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HomeMy WebLinkAbout04-22-1991 Council PacketAGENDA FOR CODNCIL MEETING SET FOR MONDAY, APRIL 22, 1991, 7:00 P-M. (*) Asterisk items are considered to be routine items to be enacted uoon by one motion by the City Council under the Consent Item* on the agenda. Discussion wilx 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. ROLL CALL 1.CONSENT AGENDA* APPROVAL OF MINUTES • 2. Regular Meeting of April 8, 1991 PUBLIC COMMENTS - (Limit 5 Minutes Per Person) ZONING ADMINISTRATOR’S REPORT . **APPLICANTS**Immediately after the Council has reeie%#ed 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.#1497 Gerald Toberman, 1960 Shoreline Drive - Conditional Use Permit - Resolution 4.#1629 McNulty Construction, 1700 Fox Street - Variance - Denial Resolution 5.# 1634 Jim & Joan !!aus, 3700 Bayside Roaa - Variance - Resolution 6.#1636 Steven Tibbetts, 1810 Shadywood Road - Variance - Resolution 7.#1637 Spring Hill Land Company, 725 Sixth Avenue North - Conditional Use Permit - Resolution CONTINUATION OP PUBLIC HEARINGS , . 8.#1623 Keenan Richardson, 2500 Woodhaven Drive - Conditional Use Permit - Resolution 9.#1626 Tim Traff, 2683 North Shore Drive - Variance ENGINEER’S REPORT 10.Request for Payment #6 - Pumphouse No. 3 MATOR/COUNCIL REPORT 11.Planning Commission Appointments 12.Joint Council/Planning Commission Meeting *13,Proclamation Westonka Senior Center Week -Resolution CITY ADMINISTRATOR'S REPORT 14.Joint Use Dock License, 3995 North Shore Drive 15.Stubbs Bay Sewer 16.City Facilities 17.LMCD Comprehensive Plan 18.City Communications 19.Police Chief Selection Process 20.Police Personnel Employment 21.Public Safety Service Discussions 22.Sewer/Water Rates 23.Strategic Planning 23A. Solid Waste Agreement - Hennepin County 1991 -Resolution L AGENDA FOR COUNCIL MEETING SET FOR MONDAY, APRIL 22, 1991, 7:00 P.M. * * * * * * * « # 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. CITY ADMINISTRATOR'S REPORT Continued ♦ 24. Weight Restrictions Removal 1991 Coniinunity Service Officer Appointmenw Letter of Appreciation - Lt. Moran Municipal Board Process Highway 12/City Position Step Adjustment - Lin Vee Step Adjustment - Gregg Palmer Step Adjustment - Wayne Quast Temporary Employment - Parks Dog**ReguUtion°aI!d”Licen^ - Ordinance Amendment ADMINISTRATOR'S INFORMATION Planning Commission - Ordianace Reviews Spring Hill Reduction Regulations of Clubs Development/Medina Dunwoody/Shoreline Drive DARE Program Letter Administrator's Goal Setting Status February Receipts and Disbursements Wire Transfers CITY ATTORNEY'S REPORT LICENSES (36*) BILLS (37*) adjournment 4 4 30 30 ^ « I7i • ^ • m • UPCOMING ISSUES AND EVENTS 04/22 - Council Meeting 04/27 - Police Vehicle Auction 04/30 - 1991 Board of Review 7:00 p.m. 05/04 - Spring Clean Up - Saturday 8 - 05/11 - Spring Clean Up - Saturday 8 - 05/11 - Police Auction 10:00 a.m. 05/15 - Policy^Committee Highway 12 Corridor (3rd Wednesday) 05/20 - Planning Commission 05/21 - School Board Election 05/27 - Holiday - Memorial Day 05/28 - Council Meeting - Tuesday . ^ ^ , , 05/28 - Technical Committee Highway 12 Corridor (4th.uesday) 05/28 - Citizens Committee Highway 12 Corridor (4th .uesday) •I'fc:-' ?.V r..- i ^' "^■: ■ 'K -','iv::'v n >’nII * a/ne &As 05^ A/.cune. I !■« I OHsi BoR(c,t<? Lt “T^ M I \fc/^ \u V-3t< ifcr^ LSm ^ ^ V O ./> >x R.-/, r uipt-v 7bi'"-’ v' /•'' «v- A / V r'-- 7 *1K j ' f.C.M -* ^ l' ( ti *5 7 So ^r' ^ t »' ,VJ^> - ^h^t'c y^ . /5" ^'I'A ^ ^-o^vS. ^y t’*- JLVv<.s/c -V l5 -----1 % MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD APRIL 8, 1991 ROLL CALL: 0>U i The Council met on the above date with the foxlowinf |fl«nbers/i>^ *4ppg30fjts Mayor Barbara Peterson* Counci Imembers J • Goetten, Edward Callahan, Gabriel Jabbour and Mary Butler, following represented the City Staff: City Administrator Mark Bernhardson, Building and Zoning Administrator Jeanne Mabusth, Public Works Director John Gerhardson, Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Tnomas Barrett, City Engineer Glenn Cook, and City Recorder Laurie Scheffler. Mayor Paterson called the meeting to order at 7:00 p • rn • ^^0 (tl*)COMSENT AGENDA It was moved o/ Ca3 )>.' lan, seconded by Jabbour, to approve the Consent- Agenda. All voted .eye. Motion passed. (#2*)APPROVAL OF MINUTES: It was moved by Callahan, seconded by Jabbour, to approve the Minutes of the Regular Council Meeting held March 25, 1991. All voted aye. Motion passed. PLANHIMG COMMISSION COMMENTS: Maureen Bellows, Planning Commission Representative, had not yet arrived at this point in the meeting, but did so shortly after. PUBLIC COMMENTS: None. ZONING ADMINISTRATOR'S REPORT: (•3*)ZONING FILE #1497-TOBERMAN 1960 SHORELINE DRIVE CONDITIONAL USE PERMIT It was moved by Callahan, seconded by Jabbour, to table final action on Gerald Toberman's Conditional Use Permit for the property located at 1960 Shoreline Drive until the April 22, 1991 Council meeting. All voted aye. Motion passed. (#4*)ZONIMG FILE 41555-E.N. BLANCH. JR. (LANDSTAR. INC.) 2501 OLD BEACH ROAD FINAL SUBDIVISION-RESOLUTION #2947 It w.as moved by Callahan, seconded by Jabbour, to adopt Resolution #2947, approving the Plat of the Marsh at Lafayette. All voted aye. Motion passed. PUBLIC HEARINGS At 7:02 p.m., Mayor Peterson opened the Public Hearing for agenda item numbers five through ten, and the Affidavit of Publication was duly noted. - 1 - REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 (15)ZONING PILE #1457>ALAN CARLSON 3140 WATERTOWN ROAD REVISED PRELIMINARY SUBDIVISION-RESOLUTION #2948 Gary Peterson was present o;* Alan Carlson's behalf. Sernhardson explained the reasons Mr. Carlson has come back to the City with a revissd plan, and outlin>?d the proposed revisions. Hs informed Council of the function each designated Outlot (A through E) will serve. Bernhardson noted that the Plannina C<5mmission unanimously approved the revised plan. Planning Commissioner Hanson asked Mabusth to provided clarification about the temporary easement proposed. Mabusth replied, "A temporary easement will be provided from the cul-de-sac through the southern portion of Lot 2. Block 2, providing access to the lot." Mabusth stated that she had spoken with Alan Carlson, and he had raised two questions. She asked Gary Peterson if he would like to have those questions addressed by Council. Gary Peterson indicated that raised and addressed. he would like the questions Mabusth advised that it is Carlson's intention to include all of what is now designated "Outlot B" witn Lot 5, Block 1, with the exception of a 23* strip which will serve as a walking path to access Outlot C. She added that Carlson has withdrawn his application involving the tennis court, gazebo, and bike paths. Mabusth suggested designating the walking path/access as part of Outlot C. She added that Outlot C would become Oi.tlot B, Outlot D would become Outlot C, and Outlot E would become Outlot 0, since there will now be only four Outlots. Gaffron showed the location of the walking parh access to the newly designated Outlot B as it follows the westerly property line of Lot 1, Block 2. Butler noted that the plans for this subdivision had changed several timeSf and asked Staff for clarification. Mabusth explained that the major reason for the revisions was due to the applicant’s inability to get approval from the Corp of Engineers for bike paths through the commons area. She said* "Alan Carlson has withdrawn his Conditional Use Permit/Varlance application in light of that, and is no longer proposing the tennis court or gazebo. He is now proposing only hiking trails through the commons area, which will be limited by the Corp of Engineers to be no more than 10,000 s.f. of area. That is the reason for the change in the Outlots." - 2 - t. REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 (#5)ZONING FILE 11457-ALAN CARLSON CONTINUED Bernhardsor aided that the Fisn and Wi . ife, and the c,r« would not review Carlson's application for the bike trails unti. the City had granted preliminary plat approval. Butler fiSkad if elimination o: Outlot B would impact on the Planning Commission's recommendation. have any Bellows stated that combining Outlet B wif' Lot 5, Block 1, made sense and would be more beneficial for the development o the property and protection of wetlands. It was moved by Butler, seconded by Goetten, to adopt Resolution #2948, based on the Planning Commission's findings, as amended to include the re-designation of Outlots d le to the combination of Outlot B witn Lot 5, Block 1, except fo; a .. oo^ wide strip that will remain and serve as an access to what wi..* now be known as Outlot B. All voted aye. Motion passed. (#6)ZONING PILE #1622-F. JOHN HARDIN 1496 PARK DRIVE VARIANCE-RESOLUTION #2949 John Hardin was present. Gaffron showed a sketch of Hardin's proposal, comparing the exterior appearance of what now exists, to the way the house will look with the proposed addition. He stated that the Planning Commission hr«d recommendt*d approval aft-^r reviewing the applicant's construction plans and the floor pi - cl the house. Gaffron noted that the Planning Commission had aiso based their recommendation on the proximity of other houses in Mr. Hardin's neighborhood in relation to the street. Mayor Paterson asked Hardin if comments. he had an.- additional Hardin e>;plained that he will need house as he plans to marry this summer, was constructed with four small bedrooms only '^0 s.f. of the porch addition will yard setback area. He added that where ,28 feet from the road, it will actually surface. additional room in the He stated that the house . Mr. Hardin noted that encroach into the front the porch is shown to be be 14 feet to the paved It was moved by Butler, seconded by Mayor Peterson, to adopt Resolution #2949, as prepared by Staff, approving a fron : yard setback Variance to construct an entryway and covered porch to an existing residence. All voted aye. Motion passed. - 3 - REGULAR CITY COUNCIL MEETING HELD APRIL 3, 1991 (#7)ZONING FILE #1624-DAVID CARLSON/SHORELINE MARINA & YACHT CLUB 1955 SHORELINE DRIVE COMMERCIAL SITE PLAN REVIEW David Carlson, and Steven Fich*ei h:s architect, wr-re present. Bernhardson provided a historical r-;view ot t.ie Marina property and previous applications, stating that Council is being asked to approve the Commercial Site Plan, which now includes a two—story clubhouse. He noted that one of the issues raised by the Planning Commission during tiieir review was tnat of tne underground gas tank and do'tk fueling station. He referred Council to a May 6, 1986 letter which was sent from the City to all Orono Marinas setting forth regulations pertaining to marine service stations. Bornhardson added that the PCA has regulations pertaining to marine service stations. He said, "The subject marina was inspected in 1983, as part of a property transfer. The company that testad the tank has indicated there have bean no problems." Mabusth referred Council to a March 28, 1991 letter from a company by the name of "SEAC03" confirming the statis of the underground storage tank. Tie letter also refers to upgrades that must occur to the tank by December 22, 19''>3 and 1998. She ^ tigince the Mtrch 20, 1991 llanning Commission meeting, Staff has learned that the PCA does have stringent rules and regulations. Tney require the keeping and reporting of monthly logs, and perform inspections at certain intervals, based on the age of the tank. Mayor Peterson asked Sr.aff Engineer's comrents pertaining to washing away. to elaborate a portion of on the City the sea wall Cook e.cplained that there are several areas that require another application of rip~rap. He said, ' I do not believe that the first application of rip-rap was done as it should have been. Once the area has been redone, we will go back and inspect it. Y.ayor Paterson asked if Staff would make periodic inspections of the wall. Cook stated that is not usually done. Mabusth added that the property has been neglected for some time and that repairs and maintenance were not done. She suggested that may now change with regular attendance of an owner and manager on the site. Goetten asked when the clubhouse might be completed and the new marina open for business. - 4 - REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 (17)ZONING FILE 11624-CARLSON/SHORELINE MARINA CONTINUED Steve Fichtei stated that they hope to betin construction as soon as possible. Goetten commented that the b> ilding i; character of buildings one would fiid in Orono. suited to the Butler asked if the building will meet the City's hsight requirements. Mabusth advised that the maximum building height for this Zoning District is .30 feet, and the building, at its highest point will be 2u feet. With respect to the Planning Commission's concerns regarding the underground gas tank, Jabbour asked if anti-siphoning valves are included as a feature on the tank. H? cited an example where gasoline had leaked into Crystal Bay fron a mari.ne service station malfunction. David Carlson explained, "There is a safety device built into this particular tank that would automatically close the tank off s.hould line pressure drop toward the like. Tne State required that safety device in 19:32 when the tank was installed. Gasoline leaking into the lake will not occur as a result of this safety valve." Callahan stated that it will take a considerable period of time for the more restrictive PCA regulatio.ns to come into effect. He said, "We have a lake that needs protection now, so it may be appropriate for the City to require the tanks to meet the PCA’s standards at an earlier date. In light of that, we should perhaps consider the issue of the gas tanks separate from the buildingproposal. In relation to the structure proposed for this property, I would like to know what activities may occur in it. The structure is b«aing referred to as a clubhouse. VJlll liquor and food be involved? Will it be a bottle club?" Carlson replied, "The second floor, which will be a clubhouse, will be strictly for the use of the boaters in that harbor and their invited guests. It will not be open to the general public. I would like to put in a minor kitchen with a wet bar, and a fireplace. The clubhouse will not be a bottle club or a bar, and there will be no bartender. I would compare it to a meeting o.t p.irty room that is available in apartment complexes." Callahan stated that the party rooms to which Mr. Carlson is referring, do involve the ability to have liquor. He said, "I am not raising any objections, I would jiist like to know the intended use of the structure." - 5 - REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 (#7)ZONING FILE #1624-CARLSON/SHORELINE Bernhardson s^.ated that the Barn Country Clvib did apply for a bottle wanted to have control over the sale of He said, "The Vioodhill Country Club from the Barn facility. They had allwwiiiy people to irin^ ih thei. . not certain that having people bj. i constitutes a legal problem, but it may Staff will research that further." MARINA CONTINUED facility at the Woodhili club license because they liquor from the facility, actually dispenses liquor liability concerns about liquor for parties. I am ■ig in their ov/n liquor pL oDlem.pose a liabili"--1.- * Mr. Carlson stated that he has not purchased dramshop insurance, but his insurance policy for the marina ^oes include liquor liability in the event of an accident. pertaining to gas tank regulations s.ibsequent Lmmercial Site Plan, the applicant should be advised that will be required to comply with the ordinance. Ar- Toutangeau, 2050 Spates Avenue, asked what hours of operation have b-en e.stablished for tie ra.irina, a.n^ more the marina was in operation. Carlson indicated that he had not given any thought to hours problem with setting reasonable nours. ' Goetten stated that she wants to see specific hours set. S-2C=3=5'i==S where the City's legal authority in this regard star.s and ends. Jabbour asked if it is necessary for the City to license a private club. Bernhardson stated that the City has no licensing requirements for t.te club itself. It is the liquor aspect that may require a license. Jabbour stated that this is a prime example of why marina licensing should be reconsidered. He said, "We are now trying to tie in all these restrictions with a process of reviewing - 6 - REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 (#7)ZONING FILE #1624-CARLSON/SHORELINE MARINA CONTINUED building and landscape plans. In my opinion, the pnysical aspect of the building should be separate from tie use of tne property. I think Mi*. Carlson should be given approval t *> b-iild the structure as he is proposing, and the City should establish a licensing procedure to review the other issues on an annual basis. No matter how careful we are to consider all aspects of this operation, something else will arise between now and this time next year. I think we need to have a process where issues can be addressed as they sjrface. I nm in total a5reement with Councilmember Callahan. We need to be concerned about the issues involved with all of the marinas in Orono, not only this one. I do not know tow the City can monitor these issues if we are not licensing marinas.” Barrett advised tliat Subdivision 8 of the S-2, •' • hore Business District, includes performance standards ■ . t a lakeshore business m-:st meet. He said, "One o those requirements is that the maximum hours for operation shall be 7:00 a.m. to 13:00 p.m. for retail sales and service functions. If it is determined that making a facility available to club members for meetings or er.tertainment c *nstitutes a service function, then it would be required to comply with those hours." Council agreed that the land issues, minus the gas tank, should be addressed separately from the use issues, which should be addressed through a licensing process. Jabbour stattid that Mr. Carlson should be aware of the concerns raised by Council this evening tliat have yet to be addressed, .so that he may take those into consideration when making improvements to the property. Jabbour said, "I do not want Mr. Carlson to make substantial improvements and financial commitments to the property thinking that the City Council has approved, or will not restrict, the manner in which the facility operates. T*»e operation has not yet been defined." Goetten concurred with Jabbour. .•ames MacKinnon, Attorney for Shoreline Marina & Yacht Club, asked if Council would take whatever action necessary at this point so that t>e construction process could begin immediately. He also cautioned Council about the possibility of setting restrictions which may only pose more problems. He said, "If someone is having a party in the clubhouse, and they wish to do so late into the evening, they are likely to go to their boa:: to party once the clubhouse closes. I would think it better to have the party going on inside, rather than on a docked boat." Butlar askf?d how the City regulatas the gazebo at the Windward Marine, which, in her opinion, serves the same purpose and the proposed clubhouse here. - 7 - 11 REGULAR CITY COUNCIL MEETING HELD APRIL d, 1991 (#7)ZONING FILE 11624-CARLSON/SHORELINE MARINA CONTINUED Bernhardson dd not bf>lieve tie City regulated aiytliing beyond the zoning issues. Mabusth was not sure that the Viindward Marine is utili.-ed as a clubhouse, in the way the Shoreline Mama structure would be used. She indicated that she is not avare of any restrictions that were placed on the use of the property, ’nd noted there have been no problems or complaints. Jabbour commented that the owner of Viindward Marine resides across the street from the facilit,. It was moved by Jabbour, seconded by Butler, to approve the Commercial Sito Plan for Shoreline Marina and Yacht Club, which pertains only to the physical improvements on the property. Tie remaining issut- pertaining to operation of the facility shall be addressed throug- the City’s marina licensing process. It v/as al.so agreed tha" the Planning Commission be directed to review the issue of underground gas tanks from an ordinance standpoint. All voted aye. Motion passed. (t8)ZOMING FILE #1625-DON OLSON 4590 NORTH SHORE DRIVE VARIANCE*RESOLUTION #2950 Don Olson was present for this matter. Bernhardson provided a brief explanation of Mr. Olson's application. He noted that though the request is to connect two accessory structures, the combined structure will not be used to house animals. Bernhardson advised that tne Planning Commission had unanimously recommended approve of this application. tt was moved by Butler, secondt?d by Goetten, to adopt Resolution 12950, approving the Viriance required to have an accessory structure nearer to the street than the principal gtfucture, and a 6’ side setback Variance, in accordance with the Planning Commission's recommendation. All vot.jd aye. Motion passed. (#9)ZONING FILE fl628*MARR a SARA FINNEY 4195 HIGHWOOD ROAD VARIANCE-RESOLUTION 12951 Mark and Sara Finney were present. Bernhardson reviewed the issues raised in Jeanne Mabusth*s memo dated March 8. 1991, as well as additional conuv.ents made subsequent to the March 13, 1991 Planning Commission meeting, which she included in her April 2, 1991 memo. Mabusth stated that Staff and the Planning Commission recommend that the lakeshore stairway structure should be treated - 8 - REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 Ik. (#9)ZONING FILE #1628-FINNEY CONTINUED as any non-conforming structure. 5ne snid, "Clearly, this structure would never have been aporoved. The City would only have allowed a four-foot wide staircase, and four b/ four foot safety landings on bank such as this. If any repair has to be done to this structure, it has to come before the Council for approval. Staff does not have the authority to issue building permits for repairs in such cases." Jabbour noted that the structure was built subsequent to the adoption of hardcover and lakeshore set^-iack ordinances in 1^75. He questioned why Staff's recommendati >n is to designate the structure as non-conforming. Mabusth explained that the structure ,'as built eight to ten years ago, and that the Finneys are the second owners of the property since that time. Sne added further that at this point, the stairv/ay structure is helping to support the bank. Butler noted that the applicants are not being asked to address the stairway structure at this point. Bellows explained that the Planning Commission viewed this situation the same as they wouli a case involving a boathouse structure. She said, "The City does not require a person who purchase* a property with a boathouse to immediately tear it down. When the structure requires repairs, the issue of removal is then addressed. I would suggest that in this case, since the Finneys are being asked to address the ®rosion p,roblems, that a long term portion of that plan includi a way to bring the stairway structure into compliance, while allowing it to continue to support the bank." Jabbour noted that the City really cannot force the Finneys to provide erosion control. If the Finneys so choose, they can allow the bank to slide into the lake. Mark Finney conimented that they had tried to do all they can to control the erosion by planting whatever they can get to grow and hold the bank. Sara Finney stated that the problem goes much farther than just their property in that water coming from neighboring properties also washes down their bank. Jabbour referr«»d to an application involving a similar structure which was constructed without permits on Big Island. He stated that there needs to be a more specific distinction made as to why these two applications should be viewed differently. Bellows explained that from the Planning Commission's point of view, there is a distinction between a structure that is - 9 - f'l- f € regular city council meeting held APRIL 8. 1991 (#9)ZONING FILE fl628-FINNEY CONTINUED conscientiously constructec a/oidin? tie permit process, and a structure that already exists on a property when it is purchaseo by new owners." Bernhardson stated that the C: f. could opt to treat both property owners the same, going after them as violations, in the applications to which Councilmember ^ibbour is referrincg. He advised that has not been the City's policy in the past because the City only pursues complaints or changes to those structjres. He said, "In the Finney’s case. Staff is recommending that the 5tructure be authorized under this appliv-ation. Jabbour added, "Especially c e «3tructure is supporting the bank. i-.o the fact that the It was moviid by Goetten, sseconded by Butler, to adopt Resolution #2951, granting an average iakeshore setback Variance, based on the- Planning Commission's recommendation. All voted aye. Motion passed. (ilO)ZONING PILE #1629-MCNULTY CONSTRUCTION 1700 FOX STREET VARIANCE .James McNulty, McNulty Construction, was present, as was w. D. MacMillan, one of the owners o: the subject property. Bernhardson summarized the request by McNulty Construction to construct an addition onto an existing private tennis facility. He noted that with the proposed addition, the footprint area would exceed that approved for this building in 1987. However, the square footage of the btiilding, with the addition, would be approximately 1,000 s.f. less than than what had originally been approved. Gaffron further commented that the P;.anning Commission recommendation was split two to two. He said, 'Two members felt that the original approval conditions and findings were still legitimate, and that the screening had been done appropriately. The other two members felt there was not sufficient hardship for the original approval, and that was still the case." Goetten stated that she had voted to approve construction of the building with the 1937 application. She felt that the applicant should be allowed to add on the equivalent of square footage that was initially approved, but not constructed. Butler thought the structure to be excessive, and agreed with the Planning Commission members who did not believe there was sufficient hardship to approve the size of the original building. She said, "I cannot see any justification for creating an even greater mistake." - 10 - i mP'; REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 1 )87 (#10)ZONING FILE #1629-MCNULTY CONSTRUCTION CONTINUED Mayor Paterson stated tnat sne n.ia voted against the apolication request to constrjot t.te bui.dinq oecaj^e ohe could not f..nd sufficient hardship to vote in favor. Sne indicated that she could not appro/e the addition. Jabbour indicated that he was ready to ttake a tiotion to deny the application. Jim McNjlty asked far the opportunity to Council, and Mayor Peterson gave him the floor. address the McNulty stated that at the time the l')87 application was being reviewed, he d:.d present what he believed were the hardships involved with the unique property owned by the MacMillan family. He said, ''I believe one of the reasons the tennis court structure was approved is that it better facilitates the use of this 13.5 acre estate. One of the findings, stated as a basis for approving the structure, is that it has allowed for the preservation of the ’ Country-Frencn' ho.ne al.io located on this property. The hardships and findings cited by Council at time they approvtjd the building, are part of the public record. Aa part of the agreement between the Council and the applicant, the applicant agreed to severely restrict his future ability to further develop tne property. Ti,cse restrictions have been recorded and will perpetually remain in the chain of title. That is a very unique arrangement, in my opinion. I believe that thoae restrictions por.e an evon greater hardship this property, than those that e.xisted in 1987 . The building would have required h Variance to be constructed, regardless of whether it was constructed under the ordinances in effect in 1)87, or in 1991, after the City adopted a new ordinance. VJe are asking that Council allow us to do what they granted us permission to do back 1937." Mr. MticMillan stated that h.\s family has pc?rformed the requirements asked for by the City in relation to this structure. He said, "Our family has appreciated the added safety and protection this private facility has offer ad to us. and we have kept it strictly to a family use. I cannot see where adding on to the end of the building will pose any hardship on the land or surrounding area. I do not understand why Council would now change their minds after giving us permission to construct the building." Goetten informed Mr. Mc.cMillan that she is the only Councilmember of the current Council that voted in favor of the application to construct the building. She said, "There are two new Councilmembers, and tv/o members voted again.st the 1987 application. In addition, the City now has a new Ordinance, which was designed specifically to address accessory structures such as this.” - 11 - * - - ! REGULAR CITY COUNCIL MEETING HELD APRIL 8. 1991 (IIO)ZONING FILE #1629-MCNULTY CONSTRUCTION CONTINUED Callahan stated that he w'.s primarily opposed to constructing the building initially because he could not see that there was any hardship. He said, "I can find nothing to indicate that the structure is having a negative impact on the land. Due to the size of the parcel on which this structure is located, I cannot see any problems from a planning viewpoint, Given the fact Council originally approved a building of this size for this purpose, couplad with Mr. MzNulty's facts about the rights given up by the MacMillans, I am not sure that the addition should be denied, even though I d;.d not approve the building from the start. ** Butler stated that she does not question the good intentions of the MacMillans to continue to comply with the City's requirements. She said, "Hov’ever, the City has adopted an Ordinance to address this specific issue, ani I believe it is up to the City Council to abide by the Ordinances that are established. I believe we may face problems in the future, if we allow a Variance to our new Ordinance without sufficient hardship." McNulty responded, "Council has the authority to grant Variances to the C -/'s Ordinances when it finds conditions exist to justify that. Council found those conditions to exist in the past, and they still exist now, I would also like Council to view this request from a practical standpoint. V/e want to do what makes the most sense for this piece of property. The MacMillans want a garage and squash court. Does it make sense to add that onto a French Colonial home, or add it onto an accessory structure designed for recreational purposes? The MacMillans could apply for and obtain a building permit to add onto the existing residence without approval from the City Council." Bellows noted that the members of the Planning Commission had raised a concern regarding the fact that, to the best of their knowledge, the principal structure is used more as a guesthouse than a permanent residence. McNulty explained that the house is in transition within the MacMillan family. He said, "Mr. MacMillan and his brother and sister own the home, which belonged to their mother and father. His sister continues to reside there when she comes to town, and her children reside there. Someday one of the children will have a life estate in that home and will live there as a family member. A family as large as the MacMillan's has something in transition, but it is a family home that is part of the family estate." It was moved by Callahan to conceptually approve the accessory structure Variance as proposed. There was no second, and the motion failed. - 12 - f REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 (IIO)ZONING FILE #1629-MCNULTY CONSTRUCTION CONTINUED It was moved by Butler, seconded by Jabbour, to conceptually deny the Variance request due to the excessiveness of the proposed structure relative to the City’s Accessory Structure Ordinance. Staff is directed to prepare a resolution for Council’s review at their April 22, 1991 meeting. (The applicant did request to table this item, which was moved and seconded during consideration of this motion. However, since the question had been called, the main motion had priority, and the vote was taken.) Motion, Ayes-3, Callahan, Goetten, Nay. Motion passed. At 8:44 p.m., Mayor Peterson closed the Public Hearing pertaining to the zoning applications appearing on the agenda. MAYOR/COUNCIL REPORT: (ill)PLANNIHG COMMISSION APPLICANTS Mayor Peterson noted that Ed Cohen and Howard McMillan were present* but that Janice Berg was not. She stated that David Rahn had withdrawn his application. Goetten asked whether City Staff had heard from Janice Berg. Mabusth indicated that she had not heard from Ms. Berg. Mayor Peterson asked Howard McMillan to address the Council. McMillan stated that he would like to be involved with the Planning Commission because most of the important issues that will affect him and his family are now before the City. Ha said, "The only issues I can see that do not directly affect us are those pertaining to Lake Minnetonka and the LMCD. Although* in reading through the Comprehensive Plan* it seems that everything starts with the Lake and backs up into Orono. The Comprehensive Plan confirmed my ideas about Orono being a unique community. After residing in Deephaven and Wayzata, and considering the City of Shorewood and other western suburbs, we chose the City of Orono to reside in and raise our family. I began to take interest in the Commu.iity with the sewer property annexation and Highway 12 issues* and then began realizing all the other issues that affect the Community in which I live. I do not have a lot of practical experience to offer, but have a genuine interest in the issues facing the City. I was not aware that Jim Hanson and Ed Cohen were still interested in serving in the positions they now hold. After attending several Planning Commission meetings* I am not sure I want to see either of them replaced. I am trying to prepare myself for the time in the future when there is a bona fide vacancy. I would just like to go on record stating that I would like to be involved with the City." - 13 - ^ * REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 (#11)PLANNING COMMISSION APPLICANTS CONTINUED Goetten asked McMillan how long he has resided in Orono. McMillan responded that he has lived in Orono since 1938. McMillan asked for the opportunity to make a statement his position on the various issues now be;;ore the City. He started by stating that his greatest attribute is the fact that he cares, and that it is better to be part of a solution than to be ignorant. He said, "I am only a v/eek and half familiar with the Comprehensive Plan, and I think the Plan speaks for itself. I believe you change your perspective on various sections of the Plan—it changes color the more you read it and appreciate it. I have followed the Highway 12 Corridor process closely and I agree with the Planning Commission’s recommendation. The other corridor alternatives are not acceptable to me, and I realize that something must be done. I do not believe that the political reality will allow Highway 55 tQ Ijq the selected corridor, and therefore, it comes back to the existing corridor through Long Lake. I do not know what it will take to unlock the disagreements between Long Lake and Orono. I do believe that establishing trust provides the framework to do so. With regard to long-term street and transportation planning, I can speak to the first part of that because I live on Lyman Avenue. Lyman Avenue is a problam for a lot of people, and I would like to see it upgraded, but only to the minimum width required. In response to the lake use and management issue, I would say that the lake has changed significantly. I grew up on Lake Minnetonka and have since decided that I would not like to live on the lake due to the use and politics involved. I do care about the lake, however. With respect to the Planning Commission roles, I would say that there seems to be quite a bit of duplication in what the Planning Commission and Council do. I do not know how much of that is necessary as part of a check and balances system, but it seems that the process could be streamlined, and I would like to participate in that. As a last note on issues, we definitely need a new City facility. A friend of mine asked me why I would consider serving as a Planning Commission member when I will not be paid to do so. I explained to him that I care about the City in which I live, and the importance of becoming involved. I would much rather be part of the process, than to sit back and criticize the actions taken by our elected officials." Mayor Peterson thanked Mr. McMillan for his interest, and asked Ed Cohen to come forward. Cohen stated that he has enjoyed serving on the Planning Commission and has learned quit:i a bit since he was first appointed. Ha stressed the importance of upholding the City's Ordinances. He said, "I can say that I have taken a consistent - 14 - _ _^ REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 (til)PLANNING COMMISSION APPLICANTS CONTINUED Stand on hardcover, in that I ask to see percentages reduced or held at existing levels, not increased. I also think it is important for Orono to maintain its t^vo acres of contiguous, dry buildable land. With regard to the Highway 12 issue, I would like to think that I had something to offer, even though I have my own viewpoints based on my personal experiences. I believe that you cannot fight the Highway Department, and the job of the Planning Commission and Council, as I see it, is to get the residents to recognize that something is going to happen. VJo al>30 need to be sure that we do the best we can to protect Orono*s interests. Tne Long Lake issue is political, and one which ^..e Council will have to address. Jabbour stated that he appreciates the straight forward way that Cohen brings matters to the table. Goetten stated that she has appreciated Cohen's efforts to uphold the City's Zoning Ordinances. Butler observed that there is not currently a member on the Planning Comr.iission designated as a representative for urban lakeshore. Mabusth stated that Candace Rowlette could be classified as urban lakeshore even though she does not have municipal sewer. Goetten stated that is correct, but that Candace is the first Planning Commission member in four yeacs that could have that designation. Butler asked if Ms. Berg is still interested. Mabusth stated that the applicants were informed that they should notify the City if they were no longer interested and wished to have their names withdrawn. She reiterated that she had not heard anything from Ms. Berg, but that Ms. Berg wos notified of the meetings where interviewing would occur. Mayor Paterson noted that she had seen Janice Berg at the March 25, 1991 Council meeting, but that she had left before the interviews began. Butler indicated that she would not want to discourage anyone if they are still interested, but it is up to the applicants to keep the City informed. Mayor Petersvon stat^^d that Council would consider the applications before them and present their decision at the April 22, 1991 Council meeting. Callahan suggested that it may be logical to delay the - 15 - h REGULAR CITY COUNCIL MEETING HELD APRIL 3, 1991 (#11)PLANNING COMMISSION APPLICANTS CONTINUED appointment until Council makes a decision regarding the role of the Planning Commission. He said, ’I see very little sense in changing the function ot the Planning Commission after we have appointed someone, only f-o fi-id out that the change is not trr ... ,- - - - - decisionsomething they wish to do. Unless we can come to a within the next two weeks, I do not believe we should make an appointment at the next meeting." Goetten stated that the process involved with the Planning Commission role could be lengthy, and that it would not be fair for the candidates, especially Ed and J.m, to wait. Sne said that the Planning Corn-mission d d not have an opportunity to discuss their role at tte last meeting because there were only throe members present. Goetten addt;d that it .'.s her understanding that the Joint Meeting scheduled for April 20th, for the purpotie of di.scussing this issue, is going to be postponed. She felt that the appointments should be made in two weeks. Mayor Peterson agreed with Goetten that it would take some time to define the Plaining Commission's role. She asked Bellows if discussion of their role would be included on their April lith meeting agenda. Bellows indicated that Planning Commission would discuss the issue at their regular April meeting. Mayor Peterson stated that she will be out of town on April 20th, but that the Joint Meeting could take place as scheduled in her absence. It was the consensus of Council and the Planning Commission members present (Cohen, Bellows and Hanson) , that the Joint Meeting be postponed and rescheduled. Goetten stated that she was pleased that Council had hela their first Town Meeting. She said. "The meeting went very well, though it was not heavily attended. I think the people that appreciated the opportunity to attend such a meeting. I think the meeting set a good precedent and that we should hold another. I have heard positive comments fr-.»m the people that attended." CITY ADMINISTRATOR*S REPORT; (il2)CABLB TV REPORT Bernhardson advised that Tim P-^ttrin, Orono’s Representative to the Lake Minnetonka Cable Communications Commission was this evening to report on the Commission s activities. - 16 - t'- I J REGULAR CITY COUNCIL MEETING HELD APRIL 3, 1991 (#12)CABLE TV REPORT CONTINUED Pattrin had drafted a report ct the LMCCC's artjvities, as well as those o: Triax Cable Systems, and distributed a copy to each Councilmember. He then took the opportunity to review the contents of his report. Pattrin stated tnat the City or Orono contributed S19,200 to the Cable Commission this year. He was concerned that the LMCC :■ Excelsior location is over-staffed, yet it has the least amount of programming output of all Tciax studios, including Mound, VJayzata and Orono. He said, ’’Another concern is that Orono has consistently asked for assistance from the LMCC in operating its studio. It appears that the LMCC does not want to make additional personnel available to work at the Orono studio to promote access programming at that location. I believe that the L^ICC needs to focus their attention toward the Orono facility to promote and upgrade to produce programming. The Orono studio, in 1990, received two new camcorders from the LMCC, having a total combined value of $.3,000. This is the first equipment the LMCC has purchased for the Orono Studio since the franchise was put together. Out all the money Orono has contributed to the LMCC over the past years, we have received administration assistance, but only $3,000 in equipment. The Orono studio will serve the communities of Minnetonka Beach, Long Lake, and Medina, :.n addition to th<= Orono area. Those cities contribute 32% of the LMCC funding. It is obvious to me that the LMCC has neglected our area and needs to focus their attention on development of the Orono studio." Pattrin summarized t!ie service, fees, and channel changes that have occurred witii Triax Cable System, as outlined in his report. He stated that Triax does not offer the same amount of service for t.he money as Paragon or King Cable Systems, which serve communities just outside of Orono. He said, "The customers o:: Triax are paying more, b>it getting less, compared to the competition. ** Pattrin reported that he had brought several issues to the attention of the LMCC regarding operation and service policies of Triax. One issue is a $3.50 per outlet fee Triax is charging to Holy Name parochial school. Pattrin stated that no other cable company does that. Another issue pertains to problems that are occurring with signal return language, which is a method of sending live transmissions between two locations. Pattrin had observed than Triax was advertising on access channels, which are to be used for public, rather than commercial, use. Ha said, "On the government access channel, Channel 8, they tied up severa.l pages of the City's billboard (designed to provide viewers with information about the City), with advertising about the services Triax provides. After bringing this to their attention, they removed it. The other issues will be addressed at our next meeting. As a further note. I do possess a copy of the report from Triax Cable Company, the 1993 Annual Cable Television System Report, which covers everything that they do." - 1 / - JL REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 (|12)CABLE TV REPORT CONTINUED Council t->anked M;-. P^ttrin f >r providing s.ich a.i informative report. They encouraged him to continue nis efrorts to get the LMCC to focus more attention on developing the Or.ono studio. (#13)RIGHWAY 12-CITY ADOPTED POSITION , . Bellows suggested that Council may wit'.h t-o include a response to comnents made by Steve Hiy, which appeared in an article in the April 3, 19U edition of the "Sailor newspaper. She said, "I hate to say this, b.it everything that Ea Cohen predicted is coming true, according to this article. Mayor Peterson noted that Mr. Hay had responded to tne City’s position before the City could send that information to him She also stated that the article appearing it tne "Pioneer", reporting on the Mar.Th 25, 199x Council meeting, and n.«r soecificauy, tne Council's adoption of tne PUnmn, Commission*s recommendation, was incorrect. £ae tead aloj portion of the article, which stated that the City Council had voted unanimously to adopt the recommendation in its entirety. Rosemary Schauer, a reporter for the "Pioneer". explained that the City Administrator was on vacation, and the Pioneer staff had checked with City Sr.aff, uo until closing time on V/ednesday, to see if the minutes were completed so they could check their information. Sne apologized, and stated that e Pioneer would print a retraction in the next issue. Callahan stated that it wns his understanding that i"ouncil had adopted the Planning Commission's recommendation ;.n its entirety, and that is the action he wanted to take. Butler added, "I made the motion, and CounciImember Callahan's understanding of it is correct." Mayor Peterson stated that she had seconded Councilmember Butler's motion, but had thought the motion excluded the last paragraph, containing language about future consolidation of the Long L?ke and Orono, from the recommendation Ccjuncil was accepting as their position. CounciImembers discussed their interpretation of the motion made at their March 25, 1991, Council meeting, to accept, ana/or adopt, the Planning Commission's recommendation. Jabbour stated that the last paragraph of the recommendation suggested that the two Cities may consider consolidating at some time in the future. He believed that Council should accept the recommendation as Councilmember Butler's motion intended. It was moved by Mayor Peterson, seconded by Jabbour for the - 18 - REGULAR CITY COUNCIL MEETING HELD APRIL 3, 1991 (|13)HIGHWAY 12 POSITION CONTINUED purposes of discussion, to reconsider the acceptance and adoption of th'i Planning Commission’s recc.nmendati .in on Highw-y J- Corridor. Motion, Ayes-3, Butler and Callahan, Nay. Motion passed. Butler stated that she did not sh to revise her motion. She said, ‘‘I adopted the recommendation in its entirety. Ii that is what the ’Pioneer' indicated, that is correct. Mayor Peterson stated that the problem now is that the newspaper s.aid one thing, and the letter to Long Lake indicated something else. She also stated that Council only accepted the recommendation at the Mtrch 2f). 1991. meeting, and that the document presented for adoption this evening, e.xcludes the last paragraph of the Planning Commission’s recommendation. Butler statad that the Planning Commission's recommendation was adopted, in its entirety at their March 2f>, 1991 meeting, and that, in her opinion, adopting and accepting are the same thing. Bellows added that her understanding of CounciImember Butler's motion was ju.st as CounciImembers Butler and Callahan understood it. She added that the Planning Commission's recommendation included a statement about possibly merging the City of Long L»ke because the Planning Commission w.is asked to'address that issue. Bernharason stated that the last paragraph h.ad been d--leted from the rC“formatt»?d draft presented this evening, but that it could be added back in if that is Council’s wish. ne<t st-'p in thisJabbour asked Barrei-.t what the reconsideration process should be. 3arrett responded, "It is my opinion that Council may either ^^1(0 a vote on the m.ition as formed, to see if Council still wants to support that position, or you might, in the alternative. propose an amendment to that motion and take a vote." Butler added, "My understanding of a motion to reconsider is that it, in effect, sets aside, and to some extent negates the that was made, seconded and adopted unanimously two v/eeks ago." Barrett stated that a motion to reconsider re-opens the questions again so that Council is free to vote on the issue, and is not bound by the previous vote. It w.ss moved by Jabbour. seconded by Callahan, that the motion made by CounciImember B-tler, as understood by Counci Imember Butler, stand as made, which adopts th'i Planning - 19 - S' ■«, M. Eir REGULAR CITY COUNCIL MEETING HELD APRIL 3, 1991 (#13)HIGHWAY 12 POSITION Cr Commission's recommenda^ Highway 12 Corridor i i-S entirety, including the- pai.^ pertaining to the consideration of merging the Cities of Oroi. ■ -d Long L^ke together sometime in the future. That is the Cit/'s new, adopted position. Goetten asked how the letter that was sent tvi the City of Long Lake, 3tati!ig that paragraph had been deleted from the recommendation adopted by the City, would be handled. B:-rnhardson stated that a letter to the City of Lonj T.ake would oe drafted and would'state that the March 29th letter incorrectly stated that the last paragraph had been deleted. Jabbour said that may not be a true statement because some people understood the motion one way, and others thought it was something else. He suggested that it would be more appropriate to indicate in the letter tnat in an effort to re-clarify their position. Council took the issue on again and reached the follov/ing position. All CounciImembers agre*»d that they understood the motion before them includes the merger comment. Motion, Ayes-3, Goetten, Peterson, Nay. Motion passed. As indicated in their discussion of this item. Councilmember Goetten and Mayor Peterson preferred to have the City's position on the Highway 12 Corridor nt'Jt include statements regarding a consolidation *of the City of Orono and the City of Long Lake. Peterson and Goetten wished to maintain good\/ixl between the two Cities, aod felt that the City of Long ^a.-ie may be sensitive to such language and not view it in a favorable light. Goetten and Mayor Peterson agreed with the Planning Commission's recommendation, with the exception of the last paragraph. Councilmember Callahan suggested that the letter to MNDOT either refer to t’ne enclosure aa a resume' of the City's pQjition, >r it shou.d actually include t.ie entire Planning Commission recommendation. (#14)SANDY BEACH SHIMMING BEACH In response to directions from Council during their review of this item at their March 25. 1991 meeting, Bernhardson reported that it would cost the Ci-y s 3,900 t.n $5,400 t"> post a lifeguard eight hours a day, seven days a week ac Sandy Beach. Butler asked if the City had funds available to do so. Gerhardson replied, "No, this is not a budgeted item." (t was moved by Callahan, seconded b/ Mayor Peterson, to adopt tho Planning Commission's recommendation to have the beach remain open to the public, that no dock will be installed in 1991, that the current closing hour of 8:hg o.m. be continued, and that Police patrol be increased. All ;ed a/e. Metion passed. - 20 - REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 (§15)CITY COMMUNICATIONS It was moved by Callanan, seconded by Mayor Peterson, to table this item. All voted ave. Motion passed. (#16)LNCD COMPREHENSIVE PLAN Bernhardson reported tliat the date April 10, 1991, has been canceled, apid will be rescheduled. He also presented Council with a position paper, relative to the surface use aspect of the LMCD's Comprehensivr Plan, that the City could adopt an transmit to the other cities. Callahan indicated to Bernhardson that he and Counciimember Jabbour would like to discu.ss the paper with h;m before it is prepared in final form and transmitted. Council took no action on this item. (#17)POLICE CHIEF SELECTION PROCESS Bernhardson provided Council with the proposals submitted from firms \/lshing to assist with the City's Police Chief selection process. Me recommended inviting throe of the consultants (Labor Relations Associates, Public Management Consultants and Sathe i Associates) to appear before the Council for an interview, and suggested meeting M.jnday, April li, at 5 00 p.m Council agreed v/ith B.-*rnhardson recommendation, incl iding the meeting date of Monday, April 15, 1991, at 5:00 p.m. (#18)STUBB*S BAY SEWER Todd and Marie Ziesmer were present. Callahan suggested that a citizen’s committee should bo formed to address this issue. He thought it may be appropriate to ask Sherokee Use to Chair tlie c<immittee, which should be comprised of persons that are in favor of the project, as vt/ell as those that are opposed. Ha said, "Thr.s committee will make a writt«an report to the Planning Commission. The repo»*t will decide the general scope of the project and the alternatives listed in order of priority. The committee should also make a recommendation pertaining to the bost mtathod of financing the project. Tha Planning Commission can then review the report and make a recommendation to Council." Mayor Peterson asked Callahan if he had talked to Sherokee Use about her partxcipation with a citizen's committee. Callahan stated that he hrid not asked Sherokee, but had recommended her because she takes an active part in City affairs. He added that Sherokee lives in the Stubbs Bay sewer area, but that, as he understands it, her property is not in need of sewer. Callahan stated that Sherokee could have a more objective - 21 - :V i-. regular city council meeting held APRIL 3, 1991 (#18)STUBBS BAY SEWER CONTINUED Viewpoint than those that need sewer. Mayo. Peterson recognize.! Todd ziesmer and asked his, to make any comnients he had regarding this issue. Ziesmer stated that his household has been Junc^tioni^^^^^ only the benefit of a establishing a committee to lliVs, ”JithT deotri^n tbout P-^^^king"Vn\o°;oLfde^atlS: tbrtjTrst*"ctsVS;r ca“n''a.iyo"n\";ivr^r! rough idea of when I may be able to hook up to City sewer? Callahan stated that the a ?epo^t'" shouTd onT^tak^ and the length of time or _ria«t »d that it may be possible to construction would begin in the S.>rinq o . if th3V would coHsidisr their '*;‘'fL a®?rin 2i r-ar grace period before they m..st begin request for a 15 t** y- 9 intend to have a septic paying .£« ‘he like to pay it off before system installed this spring eower She noted that they roetten asked Marie if it would be possible for them to wait an adStion^l irmonths until the progect is completed. aa • ^ raHort "We will Ihcur apothet $3,000 f> $4,000 i~ we f. 18 months That would mean amust continue pumping for anoth.r aeotic system, of ox'ertotal investment, before sawer o. a »eptic sysre $6,000." m "Unless anv you have actually lived underTodd added, Unless ® y understand what it is jrkrto=\\^e ?n-Van^ T* :i^?r:d^^^r*h ”/v-e r:Sarh%%?*b:t ctnSot’us; T. fnd the water off ^.r^ing Of a shower whenever it is not children W«‘ were ?t^r=rn re fbe MASQAT* oroiect v/BS iust dTound tu6 corri0r« - _ m Ho clo?et to having ’ a decision than we were two years ago. residr^rnar^rnr-sam^e t^e zTesLrr^^ Gaffron replied, "If you consider the people that had new septic systems put in over the last three years, there are - 22 - tr- Ml ti:. REGULAR CITi COUNCIL MEETING HELD APRIL 3, 1991 (#18)STUBBS BAY SEVIER CONTINUED approximately half a dozen with this same situation." Bernhardson stated that the.re a.re quitB a f'lw people who have not done anything up to this point, but could repair their septic systems within the i.e<t ye-«r .*',0 they would oe in conformance. He said, "Those people could then state ^^that the- do not need the sewer and could aak for a grace period." Gaffron noted that the only form of deferring aasessment payments, of which he is aware, :s that which has been established for senior citizens. He said, "We have net legally researched whether we can do that for peraous other than senior citizens." Callahan suggested having the City Attorney look into the issues of whether or not the City can legally allow the deferral, before Council decides whether tliey v/ish to adopt that policy. He stated that the City cannot have a policy that allows everyone involved in an improvement project to decide when they would like to be assessed. Todd stated t lat they can go either w'.y. They have sufficient area for a septic system. He said, "The problem is that there ace several homes tliat dc not have the area to put in another septic system. Once their systems fail, they will either have to go on a holding tank, as we have done f<5r the last two years, or pu.sh for municipal sewer. Are the.re enough homes in that situation to push the project through?" Gaffron explained that the problem is that most of the homes that require municipal sewer the mast, are the ones that can least afford it. "I also do not believe that Todd v/ould be able to convince anyone that being on a holding tank is a bad way to go, even if he relays his personal experiences. When people see the cost of municipal sewer, they will opt for holding tanks. It Is human nature." Callahan stated that given the City’s position on protecting the 3 ike, there is more of a desire to have sewer put in this area, than others where there i=' l>^ss of au environmental concern. He said, "The City has the right to order the project. All we need to do is vote for it. W? also have the right to assess the benefiting property owners, but the question is how much we can assess them." Goetten stated that the City Council has a responsibility to make a final decision on this. Butler agreed with Callahan that because of the pvotential impa.rt on the general health. safety and welfare of the community, sewer is the one improvement that the City can put in - 23 - 'H I REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 (#18)STUBBS BAY SEWER CONTINUED without a majority consensus of residents. Callahan stated that he did not expect the consensus of the citizens committee to be that th a residents are in favor of the project. He suggested that the _ommittee may be able to get the residents more focused on the issue, which will help to determine the size of the area that is to be included in the project. Goetten stated that the City has tried to be accommodating and not to push the project down anyone's throat. She said, "That is part of the problem. We are going to have tvo bite the bullet and make the decision. We owe that much to these people. Jabbour agreed with comments mide earlier by Butler regarding t.hv overall health, safety and welfare of the public. He said, "I believe, and it is only my personal observation, that quite a bit of leaking and seepage is occurri'ig fram those pijoperties ir' o Lake Minnetonka. In that regard, Butlar added, ‘’People who fiid it more convenient to allow their septic tanks to seep into Lake Minnetonka, rather than having them pumped, may be interested in knowing that the City can institute condemnation proceedings against their dwelling because it does not have satisfactory sanitary sewer removal system. Then their home is worth nothing." Butler asked whether the City had surveyed the Stubbs Bay area residents to determine their position on the project. Gaffron replied, "We did send out a survey. Fifty percent of the 100 property owneirs that received the survey d .d not respond. Of the ftfty percent that d.'.d respond, one-third indicated that they favored t.he project, the other two-thirds opposed it." Butler stated that the City could go through a committee pf, which would make the residents feel mors a part of the process. She added, however, that if the Council were to vote to order the project, and someone subsequently sut?d the City in regard to the assessment, that the City would prevail due to the overwhelming need for sewer in that area. The City would have the support of its Comprehensive Plan, Metropolitan Council, Metropolitan ► Control, as well ns th» Lake protection agencies. Sh» "You do not fool around with malfunctioning sop^ic systems that is the case, the City automatically has a health problem. Once iin determined that there are properties with septic systems leeching into th? Lake, the State will close them down, if the City does not." G3ffron stated that may not always be the case. He said. - 24 - I r-’ r: m, REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 (#18)STUBBS BAY SEWER CONTINUED "Thtire S5?em to be some broad problems with jurisdiction and who is willing to use it. In fact, most agencies leave the issue up to the d .scretion of the individual c-^ties. T ie DNR is not enforcing anything at this time, but may start forcing cities to adopt shoreland regulations t:.at will force people with non-conforming systems to go v'^n holding tanks. If all that happens within the next year, and wa agree that we will interpret and enforce those regulations to the letter, it will be a rude awakening." Callahan stated that the City needs to make a decision, whether Council proceeds on their own, or with tiie help of a committee. Jabbour stated that i' tiie City enlists the aid of a citizens committee that it shoud be on the premine that something is going to be done. Ho said, "We should take the position that Stubbs Bay has to have sewer, and allow the committee to determine the extent of the project." Bernhardson clarified that the survey sent to the Stubbs Bay residents asked if they would favor municipal sewer at a specific price. He said, 'I believe that at least half of the people in that area want the sewer, it is just that they do not want to pay the price that we quoted to them." Jabbour suggested that City Staff could perhaps d*aft a letter to the residents in order to expand their awareness of the progress of the project. Gaffron stated that he would be meeting with Dave Peterson, a Stubbs Bay resident who ha^ he-^n talking to the residents about the project. He said that . Peterson may shed more light on the residents' feelings about the project. Mayor Peterson asked Gaffron if Council snuuld delay their decision until he can provide more information. Gaffron stated that he would have additional information to present at the April 22, 1991 Council meeting. It was the consensus of Council to delay any action on this item until they have reviewt»d additional information at their April 22, 1991 meeting. (•19)SALARY AOJOSTHBirr-BRUCE VANG It was moved by Butler, seconded by Mayor Peterson, to approve a salary adjustment for Bruc'^ Vang ar. Level 7, Step 4, at a rate of $14,991 p?r hour effective as of April 22 1991. All voted aye. Motion passed. - 25 - K i- h f ■ !■ c- REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 (#19A*)RESIGNATION-LT. MARK MORAN It was moved by Callahan, seconded by Jabbour, to accept the resignation of Lt. Mark Moran, effective April 13, 1991. Council wishes him the best in his future career choices. AM voted aye- Motion passed. (#20*)MUNICIPAL BOARD PROCESS It was moved by Callahan, seconded by Jabbour, to accept the information presented by Mark Bernhards>5n regarding this issue. All voted aye. Motion passed. (#21*)POLICE DEPARTMENT VEHICLE AUCTION It was moved by Callahan, seconded by Jabbour- to establish April 27, 1991, 9t 10:00 a.m. at Perrys Truck Service as the time and place for an auction o.f unclaimed vehicles subsequent to published notice in the official newspaper and notification being sent to registered owners. All voted aye. Mc-tion passed. (#22*)AUCTION OF CONFISCATED AND ABANDONED ITEMS It was moved by Callahan, seconded by Jabbour. to establish May 11. 1991, at 10:00 a.m. at the Orono Police Department at 445 Willow Drive, Long Lake, as the time and place for an auction of abandoned, confiscated- nr found property, subsequeat to published notice in the official newspaper. All voted aye. Motion passed. (#23*)RESIGNATION OF C.S.O. It v/as moved by Callahan, seconded by Jabbour, to accept the resignation of Community Service Officer Kevin Walsh, effective April 12, 1991. All voted aye. Motion passed. (#24*)CAMINE PROGRAM DONATION It was moved by Callahan, seconded by Jabbour, to authorize the acceptance of the donation from Cub Scout Park 2*)6 for the canine program and direct Staff to send a thank you letter to the Pack. All voted aye. Motion passed. (#25*)TEMPORARY EMPLOYMENT-GOLF COURSE It was moved by Callahan, seconded by Jabbour, to approve the temporary employment of the persons listed in John Gerhardson's memo dated April 3, 1991, and marked as item #25, at the respective hourly rates shown, effective April 9. 1991. All voted aye. Motion passed. (#26*)SOURCE REDUCTION PROGRAM It was moved by Callahan, seconded by Jabbour, to adopt Resolution #29*32 establishing a source reduction program for the Cit'/ of Orono and to a.ppoint John R. Gerhardson ar. the facilitator of the Source Reduction program. All vot.^d aye. Motion passed. - 26 - f y ^*1 ’ jT; j.. REGULAR CtTY COUNCIL MEETING HELD APRIL 8, 1991 (#27*)1991 YARD WASTE PROGRAM It was moved bx' Callahan, seconded b/ Jabbour, to approve t.he yard waste compost program and schedule f >r 19‘)1 attach?d to John Gorhardson's April 3, 1991 memo shown as item #27. All voted aye. Motion passed. (#28*)1990 POLICE DEPARTMENT OPERATIONS It was moved by Callahan, seconded by Jabbour, to accept and approve the 1)90 Police Department Financial Operating R:?port as presented. All voted aye. Motion passed. (#29*)EQUIPMENT PURCHASE-PORTABLE HOIST It w.as moved by Callahan, seconded by Jabbour. to approve the purchase of one pedestal m-.iunted electric hydraulic ciane from Truck Utilities for .in amount )f $6,647. All voted aye. Motion passed. (#30*)SPRING CLEAN UP DAYS It was moved by Callahan, seconded by Jabbour, to designate May 4th and May 11th, 1991, a« Orono Spring Clean-up Days. All voted aye. Motion passed. (#31*)ADMINISTRATOR'S INFORMATION It was moved by Callahan, seconded by Jabbour. to accept the City Administrator’s Informati.>n regarding; Police Officer/Marine R:*servist, Planning Commission-Ordinance Review Dates, and Auditor Change. All voted aye. Motion passed. CITY ATTORNEY'S REPORT: None (#32*)LICENSES It was m.oved by Callahan, the following .license(s): seconded by Jabbour, to approve Non-Intoxicating Malt Liquor: (One Day) Northwest Tonka Lions Golf Tournament-Lakeviev.' Golf Club Friday, June 2i, 1991 Special Event: YMCA Bike-A-Thon Saturday, May 18, 1991 Northwest Bank Wayzata i'alf Marathon Foot Race Sunday, May 5, 1991 Residential Konnel:Jane Kline 4 455 Vvest Branch Road Pam Gregory 385 Stubbs Bav Road 27 - "t- r I-I i-'.x h;i- REGULAR CITY COUNCIL MEETING HELD APRIL 8, 1991 (#32)LICENSES CONTINUED Septic System Installer:Volkenant, Inr. 1030 Countv Road 03 Elmer J. Peterson Co. Route 2, Delano American Se\/er a VJater Route 6, Buffalo All voted aye. Motion passed (#33*BILLS It was moved by Callahan, seconded by Jabbour, to approve payment of tho All Fundi- Account. All voted aye. Motion passed. RXBCOTIVE SESSION At 11:10 p.ra., City Attorney Barrett requested that Council adjourn to an Executive Session for the purpose of discussing pending litigation. ADJOURNMENT It was moved by Mayor Peterson, seconded by Jabbour. to adjourn the Regular Council Meeting at 11:45 p.m. All voted aye. Motion passed. Barbara A. Peterson, Mayor ATTEST: Dorothy ll. Hallin, City Clerk - 28 - 4 fi t If. 3?To:Mayor Peterson & Crono Council Members City Administrator Bernhardson Prooi: Date: Subject: Jeanne A, Mabusth, Building & Zoning Administr April 19, 1991 V/i List of Exhibits #1497 Gerald Toberman, 1960 Shoreline Drive^- ^ Renewal Conditional Use Permit - Resolution ^ ^99, Exhibit A - Gilbert's Letter of 4/8/91 Exhibit B - Gilbert’s Letter of 4/17/91 Exhibit C - Suesan Pace-Shapiro Memo Exhibit D - Final Draft of Resolution n Please review Exhibits A and B, Mr. Gilbert has cited specific conditions within the resolution drafted by Suesan Pace- SMpiro that he finds objectionable. He specifies Conditions 3, 4, 5, 6, 10 and 11. Ms. Shapiro has continued to discuss these concerns with Mr. Gilbert. She has advised that they have been able to resolve the applicant's concerns and still satisfy Council's original directives. As of the writing of this memo, staff is not in receipt of the final amendment. Ms. Shapiro will be reviewing the final amendments of the resolution wi' .. Mr. Gilbert later in the day. The final draft should be readied for inclusion in your packets. Nr. Gilbert will be present to changes at your April 22nd meeting. C11SCUSS the agreed upon ; r. AISP 03 ‘31 ^ s-% • - •VMSU M. •r*»»c» • jyjdf 0. dltBSMT* MESIIBnsaCR * S^*2^*-2, T i«t« yA»* *.ve»ca MtM^»A<>OLl«. Mt»n»*«o?i zca O* r«a«; rr> ilfgx w MM«r«o»% f^VAIOS »■ ^ MtwyaA»fLttaQZC£l ^▲ifiii. ^ •oivui** micmam « ■rroi^' jambs a. WBLBIftB JOn r •MBMT HaM O* 8T1UISO msiroAU o. smvob •OWAM I' OABISA. C. J. ft. ;v*v •••• C aTP*mw ** JOBK t aMI* f4%f« IB #^0OT«« t* •■.••••■ I •«-»f ••» r*Asm 8, ivy“1 BY TELBFAX 3300 Plp«r J»£«r«y Tow«r 222 Bouth Blnth NinnMpoli*, MN SS402 ft#l Si5ut«“I S‘.:‘?«.l./v«l.nc. Your Pllo Bo* 3643-047 Qur rtlu ya« 2B/2i92%- - - - -- poor Mo. Poc#-8hoplroin« « ,------------- I rocoiv^O your propopoO Pin<Wng»* i froa tJi4 City council that ®JvJg\??h*^ay taeratary today •Ytaing. April Jth. ?i;«r wa^o? tha da}. Your ?:S2!*.ii«“ S S2 SSe^S t2 you b.for. Apm loth, «hich -ouh ba two daya aftar tha council aaatlng. 1 ho» not nod . oh.i>e. to i*li 5S5/rfU*S:“*tyS2.JJ; rc*«5iS!.*«S!5?2?»?'tSft*:2. unr—coow. «d ~y !.«•« a*traainaoa falluca. I t..*0 on ny bit*»Ul*’not ilt^tho^Clty" tinrihSSTdYS' “rhivlirtS eio.. .* 6.oo «h.-. ^ «* »«.pi. mr.>vn«a* •••• ''••w eat*r««•«. 9^VK. m« MtOt V -F» % yid : .‘-1i”—*^‘ ■ MBSHBZSHSn * <5r5:N'CE. LTD M«- 8ue*«n Pao#-6haplro April fl» 1981 Paaa Two — «kl9ht just bu ccaing hoa* worh and Sorihit oaueolisi And/or boats. This is unreasonable and -• not what h*o other cospetltors are restrained to, even other siailat stores within the City of Orono. Most of the other provisions ar« . review, but 1 do need to ^at tnls to tny clienv. * an having all of this telafaxad to hla today in my absanea, along with this rasponsa Yours truly. ME8HDE8KSR A 8P8MCE, LTD. Janes H. Gilbert JHO/nJ OJCTATEO BUT MOT BEAD cci Mr. Oereld Toberman (w/enc.) h’' LJkW orrtca* MSSKa^BBBR a BPSXCB/ LTB l«A# PAM A^SMUB MiKjcaaQXA a04O4 •r^MM 0. 0tliM0T« vawBs 0.4fOiiifaw- wmmmmt JNkV% mbmiimm r*vmM a* a^aaif mplt HfimiAyaLii MioftABA o. airf&sa* ^MMmm A. w0Maaa joaa p* iaaaav MM! a* itaasa ■AWHA1.L o. apMoJi tfo^Aaa !• aaaa QAJtiaa o* ooanaaao a. a- i'tpt ••' »Asaaa«< a * iTOMIt b April n, 1991 • ••j •# •!! IVt4 fv 9Wtt*m NS. «a«s«n Pao»->9h«piro POPMN MAXK 3100 Pip«r Jaffray Towar an aoyth Hi nth fitraat Hinnaapelia* nn 954oa BY »AX aai ftnlth'a Bay Marina Your riia no. 9943/047 Oaar Ma. fhapiroi Parauana to Tom sarratt'a raquaat, Z am fandinf you aemo •ugAQgttd lanauaga whioh mi^ht moot our mutual neod on thia ordinanea. than Z initially talkad to Tom a numbar of waica 1190, Z told him that m wara conoarnad about catting up artificai trip irirtd idiieh aould ' ^BQtr a dafault and jaopardiaa all tha t#ork and paaoa sahlng that haa 900a into thia prooaaa. i do think that your ParaQrapha 4 and 9 In your propoaad ordinanca aat up thaaa artifieial trip wiraa. No would ba willing to atipulata that the bualnaaa ba opan and operating on a ragular baaia batwatn the above date# w> .oh would tneluda hating inventory and cmpioyeoa on the premlaaa from tima to tlaa and bo open no later than 8 p«iB> for cuatomer aoruldo* Haxt# in regard to Pargraph €f ny oliant infoma na that he haa fully oeaipliod with tha prior landacaping raguiraaanta and foala that any furthar privacy fanclng la unnaoaaaaryf unroaaonabla and would dany him almoat total vlaibility from enooning traffic, baplaeanant of landacaping ia neaded in privacy fence maintenance ia acceptable. Xa regard to faragrapn 10» we would want a requiresient that the aigaage eemplica with the City of Orono'e ordinaneaa in regard tc aigaage. X diaouaaad tha fire lane language with my client and ha in not aware of thet fire lane or what kind of tignage you are taiklng about, if you oould give me lome clarif:.uatlon. that would be helpful. Talk to my legal eesiatant# Sandy Petereon, if I am unavailable. • r. rAtfil ^OmtM **A»» eSKTBM BT BAVt., MK BBIOt fOM80HBeS>X2n . » SPBNCS. 1,70 Ms* 8USSM PAO«»8hSpiro April 17, 1991 PACE TiO ____________ PArt9rsph 11 !• an unnscsssary addition. TA« conditional uao parnit doaa provida for tha aala of boats and nautical supplies. Ny oliant has no intantiea of oparating a marina business from aoross tha straat oot of this location and to do so vouid be In violation of tha ordinanea* Howavar, to make it any more raotrietlva may only causa more eoofasiont if customars of the marina buy boats or supllas from this location, «pould that be a violation? Psradrsph 11 should ba dalatad in its antiraty. X would appraolsto it if you would ravlaw this matter with tht spproprlsto eity officials and gat back to ma at your aarliest oonvanlanoa* X m going to bo in dapoaltlona most of Thursday and Pridayr but baeauaa wa ara on tha oouncil agtnda next Monday, i would like to hoar frost you ss soon ss possible. Thank you for your conaideretien. Vary truly yours, MSSHB^SHER ar^eNfCSr LTD.-- -m /cll cci Gerald £. Toberman James N. Gilbert k: •RANDUM TO;Mark E. Bernhardson Jeanne A. Mabusth FROM: DATE; BE: Sueaan Paca-Shapiro April 16, 1991 Smith's Bay Marina: 1960 Shoreline Driv« Conditional Use Permit Our Pile HO. 3643-047 Enclosed is a letter from Mr. Toberman's attomey, Jim Gilbert, regarding the proposed conditions in the conditional use permit for 1960 Shoreline Drive. I hove reviewed Mr. Gilbert's comirents regarding the various conditions and have made a few small changes to the conclusion section of the conditional use permit. I am enclosing « copy of the propoeed conditional use permit which will indicate those sections that 1 have made changes to. Mith respect to the remainder of Mr. Gilbert's comments, it would appear that the City Council should addrocs thorn as they feel may be appropriate. Enclosures (205)ZSPS r t [r RtSOtOTION NO. ^531 ce“otde sSatibc to ®5g* sSeS^MITICAt SHOP AT ^060 SHORELIHB. ClI'V FILE NO. 1*197 riNMlNtlS WMEREAS. Smith's inc.^rthe^.ppu- applicstion to Jh« Otono Orainsnce Code to allow bHt sales/nautic.1 f«P iJctted within the City o£ SJoJirrSroSr-f Miiio the lollowino leoal description: lot 2, BLOCK 1. TOURANGEAU ADDITION whereas, a Special permit was /which S2;n.Ji?^d‘’to^J%^5ryn^i‘tI=^rSpj ^“lo^-fned conditions Applicable to said property; and whereas, the City Council 5“ jf"Woran^rhe recoiwiendatlon of th® shop on the health, effect of the proposed q, ^he surrounding lands, ssfety, «"V**i?I!.2le5 trSmrcondJJionl the effect on values ;j1U;2rJi2s‘in tJ;r»:"rrSu?.dln, area, the effect of the use n the Comptoheneive Plan; and WhhrEAS, due to chsn,^ circu.stances^rei.U of Lake Minnetonka . u,o during said period, amendments operate a Boat t«Sed pi«u”t to Resolution XJO § WIHIREAS, the City Council finds a boat sales/nautici shop is a aeaeonal business; and js^*s^iid^Stid ’'sssisiiriS! iry^.ranrIts entirety Resolution No. 961 aaopreo wnsKEM, it the permit*graSted”brResolution SSis^Uda^^aU ;fnd‘i“orfppHcahle to the sublect property m this Resolution; and CQNCLUSIQM HOW THEREFORE BE IT RESOLVED based iled above Findings that ?*?®^^jjai3y”?escinded and replaced by this SSsolution which c°'"^i''“”,rtuJDOses of P«mit??ng a boat the subject property IR°1A Lakashore Residential Zoning ”itacrat‘'?i."iocaUon Sescribed above based on the foiiowing condi t ioi‘t* ■ 1. 2. 3. 4 , 5. 6. 7 . I That the property f J^^rappli^ant co^m^nces That the boot sales/nautical shop be open and operating a?S op^t^ticKSing vaeolt., Wdlurl through October 15 ;;r. ;r::; 5;:.‘l%S^4 ””‘""SS'.!KS=“31i «‘i“ ?o tioidential properties. ""n ^rrvt^biresrnoLr^nirr'pasr SSS5J Sn^ h? ? Plc^etaff Kho^ledgeabU ■ fnnh *-^"*^*» ghiin r^n»iniin t.O Landscaping materials d^gey l^SSoTo? required by the Cit/r and said privacy fence shell be maintained in good repai . a «H;i 1 1 oloccd witjiin County IJoht"ot?i” « 9raSsed buffer area adjacent to Spates Avenue and Shoreline Drive. ! >■/ -2- d. 9. 10. 11. and within cedr yaid. That «PPl}cant Ptoviae approval !!o$iS2 !UStT.SUn*"'vahicla parkin, stalls and savan spacec fo** boats as follows: That signagei.iM»-l4m»ta(l ^ —?iia/ >TitU no^ ^iSe'=rh’al!''Se P«tl5'«i?h sisna,e approved by the><ty U«r» on east side of building. SS:%.... ..■■■• •« ■’» ""iJsS - ^ . • % 12. 13. 14 . 15. - - - - That authorities 9^‘^”'^®^^^y-th^the"appUcan^ but are run with the property, not with tne app ,ppu.cant rtSl" ”!m ■“■■.expire on BOid datft. That ^^o^*^^®5a2fon< Sf*'this'^Resolution^shall^constitu nSiiH^lSM S:- and Shall bi punishable as a misdemeanor. That applicant apprise themselves^ot^all^ provisions in the oro non-conforming uses, said t?S^i:US:‘.riS?c?^rra?2d rre?2r.nc. Is if foUV set forth herein as Exhibit C. That this Resolutior ****jJjj*hed*h«reln and"lncocpotated execution ot an ass. t, |tt»«ed ^ ?ity has'incir?ed as a result of revie- lll IJ^rSva! 'fthifcond^tional use permit. -3- .1^?- r. H V W.> i(.H r i. f:f ; ■IV \!i. li;bx. r;PMFnAL. PROVISIONS 1.jn ^hts event orty condition steted herein Is deciored ^Dvelld oc unenforcoeble by ft Court# such invaXidetion ahall in no way affect the validity of any other condition in thift Resolution. 2.Any fftilure by the City to enforce its eights or remedies in the event a condition herein is violated oholl not be construed as# and shall not constitute o waiver of, the City’s right to enforce its rights and remedies hereunder with respect to that particular violotion '.>r any future* violation. 1991. Adopted by the Orono City Council on this day of April, Mayor ATTEST: City Clerk City Manager <195)ZSPS -4- F o'HU \ U^OHL'( ' OV'.W-:> S-.UV.I';. ( ■ \ 1I ' j < SLt:S^2ci , oVi .... 4^- p'CopvC'U 1 <=A‘“^ Sv-^' -._4 v\4 vj -r' X "io -4x SbHoCf • • iU .1 N »M,li)lO(i -b).. -C5>\I ost Oi f r 1'4Iul Z \}ci CLV^uf fejA. '''‘- -&4V. Vv'^Vb.ZZ <^vvi4 i/nt kcfiiliKji^ h\. ul s ZIZ- ^ mr4y4/:-l'6 '^^1(4 ^-ppfiiiciw ,uZ [ LOd hi 4o \jO>''i^ OUf (}oBl^<L\. . Zi V\D ylD^’^ d-t_ c^'*Acl !q>5U3::M.‘Z . •4fu.. M<- oU4{_ cA (d, >^bU. “!o. 4ia v ’AJiiZiLc.v S) -k^itT 0/1 'll)'- ■ 'a) S \l-l^li ('• U.QX 4 kkt. i Tot Mayor Petersen & Orono Council Members City Administrator Bernhardson A </ Front Oates Subjects Michael P. Gaffron, Asst Planning & Zoning Adn({|i^t^^or % \ 'April 16, 1991 6, ‘V #1629 W. D. MacMillan/McNulty Construction Company - ‘ 1700 Fox Street - Variance - Resolution List of Bzhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Denial Resolution Council Action Notice 4/16/91 Standard Variance Conditions City Attorney Opinion re: Homestead Status Memo 6 Exhibits of 4/2/91 Minutes & Memos from 1987 Approval Discassloii At your April 8th meeting, Council voted 3 to 2 to conceptually deny the variance request, and directed staff to draft a resolution for the next Council meeting. Such a resolution for Council consideration is attached. You may recall that the applicants request for tabling was ruled out of order, however, the conceptual denial had a similar effect to tabling in that final action on the matter was delayed. The denial resolution incorporates the hardships presented by the applicant. In order to adopt the resolution. Council must make the determination that those hardships are insufficient to justify granting the variances. At the April meeting, applicant correctly indicated that attachsient 3f the proposed additions to the principal residence on the prOt/««rty would in fact not require City Council approval. Mhile this would not accomplish applicants goals, and might not be practical or efficient, it certainly could occur. An issue might be the method of attachment and what degree of separation by various methods of attachment is still considered legitimate. If Council is concerned that approval of the requested variances sets a negative precedent, consider that due to the covenant this is without question a unique situation, in that: 1.The applicants have given up specific property rights which virtually eliminates subdivision of this 13.5 acre parcel as long as the tennis court building exists. L Zoning File #1629 April 16, 1991 Page 2 2.If some sort of lot line rearrangement occurred with other neighboring parcels, the principal residence on the property must remain in the same parcel as the tennis building, and no lot line rearrangement may allow less than a 150* setback between the sports center and any new lot line. This is three times the most restrictive lot line setback in the 2 acre zone. 3.The applicants have a substantial investment in the property and relied on the City's approval that allowed the building to exist. The «PP ^ substantial property rights normally afforded to other landowners in order to create the existing structure. Had the original proposal included the currently proposed squash court (it did include the proposed double garage), it is entirely possible that the same approval would have been given. Nothing in the current proposal will violate the letter or intent of the covenant. The Statutes and the Zoning Code give City Council specific direction in granting or denying variances. The Council must find that strict enforcement of the Code would cause undue hardship because of circumstances unique to the individua 3(A) which defines the parameters for approval and denial ot variances. The issue of precedent is perhaps only a concern if it is anticipated that other properties with similar conditions vill make similar applications. Approval of the original tennis structure was conditioned on elimination of the possible neg impacts the structure could have in this rural residential neighborhood. Applicants argument may be valid, that addition or cu^rV„\ the issues of visual impact, noise, lighting, access/traffic# restriction to non-commercial use, and future development restrictions. It is likely that a very few similar situations in which all the conditions could be reasonably met by an applicant, exist in Orono. ■i Zoning File #1629 April 16, 1991 Page 3 "Hoaeatead* Ose of Property Planning Commissioner Bellows at the April 8 meeting suggested that the principal structure on the property is not used as the standard "single family homestead" anticipated by the Zoning Code. The City Attorney in 1987 gave the opinion (Exhibit D) that the intermittent occupancy of the principal residence on the property does not diminish its status as the principal use or structure on the property. Staff Ke<tndation Staff has completed drafting a resolution for denial, which is attached. However, staff would recommend tabling adoption of this resolution until the City Attorney and applicants attorney have a chance to review it in depth. As of this writing applicants attorney was not sure whether they would be prepared to make a presentation at Monday’s meeting or whether they would request a further tabling. He will kn>.w on Friday and will advise Council accordingly on Monday. -sv o o % & ■ ^ CITY of ORON RESOLUTION OF THE CITY COUNCIL NO.________________ A RBSOLOTION DENYING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISIONS 9 (C) « (D) PILE NO. 1629 NHBRBAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et.seq. and 462 et. seq., the City Council of the city of Orono has adopted a Conmunity Management Plan and zoning regulations for the protection of the public healthy safety and general welfare; and WHEREAS, Craigbank Associates represented by W. Duncan MacMillan (hereinafter "the applicants") are owners of the property located at 1700 Fox Street within the City of Orono (hereinafter "the City") and legally described as follows: Exhibit A, attached (hereinafter "the property); and WHEREAS, the applicants have applied to the City to permit the construction of additions to an existing sports center/recreational accessory building. Such additions require the following variances: A. Individual accessory structure footprint area exceeding the 3,000 s.f. allowed for this property per Section 10.03, Subdivision 9 (C). B. Total of all accessory structuze footprint areas exceeding the 6,000 s.f. allowed for this property per Section 10.03, Subdivision 9 (C). C. Additions to accessory structure are located closer to the front lot line than the principal residence structure on the property, contrary to the requirements of Section 10.03, Subdivision 9 (D); and WHEREAS, the City Council has reviewed the application; the recommendations of the staff and Planning Commission; and the comments and written statements of the applicants and the applicant's agents. Page 1 of 9 o o A. CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. _ _ _ _ _ _ _ _ _ NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Orono hereby denies the application as described above based upon one or more of the following findings of fact concerning this property: 1. This application was reviewed as Zoning File #1629. 2. The property is located in the RR-IB single family rural residential zoning district. 3. The property contains approximately 13.5 dry buildable acres in area. 4. The Orono Planning Commission reviewed this application at a public hearing on March 18 and March 20, 1991 at which time comments were heard from all interested parties. The Planning Commission voted 2 to 2 on a motion to recommend approval of the requested variances. 5. The Orono City Council reviewed this application on April 8, 1991 and voted 3 to 2 to conceptually deny the proposed variances and «* ected staff to draft a resolution of denial. 6. The applicants were granted variance approval in 1987 per Resolution #2204 of the City Council, to allow construction of a 16,875 s.f. floor area detached sports center/recreational accessory building located between the defined front lot line and the principal building on the property. Resolution #2204 granted variances to Section 10.03, Subdivision 9 (C) to allow a maximum accessory structure floor area exceeding 1,000 s.f.: a variance to Section 10.03, Subdivision 9 (B) to allow such accessory Structure to have a defined building height of 33 and a peak height of 40' where only a 30' defined building height is normally allowed; a similar height variance per the similar requirements of Section 10.28, Subdivision 5 (A); and a variance to Section 10.03, Subdivision 9 (D) which requires that no accessory structure be located nearer the front lot line than the principal building on the property. Page 2 of 9 4- o o A i' • • V •! A "fV ✓ •'< • A' ‘\ .0N CITY of ORONO RESOLUTION OF ThC Cl FY COUNCIL NO. __ _ ___ 7. The following hardships and areas of practical difficulty for justification of the requested variances granted 1987 are as follows: A. As evidenced by the soil samples taken on the pr'>p'»vtyr the water table is very hie;' . Se veral samples indicate that the water lev-^J is '* 1 y 4-5' below the land surface. The overall '?i<;h» of the tennis facility could be reduced hy placing it deeper into the ground but for the level of the water table. Additionalr the composition of the soil also dictates the location of the facility. To move the building from the present designed location would require extensive soil correction. Both the soil composition and water table level are out of control of the applicants. B. The main residential structure is French Provincial in design. To move the tennis facility closer to or attach it to the main residence would severely affect the aesthetics of the residence and thus destroy the architectural Integrity of the building. Great care has been taken to design and landscape tne tennis structure in such a way as make it unobtrusive as possible. To relocate the structure may cause it to be more visible from For Street than it will be in its proposed location. C. Under the City ordinanceSf the construction of a tennis court is permitted use within ^one RR-IB and is considered an "accessory structure'’. The size of a tennis court is approximatexy 60*xl20 ’, for a total of 7»200 s.f. It is Impossible to enclose a tennis court (a permitted use) and have .* less than 10,000-12,000 s.f. after taking into ^-cnsideration perimeter area nee'^»'-i ground the court, changing areas and storage. P3ge 3 of 9 o o CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ________ ______ D, The orono Ordinances governing setback of accessory structures from the "front yard" is geared to the normal positioning of the house to the street^ i.e. the house normally faces the street and is located a very short distance from the street. The ordinance is intended to help preserve the character of the neighborhood as to not allow accessory structures such as garages# sheds# etc, in the "front yard" which can have detrimental impact to the neighborhood. Here the property i.» approximately 13.5 acres with the residence overlooking a small pond. The residence has its back to Fox Street (a full 400' from the street)# and is barely visible from Pox Street. Clearly this situation does not fall within the original and normal Intent of the definition of "front yard". The caretaker house and the tennis structure would be set back 125* and 150* respecti\>ily# from Fox Street. There would be no detrimental visual impact on the neighborhood by allowing a variance from the "front yard" ordinance. Landscaping v'hich would shield the structure from Fox Street has been incorporated into the design. E. Because of the size of the property and the landscaping design# the essential character of the neighborhood will not be altered by allowing the variances . 6. Based on the dbove noted findings# the City Council on June 22# 1987 adopted Resolu* I- -* #2204 on a vote of 3 to 2# granting the above noted variar.'tcs# subject to the following conditions: A. This approval is for ‘•.he construction of the structures nd driveway as shown on referenced exhibits. a# changes in plans which result in a relocation c" .tructures or driveway# or which result in an incr*.. ^ to the floor area or height of either proposed suiucturo# or which result in a reduction in the degree of screening proposed# shal 1 je required to be approved by the ty Council. Page 4 of 9 'nc. o o . - CITYof ORONO N RESOLUTION OF THE CITY COUNCIL NO. _ _ _ _ _ _ _ _ _ B. This resolution shall not be effective and shall not be filed in the chain of title for the property until the City Attorney has reviewed and approved a covenant to be agreed to by the property owner. The purpose of such covenant is to ensure the City the following: i. The sports center structure shall never be used for coimnercia 1 purposes but shall be used only by the property owners for their private use, and for the use of their fa»nilies and to non­ paying guests. ii. The sports center structure shall be adequately screened from the roadway and from the neighboring residences so as not to appear as a commercial-type structure. iii. Access to the sports center structure shall never be directly via the public roadway but shall access from the private driveway. iv. The sports center shall never be sold separately from the main residential structure on the property. V. If the property is subdivided, the principal residential structure and the sports center facility shall remain on a parcel of property that maintains at least 13.5 acres in area and maintains at least a 150' setback between the sports center and all newly created property lines, and maintains lopropriate screening for the sports center. Additional conditions of Resolution #2204 related to the caretaker residence and the use of Fox Street during construction and are not pertinent to this review. 9. The aj plicants executed and filed the required covenant in the chain of title of the property and constructed a sports center of actual floor areft 15,836 s.f., 1,039 s.f. less than originally approved. The building was completed and a certificate of occupancy was issued on August 15, 1989. rage 5 of 9 o o ■ ' > 'S. ■ <d' ' ^ ' X »v CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________ 10. On August 14, 1989, the City Council adopted Ordinance 72, Second Series regulating the location, area and height of accessory structures. Ordinance 72, Second Series was published and became effective on August 28, 1989. The effect of this ordinance was to allow construction of accessory structures in excess of 1,000 s.f. as a periritted use, the allowed footprint area increasing with v reage, subject to more restrictive setback requiremepcs, and subject to the property owner executing a covenant that stipulates: A. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the City in its subdivision approval may grant a finite time period in which the oversized accessory structure xemain within a principal structure, in order that a principal structure may be constructed. At the end of this time period the oversized accessory structure must be removed if no principal structure has been constructed. B. If the property is subdivided, the oversized accessory structure and principal structure will be located within a lot that meets the minimum lot area requirement for the given size of the accessory building. C. In subdivision approval, the setback required for the oversized accessory structure as defined herein shall remain. Such covenants shall be binding on current and future property owners and shall be filed in the chain of title. The tatther effect of this ordinance revision was to limit any property of 9.01 acres or more to a maximum allowed individual accessory structure footprint of 3,000 s.f. and a maximum allowed total of all accessory structure areas on the property to 6,000 s.f. Page 6 of 9 I' o o ^^esHO^ >• CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.