? )«y/gtO AL4iJe^fy^M'(- I 4-v-'Xwt£ ^ IprHrifcf H t C-Cy^rJ^r<Sr___r®------^A / / Other Comments: (Use this space to include any further information you would like the City Council to consider, or that you feel is relevant to the appointment you are seeking. You may also attach other materials you would like the Council to consider.) . ^ CO,HI. Z-M(Lh rO(J^j2 4v<t. __^-7-------- , .■■■ -'/SST^ ^ j — (LSn>^r^//rK/ fll 7 V 7 I understand this appointment may be discussed at a public Ddt ,0 _ o li ?■- • ll i!* -y. ^ ’* V t. >' CITY of ORONO MuiudpaJ Offices ^ Post Office Boi 68' Cmiai Bav. Minnesou fS3i3-< '‘'•^> V V 'o. £*> telephone -473-7357 • E\X • 47343510 __ JAM 2J 1992 APPLICATION FOR CITIZEN ADVISORY COMMISSIONS Commission Applying For: lef'.Parks Commission Planning Commission Name Community Task Force (Name) d-iiiii^ ■''IXuUaj Address is Telephone (H) Post Office & Zip Code Resident of Orono ^ Work Experience: fJrtJ ^ ^-2. /d L n /. l. Ji ( fj f J Bducatioo '£uiUAlJ^ t Civic, and volunteer Activities (past and present): Please state your reasons for wanting to serve on this Commission (Please be as specific as possible. Ose additional sheet if necessary.) J./xiA.yy'ivLLi.L . Jdjif A aj__(i» V. 7'^ ' ' / ^ i~ .\LUi ho9 F'4 (M- fUiI y ^e >^1 b H'y ^AMK jO t ^ V^i i L-fl'Lr 4-1 A lQ )/\i J t )AuC-cl ^ C{,0 Lt ^xi-L^ F l^aJ^ ^\J0^AUi^ AJ^'(A l4Tl(^ f\‘\i i ^ Jupk ^ r ^jj/WCfct M .m AiiJ tU) (J. ^>'i L aJlIa ^ ^ Iaa I \L1 ^x H a.k-C.K)9A.JLR{do ^//hP &^ni,tnUA^(i^ 'i)mJaA , Mhdti is your viow of tho role of the Connnission? -^L-J (Cm^( ■ MA\/nl\,il1!u-,- / ^ AM^y. XJLii ^AXtuk^ U/7 . /. i-. . 7 jp/A/KCA^ ^hduM. (LojuJ^'^j^^lP (fi fA//y'> (-'(^-> K^L-jS i other Comments: (Ose this space to include any further information you would like the City Council to consider, or that you feel Is relevant to the appointment you are seeking. You may also attach other materials you would like the Council to X nnderatand this appointment nay be discussed at a public ting. r ^Aryjtiuf / 7A(,/X/. S i Cl n .11 u r e < (Lr^ 'J D.itc . Bonestroo Rosene Anderlik & Associates Otto G Bcnesj'ty? C n Pt Vjrw n L Pf t Cco* PE e PE »T)0^ G P? V fCP* Engineers & Architects <er^ * PE P<c^4n3 Poite* PE yP"v * So-v'Jo^ p£ Vj'i * '-•j''wy' PE C JC’MX» PE Pocen C Pjiset • a »^:7wvAr3 A ijr»rr3 Pf Oiy'sc C §ci'v<'^:t PE >CJ A p-evj Pp V<r^ ' pp C J r'* p P>«»' <• P£ A PE Vn-'’je C PE Jitrre*! 9 \u^i P£ p P£ V«jr. P PE ji E p*" Ca>-^ .' E^7e**o^ **E A >^ Pp p*'f‘c j Ca.wvp* p* 0 Aa#»\ P£ Tnomas 9 Gj-^ p 9, r^' P* M 'es 3 ,e^w?- pfc L P^if»*c G'»vr" "' PE Pp'-Xf : P»vi^an A 4 M ?«r^; a i p PE l^' -c ' .»e' pf Ga»% A Mofe*^ Pf «J*^' L X-m*W> P£ •r-r^ P *atxj PE VU'-ae P PE r*'a'ip* A E*-'»sco M Pjsve s*. 1 *,♦ O v^'^'PA' * January ’ 17, 1992 %, 4i? City of Orono Box 66 Crystal Bay, Minnesota 55323 Attn: Mr. John Gerhardson Re: 1991 Seal Coat Our FUc No. 13953 Dear John: Enclosed please find three (3) signed copies of the 1st and Final Request for Payment for the 1991 Seal Coat Project. The project overran the original contract amount by $232.30 or 2.2%. The project has been satisfactorily completed and we recommend the City Council accept the project and make final payment. If you have any questions please contact me. Yours very truly. BONKTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. C7F Harlan M. Olson HMO:dh Enclosure 333S West Highway 36 • St. Paul, Minnesota 55113 • 612-636^600 •orwftfoo Atttlttw Owner Cily of Orono, Box 66, Crystal, MN 55323 Date January 17, 1992 For Period Start to October 22, 1991 Request No. 1 A Fmal Contractor Bituminous Roadways, Inc., 2825 Cedar Av S. Mpl.s, MN 554()7 REQUEST F OR PAYMEN-I 1991 Seal Coat File No. 13958 SUMMARY* 1 Original Contract Amount 2 Change Order - Addition 3 Change Order - Dcduci:on 4 Revised Contract Amount 5 Value Completed to Date 6 Material on Hand 7 Amount Earned 8 Less Rctainagc 0% 9 Sub-Total 10 Less Amount Paid Previously 11 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. S S 1 A Final Recommended for Approval by: BONESTRQO, RO^??NE, ANDERUK A ASSOOATES, INC. -r Approved by Contractor; BITUMINOUS ROADWAYS, INC Approve*! by Owner; CITY OF ORONO, MN SpeciTted Contract Completion Date: Date: nf«RFP !: 1032730 $10327.50 $10359.80 s 0.00 s 10359.80 s 0.00 $10359.80 $0.00 $10359,80 Bid 1 Bituminous material for seal coat 2 FA-2 seal coat aggregate (Cl. C) (chip seal) in place Total Work Completed to Date Unit Confrncl Quanflly Unit PriM Qfianllly To Dift AmaanI To Dot# c;l 9,000 Q.:6 9,205 5,154 JO TN 450 11.75 460 __5,405il0. $10^59^0 UW8.Rn*RP-l SP • Owner Project Project No. File No. Contractor ’ PAYMENT STATUS City of Orono 1991 Seal Coal •i 13958 Biluminous Roadways CHANGE ORDERS No. Date I tn.Mi Total Change Orders - Add No. 1 2 3 4 5 6 7 8 9 10 SUMMARY Period Start 10.22-91 Payment $10,559.80 Retainage $0.00 Completed $10,559.80 Total Payment to Date Retainage, Payment No. Total Value Completed 1 A Final $10,559.80 0.00 $10,559.80 Original Contract Change Orders Revised Contract $10327.50 0.00 $1032730 tsasaRrr RP 2 i. 12292.1 / ' TO: FROM: DATE: Mayor and City Council Ron Moorse, City Administrator January 22, 1992 SUBJECT: DNR Proposal #? For A Public Access on Maxwell Bay In response to the concerns raised and suggestions made regardinq their initial public access proposal, the DNR has developed an alternative proposal. The new proposal has many advantages over the initial proposal, however there are significant concerns remaining regarding this proposal. The proposal includes three points: 1. Move ahead with the purchase of the Straley property. 2. Study the feasibility of purchasing and developing the Gayle's Marina site, the Lakeside Marina site and residential properties located between the two marinas in addition to the Straley property. 3. Establish a Task Force to develop a comprehensive plan for meeting the 700 parking space goal for the lake. The benefits of the new proposal are as follows: 1. Provides for a more comprehensive approach to providing additional parking spaces in both Zone il and around the lake. 2. Potentially provides a total solution to the parking space issue in Zone #1. 3. The increase in public access is balanced by a reduction in private access. 4. Locates an access use on a site ‘■hat currently is used for a very similar activity. 5. Would provide an opportunity to develop the area within the city's standards. If a private party purchased the property, the current use could continue as is. If the DNR purchases the property, we have an opportunity to bring the site into conformance with city codes. 6. Would provide an opportunity to clean up parking problems on County Road 51. 1 The concerns regarding this proposal are as follows: 1. 2. The City has no indication about whether, or how many, additional access sites will be located in Orono. The City needs assurance that the new proposal will meet the parking space needs in Zone #1. The City also needs assurance that no additional access sites will be proposed until the overall parking space plan is completed. The DNR has idicated that if they cannot obtain sufficient funding for the new proposal, they will fall back to the original proposal. The City would then be back to all of the major concerns regarding the initial proposal. The DNR has requested that the City indicate whether it supports the new proposal including support for a grant application to fund the proposal. Because there are significant concerns still remaining regarding the new proposal, if the Council decides to support the proposal the Council may want to attach conditions to its support to address the remaining concerns. Possible conditions are as follows: The development of the access must meet all city regulations (with the exception of the actual access ramp). b. The City must be assured that the new proposal will eliminate the need for piecemeal access site development and will provide a tota’ solution to parking space needs in Zone #1. The City must be assured that no additional access sites will be proposed until the overall plan for the parking spaces is completed. If the Council is generally in support of studying the feasibility of purchasing the marina property the Council may want to adopt a resolution in support of a grant application to provide funding for the purchase of the marinai. Because the application review process will not be complete until the end of the year the City will have a significant amount of time to work with the DNR to address the remaining concerns regarding the proposal. A proposed resolution is attached for Council review. A RESOLOTION INDICATING SUPPORT FOR A GRANT APPLICATION TO FUND A COMPREHENSIVE PUBLIC ACCESS PROPOSAL ON MAXWELL BAY WHBREASr in 1983 and 1986 Citizen Task Forces determined the need for additional reliable car and trailer parking spaces on Lake Minnetonka to support public access, and WHEREAS, the Department of Natural Resources has developed a proposal that makes significant progress towards meeting the parking space goal while addressing many concerns of the City and lakeshore residents regarding the development of a public access, and WHEREAS, the proposal is part of a comprehensive effort that will involve a Task Force consisting of the lakeshore cities, lakeshore organizations, and residents working to develop an overall plan for reaching the total parking space goal, and WHEREAS, the comprehensive proposal will reach the total parking space goal more effectively than a piecemeal effort. NOW, THEREFORE BE IT RESOLVED, that the Orono City Council does hereby indicate its support for the DNR's application for funding through the LCMR to enable purchase and development of properties to implement its comprehensive public access proposal on Maxwell Bay. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held January 27, 1992. ATTEST:Barbara A. Peterson, Mayor Dorothy M. Hallin, City CTerk The City Council and City Administrator will met in a work session at 3:00 p.m. on Thursday, January 30th to discuss the Council's 1992 goals and work plan. Prior to the work session the Council will be provided with a list of staff goals for 1992 and a list of major issues facing the city in 1992. ’•V • * ?- To: Fron:. John R. Gerhardson, Public Works CoordinatoiT'- . Jack Brinkhaus, Street Foreman January 22, 1992Date: Subjec?t: Seasonal Weight Restrictions ^^O jho Attached is a list of the recommended axle weight limiw restrictions for each City street. The streets will be posted fron March 15 through May 15, 1992. The normal length of time that restrictions are in effect is related to weather conditions. Certain streets might be closed to school buses if a street becomes impassible. In the past several years, we have allowed solid waste haulers to continue their normal operations, limiting them to gross weight on any single axle of seven tons or 14,000 pounds. If a street shows signs of severe breakup we will limit the solid vaste haulers to smaller vehicles. I have drafted a resolution for the 1992 weight limits for Council approval. Xo: Mayor Peterson & Orono Council Members Frooi: Ron Moorse, City Administrator Forwarded recommending approval. /A PROPOSED MOTIOH: Moved by _ _, seconded by _ _, that Council adopt Resolution #_ _ _ _ establishing the 1992 Weight Limits for City streets from March 15 through May 15, 1992. Ayes - -, nays The City of Orono ordains that axle weight limits are restricted on the following streets in the City of Orono from March 15, 1992 through May 15, 1992 in accordance with regulations as provided in Chapter 6.11 of the Orono Municpal Code. No refuse collections vehicles shall be operated during the seasonal restriction time where the gross weight on any single axle exceeds 14,000 lbs. and no vehicles shall be operated upon any City street at any time where special posting specifially prohibits refuse collection vehicles. The following streets are limited to five ton axle limits: Lakeview Terrace Leaf Street Lilac Lane Linden Avenue Linden Lane Livingston Avenue Loma Linda Avenue Long Lake Boulevard Long Lake Union Cemetary Road Lydiard Avenue Lydiard Circle Lyman Avenue Lyric Avenue Maple Lane Maple Place Mapleridge Lane Minnetonka Avenue Minnetonka Highlands Minnie Avenue Myrtlewood Road Navarre Avenue Navarre Lane North Arm Drive Ncrth Arm Lane North Ferndale Road Northern Avenue Oak Street Old Beach Road Cld Long Lake Road Olive Avenue Orchard Beach Place Orchard Park Road Orono Lane Orono Orchard Road Orono Townline Road Arbor Street Baldur Park Road Barrett Avenue Bayview Place Bederwood Drive Birch Lane Blaine Avenue Bohn'8 Point Lane Bohn's Point Road Brackett’s Point Road Briar Street Brown Road, North Carman Road Carman Street Caroline Avenue Casco Avenue Casco Circle Casco Point Road Cherry Avenue Cherry Place Chevy Chase Drive Chippewa Lane Concordia Street Corral Road Country Club Road Crestview Avenue Crystal Avenue Crystal Bay Road Crystal Place Cygnet Place Dahl Road Dickenson Street Dickenson Street Alleys Dickey Lake Drive Dunwoody Avenue East Lake Street East Long Lake Road Eileen Street Elm Lane Elm Street Elmwood Avenue Ethel Avenue Fagemess Point Road Fairview Cottage Farview Lane Ferndale Green Ferndale Road West Forest Arms Lane Forest Lake Drive Forest La;ce Landing Fox Ridge Road Fox Street (S. Brown to Orono Orchard) Fox Street (S. Brown to Willow Drive) Fox Street (#84 to Willow Drive) Frederick Street Glendale Avenue Grandview Avenue Hackberry Hill Hanlon Avenue Heritage Drive Heritage Lane High Lane Highwood Road Hunter Drive Ivy Place Keene Avenue Kelly Avenue Kenwood Way Lakeview Avenue Lafayette Ridge Court Page 1 of 2 Continuation of five ton axle limit streets: Park Avenue Park■Drive Park Lane Partenwood Road Pheasant Lawn Road Prospect Avenue Railroad Avenue Rest Point Circle Rest Point Lane Russell Avenue Scotch Pine Lane Shevlin Drive Smith Avenue Spates Avenue Spring Rill Road Spruce Place Starkey Road Stubbs Bay Road Tamarack Drive Togo Road Tonka Avenue Tumheun Road vine Place Watertown Road Wear Lane North Wear Circle Webb Street Webber Hills Road West Ferndale Road West Lafayette Road w-^st Lake Street wildhurst Trail Willow Drive (Dickey Lake Dr to Sixth Avenue) Willow Drive (Sixth Avenue to Medina City limits) Willow Drive (from South Bro’.'Ti Road to Fox Street) Willowbrook Road Windjammer Lane Woodhill Avenue The following are nine-ton axle limit: Old Crystal Bay Road McCulley Road Tonkaview Lane Willow Drive (from Watertown Road to Long Lake) Willow Drive (from Fox Street to Watertown Road) Willow Drive (from Highway 12 375* north to Otten Brothers driveway) The following bridge is limited to 18-ton per vehicle: 29 Tons per truck and full trailer or semi-trailer combination: Willow Drive The following bridges are limited to 19-ton per vehicle: 32 Tons per truck and full trailer or semi-trailer combination: Old Crystal Bay Road West Ferndale Road Adoped by the City Council of the City of Orono, Minnesota at a regular meeting held January 27r 1992. ATTEST: Dorothy M. Hallin, City clerk Barbara A. Peterson, Mayor Page 2 of 2 TO: Ron Moorse, City Administrator PROM: John R. Gerhardson, Public Works Director DATE: January 14, 1992 SUBJECT: Equipment Purchase Golf Course f. > X For 1992 we budgeted for replacement of the pickup truck for the golf course. As usual we participated in the bidding process through Hennepin County Purchasing for this item. Superior Ford was the lowest responsible bidder at $13,453.00. Recommendation to award the bid for one 1/2 ton 4 w/d pickup for the golf course to Superior Ford for an amount of $13,453.00. Proposed motion moved 2nd to award the bid for one 1/2 ton 4 w/d pickup for the golf course to Superior Ford for an amount of $13,453.00. 12392.1 H TO; FROM; DATE; Ron Moorse, City Administrator Tom Kuehn, Finance Director January 23, 1992 ''fin. % SUBJECT: Insurance Renewals and Agent ot Record Aateement for 1992 Attachment; A. Insurance Policy Premium Tabulation B. Agent of Record Agreement ISSUE 1. Adoption of award recommendations for renewal of insurance coverages effective January 1, 1992. 2. Approve and appoint insurance agent of record for 1992. DISCUSSION INSURANCE RENEWALS Attached is a comparative tabulation, by type, of the 1991 actual and 1992 estimated insurance premiums, and the 1992 budget amounts. The total of all lines for 1991 was $153,864 compared to the 1991 budget of $158,600. The estimated total for 1992 is $155,374 como’red to the 1992 budget of $161,260. The multi peril package .eflects an increase of $12,665 or 23% from 1991 to 1992. The property premium increase is due to the addition of the emergency preparedness sirens and the new water well and pumphouse on Highway 12. Most < f the other increases are due to rate or rate factor increases except for the builders risk on the new city facilities ($1,558) and the proposed addition of the petroleum tank liability coverage through the Petrofund Reimbursement ($2,318) which are both new cove; .ges for 1 992. The renewal premiums shown are all actual renewal costs with the vendors indicated with the exception of the liquor liability insurance for the golf course beer sales which does not renew until April 1, 1992 so will be presented in March 1992; however the estimated premium shown should be very close. The estimated renewal for all 1992 insurances is $155,374 compared to the 1992 proposed budget of $161,260 or a difference of $5,886. In December, 1991 the City received an LMCIT dividend check in the amount of $17,181, which is larger than the usual amount. There is no guarantee of the dividend for 1992. AGENT OF RECORD .... The City of“"5"rono Agent of Record Agreement with Mr. Duweyn Carlson of the Apple Valley Agency needs to be renewed and signed for policy year 1 992. We were satisfied with Mr. Carlson as he continued his high level of service to the City during 1991. The fee for service for 1992 is $7,000 which is an increase of $200 r r:, , m or 3% from 1991 and is included in the 1992 insurance budgets. The agent fee is reduced by commissions earned throuoh the policy premiums paid by the City. For example the fee for service in 1991 was $6,800.00 but after applying the commissions the C’ty's direct cost was $2,028.45. RECOMMENDATION It is recommended that the 1992 insurance coverages be approved and awarded as presented on Attachment "A" and that Mr. Duweyn Carlson, Apple Valley Agency, be appointed insurance agent o: record for 1992. PROPOSED MOTION - Moved by seconded by to award .he insurances effective January 1, 1992 to the League of Minnesota Cities Insurance Trust for multi peril and excess liability $98,122; to United Fire and Casualty for surety bonds $1,171; to Western National for boilers $314; to St. Paul Conipanies for computers $520; and to appoint Mr. Duweyn Carson, Apple Valley Agency, as Insurance Agent of Record for 1992 at a fee ni't to exceed $7,000, including commissions earned through policy premiums paid by the City. Ayes __, Nays __. 1 POLICY AWARDED TO Worker Compensation LMCIT LMCITMulti Peril Package, Including Property Vehicle Lia/Coll/Um Inland Marine Errors & Omissions General Liability Crime Business Interruption Inverse Condemnation Builders Risk - New Facilities Petrofund Reimbursement Total Multi Peril Package Public Employees Bond Monies 6 Securities Boiler Computers Umbrella Excess Liability Liquor Liability for Golf Course U F & C U F i C We ‘j ♦ * ' a t' 1 St. Paul Co. LMCIT St. Paul Co. Agent of Record Grand Totals Apple Valley Agency ATmcffMsvr A INSURANCE ACTUAL RENEWAL PREMIUMS PREMIUMS PREMIUMS BUDGET 1991 1992 1992 $ 53,776 A)$ 46,872 $ 70,870 4,761 7,096 10,199 8,360 2,540 3,173 4,293 6,404 30,422 35,649 81 81 1,547 2,090 1,112 891 -0-1,558_n—2,318 54,955 57,620 54,4^ 1,035 1,064 1,210 107 107 90 291 314 300 500 520 500 30,023 30,502 30,410 1,375 (B) 1, -5 1,400 6,800 (C)7,000 (D) 2,080 $153,864 asassssa $155,374 aasaasas $161,260 saasaaaa (A) Renewal approved at 1/13/91 Council meeting (B) Renewal date April 1, est premium (C) Gross fee including commissions (D) Net fee after commissions I I irr -iniikM^n^ P-: i. ' :4. f r i - r; ■■■ ■ ATlACHKlFM B CITY OP ORONO AGENT OF RECORD AGREEMENT Duweyn P. Carlson of the Apple Valley Agency agrees to perform the following services for the City of Orono: 1, The negotiation and placement of all the required insurance; 2. Information on relevant changes in insurance markets, products and services; 3. Assistance in developing comprehensive insurance coverages; 4. Provide an insurance policy inventory and summary; 5. A complete accounting of commissions earned (direct only) on the account; 6. A cumulative five-year premium and loss record; 7. Prepare an allocation of premium by department as required by the City; 8. Loss exposure list and classification; up-dated annually; 9. Assist with all claims and losses; 10. Assistance in minimizing premiums; reviewing and auditing rating basis, formulas, etc. 11. Assistance in loss prevention engineering and loss control; 12. Willingness to keep an in-agency record of losses including reserves established; 13. Assist the City in Risk Management program. The fee for service for the Insurance Policy year 1 992 will be $7,000.00 and will cover the following: 1. Conduct an Exposure survey and prepare specifications 2. Obtain quotes 3. Review policies, billings and claims I F F-R I'-pt-r: The City agrees to pay $ 1,000.00 upon delivery of the policies, and the balance of $6,000.00, less commissions received, upon documented presentation. This agreement is valid for the calendar year 1992. APPLE VALLEY AGENCY Date Duweyn Carlson CITY OF ORONO Date Barbara A. Peterson, Mayor Date Ronald Moorse, City Administrator TO:Mayor Peterson and City Council Ron Moorse, City AdministratorPROM:Jeanne A, Mabusth,Building & PDATS:January 24, 1992SUBJECT:Home Occupation License Pertinent Sections: MemoJanuary 24, 1992 Page 2Staff Recomaendation:«Approval of the management consultant phase of AsbestosControl’ Management, Inc. operation and to requireused in the removal phase of the business be stored off-site and out of a residential used area. Approval is based onthe management consultant operation meets all the standards set forth in Section 10.20, Subd. 4(C). »Application Date:Date License Approvea:Date License Expires:_ - _ _ «j hCZTSr OF ORONOP.O. Box 66» 1335 So Brown Rd APFUATIO n 'pOR ANUnAL HOME OCCDPATIOR LICEHSE j®”$ 3 0 ? 6 0MAMEt^T£/r ADDRESS \ US {PHONE: <l')3~_ CITY: ^rrna (CxJa AfMo. of Employees within operation:p^^ovid© X^sti of n&m©5 of ©xnploye©s on back of this application.Type of Business to be Operated XiiemaM mt be rewcdced if any violation occurs. City staff shall have five sehednled before the Council at the next regularly scheduled neetojsg heic on the second and fourth Monday of each month. *** QROMO MOHICIPAL CODE REGDLATIONS ON HOME OCCUPATIONS PURSUAHT TO SECTIOH 10.20, SUBDIVISION 4 (C) Prohibited Home Occupation Practices. 1.It is unlawful for any business operating as a home occupation to engage in operation vrithcut proper licenses. All persons engaged in the business must-reside in the dwelling. No commercial signs permitted other than signs permitted in uhe r«sia.ntial zone. 'OEC 3 1 i991 CIU ORC^D No excessive stock in trade may be stored on the premises DfFIiE XfJi. .4 UV VXrVV over the counter retail sales is not allowed. £urrA Entrance to the home occupation must be gained structure.smasriWOTftr The undersigned hereby agrees to the conditions quoted above from the Orono Municipal Code and any additional conditions the City may require. Signature of Applicant^t^^./o /^fVc^ ■*« FOR CITY USB ONLY: After review of application, staff recommends the following: Approval of License _ _ _ Denial of License Signature of Zoning Official: Signature of Fire Inspector:_ f;', r k -.V k. r I r'f. LZSTZnC KAMEt WPipna>LPYEB$s U/l NAME: address X CITY ADDRESS: \ 4 /%/ ZIP: 3X2^ZIP: / DATE OP BIRTH: HAMEx JiDDSESS:A/Xy7l\X^ CITY:ZIP: DATE OF BIRTH: NAME: ADDRESS: CITY:ZIP: DATE OP BIRTH: ADDRESS: CITY:ZIP: DATE OF BIRTH: DATE OF BIRTH: NAME: ADDRESS: CITY:FT-^T) • A« ^ JT • D7^TE OF BIRTH: NAME: ADDPi:SS: W ^ • DATE OF BIRTH: ADDRESS: C^TY J DATE OF BIRTH: mmm% Asbestos Control Management, Inc. 2645 Watertown Road, Long Lake, Minnesota 55356 Telephone 612 473-0023 ... Fax 612 473-0846 . . ^ I.. : . ' J January 21, 1992 ifM 2 1 .1292 Orono City Council PO Box 66 crystal Bay, MN 55323 Ladies and Gentlemen of Orono Council: We have applied for a Home Occupation License at our address at 2645 Watertown Road, Long Lake, MN, for Asbestos Control Management, Inc., which is owned by Patricia C. Dickey. On January 2, 1992, we received a letter from Lyle Oman, Building Inspector, denying our application. It was our opinion that his findings were inaccurate, so Mr. Oman and Jeanne Nabusth were invited, by us, to view our operation in pe'*son on January 15, 1992. This was done to alliviate any mis-conceptions of our Company and what we actually do as ACM, Inc. At ACM Inc., all physical work is done on-site at Schools, Commercial Buildings and Residential houses. We employ Independent Contractors on a as needed basis who are licensed and certified by the State of Minnesota. It is from this pool that we draw from for abatement work and unless you are Licensed and Certified, you can not perform abatement work. We manage this work from 264 5 Watertown Road and our space is used by Patricia C. Dickey, President, who owns and manages the Company and William P. Dickey, who conducts surveys and does estimating. There is no storage of equipment or large trucks at this site. Both Mr. Oman and Ms Mabucth inspected our office area. It should be noted that since 1963, when we built our house, we have had a business located in our home. They were Camp Tonkawood, Tonkawood Ski School, Tonkawood Farm, DiCon Construction, Tonkawood Construction, Dickey Construction and Realty, Wd Construction, Nature Best, Dickey Natural Systems and now ACM, Inc. We also own a large out building which is on a separate parcel of land which adjoins 2645 Watertown Road. This building was built in 1968 to house Tonkawood Farm Stable, a Commercial Riding Estabishment which trained, bought and sold horses through our Trainer. This barn was open to the public and proper zoning was obtained ^o have a Commercial Business at this site. We have used this building in the past for many of the Businesses previously mentioned. We presently use this building for storage of excess equipment related to the Abatement Business. No asbestos waste or the ACM truck are stored either in or outside the building. All asbestos waste is picked up on-site where A.C.M. ~ Page 2 abatement is being done or hauled to a covered and locked EPA approved container located nt an off sitr commercial space. The truck referred to in Mr. Oman's letter of denia^ has been removed and we now lease apace at a commercial Garage. Most of our equipment is on-site at fi^tament projects and less than 10% of our equipment is stored in our barn. In fact, ony three (3) stalls are used for storage of equipment idilch consists of Poly, Small Vacs, Hepa Filtration Machines, Lights, Ladders and Miscellaneous small tools and items. Again both Mr. Oman and Ms Mabusth inspected this facility. IA I ■ 4,6 CITYofORONO Municipal Ofllcts POfliOmccP' *66 Ci7$Ul Bay, Minnaoca SS3IM)066 January 2, 1992 Mr. and Mrs. William Dickey 2645 Watertown Road Long Lake, Minnesota 55356 ReI Home Occupation Dear Mr. and Mrs. Dickey: This office received your home occupation license application on December 31, 1991. Your application states the type of business to be operated is "Management Consultants." The business that was brought to the City's attention was A.C.M. Asbestos Removal. A complaint received by the City referred to trucks coming and going from your property with ACM, Inc. signage. The City's inspectors have also observed trucks and two men loading and unloading items at the horse barn. An ad in U.S. Direct yellow pages for ACM, Inc. provides an address of 2645 Watertown Rd. (see attached). Due to these findings, staff must recommend denial of your home occupation license and require you to cease this operation from that location. If, in your opinion, our findings are inaccurate or if you have any questions, please feel free to contact me at my office. Sincerely LYLE OMAN Building Inspector LO/ch Bnc. cct Jeanne A. Mabusth, Building t Zoning Adm. Michael P. Gaffron, Asst. Planning ( Zoning Adm. Bruce Vang, Field Inspector TFXEPIIONE - 473^7357 • FAX - 47W>*I0 [of ORONO MunkiiMlOeilcci tal Bay. Minatsuu S53IMnM ■\ license application on B the type of business to ’ The business that was M. Asbestos Reaioval. A a trucks coining and going f. The City's inspectors iding and unloading items illow pages for ACM, Inc. . (see attached). Due to 1 of your home occupation 'ation from that location, curate or if you have any at my off.^ce. I Adm. I Zoning Adw. ii.' I I* i:v; ■ h- Ey- ‘I" 1^ If--: Iy. mIv;'. it i • «/ LIST OP licenses for COUNCIL APPROVAL 70R MEETING OP January 1Q--c "i Cigarette License - Wayzata Country Club 200 Wayzata Boulevard Ou / Op/Jss/^C Jimmie's Inc. 3380 Sh reline Drive % O'Sullivans 2420 Shadywood Road Orono Golf Course 265 Orono Orchard Road Rick's Super Valu 3333 Shoreline Drive Navarre Lanes 3425 Shoreline Drive Navarre Liquors Inc. 3421 Shoreline Drive Crystal Bay Service 3398 North Shore Drive Keaveny's Navarre Drug 3425 Shoreline Drive Navarre Amoco 3360 Shoreline Drive '^rono Shopping Center 2160 Wayzata Boulevard REsidentail Kennel License - Ross Nathanson 2420 Countiyside Drive r I I i f! V CV' i: ^14:4' ti-': .V •■ I r., Cl 1* r of OKUi!VO <73.73» IAX>47M5M APPLXCHTIOV FOR LXCSNSB TO SBLL CIGARETTES AT RETAIL Orono Municipal Cod« S«?ction 5.24 AJiiilIf1. mu* of Applicant WAYZATA O Mailing Addcasa 200 wayzata blvd CLUB City/Stata/Zip Coda ^jiftYZATA, mn 55391 Phone Number 612 473 8846 tAlaerl: 2. Salei Location: Name SN4E AS ABOVE JAN 2 3 ClJy OF DRI3N0 ^ QfFKE Street Address Mailing Address t Ui i7i iA %JA AteV'VVV/V -------------------£0.00 0€CK TL 20,00 EiURUTUm YOU Phone Number it2332j0 cool ROl TIU. ____________01/23/^ 3. Principal business carried on at thi. location PRIVATE CLUB h'f . ¥ *•Method of Sales: Over Counter Other (Vending machine sales prohibited per Ordinance 81» 2nd Series Effective date 5/1/90.) j anice application for license to sell cigarettes at retail at the location subject to the laws of the State of Minnesota ar1 the Ordinances of the city of Orono during the following quarterly periods: Feb-Mar-Apc LICENSE PEES May-June-July Aog-Sept-Oct /Nov~Oec-Jan Expiration date of license, Jan. 31, each year. Annual license fee is $20.00. Where applicable, as in the case of seasonal sales, this nay be pro rated by quarters, at $5.00 per quarter. Make remittance payable to: CITT OF ORONO Signature of applicant Dated f-lb-*.AVI cmr«f ORONOPo*t Omce Box 66*Cry«Ul Bay. MinnewU 55323•Munidpai 0«c« On the North Shore of Lake Minnetonka administration -47>735« FAX - 47V0510 pp^j^XXOH FOR LICENSE TO SELL CIGARETTES AT RETAIL 19 9^ Ocono Municipal Code Section 5.24 X R«flie of Applicant ----------------------------- _ ^ HAiling Address ^ 7^^ g-^ City/State/Zip Co^ - i^dU a) T^y aJ. S'^ Rhone Numter ^7^ & Seles Locatioi^t R Street Address ^ 3%^ ^i---------- Nailing Address /2^_ / t- - - Phone Number ^’7f_ ~~ '7^ -- - - - - - - - - - -- CITY OF DfM FIHAHCE OFFICE i-i< '-Art AM 20,00QEH lUElH 20,00 imiPT-THm YOU ei‘33Cl& C&Oi m T09: 01/23/9 _ /• •t Principal business carried on at this location ^ ^7"^ Method of Sales* Over Counter Other ft/cUCD A «-7? ustL teAicUtii<, t__ tk«r«Kv Mice aoolication for license to sell cigarettes at retail at the iV* *1^oSJtloV^»Vbj«ct to th« laws of th. state of Minnesota and the ainaiMU of the City of Orono duclns the following quarterly periods. ^ Feb-Mar-Apr May-June-July LICENSE FEES K Aug-Sept-Oct t/' Nov-Dec*Jan Expiration date of license, Jan. 31, each year. Annual license fee is $20.00. Where applicable, as in the case of seasonal sales, this may be pro rated by quarters, at $5.00 per quarter. la remittance payable to* CITY OF OBORO Signature of applicant Dated ife z-zz ■L'l'".k... rnrwv'V CITY of080N0Po«tOfHo» Bom tt»Cryitol Bay. Wniiwot« 55323*Mwniripal (XBeM 47^7391 FAX-4734910 jypfUCJ^TlOM FOS LXCBHSB TO SELL CIGAEETTES AT RETAIL Ocono Municipal Code Section 5.24 19 !• Naa« oC Applicant Hailing Addceaa _ Cl^-y/State/Zip Code &fiC Phone Nuaber ______D ^ ______ aj rr 3 ^ 7 2. Sales Location: Street Address 1 Nailing Address Phone Nuaber __ AHX o ovu. . r< b ciiy OF dfm) FlHAfiCE OFFICE lSU£i>im- P.C.3 AitU M 'm ^7/- C RECEIPJ-THm YOU mmo cool Ml 709:E Ay 3. Principal business carried on at this location fer/?^H__ 01/23/9 Cl r <yir.v ffc'.t'Ctr' 4.Method of Sales: Over Counter Other (Vending aaehine sales prohibited per Ordinance 81, 2nd Series. Effective date 5/1/90.) j hereby aake application for license to sell cigarettes at retail at the ahoee location subject to the 'aes of the state of Minnesota and the ordinances of the city of Orono during the following quarterly periods: —-- -— LICSaSB FEESFeb-Nar-Apr May-June-July Aug-Sept-Oct Nov-Oec-Jan Expiration date of license, Jan. 31, each year. Annual license fee is $20.00. Where applicable, as in the case of seasonal sales, this nay be pro rated by quarters, at $5.00 per quarter. Make reoittance payable to: CITT OF ORONO Signature of applicant Dated ^ \ / 2. / /? /.f ak; CITYof ORONO onto Bo. M.Cr,«J B.,. 55323.M«»dpJ 0«c- On tht Sarth Short of Lakt Minnetonka ttlOOIOB FOR LlCraSB 10 SBIi CIGRBBTTBS AT RBTAU.u Orono Municipal Code Section 5.24 Mas# of Applicant Nailing Address City/State/2ip Code ^ Phone Number _ _ _j? ^ ^ 0 ^ tales Location: Name ttseet Address nailing Address Phone Number ^ T Principal business carried on at this location Method of Sales: Over Counter Other Itaby of Vhe^ sVate *orMlVnesota and the lini2r^« quartetly periods; reb-Mar-Apr T.Trwm fBSS i May*J une-J uly Aug-Sept-Oct -oec-Jan - Bipltatlon date of license, ^.31. eSh year. Annual license ***,^*,h, S20.00. Where JS be prrrated by quarters, at $5.00 per quarter. camittance payable to: ciTT^or^«0*0 Signature of applicant Dated P:. 5'‘ § CITY or ORONO PmI Oflle* Bm M*Cryital Bay. Miaacaota S6323*Maaidpal OIB<9«a 473.7351 FAX-4734510 AFTLXCATlOn FOR LXCBHSB TO SELL CIGARETTES AT RETAIL Ocono Municipal Code Section 5.24 19 1. Ebb# of Applicant Mailing Address _33.S3 !! •■> f /Pr *• City/State/Zip Code Phone Number yy)rO n t .4 ises- 2. Sales Locationt Name _ _ Street Address Nailing Address Phone Number D 3o Principal business carried on at this location will wr wnwifw FimCE OFFICE iJi 1200000 01 QCH 20. (» LutCk R 20,00 RE^IPT-Wm YOU nJJ2490 LOOl liOl liOi- 01/14/9 4. Method of Sales: Over Counter Other (Vending machine sales prohibited pet Ordinance 81, 2nd Series. Effective date S/1/90.) X hereby make application for license to sell cigarettes at retail at the Hbove location subject to the laws of the State of Minnesota and the ordinances of the city of Orono during the following quarterly periods: ^ Peb-Mar«Apr t V May-June-July Aug-Sept-Oct Nov-Dec-Jan Expiration date of license, Jan. 31, each year. Annual licenfe fee is $20.00. Where applicable, as in the case of seasonal sales, this may be pro rated by quarters, at $5.00 per quarter. K%ke remittance payable to; Signature of applicant Dated /- y- CITYof ORONO TM onu. 8m«.C.».u1 B.,. 55».M«.udwl Offlc- On tkt Sorth Short of Lake Minrutonka ADMIMSTRATION - 473-735i FAX-473-05)0 WtianOTI FOR LICBHSB TO SBLl CIGABBTtBS AT RETAIL Ocono Municipal Code Section 5.24 !§«■• of Applicant Nailing Addtasa _ A City/state/zip Code Phone Nunbec ^ ft/££I±JL ilTi cr Bfm FIfiAHCE OFFICE ■ijliDOom— Sales Location: llaae - Stseet Addcess . Mailing Address J/A ____________^ Oi QEH 20.00 CHECK 71 20.00 RECEIPT-THm YOU it232420 cool ROl T12r -----------------01/13/ 3c/_____ Phone tiumbez Pcincipal business carried on at this location tju L^f aA ^ Method of SalesI Over Counter - - -^Other b baseby aake application oee location subject dinances of the Cl of t^th^e^'l.”' o°f tU^ s\^a\V'or*Mi*n'n/ao?^ Orono during the following quarterly periods: Peb-Mar-Api S( May-June-July T.Tmsg FEES Aug-Sept-Oct K Mov-Oec-Jan i?cir2«: unure'i^;!.”; $20.00. Where ^ case of seasonal “if fS’^p.Epro rated by quarters, at 55.00 per quarter. ta saaittanee payable to: CITY OF Signature of applicant Dated CITYof ORONO Port Ollk. B.. B.y. 563!3.Mimidp.l 00k. On th* North Shore of Lake Minnetonka ADMlNISnUTlO.N -4TJ-73M FAX - 47XJ510 u?9LXCATZ<FOR LICKHSE TO SELL CIGARETTES AT RETAIL Ocono Municipal Code Section 5.24 CITY OF omo Fima OFFICE 1311200000 01 OH 20.00 ^ICK TL 20.00 ____FT-rim YOU L‘Ji9yo ivOi kOl T13:^01/06/9 L. Naae of Applicant Mailing Address City/State/Zip Code Phone Number - 117 6 1882 . Sales Location: Name_ Street Address Mailing Address Phone Number Pci i^^a:business carried on at ^his location Vv\\ Mvtbod of Sales: Over Counter _- - - - bosobjr Mbe •PP^ft*‘^?"to°'thV'Trws of Vhe^ sVate'*of*Mlnne'sVta and the dl.lnon%V “t"b.