________________ 11. As of the date of issuance of the Certificate of Occupancy for the structure constructed under the findings and conditions of Resolution #2204, that structure became an existing structure subject to any existing and future ordinances of the City. Although the sports center structure was constructed with somewhat smaller square footage than originally proposed or approved in Resolution 12204, Issuance of the Certificate of Occupancy for that structure terminated any vested rights for further construction within the approval granted by Resolution #2204. In order to increase the size of that structure outside the existing walls or roof of the building as it existed as of the date of the Certificate of Occupancy, requires a new variance application. 12. The applicant contends that Resolution #2204 allowed a building of 16,875 s.f. total floor area, and that the building constructed pursuant to that variance was only 13,886 s.f. With the proposed addition of 1,950 s.f., the building will contain 15,836 s.f. of total floor area, still being 1,039 s.f. less floor area than allowed in Resolution #2204. The applicants contend that the unique nature of Resolution #2204 and the covenants restricting future use of the property are sufficient justification to allow the building to increase to the 16,875 s.f. floor area approved in that resolution. Applicants further suggest that while the footprint of the 16,875 s.f. building approved with Resolution #2204 was 13,200 s.f., the building footprint as constructed was only 12,100 s.f. Applicants acknowledge that the additional 1,990 s.f. footprint addition increases the footprint of the building to 14,090 s.f. or 890 s.f. larger than the building granted the original variance approval. However, at the time Resolution 42204 was adopted, the building footprint was not a regulated standard in the Orono Zoning Code. 13. Applicant has stated for the record that one of the primary reasons for the enclosed tennis facility on the property is for the security of family members. Due to the high profile nature of the family business, family members are provided a greater measure of security by a private facility rather than having to use one of the avallablt- public recreation facilities. Page 7 of 9 1 r CITYof ORONO % ith\CN RESOLUTION OF THE CITY COUNCIL NO. _ _ _ _ _ _ _ _ _ _ 14, The granting of the required variances would be contrary to the provisions of Municipal Zoning Code Section 10.08, Subdivision 3 (A) with which the applicants must first comply in order that the variances be granted. The Council finds that: A) The property in question can be put to a reasonable use and is being used under conditions allowed by the City regulations for a single family residential property with accessory structures. B) The special conditions and regulations applying to the structure and land in question are not peculiar to this property or neighboring properties but apply generally to all land or structures in the RR-IB zoning district. C) Granting of the application is not necessary to preserve the substantial property rights of the applicant. D) Granting of the proposed variance will be contrary to the intent of the zoning code that create a single family residential zoning districts with limitations on the size of accessory structures. E) The granting of this variance will serve merely as a convenience to the applicant and the applicant has not demonstrated sufficient hardship or difficulty to justify the granting of the variances. Adopted by the City Council of the City of Orono on this 22nd day of April, 1991. Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor Page 0 of 9 Ir kJ,:. •il ii o o J*. ‘ «4 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________ STATE OP MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledg»^d before me on this 22nd day of April, 1991, by Barbara A. Peteirjo.-. 6 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 9 of 9 • • APPLICATION MO. CXTT OF OROMO v.C. Box 66 • .ry Bay, MN -V?57 NOTICB OP COONCIL ACTION 55323 Date of Notice; 4/16/91 TOi McNulty Construction Co 400 2nd Ave S, #650 Minneapolis, M^* 55401 COPIES:Craigbank Associates W. Duncan MacMillan Dept 28, Box 9300 Minneapolis, MN 55440 Jack Taylor Dorsey 6 Whitney 2200 First Bank Place East Minneapolis, MN 55402 TXPB OP APPLICATIONS Variance iTE OP TINGS 4/8/91 VOTES 3 For 2 Against OOONCIL ACTION - NOTIONS To conceptually deny variances based upon insufficient hardships, directing staff to draft a resolution for denial to be considered at the April 22, 1991 Council meeting. Applicants next meeting is Monday, April 22, 1991 in the Orono Counci’. Chanbers, 1275 Brown Road South. Meetings starts at 7:00 p.m. If you desire certified copies of the official Council minutes, they are available from the City Clerk after review and approval by the City Council. I- 5 13.03 Subd, 3. Variances; Issuances. A. In considering acolicacions for variance, the Council shall consider the advice and cecotnraendation or t.he Board and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. Before granting a variance, the Council shall hear requests for variances from the literal provisions of this Chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this Chapter. "Undue hardship" as used in connection with the granting of a variance means: 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. The plight of the landowner is due to circumstances unique to his property net creat.xd by the landowner. 3. The variance, if granted, will not alter the essential character of the locality. s. Economic consider.itiens alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this Chapter. 5. v''due hardship also includes, but is not limited to, inadequate aoss to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. 6. The Board of Appeals and Adjustments or the Council may not permit as a varianca any use that is not permitted under this Chapter for property in the zone where the affected person's land is located. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. 12. The granting of such variance will not meraly serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship or difficulty. Source: Ordinance 26, 2nd Series Adopted: 7-14-86 fH- k ' T X '‘t.i TO: DATE: rb: HA* , J. ‘\.- -> '*•w . • _ G^H ■ ti memorandum Michael P. Gaffron, Assistant Planning a Administrator Kathleen A. Blatr April 9. 1987 NicHillan Proposed Recreational facility #1119 I li•, J 9 .1 1^' f. rnmmmwm Aea Mmrf^h 11 1987« VOU S^Ht W0 % IMIIlOT8fUjUl8 COqUSStinfl “Siieroliibit the construction of an accessory actEsaujii?;: s mt.2’.u.!s». £ra'U!r.r:r.2:.!:“si;.“~“ ?!thSMl®foc!lIed**M ‘^he%rimary use. be does in a residontial district). The proposition that the Ian residence house Is not sound. There Is no ,5istrict in the City of orono that lists guest houses as a permitted use. has set up designated tones for homes to be^used^ #„ii ^iim without addressing whether the use has to be ®!J.* *V- Seie^ The City would be in a nontenabre position if it attemotedto deny accessory structure appllcstlons on the basis ;r«5Ju«'l(^"“*ct iJ W» . P*tt of the code. Pot 0M»plc, % I i A > t «o ^ HMQ to Hlch*ol P» Cif^foo April 10, 1907 FtOO * tM wllemt could '•i£JgJ>f[l*Sf*«!l !55iIe»tion*Ind lotot tlH !••«• »P«» pSJtSwre, It i» onutbl* SSSi.^'^^l K« c ?iS t «KJn.‘K“T.*X.{SJ}SiS ’.SS‘io5i":o?'JiU*.«,...«««th. inity. Pinal It » it jj **coSa*8tato«^than*an^accoasory use or Subdivision I to**and secvino th* principsl use or atnietute is !® subdivision 28 of th^aw Section ■ttueture on the _ •accessory separate diielling definos guest house jJSdjed iot;..%f the primary coMttuctod on on it would bo difficult for S3 “iw'to difII!d‘.“Soition to nhich the accessory use Is attached. sisamm- «»utiVTse tKe tools and *^*"^*5^ MacMillan appilc* .lon for the LMislature when reviewing the MacMillan PP substantial JnSational facility. The cide If the departure from the council do not feel that the challenged by the applicant. KAB/11/2236A ^ ^ ^ec: Mr* Mark Bernhardson •• ft.*,. . . ft.f —ft ♦ • - •. ^ ft •■ «; - ,■ X. -«!2C?^*^-«- f ■;‘.i*-.i-i-^*’ K'- •*- « t ► -s ^ . , _ __ -7 ,/-H , — f —• CWAIGBANK VARIANCE APPLICATION •» -♦• ^ » X. HISTORY OP OCCUPANCY AND USE if «• • %>*. ^ - -*i >U* ftCV trnm ,.«4< ift • “'<V Tho ppor' wa* fv fanil;) in mu MacMillan -* located at 1700 FoN Street# Orono# Minneaota * in 1930 by John H. MacMillan# Jr. Ha (and hia ; .he property aa hia reaidence until hia death •' property than vaatad in hia wife# Marion ■" , am continued to live in the house until her ’ • death in I9s0 wheraupo'^ the property want to her three ehildrmi* Hu^h# Ouncan 'nd Marion. Since all three children.;; wore adelta and had eawiOliahed raaidencea elaewhere# a partnerahip waa formed in 1981 to hold the property until another family member would use it as their reaidence. Ciarreatly# the ope-ty is used as the focal point of we MacMillan Family estate. The properf is used by members who visit from other areas of J»e country aa well as . for raaily gatherings. # The property has teen in the Family for over 55 years lAll continue to be held for the foreseeable future. It \ anticipated that a younger generation member will use tM property aa their residence. The Family is in a transition period between generations so no decision has been made as to which member of the Family will live at the property. IX. USB OF THE FACILITY ► -e .ftftH I'-/' V • t : fft. • -a % ♦ • ^ • • .*► • • » .9 ♦ • • ft • C ft ft . - • ♦ • A • • i, «• % ^ Vf- » * — ; •** The enclcaed tennis court is strictly for the Family and guest use. Th. *e are no plans# or desire# to make wy eoHMercial or corporate use of the facility now or in the future. ^ The applicants are willing to make any provision# either in the ordinance granting the special use/variance or i . the chain of title to limit the use of the enclosed tennis court to strictly private# noncommercial u*^e. . ' - - * ■ >.;• •# '••‘A Y.V TOA/c 4/6/87 To:Mayor Petersen & Crono Council Menbers City Administrator Bernhardson From: Date: Michael P. Gaffron, Asst Planning & Zoning Administrator April 2, 1991 Subject: #1629 McNulty Construction Company/W. D. MacMillan - 1700 Fox Street - Variance Zoning District - RR-IB, Single family rural residential, 2 acre, unsewered Application - Request for accessory structure footprint area variance to construct addition to existing tennis court building. List of Exhibits • Notice of Planning Commission Action 3-21-91 - Planning Commission Minutes 3-18/20-91 - Footprint/Floor Area Review Submitted by Applicant 3 18-91 Exhibit D - Memo and Exhibits of 3-11-91 Exhibit A Exhibit B Exhibit C Discussion Please review the memo and exhibits of March 11, 1991. Briefly, the applicant proposes a 1990 s.f. footprint addition to the existing 12,100 s.f. footprint tennis building. Applicant notes that the building originally approved by Council in 1987 had a footprint of 13,200 s.f- and actual floor area of 16,875 s.f. Due to a revision in plans prior to construction, the building actually ended up being built smaller than that which was approved. With the currently proposed additions, the footprint will increase to 14,090 s.f. (890 s.f. larger than footprint originally approved) but actual floor area of only 15,836 s.f. (1,039 s.f. less than originally approved). The following variances are necessary for construction of this addition: a. Footprint exceeds allowed 3,000 s.f. b. Total of all accessory structure footprints exceeds allowed 6,000 s.f. c. Additions are closer to road than principal residence. <• « # k- Zoning File #1629 April 2, 1991 Page 2 Planning CoBmission Recomnendat:ion The four members of the Planning Commission present at their March 20th reconvened meeting were split on their recommendation for these variances. The motion to recommend approval resulted in a 2 to 2 vote. Those in favor felt that the original reasons for granting the variance are equalIv applicable to the current request, especially since the building is less total floor area than the original approval, and that the structure indeed more than met the City s and requirements for screening to make it non-obtrusive in the neighborhood. The Planning Commissioners net in favor of the motion agreed that the screening had been more than adequate, however, they also felt that the original approval was not based on sufficient reasonable hardships, and had voted against the building originally. Staff Recoaaendatioii Given no clear direction from the Planning Commission, staff would again suggest that Council review the memo of March 11th and the findings and conditions of Resolution #2204. The applicant obviously feels that he should be allowed a building of the same floor area as was originally approved. The City changed the criteria for accessory buildings to the "footprint area" after adoption of that resolution. If the same findings that resulted in approval in 1987 are still valid, then Council would be justified in granting approval. The applicants did execute a covenant as required, that in conjuction with City Zoning Ordinances, severely restricts the property owner s ability to change the nature of the property. Staff recommends approval of the addition subject to continuation of the existing covenants and the findings and conditions of the pi^^vious resolution. However, because of the split Planning Commission vote, staff has not drafted a resolution, hence Council, should conceptually approve or deny the request and direct staff to draft a resolution for your next meeting. Isv CITY OF ORONO P. 0. Box 6& Crystal Bay, MN 473-7357 ZONING PILE #1629 55323 NOTICE OP PLANNING COMMISSION ACTION Date of Notice; March 21, 1991 TO McNulty Construction Co. COPIES TO 400 Second Avenue South #650 Minneapolis, MN 55401 Craigbank Associates w. Duncan MacMillan, Partner Dept. 28 P.O. Box 9300 Minneapolis, MN 55440 TYPE OF APPLICATION Variance DATE OF , IH TING: 3-18/20-91 VOTE: 2 For 2 Against planning Comlssion reconnends the following: Approval as submitted NOTES AMD SPECIAL CONDITIONS: Applicant’s next scheduled meeting is confirmed as City Council on Monday, April 8, 1991; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. lav ii\o twicriuuy oum|jny Proposed addition toMcMillan Tennis Court 1700 Fox SIrMt Orono, Minnesota Area Statistics Area as per footprint approved by Council Resolution U2204 ExIsUng Building as built 12.600 s.f. 12.100 s.f. 600 s.f. s.f. 13.200 s.f. 12.100 s.f. Existing Building plus Proposed 13.890 s.t. 200 s.f 200 s.f. . .y •••, ' •• ."v • .1,990 S.f^ 14.69d~S.f. area beyond original variance 1,290 S.f.-400 S.f.890 s.f. Actual building area approved by Council Resolution H2204 Hrst floor area 16,875 S.f. secona iioor ared Included In 1 si II.16.875 s.f. Existing Building as built 11.095 s.f.2.791 s.f.13.886 S.f. i^roposed Mllte .... ^ting Building plus Proposed «, ... .*.%. .r • • • ' • ' ** 1,783 a.f. 12.878 S.f. lG7S.f..... ......... ........ - 2.958 s.f. 1,950 a.L 15,836 s.f. arM beyond original variance -3.997 s f.2.958 s.f.-1,039 s.f.; IJHI" ^ M.*f kXM‘A.\em ./tfkUftt' TOs Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson \\ Pron Michael P. Gaffron, Asst Planning & Zoning Administrator Date:March Hr 1991 3ubjecb« fl629 W« Duncan MacMillan» 1700 Fox Street ~ Variance “ Public Hearing Zoning District - RR-lBr Single family rural residential, 2 acre, unsewered Application - Request for accessory structure footprint area variance to construct addition to existing tennis court building. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit P Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K - Application Plat Map Property Owners List Survey Site Plan Construction Plans Resolution #2204 Approving Existing Building Declaration of Covenants for Existing Building As-built Footprint Diagram Site Plan & Building Plans as Originally Approved by Council Zoning rode Section 10.03, Subd. 9 Partlnent Facts - 1.Applicant proposes 1,990 s.f. (footprint) addition to existing 12,100 s.f. indoor tennis building. The 1,990 s.f. figure includes a covered entry walkway of about 200 s.f. 2. Requested variances are as follows: A. Individual accessory structure footprint area exceeds the 3,000 s.f. allowed for this 13.5 acre lot [Section 10.03, Subd. 9 (C)l. B. Total of all accessory structure footprint areas exceeds the 6,000 s.f. allowed for this lot [Section 10.03, Subd. 9 (C)l. C. Additions to accessory structure are located closer to the road than the principal residence structure [Section 10.03, Subdivision 9 (D)l. luiHS ummZoning File #1629 March 11, 1991 Page 2 cf 4 3. 4. I’’- ^ Note the following facts A. Setbacks: Existing and figures: ProDosed Required Variance Front 143.2'Nc Chang*»SO' min. Rear 425'415'50' min. Left Side 266'252'30' min. B. Height:Although no elevation view was submitted , the e ITOOi. pxdn xiiUJLv^au^a »»-u * -u — building and less than 30' height limitation. C. Footprint Area: (Lot area = 13.5 acres) - Footprint per plan approved by Council in Resolution #2204 - Footprint as built, 1988 - Footprint proposed 1991 - Allowed footprint, individual accessory structure 12,600 s.f. 12,100 s.f. 14,090 s.f. 3,000 s.f. D. Total of Footprint Areas: Total allowed combined accessory structure footprints Total existing combined accessory structure footprints Total proposed combined accessory structure footprints 6,000 s.f. 13,828 s.f. 15,818 s.f. The existing tennis court structure was approved by the Council per Resolution #2204, adopted June 22, 1987. Variances granted in that resolution include: A. Exceeding 1,000 s.f. floor area (16,875 s.f. total floor area, included the first and second floor). B. Nearer front lot line than principal structure on property. C. Height of 33' defined/40' peak, exceeding 30' defined height limitation. Condition #2 of Resolution #2204 required that a covenant be executed by the property owners, with the following provisions: A. No commercial use. B. Adequate screening from road and neighbors. C. Access from private driveway only (no new curb cuts). Jl L Zoning File #1629 March 11, 1991 Page 3 of 4 D. Building can’t be sold separately from the principal residence on the ’property. E. Any future subdivision must maintain 13.5 acres and principal residence with the building, 150' setbacks from building to any new lot lines, and maintain required screening. Building permits for the existing structure were issued in the summer and fall of 1987, with a Certificate of Occupancy issued in August 1989. Discussion ** The original plans for this tennis court building included two double garages at the northerly end of the building. No squash court appears on the plans originally reviewed by the Council. After Resolution #2204 was adopted, the applicants deleted one of the double garages and rearranged interior rooms, apparently due to soil problems near the north end of the building. There may have been other reasons for this change,of which staff is not aware. Applicant is now proposing to construct the double garage plus a squash court at the north end of the building. Planning Commission may recall that this tennis court building was one of the major factors which lead to adoption of accessory structure ordinance revisions in 1909. Those revisions limited the footprint area of accessory buildings keyed to lot sizSf and required specific covenants for oversized accessory structures that would preserve the required lot size and setbacks. In staff's opinion, the location and screening of the existing building have not affected the character of the neighborhood. The tennis court building is barely visible from Fox Street in the winter, and is almost totally screened by vegetation in the summer. We have received no complaints from neighboring property owners regarding the existing structure. The proposed additions still more than meet the minimum setback requirements for an oversized accessory structure. Of course, because the tennis court building is closer to Fox Street than the principal residence on the property, a location variance is required. Staff is concerned about soil conditions at the north end of the building, and the Inspections Department would require adequate soils documentation and proper foundation planning to accommodate this addition if it is approved. r L 1; Zoning File #1629 March 11» 1991 Page 4 of 4 Nothing in the original covenant for this structure would disallow increasing its size. The Planning Commission is hardships and practical difficulties. Staff Rac idatlon - If the Planning Commission feels that the hardships and practical difficulties noted by applicant and noted in Resolution #2204 provide adequate justification for granting of variances to increase the footprint of the existing tennis court buildingr then a recommendation for approval would be appropriate. Any recommendation for approval should include findings that suppo such recommendation. I t « . b'atj'r atrwevf aoC,. iort 00 # • f Initial Application Fee $175.00 ($50.00 per each additional variance^ Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee) jt •n — « »% PROPERTY LOCATION Site Address 1700 Fox Street property Identification Number (P.I.D.) — Attach legal description to application if not included on required survey. APPLICANT Phone (home) Name McNulty Construction Company Phone (work) 3 39-0674 Address: 400 Second Ave. S, a650 City: Minneapolis _ Zip: 554Q1 ONNER (if different than applicant) Craigbank Associates, Name W. Duncan MacMillan. Partner Phone (home) Phone (work) 475-7510 Address: Deot. 28f P.Q. Box 9300 Citvi Minn^annirg- -Zip: 55440 Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land. PRESENT USE OP PROPERTY Present Zoning District Present Use of Property single Family Residential Other (specify) DBSCRIPTXOH OP REQUEST Estimated Construction Cost $ 200,000.00 Describe request in detail: Saua«^h court and garage addition tQ existing accessory tennis court building. VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances (Front Side Rear) Other Accessory Building h tion "*“®“Lribe undue hardship or practical difficulty resulting from strict enforcement of toning regulations; Strict enforcement - pescrihe unusual P^Pe^^V ^ larger than allowed under the accessory buiidinu cou(^ I8Q0IRED SUBMITTALS L. Completed Application Form 1. I. I. k k r. k Completed AppiicaT^ion rui.m owners within 150* (you must obtainCertified Property Owners List of owners witnin lo vy renter this list from Hennepin County Department of Finance A-603 Go ^ 348-3271). .... Plat M#»o (obtained with property owners listj. cirtiricate of survey (signed by a licensed r%-xlT" ftr hardcover calculations as required (provide one (1) copy 0% xll (existing and proposed elevationsl if any changes in existing grade are proposed (provide one copy • 8^'•xll") this application, please attach a separate list of any other persons you wish notified of this applies ion. Sditional items as may be requested by City staff. >he Applicant and Property Owner must sign this mei^er that y«n^ variance application is not comBlete if t.ie above haa not been included. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ agraos to provide all mquested by ""pay^^ a°nd%r consultant expenses ot this application, and certifies that the information tapplied is true andfiorrect to the best of his/her )cnowledge. pplicant'a Signature Date February 22, 1991 u ion and verification of this request. Oimer's Signature Date Jtoli^VM^rhlVe’ril submittals into the City offices 2S '**y» ‘{J* 55S«»I^ co-assion Meeting. Planning Commission t:; SSir'is^d .Ve^rin^'yourVlac’e' a^d'Vo* adv\“s.*"he"’B:r?din, a Zoning Office of lis change prior to the meeting. h i <5z #1 MM MTI 9t/tt/n tATCN Ml OMR NIM TRNRAYtR NMff/AOM SR OS-117-» 41 OMS 017M FOK ST CRAIOMMI RSSOClATfS CRAieSMRt ASSOCIATIS M SOK 9SM MAT 28 MPLS Ml SS440 HCMCPIN COUNTY PROPERTY INFORMATION SYSTEM PROPERTY OMNERS LIST SR 0S-117-2S 42 0002 018R0 FOX ST Ml L MALDRON ETAL NILLIAM L MALDRON IRRO FOX ST MAYZATA m 55S91 SR 0S-117-2S 42 01R40 FOX ST NILLIAM L MALDRON ETAL NILLIAM L MALDRON 1800 *0X ST HAYZAIA »94 SS591 REPORT NO. PX4SS401 PACE 1 MOT TOOAVfR NAM/ABOR SR 0S-1I7-2S 42 0M9 01S20 FOX ST CNARLtS N MARVIN CHARUS N MARVIN 1S20 FOK STREET NATZATA im SSS91 SR 0S-117-2S 42 0012 00440 RROMN RD S J a A L F MASSOPUST JOHN a A LINDA F MASSOPUST 440 DROMN RD S MAYZATA m 5SS91 SO OS-117-2S 4S 0001 OOOSO ADDRESS UNASSIGNED SUAO H AZNARI SUAO H AZHARI 174S FOX ST MAYZATA »tl 55391 TANPAVIR NANI/AOOR SR RS-117-2S 44 OMl OlARS FOK ST SALLY a HANSCR SALLY 0 MANSER loss FOK ST MAYZATA m S5S91 St> 0S-117-2S 44 0002 01745 FOX ST SUAO N AZHARI SUAD H AZHARI 1745 FOX ST MAYZATA m 55391 TOTAL OATCH 001 OMOO 38 02 117 23 32 0006 1560 FOX ST WHITNEY MACMILLIAN WHITNEY NACHILLIAM 1560 FOX ST WATZATA MN 55391 38 03 117 23 A1 0004 1620 FOX ST CARGILL MAC MILLAN CARGILL MAC MILLAN DEPT 2o BOX 9300 MPLS MN 55440 38 03 117 23 41 0005 CARGILL MCMILLAN JR ET AL LONGRIIX’.E ASSOC C/0 DEUILLBE DEPT 28 PO BOX 9300 MPLS MN 55440 I CERTIFY THAT THE FACTS REPRESEKTEO ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HErt«PIN COUNTY DEPARTMENT.OF PROPERTY TAXATION* TO THE REST OF MY RNOMLEOCE AND RELIEF DATE I ■t ^ t m :: 'i*' ^ '?!' •/ "VSL* • m • ji'•-*-v-‘.'<i'r*«>4jrt:-’ tr,.-. X St TO: moMs RB: orono City council lUcMillan/CraIgbank Application for Varlanco tppUctlon h.. b«n «d. to th. City of Orono to conotruct u. «Ksio.«l tW «>«» •" wUc-nf. proporty. Aceordinp to tt. ordl««e.. th. Undo^ior. «.t ptwtlcl dlffl- eoltlM or ■ h.rd.hip in eoniwetlon with tho orwitlng of th. o.rl»>e.> th.t U, th. prop.rty 1« »».tlon ewjiot b. put to a tM.on.bl. uM if und.r th. condition. .lloMd by th. official control, th. pli«ht of th. l«idoM.r. 1. do. to eizeuMtanc. unlqu. to th. prop.tty not crMtM by th. lu,«am.r, and th. v.ri.nc., if orMtM, .ill not .Itor th. •Montial character of tha locality. Th. wiicMt. b.llM. that thay hav. MMral «rM. of pcaetical difficulty or hardahip uhioh apply to thair application for varianco. They arc a. follow.: 1. A. MldancM by th. Mil a«*lM tahM on th. proparty tha watar tabl. la wary hlch. Sawaral aaaplM Indict, that th. ctor Id 1. only 4 to 5 fct bolow th. IMUl crfac. Tha ow.r.11 haWht of th. tcnl. f«.lllty could b. rCucM by placin, it dMpar into th. .roond but for th. Id cf th. watar tabl.. Additionally, th. coapcltlc of th. Mil alM dlctat.. th. loction of th. facility. To nova th. building fre th. pr...nt dclgnC location would rculc J ' •• -’-T? ; «xtm«iv« soil correction. Both soil com>osition and water table level are out of control of the applicants. 2. The eain reeidential structure la French provincial in design. To move the tennis facility closer to or attach it to the sain residence would severely affect the aesthetics of the residence and thus destroy the architectural integri­ ty of the building. Great care has been taken to design and landscape the tennis structure in such a way as to sake it as unobtrusive as possible. To relocate the structure nay cause it to be sore visible fros Fox Street then it will be in its proposed location. 3, Under the city Ordinances the construction of a tennis court is a persltted use within Zone RR-lB and is considered an •accessory structure." The size of a tennis court is •pproxisately «0* x 120*, for a total of 7200 square feet. It is ispossible to enclose a tennis court (a persitted use) and have it leas than 10-12.000 square feet after taking into consideration periseter area needed around the court, changing areas and storage. Additionally, the city ordi- ninnaa would allow the construction of an anisal bam or greenhouse as large or larger than the proposed tennis court without the need for a variance. Since a tennis court and a ncm are pemitted uses within Zone Ml-lB# both should be treated sinilarly. ; i t a <: I f • •! 4. Thm Orono ordinanc# govaming sat back of accaaaory atructuraa fro. tha "front yard- la gaarad to tha nomal poaitloning of a houaa to tha straat, l.a. tha houaa noraal- ly faeaa tha atraat and la located a vary abort dlatanca froB tha atraat. Tha ordinance la intended to help pre- aarve tha character of tha neighborhood ae to not allow accaaaory atructuraa auch aa garagea, ahada, ate. in the •front yard- which can have a detrlaental viaual i«>act to the neighborhood. Hera, tha property la approalMtely 13.5 aerea with tha raaldanca overlooking a aMll pond. The reaidenca ha. it. back to Fox Street (a full 400 feet fro. the .treat), and la barely vlaibl. fro» Fox Street. Clear­ ly, thla aituation doaa not fall within the original and norMl intent of tha ordinance and definition of "front yard." The caretaker houaa and the tennia atructure would be aet back 125 and 150 feat, raapectively, fro* Fox Street. There would be no datriaantal viaual iapect on the neighbor­ hood by allowing a variance froa the -front yard" ordinance. Landacaping which would ahleld the atructure fro« Fox Street haa bean incorporated into tha daaign. For thaaa raaaon. of practical difficulty or hardahip it i. requeatad that all needed variancea (height, aiie, and front ya.-d aatback) be granted to allow the applicanta to con­ struct a caretaker house and tannin atructure on their property, t^ecauaa of tha size of the property and the landacaping design, tha essential character of the neighbor- lioed will not be altered by allowing tha variancea. K£ . • OF T8B RBCULAR ORONO COONCIL MBBTINC BBLD MAY 11» 1987 I1U9 170P coHom INCMI NAaaLLAN A 08B n Prvsftnt for this nsttor wers: Jawsi McMulty of McNulty Construction: Consultant Planner Edward Rasok of Dahlgren, Shardlow, Uban: Attorney Todd 0. Andrews: Duncan MacMillan; and other nenbers of the MacMillan family. City Administrator Bernhardson explained the request for n variance and conditional use permit to construct a caretaker house and a 16f000 a.f* (in floor area) recreational faeilityr most of which consists of and indoor tennis court. He noted that the attorney for the MacMillan's has submitted a list of their hardships. One question is whether the construction of this facility may or may not be out of line with this particular sizeable property. Secondly# it mey not reach the level of hardships, however unique, to justify ^he variances. Because of these questions, staff recosmends possibly looking at an ordinance to regulate accessory structures over 1000 s.f. by the use of a condit.- si use permit. Mr. McNulty explained the proposed landscaping in order to minimise the effect ihat the difficulty in lotion of the the recreational facility due to the soils and slopes• Mr. Rasek further explained the careful planning involved in the final proposed location of the facility and their plans for two levels of 12»-1«* pine trees to accomplish year around natural screening. Mr. Duncan MacMillan explained that this property has been in their family for over 60 yedrs and has remained basically the same during this period of time and do not plan or desire to change the nature of the property. He stated that the intent of the recreational facility is strictly for family use noting they have taken great care, including filing a covenant pertaining to the use, to avoid any concerns from the community. There were no comments from the public regarding this matter. CcunciImembor Goetten questioned the location of the caretaker residence as opposed to being more centrally located. Mr* McNulty stated that proposed location seemed the most logical for maintenance functions and security. •vet . V • 9|« f. I • • •;♦ -f • * ' N21I0TBS or THB RBGOLAR OROMO COUNCIL MBBTINC BSLD MRt 11# 1987 ,m# mxuMi this is s 13+ acre parcel in a 2 acre tone. Assistant Zoning Administrator Gaffron noted that the applicant's proposed covenant states if the were ever sold or subdivided the recreational facility would remain with the main residence# **®*'*^^ not state that the property would never be subdivided. Mr. Andrews stated he haa submitted a proposed covenant to the City Attorney for her review but to date haa not * received a response. Mayor Grabeh stated that he felt the proposal wes compatible to this piece of property and that it would not upset the environment and natural state# taking into consideration that this property could be developed into - 7 two acre homes sites. City Administrator Bernhardson stated that the fdture of the structure may blend very well with this 13.5 acre parcel and with the appropriate screening and private covenants may be an acceptable product. Howei^r# the problem lies with any similar application on a 3-4 am parcel where the applicant ia willing prowid# th# same type of screening measures with equivalent hardships* the City nay be hardpressed to • variance. Therefore, staff suggests doing an ordinance amendment which would scale the else of the accessory structure over 1000 s.f. to the sise of the property and seth oks etc. Staff recommends this amsndment proc^m pri' - to approval of this application* which may ^lay approval of this application until late June/early «July« Mr. McNulty stated that this project would take approximately 5-6 months and they wanted it ready by winter. Hayor Grabek questioned if there was some way to accomodate the applicant yet protect the City? City Attorney Barrett felt that either the variance would have to be granted or table for the amendment# anything in the interim or temporary would not be appropriate. Mayor Grabek noted that this application started in March and a great deal of work has been Involved in finalising it to the City'a satisfaction# which in fairness should not be delayed further. 6 # #. Kr !»/ f n ■{: V !! I • i to* V: MXininS OP TAB RBCOLAR ORONO COONC2L MBBTING BBLO MAY 11, 1987 •1119 MMCNXLLAR CONTINUBD CounciImember Sime stated for all practical purposes he did not see that the City would be inundated with requests and that this would not be setting a precedent. Counci Imember Callahan agreed with Counci Imember Sime regarding the need for such an amendment. City Administrator Bernhardson explained that because of the few applications per year for accessory structures over 1000 s.f., staff still felt it was appropriate to address those in an amendment. a It was moved by Mayor Grabek, seconded by Councilmember Peterson, to approve the variance and conditional use permit as proposed. Notion, Ayes f. Mays 1. Councilmember Callahan voted nay stating he had difficulty regarding the sise an<* finding a real hardship involved in addition to his concern with the covenant and the future use. •1120 IZCMRD RAGATS 194S OOMOORDZA Richard Ragats was present for this matter. City Administrator Bernhardson explained the request for a permanent hardcover variance or for a.four year period of time which was tabled at the April 27th Council meeting for additional information froai Assistant toning Administrator Gaffron who handled this application and was not present at that meeting. Gaffron has since outlined in a memo the facts in this ease, of which he stated that*the issue of the addition was not part of the original application but was strictly an issue of side setbacks for the garage. Mr. Ragats* original placement of the garage was to avoid a hardcover issue, however. Planning Commission requested the garage be moved further back which did create a need for a hardcover va^-xance. Assistant Boning Administrator Gaffron'a recoiamends that a permanent hardcover variance status not be granted, finding no hardships or unusual circumstances and finding that granting such a status would be in keeping neither with past practice nor with toning code requirements. Hr. Ragats was present for this matter and stated that he requested to build a new garage in the same location as it exists. The garage on the property is on his lot line. The Planning Commission recommended a mere conforming location which created the problem of hardcover for a future addition. He stated that the T- w ‘ — { I I0 \ i .vie t#* « if •.4 -• .r*' S2s; cSiSu ^City M»lnletrator Sarnhardaon Miehaal P. Ga££ron» Aaat Planning » Zoning Adalnlatrator Nay 22* 1987 •1119 w. Duncan HacMlllan/Cialgba^ Maoelataa* 1700 Pox Straat - Variance and Conditional Oaa Parait ~ Molation Attached ic a rcaolutlon tot approval o£ tha MacMillan apocta caatac mmA eaxatakar raaidanca application. Q^^y^Xly ravlav tha £lndlnga *nd condltlona contained therein* aaA'iUbMke 'Cay appceprlata ravlalona • t ^ - I HferfS?*. k f V I • >1 au ?. ! iff C:> a b .v^4 . ■«. 'V mm BKLD MAY 26, 19874 MZimnS OP THB KBCDLAM ORONO COOWCZL M •lUT MILLARD C. Grabek felt that approving the application would be setting t precedent and the hardships noted do not justify this structure. He also noted that If staff receives complaints or sees any violation of the ordinances regarding these ramps, they should be handled in the appropriate manner. City Administrator Bernhardson stated that these are in violation of the 0*75' zone hardcover limit. Also, storage of the boat on land and in the front yard is also in violation of the zoning code. Zoning Administrator Mabusth noted that the applicant has only 30' of lakeshore not included in the conservation easement. Councilmember Coetten asked the applicant what hie coujfsa of action will be if the application is denied. Hr. Shull stated he will start an application with the DMR for a permanent dock with dredging. He also noted that approximately 1/2 of the sand bottom of the lake is silt. It was moved by Mayor Grabek, seconded by Councilmember Sime, to adopt Resolution 12182 denying the variance per Planning Commission recommendation. Ayes 3, Hays 2. Councilmembers Coetten and Peterson voted nay. MAiOaiXAR on PnMZT/VARZANCBMr. McNulty, representative for the applicants# was present. City Administrator Bernhardson explained that at the last meeting. Council directed staff to draft a resolution to allow the variance for the construction of a sports center with a conditional use permit for the caretaker residence. The resolution outlined S conditions which should be addressed covenants which needed to be met by the applicant# subject to satisfaction and acceptance by the City Attorney. One of the conditions involved setbacks and also left sn unspecified amount of acreage for thh Council to deem appropriate# in order that the primary house and recreational structure are always preserved as one. 1^. NcNttlty# representing the applicsnt# felt that by setting the ISO* setback limit on the recreational structure and the caretaker's residence from ether properties, that should basically satisfy the issue without putting in the additional acreage restrictions (9.5 acres would meet the ISO' setbackl. Applicant would prefer that the City drop the acreage recuirement as part of the covenant. The 9.S acres would leave a 4 acre parc^h'l t.' -he north and west# but removing the 9.5 acre restrict.o *ould allow a possible 2 acre split from the aouthea .. corner of the property. (• Sn I* r* I I.r ■ 4 7 ‘V m % j. <• V. i i • I « 1 !1 r. •1U9 W. •U39 4ai9 _ _or td laeaum oroko cooncil nbitxm saLD may z%, i»07 "^JJSJilmeSbera Sim® and Go®ttan expressed their concern JUSport of the application was based In part on that understanding. Mr. McMulty noted that the owners have to date to subdivide the property, however. It la i" the 2 acre xone and at some future date this may become a desirable option. City Administrator Dernhardson noted one minor Mend^nt Jn ?hf;isolutlon. Page 5, Condition • 7 should re.^ a. follows: "recording of resolution and the covenants in the chain of title. • counciImember Slme stated he is In favor ?! the 13+ acres, and if they want to change It they can come before the Council at a later data. Counciimember Callahan noted ha alao faala they should stay at the 13 acre minimum. Also, he 5® amend the Resolution, Pago 2, «C f following: "Additionally, the City ordinances would allow . . . both should ba treated similarly. It was moved by Mayor Grabak, aacondad Sine# to table acceptance of the resolution with the ..!nd.d Ch.n9.. to 9lv. wr. wcWulty tli.. t? ■inimun .CP..9. .nd Inability to Ottbdivl^ hiat a future date with the ownara and thia item to M brought back to the June 8th meeting. Motion, Ayaa a, naya 0. JR. City*AdminlVtrator Sarnhardaon ^VaaoluSlon to^ll* above the crown of the road on private property. Councllmembar Callahan asked staff if worded in ouch a way aa to protect the watlanda adjacent to the barm and staff ceneurrad that it did. It was moved by Couneilmambor 0««ttan* Counci Imember Paterson, to adopt Resolution fSltJ par ■taff and Planning Cemmiaaien recommendation. Notion, Ayes 4, Nays 1. Mayor Grabek vot^ nay stating he did not like the thought of having an !!♦ berm along «00* of roadway with a ssmll break for the driveway. Hli* ^ . - #■ * h - t •J *1 L ^ 1 ..mn < iT< • V-.'i vf / V • llii F—»?S|'‘''V - •^‘ ■ *5^ »* lbi Mayor Grabek Drone Council Mombera City Adniniatrator Bernhardaon I Miehaol P. 6affront Aaat Planning a Zoning Administrator June 4t 1967 t #1119 w. Duncan MacMillan/Craigbank Aaaociatast 1700 Pox Street - Variance and Conditional Permit - Moaolution List of tobllkita Exhibit A Exhibit B Exhibit C .♦ Reaolution as Revised per Council Discussions of 5/26/87 Council Action Notice of 6/3/87 Council Minutes of 5/11/87 Exhibit D “ Sketch of Rationale for 9.5 Acre Limitation Attached ia the revised reaolution per Council's coauients and discussion on Nay 26. Of the three changes noted (Exhibit B)t the applicants wish you to reconsider the request that the covenant allow no future subdiviaion of the 13.5 acre property. The applicants feel that as of your Nay 11 approval* such a requirement waa net discusaed specifically* and that they wish to be able to split off perhaps 1 or at most 2 additional 2*acre building sites for family members at aome future time. Xn reviewing the tape of the 5/11/87 meeting* staff notes that Nr. NacNillan stated he generally wishes to keep the property aa*ia* has no intent to change anything* and is willing to covenant samef his comments seesmd to relate to the residential* private character and nature of the property. Mayor Qrabek asked whether the covenant would allow future division of the property. Gaffron noted that thw covenant as proposed only keeps the tennis court on the sane parcel as the main house but does not address a division to create new building sites. Grabek in the aame context later in the diocuooien suggested that the potential aubdividability ahould be *cut thin** er as staff interprets this* be minimised. No where in the discussion was it actually stated that the 12.5 acre parcel "may never be divided** however* apparently in the minds of more than one Councilmamber* the vote of approval waa forthcoming only because of the large acreage of the property. applicant requests that you consider the 9.5 acre limit as recommended by staff rather than 13.5 acrea* which would keep the door open for 1 or 2 additional reoidencaa to be built in the northernmost portion of the property at some future time. An an option* applicant «»ould suggest that the resolution and covenant be worded so that although the covenant runs in perpetuity* future Counel la are given clear direction that if they find that a future proposed subdiviaion ia generally acceptable and meets the intent of the City's Comprehensive Plan and other Codes* that the covenant eon be changed. t f .1 I? >- - - - - - - - -■I- ,f«“.^ • V ^ Vi • *• V •»c' 4*' V ■^ • •.*, Seai09 FiX« #1119 9mm 4* 1947 2 of 2 if » «to will b. pr..«nt .t 9t30 p.». to dl.eo.0 tholr eooeotno. •» • a«*ff MeoMands approval of tha raviaad V------of bo- ouch «cro09O lot bosSSTflS-litT# ond oubjoct to dotofidnotioo of tbo opptoprioto „ 5SISL2?*2Si^^ or rt«"ltio« to f»t«r. City Coobollo. ]iM ty • • ^!44ilWK- ' * I nii9 \ NUflft.4W l<f WM OF ns XBCOIAR 01 :iL ITXIiG BSLD jnm 8» 1987 BMI NMOaUAB mMXT Thi« natter wee held over until thet end of the Council ISiJiM it »r*« ?.!1. »t which tl»« no topr.oont.tlv. wm moont JU.lot.nt toninp Molnl.tr.tot th” Mt. McMolty indlc.tod th.t ho would otrlv. ot approxlMtely 9s30 P.M. Councll«e*ber Slaie euggeeted proceeding with the Sjplicetlon If ell ^ e^lleetion} if not, it should be tabled. Hayor Crabek felt there were outstanding issues to be discussed with eppllcant/representatlve. City Attorney Blet* recoesiended that no action be taken without a repreeentatlve present It wee eoved by Mayor Crabek, seconded by Cosmcll Sine, to table this Better until a representative be present. Motion, Ayes 4, Mays 0. CouncilMnber — could •uaa no d XtlMO VOfBM'8 CAMP V V on mNXT/VAMXAMCn Present for this natter Backes. were Alan wiadorf and Joe citv Adninlstrator Bernhardaon explained that several weeks ago, the Big Island Board of Governors their conditional use pemit to allow fYtlrted continue denolltion and cleanup work ^***5 JJjJ last sunner. At approainately OiiSl?! thiprocess of their naster plan was started. S5 ‘Lrt SSSfiuiw'if wi* diJjr which buildings oust be 5“^™eould be fixed. On June 4, Building a Fire ins^ctor Jacobs conducted en rfifeV*\dVin?stratorsubnJtted his reoonnendation.Bernhardaon noted that although sene of the buildings ere deened repairable, it nay be noro denolish rather then repair. Be also noted that tiM guidelines are recennended to be •'t to conplete this project. 't.i- V'w* m Mi «— ^ II Oftttti fiBt Mayor Grabek Orono Council Membars City Adulniatrator Bernhardaon Michaol P« Gaffron* Asst. Planning ft Zoning Administrator Juno 1S» 1987 11119 W. Duncan MacMillan/Craigbank Associates» 1700 Fox Street • Variance and Conditional Oso Permit - Rosoltttlon Slat ^ MUbdLta txhibit A - Applicants' Proposed Revision to Resolution Buhibit B - Staff Memo ft Exhibits of 6/4/87 •*4 ** O'This itesi was tabled at the June 8vh meeting because the meeting eee eoaelmded prior to applicant's arrival. Applicant did •PP**^*^^** *5* meeting bad been adjourned* and subadtted proposed language to be added to Fnragra^ 2 (B) of the Conclusions* Order* and Conditions. Applieant*a agent Mr. McMulty has advised staff that the applicant agree to the 13.5 acre area minimum limit.ation as long as this wording t-mw^ be added. Applicant suggests that he does not want future Couneila to feel that they are precluded from approving a future subdivision request if they find that req*«est reasonable and appropriate. Alee* Ndhilty advises that due to mechanical design revisions in the final building plana* and due to structural material limitations* the aotwal square footage of the sports center will be increased appsojMmately 900 «•£• for an increaae of about 3% in total floor area. Staff would that the resolution wording also be revised to reflect this minor ehanye if Council approves the resolution. Staff staff race noted above. do approval of the resolution subject to the two ehangea I'- • ‘ j fc-T .. > r -L a . ( /• cv f 5 I • - «/m-.VI '-■M m t A* rf‘ r< » •• r *»%.». .V f nr ^^•’ *'.• •»^* . • ^ HilRint w to W luut OHOIIO COOWIt MOtIBO ■«“> J®” **' ***’ “i^^.i«l.tr.tor ••«•'«''•"/5r“;h".rV nortXSi.i «• ",yVAvV h“a'.„a P„11«>car on Willow Driva nna j.y , out uftur •••**>®'*;tl MirU luionflu occupuntu of tho „,tbo.«d ««'>• „Vt,t?. “ in««• irutr-vx.*"- rn/u'sri.'. Vo‘?tT.it.iT,’.ii Miring thair aaat bo It a. I » « •8 OrOKTt xa roM* [V.rrv,«» ^ ^ / - • v_taao3 N mNUXM Counei iMMbor tho Wooronborg Pork grc.«iting conditional app ^4 ^ hardeovor wariaocoMaator Plan as rowl*od and granting a n««w - i! thi 0-75* lakoahoro aotback sono. Motion. Ayaa Haya 0. Prosont for this aattor woro* Attorney Todd Androwa, and ^ntractor Ji» McMulty. ni^«T^.id ‘^‘:~t.“.rr Ks-.^. *iSr?ns ;:oS:s.dV.,‘rh.*j;.“."*ii:o*T^ F*?H tin nsin: in tho roaolution. to^MC^anical doaign ”;i.".S .S "ffi 'SK.S%V“i!Sta fo fitur. -bdlvUi^ l%^in‘o" « Clthdrir%M nHt'siihirn^fStSn nSdiywiStutrs «r>nnin^" T4n MeMulfcv atitod that tho plan roqoiroa an additional M? "T S ptStld. . roo. for on U.OO# »*-. pro.ouro tank for tho roquirod aprinklar •'*22 ISlaJilSthoro io no othor adoquato opaco within tho oxiating plan to placn tho lar^^ tanlio L i}.* ■ f Ii 3 $ H te •i 'A 0 >? \ <* > • / . t t oi • • .a TO wsatMi otoiw coowrix. »««txiic bld jub 22. 19»7 •1119 VllUraft SI roo« for . took «ltM« th. original propoaad square footaga CounciIsaobor Paterson concurred with Councll»«»ber Goetten. 1 i i •• %• f *’ •« «* ol fl % which ooot 4-a»rtod in tho rooolotloh* Bowowor* if?j;7po.ui« wtth Vh. City Attornoy 'I**;} »"•? Silling^to elthdrsw their request for Inaertlon of the proposed language. !iv*Av..ri.J::. A. •■■•«• »»a action. It was Moved by Mayor Grabek, sewnded by CouncllyeeitTjr SIm! to adopt MMlotlon MJ04 of to liiclod. th. .ddltlon.1 .Vi;! Muara footage. Noting the inclusion of ITV« statenent. Motion, Ayes 3, teys 2. Coo»ello.«b.r» C.ll.h.n ‘"f, 'VSr^ddrtiVB.l"»00 Caufic. iMoaber Peterson was against the adoitionax pwv SSr. fSS«o. eo«»cll.«bor Cll.h.h woicd hi. feelings at the last review. - 109 1 It was Moved by CouncilMeMber Goetten, •J®?' CottneilMSMber Peterson, to table Application 11122 until July 13, 19*7. Motion, Ayes S, Mays 0. •lue 7M m |9 MAD mDxoa *"** **It^VJ. oo».d by Cou*eilo.»bor 6o.tt.n. ooeohdod by Uun7lliJSl«r P.t.r.01., to t.bl. Appllctlon lUM until Ayes 3, Mays 0.July 13, 1*07. Motion, i f . rir: £ 'j i I p;» «4 j • «AS M ‘ifri T'r—*> at,'. t. 3 My 1997 Nr. ItlehMl Caffron ^•tal*B«yf MH 55323 .||pi Omt Nr. Gaffron: • _■ will find a reviled «e®o on hardahlp ieeuea for pX^MO do not heaitate to conta*‘t n>e. Ve Y/tj^/yo«f*» /r'v/^ »dd D. And! ene i. -: ri' i'?- f ■ 4l' I- %.■ i; - F'Itspw 5- 6f >-‘"- = ^ ■ ¥ F' I:. m aiYCF CRCNO ■>rr juasno ;\ •' April 18. 1991 S 1 9 I"" The Honorable Barbara J. Peterson, Mayor Members of the City Council Mr. Mark Bemhardson, City Administrator City of Orono P.O. Box 66 Crystal Bay, Minnesota 55323 Dear Mayor, Members of the City Council and City Administrator: RE: Zoning File No. 1629; McNullty Construction Company/W. D MacMillan - 1700 Fox Street • Variance As a 25-year resident of Orono and living at 1685 Fox Street, which Is directly across from the MacMillan property, I am writing an unsolicited letter in support of the proposed project. No resident of Orono is closer to the project or to the existing facility than we are and there is no one in a more appropriate position to comment than us. The MacMillans have been wonderful neighbors and always respectful of their neighbors, the environment, concern for traffic, and immaculate maintenance of the property and its buildings. Concerns about the original project proved to be unfounded, and to our knowledge, no one has been more supportive of the o ; ' *y job that was done. As a matter of fact, it's nice to see an occasional vehicle entering their property. As for the perceived negative en* iD.imental impact, there was none, nor would there be any with this addition. They have built with integrity, and not only does the building blend in with nature, but also the wildlife has been abundant and not disturbed. Only last night wc had Hve deer on our lawn and watched them cross the road very peacefully to the MacMillan property. I see no reason to deny the permit. The MacMillans have been good citizens, excellent neighbors, always wc!l*intcndcd and respectful of the integrity of nature and the environment, essenti^ character of the neighborhoood. proposed project. This project will not change the Wc urge that you support their Respectfully. S, Albert D. Hanser H W Ki'A f I \ ^ 'x « i \ I k'U’ [• M l> S ' r ' ’| .^ r It 1 ti X I n J r I . • •• . r ^ n t IhiHl ills t riilrr M I ri iH-tj 1H*1«- MN'*l41lii iHiJt 1 IH • ft V 1- i i ^, ^l^iiciS^iOiAm ® • 'Jr* ^ - fV*^ 1 ■*0^*- »*^ lOOittV Fil# #1119 mr Mf« S •< ’^ .. ._ .M*«>Anf>iA^s. fchM you ntts^ coo#ld*r wh#feb*t tli®It yo« find th«t It ^ •jJJffJJn* - orvnnntnd by th« •ppllenot «r« SSSV-..S Ki^^.r5isrs2: 2iiTiiUSiM«.r. UJ.iS? ?hK ».V..t if«.. i.t«»o»iy a-j .«*•• li^Vl SrllSlM »***>»• or r«rtrleti«i. i»r. pro»e..d. . . •ppcopvUMi '?oTS»w’S«. -lr«* «.** to droft »I«tieo bnnnd on your actions. irnwitimitTit. tied to alto and nao fnetorn. ^•rlnneaa fnntad eoneurrantly. Var»*4-L f'Lit - /-. f jf - P» •. * > \ X. ». A yi2^ ♦ I • 1 Zoaln? #1119 MarPar« 4 o£ 5 DlMMsiOB - Sit* riaaBiar Concerns - at the aoeciflc site planning issues have beenSp.ciflo.lly r.f.r to th. .t.tf «.«o. .nd exStbito of hpril 17 and March 11. laauea include* . Tho location of the structures and theeiml iapaet on the neighborhood (addressed in exhibits of 4/17/87 Staff aaaM). - 4* t - M4 144.4M ineludina on-site sewage treatment systems (sites have * *rfi^d bSt staffs review of soils nap indicates good "’^Jtt.S?ioy«tSr Mooly Uho .ports e.ntor will bo roqolp^l to ?i~ ^itwticn •SJlnkl.p .yot»). r«p.irii., . hlpbor cpoelty vail and water storage facilities. - Location of the structures and driveway in poreaption of being accessory to the principal residence). Diecaeeiea • Pee of th* raoility Xneladed as Exhibit J is a plat nap showing the ^'M’^SSiuIn! ; fanlly tlVl iSlnat S a largo «®n»rati<m and thoM aem high iotentlal that the sport* J® u!!U \or ciUSrate rather’ than private f.nlly rn^i aalnn alao^expressed the concern that the princi|Ml raaldence la ®®^ • hoMStoad but la occassionally used by various fanily nenbars as a short ter* roaidenc*. vhA ABalleamta have proposed covenants (Exhibit B-2 of 4/17/87 nano) to reetxic?th* use of the*^facility to private •?iM***thi%ityonlv be eold in conjunction with th* principal residence. Mtemy b.» cotlonod thot tho honootood or "®;*''®******^,prS^r .hoold not. in ond of Ito.lf. b. eonotdor.d .. • l.»ol b..t. to approve or deny the variances requested. Staff •toff .a«po.t. that council fir.t .hould cmo to n eonclu.ion o« to whotbor tbl. typo ond napnitudo of "apopta eantap faeili^ la apppoprlata f^mldwtlalMnoa in panaral, and thin proparty U partleulu. h.rd.*h'ip7"or'^i::a'! ‘.‘i/c'..".‘’t*.n*c%%r;i.*i‘d*'b: ss:‘.%\r‘:p%f.i: «i::: n .^ctiono - ■*-Xrr^ ■ • -ri^- t ^ Soiling flln tH19 NOT 7, 19S7 Png* S of S •■ion ■ogoctflng nntoro of Vorlonco Koqooot solotod to Propoood oporto eontor otruetureo rooulto in a x»500%-pluo Torioneo roguoot. mo liordohipo presontod by tho applicant aro, in otoff*o opinion* rorioneoo oro to bo granted to literal proeioiono of the code in inotoneeo where their atriet enforcement would cauoe undue hordohip beoouoe of circumatanceo unique to the individual property undor ooooiderotion*. ptoff would ouggeot that the MacMillan property itoelf in no t uniq|M within Orono* thot there are many auch propertieo of oinilor ao^^ with oinilor prinoipel reoidence otruetureo in the City* each of which yold Dototttiolly roguoot a aimilar atructure. There ia no apparent circuMtanoo unigne to the MaoNillan property (or to moot any property) that ouggeoto n proooed to deny any aimilar atructure on any rural reoidential property. of the property hot to the uae of the property. Staff ouggeoto it ^nuM M appropriato for Council to conaider a code amendmint that relateo allowable eooeooory atructure aite and height to property faetoro auch ao^ lot^ area* oethaoko* and ooreening* all within the framework of a conditional uae. Thio could aloo be applied to bama* atablea* and greenhouaeo. The water table/aoil compoaition hardahip preaented ia only a hardohip when taken in conjunction with the aeathetica of the exioting r*-oidential atructure on the property. Staff believea that neil a^ water faetoro would not* for inatance* prohibit attachment of the airueture to the main reaidance atructure. It could be argued that the propeaed height variance ia neeeaaitated only becauae a relatively lioited building aite waa ehonen* and might not be needed on other aore flexible but lean appealing aitea within the property. iL % •^ \ ••.vr.n;friiiir%-''41;[-) t- ZMila9 Fil« 11119 My 7, 1997 Ittf* 2 of S 2. th« r«qu«st Is to constructi csrstskors cottS9S of footprint 1»990 s«f« snd totsl floor aros 2»ai0 s.f. including garago* basanant and tvo atorlas. b) A *sports cantar* racraation facility of footprint 12*105 and total floor araa of 16*375 s.f. Tha sports cantor iaelodaa an anclosad tannic court* whirlpool and aaona* workout rooaif golf roou* gana araa* kltchanattaAot bar* nans and --------- raatrooM* four garaga stalls* plus an outdoor patio araa. ad by ataffi o^al Cuuoap tual datarad Vmmi/9r for this proparty apaeifl bl Zf ao* aca tha following nation • Xa a priwato sports faeillty of tbio for a rasidantial soning district in ganamlr illy7 aaUafiadt i) lardsliips or nnoanal cireuastaneos praoantad that prorido adoquato jns^ficatioo for tha raquastad warianoas? il) Pita planning coocams a ppropriatoly and suitably aad rooolwad? iiil Appropriata controls plaesd oo futura uaa of tha fadli^T of Plaaaiag CoBission wsmaoinifstioa - Planning COMiission on 4/20/87 wotad 3 for* 3 against tha following - RaceaBsndad eoncaptual aeeaptanea and approval of variancas fort 1) Aeesssory structures floor araat 2) Aeeoosory structuraa in front yardi 3) Sports cantar haight varianca (40* to paak* 33* ealculat'jd avaraga haight par haight dafinition). - Pacenawndad approval of conditional uaa panit for earatakar houaa. • Approval should ba aubjact tot 1) Suildar and ownar to work with staff on tha final road aad septic locations I 2) City Attorney to review and approve proposed eovenanta (to ba filed prior to issuance of building pansit). [ * r • ; I I f •I , /A ^ y\ .»„ .. ..... ■ ' - ^ V/- r • • ^ 1 // fot ,. • • f . x' •'^^-*Mayor Grabok J^.Orone Council Membara _ - City Adailnlatrator Bomhardaon Mchael P. Caffron, Aaat Planning « Zoning Adminiatrator Oatoa May 7, 1987 91119 w, Duncan MacMillan/Craigbank Aaaociataa» 1700 Fox Street “ Variance and Conditional Dae Pe 0j[^atrlet - RR-IB single Family Rural Reaidential - Approximately 13.5 Acraa Dry Buildable rmit ??*^eonditlonal 0.. P.r«lt for d.t.eh.d earot.kor houaa par fooia* Codm 8#ctlon 10e20# Subdlvisiofi 3 COe !irJ^~!a»r 'fSSf’lSt Coda taction 10.03, Sobdlvlalon 9 (D). 3) varianca. to eonatroet aatmotureap both in exceaa of IpOOO aaf. in floor area per aonx g Section 10.03p Subdiviaion 9 (C). 4) Varianca to alloa raeraaUonal facility atmetara haljht in ancaaa of 30 faat par Zoning Coda Sactlon 10.30. tobdlviaion 5 (A). Uet of Irtibita Bxhibit A - Exhibit B “ Bxhibit C - Reeiaed Hardahip Statement Sotted 5/5/87 tetter Prom the Street S/y07 Bxhibita Submitted at 4/20/87 Planning Commiaaion Meeting i) Hardahip Statement ii) Meighborhood tettera of Support iii) Reviaed Building Data aa,,«,Planning Commiaaion Action *»otice 4/28/07 Planning Commiaaion Minutea 4/20/87 Nemo and Bxhibita of 4/17/87 Planning Commiaaion Action notice 3/18/87 Planning Commiaaion Minutea 3/18/87 Memo and Bxhibita of 3/11/87 MacMillan Family Land Oimerahip Map 1. The property oener ia Craigbank Aaaooiateop in which M. Duncan MacMillan ia a partner. The property owner la repreaented byi sssi;.. Todd 0. Andrewa* Attorney Bxhibit D Bxhibit B Exhibit P Bxhibit G Bxhibit R Bxhibit Z Bxhibit J 1 V J ] ^ J ! I ||- Sr *• «»t Mayor Grabak Orono Council Mowbara City Adalnlatratoe Bamhardaon It Datat Mlehaal P. Gaffron, Aaat Planning 6 Zoning Ad»lnlatr«tor Nay 1» 19B7 #1119 W.D. MacMillan, Propoaad Tannia Court Pacillty at 1700 Pox Straat nil* Itw r«e.l»«a a 3-3 aplit vota on a notion to roeonnon, tpptvwl nt tho 4/20/»7 Planning Coamlaalon nootlng. Boeanao tl>a applleanta ara actlv.ly dl.coa.lng thl. «lth coonoll rn. a eepr of tba Infomatlon to data on thl. .pplleatlon 1. .«il»ltt«i fos yowr infoxwitlon. nia lta« la achadulad for tha May 11 Council *aav4.ngo r-.' t(K > • ar- * % NX1IDTB8 OF THE PlAlflllNG COMHISSIOW MBBTING HELD APRIL 20, 1987 •lUf MdULLMI Kelley read into the record a letter sutoitted by the applicants, MacMi I lan/CraigbanJc, outlining g^veral areas of hardship which apply to their applicAtion for vsrl^ncoe tiw Mr. t Hrr. William Waldron, 1880 Pox Street, felt confidont that the MacMillan* would fulfill their plan as proposed and they are in favor of the plan. Taylor stated that a large area of the square footage 1* for the tennis court, which is a permitted use. He noted applicant* extreme efforts to Intoority of the neighborhoode However# he feXt the nature of th » hardship, protecting the safety and Vc,tVA .7 v«; oVt:; ^ hardship type issue* the Planning Commission must deal with. He stated that he could reeoamend approval only if a unique hardship to this particular circumstance was established in order to prevent precedent setting. Cohen was jcncerned with the site of exception, setting a precedent, and finding a real hardship. Brown felt that the positive aspects should be focused on rather than hardships. Hanson felt the proposal was justified. Chairmain Kelley stated that hi* biggest concern was the future generation use. Assistant Zoning Admlr*strator Caffron noted Bellow* expressed the following concern* and/or suggestionsi -front yard location concern , > . , —driveway access should be closer/tied In more with the main rt fidence -concerned with the else and possibly reducing the number of function* in the tennis co».rt facility It was moved by Hanson, seconded by Johnson* to conceptually recommend approval of variances and conditional use permit for the tennis court facility and caretaker residence as proposed subject tot a) Builder and owner to work with staff on the final road and septic locations. toi City Attorney to review and approve ^o^sed covenants, and covenant* filed before the building permit is Issued. . ^Motion, Ayes 3, May* 3. Motion resulted in a split vote. Kelley, Taylor, and Cohen voted nny. 0 u* ^ «/ \ Lb. *’■ % • **• •'I, .• # • • mam or m plahhimc commissiom mbeting held apkll 20, i987 mcMi mbcniuaiinxify. ^1 7 99 m — COWZTXOM^ 081 ramXT family mambcrs. Aaaistant Zorlng Administrator raauest for 1) conditional use permit to •Xloft a caretakers house to be constructed on the same •• the principal residences 2} variance to allow construction of rocreation/tennia court (accessory structure). This application was the March meeting in order for staff adress the issues of concern relating to the variance requested (15001 future use of the structure and methods limit such use» and site planning coi siderations (septic location in relation to driveway, screening). Chairman Kelley noted the concern for a proven •hardship*. Assistant Zoning Administrator Caffron noted • legal opinion provided by City Attorney •J*^*;*5* concludes that a variance denial based ^Utv is a part-time or full-time utilisation of the is not a legal basis, and the Planning ®®^****JJ JJJ? Council should review the proposal degree of variance requested and the hardships presented as justification for the variance. Mr. McNulty explained the Pfopo»«< applicants intend to have filed in the J" order to assure the City that no commercial or corporate use of the tennis court facility the property were ever sold or subdivided, the tennis court facility would be bound with the main residence parcel. He further explained that due to the soil and S!ter table, there is a hardship Involvedj^ch dictates the placement of the tennis court. He she^ o£ the proposed year around screening in minim>( te the impact on the neighborhood. they r:sve met with all the surrounding neighbors (except one) who have all indicated support of the proposal. Mr. Hasek explained in detail the natural year around screonlnq to be provided* Vi 1 * ‘ V •(( >. J life TZi. L ssjssr, «. c*'?.. p«p.rty. XtM XXX* Site Planning n* mriV Aloe*t*d to avoid th* oalatind **ptic ayat**. Th* eweteket hc*u«e is redesigned slightly* eK**e 1 eshibits no apparent changes. Sheet 3 indicates the M^taji la tadMlsoad to inelud. a tuckond.r |.p.<i*, no* 3.1eeel total instead of 2. A allows sections through the site froai Pok Streetp •SlcatlnV thl “«i"hat pa.aln, .otoplat. «o«ld .ncoont.p toeard the tennis facility. teeo that the aoplicantc have attempted to screen the !Sd dri»*»ay tath.r than ^■V**‘rrptrt**lly due to concerns expressed by Mr. ncHUiryp appxAvanv. hoildert 2) Moving the structure near the voalO dasiage the architectural character of the eein as would attachmnte WECO me evplleent hea provided information ese of the exiating residence and has proposed specific controls 00 ^Ii0 use of tho proposed tennis facility* eiameine Cowlseion is sked to first determine on the basis of e|ie facta preaented by staff and applicantp whether there it a alfeifieeat hardship to justify granting of the variance of the sttfaitttde requested. eeeepteble* Thirdiyp then Planning Commission should andproposed specified controls on future use of the structure and the property ere appropriate. fe.< ‘•vV*, •"1 f V miu m i . V..i! £X^./=“ 5*7-B7 lOi Planning Commission Niehanl P. Caffron» Assistant Planning and Zoning Adainintrator April 17, 1987 t Film tlll9» w. D. MacMillan, 1700 Fo* Straat Conditional Uss Permit and Variance - Second Review Llat of Bahibita A B C O B Revised Site Plan 4 Sketches, Sheets 1-4 Additional Exhibits Subedited by Applicant B-1 Bistory of Occupancy a i Use B-2 Proposed Covenants B-3 Discussion Ret Sprinkler System B-4 Building Data Memo and Exhibits of 3/11/87 Planning Commission Minutes 3/16/87 Notice of 3/18/87 Hotel This item was tabled at you meeting of 3/16/87 in order for staff and applicant to address the issues of concern relating to the degree of variance requested, the potential future use of the structure and methods to control or limit ouch use, and site planning considerations. XtOB X. Quostient Dees the fact that the property is not itoaded constitute a valid finding of denial of the variance Answers la a legal opinion provided by City Attorney Rathloen Blots, she states that the City code dees net differentiate soning districts on the basis of the full-time or part-time use of residential properties. The idea that the existing resident struetnro on the MacMillan property is a guest house in itself is not legally sound, given that the cede dees not establish full­ time nnngo of the primary dwelling as a criteria for granting conditional use permits or variances. Blots ceacludea that a vnrinaee denial based on whether there is part-time or full-time utilisation of the property is not a proper legal basis, and the Planning Conmiaoien and Council should review the proposal in relation to the degree of variance requested and the hardships as justification for the variance. Item IX. Proposed covenants for use. The applicants have provided a proposed covenant to be placed in the chain of title, that states that the enclosed tennis court will never be used eemswreially and may never be subdivided off from the main residence. Zt is the City Attorney's opinion that such a doowent filed in the chain of title is legally enforceable. Zs the proposed wordinq conceptually acceptable to the Planning k • k m -.- ■ / ■'-72._v k. f6t MthlMn Blati. City Attorney TQM Berrett# City Attorney MjMti t. Gaffron. A««t PlaniUm t Jonin? *d«t»i*tp.tot March 31. 19«7 ‘and r..id.»~2 “ sj*STS,^:^ .trueta*. -h~ »• p'^;^»;\;rr4si^.id~«r »tw.Soperty 1« »ot hoiMeteeded and le not e ruix ^ mm!, the uee of wiS? livo oltowhero.to^leog tern yueat houee for camxxy wewi*»» _. _ __ - — — — — ^^ —e^< -------------- ----- mni Ooaa tha City hava “X fj*''* iSu^ ttaVroparty la S;*hISJiJ2uad“.^V/or ■»?; aaad al a al«,la-f.-Hy d-aUl". i» «• omal aoBM? OXKOMXMlt Vt^Vt^r«*?»»vSlIS l2tTr.tS5.5r^"*“’Oerporotion and the property l» owea oySSo rooidwit feaiii.y member, end la not homeateeoeoaUlan • rwvxwnv *••»**! ^-r — rivAT. S-aa W“^a?y" UWI w ---------------- !j5r‘iss;^a4%v ’/.'i;nrH.i«?ri^^^^ . r ••«#*'k' • .. iV ••Wmmrn m u- ...-r HjmflfM OF FB8 FUUfRIIVG COMMISSIOM MBBTXIIC BBLO MARCH 16 > 1987 flUf IMIZLKMI CUMTINUIDA« requested by Hr. H«sek, th« Planning Connlsslon ■tatad that tha following ara thalr main concarnat 1. Tha main housa ia not a principal raaidanca of any family aiambar.^ny lawxxy 2. Sisa of atructurOf futuro uaa« aereaning 6 aaathatica. 3. Row to ragulata uaa. 4. Acceaa to propoaad atruetura ahould ba from tha axiating raaidaneaa* drivaway. tm ,No ona waa praaant from tha public regarding thia matter and tha public hearing waa cloaad. It waa novad by Cohan* aacondad by Bel Iowa* to table thia application in order for tha applicant and ataff to addraaa tha iaauaa of eonearn; and until tha legal iaauea era reaolved. Motion# Ayaa 7# Naya 0. •112# KX lf4S OBID «. HAiGATX J 10i44 - lliOS ^Tha Affidavit of Publication and Cartifieata of Mailing waa noted. Mr. Ragata waa praaant for thia matter. I• • Aaaiatant Zoning Adminiatrator Gaffron explained tha propoaal to remove an axiating 14*x 16* ahad near the road and replace it with a 22*x24* garage. Thia would provide tha opportunity to locate the garage to meet tha 10* aide and 10* atreet aetbacka# however applieaat la raqueating a variance to keep the garage 2* from the lot line and 2* from the atreet* a a lightly better aetbaek aituation than the exiating but net meeting the coda atandarda. Applicant*a atated hardahip ia the elope of tha lot# however ataff doaa not feel thia hardahip ia valid. Ha noted that if the garage ia moved to the 10* atreet aetbaek line# a atandard driveway will bring applicant*a 7S-2S0* hardcover over the 2S% limit to approximately 27%. Mr. Ragata noted a hardcover diacrepaney which inelod^ tha deck and diaagreed that the deck ahould ^ conaidarad hardcover bacauaa when it waa approved to be built it waa net eenaidered hardcover. Re noted that tha hardcover amount ia critical bacauaa he plana a future addition. Chairman Kelley agreed with applieant'a atanea on tha deck not being conaidarad hardcover in thia particular case. T«5 •# a « «• t . 0* n i- I ^. h u I • f .• I « •. ) r my -w i • \ nil* lueMiiw omanm :?'prrvr;o^^jnnJMtiVAv s"?srf. - *i»t«r •<*Wly f.liuty *111 r.;irr.‘".V*i"««* •y"^ -* ••*•*"code requlrewents) Mr. McMulty ■**®'';J,52i^iJprct"o£ propoVe^^ minimal. «"y» of the emieting heeTy from POX S^'ViddVtlon? they plan to replace pine Jr^eViVtS; aJ:. “oV^dVireiaJ exVvation. Taylor felt it was near g# Vl^o expraaaed i»J.ct fron . V/i"..”?;. .««? on th. p..ia««tlnl . _ ,. by th. HneHlllnn f»ll»Mr. Melialtv .t.t«l It 1» o»"»* *» *"* partnership. Bellows felt there J?J3^2ithlat%^^S»antio^ i.e. a large ;”Si„ ^ouae ^ • ?:2iirJm*lS^r ToSid^* ?lV;e to a comeercial uae* There was a the"relr“ti^^^ s;T;ji;i!%v.iy.n« wo«w the family‘e corporation. Chairman without the •accessory use can be regueareo w*^n« principal use. ?-srci;r.ir.« t ^ • -V. V.4. «• ♦ -I •• A . . *• ft ■■■ ','. •.-.>= . V-V &* • •« ' f ^ - *•* ' V V f... eXM// r-,..-, mmmi or thb piamixiig coioassioH mbbtiiig hbld MAaca 16, i987 #U17 MOW th« boat to and from the water. The boat ■^nr«d on the shoreline during the warm months of the and** will not le stored in the V**”**?;- ^Vhe^SSf?’ winter months. Applicant has advised that the soft, lilt li"e »»ttom dMS not provide adequate •^PP^^tor m bMt lift and that dredging and filling crushed rock is not lino staffconstantly maintian with dredging and flllii^. Staff Hcommends approval finding no visual Impact of the structure upon the neighbors. NO one was present from the public regarding this matter and the public hearing was closed. It was moved by Hanson, seconded by ^ riciJilnd ap^oval per staff recosmiendation jr^llcn? ».t b.7«, u.lt.d w S« *V*.vl.*7*more track footage is necessary. Motion, Ayes 7# Maya 0. fUlf w. 17 oo > • 1 - > t WMIT a VAIUAMC8 ***®^n*“Jffidsvit of Publication and Certificate of Mailing was noted. Mpr.*.ntln9 th. pro|»tty ommt w,nt Jw. M^lty o< McNulty Construction Company and Edward Baaeit of aowaro Dahlgren Associates - planning cenaultaats. A.«l*t.nt yonin, *«.lni.trii«or Cfreouest to construct a 1,200 s.f. detached earetaxer »v* £:-LSdr*r.s; recreational facility stru^uree newr and iSerMt^nal facility atrwtwa. J*?? a.f.> J) to alio, r^rroational.t«eiUty in excess of 30 feet. He reviewed the following ioauee identified by staffi<i) Location of structures in -front yard b) Visual impact on neighboring properties ».4 • ’ »• . • *•4 i- fp IX t'.'t*^r. 9 « m . ».• dk 3 5^ k u Zoning Pil« •1119 March 11» 19®7 Page S of S ooneoming this requirement. wmmxg or xssow w® staff rbcwoowdatiohs ssrr 9i*«v ‘; ••■«** VhV p?inc5^ 1 «<* “>• S^h'orul?pri«ip«l .tructur. acting •• ‘h* «»"ctlon.l front yard. .. Staff Strt^ ll1?5Sr'o?nrti«ll'?:;i« n.l,h£,rl«, prcrtl... c. Staff r.co-«.nd. ‘\*VxiJ: aVln* y*f« :.%"h.ViVp.rpV.«!ILltationa in ^he toning code exist mal^ providing that a height •SffJorYatt «teri^^^ " • « .tructur. a. unobtru.iu. a. poiiaible. ask what other access controls might be proposed, if any. iiKsS/SS.-ris “/aus prohibits BBBWsrcial uses. *5 r. staff raceauiand. th.t rurX./w'USliidV that SST^i 1 testing and design for such systems be provi^d fii* coaiwll approual of tho faclUtiaa. 9*<^}r> ^ nrrmnmrnd, flrivm#av b# r€loc*tsd lo •• bo iiot Wlwl Wl# enistiae aeead drainfield serving the advlMaavaM ^euld be replaced at another location. Thirtly. start^wxew Sm sppliesat theta sprinkler system for fire nJildlnoU tbeTreSeetion facility, and applicant should contact the Building xnspsotor for details. 0. ftaff mould recommend approval of a Conditional Use tho caretSler house subject to the standard conditions that this shall not become a rental use. i •4 1 jli^bsaT ii#** • '•"W •, •*.. w I**. rt:. / I • • • • I .1 % Zoning Pllo •1119 March 11» 1987 Pago 4 of 5 Soction 10.03 Subd. 9 (C), limits accessory structures to 1000 a.f. in a rasidontial sons for a number of reasonsi i. Aesthetically, aecoasory structure such as garages, sheds, barns, etc. do not mil me T It visually enhance a residential neighborhood. ; ii. Accessory etructuro* over 1000 s.f. are classified differently in the Building Code and have different standards for construction and design than those under 1000 s.f.jlii. Accessory structures over 1000 s.f. have a high potential for housing a commvrciai operation in a residential tone. Staff mould ask Planning Commission to consider the -uture impact of allowing a 12,000 s.f. recreational facility to be eenatrueted in a residential zone. Although the MacMiliana have resided in Orono a long time and apparently do not anticipate any change# this structure will likely be in place for many decades. It has a DOtential to be used as a commercial recreational facility, although ttMt is not the owner's intent. Planning Commission should consider the future ramifications of the recreational structure, and perhaps consider what conditions should be placed on its use (since this is a variance request, you can put conditions on the approval). Item P. OtiUtes i. ON-8ZTB 8EMAGE TREATMENT. Municipal sewer is not available to serve this property, hence all sewage treatment needs moat be met on­ site. No soil testing has been performed or submitted yet due to frosen ground conditions, but staff has reviewed the aenn. Co. Soil Survey which indicates the soils on the site consist mainly of "Kilkenny* loams and clay loams with relatively steep slopes. Tmm •oils generally have slower percolation rates and seasonally high voter tables, often requiring the use of mound-type dralnflelds (the •oioting residence uses a mound system located adjacent (or under) to the proposed access driveway). Staff suggests that given the site includes 13.S acres, it is probable that suitable drainfield sites can be found, but the best sites might net be very close to the proposed structures. Careful testing and design work will be needed to assure that the sewage treatment needs will be met. A separata system should be constructed and alternate site preserved for each structure. The existing mound for the existing residence is apparently in a functional condition, but the proposed driveway must be relocated about 40*-50* further south to avoid any disturbance of that system (note that it appears a vehicle has already driven right over the top of the mound and left wheel ruts over its base - this must not be used as an access unless applicant plans to replace this systemT) ii. WATBK SUPPLY - Building Inspector Tom Jacobs has indicated that because the recreation facility is over 1000 s.f. and is not :» .’I tv I r%- /a. — ir,- - - -r ^ — 4 «'t% • # Zoning Pile 11119 March 11* 1987 Pago 3 of S Staff foola that there will be no significant visual Inpact on the noighbora* and with the proposed retaining walls and shrubbery acrooning of the parking lot* It Is unlikely they will ever see the atroetnro. Zt is staff's opinion that the strucutre will have little or no ▼iaaal i«paet on the neighboring property as long as the existing acrooning la sMintained. Jtoa C* Beight of Recroational Peoility. The proposed rocroetional structure is 40* high at the peak* However* the peak(at nboot olow. 998') is only a few feet above ground level at the neighbor's garage* hence it likely will not appear as an unusually high atrueturo fron the neighbor's viet^point. Viewing fron Pox Street* the visual height inpact of the atmctoro will likely be minimal ^ the existing screening both to the front and rear is naintained* and additional screening night be neeeaanry* The nost extreme view of the height of the structure will likely be fron the southeast at Pox Street looking to the northwest. The structure height limitation in the soning code again ia ■ainly for aesthetic purposes. A second reason* although not a factor hare* ia to *,ect whatever sunlight and open space ia enjoyed by neighboring properties. If Planning Comniaaion feels that the etrueture is (or can be) adequately screened given the topography and vegetation on the site* then a recomnendation to approve the height variance is in order* perhaps with specific conditions attached regarding the type and density of screening* and/or conditions as to the exterior color or material of the structure * so that perhapa acreening ia less critical. Steal O. Degree of tieeal facility. private control of and aeeeaa to the The MicNillsna are proposing this as a private facility only for nee of family members and guests. Zt la net (and tb city would not allow it to hr) open to the public* and it is not for commerical perpoaes. You #ill note that the caretaker's residence is located on the roadway which provides access to the recreational facility. This ia a conscious effort to maintain a degree of control over access to the facility so that the general public will be leas likely to visit the site uninvited. Also note that the driveway serving the caretaker house and recreational facility is from the private driveway, not from Pox Street* again a deterrent to public traffic. Ztem floor area of the structure “ concern regarding potMtial future uses of the structure. i Ir *• U • • • W ' w -V -''%m A .c*’ V . ••• -I* • - - V ^ • . • ^ . .. ^ . K I m0m %• * ■ . • • f'^ .. .-t- ^ r • s * ••. iT J. toning . *. Aid March 11» -»87 Pag* 1 o£ 5 lBt«n<l.d, but a detached structure of this magnitude in a raaldantial zone in Orono is unique), p. Provision of utilities - ihr£€iEPtHE7ioVTn^ « aprinkler syateai to meet fire aafoty eoao requirements). U8T or ♦ 4.8 mm Exhibit A Exhibit B Exhibit C Exhibit 3 Exhibit E Exhibit F ExhibitG Exhibit H - Application Plat Map Property Owners List Site Survey and Topography Caretaker Facility - Prelim. P^an and Elevation Recreational Facility - Prelim. Plan and Soils Data from Benn. Co. Soil Survey 250* from the principal residence. oh.*.^%%*J ”f‘j VubVj’jidjd tSi staff note, al.o that the caretaker houee “^1'JJfl'ii'l.Vabout the P^m line at Fox Street and the reereetlonel f.eiUty .bout ISO* bsofc. eioon th. above feet., ataff ""“I* ** *verieiiM to allow acceaaory strucvuree in the front yaro hooae bloeke any view b..*/ -- - woods west of the proposed parking area. nine, the propoeed recreational feelllty util alt "“'J”* the noUhborlns r«Kdenee, and ulll likely not jot above th. tree pa. a-v* V , A. exH- I rot 2S*B?U™b.“«J. «t, Ad™ini.tr.torsss s?:“ii,"ss:”»i«« H.»b«. y-7- V7 Michael P. Gaffron»S52 Planning * Zoning Administrator oimt Kareh 11» 1987 iminq PXtTUCTt RR-IB Single Pamily Rural Residential tOf MORI Approximately 13.5 Acres Dry Bulldable "“iTcSidltional use Permit for Detached Caretaker House per toning Code Section 10.20 Subd. 3(G) J:r.v:r\T TiJX reeidene^ per to «g Code Section 10.03 Subd. 9 (D> vav<«neea to construct a caretaker house and recreetioiwl 4) variance -o allow ticreatlonal fecility Jfructure height in ajteeas o£ 30 feet per zoning Code Section 10.2B Subd. 5 (A) TTlhmmwtY owner, W.D.MacMlllan, Is McHulty (Mrtlulty Construction Co.) and Edward Hasek (Howard g j^aoeiates, Xnc.* planning consultants) 2) «h« r«qti.«t 1. to eon.troct • 1.200 ks reatroosis, four garage stalls, plus an outdoor patio area. 3) Xasues idt..tilled by staff as being pertinent for dlacusslon Ineludei location of structures In "front yard* 1 B. Visual Impact on neighboring pro^f^l** .C. Height of recreational facility (40* main ground level to ' Mak. 33* avg. calculated height) __D? Degree of private controls on use of and access to recreational facility B. Floor area of the structures related regarding potential for future commercial recreation facility (commerlcal use Is not proposed or • • • I . a> I cv I •» in A >.4 .•M g!? c. ^ •% }■: '•a ' e tL § 10.03 (ii.) If the prot rty is subdivided, the oversize thft neets'the the given ,i = e of accessory building. iii.. In subdivision approval, the setbecV required for the ovejje-ire accessory structure as defined he. 1 :h«l? remain. such cove.. ...t shall be binding on and future pro^^^^ owners and snail be filed in the chain o. ti.le of the FroP«t - Source: Ordinance 7 Adopted: 8-14-89 2nd Series tf.TwJl e*4 .4 -an k Section 10.24, suoaivision a \oi -- - -- located 10 feet from the street or rear lor •^•3“'* '1™“ ^Cia corner lots. Source: Ordinance 26, 2nd Series AdGVT“'is 7-14-86 1. Location of Principal Building to JfeVSrihe n"^tSrn"l1l “dinrrt^1g? g5?!;S?il Si?«\^\V"^7en *the‘waVer »arR on whe laKeshore a?^ the allowable building line. 2, Variance From ...akeshore Setback Any 1 4 i^n 1* i nn tQT A V3ti.AnC6 flTOXIl tl2i0 T0 It0ni ^ t”ll Sa referred to the Minnehaha Creeh Watershed District for its approval before final action tnjs Couiiail. Source: Ordinance No. 155 2' '. active r' • 1: 2-14-74 OROMO CC 255-2 (4-1-84) I § 10.032* Oversized Accessory Structures are ragulacad by the fcllowing table: Lot Area 0-1.99 acre 2.00- 3.00 acre 3.01- 3.50 acre 3.51- 4.0C acre 4.01- 4.50 acre 4.51- 5.00 acre 5.01- 6.00 acre 6.01- 7.00 acre 7.01- 8.00 acre T'’rr .Maximum Individual Accessory Structure Footrrint Area Maximum Allowed "’oral or All Accessory Structure Footprint Areas* on a Prscerty 1.000 s.f. 1.200 s.£. 1.400 s.f. 1.600 s.f. ■-,aoo s.f. 2.000 s.f. 2.200 s.f. 2.400 s.f. 2.600 s.f. 2.800 s.f. 2.000 S.f 2.400 S.f 2,300 s.f 3.200 S.f 3.600 s . f 4.000 s.f 4.400 s.f 4,000 s.f 5.200 s.f 5.600 St^ 9.01 acre or more 3,000 s.f.6,000 s.f. * Excluding non-roofed tennis courts, pools, paddocks, arenas 3. Any Oversize Accessory Structure shall be subject to the following conditions: a) No such accessory structure shall be located within a required yard area (principal ■•tbacks mu»t be met). Further, no such rLidenle the front lot line than the front line of the , on the trocerty, and no such accessory structure shall be looted “.. yan 30* from the side or rear lot line regardless whether less strict rrincipal structure setbac) FPly* accessory structure shall b«s princi’*al residence structure o. '.e ..aximum height for such or the defined heioht of the ,aie property, whichever is less. c) Such structure shall be allowed only when the property owner agrees and covenants in writing with the City as follows: —^ i. No future subdivision will b« acoroved that places the stiwcHre within a lot ® UjSotri^a'y%“«n “ra' ATi\V^tlSrpe^'iod'^’k’^ wllc{.^'4h:“ov.I.fied allaaniry ntruetura nay r.main “i**'^* * '* ^e"S*d if if no principal structure has been constructed. ORONO CC 255-1 (8-14-09 ’ 7^ a § 10.03 Subd. 7. one Building Per no Planned Residential “ ,f te o^a lot'Vx ’eept mora than one principal ^ tnanufacrured home that shall «« “l“wU“s«bayf st«d^ or an existing duelling while a new principal structure is °°""^”®i'n,®must'’br‘a« by ^!^l”:litT.^r'si“a'lf^ip"oril^urn^^^^^^^ a certmcate of tne cxty ana an«_____-uch structure removed.ScVai^^y ior tSe^net s\7uVture “%nd 'such structure removed. Source: Ordinance 26» 2nd Series Adopted: 7-14-86 subd. 8. Lots to Face Streets. Each lot shall face on a public street o^acurocriate private easement. Subd. 9 ^Messory Buildings. - TTwiBe of Construction. No accessory bui Iding or ;o%%\Vu “<^:lor Sf“thV pSp^^ M • « ^ _B. Height Restrictions. No accessory building in the "R" District shall exceed the height of the principa u g. Zl shall a/accessory building exceed 30 feet in height. Source: Ordinance 72, 2nd Series Adopted: 8-14-89 r Area Restrictions. In all "R" Districts no JSr.Vt 't’h^b^cc^l.orVwill be allowed under the following condxtxons. 1 Not more than one Oversized Accessory e^raeture (OAS) shall be permitted on any property. An Structure ioa&j snaj.x ^ accessory structure of foot- Accessory Structure" xs e.xcept that the ?o^^"^iV,••aa^”ac:e^sVrr hVc^e^^sS'/^ .5?j£^^e\'-."uV.«‘s«i?rct%°c"Vht%7e=i.l .-bach restrictions of Section 10.03, Subdivision 14 (D); - Tennis courts - Pools, when po-’. basin encroachment-type patios) is greater than 1,000 s.f. - Paddocks or arenas ORONO CC 255 (4-1-84) 77^ -I U f:; r-k C: r < ti' ''ih e=Q:i?hfp ?^<2?F-fvt+ ii !• ........... -v...-. •0m • , S—------) 1 1 i_a_iH VW • * * m0^ • .. « . -4 « » • • » # w5p ^ • I.. «f ra^ir g-ayxigfT I fill9Sa:: -»-•r%/ i \ \^ . h /f I ^ > .;:s* -* r • K »• »» • \ N • t4 #A ■ • t: \ \ ---------.■* ,-,< . \ '• \ r. \ ■ .V ^ ' \ *'JUU>',/v \ ^ . \[v^rin^^» ''-'.•::''V'.t--#' — >' 'T ' ^ mS \ \ V' V.V. '•'-'ll ■ V '•«». I . \ N \m I ^:iJm \ \ K!k.^ ,3 f - _ r ( A V , ) uA *•:- / -T './ •'- ■''' * < > ! \ ''. ^•v-., > ' ^ .*-■^r V.' ^ |_\\ ) k:. - Bf(l9 ^0 pw?Tr/Cf^*‘T /2,D7&i^'— fe^sf7f»c^ !• 1 • . • • ,- — ««*.*.• -♦*. • H ti- > 'V A .£■• ~.- /Is coMi/rA'Mc (cL. 7. fl. 9. That violation of this Covenant shall void Rasolucion Mo, 2204 in its entirety including all the rights conferred upon Craigbank therein. This Declaration shall be filed in the Office of the County Recorder, Hennepin County a This Declaration may be anendeJ only in writing duly executed by the parties hereto or their heirs, successors and assigns. This Declaration shall be winding upon and inure to the benefit of the parties hereto, their heirs, successors and assigns. CRAIGRAMK ASSOCIATES A General Partner CITY^OP OROMO -By /" V Its M^tfor ^ I By i Its City Cl0 This Instrument Was Drafted By: Pophmm, Hsik, Sehnobrich 4 Kaufman Ltd. 3300 Piper Jeffrey Tower 223 South Ninth Street Ninneepolis, Minnesota S5402 ..,4* « Ir^' r-.•> r)F,c*.A»ATl<v; OF •'*ovf:sat.*‘; This Declaration of rov.,T..»r.is is m i !»» an! ont*»re.1 into this 13th *iay of July 19R7 by and between Craigbank Associates* a Minnesota General l»artn*^rship ( *Ci aiqbank") and the City of Orono* a Minnesota maninipa’. jorporation '“City"), WHEREAS* Ctaigbank the owner of a certain tract of land located in the City of Orono, bounty of Hennepin, State of Minnesota# legally described in the attached Fxhibit A ("Property**)# which is made a pact of this document; and WHEREAS# Craigbank .an male application to the City for a variance and conditional use permit to build un enclosed sports reereaeional accessory buildinq (“Sports Center**); and WHEREAS# the City Council granted the application on June 22# 19R7 subject to Craigbank ncotinq certain conditions sot forth in Resolution No. 2204. Now, •.■'HEREFORE, in consi loratvon of the approval granted to Craigbank as set forth in llcsolution covenant with the City as follow/a: !o. 3204, Craigbank does 1.That the Sports Center shall never be used for comnercial purposes but shall be used solely by the property owners for their private use and for the use of the property owners, their families and non-paying guests. 2.That if the Property is ever subdivided, the principal residential structure currently existing on the property and 'Sports Center shall remain on a parcel of pronerty that naineni'’ at least 13.5 acres in area and maintains at least a I'O foot setback between the Sports Center and all newly created property lines. 3.That the Sports Center shall never be sold separately from the main residential structure currently existing on the Property. That access to the Sports Center shall be solely from the private driveway on the Property as set forth In Exhibit D-l of Resolution Mo. ?204. 5.That the Sports Center stiucture shall be adequately screened as describe*! in rxhlhlts B-l through S-4, inclusive, of Resolution Mo. 2204 from the public roadway and from the neighboring residences so a* not to appear as a commercial structure. I : i I I f i f i' 1 ',rr."' f - ii! k- %>, m : y V-;! ^ V’.V . t- .i Bjsais-«e»«ydmi anai&JMgjaifcJ iras A* wmik iV^ secitOhi 4. £ — cr ■Jm o-t•tr CCl^lU^h 1 a!? •»T' t -aC/lC. / / ^ /J a• • • •»j. EXHIBIT B-4 HESOLUTION NO. 2204 t 1 1 p 9 #1 1 r « 1 • 1 • 1 «P«. • *ui*—1 .1 1 III' ^• -« 4 ✓ / V • ' I • f for V*•m It ■m m V'jiin m I __i.3 % t i ^ ' 5viy^/':vjN ‘i': ''' /f.-iT, '••*•'*•*• • •••••.I • 4 tXIIIDIT B-3 RESOLUTION NO. ^^04 # « ( •-)) « •V) •4 I - I (*t I i-. ^ , I - I ___I I li ^ ^ • L <{.• rr^"—I .* • . .i I ; .., I - J I “ ! M I '.'FD eO»> .:. I ^ i m 1 \ Sc^ •9^' t> ' r i I ^ t£i«« 1 i I*-.! 1 iZTlifcfe' * \!l.'--]0'irjiibf(>j»iii)iif CMHIBIT B-2 PESOlimOtl MO._ 2|04^ L T-i; \ t~‘i SMffi IPUmi • IM •# • • • • EXHIBIT B-l BcsourrioH ho. vv'’City of OROINO RCSOLUTION OF THE CITY COUNCIL NO. 220i Adopted by the Orono City Council on this 22nd Juno , 19 87 . doy of htr^* City Clerk Janes R. GrdbeiT, Mayor 7^ ujK5 Propoyty ^Skwior W-Av l} Po9e « of 7 fI City of ORONC) RESOLUTION OF TNt Cl T V COUNCi L NO ___________ h) The sports center structure shall never be used for coiMSorcial purrosos but shall be used only by the property owners for their private use. and for the use of their fainiliea, and non-peying guests. p) sperts center structure shall be adequately screened frosi tne public r« idway and from the neighboring residences so as not A9 n cowwcrcia 1*tvp€ ftructure. C) Access to the sports center structure shall never be directly via the public roadway but shall access from the private driveway, D) The sports center shall never be sold separately frois the Min residential structure on the property. B) Xf the property is subdivided, the principal residential structure and the aports center facility shall remain on a parcel of property that maintains at least 13.5 acras in area ana maintains at least a 1?0‘ setback between the sports center and all newly created property lines, and maintains appropriate screening of the sports center. 3. The caretaker residence shal 1 be for the sole use of the p**»s or occupants of tha principal residence and their domestic non-paying guests. The caretaker residence shall not bacoaa a aaparata 1 y rantad dwelling unit. 4. During construction of the private driveway, caretaker resident and aports cantar. all construction traffic that «*cas^s * aala shall aeeaaa Ton Street via South Brown *°*«* *"^ Orono Orchard Read. This waight limit aha 11 remain in such tins that a Cartificata of Occupancy is issued for tha sports cantar atructura, escept during periods of even nore atringant aaaaonal road restrictions. 5. Authorities granted by this recolution run with the with tha applicant, but are parmiaaive only and must be •*®'Cl^ by application for a building parait within one year of ®*^® ®f Caancil approval# or tha apacial conditions of this rasolution will aapira aa that data (Juna 22# IftI). f. yialatian of or non-coaplianco with any of tha taraa and condi- tiaaa at thia raaalution shall constitute a violation of the senii^ mM. ohail aatoMtically tanainate any authority ^rantad harein, and oDdtl Da paaiahaDla aa a aiaiaaainor. T. fiM oadaraigaad applicant has read, understood and i^re^ taffWI af thia raaalutian and on bahalf of hiaaalf# hia naira# mm4 aaaigaa# haraby agreaa to the recording of thia in tiM oDaia of title of the property, and haraby W®*® J® ~ aawaaaat (referanead in Condition 2# above) in tba to Mimm mi titla. CUv of OROiNO -•'Tt RESOLUTION OF THE city COUNCIL NO 2204________ « m •» ^ • COMCLOSIOIIS* OMOBI AMD COHDITIONS B«s«d upon one or wore of the above findings, the Orono City Council horoby grants the following variances; .VovV.- building of 1«,I75 s.f. in total floor area and a detached ®**^®^*^*^ roti^nce of 2,810 s.f. in total area, which accessory structures are nocsMilly reguired to not exceed 1,000 s.f. in area; B. A variance to Section 10.02, Subdivision 9 (D) to center structure and caretaker residence structure to be \®®*;*2.** prised between the defined front lot line and the U«i?ls*^nt!rr.r^the fron lot line than the principal building on the property i C. A variance to Section 10.28, Subdivision 5 (A) to allow the sport eppter structure to attain a defined height of 33' and waninue ll^^^lit of 40* where the defined easieun height allowed is norpally 30*» rsi ,r;A‘v:c:i r.; h.*VroVc«r gg^geture, subject to the following conditions; 1. This approval is for construction of the structures and driveway as shown on attached exhibits as follows; Bahibit B-lt UMlibit B-2i BlMlibit B-3t BablMt B*4t Site Plan Sports Center Caretaker Beeidence Screening Anv obopfos in plena which result in a relocationiv« ^ - - . - . "Orivbwov; Of which result in an increase to the floor area or City Ceuosil. rSvilU, • ««*•••»» *• »• •»,«<» *® »r *I«oonof. The purpose of such covenant ia to ^sure to the City the felleeiof I Page 4 of 7 * Ci ly of OROiNO WCSOCUTION Of TM£ city COUNCIL J204 D> Th. Oron« ‘ r:S\o structures from the fr ^ ^ i . house normally positioning of a house ihort distanco from the facet the street and is oreserve the character street. The ordinance a^i^Srr^trSeture. such as of the neighborhood as -front vard^ which can have a garages. to the neigSborhood. Here, the detrimental 13 5 acres with the residence property is residence has its back to Fo*overlooking a snail pond. The ^ ^ ^ barely visible Str..t (.full full -ithl" from Fo* Street. .k* ordinance and definition of W.rVU\d^; no"5.trln.cnt.l /h-ill/th. .tructur. fron Fo« Str«t h.. b«n incorporated into the design. altered »'y -’lowing the variance-. 7. Th. propo.od e.r.t.»«r "••*» *“ P«rfor ”»"=* »t«n<i»r<l. of fection 10.20, Subdivision 3 (G). • . W. city 5“iln”of AVnnfnjVomlV.rioV'i.pMt.'b^ yiruSw. O" th. health. ..f.ty and ».lt.r. of th. coimunity. iJveVi* y“?f fe"ct t^af for ether denser to neighboring propertiesi wourta w z dsmon- eofivenience tw the nVcMMrV*t/preserve a substantialstrable hardship or difficulty; is with the :;!nrr.;‘?h.*.h^ o‘?*.hT:cn?:, cod... . .... . City. 10. th. city Council fi"«* Y*; rr//.v.;.;“?2Udr.V.“”ix*«t ‘ ii ellee the guest house use aeneral welfare of the public. detrimental to the ^®*^J** !tirm haiard or oth^rMid met adversely affect light, air nor poee J •urroundlng r te neighboring ^',7of the property prMfty values and «h^*rtivas of the Joiung Code mill I keeping -ith tnn intnnt and objectives of ri.in of *•'- City. Sage ) of i: W (I:- Ife- City of OROIVO % — R6S0LUTI0N OP THE CITY COUNCIL 2204NO. '* * , 3. The property contains npproxir.itc 1 y 13.5 dry buildable acres in oreoe A The Orono Planning Comtr.issicn reviewed this fPP^* iibltc hcarT„°, on .varch U nnd April 10, 1507 at which tl»« eo^.nt. were heard from all interested parties. 5 The Oreno City Council reviewed this application on *«H voted 4-1 to grant approval of the proposed variances and SSnditional use peri^it, an/^r^cted staff to draft a resolution of approval. $. The hardships and areas of pr.icticol ^^ A) As evidenced by the soil sanples taken ®". water table is very high. ?everal samples indicate that the water level only 4 to 5 feet below the land surface. The overall height of the tennis facility could be reduced by it deeper into the ground but for the loeaticn of the facility. To reve the building from the present designed location would require extensive soil soil composition and water table level are out of control of the applicants* B) T!.e main residential structure is design. To move the tennis facility closer to the main residence would severely affect the aesthetics of the residence and thus destroy the architectural building* Great care has beer, taken to design and J tennis structure in such a way as to make it *® JJ possible* To relocate the structure may cause ^jj® visible from Fox Street then it will be in its proposed location. Cl Under the City Ordinances the J#.«Ii3lre?'*anis a permitted use within 2one RR-IB and #- *aeeeaaerv structure*. The sise of a ..ennis court is approximately 60»xl20*# for a total of 7,200 areas and storage. rage nf 7 e>tt ■ &■ c:it.vofORO>o flCSOLUTIOM or THt CITY COUNCIL ..n 2204 p*f VP,‘r; r i" ! I [ i' A M«MOI.UTIOIi anAiwmo fl VWJftW?B TB HliNieiMl. HUMlW G6liK MD ■Kcrion'io.at, wimmuoM * (j . AMD (iMAMflNd A U^Mrmi BPCTiow i®.ao» »unoivi«ioH J <oi FXLB fill* tmnnmhn, rmlahnnk Anaocl/Itcw «nd V?. ^“"^1^11-/15*2^ ^700‘or ‘o\%„Troc»r:.rr/ra..‘r;sr iV,Ai. d««erib«d «• followst Exhibit A» attached (hereinafter "the property ); and ?s,*iSi?rasi.'r.«i»’u. floor «.. Of 1,00^^^ uYo uii> tbo prineipi.1 building on tho pvoportyi la lo!UM ppMlt for 0 gueoi houa# uio aa raqulrad in Saetlen 10.I0> tubdiviaien 3 (O* ia?S« .^Y”^0C.^Y^ li\YY«°Vbo'’dVtinad fVoVt "fSt JirSflSripal bonding on rbo property, and «“«h Vi.h't*“o? dSJlnid building b.lght of » '«Vj.%2»d*tvY.Y.n'’a ‘?0 .bleJ*.'*^iMgutrlng a^ vorUneo to auction lo.0J. nuMivi»«^ itcieturoai and a tariUw ’M .YeSui; 1?.0J. »»bd*/v ‘l.lon g (0. -«»<'/•r‘,7*tbJ;\h2 sti uctur® b® Xoc®b#d no®r®P tho front lot 11 . m sasft5:iJf ““f»S"ViV’jiiuYa"V.i.t*"nt *at;sus;s%j*b«?!dis, aiiii d 2% stories or 30 feet in hei9hta M«« nnirORIp »* it MMLVIO by the city Council of Orono, mpxm NiMMSOtSt la fhis sppliestion ess reviewed as Zening file OlllOa a* the property is located in the IIR-IB Single Feoily Rurel PMiddStisl Sening District. Pegs 1 of 7 [■«At^« te±:: 1-^ p I r rW E. .'li ' [: rE"r''-I l-kliiA-.’m bf ■ V"^m- ‘fe-’-'-'- te-' r Ijf.i.v f. i } i r: ■t! t PIk: t‘- ■ P’i •r U u e U':.' <. P-p;;' b ^/V1. — lli- /'• • Vd w I- :rf ■ m ^■ji' 1.'.‘ |i l^i-Wfe >se;" b I"'Sf;;:;.mp,- Tot Planning Conunission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson % Frost Dates •hib ject t April 9, 1991 %Jeanne A, Mabusth, Building & Zoning Adminl^re^j^ 91634 James 6 Joan Mausr 3700 Bayside Road - VftrlAnc6 — Public Hearing Sooiag District * LR-IA fastiBant ordinsisoe - Required •30' Proposed ■ 10'6" Variance ■ 19'6" or 65% List of Bsllibits Bxhibit A Exhibit B Bxhibit C Bxhibit D1 Bxhibit B ‘ Bxhibit P Bxhibit G Bxhibit H Bxhibit X Bxhibit J Bxhibit K Bxhibit L Application Property Owners List Plat Nap3 - Hardcover Fact Sheets Existing Site Plan Proposed Site Plan 1977 Subdivision > Meclonan Nemo ’ Septic Nap > Elevations > Floor Plans > Cross Section Bpplicstioa - The applicant seeks approval of a a lS*x22* addition to the rear or north side of ■erueture The 2H story addition shall replace an existing paiiolrea thrt result in a reduction in hardcov^ within the 250-S00* setback area. Please review fJf? aHAeee (Bxhibit Dl thru D3). There is no house on the property to the east (review Bxhibit C), the house '**In (review Bxhibit 0) is located behind the subject . average lakeshore setback variance would be__M ^ tLODooraohy and existing year-round vegetation along wear io?lS« tK2L no vlW impact, tho .ntlr. otrueturo 1. ik frSSt «i t52 fnit Un. of tho r..ld«.c .t«ctnro to tba Koat. Althouph lot. ora not pl.ttod UmAwflWliVaA AWV wsa^^ aaw --------------------- of tba propartlaa b.»a aapacato parlaiStWlpSlS^.eLM tom liha. Tactoldl^y « address the need for an average lakeshore setback variance# ■tv V & P' W:i‘ w ir fife 0'/.' '3fe -4 HS H-! ^5- i;i-^ r‘.‘v •Tt ^L^.. q-'V • m'^. iM- Zoning File #1634 April 9, 1991 Pago 2 of 3The property was subdivided in approximately 1977 and at the time was soned R-IA, 5 acre minimum dry contiguous. The property was recently rezoned with the Landmark subdivision application and is now zoned LR-IA, 2 acre minimum lot density. Applicant notes the following hardships: 1, Interior layout/design - applicants have been asked to submit interior plans to support hardship {this will not be included in your Wednesday packet). Applicants' consultant has advised that they will be able to make the Friday packet deadline. 2. Architectural design of the structure would be destroyed if located at any other side of the house. Staff would add the following: 3. The location of the house on the property does not meet either 5 acre (50' side) or 2 acre (30* side) zoning standards• 4. Lakeside addition would destroy not only the design* but would allow the structure to encroach further into the average lakeshore setback area. S. Expansion to west is restricted because of existing septic system. 6. Structure will encroach no structure to the side lot line. closer than the existing Nr. Heckman's memo and septic inventory map (Exhibits H and I) confirm that the proposed addition will not inpact the existing septic system nor burden the existing system with increased use. Weckman does caution if the loft area is converted to a legal bedroom, the septic system would have to be evaluated at that time. The addition at a maximum height of 21*i* meets the allowed It requiresMnt of 30*. Qptiemm of Aetion - Denial. If denied, pi your seeing codei or ifer to the necessary findings in I i St. ■’;o Zoning Pile #1634 April 9, 1991 Page 3 of 3 Approval. To approve the variance application of James and Joan Maua of 3700 Bayside Road seeking approval of average lakeshore and side setback variances for a proposed 18'x22* addition to the rear or north side of the existing residence to be located 10*6” from the side lot line instead of the required 30', Approval is based on one or more of the findings noted abovOf and is subject to the following condition: Applicants are placed on notice that if loft area is converted to a legal bedroom* the septic system would have be re*evaluated at the time of such improvements. Udiitleaal Oo April 17* 1991 its and Planning CosMi salon Reco lations - Additional Bxhibit - Exhibit M - Floor Plan of Existing Residence The Planning Commission unanimously granted approval of the side setback and average lakeshore setback variance application of the applicants ad -ting the hardships and findings noted above# subject to the condition that would place applicants on notice that if loft a.rea is converted to legal bedroom# the septic system would have to be re-evaluated at the time of such improvement. The enclosed resolution has been drafted including the findings and conditions of the Planning Commission approval. If : i f ■ H K.* o o CITY of ORONOLW’jl 'yy RESOLUTION OF THE CITY COUNCIL NO. _______________ A RBSOLOnOH GRAMTIKG A VAUAMCB TO mnilClPAL S0RX1I6 CODS 8BCnOH 10.23, SimDlVISIOH 0 (B) AMD 8BCT1CNI 10.22, 8UBDIVI8X0H 1 (B) PILR •1034 WBBBBAS, James and Joan Haus (hereinafter "the applicants”) are owners of the property located at 3700 Bayside Road within the City of Orono (hereinafter ”Clty") and legally described as Lot 2, Block 1, Burger’s Bayside, H#*nnepln County, Minnesota (hereinafter ”the property*); and mniMAB, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10*23, Subdivision 6 (B) and Section 10.22, Subdivision 1 (B) to permit the construction of an 18'x22* addition to the rear or north side of the existing residence that will be located 10'6” from the side lot line instead of the required 30* and that portion of addition will be located in front of an average lakeshore setback line. MOW, TBBRBFORB, BE IT RESOLVED by the City Council of Orono, MinnesotaI PIMDIBOS X, This application was reviewed as Zoning Pile #1634. 2. The property is located in the LR-IA Single Family Lakeshore Residential zoning District requiring 2 acres in area for each residential lot. The property consists of 5+ acres. 3. The Orono Planning CosMission reviewed this appllcatim on April 15, 1991, and recoasiended approval of the pr^osed variances based upon the following findings and hardshipst Side Setback Variance A) The interior layout or design of the floor plan of the existing house will allow for an expansion only to the rear or north side. B) Architectural design of the structure would be destroyed if the addition is located at any other side of the house. Page 1 of 5 w iSi' o o . I -v% V. %. \\ V .4- GITYoTORONO 3**8BOi«? RESOLUTION OF THE CITY COUNCIL NO. _ _ _ _ _ _ _ _ _ C) The existing house is located 10* from the lot line. D) Lakeside addition would destroy not oriv the design, but would allow the structure to encroach further into an average lakeshore setback area. E) Expansion to west is restricted because of existing septic system. P) Structure will encroach no closer than the existing structure to the side lot line. Average Lakeshore Setback Variance A) The existing residence structure is located in front of the average lakeshore setback line. B) Lots are not platted to the lakeshore but have separate legal parcels that provide each with riparian access to the lake. C) Steep topography to the east will minimize any view impact upon a future residence. D) Existing year-round vegetation and topography along west minimizes impact upon existing residence to the %r«st. 4. Tha City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to otner property in this zoning districti 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is neoessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 --- 1 f''. ■A.* 1 Cf-'-->« ,4> CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5, The City Council has considered this application including the findings and recommendations of the Planning Conmiesion# reports by City staff* comments by the applicants and the effect of the aftt.r-the-fact variance on the health*safety and welfare of the community. COMCLOSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above* the Orono City Council hereby grants a variance to Municipal Zoning Section 10.23* Subdivision 6 (B) to permit the construction of an 18'x22* addition to the north or rear side of the existing residence and per Section 10.22* Subdivision 1 (B) grants a variance to the average lakeshore setback as portions of addition vill be located in front of the average lakeshore setback line. Approval is subject to the following conditions: 1. Applicants are placed on notice that if loft area is converted to a legal bedroom* the septic system shall be re­ evaluated at the time of such improvement. 2* Authorities granted by this resolution run with the property not with the applicants* but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval* or this variance will expire on that date (April 22* 1992}. 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the soning code* shall autosiatically terminate any authority granted herein* and shall be punishable as a misdemeanor. 4. The undersigned applicants have read* understood and hereby agree to the terms of this resolution and on behalf of themselves* their heirs* successors and assigns* hereby agree to the recording of this resolution in the chain of tiltie of the property. Page 3 of 5 j* IJ K.. ii o o 11 i\ A........)\v^j- z ,S’^. fc,i ^- ^*esHO^ >* .4- CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO._ _ _ _ _ _ _ _ _ Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 22nd day of Aprils 1991. ATTESTt Dorothy M. Hallln, city Clerk Barbara A. Peterson, Mayor Property Owner(a) STATE OP MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of April, 1991, by Barbara A, Peterson t> 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 4 of 5 f: V itfll'' V.: f !? A X V'■ r. l' • 'i' Mi'-r 1^, I? Ir, ■ ■r*'k:- hI b- F ■b;’" ? ■■ ■ B -r. N N ■^1 *.'. *v ' i'> $:.A I I \\A >• f* CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. _ _ _ _ _ _ _ _ _ STATE OF NZMNESOTA COOHTY OF HENMEPIN ) ss. 22for/~'. Notary Public w^Yhif and for said thT*p«si»nts) dascribad in and who executed ‘he foregoing ______1 g.Ka«- h«» (thev) executed the same as 199 thtt D«rson(s) descrioea xn ana w..w -------------- ---- - - InTtr^t, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COOHTY OF HENNEPIN ) Public witnin'*Md°for said - - Known CO mo i-w »•••- oarannfa^ daacrihe*^ executed the foregoing instrument» Rd^ek»o"Sdg^ that he (they) executed the sa.e as his (their) free act and deed. NOTARY PUBLK! MY COMMISSION EXp IrES Page 5 of 5 Sfi-i r.ly %. U P ¥ b' t r ■i I.:*:. CITT OF OROHO - VARIAUCS APPLICATIOH Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee) »rr i 1 •r -v-t P80FSRTT LOCATION Site Address. .7 • -cw « h to u > h V V .^v -.r:, ^ • ,* » i V -r M-i to • • V' jr;,\ • i/i* \_ _/ f ^ ^ ^ ^ r *^*'1*1. 2^ ^ JZ 2z>*rz *^ * •■*• -..Ci •» . -.V- va u'.vw "S ^ / ^ •* J Property Identification Number (P.I.D.)//V f-f Attach legal description to application if not included on required survey. APPLICANT Name a.L Phone (home) ^ Phone (work) ^ / ' -A / / Addres^ '3/7fet« ■ »b«/- City -*s t ^Zip; CZ^ (i£ different than applicant)Phone (home) Name Phone (work) Address:City;Zip: Date Property Acquired i \ ^ 5 (month/year) I (do) (do not) also own the adjacent parcels of land. 4 . t IT OSB or PNOPgaTT Present Zoning District Present Use of Property - .. Residential Other (specify) 4 I I IBST O^ecribe request in detail; Mq>»v>-- udcArtO-. I t f i I 4 D Lot Area Lot Width Setback Variances (Front _ _ Hardcover Side _ _ _ Rear) T S pfc V ■:-< 0Other ^ DgPL yASO— A. r i* BARDSHIPDescribe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; -ri4x: l. - Orv It -rv^e, AO>::>xO -n_- t~hc-U A*^»v L V. DBSGRIPTIOH OF DBUSDAL PROPERTY COHDITIONS Describe unusual property conditions preventing compliance with Zoning Code Reoulrements; U<s*r?~~ eg. c,.•jr.vy St.r \^fc tw. RB 1. 2. >\00 3. 4. 5. 6. 7. a. giSBD SDBNITTALS yo's. -tmZ:? Completed Application Form Certified Property Owners List of owners within 150’ (you must obtain / this list from Hennepin County Department of Finance A-603 Govt Center I 348-3271). ^Plat Hap (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy SH^xll" for reproduction). Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy B^-xll"). SJcetches or plans of floor t elevation views (provide 1 copy 8>s''xll''). As an addendum to this application^ please attach a separate list of any ether persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that voer variance application is not complete if the above «—ilJ.oa has nol: been Included.is£ APTLXeaUR'S 8ICBAT01IB The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses Incurred in review of this application, and certifies that the information supplied is true and correct/to .the t^st of his/her )cnowledge. Applicant's Signature Date ^ f ^ / 0_ _ sxauaoKB The owner hereby ackowledges and agrees to this application and further authorises reasonable entry onto the property by City staff, consultants, agents. Commission membe^, and Council members for purposes of investiga ­ tion and verification Owner's Signature Date l^licant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled smwiaw meetiafs of the Plaaaiag Commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorised agent attend in your place and to advise the Building 4 Zoning Office of this change prior to the meeting. yi:.. 'V- r: ■'i- h:f}. 'L‘•■V:t'- r>: MM OAlt 9S/tl/ra HirtCPIN COUNTY PNOPCRrY INPOWMTION SVSTEN PROPERTY DIMERS LIST BATCH OOA TAXPAYER NIME/AM SB 0B-117-ES tl 0001 OOOBS STUBBS BAY RO N cm OP ORQNO cm OP ORONO cm CURB PO BOX 04 CRYSTAL BAY m 55S2S OMMR NAHS TAXPAYER NANE/AOOR SB 0B-117-ES El OOOt OOOSB ADDRESS UNASSXONEB STATE OP HIIM STATE OP HtNN fONR« IIUCE LINE TRASLI OMNIR NMC TAIMAVER ' ti SB Ot-n7*CS EX 00X5 0S7B0 BAVSXDE RO JOHN BURBER ETAl JOHN BURBER S7S0 BAVSIBE RO LONO LAKE MN BSSB4 ♦ I TAXPAYER SB 0B-XX7-ES BO 0040 OOOSB ABBRESS UNASSIBNEO J 0 NMM A J E NAUS JAMES R A JOAN E NAUS S70B BAYSIBE RO LONB LAKE Ml SSSS4 TAXPAYER SB 0B-XX7-ES fO OOBS OBOSB ABBRESS UNASSI JOHN BUROER ET AL JOHN RUBBER S7S0 BAYSXDE RO limb lake mi BBSS4 ONER ! . w M t§-U7-fS M OIM m?i um Krr CITY sa 05-117*25 21 0002 05750 BAYSXDE RD JOHN BURGER ETAL JOHN BURGER 5750 BAYSIBE RO LONG LAKE m 55555 50 05-117*25 21 0012 05625 EILEEN ST JOHN G RIDGEON A NIFE JOHN • NAGOALEN PIDGEON lOnt GLEN NXLOING LANE BLOONINBTON m 55651 50 05-117-25 21 0016 05700 BAYSIDE RO J B NAUS A J E NAUS JANES B A JOAN E NAUS 5700 BAYSIDE RO LONG LAKE HN 55556 50 05-117-25 26 0070 00050 ADDRESS UNASSIGNED J B NAUS A J E NAUS JANES B A JOAN E NAUS 5700 BAYSXDE RO LONG LAKE m 55556 50 05-117-25 26 0006 00050 ADDRESS UNASSIGNED JOHN BURGER ET AL JOHN BURGER 5750 BAYSIDE RD LONG LAKE Itl 55556 REPORT NO. P1655601 PAGE 15 50 05-117-25 21 0005 05700 BAYSIDE RO HAZEL ANDERSON HAZEL ANDERSON 5700 BAYSXDE RO LONG LAKE m 55556 50 05-117-25 21 0015 05650 EILEEN ST D H ILSE A S L IL8E DAVID A SHEROKEE ILSiS 5650 EILEEN ST NAPLE PLAIN Itl 55559 SB OS-117-tS 74 00S4 OOOSB AOOIMSS UNASSIBNEO HERBERT T OLSON 4 NXPE HERBERT T OLSON S440 BAYSIDE ROAD LONB LAKE Ml SBSB4 SO 05-I17-7S 74 0007 ooosa AOORESS UNASSV DANIEL P CAHILL HRS DANIEL CAHILL 774 N 5TH ST DEUVAN HI BSXXS SO 09-XX7-7S 74 OllB ooosa AOORESS UNASSIBNEO STATE LAND DEPT CITY OP ORONO PARK 4/1S/79 ST DEED 1B47BS fT) TOTAL BATCH 004 000X4 4/XSm ST OEIB XS47BS « > < I r it. I . i.. K- '■.? * te: %■ rl’t • i'MM MTI OS/tl/n MICH 00* \< .»l *» < * • I I J <1 M t • » *, •i ! ( !• I :i .! ♦ : ’ I V f 1 mu iUx il it ---------1^- -^IM. . HEItCPIN COUNTY PROPCRTY INFORNATION SYSTEH PROPERTY OMCRS LIST report no. PI4SS401 PACE . U Li:'ty- # f »I- m • . » r' |r£;-ai^ V ii .' • ‘. ' ? 1 CERnFY THAT THE FACTS REPRESENTEO ARE AN ACCURATE AND TRUE REPRESCNTATXON OF INFORNATION AS XT APPEARS TNXS DATE ON TNE OF THE NEMCPIN COUNTY DEPAR1NENT OF PROPERJY TAXATION* TO OF HY RNONLEDOE AND RELIEF PAR1NENT Mm?/.• \ ^kI »•i' P I ■ I-' C-' X 'HARDCOVER CALC'JLATrON WORKSHEET SETBACK ZONE: (CIRCLE ONS) 0-75' 75-250' Existing Hardcover in Zone A. House LENGTH 5Uto -^1 \2. ^ acD a (o y a. Garage 3. c. Driveway 0. Sidewalk 3 E« Patio/^Di a a lECX lo p.Lanoscare _ AREAS UNDUUIN BY , _____PLASTIC SHEETING j Q Other WIDTH ‘t- \ 1 2 0 5^ I ^ Zc5 Total Hardier in Zone Total Property Area in Zone 5CC-1CCQ' S.P S.F. ^o*-i S.F. S.F. 3 2 S.F. S.F. S.F. S.F. 7cr S.F. S.F. S.F. /So S.F. S.F. S.F. ZOO S.F. S.P. S.F. ivn y i.r. I AI .r. [il nfl^% m-:.j \ ■V l-y .1- - , -‘4 d r.f- i:' .r r w W- HARDCOVe=! ULC’JUTiCH WORKSHcci ScT3ACX ZONE: (CIRCLZ ONE) Existing Hardcover in Zone t % •i "I wjT ' ' ■'3*'. ' *• SHUT jr J '/f;-25y.. 25o-;cD'-'-'5co-:i?co' A. House J=i!J ____ LENGTH X WIDTH C> X \1 S'I'-fC 15 X »6 ys' S't ». A •• • X „—2-y — {-9-2^ S'X / 76 B. Garage itf X 3^0 ( c. D riveway 13 X 1 io 30 ( X 0. S idewalk M X Zo J X s _ X s E. Patio / D eck S'X iS /2i)s F.Landscape . - - X .•s AREAS UNDERLAIN BY X Zo 1 2.0 s PLASTIC SHEETING 9 _ X -s «. Othm ^ _____ Total Hardcover in Zone - Total Prorerty Area in Zone /65*^ S.F. S t f* I S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. m Jtofc ^Q] ,100. ^ S.F. e^Z 0m % .A-------w_.— fe i- ■ O'*-. K. , 1; r\ r '•^r ?■ ■■ T Jr 'k ‘ .■••:■ jv ; ?-.-■■■ SiV~ • i 1^: rf' * •'!I' I-|5s E xisting Has ^cove.^ in Zcne A. House ^ V ____ LENGTH GC 5i*:0 ^ ^ « \t- ^ 2 ___^ B« Garage % c. Driveway 0. S idewalk c. P atio/ Deck R. Landscape ____ UNDERLAIN . ^ lY t ■■Iji PLASTIC SHEETING s. O ther . X . X Total Hardcover in Zone • —- Total PROPERtv Area in Zone r ^ 1 .iL'.x.. C" . 0-75' 75-250'In1CC-IOCG' 21-S.r. WIDTH ♦ S.P. VC. 2.0 S.P. • S.P. 32'^S.P. 2C ZJH.S.P. 3/ 2.S.P. « S.P.fON1 1l:r S.P. S.P. s S.P. S.P. • ■ 1 S • P» Xo .zoo S.P. isys^ j\^C> ^th i4/4C ^ 4fco ''JSC •i.** S.P. S.P. S.P S.P * • -375'V7 S.P . S ■ CD [7j_/5yy_4[Bp5£i2_ X 100 U-L % I?. u I., a: I i i.* 'S iv&r ^;: V ; i” i' ri. :-:• Ir-:1; fc- « '« T N > 8 > V \ vnc > :2*^“jr.:::'^g '-ccaticn Surv-^y . ^'cr Jarfs 3. ir, in Lot 2. 31:;k 1. Bur;-?r'i 3ays;i5 H^r.ncpin County, Minn>ssota Ma >D 44 ti I4t : > :i^ - -;» OCCt'i .. . . . . /*,« j *?r»L£^/»T *■-- I hereby certify that this is a true and correct reoresentation of a survey of the location of four buildings in relation to the South and East lines of Lot 2. Block T. BURGER'S BAYSIDE. It does not purport to show other improve­ ments or encroachments. '•4.4 J! •1 bV*C Scale Date 0 1" = 50' 3-17-87 Iron marker "CI^’ mm coffin t GNONBERG, INC. .^lOunfy Kogj ^Jo 0.^m -T Mark S. Gronberg Lie No. 12755 Engineers, Land Surveyors & Planners Long Lake, Minnesota *0' Villi dih ‘J f Tos Jeanne Mabusth, Planning & Zoning Administrator Steve Weckman Dates April 5, 1991 Subject: Septic System Evaluation for the Proposed Addition at 3700 Bayside Road SYSTEM SIZE AND CONDITION The existing septic system was installed in 1970 and a permit was Issued. The tanks and drainfield are believed to be undersized, but little is known regarding the system construction. It is expected that the system met the City Code at the time of installation but does not meet the current Code* Inspections since 1982 have revealed no evidence that septic system is not functioning properly. The proposed addition to the house is not expected to have an adverse impact on the septic system. The addition will not encroach on the septic system as the expansion will be to the north and the system is to the southwest of the house. The addition consists of a family room and a loft area only. As the expansion does not indicate the addition of a bedroom, the system is not expected to encounter any increase in usage. If at some time in the future the loft area is converted to a legal bedroom, the septic system trould have to be reevaluated at that time. The septic system should continue to function satisfactorily based on current usage and system condition, therefore no system upgrades should be required. lev ■i *■: 'V M- Ki-.mw'-IP:- n.^.hi-. '’X|: h il;-.,* «• ' mm f.INSPECTION RECOHD DATE COMPLIANCE /Zz'Z^^BVL AtocwW^c/#u6 AJcmst^ 2. j /o^sf^frb Af^n^ ^ n ^-:A2-11lL a/o ii/oTHg C - CONFORMING S- SUBSTANDARD N •• NONCONFOflMlNG ’ I , •' ■), ■. l^. 'U 'V. • I I 4 •. • I I Jnclude; f) Well locttion I 31 Olitanct Irom houM to lepiic lenki. dill. boa. end dreinlield 31 Norili arroMf end (oad € t* 1‘ A }\ .1*t it Fr< Dates Subject s Mayor Peterson 6 Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Adminft April 11, 1991 1 r #1636 Steve Tibbetts, 1810 Shadywood Road - After-the-fact Variances - Public Hearing Pertinent Ordinances - Section 10.22, Subdivision 2 - After-the-fact lakeshore hardcover variances. 0-75* Setback Area » 4,500 s.f. Allowed “ 0% Existing - 178 s.f. or 3.95% Approved in Resolution #1718—B (Exhibit D) 75-250* Setback Area » 13,500 s.f. (recently confirmedby surveyor) Total Lot Area » 18,000 s.f. (Exhibit H) Allowed * 3,375 s.f. or 25% Approved with Building Permit 7/12/85 « 2,109 s.f. or 19% (existing house 534 s.f., addn 940 s.f., porous block drive 635 s.f., no sidewalks or decks, second floor deck, 49 s.f. not included in hardcover inventory - see Exhibit N) Existing Per Recent Survey * 4,901.55 s.f. or 36.3% Existing Per Staff Inspec. ■ 5,059 s.f. or 37.4%* House “ Drive « Sidewalk • Street Side Deck Lakside Deck 1,711 s.f. 2,809.85 124 154.7 102 Lower Level (second floor deck located above net included) Landscape Area • 115.5 w/Plastic Lakeside Deck Stairs *42 (3.5x12.5) Section 10.25^"^^ide^setback variance required for street side deck •Existing ■ 3*1" (approved per Resolution #1718-B) Proposed ■ 3*1** Variance • 6.9* or 69% i; 1.- ^ .ij.; Zoning File *1636 April 11, 1991 Page 2 of 5 List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D1 Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K1 Exhibit L Exhibit M ' Exhibit N Exhibir 0 ' - Application ■ Property Owners List ' Plat Map •3 - Resolution #1718-B, Approved 1/14/85 • Permit #5678, Issued 7/12/85 Hardcover Fact Sheet Submitted w/Building Permit • Survey Submitted w/Building Permit Surveyor's Letter of 3/14/91 Hardcover Fact Sheet Hardcover Site Plan 2 - Floor Plan/Elevation - Street Side Deck Floor Plan - Lakeside Area Staff Site Plan Elevation 2nd Floor Lakeside Deck Resolution #1908, Approved 1/86 Review of Applicaticm • Although a building permit was issued in 1985 for the proposed addition to the existing residence on the property, applicant has only recently applied for a certificate of occupancy. In the process of making the final inspection, the Building staff noted variations from the approvals granted for the development of this property in Resolution #1718-B (Exhibit D1 through D3). The applicant was advised that he had obvious hardcover problems and that applicant had constructed a deck along the north side of the lot line where the above referenced resoluton would have prohibited expansion. It was staff's understanding that all new construction at that portion of the property would have to meet the required 10' setback. The applicant claimed to be confussed because it was hi? understanding that he was only at 19% and the property was approved for 25%. Please review Exhibit F, the hardcover fact sheet that was submitted with the building permit. The 1985 building permit covered a 2-story 22'x49* addition to the south side of the structure that included an 8>s'x6' second floor deck. The permit was issued based on the use of porous blocks for the driveway. Review Exhibit N, note the building permit did include the second floor lakeside deck. Review Exhibits K1 through 2 and L, the lakeside deck at 102 s.f. and the street side deck at 154.7 s.f. were not shown on the building plans. Note also that the floor plans in the dinette area showed windows and not doors. Doors were also not shown within the existing living room area* The lakeshore deck does not encroach the 75' setback line nor an average lakeshore setback line (Exhibit M). The structure would not have required a hardcover variance at the time of the Issuance of a building permit even if they were included because the driveway was to be at a 635 s.f. hardcover. £ Zoning File #1636 April 11, 1991 Page 3 of 5 Review Exhibits D and 0, in 1985 the City granted lot area and lot width variances to this property and the property to the immediate north. The purpose was to allow the owner to sell the lot to the north for residential development. Development was to be based on specific guidelines set forth in the approval resolutions. Development of the subject property was spelled out in Resolution 1718-B (Exhibit D). In 1986, a year after the original variance approval, the City granted hardcover variances to the lot to the north because the current owner then claimed practical hardships with being required to install a driveway with the porous block. In order to allow a driveway with an appropriate backout apron, the property was approved at 35% hardcover within the 75-250' setback area. Review the findings and hardships noted in that resolution. The applicant has asked the same consideration as porous blocks are not practical in this climate and create even more problems for homeowners in the maintenance and upkeep. The paved drive at 2,809.85 s.f. results in 20.8% of hardcover within the 75-250* setback area. Issues for consideration - 1. The side setback variance for the street side deck located 3.1’ from north side lot ITne. Resolution #1718-B states as follows; "Any extension westerly of the north wall of the existing house must meet the 10' side yard setback." The deck does not result in the extension of the wall of the foundation of the principal structure. What was the intent of this condition? In 1985 a grade-level deck would have been allowed 2' from a side lot line. Staff no longer considers decks with railings as non-encroachments but as part of the principal structure required to meet all setbacks of the principal structure. The deck would now have to meet a 10' setback. The deck was constructed some time in 1985-86. Applicant contends that based on the location of the current entrance and entrance to the addition on the south side, that the connecting deck made functional sense and a positive ««sthetic benefit to the structure. r Zoning File #1636 April 11, 1991 Page 4 of 5 2. Excessive hardcover within the 72~250* setback area. The existing paved drive brings the property up to 37.4% hardcover. Review staff's sketch (Exhibit M). Staff has sketched in areas of drive that could be removed and still function resulting in a reduction of 600 s.f. or 4.4% hardcover. Note also that there is a landscape area under­ lain with plastic at 115.5 s.f. or .85%. Can the same findings be made for the current hardcover variance application as was made in the variance application of 1966 (review Exhibit 0)? Please be prepared to respond to this issue. 3. Issue of deck constructed without building permit authority. In 1985/86 deck would have been approved at 3.1* setback. Would such action have been in conflict with intent of Resolution #1718-8? The decks would not have created hardcover excesses because porous blocks were to be used for drive (hardcover was at 19%). Both decks would not have required other setback variance. Options of Action - Denial. Please refer to the necessary findings section in your zoning code; or Approval as proposed and require applicant to obtain necessary building permits to cover lakeside and street-side decks. Building permit to include penalty fee. Conditional approval of application as proposed subject to applicant obtaining building permit for lakeside and street side decks# to include penalty fee, and the granting of a hardcover variance of % and a setback variance of _ _' or % for street deck based on one or more of the f ol lowing; 1. Approval or disapproval of lakeside deck as built. 2. Approval of street-side deck: A. at current location; or B. to be alterated to meet 10* setback; C. other. 3. Excessive hardcover at 37.4%. r Zoning File #1636 April 11» 1991 Page 5 of 5 In review of Resolution #1908, is the granting of a hardcover variance appropriate? If so, at what percentage? northern property approved at 35% or as removals shown on staff sketch (Exhibit M) would result in reduction of 715.5 s.f. or 5.3% or other. There is an access stair/deck structure at the lakeshore bank that is in a serious state of disrepair. The final TMolutlon must adviss applicant or future owner that structural repair will not be allowed and new access structure shall be built to approved standards (4' step width and 4*x4' landings). I-¥: ii- Zoning Pile «1636 April 17, 1991 Page € Additional Coic nta and Planning Coaau.ssion Reconauendation The Planning Commission reviewed the original 1985 lot area and width variance granted the subject property and the property to the immediate north. Members also noted the 35% hardcover variance granted the year after to the northern lot. Hardcover in a recent review involving the northern property showed hardcover at a 40+%. Members felt the landscape area to be minuscule in relation to overall hardcover (115,5 s.f. or .8%) and that driveway in its present configuration was needed to provide safe access from the site. The Planning Commission recommended against any further removal of existing hardcover improvements and approved hardcover at the current 37.4%. The lakeside deck and street side deck were approved as constructed. Members found both decks not overly ambitious but wanted to create a special notice in a final resolution advising a future owner that no further encroachment of the lakeshore yard will be approved. In consideration of the street side deck. Resolution #1817-8 did discuss that the extension of a foundation wall would not be allowed. The street side deck did not require the extension of the foundation wall. Members approved the side setback variance and noted the original 20' setback between structures was satisfied (condition of 1985 variance). There was additional discussion regarding the existing access ::tair/deck structure. Future owner should be advised of the ursafe condition and that existing structure would not be allowed to be improved and that new access stair must meet current standards of the City. Of the options set forth above, the applicant chose to approve the variance application as proposed. The enclosed resolution has been draft per the findings and conditions noted above. Isv f. t: rf; ‘ ■ ■ h’O'- " • tA, o o ^ w ^^jyy . ^ \ 4* ^esHot^ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RBSOT.0T10N GRANTING AFTER-THB-FACT VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.25, SUBDIVISION 6(B) FILE 11636 WHEREAS, Steve Tibbetts (hereinafter "the applicant") is the owner of the property located at 1810 Shadywood Road within the City of Orono (hereinafter "City") and legally described as follows: IiOt 22, Shadywood, Hennepin County, Minnesota (hereinafter the property") t and WHEREAS, the applicant has applied to the City for after- ^Ae^fact variances to Municipal Zoning Code Section 10.22, Subdivision 2 to permit improvements to the property that result in an excess of hardcover within the 75-250' setback area at 1,684 s.f. or 12.4% where only 3,375 s.f. or 25% is allowed and a side setback variance per Section 10.25, Subdivision 6(B) that would allow a deck 3' 1" from the side lot line instead of the required 10*. Minnesota t HOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1636. 2. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District requiring 21,780 s.f. or 1/2 acre in area. The property consists of approximately 18,000 s.f. 3. The Orono Planning Commission reviewed this application on April 15, 1991 and recommended approval of the after-the-fact variances as proposed based upon the following findings an liardshipt a) This property was granted lot area and lot width variances per Resolution #1718-B on January 14, 1985. No other variances were granted at that time and the conditions of Resolution #1718-B specifically noted that all Improvements must meet City requirements and that tie hardcover must not exceed 25% in the 75-250' setback zone. Page 1 of 5 1 t' o o ^^'EWgO'^ >» f. CITYof ORON RESOLUTION OF THE CITY COUNCIL NO. Building permit 15678 was issued on July 12, 1985 for remodeling and an addition to the existing residence. The permit was issued on the basis that "grass pavers" or mono­ slabs were to be installed for driveway use at total 19% hardcover (635 s.f. for hardcover of "grass pavers"). c) Since the issuance of the building permit and upon completion of the remodeling and addition, a paved driveway was installed resulting in 2,909.95 s.f. of hardcover. d) The applicant claims that the "grass paver" proposed by applicants in seeking approval of lot area and lot width variance are not suitable for Minnesota's severe climatic extremes and will suffer frost heave and plow disturbance. Failure of such a system would potentially cause damage to applicant's vehicles. In addition, the permeability of the "grass pavers" has not been demonstrated under continuous usage conditions. In 1986 the property to the north was approved at 35% hardcover to allow a paved drive in place of the "grass pavers". e) The Planning Commission finds that existing drive provides the necessary safety level for vehicular use on a busy county road. f) The request of 75-250' hardcover of 37.4% is not exceptional but is similar to many other properties along Shadywood Road. g) Resolution #1718-B states as follows: "Any extension westerly of the north wall of the existing house must meet the 10' side yard setback." The deck structure does not Involve the extension of the north wall of the existing residence. h) In 1986 the grade level deck would have been allowed as close as 2' from the side lot line. 4. 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 Page 2 of 5 I' r r o^°^o w ’C^ l; ^ 5^ . \ neesssary to alleviate to preserve CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 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. 5. The City Council has considered this application including the findings and recommendations of the Planning Commissionr reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. C0IICUI810IIS, ORDER AMD CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants after-the-fact variances to Municipal Zoning Code Section 10.22, Subdivision 2 approving total hardcover within the 75-250* setback area at 37.4% where only 25% is allowed and a side setback variance of 6* 9- or 69% were 10* setback is required for a grade level deck with railing, subject to the following condltiw“‘s: 1, Applicant/owner to obtain building permit for lakeside deck and street side deck. Such permit shall be subject to a penalty fee. 2. The City will approve no further encroachment of the principal structure (this includes decks) within the lakeshore yard. 3. Access stair/deck structure within lakeshore is in a serious state of disrepair. As structure does not conform to current standards for access stair structures, the City will not grant approval for the structural repair to said structure. Applicant/owner shall obtain a building permit to construct a stair structure that meets current City standards (4* step width and 4* x 4* landings). 4. 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 (April 22, 1992). Page 3 of 5 I-h i. ‘ 1'. t o o *\ *•A % >» CITYof ORONO \\N [ ’ ■ ) >■ *^^ - RESOLUTION OF THE CITY COUNCIL NO. _ _ _ _ _ _ _ _ _ 5'.'^'=^^Y4^1ation 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. 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 in the chain of title of the property. Adopted by the Orono City Council on this 22nd day of April, 1991. ATTESTS Dorothy M. Hallin, City Cleric Barbara A. Peterson, Mayor Property Owner(s) STATE OP MINNESOTA ) )S8 . COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of April, 1991, by Barbara A. Peterson 4 Dorothy M. Ballin, Mayor ft 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 - - - — - • ■ p.:" ,'w •A'r f f h k i ■•jv "tt*«wo»T 0P'^=1liiW®S0TA »i' >< fr CITYof ORONO STATE vx RESOLUTION OF THE CITY COUNCIL NO. ________________ ) ss. COUNTY OP HENNEPIN ) ________________________199_ Hotary PublH within and for said appearedappeared — tn and who exec uted the foregoing Sid aclfn<il.d,ed that he (theyl executed the same as his (their) free act and deed. NOTART PUBLIC my commission expires STATE OP MINNESOTA ))ss. COUNTY OP HENNEPIN ) , 199 , before me rM^tfry- public Within and for said ccunt^y^,^ ‘ITIU rn?Tii‘«o";r.v,*’.’5 t;arhr(tr,7r«eirt-'d°%%’:'^V«",““STii (their) free act and deed. NOTARY PUBLIC my commission expires Page 5 of 5 I'urriitf 1.' I y I f P CITY OF OROHO - VARIAMCB APPLICATION Initial Application Fee $175.00 mJLJL “if ($50.00 per each additional variance) Renewal Variance Fee $100.00 //^ (no change from original application) After-the-Fact Pees (Double application fee) .r • \ .• ^ . y D** • o ■ ^ $! PROPBRTT LOCATION Site Addr... I&IQ ^tfrtp'tWOOx? ^AP, (JOTIZ c ••-••-I- . r / - L* ' t. 1 Property Identification Nijmber (P.I.D.)ifil« <« .•V . V JL ^ w' A • * »v• " - v> i * .* vv •'bfruw- : ;*rr i 0. Attach legal description to application if not included on required survey. APPLICANT Name S^t^C I Phone (home) 47 ^ c30Cc?(y Phone (work) ______ Address : ^H/WH\AJ0C0^0^fO__ City; VnJ^Vz I^TA zip;^S5^| 0 (if different than applicant)Phone (home) Name Phone (work) Address:City:Zip: Date Property Acquired (month/year) 1 (do) (do not) also own the adjacent parcels of land. IT USB OF PROPBRTT Present Zoning District Present Use of Property Residential Other (specify) CRIPTION IBST Estimated Construction Cost $ D^^cribe request in detail: IBQOIRBD Lot Area Lot Width Hardcover Setback Variances (Front Side Rear) Other ■MfflSHIP , . .Dsscrxbo undus hardship or practical difficulty resultm9 from strict enforcement of zoning regulations:d.\A r^CVCpyw-dWANi \\kA /it^inyuiLlW*r\>Ti^ r\iN '^IPTIOH OF iniuSUAL PROP^Sy COMDrTIOHS CX W*'W% iVo^^ describe unusual property conditions preventing compliance with Zoning code Reouirements:_ _ _ _ _ _ _ _ IBQUIX^ SDBMITTALS 1« Completed Application Form Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8*5'*xll'* for reproduction). Topographic survey (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*5"xll"). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. 2. 3. 4. 5. 6. 7. 8. The Applicant and Property Owner must sign this application. Please lember that vour variance application is not complete__IJ —the_ jj^l^gea^on hee not been iacluded. AmXCAMT'S SI6HATDBB The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. ^79ubi^ VApplicant's Signature Date Shzl^i ____sxannm . * *.The owner hereby ackowledges and agrees to this application and further authorises reasonable entry onto the property by City staff, consultants, ngentSf Cosnission members, and Council members for purposes of investiga­ tion and verification of this request. Owner's S.gnature _ _ _ _ _ _ _ Date j^plieant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Coaimission Meetings are held on the third Monday of each month. Applicants must be p? ent at all schedul^ smeiew meetings of the Planning Commission and Coum .. If an applicant is nimbXe to attend a scheduled meeting, please make arrangements to have an authorised agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. i. r* I'V I' I*/ ,?::■ ;*■ H'- ■• t:. % .. ;•* 3 fM'- ' p'.' r' ,: r. r'-.i “• ir fr: ■ i' XIMM .MTi nm/9i• IMItN OOS!|♦ t TMMVfR NMS/ADM t t# M na^ AOM 9MR NMC TANMVfR TAXRRVCRMum/mm il TMMVfR I 1 li. « i. i * • ; i. :| :■) ;i SR 17-117-<S U DOOR RI7SR RMWVNOOP RR L S R RSLQRAH UROV S RCLRNlt RXLRRiM ROK R1 NAVARRt IM BSSSt SR t7-il7-tS n OOt« OIRRO RMARVNOOO RR R N rORTtR I R R POSTER R H PORTER « R R PORTER UOO SNAOVNDOO RO NAVZATA »RI SSSn SR 17 RIRSS OQUOU oouot. IRSS 1 j NAVZATA (M 17-tS E4 OOOA SMADVNQOO RO 1 HAXNELl ‘ MA*^U 8SS71 HEffCPXN COUNTY PROPERTY XNPORHAnON SYSTEM PROPERTY CPtCRS LISTSR 17-117-2S El OOEA 017R0 SHAOYHOOO RO OLENOXNE ANN HARRIS 6LENDXNE AfM HARRIS 17R0 SHAOVNOOO ROAD MAYZATA m 55S91 SR 17-117-ES El 00E7 OIRIO SHAOYNOOO RO OANXEL E neSETTS S R TISRETTS A J A JA»«(E 1010 SHAOYNOOO RO MAYZATA IW SSS91 SR 17-117-ES E4 0007 01R55 SHAOYHOOO RO HARK R SALOEN HARR R SALOEN loss SHAOYHOOO RO MAYZATA in S5S91 REPORT NO. PARE PX4S54017 « I• #SO 17-117-ES El OOEB 01790 SHAOYNOOO RO 0 J URBAN A J N URBAN DONALD J A JEAN URBAN 1790 SHAOYNOOO RO MAYZATA ttl S5S91 SR 17-117-ES E4 0001 01R25 SHAOYNOOO RO ROBERT B RUUO ETAL ROBERV O RUUD* 1S25 SHAOYHOOO RO MAYZATA IM 55S91 SR 17-117-ES 20 OOlS 01R20 SHAOYNOOO RO TAP SCHERBER r L A P P SCHERBER 1R20 SHAOYNOOO RO MAYZATA HN SSS91 *; SR 17-117-ES EO 0010 OIROR mARYNOOO RO JOHN J BURKE ETAL JOHN J BURKE 1R4R SHAOYNOOO ROAO MAYZATA IM SBS91 TOTAL BATCH OOS 00010 X CERTXPY THAT TIC PACTS REPRESENTEO ARE AN ACCURATE AND TRUE REPRESENTATION Of INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEIMEPIN COUNTY DEPARTMENT OF PROPERTY TAXAnON* TO THE BEST OF NY KNOMLEOOt AND BELIEF. 1 » •f. »*• f w ►- - - l^r 10 2 It V (W iV)(9)!r in)\U) ► r m 9 1 ^ « » ft. %«•« • V .* i*'"ti ^ Wm Ip^i!te • ' ‘ 4 4 • •----^ rji %.' -■ City of OROINO .‘CITY RESOLOr;ON of the city council NO. 1 'i^ ■'>!»_ _ _ _ _ Cf^UNQ CSANTXliC A VAk.'MICC TO MUMICXPAL ZOKINC CODE SECTION 10.25, SUBDIVISION b (0) FILS 1874 MBSEEAS* Hrs. Donald Johnstone and Duan* Barth lh«r«aCtor ”th« applicants”) have an interest in the property located at IIIO Shadywood Road within the City of Orono (hereinafter ”City") and legally described as follows: XiOt 22« Shadywood (hereafter "property”), and NBBEBAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.25. Subdivision 6 (; “t allow a side setbac)i of 3.1 feet for an existing house wl a 10 foot side sctbac)c is required. NON TBBRBPORC BE XT RESOLVED by tlie City Council Of Orono, Minnesota: FINDINGS 1. This application was reviewed as part of zoning file no. 874. 2. T)ic property is locateu iti the LR'IC Single Family I.a)(eshorc Residential Zoning District. 3. The property is 17,200 squa.c feet in area, has a lot width of (0 feet, and contains an «.isting house. 4. The existir louse is located 3.1 feet from the north aide property 'rd S7 feet from the shoreline of La)ie Minneton)ca. 5. This hou^ and the proposed house expansion and improvements to the property can meet the hardcover requirements in the 75-250 foot la)ccshorc sctbac): 6. Beeausa of the required 7S foot sctbae)(, the building proposed for tho adjacent Lot 21 wl 1 1 maintain at least a 20 Coot separation distance between the existing licuso on Lot 22 and the proposed house on Lot 21. I-4 ;•-* w-fl-ai.- fbl «• . • •.V*L-JtT. - ‘VSr- 1 0-/ 1 1 r, k •i^v t '^- ■ ' •'^'''- ^ ■“ ’ 'v i-' SW»;, City of ORONO MC$C .UTION Of TH6 CITY COUNCIL NO. 171 a-ii 7. The City Council has consxdc*ri.*J ti.i;. -*:>[> 1 ««•< t ; on including the einoings and rccomoicjiduiion;, .,i t n. i<i.i:n.ino Comiscion, reports by City staff, comment:, ty il.c- uplic.nt and th# affect of the proposed variance cn tne health, ••‘•ty and %^Ifare of the community. *• City Council finds that the conditions existing on this property aro peculiar to it ar.d do not apply generally to other property in this toning district, that granting the variance would not adversely affect traffic conJiticns, light, air nor pose a fire hazard or other danger to neighboring property: would not merely scrv<r «s a convenience to the applicant, but is necessary to aiieviatc a denonttrable hardship or difficulty? is neceesary to preserve a substantial property right of the uppiicar.t; md would be in keeping with the spirit and intent cf tne Zoning Cede and Comprehensive Plan of the City. CONCLUSIONS. ORDBII AND CONDITIONS . Based upon the above findings, the Crono City Council * variance to Municipal Code Section 10.25, Subdivision i (B) to allow a tide setback of 3.3 feet for the •■inking house at 1810 Shadywood Road where a iO :cct setback required, subject to the following findings: Maniwum hardcover allowed on the prent rty ’ 1 be 2.775 square feet. — ' ' - ■ ^ - 2. All ,'uture ijc-dvcecnts to the property shail meetthe ••■■•■k performer './• standards of the LR*’.C Zur..ng District. requireswnt, ' 3, Applicant shall obtain a Hennepin County driveway access permit prior tc construction of a new dr.veway to serve this property. 4, Authorities granted by tnis varionce r..*> with the property not with the applicant, but arc permissive only and must be exercised by application for a building pwrm.t within one year of the date of Courci! approv.,1. or variance will expire on tha. date (.■ar.i:..ty i4, pa ic J j, j* ■ • • , — m • » r" t. ■•• •• * ‘I .lA*^ fc * kM ' » 'r i -m. jh«fci -• .»•$•• ’ir^ .• «r- ?tesrfr?*-ycf fi A .-t'A u *. V ^.♦•ClT X'. - >:*. I •, OkC NO J k^ ' M City of OROIVO RESOLUTION OF THE CITY COUNCIL NO. lAn.u t 7t-.:'r •jt/j-' .V* mi te''■' Ur.'-x- 5. Violation of or non-comp 1 i^ncc with any of tho torms and conditions of this variance shall constitute a violation of tho toning coda, shall automatically terminata any authority granted herein, and shall b« punishable as a Bitdeoeanor. €• The undersigned applicant has read, undcrstcod and hereby agrees to tho turns of this resolution and on behalf of hinself, 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 on this 14th day of Jenuery* 1919. rsT, ii; n.\\\<>;. . (. rothy H/71iallin,^ity Clerk Kary C. Butler, .Mayor y/ (1) rroperty Owner m j-ASi-i* •■■■■• •< paeje ^ of 3 f.Jf IMWIPPIP m ^ ^________ ^ \ ‘ PERMfTNO. - 5678'.%, A i '■u.ki>j#i jT-y^ ^••irifi’ ; ,^:/.v-5- AT' liiMiTt Aia ■•<l»r.rU'' A WWPtWTV «CNTVI»^ Na tPiO) hm. a)2z/£^iSS^^ <5 * 3:'*/ SUIOIVISION. • ^ /////rz; / A /fey LtX>vn »4. >’ ' 4 TVPtOriWUH A«mo<l#4 • «»' t«^ . ,r,r.uuvi!rCVil TYPf MILOlM ME / <ide^i->'cLL PUM »«M1W ^ aACCMMOC . . .^------------ •' - «watwMUWT ■ ----- .. rri T^M. DUC y ,t>il:.'^>«WI>lt»Wlt»L ■-cTST 1 OR«nM0UTANf> __ _ _ _ _>•»ionNM.Tir MUiT N OWJJDM iV «,- ,• -*W»»*''5rX-*. •* . A# • ^ ♦ »«*•#♦•»•••••••••••"• UMOiH W*M.TT 0^ IMH ANCf 0# AU MtMT» cm •tONtO ^U«THt» MMtf fO 00 MA. PUAMCi wmi «LL art cc Of MilHittOtAOMHJOWOOOt Al« OTAfC «•>.. r> '. • -.^ > • . ., N#-. V • %u • , « . -*-—:•< - -^* .« A* • % r* f t ** - ‘ . • ,. .w \ . i » « • i1 ^ -• \ .n“ v-v. ' k 4. r .*► I •», •. -k-*?,.- ;. «. c;n* i:*r cr-ctro ••^ r7 i .*J-.‘ j T /.: r:. 1 C at ] ON •5j>r " . : *> CO»«tl«CtltM P)^» ..^ -"V-- •■ , •»%•'’ J. fii*i flmm plmm .- I. («f «u ^7i ' «. «««)i »•< Ml««UCSfflt ). D«t«iu r?t JMVllM&iMl 4 M • •!«•« M fm#4 Mt ^ • ••» lu - «Ai tay mmmm^mil^ iS .•■:^ \ / ‘•V ^ •t-AV'." V^ .• u v; • • - H.'- “ f ,^--’44^V.-.5^11K»» - -^crjTisi: *■ - y "iv.‘ *««r M Mwimi icrou ntm uvibm la sat ^ .,. : .* ^.lir . Vill ^ t« • pMltf . ‘ ^ * *'’^•>^•5/^^ ______________ _________» iV '•^’•^:»i5»n I /%< / ^ •r* • __________________ _______ :R,TtflflfeTTS tf^lS’.WOU^fritAl /Mil ‘ ,v ., »I^^C?tSS5S “5 r—wfta«jg|T P’S . .. .-■^'' A' •tPiOi* ~**- V ifinnl . ______ ^-waafc ^ SSS^ ^TdxWiui'nPiA/ ^aa^r _ » W4-*a 4 . • (fT.CO*«T. VALWAftOai f8, ^vo J ‘^i’' pi-n"* •( . -, ¥•«• t«MM4f V.24 hour notlco on oil tnop. •c«or44M«« il« toll^lng tiurttofiiotl •rilnooooa <««UrM rmti^90 il^llOlMt* J, V 2 •U -W-** N •*. **' '.* • • •V T ‘ ■• i 'l i*^rsir r^'^- " ■* .^>;V- ^ s,' ' 'V,, t ^ j CV rw,,.. .,*p, - o ,g<H ^5 ;-*J • A4 vr:^ -4« •;5^ 1^ j^‘iW16<U-^il!ve«* • Av ’i'fc'' >. .•*,-. EM^OMinvutluii «blch M propoe* will bmc «11 of th« ^«t- MfttiXMMiCa of 70or n«w ordincnc* «nd will Also imac ||VMi0MW LhA 73 to 250 foot tons which ftMlOM; rj?'. 4 V**?. ; . ;- v:.^B?i;^ ' '.V w^'TM'i.V^V'- Sv;'ili fcv.: '': ,■■1--^'^ w jsi+iii oe'TOur Iasc Msclng. Thass two ItfgMCV'of j,th« awvao 60 foot lots in tha of our.building proposal follows <•L v.»« •. 75* to 250' ron* ^'t-.r T ;.• >oUdlnt^oU« '<doeor«tlw« • porouA loek.drlvowoy 428 sif X 551 i/*r ;• V .f' illOMd la ordlnjDDca - 2280 sf 15.000 sf 9,120 sf 1,839 sf 235.4 sf 2.074 sf • 22.7 ',43ttrarfa'T!W .J*' >; c' ^ ;5i '■t a.—' 250*-* m- P&^V ••mi M • 'I cono iotiac?houiO'.ia <7S'rto 250' zona opeMd.dooorotlTo . t^roua. VUg^bloek^drlwway ,635- if X 55Z;X;...!!5> • . ft ,r ' -l.- n^^eo^ofo ,75' .CO.250* zone ^ ordln«nca - 2775 if 17,000 sf 11,100 it 940 sf 534 sf 1,825 sf - >6.4 2.775 sf P'*'- - • ' iw^iL^ V** ^»* • S»~‘ ^saiky •V a « * ■:;i •V?t Wu .r.,7s • • - - ,?y*./.r 'ja£i{iSa)^ o7. .w -V - - ■•: •m KV ffiS(f-'iiiv&<. fevS C?.-2- ltr«^J|77^ *>v«“I* ,'*..•0.24 *f r’ ..-X' >» -. --»/: a**1. rV* *, r^> i ' •V "i!-v-^''';i .it*. bi;>V r ft INNOVATIVE MICROGRAPHICS DUE TO THE POOR CONDITION OF THE PRECEEDING DOCUMENT WE CANNOT PRODUCE AN ACCEPTABLE MICROFILM IMAGE. r -X. •' •• TT eVvsV;.-- 1 imm iit ■ if'fe \ mm'- Wm IS'': ‘mm mr m~- ■pr : ■ fe- i^',- mS-’ . i£S 1 \ I .:>; i I«'i. It f m;' :’*irv«y ^:‘o!* A. 'loyt or l.oti« »nt» Shadywoori llenncplit Coun^ *fl‘ I r. \ 14% B I •• .x«I# # Vr : —> > . 1 » V I »H . /.. I A iaa—aa^ 4 rlgZ*;:§0^-: y Ti-if c_ r ‘2* :• 1 c» • .;«c«e ?,:-... ■■ •,'• of'- *, :\] « ti <C^!i!.-.‘^j^,' ' ^ fc niM||“ ,K ScD§P'l^i'^ trs»»s't 1 htrcty c«rlil> t.%^1 U.ii: L» <• tr»A hr..! s^rn.<.l rcprtienvatlwi. >: a uwne;.' tii*; DuuiiiUrict of Loi« ^ *M T'. .utalyw^a* and Ui« J^iiun o: all ca. t ;.. b .nJii^t* U Oace not |NHr|Miri W oruia ait.«r 1 .^■ravt.'«4ui» or itorv.acnr«i.l«. II.U- tm L^h‘>{ ’T t r ' t W‘“•»i»4'/iilif.'i.i, , , , , .iotth • i««i • *( Hi.X } •! dOhlX>N a. CJKMK 0* •ww« ^INC.>..? :?s ■V 'wmm lioto i Jmm ]?» r-//itr o t inin marker f' T mu - §f&u> ■ hark v. Uronbcrg acg« No» \77^$ i-.ii(fineer« and loind 3unr«yoro lamg Lak<, Hlnneaota V'?-■ miiijih r 4 ■f 1 i , % (1^ 4SATHRE-BERGQUIST, INC.150 SOUTH BROADWAY (612) 476-1 .‘MJ WAYZATA. MN 55391 FAX 476K)104 &*■ siv m^. m.m ...... 3^^ "V-- ‘ - - •W*y-'safes;: ^pfiS 4^* ■• ■ ;:p teMrS^iiP' 'Ppt'i;lli:=sW.. m;- ^k^eil 14. 1991 Nr. 8tev« Tibbetts 4975 Industrisi Street :^le Plein. Minnesota 55359 Lot 22. SHADY-1 Dev Mr. TibbetU Me have caioulated the total area of said Lot feet. 22 to be 18,square Hit area of hard surface coverage of said Lot 22 is 5140 square feet this gives you a hard surface percentage of 28.5 %. Sinoerely. 8. Bergquist trod Land Sur Hlmesota License No. 7725 t8B/<bi ■^3 1 ] I +-1 ... I', r . ■«. y ,|^%";'V' .V -f: m ■ k » . • ' 1-^'* .' .ter-: •• i\ HARDCOVER CALCOLATICn WORKSKtS ScT3AC:< ZONE: (c!3CL2 CNS) 0-75' 75-250 25C-5CC' 5CO-1CCO' i. Othcr S.F. Exisving Harocsve ? in Zone A. Hause X , ✓' . S.F. LENGTH ’f~' '. 'V X WIDTH ^ '' S.F. m • *• • •/ i ^ . ‘0 X i . • -V >^ * S.F.“^1 . «*m X S.F.■’ X S.F. ^ I# Garage X S.F. c. Driveway ijLs* ^- “.• •'O <:-<■•• S.F. ^ ): X _ S.F. ^ *•'% ] 0. Sidewalk c5<^. S s __ . F. /, • X S.F. f 0 • 1 * . X n m S.F. e. Patio / ““ Deck • ^ • ^ X - «>' *>~ /_^ . S*P• f.Lmioscape AREA! uroerlain •V • _ /!>* X m •f> *4 X A««. //a / < /n-*4L^J1S.S^ S.F. %> plaetic sheeting X S.F. X _S.F. Total Harocover in Zone Total Property Area in Zone 1211^. *.f. 0 HIS.I.. X II J| t 1. ' , _JlA.lt.' k r. O’ m] k. j OOO i n"!!!I • m II ilii ui I ii lit i {f lit r i i { ! I 1 I 1 i/iiS ----------asT r. twc. 04^ ' ■■•<?J f. ■« .SV' 1- K»* * fip.fe t.ft l!'.' P -* ' . r,'fi y > v,^ i.jgfefc..i.^.. I § ■ • ^ •• • • 4«• • ^ ^• ••'•’•’ • ' *nr* “ i -• —* . i« ^ • '•• • •» • -A- " -. ':• %•■“■ • ,•••;■■ ' > .V, t »r-•:?:“'••• - ■ . ■-•• - • -i. X • • • •'* I c • i * . ...••’ ■ 4 . ^ . w. t • • . I • •♦ .s,v •V. * • ^ • .*• ‘ • I r .•V • i • .X hr" i • •' i C ‘ • I-*'■••'« '• - • •* f C.’ . *•. r*.*- •* ««# #4* /4* Wftf 0 - »fclT| . - Ml Sfudlnll Mein OfHrinM sniiis I ptteyg # lL»*lu^Be :ffirTu"m w AM To Dmf Or A « • ^ ♦ «• AJanjcr \ inr ^ tcerguoijMyyi^ .-<ir T* • iMI » •%*•.* "2 ■T..». y K )i ss-ft H *. eit.oo>r ---- - r ' t - i\ • • • *.. *•% • *^- WN. WQOO TO I o fi i: >1'' t • • •••» • t » I < #V >ik . • 0 0 r-7 » , # # -• ^♦ * I t', cr ^t* m i ♦ • •tr^::iri 1 ^.1 » « p tRiic p<e C*< <^‘,ifli ill A I i' ft.r a jTxrc • « • • • • * 4«*.. ^ > 0 r- (« %1*54 '* ;• rtr^iTUkxm tf Sunr^y■ ■ •■ .fcr ?rt<l<^y ••oyt ^ 3f lota It? 2J. s^-atywocl ^\ *:«r.r.«ptr Covi-.ty. rinnasot* t 1c«riif> uai tf.lt It h ar-a c.rrtc*. rtfraacBU’.iww .. » a.nc> vt>. o«uMarttf »BB Um 1 <«Bt!M. o; *11 tf^rtJb. It ojcs : Mmy c«riif> Uta n »BB ?9» pyrptri W lAOM aw.«r u.tr\A»s4iA» or tceroacrisa.tU* SMltl 1 BftU I J • I ■ :SliT X, i • ItC fM ' SdIXK «. CXTlk cu., ac. ^ !• m/T oFT rt itf|. »&• m«>5 «* • r <” MAX. OPENINGS rt • <■ OEMS. SWISS & PDRCHES A](^liuctiir?I Membirs Must Be Appioved <r - i’ j tiTnjifiood 01 Natural Resistance To Decay Or I '•' ojc Treated Wood. ^ Y'JCccJ ^ iS < I <17^ JK C' ' 7 t.i P; ^i rr'f Q 0 Ri.' 1 A e. a- a ‘ ar or lied Latenlljr olid Blocking -»-C-----------------TiK. o \4 O !.! AW » .' f I • I, A.• Sr ^ F 0 7raJV5I > >: j >- i» r OHOMCfty . ^Citv of ORONO %/ RESOLUTION OF THE CITY COUNCIL NO. l?0g__________ A RESOLUTION GRANTING A VARIANCE TO municipal zoning CODE SECTION 10.22# SUBDIVISION 2 PILE t996 r o^Trl y ”fo«fed° a t' ?10 0^ S^l dy w c=fRc?d'’ n”’t hi cJViroronoXSIIr -cTty") and legally described as follows: Let 21, Shadywood (hereinafter "property"); and WHBHBAS, the applicant h»s aPPl^ ^o^the^ City^_^for^^ variance to Municipal Zoning ° ^ad which will increase the oemit the paving of a 25% 75-250’ hard-75-250' lakeshore hardcover to 3«.4%, exceecing tne cov«r normally allowed. Minnesota: MOW, TBEREFORB, RE « RESOLVED by the City Council of Orono, FINDINGS 2^^ This application was reviewed as Zoning File #996. 2. The property is located in the LR-IC Single Family Lakeshore Residential Zoning District. 3. The Orono EltnninP 5°""^“^°",jraoDrovfl^ of "h“'p%^V«December 16, 1985, and recommended approval of tn p p variance based upon the following findings. A) This property was granted lot area ^iga^^^^No improvements must meet City requiremen ' . . .w* 75-250'cover must not exceed 2,280 square feet (25%) in the 75 «« setback zone. B) Upon approval of the 'tL°\7cVll^l™iln a residence on the property, 'Vof lot area by the surveyor which would allow 2,444 squai f^t of hardcover in the 75-250* setback zone. n) The house was constructed, and gravel .'1®® fistalled in excess of the hardcover limits by the builder, ix?els\or Derign, prior to applicant's purchase of the property. ^ ^ ........... f'k i: I.. u t* -• •J •• •• 'tri .3^^ City of ORONO < j ^ iiM)i RESOLUTION OF THE CITY COUNCIL NO. I?08__________ OHONOL The applicant's claim that the "grass paver" mono-slabs D) The applicant suitable for Minnesota’s J|?asrpavers* has not been demonstrated under continuous \2S3i9^ conditions. a«nlicant has a valid hardship from a safety standpointL-Sv-“la rr- -* - “ PI •’’he requested 75-250’ hardcover of exceptional^ut is similar to many other properties along Shadywood Road. A Th« citv Council has c nsidered this application including Jhe ?i*nd"in|s=a°nS“eco„„en ations oj he flanninC_^:onnission, ol^^hVUyse^vVriln^?: th^e^hea^th, safety and welfare of the community. 5 The City Council finds :hat the conditionsTne uity if,- i* and do not apply generally to other rrtK“n -an| d s ?ir.‘"h«a”l o"r “other‘danger to f-^^Vur Zoning Code and Comprehensive Plan of the City. CONCLOSIONSp ORDER AHD COHDITIONS Based upon the above findings, the Orono CJ-ty Coioncil hereby grants a ^tian^c. to the Subdivision 2 to permit the ® 75-250’ setback zone to not more "tSaV “ - following conditions: 1. The driveway, backup pad, house, 75-250* setback zone shall not exceed 3,421 s.f. Page 2 of 4 :•> \r’\l ’1''0 9^^ \‘.•I;T Cltv of ORONO . GF .aaoNa RESOLUTION OF THE CITY COUNCIL NO. 1908__________ < ‘.VIv-- k»-. Pf 2 Authorities granted by this variance run with the property n«t with the applicant, but are permissive only and must be exercised by application for a building permit within one year of ?he date of Council approval, or this variance will expire on that date (January 13, 1987). 3. Violation o£ or non-compliance with any of the terms and r^e fhi«s variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be pvnishable as a misdemeanor. 4 The undersigned applicant has read, understood and hereby aorees to the terms of this resolution and on behalf of himself, his heirs, successors anO assigns, hereby agrees to the recor ing of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 13th day of January, 1986. Mary C. ^tler. Mayor Tim Adams, Acting Mayoro yy 4 My . ■>■ i : ?■-k T’ 1:" M V .1 Page 3 of 4 f i' ‘i k;; ft f.^: u r i , I. . --i I f-; " l:-‘ r> ih- f-i!;' tVv; liv- W' r.' Si', f^v . • 0 .■<:• 'I : i •; (0 Citv of OR.0^0 af^ RESOLUTION OF THE CITY COUNCIL NO. 1908__________ .OHOI^ STATE OP MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) On this I ^day of .frA.'1986 before me a Itotary Public within and for said county# personally appeared _ _ _ _ _ _ Icncwn to me to be the person(s) described in and who executed the foregoing instr^ent, and acknowledged that he (they) executed the same as his (their) free act and deed. / NOTARY PUBLIC #• ///76'7 MY COMMISSION EXPIRES STATE OP MINNESOTA ) )ss. COUNTY OP HENNEPIN ) On this 7 / day of r' t 1906# before me County# personally appeared Kno-w„ - to « « be .he W8onTS^<6s«ffeo<r Ln 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 Page 4 of 4 h f?' S,'- %if kS- i- '. ’ I v^■■ } ’■- • I i i STATE OF HINNESOTASOTA *) ) COUNTY OF HENNEPIN ) ) CITY OF OBONO ) X Oorothf N. Hallln, City Citric of tht City of Orono. Htnntpin County. Hlonoaott, do horoby etrtify that I havt oonpartd the foragoing copy of a rtaolutlon of the City Council of tht City of Orono tilth tht original rtoord of auch resolution In tht Nlnutts of the proettdlnga of said City Council at a atttlng of said City Council held on_ _ _January 13_ _ _ _ _ _ _. 19 86 and that tht saat Is a true and oorroot copy of«aald rtaolutlon was duly adopted by said City Counoil at aald netting. (SEAL) Jm*. ^ J i-’ I.- i' Zoning File #1637 April 12, 1991 Page 4 of 4 %/ In any case, the approvals cf either the condi permit or how we address the conference center I’se, the' may be included: 1.Legal combination of the parcels that make up the conference center use. It is not clear why the City did not require the legal combination at the time of the major additions in the early 1980's. 2.Any user of the facility should be adivsed that if membership or attendance of persons exceeds 300, that a large assembly permit must be applied for from the City of Orono. 3.All signage shall be subject to the standards set forth in Section 10.61, Subdivision 2. April 19, 1991 Additional Bahibits ■ Ownership Key • Map-Results of Site Inspection Confirming Location of Improvements Exhibit N - Mitchell Letter Exhibit L Exhibit M Additional COniMats and Planning Connission Reconmendation The Planning Commission was advised that it was the City Attorney's opinion that Section 10.29, Subdivision 2 as written "study and research centers owned or operated by one or more non­ profit charitable, scientific or educational organizations", would allow the conference center now owned by a profit-making partnership to be used by non-profit charitable, scientific or educational organizations. The Planning Commission felt it appropriate that an agreement be executed by the applicant acknowledging the limits of the ordinance and agreeing to submit an annual log of the users of the conference center in addition to the other conditions set forth by staff above. The church use is allowed with a conditional use permit under the existing zoning. The Planning Commission also asked that the church be responsible for submitting an annual log of all users and that applicant legally combine all parcels. The Planning Commission unanimously approved the conditional use permit for the church use as proposed and based upon the opinion of the City Attorney approving the use of the center by i-profit organizations. I Zoning File #1637 April 19, 1991 Page 5 Issue of Legal Combination Please review Exfvibit L and M. In the early 190O's wnen the major expansion was completed for the conference center, the City failed to ask for the legal combination of the properties Involved with the improvements. Note that parking and signage are located on Parcel 2. Per Section 10.29^ Subdivision 1# signage and parking are classified as accessory uses. Such uses a principal use or structure on that specific parcel. The church has requested signage that would be located on Parcel 2. If the City was to grant a building permit for such signage, a variance would be necessary. In fact, based on the new uses proposed for the facility, if legal combination was not to be required of applicant for at least Parcels 2 and 3 (as referenced in Key Map), the applicant will be required to file variances for parking and signage to support both church and ^ uses. Please review Mr. Mitchell's letter. Exhibit N, in which he explains difficulties of legal combination for applicants. The City Attorney is in contact with Mr. Mitchell to advise him of the zoning dilemna. Suesan Pace-Shapiro has advised staff to draft the resolution approving the conditional use permit for the church including the legal combination at a ^ and 3. On Friday, April 19th, Mr. Mitchell advised that he would direct his clients to legally combine the two parcels that contain all improvements. Mr. Mitchell will draft a letter to be signed by owners reaffirming all conditions of the City in the use of the facility while under the ownership of the Spring Hill Land Company. Isv } c y y' ;• k. A RESOLUTION GRANTING A CONDITIONAL OSB PBRNIT PER NUNICIPAL BONING CODE SECTION 10.29, 80BDIVISI0N 1 Pits *1637 NBBRBAS, Spring Hill Land Company, a limited partnership, (hereinafter "the applicant") is the owner of property at 725 Sixth Avenue North located within the City of Orono (hereinafter "City") and legally described as follows: Refer to Exhibit A, attached (hereinafter "the property), and WHEREAS, the applicant has applied to the City of Orono for a Conditional Use Permit to permit Woodridge Church to use portions of the existing conference center facility per Municipal Zoning Code Section 10.29 Subdivision 1. Minnesota: NOW, TBBRBPORB, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning Pile #1637. 2. The property is located in the RR-lB-1, Rural Residential Sub-district requiring a minimum of 2 acres in area. The total property consists of 20-»* acres. 3. Woodridge Church shall lease the facility for a specified period of time. The church use shall be a temporary use of the facility. 4. The congregation is proposed at 250 members. 5. The Orono Planning Commission reviewed this application as proposed and recommended approval of the conditional use permit based upon the following findings: a) The proposed church use is permitted within the RR-lB-1 Zoning District with a conditional use permit. Page 1 of 5 li 'fe- h t b) All performance standards are met by the proposed church use as follow ; i_ ^ 1) Axl structures meet the required 50' setback from adjacent residential lot lines. 2) There is adequate parking to support the 250 member congregation of the church. c) The church is a non-profit organization and is compatible with the intent and objectives of whe RR-lB-i Zoning District conference center use. d) The use will require no permanent physical changes to the exterior or interior of the buildings. 6. The City Council finds that granting a conditional use permit to allow church use of the existing conference center facility will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the and objectives of the Zoning Code and comprehensive Plan of the City. 7« The City Council has considered this application Including ^be 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 . G0MCLO8IOHS, ORDER AMD C0MD1T10H8 Based upon one or more of the above findings, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.29, Subdivision 1 to permit the Itand Company, to lease portions of the conference center to Woodridge Church, subject to the following conditions: Page 2 of 5 1. Applicant is placed on notice that at any time should the church's special functions or regular attendance exceed 300 that applicant must obtain a large assembly permit from the City of Orono. 2. Applicant shall submit an annual log on March 1st of each year to the City of Orono listing various functions of the church and/or other organizations associated with the church use of these facilities. 3. Applicant shall apply for the legal combination of PIN 25- 118-23-33-0001 and PIN 25-118-23-33-0002, from the City of Orono prior to the commencement of church use of the facility. 4. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised within one year of the date of Council approval, or this conditional use permit will expire on that date {April 22, 1992). 5. Violation of or non-compliance with any of the terms^ and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of Spring Hill Land Company, its successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 oi 5 ('■‘S .a t. n.* S': ¥■iIII uf. !'l ■■ ■ U ' ■' JV". _ i ■ 'i‘ -:'•■■ i.\ 1991. ATTEST: Adopted by the Orono City Council on this 22nd day of Aprils Dorothy M. Beilin* City Clerk Barbara A. Peterson* Mayor Authorized Representative of Spring Hill tend Company Authorized Representative of Woodridge Church STATE OF MINNESOTA ) )88. COUNTY OF HENNEPIN ) The foregoing inetrument was acknowledged before me on this 22nd day of April* 1991* 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 4 of 5 r- -r E’;v U ‘I t: 3i-i STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) o ^^4 diiy of ^ 1^9 before n« a Notary Public within and for said county, personally kSmm Vo*ne to be the petsomsi “"v°^7t“heV^^foregoing instrument, and acknowledged that he (they) exec.^ed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES .^^ATB OP MINNESOTA ))ss. COUNTY OP HENNEPIN ) on this day of ___________________» 199_, before me a notary Publie~wlthin and for said county, personally the eeme «s his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 5 of 5 Iv- wM-i".: .C. To:Mayer Fatersen & Crono Council Members Planning Commission Chairman Kelley Crono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth^ Building 4 Zoning Administrator Date: Subject: April 12, 1991 #1637 Spring Hill Land Company, 725 6th Avenue North Conditional Use PermitAariance - Public Hearing Pertliieiit Ordinance- Section 10.07, Subdivision 1 - A zoning occupancy certificate shall be required for new occupancy and use of an existing building when the new use is of a different zoning classification . Review Section 10.29 - RR-lB-1 Subdistrict. Section 10.29, Subdivision 1 - Conditional Use Permit required for church use. Section 10.29, Subdivision 2 - Seek clarification and either amend or grant variance to this Section if a profit-making entity, in this case limited partnership, is allowed to operate conference center. Section 10.61 - Allowed signage for church - 12 s.f. in area par surface allowed for church signage. Such sign must be 5' from any property line and cannot exceed an 6' height. List of Udiibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H ExhibitI Exhibit J Exhibit K Application Applicant's Addendum Plat Map Property Owners List Addendum on Freshwater Foundation Proposal Addendum on Woodridge church Nap Designating Areas of Conference Center to be used by Church Site Plan of Conference Center Plat Map Designating Ownership of Conference Center Boundary Survey Letter to City Attorney % u il > ■f i? b : Zoning File #1637 April 12« 1991 Page 2 of 4 Review of Application - In 1908 Spring Hill Conference Center was closed and offered to sale to, hopefully, another non-profit organization. The property was offered for sale for approximately a year and a half and at that tine was purchased by Judd and Duncan Dayton. Since that sale in the fall of 1989, the property has remained without a use. Staff has not been provided with any information as to any limitations placed on the Dayton's when they purchased the property but it is their intention as set forth in their addendum. Exhibit B, to offer the conference center for temporary use until a final development plan is developed and finally approved by the City. As already noted by applicant, the property is now back on the tax rolls. Applicants have not received any renumeration to cover maintenance, taxes, etc. The current application involves a comprehensive request by the owners for the temporary use of the conference center by both a church and the Freshwater Foundation, both non-profit organisations. It is my understanding that they would like the application to cover all non-profit organizations that may seek the use of the conference center. The current application involves the following land use issues. litlonal Ose for C3iurch Conditional use permit for church use is consistent with all other zoning districts. Please review Exhibits F and G. Staff sees nothing that would suggest the church will not meet the standards. The total congregation at a maximum of 250 is under the maximum allowed under the ordinance at 300. The specific request for signage can be worked out with the church. Please refer to the standards noted above. A zoning occupancy certificate review would be required for both the church and the new conference center use under the new form of ownership. The issuance of these certificates do not require Council approval as long as these uses are leoated 4 permitted uses. In this case, Seciton 10.29, Subdivision 2 is very specific. Under the RR-lB-1 zoning district, only one additional permitted use is allowed, conference center for a non-profitmaklng organisation. Spring Bill Land Company is classified as a profit-making organization. Can this application be accepted as a variance application to a performance standard or would this be considered a use variance, and in violation of State law? Staff will seek the guidance of the City attorney on this matter and provide further direction at your meeting. If the City Attorney opines that this would be considered a use variance, then applicant should be advised to seek an amendment of this C^e section. Zoning File #1637 April 12, 1991 Page 3 of 4 The aspect of the temporary nature of the request may shed another light on the application and may simply be resolved by an agreement for a specified period of time between both applicants and the City. This again will be another issue the City Attorney will be asked to address. Please note the applicants propose no physical changes. Except for the signage there will be no change in physical appearance of the facility. Note none of the meetings or conferences proposed by the Freshwater Foundation will exceed tf.e 300 persons occupancy limit but even if this were to occur, such a Sleeting would be allowed under a large assembly permit. This would be the responsibility of the owners to monitor. Review Exhibit E, detailed information on the Freshwater Foundation ’s proposed use of the facility. Except for the issue of non-profit versus profit-making, the application appears straightforward and consistent with all other standards of zoning under the RR-lB-1 zoning district. If this issue cannot be resolved by our meeting of April 15th, applicant ■my be given the opportunity to separate the church use from the conference center use as the addendum for the Woodridge Church notes the Immediate need to occupy the facility. Pending resolve of the ownership matter, do Planning Commission members have any other concerns that should be addressed? Options of Action Conditional use permit for church use - If members concur that church conditional use permit can be separated from the cosiprehenaive application submitted by Spring Hill Land Company, BMmbers nay grant a conditional use permit. As for the issue of the type of ownership of the conference center, the following issues must be resolved by the Planning Commission before they can formally act: 1.If non-profit is determined to be a performance standard for the permitted use conference center, then we need only address the need for a variance. 2.If non-profit organization is considered part of the permitted use, then to consider a variance would be in violation of State and local codes. Would you approve a zoning amendment that would allow a profit-making conference center use? If it is within the City’s authority would members recommend a temporary agreement for a limited period of time for the applicants/owners based on the uniqueness of the facility and the financial investment (physical improvements) that exist on this property. r.|k ■ .1^ !■ Br.f: F r-i- tj'fi ■i:lsfe(^ Zoning File #1637 April 12, 1991 Page 4 of 4 In any case, the approvals of either the conditional use permit or how we address the conference center use, the following nay be included: 1.Legal combination of the parcels that make up the conference center use. It is not clear why the City did not require the legal combination at the time of the major additions in the early 1980's. 2.Any user of the facility should be adlvsed that if membership or attendance of persons exceeds 300, that a large assembly permit must be applied for from the City of Orono. 3.All signage shall be subject to the standards set forth in Section 10.61, Subdivision 2. Isv 'f I', - r CF CRCNO “ GSJfSRAI* LAND USE APPLICATION PROPERTY LOCATION 725 County Road 6, Orono ./^ -i ; ' <3 Site Accress Property Identificaticn Nu.T.ber (P.I.O.'25-118-23-32-0002;3v Please attach legal descripticr. on required survey. to aoolicaticr. ir net ir.c*ucec APPLICANT Spring Hill Land Company Name Limited Partnership_ _ _ Phone (home! Phone (werk; 4.3-3332... ■- 'rr -.rvr Address OWNER (if different than applicant) Spring Hill Land Company Name Limited Partnership_ _ _ Street Wayzata Z-lr>55*lSr'• uu —- - - --- - - - - - --- - - - V .1 .-il* •1 w* k' t V V Phone (heme}-•i J '^7 l-KK > . V' • vv Phone •.rv . . r ' «• k. ^ /..Vi Ac!dressSuite 220 > 445 East Lake Street City Wavzata_ _ _ _ Pit ___ _ , • • Seotember 1989 f /,.pa- >Date Property ^cquirec *_ _ ___ _ _ _ _ _ _ _ _ _^ ea-/ I (do) (do not) also own the adiacer.t parcels cr a.anc. Renews After- 1 Fee - thc-Jact 1/2 Current Fee —— Douche Current — — caw»c.« . ee $ 50.00 For each variance request witn app — $125.00 Residential accessory Use X $150.00 InstitutionalCTchurci^ school, etc.) S150.00 Guest Heuse/Guest Apartments $150.00 Duple.x Credit/3ldg $250.00 Commercial/Industrial Gse $200.00 Land Alteration w w I-i.c2“Lcr. Grading and filling - designated wetland or floodplain Gradinc and filling - 101 cu. yd. cr more ^ . v. Grading# seawall# retaining wa^ls witnin /5 o- «a..es.o-e PRD/PID “ see fee schedule OTHER APPLICATIONS . , . ^ $200.00 Commercial Site Flan Review (- consu.Ltanw $250.00 Vacation $175.00 Easement Vacation $ 50.00 Ease.ment Vacation With Subdivision ' $250.00 Retoning (PUD - refer to fee schedule) $100.00 Appeals _ _ _ _ Other - see fee schedule f ees) ntSSZNT osz 31TY Freser.t - RP^- lB-1 Conferenc^^ente^ “v •) y Present: Use cf Preperty Hesiter.tia- c c r. f e r er.ee c enter DESCRIPTION OP REQUEST Describe request in detail:see attached 2. required submittals L CoitD X € t ed Aoo lica^^c** •c^***« ^ z r * ^ o*^*a*^ Procerrv Owners -is^ c- o-----^ ^--------- ^ _________,0^- this list frorr. Hennepin Countv Departr.e..- c. .-..a..-- « Center 348-3271). Ce’-*'•*icate of survev (sicnec a----e..se- s^-.-.c- . T^Vo'c r a’p h i c s . r v , y , _e . . s -. . r. c_ ^ ,_r = p c a e = = = r. -. a . r s ...... invCaive cn3-*v-es e-.wp-2- —a — —aite.aw-o..s staff fer recui rer.ent s ■. Construction plan, -- a-w-.wa-----^ ^__‘a se-arate list of As an addendum to tnis apc-icaticn, r-j- c-." any other persons you wisr. noti.ied c. 3. 4. 5. S. 7. YOU ARE REQUIRED TO SUPPLY 30 COPIES OF A WORKING COPY (11" X 17" OR S.MALLER) FOR Ph« applicant and r“5/3tc’*eVe if'"the"aicve inforr.aticn hasrtr.«mber that your apc-ica—on -s ..o. co...------------ ict been included. ______________________________________ j^^2,cation by Clerica- Oepartme..- w..a- w,-..- ^-se ••^r [cltials of Clerical Staff :___-------------------—-----------------— 1 cation is ccr.plete. Date APPLICANT'S SIGNATURE -«»cuired or ?h« applicant hereby agrees to provioe a. :*l;r(staff ..quested by the incurred ;iB. not covered by crigina. .ee •---~.a-*cn sutoliedn review of this acclicaticn, anc certi-.-s -..a- - - - - -- - s true and correct to t.h^best cf his/her .<ncw,ecce. pplicant's signature i^besn c* —s/ne* Cjli/LfA Date a3./^ milZRS signature **h*s a--* ca-"* cn and further he owner hereby ac)cnowledges fr'^-v “s-a^^f, consultants, ttthorised reasonable "‘1®ne- *e'-s for ourooses cfcents, coarission mer.bers, anc Counc-- rne.....e.s -o- . nvestigation and verification t..is rscuesw. tmer's signature Date hrvVlVl‘VulVi-.--j=. , uthorized agent attend in your p.ace anc ac\_se w.,e b Cfice of this change prior to the meeting. S'* V a :_ , itt St.KilW.>r, talk M .1, . I J DESCRIPTION OP REQUEST The Spring Hill Conference Center operated until 1988 when it ceased operations for economic reasons. Thereafter, Spring Hill Conference Center determined to sell the property in Orcno and significantly reduce its operations. Ov^^r a lengthy period of time, Spring Kill Conference Ce.nter attempted to effectuate a sale to a similar nonprofit entity but without success. The reasons for the hoped for sale to a nonprofit were to continue the existing land use as well as to continue the function of the Spring Hill Conference Center. In 1989, Duncan Dayton and Jud Dayton began to seriously look at the Spring Hill Conference Center site in Orono with an eye toward acquiring the site. Ultimately, a deal was struck and the Dayton brothers acquired the Spring Hill property late in 1989. As an entity to hold title they established the Spring Kill Land Company Limited lurtnership with Spring Hill Land Company, a Minnesota corporation, as the corporate general partner. Jud Dayton and Duncan Dayton are the two principals and are actively involved in management of this property. Jud Dayton and Duncan Dayton herewith petition the City of Orono for a conditioned use permit for the property surrounding the conference center buildings being PID No. 25-118-23-33-0002. The conditional use permit they request is to allow \he buildings and the immediately surrounding property to be used .or two purposes. One is by the Fresh Water Foundation and the other is by the Woodridge Church. Both users are nonprofit corporations. The description of the uses of the Spring Hill site by the Fresh Water Foundation is attached hereto as Exhibit A. As you can see, the uses of Spring Hill by the Fresh Water Foundation are very much the sane as the uses to which the conference center facility was put to by Spring Hill when it was in operation. The second user is the Wocdridge Church which is an active church. Its uses of the Spring Kill site are attached hereto as Exhibit B. Again, the uses of the site are more for church and church related purposes than of being only conference center purposes, but such uses are quite similar to conference center uses. In addition, churches are permissible users of lands in Orono’s Zone RR-lS-1. The Dayton brothers have held the Spring Hill Conference Center property for over a year now without having been able to obtain revenue generating users of it. with the property now on the real estate tax rolls, the holding costs are soaring as you would anticipate. The Day^.on Brothers long-term intention for the property is to develop it at some future date. In the meantime, they wish to obtain a conditional use permit essentially permitting conference center uses similar to those to which the center had been put by its former owner and occupant Spring Hill Conference Center. .. I.',. ■K:' f i:. ;:• iir ;iS: v;' i V ' I fc, ’i .. ■ t/' « fr ■* r;r.e. vA.-; t'h: '•i •-:k.' ■ ^^^ •; . 1'ily;' As you can see. Fresh Water Foundation and Woodridge Church are relatively short-tern users and the revenue they will generate to Spring Hill Land Conpany Liaited Partnership is noninal coapared to the total holding cost, but nevertheless significant in reducing such costs. For ease of adninistration by both the City of Orono and Spring Hill Land Company Limited Partnership the applicant requests tha the conditional use permit be issued to Spring Hill Land Company Limited Partnership rather than to the individual users. Neither a topographic survey nor construction plans are attached because no such work will be done. SPRING HILL LAND COMPANY LIMITED PARTNERSHIP By: Spring Hill Land Company Its General Partner By ; ^ Name: Title: t/i^g •T -V ^ - 1 . 4 cJ Y i tm '< ..la.*^■>4 1 it; Vi;' t. < ; • V •1 mm Mif ti/tt/n MICH tM NCItC^lN jiimiltn tt-iw-ts SI OMt MNISS UttSSXMCO mu UMD LTD rrSD SMIM mu utm LTD rrsp C/D 40 UNMUIsr I'VfWMt 740 t UKC ST NsmTA Ml snn so tS>lM-tS ss ooos OOOtf SMIXNO rau OP rsMttvn OAvso 0 jom rLOOfN its smiNs mu m mayzata mi sssu ;' OMCi MM .!^ TMMAVfimm/mm < ♦ ?»V ■' •’ i‘ r j*- ^ *'" I. •' '■r : . V. M M oou MOM MOOESS UNUSXONiD MCI N CMLMN IT At MCI N i CAMtlNi C CMiSCM Mil IMD or N iMOS 1 •* 4 •'h. /iS.J' ■ ■ • TMMVft I so SS-XX0>tS U 000& OOOSO lioosts lOMSOXONie tomiM mu UNO lid ptso somNO mu land lto otso c/0 40 UNNUISr A VOOAJH 740 I URI ST NsvtATA m snn ... ^ W ■ ; 'f . 1 ■. ■ Si ’ i"-' ;■ ’ ; 1 y •; * * * ? ';4 'vl- « «.1! " ! I t ‘ ‘'j'. ; COUNTY WWPtSTY INFOMMTION SYSTEM mooeiitv omcss list OEMRT NO. 0X4SB401 PACE S so tS-llO-SS ss 0001 OOOSO AOORESS UNASSXflNED SPMINO mtL LAND LTO PTSP SPSINB HILL LAND LTD PTSP C/0 40 LINDOUIST A VEI0AA1 740 E LAKE ST NAVZATA MN 55S91 SO ts>iio-ts ss ooot 007ts SIXTH AVE N SPSINB HILL LAND LT PTSP SPSINB HILL LAW LTD PTSP C/O 40 LINDOUIST A VEMAAI 740 E LAKE ST NAYZATA Ml SSS4I — 9 M M OOM MMl NMTN STMAN 10 0 A C CAILSON MUCE N A CAMtlME C CAItSON on NCMTH STIEAN 10 NAVZATA HN U591 S8 A5-11I-2S S4 OOOa OOSSl NMTN STIEAN ID 6 L KOffHAN A S L mFFHAN G t A SUSAN HOFFNAN SAl NOIHI STREAH ID NAYZATA m 5SS91 r M ZA-lII-ZS M OOOS OOMO SPRING MILL RO SPRING HILL LAND LTO PTSP APRINO NILL LAND LTO PTSP C/O 40 LINOAUIST A VEItAJH 740 E LAKE ST NAYZATA m 5SS01 SO 24-110-2S 44 0004 OOOSO ADDRESS UNASSIGNED SPRING MILL LAND LTO PTSP SPRING NILL LAND LTD PTSP C/O 40 LINDOUIST A VENNUN 740 E LAKE ST NAYZATA »tl SSSn CD so Si-llO-tS tz ooos 007U LONG LAKE RO E F NINSTON ARC NINSTQN FREDERICK NINSTON 745 SPRING HILL RO NAYZATA ffti 55S91 TOTAL DATCN OOZ 00011 tl:: I CESTIPY THAT THE FACTS REPOESENTEO ARE AN ACCURATE AMD TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEMCPIN COUNTY DEPARTMENT OF PROPERTY TMMTION* TO THE BEST OF HY KNONUOGE AND BELIEF. . ■... 1- t' EXHIBIT A SUBJECT: ■ .•l'- I ~ ' "\ t i“ r li '’7^ uriiTii ililliilfh I 8FRZIIG HILI. lAWD COMPAHY LTD. PARTNERSHIP 445 EAST LAKE STREET SUITE #220 WAYZATA, KN 55391 ..A DATE: March 13, 1991 TO: Lindquist & Vennuro Robert Mitchell FROM: Sharon Catton Spring Hill Center Leasing Information Per your request, I am sending the following information on the Freshwater Foundation and on Woodridge Church: Freshwater Foundation - Tenant information sheet and proposal. Woodridge Church - Letter of intent, letter of proposal, Woodridge prospectus, tenant contact list and copy of conditional use permit that the church had submitted to the city. Also, * enclosed a copy of the Spring Hill Center Complex which helps to refer to in reviewing the above proposals. Please let me know if you need any further information. k- ii:- k'” r ... .te- : *' SPRING HILL LTD. PARTNERSHIP PROSPECTIVE TENANT 2/15/91 FRESHWATER FOUNDATION H. MARTIN JESSEN (MARTY) 471-8407 'i V-'*' ' #■ X' -V.X EDUCATION DIVISION SHORT TERM 2-3 YRS. OFFICE SPACE 3,000 TO 4,000 SQ. FT. SUMMER CONFERENCE, MEETINGS JOHN LEWMAN SHOWED CENTER ON 3/4/91 JENSSEN SENT PROPOSAL ON 3/7/91 ..•t •••** ■ *. r \ •. S'' • fe' m IK k'.'^ ^W: X - i' i ii iI'-'''--. • '• * •'•. ■ F' r&:' Cl-: kx kp- l;i- mI"' F-II; tip **• f * ^ "•»_r ■m t , ., t '»Ei,i-(u*5,Te<» e- X' T e 1 . 1 • • ■v'* . lo: from: r#: Wr. John Lehman •POTSNTIA^VnVsrtWaTER^^^ fOUNOATION M*'cn r, 1 ,j, roundation uses or srh iNG H.'LL ••••••»•»•••■*n Addition to thm Bffi. ..............•••••—... mR«lnB c.chy.,r,h.,UX\""mML?»m ”''^ “* "■"'''"•/■'ORl . nun.6« »,po,,o„„., „. .u...»,\7,:r;,„r,rrxv?::-:;;r ...... f M»#tln/. Ffumniiity £iilm-.H,....,^,„.,rf Mininti WS Geological Survey Wafer 0«t« Commltte «1 per year Trelning Session u». w.te(i Atfvlsory Commiu., Lake Association ftfucation Seminars Meuo Wetlands forum Freshwater Board of Olrectore Frethwater Committees 20 100 fl - 12 2 eacii 2 00 > 100 Froshwater Academy for High School Students 3 • 4 100 5 - e 20 - 30 3 • V'^’ornh 4-10 2 25.30 t *2 «di 0 0 0 J*clihiM. Th«s« couia S«usJ m7»t«f°67«rd o7s7"^ *'•<’ »'e II Freshwatar u/R... .- ____ 2 as If fMAh '^vrEiurn, eno Oihera. k :,~w'"."*prir. T’‘ *'•« Fest-it bf«nri ir«05^,jfj, CS--------- BO^Iia&saidafas.J • • •• • • * •- *•• • > ^ • «. . *- •. •.^ I >“ V . •\>v* • ' .»•*. t *. % •■ / • .“4*1 WOODRIDGE CHURCH •;: A Diace ro Delong A Diace :c oeconnc ' ^ . . V .* «* ‘ .* ■ * <* , - V: ' . January 29,1991 *• .••» h ■-*. • . • » V .r *• / *-.t .• •*. * w » *-v-. ... -*\ Mr. Duncan Dayton . Spring Hill Land Co. ■ 445 East Lake South ..rV.’lv;- - *- Suite 220 ' ‘Wayzata, MN 55391 *. ^ . . . . . • '• - . X t * , • . •• - • • K Dear Mr. Dayton: . . V -'l ’' , *• »** * •/ *.• / •* • . -• - ••• » *• •. • * * m. ^ At the request of your agent ^L'. John M Lewman, I have enclosed a copy of Woodridge's letter of intent regarding the Spring Hill Conference Center. We have also enclosed a ■ Prospectus for Woodridge Church as well as brochures and newsletters that will provide . - some background information. . »••• * m 9 ^ ► • • • , We appreciate the opportunity to present this information and offer to you and look forward to further discussions with your agent and yourself. •' *1 'Cr!;./'. •Sincerely,'s v» -.'k •-r *•. . • < •V* \i »• ." •- :. . *• Milo Arkema Leadership Team ■ • ''•.r V •• * # • ’ /; • • m- • ^.V,.' -.oc: Mr. John M. Lewman x\ t-t' V V* Mr. Mike Brady. .J ..• • '* V ;. • . •, >. ; ^ *•• • • , • •■ »• : • • • • V *• * ». \ V • • • . • • * i* ... . .* ' *.«./•. ■ • *' '''.C -C • # • • ‘• • * f* * .. • ... *.*. . V - • • • ’ •, .*• *'. *:'* •*' ’V*' ••- ••. .. • ... . • • >.*. •. • .. .■ * ■i V-. : • ,• • • • • *4.9, ,. * .•'A * r. •• M^iBng Address s 6630 Shady O^Uc Road ■ Eden Prairie. MN S5344 (612)944^394 ; • ; ' . * ■ • •• • y » « • n i-- ft F -■ r. w If: i-‘1^ t-' I': ,| :'-f: I J,L f 1J .' • // AOOENDUn A Ifoodrldg* Church ic «n tflght month group ot about 250 pmopi* (Including ehlidron). Woodaim Church ol Edon Praxrio mtmrtmd and oontlnuas to aupport Woodridqa. Wa ara praparing a atatamant lor tha oanar. Hr. Dayton, and would ba happy to ahara that with you upon your raquMt. The currant attandanca on Sundaya la about 250 and waaknighta la about 70, Va would uaa tha Confaranca Cantar Building Sunday morninga and Wadnaadny avanlnga for our aarvlcaa. ka may uaa tha Conlaranca Cantar Building ona othar 6 hour tlma alot par waak lor claaaaa. Wa want to uaa tha Admlnlatratlon Building lor ollicas and Sunday School clnaaroona. g# hnva no laaaa arrangamanta lor othar parta ol tha liava par day rataa lor varloua araaa lor coniarancaa fuellltlaa lor coniarancaa undar thia arrangamant. laclllty. Wa do and would uaa thi Boodrldga la applying lor a 5 yaar parmlt to uaa tha laclllty. Va auat aay that Orono looka to ba a wondarlul community and Woodrldgi Xooka lorward to bacomlng a giving "cltizan*. Thank you lor your conaldaratlon ol out application. A : Steve J. Michel - Broker. Inc I- Oricar.s ui'i-' nv-"*' US A crTice ,ei:' 593-i^io F.I\ 59i-lC51 January 2b, nr. Jonn L»«m®n TowXa R*«x J3U 2na Avenua Sout.ri Sul^a bUO «Xnn**poli». I1inn»aot.a 3b4Ci Daar Wr. Lauman; - fijv my citent, Woodric39* Church, to Thta lattar anall ^Lme* builcing on a part tima caaia and Putidinq on a »;;« p^op!rty Idaaa to aaaiat you in ganarat-^g iatarast. at aoma with a minimum output purcnaaa tha Duildinga and undarlytng tima, to nagottata an vaiuabl* to hr. Dayton in land aa vail aa land Puiiaingm and along County Road 6. hia davaiopment plana) ?! Lyton'a loaaa lor tha ny cliant'a daaira la to ,?:nLai uaa. t.hat can Oa prbparty and aaa ll thara ara muta.-y nana. diacowarad ragaroing hia property. . ai tha proparty makaa it otHicult to w. .r. .».r. th« t«. “^ia*vL Si.il ... r.por*.) laaaa. Tha unlQuanaaa c- ^ Dayton and altar agraaing ;r”a'i:i!orinrr:ru!ram:rt:?^;n-y^ a laaaa lor tha proparty. CCCUPAHCY Woooridga wanta to bagin occupancy Ap. -1 REaUiKt.’tS.HTS Rant lat yaar «2nd yaar 2ra yaar * INCLUSIONS Kuii ................... .on. tihrouoh *r?' a... R.ni. '-‘"'“'tt'tlS. mot inoi-ain. t.i.Phen. aarvlea>. tha option ot antaring into a laaaa lor Wa alao requaat tha opt a<2-*tion to the abowa.Friday or Saturday avaninga m ad-.tion to -Ccnmen’itl .‘u-./i t'l.cf iJWK.vpr ' U-: 2.F#rBon«l Property:wooorxdOB ■n*ii hBv* xn® prxvii»g* uBinq p»r«oa«i prPD»r*y »n trtB buildings It IB occupying.SpBCXlxo xtm^m tr.ciua#C Put net iiwiteC to: triBonon* Budxo/vtdBO •quipment. cooi#r, offxc* *quipm«nt «nc lurnitur» (including d**i«*. partitions, pooKcsses. typsvritsrs. cspinsts. s^s. > kltchsnstts itsms tcolIss^BKsr, *tc. ), «nd ioungs I'urni turs. Xn tas ssms tiiBnnsr. psrsonsl property shall also bs avaiiao^s to b» ussd in roo"*s which are ranted on a par day basis. The grand piano snail ba moved into tna large conlaranca room. wooeridga shall maintain and repair all above mentioned personal property in at least condition it is received, normal wear and tear excluded. signage One Sion le needed wit.hin zcnino code on County Road b. One sign is needed near the aeeeaa dear to tne Admmiatration Teeporsry eigne are needed during eervices/conlerences at roadeide, perking iot> etc. OTHER PHOPERTY USEAGE Woodridge eanre to set up per day rates for uss.ge oi rooms (and personal property) not induced in the main lease Dining Rooes/Lounge Area (including restrooms) a. Hinor ueeage ol Serving Room and Dining Room - s-0.00. b. Wajor useage oi Kitchen appliances, etc. and Dining Room 5100.00. ^*“%iiJnirRooII®(lndiSn*iine!I*!eiIJirilb.OO plue laundry and cleaning charges. Last Lounge ■ *30 west Sleeping wing (inlcudee lounge ueeage). 51., plng Roo. (ineluB*. lin.n •15.00 plu. l.unary .nd cleaning charges. Guest House (includea linen ueeage) »'J0. CC plus laundry and cleaning chargee. Kain Lounge (inclucing Rest Roome/Library) S30.Ou Woodridge shall provide labor for clean up and laundering under the •uporvxsion of Hr. Dayton's property manager. OPTION TO RENEW Woodridge prepoeei change being grow a 3 year option to renew this iei rent ehali increase to: Year l-» te with the only , Year 2-s Year 3*» II. V'; / 1 a r. ■ fr. •"J'. . -. i . ;■ ' # OPTION TO purchase ••**^ion#d #srXxcr» WoocrxCQff • r»*id»nti»l d»v#iopm*nt on r.r. otimr ior mn option to buy tor tft» land. tne potantial oi b»in!j an aaaat Oaytor.'s iana. w# would iik* to unaarstandinQ Hr. Dayton's PRODUCING additional RcVEK •- Woodrldg# 10 confidant it can bring in iurther incoma isr Hr. Dayton Xnrougn rantal oi th* x.cixities to other religious organloations. w» new* more apvcilic laaaa lor you soon. CONCLUSION A« aqant lor Vcodridga Church in thia transaction, these terms basis ot our intentions. Upon review ol t.he £inal lea terms. Woodridge Churcn is ready and wiiii.-g to proceed with the A n^ke Br^dy L^.'A • Vl.J « ir..--k' #SPRING HILL LAND COMPANY LTD. PARTNERSHIPWOODRIDGE CHURCH CONTACT LIST 1/29/91 yAME pngTTTON ADDRESS. John Lowman Leasing Agent Towle Real Estate 341-4444 MiJce Brady Leasing Agent Steve J. Michel 593-1916 Broker, Inc. 591-1051 F 3925 Orleans Ln. No. Mpls. Mn 55441 Milo Arkena Leadership Team of Woodridge Church (Accountant) 941-8323 0 944-3278 H Paul Johnson Senior Pastor Woodridge Church 944-8394 % I fi V” Lif vr I SPRING HILL LAND COMPANY LIMITED PARTNERSHIP 445 East Lake Street Suite 220 Wavzala, Minnesota 55391 April 19. 