“l4 of olo^o" durin, the follo-i«, quarterly periods: Other Feb-Mar-Apr May-June-July Aug-Sept-Oct Noe-Dec-Jan iE FEES Bspiratic date of license, Jan. 31, each year. Annual license i* . $20.00. Where applicable, as in the case of seasonal sales, this pro rated by quarters, at $5.00 per quarter . la remittance payable to: CITY Signature of applicant Dated . . .. . .- ... . . . . . . . . . . . . f'CITYof ORONO Post Offlw Bo* 66*CrysUl Boy. Minn€*>U 5S323*Munidl>ol Ottcto On the North Shore of Lake Minnetonka ADMINISTRATION - 473-T35S FAX - 47M510 WLIGATIOII FOR LICBHSE TO SELL CIGARETTES AT RETAIL £2 Orono Municipal Code Section 5.24 ■••• of Applicant Ae\r Mor VK City/S tate/2 ip Code QpO HQ------.1^ \ ft ----- won. Hu»b.r f/Q ^'7^ --------- Qr\ue^ OF ofum FiHANCE OFFICE Sales Location: II S>er\i (ce ILl. R MoriK ^Q£& a 1311200000 01 CEU 20.00 a^CK R 20.00 RCCUPT nmtK m^ fTLLLil i Nailing Address Phone Nuaber 1 ^ M *1 I pclneipal business carried on at this location \ Method of Sales: Over Counter Other M..b, ~lc. “7,^: ot til iliniSro* th. City of Orono dutin, th. follo-in, quarterly periods: Feb-Has-Apr LICENSE FEES Hay*June-July Aug-Sept-Oct Hov-Dee-Jan Expiration date of license, Jan. 31, each year. Annual license fee is $20.00. Where applicable, as in the case of seasonal sales, this may be pro rated by quartets, at $5.00 per quarter. la fsaittanee payable toi CITT iignature of applicant ^ Dated _i> 8 .1-13 • • CITYof ORONO Port OWleo Boe 66*Crv«Ul B«y. Minaooot* 65323•Munidpal OfBcoo On the North Shore of Lake Minnetonka AOMI.NISTRATIOM - 47J.735I FAX-47M5I0 \nLlCkT10a FOR LXCBHSB TO SELL CIGARETTES AT RETAIL • Ocono Municipal Cod© Section 5.24 l\V. 8 1992 L. of Applicant Nailing Addresa _ A' i./ a>->y^----- ------ /P / Q /I^City/Stat-i/Zip Code __ Phone Number ^ ^I ^ ^ L l» Sales Locations ^ Name X^./< C Street Addresa C f/ k><^__— Nailing Address ^ t /i'^. /1'%U __ 'v . Phene Number ______ cw OF emo FWAHCE OFFICE 13U200000 01 CEH 20.00 a^CK n 20.00 YOU'f:h’LHLltlHI-lh....... 0232160 ^001 m 713:- -----------------01/08/' ^6-/7; v7/-ivvr I* Principal business carried on ^ this location /2f^; k Nethod of Sales: Over Cr nter Other f heseby mahe application for license to sell cigarettes at retail at the ^e location subject to the laws of the state of Minnesota and the Kdinanees of the City of Orono during the following quarterly periods. r-- P'tl? 0.- I \J Feb--Nar-Apr jT Nay-June-Jul; y Aug-Sept-Oct ___Nov-oec-Jan LICKMSE FEES Espiration date of license, Jan. 31, each year. Annual license fee is $20.00. Where applicable, as in the ease of seasonal sales, this may be pro rated by quarters, at $5.00 per quarter. Ike cemittance payable tos ^Vt-i i ORONO V Signature of applicant Dated //7 — - .j*- CITY of ORONO Post Oflic* Box 66*Cry«Ul Bny. Minn«*)U 55323•Municipal OtRcm On the North Short of Lake Minnetonka ADMINISTRATION - 473-7351 FAX--*734»5I0 cirr or or<Qm fm^iCE OFFICE py ^jgltTTQM FOR LICENSE TO SELL CIGARETTES AT RETAIL Orono Mi^cipal Code Section 3.24 IJJ^OCOO 20. DC 20.00CHECK TL RECEIPT-THAHK YOU S232040 COOl ROt TIO: 01/03. , Eaao of Applicant Mailing Addceaa ^ ^ ^ Pbon* ll»:«b€E ^ / P ~ ^ ^ 8al«a Location: Addtesa ? •? -------- Nailins Addt... r7/M?-/y/f-/ei^l£L. ^^ Phone Nuffiber Pcineipal buaineia carried on at this location Mothod of Sales: Over Counter Other h.C«by -I.. of Vh'.SVa’tV'orMlnn«o ‘ti\nd‘ driuuMM*ef °b* City of Orono during tbe following quarterly periods! Fab-Mar-Apr May-Juna-Jttly Aug-Sapt-Oct Hoa-oac-Jan LICTN8B FEES Kspiration date of license, Jan. 31, each year. Annual license fee is $20.00. Where applicable, as in the case of seasonal sales, this way be pso fated by guarters, at $5«00 per quarter. im raaittanea payable to: CiTy OF Signature of applicant Dated r: CITYofOROHM) IW Offiet Bos 66*Cry«tel Bsy, Miiin«K>U 55323*Munidpol OfBcos , — On the North Shore of Lake Minnetonka administration -473-735i FAX - 47MSI0 m' APPLICATIOH FOR LICBNSB TO SELL CIGARETTES AT RETAIL 1C 19C2 19 Orono ‘lunicipal Code Section 5.24 1.Naflie of Applicant Nailing Address _A/i y ^ Cl ty/S tate/2 ip Code X >1/Cx M /)/- Phone Number y O ‘V y-/o 2.Sales Location: Name ^ ^ Street Address SA A A/ <TiL /:y^0 C6y^9 -V / ^ gjyy y tWCW OFFICE 13H200000 01 CEM 20.00 ^ r/C^A- 71 20.00ULccm nm you -y y,, ^U232310 COOl ROi T12:.-1 --------omo/\ Nailing Address ^ Phone Number ^ ^^ 2* Principal business carried on at this location / .5^/^ s 4. Nethod of Sales: Over Counter X Other X hereby make application for license to sell cigarettes at retail at the location subject to the lawsnboee location subject to tne laws of the state o^ Minnesota Md the •tdinanoes of the City of Orono during the following quarterly periods: Peb-Nar -Apr LICBUE PRES w Nay-June-July Aug-Sept-Oct Nov-oec-c^n Expiration date of license, Jan. 31, each year. Annual license fee is $20.00. Nhere applicable, as in the case of seasvnal sales, this may be pro rated by quarters, at $5.00 per quarter. HsJls remittance payable to: CITT OP ORONO Signature of applicant V .•■t'-Dated Miii Owner: kennel license application — — ^ sT 3 — # i-^ /Effuanua-/ If /2cj^<> &JL ATV AaJ^iAt L LyfiC^ 5TA 35 <-Mailing Address (if different): ,.on.. (ho.e)_, ““Si »2S“«company aw Maximum No. of dogs to be kept at one time: ^ (over 3 months of age) principal Bread: purpose for more than 2 dogs ^ inside i/ kennel structure Dogs normally kept. .. ^.^insxae - -- Name of Easiness: Clff OF Ci<vUO_ HiihriCF OFFICE i Jaw.^vvvvv ,'' 'r»i- - - - - ■ »aa.*t Normal Business Hours:- - - - After Hours Contact: (n«e). Dog runs/exercise areas are: '■‘s) ............................................... s^j^O CCOl ROl TIC it 12/03/^ inside _ _outside - -botn ^ / —- - - - - - - The undersigned Oet.by mahes appl^ca^on^ « undersigned *®^”®"^**^^** ^‘Violate any provision of any und does not grant any i.^ion: the undersigend hereby City Ordinance or other inspect the premises prior to •rants the City permisssion ^ reasonable time during the ssiisio*.', *4 4{ 3V""=iurin**’inV license approval. giey Use On^ jaei inspected by lends Approval Date ►l* Denial F k 01/19/92 PR C8 PRREGOR 121 EMP • NAME 471688060 474563339 471840871 475443862 472503991 469526026 475989721 468821018 472529007 468701868 507585424 469686562 468420832 469037884 474667812 475380151 4775006C6 475444249 477463877 ‘!71569863 477647279 475604753 504260307 4725C0574 121262417 477730023 334506281 477028779 468909535 476783251 470700901 469841107 475382983 473746173 469629194 475569177 267460042 472563051 474663296 470704904 475505292 468629488 500403192 477881539 ANDERSON, BRUCE L BOBZIEN. SUE A BOSMA JAMIE L BRINKHAUS. JOHN F CHESWICK. GARY B CORNICK. JAMES L DEMBOUSKI, JAY C ENGLISH III. IRVING ERICKSON. KURT R FISCHENICH. DAN T FRITZLER, JOHN M GAFFRCN MICHAEL » GERHARDSON JOHN R GOMAN DAVID J GREGORY JAMES D DOROTHY M STEVEN C CAROL J , CAROLt BRADLEY P . RICKY D JANICE M . CHARLOTTE / THOMAS M HALLIN HANSEN HANSING HASEMAN JOHNSON KARNITZ KENNEN, KNUTSON KUEHN MABUSTH. JEANNE A MOORSE. RONALD J MOROWCZYNSKI JAMES NELSON DAVID D OBERAIGNER. SCOTT Q OBRIEN. RANDY L OMAN, LYLE L PALMER. GREGORY A OUAST. WAYNE A RATHBUN BARRY J SKREEN DALE S STEFFENHAGEN. RONALD SULLIVAN. STEPHEN X THOMTON MARK R TOMCHECK LAWRENCE F TOMCZYK. HARK W VANO, BRUCE L VLE. LINDA S WALTERS LINDA G WECKMAN. STEPHEN J 01/31/92 PR CM PRREGOR 120 3^A/( lA %0 YTD CURRENT DPT GROSS GROSS 31 3283 38 1801 46 31 1954 88 987 52 12 1157 61 580 33 42 3105 16 1568 56 31 3296 00 1648 00 31 2852 96 1426 48 31 2586 31 1121 77 31 3066 94 1532 47 31 2908 47 1454 24 31 3548 37 1627 .08 31 3273 04 1599 04 33 2838 80 1434 01 42 4C29 93 1885 69 35 256 63 128 38 42 2712 67 1287 55 14 4.2445 36 1235 28 42 2064 40 1051 20 31 1081 26 614 59 12 1693 12 870 84 31 3162 97 1672 38 31 532 85 181 00 31 506 08 281 76 15 1954 86 987 51 15 4176 14 2109 60 33 3555 05 1795 83 12 4276 80 2038 40 31 3140 25 1454 24 35 444 31 273 53 42 2208 44 1011 14 92 2433 09 1400 27 33 283S 78 1434 01 42 1931 81 1002 24 92 2831 81 1529 21 92 2087 16 1054 33 42 2064 40 1051 20 93 2446 54 1235 28 31 3769 12 1884 56 31 2852 96 1426 48 31 2906 45 1479 97 31 3053 90 1490 60 33 2445 38 1235 29 12 1759 36 888 73 15 1888 73 1145 28 33 2040 55 1030 81 54.949 14 COU AJC ,/ IHP •NAME DPT YTD GROSS CURRENT GROSS BUTLER. MARY C 11 241 67 241 67 CALLAHAN. EDWARD J 11 241 67 241 67goetten. j oiann 11 241 67 241.67 JA8BOUR GABRIEL 11 241 67 241 67 PETERSON. BARBARA A 11 300 00 300 00 1.266 66 V^ I'Itll CITY Of OfONO CHECK NO. DATE HCIM7 HCIMI HCIMI HCItM HCIMf HCIttt HCIttt HCIttS HCItM HCIttt HCIttt HCIttt HCIttt HCIttt HCtOOO HCtOQl HCI002 HCtOOZ HCtOOS HCtOOS HCtOOS HCtOOt HCtOOt HCtOOS HCtOOt HCtOOt HCtOOt HCtOOS HCtOOS HCtOOl HCtOOl HCtOOS 01/10/92 01/10/92 01/10/92 01/10/92 01/10/92 01/10/92 01/10/92 01/10/92 01/10/92 01/10/92 01/10/92 01/10/92 31/10/92 01/10/92 01/10/92 01/10/92 01/10/92 01/10/92 01/10/92 01/10/92 01/10/92 01/10/92 01/10/92 01/10/92 01/10/92 01/10/92 01/10/92 01/10/92 01/10/92 01/10/92 01/10/92 01/10/92 AMOUNT 900.00 900.00 • 195.00 195.00 * 96 423 273 67 123 28 498 30 855 142 214 II 2,143 .87 .70 .13 .03 27 .93 .96 .01 .22.17 .31 .03 .03 15,010.00 15,010.00 • 5,145 94 5,845.94 • 3.00 2.00 5.00 • CHECK REGISTER VENDOR POSTMASTER ST PAUL 1ST NATNL 1ST NATNL 1ST NATNL 1ST NATNL 1ST NATNL 1ST NATNL 1ST NATNL 1ST NATNL 1ST NATNL 1ST NATNL 1ST NATNL 1ST NATNL NOWEST M PERA COMM-REV S TX COMM-REV S TX 413.60 1ST NATL BK 274.12 1ST NATL BK 76.91 1ST NATL BK 134.27 1ST NATL BK 26.85 1ST NATL BK 567 94 ISST NATL BK 24 49 1ST NATL BK 676 93 1ST NATL BK 112 13 1ST NATL BK 168 20 1ST NATL BK 91.87 1ST NATL BK 2.561.01 • 183.20 OTTEN BROS 183.19 OTTEN BROS 1,766 39 • 900 00 POSTMASTER 900.00 * 12,439 57 FUND 01 TOTAL 1,138.20 FUND 72 TOIAL 16,275.70 FUND 73 total ni.to FUND 74 TOTAL ITEM DESCRIPTION POSTAGE CLASS PICA PICA PICA PICA PICA PICA PICA PICA PICA PICA PICA PICA 12-8 12-8 12-8 l.-’-S 12-8 12-8 12-8 12-8 12-8 17-8 12-8 12-8 LSIll RENOV PMTI2 PERA 12/18-31 SALES TX NOV SALES TX NOV PICA F1C.\ PICA PICA PICA PICA PICA PICA PICA PICA PICA 12/24 12/24 12/24 12/2412/24 12/24 12/24 12/24 12/24 12/24 12/24 RESTRTN PINAL RESTRTN PINAL POSTAGE 12-31-91 PAGE IACCOUNT NO. INV. t P.O • MESSAGE 01-1262-000-00 MANUAL 01-4358-129-31 MANUAL 01-4142-020-11 01-4142-039-12 01-4142-069-51 01-4142-111-31 01-4142-115-31 01-4142-121-31 01-4142-174-33 01-4142-185-35 01-4142-249-42 72- 4142-549-91 73- 4142-569-92 74- 4142-590-93 MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL 73-4531-569-92 MANUAL 01-2031-000-00 MANUAL 01-3500-000-00 01-3516-000-00 MANUAL MANUAL 01-4142-039-12 01-4142-069-15 01-4142-111-31 01-4142-115-31 01-4142-121-31 01-4142-174-33 01-4142-185-35 01 -4142-249-42 72- 4142-549-91 73- 4142-569-92 74- 4142-590-93 MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL 72- 4531-436-14 73- 4531-434-82 MANUAL MANUAL 01-1262-000-00 MANUAL •••-CKt GENERAL PUND WATER OPERATING PUND SEWER OPERATING PUND GOLF COURSE OPERATING PD 0 lltl CITY OF ORONO CHECK NO. DATE k- r'-". ■> iv*-.- i- % ; ■- ->• .♦ AMOUNT30.033.37 CHECK REGISTERVENDOR ITEM DESCRIPTION 12-31-81 FAQCACCOUNT NO. INV. • P.O. f MESSAGETOTAL j.' O o ... . "1 I -j •i 'i - — - -m # A1912 CITV OF ORONO t.027014 027014 027041 027042 027042 027042 027042 027042 027040 0270S4 ■••••ft 027072 •••••ft 027013 0270IS 027111 027129 027130 CHECK REGISTEHNO. DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV 01/22/92 01/22/92 69.04 75.61 144.65 A ALL STAR ELECTRIC ALL STAR ELLCTRIC LOT REPAIR REPAIR C HALL 01-4233-:49-42 01-4343-099-17 01/22/92 306 07 396 07 A RMS ROAD MACHINERV PARTS 01-4232-249-42 01/22/92 01/22/92 01/22/02 01/22/02 01/22/02 65.50 74.00 110.10- 110.10 65.50 205.00 A ASPLUND COFFEE ASPLUNO COFFEE ASPLUND COFFEE ASFIUND COFFEE ASPLUNO COFFEE COFFEE COFFEE COFFEE COFFEE COFFEE 01-4382-039-12 01-4382-129-31 01-4382-174-33 01-4382-174-33 01-4382-174-33 01/22/02 1,033.00 1,033.00 A ASSN MtTRO MUNICIPS AMM DUES 92 01-4380-020-11 01/22/02 1,0.... 70 1,036.70 A BARTON SAND/QRAVEL SAND 01-4233-249-42 01/22/02 10 28 10 28 A BOYER FORD TRUCK PART 01-4232-249-42 01/22/02 167.04 167.94 A BRYAN ROCK PRODUCTS ROCK 01-4233-240-42 01/22/02 19 50 19.50 A BUDGET PRINTING BLUE PRINTS 25-4322-480-00 01/22/02 31 01 31 01 A CHESWICK/QARY SEMINAR 01-4356-120-31 01/22/02 252.85 252 85 A CONNELLY INDUSTRIAL REPAIR 72-4345-549-01 . 01/22/02 137.92 137.02 A COLONIAL LIFE INS CO JAN INS 01-4152-120-31 % • A 01-27-92 PAGE •FOR MESSAGE r • « 0 -CKS •**-CKS -CKS •••-CKS •••-CKS •••-CKS •••-CKS •••-CKS •••-CKS I. » '"j19f2 CITV OF ORONO CHCCK NO. DATE 027U3 027143 027143 027143 027143 027143 027143 027143 027143 027154 027171 027199 027199 t 027203I I ■ ■’027240 027240 027240 02742$ j!- 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 o AMOUNT 133 07 • 44 95 44.95 • 144.00 144 00 * 114.22 5,650.00 5,764 22 • 14.69 14.89 • 30 12 30 12 * 190.00 190.00 ■ 107 10 107.10 ■ 231.00 231.00 • . •CHECK REGISTERVENDOR ITEM DESCRIPTION CVS UNIFORMS OORAOUS CORP ROLF E ERICKSON ROLF E ERICKSON ERICKSON/KURT FRITZLER J MARK GOVERNMT TRAING SERV HACH CHEMICAL CO LEAGUE OF MN CITIES UNIFORMS MAINT OTR SIRENS SUPPLIES FEB FEES TAPE CLASS SEMINAR TEST CHEMICALS DIRECTORIES ACCOUNT NO INV 01-27-92 PAGE 2 • P 0. 4 MESSAGE 1.95 COMMERCIAL LIFE/GRP JAN INS 01-3872-000-0016.99 COMMERCIAL LIFE/GRP JAN INS 01-4152-039-1225.65 COMMERCIAL LIFE/GRP JAN INS 01-4152-069-1555.80 COMMERCIAL LIFE/GRP JAN INS 01-4152-129-316.99 COMMERCIAL LIFE/QRP JAN INS 01-4152-174-3320.19 COMMERCIAL LIFE/QRP JAN INS 01-4152-249-422.02 COMMERCIAL LIFE/QRP JAN INS 72-4152-549-912 63 COMMERCIAL LIFE/GRP JAN INS 73-4152-569-9285COMMERCIALLIFE/GRP JAN INS 74-4152-590-93 01-4221-129-31 01-4342-175-34 01-4210-059-14 01-4307-059-14 01-4’10-129-31 01-4356-129-31 01-4356-039-12 72-4234-549-91 01-4240-039*12 O MU*-CKS •••-CKS •••-CKS -CKS CKS •••-CKS • • H -CKS -CKS •••-CKS • a*.CK;{ ti V..'1»«2 CITY OF ORONO .riCCK NO. DATE 027431 •••••a 027441 0274S0 027487 027417 027487 027487 027474 027477 027477 027477 027477 027477 027477 027477 027477 027477 027477 027477 027477 027S13 •••••• 027S48 027S48 027S48 01/22/92 01/22/82 01/22/92 01/22/02 01/22/92 01/22/92 01/22/92 01/22/92 AHOUNT CHECK REGISTERVENDOR ITEM DESCRIPTION 13 27 13.27 • LONG LK FORD TRACTOR 25 68 25.68 LONG LAKE TIRE SERV 15.00 15.00 MINNESOTA GFOA 130.80 130.80 502.02 130.80 894.42 MED CTR HEALTH CARE MED CTR HEALTH CARE MED CTR HEALTH CARE MED CTR HEALTH CARE 16,291 00 16,291.00 • METRO WASTE 01/22/92 5.46 MIDWEST BSNS PROD 01/22/92 12.64-MIDWEST BSNS PROD 12.63-MIDWEST BSNS PROD01/22/92 5 46 MIDWEST BSNS PRC»01/22/92 62.34 MIDWEST BSNS PROD 55.23 MIDWEST BSNS PROD01/22/92 40.15 MIDWEST BSNS PROD 01/22/92 4.33-MIDWEST BSNS PROD01/22/92 5 45 MIDWEST BSNS PROD01/22/92 41 23 MIDWEST BSNS PROD01/22/92 5.45 MIDWEST BSNS PROD01/22/92 12.64-MIDWEST BSNS PROD PARTS TUBE GFOA MEMBERSHIP FEB INS FEB INS FEB INS FEB INS FEB FEE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES SUPPLIES SUPPLIES OFFICE SUPPLIES SUPPLIED OFFICE SUPPLIES SUPPLIES OFFICE SUPPLIES SUPPLIES 187 53 • 01/22/92 300.00 300 00 •MN POL RECRNMT SYS MEMBERSHIPS 01/22/92 100 00 NAaB TERRI 1/13 MTG01/22/92 too 00 NAAB TERRI 1/6 MTQ01/22/92 100 00 300 00 • NAAB TERRI 1/21 PC MTQ ACCOUNT NO. INV 01-4232-290-61 73-4341-569-92 01-4380-069-15 01-4151-069-15 01-4151-129-31 01-4151-174-33 01-4151-249-42 73-1282-000-00 01-4210 01-4210 01-4210 01-4210 01-4210 01-4210 01-4210 01-4210 01-4210 01-4210 01-4210 01-4210 039-12 039-12 059-14 059- 14 060- 15 069-15 129-31 129-31 174-33 174-33 240-42 249-42 01-4380-129-31 01-4306-039-12 01-4306-039-12 01-4306-174-33 01-27-92 PAGE 3 • P 0. 8 MESSAGE NUN -CKS ••*-CKS •••-CKS •••-CKS •••-CKS -CKS •••-CKS •••-CKS n ,1 1992 CITY OF ORONO CHECK NO. DATE027597 027929 '.rii.. 027699 02767S 027706 027775 027775 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 Q iliirt iiiiiti- AMOUNT CHECK REGISTERVENDOR ITEM DESCRIPTION4,095.42 4,095.42 ■ PUBLIC EMPL RET ASSN PERA 1/22 21 50 21.50 • POSTMASTER PO BOX rental 1.69 1.69 • RITZ CAMERA FILM DEVELOP 1,718.52 1,718.52 * ROLLINS OIL CO GASOLINE 381.91 381.61 * SOS PRINTING DARE BOOKS 505.00 200.00 705.00 • TOWN & COUNTRY TOWN & COUNTRY JAN CLEANING JAN CLEANING 01-27-92 PAGE 4 ACCOUNT NO INV. 9 P 0. • MESSAGE01-2031-000-00 01-4321-129-31 01-4210-129-31 01-1260-000-00 01-4243-129-31 01-4342-099-17 01-4342-129-31 027799 01/22/92 69.21 69 21 • UNIFORMS UNLIMITED UNIFORMS 01-4221-129-31 027815 027815 027815 027915 027915 027815 027815 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 48 93 58.81 92.39 27.41 53.64 22.42 33.22 306.82 • US WEST US WEST US WEST US WEST US WEST US WEST US WEST COHMUN COMMON COMMON COMMON COMMON COMMON COMMON TELEPHONE TELEPHONE TELEPHONE DATA PROC TELEPHONE DATA PROC DATA PROC 01-4320-129-31 01-4320-129-31 01-4320-175-34 01-4355-099-15 72-4320-549-91 72- 4355-549-91 73- 4355-569-92 027921 027921 027921 01/22/92 01/22/92 01/22/92 9.00 39.95 20.09- 28.89 • VILLAGE VILLAGE VILLAGE CHEVROLET CHEVROLET CHEVROLET PARTS PARTS PARTS 01-4232-249-42 73-4234-569-92 73-4234-569-92 •«••••• 027901 01/22/92 330.00 MILE SEMINAR 01-4356-129-31 ••*-CKS •'•-CKS •••-CKS •••-CKS • US -CKS -CKS -CKS •••-CKS O SmJ'*lifts CITY or OftONO . mm o CHECK REGISTER 01-27-ft2 PAGE 5*1 CHECK NO.DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV F 330.00ft ^ 027102 [■ ;■ 01/22/62 43.00 43.00 N LANDIS & GYR PARTS 73-4234-589-92 027103 f f 1 02710# 01/22/92 67.00 67.00 ft DNR DIV OF WATERS PERMIT 72-4383-549-91 01/22/92 125.00 125.00 ft NO STAR ICBO SEMINAR 01-4356-174-33 027I0S 01/22/92 108 00 101.00 ft U OF MINNESOTA CLASS 01-4356-174-33 027106 01/22/92 10.00 10.00 ft MN DEPT OF AGRI LICENSE 74-4383-590-93 20.912.03 19.50 505.73 16,415.39 10 85 FUND 01 TOTAL FUND 25 TOTAL FUND 72 TOTAL FUND 73 TOTAL FUND 74 TOTAL GENERAL FUND WATER OPERATING FUND SEWER OPERATING FUND GOLF COURSE OPERATING FO t ■ ■'37,933 50 TOTAL ft • ••CKS . , •O utmmmt 19tl CITY OF ORONO CHICK NO. DATE .V I CHECK REGISTERAMOUNTVENDOR ITEM DESCRIPTION ACCOUNT NO. INV027613 01/22/92 157.60 PERRYS TRUCK REPAIR REPAIR 01-4341-129-31 027613 01/22/92 1.917 55 2.075.15 • PERRYS TRUCK REPAIR REPAIR 01-4341-249-42 027661 01/22/92 260 00 260.00 A REO RAJ KENNELS IMPOUND FEES 01-4360-185-35 364074 01/22/92 100.00 BONESTROO ROSENE ASN ENG RETAINER NOV 01-4304-200-41 364074 01/22/92 19.00 SONESTROO ROSENE ASN ENG CONSULT NOV 01-4305-200-41 364074 01/22/62 22.50 BONESTROO ROSENE ASN ENG CONSULT NOV 01-4305-249-42 364074 01/22/92 75.00 BONESTROO ROSENE ASN BIKE PATH HENN CO 01-4305-290-61 364074 01/22/92 736 06 BONESTROO ROSENE ASN ENG APPLIC NOV 01-4305-440-71 364074 01/22/92 75.00 BONESTROO ROSENE ASN ENG CONSULT NOV 23-4305-358-00 364074 01/22/92 744.00 BONESTROO ROSENE ASN ENG STUBBS BAY SWR 24-4305-408-00 364074 01/22/92 243.42 BONESTROO ROSENE ASN ENG WTR EXT 91-2 21-4305-426-00 364074 01/22/92 142.52 BONESTROO ROSENE ASN ENG SAN SWR 91-2 24-4305-426-00 364074 01/22/92 1.443.30 BONESTROO ROSENE ASN INSP WTR EXT 91-2 24-4306-426-00 364074 01/22/92 1,077.46 BONESTROO ROSENE ASN INSP SAN SWR 91-2 24-4306-426-00 364074 01/22/92 49.24 BONESTROO ROSENE ASN ENG STREET 91-2 25-4305-488-00 364074 01/22/92 j72 56 BONESTROO ROSENE ASN INSP STREET 91-2 25-4306-486-00 364074 01/22/92 45.00 BONESTROO ROSENE ASN ENG HWY 12 WTR 72-4305-436-44 364074 01/22/92 625.00 BONESTROO ROSENE ASN INSP LSll NOV 73-4531-569-92 ?®4S- ••01/22/92 602.43 6.777.33 A BONESTROO ROSENE ASN ENG CONST LSll NOV 73-4531-569-92 36408S 01/22/92 165.09 165.09 A BUDGET PRINTING PRINTING 01-4322-129-31 364127 01/22/92 4,404.00 4,404.00 A COFFIN GRONBERG LAND ENG 25-4305-486-00 364142 01/22/92 205 00 205.00 m COPY DUP PK INC RENTAL 01-4210-129-31 364212 01/22/92 22 50 EXPRESS MESSENGER POSTAGE 01-4321-039-1236421201/22/92 11 25 33 75 a EXPRESS MESSENGER POSTAGE 01-4321-174-33 at 364274 01/22/92 20.00 GOPHER STATE ONECALL DEC FEE 72-4306-549-91364274. 01/22/92 30.00 50 00 A GOPHER STATE ONECALL DEC FEE 73-4306-569-92 01-27-92 PAGE 1 • P 0. • MESSAGE ■ • •-CKS *»*-CKS -CKS •••-CKS •••-CKS -CKS •••-CKS n 1991 CITY OF ORONO CHECK NO. DATE CHECK REGISTER 394301 394301 394309 394437 394437 394541 394541 394541 394549 394549 394549 394549 •••••• 394592 364592 394574 •••••• 394929 394929 394929 394929 394929 394929 394929 394929 394929 394929 394929 394929 394929 394921 394929 394929 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/92 01/22/62 01/22/92 Q AMOUNT 151.857.37 158,957.3’- 15.8“5.3. 15.885.37 19 75 72 62 89.37 • 2.97 8.38 129.69 5 37 1 99 19.32 14 175 09 78 82.07 1,376 12 1,458 19 • 95 00 895.00 * 743 3,174 1,317 445 408 1,317 99 229 1,232 184 390 296 1,493 195 19 40 11,579 40 10 50 15 80 00 00 50 50 00 05 00 97 00 00 20 17 • VENDOR HENN CTY SHERIFF DPT HENN CTY SHERIFF DPT HENN CTY SHERIFF DPT CITY OF LONG LAKE CITY OF LONG LAKE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE NSP NSP OFFICE PROD OF MN POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM HAIK & HAIK & HAIK & HAIK & HAIK A HAIK A HAIK A HAIK A HAIK A HAIK A HAIK A HAIK A HAIK A HAIK A HAIK A HAIK A ASSOC ASSOC ASSOC ASSOC ASSOC ASSOC ASSOC ASSOC ASSOC ASSOC ASSOC ASSOC ASSOC ASSOC ASSOC ASSOC ITEM DESCRIPTION RADIO RENTAL 91 RADIO RENTAL 91 RADIO RENTAL 91 FLASHER LFT STAT SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES UTILITIES UTILITIES PRINTER LEGAL RETAIN NOV LEGAL PROSCTN NOV LEGAL HRA FORMATION LEGAL G NELSON NOV LEGAL LLIOS NOV DNR LAKE ACCESS NOV LEGAL CONSUTL NOV LEGAL CONSUTL NOV LEGAL APPL NOV LEGAL CONSU"^ NOV LEGAL CONSUTL NOV LEGAL CONSUTL NOV LEGAL CONSTR MGR LEGAL LAND ACQ LEGAL APPL NOV LEGAL CONSULT NOV ACCOUNT NO. INV 01-4330-129-3 01-4330-129-31 01-4330-129-31 01-4325-249-42 73-4344-569-92 01-4210 01-4231 01-4232 01-4343 72- 4234 73- 4232 74- 4232 129-31 099-17 249-42 099-17 549-91 569-92 590-93 01-4324-175-34 72-4324-549-91 01-4560-129-31 01-4301 01-4302 01-4303 01-4303 01-4303 01-4303 01-4303 01-4303 01-4303 24-4399 24-4399 24- 4399 25- 4303 25-4303 25-4303 72-4303 080-16 080-16 080-18 080-16 080-16 C80-16 080-16 129-31 840-71 454- 00 455- 00 461-00 480-00 480-00 480-00 436-84 01-27-92 PAGE 2‘ • P 0. • MESSAGE •••-CKS •••-CKS • • *-CKS ***-CKS ■ • •-CKS •••-CKS o i •>nil CITY OF ORONO CHCCK NO. DATE • ••••a 364719 364719 364724 364740 364740 364796 364950 364151 3649S2 fr- ^ j I"' ' • /i- 01/22/92 01/22/92 01/22/92 01/22/^r 01/22/. 01/22/92 01/22/92 01/22/92 01/22/92 G AMOUNT 99.8S 20.00 119 88 1,147 39 1,147.39 2 40 57.50 59.90 218 56 218 56 * 782 39 782.39 • 10,559 80 10,559 80 • '..i /CHECK REGISTER VENDOR ITEM DESCRIPTION DIXIE PETRO-CHEM DIXIE PETRO-CHEM ST TREA-ST BDQ INSP STRETCHERS STRETCHERS UNIFORMS UNLIMITED TCS ENTERPRISES BITUMINOUS ROADWAYS 13,929.21 13.828 21 • DORSEY A WHITNEY 42,446.11 FUND 01 TOTAL 75.00 FUND 23 TOTAL 4,925.15 FUND 24 TOTAL a0,759 02 FUND 25 TOTAL 1,603.19 FUND 72 TOTAL 1,346 77 FUND 73 TOTAL 14 09 71,169 33 FUND TOTAL 74 TOTAL 01-27-92 RAGE 3 ACCOUNT NO. INV. i P.O. I MESSAGE CHLORINE DEMURRAGE 72-4234-549-91 72-4324-549-91 4TH OTR SURCHRQ 01-2222-000-00 PARTS REPAIR 01-4232-12?-31 01-4342-129-31 UNIFORMS 01-4221-129-31 AMMO 91 SfALCOATING BONO COUNSEL FEE 01-4241-129-31 01-4233-249-42 25-4300-480-00 GENERAL FUND MUNIC STATE AID CONS FUN PERM IMPROVE REVOLVING F 91 PUBLIC FACIL CONSTR F WATER OPERATING FUND SEWER OPERATING FUND GOLF COURSE OPERATING FD •••-CKS • « 4h -CKS •■•-CKS ‘••-CKS a a a -CKS a a a -CKS n I r I'i t; L'^s >:j3 5lV- 1 ?i •» > i £^C '•V. r'- COiJN' ;,MEEIIH6 JAN 2 ^ M9t CITY OF OROMO L Ul!)/lfi£ 3380 SHORELINE DR. NAVARRE. MN. 55392 L vMH 2 I iS92 ajUI'vcjt /’7. /79'z- / / ^^"smsh /. e.y / ^ i KcrJi V-f- <^^- 4 t;i' -2W/ >--/ FACILITIES DESIGN COMMITTEE MEETING FROM: DATB: Mayor and City Council Facilities Design Committee Ron Moorse, City Administrator January 17, 1992 SUBJECT: Minutes of the Facilities Design Committee Meeting of Tuesday, January 14, 1992 1. The Committee discussed the budget and cost estimates. A. The updated budget and cost estimates are attached to the minutes. B. The project is currently within budget, however there are a number of alternate items that are beyond the budget amount. These are items the city could add if the remainder of the project comes in under budget. The list of alternate items is attached. An explanation of several of the alternate items is as follows: 1. The base building, which currently matches the budget, includes the following: a. Saxon brick (larger size) versus modular brick b. Brick for t.ie accent stripe versus a stone band c. Forced air heating versus hot water heat d. A minimum second floor structure for both the administrative and police buildings Also attached to the alternate is a price summary sheet for furniture and equipment for the administrative and police buildings, furniture for the council chambers and audio/visual equipment for the council chambers. One item that needs to be added to the furniture and equipment list is computers. One item that needs to be added to the alternate items is an emergency generator. Several Issues were discussed concerning the alternate items: 1. Second floor expansion. The Americans with Disabilities Act (ADA) regulations require an elevator for second floor storage (see the attached memo). This requirement did not exist when the initial plans were made for the building. The city will need to determine the most cost effective way to provide for storage space and future expansion in view of the ADA regulations. Alternatives that were discussed are as follows: a. Plan the full second story in both administration and r police^ and plan space for future elevators for each. b. Plan for the full second floors on both buildings but plan for them to share an elevator. ■f r H- 1^;: f,. ;!'■ . : ■•'■ (': ■';« Tii*', f"- f'' t?'' OfCNO SUMMARY SHEET CITY OF ORONO PRELIMINARY COST STATEMENT REVISED 1/14/92 BULOINO CONSTBUCnON CITY HALL/POUCE ^ , 16,500 *f 9 S80/sf vt 17.328 »l ® $79/sf POeUC WORKS CONSTRUCTION 24S00«f • YS 26.000 sf <3> S45/sl BUDGET $1,320,000 $1,176,000 $150,000 ESTIMATE $1,366,077 $1,175,891 $85,000 5,000 sf 9 subtotal $2,646,000 $2,626,968 2 SITE DEVELOPMENT SITE UTILITIES 80I.00RECT10N LANOSCAPINQ / SCREENING BITUMINOUS / CURB A QU11 bR DEMOLITION / EXISTING BLDGS $25,000 $160,000, $60,000 $90,000 $35,000 $43,000 $202,000 $60,000 $90,000 $35,000 SUBTOTAL $370,000 $430,000 3 FURNOMNOS A EQUIPMENT CITY HALL ALLOWANCE PUBLIC WORKS EQUIPMENT SAND A SALT STORAGE $175,000 $175,000 $75,000 $175,000 $175,000 $45,000 SUBTOTAL $425,000 $395,000 4 CONSULTANT COSTS ARCH/ENa FEE COSTS BGNOtia FEES OiSCOUNT COSTS $215,000 $60,000 $60,000 ^ % $242,000 ' ' « $60,000 $60,000 ‘ SUBTOTAL $335,000 $362,000 ' 5 LANDCOSTS LAND COST SALE OF EXIST. MUNICIPAL SITE bale OF POfmON OF SEWER POND SITE $292,000 ($34,500) ($150,000) V $292,000 ($34,500) X ($150,000) SUBTOTAL $107,500 $107,500 6 MIBC. COSTS ISSSo PR0FES8ONAL FEES $15,000 $0 $27,000 « $15,000 V j SUBTOTAL $42,000 $18,000 7 OWNER CON1WIO0ICV $150,000 $136,032 B total project ESTIMATE total $4,075,500 $4,075,500 r CITY OF ORONO UPGRADE OPTIONS CITY HALLff>OLICE Boarman Kroos Pfister & Associates January 14,1992 om4\b\8-itbi T., (ouowlns l..m, represent upgrades to the current estimate and would he ____•^teiaa.athA Tost flstimates indicated previously. lOrwy macnanwii ■ weiw; ---------------------------------■ ' Ic [alternate ITfcM_________________________ :osT /APPROVAL fl^ Add for rttainlng walls at public works building. 2 Add ^ta fences at public works building. Fen« would be located at the east side of the site and would be used to control access to the yard. $29,700 $10,632 a Add stone belt course at public works building. 8 Inch high stone band around building. Base bid is 1 accent color brick. $7,980 4 Add for modular brick at public works building. use modular brick In lieu of saxon brick above base. $9,750 S Add for stone bend at dty hall/pollce. 8 inch high stone band at 2‘-9' around building. Biff bid is accent color brick. $32,020 8 Add for modular brick at city hall/police. Use modular brick In lieu of saxon brick above base. 7 Add for hot water heating system. Hot water radiant heating system in lieu of forced air system. 1 TWs rtevalor would be required for the ADA eccessB)iiity requirements if there would be storage on the second floor, (see Item #10) $6,500 $51,500 $28,000 L. Add for operable windows In lieu of fixed. buMkig. w any storage Is provided, accessibility wfli be required via elevator per ADA. $3,250 $16,000 Hr-' ORONO MUNICIPAL FACILITIES INTERIOR SPECIFIC A TIONS ____, Boarman Kroos Pfister & Associates 1 January 7,1992 1 Pila:\QmS\b\l9-ih2 - ------------------------------------ PricB Summuv Sheet ______ 1 1 1 1 1 Section 1. Contract Bid Total Price ArM A 6.444.00 1 Area A-1 7.924 001 Area A-2 16.490.00 ' Area B 1 24,710.00 Atm B-1 5.760.00 AtmO 2.882.00 ! AtmE 3.536.00 1 Atm F - aassroom 3.240.00 i Contaranca Room #1 1.308.00 Open Area 9.875 00 ConfararKa Room #2 1.254.00 AudHorium 3.145.00 Confaranea Room Its 1.139.00 Leunoe 544 00 Miaeallanaoua Saaiing 153.00 Counctt Chamban 1.275.00 Contingancv 8.000.00 Tdtii SactMm L 97.679.001 Section II. Bid Package Seating 13.044.00 Tables 5.018.00 Filaa 1.396.00 Miacaiianaous 3.725.00 Contingency 4.OOO.O0I Tolaf Section 11.27.183.00 ! Section M. Ailowancaa Coundi llghtlng^eommunications 15.000.00 Council oroiaction system 20.000.00I Council project signaga 15.000.00 1 Total Section M.50.000.00^ Orand *174.862.00 k: '■ . ■ •■ U -' , \ >w,. 3• #- «' #• •,« >«I. JANUARY 14. «M 0|POCHV0»WCa «»CMUC<*P***°*^*** «r • .•.-•• • • • ...... memorandum CUENT: PROJECT; City of Orono Orono City H»II/ PoJIct 0«partmint DATE: JanuaryS. 1991 COMM NO.: 1124.04 ATTENTION: Ron Moorta. Oty Adminlatritor •toragt It to to providad . 'P- It vvu mtanMa wm ™ aac^ ^ caaa of iha City Administration S3gS?S3^r^^ A. tW «™ in iddl^ jwr S-SHHSwrssr.ssrsssss'r' ba pwWad via a ramp or________Intandad that tha taeond floor to changad to offlca Tht othar option N not to UM «it licpnd floor at tWi tlma . Should you hava any oormnanta or qu<I in*. cc: staphan 8ul^on» Cliy Of Orono Polica Oapaitmant Lyia Oman. Cty of Orono Jack Boarnmn. ERR John Oavlaa. K/A «n4\i<|ni F LAKE MINNETONKA CONSERVATION DISTRICT i:.; '■■■ I- I:I: r [. ! P' BOARD OF DIRECTORS AGENDA Regular Meeting, 7:30 PM Wednesday, January 22, 1992 Tonka Bay City Hall 4901 Manitou Road (County Rd .m 19) -- - 2 i 1922 CALL TO ORDER ROLL CALL BOARD MEMBER INSTALLATION, William A. Johnstone, Minnetonka READING OP MINUTES - 12/4/91 Board •• ^ing PUBLIC COMMENTS - From persons in attendance not on agenda CHAIR ANNOUNCEMENTS, Cochran CONSENT AGENDA - Items marked * will be approved in one motion unless removed from consent agenda for discussion COMMITTEE REPORTS 1. ENVIRONMENT A. Eurasian Water Milfoil Task Force, Chair Reese 1) Hennepin Parks Proposal to Establish a Water Sampling Laboratory, recommending approval of LMCD intent to use such a facility with conditions proposed by the committee B. Additional business recommended by the committee 2. WATER STRUCTURES, Chair Crathwol A, Approval of minutes, meeting 1/11/92 B. Moratorium Ordinance »/106, Interim Ordinance Restricting the Licensing, Construction and Maintenance of New Commercial and Multiple Docks, scheduled to expire 1/31/92 ,/'»i/o'i a. Recommending extending the ordinance one year, to to allow further Management Plan implementation studies, with the following ordinance modifications: 1) allow consideration of applications for configuration changes only from existing multiple Hock licensees (no additional slips or slip enlargement) 2) allow new dock license applications if the multiple docks existed, according to LMCD records, before the moratorium was enacted (to bring unlicensed docks into licensed c on f o rnia n c e ) b. Recommending staff prepare a feasibiIity study on the ramifications of excluding wetlands from the multiple dock license and boat storage requirements i’’ ^1- r. ,r rl'*.''-'"- '<i ' \ >> V' c- > rli P.. Board of Directors Agenda, 1/22/92, Page 2 c. Recommending appointment of a sub~committ.ee of the 14 cities, with the LMCD and DNR as facilitators, to discuss drafting an ordinance to control outlots with respect to boat densityand storage *C, D. *E, P. Deicing Licenses, recommending approval of: 1) Renewal application for Reid MacDonald, Lafayette Bay 2) New application for Diane E. Benson, 1080 Wildhurst Trail, Hound, Forest Lake 3) Deposit refund of $100 to Doug Waldoch, West Am- 'removed boat and dock, did not deice) DNR proposal regarding public access on Maxwell Bay, recommending support of the DNR proposal as stated in their letter of 1/9/92 Multiple Dock Licenses, recommending approval of: 1) Renewal applications per 1/11/92 committee minutes 2) Renewal applications with minor change: a, PM Pizza Enterprises, Seton Lake - new name, reclaimed by former owner, Delores McGinnis b. Tonka Bay Marina, Lower Lake South ~ new owner, W. Inc. 3) Refund of application fee overpayments: a. Grandview Point, $30 b. Grays Bay Resort, $12 Additional business recommended by the committee 3. B. C. LAKE USB, Chair Pillsbury A, Approval of m'.nutes, meeting 1/13/92 Public hearing report, recommending approval of the Resolution Establishing Liquor License Application Fees for the Sale of Liquor on the Lake, superseding Resolution '^54 Special Events: 1) New Applications, recommending approval contingent on Water Patrol permit approval and stipulations: a, Hestonka Snoblazers "Fun Run" snowmobile course between bars near the lake, on Friday and Saturday, 1/31/92 and 2/1/92 b. Ehlert Publishing Group, Inc., Wintettainment, Super Bowl media and corporate group winter recreation event at the Lafayette Club, Thursday ~ Saturday, 1/23, 1/24 & ^ 1/25/92 cT^Mike & Jorja Lynn, Browns Bay, Wayzata, for a Super Bowl brunch with skating exhibition, sleigh rides and ice fishing, Sunday 1/26/92 *2) Deposit Refunds of $100 each: a. Consolidated Race Schedule 1991 season b* Upper Minnetonka Yacht Club 1991 season Save the Lake Recognition Dinner- recommending Water Patrol Award recipient Hennepin County Sheriff's Water Patrol report Additional business recommended by the committee E Board of Directors Agenda, 1/22/92, Page 3 4. FINANCIAL REPORTS, Treasurer Boswinkel A. Statement of Cash Transactions, month etiding 12 3 I ' 9 1 B. Audit of Vouchers for Payment C. Pay Equity report review ~ reqtiiring board approval (PLEASE BRING INFORMATION PREVIOUSLY DISTRIBUTED FOR 'ADVANCE REVIEW) 5. EXECUTIVE DIRECTOR REPORT. Strommen UNFINISHED BUSINESS NBN BUSINESS 1. Board Retreat Proposal 2, Committee structure and 1992 Chair appointment proposals EXECUTIVE SESSION TO CONSIDER LITIGATION ADJOURNMENT LAKE MINNETONKA CONSERVATION DISTRICT Regular Meeting 7:30 p.m., Wednesday,December 4, 1991 Tonka Bay City Hall The meeting was called to order at 7:30 p.m. by Chair Cochran Oath of Office: Charles LeFevere administered the Oath of Office to Tom Penn I Tonka Bay representative on the Board of Directors. Penn was seated as a Board member. Boll Call Members Present: Bert Fosteri Deephaveni David Cochran, Chair, Greanwoodt Robert Pillsbury, Minnetonka: Jan Boswinkel, Treasurer, Minnetonka Beach: Thomas Reese, Vice Chair, Mound: JoEllen Hurr, Orono: Robert Rascop, Shorewood; Douglas Babcock, Secretary, Spring Park; Tom Penn, Tonka Bay; George Owen, Victoria: Duane Markus, Wayzata. Also present: Charles LeFevere, Counsel; Sgt. William Chandler, Sheriff's Water Patrol; Rachel Thibault, Administrative Technician; Eugene Strommen, Executive Director. IjtX: Pr 1-^''a: Ifombers Absent: James Grathwol. Excelsior; Scott Carlson, Minnetrista; Robert Slocum, Woodland Reading of Minutes: Boswinkel moved, Babcock seconded, to approve the minutes of the 10/23/91 Board meeting as submitted. Motion carried, Rascop abstaining because he was not present at the meeting. Public Comments: Leo Meloche, Minnesota Transportation Museum, was present, at the invitation of a Board member, to address the restoration of the street car boat, Minnehaha. His presentation was deferred to later in the meeting. COMMITTEE REPORTS: 1. WATER STRUCTURES, Vice Chair Babcock for Chair Grathwol A. Approval of Minutes. Foster moved. Boswinkel seconded, approval of the Water Structures and Environment Committee minutes of 11/16/91 as submitted. Motion carried. B. Excelsior Bay Yacht Club, now doing business as Excelsior Park Tavern, Special Density, Variance and Now Dock License Applications. Babcock announced discussion will be deferred to the 1/22/92 Board meeting at the request of the applicant. |r i::.m- LMCD Board of Directors December 4, 1B91 C. Nagel Dock Use Area Variance Draft Order Babcock moved, Pillsbury seconded, approval of the Order as amended by the Water Structures Committee; that the application of Terrance and Jill Nagel, 21895 Byron Circle, 'Greenwood, for variances for adjustment of dock use areas and from setback limitations applicable to canopies, be granted in part and denied in part as set forth in the Order. Motion carried. Rascop voting nay. D. Resolution Setting Application Fees The Board received a Resolution Setting Application Fees for Licenses for Multiple Docks or Mooring Areas, Commercial Docks, Launching Ramps and Docks in Exce.ss of 100 feet, for District Mooring areas, Deicing, Special Density, Variances and for Permanent Docks as recommended by the Committee. The executive director called attention to the addition of Section 7, regarding application deposit fees, recommended by LeFeveve. Babcock said this allows the LMCD to avoid a code amendment by not requiring a deposit in the Resolution on certain items. Babcock moved, Hurr seconded, adoption of Resolution 76, as submitted with additional Section 7. Motion carried unanimously. E. Three or Four Boat Storage Study Babcock presented the committee’s recommendation that the staff continue to monitor 3 or 4 boat storage at residential docks as part of the annual boat inventory, in lieu of adopting a code amendment requiring registration for docks storing 3 or 4 boats. The Board concurred with the recommendation. F. Code Amendment Regulating lligf Intensity Lights Cochran said there is a feeling by some Board members tha\. this is not the right ordinance because it only affects certain kinds of lights. A request for the cities response to the proposed code, sent in November, leaves the opportunity open to amend the ordinance before adoption. Reese said Mound supports the ordinance. Boswinkel commented that this ordinance is in keeping with the Board’s intent. Babcock concurs with the Committee recommendation that the ordinance needs the suppoi't of the cities and further st’udy. The second reading will be held in January to allow the cities to respond. No action wa.s taken. G. Deicing License Applications Babcock moved, Reese seconded, to approve the following renewal and new deicing applications: V 2 r LMCD Board of Directors Renewals: Docembor 4, 1991 Dennis Carlson, Greenwood, St. Alban’s Bay Crystal Bay Service, Orono, Crystal Bay Curly's Minnetonka Marina. Tonka Bay, Echo Bay Frank Elshaug, Greenwood, St.Alban's Bay Gayle’s Marina, Orono. Maxwell Bay Gray’s Bay Marina, Minnetonka, Gray’s Bay Howard's Point Marina, Shorewood, South Upper Lake Minnetonka Boat Works, Orono, Brown’s Bay Minnetonka Boat Works, Wayzata, Waysata Bay Douglas Ramstad, Minnetonka, Wayzata Bay Paul Resberg, Minnetonka, Gray’s Bay Tonka Bay Marina, Tonka Bay, Lower Lake South Rodney Wallace, Greenwood. St. Alban’s Bay Wayzata Yacht Club-Site 1. Wayzata. Wayzata Bay Wayzata Yacht Club-Site 2. Wayzata, Wayzata Bay City of Wayzata, Wayzata Bay James Wyer, Deephaven, St. Louis Bay ♦ North Shore Drive Marina, Orono, Maxwell Bay ♦ Shoreline Marina & Yacht Club. Orono, Smith’s Pay New William Hansen, 5450 Three Points Blvd., Mound, Jennings Bay Doug Waldock, 4215 North Shore Drive, Mound. West Arm ♦ Eric Bodine, Wren Road, Mound Harrison’s Bay ♦ Received after Water Structure Committee Meeting Motion carried unanimously. H. Maxwell Bay Access Proposed by MN DNR Babcock moved, Foster seconded, to approve the committee recommendation that a sub-committee be formed to work with the DNR giving general support to the acquisition of public access at Maxwell Bay. The sub-committee is to include representatives of local public agencies, residents, the DNR and to include Board Member Hurr. Addressing Babcock, Markus said that the 11/16 committee minutes reported Babcock as opposed to more accesses. Babcock then moved approval of giving general support to the acquisition of the access and forming of a sub-committee to work with the DNR. He questioned the consistency of Babcock’s position. Babcock responded that his personal opinion is to limit the number of public accesses, but not public access to the Lake. His intent was to study the proposed access, not to give approval or disapproval but to support working with the DNR. Hurr said she supports the sub-committee but challenges giving support to the access. Before giving support the Board should know what the DNR is proposing. The property is zoned residential. The Board should say we are supporting the study of the acquisition. I LMCD Board of Directors December 4, 1991 Babcock and Foster agreed to amend the motion. changing r I -k i "giving general support to’ appointment of Cochran, Grathwol Lakeshore Owners Association to ’studying”, adding the Babcock, Hurr, Lake Minnetonka (LMLUA) representation, DNR representation and the City of Oz'ono and other interested public agencies. Colleen Laurence, 905 Tonkawa Road, read a letter dated 12/4/91 from Gabriel Jabbour, Orono council member, to the LMCD Board. Jabbour took issue with the Water Structure and Environment Committee minutes of 11/16 in which the committee recommended general support to the DNR acquiring an access in Maxwell Bay without any recommendations fz'om the City of Orono. Ho further asked that LMCD consider using the city’s staff regarding the land use of the property, the city’s view of its use in its Comprehensive Plan, the impact on public safety and the commercial use of residcni.ially coned property. He also asked that LMCD adopt a resolution asking the DNR to give priority to commercially zoned areas for access sites. Neil Castagne, LMLOA. mentioned a study by the DNR recommending 10 acres per boat for Lake Minnetonka. The Lake density is now 8 acres per boat, and Maxwell Bay is 4.4 acres per boat. The LMLOA finds it hard to understand how the Board can consider Maxwell Bay for a ramp for safety reasons and overcrowding. Marge Gasch, LMLOA. Maxwell Bay property owner. said that considering the size of the bay and the location of three marinas already there, the residents are doing more as a public service to people in Minneapolis than they should. She is concerned about water quality. She believes something should be done to solve the milfoil problem before any more boats are put on the Lake. Jim Oberg, 970 Tonkawa Road, asked to attend the sub committee meeting and was in.'ormed the sub-committee meetings will be open to the public. The meeting dates can be determined by calling the LMCD office. Don Germanson. President. LMLOA. presented a document detailing the reasons for not building another public launch facility. He listed the environment. overcrowding, safety, parking, zoning and tax spending as the main reasons for the LMLOA's opposition to a ramp on Maxwell Bay. Cochran said he intends to appoint a standing committee to deal with lake access as part of meeting the Management Plan objectives. LMCD is to resolve how to reach the 700 car/trailer parking spaces. All affected agencies will be in'^olved. Motion Reworded: Babcock moved, Foster seconded, to appoint a sub-committee consisting of Cochran, Grathwol, Hurr, Babcock, LMLOA. DNR and City of Orono representation to study the site acquisition by the DNR for a public access at Maxwell Bay. Motion carried. The executive director reported the DNR will be ready to meet the week of 12/16. Gasch added that when the residents of Maxwell Bay met two weeks ag > at the call of LMLOA, there was representation from the DNP and the residents’ concerns were heard. LMCD Board of Directors December 4, 1991 3. LAKE USE COMMITTEE, Chair Pillsbury A Minutes. Piliibury moved. Foster seconded, approval the minutes of 11/25/91 meeting as submitted. Motion carried Public Comment: Meloche reviewed the street car boat history from 190b - 1926 The Minnehaha was lifted from the bottom ot the Lake in 1980; The MTM took title to it. The objective of the is to put it into public passenger service on Lake Minnetonka^ It would travel around the Lake. It will have a steam similar to the original. The restoration site is 140 George Street. Excelsior. The public is invited to view the work on Wednesday nights and Saturday mornings. , ^ The plan is to test-launch the boat hull in the Spring of 1994 and then return it for installation of the superstructure. The formal launching is scheduled for .. „tm i.. To help finance the estimated $250,000 cost the^ MTM i selling painting reproductions of the Minnehaha by Kurt Hurr moved. Foster seconded, to for $219 95 as a donation from the Save the Lake Fund, the picture to hang in the LMCD offices. Motion carried. ^ At the suggestion of Foster, consideration of an additional donation from the Save the Lake Fund was referred back to the committee. Hurr would like more information about funding specific items needed for the restoration. B. Special Event Renewal Application - Lord Fletcher’s Broomball. Pillsbury moved, Bosuinkel seconded, to approve a special event renewal for Lord Fletcher’s Broomball. the old fee schedule tr ap^? for 1991-1992 as a result of receiving the application prior to the fee schedule change. Motion carried. C. Joint and Cooperative Agreement with Hennepin County for SLoriff* a Water Patrol 1992 Services. Pillsbury moved. Foster seconded, to approve the Srtrr'iUrol J?r!r9fsert!^e^*"ro^i:r‘=ard^Lo^u^,a ^e%^ i-v- -a ■ LHCD Board of Directors December 4, 1991j Li^: Resolution Setting Application Fees for Special Eventsand Watercraft for Hire.Pilisbury moved, Foster seconded, to approve Resolution No./, Kesolution Setting Application Fees for Licenses for SpecialEvents and Watercraft for Hire on Lake Minnetonka. Motion carried. >'-^'^•1Resolution Setting Application Fees for Wine and Non- Intoxicating Halt Liquor A Public Hearing to consider the fees for wine and non- intoxicating malt liquor was held on 12/4/91 at 7 p.m. The subject was tabled to tne Lake Use Committee for consideration of the testimony at the Hearing. F. Save the Lake Recognition Dinner The date of the 1992 Save the Lake Recognition Dinner was set for Wednesday, 2/19/92 at Lord Fletcher's. G. Access Sign Study Sub-Committee Pillsbury moved, Foster seconded, to appoint Foster. Reese, Slocum and an LMLOA representative to a sub-committee of the Lake Use Committee to study access signs. Motion carried. 2. ENVIRONMENT* EWM Task Force, Chair Reese The Environment Committee has recommended for discussion purposes a draft concept of a plan of action to prevent the Introduction of Zebra Mussel into,and to prevent the spread of Eurasian Water Milfoil out of. Lake Minnetonka. The plan is in response to a challenge to the LMCD to take a pro active stance on the Zebra Mussel problem. In presenting the -.even point program Reese stressed that it is a concept which can be augmented later. All of the points are necessary if the LMCD is serious about adopting a prevention program. Reese further noted that some of the Draft Concept points are not allowed per current state statute, namely: Point 1) Limit the number of accesses, closing remaining accesses. Require a user-fee cleaning service as a condition for entering a public access. Charging an access fee with the proper "certifi cate’' . Restrict live bait use to bait from certified sources. organizations are unhappy with the concept. Hennepin Parka reported it would have a problem implementing a similar plan on their 17 lakes. Reese emphasized that to do nothing is to accept the mussel. Point 3) Point 4) Point 5) 6 LMCD Board of Directors December 4, 1991 Hurr asked how the concept would be funded. Reese said the City of Mound has asked the same question when giving concept approval. Markus suggested a user fee for that type of program. Foster presented the DNR position on the Draft Concept which was introduced at the MN Lake Management Federation (MLMF) Exotics Steering Committee meeting of 11/23/91. The DMR listed 11 issues and their position on each They cannot support: 1) Closing accesses on infested or uninfested water bodies. 2) Fees at public water accesses for EWM inspection, but are open to other revenue sources to support them, such as the watercraft surcharge. 3) Restricting transport of water from water bodies due to logistics prohibiting enforcability and effectiveness. Boswinkel stated the people who will be responsible for allowing Zebra Mussel into the Lake will be everyone who owns a boat and puts it in the Lake and out. An educational plan that stresses the potential disaster is necessary. Boswinkel believes people who have boats, people who sell boats, and people who service the boating public will be greatly affected by this nuisance and it will affect their livelihood. Penn asked about a central committee working on the problem. Reese said that Gary Montz, DNR, is responsible for the Zebra Hussel on a state-wide basis. The LMCD’s responsibility is Lake Minnetonka. The Draft Concept will not work on 10.000 lakes, Reese added. Penn responded that the LMCD should be working with the DNR and support them as much as possible. Hurr stated that a greater concern than the effect of Zebra Mussels on boat usage is the effect on water intakes. LeFevere cautioned about proceeding with the items which would be unlawful or without DNR approval. If the DNR were to litigate any action it would be costly and time consuming, delaying any plan. Some of the seven items would require a great deal of staff time to implement. They would be worthless to prepare without working with the DNR. Boswinkel suggested Board members take Reese’s outline and convert it to their own words. There has not been enough time to think it through and it requires the support of everyone in the State of Minnesota. Reese / said he is not opposed to working with the DNR. Rascop suggested having the LMCD attorney draft an ordinance. Penn asked for a review by LeFevere of the items which would raise legal issues. Hurr mentioned that even if the cities agreed, Hennepin County would not allow such controls at their Cochran offered a Resolution as a substitute for the Zebra Mussel pio action plan introduced by Reese. The Resolution incorporates a Eurasian water milfoil containment program, also recognised as a priority for State action. i I y- LMCD Board of Directors December 4, 1991 Boswinkel su^i^ested leaving milfoil out of it completely. He feels the Zebra Mussel is more insidious than milfoil. Milfoil can be controlled to allow use of the Lake, but the nussel will clog up everything on the Lake. Hurr favored leaving milfoil in as the state funding is for all exotics, and it is better to lump them all together. Foster added that a staff person from Sea Grant believes the Ruffe fish is more hazardous to the fishing resource than Zebra Mussel. Castagne asked for a serious look at the problem as Lake Minnetonka is a prime lake for the infestation. The State's main goal is education. That takes more time to be effective than there is time left for prevention. Castagne added he is a member of a coalition of lakeshore owners and various other bodies who are in the process of lobbying to give public bodies (counties, cities) the powers they need for local control. LeFevere, returning to the Reese pro action plan, said he does not see a problem with items 6 and 7, increasing boat rentals and increasing the number of short term storage rental slips on the Lake. Items 1 through 5 are within the authority of the enabling act granted the LMCD, but the state pre-emption is an issue. These items should be directed to the legislature. They may be more responsive than in the past because exotics are becoming an important issue. Penn suggested determining what points we can proceed with on our own and on what points we need outside approval. MOTION: Reese moved, Foster seconded, to have the Board members contact their respective cities to get a .eaction to the Draft Concept of a pro action plan. Motion carried. Reese moved, Rascop seconded, to direct staff to expand the plan by roughing out the dollar cost, selecting accesses which might be left open and contacting the marinas regarding the boat washes. The executive director asked for direction as to the time frame. He suggested looking at this document in relation to the Management Plan. He estimated it would take 20 to 60 hours to put it together. Babcock suggested hiring a consultant. Hurr thought there should be input from the cities and she would be hesitant about adding staff. > Castagne offered the services of t)ie LMLOA in making presentations to the cities and, if needed, volunteering time to assist in the preparation of the report. Motion carried. movedi Foster seconded, to adopt Resolution h7o recommending implementation of an immediate state action plan to pi^QYent the spread of Zebra Mussel and Eurasian water milfoil Into Minnesota’s uninfested waters. > Motion carried. The executive director said the Resolution could be submitted to the MLMF meeting to be held 12/6/91 and could also be used for direct communication to the DNR. [■: 1.^ r- i I r-r LMCD Board of Directors December 4, 1991 B. 1992 EWM Control Program The Board received a copy of the minutes of the sub committee to guide the 1992 planning for EWM control. held on 12/2/91. Reese said the plan is to fully utilize shore off-loading, with minimal I if any, use of the barges. It is his belief that 1992 will be a low year for milfoil growth because of the high water and the early snowfall keeping light from Lake weeds. They will be looking toward testing chemical treatment in some small bays. Attention will be given to the accesses in an attempt to keep them clear of milfoil. Reese reported at the 11/16/91 Committee meeting that the Hennepin County Board of Commissioners has appropriated $150,000 for milfoil control in 1992. A county attorney advised the County Board that it has no authority to make such appropriations. LeFevere said an appropriation could be done under a contract arrangement between agencies and the County. Staff and LeFevere are to contact County Commissioner Jude and the county attorney to discuss the contract idea. FINANCIAL REPORTS, Treasurer Boswinkel A. The Board received the Statement of Cash Transactions for the month ending 10/31/91 and ordered it filed. Rascop asked if there were any year end budget adjustments required and was informed there were none. B. Rascop moved, Babcock seconded, payment of bills in the amount of $23,379.27, checks numbered 8236 through 6281. Motion carried. 5. EXECUTIVE DIRECTOR REPORT, Strommen A. MN Lake Management Federation Conference Highlights The executive director reported he and Thibault attended the MLMF conference in October. There were 400 participants w3th lakeshore owners and agency professionals in good attendance. Thibault benefited in meeting regional and state agency people. MLHF established an exotics steering committee. They will meet to develop legislation fox EWM and Zebra Mussel containment- spread prevention. B. MLMF Exotics Steering Conmittee Recommendations The Steering Committee highlighted four priority items for exotics control: 1) State action to be expanded against exotics. To work on containment. j v j*2) Maintain the exotic species within the infested bodies of water. . . • i * • i3) Long term research on methods for eradicating milfoil^ 4) Develop a program to reduce risk from exotics coming into Minnesota. LMCD Board of Directors December 4, 1991 3. Outside Activities The executive director presented a program on EWM to three classes at the Minnetonka Middle School on 11/22 The executive director is serving on the Fresh Water Foundation Lake Management Forum. The Forum will meet monthly for six months with six sub-committees on how to better manage lakes on a state-wide basis. Boswinkel was excused. tf' r: '7..M rr > I ))' ONFINISHEO BUSINESS 1. Management Plan Review Cochran reported the Management Plan is at the Metropolitan Council. The Metropolitan Council staff report was received this afternoon. The findings are basically positive. The reviewers feel we are in tune with the Metropolitan Development Guide and we will not require additional legislative authority. The Metropolitan staff report will go to the Systems Committee on 12/10. The full Council will review it 12/19. LMCD will have representation. 2. Conflict of Interest Sub-committee The conflict of interest sub-committee meeting has been rescheduled for the week of December 16 to accommodate Gen Olson * s attendance. NEW BUSINESS 1. Committee Structure for 1992 Cochran reported he is not ready to present his standing committees. He asked for deferment to January. He said he is trying to tie the standing committees closer to the Management Plan and provide for special committees for special ourposfcs from time to time. 2. Depository. Hurr moved, Pillsbury seconded, to approve Resolution 79, naming Norwest Bank, Wayzata, as the depository for District Funds. No member indicated a conflict and the motion carried. 3. Official Newspaper. Hurr moved, Reese seconded, to appoint the SAILOR newspaper as the newspaper for official publication with continuation of publication in other papers as required. Motion carried. 4. 1992 Meeting Calendar. The executive director asked for direction on preparation of the 1992 meeting calendar. Cochran said it is conceivable that the committees might change their dates and times. r* f w u , 1 I.r i. r-:/: liv! liMCD Board of Directors December 4* 1991 AOJOURNHENT Hurr moved, Babcock seconded, to adjourn the ,-egular meeting to an executive session to discuss litigation. Motion carried. Heeting adjourned at 10:40 p.m. David Cochran, Chair Douglas Babcock, Secretary LAKE MINNETONKA CONSERVATION DISTRICT Action Report Water Structures and Lnvironment Committee Meeting:7:;50 a.m.. Satur<Jay. Jatiuary ii, 1992 Norwest Bank Building, Wayzata, Community Room Members Present: Bert Foster, Deephaven; James Grathwol, Chair, Excelsior; David Cocliran, Greenwood; Robert Pillsbury. Minnetonka; Thomas Reese, houtid; JoEllen Hurr, Grono; Robert Rascop, Shorewood; Tom Penn, Tonka Bay; Robert Slocum, Woodland. Also present: Rachel Thibault, Administrative Technician; Eugene Strommen, Executive Director. ENVIRONME .T 1. Eurasian Water Milfoil (EWM) Task Force. Chair Reese A. Report of 12/20/91 Task Force Meeting. Reese submitted the minutes o* the 12/20/91 EWM Task Force meeting. He said they indicate some changes in the program, noting the following: 1) The Corps of Engineers has received notice from Washing ton, O. C- it has denied funding the MN DNR Draft Reconnaissance Report because of its recreational need rather than navigation or reservoir purposes, the CoE’s major priorities. 2) The Freshwater Foundation fias not been successful in raising the two-for-one funds to match a $100,000 Legislative Commission on Minnesota Resources grant. The Foundation withdrew from the research program with ttie understanding the funds will be made available to the University of Minnesota. The f oundation plans to emphasize its educational role on exotics. B. A Legislative Bill on Access Controls for Exotic Plant and Animal Containment is being prepared by MN Lake Management Federation (MLMF) and MN Shoreland Owners (MSO). The executive director reported the focus is on contain ment. The larger northern Minnesota lakeshore organizations are anxious to keep EWM out of their lakes. The CNR found EWM on boats during their random road side checks. The thrust of the bill is to charge the DNR with doing a study on how EWM and Zebra Mussel can be contained and to come up with a funding program for implementation in 1993. Peese and the executive director have met with the MN Sports Fishing Congress and Fishermen Advocating Intelligent Regulation bo hear their concerns about programs that deny access or burden boats using public accesses with fees at the accesses. The bill will be publically announced in mid-February.^ The LMCO may have an opportunity to look at it before it is intro duced. C. Proposed Bill Authorix ng M«»nnepin County Expenditures. A bill is being proposed to the legislature by Senator Judy Traub which would authorize the Hennepin County Board to expend public funds in the control of EWM and otlier lake improvement programs within the county. fe.. Natar Structures and Environment Committee January 11, 1992 Reese said if the $75,000 from Hennepin County is realized from this effort the EWM program will continue as planned. O. Hennepin Parks Proposal to Establish a Water Sampling Laboratory. Reese presented a proposal from John Barten, Water Quality Manager, Hennepin Parks, dated 1/2/92 which wduld establish a water sampling laboratory for inter-aoency service on a pay-as~ used basis, with start up funds from the LCMR. Barten listed the following advantages: 1) Sample results would be more comf>arable on a yeai to— year basis since a constant analytical method would be used. 2) Samples can be collected on short notice to capture unusual events and the results of the sampling would be available faster than when done by a commercial laboratory. 3) There would be a greater degree of control over the accuracy of the analytical results. 4) Analytical costs could be significantly reduced. Hurr questioned whether in-house analyses could be chal lenged as biased. Reese said there is nothing to preclude out side checks, although the type of testing done in most cases is not controversial- Cochran noted that the Management Plan places the LMCD as the lead agency in defining the data needed and to cause it to be collected. It is his belief the main thrust of gathering data should fall on the Minnehaha Creek Watershed District (MCWO), which is already gathering data. riie MCWD has been asked for information on their data gathe'-ing and response to the proposal- Penn questioned the possibilitv f duplication of effort with the MCWO. Hurr noted the funding through the LCMR is actually provid ing the capital funding from the taxpayers. She questioned government going into competition with private enterprise. moved, Foster seconded, to recommend to the Board that LHCO expresses its intent to use a laboratory as proposed by Hennepin Parks if it is competitive and done in cooperate in with the Minnehaha Creek Watershed District. Motion carried. Zebra Mussel Control Reese stated the Zebra Mussel control concept developed by the committee in December was put forth to see who would support j't. It received considerable news coverage raising concet ns of fishing groups. The cities which were approached were either moderately supportive, disinterested or unsure of it. None wanted to have any further funding responsibility. Babcock has put forward a mandatory watercraft launch record to keep EWM and Zebra Mussel from being spread. The Task Force took no action on the Babcock proposal in December, but it is on the January 17 agenda. Iis Matsr Structures and Environment Committee January II, 1992 WATER STRUCTURES 1. Rockvan Boat Yards. Inc. - Request for policy rovioN to consider an amendinent to Site 2 dock length variance. Rockvam Boat Yards has two multiple dock licenses. l he one for Site i consists, in part. of a 169’ dock licensed for stor age of 10 watercraft, 5 on each side. Site 2 consists of an 18 slip dock wing which is attached to the Site 1 dock extending 128’ into the lake. Rockvam would like to move the wing out an additional 25’ to 153’. There would be no change in Site 1. Jerry Rockvam explained the reason for moving the dock wing further out is to improve use of a proposed make ready dock, to accommodate the fishing boats he rents as an amenity for the Site 2 Special Density license. He stated when the water level is at 929.49* elevation there would be no problem in using the make ready dock. If the water depth decreases to 928.6’, there would not be enough water depth at the make ready dock to service the fishing boacs. He is asking for tfiis review to determine whether ne should proceed with the variance application which carries a fee of $500. Foster asked if dredging would give him adequate depth. Rockvam responded that dredging the area would require construe— tion of a retaining wall as the shore is sand. Also, the dredged area will fill back in by the next year. Grathwol asked about building the make ready dock on the right side of the property where there is greater depth. This i^ould require a side setback variance but Grathwol would favor to a variance on the lake side. Rockvam does not want encroach on the residential setback. He also would prefer having the make ready dock next to the ramp and closer to the office. Foster and Hurr indicated they do not believe tf»e committee could vote a recommendation without an application. Foster suggested viewing the site before making any recom mendation. He volunteered to work with Rockvam and staff^ to consider alternate uses, upon receipt of the variance applica tion. 2. North Shore Drive Marina Non-Compliance Thibault submitted a summary of the Nc. Lh Shore Drive Marina multiple dock license history between 1984, when a new license was granted following a court decision requiring reconstruction of the docks within 200’, and approval 4/24/91 of the 1991 renew al application, which was subject to the designation of 6 tran sient slips and 6 service slips. Thibault’s memo continued with a summary of subsequent phone conversations and LMCD correspond ence to Deborah Breneman, business manager of North Shore Drive Marina. As of 12/10/91 there had been no response from Breneman to satisfy the 1991 contingency. Qn 12/10/91 Breneman was notified by certified letter that the committee would consider revocation of the North Shore Drive ?• r Ft V. c- h •_ I r*; ?:-■ h . .. Natar Structures and Environment Committee January 11, 1992 Marina license at this l/il/92 meeting. Subseauent1y. upon advice of LMCD Attorney LeFevere, staff recommended an alterna tive to license revocation, the following option: to advise North Shore Drive Marina that the Board will consider any license application for 1992 incomplete unless it is accompanied by the required designation of transient and service' slips. Should North Shore Drive Marina proceed to do business in 1992 without a license, a citation will be issued. The executive director said the original staff recommenda tion for license revocation could result in the loss of the Marina's grandfathered status. Breneman said it is not reasonable to designate slips for service purposes because of the varying sizes of boats they service. Foster said it is important to have the service and tran sient slips designated at fixed locations so inspections can be made to assure compliance. Any otlier method would raise the possibility of renting more slips than the marina is licensed for. There was a discussion about whether North Shore Drive Marina has in the past, stored more watercraft in the lagoon than the eight they are licensed for. Penn asked if the Code requires slip designation. The executive director responded that it does and all other marinas on the lake are in compliance in this regard. Hurr indicated her willingness to look at the Marina’s documents with Grathwol and staff. Foster said in view of the disagreement on what has been dotie. that Breneman bring all of her related documents to the LMCD. It was agreed Grathwol, Hurr, Foster, staff and Breneman will meet after the boat show in late January. Breneman is to bring all of her court documents regarding boat storage. Brene man asked that she be shown the slip designations from the other marinas as mentioned earlier by the executive director. 3. Parris* Appeal to Nagel Variance Order. The committee received a copy of a Notice of Appeal regard ing a variance granted to Terrance and Jill Nagel. No action was necessary. 4. Expiration uf Ordinance No. 106 Ordinance 106, An Interim Ordinance Restricting the Licens ing, Construction and Maintenance of New Commercial and Multiple Docks expires on 1/31/92. This ordinance is commonly referred to as the "moratorium". Cochran asked if the deadline should be extended. Grathwol has reviewed the committee activities for the past two years. Not all of the problems have been solved. Studies have begun and information accumulated on the three/four boat unlicensed docks, and 100’/200* licensed dock lengths. There is an ongoing study of wetlands. It is Grathwol*s understanding that the Hennepin Conserva tion District will supply LMCD with computerized shoreline maps of Lake Minnetonka wetlands to help in the wetlands study- t: f : ■ i -i. Matar Structures and Environment Committee January 11, 1992 Cochran commented that the Ordinance is a prohibition against construction of- new multiple docks and commercial docks. He does not have a teelino about expansion of the commercial docks. The multiple docks are of two kinds; one kind consisting of residents who combined docks during low water. That is not an increase in boat storage. The real issue is * new real estate development and outlets. This is a potential problem for in creased density that still exists, There was a discussion of the i boat per 50 rule and the effect of wetlands in measuring the shoreland to be used. Rascop moved. Cochran seconded, to direct staff to draw up an ordinance to exclude wetlands from shoreline fo«- determining 1 — 50* boat storage calculations. The motion was withdrawn. Reese moved. Hurr seconded, to extend the moratorium for one to allow further Management Plan implementa- tion St^ies^ asked about appl icat iorts from marinas for minor Changes in configuration, and applications from the illegal multiple docks observed on the boat count. Qrathwol responded if they existed before the moratorium -there is no problem. iniii-jnoThe motion was amended by adding: ....with the following 1) Allow consideration of applications for configuration changes to existing marinas. ^,^1, 2) Allow now dock licence application if multiple dock existed, according to LMCO records, before the moratorium was RSMOP Mved, Cochran seconded to recommend staff tion of a feasibility study as to the ramifications of excluding Mtland from the multiple dock license and boat storage require ments. Motion carried. ^ Rascop mowed, Cochran seconded, to recommend . a sub-committee of the fourteen cities, with the LMCD a^ facilitors, to discuss drafting an ordinance to control outlets with respect to boat density and storage. The motion carried, 5 ayes and 4 nays. Rascop, Cochran, Penn, Pillsbury and Qrathwol voted aye. Agenda Modification: Cochran proceeded to IT7. 7 Prnnnsed DNR Access at Maxwell Bay the access study lies with the LMCD. Penn «a, excused.^ dated 1/9/9Z. Gordon Ki.ball. ONR Regional Trails and Waterways Supervisor, presented a proposal con o g of three parts: - continued ^tiructures and Environment Committee January 11, 1992. ‘r™Bay,Notion carried unanimously.8A. Multiple Dock License Renewals.Fester moved. Cochran seconded, to recommend approval of the REHEWftLS HITHOm Excelsior BayBayshore Manor Condominium Assn.. Excelsior eay Clay Cl If fa HOA, Old Channel Bay Dennis Boats. Lower Lake South Excelsior Bay Assoc., Excelsior Bay Qideons Point HOA, Gideons Bay The Harborage HOA. Smithtown Bay Hennepin County, Spring Park Bay Lord Fletchers Apts., Host Arm nockvam Boat Yards - Site 1. West Arm St. Albans Bay Marina, St. Albans Bay Schmitts Marina. Excelsior Bay Seton Village Assn,. West Arm Smithtown Bay Assn., Smithtown Bay Beach Apartments, Coffee Cove Willow Hoods Corp., Gideons Bay RENEWALS WITH SINOfi CHANGE TTo^ o^r. Del=r„ Hcsinm, Tonka Bay Marina, Lower Lake South Now Owner, H. Incorporated _ jonk* Bav Marina renewal. notion crrl«l. Hurr be fro™ Park ' They have requested a change from recommendation at this time. hp notified that to add slips in 44 BSU to 18 BSU. They are to new license, meeting the future, they will have ^including any future changesthe code requirements at that time, including any in the code. Foster moved, Cochran seconded, to approve the refund of the following overpayments: 1) Grandview Point, S30 2) Gray’s Bay Resort, $12 Motion carried unanimously. SB. Minor Site Plan Changes. ^ock licensees with dock structures. Approval is asked to bring tnem with the actual structure. -ujo aoDroval of as-builts wouldCochran questioned whether this approval or result in an increase in boat storage- r r-' rl; r-* H' Mater Structures and Environment Committee January 11, 1992 Hurr moved, Cochran seconded, to refer the minor site plan changes on multiple dock licenses to the next committee meeting. Motion carried. 9. In addition to items referred back to the committee, the following items were deferred to the February agenda: A. Bupp Variance Application - at applicant’s request B. Chapman Place operating agreement - at applicant’s request C. Excelsior Park Tavern new dock license and amenity review - at applicants request for further review with City. 0- New Multiple Dock License Applications - Pending end o^ moratorium E. Proposed lighting ordinance - tor cities responses F. Wetlands subcommittee - update from Hennepin Conservation District. 