1991 Ms. Jeanne Mabusth Zoning Administrator Otjrof Orono P. O. Bat 66 Crystal Bay, MN 55323 Dear Jeanne: This letter is ftw the purpose of providing Orono ccnain specific assurances regarding our operation of Spring Hill site. We are familiar mu, the Orono land use ordinanws and their rcouircraents regarding the operation of this site. Rest assured that we will (60) days after the end of each calendar year. Veiy truly yours, SPRING HILL LAND COMPANY LIMITED PARTNERSHIP By: Spring HUl Land Compare Its: General Parmer Judsun M. Dayton Vice President I 4 rlv P-\B' B' LINDQUIST & VENNUM ii«' Y-ty- Ms. Susan Pace-Sbnpiro April 17, 1991 Page 2 If there is arything else needed, please let me know. 1 trust we will be on the Council Agenda on April 22, 1991. V’erv trulv vours. LINDQUIST & VENNUM w Robert G. Mitchell, Jr. RGM:VLF:ch Enclosure cc:Jeanne Mabusth, City of Orono (Via Facsimile 473-0510) Judson Dayton (Via Facsimile 334-3122) Duncan Dayton (Via Facsimile 473-0152) 1..ti.•4< LINDQUIST & VENMJM •lars/i I"I i-';' fv h r* •- I ' s'-' ^■- b -Si-'W' Vi•V *p: fi' h'’"-m m. ?4. April 17, 1991 Ms. Susan Pace-Shapiro Popham, Haik, Schnobrich & Kaufman, Ltd, 3300 Piper Jaffray Tower Minneapolis, MN 55402 VIA FACSIMILE (334-2713) Rc; Orono Application No. 1637 Spring Hill Land Company Dear Susan: These arc the additional points Jeanne Mabusih would like covered between niy diem and Orono. 1. In aone RR-lB-l only study and rebcarc.h centers operated by one or more rnin-nrofit charitable, scientific or educational organizations arc allowed. 2. Section 10.29, Subd. 6. limits gatherings to 300 unless a large a.«cmbiy permit is obtained. 3. The enclosed map shows that all the buildings being permitted under the application are on P.I.N. 25-U8-23-33-0002. The other parcels will be qualifying for real estate tax relief under the Green Acres Law, the Agricultural Preservation Law, or other. None of such other parcels has anything to do with the operations being permitted; they are simply nearby properties. 4. Spring Hill will provide Omno with a list of users within 60 day's cf the end of each calendar year. teifeirr J f . 1/ ' • ,' S '.UJ.. #--‘ ' V i,'. / / Jl. IT”; s t c - ’-r,'v ■:i •»afc •♦ t«* •• ' 9m fV ■ ^ ~ V y 0t »• •# •••tr. *,,^1 <» I «-r 1^ Nb-«:: «!• r .^7 »r*v«tYt ^M*i I* **♦ 5*^*2!!» » rt* ^ rf!?V^4**%^***■j;i £ is^; iiv^: i. r.! “- v« ^B-T^-n •■• «•! ** I *tf *♦ W wmm • •.*•»—- . • ^ • »t t * It I- ^ *1 •• t ^.:;:v::; i?V ^ .:**. :-!U t. .* r*> • j . .;;;. ••■> ■•"; v;!- :.r -!-J-r' •: r ^•■• ••• ■.•5 •• ’ n;:V* :r,4‘:L* IVx v» ?• ;t*t. M • «:-.|\m. *f« r .-•. i_;'« ..................«!.**i •••••* Mf «•«■» ♦ •* * : :»?.: tv^v, s-4 5:. t i! ••! •• U» •►«r.f .•'•rT'.srrJT.’K VS, • ^ m %i 9 r « • ■ • • - r- t 1- r « 15*;^* if-I*j;rr 7 ‘n.TrJT!*'!: •'T r! irtsTJtsW-jfiSSS.’ - wv •••••*- iritvi^ ••. • .i*’ ise;'• ■••«•: !«%• H ••ill .jTf^rnJf •• R - uKancc April 12, 1991 ■ k: CITY of OROXO Post Office Boa 66*Crysui Bey. Minneeou 55323 • Muaiagai OfBc On the North Shore of Lake \finnetonka To« B«rr«tt Pophase Haik & Associates 3300 Pipar Jaffray Tower 222 ninth Street South Minneapolisf MN 55401 Dear Too: « T n«ed vour guidance and input on an application th* eonf.r.ne. eent.r for a church ^ i, Floas* rofor to the Land Coooanv, Limited P^tHrihllf i. a gJSin-mikiSg'o/ganication. Yoi are asked to j^Qspond to til# following* 1 T« "nnn-orofit* a Performance standard or part o* -ha J n..^ The Code reads .rndv and research centers nron* ^ more non-o^fit charttabiTo%med organizations “nlof Jt^-.m^kiTo «,anif^?o^^ users? What 5r.t”;»7.h°e. non"4«%7t fVo’m >'-"Vr’is‘^hlt IIIMe of the facility for a conferrace purpose or rs that one I should run by the Planning Commission. •M. eommiaaion will be considering the application onThe Planning Commlasion wiii calling me so that we nayAoril ISthe I would appreciate your calling me ^s^s this matter prior to our meeting. Sincerely, Jeanne A. Mabusth Building * Zoning Admnistrator JAM/IsV ■uujNNC asoMNc - 4n.ur ADMiNisnunoN a rousNCE - 47j.73« R^x.4nant ptrBUC WORKS - 47J.73Jt F r i' ^ u„ r<-. i >ci: •V;-. '. ,-y 6: W: ■iF' F: •F t- 1*I"'- '•4/ i■ -■,.U;. fj, jf k*Ei''--' Tbs Mayor Peterson 6 Orono Council Members City Administrator Bernhardson % Y % rreai Dates Michael P, Gaffron, Asst Planning s Zoning April 19, 1991 Subjects #1623 Dr. Keenan Richardson, 2500 Woodhaven Drive^^ Conditional Use Permit - Resolution *wj^\ Soalag District - RR-IB, Single family rural residential, 2 acre, unsewered Application - Request for conditional use permit for filling approximately 500 cubic yards within the front yard. List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Resolution Notice of Planning Commission Action 3/21/91 Planning Commission Minutes 3/18-20/91 Memo 6 Exhibits of 3/13/91 Letter to Homeowner of 2450 Woodhaven Dr, 5/16/03 Disenssion - Please review the memo and exhibits of March 13th. Briefly, the applicant requests approval to fill 500 cubic yards in his front yard to eliminate some pockets where water has been ponding. This is not a wetland area, but the area is relatively flat and surface drainage is poor. The applicant brought in fill last fall, but was stopped by staff before he could spread it, and advised of the need for a conditional use permit for that amount of fill. The City Engineer reviewed the site and recommended approval. Re noted that the fill will be placed in an area that will not impact the site drainage, i.e. the direction of drainage leaving the site will not change, and the amount of runoff leaving the property will increase insignificantly. Plmiioing OomBisslon Secommendatlon - At their March meeting. Planning Commission recommended approval on a vote of 4 to 0, with the following conditions: A. Applicant shall adhere to the grading plan as proposed. B. All disturbed areas shall be revegetated as soon as possible upon completion of the grading work. C. Adequate erosion measures shall be maintained in place as may be required by the City Inspector. D. Payment of after-the-fact investigation fees for both application and grading permit. I &■ Zoning #1623 April 19, 1991 Page 2 of 2 Regarding the after-the-fact fees. Planning Cominission felt that it was outside their authority to recommend anything other than payment of the after-the-fact fees. They suggested the applicant would have to discuss that issue with the Council. They applicant correctly states that some of the fill is needed to protect his neighbors* mound system from occasional ponding of water. This was brought to the attention of Dr, Richardson's predecessor prior to construction of his home, and to the affected neighbor, in 1983. Apparently, whatever finish qi^nding was done at that time did not solve the problem. Council has the option of requiring the double fee for just the conditional use permit application ($200), just the land alteration permit fee ($75.00) or both. A copy of the fee schedule wording is attached. Although staff would argue that not all 500 cubic yards of fill are necessary to protect the neighbors* mound, applicant may have been attempting in good faith to solve a drainage problem that affects his neighbor. It may be reasonable to waive one or both of the after-the-fact fees at Council*s discretion. Staff Reoo dati< Staff recommends approval per the Planning Commission recommendation. A resolution reflectint that recommendation is attached. The resolution reflects payment of both zoning application and land alteration permit after-the-fact fees, but could easily be revised if Council so desires. A RBSOLDTlOa GRANTIliG AM AFTBR-TBB-PACT COHDITIOMAL USB PDMIT PBR mmXCIPAL lOMIHG CODE SECTION 10.03, SOBDIYISIOHS 19 ft 21 PILE #1623 NEEREAS, Keenan Richardson, (hereinafter "the applicant”) is the owner of the property located at 2500 Weodhaven Drive within the City of Orono (hereinafter "City") and legally described as follows: Lot 3, Block 1, Leverings Woodhaven, Hennepin County, Minnesota (hereinafter "property"); and NBEEEA8, the applicant has applied to the City of Orono for an after-the-fact conditional use permit to permit the filling and grading of approximately 500 cubic yards, requiring a conditional use permit per Municipal Zoning Code Section 10.03, SuMivision 19 through 21. MOW, TBBRBPORE, BE IT RESOLVED by the City Council of Orono, Minnesota: PINDIMGS 1. This application was reviewed as Zoning File #1623. 2. The property is located in the RR-IB Rural Residential Zoning District. 3. In the Pall of 1990, the applicant placed approximately 500 cubic yards of fill in his front yard. The City Inspector advised applicant of the need for a conditional use permit and land alteration permit for the fill. Applicant stopped work on the project immediately and made the appropriate application. 4. On March 18/20, 1991, the Orono Planning Commission reviewed the application and recommended approval finding that the proposed filling will have no negative Impact on neighboring properties, entails placement of approximately 500 cubic yards of fill up to 2.5* deep in a lOO'xlOO* area of the front yard, and will help to eliminate an occasional ponding near his neighbors' sewage treatment mound. The City Engineer recommended approval of the fill. Page 4 of 4 i’ci * ' r I:*" N' -.u i: n 5. The City Council has considered this application including the findings and recommendations of the Planning Comnission* reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. 6. The City Council finds that granting a conditional use permit ‘o allow the placement of 500 cubic yards of fill on applicant's property will not be be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. OOaCLDSIOHS, ORDER. AMD COMDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.03, Subdivisions 19 through 21, to permit the placemens of 500 cubic yards of fill on the property, subject to the following conditions: 1. Applicant shall adhere to the grading plan as proposed. 2. All disturbed areas shall be re-vegetated as soon as possible upon completion of grading work. 3. Adequate erosion measures shall be maintained in place as may be required by the City Inspector. 4. Applicant shall obtain an after-the-fact land alteration permit Including the $75.JO after-the-fact permit fee. Applicant shall further pay the $200.00 after-the-fact investigation fee for the conditional use permit application before the land alteration permit is issued. 5. Violation of or /n-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 of 4 ~r>i i ^Ai jfrttf'' i It I 6. The undersigned owner has read, understood and hereby agrees to the terns 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 Grono City Council on this 22nd day of April, 1991. ATTEST t Dorothy M. Rallin, City Clerk Barbara A. Peterson, Mayor Property Owner(si STATE OF MINNESOTA ) ) SS. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of April, 1991, by Barbara A. Peterson 6 Dorothy M. Ballin, 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 My Commission Expires Page 3 of 4 A- ^ . .1 ■ «. • STATE OP MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this_ _ _ _ _ _ _ _ _ _ _day of _ _ _ _ _ _ ___ _ _ _ _ _ _ _ before me a Notary Public within and for said rounty, personally appeared Known to me to be the person(s) des<^ited ir and who executed the foregoing instrument, and acknowled'; . ' he (they) executed the same as his (their) free act and ceef. NOTARY PUBLIC MY 'OMMISSTON EXPIRE*^ STATE OP MINNESOTA ) )88. COUNTY OP HENNEPIN ) On this day of 199 before me a Notary Public within and for said CountyVpersonal ly appeared known to me to be the person(sl described Tn 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 Page 4 of 4 czrr or oaoaor. O. Bos S6 Crystal Bay, NH 473-7,*5? 55323 Z0BIB6 PILE #1623NOTICE OP PLANNING COMMISSION ACTION Date of Notice: March 21, 1991 TO:Dr. Keenan Richardson 2500 Noodhaven Drive Long Lake# MN 55356 COPIES TO: - TZPB OP ;^PLICATION: Conditional Dse Permit DASB OP MBBTIBG: 3-18/20-91 VOTE: 4 For 0 Against 'I- * ■ I ^ :j H {■ -! !:■ i k f.. ds the following:riaMBliig CoMBission Approval subject to conditions noted below MOCTS AMD 8PBCIAL COHDITIONS: A* Applicant shall adhere to the grading plan as proposed. B. All disturbed areas shall be revegetated as soon as possible upon coapletion of the grading work. C* Adequate erosion measures shall be maintained in place as may be required by the City Inspector. D. Payment of after-the-fact investigation fees for both application and grading permit. Applicant's next scheduled meeting is confirmed as City Council on Monday, April 8, 1991; starts at 7:00 p.m. Please advise City staff immediately if you wish to postpone until the April 22nd Council meeting. If you de^<)ire certified copies of the official Planning Commission minutes# they are availaole from the City Recorder after review and approval by the Planning Coirarlssion. Isv • * • * • *: r' I- r FS' PLANNING COMMISSION MEETING HELD MARCH 18, 1991 (#4)ZONING FILE #1622-JOHN HARDIN CONTINOED Hardin replied. "I would first like to clarify tnat the front porch will be open, not enclosed witn screen or glass. My hardship is that I am marrying this summer and need more room in the house. There is no closet space on the first floor and the master bedroom is very small. The addition is proposed the front of the house because that is “hep it works the ^est. Only the northwest corner of the house will encroach into the setback area. The addition would actually be 44 feet away from the traveled surface of the road." stated that he had no objections to Hardin s proposal. Hanson said. "I was out there earlier today, and from what I could see, this plan would have no impact whatsoever on anyone else in the neighborhood." Hardin added, "The neighbors look favorably on this plan of mine." Bellows said. "The proposal seems fine, however, it wou-d be helpful to better assess Mr. Hardin's hardship if a floor plan had been provided. When an applicant is basing his h-rdship on the configuration of t.he house, a floor r'.nn .ou.d be submitted." Kelley informed Hardin that it appears as though he would get a favorable vote on his application. He added, "As I recall, this house was constructed prior to the establishment of the foot front yard setback requirement. The resolution include language prohibiting any further encroachment toward the road." Bellows added, "We may also wish to include a statement that would require the porch to remain open." The Public Hearing was continued. (#5?t1iNING FILE #1623-KEENAN S JEAN RICHARDSON 2500 NOODHAVEN DRIVE CONDITIONAL USB PERMIT-POBLIC HEARING Jean and Keenan Richardson were present. The Public Hearing was opened by Kelley at 7:56 p.m. Saffron reviewed the information psrtaining to the Richardson's application, as outlined in his March 13, 1991 memo. He stated that the City Engi^'^or has reviewed this application and has indicated that he foresees no impact on neighboring properties as a result of the filling on the Richardson property. - 8 - r I h I k Pfe- PLANNING COMMISSION MEETING BELO MARCH 18, 1991 (#5)ZONING FILE #1623-KEENAN RICHARDSON CONTINUED Kelley asked Gaffron how many cubxc yards of fill ware placed on the Edwards property, directly east. Gaffron asked Kim Edwards if he recalled the amount of fill placed in his yard. Edwards replied, "I do not recall how much total fill was in Qy yard. I did not do aj.» fi-.^in9» some was done by the previous property owners.” Bellows asked if the Richardsons ware aware that the City Engineer did not believe the fill wou.d sol/e thej.r draina-^e problems. Jean Richardson replied, "In our opinion this will help." Keenan Richardson said, "Mr. Edwards v/as required to put additional fill on his property to protect his septic site. Tie filling that he did displaced water that normally drained on his property onto our property." It was the consensus of the Planning Commission members present, that they would recommend approval of this application. The Public Hearing was continued. (#6)FILE #1624-DAVID CARLSON (SHORELINE MARINA « YACHT CLUB) 1955 SHORELINE DRIVE COMMERCIAL SITE PLAN REVIEW-PUBLIC HEARING David Carlson, applicant, and Steven Fichtel, Architect, v/ere present. Kelley opened the Public Hearing at 8:00 p.m. and asked Mabusth to present her opening comments. Mabusth reviewed the changes proposed in this site plan from those proposed with applicativon #1592, which was approved in October, 1990, with Resolution #2891 (see Jeanne Mabusth*s memo 5ated March 13, 1991). She noted that she had recently been informed by the applicant of his intention to use the lighting plan approved with application #1592. She said, "There will be no changes in the lighting or landscape plan. Tne only changes proposed involves the clubhouse structure. The Variance application is still in effect. Kelley expressed concern regarding the underground gas tank. He asked Staff if they are aware of the elevation at which the tank now rests, and the date the tank was first installed. Carlson stated that he did know the elevation of the tank. - 9 - J V I ' I S;:-' f ^•S- bA '*m // ‘* 0 PL*m.«G COMMISSION MEETING <RE-CONVENE> HEU, MM.CH 20, XS91 e>TT r 41 KEENAN 4 JEAN RICHARDSON(#5) ZONING FILE #162 J B:J-s H« ‘"""" “•• At 4:16 p.m.. Kelley closed the Public Heering. w » n«v2c seconded by Hanson, to recommend approia/%^ "a"'® Conditi^^^^ /.co'ISinendl^ lon^^^^ to Richardson, "A avVs-4. Na-s-0. Motion carried,penalties and fees. Motion, Ay^.s (#6)ZONING FILE #1624-DAVID ^RLSON (SHORELINE MARINA 4 YACHT CLUB) 1955 SHORELINE drive ^.CONTINUATION OF PUBLIC HEARING “*^S«n®ncht^ar5e«"cerlson -ere present. At 4:17 p m.. Kelley re-convened t.he Public Hearing. a brie^' review of the application for the Mabusth provided a brie- revi. benefit of Rowlette.XW wa. - - - - - - RO-l.tt. ^econ^’level XAc""be"rng"r^a”d°«it!;in raised concerns about the seco.no the 75 foot setback area. t.ne slVu«l're®ls^^li««l'^ wl\lll\l?^^^"£l^oA''sVtbacK area, which frequently occurs with marina facilities. to Council tihB Pl^nnin^ fuel dock, as discussed at the Mar.h meeting. Kelley closed the Public Hearing at 4:20 p.m. It -as moved by ”p=°"'^%'*or‘’Lve”car^^^ Shor^ine E*'and^y«^t“2Tul“?as%"eseh-ted.- Motion, kyes-4. Nays-0. Motion carried. - 3 - 0 ■ } r Tox Planning Ccmroission Chainnan Kelley Orono Planning Coinmission Members City Administrator Bernhardson . Proa:Michael P. Gaffron, Asst Planning & Zoning Administrator Date:March 13, 1991 Subject: #1623 Dr. Keenan Richardson, 2500 Woodhaven Drive - Conditional Use Permit - Public Hearing Soniiig District - RR-IB, Single family rural residential, 2 acre, unsewered Application - Request for conditional use permit for filling approximately 500 cubic yards within the front yard. List of Bshibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit P Exhibit G Exhibit H Application Plat Map Property Owners List Survey/Grading Plan Comments of City Engineer Soils/Topography Map from Original Subdivision Approval Letter to Applicant 1/18/91 After-the-fact Fee Schedule Pertinent Code Section - Section 10.03, Subdivision 19 - Requires a conditional permit be obtained prior to filling or grading. use Pertinent Pacts - 1. Just prior to freeze-up in the fall of 1990, applicant placed approximately 50 truck loads of fill in the front yard, estimated by staff at approximately 500 cubic yards. Because no permits had been issued for this filling, the work was stopped and applicant was advised to either remove the fill or apply for a conditional use permit. 2.Applicant has provided a survey showing existing and proposed contours. The proposed depth of fill ranges from 0 to 2.5' in an area approximately lOO'xlOO', on the east side of the driveway. 3.In discussions with the applicant regarding the reasons for filling, he notes that in the spring, water ponds in the front yard area rather than running off, and the intent is to somewhat channelize the flow and eliminate low spots. 4.The City Engineer has reviewed the site and the watershed downstream. Re notes that the filling will not impact site drainage, i.e. this will not change the direction of drainage away from the site. He notes that while the amount of run-off from the site will be increased slightly, that run-off will have no significant impact on the high water elevation of the receiving wetland two lots to the east. Zoning File #1623 March 13» 1991 Page 2 of 2 Discussion - Based on the City Engineer's comments, there would appear to be no detriment to neighboring properties if this fill is allowed. As you can see from the original subdivision contour map, this lot receives run-off from the neighboring properties to the west and north. Directly east, Kim Edwards at 2450 Woodhaven Drivo has been allowed to fill the front half of his property, via a previous conditional use permit. However, the rear of the property has been maintained as a swale area for neighborhood run-off to continue eastward to the pond. One additional benefit of allowing the applicant to fill in ^be proposed location is to move drainage away from Edwards' mound sewage treatment system. The presence in the spring of standing water in applicant's yard may have a negative impact on his neighbor's mound system, hence removing the ponding area is a benefit. The current application was submitted without the after-the- fact investigation fee, which is equal to the application fee of $200.00. The City fee schedule (see Exhibit H) indicates that the after-the-fact investigation fee is mandatory for after-the- fact applications. Although applicant has cooperated fully with City requirements since he was advised of the need for permits, staff does not havhave the authority to waive the after-the-fact fee because a soning violation (i.e. CUP requirement) exists. Unless Planning Commission feels there is justification to recommend waiving the investigation fee for this applicat* on, it would be due before the after-the-fact grading permit could be issued. (P00 structure is as follows; land alteration CUP application fee $200; after-the-fact investigation fee $200; grading permit $75.00; after-the-fact permit fee $75). Total ■ $550.00. Staff P<» I—fiiiiliition Staff rec^nnends approval of the conditional use permit for filling approximately 500 cubic yards subject to the following conditions: A. Applicant shall adhere to the grading plan as proposed. B. All disturbed areas shall be revegetated as soon as possible upon completion of the grading wor)c. C. Adequate erosion measures shall be maintained in place as may be required by the City Inspector. D. Payment of after-the-fact investigation fees for both application and grading permit. #1CITY OF (ntOHO * GZHERAL LAND USB APPLICA< niQrBMy location Sit* Address ). /vii/'^n LaJd. o■3 1 Property Identification Number (P.I.D.) Lot g> 'g>leci I La.'rfc.r PXmm attach legal description to application if not included on required survey* Phone (home)u.-uj Name k##_swirv -r R; cShiajrrLr-iCr Phone (work) .. ^ I." V • «r V Address ?-«qv^ Q*r------------ f 1 . Vi•-' a »v ■ •M c (if different than applicant) Name Ai3ov<« Address _ _ _ _ _ _ _ _ _ _ _ _ _ _ Phone (home) Phone City _ _ _ •' .• t »’ 4 'V » / - I* X j. • V'w ;3< ■i.' . ..•••* Zip rr Date Prop|krt9Lj^cquired Aio»^» ^. J ^ ^7 jmonT:n X (do) kfio noQ also own the adjacent parcels of land. (month/year) - OOHDZTIOHAL OSB PERMITS - Renewal Fee - 1/2 Current Fee After-the-Pact Pee - Double Current Application Fee 1^'>v $ 50.00 For each variance request with CUP application $125.00 Residential accessory Use $150.00 Institutional (church, school, etc.) i?-' $150.00 Guest House/Guest Apartments $150.00 Duplex Credit/Bldg I:$250.00 Conmercial/Industrial Use >/^ $200.00 Land Alteration l Grading and filling - designated wetland or floodplain Grading and filling - 101 cu. yd. or more Gradin'^# seawall# retaining walla within 75’ of lakeshore I'PRD/PID see fee schedule Li.?<k- m APPLICAnOHS _ _ _ $200.00 $250.00 $175.00 $ 50.00 $250.00 $100.00 Coonnercial Site Plan R^.*ew (+ consultant fees) Vacation Basement Vacation Easement Vacation With Subdivision Rezoning (PUD - refer to fee schedule) Appeals Other - see fee schedule *I * •A a' USB OF PROPERTY Pr«s«nt Zoning District Pressnt Use of Property /Residential Other (specify) BB8CRIPT10E OP RBQOBST Describe request in detail: mosi-gf Mk. .^rwlnviij ■«-. «*- g.tg.i/a.Ka 1. 2. iQin I i -•SDBWlTTRLg F 3. 4. 5. 4. 7. Completed Application Form. Certified Property owners List of owners within 350' (you can obtain this liat from Hennepin County Department of Finance A-603 Government Center 348-3271). Plat Nap. Certificate of survey (signed by a licensed surveyor). Topographic survey (existing and proposed contours) if land alterations involve changes in elevation (grades). Construction plan» if applicable (see staff for requirements). As an addendum to this application, please attach a separate list of any other persona you wish notified of this application. TOO ARB RBQOIRBD TO SUPPLY 30 COPIES OP LARGE DOCDMEIITS OR A «ne«T»C COPY (11* X 17* OR SMALLER) FOR ALL DOCOMEIITS SUBMITTED. The applicant and Property Owner must sign this application. Please resModser that your appl ^I'ation is not complete if the above information has ■ot been included. Certification by Clerical Department that Land Use Application is complete Xaitials of Clerical staff:_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date_ _ _ _ _ _ _ _ BVfUCABT'S SIGBATORB nie applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or unusual expenses incurred In review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant's signature /Co.Date Z-2/- y/ _____ SIGBATORB The owner hereby acknowledges and agrees to this application and further Sttthorised reasonable entry onto the property by City staff, consultants, moents, commission members, and Council members for purposes of inwestigation and verification of this request. Guner's signature {Ca.Date Applicant srast have all submittals into the City offices 25 days before the Tlaimiag Commission Meeting. Planning Commission Meetings are held on the Ihhird Monday of each month. Applicants must be present at all scheduled imwiew meetings of the Planning Commission and Council. If an applicant is mmilble to attend a scheduled meeting, please make arrangements to have an |inthorised agent attend in your place and advise the Building & Zoning Office of this change prior to the meeting. :^9 TT4 IQ 4SI.M 4i4 50 £ASr i^.t\ ’95.91 LI a‘“boc'^iV^oT^io' - 5UT k OR 3 »9X93 (12)n\Q0d9iikW« / i (16) 2 5 : *>'2^ Taisi •?u 9 *11 4*5 s? ^ 1 JS » (5) 3 fA9l 1 • ••......lie r •• (10)2 2%(3 L ' . ^ J A • X. . 8 2 § 7M /N /X 1 s ^ /If §* (10)8 i\y 1 ' (n)8 ?i7 4 (12) 2tf ( 13)8 >- H' ' ■•. i - I ! 'nii MTt u/ofk/nii ■NEMCnN COUNTY MOKRTY INTORHATiaN SYSTOtnorciiTY omm listMTCN MX M SSolM-2B n Mlt OOOM AINMCM UNMSXSNCD TMMVIll ON RV CO ON «Y CO SO IS«UO-XS 41 0004 OtflM NOOONAVfN DO RtBMN 0 nOUmSON IT *L KIPNN OXCNUasON « JIM UMU MCNAROSaN IMO IBOOIHVIM OR UMO UM Ml S5SS4 TRIMVIR SO SS-UO-XS 41 MIO «X440 NOOONRVIN OR J I 0 NMRXS JOMI T a MTRXCXA L NMRIS X441 NOOOHaVtN OR ■BSS4 » *’ ; M IB-IU^a M Mil rtS UNASSICNED BLIfil N i UNMA L 6MNBCM su N miim M NN USM M 4f oooi S • f-. ,l TMOAVtR • It ' ' . i : SO »>110«XS 4X M7J • • OMSO ABORISS UNASSXONID ? • 0 otmooN a K L pen rson ; ooNoyM 0 .a rarsn l ktcrson X71B OXLYIR VXtN SO UMO URS Ml SUS4 RfPORT NO. PI4SS4I& PAOC S SO ’(S-llO-XS 41 0004 02400 NOOOHAVCN OR F N JR a 0 R CALHOON FRANCIS JR a BONNIE CALHOON 2400 NOOOHAVEN OR L0N6 LARI Ml S55S4 38 3S-118-23 41 OOOS 024S0 NOOOHAVEN OR K A CONAROS A B R NALTER KIN EDNAROS A BOMOE NALTFR 24S0 NOOONAVEN LONG LARE Ml SS5S4 S8 ’..S-llO-XS 41 0007 02550 NOOOHAVEN OR PRATO ANOERRERG PAUL R AN0ERBER6 2S50 NOOOHAVEN OR LONG LARE Ml 55354 38 33-118-23 41 0008 02545 NOOOHAVEN OR NAN BASHORE NEAL K A NARY 0 BASHORE 2545 NOOOHAVEN DRIVE LONG LARE Ml 55354 30 3S-11B-XS 41 0013 00345 NILLON OR N GEORGE L OSGOOO ET AL L«”RY O OSGOOO 345 NILLON OR N LONG LARE Ml 55354 38 33-118-23 41 0014 00325 NILLON OR N GLENN A SANDRA GR0MER6 6LEMI N GRONBERO 325 NILLON OR N LONG LARE Ml 55354 38 SS-llO-XS 41 0014 02525 NOOOHAVEN DR C J O’COtHOm A L S O'COMIOR CHRISTOPHER J 0‘COMIOR AND LYNETTE S O'COMIOR 2525 NOOOHAVEN LONG LARE Ml 55354 SO 33-118-23 41 0017 02485 NOOOHAVCN DR NARK N NOLF HARK N NOLF 2405 NOOOHAVCN OR LONG LAKE Ml 55354 38 33-118-23 42 0009 30 33-118-23 42 r I • TOTAL BATCH 002 00016 * •* t» * . >»/ 1 >■u . . ■p ..t 4^* • 4 ■ ■ ! 'V PMP ABOR BX4M SILVER VIEN OR 02650 SUVEB VIEH OR 02675 SILVER OR 1 • •\ "BM«B NAM SPEAR THE MiRS CHURCH RlCHAm A PATBICIA MEYER 6 A C N KIRKPATRICK '} TANPAVBB .EPEJK TNE NORi CHURCH JOHN V i IKMU H CROTTEAU GRAY A CHRISTINE KIRKPATRICK I ' NAM/ABBB SIS JEREEV AVE S 16115 46TH AVE N 2675 SILVER VIEN DR r ■ .. . .' ROLSEN VALUV Ml 85424 8 PLYHOOTH m 55666 LONG LAKE MN 55556 1 I« I r I' 1* i-- % ^.r L - - 1 f‘V 1 K ciry OF OROND ■AJ CITY of OROXO Piisi hb^CrvsUii li.i\ MmncNui.i • Municipal Offu%*> On the .\orth Shore of Lake Minnetonka 1983 Ho;.. er 24 50 ..oodhaven Drive Long Lake, Mn. 55356 Dear Sir: Tn telkina with Bill Levering today abov:t his plans to build on the lot i^ediately west of you, I noted that the drainage appears to be inundating your mound drainfield system. This situation is detrimental to the proper functioning of the mound, and must be changed before the system is In addition, a final inspection must be made on whe pump and ala*m system for the mound. Please contact me or City Buil ing Official Tom Jacobs immeciately to discuss the resoluti -n of the grading problem. Sincere'V, ffi Michael P. Gaftron Septic System Inspector MPG/mtw cc: Tom Jacobs, Building Official ■UlLOINGa /.O.MN(i - 47} 735* ASSkSSINC Ai;MIMSTK.\T10Sa riNANCL - 473-7358 IXULIC WORKS - 473-735V I.i K ,1 ‘r it lowmo APPLICATIONS <CX)NT.) Application Type RIP-RAP Staff Ravlew (normal rip-rap) Onuaual Rip-Rapt a) New installation b) Repair existing APPEAL OP ADMINISTRATIVG DECISION INDUSTRIAL REVENUE BOND APPLICATIONS Minimum Project Valuationt $250,000.00 Application Feet Tee Applicable Code Section Ho Charge $100.00 + CUP review Staff permit » $100.00 $100.00 10.06, Subd 3(D) 0.1% of project valuation ($250.00 minimum) plus $5,000.00 deposit for legal/ administrative expenses SURCHARGE POR STAFF EXPENSE IN EXCESS OF APPf.lCATIOM FEES Section 10.11 Par Fan Schedule set forth below: ProCaaaional Time $ 28.00/hour Claclcal Tima $ i6.75/hour Lagal/Englnearing Consultants Actual Billed Cost Nlleaga/Copias/Postage/Gtc. Actual Cost AFTER-THE-FACT APPLICATION INVESTIGATION FEES (Resolution 1306) (Applies to all application types including variances, conditional use permits, siHidlvlslonf soning amendments, rip-rap permits, special Imprqvement reviews, grading permits, moving permits, business licenses, kennel licenses, all building permits and all general permits.) This permit fee may be waived by staff for resident property owners who have not Involved a contractor in their work, hiive no previous history of work without a permit and where such work does not entail any zoning violations. 5 _ #■ Ih: 0^h y I: l-y-'-.P-y- i'-‘- li­fe. •H•:/ vV :r " \ ' tl f/ T '^:.- GlTYof ORONO Post Offiot Box 6£*CrytUl Bay, MinnaaoU S5323*Maiiidpal OfBoaa f -: M On the North Shore of Lake Minnetonka January 18r 1991 Dr. Kaanan Richardson 2500 Woodhaven Drive Long Lake, MN 55356 RE: Fill in front yard Dear Dr. Richardson: As we have previously discussed, the fill placed in your yard either nust be removed or you must apply for a Conditional Use Permit in order to spread it on the property as you proposed. Since I have not heard from you regarding your final decision, this is just a reminder that if you intend to apply for a conditional use permit, the application deadline for the February Planning Commission meeting is January 25, 1991 at Noon. Deadline date for the March Planning Commission meeting is February 22, 1991. Heating either one of these deadlines should allow your application to be reviewed in a timely manner so that grading work can occur as soon as weather and ground conditions permit. Please contact me at 473-7357 if you have any questions. Sincerely, Hichael P. Gaffron Assistant Planning 6 Zoning Adminlstra^^or HPG/lsv mc-etyrm administration a rnance - 473-7351 RAX-4734SN PUBLIC WORKS - 473-7359 If’v :-4 h •t; '•E'b-;> ''K t. I r h‘: ('■■ ijv'- N>„ ri^'t- ^ J Bonestrcx> Rdsene ^=5 Anderlfk & ^1 Associates Engirwcrs S Architects >tc G aooert \A/ aoime Jomh C Andeht* ^6 ».Ovr . PE c Of 9 z-x>* pf **‘c^es 6 'iovev ^E ^oce^ G jc^u'^c'^ p£ SuUn M Etjer*^' CPA ••— * ^crCXT' Pf • Jt PE Dc^»d C Su*9i>or Pf * 9c^fCtr' •.*S‘« *• “^aru:r ^ p^c: pf '.•<**je- ^ pf -JC-r*’ 9 P£ C^<3 O a»«ou PE '.V ^tefv)n PE C ^yncr Pf 8 M^i^nd PE cef*r^ p indent)/' pf Mat* •! 8p^ PE •ooeh C Cutset a • a •'►'0^41 t Pg *-(XV4lC A jj-HtjiO Pg . r:;,3eror p« v<jr« * >C Pf p^' 0 - C4S>«^| p£ •tmee* ^Arrmer Pf Mere 0 'A/m PE T’*V5/T>as 9 Andrrtoo A l A G^ry f Pyieryjer Pf V%iet 3 p£ w GfMT lit P£ Hpne c A r A^nes V * C P O ®Mnc“ pf Cec“<? O'^*^ p£ «oee»T P 0»fCtfvw P£ Gary A Vlore^ *6 Chjfin A EnrtsoA Leo M PiM«nev M*njn M Oion March 11, 1991 Ci^ of Orono Box 66 Crystal Bay, Minnesota 55323 Attn: Mike Gaffron Re:Dr. Keenan Richardson 2500 Woodhauer FUeNo. 139-1623 Dear Mike: Wc have received the request by Mr. Richardson to place approximately 500 ± Cu. Yds. of fill on his property. The fill will be placed in an area that will not impact the site drainage. The total storm sewer runoff from the site will be increased slightly, (not definable) There is a large wetland area downstream of the Richardson property near Willow Drive. The additional runoff would have an unsignificant impact on the high water elevation of the pond. Please contact this office if you have any questions. Yours very truly. BONESTROO, ROSENE, ANDERLIK & ASSOCIATES. INC. ie.u. Glenn R. Cook GRC:dh 23SS Wtat Highw^ 36 • St. PwiL Miimcsoca S5II3 • 612-6364600rn^m^................................ To: Dates Mayor Peterson ( Orono Council Members City Administrator Bernhardson Michael P. Gaffron, Asst Planning s Zo April 17, 1991 % Subjects #1626 Tim and Beth Traff, 268 3 North Shore Driv^^j^. Variance Soolag District - LR-IA, Single family lakeshore residential, 2* acre, sewered Application ~ Request for side setback, lot area and lot width variances to construct new residence. List of Bshibits Exhibit A - Planning Commission Action Notice of 3/21/91 Exhibit B - Planning Commission Minutes of 3/18-20/91 Exhibit C - Memo 6 Exhibits of 3/8/91 Diseassiem - Please review the memo and exhibits of March 8, 1991. Briefly, applicants' existing residence is on a 1 acre sewered lot in the 2 acre zone* The existing house is 2' from the lot line. Applicants propose to remove the existing house and construct a new residence on the property. They request lot width and lot area variances, and an east side setback variance of 5.5' (revised from 7') to allow the new residence to be 24.5' from the lot line. The neighboring property owners to the east, who are most affected by the setback variance request, are not opposed to the variances. The Mitchells, property o%mers to the immediate west, have expressed concern that the new home will be extremely close to their property and perhaps encroach on their privacy to a degree# although the proposed construction meets setback and average lakeshore setback requirements on the Mitchell side of the property. Hanniag Coesiission Recoanendation - Planning Commission reviewed this request at their March 18/20th meeting# and on a vote of 3 to 1, recommended denial of the side setback variance based on no hardship being sho%m since new construction could be redesigned to not need this variance. The motion included a recommendation for approval of the lot area/lot width variances. Planning Commission clearly felt that applicants should be allowed to construct a new residence on the property# but the majority felt that the standard building envelope left sufficient width at the average lakeshore setback line (approximately 43*) that a residence could be designed and constructed without the need for setback variances. fVfe :■ h‘-- r M-f- .tii'- St Zoning File *1626 April 17, 1991 Page 2 of 2 Staff Ret I Ml iidatiCTi - Council may wish to review the applicants* statement of hardship and letters from the neighboring property owners attached to the March 8th memo. Because the Planning Commission recommendation was for partial denial, staff has not drafted a resolution. Staff will draft a resolution reflecting Council's action for the May 13th Council meeting. CXTT OP omo ». O. Box 66 Crystal Bayr 473-7357 SOHIBG PILE #1626 MB 55323 NOTICB OP PIANNIIIG COMMISSION ACTION Date of Notice: March 21, 1991 TOs Tim & Beth Traff 2683 North Shore Drive Nayzata, MN 55391 COPIES TO: TZPB OP APPLICATIOBi Variance k A) DATS OP MUTZBBs 3-18/20-91 VOTE: 3 For 1 Against the folloifinq: Partial approval subject to conditions noted below. Notion voted on was as follows: 1.Denial of side setback variance based on no hardship being shown since new construction could be redesigned to not need this variance. 2. Approval of lot area/lot width variances. Applicant*s next scheduled meeting is confirmed as City Council on Mondayf April 8, 1991; meeting starts at 7:00 p.m. Xf you desire certified copies of the official Planning Commission ninuteSf they are available from the City Recorder after review and approval by the Planning Commission. If you wish to submit additional exhibits or information for the Council to consider, please provide this to staff by March 29. Isv ivA. . •. .‘i at . >?■ r %mKife plabhing commission meeting held march 18, 1991 (»7)Z0BIBG file »162S-D0N OLSON jon Olson was present.. » a.'^d 'in . and asiced Relley open.^ ......................... Mabusth to make her opening\ZTi 1.0 -^Iscn’s acolication# .. seTToll^ rrh«'*Mar=h 19n"-.;: ' ' X tOiWii - V if anv of Mr. Olson's neioBbors were present. Kelley asked if any oi • -- «s-««Ant Olson commented ..t r-perio:Silf^.:np-tf?rBrn:4”-renH tBe, nGroateH ihey had no objections. . „f B.llows, Kelley and Hanson, c.nat It was the consensus 'this aoolication.they would recommend approval of this app The Public Hearing was continued. (♦6)X0HIBG FILE 11626-TIM S BETH THAFF ’““Sm^ff. and B^nmentrit., were present for this matter aoolicant's contractor. i_,, at 8j26 p.m#The Public Hearing was opened b. . ♦ _ _in The KUDxiw - if He Gaffron explained \!?t **w\d‘t'h ' and^ •”* ./ard setback Variance, *®,^";i'--esiience. He said. This is a Variances, to replace an zoning District, »r.done acre lot located in a two acre loni g of i« sewered. The existing house sketch of the proposedtSeTd'.'lot line_. ■ r.Ketcr.nlwing tne :^«ti^^ residential structure, as i n® He said, VUwh tne of the average lakeshore se proposad house will be eLeption of a Vakes^o-e setback line. Tne Ioea?ad behind the on th-v Traff property was “hTh/rdo'er oaiculations. ■aea tirww --------- Traff stated ^***- “"** tneir*'Vooo'yftiSi^tS*this inr -e'- ^^uest^^ng -riince^^fr» Jh.^ Mitchell _ rht‘4ri*aho%-a^rovr^ £;av. s-io.nP ^P-erty SrtnThe-ron^l^n SUtit t,'’nrilv',:! have put the property - 13 - ft!' .V: It ■■I ii-- /[r-l :V-I PLANNING COMMISSION MEETING HELD MARCH 18, 1991 (#8)ZONING FILE #1626-TRAFF CONTINUED th® street on tiie market lor sa-s. *ne nartsr.ip is that the existing house is too small, and because it is located on the lot line, we cannot add onto the nouse. The plan v/e have submitted seems to be the best solution." Bob .Mitchell, Attorney, stated that he is not related to Jim and Patricia Mitchell, but that he is here this evening, as their lawyer, on their behalf. Mitchell stated that the Traff’s plan liAS t>aan revised in that it nc longer sho^vs an addition encroaching toward the Mitchells' residence. He said, "The Mitchells' main concern was the side yard Variance that would have been required with the plan we received. Tney are still concerned about the size of the Traff’s lot and the placement of the proposed house toward the front of the lot. They would prefer to see the house pushed back further on the lot." Traff responded, "In answer to the Mitchell's concern about placing the house back further, I would agree to push the house back five feet. Roily Lacy and I re-configured the average setback line to extend from the middle of the Mitchells' house to the Lacy house, which brings the line back approximately five feet." Rollin Lacy, 2555 North Shore Drive, stated that he had no objections to th-^ Traff's proposal. He said, ’’I would suggest to the Planning Commission that you look at how properties are laid out in relation to adjoining properties when considering the sight lines." Kelley agreed with Mr. Lacy. Bellows stated that the Traff's plan is an improvement over what currently exists. Shf^ reiterated her position on the importance of seeing a floor plan with applies ons such as this. Bellows stated that it is difficult to substantiate the hardship in this case without seeing a floor plan. Hanson stated that since it is the applicant's intention to start over from scratc.h, ha cannot justify approving the side yard setback Variance. John Bluroentritt stated that ha h,is started drawing the floor plan schematics that would support tha Traff's position. Bellows supported Hanson's statements Kelley stated that he is indifferent Traff stated that the Planning Commission had looked favorably this evening on several requests for Variances and - 14 - is* V PLANNING COMMISSION MEETING HELD MARCH 18, 1991 1^- (18)ZONING FILE #1626-TRAFF CONTINUED qucSwionfid made his app-ica-ion uniaue Kelley responded that, tne Planning Commission looks at eacn application in a unique licnt, and that each must have a proven hardship. He said, "We are already granting you the lot area and lot width Variances. If your lot was undeveloped and had not received municipal sewer, it would probably have to^ remain that \t^y» From my point of view, this is a builcable lot, and you will either add on to the existing house, or start over. That is why I am indifferent. I .nave no problem with the Variance for that matter. I do not want to see you compare the way in which address your application with what w?j have cone in other cases. Traff asked Hanson if his opposition stems from the concerns raised by the Mitchells. Hanson replied, "No. I have done enough building to know that something can be constructed on this lot without requiring a Variance." Kelley reminded Traff that in the event the Planning Commission does recommend denial, he cou .d still ta^ce the application to Council for their deciding vote. Bellows suggested that Mr. Traff bring back a schematic of floor plan to give tne Planning Commission a better understanding of his hardship. The Public Hearing was continued. (#9)ZONING FILE #1627-SAMUEL A. MCCLOUD RECORD LOT #22, BIG ISLAND AFTER-THE-FACT VARIANCES POBLIC BEARINGSamuel McCloud, and his Attorney, Carter Dei^aittre, were present for this matter. Kelley opened the Public Hearing at 8:42 p.m., and asked Gaffron to present his opening comments. Gaffron summarized the issues involved with Mr. McCloud's application, as outlined .in his March 12, 1991, memo. He displayed a sketch and photo of t.he retaining wall/stairway/deck system that had been constructed on t.his property without proper permits. He added that the retaining walls were installed to restore damage to the ba.nk that resulted frnm the 1987 Superstorm. Gaffron said, "The City Engineer has examined the structure in terms of the necessity of the retaining walls. He de^ci^ined that the width of the bank does need some kind of a - 15 - :r t; I '■ ,>• . 0s. 4 0 s: PLANNING COMMISSION MEETING (RE-CONVENE) HELD MARCH 20, 1991 (#7) ZONING FILE #1625-DON OLL*/N 4590 NORTH ARM DRIVE VARIAWCE-CONTINOATION OF PUBLIC HEARING Don Olson was present. Kelley opened the Publir Hearing at 4:.21 ?.m. Mabusth briefly reviewed the O'.son's application. The Publics Hearing was closed at 4:.24 p.m. Motion carried. (#8)ZONING FILE #1626-TIM « BETH TRAFF 2883 NORTH SHORE DRIVE VARIANCE-CONTINUATION OF PUBLIC HEARING Ti«n Traff was present, as was Karen Schriver, Robert Mitchell, Attorney for James Mj.tchell, neighbor. on behalf of rhe Tcaff’s Kelley re-opened the Public Hearing at 4:: 25 p.m. Tim Traff showr^d the location of the average lakeshore do. Traff also shov/ed the Planning Commission a ..ioor plan of the proposed house. Karen Schriver reiterated the position of James and Pitricia siaTV/ trr.ii Public Hearing. At 4:34 p.m., Kelley closed the Public Hearing. It w.as moved by Bellows, seconded by Hanson, to recommend denial of the side setback Variance to construct a new residential structure, based on th% Planning Commission s belief ^het a new structure should meet all required setbacks, and that ' • •- warrant the Variancethere is no demonstrated hardship to requested. Mr. Traff disagreed, stating that his p.wan w'.ll reduce hardcover and place the house 24 feet further ureperty line than where the e>cisting house now stands. stated that the new house will increase tax revenues for the City of Orono, and that he should be allowed to have his home the way he wou.ld like it. Traff added that he should be allowed to place his home as close to the average lakeshore setback line as - 4 - i-. ;>■- r PLANNING COIiMISSION MEETING (RE-CONVENE) HELD MARCH 20, 1991 (#8)ZONING FILE #1626-TRAFF CONTINUED Planning Commission if they would recommend approval o. a lot width and area Variance, if all ocher requirements J”®;; stated that she would recommend approvax or a lot w^ath and area Variance because the hardship runs with the land because the Citv recognized the lot an 2ii*cabie, anc i- ..s sewe.e-. Hanson agreed.' Motion, Ayes-3. Kelley. Nay. Motion carried. (19)ZONING FILE ♦1627-SAM MCCLOUD RECORD LOT #22, BIG ISLAND AFTER-THE-FACT VARIANCES-CONTINDATION OF PUBLIC HEARING It was moved by Hanson, seconded by Bellows, to table application #1627, as requested by the applicant. Motion, Ay^s<>4, Nays“0. Motion carried. (#10)ZONING FILE #1620-SARA a MARK FINNEY 4195 HIGBNOOD ROAD VARIANCE-CONTINUATION OF PUBLIC HEARING Sara Finney was present. Kelley re-convened the Public Hearing at 4:36 p.m., and reviewed the Plannina Commission's viev/s regarding this application and the intent of the average lakeshore setback. Hanson asked Mabusth if Staff had been able to view tne lakeshore structure comprised of retaining wails, and a stairway. Mabusth replied, "We were unable to meet Sara on-site, but did have an opportunity to discuss the structure v/ith her. T_»ere is a deck which would appear to not meat the City s safety landing standards. The structure is approximately eight to ten years old. It may be appropriate for tha Planning Commission to include in their recommendation a statement pertaining to structure being recognized as a non-conforming structure. _ • City cannot guarantee that the applicants will bo aliowec to rebuild the deck at such time that it deteriorates, and any Structural repairs that are deemed necessary will have to a approved by the City." Hanson was concerned about treating this non-conforming structure in a manner different than the way such structures are normally addressed, though he fully understood the innocence o.. the Finney's and the owners of the property prior to them. Bellows asked what mnasures the City will take to assure that the Finney's and any other owners of this property understand the restrictions regarding the lakeshore str..cture. Mabusth stated that the resolution would include language - 5 - To: Fra: Date: Planning Commission Chairman Kelley Orono Planning Commission Members City Admin;strator Bernhardson Michael P. Gaffron, Asst Planning & Zoning Administrator March 8, 1991 Subject: #1626 Tim and Beth Traff, 2683 North Shore Drive - Variance - Public Hearing toning District - LR-1A» Single family lakeshore residential, 2 acre, sewered Application - Request for side setback, lot area and lot width variances to construct new residence. List of Exhibits Exhibit A ** Exhibit h * Exhibit C " Exhibit D *- Exhibit E - Exhibit P - Exhibit G - Exhibit R - Exhibit I - Exhibit J - i^xhibit K - Exhibit L - Application Plat Map Property Owners List Survey Proposed Site Plan Letter of Request Letterrfrom Neighbors Lacy A Neighbor Acknowledgement Forms Existing Hardcover Calculations Staff Hardcover Review Average Setback Survey Compilation Documentation from 1973-74 Subdivision Perkinenb Code Section - Section 10.23, Subdivision 6 (B) requires 200* width, lot size, 30* side yard setbacks. 2 acre Psxtinent Facts - 1. The applicants request a 7* side setback variance, to construct a new residence on this 1.01 acre property which ranges in width from 93* to 140'. The specific property data is as follows: Allowed or Setbacks Existing Proposed Reauired Lake 140*118*75* Meat Side 80*30*30* Bast Side 2.4*23*30* Street 120'160*50* Avg. Lake Setback 14*2'0* Lot Area 1.01 ac —2.0 Lot flldth 140*/93*—200* Hardcover: 0-75*0%0%0% 75-250'28.4%(26.6%)25%* 25% 250-500*8.5%8.9%30% 7* or 23% ac .99 ac or 50% 107* or 54% * See Item 4 below. i ’ ?.* Zoning Pile #1626 March 8r 1991 Page 2 of 3 2.Applicants' existing house was the caretaker house for the property to the immediate west at 2685 North Shore Drive. A lot split to allow applicants' house on a separate 1 acre lot was approved by the City in 1974, prior to the current 2 acre zoning. At the time of the subdivision. Council noted that approval of the substandard (even at that time) width at the shoreline, was being approved specifically because of the improvements to the larger property, including the driveway and pool. Council noted that they would allow no further subdivision of 2615 North Shore Drive. A year later, rezoning to 2 acres and 200* minimum width precluded any future subdivision of that property regardless of the Council's notation. 3.Applicants' existing house is about 2' from the east lot line. Applicants propose to remove that house and its detached garage and construct a new residence approximately centered on the property. Applicants propose no encroachment past the average setback line, no encroachment of the west side setback line, and a 7* side setback variance (leaving a 23' side setback) to the east lot line. Notable on the survey compilations is that the Lacy's at 2655 North Shore Drive have an accessory building 2' from the line adjacent to Traff's existing house, a very substandard situation. The proposed 23' setback certainly is an improvement. 4.Although applicants' proposed site plan contains 26.6% hardcover in the 75-250' zone, their intent is to limit the hardcover in that zone to 25%, requiring no variance. The reason for the discrepancy is that for consistency's sake, staff has reduced the 75-250* zone area by the area of hardsurface comprising the neighboring driveway at 2605 North Shore Drive, which is partially within an easement on 2683 North Shore Drive. It appears very feasible for the applicant to reduce driveway and patio hardcover slightly to meet the 25% limitation. No hardcover is proposed in the 0- 75' zone, and only *^% hardcover is proposed in the 250-500' zone where 30% would be allowed. Discossioa - Applicants considered the options of adding to the existing house, which would perpetuate a very substandard setback situation. The proposed centering of the house on the property and the reduction in hardcover to meet the limits, would appear to be positive improvement in the neighborhood. While no side setback variance is requested for the west side, the new structure will be further from the east lot line than the existing house, providing a benefit to the easterly neighboring property owner. UiL Zoning File #1626 March 8, 1991 Page 3 of 3 Applicants advise that the property owners at 2685 North Shore Drive would not sign the property owners' acknowledgement fomif and apparently are opposed to construction of a replacement residence on applicants' property. Staff would note that by meeting the 30* side setback, and by meeting the average lakeshore setback, Traff's new residence will meet all of the performance standards that would affect 2685 North Shore Drive, 1£ applicants' property was in fact a 2 acre lot. The Lecy's at 2655 North She a Drive reviewed an early plan that proposed a 15* aide setback and were not opposed to such a variance, as long as the average* setback is observed and that trees be planted. Applicants note that they have planted hundreds of trees on their property across the road and could easily transplant for screening purposes as necessary. The applicants* existing residence is connected to municipal sewer and the new home would be connected to sewer. Although this is a two acre zone, septic si^ . are not an issue. Because a house currently exists on applicants' property, denial o£ the request would perpetuate an extremely substandard side setback. Approval of the requested side setback variance to construct a new house would yield a conforming hardcover situation and a more conforming side setback situation. Given the value of lakeshore property, it is probably not realistic to think that if no variances are granted, the existing situation will eventually go away. The only way that might happen is if an adjacent property owner purchases the property and removes the house. On the other hand, if this were a vacant lot the City would be hardpressed to deny a lot width and area variance if all other performance standards could be met, given the fact that swwer is available and the history of the lot's creation. Staff Kaoc dation - If the Planning Commission finds that adequate hardships are pesent to justify the granting of the requested variances, a recommendation for approval would be appropriate. Such recommendation should Include specific findings of fact su^orting approval. CZTT OP OROHO • VARIAMCB APPLICATIOH Initial Application Fee $175.OC ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee) 0^' 7 ^ -?• • JT • * » .•□P' • '• ^: - . -w* # -*$ * J d **• «* . \ *. ^. I I PROPBRTT LOCATION Sit* Addr««* /</'•?«•4-L SW.<jufi- ■ r - * \*v , T'J • V* “ # i” • * T * i •*' • W • w*.. a I I ~1 — 2. ^ ^Property Identification Number (P.I.O.) ^ t * * — Attach legal description to application if not included on required survey. APfLXCART Name I Address t (if different than applicant) Name_ _ _ _ _ _ _ _ _ _ 2-6^3 'i/en44\ Citvt ' I I ■ ■■ I " / _ _ _ _ _ _ _ _ _LJMM » » M_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ —> —> _ — — ^ mm ^ < Phone (home) Phone {home) ^ ‘ ^ f 7^ _ Phone (worlc) 7^^ ;_ _ Zip; J ■J: !> Phone (wcrk) Address t City; Date Property Acquired Zip: (month/year) (do not) also own the adjacent parcels of land. ^ I <U8B OP PROPBRTT O Present Zoning District 0 * Present Use of Property Residential Other (specify) I 5-" r,-> CRZPTIOB OP RBQOBST Estimated Construction Cost $_S^2 l2^2 Describe request in detail: I rr VARIANCBS RBQOZRD Lot Area Setback Variances ( Other ____________ Lot Width Front Hardcover \X Side Rear) niosHip Describe undue hardship or practical difficyl enforcement of zoning regulations; ric^J^y i^esulting from strict DB8CS1PTIOH OP UHDSOAL PROPERTY CONDITIONS Describe unusual property cond Code Requirements:_ _ i^^^i^j^eventing compliance with Zoning 1. 2. i. 4. 5. 4. 7. t. HUB) SmUITTALS Completed Application Form Certified Property Owners List of owners within 150’ (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 34B-3271). Plat Nap (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) hardcover calculations as required (provide one (1) copy reproduction). Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy Sii^xll"). Sketches or plans of floor & elevation views (provide 1 copy 8*j"xll*'). As an addendum to this application^ please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. to include BJi-xll- for The Applicant and Property Owner must sign this application. Please rsMBiber that voer variance application is not complete if the above ImfonMitien hee not been included. hmiGAMT'S SZmTDIB The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant’s Signature Date -7 -n y / 8ZGHAT0RI The owner hereby ackowledges and agrees to this application and further authorises reasonable entry onto the property by City staff, consultants, agents# Commission members, and Council members for purposes of investiga­ tion and verification of thiju,request. Owner's Signature Date 2-' n tJ Applicant srast have all submittals into the City offices 25 days before the Flanning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled smwiew swettngs of the Planning commission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorised agent attend in your place and to advise the Building i Zoning Office of this change prior to the meeting. V. (S) GOVT LOT 4 .‘■V • »mmmnH couniv tx \ ‘ . ..?T M u tniucv I illMVIiTA lii HSn li ii-ii7*tB it Mi7 wmtim I liUMiTN I nurr . MAS NMIM «M MNftviATA m mnV ► ; i . r Xr: ■• i i' i .< J-' t -H. ll‘ ■ 0-mI Im. - .fc:'mm . *• * * :i 'P .* ■r J.-} t; ii ■ -■•»y=' ••> *1 ^ •• : .* ysx ■ ,v’ ■. • • • A •« ? -\i. * y* : ‘•ij S ■ i' ■ •1'. .! '' iTv nroRNftnoN smni■TV OMCIB LISTn tf-UT-tS 42 0004 OtMt NOKTN SNOOC 0«J A mTCMiU 0 ■ H NlTCHiLL JAMS A NITCNiLL 2AM NOKTN SMOKE OK S NAVZATA m SSS41 TOTAL OATCN 002 0000<* ■CHMT NO. 0I4SA401 KAOE SSO 04-11T-2S 42 OOOS 02A0S NOKTN SHOKC OK TIHOTNV L TKATF TIMOTHY L TKAFF 2A0S NORTH SNORE OR NAYZATA m sssn I CERTIFY THAT THE FACTS REPRESENTEO ARE AN ACCURATE AND TRUE REFRESENTATION OF INFORMATION AS IT APPEARS THIS OATE ON THE RECORD! OF THE HENNEPIN COUNTY DEPARTMENT OF PROPERTY TAKATIQN. TO THE REST OF MY KNDMLEOOt AND RELIEF OATE RY •_.-1 i SI I"% J r Q':) (!>D •01 I \l'i A A' aj »^t3 ^TO: ORONO PLANNING COMMISSION FROM: TIM & BETH TRAFF RE; HARDSHIP 2683 NORTH SHORE DRIVE DATE: 2/13/91 *tJS» t ? w Jg TO: NIKE GAFFRON; A YEAR AND A HALF AGO WE GOT MARRIED. NOW WE ARE EXPECTING A CHILD IN JUNE! WE LIVE IN A CONVERTED 50 YEAR OLD SUMMER COTTAGE WITH APPROXIMATELY 950 SQUARE FEET OF FINISHED FLOOR SPACE. WE HAVE SPOKEN TO THREE SEPARATE BUILDERS AND DESIGNERS EXPLORING ALL POSSIBLE NEW ADDITIONS OR Nr.« CONSTRUCTION USING THE EXISTING FOUNDATION. AFTER A CONSIDERABLE AMOUNT OF TIME AND MONEY WE HAVE CONCLUDED THAT Wl mo TO NIIK A VARZAMCB TO ONE: CREATE A LARGER MORE■mcznr usi of our fotbntial foot plan within our limited RARDCOFBR RNQOIRBMIMTE. TWOt CENTER THE NEW BUILDING SITE WITHIN OUR RELATIVELY BARROW LOT. IF WE WERE TO BUILD OVER THE EXISTING FOUNDATION tWICH IS ON THE PROPERTY LINE THE NEW HOUSE WOULD BE OFF CENTER AND NOT COMPLEMENTARY TO THE LOT OR NEIGHBORING HOUSES. WE HAVE LIVED AT THIS RESIDENCE SINCE 1984. WHAT WE WANT TO BUILD IS A CONSERVATIVE TWO STORY HOME WITH AN ATTACHED GARAGE. THE HOME WOULD HONOR THE AVERAGE SET BACK LINE FROM THE FORWARD PORTION OF BOTH NEIGHBORING HONES AND BE IN COMPLIANCE WITH THE LAKE SET BACK REQUIREMENTS. THE HOUSE WOULD BE DUE SOUTH FACING. IT WOULD HAVE SIGNIFICANT NEW TREE PLANTINGS ON BOTH SIDES OF THE NEW HONE TO CREATE A WOODED ATMOSPHERE ON ALL SURROUNDING LAND. BOTH THE EXISTING HOUSE AND GARAGE WOULD BE REMOVED FROM THE PROPERTY. THE PROPERTY HAS CITY SEWER. IN CONCLUSION; TO TRY TO BUILD A NEW HOUSE HONORING THE CURRENT 30 FOOT SET BACKS SIMPLY DOES NOT WORK. THE PROPERTY IS RELATIVELY NARROW AND THE CURRENT BUILDING ENVELOPE DOES NOT ALLOW AN EFFICIENT USE OF THE PROPERTY. BOTH NEIGHBORS ON THE EAST AND WEST SIDE OF THE HOUSE APPROVE OF OUR PLANS. THERE IS NO QUESTION THAT A NEW HOUSE BALANCED IN THE MIDDLE OF THE PROPERTY AND USING 15 FOOT VARIANCES ENHANCES THE LAND AND NEIGHBORING HOMES. THERE IS NO CROWDING OR ENCROACHING ON THE NEIGHBORING HOMES. WE HAVE OWNED THE SIX ACRES DIRECTLY ACROSS THE STREET (NORTH SHORE DRIVE & NORTH SIDE OF THE ROAD) ALSO SINCE 1984 AND HAVE PLANTED 600 PINE TREES THAT ARE NOW SIX TO SEVEN FEET TALL. PLEASE REFER TO THE CURRENT DESIGNERS DRAWINGS FOR OUR PROPOSED FOOT PLANS. ALSO INCLUDED IS THE SURVEY OF THE PROPERTY. February 5, 1991 Ji•> ■*•I D 2655 North Shore Drive weyzata, MN 55391 i' I- A TO WHOM IT MAY CONCERN: Tim Traff has outlined his plans for his home on the property Idloining ours at 2655 North Shore Drive. Sharon and I do not have any objections to the granting of the variance that SSuld ^2rSit the building site to be within 15 feet of our ^«r5 an.: Ai i indicated to Tin, 1 would, however, ■tirolate that the necessary trees of a necessary height pilled to break up the site lines between our two MVAMftiAs Since I do not have the plans for the exterior Sf the hone, I wuld assume that we could agree once «e 25.uHbS2~ Tie SiSght is it would require four to six trees in heights from 12 to 20 feet. He .ISO would ask that the site °“%|;?”?raff ^p:'45'“^'lbsrriS.'%ruSS*erS5^dtSg !s"?hoL‘site lines oS rs?«ight line drawn from the actual home itself, exclusive of any out buildings, pools, decks, et . Tim's plan for his house seems sensible ^o me and as the site lines are observed and trees are planted to c'*^*®*^ the property, Sharon and I would welcome the Traff s ne home. R^in L. Lacy Sharon M. Lacy ^ James A. and Patricia M. Mitchell 2685 north Shore Drive Uayiata, Minnesota 55391 March 12, 1991 mar 19 .isai ^ 4 Orono Planning Commission Crystal Bay, Minnesota S5S23 Me: 02626 - Tim and Beth Traff variance application 26B3 North Shore Drive Ladies and Centlemen: On March 18, 1991 you will be asked to consider a side yard setback variance requested by Tin and Beth Traff for construction of a new residence at 2683 North Shore Drive, next door to our residence at 2685 North Shore Drive. Since we will be out of town on March 18, 1991 we will be represented at the Planning Comission meeting by our attorney Robert Mitchell. The purpose of this letter is to tell you that we oDDose your granting this variance, to point out three factu­ al inaccuracies in the Traff s' application and to explain why we think the variance requested should not be granted. first, the application states "both neighbors on the east and west side of the house approve of our plans". That is not true. Not only do we not approve of the Traffs' proposed plans, we did net even see the plans until after they were filed with the city. Tim mentioned to us that he would be requesting a variance and told us that he would ask for a letter of approval. He never, however, asked us to sign such a letter. The second factual inaccuracy in the application is the statement that "There is no question that a new house in the middle of the property and using IS-foot variances enhances the land and neighbor­ ing hemes. There is no crowding or encroaching on the neighboring homes," Nhile the current small house at 2683 North Shore Drive dees not necessarily enhance our property, putting a different, laroer (in volume) house fiZflllC to ours obviously will detract from the value of our property, not enhance it. The third Inaccuracy in the application is the suggestion that Orono will cause the Traffs a hardship if Orono does not grant this vari- wet. Me are delighted that Tim and Beth are expecting a child, but suggest that they could simply move into the home that they own directly across the street if space is what they desire. In 1984 we bought one of the oldest homes in Orono. Since then we have worked and studied to maintain and preserve the historic charcter and natural elegance of our home and this area. He treasure OroM s nlling open spaces and wetlands and the 2-acre zoning which guards the openness and the lovely views of the lake from the street along the north side of Crystal Bay. i Pag# 2 In colUbontion with ArU Lindberg it Noerenberg Park, and Jane MacKinnon at the University of Minnesota Horticulture Department, we hiv§ lindsapid our property with historlcelly erd enviromrtentelly correct plant materials along the shoreline and park borders. At considerable personal expense, we have also carefully restotyd the eld Bluek water tower, to preserve for this community a wonderful old landmark. Mhen we bought our home in 1984, we bought a fine home, on a beauti’ ful lot, In an area with a 2 acre minimum lot size. He knew, of course, there was a small house on a non^conforming let (it is not 2 acres) next door. The house was, however, the maximum distance away from us and It therefore represented the minimal negative impact on our property. The Traffs tee understood the limitations of the property at 2633 Morth Shore Drive when they bought it and so have accepted Its nonconforming nature. In light of our concerns and our reliance on your land use rules, we are opposed to having a large house wedged onto a nonconforming lot (2 acre lot in a zone which requires 2 acres minimum) next to us, particularly as the Traffs own two lots and a large home directly across the street from this small lake lot. It will change the cAaraettr of our neighborhood and we do not want that. In addition we do not see any hardship for the granting of any side yard setback variance as required by your ordinance. The Traff property can be gainfully used as it has been for many years without the granting of any variances. Happily the Traffs have attractive alternatives to the situation. They may either move across the street to the property they now own there, or they may maintain the harmony of the area by maintaining the existing size home where it is and which we neighbors have ac« cepted, or they could keep both with the smaller house becoming a guesthouse. Thank you for your consideration of our position. Sincerely yours.sinyreiy yours, . Jim and Pat Mitchell CCi Jeanne Mabusth Bob Mitchell Tim and Beth Traff ^■l •f • >i«l*l* TTm* pi.. Total HAnccoven hj Zone o __ S,F.A Hr TfcAf-p- HARDCOVER CALCULATIO.’I r* t • •• - . ✓ f «L’ 1 1 p •“ t • w w w M.* . ■ • i » 0 *> • • •LE.‘i jTH ‘ ^ • •■« ) • I *?-4- ;:t ^ — »i_. . ' '/• — % m M * m • * • • = “- •■ 7. > • X rr •• a '—7 rr a.Garage o -a.2 "-'A. "•- —7 i . ^ 1 ft i S . ^ . c.DrIV cV/AY •= "T*7 5 !■• •- * ^ f* * CkTHCiL 'bUACAcTOV' Y / 2 / S • D..S idewalk • X ,4 /• • • «d/- -"O ~ . o f- Or»*V*ur* ^ X . 24^7 W • 1 i - ■ A ■ M -K1^ 20«3-0.0 -f o o. ^=> |4aoO e&r<VMiVl4£. UJAU. • . X =S »r 1Jawt'c ," 9ecr ,'^-^U-r. 0,5 /> • MU. . ,.o lo5 G1 - ‘oz. 5 h7. O ♦S.F. C-OWC, J^OCtEd EoCdlC.6HIP^ F. Umdscape t AREAS , - ^ X» . ^ X 37 /7.? - /S,s = 2T< 4 c•J i i • • *¥•’L. ^ X /7. 9 = €2. <S.F. l^tAST+C SHEET+NG X "z4 = f^;:..-f • *T T h':a 1 \ ,. I • OTnff*i, fcSCdlC :</ / ;'.co • r ♦ Wco^ ‘jUia-ai c. Other :. 7 ;< ’^.-r ,• ' .o. c:> dZ. I ✓ • • •'* ■fTT . < 4 ^. o X 'b .' O Total H ardcover in Zc:ie -'-S-2-*-/- _____Lit , o r f7 j t 1 • £ TtS^^ ? Total Property A rea i:i Zc.*ie Z o' 92 7 S.F. S I r I ^7/ >■ &8S^.3 -LfTl 20.9^7 X IM - _3M£_% //'^2^ ^ 4/tT€: fi^iUfc^AY fT^r /4y Sw.^r. ^ ^fJ,y^T. ^ Or/ffM ^iACA-rA^) /ZfS 67.0 / ' 44d^4t ^ r^dd-a • ^ u* * '■ # IdV^7 ■" J 5 ‘5'7/d 5 T /^^ 5^J*«P = % t:ifwHt "T eAi»p- 1 ?• S' «'■.' I" iV '■ fet'-.'If.;.# ^ ..' V. i!u r; I p- Iv..^ ha.aDCOve?. CALCULATiG.'i :m“:<g:-ee' !lX.STl.»o . ••-___. ‘ w- '•X, 2-/v^-?/ A.Hol ’?= ' . . X _w . _ LEXGTH III-, • ‘ ^ f • m • O • f* • :<=J c r W i A J 3.Garage x ^ Z- w « ** • C.D riveway x . 13 6 1 3..-. :< D. Sidewalk ‘ :<% •«f 2 • r . • ■ _ X , w • 4** • £.’at 10/D eck X .«IL.tJ• p.Ianoscapp :<S.E. AREAS UNOERLAIM BY . X C T w 1 « 1 PLASTIC SHEETING X -S • • X , - S 1 I* • G. Other x Si?. TnTAi Hinnrovpr? ff/ 7nr:p /SC/c 1 • « Total Property Area in A /3C/ ^ B Zone 16.0^2 (K 0^2 . r r: X ‘ G'J «S’. 4^ : f • V ' 1 M B M3TB-(f*4 »-^t • •*'••'• i m' If-".: ‘‘['•'7 * a ^-r VvJA'^ OM ITTCt* •p’C.Oiv'^ d^Al^vl^U^AT^ • ••• • ••• //^^ // /A/ ^^^tuft^Ar e^AtT: /S€/ T /y^W = ?. J ■ ff. V’. ii' ^1- "i.v ! f' • ?V'r :i‘ % '■t « tfy/s-ryM& 7S-2S^ ' ' ’--5.-*T- • — ■«■--/vj/j.4«S l-^.C, I^Ce>> 2-.'!?r S^pA^li.T^^i=(7r 1> 2-STi* h'co ♦. •»• » - ... 5T75 ^ = 11 '»'- ^.a, Pgt)foret> r - * srr> 0 ^'T-r ££a<;^^ __________z s^z / 2>yy ^ 5?-* y >. a //•? >4^r . —# ...//^7>ur77y-i.s“j'!> __.4rx/r<,vr» Vf// -U<^U s 3 2-r _r.c, _________^3_Z:____ P)«weM^ /^»72. . _ . ________f*r\oi/i^. -___ _ *_______^?/l ^2-S^: ‘f:" TOs PlIOMt DATE: SUBJBCTt flTlTlONBR LOCATlONt riminlns Cowaission Members D«xter rterston, Zoninz Administrator AuKUSt 10, 1973 Subdivision John II. Cross 2««S North Shore Drive ClflUIBIfr lAHO USE: One aoin homo ai CUMSNT MMIMC: R-IC (one ecro) fROmBJ UNO USE: One acre VUNmCtlbMIlVli AUN; ALTEIMATXVC ACTIONS: One 1. 2. 3. acre 4. Reeomend approval as RoeouMfid auoroval vith conditions Table request until the noratoriun has » eeu liftedRocoMiend denial • state reasons STAPf MFOET: w^t Aanlysis Proposal Required Cross t«ul i«t# NtaiBM lot wiCth 3.28 acres 2 1*17 8 2*il 140* 4 243* NA HA 1 acre 140* ^»_ _■Miiia iik> to divide his 3»28 acre lot into two lota .Tk> "2" J„4 our CoupruhrmlVu H«n pruieutlr 2d*»f erSi jssSd’n^uiisr ii tm cMMCt Noth houaea to sewer. js-sr.!^; aSSs'S !"'£ JJ tbeMo^ S?-.*i2fJi4 2"*JI*rf!i*euav and swimins pool. Bofori |*SSw onr SiMl I •m ■ • . ■ t* '4 ^ros-5------- /e^uw-/" ^I3p ■^f rf ■;• A.; ^ :J ,-1 f-~::r- '•*• ■.-.•ice*’' - >- •! * * • ^ ../ rS . «. .• «• •. ¥ •#^; .p ' : * • - v* ■.:i : *' \ ."-A* i* •; ■ • .*J- h I y. vt 1<V ■T s. iirfOTZS <v * newwc Itw AUCUST V. I'J’A »«a.r —•<». «•»£ SUuk**io“ 5I'«* t“ts‘;w.u? i; tuvr&ri j‘s;' jjir.rajr-u*5sws:rJ -in ipMia^Uc^u.. Hoad. :*otion. Ayes (3) - W* »,tiOT^.d. 26«*NS”r Intoaaare area. crsating an TMd wrouj.. th. ?TOp«t/. *miM. Ar»» (j) • »*r» («)• *uuor -o*«i, sro?M... S?n?. IniUjX fluula Uy tlie Council, lotion, Ayes kjj Hays (0). mnvmd. Welsh locondcd, to adont OMalutioii •i04, A Resolution Approvina% V«eitioii o* Pjrk *nrStroot. Motion, Ayes (3) - Mays (0). S?'*USS; . «.u miM-aii Rutler aeconded, tiiat txie ifiilaoTof Arono accept the Antoine P”P‘ ;Jty S a VlXlajo ;j4r?97ll “JaSJ Ind lTat \yof^3) • Mays (0). Paso 2 division ^ ^ ^26SS North Shore nrivo 2425 North Shore Drive RESOLUTION #504 Vacate Park Avenue ^ Adams Street reiioval of barn ANTOlilE PARK I Nr. Cross sppssrsd bsfors ths Council at th* ^ast Motinq and tha yyrosal of his final plat was tablod. Sines that tins* I havs consoltsd with ths Hsnnspin County Highway Dspsrtasnt rsgsrding thsir rogosst for sn additional 17* froa ths cantor lins of ths road for right-of-way porposss. Mr. Jio Taylor» of ths Hsnnspin County High­ way nsgirf int, statsd that ths rsason why ths additional 17* is Mosssary is that Stats standards rsquirs a esrtain slops in ths diteh and in ordor to asst thsss standards a 30* wids hardsurfacs 5®*d asods a 100* wids right-of-way. Farthor to ths sast> ths Council fL4 rogairo ths OiCon Subdivision to includs ths additional 17* fSOM ths osntsr lins of ths road in thsir plan and this subdivision ' within ths last fsw nonths. tagardiag ths subjset to a park fas for ths subdivision« I consultsd ths Asssssor. Nr. Walsh. Attachsd is a asno fresi Mr. Nalsh and it •tAtss that this propsrty has bssn taxsd as if it wars two paresis Of land, dines ths intsnt of ths ordinanes is to aaks nsw hoassitss pmf for any additional park land that thsir prsasnes will nscssaitats, it sssas that ths park dsdication could bs waived in this situation. Ths Council approval given in August of 1973 asked that ths propsrty hs ehscksd for any existing sassaisnt. This has bssn dons and there H® east west sassnants thrc'sh ths property for any road purposes UUI liEETniC BELD JUIIE 25, 1974 ____of Eh* 9l0t 41499, S.Ta •OK—, makmd 9m Immi I iirfiitu— • 449im --------HfM C4) - Mys CO). _____, to appcovo tho proporty, For»»l 5900, loeotod on tl:o Stnbbo Tho tot.tl coot __ _ _io $24,090.80. laotnetod to eenploto notion. «t 8i20 P.n. oooondod, to grant • to tho oncntorioo and approve the .^dlvioido Cor Hr. lollia Duna mt IMS HiMrteMi MM on ^ ■«*" •* tM »•■tvool of oaritln oyatao daaign. notion, STCS) - 9mfm CO). , Poona aaeondad, to grant a ' Poiaa, 2789 Phaaaaat Port, t 1) land draiaaga ahall _ ^ 2) garage ahall ba bovoo. «o C9) - Hoyo CO). at aasT C4) - Maaaaagala aaeondad, to deny tha Uoaahan property located Tha lot in quaation ■nolaii ataadarda aneh aa lot raaaata. Motion, Coaneilaan Ootlar Nay.Cl). _,, „.^idad, to approve tha wmm to the lot aisa for tha property by Albert Borlchaltar located at 1065 Lm Llaia. Hotloa# Ayaa C4) - Naya Cl). Cooncil- NOlah Hay. Panna aaeondad, to oppron the ‘ lomy for Joto Croaa, 2685 North oaiva tha park faa. Thia ^ to tha raviaw of tha City , Ayaa C5) - Naya (0).ia aabjaot 1P74, Ayaa (i) - ■wm, Batlar aaeondad, to approve na. MS ahieh axtanda tha aoratorim la Ordlaaaea Mo. 149, until saptanbar 30, by Council nct^ion# Ilo^on# (0>. I Page 2 purchase park land LaraoB Property 80BDXVX8X0N3565 natartoan head VAR2AMCB 2789 Phaaaaat Bead VARIANCE 2237 Shadywood Road VARXAlfCE 1066 Lena Liada • * RE6ZSTBRS0 LAND SORV* 2685 North Shore Dri iXttANCE no. 165 noratoriuo Bonestroo Rosene Anderllk & Associates CngInMn A Architects April S, 1991 City of Orono Box 66 Crystal Bay. MN SS323 .oiepr c ^oc3ef ’»« ^6 . j<yvet^ s>E t V'*e^ ^ T-'C* c \cve\ G or V Er^'^ C »•A j,0 6» A ^5 Dof^sia C SurQjfor »E A Sou^Jc^ ®E VA'« A 9C e 9A>^# 06 > .r'«c*a ’E -X' ^T?nc'’ C ®E r0 A oa‘/a • • ? M -'t «oo^ C ^uiset * • A ff »E \^ar% * iP.0 «>5 VIjnt C XBAi ’^c^ei • Anoe*TOr* a i a G^^aMToer »E 3 'E. o»^, *? 9mr^ C A A A«r>e< M e ",-; * r « G "f rr: c - \ r »DOe^ 9 :^TC ^£ Ga^ oc A r- ^4 ito M Pjuweskv Hjrjp M C sor _ ^Jto, Attn: Hr. John Gerhardson Ra:Puaphouse No. 3 Orono, Minnesota BRA File No. 13950 »0(?8 ISSI. Dear Mr. Gerhardson: ri 1^ Attached is Request for Paynent No. 6 for the Pumphouse No. 3 project. This pay request covers vork completed through March 31. 1991 Ve recommend the City accept this pay request and pay amount due. If you have any questions, please call. Yours very truly. BONESTROO. ROSENE. ANOERLIK & ASSOCIATES. INC. the Contractor the D%i^ J^‘«ac A ’ Daryl L. Kirschenman DLKtpahienc 139S0PR 233S VMst Hl0hsvay 36 • St. Paul. Minnesota 55tt3 • 612-636-4600 p.'t i I [■s REQUEST FOR PAYMENT I. DATE:Aorll 5. 1991 PLACE:Orono. Mir’.esota PROJECT:Pumphouse No. 3 PROJECT NO. CONTRACTOR: Aimaess: , FILE NO.:13950 Richmar Construction 7776 AldenVar_ _ _ _ _ _ _ _ _ _ _ Fridley. MN 55432 FOR PERIOD: Prnnii Fgb. 26. 1991 To: Mar. 31. 1991 SPECIFIED CONTRACT COMPLETION DATE: May 15. 91 - Sub _ Jun 15. 91 - Final IBQUEST FOR PAYMENT NO.: tOMNUlYi 1. OriRinal Contract Amount Chang* Ordtr - ADDITION Change Order - DEDUCTION Revieed Contract Amount Value Completed to Date Material on Hand Amount Earned Left Retainage 5 ,I Sub'Total 211.3AO.OO 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. $ $ 7.677.00 Lett Amount Paid Previously AMOUNT DUE THIS REQUEST FOR PAYMENT NO.: $ $ $ $ $ $ $ $ 219.017.00 190.340.30 0.00 190.340.30 9.317.03 iao.823.47 150.898.47 29.923.00 Recommended for Approval by: BONESTROO, ROSENE. ANDERLIK 4 ASSOCIATES. INC. OVMBR APPROVAL: »y_ _ _ _ _ _ By_ _ _ _ _ _ Datei Approved Bv: RICHMA R CON STRUCTION Contractor By: 139SOPR • ;V ... PLACEt Orono. Minnesota FILE NO. t 13950 COtlTKACTOIt: Rlchmar Construction DATE:Aerll 5. 1991 STATEMENT OF WORK Unit Est'd Quantity Amount Contract Item Unit Price Quantity To Date To Date IASS BID - PUMPHOUSE NO. 3 Mobilise & Bond L.S.$4,000.00 L S 1002 $4,000.00 Bite Piping L.S.9,500.00 L S lOOZ 9,500.00 Drain Manhole ( Piping L.S.2,500.00 L S lOOZ 2,500.00 Bite Grading (initial)L.S.2.500.00 L S SOZ 1,250.00 Bite Grading (finish)L.S.1.500.00 L S Drieevap L.S.5,500.00 L S Concrete ( Masonry L.S.33.890.00 L S 95Z 32,193.50 Door* Vlndov ( Hardware L.S.3,200.00 L S 90Z 2,880.00 Carpentry L.S.2,900.00 L S lOOZ 2,900.00 Boofing ( Sheet Metal L.S.6,500.00 L S 80Z 5,200.00 Boof Hatch L.S.1,400.00 L S lOOZ 1,400.00 Precast Roof Plank L.S.4,100.00 L S lOOZ 4,100.00 Lab Cabinets & Sink L.S.3,800.00 L S Painting L.S.4,300.00 L S 50Z 2,150.00 Bydro-Pneunatlc Tanks L.S.19,500.00 L S lOOZ 19,500.00 Air Conpreaaor Ass'y L.S.6,100.00 L S f lOOZ 6,100.00 Process Piping L.S.8,500.00 L S lOOZ 8,500.00 Mise. Plunbing S Air Piping L.S.4,800.00 L S 90Z 4,320.00 Pusqp ( Motor L.S.18,500.00 L S lOOZ 18,500.00 Unit Est'd Quantity /• nrunt Unit Price Quantity To Date ;o L.S.2.100.00 L S lOOZ 2,100.00 L.S.2.600.00 L S loot 2.600.00 L.S.7.000.00 L S 1002 7.000.00 L.S.7,250.00 L S 90Z 6,525.00 L.S.6.500.00 L S lOOZ 6,500.00 L.S.31.200.00 L S 90Z 28,080.00 L.S.6.800.00 L S 75Z 5,100.00 Acre 4,000.00 0.5 r f •• '•:s. Page 3 139S0PR m PROJECT: Pumphouse No. 3 PAYMENT NO.!6 PLACE: Orono. Minnesota FILE NO.:13930 CONTRACTOR: Richoar Construction DATE: Aoril 3. 1991 STATEMENT OF WORK Unit Est'd Quantity Amount Contract Item Unit Price Quantity To Date To Date PART B - COLD VEATHER CONDITIONS Beat and cover for masonry vork L.S.$2 .930.00 1 1 $2,930.00 Additional labor for cold weather vork L.S.650.00 1 1 630.00 Temporary heating and equip, protection L.S.500.00 1 1 300.00 TOTAL PART B - ADD $4,080.00 PART A $3,360.00 PART B 4,080.00 TOTAL CHANGE ORDER NO. 1 $7,440.00 CHANGE ORDER NO. 2 PART A > TIME EXTENSION L.S.$0.00 1 1 $0.00 PART B - SPARE BRICK L.S.265.00 1 PART C . ALT. CHEMICAL EQUIP.L.S.0.00 1 1 0.00 PART D • BRICK ADJUSTMENT L.S.-28.00 1 TOTAL CHANCE ORDER NO. 2 $0.00 TOTAL BASE BID VORK $182,900.30 TOTAL ALTERNATE BIO oo•oTOTAL CHANGE ORDER NO. 1 7.440.00 TOTAL CHANCE ORDER NO. 2 0.00 TOTAL VORK COMPLETED TO DATE $190,340.50 PROJECT PAYMENT STATUS cm I PIOJECTt mi iio.i COMTIACTOIli Orono, Minnesota Puaphouse No. 3 139S0 KlctuMr Construction MICIMAL COMTIACT AMOUNT $211,340.00 TOTAL CHANGE ORDERS $7,677.00 REVISED CONTRACT AMOUNT $219,017.00 ii£i 12-5.90 MO. 1 2 3 CHANGE ORDER DESCRIPTION Kaviflc motor starter; Provide heat & labor for vinter conditions Time ext., spare brick, alt. chemical equip., brick adjust. TOTAL CHANGE ORDERS - ADD i tCT PAYWEHT SUMMARY? E2a TOTAL PATMERT TO DATE UTAINAGB FOR PAYMENT NO TOTAL VALUE COMPLETED $160,823.47 9.517.03 $190,340.50 159S0PE li. AMOUNT $7,440.00 237.00 $7,677.00 PERIOD FROM 10 PAYMENT THIS VOUCHER value COMPLETED RETAINAGE 8.1.90 lP-31-90 $22,074.20 $3,043.00 $1,161.80 11.1-90 11-30-90 24,295.30 28.617.00 2.440.50 12-1-90 12-21-90 32,474.80 62.801.00 *.149.70 12-21.90 2-4.91 66.829.17 153.340.50 7,SV/.03 2-5-91 2-25-91 5.225.00 158.640.50 7.942.03 2-26-91 3-31-91 29.925.00 190,340.50 9.517.03 i :r ‘ '41591.1 TO: Mayor and City Council FKM: Mark E. Bernhardson, City Administrator DATK: April 15, 1991 SUBJECT: Planning Commission Appointments .00 K IP*fc- Attachment: A. Planning Commission Memo Dated 3/26/91 ISSUE • Selection of 2 individuals for the 3 year terms which ended March 31, 1991. INTRODUCTION - At the Council ’s March 25th and April 8th Council meetings they interviewed 5 of the 7 individuals who indicated interest in the position. Those 5 being: Jim Hanson Ed Cohen Howard McMillan III Charles Schroeder Peter Rennebohm ALTERNATIVES - 1. Select 2 individuals for the 3 year Planning Commission seats beginning 1 April 1991. 2. Table for further discussion. RECOMMENDATION “ It is recommended that Council appoint 2 indiv£Buals to the two 3 year terms. PROPOSED MOTION - Moved by _, Seconded by _, City Council appoints and __ to the 3 year term of Planning Commission effective ITApril 1991. Ayes __, Nays __. ^ ^ ^ ^ n It’-, ' If * p rfayor and City Council Mark S. Bernhardson, City Acr.inistrata I March 26, 1991 SUBJECT: Planning Commission Appointments Attachment: A. Planning Commission Interviews Memo Dated 3/18/91 ISSUE - 1. Interview candidates who were unable to attend the March 25, 1991 Council meeting. 2* Select two individuals for the three year terms, which ended March 31, 1991. 3. Determine any conceptual direction regarding future role of the Planning Commission. INTRODUCTION - At the Council's March 25, 1991 Council meeting Interviewed 3 of the 7 individuals interested in the position. At the meeting Council ta^ed further consideration to April 8th at which time at least\y|i#rHoward McMillan III and Ed Cohen could be available for an interview. ALTERNATIVES 1. Select 2 individuals for the three year Planning Commission seats beginning 1 April 1991. 2. Table for further dicussion. i. Give conceptual direction regarding the role of the Planning Comnisaion. 20 Council/Planning4. Table role discussion for the April Commission "Breakfast" at the Art center. RECOMMENDATION - It is recommended once the Council has had an opportunity to interview the others that they select 2 individuals for the three year term and in addition give staff general direction as to what changes and roles they would desire for the Planning Commission. It maybe appropraite that further discussion of Planning Commission roles be continued at the April 20th Council/Planning Commission breakfast at which Council could a«t further input from the Planning Commission. Given that the Planning Commission did not have a full group at their 3/18 they would like additional opportunity to discuss as a group what they would feel their role current]*' to be together with any changes that they feel appropriate. OOPROPOSED MOTION - Moved by , seconded by , City Council appoint and_ _to the three year term of Planning Commission effective 1 April 1991 and after giving any general direction regarding the role of the Planning Commission table further sir. / ' ■--V- r?' o o CITY of OR MufucifMi OfflM PMOfllc* Boxoi Cn sui Bav. MinneMiia 553Z3 v\ THIS SAME LETTER MAILED TO: April 1, 1991 Howard I. McMillan III David Rahn Janice Berg Edward Cohan 519 North Farndale Road Wayzata, MN 55391 Daar Mr* Cohan« Tha City Council has scheduled the April 8, 1991 mating to maat with Planning Commission applicants who were unable to a?t2I!d tha March 25th meating. Applicants will be sent a copy of tha Council agenda prior to the meeting. Interviews with applicants to ba at approximately 8:00 P.M. Please contact Jeanne Mabusth at the City offices (473- 7357) if you wish to withdraw your name from the list or applicants soaking appointment to the Planning Commission. Sincerely Jeanne A. Mabusth Building s Zoning Administrator cc: Mayor and City Council Mark E. Bernhardson, City Administrator % ■ TXL0MONX--(n>7357 • m H: TO*Mayor and City Council "1«\iCy I DATS* Mark E. Bernhardscn, City Adniinisrrato^, March 18f 1991 JBCTs Planning Commission Interviews Attachment:A. Planning Commission Interview Memo Dated 3/6/91 B. Letter to Applicants C. Strategic Development Issue Section - Council/ Planning Commission D. Ordinance No. 2.51 E. Survey of Cities (Received to Date) ISSUE 1. Interview applicants for Planning Commission position. Ed Cohen James Hanson Howard I. McMillan III Charles L. Schroeder Peter R. Rennebohm David W. Rahn Janice Berg 2. Determine who Council desires to appoint as individuals for three year term. 3. Present information regarding the current role of Planning Commission. mrnODUCTION - At the Council's March 11, 1991 Council meeting, they outlined the process for determining persons for appointment to two three year terms on the Planning Commission. DISCUSSION - Issues «1 and *2 - In addition to the individuals WHO nave replied in response to ad as outlined in Attachment A, Nr. Cohen and Mr. Hanson also have indicated their continued iatorest in the Planning Commission. Mr McMillan has had a 6 month commitment to be out of town on 3/25. He would be available for the 4/6 meeting. An you may recall Attachment B outlines the desired "constituencies” for potential representation on the Planning commission. Current Planning Commission members are as follows: Charles Kelley - Rural Maureen Bellows - At Large Sara Moos - Rural Jim Banson - At Large Edward Cohen - At Large Jeffrey Johnson - Urban Candace Rowlette - Rural B'fc:.. p- ' Planning Comnissicn March 18f 1991 Page 2 of 2 Ir.tsr'/iews Of the applicants for this year's terrt they represent as follows: Howard I. McMillan III, 1275 Lyman Avenue - Rural Charles L. Schroeder, 1925 West Farm Road - Rural Peter B. Rennebohra, 4565 Bayside Road - Rural lavid W. Rahn, 1134 Wildhurst Trail ~ Urban Lakeshore Janice Berg, 2655 Lydiard Avenue - Urban Lakeshore Attachment B was sent to all interested applicants as a basis for their interviews. lesoe #3 z. Bol« of Planning Commission - Attachment C outlines the varies options for use of the Planning Commission as an advisory body with Attachment D defining their current role. As you will note in Attachment B applicants have been asked to address their thoughts on the matter. Jeanne Mabusth has also requested the Planning Commission members address both their role as currently conceived plus any revised role they feel appropriate. These will be presented to Council on 3/25/91. Additionally at Mayor Peterson's request, staff is solicitating Planning Commission roles and responsibility descriptions frcmi 12 other cities representing a cross section of the Metro area. Should Council desire a revised structure it may have an influence on the appointments process. ALTBRMATIVES X. Interview the applicants. 2. Select appointees to the Planning Commission. 3. Table for further discussion. RBCOMMBNDATION - It is recommended that after Council interviews the applicants they table appointment until the April 8, 1991 Council meeting. PROPOSED MOTION - Moved by seconded by that the Council after having interviewed the applicants table further consideration until the April 8, 1991 Council meeting. Ayes , Kays If-. ^ z ^ Mayor and City Council :1 Mark E. Bernhardson, City Adsinistrat March 6, 1991 3D8JBCT: Planning Commission Applicants Attachment:A. Advisory Board - Expiration o£ Terms Dated 12/7/90 B. Guidelines for Selection Dated 7/23/90 C. Letters of Application 0. Draft Letter to Applicants ISSUE - 1. Present to Council letters of application received in response to ad placed in the paper on February 18, 1991. 2. Determine process for consideration. IMTEODOCTION - Attachment A outlined upcoming vacancies for Planning Com^ssion. Attachments C are in response to that ad. DISCUSSION * As outlined in Attachment 3 it would be appropriate to interview the new applicants plus any the Council would like to interview of existing members whose terms are up and are desiring to continue. It is anticipated that interviews would be held at the 3/25 meeting with a discussion either that evening or on 4/8. Mr. McMillan has advised that he will be unable to attend the Council meeting of 3/25. If Council agrees, we will reschedule his appearance before the Council at your 4/8 meeting. This would be in time for the 4/15 meeting of the Planning Conission. ALTERMATIVBS 1. Accept applicants i \ ^ 2. Table to interview. ‘ ^ 'A 3. Send letter outlining questions. 4. Take no action. »ggQ M mMD at ion - Xt is recommended that Council accept the new appilcations for Interview on 3/25 and direct a letter be sent outlining issues to be addressed by applicants. PB0P08SD MOTION - Moved by __, seconded by __, that Council interview the new applications on 3/2S and direct a letter be sent outlining issues to be addressed by applicants. Ayes_, Nape W'CCS Charles EelleyJeanne A. Mabustb, Building a Zoning Administrator > J i TOs Mayor and City Csunci- \ y \Mark B. Barnhardson, City Administratcnr Daeambcr 7, 1990 : Advisory Board - Expiration of Taras ‘i; Tb« following terns expire in the first 3 months of 1991: Park GooBiamion Richard Flint (Chair) Lee Erger James Gilbert Susan Wilson All but Mr. Brger have expressed inheres Commission members. 12/31/90 12/31/90 12/31/90 12/31/90 t in continuing as Park James Hanson Ed Cohen At Large At Large 03/31/91 03/31/91 February. Others expiring the end of 1991: Park Commission Alex Vongries Philip Bradley Lester Kelley LMCD JoEllen Hurr mast Hanmapin Human Services LaDean McWilliams 12/31/91 12/31/91 12/31/91 12/31/91 12/31/91 U';¥ CITY OF ORONO ADVISORY BOARD SZLZCTIOM PROCZSS GglDELISES TO STAFF ADOPTSD 7/23/90 Thtt following rnprasents an outline of a flexible appointaents Dcoeosa that the Council has adopted for guidelines to staff and applicants during the selection for vacancies of its various Boards. 1. When a vacancy occurs or when a tera is to expire advertisements will be placed in the City's legal newspaper together with other appropriate notification of the impending vacancies. Advertisements will not be required for appointaents of Chair and Vice Chair. 2. Notices will contain a closing data for accepting applications for purposes of administrative ease. The Council by a majority vote can direct further solicitation of people. 3. Applications should be in the fora of a letter expressing interest and a resume of experience, particularly experience that may be relevant to the position from individuals who are new to the process, ^•tters of intent will be requested from incumbents. 4. Council may hold interviews at one Council meeting- and may extend the interview period if it desires to a subsequent meeting unless a different process is indicated prior to such interviews. Failure or inability to attend an .nterview will not result in automatic disqualification. S. Following the interviews Council will then decide what appointaents they desire to make to the various vacancies. EL TOj The Meiobers of the Orono City Council 5 i$ax Dear Council Members: There are many reasons why I an keenly interested in joining the City of Orono Planning coanission. whether it is taxes, schools. Highway 12, LaJceshore/LMCD, sewer plant annexation or development, Z find these issues natter a lot to ne and ny family* Often, I ea^ch nysalf raact:ing critically to the information I read in the local papers yet wishing to know more of the facts and complexities of each evolving decision. ytiypyjaingly^ such knowledge comes only through active oarticipation<-*one must become involved in local government to earn the right to be a constructive and critical voice of the srocess. Many of the decisions that will impact orono's future ouality of life will be made in the next several years. Thus, I wish to embrace civic responsibility and become involved. While I cannot offer any prior public office experience to the orono City Council, what I will do is bring compassion and pragmatic concern for the issues that confront the lifestyle we all share. I learn the details and forthrightly contribute towards finding the proper solutions. My Qoal is to be a consensus builder, not a maverick. Many of the aforementioned issues hit close to our home here in the Orchard ffi«hiandM on Lyman Avenue. By participating in and understanding the decision making process, I will necessarily be more accepting of the choices made, without any doubt, I nope to err on the side of fiscal prudence and gradual, well-reasoned development, with a strong bias towards protecting the mral traditions of this community. On the personal side, my biography is a quick read. Shavers Lake in Deephaven and at age thirteen, moved with my fm«TTy into a home on Waytata Bay. I graduated from Blake School in 1976, and earned a degree in Ancient History from Brown Oniversity in 1981. SI nixt Six yiars merchandising grain in Iowa, Ohio and Missouri. My addresses ranged from rural towns to rger cities. The exposures to different communities were aat experiences, yet too short to put down roots in a meaningful way. rsu In 1987, Lili and I aada savaral najor decisions that centered around finding a mora peraanent lifestyle for our fledgling faaiXy. The quality of life we sought was in a community which valued its schools, wildlife and recreation: where privacy, hard worX and individualism were respected by friends and neighbors alike. After one year of searching we found that place in Orono, whose fiscal policies and credit-worthiness rank among the top three percent nationwide. With its history of well-considered growth and development Orono was cleetrly more attractive to us that its surrounding communities. How it is three years later, and more than ever we believe that Orono is a particularly unique place to live. I certainly want to go on record as a concerned and active resident. It would be both an honor and a very real commitment to serve this special community. In advance, I thank you for your consideration. ! Jicerely, Howard I. McMillan III 9/ HOWAKO I. MOnTJAW III 1275 Lyman Avenue Wayzata, Hinnesota 55391 612-476-8626 (H) 612-371-7713 (O) FRufCSSIOHAL EZPBRIEHCE: 1988 - PRESENT: 1986 - 1987: 1984 - 1986: DAIN BOSWORTH, INCORPORATED INSTITUTIONAL SALES - Minneapolis, Minnesota Fully registered securities broker specializing in high quality ix^d income products: corporate, miinicipal, government and mortgage- backed bonds. Customers include banks, insurance companies, t^st departments and money managers located in Ohio, Illinois, Iowa and Minnesota. Series 7, 63 and 3 licensed. CARGILL, INCORPORATED REGIONAL MERCHANT - Kansas City, Missouri Achieved budgeted profit of $1.7 million merchandising oilseeds in adverse market conditions. Directed profitable cash trading oositions in three distinct markets: Kansas City terminal; Mexican rail export; Texas gul.. export. DevJ<loped soybean program at Topeka facility earning above average margins of 15 cents per bushel. Responsibilities included: regional oilseed P&L; government commodity progrMS (domestic) ; supply and demand analysis; freight logistics, space allocation and put-through budgeting; managing ..formation flow; contract compliance; merchant development, ASSISTANT REGIONAL MERCHANT - Toledo, Ohio Dual responsibilities: traded high-capac3‘. r unj*’ traina of com, wheat, soybeans; co-rrui- nated thei ' movemenr 'rom country eiev;.ror origins ti- ough thi . Atlantic seaboard e^gjort facilities. Logistically managed a fleet of 1800 leased hooper c--rs with a cnamulative trading volur » exceeding 120 million bushels. Successively reduced demurrage losses by 50% per year; ex- •cutftd VMS#' ilss to ovsrssas buysrs; nagot?.- .i ad contract i*tes with railroad companies; tripled the region's direct purchase volume. [ f. kI feet ?