10. Adjournment The meeting was declared adjourned at 11 a.m. FOR THE COMMITTEE: Eugene Strommen, Executive Director James Gratliwol, Chair f' LAKE MINNETONKA CONSERVATION DISTRICT Action Report:LaKe Use Committee Meeting:4:30 D.m., January 13, 1992 Norwest BarjK Wayzata, Community Koom Meebers Present: Bert Foster, vice Chair, UeeDitaven: Robert Pillsbury, Chair, Minnetonka; 1homas Reese, Mound; Rooert Rascop, Shorewood; Tom Penn. Tonka Bay. olso present; Sot. wm. Chan~ dler. Sheriff’s Water Patrol; Rachel Thibauit, Administrative Technician; Eugene Strommen, Executive Director. A. Review of Public Hearing Report and Resolution Application Fees for Wine and Non-in toxica ting beer superseding Resolution tS4. Regarding licenses. MOTION: Rascop moved, Foster seconded, to recomme»id approv al of a Resolution Establishing Liquor License Application Fees for the Sale of Liquor on the Lake. Motion carried unanimouslv. David Lawrance, Paradise Cruises, was present to expt'ess his concerns about the increase in fees. He said his comments at the Public Hearing held on 12/4/91 were incorrectly recorded in the report. The sentence stating "His concern is that other methods of generating income, such as a fee per charter, might be de- y^loped by the District, ' had meant to be a facetious comment. The committee recommended this sentence be stricken from the record. Lawrance proceed to detail the increased costs fiis cliai ter boat operation is experiencing through increases in dockage, insurance, taxes, etc. At the same time he has to charge the same rates as he did five years ago to keep competitive. He also mentioned the LMCD proposed contribution to the restoration of the Minnehaha, a boat which, he said, ultimately may be used in competition with charter boats such as his. He said other lakes do not charge for operating charter boats on them and he ques tioned the authority of the LMCD to charge for the use of the public waters. Rascop responded the LMCD is given the authority through legislation. B. Special Events 1. New Applications a) Westonka Snoblazers "Fun Run" Arnie Zachman presented the application of the Westonka Snoblazers for a "Fun Run" snowmobile course between bars near the lake, Friday and Saturday, 1/31/92 and 2/-/92. Chandler pointed out that the Water Patrol doesn’t have their application yet- Also, the 40 m.p.h. day speed limit is noted incorrectly as 50 m.p.h. on their list of rules. Chandler is concerned about the safety. Zachman said he has letters of permission from most of the cities involved, and he is holding his application to the Water Patrol until he has approval from all cities. Lake Use Committee January 13.1992 Rascop noted their itineracy includes the use of some chan nels and questioned their sl etv. Chandler said the ice is thin in the channels and thev will not be able to qo throuqh them. Chandler suqgested development of a Plan B. Zachmaci said if there is need for a chanqe in the route the club membei s will be available to channel the participants to an 'alternate route. Zachman said he is aware of the State requirement to have written permission from any private landowner whose property tliey may have to cross. MOTION: Foster moved, Penn seconded, to recommend to the Board approval of the Special Event License application of (Aies — tonka Snoblazers, continqent on Water Patrol approval of the plan and subject to Water Patrol stipulations. Moti carried, Rascop voting nay. b) Ehlert Publishing Group, Inc. "Wintertainment" Rick Speckmann, Event Manager, presented the application of Ehlert Publishing Group, Inc. for a Special Event License for Wintertainment , a Super Bowl media and corporate group winter recreation event to be held Thursday - Satu:day. January 23, 24 and 25. 1992. The event to be held at the Lafayette Club, will consist of cross-country skiing, sleigh rides on the Club grounds, demon- stcations of snowmobiles on the lake and ice fishing. Speckmann said there will be professional guides handling the snowmobile demonstrations, who are aware of the regulations on Lake Minne tonka. Speckmann said they will have full use of the Lafayette Club facilities duritig the event and will have satellites on the grounds. They anticipate 200-300 participants. The event has been recognized by the Natiojial Football League. MOTION: Foster moved, Penn seconded, to recommend approval of the application of Ehlert Piblishing Group, for a special event license for Th. rsday - Sa:urday, January 23, 24 and 25. 1992 subject to Watei Patrol approval and subject to the Water Patrol stipulations. Motion carried unanimously. c) Jorja and Mike Lynn, 126b Bracketts Point Road, Wayzata, for a si'oer bowl brunch to be held on January 26. 1992 between 10 a.m. arj 1 p.m. Thev will have a tent on the ice and activities will consist of a skaticig exhibition, sleigh rides, and ice fishinq. Pillsbury suggested the ice in that area be thoroughly tested. Chandler said the Lynns have been told tfiat the Water Patrol will not allow any vehicles on the ice. The Water Patrol has not received an application or any specifics from the Lynns. MOTION: Foster moved, Reese seconded, to recommend approval of the special event application of Jorja and Mike Lynn for a brunch and activities on the lake on 1/26/92, subject to Water Patrol approval and subject to any Water Patrol stipulations in their permit. Motion carried unanimously. Penn asked about the costs incurred by the Water °atrol. Chandler said the Water Patrol does not receive any compensation from the applicants. The costs of additional patrols for special events is built into the Water Patrol budget. Lake Use Committee January 13, 1992 2. Renewal Aoplication: a) Way^ata Chamber of Commerce Chilly Open Golf and Ice fishinq Tournament, 2/8/92 and 2/9/92. Pillsbury said there was a p>roblem a coupl of years acio when an individual circulated the event sellinq liquor. Chandler said the Water Patrol has been in touch with -the sponsors and that a warning will be issued. b) Thibault reported the Lafayette Club is planning a Family Fishing Derby and Kite Fly, Sunday, 2/2/92 as has been held in the past. MOTION: Rascop moved. Reese seconded, to approve the spe- c£al event renewal application of the Wayzata Chamber of Commerce Chilly Open Golf and Ice Fishing Tournament, Saturday and Sunday, 2/8/92 and 2/9/92 and the Lafayette Club Family Fishing Derby and Kite Fly, Sunday 2/2/92 subject to the usual Water Patrol permit requirements and stipulations. Motion carried unanimously. 3. Deposit Refunds MOTION: Foster moved, Reese seconded to approve the follow ing deposit refunds of $100 eacli: a) Consolidated Race Schedule 1991 Seasoti b) Upper Minnetonka Yacht Club 1991 Season Motion carried unanimously. Save the Lake Recognition Dinner Chandler presented the names of four candidates for the 1991 LMCO Special Deputy Awar . be given at the Save tlie Lake din ner. MOTION: Reese moved, Foster seconded, to recommend Dennis W. Hansen for the 1991 LMCD Special Deputy Award. Motion carried unanimously. The executive director reported Lieutenant Governor Joanell Oyrstad will be the guest speaker at the dinner. Tad Jude, Hennepin County Commissioner, will offer remarks on the Hennepin County interest in emergirtg Lake issues. Tentatively tfiere ate plans for remarks from a DNR representative. The theme of the dinner is the 25th anniversary of the LMCO. The attendance will be limited to 90 people. D. Subcommittee to Study Signs at Accesses The subcommittee to study sig»is at accesses on Lake Minne tonka will meet at p.m. ou Thursday. 1/16/92 at the LMCO ®f“ flees. The committee is comprised of Reese, Slocum, Denis Bai ley, Hennepin County Lake Improvement, and an LMLOA representa tive. E. Donation to the “Minnehaha” Streetcar Boat Restoration Pillsbury suggested that rather than making a direct dona tion from savings, the "Minnehaha” be listed as an additional op tion on the donation cards for contributions to tfie Save the Lake Fund. The donations would be accumulated until $5.D00 is raised. 3 Lake Use Committee January 13, 1992 Rascop asked aoout David Lawrance’s comments about the Minnehaha beinq in competition with the charter boats. He ques tioned the appropriateness of sut>sidizinq one uroup. Reese said the Minnehaha is not intended to be a party boat, as differenti ated from the usual charter boat use. He added that the histori cal value is siqnificant. The executive director pointed out a 1/10/92 letter from the Minnesota Transportation Museum, Inc. in which they I is* specific needs. Foster suggested donating a $5,000 auxiliary diesel engine. The executive director said for the same $5,000 the District could get an item such as upper or lower deck seats, with a plaque saying it is from the Save the Lake F'und. Foster favors the idea of adding the Minnehaha restoration to the donor card. Reese expressed concern that it would take funds away from the EWM program, Reese would rattier commit from funds on hand. Pillsbury expressed his opinion that it would stimulate donations to tfie Save the Lake Fund. Penn asked fot' information on how the Save the Lake funds have been used in the past. Pillsbury and the executive director are to prepare a letter to the Board outlining various options for raising fun<ls for the restoration of the Minnehaha. H. Water Patrol Report. Chandler reported: ^ An ultra light plane crashed in Jennings Bay. The FAA is looking at charges against the operator as the plane, which fell from 150’, was overweight for an ultra light. The injuries were minor. * One DWI has been issued. * There have been 19 fish house break ins and 7 snowmobile thefts. * There have been 17 incidents of people goir>g through the ice compared with 8 in the rest of the county. * The Water Patrol has been working with the Lake area Police Departments to try to contain the thefts. They have had good response to date. A campaign is being mounted to have he fish house owners keep their houses clear of anythirig worth stealing. Crime Stoppers is offering a reward for information. * A program similar to Crime Watch is being planned for the marinas for the summer. * Fifteen new Special Deputy trainees have entered the program. They were recruited through newspaper, radio and TV. They will have 200 hours of training continuing through June. * The Water Patrol will meet on 1/17/92 with the State Boiler Inspectors on how to continue with the rest of the recon struction on the Minnehalia. Lake Use Cominittee JanUtiry 13, 199? F. Update on the DNR's Proposed Change in the Size of Snowtnobile Registration Numbers.In spite of communications from the LMCO. h-p. 'pui Par... Sheriff Omodt ard rhe MN State Sheriff’s Associmn w.i' -ino to the proposed unge to the snowmobile regisrr itir•. -jcal an numbers, Rodney Sando, Commissioner, ^NR has- i'< Cochran the DNR will proceed to eliminate the three •'> - in^anS Tdecal that ia approximately two-a..d-onr ..x:hee by national snowmobile association «ants the smaller de'cal to provide uniform identification throuphout the nation The executive direct>r expressed the opinion that the competition sn-wmobiles want more space on the machines for ‘“'"‘rhajiSlerLidTTettVr was sent to the ONR sin Sheriff’s Association stating the use of the smaller decal lo not director and chandler saddest pursuind the matted by reruestind a meetind with the ONR to initiate sor-e dialogue « n the subject. 6 “Save the Lake" Contribution to the Water Patrol Pillsbury said there is nothird to repo.-t at this meeting. *'woTIO™*Rascop moved, Reese seconded, that the meetmd be adjourn'^ Motion carried unanimously. The meetmd was ad- journed at 5:55 p.m. For the Committee Eugene Strommen, Executive Director Robert Pillsbury, Chair - -- .a. X. 2. 3. 4. tHHHEHAHA CHEEK WATERSHED DISTRICT board of NAHAGERS AGEHDA Thursday, January 16, 1992 St. Louis Park City Hall City Council Chambers JA‘: 1 3 i992 7:30 p.m »f> Qtder: note attendance Approval of Agenda. Rpadino and aporov HOYMb^r 1991. Applications • Applicant: Location: Purpose: .r.rTop ■». 91-141: Minneapolis Park and Recreation Board 310 So. Fourth Ave. Minneapolis, MH 55415 * r City of Minneapolis, Sec. 9BC, north of Lake Harriet ^ ^ ^ ^j^}^^0f3^xon of a wetland in the Roberts Bird Sanctuary to increase open water area. B.Permit ApplicAtiop *"Q. 91-145* Applicant: Carlson Real Estate Co. c/o Lundqren Bros. Construction, Inc. 935 E. Wayzata Blvd. Wayzata, MN 55391 City of Minnetrista, Sec. 27DC, Halste.,d s Bay, Lake Minnetonka Dredging to remove approximately 15,000 cubic y3rds of material from a channel for navigational access. Location: Purpose: C.Permit Application HQ. Applicant: Ken Lever 6432 Bay Cliff Drive Victoria, MN 55331 ^ City of Victoria, Sec. lAD, Smithtown Day, Lake Minnetonka -, ,. ,Installation of approximately 2du lineal feet of rip rap shoreline erosion protection. Location: Purpose: D.Pmrmit Application BO. 92rfl2: Applicant: Bill Miller Location: Purpose: 2691 Casco Point Road Orono, MN 55392 City of Orono, Sec. 20BC, Spring Park Bay, Lake Mf;»neton. a , . , * .Installation of approximately 100 lineal feet of rip rap shoreline erosion protection. . I' w :■' f > ^s i\ fU .-r r % lb- P 5. E. Applicant: Location: Purpose: Jo. 92-03: Bob Jasper 14 MacLynn Road Greenwood, MM 55331 City of Greenwood, Sec. 35BC, St. Alban's Bay, Lake Minnetonka Installation of approximately 115 lineal feet of rip rap shoreline erosion protection. P.Peraiit Appligation Mo. 92-04? Applicant: william R. Englehardt Associates, Inc. 1107 Hazeltine Blvd., Box 52 Chaska, MM 55318 Location: City of Chanhassen, Secs. 5, 7 and 8, Lake Minnewashta Purpo'.. Stormwater management plan for reconstruction of Minnewashta Parkway from TH7 to TH5. G.Parait Application mq> 92-qs; Applicant: Methodist Health Care Association 6500 Excelsior Blvd. St. Louis Park, MM 55426 City of Wayzata, Sec. 5BC Stormwater management plan for expansion of the Wayzata Medical Center located southeast of the 1-394 and County Road 101 interchange. Location: Purpose: KiTsi-gis........ Executive _tee g<»or>rh Plans and Programs Commit 8* Treasurer's Report. 9. Engineer's Report. 10. Attorney's Report. 11• Unfinished Business 12 * Mew Business - 13. Adjournment. -2-917DAJ(39) NIHUTES OF REGULAR MEETIIIG OF Hovenber 21« 1991 HimiEHAHA CREEK NATERSHED DISTRICT BOARD OF HAHAGERS The regular meeting of the Board of Managers of the Minnehaha Creek Watershed District was called to order by President Spensley at 7:35 p.m. on Thursday, November 21, 1991, at St. Louis Park City Hall, St. Louis Park, Minnesota. Managers present: Spensley, Love, Maple, Lindley, Miller, Erickson and Thomas. Managers absent: None. Also present were Board Advisors Quanbeck and Jones. A'^roval of Agenda It was moved by Manager Love, seconded by Manager Lindley, that the report of the violations Committee be moved before the hearing of permit applications. Upon vote, the amendment was adopted unanimously. It was irDved by Manager Lindley, seconded by Manager Erickson, that the agenda, as amended, be adopted. Upon vote, the motion carried unanimously. Approval of Minutes of Regular Meeting The Managers reviewed the minutes of the regular meeting of October 17, 1991. it was moved by Manager Thom&.i, seconded by Manager Maple, that the minutes of the October 17, 1991, meeting be approved. Upon vote, the minutes were unanimously approved. Hints and Violationa Cnniittee Manager Love, Chair of the violations Committee, called upon the Department of Natural Resources* ("DNR”) Area Hydrologist, Ceil Strauss, and asked for an update on several matters of mutual concern to the DNR and the Watershed District. Ms. Strauss indicated that a citation had been served on November 20, 1991, in regard to the unauthorized dredging which occurred on the property of Ms. Sandra Vrooroan on Gleason Lake. Ms. Strauss further indicated that the DNR would be issuing a restoration order concerning the Easter Sunday, 1990 dredging at Gayle's Marina. Ms. Strauss indicated that the restoration order should be finalized by the end of November. Manager Love noted that this matter has been pending for many months and urged the DNR to finalize and serve the restoration order by December 1, SImitM -1-(11/21/SI' 1991, if at all possible. Ms. Strauss indicated that the Department understood the need to finalize this matter and intended to move forward expeditiously. Manager Love moved that any action by the Board in regard to Gayle's Marina be tabled, pending the issuance of a restoration order by the Department of Natural Resources. The motion was seconded by Manager Lindley. upon vote, the matter carried with President Spensley voting in the negative. Manager Love thanked Ms. Strauss for providing the Board with an update in regard to these issues. Manager Love then moved that the agenda, as amended, be suspended, and that the additional reporting items of the Committee be heard as previously scheduled in the agenda. The motion was seconded by Manager Lindley. Upon vote, the motion carried unanimously. Approval of Permit Applications It was moved by Manager Love, seconded by Manager Lindley, that permit applications 90-120, RDP Partners; 91-01, Jones-Harriaon Residence; 91-142, City of Mound; 91-143, City of Mftiimi ? and 91-144. John and Karen Latterner. be approved and the permits Issued, based upon recommendation of staff that the applicants have met all applicable rules. Upon vote, the motion carried unanimously. Tabling of lit Application It was moved by Manager Love, seconded by Manager Lindley, that permit application 91-141. Minneapolis Park and Recreation Board, be tabled, based upon staff recommendation that the application is not complete. Upon vote, the motion was approved unanimously. Hearing of Permit Applications 91-133 Power Aasociation — Stormwater ion of an existing substation and the placement_Qf fill in the floodplain. Staff reported that this project involves the expansion of an existing electrical substation located in the City of Medina. The proposal includes filling and extending an existing slope on the south edge of the site, which is adjacent to a protected wetland. Applicant proposes to cover the area with gravel rather than pavement. Staff recommended approval, pending the r'.ceipt of five iteom as set forth in its report. These items would include the provisions of plans concerning water quality treatment facilities conforming with District standards. It was moved by Manager Love, -2-(11/21/91) seconded by Manager Lindley^ that the permit be approved with issuance conditioned upon receipt of those items set forth in staff's report in a form and substance acceptable to staff. Upon vote* the motion carried unanimously* with Manager Miller abstaining* due to an economic conflict of interest. 91-140. Carlson niaw far Qradine to off^1^94 lanv — Stormwater management and 2 wetlands south of This project involves grading on both sides of the municipal boundary between the Cities of Plymouth and Minnetonka, at a site located east of 1-494 between Carlson Parkway and Cheshire Lane. While it is anticipated that overall development of the site will occur in the near future* the permit reviewed requested authorization for only limited grading for the placement of fill in a series of Type 1 and 2 wetlands totalling 1.29 acres in size. Staff noted that District rules regulate only Types 3, 4 and 5 wetlands* and therefore* the Board's Rule D does not apply to the project. The site is part of the Carlson property developtwent*« overall stormwater management plan approved by the Board of Managers under MCWD Permit 83-94. Ultimate development of the site would require additional review by the Board of Managers under a separate permit application. Staff recommended approval pending receipt of information requested. Manager Lindley noted to representatives of the applicant that erosion control problems still exist near Twelve Oaks Road and requested thac they have this matter investigate and corrected. It was moved by Manger Erickson* seconded by Manager Maple, that the permit be approved with issuance condition^ upon the receipt of those items set forth in staff's report in a form and substance acceptable to staff. Upon vote* the motion carried unanimously. 91-14S. Carlson Real Estate CompaBT --Ptedging y gfiWQgfi IS.OOP cwhig vards of material from a channel for Staff reported that this project involves dredging approximately 15*000 cubic yards of material from a 2*200 lineal foot channel on the west shore of Halsteads Bay* Lake Minnetonka* in the City of Minnetrista. The channel was originally dredged in 1959 with a 70-foot width and 2-to-l side slopes to a depth of 922.6. The dredging was done pursuant to a permit issued by the Minnesota Department of Conservation. Applicants propose dredging to a 35-foot bottom width and a 3-to-l side slope creating a 70-foot wide channel at the Lake Minnetonka runout elevation of 928.6. Currently* the bottom elevation through the channel area is generally 926. The proposed depth is 922.6. District rules limit multiple user channel to a maximum depth of 923.6 and a 15-foot bottom width unless adequate justification is presented to Mtmtm -3-<ii/2i/ai) demorstrate ^hat greater dimensions provide the "minimal impact solution to a specific need. Staff indicated that the channel appears to serve one large parcel of property currently owned by Carlson Real Estate Company. Staff noted that the proposal calls for the channel to be dredged to a bottom width and depth which would be in excess of District standards. Staff further noted that no information has been provided as to why the proposed dredging is consistent with the "minimal impact* solution as required by Board rules. This provision requires the Board to examine alternatives to dredging where possible and to examine dredging solutions which minimize the disruption to the lake bed. As such, staff recommended tabling the application pending receipt of the information in question. Rick Sather appeared on behalf of the applicant. Manager Love questioned why the dredging was being proposed. Manager Maple asked whether any current development plans are underway. Nr. Sather responded that there are no current development plans. The channel has been filled with silt to a substantial degree, which impacts the usefulness of the channel. Manager Miller questioned whether dredging the channel was necessary at all in light of the minimum impact standard. President Spensley noted that other riparian access exist to the property. Manager Lindley noted that there are only four slips currently available, and that there is no need to dredge in order to gain access to the slips. Since riparian access exists, there would appear to be no reason to undertake the dredging, unless the dredging is for the benefit of a future subdivision. Manager Lindley indicated that since that issue is not before the Board of Managers, it would be premature to make any decisions based upon speculation about such development. Mr. Sather indicated that the channel is usable, but that when boats go through the channel, it creates substantial turbulence, due to the amount of silt in the channel. As such, Carlson Real Estate is only seeking to maintain the existing channel, and in order to maintain public water. Manager Lindley sioved to table the application based upon recommendation of staff. The flBOtion was seconded by Manager Love. Upon vote, the motion carried unanimously. Nanagei Miller moved reconsideration. Manager Thomas seconded thi.. motion. Upon vote, the motion to reconsider was approved unaniiaously. Manager Lovw stated that many of the issues associated with the permit, such as channel depth and width, are impossible to debate without more information concerning any proposed development. Manager Love further noted that the project as proposed is very routine and the District does not approve such applications without the necessary information to support a variance from its rules. -4-<11/21/91) ■ i.1- v. f- Chsrles Dayton appoarod on behalf of the applicant. He noted the history of the channel and that the initial dredging was done pursuant to a permit issued in 1959 by the Department of Conservation. He noted that the permit indicated that the channel was "released to public waters." He further indicated that the proposed dredging was necessary in order to maintain public waters and was being conducted pursuant to a preexisting valid permit. Mr. Dayton concluded that the dredging would meet the minimum impact standards of the District based upon the 3-to-l side slope proposed in the application. Manager Lindley stated that it is his understanding that the public waters designation means that the channel should be kept open. He indicated that being "kept open" could have several meanings. For example* it could mean that the channel cannot be blocked by any obstruction* such as a fence. President Spensley noted that the Board of Managers still lacked sufficient data in order to apply its "minimal impact" standard. Manager Lindley noted that le application is made by Carlson Real Estate in care of Lundgren Brothers, and questioned what Involvement Lundgren Brothers has in the application. Mr. Pflaum of Lundgren Brothers stated that he is acting as an advisor to the Carlsons concerning potential development issues. President Spensley again noted that he is in doubt as to what standards the Board should use in regard to this application* since it would appear to require a variance from Board rules* but the application does not provide sufficient information in order to judge whether a variance is appropriate. Mr. Jones stated that even assuming that Mr. Dayton's analysis is correct* Mr. Carlson's rights would not appear to be prejudiced by the failure of the Board to act at this time* but that it would put the Board in a difficult porition to apply its rules without more specific information. President Spensley again noted the neev* for more detail from the applicant. Manager Miller urged the applicant to come back with additional information as requested by the staff* and moved to hold-over the matter. Manager Maple seconded this motion. Upon vote* the motion passed unanimously. 91-14S. iterrltt Peterson — Dredging to 2.300 cubic of Material from a channel to improve access. Staff reports that the project 'nvolves dredging a multiple user channel adjacent to Shadywood Road in the City of Orono. This matter was originally reviewed and approved by the Board in 1987, with the permit extended in 1988* 1989 and 1990. The applicant has requested an additional extension of the permit. Staff recommended approval based upon receipt of the items noted in its report. Manager Love indicated that he would concur with -5-(11/n/ri) staff's recommendation provided that an additional requirement be added specifying that any dredging be conducted by a contractor licensed by the District. It was moved by Manager Lindley, seconded by Manager Maple, that the permit be approved based upon recommendation of staff as amended by Manager Love’s suggestion that any dredging be conducted by a licenced contractor, and with the permit being issued upon receipt of those items noted in staff's report in a form and substance acceptable to staff. Upon vote, the motion carrie^^ unanimously. Public hearing concerning whether an Environmental Assessment WPflMh****^ nhpuld be required for the Channel Drive Hommomnar*a Association Dredoina Project located on Alban's Bar of Lake Minnetonka. President Spensley opened the Public Hearing. He indicated that the District had been designated by the Environmental Quality Board (*BQB*) as the Responsible Governmental Unit ("RGU") to review issues raised in a petition to that Board concerning whether the proposed dredging by the Channel Drive Homeowner’s Association raised issues necessitating an Environmental Assessment worksheet ("EAW’'). President Spensley indicated that he would ask staff for a report concerning these matters, and then would call upon representatives of the petitioner, developer and members of the public to provide any comments which they may have. President Spensley indicated that this was a proceeding on the record and that any documents which any party wished to make a part of the record should be provided to staff. He further indicated that no decision would be made by the Board of Managers at this meeting, but that Managers should feel free to ask any questions of any witnesses. Mr. Jones stated that petitioners raised a number of concerns as to whether the proposed project would have a substantial impact upon the environm,ent. Mr. Jones indicated that the role of the Board under Minnesota Rule 4410.100, subp. 6, is to order the preparation of an EAM if the evidence presented by the petitioners, proposers and other persons or o..:;erwise known to the RGU deomnstrates that, because of the nature or location of the proposed project, the project may have the potential for significant environmental affects or to deny the petition if the evidence presented fails to demonstrate the project may have the potential for significant environmental effects. President Spensley recognized Mr. Wendle, appearing on behalf of the petitioners. Mr. Wendle indicated that he believes an EAW is required as a matter of law since the surface area of the water to be dredged is more than one acre, and since the cumulative expansion of a marina project would result in a total of 20,000 or iDore square feet of water surface area for docks, docking or maneuvering of water craft. -6-(11/21/11) jiJk. Mr. Wendle dlso indicated that an EAW should be granted on a discretionary basis due to the fact that a wetland, which drains into the area to be dredged, flows through the border of an auto salvage operation. As such, dredging could affect wells of single-family homes if the area is polluted. In effect, Mr. Wendle indicated, dredging would create a pipeline for migration of the hazardous waste. Mr. Paul Haik was recognized by President Spensley as the representative of the Channel Drive Homeowner’s Association. Mr. Haik disputed that the project falls into either of the mandatory EAW categories indicated by Mr. Wendle. He noted that Mr. wendle provided no evidence in support of his assertions. Mr. Haik noted that there is no evidence of hazardous waste being located at the auto salvage yard. He has contacted the Minnesota Pollution Concrol Agency (-MPCA-), and indicated that the MPCA has no evidence of any such pollution. Mr. Haik argued that if the Channel Drive project requires an Environmental Assessment Worksheet, then every dredging project would also require similar review since no evidence had been produced to suggest that any special circumstances exist in regard to this dredging project. Mr. Haik recounted the history of litigation involving this project, noting that the petitioners had also sought judicial relief in this matter. Mr. Haik indicated that these tactics are being pursued in order to delay the project and make it more expensive. Mr. Haik noted that unlike the Carlson project, which was discussed with the Board earlier, this is a very small-scale project. He indicated that this dredging involves a channel which has been in existence since 1914, and is pursuant to previously approved dredging permits from the State of Minnesota. Manager Lindley asked who owns the lots. Mr. Haik responded that there are four parcels involved, and they are owned by individuals residing in Minnetonka, Eden Prairie, Bloomington and Mound. Mr. Haik further responded that rip rap was put in and other modifications mf e in response to requests by the DNR as a part of the applicaticn approval process with the DNR. He indicated that the project involves combined dock rights for the four parcels. Manager Love stated that there appears to be no difference between this proposed dredging project and many other that come before the Board and are routinely approved by the Board. The only difference would be any problems created by the existence of the scrap yaru and no proof has been presented concerning actual pollution at that site. Manager Miller also noted that if the scrap yard is producing any type of heavy metal pollution, the migration of such material could be dangerous to the Lake. A discussion then ensued as to whether Manner Road, which separates the wetland near the salvage yard from the Lake, serves as a barrier to the flow of materials from the wetland into the Lake. Managers suggested that Mr. Quanbeck review this issue further. ■aarS Mliwt(-7- Nr. Hovey of the Department of Natural Resources appeared. He provided Nr. Quanbeck with :$everal exhibits for the record. Nr. Hovey indicated that the salvage yard in question is 400 yards from the Lake. He further indicated thac the Pollution Control Agency is unaware of any pollution problems created bv the salvage yard* and that no such problems have been brought to he Agency’s attention. Nr. Hovey noted that there are currently 8,^00 water craft on the Lake and that the increase of traffic created by the dredging of this channel would have no discernible impact on the water quality of the Lake. As to the mandatory EAW issue, Mr. Hovey indicated that the only issue from his perspective was whether the area being dredged exceeds one acre. Based upon his calculation, it does not. Manager Erickson asked Nr. Hovey if he believed that the dredging would substantially affect movement of pollution, if any exists, from the wetland to the Lake. Nr. Hovey indicated that since a culvert currently exists, such pollution will move to the Lake, totally irrespective of the dredging process, and, as such, whether the permit is issued or not does not impact the problems associated with potential pollution caused by the salvage yard. Manager Miller indicated that he was concerned that dredging up silt that could be contaminated with pollution from the salvage yard, might have adverse consequences. Nr. Hovey indicat ^ that there is no evidence at this point to suggest the contamination and, if something turned up as a part of the dredging, it would be appropriate for the Pollution Control Agency to get involved. Manager Maple noted that much of the problem seems to stem from the fact that so many of these issues are multi-jurisdictional. He noted that both the Cities of Shorewood and Greenwood have had involvement in this matter and seemingly had a different interest. Manager Ericksor asked whether the dredging would likely impact the groundwater. Mr. Hovey indicated that the DNR was not particularly concerned about this matter since the silt being reaioved is coming from Lake Minnetonka and since there has been no indication of pollution from the salvage yard in the wetland near the salvage yard, let alone the Lake. A discussion ensued about what should happen next. The question was raised as to whether additional hearings could be scheduled. Mr. Jones indicated that he would check with the Environmental Quality Board on this issue, but indicated that the Board should proceed as if this will be the final public hearing. He further indicated that additional written testimony would be permitted, and those interested in submitting such testimony should do so within ten (10) days from the close of the meeting. MmIm -8-(11/21/tf) F ViQlg*»fong Cowaittee (cont.l Manager Love continued the report of the Complaints and Violations Conraittee. He indicated that two new rip rap matters had come to the attention of the Committee, and that prooress was being made in resolving a number of older matters. Mr. Love then reguested Mr. Jones to circulate a memorandum outlining the settlement terms of the Libbs Lake litigation, a copy of which is attacned to these minutes. Mr. Love indicated that settlement had occurred the day that the parties were scheduled to present their cases to the Board of Water and Soil Resources. He further indicated that the terms of the settlement would result in the restoration of the floodplain to its predredgino contours, would result f i the restoration of the storage capacity in the floodplain, and would result in the payment of several thousand dollars o. Rule J fees to the District. Ft nance Coiittee Manager Lindley presented the Treasurer’s report. He indicated that the watershed is experiencing a decline in the balance of certain funds. Discussion ensued concerning when property tax revenues would be paid to the Watershed District. The Managers reviewed the Treasurer’s report, as well as the outstanding invoices to be paid. It was moved by Manager Lindley, seconded by Manager Erickson, that the Board authorize payment of all invoices as s^t forth in Treasurer's report. Upon vote, the motion carried unanimously. PImkh PrnoratMK rnmit-free President Spensley stated that a public hearing on the Control Structure Management Plan had been held prior to the regular schedule meeting of the Watershed District this evening. President Spensley indicated that the Plans and Programs Committee w'^uld sunnarize the comments from the public hearing when the Control Structure Management Plan comes before the Doard of Managers for their review. President Spensley further stated that the Plans and Programs Commitcee had met with the City of Wayzata concerning the Gleason Creek project and the possibility nf participation by the District in the project since the project could assist the District in achieving its water quality goals as set forth in the 509 Plan. President Spensley indicated that the Committee would continue to review this matter. BMfS -9- Rules and Policies Committee L Manager Thomas indicated that the Committee has not met recently and that they will consider scheduling a meeting in January. Engineer*s Report 1. Mr. Quanbeck noted that the elevation of the Lake as of November 20, 1991, was 928.95 feet and that normally the Lake would remain near this elevation for the remainder of the winter. 