• V I?' f.' 1981 - 1984: OnOH: BMOGROraiD P fe. BRANCH OFFICE MERCHANT - MANAGEMENT TRAINEE Trained throughout "cxworJc of U.S. offices and grain handling facilities. Experienced in domestic grain trading; dolive^ market funda­ mentals; futures trading; hedging; producer origination; government agricultxiral policies and programs; grain quality, storage and hand­ ling. Completed management seminars in decision analysirt and marketing skills. BRONN UNIVERSITY - Providence, Rhode Island A.B. with Honors in Classics. June, 1981. Thesis: "The Pantheon: The Culmination of a Tradition of Revolutionary Architecture”. BORN: 3 March 1958. Minneapolis, Minnesota. Married, two children. Graduated: Blake School 1976. Traasiirer: Brown Cluh of Minnesota. Interests: contemporary history; golf; squash; skiing; ice hockey. I • • t I r'larcM, 199;MAR .4 isai t':- L*":- > Orono Council Post Office Box 66 _ Crystal Bay, Minnesota 35223 Dear Counci 1 Members: I am writing to submit my name for consideration lOr a position on the Orono Planning Commission. My goal in joining tne Commission is to work with the other members to act in tne best interests of Orono 4"d its foture development, as expressed by the Comorehens ye Plan. Orono currently faces a numoer of development challenges and it is my strong desire to be actively involved i'^/esolving these Issues. I am ready to commit my time and efforts on behalf of the community with the Commission. Mv wife and I decided to relocate our family back to Minnesota (I was born and raised in Marshall) two moving here from London, England. We chose Orono deliberatwly and carefully for its unigue, rural characteristics. I am committed to working to preserve those qualities. From Salomon Brothers in London, I joined the Churchill Com­ panies. a Minneapolis investment group, where I serve as a senior executive in our subordinated debt rund, Churcnill Capital. The fund makes subordinated debt capital available nationwide to manufacturing and service concerns or a . variety of transactions, including recapitalizations, growth and buy“Outs. Please refer to the attached resume or previous professional experien"® In addition, through high school and college I worked with my father, an independent contractor, and have-first-hand knowledge of zoning and building issues which are relevant to the Commission's work. 1 ;; T innk forward to tris C-unc^i ds d rns^C0r w. m PUnnInrCoLission. If I can rn?orm«ion%r answer any “ home at 476-6492 or at my office at 6/3-6o29. Thank you for your consideration Very truly yours, Charles L. Schroeder 1925 West Farm Road Long Lake, Minnesota 55356 I t(y Woric STimt 1M2-1M7 1M1 • 1M2 1M1 1tT7«1fltO Juiiriiti CHARLES L SCHROEDER 30 Niton StTMt London. Engfard SW6 6NJ 01-381-0844 SALOMON BROTHERS INC LONDON, UK cjSSpioduct nng* indud- turn ttoaUan md «»jityjx*^ psnlcfanrf.CFTC rogisMid. CIT1MHIC.HJL NEWYO«C.Mr Sonior Account Ofllcor. Worid Corporation Group - Shipping. Mviaged products. Actsd as Oapartmem liaison with US Qovammant madtima cradtt. haddng ^tamatlvaa. corporaia aovwory an« preducts. Actad as Oapartmem liaison with US Qovammem maritime authorities, iwouni alia ranged upward to over $1 billion in revenues. POLAROID CORPORATION CAMBRIDGE MA Consultam. Worldwide Trade and Investmem Division. Devetopad Intarnado^ which considerad the effects of trans^ exchange exposure, sourdng options, and tariff and trade laws on Polaroid operations. US DEPARTMENT OP TRANSPORTATION WASHINGTON, 0.a Financial Advisor. Prepared recommendatlw on ™* ” ^ shipping oompaniaa. Funding requests ranged upward to $t20 maion. MEDFORD. MAFLETCHER SCHOOL OF LAW AND DIPLOMACY Master of Arts in Law and Olptomacy. Primary fields of sti^ Firavica, Iniematlorwi Trade and Investmem. and imemational Business. (Diploma recafvad 8/87) CAMBRIDGE MAharvard graduate SCHOOL OF BUSINESS ADMINISTRATION n.mM mMirnax anoueh U>» FWdw School. Caunww* IncW Jn^^ M«Mgi»MioilL«doial BualntM Ma»g«n<«i«. ind PORTLAND. ORREED COLLEGE Bachelor of Arts. i ^y^lfreao^hlp «ISS eomrr Enjoy cruising atvl competitive salln^ skiing, tennis arxl bicycling. Have travelled extaneively. Working knowiedga of SpanNh. Ifennebdimcompam^ :6t “ Avero9 Nc"' v<cc 9 ;5fcv«. viinnescTo Orono City Council Box 66 Cryatnl Bay, HN 55323 P£3 1 4 18S1 2-13-91 Ba: Application for Planning Commission Post I To Whom it Hay Concern, Pl«ajie accept this letter as ay formal application for consideration as a ■amber of the City of Orono Planning Coomission. Aa a long time resident of Orono, I feel I can brxng perhaps a new perspective to the Planning Commission. Not being too certain of the level of experience you look for in such a position, I can only present myself as a concerned citizen with the following qualifications: .. Seiall business owner of Sales firm selling construction related products to the Contractor/Industrial/Utility markets. Business address: The Rennebohm Company, 9741 86th Ave. N, Maple Grove. Currently own office/warehouse at this address. Owner of business since 1972. .. Education: Brack School 1959-1962. University of Hinnesota-Duluth, Graduate with a B.A. in English. Honors Study, Dean's List, Post Graduate Assoc. Married, Sharon Rennebohm, wife. Emily (age 26), Jennifer (age 22). Both graduates of Orono High School. Ejily a graduate of the University of Minnesota with a B.A. in English. Jennifer a graduate of the Minneapolis College of Arc A Design. Religious Affiliation: Trinity Lutheran Church, Long Lake. Residence History: 135 Gygnet Place, Long Lake. Built house in 1972. County Road 90, Independence. Built bouse in 1975. 1520 Tanglewood Road, Long Lake. Built house in 1979. 4565 Bayside Road, Orono (current). Built house In 199^. Fraternal Membership: none. Professional Organizations: Agents National Association, Political Party: Republican. Miscellaneous Memberships: Ducks Unlimited, Isaac Walton League, Minnesota Horticultural Society, Minnesota Nurseryman's Association. Social Membership: Wayzata Country Club, 1972-1991. Age: 47. Children: North Central Electrical League, Manufacturer's Plumbing Heating Cooling Club. ■ — Recreational Activities: Tennis, Hunting, Skiing, Golf. .. Avocation: Tree Faraer currently planting nursery stock for non-commercial uaa on 10 acres at Bayside Read address. —Physical Health: Good to Excellent. .. Cslainal Record: Clean except for miscellaneous traffic violations. — Legal Judgements/ Bank notices: none. .. Qualifications for Position: a successful businessman uho has raised 2 children in the Orono School System, built houses in 20 years in Orono, hsff experienced firsthand pitfalls and problems in dealing with the Planning Consiission and City Council, and can bring a mature, experienced, sober perspective to the City of Orono. It would be my wish to learn firsthand the workings of the Planning Commission as it relates to the council, staff and aost inportantly, the citizens it serves. My strongest suit is as a good listener, who will weigh all points of an issue, research subject natter in depth, prior to rendering an opinion or voce on an Issue. In conclusion, as will be apparent from the i,''ove-mentioned, I have had neither the tine or energy in the past to volunteer for community service. Now that our children are grown up, and my business is established in its own right, I have not only the time and energy to devote, but a sincere desire to help facilitate sound, intelligent growth through the governmental system within the City of Orono. 1 am available for interviews at your earliest convenience. |.'i Respectfully, Peter H. Rennebohm 4563 Bayside Road Orono, MIf 55339 472-7369 i Fsbruary 12, 1991 Mark Bamhardson Oroao Couaell fO Bex 66 Crystal Bay, MH.55323 Daar Mark, ascapt this 1 attar along with my rasuma as intant to sarva oa tha planning coimission. I faal my exparianea in daaling with tha public, along with my axparianca in tha construction fiald would ba an assat to this comnunity. foal fraa to call ma at any tima if you hava any guastions regarding my qualifications. Day phona numbar 933-1046 or Ivaning phona numbar 472-5795. Kagards — David M. Rahn I' : t m ■ David W. Rahn na-iV/iWhurst Trail Crcr.c. Minnesota 55364 Fhcne: 472-5795 Work Expiiri«nc« Dovo Bohn Dock ft Dosign Orono, Minnesota May 1980 - Present ^ Design onct buOd unlQue dec^s - screen, 3 end 4 season pcrct'ies, addtions and new homes. Knox Lumber Co. • Hopkins Minnesota May 1989 to date Commercial Seles Coordinator ' ^■Provide technicol advice to ovw 3,0C^ commercici credit constnjdtton contractors. April 1982 - Present n, —■*» '-■ ;v-TokeK>ff residential and commercial blueprints. ^ Price aU materials pertaining to take-offs - trusses, micro-iam becnris, etc. ^ Mointoin accurate 'Job in Progress' files. ^ ResDond to customer inquiries promptly and professionally. •d'.vare,MSfuary 1988 to May -1989 Inventory Coordinator ^ Accurately received all incoming building mctericis and hi ^ Processed paper work in a timely and accurate manner. 4^ Adjusted and tracked Inventory discrepancies. April 1982 to February 1988 Construction Consultant ^ Provided complete and accurate material lists for customers projects. ^ Answirered all questions pertaining to these projects in a professional manner. ^ Wtote up deliveries and coordinated time with trucking and customer. ^ Taught JOtox customer education seminars; including designirig end building decks, house buOding, insulation/ventilation and other home improvement courses. Taught over 1,200 adults. In these seminars. Skills Orgonized and Efficient Excetent People SkiOs Expert In computer aided drafting and home design software Traki^ In Computer Aided Blueprint Take-off Systems - Texonics c: ExceSent Blueprint Reading Skills Excelent obOHes in home building end on-site problem solving Up to date knowledge of current building techniques and materials s end Ml.xdc.'f Edueedion Hennepin Technical Center, Brooklyn Park, Minnesota Carpentry Course Wetlonka High School, Mound, Minnesota » * Achievements ' CeillM Class I BuOdtng Official («MN-399) July 1978 - April 1980 Graduated 1977 'cr. t'f1- PI to. k' B'F •*!*1** .• 2. • r r * '» jB*tatr iit^^iuMpanta IISSIOCI «F MMMlSimiUM** I 1 A ______f CERIIFlCftTltf M hH\ ___rici . . To;DavM Ratal llM UflRtairst Ira Oraiio.'lllMwsoU M3M * • * ■’ ' , • m w '■> : vi v v • ‘»N ' ;'. ;•* IfMflllt <s-eoio«ai &tatr of Iftliinroottt COmiSSIORER or moirisirmior HAS^SJUBD C£RfScRTi<f.ASA •wiDir -------- • • To:OavH Ratal, Certificate Itrttmi Mil 1/24/90 'm-1399 ■ ti;:* J. J:'.'*; 1/24/93 lltltAllti tAII If ■i>‘ a 2'i;.i: :•;; j i •!: • t ‘V SkdaiM f1? -1 M - • uk; *1 \ ?J ^• -• •• - i.r I :♦ * • 1 .» ' ^ .* .• • • •;; • • • *s t »$'% I ■ •»*. ! <y af' ,v countyVocati^^ JOINT INDEPENDENT SCHOOL DISTRICT #287 • 1 •■( » • • I This certifies has the competencies evaluated on ti.a reverse side (or tfie program CARPENTRY W r' A-vLvr I • f and Is therefore entitled to receive this Recognition given this __?®^_dayof March .19 JO t • % « i U , I • r Mp V'- ?;V If-- r' A H' COURTLAI^ financial servicss. inc. February 19?^ If 1 ••'■■nrt 1 laai Orono Coiincil p. 0. Box 66 Crystal Bay» Mn 53323 Dear Council Members: Please consider =:.* came for one of che Orono Planning Comnission vacancies. I believe «v background would orovide a good match with the n!^ cl.i..ton. along oith oho onp.ri.nce of working within a city planning deoartaent. I am very interested in land use and making sure we keep a quaility of good planning within the Cit* of Orono. I look foward to hearing from you. Since .7 Janice Berg iV^ \QJ7 twelve oaks centet IS500 wayzata boulevaid, wayzata* mn. 55391 ^611)-»7«-24t3 fax: W2M76-41® «it i imfifci r: ■¥ :i5. w' ' ■ *■ *r ii'h'' PLAiniING COMMISSION R0L2S XSD SESPONSIBILiriZS ISSU2 i Whdw rols dess Ccuncil dssirs r—snr4»r4c s«w 444444Aao«wn A*) Status Quo — Rsnain as the advisory board to Cour.cil a.) c.) Altarsd role in the following areas - Comprehensive Plans and Amendments - Zoning Ordinance and Amendments > Subdivisions - Variances - Conditional Use Permits - Official Map .« Aopeals of Zoning Administrator Decisions Role in other areas apart form strictly land use - Transportation Planning - Lake Use (Mari.nas as a subset) - Facilities _ Organisational Planning and Development - Economic Development (EDA) - Housing and Rehabilitation (HRA) • Capital Budget Review 2, what structure should they undertake to conduct such A.) i V- r- ■'’ 5% ■ : o’-S', B.) r»* ’ i*' • : kW kk ;■ f C.) ^ • p: 0.) 'k ■ Status Ouo - Planning Commission as advisory in land use areas and in areas specifically requested to participate (Facilities, Highway 12, Lake Use.) Grant Planning Commission more authority to decide in certain areas. Create a separate Board of Adjustment and Appeals to variances and appeals of Zoning Administrator decisions. - New Board members • Composed of members from Planning Commission Utilize other Boards or Task Forces to which Planning Commission members are appointed. (May still require full Planning Coamission/Council formal action.) Zoning amendments COnq>rehensive plan amendments/updates Lake use Highway 12 facilities PubXic/Private Roads Storm Water Management - Storm Water Co^ Plan - storm water Improvement - Wetlands - Hardcover Navarre Redevelopment wV-i * _ 4^* __‘--.J ___» • ^ • A____ g!T!^yT STATJS -h- iasu- of alterinc roles was initially raised in 1933. ia5..que« responses iron ? va*** set'initially on 6/12 then delayed to 7/11. The reason not addressed at that thi.te is not dccu=ented. The issue was revived again for the 2/6/39 Joint Meeting. The apparent reaction^ot ?lanning Commission was a sense of having tneir ro.a reduced which was not the intent. The issue or amenoment or roles was dropped and was not an agenda item at the next joint meeting he«- in May, 1969. Aaolicable Documents ;;5'v. S' -V-; ■ km :.S ■ r.t '.:t t. ^ • K- i • ■■ -* I'.' ■ r -tS^w'v i A. Ootions Segariing -and Use Ssvlsions 3arsd 4/1/33 B. Council Minutes Excerpt 4/11/38 C. Memo to Planning Commission 5/11/38 D. Planning Commission Responsibilities Dated ^3^/89 E. Planning Commission/City Council Joint Meeting Agenda 2/6/89F. Joint Council/Planning Commission of February 6, 1989 Memo Dated 2/14/89 G* Planning Commission/Council Joint Meeting Memo Dated 4/5/89H. Planning Commission/Council Joint Meeting Agenda Dated 4/LX/89 I. Council Minutes Excerpt Dated y:4/89 ^ e,A/qQ J. Joint Council/Planning Commission Meeting Agenda -/4/89 K. Joint Council/Planning Commission Meeting Minutes 11/8/89 Excerpts from Facilities Book: ^ 1. ) Site Analysis Section pg 2-3 2. ) Original Evaluation Criteria Section pg 1-10 3. ) Tours Section ?g 1 -Sift:.V .r .ri'-: .>*■ , r JOINT MEETING 2rt--3/-CriuJ 1988 Planning Conaiasicn ra=s wars to attend to discuss with council originally S/13 but postponed to -/u=. «t 7/11/88 it was again postponed. 1989 02/06/89 05/04/89 - Planning Connnission Role/Marinas • Marina Licensing Status Report on: 06/29/89 11/08/89 County Road lly Future Highway 12 Utilities - Highway 12 Facilities Navarre Re-Development Other Status Report of LMCD Special Committees - Facilities Tour - Council/Planning Commission - Facilities Discussion 1990 04/07/90 - Facilities Invited to: 08/23/90 10/22/90 12/01/90 - Facilities Workshop - Facilities Discussion - Regular council Mtg - Highway 12 Workshop 1991 Invited 01/23/91 to: Highway 12 workshop 'mmm I • • r AW* aHC ---• Mar:< 3arr.hari scn iFROM: OATS: SUBJECT: Cc-ions Secarcir.s '.i . '^y •-it* nsr.- -r ----- land Use Reviaws i_ • a nu«-‘' ’ne Hecarding Land Usa Csntrois Attaciinent: A. Ou.—ne -te. ISSUE - ?r«se^-"3ticn o. - ^Tlfssira to ur.certa.<e as and tr.a oeans by .....................•-- wavs that t.ta City • - - _ _ _ _ _ _= land usa ccr.-rols, w**^ -- - - - - • i;iTBCDUCT:C?I - "^%tcLt 'asoel\ Us'oini^cY?al'‘7ov‘'a1:V^^^^ c«9C«sent a s^gnif - ^he City Council *s the finalc«?cesant a “the cTtv Council is the final psia«n"-y under ^ss'^es* with the ?lannir.c Cotinission authority on for subdivisions, variances, acting as an *'oninc and coraor ehens i ve p.an conditional use^pern^^^^ CLzv^f aRandsiants. (An addiw-ona-^ Futura, is that or the or-ic-a- not used -3 date, but craditional land use SS^pl'n?** pVo=«“:> ^has*llVo'Tn»o°l ved “enVer s 'oi°"tVe P lann in? conCdOlSf ^*** .^* n? its Ktarir.a licsnsinc tccec..*con'trols. tccstd.r -i-.S elnM»pVa°t"ion to use t;.^ in analysis dot tr.e £a=-.ty study. W m aw — , ^u, st-ataqic aoal setting ist 1988 PISKSSIOM - M ehl utiUtaeion of its planning (iity council alternatives to its current lano Commission to see not cecuiced to undertakeuse control Process, while^not^c-^.^ either assume total planning activities administrative SSSliS^a Planning Commission. ac-uaiirhVve selTc/eVpowers _ a_______«.H*r act as a Boat' the d.lV>»d to It by \V-a'sTB“.rdot-'ldju.a.nts iB.pp..l»e«ss?t;rs? pJ*E%dtir ‘« mmo* Taw ow»a.'- - —-------i L If a seoatate Board is council or V rev ie^s^^^ or conditional use etaatbd, «*>• ®"5^.f*Te« ce offieU «ap an.ndia.nts. ?»•»• Kw bV'dow'by th. Couneil/PlaBBing Ccsmission. • _ 1 Vaeious cities take io^ ®Pg^®^^®® 1 “tae^^functionscltlA otlli*. a Planning ^ orono. some «• an advisory *’ -,??? decision aut.hocity and/or tln«* communities au*thoei^ Cos variances to a P^***“^^ decision pending W®®> ®“^^^^s. In seme communities Commistlon/Boerd of*®2iJ2i vis ions , conditional use P?J® r t".e scari zi Zcnir.c r^--=- - - or scr.e sec oificia- -a? -••- of a sa- c. ------ k'o9» is cctnccss— ,”*'’**•'1,— i-~—••33^on» iinbers of M Planning C------------------ ^ ^ ^ SliaL'sion .C-.3 as levei =i ===rddna--.cn and ...» iil-i S? le!;;a-.ad .. C=un=U.wiunt o£ authority - . —,la„„i-5 ccamiasion in tiia IB adii'i?" «v"a1ri«^^^ as matin..s and £ac-.li-ies- eipacity for ap ____., ..-natives that thecapacity to* *?•=-"......... ..........alternatives -.hat the glill^tah.'u re\Vti=h:ship- to thU: • j si*"Scion and asc.-s1, Review v.ne s*- — rec3in cne status ouo^ ^ ■rm’-'o Asoeals anc 2 Develo? a sacarata 3°^^- .“ Adiustaencs to ta oi ap.p.ir.o Coimaission ^ a!iaiected naniers or than Planning i: Members ccmocsed of ?eoo.. Coaoission memcers Alter the site o£ the Planni.-.P Co»=ission ____^ 1 ^. -■cn o« -e council towers to Plant. . 4. Bsl*?*-'®"./* "aiard o£ Sonin? Appeals Conaission ano/ot soaru 5 otilization of a Task Force rucra^VasrFo?re*^louId ^ ^ifgarVinV -rVoning •“'’“iSeB^"^hVnVe^“^^ tV. ” Coo-i.sron and to„lti»ately to t.ne ,,BBibl. ----------------------------------- - iltatna^ives: 1. table discussion . „ .3 the planning '""itoeide direction l<>%Y‘i peoeess •aiaannaf ■ “ “ '“titlji " .•,"i.“fl;“lS:; Latk^L. f: OF WB aeOOIAR 0R0»0 COtWCIL ME2T1SG 3ELD A2H:1 1-. 1938 MliWBgeilKA M»Z T3Vtt_ _ Sarr.r.ardsor. *x?iair. Cl-/ . 'T?r shad'/vccc Hoa regarding rbe laxe Isvsi :r=a —e acF--P- Ms? P'rkelsrein was present ror this mat ?r«V,”T.n.rall7. iaformarion recarsing iiie -axe i-/e-. m m.m ^ Counci Xindiioo^ ?55Si«in1 ”“tS,report bac. to Phe Council rapar.in, his findings. Motion, Ayes 4, Nays 18 RBGaRDUiS LADD OSE aer —hardson presented the issue or» «««“ City Adainaapranracor c^.y „,y desire p= Couocilmeinber \x' stTnc° Planningwas necessary because or t.he e^x-s--^^^ ^ CoiB«ia*io“» but \ ly with zoning amendments ^riarlTa rp.«tioS!"w;icViLld take the burden off the Planning Commission's long agendas. 5tlMinTco™i«ion ®aBd”‘'lo«r orippe^lt wo“d be focuaed upon difierenP type* at agendas. It was Boved by ^°”5?s is's<ro*Po*’^Pha””pIanning to: “eir reoonmendaPion. MoPion, Aye. 4- Nays 0. >»lie. Chief Kilbo Shaped he hopes to submit the 1997 ;»i.ti“ 1 daS at council's next meetang. It was moved by ac*Mpt' the* inf ormetion Grabekp that the Council a J operations for reeardlng the police departmen ,»rtn4''wae^s for the 1987 together with Minnetonka Beach Cities o£ Spring Park# ^.■mnwities 1988 payments#to be used in reducing those communities i»» P / Motion, Ayes 4, Nays 0. c■31 Ccnstisa-cn ‘ ?'"ZZ -'Arn—c Ccirjnis3-sn Memcs-^ o r c no --f ' 2- Bernhards on , au^i-^«ic & Zoning Acminisdranor Jeanne A. Mafausnrw 3u-------- ,.-c, ..e =i-v .d..i.-.is-„-a«.- f=r discusaU. ?;..”«rr.'c‘n^n^on- Lr-; •.■■ te.-’fe'c"-' wsi 1 t ! ; I < i .i :i TO: FBC Mavcr anc Cizy Mari< Sernaardson, City Acnin-acra.o-.../ r' ;v DATS: January 3*/ 19B5 SOBJSCT: Planning Commissitn Pasccnsi=i-iti2s Attachnents: A. Options Rsga.--n,- 4/1/98 TS3UE - Council* share their views on ■ * • 1% -c relationshics wit a >. -I I- anr ’”i . I®83» meeting Counci- TmaonOCTIQH - attaciiaar.: was transsiitad to the r»»l*’Ad AwSac-aen. A. VJj —.aad at itair aeeti.-.g ta-d on .lay Blanning Commission c"ai- ’.-.i Visa Ctair indicated 16, 1988.. At ua« Council as to thairthuir dusir* to discuss -*-s issue^ Q 0 ^ 9 * s* • vl«%«paint3 on the matter.W --------------- atacsssioa - .m “ cv ‘a.?“and"*iS‘^cVair* ln° csi^ionsiii? St eirnTTanning "oortur.ity to discuss these to this Item* I <2.^d * --i* ^utnani. In the course or concepts with may he a possibility to our discussion he indicate * mmmiss' on to perform the two utilise the existing ?-anni 3 aianninc together with Board diffimting '“>?tions of longae tang 1 undertaken by of Aps««l* ty Vi^l/l|ngV.ra%l»"ni"9' ---------- ,P«y/!SyyH,V,V«ork be don. in one ,------.--------• Jwfc «*iry'-——- mla longterm uis««u4»'s/ subdivision an meetings# The idea done in one meeting and i.hat toning /ff "‘^?*\'eld at a second meeting to considerthe Board of Appeals J*® and aooeals of Zoning condi.elonal fi/ separate BoaVds were created SSldliioS^rSam "/iJiVJid iadVr Ih^'currint sch^dill *~n"tb?“J;2 p‘-'?Tot"SS:r “^ SSeS“pact from May tStougb September. tho other ««99«»«if “ Tamie force. The Task the anticipated o“ subdivision chapter, to be reviewed by the our sent ordinance and was to work on zoning ordinances * “orl .Wt?-c*> 5; “fl/r”!' ng and •4: «rk%VoSuet d.«rop.d'l.uld sail! «..d Co«.i.aion and Council, under the according to State lawr r*viaw 311 r.ajor clanninc issues ind zoning ctmsncnisnw3 3T.?ga^iATrv5S - 1, Di3suss altar^iati'^es a 32xd • 9t :ci -n—^«-ic of Planning Connission A. Oivide function/role of Planning Couiniasion - separata meeting a mc.ith. 1 - Board of Appeals - raaoaiap, variances ^ Vi. 3 2. on f V3C2C^0nSr2 . Planning Canosarion If'or'dlnancis planning tooic^f a.«e. 3LX L^nc us©B. Planning Concnission cont..^^^ aoplications a-*-on’no and suacivisionciview/maiantenance/amendment o. -on...- chapters. i.Table for Curtiier consideration.ijiis: -'IS s.rii?ss.rAi;.s,';;i.-/,/S“ ='• «aU neCOMMESDAT^ - It U. teco”®!"!!!.;"*',s3S;;;.%= ■endaient work of the zoning chapt-r. fy-‘ ect Mayor and Counciliaembers Planning Commission Menoers |.- if h -. ^ ^ i'. •- W -5: |j: niV.' ■•-: i'l ^ V’? •• * '■•i • W' h ?f// 5'• .! ^ 0? oaoso JCI3T H2STI3G >: cirr cctracii ASD pLAzraxr*[ssica i; Ft 7sti^ tlonda?, ?«i>s3»t7 “®® Cit7 CauBcii C2xattcers w C8oncil/?l»n»i=S ?.*!*» “••= (HttBO •BClOl«d) cr.sibiliti3S £mm A ttBCl (usiss lic«nai3S (»«“« --* ‘ St aaoarats cover) ■ ■ A.) Planaias Conaisaion aolea/aeaooaa Dated 1/31/8? isiiiaifis Hsso T ie*naia^ H«»o Datsc V27/39 g.) LiC«ns*39 »■** '■ OcpartaBBt B«ads \ ! *T' • • • 3s BB31: IS: Mayer aar!< A -A ^ ^ ^3LHC ^--f C* ^ t*** ^ — 2. 36 ^ i -^TT'-•\. \ i \ rr\-'V_j^iirdseri/ Ciry Ace—.*— « • *• a 25 Qfabreary -■•» —®- r: Joist Cotr.eil/3itr.r.i=?------—=- . ^ 2/-.7/3^Mehawit! h. Ilanniag Camisai-a .l-t.................. •__n- 198! ;i|c^Aiia»4a w • ----- tht Joint C3uncil/?l»i»^iJ»S,5'^”‘'SILJ«r‘oV*u/:a°s thsn'wers JS'as esaaissiea aaaaoss ^V*- 5u==tr-/ oi -r.zii esaeata to •• —".“trtl ;aVo«" -a: r i ana iaiotaatioa P«J--f*?„-.'.AVf Caacttissian. -^ese —— r T a •* ia/**^ A r •annir.g a. COBjlacaaaM oi initrnatic^^^ ^eroaoa) b. laval of iarar-a—.. c. Racommandationa i. laitiii <:='““;f*r"".?r,7^reh9'taiit3 m lifarsatisn sneers ou—n—-j<s *• •J*^*'^* . anon on—- '•<»g — —*f. aecaiv::a9 tne - - -a—oj* advance. usccnir.c arplicat^ W44 ^ ree days in thmam Issues *»V%nd*c3Mencing tlrr^tbis*Vlaaning RStSsc wttn * *lcatcii ofi that nesting. In addition ^itting commission two -C* bui:< of tine information staff will cont-aue to Jy d«iiTery on Wednesday -^n ihe Planning Commission mem- - Y review by tie start “'olio. Ki“ • - -............... U%f pt. “t«“ »diilyS biolis. mlieaelons ia tb. l«i «.t^5it iSm. ».r. it«»« taat .alK of infoemation. thm^Tolic^z desired during delayed aa a attempted to accommodate .n areview process and which star- ac.®»g Banner ^ — The Planning “related to this iaeloding: a- Otslite of the process ii Piecemeal report •‘ J5;imt?2r-.S‘oSiv^*. i-a -«oi..d i» j f A • ssasiaasica « ^vr-'I^sriar'iVr wr.i5h ni altsrr.ats allowes 13 f = r r. = r.-r ssids3sia 1p-aviS2.0ai i3 27a------ ^a^alooment. , - --a/4 m*v ha.79 besR soa® issuss rsiitsd to w«r» 303 s?«=---=»r*-..“ beir. alladad ts b?CoBsisaiOB aanbara, bi. -a/ ------ tbea.) «.«/»/-•*/* a ditfarant Jlanni Si® Hi5-way 12 orocasa was co- rw^ttamotad to cat iatout Sr janaission and ^ ^^-c*sa to be undertaken inciudi as, s«.5l. “ “ .---d! 03« tb, iaibial verb oi tba •At ««7 ‘•S* d^t*- doeusaiis ’■'as aetuail? prisatad by ssa;- Itudy JrA»H!:V-,%«-^-auion to the ?Lannia*ig Conaisa-on. •a by area as to what tnay w«i«« wia .. . . . . . . . . . b,s« l» »o cooaentt egardias s=« |“*ji'-j9C3ri/o‘;iVn”oi staid. •vi,w 13 any o£ tSe “jf“V (.ijiasioa t90snae.-.dations tosatthar...aw in *“y -Vc^niasioa taosnaaadations tosattaai M eaalaw oi was subnittad so tba aatroLth thoaa oi tba Council and wnatociginal Plannin? luneil indicata tJaia'change antailad tha northaas. mission low/0 id Crystal 3ay and *F*« ?! .“? A”5a^''^ad*iixf The- Jlaaaiag =oa»ission had a tSWO i a ■ lamnantrad the facoasiendations given by 6h that one to those eventually approved aiiaiag Comsission were bv the City. It Hatso Couaeil coUtmhmasi”* plan nab.sed that to mat tha caijuicaaanta oi t-a Lv.‘SirH.^^ .ss: ut7.‘sr»ru“S learned . XIZ. glannin lannxag ------- aolas and aasoonslhlli^ __ Sanisaion spoaaspasson lailiuacad two spec. o£ eoneern:^cld r - a * * fcr •a, :ic -- a—- --- - • —V Ja * “• fc"* casa 0- variai^css*b. !Io aucicrif/ tc cac.-a ... w... c-. . -,e-^-s was scaciiisally to find ways the i.nter.t os '“I-o do lor.sar rar.93 =-ann...r « council « «/»=; ;“.U\nri::^i««d shat the ^ocity. f^^^itS^nari-^s-ncst what was being i.n .Moiag waaS'tia? gtcooaed aa a aeaua -c tahe * ... --aala of issues .•sen---*.®- -•• rr. ,?!^ne-s« - AcVthls the nan.-.ir.g C~i«ion this area i.nci—ec ^t cr.e .meeting 0- -..- felh that .?^A;.«’asoiication was consusing 5® ^ J oteliaiaary advocate for the deve^ooer whether John Shardlow «as ^ feeling that tne or tne c--/. ^a-a-s' was suoo.ec -/ ^----*-I whole process on Ra-a-^ ,-.c- “ ca” 7 ahova that flBiardlcw was 'caconi.-.s and suaciviaion tew. first public oea....'3_-- devalooer tne nigat or aouji h« hasssnsd to ait hsa.-c •“ i-itial tatsnin| Jlinnina Cd“^**‘®“.“"c^y'-V fa sha Council coon wsra dl»l> on b««a “** cation aa would Cit-/ s-a£-.;pr.d. B. i“«od “C.d tin. that it ha=s.«.d tr^. Usu. o£ l/uell eiaaCcaos and dur^9 Wis I.C1.M •^Aslss to annss all ^ P*®P rmtfc to tJjo City oi tong 12. This ees reiterated ^ • review of the aaendment Juno ••7, d“f i“9 Vo\s £oc 'subnission “ “•®=| sj5S‘jis;:‘2.vy~< s a Tm #.Hi« area coanaents included: Caa^SiSSSiSSS, * ^' ^ r was a breakdown in •• The general coeaeo® tha --------^^ieatioa* it7 •Um versee The»* a lack of understanding ** to the a feeling ods ^ lacs or » u.-.e^w^ of Orono but “s‘S*.W‘"-rp‘" ‘" philcscsny :=r -..3 —- f» c^^surtiss-isns ars in Sns ayes ci tnafrair r*^.:c% L’lv::ff-sEstia* cations in a pas* — .«—.--• -- __. just the c"^"t-“»'^curr3ia“r3TiVanaVin tn^ ,i„id b. noMd a-a »» <=---^- giib«tt«ntti.lly.b€lo« wo acrss. ,Tms*s‘owm. ' ?hVd.»elo=aer.s tls'i fun” or sh. d.si.-j of the J.891. kVr«?» *iou^ as a rasui •- and not_ the of t:rc7i?t‘a'hanaiva Jlan _ftt the na:t.- area -art S^eV«io5«d that csaained tn te tare.stec. ,_ - r-«..«e - '"'--32 oatar issues wara raisac1*7. Qthar Selatac I^s^as ......... which incTuoi^ County Road US rutura Highway 12 S^eacutiya sessions •f*v. .t^•• t ^-at'on O’* Count'* Road US as a ninor artaria- asoonse - The «V“c“ c—rahansi'/a Plan and has bean on tna is outlined in t..e 5**”- this is a amorcity*. aSA *yst.a ainea iw3_oeee-.aj=*-Y^.,^-j^^^^ ^3 ao-s •ct.slal uad.r ®vi’r‘‘»-Vc3uncil than a nianning iaaue datasalnad• A. £0. th. eutur. of Highway eosridoc ia^lras^^^^^ '^onld be and Council oa^-’cuiar land use concarns.InTOlr^i in that grocas^ \^^;Tlfnnlng Coninission has not LVlti«.lly b.« U»ox”«l la tranapottation pluming taau.a. A. e.g «. tb. .x.catle. «.3»io«« «» ff ;|SLUet— tbn I* Uaittod to th. folloxuig laau.s. A. t«id aeguinion discaasiOTS- a 9eadinc oe currant lit-gat-on. cl l.l«eion. eootract disoasaiona. Axseuaaioa for these Itens. Jeanne h. Mabusthp Building and Zoning Administrator MiSaJi AS5t^ll^Sg°fi''2Sil5g Administrator .1*’^ use of CT -sz TZJ^aax cstHissica ssi= raarasi it. isst pT.e,.......... .,“Vd ia*. --si CidV Tan? la... -culd a-.« - -. ;!5r'-*«:v.d in -.aa piannan? pracacura. la-naT a ?u;”lc"^aiin? wall 5. s.ld far SliSiaaa. involvl Sy a. eaaneal. Mn“id«%'s«“n nU^UzI^tl inJaW^ »-'»“ ” -'■•'? =^“- Arsa 3. esairaan **"ay '^'eaaa'Aan°wis*”las9 Tdi. and ‘^.r^n^noVa'n/caiTnir.apply -a*, ss.a. una'-a.^ -.av« wf’'ia. 1?0Q Scad, cs3a«r.rad iiri ^ la'yni rasidanca wno *-» "i •> 'i*/a- oi oropoaedrural Orano who are nor i.i -a/o- o..................... enanoos. ^ofarriao «a s.‘»e Corridor Study ^ Z-Jz aar. •« “ .«s« wnica a. la la M.;«!;;;:„^V;;.. r..lj.„ r.?ardia«Planning Caooiaaion aoass.s ...o— .oo. ^ Ar«a« A-2. tayl« aatad a. »“in t.hotr proaonc sca.s aua.a-- SS^P^vlon’T-/ apprawd ua. «S.r Man intT^findla? a. Cici r.,u..t for ..w.r as4 liacar roioMlal** j^u“a “«.“dc«:». -pp«''« O' “• roquosc far woear. H.n«. wo. Id locorporar. a... S la *»• ••*« Ua«. $ ISi E»sI fl . { . •. ' - "' «-?>* • »% #f ‘^_______• I Mcross G? ?=2 PIASMEK; CSMMl^SIOil .*es?i:ic 2ZZJ3 ?S2RCA&r 17, 1387 . *^'fTtka -'J 3ailaws asxsc ii zir.s araaar^y aorir. of tae wa?lands csald auacorz sevc:.as ayacsaa win.-.in a 1-aera rural rasidsncial araa. AasiJtan; lonins Adsinismaor Gaffran fair mac aoaa araaa would noc da a.^ila. zs auaporc a sapclc syscan, wnici! is one rood raaaan zo sana cna araa as PRO (Plannad Rasldancial Siacrisc.'. Plannine Caaoiasian reeammandacian* Araa aeacO of waclana daaignacac essssmal / non-singla faaaly raaidancial lawarsd araa. Area norc.^i of waclaad daaiernasar; sincle fasil/ raaidanc^al w*.m no aawar on z.z* aaassrn rtalf aorins zir.^z chore aay ba sapcis prcslasa wr.era a ae’ucmn nay ba eluacarino. Amend camp plan ca addrsaa hcuaino* excluding any acaneais isplisacmns. 3a<;arding Arsaa 4 & 5. Cbairaan Kallay ia ir favor of an aasc/waac rsad cannecccon. He ia also in favor of Area 5 cannaecing to the MC3A line. Planning Cooaiaaion concurred wlch Chairsan Rallay'a opinacn regarding cne csnneccuon. Planning Ccsnaiasion recsasanded chae a buffer of berslng and piancunga ba included on cha :iorch of Araa 5 adlacanc ficicay laJce 3rive. Planning Cosniaaicn racoszendad chac eha road connaecion issue ba left open for fucura opeions. Regarding expanding cba boundaries of eba 3-1 area and aawarad area: Cbairsan Rallay acacad chac, given eba face cbac nuaaraue craas say ba lose in order to provide eapnic sysceas, ba fait ic should ba sewered. Cabas scacsd ba would ba open cs expanding Sba aawarsd araa bach IfO*. 3a fair acrongly abouc 2- eesa sinlama lac sines. Bsllows scaead ebae lose ef eraaa sbould aoe ba e&a iaaua. bowavar, she is noc naeassarily appaa*«d ea ^ sever in ebis araa and fale ebara baa baaa a raasonabla ragnaac for sawar by Mr. Rabara* 8ba fsala eba whole parsaJ should ba iaeludad ia eba MUSA line and noe iiaisad eo 2-aera loes. Hanaon concurred wish aallowa. r.;. ~ ^ ^ m mm S.'G sot Mayor and City Council \if:mMark S. 3erniiardscn» Ciry Acmnistrarsi^^ \j jgi^SS; April 2> 1989 S; Planning Coasisaion/Council Joinn Maerinc kttac!»«nt: A. Planning Conmission/Council Joint Meeting Meao Dated 4/5/89 B2SS - ' l7s.i«:tlon oi . d.t. ^ —- - "<= Direction as to desi:1^\ ? ^DDCnON - At the jc 1989, oatej a desire Cor a cuture aeeting. Council ini BSIOW - Monday# May 1# 1989 ffadnasday# May 3, 1989 Thursday# May 4# 1989 Tuasday# May 9# 1989 Wednesday, May 10, 1989 Tuesday, May 23, 1989 Wednesday, May 24, 1989 Thursday, May 25# 1989 Attachaant A Jeanne Mabusth has outlined possible topics 2oc [seusslott at each meeting. la, - 0*fca iolMt a data to be confirmed with Planning Commission. Oalay data until appointments completed, ptilisa tha July 29# 1989 aeeting. TUbla for further discussion. 2. - leXaet desired topics. Mia for father diacusaioa. 1 / / / kv I .rI •• 4 <' ^.7 5 2.30 / ^ «i,r 9 SO BOARDS AND COMMISSIONS GZNBRALLI. Ail Board and SEC. 2.50. _...1.^.;K« i-ir.^inance or casolution St^ailSBC. z-s«- , rthoTizid'Vv ordinance ot resolution shall be made by aoorintVe shaU Ve estabiisbed and each year. The term and terms of ?resenz Boara stated at the wime or ^ ra-«stablished and changed so as to and Commission meraoers shall assume office glv. affaot to ®/="°JVvet Wafln^ « Boards and l«m«dlately. their successor is appointed and t Jfor an expired Board or Commission member shall be unexpired term.^ No //off icio member may be so an employee or the ^ Commission members shall serve employed. All aPPO^*''^®^ reil-nbacsed for out-of-pockat without Performance of their duties when such expenses t^orised by the Council before they were expenses have been au aooointed by the Council annually,incurred. The oMic.ts shall be appointec^oy^^ Council for Any Board or |i.l?ed°as any othe'r vacancy. Each any reason and his . :».s reaular meetings at a time Board and Commission shall n_^ Boards and Commissions established »"<* •P?'®''*?.?? terminate when the ourpose for which created by !ifi\ccoSpUshed or upon-the®^ expiration of S?s1e%%\on Vhall "ap^^^ a\l Boards and Commissions. SEC. 2.51. PLANNING COMMISSION. Subd. 1. Establishment and Co»posi^°^"^_.^j^ /ta^rSd Commission composed **J®”j",\u3hed. Two of the members shall three-year t«mSp is ^ reoresent the Rural Service Area ofreside in and be appointed to P community Management- the City, ®» ^^®“"®!,iPe3^3e Represent the Plan, two members ^®®^ ^itv and three members shall be JSrr.'^crunyraU^hrirh'. «L.rs of the commission ex officio and without vote. subd. 2., powers and Duties 3*S%,““"adv!.o?rfJSy'tS Shall be the Planning Agency of bh® C / power, under thethe Council. *». Commission shall have h P.^^ ^ SS»i.liln*V.ll’how'." regular meeting once each month «>d keep records of its proceedings. m (4-1-84) ORONO CC tX"•'z / ^ OJIDINANCZ NUMDER 31, SECOND SERIES COMMISSION, SUED. !• The City Council of the City of Orono ordains; Section 2.5fl and entitled Boards and Commissions Generally is amended to read; All Board and Commission appointments authorized by ns s'ls-fsnrsn •“ k/ .s-ssss Boards and Commissions. read: section 2.51 and entitled Planning Commission is amended to <uh,9 1 A Planning Commission composed , f It is the policy of the Council to appoint persons to the planning Commission as follows: P. Two of th. ■•■bat* shall t.sid. in and be c»c.s.nt th. Rural S.tviea Area of th. City as in'tho Conpt.h.nsiv. Managtn.nt PI*"' r.sidlng in and appointwJ to t.pr.s.nt th. Orban Sotwic. I t iHs A , I: /T/ / <x,cJ^A^-{ ^1 Area one aoooinced that resides on Lake Minnetonka lake soecific desianation. The Zoning Administrator and one Stncil member shall be menoers of the Commission ex officio and without vote. This ordinance becomes effective from and after its passage and publication on March 3(5» 1987 passed by the Council this 17th day of March, 1987. ATTEST:r Jam<!^s R. Gtaoex, Mayor V /huzc^- // T- ^^^;Othy M.^H^llin,' City Cleric published 'in the Laker and pioneer newspaper the week of March 30, 1987. mm ■y'r TfV L-; ; 1 Siv- 1 1 ’’ ■» 1i" r.-: Mi if/^ :t'- K- t’V-'s?;:- Er-" y 'fep-rW ‘ • * r ' f .■ ■ -- .' V' a ‘ a ■:: HX.4.-K- , 'i*- ■\t 'Py: *' f i--^: i-;xx . ¥h. : ■* •> ‘if] 41551.2 Mayor and City CouncilTO: FROM: DATS: SUBJECT: Joint Council/Planning Commission Meeting Mark E. Bernhardson, City Administrated April 15, 1991 ' ISSUE - 1. Selection of a date for a joint meeting. 2. Present to Council Planning Commission's discussion regarding their perception of role they would feel appropriate. INTRODUCTION - The Council had originally slated April 20, 1991 for s joint Council/Planning Commission meeting primarily to focus on changing i,nles of the Planning Commission. At the April 8th Council meeting that was cancelled with no new date scheduled. DISCUSSION - Issue II - It is recommrmded that a new date be established for £he jofnt meeting with May 4th or May 11th as possibilities. Issue #2 - The Planning Commission will have informal discussion for the next two weeks to discuss the role of the Planning Commission. It is their hope to provide a single, agreed upon response or recommendation for discussion purposes at a future joint meeting of the Council and Planning Commission. ALTERNATIVES 1. Establish a joint date. 2. Table for further discussion. 3. Discuss any role change based discussion. on Planning Commission's RECOMMENDATION - It is recommended that May 11, 1991 be ~ taVlTs^heS*as a joint Council/Planning commission meeting at the Art Center from 9 to 11 a.m. and that Council give any further direction as to potential role alternatives they would desire to ej^lore. PROPOSED NOTION - Moved by _, seconded by _, Council establish as a date for a joint Council/Planning Commission meeting and direct staff regarding any future role change alternatives. Ayes , nays cc: Jeanne A. Mabusth, Building & Zoning Administrator . J i Local officials urged to sign letter i. \ \ j 4 I J supporting Brady bill TIk I4atk»al League of Cities uiKt dty offlcials wbo lupport the pa^ofanatkNialtevea-ilay Sm M period for the pufchaae of ;S5a(tbeBi«dybiU)u>to“ ifint sigoatuies to NLC umneduiely to add to a local officials- letter NLC will circulate to members of Coogress. Fax sigoaturcs to Janet Quist at 202*626«3043 lo the oflicial letter lists Offidal local offidak’ letter to be mailed to all members of Congress UmiUdStaM (Hotm efRepmtttttMSeitta*) WMkinfOH, DC <20S151205I0) Dttr iTeprrawrarbw/Sw^- Am mnan. eHy eomeUmMmbtrs. and aUcud city oOkiaU reprtstnt^g ___thM eomry, w» mgt Cbnr« r*r Brady bitt kgitlatiem tkm vaoU prwtdt day. iachMdtthr backroaad o/pra.p.ct.y. handgun itka$htMlOywsdne.tktatt.mpt*da.MuimaionanPr*ddi^ Pm I®* ^Za. and tut upUeabk In turn. oftk. impact of IhtM erunts on omnaltons ^Aeeardiat to a rtpart iamd by tha Nationat Cuur far H^h StatMc. in tjkmkddu among tunagm ISIbym^ofa^ nor. zxss=:s:=s:p.z^^^, AtlaeaUftluttdoffieiaU. no art thtpoopi* tku antnor ^ pnona ^ m b^y^hottdgimorffrtht cornier iokUl at matm ’""‘Z^uuieZlai^ZZ kadtrt.no could otpoundjiathtr on thtvbtmt of thitcrltkantgitluhn. Honour, ontnttdt to timpiyeptmtht local t^tpaptr tmydvdrwaukloealntntouttltoltion.ntuidtneoitatttoocl^. f^b^tluBradlyMttm^tuttnu.ltrallonaLanditontMtptonudciahing SmmtHadyoo http in mind tht mrong vitnt of oir nation's locally oloetod tffieUk Old paatkt Brady bittnitkamfiathirdttay. Slaurtty, Sid Bartht imty, Mayor CdyafHanOrtoans Prtddtm </fhr National Ltagut ofCitiu nami.« of Miooesou city officials. NLC is coordinating this elTort with the U.S. Conference of Mayon and the National Associatioo of Counties, which are also collecting officials ’ signatures. FOr more iofonnatioo about the bill (HR 7). please see the March 29 issue of Cities Bullctio (page 11). The House will consider the bill SOOQ. Please send or Cut signatures to NLC this week to be sure to be iofbKlrd 00 the official letter to be circulated by local government associations to members of Congress. If you wish, you nuy sign the last page of the letter (left) with your title and/or a note on your letterhead asking to be included on the letter with the / «yne iofomiation. AH y City official letterhead to be signed by mayor or elected official National Uagut of CUitt Attn. JontlQuia 1301 Ptnniylvania Aunno NW Washington. D.C. 2i Ro: Brady bill 9 HI Dow Ms. QmN: Pitast ineludt us among tht oltctcd mayors, city couneilmtmbort and county o/pdalt across tht country who tndorst tht Utttr to Congytss Jointly spontortd by NLC. USCM jmd NACO mging Congrus to pau tht Brady bilL PUatt btclndt om dg/nctomu and titltsufollons: Sincutly. Mayor. City of____. Stott Other Eltcttd Offeiat. Title. Jurisdiction. Stott Aprfl 19,1991 PrUtttd <m rtcycUd paptr Page 9 ri- i !r V - :• f - ' - * I •': > \'V- 'i :'. '••' ■ - 0:-'^V'W0: ■r.-. i -a • t,v' ;v-^'-. :;i;. - -- ^.- i- • 'V, 4- >■r:=:- - [’•■• ii*:fc--' L-i'.' mu i*r'i'f' ■ ■■S3^ 41-91.3 0TOsFBON:Mayor and City Council ^Mark E. Bernhardson, City Administra^^^ DAR: April 17, 1991 SUBJECT: Westonka Senior Center Week S. % '^S> Attachments: A. Westonka Senior Center Memo Received 4/15/91 B. Proposed Resolution ISSUE - Determine if Council desires to adopt proposed resolution to proclaim the week of May 6 - 10th as Westonka Senior Center Week. DISCUSSION - Attachment A is a request from the Westonka Senior Center to adopt Attachment B to proclaim Westonka Senior Center Week May 6 - 10th. RECOMMENDATION - It is recommended that Council adopt the proposed resolution to proclaim the week of May 6 ~ 10th as Westonka Senior Center week. PROPOSED MOTION - Moved by , seconded by _, that Council adopts Resolution # to proclaTm westonka Senior Center Week May € - 10th. In additTon Council commends the senior citizens on their achievements and contributions to the community. Additionally the Council commends the staff at the Senior Center for their efforts and commitment. Ayes __, Nays __. i-3' .ih..A-.a • « r-^ ... II I ■ I antm |r •v' i; ii- S-'- ’ . t .Vr k*l , jM;. /Imtdffffieur /I April 8. 1991 4PR X Dear Mayor and Council Members:5 i9r. The Westonka Senior Citizens, Inc. are celebrating the 25th anniversary of our senior club and the tenth year in this center, the week of May 6 through May I0th. Would the City of Orono please proclaim this week as "Westonka Senior Center Week"? Sincerely, Dotty CTBrlen, President Westonka Senior Citizens, Inc. u.- - --^^.1-^ t- I K'-. I , - '.r m:m':-M t’ - >. :*■/, t.777^4}IB RBSOLtJTIOH PROCLAIMING NBSTONKA SBMIOR CBMTBR WEEK HAT 6 - 10, 1991 NBERBAS, we need to realize now, more than ever, what a resource our older Americans are, and that the ablilities of older Americans to invest our country with their knowledge, creativity and experience cannot be denied; and NHBRXAS, senior centers offer valuable service to the community in providing our senior citizens the benefits of good fellowship, encouragement and support, the opportunity to help themselves and each other, and offering service of access to community services as needed; and WHBRXA8, the month of May has been proclaimed Older Americans Month, and communities across the country are giving special recognition to the role of senior centers; ■ON, THBRBFOSB, I hereby proclaim May 6th through May 10th as Westonka Senior Citizens Silver Anniversary Week in celebration of past accomplishments and encouragement for continuation of invoivement and contribution to our Westonka Community. Adopted by the Orono City Council on this 22nd day of April, 1991. ATTEST: Barbara A. Peterson, Mayor Dorothy M. Halim, city dierk • li nf I i j ! i J I %•f% C/^ e Hr !te Vox Mayor Peterson 6 Orono Council Members City Administrator Bernhardson Michael P. Gaffron, Asst Planning s Zoning Administrator Datas April 18 r 1991 Snbjactt tnta A B C Bernhardson*8 Memo 3/21/91 letters to Rich Zuckman Dated 3/15/91 3995 North Shore Drive Joint Use Dock License Review of the attached Joint Use Dock License was tabled In March pending results of hazardous building inspections for this property. Howeverf that inspection has been rescheduled to April 25th, and applicant Is requesting that the license be processed so he can Install his docks, given that all the rental units are occupied and the tenants expect to use docks. Staff would recommend approval of the Joint Use Dock License for 1991, with the added condition that during the period of the license, the City reserves the right to review the number of slips and modify the number of slips allowed commensurate with any decrease in the number of habitable dwelling units. This condition has been added to the special conditions of Exhibit A of the Joint Use Dock License resolution. Proposed Notions Moved by_, seconded by , to approve a 1991 Use Dock License for Sandy Beach Shores subject to the condition that during the current license period, the City reserves the right to require a reduction in the number of licensed slips commensurate witn any reductions of habitable dwelling units which may occur during the license year. Ayes _, nays _ _. lyyniiliiy. p-Vt J!' it. St: t ;v i *A' h • Ir:'IWV'I' f;: F_. :j.'. .I I RBSOLOTIOH DIRECTING STAFF TO ISSUE A JOINT USB DOCK LICENSE TO SANDT BEACH SHORES SUBJECT TO CONDITIONS NOTED HEREIN FOR THE PERIOD OF JANDART 1, 1991 TO DBCBIBER 31, 1991 NHBRBAS, the City of Orono, hereinafter "City” is a municipal corporation organized and existing under the laws of the State of Minnesota and has the authority and responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et. seq., to protect the health, safety, and general welfare of the citizens of the City and other menbers of the public within the City; and mBRBAS, the City shares concurrent jurisdiction over the primary harbor limit of the City of Orono with the Lake Minnetonka Conservation District and the Department of Natural Resources of the State of Minnesota; and WHEREAS, the regulation of the navigable waters involves an •xarcise of police power of the State,* LMCD, and the City of Orono, all of which have adopted rules to ensure to all equal enjoyment of the public rights and equal protection from activity on or near the public waters and on the land within the City which, if unregulated, may be detrimental to the public health, safety and general welfare; and WHEREAS, the regulations of the DNR, LMCD, and the City of Orono regulate the property rights of the riparian owners both as to residential owners and the commercial marina owners to the extent prohibiting any interference with the public waters adjoining their property. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public waters by protecting against interference by anyone. Including those who assert the cosmionlaw rights of riparian owners, whether or not they be commercial marinas or residential owners; WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between and is shared by riparian o«mers and the public generally, no one riparian owner has exclusive privileges over Lake Minnetonka. The only additional private right that any riparian owner may have over the public generally is to construct one dock to the navigable depth of the public waters. There can be no dispute but that the public generally and each riparian owner to Lake Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable purposes in common with all other riparian owners. This right is a right not only to members of the public but the right to each riparian owner. Page 1 of 2 S' 1. k; 4*' S'- i°„^ruT.rtr. r^"^feation",Yfen‘’/f boating and fishing therein; the riparian owner has no exclusive privileges to these rights; and WHBRBASv Lake Minnetonka is capable of substantial beneficial public usa only as long aa all riparian users of the lake are regulated in such A wAy AS to snsurs thsre is no abuss of th6 liinited riparian ri^^^^^ and ESiSgSrSiSSsiSili Section 5.42 of the Orono Municipal Code; and NBBItBASf the purpose of this Resolution is to set forth the above noted general conditions and concerns and the following special conditions as they relate to an application for an annual Joint Use Dock License described on Exhibit A attachedp ■OW, THBRBPORBp BB IT RBSOLVBD* that the City Council of the City of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and conditions noted on Exhibit A attached. Adopted by the City Council of the City of Orono at their meeting on the 22nd day of April* 1991. Barbara A, Peterson, Mayor ATTESTS Dorothy N. Hallln, City Clerk STATB OP MINNESOTA ) ) ss. CODMTY OF HENNEPIN ) .The foregoing instrxunent was acknowledged before me on tius 22na day of April, 1991, by Barbara A. Peterson & Dorothy M. L^llin, * City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. .-♦V 1 ^ .-'' X JL mil I Notary Public Page 2 of 2 i SR-:' CITY OF ORONO EXHIBIT A RBSOLOnOH HO. C0HDITI0N8 OF ISSOAMCE FOR ANNUAL JOINT OSE DOCK LICENSE I. LICENSEE} Sandy Beach PI ice Dock Address: 3995 North Shore Drive Agent: H. Richard Zuckman Address: 1819 Dupont Avenue South, Minneapolis, MN 55403 License Period - January 1, 1991 to December 31, 1991 II. BOAT DENSITY Tho number of in*place boat slips, lifts and buoys shall not exceed ^be iiumbor shown on the attached plan. Exhibit B, and in accordance with Resolution 938, in no case shall the number of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year’s license. Authorized Boat Density per attached plan: Bay West Arm Transient (Day use only) Slips Permanent Moorage Slips Boat Lifts Sub-Total: Slips at Dock Offshore Buoys Maximum Boats in Water Maximum Boats per prior license MAXIMUM BOAT DENSITY :s ir irri J I ’K Ir t Exhibit A RMolution No. Page 2 Exceeding this maximum boat density* or exceeding the number of permitted slips* lifts or buoys is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42 Subdivision 2 of the Orono Municipal Code. III. DOCK LAYOUT The dock structure or layout authorized by this license shall be as shown on attached Exhibit B. Any changes in this layout shall be subject to prior review and approval of the City Council. IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or the LNCD. The issuance of this license is subject to full compliance with these conditions. Failure to comply with these conditions is cause for license revocation and/or prosecution by the City. 1. The seven approved slips are for the exclusive use of the residents/renters of Sandy Beach Shores. 2. City may require written approval from abutting and affected property owners for each annual license review. 3. During the current license period* the City reserves the right to require a reduction in the number of licensed slips coBUsensurate with any reductions of habitable dwelling units which may occur during the license year. V. Nothing in this license shall confer upon any person for the benefit of any property any vested right to use Lake Minnetonka or the premises in a sianner permitted by this resolution* but the use of Lake Minnetonka and the premises shall remain subject to such regulations and ordinances as the City and other competent regulatory authorities ahall deem necessary from time to time in the public interest. ■nW-..it* /v.- - : '1-. Ulo'H f<w»> I l':' 32191.1 Tot Frost Dotot Mayor Peterson and Orono City Council. '\\ir Hark Bernhardson# City Administratori^- March 21, 1991 Snbjoctt 3995 North Shore Drive - Joint Dock Licer.-e Attachsontt A) Letter to Rich Zuckman Dtd 3/15/91 B) 3995 North Shore Drive - Joirr Use K License STATUS - At Council's last meeing, staff requested tabling considoration of the Joint Use Dock License because of hazardous building proceedings. Attachment A was the letter most recently transmitted to Mr. Zuckman on this issue. It is recommended that the license be tabled again pending the results of the 3/26/91 proposed inspection of the structure. PROPOSED MOTION - Moved by seconded by to table consideration of this item until the April 8, Meeting. Ayes ____, Nays ____. 1991 Council Isv r>i 3 i-... 1 ‘ r f L <:i f V* Ur anaria1 CITYof ORONO Post OfRc* Box 66*CrysUl Bay. MianeooU 55323•Munidpal OCBcas On the North Shore of Lake Minnetonka March 15r 1991 Hr. Richard Zuckman 1819 Dupont Avenue South Minneapolisf MN 55403 Subject: Hazardous Building Proceedings 3995 North Shore Drive Dear Mr. Zuckman, As you may recall the City indicated to you in a letter dated December 4, 1990 that you had until February 22, 1991 to file an application with the City for a formal PRD/subdivision application. As you have failed to do such, the City will initiate hazardous building proceedings to commence with the required inspection of the rental units on or about March 26th, Lyle Oman will be in contact with you to arrange for an inspection of the structures. In a related note, the City has tabled consideration of your joint use dock license to see what impact, if any, the hazardous building proceedings would have on the number of slips that ,ou would be authorized. It is anticipated that this would be considered at the same meeting as the hazardous building proceedings.I Sincerely Mark E. H^hardson n^City Administrator cc:i4ayor and City Council Jeanne A. Mabusth, Building s Zoning Administrator —fttShael P. Gaffron, Asst Planning a Zoning Admin Lyle Oman, Building Official AOMlNOnUnON A fINANCE < 473>T35S ptJBUC WORKS - 4T3.7M9 if I I' 'i'"- 'mm lit. CiV€ CITY of OKONO Post Office Bo* 66•Crystal Bay. MinneaoU S5323»Munidpai OfScaa L. ?On the North Shore of Lake Minnetonka March 15» 1991 H. Richard Zuckman 1819 Dupont Avenue South Minneapolisr MN 55403 RBt Hazardous Building Action 3995 Morth Shore Drive - Sandy Beach Property Dear Mr. Zuckman: On December 4, 1991 this office notified building action on tS “ ve?op an ?nspeotion ScSSSSl."* lVl=«.. i. nor^ro^’ded^thrcit/will obtain an !5llT2litretive lelrch warrant to oain access. If you have any «"i?t«rorif thi. office can aisist you in any way, please free to contact Jeanne Mabusth or mysei.. Sincerely Lyle Oman Building official cc:Jeanne A. Mabusth, Building 4 Zoning Michael P. Gaffron, Asst. Planning & Zoning Administrator Bruce Vang, Field Inspector LO/lsv •UUHINC a ZONING • 4n>‘T3S7 UNBTSATION « HNANCC - 4TJ-73W FAX-41MIM fVBUC woass -‘Cn.um -1 • : -i' :-J . Tot Mayor Petersen and Oreno Council Members City Administrator Bernhardson Proas Oatms Michael P. Gaffron, Assistant Zoning Administrator March 5r 1991 Subjects 1991 Joint Use Dock Licenses Attached are applications and proposed resolutions for 1991 Joint Use Dock Licenses for the following organizations: Applicant (Contact) Foxhill Hoaieowners (Mayne Gustafson) No. of Slips 13 Date Appl. Received 2/7/91 Mtka Power Squadron (Baylon Loosbrock) 45 2/14/91 (transient) Halters Port (Charles Garrity) 5 2/4/91 Sandy Beach (H.R. Zuckman) 7 1/23/91 Victoria Estates (Paul Ranssen) 6 2/27/91 Rhode/Enlow/Lindah1 (Jack Rhode) 3 2/22/91 Forest Arms (Jim Lange) 14 2/6/91 Navarre Cove (Dan Lindsay) 6 1/29/91 LMCD Temporary Dock Extensions All of these renewal applications indicate no changes from previous numbers of slips approved. There have been no coaplaints filed regarding any of the joint use docks during the past year. Due to low water; 3 of the applicants have been granted temporary dock extensions by the LMCD. The City has received no ooaq>laints regarding these specific extensions* however* the 1991 approval resolutions have been drafted with the condition that tnesa applicants comply with all LMCD requirements. The 1990 LMCD licenses for these three are attached* and indicate the following conditions: 1. The extension is temporary for the low water period during which the Lake level is below 928.0* and declared by the LMCD Board. iite if. u 1991 Joint Use Dock Licenses March Sr 1991 Page 2 of 2 2. Temporary extensions must e renewed annually. 3. There must be no navigation hazard to your temporary dock extension. The Water Patrol will serve to assure this condition is maintained. 4. All temporary extensions utilize seasonal docks 5. No additional or larger watercraft are allowed beyond which you are licensed or permitted by the LMCD Coder as described in your application material. Staff recommends approval of the eight 1991 Joint Use Dock Licenses per the attached resolutions. Note that the license application forms sent out in 1990 incorrectly stated the renewal license base fee as $50.00 instead of $20.00r hence some of the applicants are receiving credits on their 1991 application fees. Proposed Notions Moved by , seconded by_ _r to approve the Joint Use Dock License for the 1991 license year for; Poxhill Homeowners' Associationr Minnetonka Power Squadronr Walter's Port Homeowners' Associationr Sandy Beach Shoresr Victoria Estates Homeowners' Association# Rhode/Enlow/Lindahl# Forest Arms Homeowners' Association# and Navarre Cove Homeowners' Association per the resolutions drafted by staff. Ayes _ _# nays _ _. A h s rM CITY OF ORONC P.O. BOX 66 CRYSTAL BAY, MN 55323 473-7357 LICENSE YEAR 19 7 / (association)- O^ D Y <4 - ii- w •• VVV - -I.V ANNUAL JOINT USE DOCK LICENSE APPLICATION^ Pursuant to Orono Municipal Code Section 5.42 ■I' w « A n 'U “ ‘“rntf ^ V.A' Wl# ww . . .• •••. --4 “•* # ..vV k.vvi -^vj. • Av •I « I , V V ;• ■\.* J. Date Form Sent by City Sta ff /-^-7 1 Date Application Returned to City • < Fea Reoived $ _ _ _ _ _ _ _ _ __ By Employee 3-7/ -a*::; sK:;rss:*;«'i’!i:.v~ therefor from the City. PLEASE COMPLETE ALL ITEMS AND SUBMIT SIGNED APPLICATION, REQUIRED ATTACHMENTS, AND LICENSE APPLICATION FEE TO THE CITY CLERK BY MARCH 1 OF THE LICENSE YEAR. ASSOCIATION INFORMATION 1. Association title or name (if anvl fieat-h SV>C^<1 2. T^lr. m«nsWkA_ _ _ _ _ _ _Bay ftrwl- - - 3. Person responsible for this application: Mamg U.t^tfKirA Tod^mAn______p hone v»«yn*^yQQ, Mailing Address KwAn\)4.S»«jfti ftlwn- Via mii4 bsmo: Relationship to ^ganeiation Ov»>\€< Page 1 of 5 ■ilf MU'iilliaf 1^1 aiim^iT* w. u. 5. 6. Association is (check annlicsble itSTtsj: % r4JrTt^\ uninccrncrctad .-.or.ec'.T.er ’3 jrcuc. incorporated Horcecwner^s Association. unincorporated club or recreation group incorporated club or recreation group. Principal purpose of joint -ise dock is (check applicable ite=s): ^ provide boat nooring and lake access for resiaentiau propert, oiovide sviamlng access, beach, or offshore dock. A pio'/lde a club or association gathering place for acti*/lties. Dock is located on (check applicable item): eaaenant or outlet ovned in comnon. property leased by the group/associatlon. property ovned by the group/association. List Dock location and cvnerahlp ir_fo....aticn: street address SjkoCa. 1.8.1 ptoerty d..cripplop -M. oa o ’* PiD # s^^a_5b****l»***/^aPID ________________ listed nreperty ouner(s) Names of abutting lakeshore property owners: .„.r.h/W..t) -— ------------------------------(Name"**- Address) Names of other affected property owners [Name kd^xw) (attach sneet if necessary; 2 of 5 "i - S._::sv;ranc e Ccversge - The .Join-ly -ised loci is insured 'zy ona c:' tr.e dslla^-ing; property ovner's domeovner's policy. X separate grout/asscciaticn ovned policy list tie folioving ini'ontation: name of insured 2**^^*^ r>aTw» of insurance carrier Ce of insurance agency policy no. rOft*^^3**^*^*^^effective date of coverage amount of coverage; Public liability, per person, per occurence $ 'Z^OCQtCQO Public liability, per occurence $ Q.t OOOi^gM Security and policing of the Jointly used dock and property is provided by (check applicable itecs); fencing. X security lighting. ___ property owner's presence, contract security service, other (specify) ____________________ DOCK i.'ii*BMATION 11. List Dock use Area Specifications: Width of shoreline; ft. Length of main dock from shore; Sfe ft. Dock setbacks from side property lines at shore; SO ft. and 30 ft. 12* Dock Construction (check applicable Items}: a seasonal dock (relocated or replaced each year). pemanent piling with seasonal deck, wooden decking. metal decking. permanent piling and decking. 13. List Dock Accessories: HUndiar of fire extinguishers available at the dock Wuafber of life preservers available at the dock \ 14. List nuaiber of slips In each category ("sllpa" Includea boat lifts): Transient (day uae only) slips Q . Transient (day use) off-shore buoys Perauent moorage slips *1_____. Pemanent moorage off-shore buoys O Dry storaga (rack) elipa Maxioum number of boats at the dock 15.List dock. road. nuaber of off-street parking spaces available for ut^rs of the Joint use Perking, if provided auat not be separated from the dock by any public lO epacea. 3 of 5 gapSIQN AMD SEDIMEiyiATroM COSPTROL Shorsline is projected sy (cbscic ap?lic20*e itess;; stone ri? rap vccd seawall.nsial seawall.concrete seawall. grass vegetation only, other (specify) Depth of water at snoreline is 50 at 100 ft. out is iSlL• :4y«il iTPgp attachments The following must accompany this application: dock plan - ST.T. applications A dock plan, dratm to scale, showing the shoreline width of this property, the side property lines and the location, layout and dimensions of all docks, slips and buoys. If off-street parking, dry storage or other on-land functions are intended, these also should be shown on the plan. ONINCORPORATED GROUPS OR ASSOCIATIONS ;L. a list of the names and mailing addresses of all members and/or slip users 2.A certified copy of the by-laws or agreement for joint use. Note: This copy is not reguired if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same by-laws or agreement originally made in iHO j (state year) and on file with the City.” Applicant's initials mCOHPORATEP CLDBS OR ASSOCIATIONS 1. A list of the names, mailing addresses and titles of all corporation officers. 2.A statement as to the total number of members in the club or association, members. 3.A certified copy of the articles of incorporation and by-laws of the corporation. Note: These copies are not reguired if the applicant initials and certifies the following statement: "This is a renewal application and our joint use dock is to be operated under the same articles of incorporation and/or by-laws as originally made or last amended in _ _ _ _ _ _(state year) and on file with the City." Applicant's initials Page 4 of 5 m D. ANNUAL LICENSE FEE -» ALL APPLICATIONS Joint Use Dock License Application fee according to the current City Fee Schedule Initial Application Fee Renewal Joint Use Fee, per year S S Plus Slip Fee for each permanent moorage slip, lift, dry stack, or buoy slips @ $2.00 each TOTAL DUE THIS APPLICATION LATE FEE - Renewals $, $ JlL ^2? a;c^ Applications for renewal of licenses shall be made no late than March 1 of the license year. The Cit^ acceEt renewal license applications received after March l unless the application is accompanied by a late fee of $25.00_^ REVIEW PROCEDURE When a complete application is received, the application viXl be reviewed by the City Council and, in the case of new or unusual applications, also by the Planning Commission and Marina Committee. The Council will pass upon the application after complete review. THE SUBJECT DOCK MAY BE INSTALLED AND/OR OPENED FOR USE ONLY UPON APPROVAL OF THE LICENSE BY THE CITY COUNCIL. Pursuant to Section 5.42 of the Orono Municipal Code, the applicant hereby requests the Orono City Council to review this Joint Use Dock License Application, and agrees and authorizes the City of Orono and the City's employees and agents to enter upon the property at any reasonable time to perform safety and code compliance inspections. Signed Dated Page 5 of 5 tr m A rh <■ f. ■■ !HV.; 41991.1 TO: FROM: DATS: Mayor and City Council Mark E. Bernhardson, City Administrator■ April 18, 1991 \\l' V /% SUBJCCT: Stubbs Bay Sewer X Attachment: A. Gaffron Memo/Stubbs Bay Dated 4/18/91 ISSUE - 1. Alternative options for solution to Ziesmer sanitary disposal problem. 2. Review process for decision on sewer. p”aiblT citizens committee in the area developing alternatives. The second part was that ^^ ^ oarticipation was included in the recommendation a second eonaunit^ wide group could be assigned the task of reviewing that recommendation. DISCUSSION issue #1 - Ziesmer - In Attachment A Mike Gaffron has outlined a Titterl!m alternative to the Ziesmer issue. Given an estimated sewer did not come, as they would probably need to 9© to a mound system. (The Attorney is exploring the issue of deferral for those under 65.) issue #2 - As outlined by Mike there is interest In s^ch an aoDToa^ and the City staff could work to develop suggested eonittee members. Mr. John Burger has indicated his willingness to serve and nay be in attendance Monday night. ALTERNATIVES Ziesmer 1. Accept information. 2. Direct an alternative 3. Table. ... . 4 • iTt • V. V-. Decision Process 1. Direct a committee be developed. 2. Suggest potential numbers 3. Table. 4. Choose not to undertake. RECOMtiENDATION Issue #1 It is recommended that if a committee is to be undertal^n that the Ziesmer issue be tabled for 6-8 weeks pending the results of the committee. On the other hand if Council feels it will order the project in within 5 years or accept a substandard system for the Ziesmers for 5>10 yearsr they could direct the Zeismers undertake an interim trench solution. Issue #2 - It is recommended after suggesting names that Council direct staff to undertake ouLaining committee members for potential appointment by Council at the May 13th meeting, once the group is appointed staff would provide them with background information and available as a resource for on additional info nation. A draft "charge" for the committee would also be presented at Council's May 13th meeting. It is requested Council indicate if they would be pursuing another community wide group to study the public funding issue if that is a potential option of the first group. PROPOSED MOTION - Moved by s onded by , Council accepts the information as to an additional alternative and directs staff to develop potential committee members and a charge for the May 13th meeting. Ayes , nays :i(P l'*. 41891.2 To:Marx E, Bernhardson, City Adn'.inistrator Tromz Michael P. Gaffron, ^sst Planning & Zoning '’istrator Date:April 18, l*#9l Subject: Stubbs Bay Sewer List of Bzhibits “ A - Staff Memo of 4/3/91 B - Bernhardson's Memo & Exhibits of 2/28/91 Issues - ZlesRier situation - possibl*: additional options B)Sewer project ~ process for d<^cision Discussion - A) Ziesmer Situation Council will recall that the Ziesmers have reached a financial point where they must complete installation of their mound systm or be assured that municipal sewer will be available for connection in a reasonable period of time. To date, staff has not discussed the interim option of constructing a small trench drainfield in the front yard, using gravity flow, whi-h while not meeting code requirements, might provide some relief yet not create an immediate pollution or health hazard. This option has been previously used in Stubbs Bay for interim repairs to an existing system, r \t not for a new home. Mr. Ziesmer notes he likes this possibility. The nei^'hbors on either side of the Ziesmer^ hav-a trench drainfields in their front yards, and neither system is failing. It is very possible that soil testing would show that they should have been mound systems by todays standards, due to a seasonal perched water table evidenced by "mottling". In our loam and clay loam soils. Dr. James L. Anderson of the U. of M. Extension Service states that trenches less than 3' above the perched water table will likely ha.v* a shortened useful lif». However if you can get the water to move through the clayey soils, treatment Should be very a6.,^.qu^;>te. The M.. .C.A. takes a slightly different line, suggesting that during the times when perched water tables exist just below or around a trench system, all treatment stops. Therefore, the M.P.C.A. staff has a< onished the DNR staff that in shoreland areas, existing trench systems less than 3' above the mottling sone should be considered as non-conforming systems and be replaced with fully conforming systems. Staff will be reviewing these somewhat conflicting interpretations as part of the shoreland ordinance. Stubbs Bay Sewer April 18r 1991 Page 2 of 3 The soils map indicates a kilkenny loam, typically fairly impermeable. It is my opinion that an interim trench drainfield system in Ziesmers* front yard likely will have no detrimental effect on the neighborhood, the lake, or the groundwater unless it starts to discharge to the surface. This could happen due to overuse, or by the gradual reduction in its capacity due to being in a seasonal perched water table situation. My recommendation therefore is for Council to consider allowing Mr. Ziesmer to install a minimal trench drainfield system in his front yard (meeting all required lot line and well setbacks, of course), with the inclusion of an overflow holding tank. This will allow some significant portion of his waste load to be treated, but at peak flow periods when the small system cannot keep up, it would overflow to a holding tank which would then need to be pumped out. This overflow tank should eliminate any concerns the City would have about surface discharges. Lv.I If Council agrees to this temporary solution, the other uestlon Is how long Ziesmers should be allowed to use such an nterim system. r B) Process to Determine Whether a Sewer Project Should Be Commences Area resident Dave Peterson has talked to a few of the Stubbs Bay area residents. His comments are as follows: 1. The majority of the few he talked to would prefer to have sewer. 2. That same group generally stated that they don't want to a commitment that takes oway their right to appeal the assessment. 3. They generally felt that the City should participate in the costs of the project to some degree. Da suggested that a citizens' committee might be able to make a r* ^lunendation as to how the Council should proceed and/or present recommended compromise for Council to consider. Mr. Peterson also questioned whether it might feasible to split the project in order to all«... it to serve the areas most in need of sewer. The City Engineer is looking into this. Per Councilmember Callahan's discussion on April 8th, a citizens' committee might be charged with the following goals and duties: I I ^r h'r- Stubbs Bay Sewer April 18, 1991 Page 3 of 3 1. Determine scope of project/area to be served. 2, Place some priority status on which areas should be served first (or at all). 3. Recommend a preferred financing method. The citizens' committee would be charged with ma)cing a written report to the Council. (I don't feel that involvement of the Planning Commission is strictly necessary, since these are not really planning issues.) Ed suggested that a 6 week time frame may be realistic for such a committee to do its work. It may take somewhat longer depending on start-up time. If Council wishes to proceed with such a committee, I would suggest that they authorize a letter to the affected residents asking them to apply in writing before the May 13th meeting if they are interested in being on a citizens' committee, so that Council could appoint a committee on the 13th. The letter requesting applications would go out the week of April 22nd and could easily contain a very brief update as to tj*" responses from the 1990 questionaire and the reasons vhv .le Council is requesting a citizens' committee. 1. Council should consider offering the Ziesmers the alternative of constructing an interim trench drainfield system at minimum cost, with an overflow holding tank, which nay be more cost effective as an Interim solution than construction of the full mound system. City staff would work with applicant to ensure reasonable standards for such an interim repair. 2. If Council wishes a citizens* committee. Council should authorize staff to draft and send an update letter on the project questionaire and request applications for a citizens' committee for appointment at the May 13th meeting. The Council could then determine between now and May 13th under what specific goals, procedures, and timeframe you wish that citizens' com<nittee to operate. MPG/tln r. 41591.3 TO: FROM: DATS: Mayor and City Council Mark E. Bernhardson, City Administrate April 15, 1991 V ^Oj- SOBJBCT: City Facilities % Attachment: A. Facilities Committee Information Packet Dated 4/11/91 B. Draft Schedule for Construction ISSUE 1. Present the informational packet transmitted to the Facilities Committee for their April 29, 1991 scheduled meeting. 2. Present to Council further information related to potential lease purchase and how that ties into a potential scheduling that is included in Attachment A. IHTRODUCTIOH - At the Council's April 4, 1991 Council meeting worksbe^ they requested the Facilities Committee to meet with Mr. Steven Wilson and Mr. Bill Stubbs. In preparation for that meeting a draft recommendation review was prepared by Mr. Steven Wilson. In addition, in response to Council's request, a schedule related to the public works and any potential referendum was prepared by Mr. Jack Boarman. It is the expectation that the Facilities Committee will prepare a recommendation for approval at their April 29th meeting and that will be transmitted to the Planning Commission for their consideration of the matter at their May 6, 1991. These two recommendations would then be brought to the Council at its May 13, 1991 Council meeting. Issue 12 - Based on a fast track approach for at least construction of a Public Works facility in order to not have to utilise a temporary facility, based on Mr. Boatman's current schedule. The City may still be able to preserve the lease purchase for a Public Works building in order to maintain its bear financial posture. The City could, during the review process, undertake establishment of a Housing and Redevelopment Authority, Economic Development Authority or a Building Authority of which Council could appoint itself as the Board and use this as the vehicle for doing a lease purchase essentially with itself. While not legally critical, that Board could either be established prior to construction or could be established at some point after construction and purchase the facility from the City and then in turn finance it and lease it back on a lease purchase to the City. If levy limits continue for next year such payments to an HRA only would be outside the levy limit. ALTERNATIVES • 1. Accept the information i • ■- - - - - - - - - - - JS. I'; p.~ [•■■'tj; ■ f V 1 ■ ^. '’ c . '•-•' \ : •• ¥'• '' '|v -:■ ■ v ' f: r'-■■.■'■:■ r ■; ‘ L-'"' f'l ■ '• .•. ^» : ri‘ St •-■i' I 2. Make any comments 3. Table for further discussion. RECOMMENDATION - It is recommended the Council accept the information and make any comments they may choose to further pursue the lease purchase for public works. PROPOSED MOTION - Moved by seconded by Council accept the information from staff and table further discussion until receipt of recommendations from Facility Committee and Planning Commission at its May 13, 1991 Council meeting. Ayes Nays cc:Jack Boarman, 222 North 2nd Street, Mpls 55401 Department Reads ..., ■> — i- ,-',V rff V- M ORONO3 CITYof ORONO/ Pr t Office Gfi*CfVstal Etay, Minncaota 55323•Municipal OfBcaa On the North Shore of Lake Minnetonka April 11, 1991 Dear Facilities Cononlttee Member: On April 4, 1991 the Orono Council conducted a workshop with directed by Council to meet again to formally recommend a fite location only. In addition, Mr. Steve Wilson, a Committee Member, was appointed to chair the meeting. Steven has prepared a draft of a recommendation for your review. The Facility Committee will meet on April 29, 1991 ^t 7:00 pjB. to review and change/approve the attached recommendation to be submitted to the orono Planning Commission for their meeting on May 6, 1991. - If there are any questions, please call me at 473-7357. Sincerely, JU./if ^ John R. Gerhardson, Public Works Director JR6/tln Attachments ■UILOING a 20NINC > 473-7MT AOMINtSTIUTION a FINANCE - 4T3-7}» EAX-47M91* PUBLIC WORKS - trvnsi i !■ I; C=S I y# Draf^ RFPnRT OF THF. QRONO TTTIZENS FACILITIES COMMITTEE I. Format- ion /Purpose. In April of 1990 the Orono City Council appointed an eighteen (18) member Citizens Facilities Committee composed of a diversified group of Orono residences. The Committee was charged with recomitiending to the Orono Planning Commission and Orono City Council one or more s.^tes for location of a new City Hall and Council Chamber, Police Ltation and Public Works Office and Garage. II. Process. The Committee met six (6) times, on May 10, 1990, May 24, 1990, June 14, 1990, July 26, 1990, August 22, 1990, the latter being a joint meeting with the Orono City Council, and on April 29, 1991 to write its report. Committee attendance at the six (6) meetings averaged in excess of seventy—five percent (75%). The City's facilities consultant. Jack Boarman of Boarman & Associates was present at all meetings to assist the Committee. Mark E. Bernhardson,^City Administrator, was present at most of the meetings. City staff including employees from administration, police and public works were available as needed. The Committee determined that in ord' r to make site recommendations to the Planning Commission and City Council it was necessary for the Committee to become familiar with the present City facilities, existing and projected City needs, new city facilities of comparable communities and proposed City facilities sites. III. Findings. Based upon its review the Committee made the following findings: 1. New City facilities are necessary. The existing City Hall has an inefficient layout, is too crowded and has no room for expansion. The existing Public Works Garage has deteriorated beyond repair (recently structural problems have surfaced in the Public Works Garage which will require construction of a $50,000 pole barn to serve as a temporary Public Works Garage if a new Public Works Garage is not commenced immediately). 2. The ideal site for City facilities would have the following characteristics: ^ * —P (a) Easily accessible to the public. i:i/aif 1 C£!= ft' ■"> i' Ly UU Lai U (b) Not in a residential area. (c) Does not take residential property. (d) Easy to direct people to. (e) Near public facilities of a similar nature. (f) City utilities available. (g) Large enough for a campus of facilities with room for fiitur© n©©ds ds y©t: und©rmin0d* (h)Open for building expansion and growth. The Comoiittee determined that there are operating cLt savings and morale benefits to City employees l“mioSattoA o? a cTty l^n. Police Station and Public Works Garage at one location. The Committee discussed at length the desirability of havino a central location within Orono for City facilities. The consensus of the Committee was that prominence of ease of access to the City facilities were more important than centrality. TV cit-ft Review. The Committee reviewed five sites which the coniultint anS “ty staff had preliminarily f^e^ined to be available without condemnation and feasible fo. location ot or more City facilities. The five sites and the Committee's review findings are: The ^H^r^Ln le^er for pluses. County Road 15 (adjacent to Hennepin County Public Works). This site also meets all ® criteria but there was little interest in the site. . site was considered to be somewhat small and access seemed to be somewhat difficult. The site provided no real identity for the City fac--i.ties or for Orono. mm ‘ifuu iAi u -2- ._ _ _ _ _ _ _-*■ .j 1; ■ W- •' , : ‘i: t I- rb“ P:r; lb ife G£h3 m-v't-vr ' ■ ^-- .-ry- ■ -- - • (c) South Brown Road (Existing City Hall). The site is too small upon which to locate all City facilities. Even its size for the proposed location of a City Hall and Police Strtion (without a Public Works Garage) is marginal without acquisition of several residential properties and/or variances. There is some concern that a lacger City Hall will create additional traffic incompatible with the surrounding residential area. (d) County Road 19 (Sewer Pond Site). The Committee felt strongly that this site was far too residential and use for City facilities would be inappropriate for the area. (e) Old Crystal Bay Road (Old Sewer Treatment Plant). The Committee felt strongly that this location was far too residential and that use for City facilities was inappropriate. The economic advantage that the site was owned by the City is offset by the economic disadvantage of the need for expensive water/sprinkler support. V. Barommendation. It is the unanimous recommendation of the Committee that the City acquire the Old Crystal Bay Road site for developm^. of combined City facilities incJuding a City Hall, ~ Police Station and Public Works >arage. April 29, 1991 Orono Citizens Facilities Committee Nancy Walsh Gretchen Menzel Gabriel Jabbour C. Steven Wilson Morris Nelson L. Bill Stubbs Dr. Robert Gehrman Mary Smith Alice Dervy Marvin Kramer Thomas DeVeau Craig Christensen Larry Lin«^berg Marsha Rokke Charles Krogness Helen Hauser George A. Johnson Robert Minkema C. Steven Wilson, Recorder 1943s -3- n fe- :i . FACILITY WORKSHOP MEETING APRIL 4, 1991 - 6:00 P.M. Members present Mayor Barbara Peterson, CounciImembers J. Diann Goetten, Ed Callahan, Gabriel Jabbour and Mary Butler. Planning commission members Charles Kelly, Ed Cohen, Maureen Bellows, Candy Rowlette, Jim Hanson, Sara Moos and Jeff Johnson. Citizen Committee members Morris Nelson, Steven Wilson and Bill Stubbs. Staff members Mel Kilbo, Jeanne Habusth and John R. Gerhardson. Architect Jack Boarman and residents Curt Quady and David Peterson were also present. Mayor Peterson opened the meeting with a brief explanation of wh the meeting was called and then asked for introduc .ion from everyone. Jack Boarman explained the process briefly as to what had happened previously and that after several meetings the site g^Xection was reduced to three sites; Crystal Bay/Sewer Treatment PXant, Crystal Bay/Highway 12 and Highway 12. Jack explained some of the costs related to each site and then opened the meetlRj for discussions and questions. Af.er brief discussic the Pl2Uining Commission and Citizen Committee meiuhers asked what was next. Gabriel Jabbour wanted a recommendatio from the Planning Commission and the Citizens Committee in written form about site location only at this time and suggested Steven Wilson be the Chair of the Citizens Committee. Ed Callahan stated that perhaps tonight vwuld be a good time to vote on the site he felt we did not have to wait any longer. j '‘.V si S - r :::.-: ■ m‘\y liMk WA: ;-;‘v k'- : AA- ■ iiS**-; ;,-v ■f: ,v>: m\ p^-^y . e •*• .: f-^, ■• i -w lAA ■: Si""te m^- Uf:Z"nm- '•u^y J. Diann Goetten felt that the Cititens Committee must meet one more time to select a site only and most important the Planning Commission should have a meeting to offer their input regarding the site selection. Discussion followed regarding financing and having a referendum vs not having a referendum. It was concluded that the Citizens Committee would meet on April 29th, the Planning Commission would consider the matter on May 6th and the Council would act on their recommendations on May 13, 1991. Gerhardson stated that a schedule would be prepared by staff to give to Council on Monday, April 1991. The meeting adjourned at 8:20 P.M. i Y-M: ;’' (r'?’ •C;i' , .’ hr: \ -\ ‘t f-y fi.'' E'i * ^■' jS'‘‘:‘ I.,,. !.V‘ it^ y'iI; A' ■, N:m ^v- > :*; : V.' V SsK 'r' '■>ii '■ APRIL *4. 199 6:00 P.M. South -Alice Der^ 2559 tf9^c Avenue IJayfata •HiosiO DeVe^n^ • e Robert Gehrinan 4300 Sixth Avenue North Lon9 Laker MM 55356 Helen Hauser 475 Perndale Road North Wayzatar MN 55391 G4brfer4.abb$)lt ! MN 55356 George A. Johnson 879 Bro%m Road North LMig Lake» MN 55356 Marvin Kraner 840 North Shore Drive West Moundr MN 55364 C'\*.lXfis Krogness _ItiS nTTiini Heiil^niirh Long^tai^ !4N 55356^ Larey Llndberg 865 Perndale Road W Wayzatar MN 55391 Gretchen Menzel 4210 Porest Lake Drive Hound* MN 55364 jbbfct Minkema/^ 3200*‘'B«3UL^Long La5^H«..,.45^56 Morris Nelson 1900 Shoreline Drive wayzata* KN 55391 1 HMahaRokke 180 Urofid *tec0ard feoad South Wayza^Ar'^^N 55391 If*,:- fe ■ CONTINUE ATTEND 4/4YES NO YES NO o O o V 1 7 s '1 7 7 \ * A »o.o kj S 7 1 1 YES NO « •— %T'.n il *« YES ♦ « t T Cr. P.ccar" Je/.rr.ar.4 30 C S ix-h -\"e • _ -j ^ , LOUQ LuX2/ • C 2 -2 c Hsl^n HciUS6r 475 Ferndale Road Nor Wavzara, MN 55391 4.^* George A, Johnson 879 Brown Road North- Long Lake, MN 55356 Larey Lindberg 865 Ferndale Road w Hayzata, MN 55391 Gretchen Menzel 4210 Forest Lake Drive Mound, MN 55364 Morris Nelson 1900 Shoreline Drive Hayzata, MN 55391 iary Smith 515 Ferndale Road North Hayzata, MN 55391 Bill Sttibbs L85 Old Crystal Bay Rd. N. Ciong L^ike, MN 55356 Haney Walsh 1390 Rest Point Road Mound, MN 55356 C. Steven Wilson 2485 North Shore Drive Wayzata, MN 55391 F.* CURRENT ME.MBERS I • c t ^ ^ ^ ^I n % Cy:*.ayor and City Council , '' <P ^Mark E. Bernhardson, City Administratdlt, .'\ 'v^_ v'o April 18, 1991 ^Q/$ ^'dSUBJECT; LMCD Comprehensive Plan TO; FROM: DATE:% Attachments:A. LMCD Memo Dated 3/28/91 B. LMCD Letter Dated 4/2/91 C. City of Wayzata Letter Dated 4/12/91 D. Draft of Principles - City of Orono ISSUE 1. Present to Council updated information on LMCD 2. Present a draft of principles as potential basis for presentation to 14 cities if it is philosophically representative of the Orono concerns. 3. Update Council on meetings and status 4. Update Council on shoreline regulations. INTRODUCTION - At Council's April 8, 1991 meeting Attachment A presented t"he principle's draft from LMCD. Attachment B represents the transmittal of those from LMCD sent subsequently to the last Council packet's transmission. At that meeting Council indicated staff could proceed to market the position presented at that meeting on surface use. The meeting hosted by Mound was held on April 17, 1991. The primary focus of it was shoreland regulations with little discussion of other issues. The City of Wayzata has transmitted their additional thoughts setting a meeting of the 14 cities for 4/24/91. (This has been tentatively rescheduled to 5/1/91.) DISCUSSION - Issue #2 - Attachment C. is a collaboration of primarily Councilmeraber Callahan ’s work together with CounciImember Jabbour and myself. This is presented to see if this represents the philosophical views of the Council If so, it will be transmitted to the other cities in advance of the next 14 cities meeting. Issue #3 - James Uttley of the Metro Council staff has been working to redraft the original agreement that had been prepared in order for the LMCD to gain shoreland grants on behalf of the 14 cities. His modifications change from having LMCD as heading a "Technical Committee" to having DNR as convenor of an informal review group with LMCD as an equal participant with the cities. Mr. Uttley has requested a meeting with Orono to discuss his most IM I Hit— r ^ I Sr. r‘- recent draft of the agreeoient to determine Orono's concerns pggaj(3ing proceeding jointly and see if they can be accommodated. The issues outlined to him include: * Potential loss of Orono's "rights" under the shoreland regulations of DNR if Orono proceeded separately. * Duplication of effort for Orono to deal with this format forLake Minnetonka and a different format for the rest of the lakes in the community. Orono has three choices for proceeding, they are: 1. Jointly with the other 14 cities receive a grant under an amended DNR agreement. 2. Proceed separately with DNR attempting to get a separate grant. 3. Proceed separately with DNR but not obtain a grant to assist development. The City of Orono submitted an individual grant reguest based on a separate direction and this is being held in abeyance by DNR pending the results of Mr. Uttley's work. At this stage of Orono's regulations development, any of the 3 could be selected with no duplication of work done to date. This may change in a few months as the joint opportunity may no longer be there. ALTERNATIVES Issue #2 1. Concur 2. Amend 3. Table Issue 14 1. Discuss 2. Give direction 3. Table RECOMMENDATION - The Council after discussing the issue direct a paper plus any amendments be transmitted to the other 13 cities. Additionally it is recommended Council identify concerns and issues related to a different direction to be taken on the shoreland grant, if any. Staff continues to work independently on its shoreland regulations. PROPOSED MOTION - Moved by , seconded by , Council accepts _ - - . ... m • . _ __ _____^information related to LMCD and gives staff direction on the state of principles and shoreland grant. Ayes __, Nays __. cc: JoEllen Hurr, 930 Partenwood Road. Long Lake 55356 r >1 * 0 TO;•f-•ayor 2nd Citv Council ' '' ‘■•ark E.-’«-.nnardson , r’■*••• DATS. w '■••!arch 28, 1991^— V- r SDBJBct.- Utm comprehensive J.an Attachment; ISSUE B- L‘MCD Revised Dc!f^^Dat^^^1 V20/91 ConsulUntI (?«pared bv C- Request of the D- I’MCD/tist'or^fn^i'’;'®"'''^'® '-’s®Adopted 3/23/5J ‘he c‘om^reS“^?ie\e?/«^ -formation reqordinp p„pres 2. Preeenr_____ Pfoqress on2, Pro * ^ P*05reso on paper to”be ‘discussion possibT asi rsnS,«,:;;;::Xast ti anS balance: oTlt?' °eLe'’co i1 prepared in advance amf^ Provide that ^i^y Clerk eisned the resolCtior"* f®"‘ ‘he orlc-Jnal ei' This was fJorn^S"’ "« indicated' last tlml had meeting. ^“achment D represents t.^e Ve^daahouYd”do • orsscssrojj - of the"7 citFea Information and Proo. to indicate thei^i^ represented^ in addftT March 27th 7 ‘^V^e'etlSr" ?t ‘‘e\thtr‘s?sto d?Fi exclude them bnr indicated thlt th ®® ‘elng CO discuss their original a ^ *^ss not an ‘o the other / cFtf«*°" v‘’*^«e thly Use aU'= “ey SeldeS ??**^n? that ail 14 .‘AV would be the *iU* Present this then discuss if m.* would be inwif-«^* iotent of the nov^ together with determi *•” acceptable aDoro''**k^*’®‘ eii 2 4 could ■owing forward. “hat other issuel the _?m* 2‘eml Wdltlona,,.. _ . -=“lea had before "9 it. During the Aair ~i p-'* — *■ ^ 1 *• -a ^ <athsLZ thers was a ne^sc tc C3«ir*3 --2 i“Dia;i^ t: was not just a plan that could be amenaec at will basea on. A ve^-o Council staff .tetio which indicated they nad jurisd'iction and could suspend all or parts of the plan that thay felt* were not appropriate. B Even if that was not the case, the "stonewall r;sponses given to many of the 8 cities oojections going back even a year to a year and a half indicated that there mav not much hope to get the plan amended one- it is adooted. In many cases the response from LMCD was not one of attempting to work out tne situation by LMCD but rather told why the individua- cities positions were wrong. a«* indicated the next step would be a meeting which is tlnta^ively secheduled for April 10, ^^^l of all 14 cities and that Dceparation for that CounciImember Callahan has indicated to revise the prepos philosophy in line with discussions from the March 27th meeting together with putting wlethet a goals and objectives outline, which would be used as a basis for further redraft of the plan. While the 8 Cities were meeting r'i"^^e"a”bre%on«p\'’u%\ThiTo%op^ for the plan tevision^ Additionally they conceptually “^teed to a cevisiwi o shoreland regulation agreement. (This drafw language wii.. submitted separately.) Issue #2 - relate3”to to "market surface use intent of approach to Attachment C is a draft for possible position paper *o“h» %rt!; s “as %o 1t^"mip'=o fn% tr ^^irttr paVr u no^^Vro%o^”“an;%!feVn>t ^vl that one presented in the LMCD's Comprehensive Plan. ALTERNATIVES - ir Issue >1 ” 1. Accept the information as presented. 2. Ask any questions. 3. Table for further discussion. 4. Determine if LMCD list of principles appropriate basis for discussion. Issue #2 - Position Paper/Surface 1. Adopt as presented. 2. Amend and adopt.3. Table for further consideration. is recommended after Council has discussed or concerns they may have that they adopt the RECOMMENDATION - It any question position paper to be transmitted to the issue of surface usage. the other cities regarding PROPOSED MOTION - Moved by Council acceptsseconded by _ the information regarding updated status on LMCD’s Comprehensive Plan and that they direct staff to transmitt the position paper on surface use to the 14 cities. Ayes $ Nays LAKE MirjNETOrJKA CCr.SEPVATION DISTRICT April 2, 1991 TO: LMCD Municipality Mayors LMCD City Administrators FROM: LMCD Chair Dave Cochran Executive Director Gene Strommen h. A Mr SUBJ: Long Term Management Program Review Progress L M C U k Underlying Principles of the Management Plan generations. rnORDINATING PRINCIPLE: In order to manage the resource wisely, the disparate managing .trp =r:.-o^ realize the common vision of Lake Minnetonka. providing the focused VIEW: LMCD believes that it has the unique responsibility of the vision; the entity charged with helping other entries, having much COORDINATING MANAGEMENT STRUCTURE: The LMCD recognizes that its authority is limited orimarily to the waters of the lake, but its responsibility extends to making sure that a is structure e.xists for Lake Minnetonka. 1110 LMCD s management Z is in^ to^erve as the vehicle for advancing the LMCD’s idea for a coordinating manacement structure that can wisely manage the Uke resource according to the commonly shared visioifof the Lake. The plan itself has no power to force any entity to P*!?"*" The LMCD is not advocating that it be given any new authority. The LMCD s idea for coordinating management structure has not yet been fully developed. IMCD STRUCTURE; The LMCD desires to develop a closer working relationship with us constituent cities, as well as other government bodies and agencies having authority over the lake an its immediate environs. The LMCD proposes to maintain its present membership structure and no to expand the board to include representation of any other entities. LMCD FUNDING; The LMCD’s plan will attempt to identify Lake Minnetonka •'csou manacement activities and projects both near term and longer term, and to the c.\tent possible the costs Lsocialcd with those activities and projects. It is the intent of the LMCD that the coordinating management structure prioritize the activities and projects, identify appropriate funding ^ourew. an work to secure necessary funding. In addition, the plan will establish a multi-year budget for the LMCD itself. The LMCD proposes to continue its own funding sources. It will seek the n vice on consent of Its constituent cities for any changes in taxing authority . SHORELAiNO PROTECTION: nic DNR has csiablished minimum standards and criteria tor the subdivision, use and development of shorelands. TTic L.MCD's draft L*>ng Term Manaeemci.' I’r(\i;ram proposes shorcland management objectives. Appendix C contained in the draft represents an acceptable alicrnaiive to the DNR Shoreland Standards that the LMCD shoreland management ad%isor> committee negotiated with DNR staff. It has been specifically tailored with certain allowances from the DNR to fit Lake Minnetonka. LMCD recommends it to member cities as a model for their shoreland ordinances. Concern has been expressed that Appendix C might be used as *the standard* for LMCD review and approval of individual city shorcland ordinances. The LMCD does not approve shorcland ordinances. If a city’s Shoreland ordinance is in strict conformity with DNR shorcland standards, the city could proceed to adopt the ordinance and submit it to the DNR for review and approval without delay; alth .