2. Mr. Quanbeck reported that the Long Lake Clean Water Partnership Plan has been filed. The Minnesota Pollucion Control Agency has indicated that it will not complete review of the application until the Pollution Control Agency approves the Diagnostic/Feasibility Study. As a result, for timing reasons, the District will likely need to reapply to the MPCA for consideration next year. Mr. Quanbeck noted that ore strategy might be to apply to the DNR separately for the fund’ ig of the aerator portion of the project under a separate program. He suggested that this should be done in February if the Board decides to pursue this option. He noted that we could also begin to implement the Public Information Committee portion of the overall Clean Water Partnership Plan. President Spensley suggested that this matter be taken bacr*. to the Plans and Programs Committee for further discussion. 3. Mr. Quanbeck indicated that Mr. John McDowell was in attendance and was looking for further direction from the Board in regard to his proposal to vacate the existing easement across his property in regard to the maintenance of the South Katrina Marsh structure on Painter Creek and to replace that easement with an equally effective one, which he would grant to the District. It was moved by Manager Lindley, seconded by Manager Maple, that the Board authorize the vacation of the present easement and the creation of a new easement so long as the proposed replacement easement was in a form and substance acceptable to legal and engineering staff, and Mr. McDowell agreed to pay any fees incurred by staff in regard to this matter. Upon vote, the matter carried unanimously. 4. Mr. Quanbeck noted that he is still working with the City of Orono to clear beaver dams which have created certain drainage problems in the City. He noted that one such dam in Painter Marsh had plugged certain structures in that area. 5. Mr. Quanbeck next raised the issue of whether the Board wanted to request that the Board of Water and Soil Resources designate the District as the enforcement authority under the new Wetland Protection Act for wetlands within the District's ■oftTd MlnytM -10-(11/21/91) m boundaries. It was moved by Manager Miller, seconded by Manger Love, that Mr. Jones be instructed to contact the Board of Water and Soil Resources and express the desire of the District to serve as the enforcement authority the Wetland Protection Act. Manager Lindley agreed that the District should seek such designation, but noted that this may be a contentious issue with other political jurisdictions and that it has the potential to be expensive for the District to regulate. Upon vote, the motion carried unanimously. 6. Mr. Quanbeck indicated that the annual convention of the Minnesota Association of Watershed Districts ("MAWD ) will be held in December. However, there is some question about the ability of the District to participate at the meeting since the District has not paid its annual membership fees to the Association to date. In the past, these fees have been forgiven by MAWD in recognition of the expense being incurred by the MCWD in pursuing litigation. It was moved by Manager Miller, seconded by Manager Love, that the annual MAWD dues be paid and that President Spensley be authorized to represent the District at the annual MAWD meeting. Upon vote, the motion carried unanimously. President Spensley indicated that the Coon Creek Watershed District has authored a resolution that supports the provisions of the watershed legislation which Senator Flynn has authored on our behalf and that he expected this resolution to be considered at the MAWD convention. 7. Mr. Quanbeck reported that the Minneapolis Park and Recreation Board has raised concerns in regard to the I-35W Environmental Impact Statement ("EIS"). Those concerns go to the need for a water quality special study and the impact of potential run-off into Legion Lake created by the proposed construction. Mr. Jeff Lee, Park Board staff, was present to discuss this matter. It was moved by Manager Lindley, seconded by Manager Erickson, that the Board support the Minneapolis Park and Recreation Board in its effort to clarify the water quality issues and that the Board independently notify the Department of Transportation of the Board’s concerns regarding this project. Upon vote, the motion carried unanimously. Attorney’s Report Mr. Jones distributed a memorandum which indicated that the Internal Revenue Service has been in contact with certain watershed districts and believes that tax should be withheld from per diem checks issued to Managers. Mr. Jones indicated that he expected this to be a matter of some discussion at the MAWD annual meeting, and that it is an issue which the District should continue to follow. ir4 MiiwtM -11-<11/21/91) i;'. Mr. Jones also reported that the City of Minnetonka has asked for some changes in its contract with the District in regard to the staffing of the Headwaters Dam. He suggested that the staff be authorized to work-out final details subject to approval of the Board. Adiourninent There being no further business before the Board, the meeting was adjourned at 11:28 p.m. Respectfully submitted, John E. Thomas - Secretary Attachment 918DAJ(94) -12-(11/21/»1) .t * -rr-: «1' r*. MINUTES OF THE REGULAR MEETING OF THE SCHOOL BOARD OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 held ON DECEMBER 9, 1991 Prior to the start of the Board meeting, the Board members met with the high school Student Advisory Council in order to provide the high school student population the opportunity for communication/discussion with the Board of Education. These meetings will be held quarterly as a result of legislation that was passed last year. The regular meeting of the School Board of Orono Independent School District No. 278 was held on Monday, December 9, 1991. Present: David McKown Don Anderson James Franklin John Maresh Peg Swanson Martha Van de Ven Thomas Mich Neal Lawson Chairperson McKown opened the public hearing on tne proposed u-x levy at 7:20 p.m. and called on Neal Lawson, Assistant Superintendent for Business Affairs, who provided a brief sufnmary of the levy. Mr. Lawson answered questions for clarification purposes. Dave McKown expressed appreciation to Dr. Mich and Mr. Lawson for their work/efforts in this area. There being no further comnients, Mr. McKown closed the public hearing at 7:30 p.m Member John Maresh introduced the following resolution ana moved its adoption: RESOLVED:That the Board of Education adopt the final property tax levy for 1991, payable 1992 as shown below, and direct the Clerk to cer tify the levy to the Hennepin County Aduitor on or before five (5) business days after December 20, 1991. General Fund (Maintenance) Transportation Community Service Capitol Expenditure General Debt Service $ 8,885,763.64 841,383.20 203,620.64 794,138.69 282,357.68 Total $11,007,263.85 The motion for the adoption of the foregoing resolution was duly seconded by Jim Franklin and upon vote being taken, the following voted in favor thereof: Swanson, Maresh, Van de Ven, Franklin, Anderson, McKown and the following voted against the same: None whereupon said resolution was declared duly passed and adopted. UPON MOTION by Jim Franklin, seconded by Vartna Van de Ven, tne consent agenda was approved as follows: - approved the minutes of the November 1?. 1991 regular meeting; - approved the minutes of the Board Workshop - November 12, 1991 - approved the appointment of Tom Portz oS a part-time custodian at Schumann Elementary School effective November 21, 1991; - approved the appointment of Theresa Beck as a part-time paraprofessional for the special education department effective December 9, 1991; - approved the adoption of *he text Encore: The Guide ^ Enjoying Music by Jack Boyd and published by Mayfield Company; - approved the Block Grant application in the amount of $13,716.00; - approved the bills as covered by vouchers 072087 through 072401 and office checks as covered by vouchers 1471 through 1544. - approved the Treasurer's Report for July, 1991. Motion carried. Board member Maresh left the meeting at 7:34 p.m. Or. Mich reported that the holiday music program and open house for the elemen tary school was being held tonight; that he nad had tne opportunity to teach Latin classes at the high school last week and he wanted to share the thank you notes he received from the students; that he wanted to recognize the following groups in our schools that are working to help people less fortunate during this holiday season: the student council at Orono Primary School is sponsoring a food drive and a hat/mitten tree which will be given to Interfaith Outreach, the Orono Education Association is sponsoring "Toys for Tots" for participation by all facully/staff, and the Orono High Scnool collected over 5,000 items of clothing for Goodwill; that he has given approval for Comniunity Education to seek the following two grants: the Minnesota Department of Education Grant which will provide opportunity for improvement of the quality of School Age Child Care, and the Minnesota Human Services Grant which will aid in the purchase of equipment to upgrade the quality of the School Age Child Care Program; that a proposal, developed uy Melanie DeLuca, for a summer program will be presented to the Board in the near future; that Toni Bergland will participate in the MSBA Convention Early Bird Workshop on the subject of "Emergency Evacuations"; that the Board/administration met with five area legislators last week to exchange thoughts/ideas for the upcoming legislative session; that the Board had its first meeting earlier this evening with the student advisory group from the high school which was mandated by the legislature last year; that the long-range planning process was kicked-off on December 5 with a meeting which included all seven committees. Chairman McKown stated that, with the permission of the Board, they would move to Agenda Item five under New Business at this time concerning high school credit recommendations. Dr. Mich stated that a committee at the high school has been examining sev» ral questions relating to credit and the process used in this examination included the work of a committee, a survey of all of the faculty, and a faculty meeting in which the matters were discussed which resulted in the resolutions before the Board tonight. UPON MOTION by Jim Franklin, seconded by Peg Swanson, the Board of Education approved the granting of credit as per other courses at Orono High School for performance music courses (band and choir) and that these courses be counted as part of the student's grade point average. Don Anderson expressed concern regarding this issue because of the differences in testing in this area, the diversity of instruments not allowing all students to participate in bands such as jazz band, comparisons with other subjects, etc. Discussion ensued regarding the provision for challenges which allows students to learn and explore, necessity of granting credit for such courses as art, music and physical education on the same basis as other subjects providing tr.e students are mastering certain outcomes, necessity to be in sync with other districts, etc. The question was called on the motion. Nay: Don Anderson. Board member Maresh absent. Motion carried. UPON MOTION by Peg Swanson, seconded by Jim Franklin, the Board of Education approved the granting of credit as per other courses at Orono High School for enriched math courses taken at the University of Minnesota by Orono students and that these courses be counted as part of a student's grade point average. Motion carried. Board member Maresh absent. UPON MOTION by Jim Franklin, seconded by Peg Swanson, the Board of Education ratified the Teachers' Master Contract for 1991-93 as negotiated by the Board Negotiating Committee. Abstain: Don Anderson. Board member Maresh absent. Motion carried. UPON MOTION by Martha Van de Ven, seconded by Jim Franklin, the Board of Education approved the substitute teacher pay rate, commencing January 1, 1992 as follows: daily rate - $65.00 (from $63.00); short term - $70.00 (no change); long term - beginning B.A. step (no change); and homebot d tutor - $15.00 per hour (no change). Motion carried. Board member Maresh absent. Board member Maresh returned to the meeting during the audit report. Mr. Mark Hanmer of Froehling, Anderson, Plowman & Wasmuth, Ltd., presented the 1990-91 Audit Report. Mr. Hammer briefly summarized the audit report for Board members stating that the audit supported an unqualified opinion in accordance with generally accepted accounting principles. UPON MOTION Don Anderson, seconded by Jim Franklin, the Board of Education accepted the audit of school district financial statements for 1990-91 as sub mitted by Mark Hammer of Froehling, Anderson, Plowman & Wasmuth, Ltd. Motion carried unanimously. Mr. Hdnwer explained to the Board that due to legislative changes during this past year and the tact that the Student Activity Account is under administrative control, it was necessary for the first time to separately audit the Student Activity Account. He provided a brief sumnary and stated that the audit sup ported an unqualified opinion in accordance with generally accepted accounting principles. UPON MOTION by Don Anderson, seconded by Jonn Maresh, the Board of Education accepted the audit of the Student Activity Account for 1990-91 as submitted by Mark Hammer of Froehling, Andersen, Plowman & Wasmuth, Ltd. Motion carried unanimously. Dave McKown expressed appreciation to Bill Fenholt for his work in this area and Mr. Hammer expressed appreciation to Bill Fenholt and his staff for their assistance/cooperation while the audit was in process. UPON MOTION by John Maresh, seconded by Peg Swanson, the Board of Education called for bids on employee group health benefits. Motion carried unanimously. Mr. Lawson briefly addressed the first reading of the field trip procedure stating that the existing procedure required some adjustment in order to better verify and approve field trips. He stated that this procedure has been reviewed by administration/staff and will be presented to tne Board for approval at the next meeting. UPON MOTION by Jim FranLlir, seconded by Martha Van de Ven, the meeting was adjourned. Motion carried. Approved; oFn Maresh, Clerk ■T Dave McKown, Chairman r Lake Minnetonka Cable Communications Commission 443 OAK STREET • EXCELSIOR. MINNESOTA 55331 • 1612)474 5539 ___. JA?: i 5 1992 LAKE MINNETONKA CABLE COMMUNICATIONS COMMI-SSION EXECUTIVE COMMITTEE MEETING TUESDAY, JANUARY 21, 1991 5:00 P.M. ROOM 204, EXCELSIOR COMMUNITY CENTER AGENDA I. Call to Order II. Approval of November and December (1991) minutes III. Reports a) Officers: Treasurer: 4th Quarter Report b) Administrative/Production Coordinator Report c) Triax IV. Unfinished Business a) Metro Cable Network Ch. 6 signal problem: Report from Triax V. New Business a) Triax "franchise tax" listing on January (1992)monthly Statement b) Quarterly "Public Access" newsletter c) Approval to purchase camera d) Renewal of Channel 6 fees VI. Adjournment ■ ■: . MINUTES LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION FULL COMMISSION MEETING TUESDAY, NOVEMBER 19, 1991 5»00 P.M. ROOM 204 EXCELSIOR COMMUNITY CENTER 443 OAK STREET, EXCELSIOR I.CALL TO ORDER Chair Brancel called the meeting DIRECTORS PRESENT Howard Bennis/Deephaven Jim Olds/Excelsior Ann Thies/Medina Robert Mjrphy/Excelaior Bobbi A\>do/Minnetonka Beach Otto Wilczek/Mlnnotriata Tim Salazar/Minnetrista Andrew Wienzerl Jr./ St. Bonifaclua Barb Brancel/Shorewood Dean Johnaon/Shorewood Lesley Hughes-Seamana/Tonka Bay Gerald Schmeig/Victoria to order at 5:05. OTHERS PRESENT Kathe Ehlert/Ad.Asat. Paul Nazarow/Triax II.APPROVAL OF MINUTES Brancel aaked for diacuaaion or a motion to approve the October minutea. Motion 11.19.91.1: Olda moved to approve the October minutea, Hughea>Seamana aeconded. The motion paaaed unanimoualy. III. REPORTS Treaaurer*a Report Wilczek preaented the 3rd quarter report, atatlng that the Commiaaion waa generally on budget. Motion 11.19.91.21 Wilczek moved to accept the 3rd quarter report. Salazar aeconded. The motion paaaed unanimously. Wilczek preaented the Juat Claims for the period 10/17/91 through 11/12/91, stating that a Certificate of Deposit had been cashed, with part going to SCCU and part to the checking ac count. The following month's Just Claims report would reflect this transfer. Motion 11.19.91.3: Wilczek moved to approve the Just Claims for the period 10/17/91 through 11/12/91. Olds aeconded. The mo tion passed unanimously. Administrative Update Wilczek reported that resume's for the Job of administrator had been received and interviews scheduled for November 21. He stated Jin Schindler had received a complaint from a subacriber regarding Interference on Channel 21 and that Nazarow would take care of it. Another subscriber had complained that he felt the time allowed for payment of monthly bills was too short. Following discussion with Theis end Schmeig, Wilczek agreed to Inform the subscriber that the Commission feels the payment time to be reasonable. LMCCC Minutes--Page Two Trlax Report Nazarow distributed the monthly and studio reports. Homes Passed Basic Subs Expanded Basic Subs Total Pay Units Total A/0 s Total Remotes 11,916 107 048 669 944 367 6 3 3 2 (Nazarow stated there had been three complaints received and all had been taken care of. Victoria subscribers had been given one day credit due to intermittent outages in that area, another subscriber had asked about upgrading the system to allow for stereo and Nazarow explained that could not be done until the second phase of the fiber optic system had been completed. Nazarow reported that Triax technicians, as well as an out side engineer had spent a great deal of time trying to find the source of the problems on Channel 6. Ho explained that the sig nal or'.ginates in Brooklyn Park and goes through more amplifiers than any other channel. For this reason it .uS possible that the problem might not be in Triax's system. He stated Triax will continue to monitor Channel 6 and try to determine the source of the problem, but that it has become a lower priority. Olds stated the Commission is not willing to give up on proper recep tion# and that Triax should continue to work on the problem until alternative transmission systems become available. Nazarow agreed that Triax was committed to researching alterna tive transmission methods. IV. UNFINISHED BUSINESS a) Presentations Regarding 1991 Budget Wllczek explained that some of the cities which had rejected the 1992 proposed budget had asked for clarification from a com mission member. Most of the questions had been regarding the proposed salary increases and the conferences and professional organizations. Wllczek reported that he had informed the Tonka Bay city council about the activities of the Commission, explaining the budget and budgeting process. Olds stated that Spring Park had been pleased a commissioner had come to explain the process. •b) Metro Cable Netword Channel 6 Signal Problem This item had been addressed during the Triax report c) Joint Powers/Bylaws Review: Counsel Recommendations Commissioners were directed to the attachment outlining the proposed revisions as recommended by legal counsel. Olds ex plained that they are housekeeping changes to reflect policy changes that had already been enacted. Schmeio asked about the check stamp procedure. Olds explained that with two signatures required on checks^ it had become extremely difficult for the administrator to obtain the necessary signatures and that a stamping procedure had been initiated several months previou.s. LMCCC Mlnutes--Page Three Motion 11.19.91.4! Johnson moved to approve the counsel recom mendations ot proposed changes to the Joint Powers Agreement and Bylaws. Bennis seconded. The motion passed unanimously. V.NEW BUSINESS a) Resume' Screening Committee Report Brancel explained that a large number of resume's had been received for the posltiori of administrator, and the screening committee had Intervie-s scheduled for six of those applicants. Wllczek stated that applicants had a variety of skills and the committee was looking for someone with public relations and marketing skills in addition to TV production skills. Bennis asked if the committee had been using the job description changes in the screening process. Olds stated he thought it would be premature to adopt those job description changes before hiring an administrator. Salazar asked how many applicants would be recommended by the committee and if the interviews would be open to all commissioners. Olds stated that'.the com mittee hoped to be prepared to make a recommendation to hire at the December executive committee meeting; that formal action by the executive committee would be needed to hire. He also stated the interviews would not be open to all commissioners to observe in order to not intimidate the candidates. b) 1992 Staff Salary & Job Description Recommendations No action was taken. c) 1990 Census Updated Member City Votes Wllczek stated that the only change in representation was in Shorewood and that this change would take effect automatically. Olds stated that the votes weighted by population only apply to certain actions, such as changes to the franchise agreement. On routine matters, a simple majority of members present is suffi cient. No action was taken, but the changes were recorded as needed for the next vote. VI. ADJOURNMENT Motion 11.19.91.5: Welnzerl moved to adjourn the meeting, Hughes-Seamans seconded. The meeting adjourned at 6t05 P.M. Respectfully submitted. Kdthe Ehlert, Administrative Assistant iiAi* ■ LHCCC Cl«ii»8 10/17-11/12 CHECK • 2464 2465 2466 2467 2468 2469 2470 2471 2472 2473 2474 2475 2476 2477 2478 2479 2460 10344 10345 10346 10347 10348 2461 2482 2463 2484 2485 DATE Oct 17 Oct Oct Oct Oct Oct Oct Oct Oct Oct Oct Oct Oct Oct Oct Oct Oct Oct Oct Oct Oct Oot Nov Nov Nov Nov Nov 17 17 17 21 29 29 29 29 29 29 29 29 29 30 30 30 31 31 31 31 31 12 12 12 12 12 PAYABLE AV Inc Insty Print* Pvtty C»*h US Postaaster Lightly Epicurean Beat Buy Tonka Printing Ind School Olflt 276 U S Veat HN Dept Revenue Jia Schindler Jennifer Matta CCTV Kay Cunnlnghaa Cinequlpt Star/Trlbune PERA JlB Schindler Jennifer Watt* Jennifer Watts Aaron Blechert Katha Ehlert MN Suburban Pubs Bernick 6 Lifson US Post Office Paychex, Inc Star/Tribune AMOUNT ACCOUNT 105.89 siec video 36.30 access dev fund 97.76 various 29.00 Postage B8.50 Access Dev Fund 04.91 Office Equip 103.20 Office supplies 430.00 Office Rent 113.51 Telephone 674.52 State Taxes 16.22 Mileage 56.10 Mileage 40.00 Access Dev Fund 880.00 Access Dev Fund 33.57 Misc Video 150.00 Adv/proeo 191.30 PERA Benefits 669.14 Payrol\ 852.08 Payroll 876.93 Vacation 216.43 Payroll 77.53 Payroll 163.00 Ads 247.50 Legal 71.03 Postage 51.70 Sec’y Serv 150.00 Ads TOTAL CLAIHS 86506.92 BANK EXCELSIOR Beginning balance Clalas Interest Service Charge $15639.76 -6506.92 61.09 -12.40 ENDING BALANCE $9181.53 8CCU ACCOUNTS Balance Share Acct Balance Preferred Cert, of Deposit (11/10' 6765.41 • 53193.99 \ 26000.00 ' ENDING BALANCE TOTAL FUNDS $95949.40 $95130.93 LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION SPECIAL MEETING OF THE EXECUTIVE COMMITTEE TUESDAY, DECEMBER 3, 1991 ROOM 204, EXCELSIOR COMMUNITY CENTER 443 OAK STREET, EXCELSIOR I .CALL TO ORDER. Chair brancel called the meeting to order at b:Ub F.M. DIRECTORS PRESENT Barb Brancel/Shorewood Tim Pattrin/Orono Tim Salazar/Minnetrista Jimmie Wright/Greenwood Jim Olds/Excelsior Lesley Hughes-Seamans/Tonka Bay II. MFW ADMINISTRATOR SELECTION DECISIM Anderson, Pattrin and Olds reported to the commissioners on the background and qualifications of the two major candidates for the position of administrator. Copies of resume s »*®'‘e distributed and diacussesd. Olds and Pattrin stated they a checked references on both candidates and they were in order. Motion 12.3.91.1! Wright moved to approve the hiring of Janies Daniels as cable administrator, Hughes-Seamans seconded. The motion passed unanimously. Brancel agreed to contact Mr. Daniels and inform him of the decision. Motion 12.3.91.2; Olds moved to specify that Mr. Terrance Kucera be offered the position of administrator if Mr. Daniels refused. Wright seconded. The motion passed unanimously. Because of the approaching holidays and t ,e fact that a new administrator had Just been hired. Chair Brancel asked commissioners if they felt the regularly scheduled Commission for December should be held. Olds recommended that meeting be cancelled, with the understanding that a special meeting could be called if necessary. Commissioners agreed. Discussion followed regarding the salary level for the new administrator. Motion 12.3.91.3; Salazar moved that the starting salary for the ne.. iministrator be $31,500. Pattrin seconded. The motion passed .animously. III. ADJOURNMENT Brancel asked for a motion to adjourn. Motion 12.3.91.4; Salazar moved to adjourn the meeting, Hughes- Seamans seconded. The motion passed unanimously. Respectfully submitted. Zl. Kafthe Ehlert, Administrative Assistant Lake Minnetonka Cable Communications Commission 443 OAK STREET • EXCELSIOR. MINNESOTA 55331 • (612)474 5539 Letter To The Editor: As subscribers to Triax Cablevision opened their January 1992 statements, they discovered a five per cent (5%) increase in their total monthly bill. This added charge was a ccxnplete surprise to your Lake Minnetonka Cable Commission, and was also masQueraded as a five per cent (5%) "franchise tax' charged by the Cable Commission. It is important that you receive some accurate information regarding this "hidden" increase on your cable service monthly bill: * The Cable Commission has received a five per cent (5%) FRANCHISE FEE, from the cable company holding the franchise, since the original ordinance was passed and the agreement signed by the cable company in 1984. THIS IS NOT A NEW CHARGE TO THE COMPANY! The five per cent (5%) franchise fee is NOT a tauc. It is compensation paid to the Cable Commission by the company, to assist the Cable Commission in recovering the costs associated with the franchise process, and all on going expenses involved in regulating the company for the fifteen year torm of the agreement. The Cable Commission's financial budget is reviewed annually by the city councils. * In the Cable Act of 1984, the federal government removed from the Cable Commission, regulatory authority over all rate increases. Their goal was to allow the marketplace to detejrmine the levels of monthly service cnarges. It is important to realize that the Cable Commission has NO CONTROL over changes in your monthly cable service charge. r The Cable Commission had NOT been informed, by Triax Cablevision, that any increase in the monthly bill v/ould take place on January 1, 1992. We found out, at precisely Lhe same time as cable subscribers. Even though the Cable Commission has no regulatory authority over rates, as Chair of the Cable Commission I deplore the method used by Triax Cablevision in their attempt to deceive cable subscribers with a "hidden" increase in their monthly bill and have instructed our legal counsel to investigate all options available to the Cable Commission regarding this issue. Barbara Brancel, Chair Lake Minnetonka Cable Commission C1BOTVT04O 1291 FRIAK CABLEVISIQN 1 800-3320245 P.O. Box 110 WASECA, MINNESOTA S6093 SUBSCRIBER PRIVACY NOTICE This notice is being provided in accordance with the Cable Communications Policy Act of 1984, a Federal law which requires all cable operators to notify subscribers of the collection, use, and disclosure of personally identifiable information regarding cable subscribers. 1. TRIAX Cablevision collects certain personnally identifiable information from each cable subscriber. This information consists of data such as the subscriber's name, address, and selection of cable services and programming The information is collected and used only for billing and other legitimate practices related to rendering cable and other services provided by TRIAX Cablevision and to detecting the unauthorized reception of cable communications. TRIAX Cablevision does not utilize its cable system to gather any other types of personally identifiable information without the prior consent of the subscriber. 2. Personally identifiable subscriber information collected bv TRIAX Cablevision will be disclosed only under the following circumstances; (a) to cable system employees, agents and program suppliers when necessary to render cable or other services provided by TRIAX Cablevision to the subscriber; (b) to debt collection agencies for the purpose of collecting money owed by a subscriber. (c) pursuant to a court order authorizing such disclosure: or (d) unless a subscriber has requested that such information not be disclosed, the subscriber's name and address may be disclosed for mailing list and similar purposes. TRIAX Cablevision will obtain consent before disclosing any other information 3. Generally, personally identifiable information will be maintained by TRIAX Cablevision for a period of five (5) years. After such time, if the purpose for which such information was collected has bwn accomplished, TRIAX Cablevision will destroy the information. 4. As a subscriber, you may inspect any personally identifiable information collected by TRIAX Cablevision and relating to you during normal business hours. Please notify us in advance of your visit so that the information concerning you can be collected and made available for your inspection. You have the right to correct any error in such information. 5. The Cable Communications Policy Act of 1984 sets forth limitations on the personally identifiable information which can be collected and disclosed by cable operators such as TRIAX Cablevision. Unless written or electronic consent is obtained from the cable subscr ber, TRIAX Cablevision cannot use its cable system to collect personally identiPiable information other than information necessary to render its cable or other services, or information necessary to detect unauthorized reception of cable communications. Similarly, unless written or electronic consent is obtained, TRIAX Cablevision cannot disclose any personally identifiable information except when necessary in connection with rendering a cable or other service; when required under a court order; or when disclosing lists maintaining the names and addresses of subscribers who have not objected to such disclosure. With respect to court orders seeking disclosure of personally identifiable information, TRIAX Cablevision is required to notify the affected subscriber prior to releasing the requested information. In those cases where governmental entities attempt to obtain a court order requiring disclosure, the affected subscriber will receive notice of the court proceeding and will be afforded an opportunity to contest the government entity's request in court. With respect to the disclosure of lists containing the names and addresses of subscribers you may exercise your right to prohibit the release of your name and address on these lists by notifying TRIAX Cablevision in writing of your desire to not have such information disclos^. 6. As a subscriber, you have the right to bring a civil action in a United States district court if your privacy rights are violated. The law provides for specific penalties against any cable operator found to have violated these rights. JNFORMATION ON OVER-THE-AIR RECEPTION OF LOCAL TV STATIONS TViax Cablevision has selected a wide variety of the most popular local broadcast TV stations as part of its channel line-up. Nevertheless, under new Federal Communications Commission (FCC) rulings, we are not required to carry all the local stations generally available over-the-air in this area. Cable subscribers who wish to have an option of receiving TV stations not carried by our cable system will need to use an Input Selection Switch (better known as an A/B Switch) in conjunction with an antenna. The A/B switch is a device which connects to both the cable service and an antenna to provide the viewer with independent reception of stations via cable or via the antenna. If you are interested, A/B switches are available from a variety of suppliers or may be purchased from the cable compamy. There may be a variety of switch options available, including simple manual broadcast/cable switches, multiple input source switches, electronic switches, and remote control switches. The FCC has adopted the following technical standards: 80db isolation for frequency ranges of 54-216 MHz and 60db isolation for frequency ranges of 216-550 MHz. Switches utilizing external power must be capable of maintaining isolation in the event the device is not connected to a power source or power is interrupted. In addition, some televisions offer built-in switching devices, eliminating the need for an external A/B switch. When installing an A/B switch, to eliminate any possible interference or leakage of the cable signal, please use shielded coaxial cable between the television receiver and the switch terminal. At least four feet of shielded coaxial cable should be used for connecting switch terminals to any unshielded antenna leads. We are required by federal legislation to test for leakage of the cable signal, and if detected, disconnect cable service until the problem is corrected. Please remember, an A/B switch only provides access to local TV channels if it is connected to a usable antenna. Connection of any switches to an ungrounded antenna poses a fire hazard. We suggest you have your antenna inspected. Information on purchasing an A/B switch from our cable company is included on the order form below. Our switches come with instruction for self-installation or we will install the switch for vou for only $25.00 per outlet. THERE IS, OF COURSE, ABSOLUTELY NO REQUIREMENT YOU PURCHASE AN A/B SWITCH. If you have any questions regarding A/B switches, please contact TYiax Cablevision during regular business hours at 1-800-332-0245. A/B SWITCH ORDER FORM I would like to purchase A/B switch(es) from TViax Cablevision. I understand each switch is available at a cost of $ 10.00 plus any shipping and handling charges. Yes, I am interested in having TViax Cablevision install the A/B switches in my home. I understand there will be a $25.00 per outlet charge for installation. Total Payment:__________________ Method of Payment (check one):___bill my account ------check enclosed Name: Address: City: _Zip; Daytime Phone Number (to arrange installation): Signature Fill out and enclose this form with your monthly service payment or mail to: TViax Cablevision. P.O. Box 110, Waseca. MN 56093. ■ ■■.c minuie cn less. instructional: Programming that provides step by step instructions to help the viewer understand a concepKs) or perform a task(s). Programming by Youth: Programs produced by youth under ,ige 18 Programming by Seniors: Programs produced b> senior citi2ens Religious: Programming about religious traditions or coverage of a religious event or practice. Community Television Spirit: A program which exemplifies the fun and excitement of community television production. # y Entry Deadline January 31,1992 Entry/Producer Classification Options: C) Professional ^dve^ti$ing: A commercial of one minute or less , produced exclusively by cable company staff. Entry/Producer Classification Options: A) All Volunteer B) Volunteer/Professional C) Professional Minnesota Story: A program which focuses on a person, place, event or issue specific to the service area of your access center. A story that would not be brought out by other media. Documentary/Profile: An in-depth look at a person, place, event or issue by a local producer. Magazine Series: Four or more programs in a series format which combine the elements of documentary and talk to focus on several topics in the traditional segmented magazine format. (SEE SPECIAL SERIES ENTRY INSTRUCTIONS RULE #4) News Series: Four or more programs in a series format which feature the timely reporting and/or analysis of local issues and events in a news format. (SEE SPECIAL SERIES ENTRY INSTRUCTIONS RULE *4) Educational: Programming produced by a local educational institution or for an educational access channel. Promo: A message promoting a program, channel or cable company image in one minute or less. Covernmcnt/Municipal: Programming produced by a local government agency or for a governmental access channel. Categories Entry/Producer Classification Options: A) All Volunteer B) Volunteer/Professional Talk Show Series: Four or more programs in a senes lormat. each dommaled by in-studio interview and discussion with no more than 10'..