>ugh it does not need to do so until December 10, 1992. If a city desires to adopt a shorcland ordinance that is not in strict cenformtty. it must solicM input fro.m the public and other affected governmental bodies. In addition, the alternative shoreland controls must be approved or disapproved by adjacent lake cities. Tlic DNR interpretation of its rules suggest that the "approval or disapproval by adjacent lake cities* does not obligate the DNR Commissioner to approve or disapprove the alternative ordinance language, although the Commissioner will undoubtedly consider the aaions of adjacent cities in making final determination on any alternative language proposals. The LMCD has agreed to serve as a conduit for DNR grant funds to cities, which DNR sought as a means of lowering its grant administration costs and reducing staff time devoted to grant administration. In return for serving in this role, the LMCD will receive a grant from DNR for S15.000. The grant will be used to offset the LMCD administrative expenses (estimated to be at least S3.000.00) involved in serving as a conduit and as a funding source for hiring a consultant to assist member cities with tcchniatl questions regarding their ordinances, particularly any variations from strict conformity to the DNR shoreland ordinance standards. The LMCD’s agreement with DNR creates a Technical Committee to be made up of one city staff or consulting staff person from each city (or elected official) familiar with land use and zoning issues to review- each city’s shorcland management ordinance and proposals for alternative shoreland management smndards. It is intended that the Technical Committee will perform the role required by DNR rules of a public review of individual dty alternatives to the strict DNR shoreland standards. Tlie Committee might make recommendations to the sponsoring city for alternate language, or simply identify issues that it believes may result from the proposed language. In any event, the Committee will have no approval or disapproval authority over the proposed ordinances. Following completion of the Committee’s work, each shoreland ordinance that contains alternative standards will need to be submitted to affected adjacent cities for their approval or disapproval as required under DNR rules. It is hoped that the Technical Committee will be able to resolve outstanding issues among adjacent cities, allowing the approval process by adjacent cities to occur without controversy. The LMCD is reassessing the language in its agreement with DNR to determine whether changes can be made that will enable all 14 cities to enter into a joint agreement with DNR, allowing the LMCD to continue to serve as a conduit for the money as the DNR originally intended, while assuring all of the cities that LMCD s role is supportive to and not controlling of the cities. AffTMd tpjr tlM LMCD Ooord V27;9L KECEIVEO APR 2 1991 M.C.D Ti 0 ,^r' QTY COUNCIL Robcxi D. GisvoIU Mayor Robert P. Arabroic Rktiaid C Harmon F. Ptier llcrfurili Gregory D. Kyc lOJl enter CNCNO uiii^Siiuwu Allan Orten City Manager APR 1 5 MEMORANDUM TO: FROM: DATE: RE: LMCD Member Cities Robert Gisvold 12 April 1991 LMCD Long Term Management Program for Lake Minnetonka The LMCD at their 27 Marci. 1991 meeting approved a list of underlying principals for the Management Program. Representatives of a majority of the LMCD member cities also met on 27 March 1991 and agreed to a revised draft of the Management Program that addresses many of the concerns expressed. Although the LMCD and the cities are closer in their basic philosophies relating to management of the lake, there are numerous other areas of concern that have not been specifically addressed by the LMCD (see attachment). A review of the revised DNR Shoreland Grant Agreement comparing it to the first draft is also found as attached. A tentative meeting date of 24 April 1991 at 7:00 PM in the Wayzata City Hall, 600 Rice Street, has been set for the 14 cities, the LMCD, DNR, and Met Council representatives to meet ant' further discuss the LMCD Management Program, underlying principles statement, and the Shoreland Grant Agreement. It is hoped that a consensus position can be achieved through the joint and simultaneous consideration and discussion of the Program and Grant Agreement. To the eight cities that have received a copy of the revised draft of the Long Term Management Program for Lake Minnetonka, please find attached revisions to the document as discussed at the 27 March 1991 meeting. An outline and revise^ preface will be prepared by the C .cy of Orono and sent under separate cover. To the six cities who have not received a revised Management Program, a copy is attached for your review. REVIEW OF LMCD - UHDERLYING PRIIICIPLES OF THE I-IAHAGEMEUT PROGPAI4 LMCD CITY’S Guiding/ Coordinating Principles Providing the Focused View Coordinating Management Structure LMCD Structure LMCD Funding Shoreland Protection LaKo Minnetonka is ^ unique and sensitive natural resource. A common vision of the Lake is necessary for all managing authorities LMCD Program should be veh’<~le for common vision of Lake Minnetonka LMCD is not advocating that it be given any new authority LMCD proposes to main­ tain present membership structure and not expand the Board to include representation of other entities LMCD proposes to conti­ nue its own funding sources and will consult constituent cities for changes in taxing authority LMCD Appendix C is a model for shoreland ordinances Cities agree with this s tatement LMCD Program will need to be revised more in line cities’ visions before providing common vision Cities agree LMCD should not be given new authority Cities agree to maintain present membership structure Cities agree to no change in funding sources or taxing authority at this time State-wide Standards for Management of Shoreland . Areas should be used as the model for shoreland o rd i narices Other Ma1or issues Identified by Cities but not Addressed by LMCDj 1. Preamble and amendment to process - pages i and 4 2. Qualification statement - page 4 cn oi 3. LMCD expanded coordination/review functions - pages Jb, bu, yi, 102 4. LMCD staff increases - pages 21, 66 aid 78 5. Recall provisions for LMCD Board Members - page 90 6. LMCD to provide background information: (a) Surface water usage/density (b) Shoreland inventory data 100, F r.' ; REVIEW OF DtIR SHORELAMD GPAllT AGREEMEIIT FIRST HRAFT - DECEMBER 1990 introduction/whereas I. LOCAL GOVERNMENT RESPONS U. ILITY A. Cities Responsibility 1. Shoreland Adoption Documentation of Costs Representation to Technical Review Cc mmittee Participation in Technical Review Committee B. 2. 3. 4. LMCD Responsibility 1. Local Government Coordination 2. Ordinance Certification Checklist 3. Payments to Cities 4. Documentation of Actual Costs 5. Return of Unexpected Funds 6. Return of Grants to Cities 7. DNR Review cupRcrr:' draft A RID 1L Same Same Same Same Same Additions 5 6 . Ordinance Certification Checklist for Submission to LMCD and State (page 2) Clarification of Authority Section (page 2) Same Same Same Same Same Same, Plus a provision that Grant Funds shall be returned to the State by December 31, 1992 (page 5) Same Additions Provisions for: - Ordinance Certification Checklist (page 4) - Designation of Technical Representation by LMCD (page 4) . . ^■- Identifies LMCD Participation in Technical Committee (page 4) FIRST DRAFT - DECEMBER I99_0 UHREMT DRAFT - APRIL 199J. II. GRANT . . A. Grants to Cities 1. Initial Payment B. Giants to L.MCD III. SPECIAL PROVISIONS Provisions 1~4 5. Ordinance Review 6. Technical Review Committee a. Representation b. Review Procedure c. d. e. f. g- LMCD as Meeting Facilitator Flexibility Review Meeting Notice Review Process IV. TERM V. TERMINATION Same Same, plus provisions for: - Subsequent Payment - Final Payment (page 5) Same, plus provisions for: - Initial Payment - Final Payment (page 6) Same , . Eliminates language cities coordination with^ LrlCD on ordinance adoption (page 7) Same, plus provisions for Minnehaha Watershed District and MetropoUtan Council representa­ tion (page 7) Removes reference to ordinance consistency with LMCD Management Program Requirements (page 7) Same Same Same Sami, plus Committee will complete its work no later than August 10, 1992 (page 7) Addition _h. Adds provisions requesting cities to provide draft copies of affected adjacent cities (page 7) Same Same r p ip Q fr S? PREFACE The original LMCD plan and its subsequent redrafts which were submitted to the Metropolitan Council had significant portions of which a majority of the cities on behalf of their councils are on record as opposing. The plan has had however, at least the tacit support of DNR, Hennepin County Parks, and Minnehaha Creek watershed. This was not on the other hand a formal endorsement of it by those agencies nor did it represent a commitment to ensure their future support. This document represents the philosophic direction of the 14 cities of LMCD which they feel should be the basis for L!!CD's comprehensive plan. Since the other agencies have authority and responsibility in Lake management they desire that LMCD's document be more than just a comprehensive plan for LMCD. They want one that addresses all lake and lake related issues in a cooridnated fashion. Metropolitan Council in particular desires that the plan be the basis for a memorandum of agreement to define who is responsible for specific aspects of lake and lake related management. Such an agreement must be within the context of the existing statutory and common law (or a program to develop needed legislative changes.) Since these two major groups overall objectives are not mutually exclusive, it is the intent of this document to serve as a basis to develop a common vision and resolve the major issues among the agencies prior to redraft of the plan. PURPOSE AND GOALS While statutorially based, LMCD is an agent of the 14 cities in the management of the lake. This role as agent is derived from direct appointment of the Board by the City Councils and it was the cities who provided the impetus for its creation in 1967 in order to: 1.) Protect the Lake as a natural resource; 2.) Conserve and improve where possible the environmental quality of the Lake; 3.) Prevent pollution of the Lake of all kinds. including degradation of the quality of lake use and experience, and non-surface pollution such as milfoil, the presence of excessive nutrients etc; 4. ) Ensure safe and reasonable use of the Lake; 5. ) Prevent unreasonable and excessive impact upon the shoreland residents from lake use. The LMCD's purpose is to carry out these mandates. 7. f: The LMCD's functions and responsibilities relate solely to lake matters. Therefore, it is in the best position of any single agency to serve as a coordinating and planning agency for environmental protection of the Lake. Because the DNR on a regional basis and the individual cities on a local basis have, or have asserted, jurisdiction over shoreland, and because the LMCD has neither the funding nor the staff to deal actively with those areas, it should refrain from doing so. The use of the shoreland influences Lake Minnetonka and those who use it in the following ways: a. ) Level of access and use b. ) Water quality c. ) Water quantity d. ) Aesthetic appearance LMCD, apart from specific areas in which the lakeshore cities also have concurrent jurisdiction such as marinas, public access and docks, public beaches, etc., should not be involved in regulation of the shoreland or in promotion of goals of any other agencies. While the final plan for the Lake ma^ address responsibilities and implementation objectives of other agencies it should clearly define who has authority for each objective and not make LMCD explicitly or impliciately responsible for objectives for which it has no authority. If LMCD undertakes objectives on behalf of regional or State agencies it has transformed itself into an agent for them rather than the 14 cities. s i; ISSUES SURFACE WATER The LMCD is universally recognized as being the "manager" of the surface of the Lake. The plan does or should recognize: a.) That the present density is 1 boa*- per 8 usable acres. (This is considered equivalent to 1 boat per 10 actual acres, but is the preferred standard of measurement because it permits acknowledgement of the effects of drought, milfoil infestation, or other relatively shore-term ecological events on the optimum boat poplation at any time) and the "peak" density is 1 boat per 5.2 usable acres. (The usable navigable acreage should be adjusted annually based on lake level and be reduced by impediments such as Milfoil.) b.) It should recognize that well over 700 free car- trailer spots do exist on Lake Minnetonka but that they do not meet the DNR criteria as far as proximity or guarantee in the future. It should also recognize that if the public desires to have than 700 "public access" boats on the Lake it can gain access. The issue is one of properly acquest ion to substitute for "non-qualifying unsafe spots" not new spots. The thrust of DNR should therefore be the acquisition of off street properties to provide better proximity and safety without acquiring existing homesteaded residentes. c.) That at the very least the levels of usage just described will exist as soon as water levels return to normal, and, in fact, will certainly increase unless checked. d.) That some bays are already overused and some usages such as sailing may be being crowded off the lake. e.) That more than 50% of the boaters (not the lake shore residents, but the users) are dissatisfied with their recreational experience in one or more ways. (Views of residents have not been surveyed.) II tiir To address this LMCD's plan should establish a maximum average and peak density and should undertake measures which will not exceed those maximums. To implement this LMCD should use as the primary methods of dealing with these issues; a.) Linking increase in boats using the Lake by controlling any increased access (which it has the authority to do). b.) Only allow increased access after increased enforceraen': of stricter controls and other implemented measures have proven effective to limit problems on the Lake. c.) Strong and increased emphasis on safer boating practices through education and possible licensing and actual enforcement of existing rules. d.) To limit "aesthetic pollution" and increase safety, LMCD should adopt and enforce rules related to noise pollution, quiet water, speed, wakes, etc. e.) Parallel attention is necessary to winLer-time uses, such as ice houses, snowmobiles, etc. f.) Different types of boats and boating activities have different impacts on the environment, (e.g., fishing, sales, jet skis, "party" boats, various-sized power cruisers,) and further study is needed to determine that effect and perhaps tailor the controls. But as a general objective, all types of use should be considered desirable, absent compelling reasons to the contrary — though not necessarily all uses in each specific spot. The method of determining current density should be specified. This method will also be used in measuring future density changes and the beginning of additional controls. Because it is believed the general use of the Lake will increase as a trend, once additional limitations on access or other use have been put in place, they should not be relaxed because of "temporary" decline in usage. t h iyU: There is no evidence that those who wish to use this lake are unable to do so at present/ although as stated, those who actually get out on the lake often have less than satisfactory experiences. It is presumed that unless further education and safety regulation is successful, dissatisfaction of users will inctease proportionately with the number of boats. SHORELAND MANAGEMENT As stated before LMCD has only limited authority on shoreland management and should not be further involved. There is however, the possibility if the 14 cities request that LMCD could serve the limited role as as the funding conduit for the cities to work together in development of each cities shoreland regulations. This joint fashion would have DNR a convenor and the authority in the process. LMCD should however, participate and review and comment on comprehensive plan a city submits to Metropolitan Council as to the extent the change from the existing comprehensive plan may have on the following items: a. ) Lake quality b. ) Lake quantity c. ) Access and use d. ) Aesthetic apprearance While LMCD does have selected on shore authority it need not and should not actively promote increase access as an end in itself, nor permit it except with the context of this plan, but rather should consider the environmental consequences of any proposed actions by any party or agency. OTHER AGENCIES METRO COUNCIL The LMCD has no authority to dictate the conduct of the Metropolitan Council concerning this document. On the other hand, to the extent that the document deals with plans and goals specifically related to the LMCD jurisdiction, the LMCD believes eJ ; *. the Council has no control over it even in the context of reviewing and commenting. The extent of Metropolitan Council’s authority should be specifically defined in the plan. If there are areas where the plans of the LMCD as an agency appear to conflict with any over-all directives to and authority of the Metropolitan Council, LMCD expects that discussion and cooperation will eliminate those conflicts. 3ut it does not believe such conflicts exist here. In the areas in which coordination and cooperation between governmental agencies are required, it is hoped that the Metropolitan Council will agree that the LMCD is the proper coordinating agency for lake management. As such DNR should cede to LMCD its authority of the Lake bottom and everything between the surface and the bottom. A dicotony on managment of surface from the rest appear to be duplication and is counter productive. Metropolitan Council should use LMCD's authority and prestige to see that agreements ultimately made with other interested agencies are carried out, e.g., that additional enforcement facilites are made available as needed, or that city comprehensive plans once amended to confrom to DNR regulations as agreed upon by the cities are followed, etc. DNR As mentioned it should cede its authority on the Lake to LMCD and Minnehaha Creek Watershed as appropriate. It should work with the cities to develop their individual shoreland regulations and once approved by DNR and adopted, it should then cede that role to the cites. HENNEPIN COUNTY PARKS While it is attractive to consider the lake as a whole as though it were conceptually a park or a preserve such as the wilderness area, the comparison is both superficial and erroneous. To the extent that parks are to be developed on the lake by the cities, counties or a park commission, these will be essentially land activities. The LMCD certainly does not discourage such development in principle, but each particular development will have both positive and negative environmental effects on the lake and lake access, which LMCD must deal with as appropriate. MINNEAHA CREEK WATERSHED DISTP.ICT U:'K II Irv ■L 1:1 It is not apparent that any substantial area of disagreement exists between these agencies or that any could exist in theory except at points where water flow into or out of the lake. The dredging permits and certain other areas need to be addressed, however. Consideration of 509 plan is necessary. GOVERNMENTAL STRUCTURE No change. Recall ability to be clarified to permit it FUNDING Local taxpayers should not bear greater property tax. A revised budgetary procedure should be put in place by LMCD to allow cities the opportunity to comment on the appropriations of the next year ’s budget and source and levels of funding. Any increased access or density should be proceeded by additional funding from the outside sources to improve the current situation. Any new sources which require legislative action specifically for LMCD should however, be avoided because of the vagaries of the legislative process. if S.‘ h^ : 15?1 // TO; PROM: DATE: Mayor and City Council Mark E. Bernhardson, City Administrato ^^0 April 15, 1991 % i SUBJECT: City Communications Attachment: A. City Communications Memo Dated 4/27/91 B. Draft Communications Plan/Annual Cycle ISSUE - Determine the means by which Council desires to communicate with the public as to; A. Types of communications B. Frequency of those communications C. Cost invested INTRODUCTION - At the Council’s April 4, 1991 Council meeting Attachment A was presented. Council, given the lateness of the evening tabled this item until the April 22, 1991 Council meeting. ALTERNATIVES Issue #1 - Types of Formats: 1. Workshops 2. Town Meetings 3. Newsletters 4. From the Council articles 5. Preliminary agendas 6. "Tonka Report" 7. Cable casting 8. Information Brochure 9. Other Issue 12 - Frequency/Topics - Attachment B outlines the matrix for a potential communications plan during the next year using the various media. RECOMMENDATION - It is recommended that after Council discusses it, give direction on which means of current communication they desire to continue and which new ones they would desire to implement. Further specifics will be brought back to the Council's May 13, 1991 Council meeting. PROPOSED MOTION - Moved by seconded by the Council after giving direction to staff tables further consideration until May 13, 1991. Ayes , nays _. cc: Department Heads r’- V. ¥ K-. f.-i ■ ' r r. /■' >• TO: FROM: DATE: _s \ *.i O'- Mayor and City Council Mark E. Bernhardson, City Administra t March 27, 1991 SUBJECT: City Communications Attachment: A. City Communications Dated 3/20/91 ISSUE - Determine the means by which Council coimnunicate with the public as to: desires to A. Types of communications B. Frequency of those communications C. Cost invested INTRODUCTION - At the Council's March 25, 1991 Council meeting Attachment A was presented. It was the Council ’s direction on a •Motion to Mull" that the item be continued until the April 8, 1991 Council meeting. ALTERNATIVES Issue tl - Types of formats: 1. Workshops 2. Town Meetings 3. Newsletters 4. From the Council articles 5. Preliminary agendas 6. "Tonka Report" 7. Cable casting 8. Information Brochure 9. Other Issue f2 “ Frequency/Topics — Attachment B outlines the matrix foe a p^e^ntial communications plan during the next year using the various media. RECOMMENDATION - It is recommended that after Council discusses its give direction on which means of current communication they desire to continue and which new ones they would desire to implement. Futher specifics will be brought back to the Council's April 22, 1991 Council meeting. PROPOSED MOTION - Moved by _, seconded by _, the Council after giving direction to staff tables further consideration until April 22, 1991. Ayes __, Nays cc: Department Heads T 31491.1 TO: FROM: DATE: Havoc and City Council Mark E. Bernhardson, City Adrainistratoc March 20, 1991 SUBJECT: City Communications Attachment: A. Strategic Development Issue - Communications with the Community B. Mound City Newsletter - Summer 1990 ISSUE - Determine the means by which Council desires communicate with the public as to: A. Types of communications B. Frequency of those communications C. Cost invested INTRODUCTION ~ The issue of broader communications was bro^ached back in TTO? with the result being the initiation of the occasional Mayor's Article series. The issue has again been raised and was included as part of the Strategic Development Issue document each of the CounciImember? has received. At the Council ’s March 11, 1991 Council meeting a format was presented by Sherokee Use as a reaction piece for a new newsletter. DISCUSSION - Attachment A delineates the various types _of communications that the City can undertake with the public. The primacy means discussed recently are as follows: A. Pub 1 ic information meetings (apar t from regular Council meetings) A. Specific workshops focused on particular topics such as Highway 12 or facilities. B, Town Meeting - Both public input and public information format has been discussed with an initial meeting set for April 6, 1991. B. New" o tters - The City of 0»-ono have over the years has 1 various formats tor newsletters. These howe»- have not been long lasting. The issue was disc u as an option during 1987. At issue are the follow.. g: Format Size Frequency Cost 4 City Communications March 2C, 1991 Page 2 of 3 As you will note in Attachment A an estimate was made back in 1987 on the per mailing basis for these. It is anticipated however the annual cost based on Mound's current newsletter are as follows: Part-time "Editor"/Assembler Printing Mailing $3,000 3,600 2, 500 $9,100 This does not include staff preparation time, which is a "no cost figure, but in fact detracts from other issues. It is anticipated that each newsletter will probably take about 8 to 15 hours of staff time in Qfigination anc review apart from production costs. The format and frequency may have an impact on that issue. C. Newspaper Articles - Apart from public hearing notices and n^-spaper articles that are placed by the paper primarily for Council meetings the City has a previously mentioned the following means of communication: City Column - Under the old heading the Mayor's Article which Council has requested to change to "From the Council Chambers" is a format that can be done on approximately a monthly basis generally addressing one or two topics of current interest to the public. Preliminary Agendas - This started in about 1987 the City continues to put in preliminary agendas in the newspaper the weekend before each Council meeting. Council Meeting Reporting - Currently 3 reporters attend regular Council meetings. (Coverage of the Pioneer is addressed in the City Administrator's information.) D. Cable TV Tonka Piport - For the past three years on a contTnuing basis I have participated in a City Administrators format on a monthly basis discussing what is happening in the community together with any specific topics that are common to all the communities. It is anticipated that viewership of this is fairly low, but for the few people interested it does provide an Orono presence on Cable TV. £ ■ I i city Communications March 20t 1991 Page 3 of 3 Council Meeting Cable Casting - This issue was discussed a couple of years ago as to on a tape delay video taping Council meetings and using that tape to cablecast those to the community. Based on the need for volunteers to man cameras together with the limited space in the Council Chambers this issue has been delayed with the possibility of including necessary cameras ind communication in any City facility. (It may be worth exploring having the cable company fund at least a portion of any cameras and communication equipment installed at the Council Chambers for this purpose.) D. "City Handbooks" - Given the diversity of the rrunmiinity and often lack of identity, together with the fact many of the issues such as building permits, hardcover, lakeshore issues are reoccuring that undertaking a City handbook sent out to all current residents and given to new residents possibly through Welcome Wagon may make much of the reoccuring information available. Given that things do change, xt would need to be periodically updated. ALTERNATIVES - Issue #1 - Types of formats; T. WorksHops 2. Town Meetings 3. Newsletters 4. From the Council articles 5. Preliminary agendas 6. "Tonka Report" 7. Cable casting 8. Information Brochure 9. Other Issue #2 — Frequency/Topics ~ Attachment B outlines the matrix ■ potential communications plan during the next year using the var ious media. RECOMMENDATION - It is recommended that after Council discusses TtT—give direction on which means of current communication they desire to continue and which new ones they would desire to implement. Further specifics will be brought back to the Council's April 8, 1991 Council meeting. PROPOSED MOTION - Moved by __, seconded by __, the Council after giving direction to staff tables further consideration until April 8, 1991. Ayes __, Nays __. *1 I \ i! ! I li ! i 1 COMMUTJICATIONS *^T2 THE COICTU^UTT ISSUE Means to orovide information to residents. - Mewsoaoer col-nn/City inioiaosc - Preliminary Agendas - News releases - Newsletter/Direct mailing - Regular - Special events - Cable TV - •Tonka Report" - other format . , . . . - Video cast Council meetings (ce^ayec video cast) * All * Selected - "Workshops"/?ublic Information Meetings on special tonics , ^ - Direct information mailings - Selected mai-ing to effected groups (i.e. variances, special assessments) . , - video/Comouter - Interactive^ inrormation kiosks ’(Probably not feasible at tnis time from a cost standpoint) Current Status The City has used: a ) •’he "Mavor Article" format or an occasional basis 1987 (The last proposed article for facilities,* in October was not placed per Council aY^C^ity^Adainistrator monthly a??=:ars on the joint Tity cable "Magazine", "Tonka Report." C. ) Preliminary agendas are placed in the Pj-ojeef the addition that comes out the Saturday before the f4*30 Tuesday deadline.) D. ) Notices of items on Planning Commission and also special assessments to abutting residents. E ) The City has used special mailings to effected groups on elected issues such as Stubbs 3ay sewer F.) T^he City anticipated use of a newsletter f^mat on the facilities to all residents prior to public ctf^The^State^requires the Truth in Taxation notices. Applicable Document(s) Public Information Memo Dated Public Information Memo Dated 8, 17/aa / mI i ros Dates Subjects gi^ar.i Mayor Grafaek 5 Crona Ccuncil Berbers ^ Mark E. 3ernhardson. Citiy /xd.-ninistrator , August 17f 1997 Marke^'inc/Eva luation or Mayorr^s •/,» Public Infora^ation - Marxe--n«/ Nevislettsr Art-cles •w'*’ / ^ Market:nq Memo Dated 1/29/87A - Public Information and .Marxet-«y rt-v o'' Orono will continue wi- ^ of Sudge. for a different fora i2? its -"ontSly -newsletter" to t.‘:e comriuni./. •-«rdactior'- one of the »'• ^uncil toiiowing elections was a de-ire month to the citizens c rnTzlit events including and it was decided, for a s: irono. Back in submission of a Mayor's Article to^t. lonth trial, to try the format of articles have been submiw-^ iSf^Swra?" hav?a|p«r'’r^the paper in the first week of the month. .iscussion - This ratting tne primary ^-^..latory or obtuse in the Va^s ’.ttempted'-to be fairly timely as to upcoman, events. mil. th. City Admini^strayr has not SL^toI”«o“e“o*^rth. Sfex:"-^v.%'i;52^%nf^io?? is bem, .xp.nd.d . i^S£ for t^ ’*ayor*s Article* ^ ^ r;rhi;%rdVnV?nV!.?«*st < .-^rnsnsv™ r •'■■" “ 1. ^ V -T-■3i —‘ 'N TO:Mayer and Ci-y 2e FROM:Marl< 3ernhard3cn, DATS;*ar”*’"’ 29/ 199'" SU3JSCT:public rnfermat-- ISSUF -The issues in csla A. Types of .C I direct 3. -"He altarna-ive means of so sonununicaminc C. cost of a mcnohiy newsleotar the C3SC 12 moriuns - tmt?.OPOC?:OH. - on an Laker.'?-:sneer fer eucmltred basis. Addirionall? t^-ese. bavebe inclusion on a soac- a ___ caoers, Wesoonsa oai-o. «..- reoenci-/ transcitbeo -o ...e or r.-.ese are also bbe «ay = at.. .vee.<-r .a?e^.^_ g.-. co every subscription pea.. ...= «■ ne Cloy on a spocaai.- household in tne communi- • however the types or basis had also puw^ nius the a-ticles that have oeen infotaation inoludao of a oeneral background !:i:;aa;Iorn'at^ure'and^Ton^ bbar addresses ourrenr eveno. orSCUSSlOM - Types = '''''' " ionouni03« to t.neir ocaau..........s a.- - sxolanation of operations - ordinance and ordinance cnanges - Service information ,*on - programs and registration - Long term direction - apeoming meetings and agendas - Significant recent events certain types ^"o^^the^co^unitv'^it^has”^^^ always when it is ha^ been an indication however, on the critical issue. «ould li!«a to use this as a tSinouW ?.%'ui?f i «bl=l. that would provide for tiae.y information on a tegular basis. »*hLs would be a short monthly S,«VlVtUc'^1."«^^»\d"tScoVpVcat'rperbaps t.brs. ite»s. - a.o.ne council actions and other pertinent City r i^.k. ■i;v a ns - C-'”-cil issues cf s^gniiics. - Outlining c= u----—j» . — • orocerr; owners, that affact tors r..a.. j-j- , ;*-a'-’3 ‘ 5;;o lana11 on oi 5-...e ss-Brief inr ornat-c.--- of servicas/cperatitns,. o — • cnnpwha** of ^ time-/ oas-jf ^ a could be ccr*e ‘ I ; r; ^-adoneSucii e -,»«% all nr tne ojuM»A.fci ——w*-**- <•-mat/ not 0ricaosu^c*’»^ ax 2 ^ ^ ^ ^ ^^0Xwhowever it may not en<-a.^ i-ams coming u? in .......................T’* , nor necessarily T- that to the extent tnat oeo?-- -r*nf'- obvi ous ly the ca•* ■ - - >,q i^a-«-ifiec orior to as3U.me that a^l v..q thincs may haocen: ttisiz consideration tr.at one o. -vo r—me; • d-^-’t'on of an item pending - °:;o^or?atV"nVtifi=ati-on'u the newsletter. „ =n-icimatad that sucn a newslatta ^S^^-HH^cwih, costs for each aedrtron: "«ard Costs" -printing 3,300 copies - Mailing • ^ ^ b 01 a -. 3,"inting, Laceling, ■folding (1-3x11 sheet) COSTS S150.30 L3.30 153.30 S j13•30 cir*- c-s's - Staff preparation Spe- C-Sji± ^ ocoducticn ‘ SOFT COSTS $33.30 33.30 $33.30 3S3S«= An a^ native to such costs may get^a commitment ?Sur'ne ’;s%pers that do covet .he ^,,3 Crora ail of them or ^t timely basis in their newspaper, of format to be type oz arrangement in tjie Chanhassen does somewnat ‘ shore weelciy, whica isof a newsletter m the Sout.n snoc ^ is antici?a-ed specific ^‘^''•ttising ca e^ couple hundred dollars per time, o that such may f,^i3 tyoe of arrangement,each newspaper under t.nis /. Mm eacn n.w,,..-. ,,,c««ended as neither the hard ’tECOMMElTOATIOM - Initially __iv budaeted that the C / if.Sit cosrs -of puttie It.i3 typ« tttcth.c «plor. bi-w«e!«l? basis to sa. l« bbis »« the oapers on a monthly oc ara being looKed roc. would *ba tpe of rasult ,„,„^ation would tSeo a F PROPOSED MOTX>-^'l explore further :icved rv • seconded oy neans to ccinnunioate on as , CO direCO soars oo oinel-' a basis as explore =;■»'Otrno oorraonr-.i' in order ;o pcssi-ale I*signiricanr .-aatrers affeodrna i"="VLlV-'4 and to'brino bacX a reoonnendarion regardinc a _ . Lm. mm ^ *— ——ar* h» m ^ u_^dO ^ - w— — — — - - ■■—n6^*^Sx3w^2r aw w..- --aww ::avs li. ^:4 • . _ •* -J SI* 31T38.; !*^.;?.vr‘» «*.«.. • • • • w* • •• • •. r * ’ - - -- «• «9 J:!;:-.' *.-. «■ .'VSCIIl • • • • • «• .Mayor and City Csuncil MarJc Btrnhardaon, City Adainiicraco^^/ WvOiiwlL AUG 22 1S22 % •s «%». -C-T/ 0.' ORiJUGwnv .......«• - * WWaa •*' August 17, 1988 AT.-u-r**^ .- • ••• • •a V • -•%, .- : .CSSS'lCiil'a*^ y- - •• • •• -5 •*- rublie Infotaision - M,clttti.n9/3»alu«tion Mayor*, -r- ' R.«.ue:» • - :'t. V:.." 1; . :.* ^... .a. -r. T? - '.:’ -s." *.’ • * ' i*’ *’^^^j^j^^T^TMTiitSDOC^ION • For tJie past seventean nontha th« City has on a ..,. basis (generally monthly) had an article published 5ni* of the local papers. The articles when subnittsd to the^ have always been published in the Pioneer, however, we .as>^ ' : aueeess with the Mavzata Weekly Mews -w because of space iimicacions. xn auua....w.. » ;‘>.V-‘'• aow ti»« Cicat year on a tegular basis, published^; ■ the pcelloinary agenda for the upconing Council, nee ting.- havJwt always had the san^^ success with the Wayzata Weekly Mews blJIulVof space limitations. In addition the City has since-^i^ Jl^i.r-K- I*h» vear on a reoular basis, published^v^- , .* -;i' ‘.i- - ' *- * ^ .* . .*• -.a-—W.**, •r*—•• * V *•■ .s. *. — inforaation to the coonunity in straight forward inexpensive jr-* wwmter^ioraa/Vhart^^ (os]\^o:^ nfol ^e ".'cf ' %.•.*/:, ■ •• >** newsletter cornac cnat tn-r wwaw -««*■- -- ------y-----. . . probably done on a once every quarter b«3i*» substantially more time commitment by the jtaf^ to have ^hat ** •.• •I'T ’ • •- '*•; •^ •• done. ALTEBMATIVES - ...... :2___ ■*" X, - ^ -- . .*» - VLdZL-^Jt'T .»« 1. Continue with the monthly format.; --.'.a i 'hS?^'^*5rXease doing newspaper articles. “ :.;v, .^-.-„^.... - . . . * ' g .•V*.--• yt ■seoMMBNDATXON • It is recommended that the council table the fliS5"u?OT^ September 26, 1988 meeting to aee If members of 'il^.H'^the coaaunity find It to be of assistance and if so, recommend .. . VA^^Ttliat we continue in this manner. U fMOPOSBD MOTIOM - Moved by seconded by , that Council table i--ue until septembeT 26, 1988 to determine from the —" cismsimirr if they find the new artlclea of assistance. Ayes Maya SS553C5ms5SI w;** liar-''- r- 1 /I « I 4 1 * i f I /' N I--1U I I * 4 I i A Quarterly Fublicaticn From the City of Mound Voi. 2. No. 2 Summer l9S0 City’s History Preserved in Mound Depot... When Millie Banics enters the Mound Depot, she sees more than the historic building that is now used for community’ functions. She sees turnH3f-the-century families, dressed in their Sunday best, stepping off the train, bound for their summer places on the lake. .•\t 37 years old. Millie recalls the heydays of Lake .Minne­ tonka during the early part of the century. "When I was young, people didn't go ‘up north; they spent their summers or summer vacations on Lake .Minne­ tonka and they came here by train." she recalls. So busy was the area that Hve commuter trains ran daily from 3 cities to the lake during the sum­ mer months. Banks and others of the Westonka Historical Society believe that residents know little uf the area's rich history: nor do ttiey know the important part the Mound Depot once played. Banks, a former English teacher, is in the process of writing a book. .Vfinnetristc .VIemories. which will chronicle her life in the Wes­ tonka area. m4.is Most Mound residents ossociateo t.'ie .Mound Depot ;vi:.t .Mound Sav .Car.K. 3ut. :.Ms :u:;d;n2 .has a ion- history r.'ia: irtes bcc.k :o :.he .hevdovs of Lc.ke Minnetan.-cc. T.he iign :n the foreground descrb-s the historical .■Jigniuca.ice of Lake .MinnetonKO. Queen of the Inland Lakes. ' The depot, which was moved to Mou.nd Bay Park in 1967. ;s not the oriainal train station. In 1914 the onsinal depot, which stood approxi- matelv w’nere First Minnesota Bank is now located on the comer of Commerce Blvd. and Shoreline Dr., burned to the ground and was quickly rebuilt to continued on next oo^e . Mound’s Futurs Prsssntsd st Upcoming Public Hesring What will Mound look like in he year 2000? A partial answer to his question is contained in the Vtound Comprehensive Plan Up- late. which has been assembled jy the city’s Planning Commission }ver the past 18 months. The Commission has scheduled a ^blic hearing on the plan for !4onday. July 23 at 7:30 p.ra. at City ffalL At this hearing, the Commis- lion wishes to hear comments from midents on their views of the city It the tum-of-the<entury and spe- 'cally. comments on the coment M the plan. A comprehensive plan is an issembly of maps and text dis- nissing existing and proposed nd use. housing, transportation. par.ks and recreation areas and other public facilities. The plan also contains a set of goals and policies that are intended to guide development decisions over the ne.'rt 10 years, .additionally, the plan forms the basis for fumre modifications of the zoning ordi­ nance. In the Twin Cities .Meo^ politan .\rea. comprehensive plans were mandated by the passage of the 1976 Land Planning Act. In re­ sponse to the legislation, a plan was prepared in the early 1980s. The current comprehensive plan update builds upon the earlier plan. In accordance with the law. the .Mound Comprehensive Plan is subject to the review of the Metro­ politan Council. Their review, which will occur after the public hearing, will focus on the plan ’s consistency ivith what are called metropolitan systems. Metropoli­ tan systems include transporta ­ tion. airports, parks and open space, sanitary sewer capacity and solid waste, .\fter review by the Metropolitan Council the plan can be formally adopted by the City of .Mound. Copies of the plan are avail ­ able for review at City Hall and at the Mound Library. Mark your calendars for fuly 23. Come to the Planning Commission mcwting and share your vision of what Mound should be in the year 2000. 4 iccomniodate the commuters. “It was an excmns nme and ^ booming area—ail the weiI-to*«io families took the one-hour train rice for th •: summer vacation av/av ::c.m the cities. * Banks says. She recans the dot-and-dash sound of the tele­ graph machine, the shrill whistle or a train coming down the trac.k and the women who wore their best dresses, which in those days were long and hot with plenty of petticoats. After the train ride, parents gathered their luggage and restless children, also dressed in their best, and took horse- drawn cabs to their final destination— a summer home or one of the elegant resorts for which the lake had becorf.e famous. "From about 191" on the local high school boys made their summer money by driving families by car horn Ae depot to summer residences. Throughout the early part of the 20th century Mound took on a festive quality each summer with ice cream tocials and 4th of luly picnics to keep summer residents and tourists busy. And. the streetcar boats were filled with summer tourists who wanted excursions to Big Island and the Excelsior .Amusement Park. However, the heydays of train travel came to a close with the advent of the automobile. Soon, summer visitors either drove themselves or moved to pr'rmanent lake residences ■nd commuted daily to the cities. Even loads of freight that once could only be brought in by rail came by huge freight trucks, leaving the depot useless and abandoned. The railroad sold the depot to the Minnetonka .Museum Association in 1966. with the stipulation that it be ov^ to a different location. In >72 the depot was turned over to e City of Mound. Presently, the city and its Paries id Open Space Commission are orking to keep this historic buading I top physical condition. The deck IS been temporarily reinforced hlle plans are drawn to redo that irtion of the building. Additional iprovaments may follow. Editor's Note: The Westonka Historical Society meets the thifd Monday of each month in the Mound Depot. For more in* formadon. call LaVonne Adams at 472-1885. If you want infor- madon on renting the Mound Depot call City Hall at 472-1155. Vv lU Alii- V-41 1 Vi r -----t U elcome ’.-isifors.' The City of .Mound recently installed a netv roodivov sign, made of' wood with raised lettering !o greet visitors os thev enter the ::tv This attractive sign- age :s a departure ;rom usuci rocdi^'oy signs. Filing Dates Announced for Mayor and Council Posts Although the 1990 elections are months away, those considering run­ ning for the position of mayor or tor two council seats must file with the city clerk between Tuesday. .-Kug. -8 and Tuesday. Sept. 11. 1990. The mayor s post is a two-year term, while the two city council positions are four-year terms each. These oifi- cers are elected at-large without parn- designation. The municipal election will be heid in comunction with the state and count>' election on .\'ov. 5. 1990. To file, interested parties must complete affidavits of candidacy, whic.h are available at the city cierk s office in Citv' Hail. Office hours are .Monday through Friday from 8 a.m. to 4:30 p.m. .A S2 filing fee .vil! be charged. Election Judges Needed The City of .Mound seeks addi ­ tional election judges to serve at the Primary Election, scheduled for "Tues- dav. Sept. 11. and for the General Election on .Nov, 6. Any individual who is a registered voter is eligible to be appointed as an elecuon juage. Flexible hours are available. A training meeting is required before serving. Judges are paid S4 per hour. If you are interested in serving, please call City Hail at 472-1155 and leave your name, address and phone number. You will be contacted when election dates near. Recycling Incentive Called Recyciotto Recycling can earn .Mound resi­ dents a healthy reward when the city initiates an incentive program called Recyciotto. Here’s how *he program will w'ork: • At J.s momhiy meetings, the Cit\ Coiinch will draw, at random, resi­ dent addresses tor the month. • Each wee.N a city representative will check the address drawn at 7 a.m. If recycling materials are at the curb, the winner will be noti­ fied by phone or by letter that he or she has won. • The lotto will begin with S50 in Westonka Doilars. which will be re­ deemable at various area stores. If the seiectea aadress does not have recycling out. the amount will be carried over to the next week. Recyciotto begins the first week of August. If you have questions or need further information about recy­ cling. call Joyce Neison. recycling coordinator, at 472-1251. Watch That Crosswalk Shoppers are reminded to use the new crosswalk area at the recendy installed stoplight lo­ cated at Lynwood and Commerce Blvd. Those crossing outside the walkway area do not have the right-of-way. Besides that, jaywalking is against the law. • • Follow These Steps and ’'eep Criminals Out When it comes to crime-proof ing. it's the little things that count, says Community Crime Prevention Officer John Ewald. Mot only does that advice apply to home and personal safetv*. it also applies to businesses—both large and smail. Ewald offers these tips: • Call the Mound Police Depan- ment and ask to have a premises sui%'ey completed. Ewald will visit your business, survey the building and grounds and dis­ cuss ways to improve security. • Pay close attention to door locks. But remember, a lock is only as good as the door it is on. A S300 lock on a S2 door will not deter burglars. • Proper lighting can make a dif­ ference. In one of New York City s highest crime areas, high sodium lighting was installed on an e.x- perimental basis. The result was kU W —.3 v.ai ru: ry !0 per­ cent. • Environmental design •■vill mase robbery even m.ore difficult. Ho'.v is your building iand- ;caned? Keen shrabber.- and tress away from the buiidine so t.hey will not conceal burgiar. anerapts. .\re large windows nsible from the street? Don t paper your windows with ads that obscure street surv'eillance. • Internal theft supersedes shop ­ lifting. Because employee theft can break the back of a com­ pany. review your cash-handling policies and take precautions so that your inventory doesn t go out the back door. For more information or to have a premises sur\'ey conducted, call theMound Police Depanment at 472-3711. building Official Begins Duties Mound’s Crime Prevention Association Needs Your Support fan A SullMriand baooni* Mound ’s new O/Pdal on July 9. Sulhorlond has nioiv than thro* yoors of experience os o buildinf official, formerly with Isanti County and with a cooperative venture b**wMn Prior Lake. Savage and Scott Z ty. In addition to his duties as build­ ing inspector. Sutherland serves as head of the Plonning and Zoning Department. Sutherland wdoomes coils and visits from ufuo contractors or homeowners with qurnttons on building protects. Coil him at atf Hall ot 472-11S5. The Mound Crime Prevention .Association is a coalition of area residents and the .Mound Police Depanment. The association works to promote activities and protects for the purpose of cnme prevention and the apprehension of criminais. Some of the programs assisted financially by the associanon induce the D..A.R.E. program. Child Safety and School Liaison programs. .Neigh­ borhood Crime Watch and Child Safe House, a TIP line for anony­ mous information, rewards for crime and arrest im'ormation. the police canine program, community cnme prevention (see article above) resource materials and training, and for Operation Identification. .Membership is open to all Mound residents and merchants. minimum SIO donation is required- Additional gifts are most welcome. Recognition will be given to all donors. For more information on this program, call the .Mound Police Department at 472-3711. City Cierk Eiecied to Prcfessicnal Scard 3 j: C*ark-Ltffsinger Francene (Fran) Clark-Leisinger. .Mound City Clerk, was elected in May to the board of directors for the International Institute of .Municipal Cer^ ■ I II.MC). a professional organi- zar.'- * for city clerks. She will repre­ sent t; ■» region that encompasses Iowa, .Minnesota and Wisconsin. Clark-Leisinger has served as the Mound City Clerk for eight years. She has been a member of the associ ation since 1982. As an active mem­ ber. she attended numerous annual conferences and serv’ed on the Host Committee when the organization held its annual meeting in .Minne­ apolis. She also served as chairper­ son for the State of .Minnesota ILMC Membership Committee from 1984 to 1985 and received first place in the membership contest for recruiting the most new members to the organi ­ zation. Clark-Leisinger is active in other organizations, including the League of .Minnesota Cities, for which she has served for the past two years on the Elections and Ethics Committee. She is also active in local community affairs. co<hairing for the past two years the Mound City Days celebra­ tion. In addition, she is a member of the Westonka Chamber of Commerce. M * t m Mound City Days a Little Soggy But Fun An)pNS.y Although the weather refused to cooperate. Mound City Days can still be called a success. But for mud volleyball, you can t ask for better weather! Weather asicio. throngs turned out for the Grand Day pa»'ade i I w A w ' it* ii H f m Look ot us Mom! This big broker took his littie sister on one of the kiddie carnival rides to the delight • ' *ioth youngsten. On Sunday, carnival conces­ sion workers admitted that ride attend­ ance was down somewhat, but os one "ft’s the nature of this business. Vv'e can bring smiles to kids’ faces, but ive con’t mt^ the sun shine." City Of Mound 5341 Maywood Road Mound. MN S5364 (612) 472-1155 City of Mound Council Members sieve Smith. Mayor 472-7884 .\mlraa Ahrens 472*1520 Elisabeth Jensen 472-3832 Phyllis Jeeeen 472-4319 Skip Johnson 472-3136 Edward J. Shukle. Jr. City Manager Ann M. Henson. Editor and the fireworks display prcvec to be a highlight for many. .And the annual fish fry to benefit the Mound Volunteer Fire Department ser\-ed up fish and all the trimmings to more than 2.000 hungry’ eaters. ^ 1-" i •wi j3 .' P.’aver number 12 took a .Tigr.tv s'.v.ng and sene the bail soiiinz. Tne cnnuci jort' bail tournomem gives area reams o f.vo- day opportunity to see if they have r.he right itulT." Owner/Occupant Meund Calendar • • ^ ^Snzi. 3 noiiciay—Ui*'.cas ':ioseG for Laoor Jv: observance. Sect. :: Paman' elections at C\ty , Hail No City Council i meeting this evening. j •Z2 picx-ups are seneomea • oncav and Tuesaay. ..ring Commission meets lQc -Ond and fourth Mondays 01 eacn nunth, beginning at r.30 D.m. at City HaiL I •The City Council tneeongs are held the second and fourth Tuesdavs of each month, betun- rung ai r;30 p.m. at City Hail. The Economic Development Committee meets at 7 a.m. the thira Tuesaay of each month at Cr.* Hail The City Council Committee^jf- the-Whoie meets at 6:30 p.m. the third Tuesday of each mondi. Nonoroiit Crg. U.S. Postage PAID Permit No. 37 Mound. MN I I I ’ The .^ar.k Commission meets at 7;20 p.m. the second Thursday of the month at City Hall.i 1 K* This newsletter is onntea on recvciea oeoer. The Nezv ORONO NEWSLITTIJI ^^ornmum^tion LinK^Set^je^^ Vol. 1, No. 1 ORONO COUNCIL ANNOUNCES TOWN MEETING *7770 revivQl of tho Town Meeting was one of my campaign promises to ithe citizens of Orono. ! took forward to this open forum which I hope will increase communication and citizen involvement Won't you join us and share your concerns, ideas and suggestions at our first Town Meeting?' Barb Peterson. Mayor What Is a Town Meeting? >rono Citizens znd '.itv CounallAammstr^^ Spring 1991 Orono's Town Meeting What will be discussed? PLANNING COMMISSION GIVEN EXPANDED ROLE The Orono City Councii has asked ihe Planning Commission to take a more more active role in planning issues. Besides their extensive work in zoning, the Commission has been meeting often since January when the new Council took office. Their first major task has been to study the Highway 12 issue, involve citizens in the process and make a recommendation to the City Council. By the end of March they will be presenting their recommendation to the City Council..... Planning Commission members are: Charles Kelley.........et al. When Is it? If you have zoning/planning questions or comments feel free to contact the Planning Commissin members. Suggestions for other columns: Planning and Zoning (Written by Planning Commission/staff?) Current Issue Update (eg. LMCD. Annexation. City facilities...) Community Spotlight (community special places/resources for citizens awareness) - Park Commission Updates (Written by Park Commission/staff?) - Public Works Update - Citizens Comer (questions asked of Council/Administration by citizens) More ideas?????? h . S- k* ■ t. .-I' :t:-: •;'. . • [i sr i i JANUARY FEBRUARY MARCH APRIL HAY JUNE JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECE»1BER iiiiliisiil'iii'fi r-; n ‘Pb I ., : if 41891.2 COMMUNICATION PLAN •FROM THE COUNCIL" NEWS ARTICLES NEWS LETTERS CABLE "TONKA REPORT" CITY ADMINISTRATOR "TOWJ MEETINGS" X X X X X X X X X X X X X X X X X X X X X IN ADDITION - News Articles - Council Meeting Biweekly/3 newspapers Preliminary Agendas Biweekly City Handbook - Once every 2-4 years As Needed * Workshops/Informational * Selected Mailings * News Releases 1 F 41591.5 TO: FROM: DATS: Mayor and City Council / C3! y.ark E. Bernhardson, City Adniinistratosji'"*' j > / 9 1 April 16, 1991 Attachment; A. Police Chief Selection Process Memo Dated 4/10/91^v SUBJECT: Police Chief Selection B. Police Chief Memo Dated 3/28/91 C. Public Management Consultants Letter Dated 4/16/91 ISSUE - Selection for the Police Chief recruitment INTRODUCTION - At a special Council meeting on April 15, 1991, 3 of the firms were interviewed and as a result of that Council tabled discussion of that until its April 22, 1991 Council meeting. DISCUSSION - As noted in Attachment B it would be appropriate that a firm be selected and a contract be negotiated to be reviewed by Council within the next 2 weeks and possible approval prior to the next regular meeting of May 13, 1991. Once a firm has been selected and the contract signed, the timetable for expectation for a new Police Chief will be established and based on that arrangements regarding an Acting Chief will be presented. ALTERNATIVES 1. Select a firm. 2. DO further exploration with other firms. 3. Negotiate a contract with one firm. 4. Table for further discussion. 5, Choose not to select a firm but do it in house. RECOMMENDATION - Based on the proposals and the interviews on April 15, 19^1 it is recommended that Sathe and Associates be selected with a contract to be negotiated including a timetable and that this be reviewed by Council informally and if acceptable, this person will be directed to undertake the process with formal approval tabled until the May 13, 1991 Council meeting. PROPOSED MOTION - Based on the proposals and the interviews on April 15, 1991 it is recommended that Sathe and Associates be selected with a contract to be negotiated including a timetable and that this be reviewed by Council informally and if acceptable, this person will be directed to undertake the process with formal approval tabled until the May 13, 1991 Council meeting. Ayes__, Nays __. cc: Chief Kilbo . i b: [ L. 1.' li i a Si' » ^ ^ • TO; FROM: Mavor and City Council / Mark E. Bernhardson, City Adminis tr at^r’\ \ DATS; April 10, 1991 SUBJECT: Police Chief Selection Process ISSUE - Remind the Council of a meeting; 5:00 P.M. MONDAY, APRIL 15, 1991 INTRODUCTION - The Council at its April 8, 1991 Council meeting e^ablishe'd the above listed date for interviews with 3 of the firms that had submittea Request For Proposals. The agenda is s follows: 5:00 P.M. - Public Management Consultants/Larry Thompson 5:20 P.M. ■” Labor Relations Associates/Karen Olson 5:40 P.M. “ Sathe & Associates/James Brimeyer It is anticipated that each one will be given about 20 ninutes. It is tecoraended that they will have a short presentation time iSd^thft an ooportunity will be available for Councilmembers to lit qSestfSnl'^leUrSing process and experience presented by each of the firms. It is requested that you bring proposals that were distributed to the Council on March 28, 1991. cc:Public Management Consultants Labor Relations Associates Sathe & Associates -1 - ^ ^ . TO: FROM: DATE; SUBJECT; Mayer and Crty rennci- Mark E. Bernhardson, City Adn.inistrat April 10, 1991 Highway 12 Corridor Selection Please make any comments by Monday, April 15, 1991. 4 H- ADOPTED CITY OF ORONO/HIGHWAY 12 POSITION ADOPTED MARCH 25, 1991 Review of Process Tr> Tanuarv the Citv Council requested the Planning Cc^mislion givVit . reco.n.eadation on the Highway 12 Corrtdor process. At the work session held on February 6th, Commission members defined the scope of their review and the specific issues to be addressed by the Commission as Council had provided no aaaresseu uy to the Planning Commission. The reco^nSieSdation.'' Thera^Vet^tha^‘^the V;c^^ ITe type'' a snecific location for an east/west corridor, tne type or corridor or upgraded road to be installed and potential SpoS 2*istinr*oning (land use) f impact of an east/west corridor on adjacent cities. For the record, this recommendation has been developed without the benefit of the findings of the modeling and traffic ?orMast Stul^ by Howard Needles s Associates to be Aoril of 1991. Their final recommendation was influenced by soecific written/documentation, comments of the professio StHf and cons\®lt«ts for MNDOT, Metro Council Bonestroo, Anderlik, Rosene s Associates and are specifically follows; 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 1900 Community Management Plan of the City - intent of the zoning districts within the City of Sections from the Metropolitan Development Guide/Policy Plan for MNDOT Safety Improvements for Highway 12 echcdiilsd for X993* , * comments of Carl Ohrn, Principal Planner, Metropolitan SZeiis of Larry Dallam, consultant for MNDOT, Highway 12 Project (Howard Needles 4 Associates). Comments of Natchez Diaz, Transportation Manager, Metropolitan Council.Comments of Gary Rylander, Transportation Engineer, Bonestroo, Anderlik, Rosene 4 Written and oral comments of citizens of Oroiw. , Minutes of the Policy, Citizens and Technical Committees for Highway 12. Comments of concerned citizens groups of Long Lake. Informal comments of an Orono School Board member. F Adopted City of Orono/Highway 12 Position Pace 2 at their April 8, 1991 meeting. 1. 2. 3. 4. 5. CITY RESUME OF ORONO/HIGHWAY 12 POSITION ADOPTED APRIL 8, 1991 discussions. changes in current zoning shall be considered. The City shall support the views of its residents but final determinations must be based on a comprehensive response to immediate and future transportation needs. The upgrade of Highway 12 is necessary within the Orono/Long Lake area because of safety factors. To encourage all levels of communication between the Councils* Planning Commissions and citizens groups of the cities of Long Lake and Orono. To encourage a forum for the exchange of ideas and concerns for the purpose of developing a mutual plan/agreement between both cities. Adopt the following from a staff memo prepared for Council entitled "Initial list/potential goals for Orono * as followsj^ecti^ely and safely handle traffic (not via a freeway); establish corridor to plan around; minimize time length for property owners caused by uncertainty as to highway location; develop corridor as close to present as possible; limit residential impacts; protect the natural environment. B) C) D) E) P) ( Adopted City of Orono/Hichway 12 Position Page 3 Corridor Location The Planning Commission recommends against the creation of a new east/west access corridor through the City of Orono and recommends that only existing corridors be considered to minimize impact on existing land use. The Planning Commission unanimously agreed that the southern corridor that both intersected and would use sections of the right-of-way of the Luce Line were unacceptable based on environmental concerns. The majority jo ^o 1) recommends Highway 12 rather than County Road 6 because the Dotential impact on rural residential zoning adjacent to County Road 6. The^lanning Commission viewed Highway 12 zoning to be more compatible with an upgraded corridor. The minority opinion asks Council to consider County Road 6 beginning at Highway 101 rather than a future road linking 4-lane iiiiiSlii would not result in physically dividing the City as would the Upgrade to a freeway of Highway 12. The Planning Commission unanimously encouraged the City of Orono to work with MNDOT and the City of Long Lake to expedite comprehensive safety improvements to Highway 12. The members are not be realized in 1993. Design of Upgraded Road vas unanimously recommended that a "minimum width right- of-way" roadway ("less than expressway") be constructed with a concrete median barrier separating opposing fpsi consider the findings of the modeling and traffic counts to determine how much of an upgrade is needed and where the needs are from the west, that Highway 12 ?bould not the only alternative considered for addressing regional trarric flow and pressure from the west. F't Adopted City of Orono/Kighway 12 Position Page 4 lopact on Existing Zoning The upgrading of Highway 12 shall not result in the creation of new conanercia1/industrial zoning districts within the City nor shall it encourage the expansion of existing commercia1/industrial districts. The existing zoning along Highway 12 will be compatible with an upgraded roadway and that the kind of transportation needs addressed in Comprehensive Plan Amendment #2 be considered for all developments adjacent to Highway 12 (development of service/frontage roads and prohibition of direct access onto Highway 12 for new development). Impact upon Long Lake of Upgraded Existing Corridor We concur that future consolidation of both the City of Long Lake and Orono makes for good planning sense for both communities. The minority opinion cautioned that such a recommendation may be construed by Long Lake citizens as an adversarial move or aggressive takeover. The majority of the members believe the opposite as this is the opportunity to encourage formal discussion between both cities. The City of Long Lake must be made "officially" aware of Orono ’s true intention. Orono does not wish to compete with the established commercial community of Long Lake but to assist and support it's perpetuation. A "contract" consolidation need not result in the loss of Long Lake's unique identity as a business center. Exhibits are available upon request. Isv _ ^ ^ V' -l!; t t <c Mayor 3 wa r twood Counci LTiersbers City of Long Lake 310 Russell Lane Long Lake, riN 553 56 Dear Mayor Swartwood and Councilmembers, In an effort to expeditiously transmit to you my understnading of what had been adopted by the Council at our Monday, March 25th meeting regarding the Highway 12 corridor issue, I sent you a letter on March 29th (mailed) along with a copy (hand delivered) of what I understood the City ’s official position to be on this matter. This letter is to serve as the official notification of the City's position on Highway 12. The Council, at their Monday, April 8, 1991 meeting, by a majority vote (3-2, Callahan, Butler and Jabbour) affirmed their adoption of the Planninbg Commission recommendation in total. Part of that recommendation relates to the two communities exploring a possible merger. This exploration is not because the City of Orono has any goals for consolidation apart from it being a better way to serve the citizens who reside in both communities. As I have stated before, the Orono City Council looks forward to sitting down with you and the Long Lake Council to further explore the impact of this recommendation on the City of Long Lake. Best regards, Barbara A. Peterson Mayor cc; CounciImembers Planning Commission City Administrator Department Heads . . A. . . . r «> ; i.-. I Mr. Steve Hay Project Manager/Highway 12 Corridor Study Minnesota Department of Transportation 2055 N. Lilac Drive Golden Valley, MN 55422 Subject: City of Orono/Corridor Recommendation Dear Mr. Hay, Attached is the adopted position of the City of Orono fogac<3xng the corridor location. This is a result of work done by the City's Planning Commission, which was received and adopted by the Orono City Council at it March 25, 1991 Council meeting. The Planning Commission work was the result of an assignment given them in January by the City Council and a series of three meetings in which they got background, had a public input session and developed a proposal during February. They subsequently formulated a recommendation that was adopted as the Planning Commission's final draft on March 20, 1991. The intent of the proposal is to give the Minnesota Department of Transportation Orono's philosophy in how it looks at a major arterial passing through the community within the framework of its comprehensive Plan. A specific design to meet that philosophy would be the appropriate role of the Minnesota Ogpartment of Transportation. This is a strategy that worked successfully for both the City of Orono and Hennepin County Department of Transportation in the improvement to County Road 15 back in the mid 80's. We look forward to working closely with you as the selection process continues. Sincerely, Barbara A. Peterson Mayor Enclosure cc: City Council Planning Commission Lawrence Dallam, Howard,dies, Tammen s Bergendoff V* i I r./1 \ ‘ r - - TO:• • a • •.•iO ' vv JL ind City Council ?BOM Mark E. Bernhardsonf City Ad..'ini3trator DATE: April 10, 1991 SUBJECT: Wayzata Public Works Attachment: A. Please refer to Pages 3Q0-327 in ^ B. Draft Ordinance Regarding racilities of Other Public Entities ISSUE - Determination of Council position related to construction Wayzata Public Works building on property currently located in Orono city boundaries. the^locf^f^ of th^eU new^pubYi^ building. The Planning Commission is reviewing Attachment B at their 4/13/91 meeting. DISCUSSION - The major options are as follows: A. Not allow Wayzata to build in Orono — Wayzata builds on the exposed area of the site located in Wayzata. - As an alternative at their old sewer plant near County Road 15 going into downtown Wayzata (north of rail road tracks and west of lake Street). B. Allow them to build on property in Orono! 1. If land remains in Orono jurisdiction - Potential for future annexation by them as property owner. - Negative precedent regarding prohibiting facilities of other public entities on residentially zoned land in Orono (rezoning a possibility but would be "spot zoning" as Day Care and Church are resident ial ly allowed uses.) 2. Swap jurisdiction of this for land of Wayzata Country Club north of old Wayzata Boulevard (City of Wayzata has indicated a willingness to swap) - Gains taxable for tax exempt land - Limits issues related to facilities cf other public entities in residential zones - Sets a precedent for a "quid pro quo potential annexation for RELATED ISdUES 1. Impact on future Highway 12 construction Limits to a degree a southerly route although s;.:.ce the Orono £5'oposed location is next to cemetarv it may not impose a greater limitation. 2. Signal Light - Traffic studies by Wayzata indicate I" To Mavor Grabek & Crono Council Meir.bars Planning Corjrission Chairr.an Kellay e/- Orono Planning Cc “OT'-ssion Citv Adminisuraco- Pernr.aroscn From: Date: Subject Jeanne A. Mabusnh, Building S Zoning Administrator December 12, 1990 (1) Municipal Facilities ci Neighboring Cities In mid-1990 the City of Wayzata presented an informal^ plan before the Orono Council that proposed a public works facility including a fenced outdoor storage area on a property located xn the RR-IB Residential Zone on the south side of Highway 12 just to the east of Busy Beaver Day Care and cemetery. This specific pare.* , is divi..ed ” by the municipal boundaries of Wayzata and Orono and functions as a gateway to the City of Orono. It was the opinion of Wayzata's Council that our Code would allow a neighboring municipality to construct a municipal building as a permitted use. The City has heard no further from the City of Wayzata concerning the proposed use but Council did direct that the Code be amended to clearly reflect that municipal facilities allowed as permitted uses includes only those facilities owned and operated by the City Orono. •pjjg pj.0 'odfe allows municipal buildings within all residential ricts as a permitted use except for the RS District (Seasv al Recreational-Big Island). B-1, B-3, and B-4 Commercial Districts allow municipal buildings where the use conducted is customarily considered to be an office use. This would exclude any type of public works use within a commercial zone yet the Code would allow this in a residential zone as a permitted use. B-5 allows all municipal buildxngs as permitted uses similar to R districts. There is no reference in the Industrial Zone that would allow municipal facilities although several of the municipal type uses would be allowed under permitted or conditional uses. Staff has reviewed munici facilities/buildings ordinances with the cities of Plymout. , Excelsior, Minnetonka and Minnetrista. Plymouth advised that municipal facilities/building*’ were allowed in residential districts with conditional use permits. Excelsior allows muncipal buildings only within a commercial office district as a permitted use. Their Code did not distinguish between administrative or public works type facilities. Minnetrista allows municipal administrative and goi*vice buildings as a conditional use permx » in resi«f'*ntia 1 I H'- Municipal Facilitias cf Meichboring Cities Pace 2 Decaniber 12, 199C zones but would not allow industrial type municipal uses such as a public works. The City of Minnetonka requires a conditional use permit for all municipal uses in residential tones as well as in commercial and industrial zones. All confirmed th<»t their Codec do not distinguish between their individual cities and neighboring cities. Staff would argue that it was never the intent of this ordinance to allow municipal facilities of other cities. The City of Excelsior's Code does reference municipal and other public buildings suggesting that another governmental unit could locate within the City and be subject to the local ordinance. The Orono Code does not distinguish between municipal and other public facilities. Based on Council's directive, the clarification in the Code can be made by a simple addition to Section 10.02 definition of municipal buildings . Municipal buildings or facilities shall include only those structures owned and operated by the City of Orono. For further clarification you may wish to add ........Public buildings or facilities of other govemaental units shall be located in zoning districts where the use is allowed and only with a conditional use permit. If the latter part is added, staff would then have to amend the conditional use permit sections of only the commercial and possibly the industrial district to include a conditional use permit for public buildings or facilties of other governmental units. Staff would ask the City Attorney to review this matter prior to scheduling the ordinance for Council action. In reviewing the sections of the Code that involve municipal buildings/facilities, Planning Commission may wish to consider a broader amendment to this section of the Code in light of a proposed new municipal faci’'•'■y for the City that includes both administrative and public wo.^s structures. 1. Should any type of municipal facility be located in a residental zone as a permitted use ? The Code protects a commercial district by allowing only municipal facilities that propose office uses only. 2. Are public works type uses and structured compatible with residential neighborhoods? Are there residential zones where the use may be compatible? 3. Is a police department and associated uses compatible with residential neighborhoods? Are there residential zones where this use may be compatible? r h. a?.'-.I,' 'Y V., .Y‘- fr- > ' ■ •i'V.p- t'-. 'E- h . ■p;.^ H:!" I . r Faci.li.wiss cf Nsichbcirmc C-- Decsraber 12, 1990 Pace 3 1.0 S If Plannino Commission members feel an amend.ment of the current Code section is aocropriater staff ca-^ wor the required public hearing redefining the scope oi. the review. Enclosures; Section 10.2C -R-IA Isv Referenced within R-13, RR-13, RR-l.i residential zones Section 10.40 Section 10.42 Section 10.43 Section 10.44 B-1 B-3 B-4 B-5 S2C. 10.20. R-IA ONE FAMILY RESIDENTIAL DISTRICT. 5UCC. i.Purrcse. lis-ricz is ir.rsr.ded to trtvida a district whtcr. wi_.^ ^ combination of low density residential ievelccmer.t and limited agricultural activity. Planned residential developments may be allowed by conditional use permit. Ibe district snail have immediate access to highways and public sanitary sewer. \/ Subd. 2. Permitted Uses. Within any "R-IA" One Family Residential District, no structure or land shall be used except for one or more of the following uses: A. One family detached dwellings. B. Public owned paries and playgrounds. ^ C. Municipal buildings.^ Subd. 3. Conditional Uses. Within any "K-IA" One Family Residential District, no structure or land shall be used for the following uses except by conditional use permit: A. Schools. Public schools and parochial or private schools which teach a curriculum similar to a public school provided no building shall be located within fifty feet of any lot line of an abutting lot in an "R" District and that a fence be erected fifteen feet or more from all street lot lines where the abutting use is for open play, and nursery schools providing fifty square feet of playground space per pupil. B. Churches. Churches including those related structures located on the same site which are an integral part or the church proper, convents or homes for persons related to a religious function on the same site provided no building other than a residence shall be located within fifty feet of any lot line of an abutting lot in an "R" District. C. Clubs, Camps, etc. Golf courses, country clubs, tennis clubs, public swimming pools serving more than one family, scout camps, YMCA camps, YWCA camps, church camps, or private non- ■ ■ ■ ‘ e trincipalprofit parks, playgrounds and other similar uses structure for any of the above listed uses shall be iOO feet or more from any abutting lot in an "R" District, and accessory structures shall be a minimum of fifty feet from any lot line. ORONO CC 279 (4-1-84) I r rv , 4 ^Utm ^ m 'J S2C. 10.40. 3-1 RETAIL SALES BUSINESS DISTRICT OUwG. u., T. ar sucrj.v ..1-----^ - - se’"viC3 r:rliT.ari */ -o- .ss-------s t.... districts cr ot.^e- ^ d'S“-ic'i shall have isanediace access to adIcGate highways and rtbiic sanitary sewer. 3—p^sGa.!.— Sa — as ^us—Gass i.a •t infant-permit in any B-i -.g .-^i.-«^red to the Planningreviewed by the Council anc ...ay ..e - - - -eu Commission for review. / cnhri 2 p«'*miitted Uses. Within any "3-1" Retail Salesno^^ciure or land shall be used excegt for one of the following uses or uses aeemea simna^ by the Coun il. p Retail and Service Businesses. The following . . j 1 sal^s and service businesses supplying S^di?fe» or.perior:ning a’servioe primarily for residents in the surrounding neighborhood: 1. Arts and school supplies store. 2. BanJes and insurance companies. 3. Barber and beauty shops. 4. Bicycle sales and repair. 5. Books, magazines, record shop. Drucs, candy, ice cream, soft drinks.6. cosmetics and ot.her usual drug store merchandise. 7. Dry cleaning and laundry pieJe-up stations including incidental^pressing_^and^repair.^^^^^^^ 9. Gift or antique shops. 10. Hardware store, paint store. ^ Hobby shops, camera and photographic supply11 stores. 12. 13. 14. 15. repair stores. Jewelry shops and repair. Laundromats . Loc.ksmith. . , Music, radio, TV, appliance sales and 16. 17. 18. 19. 20. Newsstands. . Office supply store, office machine store. Pet shop. hou,«,ares. fiimiture, carpet store. ORONO CC 332 (4-1-84) •• r i: r* h:'m w Ir 21.rOS Tiai subsraricr ■3 a a ^ 3S..« —£• p.3-2. — 1 i 3G C GI 2* ’ V 3, I. £ G — £ 3 3 r. 3 - — o su ^ • :a c 4. 2^ 26 . 27. Sewing cer-nar and yarngccds. Scorning gccds snore. Tailor shoes. _ Tecicorary sales suen as C..r isn.nas o <a lots.28. 29. 30. 31. Travel bureau. Variety store. Wearing acparel store/ snee stcr' Off-sale Liquor Store Source: Ordinance 29/ Adocted: 2-23-37 2nd Series V a. Municipal Buildings. Municipal buildings wnere t.he use conducted is custenarily considered to be an ocrice u «?nhrf 4 Conditional Uses. Within the ’*3-1” Retail sales BU3inesfDiV«i« no srruc-.ure or land shall be used for one ol^the following uses except by conaitional use perai . A Garages. For the servicing and repair^of * • •^lafaiT* ■^iinc^'cts are totallv enclosed i.» aautomobiles provideo repair /.unc—w..s a-e building. ^ Stations. Subject to t.he provisions set forth in Section 10.Si, Subdivision 13. c. Restaurants ca°feteria*-Vood is Mlected by^a%u8tomer “hile”|“nrthrough a Mble for cMsuaction. Neither live entertainment nor intox.cat.ng liquor sales are permitted in Restaurants (Class I.) Source: Ordinance 61, 2nd Senes Adopted: 5-8-89 D Restaurants (Class II). Fast Food, Convenenca, Drive-in, and liquor \tore^^Restaurant^^^ t.heir food^^a Vunter packagedto f.tlr-d\"..rrf ”!«' rt*\T7e/:e"r%rniU“^nts Which serve intoxicating liquor or have live entertainment. principal Site the same ownership another B ^ District and subject to those conditions as fo^ fn ledLn 10.61, Subdivision 4 and such other conditions as found necessary by the Council. OROMO CC 333 (4-1-84) iLLaiil p' SEC. 10.42. 3-5 SSC?Pi:iG CENTER 30SINS33 DISTRICT. ^t,p Shocain? Cenrac Sasir.esj Sabd. 1. _ -nravisions'for tr.e designating on .strict is intsncea bui’ldina retail sales anc service district wnacs a a coctcir.arad rhysical ?iar.. «ilitv with sue.-, district saai. ce sotoociately Vo'an aoocoved oian as ?c=viaeo avelopea as « havs iamediata accass to aceaj - Tll0 alS«--iCw 3iA»- ■■gbways and public sanitary sewer. e- *-•<.,« *^he owner or owners of any trac- Subd. 2. rAnt“’- Business District may submit if land in the "B-3" ase ’and development or all •o the Council a plan l°r .ne use requirements set forth in %ct for t.he purposes or Tie referred to the Planning •.aia Section. The proposeo plan -ha--^ Planning Commission shall ommission for study ana -epo * recommendation for transmit to the Council wheir .•onsideration and action. subd. 3. Single Ya^“ and" buildings" ..bis district »ay ?® Vj,VA be in' single ownership or under vOpurtenant facilitie c-ntrai authority.-Jagenent or supervision o£ =-. y subd. 4. or lan'd shall be used erceot ;.nt.r Business in the "B-1" District. ^ar one or more of the uses pet a Vis-‘'r?cf" no"^^r“cVure or"land"shal!'be use5°£« i“”Suo“w*ing uses except by conditional use perr,it: „3es. one or bor.^o£,tbe^con^Uiona^ a.tmltted and regulataa in -.le ■•aestaurants (Class^Ii^^^^^ Identification Sign. Vistr“t“the foUowinV^es p«xUtedlanter Business District, tne Accessory uses: -g-i" ;i„y accessory use as regulated m the B subd. 7. Area, Height, Yard, Setback and Design auirements. A. Area. The minimum required so B. Floor exJeed 28% o£ the total land at the gross leasable area shall not axc..u ea availeble. (4-1-84) Strict. A t 0 in h d e n f e s e d Y r r n e e g d s r t t c e e e e t t c }NO CC 343 • • ^ • I J ^ 1 ^ ^ ^ S ^ m a wC J. ^ C3. ^ — w . .— ^ w • ^ .. ,, !“f:.,i=.. ^<'^'^^[^i:tc^cVinsin^sz Siszricz s.aU_Se i;”ew'ei by tiie'ciuncl'i a'nd refa'rrad c= --he PU.-.nin? Coi.r.iaaion r= = review. Subd. 3. lor one''V/‘tbeni^i-ric*- no structure cr land shai- -e jsec exu-.-w following uses or uses aeemed j^ni.^-ar /A. B. C. D. E. F. Municipal buildings. Offices. Clinics. Art and school supply store. Book and magazine store. Office supply store. •state office. Banks, loan company, insurance company, real H. I. J m K. L. Barbership, beauty shop. Camera and photograph supply store. Locksmith. Hobby shop. Gift* store. M. M. 0. P. 0. R. Glassware and pottery. Antique store. Jewelry store. Watch repair. Library. Museum. S. T. U. V.w. Record shop. Music store. Tobacco snop. Galleries. Pet shop. Subd. 4. Conditional Use. X Within any Limited Business District, no ■tructur. or la>d "hill bV^used £oc one o£ the eollow.n, use, except by conditional use permit. 1. Candy, ice cream, popcorn, nuts, frozen lesserts, soft drink store.2. Dryclaaning store. 3. Tailor shop. 4. Pressing and shoe shine shop. 5. Laundry and cleaning pick-up stations. 6. Home and garden equipment rental. 7. Veterinary clinic. Kennels.8 «0N0 CC 348 (4-1-34) \L^ . ^ x-i • ‘ Ir' E\**' * i - TO: FBON: DATE: «« k*i ayor and City Council Mark E. Bernhardson, City Administrator March 28, 1991 SUBJECT: Police Chief Selection Process Attachment:A. Analysis for Proposal/Police Selection Process Draft B. Request for Proposals (Included in 3/28/91 Packet) Labor Relations Associates Sathe i Associates PDI (Personnel Decisions Incorporated) LeVang & LeVang Public Management Consultants C. City of Orono Request for Proposals Dated 3/4/91 ISSUE 1. Present to Council proposals submitted for police chief selection. 2. Present a draft analysis of those proposals. 3. Determine selection process: a. Determine if it is desireable search firm to conduct such. b. Determine which firm to use. to utilize a local c. Select which sarvices are desired. INTRODUCTION - The Council at their February 25th Council meeting directed staff to transmit Attachment C to individuals who had worked in this area. These wore transmitted on March 4, 1991 to the 5 firms. As you will note all 5 sent in responses. DISCUSSION - Attachment A was prepared as a meai.s help analyze those various Request for Proposal on a common format. As^ you will note the firms represent diverse backgrounds and practices. Some represent an industrial relations physiology background while others represent executive search^ selection and placement# still others primarily work in the area of labor relatic^s. Each of these do present a different angle on the approach, o^ner differences include: Expertise Experience Pricing As discussed# one of identification of areas individuals within and the keys to the process is the for imp.:overaent by discussing with .part from the department and city orgainzation. (This is requested in the request^for proposal on page 3 under areas for organizational development.) This identification is intended to have the persons identify what they consider areas that the new chief should be wording on, with that providing a basis for selection of an individual and once that p0f5Qri is on board it would be a work program from which that person initially starts. To have someone separately comt. in and do an analysis of the department and come up with recomm, dations would, to a degree, be meaningless because that consultant would not be the one responsible for implementing those changes. The expectation of the new rhief would be the one developed in the solution and the one committed to implementing those solutions. If a consultant is engaged then it would be appropriate to address the timetable and based on that determine what interim (department head measures may be appropriate if the expected start date for a new police chief would be after June 30, 199 1. A final issue is if a consultant is selected whether full ggj'y^ces would be selected or just selected services. While it is structured so that the City could select certain services the lines of responsibility to a degree did get blurred. A substantial cost of some of the proposals is determining areas fQP organizational development. While listed as optional it is an area of prime importance. Another variable appears to be the am ount of psychological testing done b} the various approaches. Use of such testing by placement firms differs by the area of practice and their background together with the "level" of job being selected. For some firms however, this forms t.he backbone of their practice and they place heavy reliance on these tests as ^3 prediction. Others use background references, experience an Jiscussion with the applicant to ascertain similar ini. n.Jtion. ALTERNATIVES - Issue il and 2 - 1. Accept the information 2. Ask any questions. 3. Make suggestion', or additions to the analysis. Issue #3 1. Choose not to go with either firm. 2. If so, determine the following; a. Select one firm based Request for ?Ejpos“ls or. b. Set a date to interview 2 to 5 of the individual firms RECOMT'ENDATION - It is recommended that the Council after asking any ques*.-ns and indicating any changes desired in the analysis of propo-^als then be able to use that as an assist should the various firms be interewed. Issue #3 - It is recommended that if the Counci 1 decides to go with executive selection firm and it could establish 5 P.M. on Thursday, April 11th to spend about 20 minutes with each of the firms. It is additional!- mended that Council limit that to no more than 3 firms ar. is point it is recommended that Labor Relations Associa ..athe and Associates and Public Management Consultants baii. - i area of practice and experience particularly in the Metro arew v.’ith police selection. If a firm is selected, then a contract would be negotiated with that individual for final approval by the Council. It is hoped that if Council would make a selection by April 11th or 12th that a contract could be negotiated by the April 22, 1991 Council meeting. PROPOSED MOTION - Moved by seconded by that Council accept the information from staff and give regarding further process. Ayes _, Nays _. staff direction r’^r-Tr I • < i r ?■ ::rjT fL cm tmr^Post Office 3ox 56«Co*staJ 3ay, M OF eftrawer On the North Shore of Lake Minnetonka T ^ ^ ^ w ^ ^ March 4, 1991 Cy S.T.ythe, Labor P.elabaor.s Asscciares Larry Thompson, Public Manacement Personnel Decisions Incorp. James Brim.eyer, Sather & Associates LaVang and LaVang Consultants 4010 Bayside Road Mapla Plainr MN 5o359 Daar Drs. LeVang The City of Ocono Is solicitino proposals to assist it in selection of a new police chief. So “al\e=7Ji/ert":o""ne/otfatlSn between a selected te.tdor and the City. *-r *Sincar^y,, y, ^ jaric e7 Behwaardson City Administrator cc: Mayor and City Council MBUwmcaaowiwc.oi-igy ;<ISTBAnON a riMAMCE ■UC>4134m PUBUCWOl RECtrSST FOR 3SRVTC2 POLICE CHIEF SELECTION BXZCOrrTK search firm Attachment:A. Service Options 3. Police Chief Compensation C. Excerpt Personnel Rules D. Excerpt Police Department Manual INTRODUCTION - The City of Orono is seeking proposals from executive search firms who have experience in the area of Police Chief/Department Head selection for municipalities, particularily in the Metropolitan area. The City is in receipt of a resignation from its 16 year Police Chief Melvin Kilbo which is to be effective on June 30, 1991. This early notice given by Chief Kilbo allows the City to undertake a selection process and have an individual selected by Chief Kilbo's retirement. ORGANIZATIONAL SUMMARY - The Police Department of the City of orono is composed of 15 1/2 sworn officers together with 1 full time secretary, 2 part time secretaries and 2 part time Community Service Officers. Among the sworn personnel are as follows: 1 Chief - (Base contract) 3 Lieutenants - Have adrainistrative/patrol/investigative responsibilities “ (Base contract) 11 1/2 Patrol Officers - patrol/investigative duties 5 > (Base contract) 2 1/2 - Specifically assigned to Long Lake 4 - Equivalents specifically assigned to Spring Park The Chief of Police, while formally appointed by the Orono City Council, Is a department head that reports directly to the City Administrator. The Police Chief in addition to being the Police Department head also works on contractural and service coordination arrangements with the four fire departments that provide service on a contract basis to the City of Orono. The City in addition coordinates advance life support provided by north Memorial Hospital and provides on a contract basis, animal control services through the City's CSO system to Long Lake, Minnetonka Beach and Spring Park. *11 i‘i nVi III u r- ^ • V,- sh, _________ st'UCture W2S 2 rssul': of a transition which haoan in rrsT'VnV’ooapletad in '390 ahanging f-'on a four tier to a three ti»" structure. The Patrol officers are represented by Law Enforcement Labor Services with the supervisors in 1990 becoming a bargaining unit also represented by a different business agent with Law Enforcement Labor Services. COOTHACT SERVICE - As noted t.he City of Orono (population 7300) dees provide police service on a contract basis to the Cities of: Long Lake - 1»900 Spring Park - 1»500 Minnetonka Beach - 600 The contract service arrangement splits costs between a base contract for which a formula proportions the cost among the various cities together with allowing the communities of Spring Park and Long Lake the ability to select a higher level of service and coverage by specifically paying for additional officers. The 2 1/2 additional officers provides approximately 60% normal patrol time to the City of Long Lake and the four Qff^cer equivalents which is done by three officers specifically assigned together portions of 3 other officers partly assigned equalling 95% patrol time in the City of Spring Park. The Chief of Police is primarily responsible for preparing the budget and communicating with the contract cities related to these items with assistance from the City Administrator. The City Administrator and Police Chief are involved in labor negotiations with the two bargaining units. 1991 (1991 Proposed) CSost of Base Service % of Total Cost of Total Service % of Total % of 1989 Part I and Crimes Long Lake $104,890 13.3%243,491 21.4%21.1 Sjpcing Park $ 77,632 9.8%278,826 24.5%23.3 Mimetonka Beach $ 51,831 6.5%62,289 5.4%3.6 Orono $553,518 70.2%553,518 48.7%51.8 i ^ The factors used for the base police contract rorniula are as follows: Square Miles (12.5i), Population (2S%), Miles of Streets (12.51) and Assessed Value (50%). Ex pected - Possible Process/Serv ic_e - Because of the unique nat-re of the contract service provided by the City the scope of services will include involvement of representatives from the contract cities during the process. The anticipated general process is outlined in Attachment A either list primary and optional pricing on the columns in Attachment A next to each item with a total not to exceed at the bottom. In addition to those indicated together with separately pricing any alternative process. i RECRUITMENT r' • nr- Position Description - rurrent PosMon Description - This will represent a description of the job as it currently exists. Applicant rharaeteristics - The executive search firm would identify characteristics for applicants together with screening criteria for both initial and final screening. Coroensation - Compensation for the position for 1991 is as outlined in Attac.hment B. Areas For Organisational Development - The consultant will spend time with various constituencies including supervisors, patrol officers, contract cities, Orono staff members and Council in a review as to appropriateness of the current position description together with identifying areas for future organizational development and customer service by the new police chief. It is anticipated that this may require a substantial amount of time and prior experience with police departments by the consultant will be helpful. Recruitment - Announcement - It will be the responsibility of th^liLtn to place ads in at least the ] V'r. y-n--- following pub-icawior»3;,'If daadlir.es ara not a problem) League of Minnesota Cities .Magazine/or Legislative Bulletin Minnesota Polica Chief Minneapolis Star/Tribune Active Recruitment - It is additionally to be the responsibility to actively recruit qualified candidates in the Metropolitan area and State of Minnesota together with other qualified applicants the firm is aware of within a reasonable distance (200 miles) of the Twin cities that may lie in other states. APPLICANT SCREENING initial Criteria - It is to be t.he responsibility of t.he executive search firmr based on applicant criteria^ to narrow the field to an initial 10 to 15. These will then be reviewed by a composite of Councils contract cities and staff. Secondary ~ Based on that^ the consultant will assist the above listed panel in reducing the number of applicants in the range of 3 to 5 for final selection. FINAL SELECTION - Background Screening - The firm will conduct the necessary background screening including; meeting qualifications and necessary Bureau of Criminal Apprehension screening for police officers prior to final interviews. Please separately price the cost of a psychological screening. Interview Process - Questions based on selection criteria and priorexperience; develop a questionaire and scoring for the final interview panel together with providing the background information on the individual. Position Offer - As an optional service the executive itltlhn/n^uSaf tor... r- S' ti•ici h: C.\ • :'r^ 'k r,7..-. *f-i L •'• • [p-w ^1 tk A-.-." • t search firm can provide negotiated services for the process. CRITERIA FOR SELECTION - In addition to the general familiarity in selection of department heads the following represent criteria considered during the review process for proposals: A. Experience in Police Chief selection 3. Pamilarity in selection in the Metropolitan area. C. Alternatives to proposal 0. Cost of services E» Type of process proposed together with level of involvement F.Any experience in similar situations where Department Head is involved with providing contractural services to other entities. the The City retains the sole right to select who it chooses to assist it and the scope of services to be provided on a negotiated basis once they have selected a firm. The City additionally retains its right to undertake the process on its own. It is anticipated that if they do proceed with a search firm that they will undertake a contract process for defining more specifically the scope of services to be undertaken. Should you have questions, please feel free to contact Mark Bernhardson, City Administrator, City of Orono. Responses are requested by March 26, 1991. T . k:. ■ I ■ , ■ > .1 D DI R I Daw lop DavelopKiit Interview Review Interview SKRcricn pnxTSS Level of Involvement COUNCIL cxiNmncr citicj OTAIF 121990.1(81) ATTACHMENT A EXEC STAncn BXBOmVB soucn rim PRIlfUV a>Tll SERVICES \ '•Rosltlon Deacclptlon Oirrimi Rosltion Desicrlptlan Review Review Review Develop (O/Asslst Develop (0)/Review I:-.A|pl leant Characteristics Review Review Develop 10) cnipnnsnttai Review Review Develop (0) ' f' ^ • fV’reenlng Criteria Review Itovlev Review Develop (0)/Assist if-Arean Cor Orsanlsatiunal Developaent Review ■i Revlc?w De’-lop (0)/Revlew K - v‘* * '^ • r •Racrultimnt ISnouhccaaent Submit • 'V'' ' [' ■ J- Active Recruitment Undertake as agreed to t 1 ■ hr*; . ■■ f A|¥llc.*int Sctecnlnq (Anticipate 75-100 Amlicatlonsl Based on InlHii Criteria Screen to 10-15 Review Screening Screen 'f" ^ 5^..^:, r. f'k' Secondary Reoamcntl 3-5 for Pinal Representative(s) on screening ponel Representatives on screening panel City Administrator/ 1 nepartment Read Possibly 1 Police Sif>ervlsor and 1 Patrol Officer ?■1-IISt.-. V ' '1 . •• 1 :» .“■J 1 COJNaL COfTRACT CITIES STAFF EXEC SEARCH BOOmVB sEMca rmipmMv cma«L SBWUZS ____ Final SelectIon (3-5) fiackgrowd Scre<?n)ng oonduct Bacitgcotnd Screening Intecvlev Pcooess - Questions Interview 3-5 (Maybe council Silxxinnlttee) 1 Representative ftc«« the 3 Oonimjnltles on Final Panel City Administrator Participate In Final Panel Rccownendaticn to Oouncil Develop questions and Smrlng - Scoring (If Any) Selection Pnoltlon Offer/ tiegotlaticn (1C Needed) Review Offer to Socceaaful Canriidate Participate as liniCoordinator (O) Offer (O) Transition (If Any) 0 - Represents Services that will be Listed as Optional In Request for Proposal % •{ not to Estlante of Billabls Apart froai Servios Pees If Any y r'>* y i.. 7 iV % \lK •PE "• - £5 ! V CITY OF ORONO initial compensation outline CaiET OF POLICE SALARY Present range per 1991 Compensation Plan $21?761 - 25.061 ($45,262 - 53,250.08) in addition the Chief receives up to a 5% incentive based on cities with whom contract police services are provided, broken down as follows; 2% - Long Lake 2% - Spring Park 1% - Minnetonka Beach This raises the maximum range to ($47,525.10 - 55,912) agT.ATED BENEFITS The City provides for single coverage of: Health Life Insurance ($5,000) It will pay up to $231.00/month in 1991 for family plus single life insurance on the employee. FLEXIBLE BENEFITS PLAN The City does offer a flexible benefit plan under IRS Section 125 which includes as pre tax Day Care, Medical Benefits Plan and Health Premiums as outlined in the plan. VACATION This will be a function of negotiation successful candidate. with the SICK LEAVE This is 1 day/month. A maximum of 960 hours is an allowed accrual with anything over that going into a catastrophic sick leave bank of up to 320 hours. The successful candidate will be given a credit of 320 hours sick leave. Cr.dlt fot 1/3 of sick leave after 3 years -ill for the amounts of sick leave over that initial 320 hours. r HOLIDAYS The City has 10 scheduled and 1 floating holidays. J- t *ti"' C \ I.-r # .1. !r r a •V ' ■ > 103. ADMINISTRATOR'S DUTISS AND RESP0NSI3ILITI2S du»iss 3nd r0S5®^Si3il — wifis of tJjs Ad<u^ni.sSwSf shall^include the following: 1. Supervise and direct the adainistrative affairs of the Citv and all desartaents and contractors thereof and to s^ic effectivene'ss and efficiency therein. 2. Advise the Council regarding the policies, affairs, financial condition and needs of the City. 3. Recommend an annual budget or budgets to the Council. 4.Carry out the policies, budgets, and directives of tr Council including any attendent purchasing functions. 5.Preserve the public peace, health, and safety of persons and property and see to t.he enforcement of the ordinances of the City and general law. 6. Administer the personnel program of the City 7,Perform such other functions and have such other powers as may be established by general law, ordinance or resolution of the City, or as agreed to by the Administrator and the Council. 104. DEPAHIMEliiT HEAD*S DOTISS AHD RESPONSIBILITIES City department heads are expected to: 1.Be immediatelv responsible and accountable to the Administrator for the effective administration of their respective departments and all activities assigned thereto in accordance with the program and adopted budget . 2. Submit such reports of the department activities of their departments to t.he Administrator as requested. 3.Effectively supervise department employees and to maintain efficiency in their operations. Department Heads may adopt and enforce departmental rules and regulations not* inconsistent with this Administrative and Personnel Policy, with the approval of the Administrator. Should one rule or regulation be more stringent than the other, the more stringent shall apply. Report upon the efficiency of subordinates and notify the Administrator of changes in duties of their employees in order that the compensation plan can oe maintained. 105. RgSPOMSIBILlTZES OF CITT EMPLOYEES CP.oin C police ^ A .‘. w*< ^ ’^TT'D '/ !.» %-•^ ^ 400 . S-A (~y T P ■ J-- IV V’* ^ p r-■«* ;7 3 r**/ Qb'^6C'tiVQ Ct ^■»- u'r. r Z- -L 1 C0 «- 3"*-:*—^'--I 1’-.•-:*= and orcoeroc*ecnive3 or erase, ^-.--s ------ 4-- ~ ^ ^<->1-^0 fur. czi^r.s •supervision c. a--. ----- M-aior Q- A'------------------------:- 2. j. 4. 5. 6. _ — 4 V> 4 T44»^r5£.':Tes respc..j — x^~^j - 1—.. —— ~-..- w ^"ion of ell ^-~~ »• f-^o <31""eonlon sno a'».*^n r'.enent aceivmas. a) b) c) d) e) unirorrr. peeroi i...es-.----------- ^dministrerion and corr.nr. i'-c-io»<o Support services Coordinate «- «r-..---.Tc*- ^'-■= .iecart.T.ent activi _■• C^^vll G8f0r.S0 dir9ct:cr f) Liason between contracting cities Plans, schedules and coorcinatas the c.r-= <=--o.. and functioning of the Police Department management activities. Defines and assigns duties, methods end level of ner- _ ^ SO 9S toformance e.xpected rrem eacn o ---------- -.w..-- remove areas of uncertainty that may otherwise exist.^ ^ Reviews performance of each officer assignee ana provices ooportunities for two-way discussion of their perrormar.ee: , a) Recognises problems which affect performance within the depart.ment and takes pro.mpt action to determine facts and develoo corrective action; takes or recom mends disciplinary action when justified. b) Directs staff to similarly review performance or officers assigned under their supeir/ision. Personally handles citizen inquiries and/or complainvs. a) Handles such inquiries and complaints in a promp . peditious manner so as to assure public respect or law enforcement. il - Participates with the City .=.dministrator in the ® ' planning of department operations and procedural po i in a manner which will assure coordinated planning an <■«... 1 a—■*- arrre«d uror*. olars. 1 ORCNO POLICE DEP.-J^.CMEN’T -Z E ? A ?. rE L' T V-A' • A. L 400.3-A t It- A A CHIEr (cor.tir.uec / A w • 3 1 1 •^V» a c <a 5 o — sor t*i0 w-4.^*'—^w-.-.w — and the investige-.ion unit, including the indivi due. per ­ formance of the staff as a basis for two-way oiscussion and thereafter counseling and/or commending aS may -e justified. 17. Personally nancies i.ncuiries s.. c.......----- absence of the City .idninistrator . Fvar^nles of Performance Criter-^ l‘. Meets ell requirer.er-.ts es '.Ushed by the City or Orcr.o for this position. 2 Meintains e working cli-ate within the areas rianageo which resilts in r.otivatior. cf each offioer assigned to achieve a high level of performance. . ^v,rhr-,"(-w <=>dc‘= of the orincipies and3. Maintains a thorouc.. k..wv- -- _Sra-— -.— I'-'s nist rat ion and law en- forcement methods and techniques Maintains a thorough knowledge of the Criminal Code . City Ordinances, Rules of .Arrest and Sesrch and to assure legally accepted procedures are communicate and practiced. . . Has proven ability to plan, evaluate. i..st-uc- the work o£ officers in a manner which com-ands their respect and results in effective police work. communicates effectively in making oral or written reports. Develops, maintains and promotes a cooperative ®" „onious work relationship with fellow officers within and outside the department and with the general pub ic. .or^^n^lbllitv for work of Others Direct supervision over: . a) Assistant Chief, Sergeants, and/or other depar-.ment I I personnel. *ar suoe-vision of departmentAssumes full responsibiliw^ ..or Swpe- personnel. \ I » PUBLIC MANAGEMENT CONSULTANTS 45^-1 !DS CENTER • MINNEAPOLIS MN 55402 PHONE i6l2) 337-5308 i :: ff V April 16, 1991 Mr. Mark Bernhardson City of Orono P. 0. Box 66 Crystal Bay, MN 55323 Daar Mark: 4 Pc 1 7 /QO C m: iI4- Vf Vi. ■ '.■•V y ■ f .• While driving home last night, I realized that I had not completely answered Diann Goetten's question regarding the portion of my time spent in consulting activities related to law enforcement. Since the City Council did not take action last night, perhaps you could forward a copy of this letter to them. Approximately 60% of my time is spent in administrative and professional consulting for the Minnesota Police Recruitment System (MPRS). The MPRS currently has 35 members, and last year it placed 77 police officers, so MPRS activities obviously represent a significant workload. About one-half of the remaining 40% of my time is spent in other consulting projects directly related to law enforcement. I appreciate the opportunity to have met with the City Council, and I look forward to the opportunity of working with Orono on this project. In the meantime, if you have any questions regarding our proposal, please feel free to contact me. Very truly yours. ipson LDT:cm ■ h'. -li } fc- \r, m *t 1 C r i . 4 •' . ) TO; PROM: DATE: « m i*!ayor and City Council nark E. Bernhardson, City AdministratoV^^ /' \ 'l./<r-N \ % April 16, 1991 >? SUBJECT: Police Personnel % Attachment: A. Chief Kilbo nemo Dated 4/16/91 ISSUE - 1, Present Council with existing and anticipated changes in the personnel status within the police department. 2. Propose a manner to currently handle those issues. INTRODUCTION - As you are aware Lt. Moran has tendered his resignation effective April 18, 1991. In addition, as noted in Chief Kilbo's Attachment A, it is anticipated that Officer Roberts, .r temporary full time officer, will be offered a job by the City of Bloomington within the next several weeks. It is additionally anticipated that Patrol Officer Dembouski will not be returning until sometime in July. DISCUSSION - Attachment A outlines the various combinations of hiring and/or appointing a patrol officer and/or a Lieutenant. It is the recommendation of the Chief the current vacancy in overall personnel that exists because of Lt. Moran's resignation from the police department be at this time filled with patrol officer. From the time officer Roberts would leave for Bloomington emd until officer Dembouski comes back, the City will still be short a patrol officer. It is the Chief's additional recommendation that the Lieutenant position not be filled until the new police chief is on board and has an opportunity to review departmental personnel and then solicite candidates from inside and possibly outside depending on the organizational makeup at the time. It is additionally noted in Attachment A, a part time patrol officer has indicated interest in becoming a full time police officer. It would still be appropriate for the City to go through the Minnesota Police Recruiting System in order to protect itself and avoid a discrimatory hiring process. The current part time officer has tested with that system and would be considered with other candidates who may be interested. ALTERNATIVES - 1. Authorize hiring of patrol officer. 2. Authorize appointment of a new lieutenant. r r N 3. Table for further discussion. 4, Take no action. RECOMMENDATION - It is recommended that supporting the Chief’s recommendation in that: A. A patrol officer be currently hired through the Minnesota Police Recruiting System (MPRS) in order to fill the personnel man power vacancy in the department. B. That appointment of a new lieutenant await the appointment and the decision of the new chief. The new chief could then, based on the personnel composition at the time, do one of the following: - Appoint solely from within - If a vacancy then exists in the patrol ranks solicits both in house and outside. (Should the situation be such that a new Chief would desire to go outside he could present evidence for either a temporary or permanent expansion of the police force, which would be subject to Council approval or disapproval.) PROPOSED MOTION - Moved by _, Seconded by _, Council authorizes staff to employ an additional patrol officer to fill the total vacancy in the force created by the resignation of Lt. Moran and defer decir ons regarding appointment of a Lieutenant pending the new chief ueciding how to go on the matter. Ayes _, Nays _. ir rI hv- -•'f ■' ' •' ' '■ TT^ffliteriJrA DATE: TO: FROM: SUBJECT: April 16. 1991 Hark Bernhardson, City Administrator Mel Kilbo, Chief of Police Police personnel employment The resignation of Lt. Moran, the possibility of Officer Tim Roberts (a full-time temporary Officer) being called up by Bloomington in—early May and the "unofficial” return date of Officer Jay Dembouski being sometime in J*>1> , is causing concern to this department. Additionally, the final selection of the new Chief is at least ^ months away at this time. After May 30 1991, the Lord Fletchers crowd problems and the summer vacations begin. I will note several options to be explored to solve the problems: 1. Hire a patrol officer (instead of replacing a Lieutenant at this time). I believe we could have an experienced Officer aboard by June 1, 1991 by going through the Minnesota Police Recruitment System hiring process. Our current part-time Officer Rick Kamitz is now interested and has participated with the MPRS process. By this move, we could have an officer on the street to cover the period between Officer Roberts leaving 2uid Officer Dembouski's return. The patrol officer position would also alleviate the excess overtime that would be needed otherwise, summer vacations, etc. As em added feature, the "new" Chief would have time to evaluate his team. This evaluation could look at the number of supervisors needed, whether an investigator would be more valuable than a supervisor, or is emphasis to be on uniformed patrol? 2. Replacement of Lt. Moran with another lieutenant. a. b. do it immediately 1. from within the department 2. from outside the department wait until new (Hiief is aboard 1. Whether he chooses one from within the dept. 2. from outside the department 3. Reorganize the structure of the department by appointing or hiring a non-sworn person to handle many of the desk ? ■ " «r duxles 'tha't the lieutenan'ts now have, such as scheduling* ordering material, the budget process, etc. This action would free the lieutenauats for street supervision. This person, hired at a lower rate of pay, would allow money not used to go towards an extra patrol officer or an investigator. This person could additionally be in charge of the clerical staff and animal control duties, thus freeing the Chief for overall supervision. It is my strong recommendation that the department Immediately hire an experienced patrol officer to begin the summer with adequate man power. It*"is my further recommendation that the department wait with the lieutenant selection until the new Chief is able to assist in the process. A Chief must be actively involved in the choice his supervisors. I would strongly recommend the department open the Lt. position to outside personnel as well as from within the department. I also recommend the^ use of an outside firm, selected by the council, to recruit, interview, grade €uxd to present a slate of cemdidates to the Chief and City Administrator, who would then recommend a person to bo hired by the Council. The person selected for the lieutenants position has to be a person with strong people skills, strong management skills and be a team player who fits into the Chief’s management plan. rr L h .•V 41591.9 r TO: PltOM: DATE: Mayor and City Council Mark E. Bernhardson, City Administrat April 17, 1991 dtp * ^ '■'4'n % SUBJECT: Public Safety Discussions Attachment:A. City of Orono Letter Dated 3/12/91 (Selected Attachment Enclosed) B. City of Orono Letter Dated 4/2/91 C. City of Orono Letter Dated 4/17/91 ISSUE - Determine what action, if any, the Council desires regarding potential discussions with Long Lake as they relate to Police and Fire services. INTRODUCTION - The Council received a copy of Attachment A which was transmitted in response to a Long Lake inquiry. In addition the staff has provided information to Council regarding the general parameters of fire service provision from the City of Long Lake. DISCUSSION - Although invited to ask any questions the City ot Orono has received no verbal or written response on the police services memo from the City of Long Lake. In addition, as noted in Attachment B, the City’s Finance Director had requested additional information from the City of Long Lake regarding the current billing the City is receiving for fire services from Long Lake. There have been preliminary indications from individual Long Lake counciImerabers that they would like further discussions of these issues with the City of Orono. As noted in Attachment C that Long Lake has not paid either their first or 2nd quarter 1991 police payments. ALTERNATIVES 1. Accept the information and take no action. 2. Establish a method for discussions on each of the services separately. 3. Jointly hold those discussions. 4. Format for discussions - Staff to Staff - Council to Council - Select a representative from each city. 5. Table for further discussion. 6. Choose not to ui. .rtake further discussion at this time awaiting written responses from Long Lake. RECOMMENDATION - If the City of Long Lake does express formal .?■ ■V [h written infor:nation regarding discussions on either of them, it is recommended that the City appoint representative(s) from Orono to discuss the issues with representative (s) from the s,ity of Long Lake. The full Council will be apprised of the progress of these discussions. PROPOSED MOTION - Moved by _, seconded by _, Council accepts the information provided by staff and awaits further response from the City of Long Lake regarding these discussions. Ayes _, Nays i. rJ-' K- i'-rt . i', 1'; l:i P:r X-\ P'fo It - /-/TTfiOf/ffie^.r Pcm crrv^ QF aRONOd Post Office Box 66®Crysiai Bay, ’ On the North Shore of Lake Minnetonka March 12, 1991 Mr. Christopher Dietzen Larkin, Hoffman, Daly and Lindgren, Ltd. 1500 Northwestern Finance Center 7900 Xerxes Avenue South Bloomington, MN 55431 Re: Your Letter Dated 1/22/91 - Police Contract Dear Chris, In response to your letter regarding police services, the attached memo from Chief Kilbo is an initial response to your letter. Both Chief Kilbo and myself would be happy to sit down and discuss any further questions or issues with you at your convenience. .ncerely MarMc E. HBecnhardson City Administrator cc: Mayor and City Council Betsy Swartwood, Mayor Long Lake BUILDING A ZONING-473-7357 ABSaSING AOMLNISnUnON A nNANCE - 4T3.7355 FAX-47349M PUBUC WORKS - 473-735* c ■ DATE;MARCH 12,l??i TO:MARL SERNHARDSON,CITY ADMINISTRATOR FROM;MEL KILED,CHIEF nf cm 'r~ O * u. - - - - ^ RS;LCNE L.9KE POLICE CONTRACT T h*v« iooir^rt ^T. Hr-. ui»»r.7i»r» «« reaocrided to tr»e ooints listed below. ^no 1, 12q7_CoAtr-Act _ The epectnc suestinns raised in h-. DlStZ^ » Paragraph « r»ia-am tc th» amount O* overtime Charged. WM J ' the niliirsa does reflect the actual charge Tor overtima to soecific Long Lake 1nvestlcatioos, you will note that tha City oT Drons, as outlined in the October >ird letter, is willing tc calculate tne overtime in accordance with the contract! which will reduce the charge of ♦9537, the total overtime <Saae plue euppiementai) for Long Lake to ♦9451, Ab notes in the letter, we will be nappy to reduce the 19S9 charge bv the *Sd di-f-f erence. This method then aeeuratalv reflect* the contract and is in the accordancs with the level ot‘ service clause as Long Lake is tnen charged its prorata share of overtime costs under ooth tne baeie and the auppiementai arO therefore, tne iasue of soeri + ic i n vest* i gat n*-v time is not relevant. Aa veu may not be aware, the preliminarv 1990 actu vigures were under budget witn a credi t to Long Lake o-» appro;:♦430C’. 2. Contrect .g.rnpneed_Jn Mr. Oiettsn s opening remaricB.^it wee' indicated" that he had been aakeb to review ^he proposed 1991 contract between the cities. As noted, rage 4, Lino 23, Termination, this agreement shall remain in 1 ^orce and ettect trom January 1 to December ul and Bhall ba automatical 1v renewed thereafter for each successive contract year u_niej»e terminated oy ei tner party bv servina wr’itten notice upon tne city clerk ot ail contraotino eitiae bv October 1st ot the current contract year. As you can see, I believe we are into tha 1991 contract, but would most heartedly agree we should taiy About the pnopoeed 1992 contract. t. Under B, for _ *act issues, please note Line 21, ?aae 8, states, “on Aug>’r.t 15th of each year during which this contract reaains in effect, the city of Orono shall notify each contracting city of its preliminary estimate costs for the next contract year." Again, the city of Orono must on September 15th, notify the contracting cities of the estimated costs for the next contract year. Therefore, the City of Orono is, by contract terms, bound to complete the formula and the cost distribution using the figures available before August_J.5. Any revised figures will be applied to the 1992 contract. Prior to this, Long Lake has not requested corrections nor amendments. The tax capacity figures that were available are Indicated on Attachment A of the 1991 contract figures and are for payable 1990. The Formula has always used the current years tax capacity (previously mill rate) for the following year (’89 figures for ’90, previously ’88 for ’89, etc.) as set forth in line 10-15 of Page 8. Population figures as well for the new census were not available on August 15, 1990, as the Metropolitan did not do census estimate for 1990, as they were awaiting the census. 3. Formula Eactora, - A. Roads/Area - A number has been agreed to by previous administrations. If it should be changed, we should discuss that. The figures for streets and square miles were previously given to us by the City of Long Lake and have been the same for the past twelve (12) years. In respects to the miles of roads, I have an updated figure for the city of Orono from Public Works Director John CSerhardson. The city roads are 58.39, county roads are 26.06, state roads are 3.22, as set forth in line 18, Page 8. Since the formula states "and other public ways" private roads have been excluded. Mr. Marv Wurzer, City of Long Lake, states that Long Lake has 8.2 miles of city roads, 3.3 state roads, for a total miles of roads of 11.33. We will double check all figures in respects to miles of roads to be certified by the city engineers of the respective cities. We will be happy to discuss negotiation of the issue related to private roads. B. Land Area, Dry Land Area - The 1990 contract expresses area in "square miles", T converted Mr. Dietzen’s figures to it. The cont* effect since 1979 and the contract miles. figures have been in essed in square According to follows: 1987 Metro1 Council figures, areas are as Acres Lake/Dryland Sq.Miles Contract Dietzen Total Excluded Total (Acres- Figures 640 sq mis) Letter Figures OR 15.979 5704 10,275 16.05 15.85 18.45 LL 583 58 525 .82 3.00 .73 SP 390 166 224 .35 .35 .37 MB 311 22 289 .45 .50 . 48 4t-jaQld_JiarinIeS.3. - In your letter, Mr. Dietzen inquired as to Exhibit B, paragraph 16. marked Hold Harmless. Under the Hold Harmless and Indemnification clause, the city of Orono states it does have liability insurance. See liability insurance certificate attached. However, the city of Orono may not have the amount or extent of insurance to sufficiently cover Orono completely .and to pay all expenses incurred by the city including attorney’s fees and Judgements rendered against the city of Orono. Therefore, the city of Orono exposes itself by contracting to potentially underinsured and non-insured liabilities. An example might be a case brought under US Title 1983 for Civil Rights, which is quite extensive in its financial responsibilities. Specifically, you should also be aware that the Hold Harmless clause is similar to the one In your fire contract with the City of Orono. 5. Specifically Assigned Officers/Patroi nistrlcta/Wumber of Officers ~ Finally, on Paragraph 3, Page 2, he has a concern with the contract that reads, "There shall be 2-1/2 additional officers identified as individuals who when on duty shall be positioned within the city of Long Ladce"- This particular area has been amended by Mayor Calliper and Owen Smaby, and finally Mayor Kunze up to and including January, 1988. It was agreed that the Long Lake patrol district would take in from Cty. 6 and Hwy. 12, covering up * Cty. 6 or* the north, to Long Lake Road, and from Hwy. 12 and Long Lake Road going to Cty. 6 and Hwy. 12. That was changed in 1989 at the request of Mayor Kunze and the Council to cover just the city boundaries of Long Lake as it is now currently a patrol policy, so they are in the city of Long Lake. You might also note that with the stationing of the police in the city of Long Lake, there are at any given time at least one additional officer, the police chief, who is available to go out on calls to Long Lake. There may be. Long Lake cars, doing one thing in Orono, while another Orono oar nay bo pat-roL1.in;? Lon;? baico. At, thin them has been no response -and no complaint on this particular situation. If improvement is needed, we will work toward that end. Emergency response times in the city of Long Lake is approx. 2.3 minutes on the average. 6.-Scheduling - As to the question of scheduling of police officers being done by someone other than the police chief. The scheduling of the police officers is done by the police chief, with ongoing adjustments by the supervisors. These schedules take into account Fair Labor Standards, police service contract requirements, officer availability, and labor union requirements. I don’t believe the internal scheduling of officers should be addressed in the police service contract. The focus of discussion of service between the cities is on the amount of coverage provided and when that occurs. 7- Charges for Services - Mr. Dietzen mentioned that the contract provides for administrative overhead charge of 10% and a contact charge of 6% of the net budget, as set forth in Paragraph 1, Definition of Terms in Page 2 of the proposed contract. I suggest you look at a letter that was sent to the City of Long Lake on November 14, 1978, in which City Administrator of Orono indicated that on October 3, 1978, Orono’s Mayor VanNest, Chief Kilbo, and the Finance Director Tom Kuehn met with Long Lake’s Mayor Famand and City Attorney Arlo VandeVegte to discuss the 1979 contract for law enforcement. This meeting was further clarified by letter to Mayor Pat Famand, dated 12/4/78. The letter read. "Dear Mayor and Councilmen, This letter serves as a statement and purpose of Item 15, cost to the party of the second part, Subd. B, contract charge. City of Orono has built in to the contract for 1979 a 6% contract charge. The intent of this contract is to provide police protection to the city of Long Lake at cost. It is not the intent to make profit, nor to be doubly compensated for police services through any of the contract provisions. Sincerely, W.R. Benson.” Copies of these two letters are attached. Therefore, this particular portion of the contract has been negotiated with Long Lake in the past and is now a part of the contract, and if they wish to renegotiate the contract, this should be discussed for the 1992 contract. It is worth noting that a comparison of the City of Orono’s Police Department service costs with the Part I and Part II crimes. While not a perfect comparison by any means, it still represents a fairly close gauge of level of service rendered to cost. (1991 Proposed) Cost of Base % of 1991 Cost 1991 1989 % of 1989 of Total % of % of Part I-II City Service Total Service Total Actual Crimes LL SP MB OR $104,890 77,632 51,831 553,518 Total 13.3%243,491 21.4%21.9 21.1 9.8%278,826 24.5%24.5 23.3 6.5%62,289 5.4%5.1 3.6 70.2%553,518 48.7%48.4 51.8 (As has been noted in the last couple of years, the rough measures that in using Part 1 and 2 crimes have indicated that the cost allocation formula presently used in the Police area has some validity to level of service of service used.) A N > *" ' 4> ^■**ES«0*^ CITY of OR( Mtiflicipiil OfTkta Post Office But 66 Cnsial Ba%, Minnesou 55323 April 2, 1991 '■ U' ?'■' Ife. LuVerne Hanson, City Clerk City of Long Lake P.O. Box 606 Long Lake, MN 55356 Dear LuVerne, Enclosed is the first quarter remittance for the 1991 fire protection service contract. We^ would appreciate the opportunity to meet and clarify some points regarding the fire contract costs and cost allocations. ?lease call me to arrange a meeting or to discuss our concerns. Thank you. Sincerely, Thomas M. Kuehn Finance Director Enclosure dc; fSr.' , ; telephone •473.7357 • FAX • 473.0S10 I r I :C.; r' a <■. I. VI: .'-<■ r Lm ^^Oa> O 0 f'l A % I. • ^ CITY of ORC ■M *.v A.Municipal OftWes Post Office Box 0^CnxuJ Bay, Minnesota 55315 ?»esbo ^ April 17, 1991 LuVerne Hanson, City Clerk City of Long Lake p.O. Box 606 Long Lake, MN 55356 Dear LuVerne, We have to date received no payments on the x991 police service contract. in addition, the $13,408.00 balance due on the 1989 police service contract billed in the third and fourth quarter of 1990 is still outstanding. On Aorll 2. 1991 the City of Orono remitted to you the first auarter \991 Eire service aLant ‘ 525,909.75 and included a letter requesting communication ^rom you regarding the service contract. We have, to date, received no response to that letter. In view of the fact that the City of Long Lake is $121/745 50 delinauent in 1991 payments due and $13^408.00 delinquent in tnd has^not responded or contacted us regarding S««S“g Eor payment SI thesl contract costs the City / Orono 2ui hold payS^roE the 1991 quarterly Eire contract to you until suitable arrangements are made. incerely lark Be BefTihardson City Administrator cc: Mayor and City Council Betsy Swartwood, Mayor Long Lake telephone -473>7357 • FAX -4734510 f ,U-. r- Mayor and City Council i • TO: FHON: Mark E. Bernnarason, uiry Hamin DATE: April 16, 1991 SUBJECT: 1991 Sewer and Water Rate Study Attachment: A. Updated Rate Study Dated 1991 B. Orono Ordinance Excerpt - Current Sewer and Water Rates ISSUE - Present to Council the results of the 1991 rate study based on 1990 and year prior information for: A. Sewer B. Water INTRODUCTION - In 1986 the City hired its accountant Panne 11 Kerr Forster to conduct a rate study for sewer and water rates. As a result of the format that they provided us, staff was able to update that study for 1991. DISCUSSION - SEWER - <1,668 Users) As noted in the rate study the rates that were established in 1986 are still valid for 1991 for customers billed on a flat per quarter basis. To a degree this has been a result and benefit of the dry years. During normal or wet years there is a certain amount of what is termed "infiltration and inflow" that adds additional water to the system that eventually is metered and treated by Metro Waste Control Commission. The City in the past has looked at what improvements it can make to limit this "I and I" and has undertaken projects that are cost effective. It would not however, be cost effective to totally eliminate all the infiltration and inflow. We would feel an increase to the few (5 users) who are billed on a gallonage basis be increased from $1.90 to $2.00/1,000, a 5% increase. The growth in the sewer fund has been the result of the following items: A. Capital Replacement Funding - The rate structure has built into it a modified depreciation amount which is used to set money aside for capital replacement expenditures on the existing system. Projects such as the replacements of lift station 8 and 22 have been the result of monies from this fund to replace existing equipment. B. Lower Flowage - As mentioned the dry years have ; I resulted in less infiltration and inflow and the annual flows during these dry years have had a notable dip below prior years even though the system has had additional users. In 1990 these flows were starting to increase again. Since Metro Waste Control Commission flows represent 54% of the rate structure they have an appreciable impact on the rates charged to customers. As a result of the current status the base rate those charged a flat rate for 1991 could be left as is and still maintain adequate funding. With the only increase for those on a gallonage basis. For 1992-93 there may be a need to review the situation particularly as it relates to flowage and the cost of that treatment. WATER - As you are aware rates traditionally exist for 3 of the systems together with the 4th system being that on Highway 12. Administration/Bi 1 ling - In the past the City has established different administration and billing rates for each of the 3 different systems. This however, requires substantially additional accounting with very little differential or impact on the customers. As such, for this study we have combined it into a single rate. Ready to Serve - In addition a ready to serve charge is inciucfed on the Navarre System and is charged whether someone is hookedup or not. Based on the formula used to set rates last time would increase from $7.60 to $10.40/quarter. As to the gallonage rate needs in each of the 4 systems they are as follows: Navarre System - (759 Users) - The cost for operating ^e system has gone up in the intervening 5 years since the cost was set back in 1986. Based on the formula established in the *86 rate study it would be appropriate to set the rate at $1.27/1,000 gallons, an 8.5% increase. This, as noted, would be the first rate increase in 5 years. Wayzata System - (56 Users) - In this situation the City of Wayzata sells us water at a wholesale rate, which was changed from a step rate system to a flat rate of $2.50 per customer plus $1.19 per 1000 gal effective 7/1/87. At the time it was not felt that an increase for people in that area was appropriate as the increase in the wholesale rate was small. Based on the formula the suggested gallonage rate for this area would remain the same. Long Lake System - (9 Business Plus 2 Residential Customers) The City of Long Lake charges the City of r* A 'r jin r Orono a rate that is $.25 per 1,000 gallons higher than what they bill out to their retail customers in Long Lake. This system which presently serves industrial properties along Highway 12 plus the school system will be replaced in the near future by Orono’s Highway 12 system. Based on the formula the suggested gallonage rate for this area would remain the same. Orono/Highway 12 System - (8-10 Anticipated Users By 1992) - Staff established an interim rate for this based on the initial temporary production well located on the Otten property. it is suggested that this rate be $1.75 per 1000 gallons and that it be reviewed again in a year, once the operation of the main production well has been undertaken. It would be this rate that would apply to those under the old Long Lake system once the switch has been made. ALTERNATIVES - 1. Accept the information. 2. Request additional information. 3. Adopt the rates presented as an ordinance antendment. 4. Table for further consideration. RECOMMENDATION - As Council has had an opportunity to ask any questFons regarding the rate study it is recommended that they table consideration of it until the May 13, 1991 meeting. Traditionally the review of this has only been at the Council level (if rates were changed it is recommended that such rates be changed effective 1 July 1991.) It is recommended that the formula establishing bench mark rates be maintained even if Council desires not to use those as the absolute determiner for the rates. It is additionally recommended lowering some rates now and to raise them later, will be more problematic than continuing with the same rates for a longar period of time. PROPOSED MOTION - Moved by __, Seconded by __, that Council after having discussed issues related to the water^ and sewer rates tables further consideration of these until its May 13, 1991 Council meeting. Ayes __, Nays __. cc:Tom Kuehn, Finance Director John Gerhardson, Public Works Director /j7m(}///preyjr ji CITY OF ORONO 1991 UTILITY RATS STUDY ESTIMATED MWCC CHARGES The following schedule summarizes zhe historical sewer flews and related MV/CC charges FLOW IN MILLION GALLONS USE CHARGES YEAR ESTIMATED RECORDED ESTIMATED ADJUSTED 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 170 190 195 195 198 200 225 225 230 214 200 200 179 168 135 207 212 214 224 167 161 158 $112,122 $128,356 $153,919 $173,898 fl85,234 $189,919 $220,268 $228,133 $227,102 $219,106 $218,444 $221,884 $125,292 $117,494 $144,621 $156,344 $170,700 $184,590 $202,980 $172,301 $171,230 $162,698 Billings from MWCC consist of the following components: Current Use Charges - This is MWCC's estimate of the current year's charges (share of coot) for the City's sewer treatment. Current Value Credit - This credit reduces the billings from MWCC. credit represents principal and interest payments on the remaining balance due from the sale of that portion of the City's sewer system sold to MWCC. The Debt Payment Credit - No longer received by the City. Pinal Cost Allocation - This adjustment charges or credits the current year KWCC billings for the final adjusted costs for the second previous year (i.e. 1991 MWee billings are reduced by $56,408, which was overcharged/overestimated on the 1989 current use charges). Final cost allocations can fluctuate significantly from year to year (i.e. 1980 final cost allocation was a charge of $13,170, while 1981 was a credit of $10,862). Because of the lack of stability of the final cost allocations, we have used the current use charge, excluding the effect of final cost allocation for rate purposes. Final cost allocations are important for determining the historical trend of treatment coats to batter analyze current cost estimates. for accounting purposes, the principal balance of current value credits are included as an asset in the Sewer Fund. Revenue equaling the cost of the City treatment system was recognized and added to fund balance at the time of the sale of MWee. The gain from the sale of the system is being recognized over the payback period of the current value credits through 2006. V' I 'M CITY OF CRCMO 1991 UTILITY RATE STUDY Minnesota statutes 473.511 Sub.4, states that current value credits "shall be used to finance current costs allocated to the local government unit by the Commission or for other sewer costs, and the credits shall not be considered as proceeds from the sale of municipal property so as to permit their use for other pur­ poses. " MHCC includes current value credits as a cost of operation and maintenance of the treament plant and, therefore, is included in current use charges. For rate purposes, the City could consider the current value credit as a direct reduction of current use charges or for other sewer purposes, such as an accumulation of reserves for major repairs or replacement of the sewer system. CONNECTION/UNIT DETERMINATION MWCC meters the total sewer flow of the City, however, individual connections are not metered. Also, since less than half of the City's sewer customers are connected to the City water system, it is generally not possible to correlate sewer flow to water meter readings. He estimate an average of 1,668 connections during 1991. To more equitably allocate the cost of sewer treatment, the City uses a unit charge. Residential connections are one unit representing approximately 25,000 gallons a quarter on the average. The City establishes the number of sewer billing units to be charged to all nonresidential customers based on the typical sewage flow anticipated for the type of commercial, industrial, or institutional usage. The City estimates an average of 1,770 sewer billing units for 1991. In addition to unit billing, a few major customers are billed an operational rate charge based on water usage adjusted for inflow and infiltration. It is estimated l^at major custom­ ers will have water usage of approximately 11 million gallons. SEWER FUND OPERATIONS The following schedule of sewer fund operations is based on the City's estimate of cost, cost allocation, and other revenue for 1991. ii -. CITY OF ORONO 1991 UTILITY RATE STUDY SEWER FUND OPERATIONS - CONTINUED 1991 Sarijnace 1990 Estimat (For Compari son only) Cost of Ssrvices: Porsonsl Sorvices Adalnistrstion charge Professional services Telephone and Postage Data Processing Conference and Schools Office Supplies Memberships Operation & Maintenance Supp Utilities Equipment Renta Repairs & Maintenance Insurance Travel« Licenses, fi Taxes MWCC Bstimated Current charges (see schedule) Depreciation-excludes mains A Lines 81,217 1,380 3.486 1,116 5,679 130 370 13 4.486 14,612 16,584 9,023 580 218,444 26,400 Total Costs of Service Excluding Depreciation on Marns and Lines Depreciation-Mains & Lines 383,520 104,130 sources of Revenue/Financing other than Customer Sewer Fees: Current Value Credits Interest on Investments Other 33,988 56,627 3,865 Total 94,480 Estisuitod Net Costs: Cost of Service excluding Mains and Lines Lees Sources of Revenue Net Costs Excluding Depreciation Mains and Lines Depreciation - Mains and Lines Net Costs Including Depreciation on Mains and Lines Admin & Billing Operation & Maintenance Total 13,300 81,100 94,400 1,460 1,460 1,180 2,370 3,550 875 875 1,750 6,680 760 7,440 400 400 800 190 190 10 10 20 4,100 4,100 15,000 15,000 500 500 22,540 22,540 8,580 8,580 320 320 0 221,884 221,884 0 26,400 26,400 24,095 384,839 408,934 SSSSS = SSSSaB3B3S 104,130 104,130 s Mi Si a a a a SB ST ss SB fli 33,988 33,988 59,000 59,000 3,100 3,100 96,088 96,088 24,095 384,839 408,934 (96,088)(96,088) 24,095 288,751 312,846 104,130 104,130 24,095 392,881 416,976 sssssssnsaa CITY OF ORONO 1991 UTILITY RATE STUDY 8INBR RATE DETERMINATION **1?* MlniBUin*- 8atf«d on service coats excluding depreciation on maina and lines, net of Mtifflatad revenue sources. . 2. Hodified - Same as minimum except recovers a portion of depreciation on mains and lines ecual to current value credits received. ^ i • 3, Full - Baaed on total service coats including depreciation on mams and lines, net of sstiinated revenue sources. ■•Md on water meter usage- Adminstration and billing $24,095/(Ir663 connections + 5 metered)/ 4 qtrs - AND - Minimum operating rate $288,751 / 200 million gallons x 1.25 I & 1* ratio - OR - Modified operating rate ($288,751 ♦ 33,988) / 200 million gallons X 1.25 I S I* ratio - OR - Full operating rate $392,881 / 200 million gallons x 1.25 I 6 I* ratio 3.60 @ qp;r 1.80 @ 1,000 gal 2.00 0 1,000 gal 2.45 0 1,000 gal Mwor unit billings - Adminstration and billings - (same as above) - AND MiniJBum unit charge Net operating and maintenance cost Metered share - $1.80 x 11 million gallons 3.60 0 qtr $288,751 (19,800) $268,951 Quarterly unit charge $268,951 / 1,770 units /4 gtrs - OR - Modified unit charge Net operating and maintenance cost $288,751 Add back current value credit 33,988 Metered share - 2.00 x 11 million gallons (22,000) 38.00 0 qtr $300,739 Quarterly unit charge $300,739 / 1,770 units / 4 qtrs - OR - Full unit charge Net operating and maintenance cost $392,381 Metered shar - 2.45 x ll million gallons (26,950) 42.50 0 qtr $365,931 Quarterly unit charge $365,931 / 1,770 units /4 qtrs 51.70 0 qtr • I 8 I * This 25 percent additional flow is the standard inflow and infiltration rata determined by the City through studies. F CITY OF ORCNO 1991 UTILITY RATE STUDY HATER USAGE AHO SYSTEMS All water connections are monitored by meter. The wacer customers of t.he City rt# rtfEino are serviced by three separate water distribution systems, and. The following shows estimated usage for historical trends of water 1991: sold to Orono customers and Gallons Sold In Navarre/ Orono System Long Lake Wayzata Total 1987 1988 1989 1990 I991(ast) 64.309.000 75.375.000 64,^82,000 57.920.000 67.600.000 10.853.000 16.134.000 13.285.000 13.791.000 14,000,000 6,802,000 8.075.000 7.405.000 6.067.000 7.300.000 81.964.000 99.584.000 85.672.000 77.778.000 88.900.000 Est Users in 1991 759 11 56 826 The major cost differential relates to the cost to purchase of Long Lake and Wayzata for distribution to Orono customers on those systems. ready to serve charge in Addition to the administration and billing charge and • all ^h^ah it is beino used by only a portion of those where service is available. S212 U-“S to thc« wJIch would b. incurr^l wh.th.r or not water wee eoXd. Properties not currently connected receive the benefit of availa.jility in the event of failure of their current water supply and increased fire protection from the availability of hydrants connected to the system. HATER POND OPERATIONS The following schedule of water fund operations is based on estimated colt allocation and other revenue for 1991. In addition to the sale of water there interest on investments as an other revenue source. yilriii CITY OF ORONO 1991 UTILITY RATE STUDY water fund operations - continued 1991 Ssti4-nata 1990 Estimat (For compar­ ison only) Admin & Billing Navarre Long Lake Wayzata Total r 5. cost of Ssrvicost psrsonal Ssrvicss Adminiotrativs charges Professional services Telephone and Postage Data Processing Conference and Schools Office Supplies Manberehips Operation 6 Maint Supp Utilities Repairs & Maint Insurance Motor Fuels ft Lubrication Purchased Water Oepreciation-excludes mains a lines Total cost of Service Excluding Depreciation on Mains & Lines Depreciation — Mains fi Lines Sources of Revenue other than sale of water: Interest on Investments Cost of Service by Function: AdsdAstration a Billing Ready to serve cost Operation a Maint costs Excluding Depreciation on Mains a Lines Laes Sources of Revenue Wet costs excluding Depreciation on Mains a Lines Depreciation on Mains a Lines Cost including Depreciation on Mains a Linas 52,945 1,000 2,401 1,227 2,476 429 140 13 8,562 20,332 20,095 4,739 845 42,066 7,605 164,875 29,714 9,500 10,482 1,050 1,665 625 3,360 384 350 50 44,038 330 250 1,595 553 35 36 35 36 384 100 9,510 22,950 22,800 4,700 860 25 150 100 20 35,500 25 150 100 20 9,200 55,100 1,050 3,330 1,250 3,360 800 350 50 9,510 23,000 23,200 4,900 900 44,700 0 9,684 536 50 10,270 18,066 1 -,074 36,748 9,882 181,770 26,88*. sasssrv • •> 1,596 ' .daSZBWKSSS 1,237 29,714 1,025 8,199 162 114 9,500 0 18,066 33,414 83,660 36,748 9,882 18,066 33,414 U0,290 18,066 (1,025) 117,074 (8,199) 36,748 (162) 9,882 (114) 181,770 (9,500) 17,041 108,875 36,586 9,768 172,270 26,881 1,596 1,237 29,714 17,041 135,756 38,182 11,005 201,984 CITY OF ORONO 1991 UTILITY RATE STUDY flATER RATE DETERMINATION Thtt following rates are determined by the estimated coats, water usage, and number or euatomers in each distribution system as previously discussed. Each water customer iS eharoed a quarterly "administrative and billing" fee in addition to an operating rate usage. Three alternative operating rates are given to reflect different options of the extent to which coats are recovered; 1. - Based on operation and maintenance costs excluding depreciation on mains and lines. . .2. Modified ~ Same as minimum except recovers a portion of depreciation on mains ana based on the same percent recovery as the modified rate for sewer service (33,988 / 95,860 - 32.64%) ... 3^ . Based on total operating and maintenance costs including depreciation on mains and lines. Administration and Billing all areas $17,041 / 926 / 4 qtr Navarre Service area $ 5.15 9 qtr Admin 6 Billing $ 5.15 0 qtr Ready to serve fee Minimum operating rate Modified operating rate Full operating rate - - AND - $31,514 / 759 users / - AND - $77,360 /67.6 million gallons - OR - -($77,360 + (26,881 X .3264)] - OR - $104,241 / 67.6 million gallons 4 qtr $10.40 0 qtr $ 1.14 0 1,000 gal $ 1.27 0 1,000 gal $ 1.54 0 1,000 gal Long Lake Service area Admin & Billing $ 5.15 0 qtr Minimum operating rate - Modified operating rate Full operating rate - - AND - $36,586 / 14 million gallons - OR - -($36,586 + ($1,596 x .3264)] / - OR - $38,182 / 14 million gallons $ 2.61 0 1,000 gal $ 2.65 0 1,000 gal $ 2.73 0 1,000 gal ffaysata Service area Admin a Billing $ 5.15 0 qtr mn4 ilium Operating rate - Modified operating rate Full operating rata - - AMD - $9,768 / 7.3 million gallons - OR - -($9,768 ♦ ($1,237 .3264)] / - OR - $11,005 / 7.3 million gallons $ 1.34 0 1,000 gal $ 1.39 0 1,000 gal $ 1.51 0 1,000 gal fi m CITY OP ORONO 1991 UTILITY RATE STUDY sumhary op rates Races Currently Effective Prooosed Rates Smmr Rates |M«d on water usage - Mmin 6 Billing Current operating rata Minianm operating rata Hodified operating rate Pull operating rata Baaed on sewer unit billings Adodn 6 Billing Current unit charge mnium unit charge Modified unit charge Pull unit charge water Rates Wavarre service area - Adein a Billing Rsadp to serve fee Current operating rate Miniaum operating rate Modified operating rate Pull operating rate Long Lalce service area - Adein 6 Billing Current operating rate Miniaue operating rate Modified operating rate Pull operating rate Waysata service area - Adein fi Billing Current operating rate operating rate Modified operating rate Pull operating rate Percent % Increase (Decrease) 2.90 @ qtr 1.90 0 1,000 gal 3.60 0 qtr 24.1 (37.9)1.80 0 1,000 gal 2.00 0 1,000 gal 5.3 2.45 0 1,000 gal 28.9 2.90 0 qtr 48.25 0 qtr 3.60 0 qtr 24.1 (21.2)38.00 0 qtr 42.50 0 qtr (11.9) 51.70 0 qtr 7.2 5.20 0 qtr 5.15 qtr combined 7.60 0 qtr 10.4C) G1 qtr 21.5 1.17 0 1,000 gal 1.14 0 1,000 gal (2.6) 1.27 0 1,000 gal 3.5 1.54 0 1,000 gal 31.6 6.70 0 qtr 5.15 0 qtr (23.1) 2.75 0 1,000 gal 2.61 0 1,000 gal (5.1) 2.65 0 1,000 gal (3.6) 2.73 0 1,000 gal (.7) 5.1 qtr 5.15 0 qtr (3.7) 1.40 0 1,000 gal 1.34 0 1,000 gal (4.3) 1.39 0 1,000 gal (.7) 1.52 0 1,000 gal 7.9 -V k-. ORDINANCE NO.9/« SECOND SERIES AN ORDINANCE ADOPTING THE 1991 FEE SCIIEDUI.E AN ORDINANCE REPEALING ORDINANCE NO. 62 SECOND SERIES, 65 SECOND SERIES, 68 SECOND SERIES, 70 SECOND SERIES, 73 SECOND SERIES, 74 SECOND SERIES AMD 76 SECOND SERIES the City of Ocono ordains: Section 1. Ordinance Repealed. Ordinance No. 62 Second Secies, 65 Second Series, 68 Second SerlesT 70 Second" Second Secies, 74 Second Secies and 76 Second Series are hereby Til* Council of Ocono pet Section 1.05 of the Municipal Code hereby ordains the following Pees effective during the calendar year 1991: 8ICTION 1. Pees. imiliy APPuchTioNs on the^applicat° non-refundable after staff v:ork has begun Application Type VARIANCE - AIIVULVIII^ inULt; LllCin variance will require an additional $50.00 paynent per each vaciance) RBNBHAL VARIANCE (No change from original application) CONDITIONAL USB PERMIT (One charge pec project) Residential Accessory Use (Animals, etc.) Institutional Use (School, church, etc.) Duplex Credit (pec building) Guest House/Guest Apartment Commeroial/lndustcial use Fee Code Section $175.00 e 10.06,Subd $100.00 o••oa\Subd 10.09,Subd $125.00 10.09,Subd$150.00 10.09,Subd $150.00 $150.00 10.09,Subd $250.00 o•oSubd I i * . • ^ , PUBLIC WORK!; DEPARTMENT MISCELLANEOUS CHARGES Utility Service Rates - Effective beginning Third Quarter 1986 MUNICIPAL SEHBR RATE by unit:1st $ 51.15 per t . 1 quarter 2nd $ 48.25 per quarter 1 by flow:$ 2.90 per quarter per $1.90/1000 gallons ( f Area 11 Area 12 *Area i3 l' 1 ■ MUNICIPAL HATER RATES Navarre Long Lake Wayzata Billing & Ready to Serve Chg $12.80/qtr $6.70/qtr $5.35/qtr ' . L Hater Usage Rate $ 1.17/1000 gal $2.75/1000 gal $1.40/1000 gal Unconnected Property Chg (ready to serve/hydrant chg) $12.80/qtr -0--0- 1 Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area |1 Rate $12.80/qtr billing charge plus $1.17/1000 gallon total flow at border ■eter. Penalty for late payment of sewer/water bills - 15% after 45 days from billing date. Interest at 8% on unpaid water/sewer bills certified. Hater Turn-On Hater Turn-Off $17.50 $17.50 Hater System Repalr/Replacement if damage caused by property owner: * M • J ,1 Labor - Current Hourly Rate Parts - At Cost • « 1 RECYCLING CHARGE Recycling Container - Initial Replacement (Including sales tax) $12.00/year Ho Charge $ 6.50 each *Effectlve second quarter of 1988 n’.Lt t'r''>'i’i Ii • t i >1: 1 I • • I» : I I r ■ ».!• ■,■•■ ■\‘ ii-i' (*- ‘ II I B V> i:-. *T- 41651.5 TO; FROM: OATS: «• l‘J ayor and City Council Mark E. Bernhardson, City Administrator^ April 16, 1991 X \. % SUBJECT: Strategic Planning Attachment: A. Strategic Planning Memo Dated 2/28/91 ISSUE - Determine if Council desires to adopt a general strategic plan outline for 1991. INTRODUCTION - At the Council's March 11, 1991 Council meeting they tabled for further consideration the 1991 strategic plan. At the March 25, 1991 meeting it was presented as part of the Administrator's review and at that time it was tabled. In advance of the Administrator's review it is recommended that the Council indicate whether they would desire to adopt this outline foe the balance of 1991 for strategic planning. As noted in Attachment A Council can amend the priorities, the issues or the estimated timetable for those matters. If adopted, these would be included in the updated City Administt itor's monthly report. At the Planning Commission's April 15, 1991 meeting they indicated that it looked fine and the City should keep to that schedule. ALTERNATIVES 1. Adopt. 2. Table. 3. Take no action. RECOMMENDATION - It is recommended that the Council adopt the plan after any amendments Council feels appropriate. PROPOSED MOTION - Moved by seconded by Council adopt the 1991 Strategic Planning document for a guide to Council and staff during the balance of 1991. Ayes _, Nays _. cc: Department Reads ‘ S' A •s'i ? l;-rk H tV' ¥■ t5- I'J. ir ; V. « 2 c //7rr/f<u/4^€vr / ■ TOs FBOM: I-!ayor and City Council 4 Mark E. Bernhardson, City Adniinistratoq DATS: February 28, 1991 SUBJECT: Strategic Planning 1991 Attachment: A. Strategic Planning Memo Dated 2/11/91 ISSUE - Determine what Council desires to adopt for 1991 Strategic Plan. TMTRODUCTION - Attachment A was presented to the Oouncil for their consideration and tabled until the March 11, 1991 when all Councilmember s will be available. alternatives 1. Adopt. 2. Amend and adopt 3. Take no action. 4. Table for further discussion. PROPOSED MOTION - Moved by _, seconded by —, Council adopt — as an outline for its Strategic Planning process for 1991. Ayes , Nays -'-’i I T-irir-i J S. I • U‘. !■ I. -■V w 'i.;. u r. i^V' b<r TO: FBOM: DAIS: SUBJECT: I’layor and City Counci- , , \\^ if . Mark E, Bernhardson, City Administratcjry February 11/ 1991 1991 Strategic Plan Attachment: A. Strategic Issue Development Memo Dated 1/2/91 ISSOE - Determination by Council of a strategic plan for 1991. !Pg°sar..v .52 tr/ s;:i until the full Council is available. DTSCnSSZOM ~ Attachment A represents a draft outline for °»ioul^su.s for 1991 based on a review of the issues with various Councilmembers. ALTERNATIVES - 1. Adopt. 2. Amend and adopt 3. Table until March 11, 1991. # 4. Take no action. oprnMMPMnATTOM - It is recommended that the plan being presented ^h^^et^g bi tiblld for council's further consideration at M«r0h 1* 1991 meeting after any comments have been made atpriorities, timelines or issues listed. VBOPOSED MOTION - Moved by , seconded by _, that Co^cil after Slents and lixpressed ideas related to the proposal table^it until March 11, 1991. Ayes —, Nays —. cc: All Department Heads rrf.' 1MI ittikTfeic itKOt i»RvrLoM*ritT IMI mil rtbtMfff Mfttcll »r»tl fftfIVtt rtiMity » At M# 9m • WMitMWf t* ttMlHlMA lIlKlvigg fiMi |!|llll ttvltlMl t. iJicA cufmfctmi^g riM i) j«fiwiigtiM At MfAMf tt •lafl iMlilftf (•1 •€•••! «n9 fO #ty ff««U« Wttiv^rp* •ltl» Pr«i*« hf flannlKf t^tat C««ta CMvifat i«*M/ *rwii Cwwcll tUlMlUf Zwmi—im 49m\pf ttrMtiigatli rl Cllf facItItUa rl rtAMilaf CiMlaalW rll IcAtlaat !• MaliMita •I acvaapt pR«lla4iiarf •aaaa CaniliMip t« praaaat t« IjrA i mmmhmt cltU* raatflita Matlaf v#raika#a» |/H COMICII rtvl#«« rc taraMpMalioa * CeMp«»ltl*« raralaa Itafflr lai «>ottaAt>f tc tptl«« ytr>fr«t« farliaAil* t«f w g9«a1if4»#l Dplatalna gliaciloa fdt capvlaaidd eat•tala* ptofra* tar caiwaalcadaaa Apf^ldlaaata ta caanrll {•pladviit a«» ptafraa ViBotfplala fatillr Marlaf - AC lliatalaa# Caaaell taalair tAP agMttti l/ft •alailaafafi at ta aaa flaa«|ttala r^aitbla IfdltlMf at arHaaa trlatlty • r’’' V j I h'pi 1 V- >y;vv. : ' ; :.: ■•■* II fall Patav Ataftaa ilaallaaa »ftr ttaaaratiatlaa Avaaaat aptlaaa •latf alalia ta ptaaiaata tl Mtaat UfAtlay ftlacity C II Caaaltf Ctab PI PlWt AaPllc faallltfaa PI itaMia Pay iaaaa PI Ptilltlaa RlyPaay II ■ rl . y.-v:. • fli Otaalap Plractlaa 1/29 Paaatta |«aMic Aaatlaf ftafi 4»ifta/ataiaaae* ra«l»« far rc/Caaartl V-) rtaaaal aptlaaa 1/11 ytaaaal Iaaaa ta Caaaell fat PlRaetlea 1/4 rc ia«U« iltartlaa Paaltat ptaftaaa at aalfPPafPaaP lataiaat III paattlaa Caaalap acPaiaUI Dr tri*t^t atr*eltrn rraarnt ftayiaa far aa«ftlea OiA|aaar*/aare4Mint yubllr K*aviaf fif rapt a«>v|etf yublle/pilraia laaara I / rttarpi to Ceaaell rc r araaaaMo 11 ea Paaatop aebaPala/locttlea at aetrr taaat/aaaar lalatriHrr iapaaPaat aa Paaalafaat/ralataP laaaaa irro flaaaelal mi batfrt rapart rtallalaatf trtPtalop falatr PIraetlaa traarat Iff! baPfat la Caaaell rraaaat l»fl-mj capital mi ttpfp IP tPMtIPP PpPfIpf r Tos From: Date: Subject: Mark E. Bernhardson, City Administrator John R. Gerhardson, Public Works Director April 15, 1991 Solid Waste Agreement - Hennepin County 1991 % <r ^ % X Attached for review and approval is the Solid Waste (recycling) Agreement between Hennepin County and the City of Orono. The agreement sets out the requirements of the City and the County and is similar to past agreements with Hennepin County regarding recycling. Kacommandation To approve the attached Solid Waste Agreement with Hennepin County for 1991. Contract No. A03191 1991 SOLID WASTE MANAGEMENT AGREEMENT THIS AGREEMENT by and between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, railed the “County" through its Department of Environmental "wot center. Mlnneacolle, Mtnnesota 55487. and the «ESI HENNEPIN RECYCLING COMMISSION, hereinafter called the "City . P. 0. Box 35. Maple Plain, 59359. WITNESSETH: on the d.. !"i;oMzL”'funiy^g"for\hi-S;ir^ln necye.TF^ COMilsslon to use for Tts Recycling Program from January 1, 1991, throug Oeceirtier 31. 1991, and WHFRFAS said Recycling Program Is consistent with Minnesota Statutes, Ind 11^03, as amended by the Laws of Minnesota 1908 Chapter IS ilni;esota Statute^ 473.BOl: the Metropolitan Councils Solid Waste MMgeMnt Developiaent Gulde/Pollcy Plan; Hennepin Plan; and Hennepin County's source separation/recycling policies. NOW, THEREFORE, IT IS HEREBY AGREED: 1. SFRVICES TO BE PERFORMED a. b. The City will operate its (curbside, drop-off) Recycling Program as more fully described in Attachment A incorporated and made part of this Agreement. In addition to the servic as referred to above, the City agrees to: (1) (2) The City will identify the County as a project co-sponsor n ^ publicity materials and presentations. This statement shall visually and/or verbally be as prominent as the City s Equal type size must be used when giving the County promotional materials. All promotional materials printed for distribution shall include the statement, "... this program is 80% funded by the Hennepin County Board of feasible all publicity materials should make use of the Henneptn Recycles" logo. The City will provide the County with a minimum of three copies of all printed promotional materials on a quarterly basis. The City must incorporate the following language regarding reporting requirements in all contracts for collection, processing and marketing of recyclable materials. "The Contractor must provide the Municipality with certified weight receipts for the monthly collection of all recyclable materials. Each month's weight receipts must be provided J^he Municipality no later than 30 days after the end of each "onth. If a material is not weighed separately when it is delivered for processing, the Municipality must approve the procedure used by the Contractor to determine the percentage of each type of HCA Form No. 110 Rev. 01/91 Page 1 K (3) recyclable material in re.ation to the total <?aterial collected. To substantiate the accuracy of the Contractor's procedure, the Municipality may, at its discretion and at no additional cost to the Municipality, require the Contractor to ^•’parately weigh each material. The Contractor must report the amount and type of recyclable material and where the materials are delivered for recycling. Minnesota Statute 115A.553 requires counties to ensure that materials are taken to markets for sale or recycling processing centers. Consequently, if the Contractor delivers materials to a broker, the Cc tractor must report what end marke*. the broker used. Summaries by brokers and end markets mus* be provided to **^unicipa1 ity every month and must be provided no later than 30 oays after the end of each month. Brokers or reryc able processors receiving materials from these cur ;Mde p.-ograms must be in compliance with the state and local go/ernment permit and licensing laws. If materials are stored for a period longer than 30 days by the contractor, «•' e amount of the materials by type and location of storage must be reported to the Municipality. The Contractor must provide the Municipality with set-out rates of all households placing recyclables out for collection during the months of May and October. Reporting of the set-out rates may not be estimated and the method used by the Contractor to determine the set-out rate must, at a minimum, have the reliability of a "click-count" method. The Contractor must report to the Municipality, on a monthly basis, the gross revenues received from the sale of recyclables. Each monthly report on gross revenues must be provided to the Municipality no later than 30 da; *; after the end of each month." The City must incorporate the following language regarding equipment requirements in all sub-contracts for collection, processing and marketing of recyclable materials. "To ensure that all the Collector’s vehicles are in proper working condition and to assist in the identification of said vehicles, the Contractor must obtain a licensa from Hennepin County for eacTi recycling vehicle or trailer. All vehicles must be maintained in proper working condition and be ^ivaiTable for Inspection by the Municipality and Hennepin Cotmty All * the Contractor’s vehrcl.^^s, used for the collection of recyeubles under this contract shall be equipped with (i) warning "■lashers; (1i) a broom and shovel for spills: (Hi) the V,jntractor’s name and telephone number, visible and prominently displayed at all times on the ri-^ht and left sides of the vehicle; and (iv) such other equipment as the Municipality may hereafter reasonably require." The City must i:;Corporate the following language regarding market development in all sub-contracts for collection, processing and marketing of recyclable materials Page 2 Henr.wpin County." (5)The CItv win submit a completed mid-year report by July 15. 1991. June 30. 1991. (6)The City must submit a completed final '“eport for basis for reimbursement of municipal expenses for the calendar year. (7) and/or market the recyclable materials. (8) establish a separate fund for recycling that incluJcs no other activities. (9) peel fled by the County. The participation rates must b- iUbfflitted with the mid-year and final reports. Recycled ?aper^P?wu?ement%2li^y (which meetfCounty* requirements). fill The City must incorporate the following language regarding llabinity anc indemnification in all subcontracts for collection, processing and marketing of recyclable materials. The Contractor agrees to defend. Indemnify and hold the Municipality, Its officers and employees harmless from any Indirectly f - an act or omission, including without llmitatir *ofess1ona1 errors or omissions of the ContraetPi- its agents, employeees, or assignees In performance of the services provided by thi- contact, and against all loss by reason of the failure oi said Contractor to fully perform In any respect, all obligations under this contract. V. ■ I B In order to protect itself/himself/herself, as well as the Municipality under the indemnity pr-vislons hereinabove set forth, the Contractor agrees at al imes during the term of this Agreement to have and keep In ."orce: Page 3 ;*<’i f.'. \ ‘V t'- (1) (a) A single limit or combined limit or excess umbrella commercial general liability insurance policy of an amount of not less than $1,000,000 for property damage arising from one occurrence, $1,000,000 for total bodily injuries and/or damages arising from one occurrence, and $1,000,000 for total personal injures and/or damages arising from one occurrence. Such policy shall also Include contractual liability coverage protecting the Municipality, its officers, agents, and employees by specific endorsement or certificate acknowledging the contract between the Contractor and the Municipality. (b) A single limit or combined limit or excess umbrella automobile liability insurance policy covering agency owned, nonowncd, and hired vehicles used regularly in the provision of services under this Agreement in an amount of not less than $1,000,000 per accident for property damage, $1,000,000 per accident for property damage, $1,000,000 for death or bodily injury, and/or damage to any one person, and $1,000,000 for total bodily injuries and/or damages arising f»*om any one accident. (c) The Contractor shall furnish certificates of insurance stating that written notice will be given t the Municipality in the event of a policy car.ceiuiti. nonrenewal, or material reduction in cover,ige provided under the policy. Prior to the effective oate of this Agreement, the Contractor will furnish the Municipality with certificates of insurance as required above. 2. TERM OF THIS AGREEMENT This Agreement shall commence on January 1, 1991, and terminate on December 31,1991 3. COMPENSATION a. In consi*^^; acion of the services as described above and contained in the attached 1991 Hennepin County Grant Application, the County agrees to pay the City a sura not to exceed $103,582.00 for collection services, equipment costs, labor, promotion, administration, and development and operating costs of drop-off recycling centers. b. Funds will be disbursed (1) upon receipt and approval of the semiannual and final written report (2)' in accordance with the table below and upon verification of recovercu tonnages; and (3) after final termination of net program expenditures. Page 4 r"' West Hennepin Recycling Commission Reimbursement Schedule Year Total Solid Waste (Tons) Materials Recovered % Funding Assistance (Of Net Program Costs) 1991 7.946 0-795 796-954 955-1.112 1.113-1.271 1,272* Prorated 40% 50% 60% 70% The Citv win receive an additional 10% of net program costs upon IScelpta^ approval of the final written report If coaprehensl.e «ocure«ent and specification policies for publicly funded construction or remodeling projects which give equal or preferential consideration to materials with recycled content is adopted by July 1, 1991. e.Payment to the City will be made as provided by law for payments of claims against the Counfy. 4. ITARTLITY. INDEMNIFICATION. AND INSURANCES a The City agrees to defend, indemnify, and County, Its officers, and employees harmless from any liability, demages costs. Judgements, or expenses, including reasonable attS?neis* feei, reiulting directly or indirect y from an act or SmiLion including, without limitation, professional errors or omissions of the City, its agents, officers, contractors in the performance of the services provded by this Aoreement: and against all loss by reason of the failure of the parties to fully%rform, in any respect, all obligations under this Agreement. The Citv shall by separate policy or under its self-insurance iJSoJam mSJtain and keep in for?e at all times during the term of this AgvU'ment or any renewal thereof the following Insurance cover Ag;?: (1)Single limit or combined limit or excess umbrella M";«rcial general liability insurance policy of an amount not less than $600,000 for property damage arising from one $600,000 for damages arising from death SSS fo? tot^injuries arising from one occurrence, and $600,000 for total personal injuries arising from one occurrence. (2)A single limit or combined limit or excess umbrella automobile liability policy, if applicable, covering owned, non-owned, and hired vehicles used regularly in the under this Agreement in an amount not less than $600,000 per accident for property damage, $200,000 for death and bodily Page 5 ' • Fl injuries and/or damages of any one person, and $600,000 for total bodily Injuries and/or damages arising from any one occurrence. c.Contemporaneously with the execution of this Agreement, the City shall furnish the County with certificates of Insurance evidencing the above-required coverage. 5. NON.ASSIGNMENT OF SERVICES The provisions of this Agreement shall not be assigned, sublet, or transferred without the prior written approval of the County. 6. INOEPENDENT CONTRACTOR It Is agreed that nothing herein con«;ained is intended, or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto, or as constituting the City as the agent, representative, or employee of the County for any purpose in any manner whatsoever. The parties are to be and shall remain independent with respect to all services performed under this Agreement. The City represents that It has, or will secure at its own expenses, all personnel required in performing services under this Agreement. Any and all personnel of the City or other persons, while engaged In the performance of any work or services required by the terms of this Agreement, shall have no contractual relatiofiship with the County, and shall not be considered employees of the County, and any and all claims that may or might arise under the Workers* Compensation Act of the State of Minnesota on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the City, its officers, agents, contractors, or employees, shall in no way be the responsibility of the County; and the City shall defend. Indemnify, and hold the County, Its officers, agents, and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall not require, nor be entitled to, any compensation, rights, or benefits of any kind whatsoever from the County including, without limitation, tenure rights, medical and hospital care, sick and vacation leave, workers' Compensation, Unemployment Compensation, disability, severance pay, and PERA. 7. COMPLIANCE WITH LAWS The City agrees to comply with all State statutes, regulations, and ordinances pertaining to solid waste management and recycling including, but not limited to, the applicable provision In Minnesota Statutes, Chapter 115A, and 473.01 now In force or hereafter enacted. Page 6 t |f» 8. DATA PRIVACY .,t ^ 4.. ^«n«rf»ri created received, maintained, or d1ss'’-’inated for - ‘r;se‘s:„s:;rrcv^s:.rc., adXpt.d, as .en as raderal ragu.atidns on data privacy. 9. MERGER AND MODIFICATION E€MS=5?rJ»«=' parties. 10. CANCELLATION This Agreement may be cancelled by either party upon thirty (30) days’ written notice. 11. CONTRACT ADMINISTRATION in order to coordinate the services of thenanarfaent of Environmental Management so as to acco^llsn tne iSJnSMrSr?hircortract carl HIchLd. Recycling Coordinator, shall witrac? on bihalf of the County and serve as liaison between the County and the City. Page 7 1991 HENNEPIN COUNTY GRANT APPLICATiq^jPQ^|y^|^ MUNICIPAL SOURCE-SEPARATED RECYCLABLES PROGRAM (Use Black or Red ink Only) FEB 4 199I m OhrisiM • fjriJ. ThB City of w.H.R.c.________ located atl620 Maole Ave. Maple Plain. MN_____, will Implement source-separation programs for recyclables during the period i__/JL_/_lL toii_/3i_/_9^. Wiqulfed: A bM description of your program is required in the space below (do not attach additional pages). Attedii 0 Executed copies of contracts for collection, processing and marketing of recyclables collected curbside and at drcp-olf centers. 0 ftembed breakdown of any information presented in summary form on this application. 0 Sold Waste Source Reduction Plan. The application will not be processed without this documentation. '•at Hennepin Recycling Cominission, a joint power of the cities of Greenfield, ndependence. Long Lake, Loretto, Maple Plain, Medina and Orono offers a variety f recycling options for their residents. ,11 of these cities offer bi-weekly curbside recycling of cans, glass, newspaper lOPrugated cardboard, automobile batteries and all plastic bottles.' ; ’ fbere are three permanent drop-off sites for recyclables, located near the Ireenfleld, independence and Medina city halls. All materuals collected at :urbslde are also collected at the drop-off sites, along with drain oil. here la a mobile recycling unit that serves four sites on alternating Satur- aya every month. All materials collected at curbside are also collected at heae ai* Cash Is paid for aluminum. he Comnlss)on contracts with Goodwill Industries for two household recycling, wys, and fills two semi-trailers with material each time. esldenta receive promotional materials through direct mailings, city newsletters,' awspaper and cable T.V. news releases, waste reduction class in the schools and • hrough community education and a weekly column on recycling and waste reduction n the local newspaper. ha Commission has directed its coordinator to draft a Solid Waste Source aduction Plan, using Hennepin County's Plan as a model. This plan will be ubmltted for review and approval to all member cities by the end of January, 991. / 7 /^6 6^it. Miyo iiCkyMsmgif WHRC Chairman Contact Person Phono Printed on Recycled Paper ' • ‘-v ’• • .. > • .. :•/ ■•••. • • V-< sv.. •-r V'- • • *r • S TOTAL EXPENOrrURE Purchased Q LeasedQ Purchased Q LeasedQ TOTAL EQUIPMENT EXPENSE $ ATTACHMENT cn M^TALCANSU y): GLASSQ PLASTIC BOTTLESU OllO cD METAL CANSU GLA^D PLASTIC BOTTLES□ OlUJ CO metal CANSO GLAi^ PIASTIC BOTTLESU OHd y): )p-Off Centers - (list location and itemize expenses for each center) TOTAL DROP-OFF CENTER EXPENSES ^ 6,474.00 nvifiEi tt, bccciluff, video tapes and adyertisgmtnls produced, distributed or printed. it Bfomotlonsi materiais (exceol video tSDOSl^ji ouarterty basis. Jpdate/Reminder :kers and Info. splays Quantiy 6402 luamly 6402 Quantly 30 Uni Cost $.26 Uni Cost $.42 Uni Cost $10.00 ( 1.664.52 S 2,688.84 300.00 iction Insert - Comm. Ed. f Quantiy ]|ier25,60B Uni Cost $.05 $ 1,280.40 rs - 3 cities Quantiy 8,576 Uni Cost $.03 257.28 TOTAL PROMOTIONAL EXPENSES 5 f.19 1.04 Page 3 HM h ^oe cqu^ctioN qf R ecycla ^ Contract Payment_________ 1 . 8 P'ex HH s Served ?”!g?”p.cvcllnq. Inc./Wright P.ecycJlng 6 3-U m _____- I T3 COSIHH 15.36 yr Same Day Recvdabies/Refuse Rl Vae 3^?«?2/31/9l -- -B V.s^ EjNo---------- TOTAL CUBBSIDE COLLECTION EXPENSE TOTAL gXPENDITURE 5l00 ,409.56 5l00,409.66 giM^lii^i^BEiMBURSEMEHTSCHEDULE total EXPENSES $128,852.70 COUNTY SHARE (_aiL*^o) $10 3.082.16 W6^ CITY SHARE COUNTY SHARE TOTAL CITY EXPENDITURES (CUy Share of Program ExpenseTt^ontainers) _ A A __A ^A UB?I ■ 2FAL COUNTY RBMBURSEMENT (Cooi 125.00 500.00 $ 25,895.54 ULLi; SIsCYCLINa PROGRAM '.^ • •' ■- '>•■: -v; ■• . . . -.vcc-'x-y • •• •• :.r: vie^ 178OnlrV^STioai,PI^IC bottles »OTHER Page 4 .‘Is' |:;fe / »- : ^ ,r I I I r.: ■ I ■ 'h: 1991 GRANT APPLICATION Part V. RECYCLING DROP-OFF CENTERS A. Locations: Greenfield City Hall 6390 Town Hall Drive Greenfield, MN 55357 Hatflrlttls Colloctod: NewsX OCCX Metal CansX GlassX Plastic Bottles^ Auto Batte-'lesX 01IX Days: Monday Tuesday Wednesday Thursday Friday Time 8-5 8-5 8-5 8-5 8-5 Independence City Garage 1790 County Road 90 Independence, MN 55359 Materials Collected: Same as above Days & Times: Same as above Medina City Hall 2052 County Ro«td 24 Medina, MN 55340 Materials Collected: Same as above Days: Monday Tuesday Wednesday Thursday Friday Sat. Sun. Hoar*> 24 24 24 24 24 24 24 150 Railway Street Loretto, MN 55357 H^t^flals Collected: Same as above* excl. oil Days and Hours: First Sat. each month from 9am to noon. Maple Plain Family Center Highway 12 Maple Plain, MN 55359 Materials Collected: Same as above, excl. oil Hours: Second Sat. each month from 9am to noon. Orono Middle School Highway 12 & Old Crystal Bay Road Orono. MH 55356 . Materials Collected: Same as above, excl. oil Days and Hours: Third Sat. each month from 9am to noon. Rick*s Super Valu County Roads 15&19 Orono. MH , ,,Materials Collected: Same as above, excl. oil Onyg and Hours: Fourth Sat. each month from 9am to noon. Orono twiddle School goodwill Recycling DayCollected: Sari«< as above plus household goods. Days and Hours: Third Sat. In May and Oct. from 9am to 4pm. W.H.R.C. . >'';t V K s •t.' I- ^'• 1991 GRANT APPLICATION W.H.R.C. Part V. RECYCLING DROP-OFF CENTERS (Continued) B. Operating Costs of Drop-Off Centers Greenfield City ill Collect Ion Building Maintenance Clean *up Disposal Cos*’.' $810.00 300.00 150.00 200.00 Independence City Col lection Building Maintena..ce Clean-up Disposal Costs 920.00 300.00 150.00 200.00 Medina City Hall Collection Building Maintenance Clean-up Disposal Costs 740.00 300.00 150.00 200.00 Loretto Mobile Collection 225.00 Maple Plain Mobile Collection 475.00 Orono Middle School Mobile Col lection 300.00 Rick'S Super Vaiu Mobile Collection 400.00 Goodwill Recycling Drop-Off Collection Assistance and Clean-Up 554.00 100.00 16,474.00 - - -.“-ii I I I ■ I ?'■ c. f CITY CV C?ONO By; _ _ _ _ Its Mayor Date: i 4 % 41791.1 Tot Mark E, Fms John R. Oetet April 17 Mark E. Bernhardson, City Administrator John R. Gerhardson, Public Works Director Sobjeets Weight Restriction Removal 1991 On March 15, 1991 the City of Orono Public Works Department posted weight restrictions on City streets. The weather has been favorable, therefore I do not see the need to maintain the restrictions until Nay 15, 1991. Pnoamiandetion “ To authorize the Public Works Department to t^he W0i9ht restrictions on City streets effective May 1# 1991. Proposed Notion - Moved by ___, seconded by ___, to authorize the Public Works Department to remove weight restrictions on City streets effective May 1, 1991. Ayes _, nays Vot Mayor Peterson s Orono Council Member Mark E. Bernhardson, City Administrator^ Forwarded recosanending approval. 41891.3 c-^ TO: FBOM: DATS: Mack E. Bernhardson, City Administrator Melvin Kilbor Chief of Police April 18r 1991 SUBJECT: Requested Change in Status - CSO David Nelson % > '’p %*>> % Due to the resignation of CSO Kevin Walsh, l am requesting change in the status of part-time regular CSO David Nelson. This change is necessary as David Nelson will be working more hours and earning more than is allowed under PERA exempt status. I a® requesting his salary be raised from $5,304 per hour to $6,249 per hour, effective April 15, 1991. Due the the earnings increase Nelson will be FICA and PERA eligible effective April 15, 1991 and contributions from him and the City are then required. He will put in under 20 hours per week. This is budgeted as David is replacing Kevin Walsh. An interview is in process to find CSO officers available for call outs and %ieekends on a limited part-time basis. David was hired March 1, 1990 and has been steadily improving to be a reliable employee. TO< rooMi M««yor and City Council Mark E. Bernhardson, City Administrat Forwarded recommending approval PROPOSED MOTION - Moved by , seconded by _, to appoint David Nelson as the primary part-time regular CSO effective April 15, 1991 at a wage rate adjustment from $5,304 per hour to $6,249 per hour; and that PICA and PERA contributions be withheld effective April 15, 1991. Ayes _, Nays _. cc: Personnel Pile Chief Kilbo sv ?*--v »»••• ■. ;a' ^v»>- b"'-' V'--1^- •V . 3f-'i:0r '■''mp P i¥p ®'i> ■ m- '?i.V . •:■ M w ■ i'-P'I A?: &.fc.'rSr if p-. I?- W'mr- W- !:■' . Date: April 16. 1991 To:Mark Bernhardsoa. City Administrator From: Melvin Kilbo, Chief of Pol'ce ?% ^ % Re:Letter of Appreciation I request the City Council to accept this letter to be given to Lt. Mark Moran upon his resignation from the Department, as a token of appreciation for his five years work with the Orono Police Department. To: Mayor Peterson and City Council From: Mark Bemhardson, City Administrat Forward Recommending Approval. Proposed Motion ~ moved by seconded by that the Council approves the letter being given to Lt. Mark Moran, expressing the City's appreciation for his work with the Orono Police Department. "1•; 'imm rr' ^•czmiizji k V- ^ ^ \ ^ Ar -» •) M.H. Kilbo Chief of ^oiice Administration Non-Emcrgency Emergency 473-7710 $44-9511 911 CryfCal 9mf, MN SS323 44S Willow Drive ionf Lake. MN SS35k ; . !ifrSt''^ Ws' ■ W'" 1' •- r- m-.- -*r -^-■ = ,1 gk?v- fr-' -/ H>- ■ ■ ---•- tS vm .’. .rj.--r- ■. twf t , '^i' April 10, 1991 Lt. Mark Moran 354 Dexter Drive Long Lake, Minn.55356 Dear Mark, tt is with great regret that we accept your resignation as a Lieutenant with the Orono Police Department. Your service since August of 1986 has been exemplary, earning commendations from the department as well as the public. Your contributions to this department have been many and will be greatly missed as will your experience in the many aspects of law enforcement. We wish you the best in your college work and future endeavors. Sincerely, Melvin Kilbo Chief of Police Barbara A. Peterson Mayor J. Diann Goetten Council Member Edward Callahan Council Member Gabriel Jabbour Council Member Mary Butler Council Member Sanmg North UNm mrnmortko Cemmunitioa ct Omno, Long Lolm. Mitmotonha Booch and Spring Pork r 'r 0 ••41591.3 TO: FROM: DATS: Mayor and City Council Mark E. Bernhardson, City Administrat April 15; 1991 A SUBJECT: Highway 12 Corridor Study Process/City Position % Attachment:A. Adopted Position - Draft B. Letter of Transmittal to Long Lake/Draft C. Letter of Transmittal to MnDOT/Draft D. Letter of Transmittal to other Cities/Draft E. HNTB Memo Dated 4/15/91 ISSUE - X, Present for Council approval the documents adopted and to be transmitted as a result of Council action on April 8r 1991. 2. Present draft of cover letter to other cities in study. 3. Update status on next round of meetings. INTRODUCTION - At the Council's April 8, 1991 Council meeting after substantial discussion adopted what is set forth in Attachment A. In addition to that Council subsequently approved the drafted transmittal letters individually prior to the April 15* 1991 special Council meeting. RECOMMENDATION - It is recommended the Council accept the information presented. PROPOSED MOTION - Moved by _, seconded by _, Council accept the information presented in the information packet as information only at this time. Ayes _, Nays _. -i'-.J ADOPTED CITY OF OROHO/BIGHNAT 12 POSITION ADOPTED MARCH 25, 1991 Review of Process In January the City Council requested the Planning Cominlssion give it a recommendation on the Highway 12 Corridor process. At the work session held on February 6th, Commission members defined the scope of their review and the specific issues to be addressed by the Commission as Council had provided no specific direction in their charge to the Planning Commission. The Planning Coounission concurred that the first step would be to define a series of goals and policies that would set forth the framework for discussion and finally support a final recoBunendation. They agreed that the recommendation must include a specific location for an east/west corridor, the type of corridor or upgraded road to be Installed and potential impact upon existing zoning (land use) within the City of Orono and impact of an east/west corridor on adjacent cities. For the record, this recommendation has been developed without the benefit of the findings of the modeling and traffic forecast study by Howard Needles & Associates to be completed in April of 1991. Their final recommendation was influenced by specific written/documentation, comments of the professional staff and consultants for MNDOT, Metro Council and Bonestroo, Anderlik, Rosene 6 Associates and are specifically listed as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 1980 Community Management Plan of the City of Orono. Intent of the zoning districts within the City of Orono. Sections from the Metropolitan Development Guide/Policy Plan. Plan for MNDOT Safety Improvements for Highway 12 scheduled for 1993. Comments of Carl Ohrn, Principal Planner, Metropolitan Council. Comsients of Larry Dallam, consultant for MNDOT, Highway 12 Project (Howard Needles 6 Associates). Comments of Natchez Diaz, Transportation Manager, Metropolitan Council. Commenta of Gary Bylander. Transportation Engineer, Bonestroo, Anderlik, Rosene 6 Associates. Written and oral comments of citizens of Orono. Minutes of the Policy, Citizens and Technical Coasdttees for Highway 12. Comsients of concerned citizens groups of Long Lake. Informal comments of an Orono School Board member. :^v H- *--■■ iVr.\' K ' l-i Adopted City of Orono/Highway 12 Position Par« 2 The Orono City Council reviewed the Planning Coininission recommendation and adopted the Planning Commission recommendation at their April 8» 1991 meeting. 1. 2. 3. 4. 5. 6. CITY 1 ADOPT! lUIIB OF OROHO/HIGHHAT 12 POSITION APRIL 8, 1991 Overall goals and policies of the 1980 Community Management Plan are still appropriate and should be restated for these discussions. The designation and/or new installation and/or upgrading of a corridor through the City will not result in the rezoning to cosmerclal or industrial of abutting lands nor the expansion of existing commercial or industrial zones. Mo changes in current zoning shall be considered. The City shall support the views of its residents but final determinations must be based on a comprehensive response to Immediate and future transportation needs. The upgrade of Highway 12 is necessary within the Orono/Long Lake area because of safety factors. To encourage all levels of communication between the Councils, Planning Commissions and citizens' groups of the cities of Long Lake and Orono. To encourage a forum for the exchange of ideas and concerns for the purpose of developing a mutual plan/agreement between both cities. Adopt the following from a staff memo prepared for Council entitled "Initial list/potential goals for Orono", as follows: A) effectively and safely handle traffic (not via a freeway)i establish corridor to plan around; minimize time length for property owners caused by uncertainty as to highway location; develop corridor as close to present as possible; limit residential impacts; protect the natural environment. B) C) D) B) P) i ^ i—«• —.... p ,r I- 5- !x. rv Adopted City of Orono/Highway 12 Position Page 3 Corridor Location The Planning Conunission reconunends against the creation of a new east/west access corridor through the City of Orono and recommends that only existing corridors be considered to minimize impact on existing land use. The Planning Commission unanimously HQireed that the southern corridor that both intersected and would use sections of the right-of-way of the Luce Line were unACC€ptAble bA80d on onvironwontal concerns* The majority (o to 1) recommends Highway 12 rather than County Foad 6 because of the potential impact on rural residential zoning adjacent to County ^ad 6. The Planning Commission viewed Highway 12 zoning to be more compatible with an upgraded corridor. The minority opinion asks Council to consider County Road 6 beginning at Highway 101 rather than a future road linking 4-lane Highway 12 at east border of Orono to County Road 6, the reason being that there is more unused* undeveloped area adjacent to existing road. The upgrade of County Road ? would have less impact on existing development than the upgrade of Highway 12. If the current upgraded corridor reverts to a freeway at a later date* County Road 6 is at the northern border of the City and would not result in physically dividing the City as would the upgrade to a freeway of Highway 12. The Planning Commission unanimously encouraged the City of Orono to work with MNDOT and the City of Long Lake to expedite comprehensive safety improvements to Highway 12. The members are concerned that the needed safety improvements continue to be delayed now to 1993 and based on future budget limitations may not be realized in 1993. Design of Upgraded Road It was unanimously recommended that a "minimum width right- of-way* roadway (*less than expressway") be constructed with a concrete median barrier separating opposing lanes because of space limitations. They strongly recommend against this roadway ever being upgraded to a freeway status and would prefer to nave speeds not exceed 40-45 m.p.h. within the City of Orono. The Planning Commission strongly encourages the Council to carefully consider the findings of the modeling and traffic counts in order to determine how much of an upgrade is needed and that based on where the needs are from the west* that Highway 12 should not e the only alternative considered for addressing regional traffic flow and pressure from the west. Ir . *' i» r ih': i'-'. V^‘ K. f ■.- Adopte!! City of Orono/Highway 12 Position Page 4 lapact on Bzisting Zoning The upgrading of Highway 12 shall not result in the creation of new conanercial/industrial zoning districts within the City nor shall it encourage the expansion of existing commercia1/industrial districts. The existing zoning along Highway 12 will be compatible with an upgraded roadway and that the hind of transportation needs addressed in Comprehensive Plan Amendment #2 be considered for all developments adjacent to Highway 12 (development of service/frontage roads and prohibition of direct access onto Highway 12 for new development). Impact upon Long Lake of Upgraded Existing Corridor We concur that future consolidation of both the City of Long Lake and Orono makes for good planning sense for both communities. The minority opinion cautioned that such a recommendation may be construed by Long Lake citizens as an adversarial move or aggressive takeover. The majority of the members believe the opposite as this is the opportunity to encourage formal discussion between both cities. The City of Long Lake must be made "officially" aware of Orono ’s true intention. Orono does not wish to compete with the established consMrcial community of Long Lake but to assist and support it’s perpetuation. A "contract" consolidation need not result in the loss of Long Lake's unique identity as a business center. Exhibits are available upon request Isv pv t:. r & 4 1 ? 1. ■ Mayor Svrartwood CounciImembers City of Long Lake 310 Russell Lane Long Lake* MN 55356 Dear Mayor Swartwood and CounciImembers# In an effort to expeditiously transmit to ycu my understanding of what had been adopted by the Council at our Monday, March 25th meeting regarding the Highway 12 corridor issue, I sent you a letter on March 29th (mailed) along with a copy (hand delivered) of what I understood the City's official position to be on this matter. This was in error. This letter is to serve as the official notification of the City's position on Highway 12. The Council, at their Monday, April 8, 1991 meeting, by a majority vote (3-2, Callahan, Butler and Jabbour) affirmed their adoption of the Planning commission recommendation in total. Part of that recommendation relates to the two communities exploring a possible merger.This exploration is not because the City of Orono has any goals for consolidation apart from it being a better way to serve the citizens who reside in both communities. As I have stated before, the Orono City Council looks forward to sitting down with you and the Long Lake Council to further explore the impact of this recommendation on the City of Long Lake. Beat regards. Barbara A. Peterson Mayor cc: CounciImembers Planning Commission City Administrator Department Heads ►■t H ..'i^ ■5 ?~o 1 J n ^1 • ^ J 1^ 2 ftT7M//A(ez/r (1 Mr. Steve Hay Project Manager/Highway 12 Corridor Study Minnesota Department of Transportation 2055 N. Lilac Drive Golden Valley, MN 55422 Subject: City of Orono/Corridor Recommendation Dear Mr. Hay, Attached is the adopted position of the City of Orono regarding the Highway 12 corridor location. This is a result of work done by the City's Planning Commission and was the result of an assignment given them in January by the City Council. They held a series of three meetings in which they got background, had a public input session and developed a proposal during February. They subsequently formulated a recommendation that was adopted as the Planning Commission's final draft on March 20, 1991. The position as attached was adopted by the Council at their April 8, 1991 meeting. The full Council supported the bulk of the Planning Commission's document with the resulting vote of 3>2 merely a reflection of differences as to whether the final paragraph should be included in the transmittal to MnDOT. The intent of the proposal is to give the Minnesota Department of Transportation Orono's philosophy in how it looks at a major arterial passing through the community within the framework of its Comprehensive Plan. He look forward to working closely with you as the selection process continues. Sincerely Barbara A. Peterson Mayor Enclosure cc:City V ^uncil Planning Commission Lawrence Dallam, Howard, Needles, Tammen 6 Bergendoff L- Ir 'cct CounciImembers F'-’Planning Commission h\ aT' ..City Administrator ' Department Heads V• fi- i-'- .■V, i- ini:- kr A 7 r-’..' i' - LKi>>r C V- i!*'. [il-ym- 41791./r/;c/(m<sor b - 'I •j J To Mayors of: Delano Independence Maple Plain Medina Wayzata Board of Supervisors Franklin Township Dear Mayor The attached document represents the position of the Orono City Council regarding the Highway 12 corridor. This document is the result of three (3) study meetings, including a public haacing hy our Planning Commission and was officially adopted by the Cit Council at their April 8, 1991 meeting. If you have any concerns or questions, feel free to contact me« We look forward to working with you on this matter. Sincerely, Barbara A. Peterson Mayor Enclosure 7 Lf j. ; .jt AI.I.W t: ' i: ■■ h f t;^ I:,: i--‘. V if- r-i'1% WX t; '. . 5^ li'.