> field video (SEE SPECIAL SERIES ENTRY INSTRUCTIONS RULE «4i Advocacy/Promotion: A program alerting viewers lo an issue, belief or cause from an advocacy position. Cultural Diversity: A program which promotes understanding of a different life-style from a socio-economic, ethnic, physical, age or othei distinguishing viewpoint. Performing Arts: Coverage of an artistic event featuring local performers Video Arts/Music Video: An original artistic penormance created and staged specifically for this community television production. A creative production using copyright cleared (composer-performer-publishe' licensmg agency cleared) music as its principle soundtrack. Comedy/Variety: Programming designed to entertain. Sports Event: Coverage of a local athletic event. P.SA.: A message promoting a non-commercial organization, issue or event 1992 Minnesota Community Television Awards "The Minnesota Community Television Awards recognizes the valuable public service performed by those who produce excellent local cable television programs: Programs which inform and entertain cable television viewers." I — I r \t: * * !.*■ r ] J TKCHSOLOGY The Highway to the Future Thanks to fiber optics, the United States has broken ground for a comj)uter expressway JH ith a modem, a teleph< r.e and a hit of a Liii wind, the text of this stop, t rave Uni frnrnti.d veston, Texas, to N»* v Y<»rk City in just over two rnmuti^*. It’s an amazini; feat made pros;iic onl v t)\ its ret^larity But it’s al.so vesterd.iy .s technology The future apparently will hi* measured in —1 billion hits of data, roughly a 2t>volume encyclop«*dia which can move acrt)ss the land in hare I v a second. With that speed and acc(>npariy- ing power, scientists and schcKils. hnme^ and hospitals could ail conm*cteo ;n one massive computer network Then K. erynia'’, and his sister, the phv'.ioist. wi i be able to dip into an>Thing from the* stacks of Harvard Yard to the vidfHj ar chives of the Home Shopping .Network AH of that wall b** possible when the I Tilt ed States builds what ha.s come Ih» known i\s a data highway, a Idvr-^iptic spinal cord its proponents prom;s«* will do for the nation s economy and lifeslvie what the interstate highw.ay system did for America in the 1950s Just before Christmas. Washington t.M»K the first step toward building this highway when Congress pcLssed and President Bu.-'h signed the $3 billion High-Performance Computing Act The money will h*’ used ti' develop and install computer hardware that will help propel data among the na tion’s more than a dozim leading resear«;h centers. For the most part the highway w ill run along fiber-optic cable already laid by the centers, teiephone companies and gov ernment agencies The pure-gl:is.s fila ments in the cable can carry much more data tin the form of light pulses* at higher speed, than conventional wire I'he con nected centers will form the first pieces of the National Research and Exiucation Net work iNREN^ According to S#*n .\lCjor»*of Tennessee, the principal .^|xmsor of the dati-highwav idea, the .N’RKN ’’wiil revolu tionize almost every facet of business ami commerce and communication in the ^ 'nit I'd States " .Nut mcidentiily, he MUis. Tt 56 N y w s w r > K : \\ h > . : • •: A •; .? . w i** *-.ii ‘r C * * M • *'■ *•.- and *f'»- r.vre —«• wr \:*‘ ’p.ng n»*t-A-•TK*'o* •.ne;^ i\Kr. r •'»'-! W.*,-'C irten. g Mf'c Ib^- h A n :a'. -n. igr»*»— A • *hat .nfrastruv tur“ r J'.'-t * *rv re going ’n a •. ’..l^s Tb»* »o‘w n»*fw. T K > »*\ - ippi.int tfe’ w*‘h sr. w is th»‘ New Worlds Moving at the Speed of Light M a.'^t amounts oi d.it.i wi.i ‘Iv W .ilong \ •ii’’wi r\ f fiN*r-‘H’.c cable, rr, m - g ;»<)S'i e major rnang'*- * •a:i\ tnu n.iiiun cn:Ma.*.N n5 , AT HOME: *' r I'^Customers'cAif focus their frtformatlon needs — ‘ tT'^ciiStoffl'-brderlrtO hews, tT^liAhfvlchs, even television programmlng-Heltha Ifitrrr.ft That'iv ‘item grew 'fcom.pul- «*r unking exper.rr.ent.s of the It n«'>w cunnect.s thou.<ami.‘< uf cempu'er networks .«ipread 'ver >5 countru'<i: mor«* th.in 2 mil lion users go on I me each day Thevu.seiito • piLSs me^^agt^. to br<^wse through bulletin | i>>ards that report the latest news in their fields and even to run experiments on com puters that be xrean.s aw.iv SoftirarB robots: What will *he new net- worK. olfer that the old cannut' In .i word, Ttxiay ’s Internet dot^^ ,i g'vxi job of p;\ssing text around, hut such daui-heavy item.s a.s whole b<;x:)ks and fuil-molion vidfK) take prohiDitiveiy long to tran.smit NREN tratfic will /axmi along at a hundred times tcKjav ’scommon Internet spew'd With a big ger. faster pipxdine. .>tudents could search through tile I.ibrarv of (Aing'r»‘vs. f.irmers cou: i re:ul di'ta.leii ge^^gr-irtucai maps from satei!;tr* ntionw h-r r p data .-\nd •S-AVsr*» msmm mm ultimately, as the computer network is made available at home, couch potatoes could become their own propr^immers. ordering up, say. ever>- love scene from every movie made in 1975, or the l^t five minutes of every Super Bowl since Ciame 1 This IS all expected to be good for busi ness, too. although the details are a bit sketchy. Companies like Corning Glass Works, a world leader m optical fiber, could certainly grow, as would some com puter and switch manufacturers. And there would be a bon{»n2ja for firms that could design '*knowbots ’*—software ro bots —that would search through massive homes to fiber optics through trunk lines that will bring some of the benefits but not all the power or speed; schools, hospitals and businesses would be more likely candi dates for direct fiber-optic feeds trx). would need to be upgraded: most home equipment is not geared to download the Libra r%'ofCongresscatalog; the average PC hard d :sk is better suited to L.L Bean Business, too. could find hazards in the networks The services could cutnew databanks for useful information The oth er opportunities simply can't be foreseen, but the proponents are wacerinc that if the world ’s (greatest research teams are put together they will find somethtnn worth developing. Mitchell Kapor. who founded LotusDevelopmentCorp, publishersofthe Lotus 1-2-3 spreadsheet program, says the situation "is like the PC industry in about 1977, before the Apple II *' The PC: industry is now a $30 billion business Though the NREN has received broad support, it has some built-in problems JIDUMTOII . >cali^otecaaI mtaaivaisiti laga, phatow* hart-^llim attar af>aaein i® Without proper planning, net ^rk expan sion could widen the g^p between rich and poor The vast educational resources might only go to the data-haves —such as comput er owners—leaving the poor behind, bit by gigabit. To make it more than just a tool for scientists, NREN should aim at schools, hospitals and businesses from the start. Ken Kay of the Computer Systems Policy Project, an industr,* group made up of high-tech companies such as Apple and Cray. Drift cartfullr. Bringing the highway home won’t be easy either. While the Japanese hope to be fully fiber optic by 2015, few are proposing a glass line to every house in the United Slates—cost estimates start at S100 billion Instead, planners expec: to connect Ughting tht way: Fiber-optic strands TOM TRAC”Tf -.‘?TOCK SHOP across industries that have remaine-1 dis tinct so far—telephone companies, pub lishers. cable-television firms—and each industry is fighting to protect its turf. The companies already tiyfing to provide net work services to the business community are also quarreling In a case that presages some of the strife to come, a company sup ported by the International Business M ^ chines Corp. and MCI has lieen accused ‘ trying to hog commercial marketing of the Internet. Advanced Networks and Services • ANS) of Elmsford. N.Y., maintains a por tion of the Internet for the National Sci ence Foundation William Schrader of the competing Performance Sv^stems Interna tional m Reston, Va.. charges ANS with using its government connec- ... K tions and subsidy to cut rates and promote itself as the sole official provider. ANS presi dent Allan Weis calls the ac- RESEARCHl cusalions ’’vicious non- From their own labs, sense ’’Computerscientist scientists will be able 4^ David Farber of the Uni te make far-flung ?», versity of Pennsylvania supercomputers col- ^}i argues that with real competi- laborate on complei; -3 t'on things might turn out as they have in the personal- computer industry: ’’Because it was an open playing field, the small players could get in— and they ate IBM’s toes, trunk and several other things.” The data highway is essen tially an act of faith: if we build it, they wall come. Acceptance and use can take time, though; indeed, for many own ers. a PC remains little more than a very smooth typewriter. Such attitudes can be frustrating Doug Englebart, a pioneer in computer communications, was proposing many of the serN’ices promised for NREN back when he helped design the first net works in the late 1960s. The stuff we built and took into the world had a hard time flourishing," he says, "because nobody could describe it to anyone else." We’ve just about left that period now. moving irrevo cably into the Information Age where we’ll learn to negotiate the data highway or sit on the sidelines watching someone else fly by Besides, this is America and we love the open ro,sd So start your engines: we’re headed down the long glass highway, but where we're bound, no one knows. John Schwartz experiments. lu.l STRATION t H nil MF’- »' ^ - .•.kwswfkk jantahv n. I"*:' 57 I Pay-p«r*vi«w aarkatlni. .p.lBaCai Subf v*lu« Discovery.p.3 High basic • low pay pen.7.p.4 Dec. cable & pay TV census.p.4 Top-50 NSO Marketing stats.p.6 Systaa Marketing contacts..p.7 Senior Analyst: Larry Gerbrandt Assoc. Analyst: Bill Harchettl Research Assoc.i Karen Weill December 16, 1991 WMIL KMAN AMOClATIt, INC. 126 CLOCK TOWER PLACE CARIMIEL. CAUFORNIA 93923^734 (406) 624-1S36 e r • Greater investment in pay-per-view marketing continues to pay off in higher PPV revenue and buy rates, suggests a PKA analysis of data from 37 cable systems responding to our 1991 PAY-PER-VIEW CENSUS. To try to quantify the impact of PPV marketing expenditures on PPV buy rates and revenue, we examined data from systems serving 1.3 mil. addres sable subscribers. (Key benchmarks appear below; full results are on P. 2.) Respondents supplied average ticket prices and buy rates from August 1991 for PPV films and from January through August for events. They also in dicated PPV marketing costs as a percentage of PPV revenue. The suinnary table below compares the sample group's top-five and bottom-five performers as measured by PPV revenue/addressable sub--and reveals significant differences in the level of PPV marketing spending. e The top-five systems spent 1.6x more on PPV marketing as a per centage of PPV revenue than the bottom five (7.6Z versus 4.7X). e More telling, the top five spent 8.5x more on PPV promotion per addressable sub/mo. than the bottom five (176 versus 26). • In return, the top five generated 6.lx higher PPV revenue/ . addressable sub/mo. and 11.Ox higher PPV movie buy rates. Avg. PPV Hktg. Costs Avg. PPV Hktg. Costs/ Avg. Net PPV Revenue/ Avg. Movie Buy Rate Sample group t Net PPV Rev.Addr. Sub/Mo .Addr. Sub/Mo.Auoust 1991 Top-five systems 7.6Z,% .17 $2.26 75.8Z All 37 systems 4.9 .06 1.08 28.5 Bottom-five systems 4.7 .02 .37 6.9 (0 1991 Paul Kagan Associates, Inc. estimates. Broad conclusions cannot be dra%fn from the numbers because so many factors beyond marketing spending affect PPV buy rates--from ease of ordering to number of channels, type of product, pricing, PPV penetration and discre tionary income among addressable subs. (continued on next page) FXX The Best View of the Business World DAYTIME • East Coast 201-585-6427 • West Coast 818-840-3487 • Midwest 313-643-9033 k MARKETING NEW MEDIA/Dec. 16, 1991/P. 2 of 8 % PROBING PPV PROMOTIONAL SPENDING (continued from P. 1) What,'s more, higher promotional spending doesn *t necessarily equate to better marketing. Cable operators have generated substantialbuy rates via cost-effective campaigns based largelyon cross-channel promotions. The initial findings, however, mirror those from last year's study of 1990 datafrom 60 systems (MARKETING NEW MEDIA, 1/21/91). We intend to revisit 1991 figures in greater detail as more systems furnish information. 1991 PAY-PER-VIEW MARKETING ANALYSIS (Ranked by Net PPV Revenue/Addressable Sub/Month) PPV ttktg. PPV Mktg.Net PPV Average Average Coata aa Coats/Revenue/ Addramaabla Movie Event X of Net Addreaaable Addreaaable S^Mtem Location Movie Suba Buu Bata* Buy Ratal PPV Bav.Sub/Mo.Sub/Mo.P Cherry Hill» NJ 108,000 98. OX 3.ox 10.ox $0.29 $2.94 ChicopMp HA 1,590 49.4 5.2 8.0 0.20 2.54 Point '‘leaaant. NJ 5,010 70.3 1.9 2.0 1 0.04 2.12 Sioux lA 5,700 103.9 3.8 10.0 0.19 1.87 North b • NJ 40,773 57.3 1.9 8.0 0.15 1.85 East 0r&~.«.<, NJ 99,000 20.9 2.2 2.0 0.03 1.47 Vlealla, CA 13,800 18.1 2.2 5.0 0.07 1.42 Vastflaid/Holyoke,HA 21,412 87.0 25.2 2.0 0.03 1.36 Sallarsvilla. PA 5,338 17.0 6.2 4.0 0.05 1.27 Palrfaa County, VA 180,401 30.6 1.1 7.0 0.09 ■1.23 n a an Hodosto, CA 22,952 30.7 1.4 9.0 0.11 1.18 Vaatarly, RI 10,250 19.6 4.6 1.0 0.01 1.16 WiIbrahae/Haapdan•HA 13,579 45.8 0.6 5.0 0.06 1.16 San Olefo, CA 142.990 9.6 1.6 8.0 0.09 1.12 York. PA 26,700 22.9 1.6 7.0 0.08 1.11 St. Robert, HO 3,464 24.7 2.0 1.0 0.01 1.09 Hanford, CA 6,472 13.6 0.3 2.0 0.02 1.08 Fargo, ND 9,750 30.8 1.4 5.0 0.05 1.00 Meriden,. CT 8,919 4.2 1.3 8.0 0.08 0.99 Philadelphia, PA 68,039 28.9 1.4 2.0 0.02 0.98 Carteraville, GA 9,417 29.7 1.2 2.0 0.02 0.95 Providence, RI 31,549 12.6 1.7 2.0 0.02 0.95 Laa Veiaa, MV 138,000 17.0 1.6 2.0 0.02 0.88 an ab Merced, CA 15,600 21.8 1.4 14.0 0.12 0.83 Rock Sprints, WY 2,550 56.6 2.8 2.0 0.02 0.79 an Lincoln Pke/Woodhvn.» HI ZIpSAS 29.5 1.1 6.0 0.05 an an 0 • 78 Nosxe AZ 5,498 12.3 1.5 2.0 0.02 0.75 Hadiion City» AL 10,428 17.2 1.3 1.0 0.01 0.68 Osxining/Hudsont N^r 24,500 8.2 3.4 3.0 0.02 0.68 Portnouthp NH 7,582 8.3 1.1 6.0 0.04 0.66 Doorbom HoightXp 1 tl 39,500 14.0 0.8 7.0 0.04 0.60 an an Pugot Soundg VA 62.000 6.6 1.8 1.0 0.01 0.59 an IP an Cxtsklll* NY 10,500 3.8 1.9 10.0 0.05 0.50 Atlanta. GA 135,819 15.5 1.3 7.5 0.03 0.36 an m a Lawranca. HA 10,300 6.0 0.7 4.0 0.01 0.34 Exatar. NR 8.771 2.4 0.9 1.0 0.00 0.06 Totai/Av^raga 1,300,156 28.5Z 2.6Z 4.9X $0.06 $1.08 .n n n fli Naightad Av^rmgm 27.6Z $0 • 06 $1.15 ^ Auguat 1992 buym . 1 January-AugutC 1991buym. $ Ammummm cmhlm opmrmtor reeeivas SOt of paypmf¥i0hi ra%*anua for moviaa.45% for eventa. •C 2991 Paul Kagan Aaaoeiataa,Inc. eatimatea» ^ It_1^^ • --a___ rwKsisjai rv liml — Hom ShopMMiCihtoTVTki li«Cter.C«l----a >!■ TV TbeKwatof)L C«U»Ur Invar Of, L ma flaorla BaainoM ,aiMiav ncMDian, aaiam , hkakm Pktafalnwatff, 1 watm aamww i dflNria 9«ala, MaHkn■i, Nrvt^par Inv—tor, Tho lUtf KSfSA PfltflIS iMfldL NPftiA li PWyTVU»^Ut,Th» Pl^TVMnwMUc ATVr^««.tVPtagram lavaator, i ▼’ Pra^ram 8UU and Vidaofrnaalor. . m >1 l^ffi (*4 l~>i^RKU^\ >-kr«niiK*] [fiatij iiiicnra y‘ ” . MARKETING NEW MEDIA/Dec. 16, 1991/P. 4 of 8 HIGHLY PENETRATED SYSTEMSt THE BASIC/PAY TRADEOFF It's the rare cable system that hits home runs on both the basic and pay fronts. Most big-city operations achieve high pay but below-average basic penetration (MARKETING NEW MEDIA, 11/18/91). And the reverse appears to be true for many classic rural systems. The analysis on P. 5 tracks the performance of 48 randomly selected systems with 83Z to 87Z basic penetration of homes passed (HP) at 12/31/88. Two years later, the group's weighted-average basic/HP ratio sliv.>Q<I to 84Z from 85Z, whereas the pay/basic reading held steady at 52Z. Several factors may be responsible for these ratios, which are roughly flip-flopped from U.S. averages (60,IZ basic/HP, 80.2Z pay/basic at Dec. 31, 1990: e The systems in our sample serve communities that read like a Who's Who of rural America, Living outside of major TV markets, residents often can't got clear reception of even broadcast network affiliates without cable. Consequently, a chunk of the sub base includes lighter-viewing and broadcast TV-oriented households that would probably resist cable in an urban area with more over-the-air program choices. They may take basic cable in a rural region, but they're less likely to pay extra for a premium channel. e High basic/HP ratios always depress pay/basic readings. The ^.ample systesis' 43.6Z weighted-average pay penetration of hemes passed, however, fell only slightly below the 48.2Z national average at year-end 1990. e Several of the highly-penetrated systems are classic rural opera tions lacking the channel space to offer all of the major premium services (35 of the 48 systems served fewer than 10,000 subs at Dec. 31, 1990). Another factor at work is the tendency to take basic-only service as monthly basic rates increase. In highly-penetrated systems, the basic/HP ratio also appears to be sensitive to above-average basic rate increases. Of ,the 48 sample systems, 28 (58Z) saw a decline in basic penetration between year-end 1988 and year-end 1990. But among 18 systems that raised basic rates faster than the sample group's weighted-average of 23.6Z during the same timeframe, a much larger percentage (78Z) saw basic penetration fall. Moreover, among 10 systems lifting basic rates by less than lOZ over the two-year period, only two (20Z) suffered a drop in basic penetration. CABLE ' ’AY TV CENSUS--DECEMBER 13/31 •1990-91 Chsnga- U.S. TV housahoida (TVHH) Homs passed by cable Basic cable subs Pay cable units Local cable ad hoMS Expanded basics Video shopping hoMS Backyard dishes Backyerd pay TV subs SMATV subs Wireless cable subs (HMDS Homs passed Z of TVHH Shopping hoMS % TVHH Cable subs X of TVHH Backyard dishes Z of TVHH Cable subs Z of hoMS pas: Pay units Z of cable subs ‘Projected 1990 1991*199?*Unit Percent (mils)91.100 92.100 93.060 1.000 I.IZ (mil.)86.000 87.900 89.400 1.900 2.2 (mil.)51.740 54.060 56.150 2.320 4.5 (mil.)41.510 42.300 43.500 0.793 1.9 (mil.)44.000 48.000 52.000 4.000 9.1 (mil.)12.200 13.000 14.000 0.8C0 6.6 (mil.)65.000 67.000 69.000 2.000 3.1 (mil.)3.030 3.469 3.750 0.439 14.5 (mil.)0.700 0.750 0.825 0.050 7.1 (mil.)0.825 0.885 0.945 0.060 7.3 (mil.)0.148 0.203 0.282 0.055 37.2 94Z 95Z 96Z 71Z 73Z 74Z 57Z 59Z 60Z 3Z 4Z 4Z Id 60Z 62Z 63Z 80Z 70Z 77Z 1 Paul Kagan Associates, Inc.,estimates. 1 marketing NEN rtELfJiA/oec . ao .±:^VA/r'. j oi a 1 i high-PENETRATION SYSTEMS ANALYSIS (Ranked by basic penetration of homes passed at 12/31/88) Systen Location - -12/31/88. . . . Sasic Pay/ Bmaic/ Saba Basic HP Wabash, IN Walnut Creek, CA Jereaiah. KY Topteost, KY Will lasts burg, VA Kennett, HO Ithaca, NY Huaboldt, TN Aberdeen, SD Wilbrahaa, MA Oneonta, AL Lg.Beach Island, NJ Esthervllle, lA Connellsvllle, PA Wayne, WV Sault St. Harle, MI Auburn, NY Blsbee, AZ Sweetwater, TN Wllllasaport, PA Brunswick, HE Rice Lake, WI The Woodlands, TX kochester, NH Ladysalth, WI Cookeville, TN Bucyrua, OH Newcoaerstown, OH Cleveland, MS Chathasi/Pawnee, IL New Rlchaond, HI Ironwood, HI Uxbridge, NA The Dalles, OR Decatur, AL Peters Twp«, PA Conway, AR Blalrsvllle, PA Winslow, AZ Punxsutawney, PA Marquette, HI Beverly. WV Upper St. Clair, PA Ruahville, IL Wapakoneta, OH Buena Vista, VA* Biloxi, MS Nogales, AZ 4,394 20,464 1,802 1.0S4 2,575 4,993 24,971 3,200 9,203 14,007 1,622 15,628 2,920 18,110 2,893 4,839 13,323 3,005 3.047 24.541 7,537 4,044 8,430 11,107 3,583 11,253 5,132 2.092 6,253 2,985 1,230 6,860 4,900 5,951 14,838 5.401 8,157 15,603 2,564 4,521 17,205 6.401 5,374 1,086 3,652 2,500 27,353 5.737 - -12/31/89. . . . Basic Pay/ Basic/ Saba Basic HP 4,544 20,939 1,862 1.059 2,701 5,050 25,800 3,200 9,120 14.599 1,732 15.829 3.044 18,788 3,200 5,175 13,750 2,967 2,891 24,602 8.336 4.129 9,595 12,388 3.770 11,045 5,325 2,286 6.382 3,186 1.382 7,711 5,56j 5,788 15.879 5,767 8.687 15,950 2,569 4.615 17.336 5,907 5,665 1,092 3,763 2,660 27,81* 5.780 12/88-12/90 - - -12/31/90--“-‘ k Inc. Chy. Sasic Pay/ Basie/ Basic Baa/ Subs Basic HP Rate HP Total/Ntd. Avg. t Increase 378,340 51.8X 85.3X 5,157 40. IX 78.6X 20.5X - 8.5 21,405 50.3 89.1 11.1 ♦ 2.1 2.041 13.7 88.7 13.3 + 1.7 1.173 7.2 90.2 13.3 + 3.2 2,820 54.4 90.4 25.4 *■ 3.5 5,550 49.6 94.4 31.5 ♦ 7.7 28,340 68.0 94.4 101.1 ♦ 7.8 3,400 32.4 88.3 0.0 ♦ 1.8 9,199 33.5 80.6 33.3 - 5.9 14,965 87.6 85.5 24.6 - 1.0 1,750 37.5 70.9 59.4 -15.6 15,745 20.0 84.6 10.7 - 1.8 3,034 26.1 87.1 4.0 •f 0.9 19,269 39.2 84.8 24.5 - 1.4 3,127 38.3 82.5 26.3 - 3.6 5,917 52.4 88.5 15.3 * 2.4 13,850 39.4 88.2 16.0 ♦ 2.2 2,973 37.6 78.2 30.8 - 7.7 3,114 25.9 83.0 8.4 - 2.8 26.041'34.0 88.3 3.6 ♦ 2.5 8,841 61.8 80.7 19.1 - 5.1 3,364 35.3 90.0 2.3 •1- 4.4 9,600 81.7 85.9 7.5 + 0.4 13,435 69.6 80.1 10.0 - 5.4 1,529 31.5 96.5 8.9 411.2 11.940 37.9 82.4 23.2 - 2.9 5,252 31.9 77.0 27.0 - 8.3 2,211 39.1 79.8 3.6 - 5.4 6,660 62.2 84.4 n/a - 0.7 3,293 99.7 85.8 15.4 ♦ 1.0 1,390 46.0 82.8 14.1 - 2.0 7,863 35.9 89.0 79.5 4 4.4 5.743 100.9 83.1 152.1 - 1.4 5,766 45.2 78.6 11.8 - 5.9 16,436 82.1 85.6 9.1 4 1.1 6,194 68.4 81.5 23.2 - 3.0 9,651 39.9 96.8 4.8 412.4 16,350 41.4 76.7 30.9 - 7.3 2,593 35.5 80.7 18.8 - 3.2 4,758 34.7 77.3 21.9 - 6.4 17.594 61.2 81.1 23.2 - 0.6 6,588 36.8 60.6 60.2 -23.1 5,693 80.3 77.7 46.3 - 5.9 1,132 56.7 83.9 15.4 4 0.4 3,930 38.2 84.2 20.1 4 0.7 5.414 48.2 81.0 42.7 - 2.3 28.490 58.9 82.6 35.9 - 0.5 5.379 51.3 72.0 14.4 -10.9 405.959 51.8X: 84.IX 23.6X; • 1.2 3.4X 3.8X notes t n/a - not avalJable. • Fonesrly LesLngton. VA. System espended in 1990 to Include both coawunities. C 1991 Paul Kagan Associates, Inc. estinates. C^nrCX^ii.cASLji 339 THIRD STREET EXCELSIOR. MINNESOTA S533I (612) 474 S36A establishment within our communities will be able to help us with We are attempting to create an awareness within our service area of our need for additional firefighters in hopes that there will be a communicative and supportive network f(3rn.e(3 shortage of manpower we’re experiencing. Our would like to see you, the local merchants f i^5 jr educate your employees (both male and female) with this n • you do have an employee who does show interest, appreciative if you would allow this person to depart from their workplace to answer emergency calls during the daytime hours. Our Fire Department answers calls 24 hours a day, however, our daytime call response from firefighters lias been on the low side. It is an occurance that most volunteer fire departments feel as a good number of members work primarily outside the c^^ty and mostly during daytime business hours, thus creating a smaller number of available responding firefighters. 4.u 11 There is an application process that takes place with all applicant firefighters along with certain eligibility requirements that need to be met. All of these specifics and training require ments are discussed following application. For all applicants, here are some brief me.mbership requirements to keep in mind; 1) Need to be 10 years or older with proof of high school diploma 2) Available for daytime alarms and is within 2 road miles of E.F.D. for 8 hours/day between the hours of 6am-6pm, S days/week.or 3) Resides within 3 road miles of the E.F.D. or 4) Is a resident of the service area of the E.F.D. Once again, this is one method we could reach you to explain our need. .We hope that you will share this with all of your employees...It'8 for the good of the communities that we live in. If you or your employees have any questions regarding The Excelsior Fire Department please call 474-5364 and leave a message and someone will return your call. Thank you for your time and attention to this important yet little known matter. ^ Sincerely, Assistant Fire Chief, Chairperson E.F.D. Recruitment Committee tCMVfNO THC SOUTH tAKC ARCA SINCC ISSi O^CRHAVtN • tYCCUtlOR • CRCtNWOOO • iMORCV^OOD • TONKA tAV own TV program « The Excelsior CommunJt/ TV Studio will offer tn orientation fur tho?e resi dents In the area Interested In producing their own programs for cablecast on Tn- ax Cablevision Channel 21. This session will be held Thursday. Jan. 16 at 7 p m. at / • the studio, located in room 102 of the , I Ejfcelsior Community Center. Non-commercial programs cr »ated by residents can be about local news, music, school events, entertainment, sports, art, culture,*or a variety of other topics. The studio offers specialized training work shops in portable, editing and studio pro- 1 '^^duetion at no cost Since the opening of ^Channel2I4ast MircIvllO new programs have been cablecast '^ "‘^ ***' *TV) register or for more information on » what community TV has to offer, call •• 474-5539.--- ------------ . * LUeekly AJeu^S / f ,nii|V* »l.;| • . r wiUi^ mtny. suyini [ for- ihe^'vpcptrunoni -for donning the f iDci^lzing after ee^h game, . Of®"® **®**“y {play«ra wei»|»lie4 toiwo4an«. i9h«erIefdera.>who helpea withi ' i 4 lbe- 1960a va, UM<197Os,kaiid^lhettvciiQ<0feaent Oixmo hocteyi. * lha i98^>ia. Il»a990a.'i''tl ----------tAtlraa/4. aaalaA el/Wi«taa ^||OjfQpQ« ■ _ _ _ lo^cofitrihiitc biPlii0:!anikMO<|al^ iSeliqlaratiip k' iattal6bairand%iOi«fyppoiUMeA :i;. Jim- aiid^^ SttlHvanipf| < i cumiat Irackey prograini'^aHl^^Biru ,Phoid<*^vldeotaped.< the < i . otgaa^ of die gamea ialA«*-r>-^f gamer Ip-conncciloif with > the* •a I • I fame .will be aireo .in ino ; )A-;cliaa[itor®nahlD^dfiljndii!t»76.^ --Watch the paper .or ^ 2| for the date, y, • \ I X Xu zoto STUDENT SPOTLIGHT Jeremy Borash vr*f- V.*- ■ K V' •• hiii f *=C:} •V Resld«nc«: Chanhassen Aga: 17 FainBy: Parents Ruth arxj Andy, brothers Ertc arvl Craig. Occupation: Senior at Minnetonka High School: talk show host ("On the Air With Je^‘ on local-access cable TV); part-time disk jockey.' Awards and acMevaments: Getting the role as the Tin Man in MHS’s "The Wizard of Or;" elected presi dent of 6&member MHS Concert Choin voted most- promising actor at MHS. My homo away from home la: The studio. Tha beat and worst parts of my )ob are: The best is when the cameras are roinng and also getting response from the public. The worst is ail the behind- the-scenes work. When I wes a ehM, I wanted to be: Famous. I admire: Anyone who works hanlfpr their dreams and won't let anything stand in their way. The accomplishment I'm moet proud of la: Getting Ray Bradbury, Vem Gagne ar¥l David Wheaton all on my show in the same month. I learned the moet about television from: Jim Schindler, the production coordinator at the Excelsior Channel 21 studios. I teamed tha most about life from: My older brothers. When I daydream, I often think about: The next tbievision taping. I'm sometimes embarraeaed by: People recognizing I'm Mtatsd by: People who don't take me serkxisly me in public. I haven't quite gotten a handle on that because I am )mng. yet. My wish is to: Be on NBC by the time Tm 25. ha-Tiihiai>taeii Changing Channels UA Cable learns a hard lesson after jiggling Denver lineup By Kathy Clayton ||NiTED Artists Cable of Coloilado V wanted to add three services to its Bneup, but it failed to anticipate the anger the move generated among customers when Denver's three network affiliates were moved over the Thanksgiving week end to accommodate the additions. In just two days, UA Cable — which counts some 170,000 Denver-area sub scribers — received about 12,000 calls from customers complaining about the switches. “We had a lot of people working over time and working very hard to handle the volume,” said Steve Dougherty, UA Ca ble’s general nuuiager. The intensity of the protest — the calls were double the system’s daily aver- sge — prompted an abrupt about-f^e by UA Cable and provided a valuable lesson in customer relations. For some time, UA Cable had duplicat ed three off^ir stations on three channels higher on the lineup. The action was tak en because ingress tends to occur on the VHF band on that system and interferes with signal quality. So when the system wanted to add the three basic cable networks, it removed KCNC (channel 4), KMGH (channel 7). and KUSA (channel 9' from, their VHF band positions, shifting the off-air signals to channels 34,37 and 39, respectively. In turn, E! Entertainment Television, Vision Interfaith Satellite Network and ' Comedy Central were added as fuU-dme services. Each had shared a chajinel slot with another network in the past, accord ing to Steve Dougherty. UA Cable s gen eral manage. The switch of the off-air stations wasn ’t noticeable for about 90 percent of the company ’s customers — or those with ad- “It was a strategic decision on my part and I messed up." Stevo Doughorty general manager UA Cable dressable converters. I -ougherty said. Addressable converters let UA Cable map the numbers so that on the convert er LED readouL the numbers stayed on the VHF band even though they were placed higher on the dial technically. But customers using cable-ready sets and those with non-addressable boxes weren't afforded the electronic mapping feature. Instead, they were forced to search for the sutions on die high-num bered channel slots, and they didn’t like iL ■^ere were some angry customers calling," Dougherty said. *1 didn't do any one any favors, but I just didn’t anticipate the reaction from them. "We had been getting feedback from that most of our customers were watch ing the stations on channels 44, 47 and 49. I thought the switch would be better since we were moving them down to 34, 37 and 39. Boy, was I wrong." UA Cable also sent bill stuffers to all its customers for two consecutive months to explain the switches. The large number of customers who appar ently didn’t understand or know about the changes "n.iy say something about the bill stuffers. But we felt it wa« an ef fective way to notify everyone," Dougherty said. Dougherty said once the system real ized the misuke’s magnitude. UA Cable corrected the problem right away: “We scrambled to get back some space." UA Cable did away with a pay-per-view barker channel and a leased-access chan nel and used its last remaining empty slot to again duplicate the off-air channels. So now. the channels are back on their respective VHF spots — 4. 7 and 9 — as well as on 34.37 and 39. "It was a strategic decision on my part and I messed up." Dougherty said, noting that the move didn’t do anything to help UA Cable ’s image in the communities it serves. "I certainly didn’t do ourselves any favors. But we have fixed the prob lem by doing the right thing I should never have removed those channels in the first place." Sikes: Relax Rules On Cross*0wnership By Matt Stump Pn>EtAL COMMUNICATIOKS COMMISSION ■ ebainnan Alfred Sikes said last week that he "favor* some relaxation of the broadcast network-cable cross-owner- a^ rules,” but added that it was "pre mature ” to Hi^i— sdiat safeguards the commission may put in place if the rules aredianged. Sikes also outlined some possible scenarios for telephone companies to get involved in cable programming as a result of the FCC’s notice of inquiry into its cabletelco rules. The commission is scheduled to open a rule-making procedure Dec. 12 on scaling back the broadcast-cable rules and it’s believed that there is sub stantial support within the commission for some relaxation. ABC and NBC re- cendy petitioned for a repeal of the rules in their comments on the FCC’s reveiw of television regulations. The networks dted their falling audience shares and "rhe National Cable Television Asso ciation doesn’t oppose lifting the restric tions that would let broadcast networks own cable systems. The issue has divided broadcasters. Network affiliates oppose aoy relax ation because they feel they would be at a competitive disadvantage in their mar kets if a competing broadcaster owned a local cable system. Sikes said the cable-telco inquiry would address telco participation in pro- g ^ming ventures, such as their mi nority ownership of program networks or the right to program several channels as a video dial tone provider. FCC general counsel Robert Pepper pointed out that the inquiry also would ask if telcos could enter into lender/debtor relationships with pro grammers. That could be a boon to would-be cable programmers looking for financing. But it might prove problematic once they seek cable syrttem affiliation. FCC action on telco ownership of ca ble systems likely would come in recom mendations to Congress, Pepper said, and not through FCC action. ^ Sikes said those two inquiries were two of the three areas the commission would concentrate on’m the next year in order to bring more competition to cable. The third area, Sikes said, is the commission’s efforts to advance MMDS serrices. r t a ‘ i m >% 9aos t fiCU <•a (d S H f & §• I •2* 3: .2:•It -Ci ^ 3 2 «.s Ji u c a «.a o « ^ t ^ t/%Jitf (/) o «c i|i^ ||Q ^ .5 0*^- o 2 e> S « -2 3 tnis|:i -> c4 6 - S c «eii, ^oSS r-H S « 3 u ^ *c e 3 .2 E s: E E 8 Eo ^ u — T3 O lO cqo Sc«3S ‘"=5§^ S .2 ^ 5Sc 12 CO -O S ^ - a T3 ^ i.ii.s^s W ^ /> A1 •oc _ "O to O S 3T n E — o ero >1 C '*• c - 0» O Q ^ ^ o > A 1^ e S </) o K V« 2 S.S CO </» c £ CO "S H o -c S_ c 3 u 5 S 3 .E « XI T3 cQ s -- i'o'S !9 u gSs 3 1' Uc CO E Uiow u CL Ox: o o 2 •c ^ o — c i'fi« i tovi* CO c iH-e 8- 5 ** m «2 CO CQ b« ® .5 >,a o .St JZM ^ E s S-c &«■£ ^ c e Si ^ E E ^ ^ E^ S-5 o > 3-o — ^ y» ■g S.a „ii e CO .55E o p « 2u a ^ 15l^p •5 «>o CO CO U CO £ S ^ O^C CO 2 to§£•2 CO -S sS-siI" = • Igili® wi c « i S.a •I e E gO E O O T3 S c « u -eo •* P-2 «W L« CO tj # Q.U w •i FCC To Seek Comment On Cross-Ownership ^ r.. . • ____ t ^w|ryr By JEANNINE AVERSA mi ASHINGTON — In an effort to pul consideration of the broad- wW cast network/cable cross-ownership rule on a fast track, the Federal Communications Commission last Thursday voted 5-0 to seek comment on whether the provision should be eliminated or Importantly, the agency also unveiled proposals that would per mit network ownership of cable systems subject to certain s^- guards ?nd asked for interested parties to comment on those. The FCC hopes to come out with a new ruling in late 1992. The safeguards, aimed at protecting editorial diversity and fos tering competition, include allowing networks to own cable sys tems in large or competitive markets or where second, competing —— cable systems exist. Other options would be to allow the networks to own ca ble systems up to a certain na tional subscriber limit or sub ject to must-carry and anii-dis- crimination safeguards. While four of the FCC’s five commissioners said they have not made up their minds on whether the cross-ownership ban should be eliminated or re laxed, FCC Chairman Alfred Sikes advocated a relaxation of the ^ m"nde*fMii^ the Big Three broadcast networks from owning cable systems. . . .... FCC Commissioner James Ouello made clear that his vote to move forward on the proceeding should not be construed as a vote in favor of eliminating or relaxing the ban. a point also made by commissioners Sherrie Marshall, Ervin Duggan and Andrew Dar- ^ Duggan and Sikes said they are particularly interested in what parties have to say about the proposed safeguards. Wall Street sees a repeal or major change in the rule as positive because it will bring in another group of buyers for cable, sai^car Steams analyst Ken Goldman. Cable stocks were trading up Thurs day afternoon. Goldman said this may have been related to the FCC action, but more likely was rooted in the expectation that a new niling on highly leveraged transactions will be coming out stoo. The entire cross-ownership item is expected to be a ‘ough one SEE FCC, PAGE 4J XcoNTisvSD-noujMB^^f^^ Tfof the «>n»n “**<”*^^®“**** 5^^ 4.L.V.! Four of the five commissioners said tficv liovef t fTiude uf3 ificir minds aboul l'i<' issue uw new iwi tWS«vef ............ l«i^ FOLLOW-UP A Broker’s Holiday Wish List w ith the acquisition market once again beginning to heat up and prices steadying (CV, 11/18/91). cable broker Jim Boyle of Connecticut-based Frank Boyle &Co. has calculated the hypothetical value of the Top 10" clusters of cable systems in the nation. In deference to the holiday season, he calls tliem his "billion-dollar toys." Ranking first on Boyle's list is Cablevi- sion Systems Corp.’s Long Island cluster, which he values at $1.4 billion ^.490/sub). Also above the $1 billion mark Is Time Warner Cable’s Orlando cluster, valued by Boyle at $1.04 billion ^,260/sub). Third and fourth place also go to Time Warner clusters: Manhattan (with Paragon) at $835 million and Brook lyn/Queens at $820 million ($1,990 and ^410/sub. respectively). Rounding out the topfive is Vboom’s Pliget Sound gro"p at $710 million ^1.870/sub). ‘The second ^ on Boyle’s holiday wish list are: Cox San Diego ($640 mil- lion/$l,970 per sub). Times Mirror Phoenix ($590 million/$2,000 per sub), KBLCOM San Antonio ($.^20 million/ $2,210 per sub), Hauser Maryland/Vlr pinia ($500 million/$2,3«0 [>er sub) and Maclean Hunter New Jersey ($500 mil lion/$2,220 per sub). If nothing else, Boyle’s list demon strates that only a company wtli Uie finan cial strength of a major telco can hope to penetrate the upper echelons of tlie cable business. • Tern Kener I Coble In 60.6% of Homesl M EW YORK — Cable penetration rose to 60.6 percent in November,II a 2.7 percent climb from November 1990, when penetration stood at 59 percent, according to figures from Nielsen Media Research. Cable penetration increased by 0J percentage points from July’s 60.3 percent even though the numbCT of cable homes estimated by Nielsen declined from 56.07 million to 55.79 million. That was because Nielsen revised its estimate of the total TV household universe downward in September from 93.1 million to 92.1 million. The rise in c^le penetration in November from the previous ratings in July came after a period of stagnation from May to July, when the number of cable homes remained flat at 56.1 million. ‘The numbers are gleaned from NMR’s Nielsen Station Index which is the company’s local marketing ratings service. 'The latest figures are more evideiKe that the increase in cable pene tration hu slow^ markedly. From November 1989 to November 1990. penetration had increased by 3.3'percent (See chart page 26.) ■ FCC Revises Rules For Political Ads W By JEANNINE AVERSA ASHINGTON — The Fedcr- ^ A - - si Communications Commis sion last Thursday revised its rules pertaining to political advertising on cable systems and broadcast sta tions. The rules don’t apply to ca ble networks. Cable systems that sell political advertising will continue to be re quired to offer candidates their lowest unit charge and must afford equal opportunities to each candi date’s opponents. Revised r jles include requiring both audio and visual sponsorship identification for 'TV ads and re quiring outlets to disclose to can didates all classes of time, discount rates and privileges afforded to commercial advertisers. The FCC also came out with a ruling that pre-empts state action on disputes involving the lowest unit charge. The FCC also ruled that a “rea sonable access” provision, which requires a station to make some air time available to federal carxltdates, does not apply to cable systems. The Notional Cable Television Association raised no objections to the FCCs actions. Because no complaint has ever been filed against a cable network, there's no body of FCC rules on political ads that applies to cable networks, said FCC genera] coun sel Robert IfettiL The policy on ca ble networks is expected to evolve on a case-by-case basis, he said. Pettit said he expects the numbo' ’ of political advertising complaints .lodged agains' cable to increase during the I99i' elections as more candidates turn ‘o this medium to distribute their n essages. ■ > ■ - -A ' w?f(j%3i lo¥^'W';v>tt ?rv'^-,»rv ■ SW t- 1 C\ I ^ it 'i\ —1 'ii U^ri rV-i 'i>H' .Ur -pv I [>IM(.N VII I) HWk VI VKM I VHI A lOI VI l\ < Vltll IIOlMIIOII)^ I’lMIHVIIOV ( Mill n linl ^l HOI PS Naw YoHc ......••••.••««*i»6» Y23/980 56.8.^<w.i;.4. j;*a,77i a6o :••••••••••••a •••••••#••••#••••••••3/010/030 •••••••i^#*433«3#8*4#4*#»/«*^l ^373/1 00 •••#•••••••«••<•••2/033/970 •••••••••••iy0«3*4it*«A4ii#*4»l/8J0/3T0 ,Jop 20,Designated Markrt;Arj^ .......................... .... . ^> IBI ...........••••^*® ‘k,3-.:.....Chicago .....i8lfegi"nri.?»j4...;...Phllodolphlo f '5......»....Soh Franciico,..i.........2»31 5,470............65.7.»...iu^«.«l/454/950 ^”**Wr ^ .......Bo*lon....................1;....2,109,710 .......i...*70.7 ^91,000 I j ^............Wofh. D.C...4.............’..1,819,900 .,...59.9.*«..a...i.»1,090,350 j•** t 8 •••••••••••Dollat*Ff^ \A^orth•*••••••• 1 /700/270 •••••••••♦••35^7**^*«^^i«*a^4^803/800 n ? • - 9............D«troit...........................1,714,970 ..............59.8.......;,.»... 1,015,620 ' ‘1 10 ........Houiton.........................1,445,550...............49.9...............721,480 *49,537,/3<1 ’ i* I ;'i1 1 ..........Arionto.........................1,444,390............;.58.6......m...m..46,260 V' IQ.........Clovolond ..........1,436,400............60.8.......1...»m872,950 M,^41,840 ’ .13 ..........Seattle-Tacoma ....~.... 1,369,620 ............65.3 ............«..894,490 58,897,080 • ................Tampa, S». Pete,..........1,365,800 ...............64.6 ................882,810 ' " Soratota 1,348,880..............46.6 ................628,100$15*4,470 f 3®. •* 8^338^990 “53,9031430 !».. .1 54,235,200 » 4 « > • % » 15 .........Minneapolit-..^.^.^.... Sf. Paul * > i ? 16 .........Miami-Fl........................1/275/990 ..............62.6................798,540 ^. Lauderdale . * t* 17 •••••••••Pittsbur^H ••••••••••••••••••! /1 28/260 •••••••••««a73.0**«a6a#«««aA«^823/820 . 18 •••••••••Sf* Louis •••.•••••••«••••••••• 1 /093/750 •••••••••4*«47*4«*a»a^»«*«a««^518/860 W W • W ' \ttti mM ««•' ^A/k * 19 •••••••••5acroii%ei8FO/ ••••••••••••••1/054 160 ••♦♦^♦••••••58»9••4*4^ifii4M»i620/910 **^» ' iy ♦' .‘Vj^r ShKlcfon, Modesto ^ JJQ I 20 •♦•^•Oo•Phoenix —9»i^66^6a«»<»a9»H^ #043/850•••^•d44aa50^8•a6»ai»i»#aaa^30/0l 0 is:;'* ula Research Way to Subscribers ’ Hearts? Triax Says It’s Through Their VCRs f. V- I •. «i ' • ' • I • lit •• •• I 'y' ‘iJ- By Kathy Clayton J1 T L fast Onf Ciiblr company thinks one F^of ihr best ways to a cable subsenber ’s heart may be throuRh his VCR. Triax Communications in January will betfin marketing VCR Plus, a device devel oped by a group of California en trepreneurs to lake the mystery out of us ing videocassette recorders to tape televi sion shows. If the cable industry doesn ’t seize the opportunity to peddle VCR Plus to its ais- tomers. it will lose out on one of the best new marketing avenues available, accord ing to Pave Downey, vice president of mar keting for Triax Communications. VCR I’lus has been on the consumer VCR Plus Seen Boosting Pay, Basic Value VCR continued from page I_______ market for about a year. The units sell wholesale for about ^9 — they retail for up to $70 — and are compatible with al most every VCR and cable converter, ac cording to Louise Wannier. executive vice president of Gemstar Development Corp., VCR Plus's parent firm. VCR Plus can be programmed to automatically record up to 14 TV shows a week, using codes which are published in program guides. It’s esti mated the device has been sold into about 10 percent of the country's 78.2 million VCR homes.RCA is offering a built-in vci- sion of the VCR Plus in its new VCR units. And in recent months, the device has enjoyed a spate of positive publicity, from Bob Hope presenting one to Johnny Car- son on The Tonight Show" to movie crit ic Gene Siskel endorsing the item on *SiskeI & Ebert At the Movies." Up to now, the cable industry hasn ’t paid much atfcrlion to the device, Downey said. But in jar. lary, Triax plans to send bill stuffers to each uf its 300,000 cus tomers touting VCR ^^.us; local avail ads and door-to-door sales ct forts will follow. “In my opinion. VCR Plus can revolu tionize the way people use their TVs," Downey said. Denver-based Triax is in a unique po sition to study VCR Plus first-hand, since the city's Rocky Mountain News was the first newspaper in the country to agree to list the code numbers the device uses to record programming in the paper's daily programming grids. Gemstar pursued the deal with the News in part because the company hoped to get the attention of cable companies based in the nation's cable industry capital. Downey said Triax will begin to offer the (h'vicc to customers f»'r between $f>0 and Stifi or on a Icase-b « ‘-t nhoul $ I a month. “We lliink there is an excellent oppor tunity to lease the box and create a cash flow stream." Dowmey said. He estimated that at least 20 percent of the company's customers probably Nvill either buy or lease a unit. Having a cable operator market VCR Plus to its customers makes a lot of sense for many reasons, according to Downey: ■ Each VCR Plus needs to be pro grammed in accordance with the local ca ble channel lineup. “Operators can do that instantly, making it easier for the cus tomer." he said. ■ Two-thirds of VCR Plus installations in cable homes require “minor" installa tion adjustments. “If notliing else, it will help (cut) pay churn." Downey said. "If a customer looks at his cable guide and sees a movie he wants to watch at 3 a.m., without the VCR Plus, chances are, he’ll never see it" Gemstar is courting cable operators with a turnkey promotion for selling VCR Plus, Wannier said. The company set up a direct response program giving operators two options to determine their level of participation. Both options give operators a $10 commission on each unit sale. At the first level, operators insert VCR Plus commercials in local availabilities for at least four weeks on at least four cable networks, including USA Network. ESPN, Tlie Nashville Network, Tlie Fami ly Channel. CNN. MTV, Lifetime and Turner Network Television. Gemstar will provide and staff a toll- free phone number that will field cus tomer inquiries at no cost to the system. At the second level, operators are re quired to only insert the VCR Plus bill stuffer in a full billing cycle for three months d"Ting the calendar year. Wan nier said. 92 Rate Hikes Coming in High By JOHN M. HIGGINS p ew cable operetors seem pre- V paicd to live by industry dec* I laralions that they can live with 3 percent rate increases, and a check of seasonal hikes finds that double-digit boosts in subscriber rates aren't uncommon. Calls to more than a dozen sys tems around the country last week found typical rate increases were above the magic S percent goal, but still within the high single^iigii percentage range. In one extreme case,'low-tiered subscribers will see increases of up to 43 percent. But some systems are trying to completely hold the line against hikes. "We have no increase com ing, not in the inunediate future if you’re talking fim half 1992,” said Wayne Watson, general manager of Tele-Communications Inc.’s Boise, Idaho System. “We’ve been able to contain expenses, so that we don’t have to have a normal re alignment.” But that ’s the exception rather than the rule. In addition, while system managers contacted said they plan to boost some cable net- worla from part-time carriage to rull-time. hardly any said they planned to add new basic services ilong with the hikes. Rate hikes have become the biggest lighting rod for the cable industry in recent years, provoking industry. Cable price increases have far outpaced the general in flation rate. According to the U.S. Department of Labor's monthly price statistics released last Fnday, cable prices in 1991 jumped 9.7 percent through November, while prices for alt consumer goods ruse just 3 percent. In the politically sensitive par lance of the cable industry, there are no rate hikes but rate “enhatKe- menls," joked one system execu tive who is hitting customers with a double-digit hike soon. At Warner Cable's Cincinnati system, most subscribers will see 6-1 percent increases in their cable bills. But abob. percent of the system's customers, who take the riKst basic tier, will see their bills soar more than 40 percent. System president Virgil Reed said the big increase will hit sub scribers to the system's 24-channel basic service, which includes off- air signals from Cincinnati and Dayton, Ohio, Black Entertain ment Television, several supersta tions and public access channels. Not including franchise and public access fees, that rate had been $6.93, but it was raised Dec. 12 to $9.95, a 43 percent increase. When the other fees are included, the increase in a subscriber's total bill will jump 31-45 percent, de pending on which town he lives in. rrr- •nt DAne JK 92 Rate Hikes C m CONTINUED FROM PAGE J The total bill for subscribers to the system's 40-channel expanded service rose 6 percent in the city of Cincini^ to $26.44, while the tab for the 60-channel “standard ” package went up 7 percent to $26.96. Reed said the basic-tier hike was imposed after several years of ex perimenting with the price, includ ing two years in which the rate went down. The tier’s 12 percent penetration never changed mu^h, indicating little price sensitivity. Reed said the new $9.95 rate was imposed only after research showed that contrary to conven tional wisdom, few basic tier cus tomers were low-income house holds. but rather suburban homes surrounded by hills. Multipay subscribers, he added, will see no increase at all from tl.eir$3 .95 rate for full basic plus two premium services. “Frankly, the reaction has been very minimal,” Reed said. “About 25 percent of our customers see no increase, 60 percent are in the 6-7 percent range. Basic level cus tomers see a big percentage in crease, but a small amount of mon- ey" Customers of Prime Cable ’i 194.000-subscribcr Atlanta system will get two hikes at once in Jari- uary. Fust, the rate for the system’s 52-channel expanded basic climbs 7 percent to $23.45 per month. Second, the system will begin breaking out the franchise fee of between 3 and 5 percent, tacking that onto the basic charge. Prime Atlanu s marketing com munications coordinator, Erin Levins, said the breakout of the franchise fee was inevitable. “Early in the year, we had an increase in the franchise fee for one of our franchises from 3 percent to 5 per cent, and we just saw we were go ing to have to do it eventually,” he said. It's not a “disguised” rate hike because “this is a receipt that we never see." Levins said he's heard just three complaints from subscribers about the hike. Cablevision of Baton Rouge, La., took a full-disclosure tack to ward its January increase. The sys tem released :o local media wd complaining subscribers detailed jiformation on the system’s costs, particularly soaring program license fees. The system’s rates are increasing 6 percent to $18.45 for a 3<l-chan- nel basic package and 6 percent to $18.95 for a 36<hanncl package. "Let’s not just try to gloss over High] t: let's show how \this rate increase^ we operate as a company, said Cablevision of Baton Rouge spokeswoman Barbara Weber. “Let’s try to plant a more realistic idea of how this company operates and show them where their dollars go.” Charles King, general manager of Storer Cable's Louisville, Ky. system, said he’s hoping to avoid a rate hike scheduled for next August because of a tax problem that two increases during 1991. Expanded basic customers saw an 11 percent increase to $2030 per month last winter. Then the sute ordered a re assessment of all cable systems in the state in October, slapping a property tax increase on Storer retroactive to January 1990. That triggered a $1.34 pass-through, in creasing customers’ bills by anoth er 6 percent “We did some commercials that showed our customers that we didn’t receive one penny of the in- cicase,” King said. “We began to itemize on our customer s bills where their payments go in taxes and fees." The result was that the system didn’t get as mwy com plaints as expected, but King is still forced to hold rates down next year. ■ IVlinneapolis Carries Sports Net on Local Access Channe By R. THOMAS UMSTEAD ■ ■ INNEAPOLIS — The City Council IlN here has found a unique way to at I Vi least temporarily solve a biner car* riage dispute between Midwest SponsChan* nel and Paragon Cable of Minneapolis: The city is distributing the service on its allocated local access channel. While Midwest SC runs on Paragon, the council has forced both parties to negotiate a way to solve their ongoing dispute over whether the legionai sports service should be offered as a pay or basic service. In an attempt to spur talks between the two parties, the city of Minneapolis pro grammed Midwest SC on its dedicated local access channel last month, said Minneapolis City Councilman Walt its franchise agreement with Paragon, the ac cess channel can cablccasi a basic sen ice on its access channel if Paragon is not currently offering the service. The city is carrying the scr\ icc without having to pay a license fee to Midwest SC. “We found out that if there is a scrv icc oat there and the cable service is not carry ing it, we have the right to carry it on local access,*^ Dziedzic said. Midwest SC is offered as a basic serv ice on the local access channel to approximately 60.000 subscribers — all in Minneapolis — of Paragon's 1 10.000-subscriber base, said Kevin Cattoor, vice president and general manager of Midwest SC. Overall, the net work has 750,000 basic subscribers. P?irrl7ir in the dispute after not being able to w atch on tele vision his son play on the University of Min nesota hockey team. “Why can I go to Wyoming and get it, yet not be able to in my own backyard?*’ he asked. The city will continue to carry the pro gramming on the local access ch nnci through January, Dzicdzic said. Bur Canoor said that if a deal with cither Paragon or the city — which could conceivably pay MSC for its programming and keep ir on the local access channel — is not reacned by Ian 7, he v^ill pull the service fn rn the access chan nel. “1 will continue to negotiate, but it doesn’t make sense to keep the channel on.” he said Driedzic said he would rather not see liic ciry pay for the service. “We arrn ’i going lo spend any lax dollars lo do that,** he said Another option would he for the cable com- pa.ny to add an extra 50 cents lo its basic charge for the service, Cattoor said. The charge would be itemized on subscribers ca ble bills. Debra Coilonc. vice president of program ming and public affairs for Paragon, said the system would not agree to such a deal. ’The bottom line is that it is our bill,’’ she said, ”lf they (the city) want to contract with MSC, they can do so, but they can ’t pul a surcharge on our billing system.” U Ruti«« Vi A RATe hikb The original dispute steins from Paragon' insistence that the regional sports servici which costs around 45 to 50 cents per sUb scriber per month and carries such locr sports properties as Minnesota Twins base ball and University of Minnesota coUeg games, be carried as a pay service. Conon said. But Cattoor said that economically, i would be impossible for the network to b carried as a premium service. “I can't cve begin to think of discretionary carriage." h said, adding that all of the network's affili ation agrceme.tts are for basic carriage. He pointed out that one Minnesota systcr recently offered Midwest SC as a premiur service "on a test basis" and generated onl a 10 percent penetration rate. The two panics hadn't talked "seriously for months belore the City Council passc' a resolution last month urging tlic two side to resume talks. Dziedzic s.iid. Cottone said the two parties are conduct ing "cordial" discussions, but are still fun damentally split on how to offer the channe^ Dziedzic blamed both companies for th situation. "Both the cable company and th regional sports network are thumbing thei noses at the cable viewer." he said. "PcopI are very frustrated that they can't reach a- agreement.'V No Moves on HLTs By JOHN M. HIGGINS ■I ederal banking regulators disappointed cable lobbyists as last week came and went with no HH movement on restnctions on bank loans to H highly leveraged transactions. ^ Many cable executives had been predicting that regulators would take action in time for a Dec. 16 meeting of 500 banking examiners to discuss some of the conflicts between loan standards and the Bush ad ministration's push to loosen credit in the face of the recession. The banking agencies — the Federal Reserve, Federal Deposit Insurance Corp. and the Office of the Comptroller of Currency — had hoped to outline new HLT startdards to examiners at that time. But HLTs didn't come up. "HLTs just weren't a opic," said an official with one agency. Cable lobbyists said they were in the dark about where the rule proposals — which had been drafted two weeks ago — stood at the end of last week. “I was convinced we were going to have something," said one lobbyist. Others weren't surprised. “It’s like I said before." said Comcast Corp. treasurer John Alehin, who has helped spearhead liie fight against HLT rules. “Definitely by the end of the year, but which yearT ’ Other industry executives said they still expect fed eral action by the end of 1991, but aren't clear about what changes might be made. If relaxed rules are im posed by year-end. banks would be able to close out their books more favorably to merlia borrowers. A de lay could put off meaningful impact until the end of 1992. But there is no assurance that any modification' will be either favorable or meaningful to MSOs, "They ’ve muffed this before." said one MSO execu tive. “No bets on this one.” For two years, MSOs and media lenders have been trying to peel back HLT restrictions. The rules force banks to reclassify loans made to a leveraged buy-out or other acquisitions into a .separate category. A par ticular credit is labeled an HLT if a deal is m.ide with less than 25 percent equity or if equity quickly falls below that level. Regulators haven’t placed specific limits on how much a bank can lend to HLT companies; lenders are requited only to list the loans separately. Ncverthele.ss. bank examiners and securities analysts have taken large HLT holdings as a sign that a bank is financial ly weak, so HI.T money has dried up as banks try to reduce their HLT portfolios. The rules immediately crushed cable's access to bank loans, sending system values down 30-35 per cent MSOs also slashed capital spending, damaging hardware vendors. ■ Cable, Public TV Spar on S 12 By RACHEL W. THOMPSON r ollowing “a misunderstanding" p between cable executives and ■ public television’s lobbying group stemming from the group's endorsement of pending cable leg islation. the public TV group’s president agr^ to clarify his po sition with lawmakera. America ’s Public Television St-iUons on Nov. 7 joined other or ganizations announcing their sup port for cable bill S 12 during a Capitol Hill press conference. Not unexpectedly. APTS president David J, Brugger reafllnn^ APTS' support for language in .S 12 sup porting must-carry fur pul>lic tele vision stations. What surprised and angered ca ble executives was Brugger’s state ment of overall support for S 12, which they viewed as unnecessar ily broad. Continental Cablcvision chair man Amos B. Hostettcr. a former director of the Corporation for Public Broadcasting wrote to Brugger a day later terming "trou bling” Bmgger's “switch fror- non- combatant to adversary wit* .-t.* .• much as a simple ‘heads up. ' “Public television did not need to choose sides in this NAB-NCTA dispute," said Hostetter, who has a clu.se relationship with public sta tion WGBH-TV in Boston. The broad endorsement also brought apologies from some at WGBH. sources said. Brugger responded that APTS’ position had not changed, and said he would continue to .support must- carry language for public TV while refraining from taking sides on un related issues addressed by cable legislation. National Cable Television As.socialion president James P. Mooney then wrote to Brugger on Nov. 13: “I also think 1 understand the English language, and the plain meaning of your statement ... is that you’re for S 12. the v/holc load." After some back and forth dis cussion. Hostetter wrote to Brugger on Dec. 6: “I would be delighted to work with you ... (to) ’clarify ’ your position.” Brugger and a spokesman for Hostetter last week said the dispute had been cleared up. The NCTA said it had no comment. Asked whether any lawmakers may also have misurxtcrstood APTS’ position. Brugger said. "We haven't found anyone on the Hill who mis understood, and it's because we've been consistent fmm the start." Brugger also said he had sent to Hostetter a draft of an alternative statement. ■ Continental Sleuthing Traps Eight By LINDA HAUGSTED ontinental Cablevision Corp. executives in St I Paul, Minn., hope to win convictions next month after a new method of detecting cable signal pi- rales through electronic sleuthing resulted in the arrest of eight people. District manager Randall Coleman said a task force at the system has developed an anti-piracy program that can be executed over any addressable system. The system, which serves approximately 55,000 sub scribers, be^an the program early in November, and hopes *o prosecute the alleged pirates at trials sched ule for early January. Coleman said he believes the St. Paul system ’s ver sion of the **electronic bullet” is unique. Computer al gorithms —programs that instruct altered chips in set tops to malfunction, shutting down the box — were used during a much-publicized anti-piracy effort in a Time Warner Inc. system in Queens, N.Y., this year in which aboiu 300 people where charged with having illegal cable converters (Multichannel News, April 25, page 1). But the St. Paul campaign has not totally disabled the box. Colenum said there have been four different ways of certifying signal pirates in his program, l ie refused to discuss them for fear of tipping off convert er pirates. Coleman, however, offer^ to share the de tails of the anti-piracy efforts with other systems in the state. Accounts of Uk' campaign printed in St. Paul news- P'^rera, however. sai«.' the system has developed a way lo cut off basic service tk- customers suspected of steal ing premium charmels. IIcustomer continues to pay his bill, the system is assure d that signal is being ob tained illegally. A second method is to send a message, receivable only to altered boxes. If a subscriber responds to the message, the operator’s claim of signal theft is vali dated. So far, the system has been 100 percent accu rate, Coleman asserted. Coleman said he believes that piracy in his market is no more than the national averai'C (4 to 6 percent, according to National Cable Television Association estimates). The system initiated the campaign only after pro ducing spots featuring the state’s attorney general and wrestler Jesse “The Body ” Ventura, warning con sumers that stealing signal is a crime. Then it launched its electronic countermeasures. Coleman said the system has other suspected pirates in its “electronic holding pen” who will be prosecuted once the firs' eight cases are successfully concluded. Under state law, pirates will be charged with theft of service and can face a $1,300 fine. Jodi Hooper, assistant director. NCTA office of ca ble signal theft, said it appears Continental of St. Paul’s campaign is unique in its implementation of electronic countermeasures. Other systems have used a variation of the bogus message campaign, advertising a non-existent PPV event to suspected pirates, getting law-breakers to identify themselves by calling in to order. She added that technical efforts to catch pirates appear to be gain ing popularity, but many systems still do day-to-day checking to catch illegal taps through conventional means. That opinion is backed up by a Ryan-McGinn-Sam- ples Research Inc. survey of 405 operators conducted this summer. The survey showed that the majority of] respondents rely on system audits on a regular basis[ to detect thefts, or on amnesty programs designed u solicit anonymous tips. In that same survey, 71 perceni of the operators expected to lose less than $50,000 to] signal theft this year. ■ MARGAF^ET D. ROSSlNG 130 Cvgnet Place Long Lake, MN 55356 (612) i*75-15l6 V January 9, 1992 JA‘.‘ 1 3 1QOO City Council City of Orono P.O. Box 66 Crystal Bay, Minnesc‘.a 55323-0066 Ladies A Gentlemen: This letter is meant to convey my concerns regarding the installation of Municipal Sewers in the Stubbs Bay Area, which now includes Cygnet Place. 1.My first concern is that The City just this past year resurfaced our street at a cost of approximately $16,000, and then intends to tear it all up for sewer in the very near future, at a much greater cost to resurface, but The City has not con^^iJered installing water lines at the same time! Are we to pay for this expensive street three times? 2.My next concern is that the DOT and other governing bodies have not yet determined where 394 is going to be located, but I understand the "southern route" probably will impact Cygnet Place, if that route is chosen. It seems to me that before we agree to spend such a large amount of money on sewer for our homes, we should first be confident that we will have a home to need a sewer. 3.My final point is that it seems Cygnet Place was added to this project very recently, perhaps to lessen the cost to everyone else. But in looking over the information supplied by The City, Cygnet Place residents will have the largest assessments. Perhaps Cygnet Place could be dropped from the project and each homeowner could repair his system at a much lower cost than the proposed $18,880 plus. Thank you for listening to my concerns. Yours truly, Margaret Rossing (/ CC: All Cygnet Place Homeowners r Biers and Associates, hiG. Llamas la runic muabce NEWSLEUER OFRCES IN MINNEAPOLIS, MN • WAUKESHA. Wl • JAMESTOWN. NO VOLUME 37. NUMBER 1 FILE: Financial Speciaists: Ehlers and AssociatBS, Inc. Please cSstribute to governing body members JANUARY. 1992 SEASON’S GREETINGS TO ALL OF YOU FROM ALL OF US AT EHLERS AND ASSOCIATESII We are ending a memorable year. The financial markets experienced ups and downs as our nation lived through Desert Storm, a struggling economy^ sweeping changes in the Soviet Union and our ie municTrever-interesting local, state and national politics. The municipal bond market has seen the 20-year Bond Buyer Index rates move from 7.14% in early January to 6.66% In mid-December. As a whole, interest rates were and remain at near historical lows for modern times. Now Is an excellent time to consider financing your next year’s capital needs and/or to review interest rates on your outstanding debt. Current municipal interest rates are extremely attractive. Any financings and refinancings that you undertake in the riar future should result in exceptionally low borrowing costs and/or future interest savings. RERNANCING OPTIONS TO CONSIDER CumentP funding a designated date when the fui lower and documentation is less complicated than an advanc<~ refunding. If a refunding issue is closed 90 days or less before the call date outstanding principal can be paid off), the refunding is a "current refunding." Issuance costs are Advance Reminding If a debt issue is refinanced and closed more than 90 days prior to the call date, it is an "advance refunding" which is more complex and costly. Federal IRS regulations restrict arbitrage earnings and limit the number of advance refundings allowed per issue. Because of these limitations, and in recognition of the higher issuance costs associated with advance refundings, they must be thoroughly analyzed and evaluated to ensure the issuer realizes the maximum possible benefit. Following are two different variations of advance refundings: Net Cash Advance Refunding of Callable Bonds -- With this approach an issuer sells a new set of bonds (refunding bonds) to replace only the callable portion of the old bond issue outstanding (refunded bonds). This advance refunding alternative can lead to attractive near-term savings but may require additional cash or bond over-issuance. Based on this approach, under Minnesota law ssuer can issue only up to 110% of the debt refunded and must show at least a 3% net present value savings. These limitations do not exist in most other states. 2950 Norwest Center • 90 South Sever th Street • Minneapolis. MN 55402-4100 • 612-335-B291 • FAX 612-^9-0854 Crossover Advance Ref undi ng -- Here the issuer issues a new set of bonds to replace the callable bonds. The issuer continues to pay on the old bonds until the call dale. On this date the old bonds are retired and the issuer "crosses over" and begins paying on the refunding bonds. This approach substantially eliminates the cash over-issuance problem created by arbitrage limitations. Savings are realized after the call date. There is no net present value savings test under Minnesota law for a crossover advance refunding. Several factors need to be analyzed when reviewing your outstanding debt issues for possible refunding candidates. As a general "rule of thumb;" There should bo about a 2% spread in interest rates between the old and new issues. The closer to the call date, the less spread needed. The call date should be within three to four years The net present value savings should be at least 1 .5 times the issue related expenses. The net present value savings when compared to the present value of the debt service on the old issue should be in the 3% to 6% range. Possibilities for combining new money with the refunding issue should be explored .o share Issue-related expenses thus increasing the savings on the refunding portion of the issue. Without cost or obligation. Ehlers and Associates is available to review your current financing needs and to analyze the feasibility of refunding any of your outstanding debt issues. DO YOU QUALIFY FOR A SPECIAL GRANT OR LOAN? Take advantage of special grants and loans available to you. Dave Maroney in our Minneapolis office recently coordinated a unique financing package for the City of Waverly, Minnesota. The City and several State agencies determined that the City wastewater collection and treatment system was detrimental to public health and the welfare of the community. The system was in violation of MPCA guidelines and standards, lacked capacity, and contributed to the problem of contaminated private wells. In addition the system did not have the capacity to serve homes on Waverly Lake which were discharging wastewater into the Lake. This problem needed immediate attention to minimize environmental concerns. The financial feasibility study determined that funding the entire project from the obvious revenue sources, i.e. sewer rates, special assessments, and tax levies would render the prmect unaffordable to the community. Therefore, to minimize the impact to the residents of Waverly, Dave was able to coordinate a unique combination of the following federal and state grants and loans to make this project a reality for the City of Waverly. The sources and terms follow: Farmers Home Administration Loan (30 years <§> 6.75%) Minnesota Pollution Control Agency Grant Environmental Protection Agency Grant Small Cities Development Program Grant Public Facilities Autnority Loan (20 years @ 2.64®o) Recognizing the fact that programs vary from state to state, call Ehlers and Associates for Information regarding sources of public loans and grants, assistance in qualifying for them, and for creative solutions to your financing needs. ATTEmiON NORTVI DAKOTA SCHOOL DISTRICTS!I North Dakota school districts have a unique ability to issue limited tax building bonds for school districts wfthout an electioni For all your bond financing needs and questions for any North Dakota political subdivision, call Becky Miller in our Jamestown office (701) 252-5433. REGISTRATION OF MINNESOTA LEASE-REVENUE BONDS Minnesota is now requiring registration of bonds which involve an HRA or an EDA. i.e.. when issuing revenue bonds for a project to be leased to a city. Having been through the process, we can pass along some of the ins and outs if you give us a call. IRS REIMBURSEMENT REGULATIONS In our last newsletter we reported the IRS was proposing new requirements before issuers could issue debt to reimburse themselves for previous project expenditures. The IRS is reviewing this proposal further and has delayed indefinitely the effective date. However, one of the requirements was that an issuer must declare its Intent to reimburse the proposed expenditures from tax-exempt debt proceeds. Since it remains uncertain what the IRS will do. we are recommending that you continue to declare your intent to reimburse the expenditures. In the event that the IRS does impose these new restrictions, you will have satisfied this IRS requirement. We have a draft resolution available for issuers to pass that will help qualify specific expenditures for later reimbursement. Call Ehlers for a copy. OF SPECIAL NOTE .. Ehlers and Associates had a record year as our clients look advantage of the incredibly low interest rates to finance new projects and refinance their outstanding higher-interest issues. To keep up with our growing client list, we have made important additions to our staff and have promoted current employees in recognition of the valuable contributions they have made to the Company. New Employees; Robert Ehlers, Jr., has rejoined us as an Account Executive working in Minnesota after working as an Investment banker. His experience and insight into the merits of negotiated vs. competitive bond sales will be Invaluable to the staff here at Ehlers and. especially, our clients in evaluating options for marketing their debt. J0ff Hagmn joined the Minneapolis staff a? a Financial Analyst Jeff has a degree in Finance and Accounting from the College of St. Thomas. Vicki Abraham$on has joined the Minneapolis staff as a receptionist OF SPECIAL NOTE ... Promolions: D§¥9 Antl0r^n in our Wisconsin office has been promoted to Vice President. Dave’s insight, knowledge and reputation have benefited all his Wisconsin client :. K»nt JohnBon In Minneapolis has been promoted to Account Executive in recognition of his increasing contribution to our computer capabilities, his grasp of the Minnesota state property tax laws and property tax structure, as well as his success in working with clients. Thank You From Bil Fahey: My wife, Kay, and I would like to extend our thanks for your kindness these past 14 months through her cancer treatment and our youngest son’s major back surgery. The support from you was overwhelming. Your caring and support have pulled us through. The good news is that Kay has completed her last chemo treatment. "Thank you" cannot fully express our appreciation. CONVEKTION SCHEDULE Our representatives look forward to seeing you at the following conventions to meet you and to discuss any questions you may have about municipal finance -- "creative" financing needs, community development issues, cashflow financing and restructuring old debt... to name a fewl January 9-10 January 15-16 January 22-24 February 4-6 February 18-21 February 19-20 March 17-21 Minnesota School Boards Association Minnesota NAHRO Mid-Winter Conference Wisconsin School Boards Association Minnesota Association of County Officers Iowa Association of School Boards -- Regional Meetings North Dakota Rural Water Association Minnesota Municipal Clerks and Finance Officers We at Ehlers wish you the very best in the coming new year. Steven F. Apfe/ba/nerSteven F. 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UNLOW 3185 North Shore Drive Wayzata. Minnesota 55391 Res |612) 471 0206 Ott 6l2)473-4dC2 January 15, 1992 JAH 1 t) JoEllen Hum Orono City Hall 1335 South Brown Road Orono, MN 55323 Dear Ns. Hum: I am a concerned citizen, homeowner and parent. My concern relates to the proposed acquisition by the Department of Natural Resources ("DNR") of property on North Shore Drive to provide an additional public lake access into Maxwell Bay. Many residents are concerned about the environmental impact of additional boaters on the lake. My concern is the impact another access will have on the land and the resulting safety hazards. The lots that the DNR proposes to purchase for the access will not provide adequate parking for the users. Consequently, cars and trailers will park up and down County Road '‘1 and on Bohns Point Road. The entrance to the proposed access 51 is on the inside of a curve on a road with a speed limit of 40 mph. At certain times of the day, the sun is blinding on that curve and I have personally witnessed one accident and am awa* of several others caused by parties making turns and the signals not being visible because of the bright sunshine. As a parent of a 5 and 6-year-old, I am very concerned about the additional safety hazards caused by the traffic and parking. North Shore Drive already serves as a parking lot for the public access to North Arm Bay less than two miles from the proposed access site. The North Arm Bay overflow cannot be contained by that parking lot and it already creates serious traffic safety conditions. Where will the additional cars, trucks and boats generated from a Maxwell Bay access go? Please stop the DNR from acquiring the land and from spending our tax dollars unwisely. In my opinion, purchase of this lauid is an irresponsible use of public funds at a time when our economy cries for money in other areas. Very truly yours. 9 Susan S. Enlow SSE:ljs 20562.388/139201 Bruce W. Engelsoa 990 Partenvood Road Orono, MN 55356 January 23^ 1992 Mayor Barbara Peterson City of Orono 1335 South Brown Road Crystal, MN 55323 Dear Mayor Peterson, I aa %rriting to express ray thoughts regarding the proposed DNR public access on Maxwell Bay. I have been a resident on this bay for over ll years and I use the bay for boating nearly ever' day in the suraraer. 1 attended the ONR open house on January 21, 1992 and discussed the proposed access with Mr. Gordon Kiraball, DNR Regional Supervisor. I urge you to support Proposal #2 if the DNR drops or extends its option to purchase the Straley property. I believe development of the straley property alone will definitely put 25 or more boats onto Maxwell Bay at peak use tlraes when The Bay is already dangerously overcrowded. I believe an acceptable alternative is to convert private marina access to public accers and that the DNK objectives can be met by the purchase and conversion of Gayle's Marina. I do believe it is important for the City of Orono to participate in the decision making process, we will have additional public abcees but we can determine how it impacts the lake and our community. X therefore urge you to support DNR Proposal #2. ^r'p 1^, ."• • • \, L-. • ' •* '; i»V* \. ; * • ' ^ '» .• • • •ife.'-' ■• W ' ■ •• ■ ■' ■.-*■• ';t•:••’ .••'•■ ■ •. • .- ■ v: . ._ . - .•' •. :,. I-.; * i-'yZV . — _ wr. j. »• 7^ ^**j*?'**'•<*•** "* * * * • - •• • * •* •-■• • .■» <* * v; • * ... V .:• :r;• ^ . Steve Smith Stf Usprs—wtttve District 43A Hennepin County Minnesota House of Representatives COMWlTTfES: GOVERNMENT AL OPERATIONS PENSIONS SuPC ‘•MlTT£E JUDlOAPv Pa MIUY LAW SUBCOMMITTEE CIVIL LAW subcommittee local government an O metro AKS'A.RS ▼-a NS iT subcommittee 7 - 9 9l T' \o7|||i|^| ^(jL.v ^ • “*•.•* • V*' -* ■'.*•• _ ' • • • •'. * %, • r* « —^ • • - jn* . ,7*' ^ *.* * tiT * * '•* V To lL*-t i Cl;w s.■VL^ f-tr tt 'tXSl.cJ^ (V-vLtjf cv^ Ot-Cc^ c ^ ^C(L/{/C-j jt- .WcC (h^t^ ,A-AW\iiL, lu^e.V ^/KcdrTii^ / jti 7?(y ^ An<^ AM,c 2/ 0 Cl«e L«ie. Mouno Mmneeote S5364 State Office BuildtnQ. Si Baui. Mmneeote S5i55 iRFAX (612) 296-3IM9 (il2>4n-7i|i liiTSmS o T. ‘•^:;.'-.J •’.' ..■-■■•. • ■ -• ■ ■ . ’••...• ! H Steve Smith Sttto R«prtMntativ« District 43A Hennepin County Minnesota House of Representatives COMMITTCES: GOVERNMENTAL OPERATIONS PENSIONS SUBCOMMITTEE. JUDICIARY. FAMILY LAW SUBCOMMITTEE. CIVIL LAW SUBCOMMITTEE. LOCAL GOVERNMENT AND METRO AFFAIRS. TRANSIT SUBCOMMITTEE Januafy 7, 1992 Governor Ame Carlson State Capitol St PauL MN 55155 Dear Governor Carlson: You have a problem in one of your strongest districts. The City of Orono and Lake Minnetonka in general. I attended a public hearing last night, at which the DNR had promised to be present, but was not and I listened to and s’joke to over 300 Orono residents. Attached to this letter are two or three pieces of correspondence from the DNR. As part of the state’s public water access program (whatever that is) the DNR has obtained an option to purchase 2.1 acres of shoreland on Maxwell Bay, Lake Minnetonka in the City of Orono. I understand the option was taken sometime in November and expires the end of January. To my knowledge, no public hearings have been held. About four weeks ago at a meeting before the LMCD a representative of the DNR promised to be present at an Orono City Council public hearing last night Yesterday I received a letter from the DNR, dated January 3 which stated they would not be present Apparently the DNR feels that if they can ’t control a meeting at which they appear, then they will simply just not appear. The people feel betrayed by DNR’s failed promise to attend and listen. Qv nor, I believe that when decisions like this are being made for which the taxpayers will be W* ^ ^ directly affect them, those very taxpayers should be brought into the -lecision-making process early and often. The residents at that meeting last night feel that they are being strong-armed by the DNR and that they are not being listened to during the process of deciding whether this public access should be acquired by the state. mo Ctor* Lan«. Mound. Minnwof 5S364 (612) 472-7664 L Offico BuiMing, St Paul. Minnotota 65155 iR rAX (612) 296-3949 (612) 296-9186 s ■- :> ■V t‘r ■ri. fj!-* ,V : •, -> Psige Two- Goveraor Carlson They feel the DNR is not listening. They feel you don’t care. At a time when you face an extreme budget crisis, why should the state be spending money on additional public accesses? Especialfy in a l^e that is filled with Eurasian Water Milfoil for which the state is not doing its part in funding eradication. I ask you to review this process affecting Maxwell Bay and I ask you to intercede and call a halt to the acquisition of this public water access unless and until public hearings can be held. And until the DNR commits to a fiill and complete program to fund Eurasian Water Milfoil eradicatir . Sincerely, Steve Smith State Representative mow NO. % HV ^ ----' - M STATf Of ^DEPARTMENT OF NATURAL RESOURCES REGION 6 TRAILS t VATERWAY5, 12Q9 WARNER ROAD, ST. PAUL, NINNESOTA SS196 <612) 772-7935 November 7, 1991 Ropresentatlv* St*v* Sulth 353 St«t* Offic* Building St« Paul* Hinneaotn 551S5 D*ar R*preMntatlv» Snith: As part of ths Stats of Minnesota'a public water access prograa, ths Dspartssnt of Natural Resources has obtained an option to purchase real •■tats located on Maxwell Bay of Lake Minnetonka in the City of Orono. Ths property consists of four adjoining parcels, one with lakeshore and the other three extending back to County Road 51. In total, the property consists of approxleately 2.1 acres. Ve have set vith the Lake Minnetonka Conservation District (LHCD), the Lake Minnetonka Lakeshore Owners Association (LHLOA), and the City of Orono to discuss the project in aore detail and to get their preliainary consents *.d concerns. We also intend to aeet vith the Hennepin County Water Pstrolf as well as the Minnehaha Creek Watershed District. We have also notified the general public and adjoining property owners. Right now, our Bureau of Engireering is preparing a Concept Plan and report vhich will be Bade available for review and conment. It is our intention to involve the public to the fullest extent possible in this process, and allow all interested parties the chance to connent. Should you desire further infornation please feel free to contact either syself or Martha Reger of ay staff. We would be glad to answer any questions you say have. Sincerely Gordon Xishall Regional Supervisor GK/jlllB.doc Dennis Aanusi Hike Merkel1 Karen Bowen Martha Reger AN EQUAL OPPORTUNITY EMPLOYER M 1^ STATI or^DEPARTMENT OF NATURAL RESOURCES REGION VI TRAILS & WATEPWAYS. 120C WAWJEft ROAD, Sf fHONCNO. (512) 772-7935 PAUL. 55106 FILE NO January 3. 1992 Mp. Ran Moorsa City Administrator City of Orono Crystal Say, Mil 55323-0066 Osar Mr. Moorsa This latter 1s to clarify the ocmts mb discussed by ohcne January 3. 1992, Maxwell Say site in Oronc. Please enter the contents of this 'letter 1n the record fcr the City Council’s soecial public hearing on January 6, 1992 Orcno City Administration Is to be congratulated for orovlding its citizens the opportunity for discussion and coiwnent on the concept of an access or. Maxwell 8ay. Dave English. Fijbllc Affairs Cocrdinator, of the Department of Natural Resources, will be in attendance Monday evening to listen to discussions and subseouently convey issues and comments to Department staff, and the Commissioner's Office. Tl'» Oepartnwit will not be making a presentation at the soecial public hearing. While we are committed to publio discussion and exploration of public access issues, it is of the ut."nost impcrtance that the format and setting for discussion be such that positive and ccnstrucfive dialogue among all interested and affected parties bo the result. In that connection, the next step in cur public Input process is the hosting of a public open house on Tuesday January 21. 1992 from 4:00 - 3:00 p.m. 1n the Orono Educational Link Suilding. The intention for this event Is to provide the opportunity fcr all people with an interest in the project to informally discuss concerns with DN.R officials, liie will p.-cv1de an up-dated version of the access concept plan at the ooen house. Please announce the open house particulars at yojr special puolic hearing. The ooen house scheduled for January 21, 1992 is a ccntinuatlcn of our commitment to comprehensive public involvement. As you kiow, we met Initially with City of Orono officials on November 6, 1991 to insure that you had first-hand information about the project. Through news releases, correspondence and Informal meetings we have sought input of adjacent property owners, local elected officials, the LMCO. the watershed district, the Lake Minnetonka Lakeshore Owners Association (LMLOA), and the Hennepin Couity Sheriffs Water Patrol. We also sent a representative to a meeting of Maxwell Bay residwits to hear their concerns. V#ien we presented a draft version of our project concept plan to the LMCO subcownlttee on December 19, 1991. representatives of the City and the LMLOA were also on hand. AN EQUAL OPPORTUNITY EMPLOYER » ..~.w \jf u •:r t •y t y li:f- fe’-'V . city of Opono Lottop Pago Two Januapy 3. 1992 minutes, from the hearing bofors January 14. 1992. Wo aro comnitted to work in partnership with the City of Orono. and others. In addrossing Lake Minnetonka public access issues. I hope that we can forgo a positive and trusting working relationship or this matter. SineiAly. . JU/4M Gordon Kimball Roglonal Trails and Waterways Supervisor f^loi 6 Trails and Waterways CC:Barbara Potorson, Mayor of Orono David Cochran, Chair LMCO Rsprosentativs Steve Smith Senator Oan Olson Dennis Asmussen Karan Bonon » • STATE OF ^DEPARTMENT OF NATURAL RESOURCES PHONCNO. 296-4800 riLE NO jMi e 5 January 16, 1992 CERTIFIED MAIL Mr. Gayle Wittig Gayles Marina Corporation 3366 North Shore Drive Hayzata, MN 55391 Dear Mr. Wittig: ORDER OF THE COMMISSIONER, LAKE MINNETONKA, HENNEPIN COUNTY Enclosed herewith are Findings of Fact and an Order relative to our investigations into you>- unauthorized excavation, filling and placement of structures below the Ordinary High Water Level of Lake Minnetonka, a public water of the state of Minnesota. The Order requires you to: fill the cnannel area excavated in April 1990, stabilize the bank along County Road 135 with natural stone riprap and remove the unauthorized channel markers. A time deadline of June 30, 1992 has been incorporated to allow sufficient time for restoration. P\irsuant to Minnesota Statutes, Section 103G.251, Subdivision 2, item C, the person to whom the Order is issued may demand a hearing on the Order provided the demand for hearing be filed with the Commissioner within 30 days of service hereof. However, if no demand for hearing is made by the person to whom the Order is issued or if that person demands a hearing but fails to file the required bond, the Commissioner's Order becomes final at the expiration of 30 days after the person is served with the Order and no appeal of the Order may be taken to the Minnesota State Court of Appeals. No bond or security is required of a public authority which demands a hearing. Minnesota Statutes, Section 103G.311, Subdivisions 6 and 7 require that if you file a demand for a public hearing you must execute and file a corporate surety bond or equivalent security to the State of Minnesota. The amount to be filed is $500.00 as set by the Commissione. The bond or security shall be conditioned for the payment of certain costs and expenses of the public hearing if the Order is affirmed without material modification; however, your liability is limited to $750.00. Bond forms will be supplied at your request. ^ ■AN tQUAL OPPORTUNITY EMPLOYER r ■I % fV * :.t 'y CERTIFIED MAIL Mr. Gayle wittig January 16, 1992 Page (2) If you have any questions, please contact Regional Hydrologist John Stine at 1200 Warner Road, St. Paul, MN 55106 (612/772-7910). Sincerely, Kent Lolckesmoe Director Division of Waters Enclosures cc: John Stine, Region 6 Waters Bill Clapp, Attorney General's Office Ron Quanbeck, Minnehaha Creek Watershed District David Jones, Popham Haik Schnobrich & Kaufman, Ltd. Gene Stronmen, LMCO ^City of Orono , Hennepin Conservation District Ren Harrell, USCOE Jim Konrad, C.O. Dave Zappetillo, AFM Jon Parker, AWM Wayne Barstad, Region 6 Ecol. Service:^ Gordon Kimball, Region 6 Trails & Wat ^r*ways John F(-x, St. Paul Waters Lake Minnetonka, Maxwell Bay (27-133P #24) file STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES In the matter of the alteration of the cross section of Lake Minnetonka (27-133), by Gayle Wittig, without a permit from the Commissioner of Natural Resources FINDINGS OF FACT ORDER VIHEREAS, it has been brought to the Commissioner's attention that certain excavation activities have been conducted in relation to Lake Minnetonka (27-133), Lots 8-12, Lydiards Park, SEl/4, Section 8, Township 117 North, Range 23 West, Hennepin County, WHEREAS, the Commissioner has conducted an investigation of this activity, NOW, THEREFORE, the Commissioner issues the following Findings of Fact and Order pursuant to Minnesota Statutes 103G.251. FINDINGS OF FACT I ' c th r s 1. Lake Minnetonka is a public water of the State of Minnesota as defined in Minnesota Statutes 103G.005, Subdivision 15 and has been classified as a public water pursuant to the inventory process in Minnesota statutes 103G.201, Subdivision 1. ■2. The jurisdictional boundary of Lake Minnetonka (27-133) is defined as the Ordinaury High Water Level (OHW) by Minnesota Statutes 103G.005, Subdivision 14. The OHW of Lake Minnetonka is 929.4' (NGVD, 1929), as ordered by the Commissioner January 24, 197tf. 3. Gayle Wittig, Gayles Marina Corporation, 3366 North Shore Drive, Wayzata, Minnesota 55391, is the owner of Lots 3-13, p.--' r, 4. 6. 7. Lydiards Park, Section 8, Township 117 North, Range 23 West, Hennepin County. DNR Permit 87-6100, which authorized excavation to a maximum depth of 924.0' in an area 520 feet along the shoreline and 230 feet waterward of the OHW, was issued to Gayle Wittig on June 3, 1987. 5. On February 6, 1989, the expiration date of DNR Permit 87-6100 was extended to November 30, 1989. On June 15, 1989, DNR Permit 87-6100 was amended to include the provision that no excavation occur during the fish spawning period, April l to June 30. Gayle Wittig's attorney, Steven D. Cook, sent a letter dated July 13, 1989 requesting that the maximum depth for excavation authorized in DNR Permi^ 87-6100 be amended to 921.6'. On August 31, 1989 the DNR denied the request to amend the maximum depth for excavation authorized in DNR peimit 87-6100 to 921.6', and amended the maximum depth for excavation to 923.6'. 8. Gayl wittig, through his own acts or those of his agents, did excavate and fil' in the bed of Lake Minnetonka, on or about April 15, 1990. 9. Representatives of the DNR and Minnehaha Creek Watershed District conducted an onsite inspection on April 25, 1990 and determined that excavation had occur' d outside the area permitted for excavation, below the maximum permitted depth of 923.6' and that filling had occurred below the OHW along the 11. lakeshore adjacent to County Road 135 10. A certified letter was cent to Gayle wittig on May 11, 1990 noting the results of the Aprix 25, 1990 nspection and informing Mr. Wittig that a more detailed field survey would be completed in order to determine appropriate restoration measures. The DNR also requested a written explanation of the April 1990 dredging activities from Mr. wittig. Gayle wittig responded to the DNR letter of May 11, 1990 in a May 21, 1990 letter. 12. On July 12, 1990 DNR survey crew members John Scherek and Lane Moll, Area Hydrologist Ceil Strauss and Hydrologist Joe Richter began a detailed field survey of the marina Inclement weather prevented completion of the «aterward portion of the survey and the crew postponed completing the survey until winter conditions to allow for accurate location of survey points and ease of access over the ice. 13. While on-site July 12, 1990, the DNR crew observed that nine (9) large wooden piling channel markers nad been installed along the east-west channel on the north side of the docks and along the north-south channel. These pilings were not authorized by permit 87-6100. 14. DNR Hydrologist Joe Richter attempted to contact Mr. Wittig, and three attorneys who had represented Mr. Wittig, on numerous occasions, both by telephone and certified letter. between December 14, 1990 and February 21, 1991 in an attempt to obtain permission to enter Mr. Wittig's property and m ri' f 16. complete the field survey. 15. DNR survey crew members Scherek and Moll, ecconpanied by Conservation Officer Jim Konrad, attempted to complete the field survey on March 25, 1991, but were unable to do so because of deicing aerators which created unsafe ice conditions in the area to be surveyed. On April 18, 1991, DNR survey crew members Scherek, Moll and Woodrich, accompanied by Officer Konrad, completed the detailed field survey. 17. The DNR Division of Waters prepared drawing #D-1529, dated M-^y 8, 1991, based on the survey data obtained July 12, 1990 and April 18, 1991. The drawing depicts depth contours for: a) the north-south channel, b) the north end of the slip area. and c) the barge mooring area to the west of the slip area. The drawing also identifies the locations of the wooden channel markers and the topography of the area adjacent to the fence on Hennepin County Eoad 135. 18. Copies of the May 8, 1991 topographic survey were mailed to Mr. Wittig, .Ae Minnehaha Creek Watershed District, Lake Minnetonka Conservation District and the city of jrono 19. The May 8, 1991 detailed topographic survey documented that a channel had been excavated extending approximately 250 feet to the north beyond the boundary of the area authorized for excavation by DNR permit 87-6100, with an average bottom width of approximately 30 feet (range 20-35 feet) and top width of approximately 40 feet, to a depth consistently below 'i,V 922.0'(NGVD, 1929), and as deep as 921.0'(NGVD, 1929). A total area of approximately 10,'^00 square feet was excavated outside of the area authorized by DMR permit 87-6100 20. The excavation, filling and structure placement by Mr. Wittig or his agents violates Minnesota Statutes chapter 103G and Minnesota Rules Parts 6115.0190, 6115.0191, 6115.0200, 6115.0201 and 6115.0210. In particular, Mr. Wittig's activities affected the cross-section of a public water vithout a valid permit in violation of Minnesota Statutes Chapter 103G.245. 21. The filling along the shoreline converts public water to upland in violation of Minnesota Rules, Part 6115.0190, subpart 3, item B. 22. The excavation was performed in mid-April 1990, in violation of the special provision (added to amended DNR permit 87-6100 on June 15, 1989) which prohibits excavation during the fish spawning period, April 1 to June 30. 23. On February 6, 1989, the expiration date of DlfR permit 87-6100 was extended to November 30, 1989. On August 31, 1989, when DNP. permit 87-6100 was last amended, the expiration date was not extended. The April 1990 excavation occurred after the November 30, 1989 expiration date of DNR permit 87-6100 and. therefore, was in violation of the conditions of the permit. 24. Minnesota Rules, Part 6115.0190, subp. 5, item B requires the disposal of the excavated materials at sites above the h i ; I'- 25. ordinary high water elevation, unless it is determined there would be a public benefit from redeposition into the protected water, and must be properly stabilized. Mr. Wittig deposited the spoil material on the lakebed below the OHW in violation of special provision #18 of the DNR permit. Minnesota Rules, Part 6115.0190, subp. 5, item C requires that the project represent the '’minimal impact" solution, and Minnesota Rules, Part 6115.0190, subp. 5, item D requires that the excavation must be limited to the minimum dim'-nsions necessary for achieving the desired purpose. By excavating in an unauthorized area, Mr. wittig exceeded the dimensions that had been determined as the minimal impact solution during the permit application review. In particular, by excavating deeper than 923.6'(NGVD, 1929) Mr. Wittig directly violated the maximum depth authorized by amended DNR permit #37-6100. In addition, Mr. Wittig was specifically advised that he could dredge to 923.6'(NGVD, 1929), but not to 921.6'(NGVD, 1929) in the DNR's August 31, 1989 permit amendment letter. 26. Minnesota Rules, Part 6115.0190, subp. 5, item F requires that the biological character of the waters and surrounding shorelines be affected to the minimum degree feasible and practical. By excavating in an unauthorized area, Mr. Wittig affected the biological character of an area in excess of the minimum feasible and practical. Potential habitat for fish spawning and food sources for a spectrum of aquatic wildlife were destroyed. i'' i*'- P" L 27. Minnesota Rules, Part 6115.0190, subp. 5, item I requires that the excavation be consistent with local floodplain and shorela.id regulations. Mr. Wittig excavated and deposited spoil material within the lOO-year floodplain of Lake Minnetonka in violation of regulations of the Minnehaha Creek Watershed District. 28. Minnesota Rules, Part 6115.0190, subp. 5, item J requires that the excavation be consistent with plans and management programs of local and regional governments. 29. Mr. Wittig placed structures, i.e. the channel markers, in violation of Minnesota Rules, Part 6115.0210, subp.5, which requires a permit for placement of structures. Mr. Wittig had no valid permit for placing the markers. 30. Minnesota Rules, Part 6115.0210 subp. 5, items A and E specify that structures must represent the minimum impact solution and be consistent with water and related land management plans and programs of local and regional governments. The structures (channel markers) did not represent the minimum impact solution since buoys are routinely used for marking channels and navigation hazards on Lake Minnetonka. Such buoys have a less detrimental impact on the aquatic ecosystem as the lake bed is not affected by driving pi±ings, etc. 31. Minnesota Rules, Part 6115.0210, subp.3, item A prohibits placement of structures that will create a water safety hazard. The channel marker structures placed by Mr. Wittig are a potential safety hazard since only small portions of the ‘ tV- ^ markers extend above the water level, the markers are not lighted and the markers are not flexible upon impact by a watercraft. 32. The excavation and improper placement of the excavated material is detrimental to the ecosystem and public values of Lake Minnetonka. -Some of the ecological values damaged by the excavation include: a. Destruction of fish spawning habitat either through outright removal of sand or gravel bottom and vegetation or through subsequent siltation of spawning areas. In Maxwell Bay, the species most likely to be affected are smallmouth and largemouth bass, bluegills and crappies. b. Detrimental impacts during the time of spawning. Dredging at the time of spawning will chase adult fish from the nests and destroy the nests.A special condition of permit 87-6100 is that dredging is prohibited between April 1 and June 30 in order to minimize impacts on spawning fish. c. Detrimental impacts to the benthic community since the benthos (lake bottom) is removed or disturbed during dredging. Biologically, the lake bottom is a very productive area and provides habitat for a highly diverse community including various worms, crustaceans, mollusks. and aquatic insects. The benthic community provides a vast quantity of food for animals living higher in the food web, including economically important species such 8 ll as fish and waterfowl. r d. Detrimental impacts to tne littoral ^:one (the near shore area). The littoral zone supports algae (microscopic plants),zooplankton (microscopic animals), macroinvertebrates (primarily insects) and macrophytes (larger aquatic plants) Dredging results in loss of habitat through plant remo^^al and a reduction in water clarity. e. Detrimental impacts to the lake ecosystem. In a balanced lake ecosystem, or ecological laJce community, the plants and animals are kept in a balance. In a lake ecosystem where there have been disruptions or stress, there can be many detrimental impacts, including: 1) a decrease in the diversity of aquatic organisms, 2) an increase in parasites or diseases affecting the aquatic organisms, and 3) an increase in nutrients that are not efficiently utilized by preferred plants and animals and thus increases in duration and density of nuisance algal blooms. Dredging in this incident negatively impacts the lake's ecosystem which adds to the overall decline of the lake's environmental condition. 33. Department of Natural Resources staff have determined that the area of excavation (done in violation of state statutes and rules) should not be refilled with the original excavated materials, or other fine soil materials. Such materials would cause more detrimental impacts to the ecosystem of the lake r-. ‘J- than benefit, resulting in turbidity and sedinentation. However, filling the excavated area wich clean pea gravel would partially restore the ecological values that were destroyed by the unauthorized excavation. Clean gravel would provide a stable base for potential fish spawning. Filling the area will restore depths nore condu-.ive to plant growth for habitat and food sources. 34. In accordance with Minnesota Rules, part 6115.0080, subpart 2., Mr. Wittig is responsible for paying a field inspection fee. The fea charged is the actual cost of the field inspection, but shall not be less than $100. The total cost of the field inspections at Gayle's Marina, including the survey and analysis of survey data, is $1,027.51. 35. The above facts are sufficiently clear so as not to necessitate a public hearing. ORDER A. The Commissioner does hereby waive a public hearing hereon pursuant to Minnesota Statutes Section 103G.311, Subdivision 3, and 103G.251 B. Gayle Wittig is hereby ordered and directed to undertake the following: 1. To fill all excavated areas outside of the area authorized by DNR permit 87—6100, including the channel excavated (as identified in Attachment A), to 923.6' (NGVD, 1929). The area shall be filled with clean gravel or pea size rock such that the lakebed is restored to the original cross-section, as nearly as possible, which existed before the excavation took place, or 923.6' (NGVD, 1929), whichever is lower. 2. To stabilize the bank adjacent to County Road 135 where excavated material was placed (as identified in Attachment A) . The bank shall be stabilized with natural stone riprap and in conformance with the following conditions: ',•1 i. a. the natural stone riprap shall have a minimum diameter of 12 inches and shall extend no more than 10 waterward of the ordinary high water elevation of 929.4' (NGVD, 1929) , b. the bank may be regraded to form a stable base for riprap placement and shall have a maximum slope of 2:1 (horizontal to vertical), however, no regrading shall occur more than 10 feet waterward of the ordinary high water elevation of 929.4'(NGVD, 1929), c. a 6-inch thick layer of well-graded gravel or crushed stone, or suitable filter cloth shall be installed to prevent undercutting of the riprap. 3. A flotation silt curtain (MNDOT spec. 3987 or equivalent) shall be installed around the riprap area and the channel restoration area before any work commences, and shall be f. left in place during the project in order to liTiit turbidity to the affected areas. The barrier shall be removed upon completion of the work, after sediment is settled. 4. To have a contractor with a valid dredging contractor license from the Minnehaha Creek Watershed District perform the required restoration work. 5. To notify DNR Regional Hydrologist John Stine, 1200 Warner Road, St. Paul, MW 55.106 (telephone 612/772-7910) 10 days prior to beginning any restoration work. 6. To remove the channel marker structures. The structures may be replaced with a buoy system that is in conformance with requirements of the Lake Minnetonka Conservation District and the Hennepin County Sheriff's Water Patrol. 7. To complete the required restoration work by June 30, 1992. 8. To notify DNR Regional Hydrologist John Stine when the restoration has been completed such that the DNR Division of Waters survey crew can perform an as-built survey of the restoration area. 9. To comply with all rules, regulations, requirements of applicable federal, state and local agencies 10. To notify DNR Regional Hydrologist John Stine of any intention to sell the property involving the violation. Furthermore, the owner shall inform any prospective buyer of said property of the obligations imposed by this -^1 ^_ _I _ t- r V* order. 11. To pay fees for inspections and surveys performed by the Department in the amount of $1,027.51 (paid in the form of a check or money order payable to the Department of Natural Resources). 12. To pay monitoring fees to the Department of Natural Resources. The fees paid shall be the actual costs incurred by the Department for monitoring the restoration and performing the as-built survey. 13. To refrain from future violations of Minnesota Statutes Chapter 103G relating to Lake Minnetonka or any other public waters of the State of Minnesota. IT IS SO ORDERED this /<> day of , 1992. COMMISSIONER OF NATURAL RESOURCES by: Kent Lokkesmoe Director, Division of Waters ■'r’' ■. ■OAPID MCMtERS OavM H. C«e»*»«n. CMlf OrMnwePd TofflRMM.VIetCM)' Movn^ OovgiK c taftcoch. fiaeraia^ 8p> nPatV J. P.teaw' ‘«ai, Trvaaurar Miwatonha Baach •eon Canaan Mmnauiata Alban (Ban)Potiar Ombavan Jamal N. Ofithwai Eicaiaiar JeEMn L Hutr Omno WiMafflA.Jahna'ono Minnaionlia OuinaMarkua Wayiata Oaoiga C Owan vidona Tam Pan" Tonka Bay Robannaaeop •norawood Aabon i- Slocum Woodland LAKE MINNETON 900 EAST WAYZATA BOULEVARD. SI Poa»*ii' brand fax iransmltial memo 7671 »of • / i' f A: ✓v'wv-y 1 <<■ Co D«pt.^hont• ^ '/V? - > =5 V73'Ve-.^3 Januory 23, 1992 Mr. Gordon KimbAll Region.l TraiU and Watarwaye Supervisor Region 6 Tiiilfl and Waterways MN DEPARTMENT OF NATURAL RESOURCES 1200 Warner Road St. Paul, MN 55106 Dear Mr. Kimball, The LMCO Board of Directors considered your proposal of January 9 and subsequent Proposal 02 of January 16 concerning the option for a public access on Maxwell Bay, Lpke Minnetonka. The board is pleased with your proposal to broaden the DNR access option to study the feasibility of purchasing and developing the Gayle’s Marina Site, residential property located between the two marinas, and Laxeside Manna. It also supports establishing a task fores to include representatives of the DNR. City of Orono, LMLOA and other interested citizens to implement the Lake Minnetonka public acceas siting piocesa as called for in the Kanagament Plan for Lake Minnetonka. The board took action at this meeting to appoint Jim Crathwol, Excelsior, as task force chair. Tha Boerd further agrees to coordinate a funding request with the DNR to a combination of sources. It accepts :.‘tsriKCP and City of Orono support for funding a siting program for Lake Minnetonka to reach the 700 ear/trailer parking requirements. Hhil. .upportin* th. .bov. inlti.tiv.. to move promptly on r.aolvln, th. car/tr.il.r p.rkin, n.ed. for L.ke Minnatonka the board requests that the DNR does not exercise its option to purchase the Strahley property on Maxwell Bay. We look forward to continue thia public access siting proce.a on tSa Joint effort w. have all recognized as a priority for Lake Minnetonka. Sincerely. LAKE MJNNETONKA^ONSERVATION DISTRICT IM L^E MJNNETONKA^ONSERVATIUN ui&ini' —- R. Strommen Cl City of Orono LAKE MINNETONKA CONS PosMf' brand fax transrnifta! memo 7671 j*e(eH«. ► / /-T*/C>r/u^ " /U, O.pi ^L'A ^ i-f V/’? r -/y?' 9.' ^ 7 LAKE ACCESS, Chair Jim Grathwql PURPOSE is to titablish a plan to maat the Management Plan lake p”ici.. d.v.Jop.d ir th. 1983, 1966 T.,k Fore, eeudr... COAL Involve, coordln.tion of an i„g Inventory, etudy end e.....m.nt Anar^at at public launch ramps to meet the 700 reiiaoie ear/trailer objective. Agencies sharing authority on aceesB include MN DNR, cities, counties, Metropolitan Cou , MTC MN^Pepartment of Trade and Economic Devalopmont. Hennepin the MCWDp Interested org«Trilzijt .ons IfiClucIt, LMj-OA, sports fishing, boating. i:“'‘E:»bn.h'’i"tlr“ in ddflo; eccept.bl. l.ke .cc.ee, JJiJ-round, including rempe. l.kesido and remote ind trailers, parking, with handicapped access and signag . c^/rrllJ.r I.rUnL id.ntifylne eU .Kietln* remp. end c. ;":itr:''pUn%rr'iirprovid. LHCO-epprov.d bo.t ecc... rainoft with 700 reliable car/trailer parkifig spaces, d or oth.r«ie. improve rh. efficiency of exl.l.n* r.mp. ‘Rreoi;: lL”r»NR‘S.:C:i'l‘Be“‘.ccn.*'propoi:rin .coord vh^rrrlI'r.?^rr^r:rd^:in:? “ilr.l! thll Sr. the ba.i. for objoclJon. r.ieed by I or® access properties. e 1/23/92 v*- ■ 6;? 4 fT| , ® I/* i||L - "\-ier-^ ' II ■S f .nlT - :~U |MI Mr , "IVV®»| /A/// • J XWWsI OT//// : t I«'/'/«' ; |lSlS*aiS;|SIS:? j?^^5SPw»^ Simyil i •~"V ■^'1 s . .. ■■y.-’y:i^x f ■ A .-^-, mi' ‘ V m: g 'm\ 'Mp . ■- -V- ‘" y*'.; I ■■ ■ 'M p'*P--P*J^i^. * : ^ ' .;. ■■ "i*' ■■■■ ..Si-i, . iii, fc:. '% ■ii^r-y" i I ■■■ . -g/v-' •■ -■;:’r V 'i i;", •■ -? 14"" "31: ’< •'■'mMm, ■^w *”! * • I .:?-■■ ■M IMO aavratamivB Pljn MOM WarndKimm PK IteKJlutlcn #1135 aaoptid 4-14-iO o m nn MBA •MiMirma. (PwtS VX * VII) pf. |OI OQ^pritMMlv« PlJn Mantent h*w«M Mfloliitian #1337 atoptaa 11-23-il MUSA adSltioM par Oca^ntanalaB Plan laaiiilwiiT «1, RaK>luticn *2U1 «k]pt«l 2-23-17* ..r ,r i } i H S^1TSSS^'*-SS.UBSI 5-23-W MHA alditiona pcopoaal for aac^tim In 1^ 1990, to Inclata propartlaa pravlau^ aarvad with aawar taut navar includad-in MUSA Boundariaa * Parta VI * vn waca uiata a aarU y za-ailaptad in HaaolMtinn 92131, in aiMltican to tw> nw ataaa. 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