^:a nnWlffHistn’ € MEMO ^ p --. ‘ O i . TO: FROM: T.H. 12 Committees April 15, 1991 Larry Dallam Enclft^r^ is the agenda for the next meeting. The Technical and Citizens Committees will meet on Tuesday, May 21st and the Policy Committee on Wednesday, May 22nd. The main item of business will be the presentation of the 2010 traffic forecasts. The forecasts were not completed for the scheduled April meetings because of the budget freeze imposed on new contracts by the governor. Authorization to proceed on the forecasts was therefore delayed for about four weeks as a result of the uncertainty about the budget situation statewide. LND/mst HIMTB I V'.;- trf f:. % i TH 12 CORRIDOR STUDY TH 101 - TH 25 POLICY COMMITTEE MEETING NOTICE Wednesday, May 22, 1991 Maple Plain City Hall 5:30 p.m. AGENDA I.Call to Order n.Approval of January 23, 1991 Minutes m.Project Status IV,Traffic Forecasts V.Other Business VI.Comments from the Audience Vn. Next Meeting Vm. Adjournment HIMTB fe, i FIp- i pi\ P- & |c. I *-T DRAFTTH 12 CORRIDOR STUDY Policy Committee Meeting Maple Plain City Hall Januaiy 23,1991 Momhftrt Present: B. Peterson, M. Alger, M. Johnson, R. Bauman, G. Acromiie, D. Poss Alternates Present: B. Swartwood, K. Gabriel, M. Bemhardson nther< Present: S. Hay, L. Dallam, R. Harris, G. Johnson, R, Peterson, D. Peterson, G. Connell. W. Griffith. C. Moleski, A. Carlson. G. Carison Chair Johnson called the meeting to order shortly after 5:30 p.m. New members D. Poss from Delano and B. Petenon from Orono were recognked. The minutes of the December 19,1991 meeting were approved as submitted. Hay explained the difficulty he has had in obtaining traffic forecasts for the projea, and as a result, Mn/DOT will contract with HNTB (under an existing transportation planning agreement) to prepare them. The completed forecasts are expeaed for the April Policy meeting. (It was explained that HNTB will use Mn/DOTs existing data and farther refine the Metro Council’s forecasting model to get a better estimate of tr^c on the county roadway system.) Dallam said that HNTB would use the Metro Council s most current as to the traffic volumes coming from the west, which would not have been in Mn/DOTs forecast data. Dallam then discussed the status of project mapping and presented base map overlays of the project area ’s He said that a composite photograph of the overlays wth the sixth gyaflay, 2 b lacl^ tapelined acetate of corridor revisions as a result of the avoidance veas during the mapping (parks, etc.) and tape would be distributed to policy committee representatives following the meeting for each community to make additional shifts, as appropriate, in the alternative alignments in their communities. Committee on the mapping followed: Chair Johnson defined Ag Preserves^ for the Committee; members discussed the affect the project would have on the Luce I^e Trail; and the suggested alternative for Long Lake of routing the facility over the railroad Md behind the shopping center (not feasible and prudent from community impact or engineering standpoint) Oiatr Johnson asked how changes on the mapping or alternative alignment should be reported. Dallam requested changes on bumwad or other transp^ent material, and that members would have several weeks to complete this. Johnson asked the for changes - Swartwood mentioned that a new school would be constructed east of the existing Orono Middle School complex within two years. Questions from the Audience were received. G. Johnson (Orono) asked if churches were considered in the feature mapping - Dallam replied that they were mapped only if identified as an special community feature. Dallam defined "aaive" use (re: the Luce Line I: Policy Committee Minutes January 23,1991 Page 2 Trail) as a recreation facility that can withstand greater sound levels, if buffered, with less disturbance to its users. He added that the MnDNR would render the fin^ opinion on the impact to the Luce t in* Trail (and other public park and recreation facilities). Gary Carlson (Orono) asked whether the current TH 12 right-of-way could accommodate a freeway - Dallam replied “no", that between 150-200 ft. would be needed, depending on Ian#, requirements and frontage access needs. Carlson also asked about cost and project A,ti#«ng - Humbert replied that the Projea’s Environmental Impact Statement (EIS) or subsequent construction was not funded at present, and that Mn/DOT is currently reevaluating all their projects to determine where funds will be made available. Hay added that the allocation of funds for the project is based on need, and if the solution of need is cost-prohibitive, the impact of the project cost will be just as important as the Social, Economic, and Environmental (SEE) impacts in the final evaluation. It was further added cost analyses are done for the surviving corridors, but nr»t until the project reaches the EIS stage. Allan Carlson (Orono) asked why the roadway could not simply stay on the exis^g ftH£ntni|>nt west of Long Lake as a more economical solution and to avoid disruption. Dallam and Hay said that the purpose of the scoping document is to identify alternatives for further study, and that the federal process requires documentation to eliminate feasible alternatives — that cost is not a sufficient reason to throw out an alternative at this point of study. Traffic forecasts will probably eliminate the infeasible corridor alteimtives. Dallam added that also from the standpoint of the entire TH 12 improvement project, the statewide goal of l^assing urban places like Delano, Maple Plain, and Long Lake helps solve the transportation need. Jim Lane (Medina) said he lives near the CR 11 bypass alternative and urged the to "get on with it", and push Mn/DOT and its consultant to fii^h the scoping. He and others are frustrated with the lack of urgency seen and the delays in obtaining the traffic forecasts. Carol Molesky (Burnet Realty) discussed the impact the project is having on the local real estate industry. Hay informed her that the project would not be constructed before 1998, at the very earliest, and offered to inform buyers/sellers of the project. In Other Hay mentioned that Mn/DOT would be distributing a phamplet in about a on the project, which will describe the process. Humben added that the certainty of %"dlng the EIS will be known by mid-to-late 1991. George Johnson (Orono) complemented Ms. Scheuer on her excellent media coverage of the project • • 1. n.r 1 f:- ;- 'i: 'f i ft:^1-;. Policy Committee Minutes Januaiy 23, 1991 Page 3 Poss asked when formal public hearings on the layouts should begin. Hay and Dallam said that this process does not require a formal public hearing (except for the Scoping Decision Document); that typically a community will reach a decision or make a statement of suppon for the alternatives to be studied in the EIS following the Scoping Decision Document public bearing. (The revised date for this public hearing appears in the attached revised project schedule.) Acromite asked for a future confirmation and 90 percent estimate as to when traffic forecasts will be released. Dallam said this date will appear in the meeting minutes (note: May 22,1991) Additional Comments and questions were then received from the Audience and Committee. Allan Carlson asked what the traffic forecasts contain that will allow alternatives to be eliminated. Dallam said forecasts indicate whether an alternative is a feasible solution to the probleuL Chair Johnson asked if Greater Minnesota traffic behavior is faaored into the forecasts - Dallam replied "yes ” and cited the TH 12 improvement project in Litchfield as an example of looking at outstate traffic and the effects it has on retail sales and business impacts. Acromite asked when other suggested alternatives (such as one-way pairs) will be considered and when the Policy Committee votes on the final selection of corridors once the technical information has been received. Hay said that shifts will be considered and that one-way pairs can still be designed as expressways or freeways. Humbert said that corridors will be identified fint prior to doing any engineering feasibility studies on the best facility. Acromite stated that this wUl create too many alternatives for study, and that technical ideas or creative i^q;>roaches should be used in the corridor study. Humben said the roadway design is not considered by the forecasting model and that corridors can shift through the process to allow more flexibility and therefore suggest a future design. Allan Carlson asked how one corridor could be evaluated against another if specific data were not used for a conq>arison. Hay said after the corridors are screened, then remaining corridors will be investi^ted in much greater detail. Dallam added that a one-way pair could be studied in the EIS. In Other Business, Acromite mentioned that Medina would be holding a public information meeting on the project at the Medina Entertainment Center (formerly Ballroom) on February 2,1991, at 9:00 a.0L The next meeting is scheduled for April 17,1991. Any meeting changes will be announced by Mn/DOT and HNTB. Meeting adjourned at 6:56 p.m. '•i' A-;.:.*. ' TH 12 Corridor Study Citizen’s Committee Minutes Maple Plain City Hall December 18.1990 (Approved January 22. 1991) Mgmhgra Present: D. Cade, G. Johnson, G. Cook, E. Winston, E. Olson, J. Bems, R. Gnitka, S. Hay Alternates Present: J. Massopust Others Present: L. DaUam, R. Harris, I Madson, D. Stinson, S. Hauser, B. Field ■K ■f- ■ V ^ ■ I k1: f" I’•' • Hay called the meeting to order at 4:05 p.m. The minutes from the November 13th meeting were approved as submitted. Dallam presented the status of the project. He said that input on "special features" had been received from Maple Plain, Long Lake, and Orono, and that representatives from the other communities would be submitting special features to HNTB (per Technical Committee discussion) as soon as possible. Orono’s recently held public meeting was mentioned, which was helpful in identifying to the public the need for and process for the project. Discussion concerning Long Lake included a shift for the in*place alternative to follow the railroad right-of-way. Other Committee discussion included the federal funding portion of the project (current is 75%). Dallam said all mapping will be done 1^ January’s meeting, and tLu the next meeting will be the fourth (not third) Tuesday ~ January 22nd. Dallam then distributed a new schedule of activities, which reflects about a three-month setback from the original. Hay then presented preliminary traffic forecast data for the expanded in-place alignment of TH 12, the eSAH 11 Bypass, and the South Bypass Alternatives. Also included were 1988 traffic counts for TH 12 and TH 55. Hay said the volumes show demand (planning) ' forecasts based on the Metro Council’s model. The demand forecasts are unconstrained, so the volumes may exceed current roadway capacity. County road forecasts will be provided with the next iteration and refinement of the traffic data. The preliminary forecast for TH S5 was not distributed because the projections were not viewed to be reasonable, according to Hay. Hay said that the South Bypass Alternatives take the majority of growth in the project area and alleviate traffic growth through Long Lake on TH12. rntntniHgg discussion on the forecasts included comments on the absence of the CR 6 Bypass Alternative (Hay said at the planning forecast level, volumes would be very similar to the South Bypass alternative - more detailed data on CR 6 and TH 55 would be made available at the next meeting). Hay summarized the bypass alternatives by stating that they do reduce traffic in Long Lake at the cost of environmental impacts. He also said that the forecast volumes suggest that the current roadway will not be able to accommodate the forecast traffic • that the numbers are accurate for planning, not design, purposes. r li li: ?■ S'. I; T •T [.f m- ^•::' u- $fe¥' s’v.: tei'-' S/:V. .‘V i:I" g ■ f <*»■ • • • • Citben’s Committee Minutes December 18,1990 Page 2 Other Committee discussion focused on the question of upgrading two major roadways (TH 12 and TH 55) in the same general area; growth patterns and growth management in the area; the future of mass transit in the projea area; CO pollution; proposed TH 12 improvements west of Delano; and weighting (valuation) of the anticipated project impacts. Questions from the audience were received. These questions/comments included the of routing truck traffic from TH 12 to TH 55; using reversible lanes on TH 12; Mn/DOTs local approval bypass option (where consensus not available); and expeaed alignment thiftK in the cuTTent alternatives - from now to the completion of the EIS. The audi f***T discussed why more TH 55 commumties have not been participating in the scoping process (Hay and Dallam said that TH 55 would be studied further if found to be a viable alternative, i.e. it will divert enough traffic from TH 12 so that it will not be necessary to upgrade TH 12 to four lanes). Meeting adjourned at 5:36 p.m. RDH/mst V. ■ ^ , • h & .l--. (■■j !■ ■ '■i' r^' >h: •ft,- TH 12 CORRIDOR STUDY Policy Committee Minutes Maple Plain City Hall December 19,1990 (improved Januaiy 23, 1991) Mgmhert Present! T. Humbert, M. Johnson, R. Bauman, M. Alger, G. Acronsitc, A. Kunze Alternates Present: M. Bemhardson Others Present! S. Hay, L. Dallam, R. Harris, J/J Lane, G. Johnson, D. Peterson, B. Petcfson, B. Swartwood, P. Swanson, D. Poss, L. Ehlers, G. Wunderlich, S. Smith, G. Connell, E. Peterson Chair Johnson called the meeting to order at 5:40 p.m. The October 24th meeting minutes were approved with the following amendments: Page 3.2ariur-MJiiLi: "Humbert added that funds will be requested in FY 1992 for the EIS, probably at the end of the scoping process. There is a good chance that they would be allocated." Page 4.ise to comment from Pam Zanetti. Long Lake: "A: yetting for channelization 11-20-92, Martha Lane to Old Crystal Bay Road (1993 Construction) Letting for overlay 12-20-91, Old Crystal Bay Road to the east limits of Independence (19^ Construction)" S. Hay then distributed traffic volume data — including 1988 actual volumes and three forecut (unconstrained) scenarios for TH 12. The first scenario includes TH 12 t^graded on the in>^lace alignment (Hay noted more growth actually on TH 55); secondly, the eSAH 11 Bypass, whidi draws some traffic out of Long Lake; and thirdly, the South l^pass, vrtiidi seems most effective in drawing traffic off in-place TH 12 and local roads. Iby mentioned the volumes for the CSAH 11 Bypass in Maple Plain (along TH 12) iqipear to too low, and that although the volumes given are good for planning purposes, they do not /iqtadty restraint on the roadways (i.e. the facility ouy not be able to handle the forecast demand). The next iteration of forecast volumes will include the TH 55 and CR 6 Bypasses, and further refinements to the given volumes on the other alternatives. These will be presented at the next meeting. • • • • Poliqr Comnuttee Minutes December 19» 1990 Page 2 r » t. r' .■ Committee discussion on the forecasts focused on their accuracy (Johnson located a possible transportation error on the South Bypass forecast, south of Maple Plain, and Bemhardson stated the volume displays may have been shifted slightly; the expectations for the TH 55 and CR 6 Bypass forecasts, the accuracy of the Metro Council forecast modelling process and how the volumes could be given a credibility check (+ or • % of error). Dallam mentioned that models are only as accurate as their input (population and employment data) and tend to be more accurate on main roads and less accurate on county/local roads (because of the large size of the zones used to load trips on the roadway network). Questions from the Audience were received. These questions dealt with the validity of the data; assumptions that go into the forecasting model; the difference the model assigned in the traffic volumes on either end of Long Lake (with the South Bypass Alternative); and that the roadway volumes will not "add up" (across N-S screenlines) until the volumes on the county roads are available. Dallam then provided an update on the status of the projea. He said the overlay mapping is progressing and that requested "special features" have been received from several communities but is still needed or will be coming from Medina, Delano, and Franklin Townships. Alignment shifts can be expected following the mapping of the features. All overlays will be completed for presentation at the January meeting (scheduled for January 23,1991 >. Dallam said that possible alignment shifts, as a result of the feature mapping, will be shown at; .is meeting. Dallam then distributed a revised project schedule. He said that the evaluation criteria (as determined in Activity #3) will be the overlays and the results of the traffic forecasts. Corridor screening will probably take two meetings per Committee. Preliminary layouts will not be as detailed as previous layouts prepared specifically for the Long Lake/Orono area, but will show accesss points at a minimum. Activity # IS shows "select" changed to "identify" because a preferred corridor caimot be selected (approved) until the final EIS is completed. Audience discussion followed. Questions included the local knowledge of when a detemunation will be made to construct either a freeway or expressway (traffic forecasts will both fypes of design ~ and that impacts are essentially the same except for interchanges which will take additional right-of-way. Construction limits, for plaiming purposes, won’t be known until the EIS is undertaken, although Mn/DOT will provide preliminary right'^f-way definitions for the urbanized areas along the in-place TH 12 improvemem altemaii'*^); population growth in the area; and zoning/land use consideratioiis in evaluating the alternatives. F7^-' i-- >; & r ir k .• ;• »k' IPa ^ i.i- 1i- ir rp:r i¥Pn > Mi • . • • Policy Commiltee Minutes December 19,1990 Pate 3 G. Aaomite said that Medina will restate its Issues and Concerns to reflect that the CSAM 11 and TH 55 Bypass Alternatives are unacceptable and will be opposed by the community. The aty of Medina will likely ho’a a public meeting to revise its Issues and Concerns, to be updated in the nnals/Issues/Concerns documentation paper. Meeting adjourned at 6:53 p.nL RTH/dhs TH 12 CORRIDOR STUDY Citizen’s Committee Meeting Maple Plain City Hall January 22,1991 r- i Members Present: D. Hamilton, D. Cade. R. Gnitka, T. Wenz. D. MacMillan. G. Cook. J. Bems, E. Winston, L. Olson, G. Jol'nson, S. Hay t. K’ ^ -f ^ h f t . t. Alternates Present: R. Dayton Others Present: L. Dallam, R. Harris, M. Miller, R. Peterson, J. Behrman, T. Olson, B. Mam, H. Ault, K. Madson, A. Pe* srson, H. Bozeria, K. Nordin, C Johnson, G. Hayes, J. MericUth, D. McCulley, B. Swartwood Hay opened the meeting shortly after 4:00 p.m. The minutes from the December 18,1990 meeting were approved as submitted. Hay explained the difficulty he has had in obtaining traffic forecasts for the project, and, as a result, Mn/DOT will contract with HNTB (under an existing transportation planning agreement) to prepare them. This will create a three-month project delay; however, Dallam said that the forecasts are very important, since the need for the project must be documented at the federal level. Existing forecast data prepared by Mn/DOT will be used as a base and the Metro CounciPs model will be further refined with additional subdivisions (i.e. greater detail). The traffic forecasts were estimated to be ready in time for the April 16 Citizen’s Committee meeting. Discussion from the Committee focused on the Metro Council traffic forecasting model ~ that all Twin Cities area traffic forecasts are based from it; and that data from municipal comprehensive plans and population/employment are factored into the forecasts. (Dallam will further explain the components of the model at the April meeting.) MacMillan requested a copy of Mn/DOTs internal scoping information document that led to the decision that there is a need and that this is a high priority project. Dallam also reiterated that the "need" for the project is based on Mn/DOTs and the affeaed communi^s goals for the project Dallam then discussed the status of project mapping and presented base map overlays of the project area's features. He said a composite photograph with the sixth overlay (black tapelined acetate of corridor revisions as a result of the avoidance areas found during the mapping - e.g. parks, etc-) and tape would be distributed to Policy Committee representatives at their 1-23-91 meeting, in order for each community to make additional shifts, as deemed appropriate, in the alternative alignments for their communities. He also cautioned that one-quarter inch is equivalent to 500 feet, so even minor shifts can have significant effects on the roadway location. The effect will be to narrow the field of alternatives to study only those that are feasible and prudent. ♦ * « '1 fefi K' ^'Ffi"- r- Cilizen’s Committee Minutes Jaouaiy 22, 1991 Page 2 Questions from the Commitiee were received. Bems asked what restrictions are placed on public recreation {4(f)} lands; Hay responded that no feasible and prudent alternative to the tak«"g of such lands will be permitted without fiinher documentation of avoidance alternatives and impact mitigation. MacMillan asked what modifications could be made for Long Dallam discussed a suggested modification that would route the facility over the railroad and behind the shopping center - which would take the Pannekoeken restaurant «nd require the roadway to be elevated about 40 feet. From a community impact and <>ngitiggri iig standpoint, this is not a feasible and prudent alternative. Winston asked about a option ~ Hay responded that the cost of a tunnel could have serious ramifications on the funding for the project (if there were other more cost-effective alternatives available). In Other Business, Hay mentioned that the St. Cloud Mn/DOT district would be holding a public information meeting at the City of Montrose to update the public on the improvement of TH 12 from Delano to Montrose. He also mentioned that he will be ^p«»aifing about the TH 12 project at the January 31, 1991 Maple Plain Chamber of Commerce meeting. Also mentioned was a special public information meeting about the TH 12 scoping project on February 2, 1991 at the Medina Entertainment Center (formerly Ballroom) MacMillan requested additional information about the traffic forecasting model to be used in the project Other cnmmgnts from the Audience were then addressed, including the feasibility of stucfying a "split corridor” or one-way pairs through Orono and Long Lake; the omission of Bedeiwood Park in Orono from the features mapping; the contribution of the project to possible urban sprawl; and the abi'ity to convert privately-held land to Section 4(f) land. Truck traffic rerouting was also discussed, as was the new timetable of the project (to be distributed with the minutes of this mr^^ting). Other questions dealt with right-of-way acquisition, the urgency of screening out infeasible corridors to abate the "stale” real estate market fears, the inclusion of minor improvements to existing TH 12 in the traffic forecasts; and the equal treatment of the alternatives selected for further smdy in the Environmental Impact Statement The next meeting was tentatively set for April 16, 1991, 4:00 p.m.. Maple Plain City Hall. Mn/DOT and ID4TB will announce any meeting date changes. Meeting adjourned at 5:2S p.m. RDH/rdt • • • • J. D'- ¥ V Y h, % TH 12 Corridor Study Technical Committee Minutes Delano City Hall December 18,1990 (Approved January 22, 1991) M#mher« P—aent: S. Hay, J. Sweeney, J. Dillman, D. Dudinsky, W. Fingalsoru M. Wurzer. J. Gerhardson, T. Loucks Present: P. Nesenson, J.D. Goeiten, T. Johnson, A. Brixius. A. Vande Vcgte __________H: L. Dallam, R. Harris, G. Welter, R. Scheuer, S. Nelson, D. Poss, A. Cosgrove, P. Pittel, S. Use Hay called the meeting to order at 1:12 p.m. The minutes of the November 13, 1990 meeting were approved as submitted. Dallam provided an update on the project status. He said that two conununities (Maple Plain and Long Lake) had provided input thus far for the "special features" overlay. He mentioned that the City of Orono held a recent public meeting to discuss the Scoping process with the public and the alternatives under consideration. HNTB has all inventory daU and is in the process of preparing the overlays, but to present complete overlay data and begin the corridor screening process, Dallam said that the remainder of the need to finish and submit their "special features". (Representatives discussed their cnmmunitigx would Submit as soon as possible to HN*TO. Gerhardson presented Orono*s "special features" and other data at the end of the meeting.) Dallam distributed the revised project schedule which states that the corridors will be screened in January ~ Dallam estimated it would probably take two meetings per committee to the screening. The next Technical Committee Meeting will be held on January 22, 1991, to begin the screening process. Hay then presented preliminary traffic forecast data for the expanded in>place alignment of TH 12, the CSAH 11 Bypass, and the South Bypass Alternatives. Also included were 1988 traffic counts for TH 12 and TH 55. Hay said the volumes show demand (planning) forecasts based on the Metro Council ’s model. The demaiui forecasts are unconstrained, so the volumes may exceed current roadway c^>adty. Conner road forecasts will be provided with the next iteration and refinement of the traffic data. The preliminary forecast for TH 55 was not distributed because the projections were not viewed to be reasonable, to Hay. Hay said that the South Bypass Alternatives take the majority of growth in the project area and alleviate traffic growth through Long Lake on TH12. discussion on the traffic forecasts included their development (Dallam explained the Metro Council ’s model), assumptions that have to be made for Wright County (which is outside the Metro Cbundl’s seven-coimty forecasting area), and that the traffic demand I- fe’'.-..., . • • • •Techakal Committee Minutes December 18,1990 Page! appears to be shifting to the south and to 1-394. The Committee also discussed growth patt^ for the area. Hay said the remaining forecasts (TH 55 and CR 6 Bypass) will be discussed at the next meeting. In Other Business, Hay said that the project is generating a great deal of controversy, and that open public meetings (like Orono ’s) seem to be helpful to explain Vhat’s going on" and Vl^. Most of the concerns relate to misinformation or lack of information about the project Questions from the Audience were then received. Discussion focused on the need/purpose of the project (Mn/DOT may develop and distribute a position statement about the need for an improved TH 12), and the TH 55 Alternative’s relationship to TH 12 as a joint or a separate improvement project. The accuracy of the forecasts was also discussed (urban vs. rural fi>refy«Hng; input - population and employment — relationship to output) and the future refinement or constrainment of the data. Hay also added that these forecasts cannot, at this determine freeway or expressway standards, and that the level of service (for roadway capacity) will be determined with more refined volumes. Meeting adjourned at 2:20 p.m. RDH/mst 141*^: M»Tael8>lt MM ' ^ ' •■ ■■■ r u i i- L. -*■',■ ; '= ■’ r; ■r;- ■4‘- • • • • t-f. -. J • TH 12 CORRIDOR STUDY Technical Committee Minutes Delano City Hall January 22, 1991 Members Present: S. Hay, W. Fingalson, J. Gerhardsoa M. Wurzer, A. Brixius. J. DUlman, J. Sweeney Alternates Present: J.D. Goetten, T. Johnson, P. Nesenson Others Present! L Dallam, R. Harris, D. Schmidt, R. Schmidt, B. Reeder, A. C S. Gilmer, D. Stevenson, K. Madsen, D. Molin, R. Schcuer, D. Poss, G. Johnson Hay called the meeting to order at 1:05 p.m- The December 18,1990 meeting minutes were s^iproved as submitted. Hay explained the difSculty he has had in obtaining traffic forecasts for the project, and, as a result, Mn/DOT will contract with HNTB (under an existing transportation planning agreement) to prepare them. This will create a three-month project delay; however, Dallam noted that the benefits of having the consultant prepare the traffic forecasts are "worth the wait ” because HNTB will be able to refine the Metro Council’s model into more refined zones (i.e. more time to spend on more refined data) than would Mn/DOT have been able, and overall project coordination would be improved by keeping the project tasks assigned to one Dallam estimated that the traffic forecasts would be available for the April Technical Committee meeting. (The Committee also decided that this would be the appropriate next meeting date — April 16,1991.) Hierefore, it will not be known whether or not the current TH 55 and CR 11 Alternatives are viable for further study until April Dallam and Hay explained to the Committee that the existing forecast data from the Metro fVwinfn model would be used as a base when incorporating more refined (subzone) data. Brixius asked for more current traffic data for Delano (incoming traffic). Dal la m said the forecasts would incorporate 1990 census and data from the new regional Travel Behavior Inventory. naiiflin then discussed the status of project mapping and presented base map overlays of the project area ’s features. He said a composite photograph with the sixth overlay (black a ceta te of corridor revisions as a result of the avoidance areas found during the mapping - e.g. parks, etc. ~) and tape would be distributed to Policy Committee representatives at their 1-23-91 meeting, in order for each commumty to ma ke additional shifts, as deemed ^ipropriate, in the adternative alignments for their communities. Dallam said suggested shifts for the mainlin e TH 12 upgrade have been studied for Long Lake. However, by shifting the alignment to parallel the railroad, the Pannekoeken ■■Iri i'- rn*' . Teclmical Committee Minutes January 22,1991 Page 2 restaurant would have to be taken and the roadway would have to be elevated about 40 feet over the railroad to pass behind the shopping center. From a community and engineermg standpoint, this is not a feasible and prudent alternative. Gerhardson noted that a park in Orono (Bederwood Park) was omitted from the mapping. (Dallam said it would be added to the composite photo.) Dallam said that other errors will possibly be found ~ and that the communities should notify HNTB with any changes. Questions were then received from the audience. Discussion took place on the relationship between the alternatives and the affect of attracting (unwanted) growth; the ranking value of hom ef tak^n compared to natural features, such as wetlands, etc.; and the impacts of a southern alternative on the Luce Line Trail and Lake Minnetonka. Questions were ato about freeway interchange locations (most likely at county road intersections), the possibility of commercial rezonings near the new route; accessibility that would be provided t^new roadway; and the difference between a freeway and an expressway. naiiam stated that given the scale of the mapping (1" * approximately 2,000’) a sUght shift in an can have a considerable effect on the actual distance the alignment has been moved. As begin the corridor screening process, it was noted that the linking pieces shown on the mapping will be used to "match-up" the commumty route dec? res. (Currently, there are 10 alternatives with the combination pieces.) In Other Hay said the St Qoud Mn/DOT District would be meeting to discuss the upgrade of a segmem of TH 12 from Montrose to Delano. He also said that a special muring would be held February 2, 1991, at the Medina Entertainment Center (formerly Ballroom) for Medina residents to discuss the project Goetten what the new state transportation commissioner ’s opinion is on and %riiether or not ai^ changes should be expected as a result Hay said bto/DOT staff have not occurred yet but are likely, and funding capacities at all levels ^ be scnitinized. (TTiis may affect the funding of this project's HS and further d^lopment programming. DaUam added that aU new Mn/DOT contracts have been frtnen.) Next Meeting - tentatively scheduled for April 16, 1991, 1:00 p.m., Delano City Hall Meeting adjourned at 2:10 p.m. RDH/rdb $-i'- i?:::bay; 41891.1 TO: FROM: DATS: X 0/tJ 9 Mark E. Bernhardson, City Administrator Dorothy Hallin, City Clerk ------- April 18, 1991 SmiJBCT: Final Performance Review of Linda Vee For Probationary Period Attachment: A. Compensation Plan Step Eligibility 1991 ISSUE - Determination of status after completion of probationary period and compensation step increase. DISCUSSION - Lin Vee will complete her one year probation period on April 23, 1991. In accordance with Section 203 of the Administrative and Personnel Policy, I recommend th-t she be retained as she has successfully completed the probationary period. Lin has expanded her knowledge throughout this year which includes; Building & Zoning functions, issuing of permits, dog licensing, special assessments and monthly reports for the building « finance departments. Her tasks also included putting together absentee ballots for voters during the elections held in 1990. During this period she acted as back-up Recorder and did an excellent job preparing the minutes for that meeting which included; a public hearing, a lengthy report by the Park Commission Chair and several complicated land use items. Lin performes her job in an efficient, pleasant and professional manner. At this time Lin is eligible for an annual step increase from $10.187/hour (Level 4, Step I) to $10.786/hour (Level 4, Step II) as noted in Attachment A. RECOMMENDATION - Linda Vee has successfully completed the probiition p6riod and it is recoiwnended her salary be adjusted from Level 4, Step I to Level 4, Step II, effective April 23, 1991. TO: Mayor and City Council FROM: Mark E. Bernhardson, City Administrator Forwarded recommending approval (f Li-J FT fi cm or ORONO {QMPBIISATION plan - expected performance levels 1991 'Ifir, ‘0^ Ofi ' %> & Tot A •1 Froais f' Ostes r;: ! Subjects ■ ‘Gregk-21, 1991 Mark E. Bernhardson, City Administrator John R. Gerhardson, Public Works Director April 15, 1991 41591.1 Performance Evaluation - Salary Adjustment - Gregory Palmer, Maintenance Worker xn functions of the Public Works Department. Isircwmnflatlon - Greg Palmer successfully completed his 1st year pjpobationary period. I would recommend adjusting his salary to Step 2 of Level 5 effective May 20, 1991. Proposed Motion — Moved by » seconded by » that Greg Palmer has successfully completed his 1st year probationary eriod. I would recommend adjusting his salary to Step 2 or vel 5 effective May 20, 1991. Ayes ___, nays ___.U TOs Mayor & Council Nark E. Bernhardson, City Administrat Forwarded recommending approval. cc: Personnel File John R. Gerhardson " V 'i r ri' TOs Nark E. Bernhardson, City Administrator Proas John R. Gerhardson, Public Works Director % Datas April 15, 1991 Sttbjacts Performance Evauation Salary Adjustment Public Works Supervisor Level I Wayne Quast ^ *7y I On November 28, 1989, Wayne Quast was appointed to the position of Public Works Supervisior, Level I. Due to circumstances, Wayne's probation was extended to May 27, 1991* Wayne's performance has been adequate and he continues to improve. RacoMendation Wayne has now successfully completed his probation as Public Works Supervisor, Level I. I would reco^end adjusting his salary to Step 4 of Level 8 effective May 27, 1991. Proposed Notion _ _ _ Moved _ _ _ 2nd that Wayne has completed his probationary period, and that his salary be Adjusted to stop 4 of Lovel 8 offective May 27# 1991# Tot Mayor Peterson & Orono Council Member Nark E. Bernhardson, City Administrate^ p^QO^Baiidation ~ Forwarded recommending approval cci Personnel File John R. Gerhardson Isv FfrlM^ ifr-■ ,-r.. 1Tot Datos Subjactt Mark E. Bernhardson, City Administrator John R. Gerhardson, Public Works Director April 16, 1991 Temporary Employment - Parks X X2: For 1991 I proposed two tem:>or^ry employees for maintenance of parks In the 1991 budget. We advertized for and received applications for the position. Af‘ ’ review of the applications, the following persons axe recommeiided for temporary employment for Parks and Public Works for the 1991 season: % Erik A. Bo«Rnan 2196 Stanford Ave St. Paul, MN 55105 Mark McGlinsky 1931 Lakeside Lane Mound, MN 55^ Proposed Notions • To employ Erik Bowman, porary Parks Maintenance Helper, at an hourly rate of $7.00 per hour effective April 23, 1991 and Mark McGlinsky, Temporary Parks Maintenance Helper, at an hourly rate of $5.00 per hour effective April 23, 1991. Ayes ___, nays ___. TOt Mayor Peterson & Orono Council Members Pront Mark E. Bernhardson, City Administratoi^ Forwarded recommending approval. Mark E. Bernhardson, City Administrator John R. Gerhardson, Public Works Director April 18, 1991Temporary Employment - Orono Golf CourseOn April 8, 1991 the Orono Council approved the employmencV of Aaron Burdick as a Temporary Groundskeeper Helper at the Orono Golf Course. Aaron has stated that he is no longer interested in working at the golf course this year. After review of applications on file, it is recommended to employ Robert McWhite as a Temporary Groundskeeper Helper at an hourly rate of $5.00 per hour effective April 23, 1991. Proposed Motion - To employ Robert McWhite as a Temporary Groundskeeper Helper for the 1991 seasor. ct an hourly rate of $5.00 per hour effective April 23, 1991. Ayes ___, nays ___. I vo<Mayor Peterson & Orono Council Members ^ Mark E. Bernhardson, City Administrato^^^ Forwarded recommending approval. i W- li.';-... I i 'T n-I 41091. Op. -fsg, "OTOsMark E. Becnhardson^ City Administrator Dorothy Hallin» City Clerk DATS: April 10, 1991 SDBJBCT: Dog Regulation and Licensing Ordinance Amendment Attachment:A. Ordinance #60, Second Series B. Proposed Ordinance Amendment C. Animal Impound/Release Procedures ISSUE - Delete language in Ordinance #60, Second Series stating dogs not having a current rabies vaccination will receive a rabies vaccination prior to leaving the pound. INTRODUCTION - On January 1, 1991 the City signed a contracted with Reo-Ral"Kennels to provide impound facilities to the City. DISCUSSION “ The City Ordinance states the kennel will administer a rabies vaccination to dogs that do not have a current vaccination. As Reo-Raj Kennels does not provide this service it is necessary to amend the existing ordinance. Our current impound/release policy is outlined in Attachment C. RECOMMENDATION - It is recommended that the draft ordinance amen%ent be adopted and revise the license application. PROPOSED MOTION - Moved by __, seconded by , to ^^opt Ordinance # , Second Series amending Or-iina^ce #60, Second Series and dIFects staff to revise the license application. Ayes __, Nays TOs Mayor and City Council PBONs Mark E. Bernhardson, City Administrate^'' Forwarded recommending approval ^ w ;'.r* i.‘-r kt- >. !■ L‘> t C. Dogs currently licensed by another f/0€tJT' n may be temporarily kept in the City for a period i n ^ thirty days provided the dog wears a tag or other it from such licensing jurisdictionr and provided that £ license is obtained if the temporary stay extends I days or otherwise becomes permanent. Dogs licensed b; dictions are not exempt from the kennel licensing rc^- - - - - from any other provision of this Section. Source: City Code Effective: 4-1-84 Subd. 4. Application. All licenses shall be issued by the City and applications therefore shall be accompanied by a certificate issued by a veterinarian licensed to practice in the State of Minnesota* showing that the dog is vaccinated against rabies for the duration of the applied for license. nould the rabies vaccination expire prior to the full term of t * license* the owner is responsible for updating such vaccination, ^f a dog is impounded by the City and found to not have a current rabies vaccination* the dog will automatically receive such vaccination prior to leaving the pound* at the owner's expense. No more than two dog licenses shall be Issued to any one person or for any one lot* property or address at any one time unless there shall first have been issued a current residential or commercial kennel license for said person* lot* property or address. Ordinance 60* 2nd Series Adopted: ll-‘14-68 Subd. 5. Pees. All licenses and impounding fees provided for in this Section shall be issued only upon payment in full of fees fixed and determined in accordance with City Code Section 1.05. License fees shall be due for the full two-year license period except that licenses issued in even-numbered years may be prorated to one-half of the two-year license fee. No other prorating shall be permitted. Subd. 6. Tag Required. All licensed dogs shall wear a collar and have a tag firmly affixed thereto evidencing such license for the current year. A duplicate for a lost tag may be issued by the City upon presentation of the receipt showing the payment of the license fee for the current license period* and payment of the fee for a duplicate license. Tags shall not be transferable* and no refund shall be made on any dog license fee because of leaving the City or death of the dog before the expiration of the license. OROMO CC 207 (4-1-84) ,rr' 1^1 iVr-' 1 ORDINANCE t SECOND SERIES AN ORDINAti '*E AMENDING THE ORDINANCE 60, SECOND SERIES, ADOPTED NOVEMBER 14, 1988 WHICH AMENDED MUNICIPAL CODE SECTION 9.12, SUBDIVISION 4, ADOPTED APRIL 1, 1984. The City Council of Orono does ordain: Section 9.12, Subdivision 4 adopted November 14, 1988 and entitled "An Ordinance amending the Orono Municipal Code Section 9.12, Subdivision 4, adopted April 1, 1984 and entitled Application" is hereby repealed and amended as follows: Subd. 4. Application. All licenses shall be issued by the City and applications therefore shall be accompanied by a certificate issued by a veterinarian licensed to practice in the State of Minnesota, showing that the dog is vaccinated against rabies for the duration of the applied for license. Should the rabies vaccination expire prior to the full term of the license, the owner is responsible for updating such vaccination. No more than two dog licenses shall be issued to any one person or for any on*) lot, property or address at any one time unless there shall first have been issued a current residential or commercial kennel license for said person, lot, property or address. Effective Date. This ordinance shall be effective upon publication Adopted by the City Council of Orono on this 22nd day of April, 1991, by a vote of __ ayes and _ nays. Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor r-' I"I; *** ‘t W ;•• f y; ■‘iV V' ^V- f”' H:rr^ r * K>k fc- k ANIMAL IMPC'OND/RBLEASE PROCEDURES As of January 1» 1991, dogs picked up in Orono will be impounded at the following location: Reo-Raj Kennels 1195 Kennel Road Minnetrista, NN 55359 Phone: 955-1426 Release Hours: 8:00 a«m. to 11:00 a.m. 4:00 p.m. to 7:00 p.m. Directions: West of County Road 15 and County Road 92, County Road 15. When a dog is picked up in Orono, the owner will be notified nti«^ requested to pick up the necessary release forms at the City Hall. The Police Department will deliver to City Hall a two-part Impouad/release report (copy attached) for each dog picked up. The owner must then report to City Hall where the appropriate offense fees will be collected (see fee schedule for current rates). City staff should check for a current dog license and check the book to see if the owner has had any other offenses. If they do not have a current license, one should be issued with the owner showing the appropriate rabies information. If the dog does not have proof of a current vaccination, staff will issue the dog tag noting to the owner that the Orono Police will be checking at the end of 30 days for proof of rabies vaccination. If the owner has not had the dog vaccinated by the end of the 30 day period, the Police Department will issue a ticket to the owner. An inspection slip should be written up for the Police Department to check for current vaccinations in 30 days (if appropriate)• Once the above has been completed, staff must sign, date and £1X1 in the amount collected on the release form and return one copy to the owner. They in turn will use the release form to obtain their dog from the kennel. After signing the release form, one must record the offense in the book listing current licenses. It should be noted that the above listed times for release are the only times the kennel will allow pickups. Pi ii; ORONO POLICE DEPARTMENT ANIMAL IMPOUND/RELEASE REPORT Dog impounded by City of: (circle appropriate city) Long Lake Orono Spring Park Minnetonka Beach Dog impounded at: (circle appropriate kennel) Reo Ra) Kennels Animal Type: (drde)Dog Cal Other Animal Breed Male Female Color Collar Yes / City License Tag Yes No (II yes. city name and tag # Vet Tag Yes / No Name ol Vet Tag # Animal Owner Name Phone # Owner Address Release Into Dog Owner Notified: Yes / No Citation Issued? Yes /No If yes, # By Whom Dog Released by: Date of ReleBse.Time Payment Received: $cash chedc fat Impound □ 2nd Impound □ 3rd > Impound □ WHfTC: POLICE COPY PMC RELEASE COPY YELLOW; CITY COPY BLUE; IMPOUND FACILITY COPY J t 1 ^ _ % TOt FROM: DATS: Mayor and City Council Mark E. Bernhardson^ City Administrate April 16, 1991 I ^,\r^'. <5-.^Ss•/> ''P V % SDBJBCT: Administrator's Information PLANNING COMMISSION ^ ORDINANCE REVIEWS - Planning Commission at its April 15, 1991 meeting addressed 2 of the outstanding ordinance issues which are as follows: Public facilities of other public entities Temporary signs Planning Commission is recommending language that was identical to that presented by staff relating to other public entities. As it relates to temporary signs the amendment was to allow temporary signs no more than 32 square feet on each surface, for a maximum of 64 square feet, for a period no longer than 10 days, on no more than a 4 time per year basis. The recommended ordinance language currently re;.tricts it to 4 permits per year per building whether it is a single building owner or multi'* tenant building under one ownership. William Wear indicated that the multi-tenant situation makes it difficult and would desire a more liberal allowance for multi use buildings. This will be presented to Council probably at the May 13, 1991 Council meeting. SPRING HILL/TAX REDUCTION - As a result of a miscommunciation between our past assessor and the County the value that was approved at the Board of Review last year ended up having to be abated, which results in a net tax reduction to the City of about $5,500 in gross receipts for 1991. The City could, if it chose, take this as a special levy next year and spread it across the rest of the tax base. Had the value been correctly reflected last year, the balance of the City would have absorbed the $5,500 which is effectively what it would be doing if it were additionally spread over 1992. REGOLATION OF CLUB LIQUOR LICENSES - As noted in the memo from the Chief, any service, be it by the Club owner or members of a facility, would require a liquor license. The City will be preparing a letter to transmit to the Shoreline Yacht Club on this matter and they can determine whether they desire to undertake the licensing process or it that from happening. While acknowledging that the Club Room tfould be an alternative to people drinking on their boats or the docks (and there is some question that they should be able to drink on the docks) the law is written to prevent people from setting up their own private liquor clubs on commercial pror^^ty without appropriate licensing. It is the Chief's opinion that persons cannot drink on the docks. I5' r ;"r:' I; LV: fi ': ' r«. ■ ^7 ^1;U'm- I- ;‘;r I ’pt :h.i- '; i; >Er^V':' I ?''i- t V-I, -’■I" ;•■ «■ I k % 'Mi:-L'H DEVELOPMENT/MEDINA - As noted in Attachment A the City has received prelTminaries for a 29 lot subdivision on its northern border between there and Medina Morningside. Also noted is an initial response to that. It is presented to Council at this time as an informational item only. It is our understanding at this point that Medina would need to submit a Comprehensive Plan amendment at which time the City could comment on at that time. As also noted, it would require an upgrade for the number of units the City of Medina could have in the three party sewer line and may be an opportunity to provide wider service for the City of Orono's water system and a better water system situation in the City of Medina. At this time the City of Medina Planning Commission and Council have not taken any action or consideration of this matter. the attached letter anDONWOODY/SHORELIME - As noted on Individual who owns property in the vicinity has complained about what he considers the deplorable conditions of this property. The City has been attempting over the last 3 years to work with the property owner and has received various reasons for delay. Including awaiting a proposal for a redevelopment of the property. At this point one of the 4 properties owned by that individual is in the process of a Sheriff's sale and the City is working to preserve its hazardous building rights in any such sale. The reason that the old house was not removed earlier was that it was originally torn down with the expectation to be able to burn it, however, the State's PCA refused to allow it to be burned. Now it is up to the property owner to have it removed in another manner. Staff called the property owner to advise of the City's three year attempt in dealing with the property owner to bring the properties into conformance. The property owner appreciated the call and staff will adivsed that the owner was going to send a letter direct to Mr. Oberhauser advising of the conditions as noted in the attached letter. (Attachment ) DARE PROGRAM LETTER - See attached letter sent to Officer Cornick regarding the DARE program. ADMINISTRATOR'S GOAL SETTING STATUS - See attachment. FEBRUARY RECEIPTS AND DISBURSEMENTS - See attachment. WIRE TRANSFERS - See attachment. rr.' h m 0: :l;f' i:- KV V’. ' [■k. '''’ r“- W- ii*' f. W-: IH- r:. Kt :-v & - tL t;i \ ^ anoNCPIP CITY« Post Office Sox 66*Cryscai B«y. Min. On the North Shore of Lake Minnetonka Aoril 5, 1991 Lor«n Kohnen City of Medina 2252 County Road 24 Hamel, HN 55340 Re: Robert Pierce — 29 Lot Subdivision ■* Public Hearing Dear Hr. Kohnen: The City of Orono would like to thank you for the opportunity to review and comment on the above referenced subdivision application in Medina. There are several issues that vill need to be addressed by your city. The first would be a need to amend an original sewer Agreement between the Cities of Long Lake, Orono and Medina. As you may not be aware, the agreement approved sewer extensions to existing residential development and did not include or authorise sewer service to new residential subdivisions. I would suggest that you have your City Attorney review that agreement as it may nttcsssAry that aach of tha Councils of Lon^ Lake and Orono independently act to amend the agreement. The application may also need to include an amendment of yoiix Comprehensive Plan as it is staff's understanding that this property is designated as rural and that the proposed densities at a 1/2 to 3/4 of an acre would require extension of sewer. The extension of the proposed road (Elsinor) to the north line of Fasenden Forest makes good planning sense. Lot 1 of Fasenden Forest can be subdivided and a future extension of Blsiner through Fasenden Forest would provide a loop road systw to Sixth Avenue North. You may wish to consider a tempora^ wl- ^•-•Ae/tura-around at the south end of the extension of Elsinor Reed. Orono would also be happy to discuss with the City of Medina the feasibility of extending water service from existing Orono lines to the south at Willow Drive. -etymt IISTXAllOe a f1NA.NC£ • 47S.73Si cuc*<m4iw PUBLIC WOSSS-m>739» V fc 1^1 It**'*^ —^ i-:* i- I is- L ^ f'/ fsts ; > li ^ ••• •,';A ^ •*.•'** *' s» .•' *• 5s- f- L-*r- • s • • ■ L > ' 'v^ t.- April 8, 1991 Dear City Council of Orono: I don't generally complain to ^^vernment People. This has been a problem for me for months and I cant keep quiet any longer. IS THERE ANYTHING YOU CAN DO TO GET THE MESS CLEANED UP AT THE HOUSES AT THE CORNER OF SHORELINE DRIVE AND DUNWOODY? That area is giving the communities of Spring Park, Navarre, Orcno and Mound a dirty influence. One of the houses has been torn down, and the pile of waste debris being added to on weekends and nites with mat-^ resses and junk. I have seen rats in the mess. The other houses are a mess. As the city council, can you please help? I rent apartments near the area and my tenants have to drive past the area of junk to get to their homes. It makes the area look like HARLEM, NEW YORK. This is terrible and needs to be corrected!! PLEASE HELP?!11 CC: Sailor News Tom LaVoie 854-0711 t' t-" '•-: fv '}■''t. '1, fl. *.rV Anr1l 9, 1991 14G0 Pralrleland Avenue Manle Plain, Minnesota 55359 Mr. Jin Cornick Orono Police Oeoartnent 445 Millow Drive Lonq Lake, Minnesota 55356 Dear Officer Cornick: I an v/ritino to tell vou hov/ nuch we en^overf tke nrariuatici held on March 22, 1991 at the Orcno !Moh School, '^ur daunhter, Stenhanie, snoke so h^nhlv of voti and vour teachina of D.A,''.C, ^he enjoyed the prooran verv much and looked forvard to her v/eeklv tine v/ith vou In the class, './e feel this n ' .ran is verv pertinent to the life 0^ each student involved and we thank vmi ^or vour interest in tho O.A.R.E. prooran. Attached vou will find # copv of a letter I sent to *’r. '!elso-» renardinp sone concern*; I have in hetterino the ornnran, T talked with you one day at the school reoardinn sone of the sane concerns. If i/e can be of any help to you in tryinn to further the bettement o* n.A.R.E. at Orono olease feel free to contact us. I have heard of seve students who v/ere disannointed that thev were not able to receive tne D.A.R.E. t-shirts. I\, is nv understandino of the propran that if a student completes the full 17 weeks as stated by RCA that they would receive a State of Minnesota certificate at the qraduation with the state seal and also a O.A.R.E t-shirt. Mill there be some provisions for this in the future so that our district will be fulfilling the obligations as set forth by BCA? Again, thank you for teachinq O.A.R.E. nrooran. It nav nake a difference in some life and that will make It worth it all. Thanks for vour support and feel free to contact us. Sincerely, Bobbi McCoy r- Anrll 9. 19911460 Pra^rielanrf /'venue Maple Plain, ’Minnesota 55359 ♦Y. Warren Nelson Orono Middle School 635 North Old Crystal Rav Poad Lo^■* Lake, Minnesota 55356 Oe*r Mr, Nelson: K vou recall, I had a 'hone conversation with vnj 1n March reoardinn the D.A.R.E, program at Orono, and some concerns I had v/Uh the oroanlzat^on *.nd scheduling of the prooratn. My husband and I attended the D.A.R.E, oraduatlon on ^'v'ch 22, POl, and were very pleased with the cere»^ony. Our dauohte*, Stephanie, just completed the program and really enjoyed the class. She v/eek1y talked about the class and was really Impressed with Officer Ji- Cornick, who was the teacher. We would like to commend Mr, Cornick for the excellent Job he did with the students and for the response he got from them. In our phone conversation, I was concerned about the number of parents who would be unable to attend an afternoon oraduatlon ceremony. At the graduation, I counted 35-40 parents In attendance, when there could have been over 400 If the cerenonv was held In the evening, I feel our district should consider having the graduation In the evening so more parent? would be able to attend this Important event for their child. If a student was reewired to be In attendance Just like they are for a band concert, choir concert, or athletic event; I feel they would be there. There could be an award of plus points for their attendau'.? or a consequence of minus points If absent. That seems to be a working concept towards Cans day. I am very much In support of tills program and I feel the parents need to be better informed of the D.A.P.E, program and what our children have been taught. It Is my understanding of the orogran, that there should be an information night with the parents early In the program, during week 3 or 4, tellinn them what D.A.R.E, Is all a^out and what their children are Uirninn. This Information night was not conducted this year and would have teen helpful for us. Mv other congprn Is, that accordino to the D.A.R.E, program as originated the Los Y rt’ias Police Departmen: w’.o hold the copyright, that the jctual cerf.V, nation Is not complete unless a student has finished a 17 week prooran. Officers are taught at the D.A.R.E, two week training program bv the I *eau of Criminal Annrehenslon, that 17 weeks are reoulred to complete 100% of the progrom, Orono has onlv allowed 11 weeks to he tauoht to the students, thus leaving out mater. 1 that should be taught. I would like to see our district teach the full 17 weeks In order to meet the requirements set forth In the conyrioht by the Los Angeles Police Department. 'V &v{~ # r -- M Paqe 2 I want to comnend the Orono district for allovMnn the D.A.R.E, proqratn to be tauqht to our students. As an Orono graduate, I am very concerned about our school and feel this 1$ a worthv pronram for each student who attends Orono. As a concerned oarent, I feel our children should be taught the full 17 week program. Please feel free to contact me If you have anv further Questions. I will be waiting for your reply to my concerns, and trust that some serious considerations will be given to further the betterment of D.A.R.E, at Orono. sincerely. Bobbi HcCoy cc: Mr, Tom Mich Mr, Jim Cornick Pi* ■■ , V'.- '-■ yjk.: i;te [>v^'- QQM. SErrnc fl SB - IM?OMKtiW Obiaeti«B - iMi - IMS Cbjaetii Cfejaeti'max 8. OBMnnsoM cm AoaNisiiiMcxt 1 my LMO - 30 tfm. I99i Draft 05>*30/90 IteTised Oi/29/W 07/11/90 09/07/90 09/20/90 lO/lQ/90 11/30/90 12/31/90 01/31/91 02/28/91 04/12/91 OOM. AH»cBJBcrrvE DATES STATUS 1. oomran oewLORBir A. Bioiiway 12 1. utilities Sewer - Part 1 Install 09/01/89 Oaipleted 1/30/90 exoept for testino/gradioq 7/9/90 0193908 sero'rate contractor to oonplete Accessed Park Z 4/90 Setter - Part II mter Systm min Install Install 07/01/90 1/22/90 Feasibility Study to Ocono Plant Ordtired - 4/1/90 - Feasibility study received 09/01/09 Project Ordered 7/24/89 Ooaeeooad Construction 10/27/89 4 11/13/89 Ccspleted 12/15/89 (See Sewer Pt I) Assessed Part I 9/24/90 Hell (6 Months) Main Hell 04/01/90 12/30/90 Avj. Cleaning and Test Piaping B/10/90 Bld9/Pui|> Bids Close 7/13/90 Revised contract 9/10/90 Additional worli on wall oonpletad 10/90 Piap house aonstructlan/1/91 exterior oaefiletion. All but pia^> controls instaUed. Tower (9-12 sonths) Plans Specs - Order Avard 07/01/90 2/12 Authorised Plois/Specs Awaiting location decision Negotlatioi on utilities (Long lake - Medina) water disouasion 10/25/89 with Medina - Medina to neat with affected residents 1/90 to discuss (Potential new sdidlvisian in Medina nay have an impact cn project.) ♦ , ' f V* ■■ u ’ * ■. ^ *3 y- '•V- :?. w- 1 [ rv ^ ■ AIBA QCM. MCA GBJECnVE dates 1. QQIHKITy oeviLOPfefr Osntinued *88 STO 2. Lang Term Corridor Upgrade ‘89 STO ‘90 STO Feasibillt/ Study ?»iDOT initiation or 09/01/89 07/07/B9 Undertake corridor selection study with f-kiDOT consultant & surrounding cities 02/90 Take appropriate planning steps if needed in potential oorridors 12/90 Consider Transportaticn Consultant 7/90 ‘90 SIO 3. 1992 Safety In%>roveiient Preliminary plan approval Enoourage stoplight Wiilow/12 07/90 Adopt if a(]propriate Mxk with IMOT cn right-of-way/frontage roads 12/90 STA1TS 6/30/89«AMaiting Response from ^f8X)t Central Office on Consultant Delayed intil at least 11/30/89 Governor's Transporation Safety l!tg 10/28/89 il/15/89 OonnissiGner Levine announces consultant/TWXTT corridor selection study Howard Needles selected as oonsultant May & Jim meetings delayed to July July Btgs oonsultant layout initial work plat. Cni|>letion of study targeted for 1/91. Orono objectives si8)mitted 9/20/90 Vtorkslop held 12/1/90 Secord workshop 1/23/91 Directed Planning Oosn review reooaaendation of issues to date. 1/25/91 Planning OoBBissicn develops reoolanendation/3 ntg 2/27/91. 3/20/91 Planning Oosnission adopts reoDonendation 3/25/91 Coiaicil adopts Planning Cxanission recDfOBendaticn 5/14/90 Discussed engageant of possible consultant to study. 6/25/90 Authorized request for service 9/10/90 Directed use of Dahlgren Shardlow a Uban 7/01/90 5/15/90 Anticipate signal warrant analysis to be oanpleted by 5/30. Onsicil authorized 6/25 in Resoluticn. Indication is that it will meet warrants by 1992 date. 6/25/90 Adopt approval resolution for safety iaprovament contingent on their installation Anticipate bid award 1992. Actual construction 1993 in order to install li^ts in oonjinction with project. Staff ntg with mxjT rei Plan 2/91 .1 'V r“-*. ■V •• , T h , • * • " IS; M ast OQM. AFCA 1. OOMOim OEVELOneir ContlntMd •m 91D ••9 STO B. HmrE* RedevelopMftt •90 S90 C. OoHMiity Transpoctation Plan 90 910 '90 am D. OEMUty Road 116 ••7 910 «1B 910 *•9 910 B. Stoni Water Manageaent Plan V ' , . . CBJECnVE DATES Determine project scope/ directlcn 08/01/89 Determine beeutificaticn plan liqplefnentation if nay Oaii|>lete M&ster Planning, if appropriate 12/90 07/91 Determine need for Tax Increment District Determine interest in Christnuts lighting 09/90 Update capital project guidelines 07/90 Bridge bcxviing program 07/90 Pii>lic/I^ivate street - review 09/90 policy Preliminary plan review Monitor action by Ocxxity as to its proposed construction Ascertain available mapping Develop RPP for study if appropriate STATIS 3/12/90 Tabled for additional inforaaticn 4/7/90 Discussed possible inclusicxi in a long term Osn|) Plan 8/27/90 Present information relative to issue 2/27/91 OronoAiayrata/Plynouth discussion of North Ferndale. Old Crystal Bay Boad bridge submitted for staff review 10/90. Subadtted to State 10/90 10/22/90 CDuncil authorizes City takeover of Lafayette Ridge. 1/28/91 Couicil converts Wear Ui to public street. 12/4/90 !Mina approved final plans/grants its existing easements. 1/3/91 Medina Council resinds action. 1/27/91 County deletes 116 from plan. Included in Review of Storm Mater Options Tb Council foe 2/11/91 mtg. Table to 3/U/91 mtg. W-ifc ivi;?-. tvVtpi- ^ top-, if^lvM^ ■ V !Bt 1. OG ooM. uen rt DBVBflMMr CantilUMd *90 sn OBJECTIVE UTES G. CoMHinity PewlnpMnt Ditection and Ptogcess A.) Lake Use - UCD aaa(>rehen8ive plan 01/91 - Develcp City specific objectives 06/90 B.: Hork tOMerds secvloe and results oriented “No Surprises'* prooess C.) Ccai(> Plan Response to Metro Council 10/90 - Tranaportatlai 0.) ONR Shoreland Regulatioi 07/91 STATUS 6/28 «id 7/12 discussed City oaoibits of public review draft with UCS's Advisory 8/24/90 Reoelved revised draft. *00 dlsaiss 9A0/9O. 9/26/90 UCD Board to vote cn plan 9/26/90 tlO) adopts a portloi tables balance to 10/24/90 10/24/90 IMS adopts plan with mmnOmmta 12/10/90 Council adopts sans resolution as 7 other cities. 1/15/91 Metro Council staff reocHMnds 6 no. susporoion* 1/22/91 Metro Council Systens OoMiittee gives ‘Contingent Approval*. 1/23/91 UO grants 3 no. hold. 2/22/91 Group of 8 ntg sets ntg foe 3/6/91 3/6/91 IMD/Cltles - Qstceptual agreenent 4/S issues to sat staff drafting nsetlng. 1/90 Metro Council grants extenslot 2/15 h 23/90 staff reviews issues 9/24/90 Minlnal changes to Planning Gcanilssion 11/26/90 Ctsg>rehenslve Plan 13 directed for stimisaicn. 12/90 Developed work plan/star tad initial steps. 1/91 Staff develops Initial Draft to Include update of floodplain regs. 2/U/91 Coiatcll appeow^ shoreland grant resolutloi Awaiting revised joint DMl grant Cor tMD Itles. i i : W'.: w- pa 'v #• rR»v, IK.' AIBA QOM. ABBA OBJECTIVE DATES 2. EtmJOtimOL PROlBCriON *90 A. Stubbs Bay Determine assessment <irea interest 07/90 Digage an appraiser 08/90 Ccnsider development moratoriiin 10/90 If Appropriate • Prepare fc Spec if icat ions Project bid - Assess project - Hold Hearing if - Order project • Bond for project - Oomoenoe project - Qcsqplete project 10/90 12/90 appropriate 01/91 02/91 03/91 04/91 10/91 §9 STO B« Solid Haste Management Review recycling efforts 06/90 Determine if further solid %Aste regulation appropriate 12/90 Review organized oollection if needed 09/90 Review program performance Rebid contract for curbside 10/90 10/90 ;p'i- Is- 0'0 l$w- . . . Review incentives to inprove participation 02/91 STATUS 7/31/90 letters sent to area owners 9/24/90 Response limited. 1b use interested neighbors to assist. 1/22/91 i^itiotal information transmitted to Ad aoc group. 3/25/91 - 4/B/91 Cne cesiden' request "grace period.* 3/26/90 Compost plan adopted 8/90 propos^ chipper in 1991 budget 10/90 Staff determines not needed for 1991. 10/90 Contract reviewed in process thru West Hennepin Recycling 12/14/90 Received bids for 1991. 1/14/91 Contract awarded to Polka Dot. 2/91 1990 performance 2Bt /90 goal - lOt /91 goal - 16% No incentives needed for 1991 C. Hskio Haste Replaonent Project completion 10/01/89 Delayed to at least 12/31/89 Expect 1/31/90 coi^letian Lift Statiot 10/Lift Station 43 ReplacoMnt Coepletio)07/90 Bid wardad 6/10 for work ooeftletion - Oo mMncad work 7/10 after Bond ocapany Oompl^ 10/1/90 . .<aVLJ Am GOAL Am GBJECnVE OKIES STATUS 3. OGANIMnONAL D^JOJOSmn •90 STO A. 1991 Council Ckjal Setting Carmen ce Conplete 07/90 09/90 6/25/90 - Suggestioi to Council foe *91 U/9/90 Council directs tabling to 1991. 12/21/90 Tranaiitted Strategic lamie Develo|iient 1/91 Discussing with Council 2/25/91 Draft of plan presented tabled to 3/U/91 3/U/91 Tabled to 3/25 3/25/91 No action B, 1991 Budget Process Assessment Board of Review Preliminary Budget guidelines Capital projects guidelines review 05/90 07/90 08/90 Oonpleted 5/3/90 Presented Initial Guidelines 7/31/90 Initial revised plan 1990-2000 Preliminary mill levy adoption (Truth in Taxation) Hearing 09/01/90 Adopted Initial levy B/27/90 12/90 12/3/90 Held hearing/oontinued hearing to 12/18/90 12/18/90 Adopted Budget/Levy Resolution Final levy adoption •90 STO C. 1991 LegisUcive Plan D. Team Building staff Ooincil 12/20/90 12/18/90 Adopted 09/11/90 2/25/91 Adepted 12/90 .• m < * iK* i. i ■Sh. 9MA GOAL AICA OBJECTIVE DATES 4. *90 BIO h. Facilities upgrade Coaplete Citizen Reviei# Gooaittee 07/90 If undertaken Site acquisltioor if any 2j-V/- architect Design Final plans/oosts PI ans/spec i f i ca t i cns Financing aid awards *§7 810 *M 810 •90 810 a. Ldig Range Financial Policy Develop balance of policy 09/90 C. Business Strategy Plans Police * Update Golf Course -09/01/90 iwl '. ' 5TATOS 6/29/S9 Bus tour of facilities (^tinq 8«t for U/8/89 11/8/89 Htg directed developMnt of tlae guidelines to Oouncil U/27/89 project estiaates/finsneing to Oouncil 12/11/89 1/28/91 Discussed Issues/^pcoeting workshop tabled to 2/11 2/25/91 Set facility workshop for 3/27/91 3/27/91 Oouncil requests site reoosaendatlon tzom Facility CoHittee and Planning Oomisslon 8/22/90 Oouncil/Tacilities Ooonittes atg. 9/24/90 Established 10/22 for site discussion 10/22/90 Site discussion. Oouncil directs workshop on all information be held. 9/90 Five year financial projection aoi(>leted in conjunction with facility review for 10/22/90. PtJr ^ Mn QCAL fXA cajEcnvE DMSS STATUS4. soma DQ«rVBOf CcntlnueaD. Strvioo R^iews•90 STO Oi9ineerin9 services oonplete 08/90 •90 S10 Legal services ooeplete 09/90 9.M RESOOROS •90 m nsaticn Inplenent Qiployee Recognition Fonsulate City esployee develofinent Eiploce performance incentive program Explore ^Cafeteria tenefitsV IBS Section I2S Plan 01/90 06/90 07/90 07/90 i. iMRmc Uralectak* LO30 aontest first/cloM 4/6/90 11/90 OonnlttM selects winning design. l/B/90 Presented oonceptual discussion to Oouncil B/27/90 Presented lnfan«itian to Oouncil. Tabled to 9/10 9/10/90 Award bo Safe Benefits to develop for 1/1/91 11/13/90 Adopted plan U/29/90 G^>loyee Introductory neetlngs held with 12/3>4/90 slgn-vp Matings. 12/90 In place to 1991. 1/14/91 Adopted Personnel ibilea altaratlcn in vacation areas 1/28/91 Adopted updated policy i ./j f n- CITY OP OPOVO SCmMAliy OP RECEIPTS, DXSBOESirMEItTS BALANCES POE THE TNO NOMTBS ENDED PEBRUABY 2B, 1991 BBCJVMXliC 1/1/91 ENDINC 2/26/91 XNVBSniBICT BAXJOICB CASH BALAMCS 1/1/91 BBCBXPTS TOTAL BUDGET (C) 1991 TBAN8P IN INVEST SOLO DI8BUR TOTAL BUDGET (Cl 1991 % OP BUDGET TRANSF OUT INVEST PORCt! CASB BALANCE XNVBST 2/26/91 BALANCE Goboeb I 842,402 209,943(b) 3,040,260 400.2833,040,240 15.6%592,162 fBEka 149,395 1,396 44,000 0 11,100 0.0%170,793 ‘ 1^.CDGB 0 0 •0 -0 ,f«i, Omtltf 221,445 1,424 84,100 16.993 €1.350 27.7%204,098 '<■t,, Ci, 0«Uy 2 ,212,172 10,443 149,640 3,509 102,490 3.4%2,227,326 f . MM M At, 0MB (1,2531 0 540«000 107 540.000 .0%(1,3401 ' , i-':Nor Bf BBT 717.334 7,215 62,030 991 17,680 5.4%72^,560 Md M-76 454,440 4,404 24,200 154.500 154,730 99.9%304,546 tap B bn 4 80 481,780 15,427 103,200 93,931 110,540 85.0%403,276 lap B mi4 82 130,844 1,181 17,000 31,987 36,380 63.3%100,050 ^ ‘lap aoBd 85 144,438 I0r401 89,740 677 102,410 0.7%154,542 IHtBE Op 105,491 944 191,950 23,769 194,310 12.2%82,864 Motor Com 89 494,202 4,215 15,000 111,401 552.400 20.2%589,014 wBtov Dobt 89 251,434 2,147 133,540 37,070 : lO 47.2%214,733 •oMr Op 742,72'’128,477 500,310 55,735 2S: MO 22.0%635,449 f-r '. *>■ • Bower Com 89 401,904 5,410 13,!' .0 30,784 555,800 5.5%574,532 !Bowor Oopt 89 221,188 1,901 216,780 34,205 76,440 47.2%184,084V•olf Cooroo Op fMlod lag 31,845 271 124.430 (B)9,854 107,400(el 9.2%22,262 trust rood 7,800,14917 ,880,145144,147 0 2,780,3)3 44,147 2,204,190(7,304,003) ( : . * ' * ; '-i' fonu 7,880,145 184,549 480,232 5,415,400 0 2,7B0,.'»121,151,943 0 37,471,230 00,980 fOfOU LBT TB Ml.OM 711,140 4,157.790 0 •MMMMMM MMMfl 4.917,534 MM 1.169,5854.271,050 0 4,5^5,817 174 3^. mmmmmmmmm immmmmmmmmm •» ■■■• mm mrnmmmmmmmmmm 11fl•i7,B42«660 PEW tONMABY * 19<B1| TOTAL 1991 CASB S INVESTMENT YO 2/26/91 17,392,983 % OP V- 0mm-'.. BBVBBOl BIIDGBT BUDGET tUM 0 1,457,240 0.0* LiBMMi • r«mt8 14,027 123,300 11.4% SatMfM. IMMM 33,531 180,700 18.4% Cm Mrr 157,147 770,500 20.4% 9imm 5,537 118,150 4.7% iMt. M ISVtM.9,482 53,300 17.8% tfM. fr Otkar fiutA*0 120,370 Otter 3,)M 1».700 13.8% COTAL WOT 323.050 1.040,3«0 7.31 (b)11f!•NOTE (•) Golf opBritinT fund budget doet not includo anountB for purchBSBB for roeale or silee tex colleetod/ronitted. Tho rocoipte budget projoets groBB profit - not totBl ro^iptB. NOTE (b) GonorBl fund rBNonuBB recorded will not equel recelpte collected due to recelveblee billed in other Accounting periods end nonTBvenue receipts. NOTE (c) Budget BBOunts include scheduled trsnsfers, do not include fund bslsnce uses or sdditions. pSf"-f-r Ei: ’•^ •- H:- •i >• i h / '-• -=. [■ t f: :V V- - :, ;: --v:i.. m V. t|;: U^‘X^r ^-, m^ri, . pv- m^>: W'- ’■ii : iiiajA 12690.1(61)CITY or OROHOlaVBSTMBMT TMHSACTIOIIS - BI^TTROHIC HIM! TRAMSFERS HARCB 5, 1991 TO APRIL IS, 1991 MTB TRANSFER FOR FROM TO AMOUNT 03/13/91 Proe««dt rcial Paper Mat*. t FNMA and RapurCk. senent Purebaaad Marquette Bank 1st Bank Lakes $ 949,605.56 03/13/91 Puccbaaad Repurchase Apreeaent 1st Bank Lakes NorweSt (400,000.00) 03/13/91 Purchased CoMtercial Paper 1st Dank Lakes Dain Bosworth (472,667.28) 03/14/91 Proceeds Croa Repurchase Apreeaent Matured NorweSt 1st Bank Lakes 400,063.89 03/14/91 Purchased Fed Boae Loan Bank Bonds 1st Bank Lakes Norwest (400,062.50) 03/27/91 Proceeds Cron Repurchase Agraeaent Matured Marquette Bank 1st Bank Lakes 300,676.67 03/20/91 Interest on Certificate of Deposit Marquette Bank 1st Bank Lakes 4,322,50 04/10/91 Coaaercial Paper Purchased, Net of coaaercial Paper Matured 1st Dank Lakes Lain Bosworth 0 24,626.66) 04/1S/91 Interest on Certificate of Deposit Marquette Bank 1st Bank Lakes 4,093.58 04/1S/91 Proceeds froa Cert 'Icate of Dain Bosworth 1st Bank Lakes 104,250.00 Dtpotlt Matured ■! ■| 1 \f►.V J'-'H m FI v« Si; IkPFtr • Si-Arir ►4'' 1 ,'.'V rifl % LIST OP LICSNSSS FOR COUNCIL APPROV«/^i «5jr FOR MEETING OF April 22. 1991 <?i! % Solicitors License - Christine M. Herlofsky Sell: Live flowers, plants & cut flowers 0 2120 West Wayzata Boulevard Home Occupation License: Dale Pfeilsticker Annual Review 1830 Lakeview Terrace Garbage & Refuse Collectors -R i W Roll-Off Services Inc 5525 County Road 50 Carver MN 55315 • • • • I^ • k-' 1^: f I I rr. r:' % i» •. f ■■ I'. »/. I j-, i-- :l^•I tf ?'tfe. application for solicitation or transient mbrcbant license $20.00 CITY OF ORONO 1335 BROWN ROAD SOOTH P.O. BOX 66 CRYSTAL BAY, HN 55323 i7 , . ^*AVi .X • l\ > • • • • l\V>V to« ' • Check On«i Business Solicitation Cont^bution Solicitation Organisation: Address: — Transient Merchant T :;2/ ."i *.* j.;3 •j•u ,Vi * v'V -r.* X V » V V Phone ■ to • to ' ^ to» i kto* ' M h ito X J -iV . W ..Vi .\sf«i*’ f*n T*/ > • VV •.*\ < ♦ < s vT * — *4 III. • 4W*.* street Representative: /H- Address: X/ .r/)o/a^. 4Lt. city/state zip street Number of Persons Solicitating within City '■/ Phone V 7 7 * ^^/ 7 7 /7?aj city/state o~ vj* ?<.■? *lP I Provide list of Names of Solicitors/Transient Merchants on back of this application. __ Type of Product to be solicited 1 “ ^liAn4s hlo^L>et<^S Transient Merchant's Location tS.y^C) **Attach letter from property owner givi ORONO MnllCZPAL CODR RRGOLATIONS OH SOLICXTORS/TRANSIBNT MBRCHANTS A. Prohibited solicitation Practices, it is unlawful for any solicitor to: 1* engage in solicitation for any unlawful business or organizational purpose or activity, 2. practice harassment, nuisance, theft, deceit, or menacing, troublesome or otherwise unlawful activities during the course of solicitation, w 3. enter, or attempt to gain entrance, to residential premises displaying at such entrance a sign with the words "Peddlers and Solleitors Prohibited" or Solicitors Prohibited", 4. refuse to leave business premises when requested by the owner, leasee, or person in charge thereof and/or 5. cause or likely to cause, a traffic hazard or other inconvenience or danger to persona or property. B. It is unlawful for any person to engage In contribution solicitation, business solicitation or transient merchant activities without completion of licensing or registration. C. Transient merchant activities can only be conducted on commercially soned properties. D* A transient merchant can only be licensed for a maximum of 10 da/s per year. B. A contribution solicitation license shall expire 60 days after approval. The undersigned hereby agrees to the conditions quoted above from the Orono Municipal Code and any additional, requl^agents^tbe City staff may have •Ignmture of Applicant Date: / following: »Tt After review of application, staff recommends the Approval of application Denial of application Signature of City official: — Signature of Police Chief: Date:- - - - - - rh s Interoffice Memo Date: April 16, 1991 To: Mark Bemhardson. City Administrator From: Mel Kilbo, Chief of Police Ra: Solicitation Application % li I I -j\ & (7Tyy OF OROHO Application Date: April P.O. Box 66f 1335 So Brown Rd Date License Approved:^,, ■;!? - - Crystal Bay, MN 55323 Date License Expires: APPLICATION POR ANNUAL POME OCCUPATION LICENSE Initial Review Fee -^550*00Annual Review Fee - $30.00 NAME* Pfeilsticker ADDRESSt IQjO Lakeviev; Terrace PHONE: 475-1441 CITY • f.nnrr No. of Employees within operation:_ _\- - Provide list of names of employees on back of this application. Type of Business to be operated:engine nachln-. shop-mail order and- - for dealers. T.4 Bsy Im revoked If any ▼lolation occurs. City staff shall have txTe (5) bnslmess days in which to investigate and make a reeoraend^ion pursuant to Orono Municipal Code Section 5.02 s 5.03. If a site inspec^m is raqulred by City staff* the review time will be extended to tM (lOl business days. The license application with staff reconsndation will M sehsdulsd before the Council at the next regularly scheduled meeting Held on the second and fourth Monday of each month. ORONO MUNICIPAL CODB REGULATIONS ON BOMB OCCUPATIONS PURSUANT TO SECTION 10.20* SUBDIVISION 4 (C) / T/y/?.r rr^i^ n;i^E Cfhs lU J. ."Vi JIM ,It ia unlawful for any business operating as a home^.^cup^tion^^^ engage in operation without proper licenses. rW Prohibited Borne Occupation Practices. 1. 2. 3. All persons engaged in the business must reside in the dwellings No commercial signs permitted other than signs permitted in the residential zone. 4. 5. 6. No excessive stock in trade may be stored on the premises. Over the counter retail sales is not allowed. Entrance to the home occupation must be gained from within, the atructore. 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:^April 16, 1991 POR CITT USB ONLTt After reviei^of application, staff recommends the followingt /V i^proval of License ____ Denial of License Date: ^ — Date: •v: 'Cxn OF OROHO p.o. Box 66 Crystal Bay# MN 55323 473-7357 License Year to 5-3-l-Q2« Date Received j Fe6 Paic3 (^C * _ Init^ garbage & REPOSE COLLECTOR'S LICENSE APPLICATION Th. und.r.lgn.d wishesherewith nakes application for a license to j g Buain#aa/»ii» » « w goll-Off - - - - - - - - - - -T^tl .* jS25 rountT k~ 50 Ca';«er . MN_ -----SiLU (Streer } BiuiijiMS Phone Ember 448-7833 _ (City) 3 3 J 1 - (State) (Zip Code) Applicant ’s Base Russell W. Leistiko, President , Mdreaa -----------(State) (Zip Code) Phone Ember Check One: i:a« • •• ■—*• Individual Partnership Corporation lv\*v* • m a. . tfV Number of Vehicles to be used in Orono « • •i w-' m "-'r-:V;a Lv ^ V < » :'t - JI-. Deaetiption of Vehicles (attached list if more): Hfor. c“»‘gt. Wt. Size/X.1^ License Wum^ - k 19S0 Mack .A^aQOH •^A non Csn C3rry vvoa'^tol(K:0>30.^re-YD CLi- . - - - 1Q8Q Mack Aft non •^A nno 10. I^L-ilUUQ_ID-CXE- - General area of City served i ASchedule of Collection charges/ dates in*' /e./seio«T1|^t1"" t.Tee mate k y ef A ^ « S» 4 WWai a 1 I- size & weight of load __ _ _ _ Kn«r»c» »« r»w«nApproximate Location of dmping area Dem-con, _ _ _ _ _ _ ™* FOLLOW*. xed load but chargesanBroxlmate number of customers i We do not do residential pick up Honnsanin CountV XE C '"AnnullTeTlsi 55S?iS mt rW.^®:?fVl-. - --- - - - - - - -—-- - -* ."‘"rrr_ _ _t Mid an license fees i >- 5/- Dat t-i WOd CXTT OSB OELTi A Anoroval •:r 5>* A ABprovax , _ _ _ _ _ _ _ l^ter reviW of application, Denial Other (specify) ,gnatttre /P- ?/ Date ■•I V. r.I: t ifi I. .’ . . - ? N%.:p / 7 04/14/91 PR CB PRREGOR EMP • NAME OPT 471684040 S0S862439 474$8333B471S40871 47S443862 472S03991 47172928146BS28028 468821018 472929007 488701888 507589424 469686562 461420832 474667812 475380151 477500666 475444249 471569863 477647279 475246099 504260307 472500574 121262417 476018974 470667594 334506281 474822333 477028779 468909535 476783251 470700901469848107 475382983 473746173 476447153 469629194 475969177 472563051 474663296 470704904 47S505292 468629488 307809189 500403192 477881539 ANDERSON. 6RUCE L 8ERNHARDSON. HARK E BOBZIEN. SUE A 80SMA. JAMIE L 8RINKHAUS. JOHN F CNESWICK. GARY 8 CHRISTIANSON. SALLY CORNXCK, JAMES L ENGLISH III. IRVING ERICKSON. KURT R FISCHENXCH. DAN T FRXTZLER. JOHN M GAFFRON, MICHAEL P GERHARDSON. JOHN R GREGORY, JAMES 0 HALLIN. DOROTHY H HANSEN. STEVEN C HANSING. CAROL J JOHNSON, BRADLEY 9 KARNITZ, RICKY D KILBO, MELVIN H KNUTSON. CHARLOTTE A KUEHN. THOMAS M MABUSTH, JEANNE A MILLS JR. WALTER H MORAN. MARK F MOROWCZYNSKI, JAMES NAAB. THERESA L NELS6n. DAVID D 06ERAIGNER. SCOTT Q OBRIEN. RANDY L OMAN. LYLE E PALMER. GREGORY A QUAST. WAYNE A RATHBUN, BARRY J ROBERTS. TIMOTHY W SKREEN. DALE S STEFFENHAGEN. RONALD THOMTON. MARK R TOMCHECK, LAWRENCE F TOMCZYK. MARK W VANG. BRUCE L VEE. LINDA S WALSH. KEVIN L WALTERS. LINDA G WECKMAN, STEPHEN J YTD GROSS CURRENT GROSS 31 13145.20 1825.60 12 19170.88 2571.36 31 7647 63 958.72 12 4029 66 644.56 42 12147.94 1522.89 31 12800 00 1600.00 31 1512.67 214.09 31 13113.03 1498.26 31 12946 35 1511.21 31 11476.47 1461.30 31 11854.14 1341.44 31 12084.96 1536.00 33 11105.80 1392.22 42 14603.74 1830.71 42 10520.40 1128.80 12 9566.63 1199 28 42 8936.41 1021.22 31 4337.94 519.54 31 12708.89 1540.53 31 3430.53 482.02 31 17092.20 2150.48 IS 7647.64 958.72 15 16278.34 2C'* 08 33 14579.95 1743.51 93 47 25 47.25 31 12300.80 1537.60 31 12271.41 1408.48 12 7647.65 958.72 35 790.90 143.21 42 7726.86 870.07 92 8838.74 998.40 33 11340.16 1392.24 42 7776.34 1033.23 92 10956.38 1226.48 92 9148.48 1177.15 31 8218.24 911.94 42 9099.08 1110.81 93 9979 87 1200.96 31 11550.89 1381.68 31 12663.94 1865.26 31 11409 56 1408.48 33 9088 02 1139.28 12 6500.87 814.96 35 1801 21 187.47 15 9101.48 1056.32 33 6880.77 945.12 55.522.65 • *• .• • *!• IMl CITY CIKCK MO HCII37 NCim Ncini NCtMO HCIi40 NCIS40 N04t40 NCIMO NCIt40 ••40 NC4441 HC4442 •••••a > NC444i Ml. iW•?*? Mr:-"'/; NC444T I*. fev-'V V or otoNO OATS 04/04/tl 04/04/«l 04/04/41 04/04/4104/04/01 04/04/41 04/04/41 04/04/41 04/04/41 04/04/41 04/04/41 04/04/41 04/04/41 04/04/41 04/04/tl 04/04/41 04/04/41 04/04/4104/04/41 04/04/41 04/04/41 04/04>41 04/04/41 04/04/41 04/04/41 04/04/41 04/04/41 04/04/41 04/04/41 04/04/41 04/04/41 1/04/1 14S.00 14S.00 • 200.00 200.00 • 210.60 210.60 • 41S271 SI 130 32 460 22 703 112161 II 2.443 01 S4 22 SI 61 12 30 44 5$ 13 03 31 31. SO 31.SO • 100.00 100.00 * II 436 214 SI 120 24 440 17 644 42 134 II 2,472 3S S4 .04 .17 .16 .01 .11 .62 .22 .77 .16 .03 7S * 13S.00 13S.00 * 1.4I7.S4 141.SI 2.136.0$ > S21.40 S21.40 • MN BOOKSTORe QOVT TRAIN HENN C'Y 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL WAYZATA LAKE CTY CHAP 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL 1ST NATL BUS EO SAFE 6ENEF SAFE BENEF LHC HOUSING ITEM DESCRIPTION SET STATUES CLASS KILBO MAPS FICA 3/3 FICA 3/3 FICA 3/3 FICA 3/3 FICA 3/3 FICA 3/3 FICA 3/3 FICA 3/3 FICA 3/3 FICA 3/3 FICA 3/3 Lie TABS SEMINAR OMAN FICA FICA FICA FICA FICA FICA FICA FICA FICA FICA FICA FICA 3/17 3/17 3/17 3/17 3/17 3/17 3/17 3/17 3/17 3/17 3/17 3/17 CLASS APRIL FEE APRIL FEE CONF ACCOUNT NO INV 01-4240-034-12 01-43S6-129-31 01-4210-059-14 01-414201-4142 01-4142 01-4142 01-4142 01-4142 01-4142 01-4142 72- 4142 73- 4142 74- 4142 034-12 069-15 111-31 115-31 -121-31 174-33 115-35 249-42 549-91 569-92 590-93 01-4393-129-31 01-4356-174-33 01-4142 01-4142 01-4142 01-4142 01-4142 01-4142 01-4142 01-4142 01-4142 72- 4142 73- 4142 74- 4142 020-11 >035-12 •C«# IS Ll 31 ■LL5-31 121-31 174-33 115-35 -249-42 549-91 569-92 590-93 01-4356-069-15 01-1050-000-00 01-4306-299-72 01-4356-020-11 03-31-91 PAQE . I P 0 6 MESSAGE MANUAL 1 MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL •••-CKS MAN’iAl MANOmi. MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL •■•-CKS ■5?itti cm or otONo CHECK REGISTER CNECK NO.DATE AMOUNT VENDOR NCtt4t 04/04/91 75.0075.00 •GOVT TRAIN Ncmo 04/04/01 900.00 900.00 ■POSTMASTER • •' 1.751.24 205.32 307.99 179.06 FUND 01 TOTAL FUND 72 TOTAL FUND 73 TOTAL FUND 74 TOTAL 9.447.61 TOTAL ITEM DESCRIPTION 03'31’91 PAGE 2 ACCOUNT NO. INV. • P.O • MESSAGE Sv-' ■ .. . ■ ' A ■ ■ m-: ' {.. GAPrRON CONF POSTAGE 01-4356-174<33 01-1262-000-00 MANUAL MANUAL GENERAL FUND WATER OPERATING FUND SEWER OPERATING FUND GOLF COURSE OPERATING FD •••-CKS I • '/.i '--■•to If: Ittl CITY OF ORONO CHECK REGISTER CHECK NO.DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV 11200S 04/16/91 154.10 154 10 • ALL STAR PRO GOLF CO GOLF CLUBS 74-4560-590-93 112027 112027 04/16/91 04/16/91 63.00 60.00 123.00 • APPLE VALLEY AGENCY APPLE VALLEY AGENCY ADOL BOILER INS ADDL BOILER INS 01-4372-099-17 74-4372-590-93 112030 04/16/91 5.18 5.18 • AT * T INFO SYSTEM TELEPHONE 01-4320-175-34 112034 112034 112034 04/16/91 04/16/81 04/16/61 78.69- 78.68 78.69 78 69 • ANCHOR PAPER ANCHOR PAPER ANCHOR PAPER TOWEL CABINET TOWEL CABINET TOWEL CABINET 01-4232-099-10 01-4232-099-10 01-4232-099-17 112037 112037 04/16/61 04/16/91 89.68 36.00 8 • * AUQIES MOBILE CHEF AUGIES MOBILE CHEF SANDWICH COFFEE 74-4802-591-94 74-4802-591-94 i»HAAvrt,^ 1040 111007 Y.. 5®', V.- V 04/10/01 04/11/01 04/10/01 04/10/01 04/10/01 04/10/01 04/10/01 04/10/01 04/10/01 04/10/01 04/10/01 04/10/01 04/10/01 04/10/01 00.5S 31.10 70.00 31.10 200.01 ‘ APACHE PAPER CO APACHE PAPER CO APACHE PAPER CO APACHE PAPER CO C FOLD TOWELS T TISSUE C FOLD TOWELS T TISSUE 05.50 65.50 131.00 ASPLUND COFFEE ASPLUNO COFFEE COFFEE COFFEE 235.40 235.40 • SAM BLOOM IRON PARTS 01-4231-009-17 01-4231-099-17 01-4231-129-31 01-4231-129-31 01-4382-039-12 01-4312-174-33 01-4232-249-42 699 50 164 75 165 22 225 44 00 78 00 00so 00 BONESTROO eONCSTROO BONESTROO BONESTROO BONESTROO BONESTROO BONESTROO ROSENE ASN ROScNE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN SEAL COAT 1990 FINAL ENO RETAINER-FEB MTQ RE;FERNDALE CENSUS BOUNDARY INS MSA NEEDS SUMRY ENO CONSULT FEB WOOOHILL SWR CONCT 01-2040 01-4304 01-4305 01-4305 01-4305 01-4305 01-4305 000-00 200-41 200-41 200-41 249-42 249-42 840-71 04-22-91 PAGE 1 8 P 0 8 MESSAGE •••-CKS ••*-CKS •••-CKS ■**-CKS •••-CKS •••-CKS •••-CKS •••-CKS IMi CITY OF OtONO CHECK NO. DATE AMOUNT }ti“‘oti 112142112142 112110 112197 112211 112247 04/11/4104/14/4104/14/41 04/14/41 04/14/Sl 04/14/41 04/14/41 04/14/41 04/14/41 04/14/41 04/14/41 ¥'■142424 04/14/91 ivI-442420 442130 04/14/41 04/14/91 04/14/41 04/14/41 04/14/41 04/14/41 04/14/41 %¥SK.'-;, 1.022 22 ISO 1.092 234 734 4S2 1.349.2S 444.44 7,144.73 • 30SO00 SO 34 94 SO 301.19 21.4S 329.44 • 3S7.50 357 SO • 65.17 129.11 194.24 ■ 416. r<n 213.52 699.52 * 39.10 39.10 • 110.00 110.00 • 2.25 2.25 • 44.62 44.62 • CHECK REQISTE4VENDORBONESTROOBONESTROOBONESTROO iSSKIISS BONESTROO BONESTROO BONESTROO BONESTROO ASNASNROSENE ROSENC ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN BLACKS PHOTOGRAPHY BLACKS PHOTOGRAPHY COCA COLA VENDING COPY OUP PR INC COPY DUP PR INC CULLIGAN DAHLGREN SHARDLOW FBS CAP MARKETS GRP GAFFRON/HIKE ITEM DESCRIPTIONAPPLICATIONS FEB ENG CONSULT FEB SAFETY IMP HWV 12 HWY 12 CORRIDOR ENG CONSULT FEB ENG PUMP HOUSE 63 INS PUMP HOUSE 13 ENG CONSULT FEB ENG CONSULT FEB DEVELOP FILM DEVELOP FILM POP COLONIAL LIFE INS CO APR INS COLONIAL LIFE INS CO APR INS TONER RENTAL WTR SOFTNER HWY 12 CORRIDOR BANK CHARGES 1ST QTR MILEAGE ACCOUNT NO. INV01'430501*430601*430601-430672-4305 72-4305 72- 430673- 4305 73-4305 -640-71-129-31-299-72-299-72 •436-64 -437-65 -437-45 -433-61 -434-42 01-4210-129-31 01-4210-174-33 74-4802-591-94 01-4151-121-31 01-4151-129-31 01-1261-000-00 01-4210-129-31 01-4343-099-17 01-4306-299-72 01-3610-000-00 01-4341-174-33 04-22-91 PAGE 2 • P.O. 6 MESSAGE **“-CKS •••-CKS •“•-CKS •••-CKS •••-CKS •••-CKS •••-CKS •••-CKS •••-CKS 1 1 j j t’r. i-INI CITY OP ORONO CHECK REGISTER 04-22-91 PAGE ■3 fe-CHECK NO.DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO. INV.8 P 0 8 MESSAGE 112256 112256 04/16/91 04/16/91 160.64 30.25 190.19 GENUINE PARTS CO GENUINE PARTS CO PARTS PARTS 01-4232-249-42 73-4232-569-92 1 112257 112257 04/16/91 04/16/81 179.36 24.91 204.27 • QERHARDSON/JOHN GERHARDSON/JOHN MILEAGE SOFT DRINK 01-4361-249-42 01-4382-020-11 112258 04/18/91 65.4065.40 0 GLENUOOD INGLEWOOD WATER 01-4231-099-17 ••••»••••-CKS py 1-6>' 112280 04/16/91 210.00 210.00 GOLF COURSE SUPT ASN DUES 74-4360-590-93 •••••••••-CKS b'P *r. {*' h- iilill 112272 112272 112272 04/16/91 04/18/91 04/18/91 04/16/91 04/16/91 305.56 120.75 59.12 16.96 11.50 515.93 m G A K SERVICES G A K SERVICES G A K SERVICES OAK SERVICES OAK SERVICES UNIFORMS MATS UNIFORMS UNIFORMS UNIFORMS 01-4221-249-42 01-4231-129-31 72- 4221-549-91 73- 4221-569-92 74- 4221-590-93 •••tut liBH wI:112214 1 U: % ■ 112101 • •••nil 112M0 04/lf/tl04/lt/fi 04/tt/tl 04/18/tl04/16/n 04/lf/tl 04/lf/fl 04/lf/fl if■^-■ 210.16 GROUP HEALTH INC MAYINS 01-4151-121-31 420.32 GROUP HEALTH INC MAYINS 01-41S1-126-31 559.12 GROUP HEALTH INC MAYINS 01-4151-129-31 117.62 GROUP HEALTH INC MAYINS 01-4151-174-33 231.00 GROUP HEALTH INC MAYINS 74-4151-590-93 1.539.12 • 12.00 GOPHER STATE ONECALL MARCH FEE 72-4306-549-91 16.00 GOPHER STATE ONECALL MARCH FEE 73-4306-569-92 30.00 ‘ 33.20 33.20 ■ HAPPYS POTATO CHIP CHIPS 74-4802-591*94 76.54 76.54 HENN CTY SHEfIFF DPT REPAIR COMM EOUP 01-4342-129-31 150.75 ISO 75 • ICMA RETIREMNT TRUST ICMA 4/1 TO 4/14 01-4140-039-12 •••-CKS -CKS ***-CKS ••"-CKS •••-CKS r- :■( r-. IMl CITY CHECK HO OF OROHO DATE CHECK REGISTER AMOUNT VENDOR ITEM DESCRIPTION I !4SS •••••• 04/16/91 04/16/9104/16/9104/16/91 04/16/91 04/U/91 04/16/91 04/16/9104/16/9104/16/9104/16/9104/16/91 04/16/9104/16/91mi04/16/91 04/16/91 04/16/91 m 333 3 3 II 75 7574 7574 73 IMS/MNIHS/MN IMS/MN IMS/MNIMS/MN INK ROLLER INK ROLLER INK ROLLER INK ROLLER INK ROLLER 791451240 26 11447 771 351144 3433779 3,701 .11 .60 .77 .60 .64 .20 .46 .36 .48 .13 .07 .70 .32 • ACCOUNT NO. INV 54.50 2.534.40 2,592.00 • CITY OF LONG LAKE CITY OF LONG LAKE MAR FLASHER 1ST OTR RENT 01~4210*039*1201-4210-069-15 01-4210-240-42 01-4310-174-33 73-4210-569-92 112377 04/16/91 11.96 11.96 • JOHNScN/BRADLEY MILEAGE 01-4381-129-31 112369 04/16/91 22.95 22.95 • KOEHNENS STANDARD AUTO REPAIR 01-4341-129-31 iip112967 04/16/91 04/16/9104/16/91 04/16/91 62.41 17.8616.41 11.91 121.99 ‘ KUEHN-THOMAS KUEHN-THOMAS KUEHN-THOMAS KUEHN-THOMAS MILEAGE MARCH MILEAGE MARCH MILEAGE MARCH MILEAGE MARCH 01-4381-069-15 01-4381-174-3301-4381-295-65 73-4381-569-92 ■«*••• 112426 04/16/91 50.00 m A AM ^ LEAGUE MN HUMAN RTS DUES 01-4385-100-21 LOGIS -SUITE 300 LOGIS APPL SUPP FEB 01-4352-069-15 LOGIS -SUITE 300 LOGIS APPL SUPP FEB 01-4352-129-31 LOGIS -SUITE 300 LOGIS APPL SUPP FEB 01-4352-174-33 LOGIS •SUITE 300 COURIER OP FEB 01-4353-069-15 LOGIS •SUITE 300 DATA PROC FEB 01-4355-039-12 LOGIS •SUITE 300 DATA PROC FEB 01-4355-069-15 LOGIS -SUITE 300 DATA PROC FEB 01-4355-129-31 LOGIS -SUITE 300 DATA PROC FEB 01-4355-174-33 LOGIS -SUITE 300 LOGIS APPL SUPP FEB 72-4352-549-91 ’ IIS -SUITE 300 DATA PROC FEB 72-4355-549-91 woGIS -SUITE 300 LOGIS APPL SUPP FEB 73-4352-569-92 LOGIS -SUITE 300 DATA PROC FEB 73-4355-569-92 01-4325-249 42 01-4332-129-31 04-22-91 PAGE 4 i P.O. 6 MESSAGE •••-CKS ••-CKS I •••-CKS •••-CKS •••-CKS •••-CKS 4 •••-CKS •••-CKS :i:» i' IHl CITY OF OKONO CHICK NO. DATE AMOUNT 112439 U243I 412459 112492 112474 intv, 112477 *477 1477 (477 •••••• 112490 112499 04/16/91 04/16/91 04/16/01 04/16/01 04/16/91 04/16/91 04/16/91 04/16/01 04/16/01 04/19/91 04/19/91 04/16/01 04/16/91 04/19/91 04/19/91 04/19/91 04/16/91 04/19/91 04/16/91 04/19/91 04/19/91 04/19/91 mMM Nf* lifii 10.20 173.34 102.54 54.12 54.62 • 1.162.45 1.162.45 * 120.00 120.00 120.00 462.00 351.00 1,173.00 • 10.057.00 10.957.00 « 43 13 IS 60 13 21 114 43 45 76 06 45 31 36 • 752.44 752.44 • 13.50 13.50 ‘ 362.21 26.57 16.99 369.35 CHECK REGISTER VENDOR LONG LK FORD TRACTOR LONG LK FORD TRACTOR HACQUEEN EQUIPMENT MARTINS NAVARRE 66 METRO WASTE MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST MIDWEST BSNS BSNS BSNS BSNS BSNS BSNS PROD PROD PROD PROD PROD PROD MIDWEST ASPHALT MPLS OXYGEN CO MINNEQASCO MINNEGASCO MINNEQASCO MINNEGASCO ITEM DESCRIPTION PARTS PARTS DIRT SHOES AUTO REPAIR MAY FEE OFFICE OFFICE OFFICE OFFICE OFFICE OFFICE SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES PATCHING DEMURRAGE UTILITIES UTILITIES UTILITIES UTILITIES 04-22'91 PAGE 5 ACCOUNT NO INV. i P.O. i MESSAGE 01-4232-249-42 01-4232-249-42 01-4232-249-42 01-4341-129-31 MED CTR HEALTH CARE MAY INS 0;-4151-039-12MEDCTRHEALTHCAREMAYINS01-4151-069-15 MED CTR HEALTH CARE MAY INS 01-4151-129-31 MED CTR HEALTH CARE MAY INS 01-4151-174-33MEDCTRHEALTHCAREMAYINS01-4151-249-42 73-1282-000-00 01-4210 01-4210 01-4210 01-4210 01-4210 01-4210 039-12 059-14 069-15 129-31 174-33 249-42 01-4233-249-42 01-4232-129-31 01-4324-099-17 01-4324-129-31 72- 4324-549-91 73- 4324-569-92 •**-CKS •••-CKS •••-CKS •••-CKS ■ • •-CKS •••-CKS •••-CKS •••-CKS Ufl CITY or OKONO CHICK NO. DATE iiMAS lUfU tilH! 04/U/fl 04/1I/41 04/lt/tl 04/*l/«l 04^it(si Q4/ll/tl C4/U/4I 04/lt/tl 04/16/tl >/it/Cli&'Al'M 04/lt/tlH'Al'Al 04/lt/tl 04/lt/tl H'Al'Ai04/lt/tl 04/lt/tl 04/lt/tl 04/lt/tl AMOUNT 777.12 • •5.60 •5.to • 303.00 1.310.27 150.00 212.20 105.37 2.320.74 4.01- 44.07 40.Ot • 51. 20. 40. 122. 2. 120.4. 7. 0. 2. 21. 41t. 73 53 04 00 70 03 07 30 It • I 73 22 5.75 .It 5.45 33.10 44.55 • 134.20 134.2t • 13.20 i3.2t • CHECK REGISVENDOR MN FIRE 4 SAFETY MOTOROLA INC MOTOROLA INC MOTOROLA INC MOTOROLA INC MOTOROLA INC NAVARRE AUTO REPAIR NAVARRE AUTO REPAIR NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE NSP NSP NSP NSP NORTHERN HVDRAU LICS OMAN/LYLE ITEM DESCRIPTION REPARI FIRE MAINT A6REEHNT MAINT A6REEHNT REPAIR MAINT A6REEMNT MAINT AGREEMNT TAX REPAIR TRUCK PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS UTILITIES UTILITIES UTILITIES UTILITIES WATER PUMP MILEAGE ACCOUNT NO INV 01-4342-129-31 01-4342-174-33 01-4342-249-42 01-4342-249-42 72- 4342-549-91 73- 4342-569-92 01-4341-174-33 74-4341-590-93 01-4210 01-4210 01-4231 01-4231 01-4232 01-4232 72- 4232 73- 4210 73-4232 73- 4234 74- 4232 129-31 174-33 099-17 290-61 099-17 249-42 549-91 569-92 569-92 569-92 590-93 01-4324-099-17 01-4324-175-34 01-4324-249-42 73-4324-569-92 01-4232-249-42 01-4361-174-33 04-22-91 PAGE 6 • P.O. 9 MESSAGE ••*-CKS •••-CKS ••“-CKS •••-CKS -CKS -CKS •••-CKS •••-CKS mi m •¥Ittl CITY OF OtONO S' %CHECK NO.DATE AMOUNT r ■112S97 04/16/91 4,128.434,128.43 r UEStt 04/16/91 9.009.00 h-.li­ft'"y.. llltllnttii 04/16/9104/16/91 8.903.3012.20 ■••••A m:-. tlM4tmfc- 'r \ 04/it/tl ti'Al'Al 04/lt/tl 04/14/tl 04/lt/tl )4/ii^ti04/14/tl 04/lt/tl WlVAl 04/lt/tl 04/lt/tl 04/lt/tl 04/lt/tl 04/lt/tl 04/lt/tl J^.-.: Mm 04/lt/tl 1.274.St S,tt0.27 44.to 142.t2 1.502.SO 113.00 421.20 32.40 521.45 44.SO St. SO 235.45 220 SI it 17t 722 722 12,0tt 40to 10 44 Ot Ot OS 154.35 2S.00154.35 333.70 • to. 00 to.00 * 25t.20 2St.20 • 19.35 CHECK REGISTER VENDOR ITEM DESCRIPTION PUBLIC EHPL RET ASSN PERA INS PERRYS VENTURES INC PERRYS VENTURES INC POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM POPHAM HAIK A HAIK 4 HAIK A HAIK A HAIK A HAIK A 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 ASSOC ASSOC PRAIRIE OFFSET PRAIRIE OFFSET PRAIRIE OFFSET PUBLICORP INC REED VENDING SCHWAAB INC PERA 4/1*4/14 MAY INS CAR WASH CAR WASH LEGAL RETAINER-FEB LEGAL PROSECTNS-FEB LEGAL CONSULT-FES LGAL CB SEWER FEB LEGAL LL ANNEX AOS GEN H2D 8DG FEB STREET VACATION LEGAL CONSULT FEB LEGAL APPLIC FEB OPTION EXTENSION LEGAL CONSULT-FEB LEGAL CONSULT-FEB LEGAL CONSULT-FEB LEGAL CONSULT-FEB LEGAL CONSULT-FEB LEGAL CONSULT-FEB LEGAL CONSULT FEB LEGAL CONSULT FEB ENVELOPES BUS CAROS ENVELOPES LL ANNEXATION CANDY A CIO STAMP ACCOUNT NO INV 01-2031-000-00 01-4152-129-31 72- 4341-549-91 73- 4341-569-92 01-4301 01-4302 01-4303 01-4303 01-4303 01-4303 01-4303 01-4303 01-4303 15-4303 24-4399 24-4399 24-4399 24-4399 24-4399 24-4399 72- 4303 73- 4303 OtO-lt OtO-1" OtO-) 010- 010-16 080-16 080-lt 174-33 840-71 6S1-00 414-00 454- 00 455- 00 456- 00 '461-00 462-00 >436-84 >434-82 01-4322-039-12 01-4322-174-33 01-4322-174-33 01-4306-299-72 74-4802-591-94 01-4210-039-12 04-22-91 PAGE 7 6 P O 6 MESSAGE •••-CKS •••-CKS •••-CKS -CKS •••-CKS •••-CKS .. .. Ittl CITY OF ORONO CNCCK NO. DATE U2701 r^: 112711 112710 112724 1127M Him 11277t 112771m if'Uiia feiSfe.t'i ^ 04/lf/tl 04/14/91 04/14/41 04/14/01 04/14/41 04/14/41 04/14/41 04/14/41 04/14/41 04/14/41 04/14/41 04/14/41 04/14/41 AMOUNT 14.35 • 470.50 479.50 ■ 14.95 14.45 • 35.00 35.00 * 541.12 541.12 • 375.00 375.00 • 505 .00 200.00 705.00 • 57.50 57.50 • 433.00 433.00 • 100.00 100.00 • 214.45 214.45 • 221.01 24.42 CHECK REGISTER VENDOR ITEM DESCRIPTION SPAULDING STATE-MN DOCUMENTS DIXIE PETRO-CHEM ST TREA-ST BD6 INSP SUBN Rm c. AUTHORITY TOWN A COUNTRY TOWN A COUNTRY THORPE DIST CO TOLL CO TWIN CITIES DICTN SV UNIFORMS UNLIMITED US WEST COMWIN US WEST COMMON GOLF BALLS STUDY DEMURRAGE 1ST QTR SURCHQ 1ST HALF DUES AP CLEANING APR CLEANING BEER POWER SAW SUPPLIES UNIFORMS TELEPHONE TELEPHONE 04-22-41 PAGE 4 ACCOUNT NO. INV. 4 P.O. 4 MESSAGE 74-4S00-591-94 01-4240-129-31 72-4234-549-91 01-2222-000-00 01-4380-039-12 01-4349-099-1701-4349-129-31 74-4815-591-94 14-4560-833-00 01-4210-174-33 01-4221-129-31 01-4320-129-31 01-4320-249-42 •••-CKS ••“-CKS *'*-CKS •••-CKS •••-CKS •••-CKS •••-CKS •••-CKS •••-CKS •••-CKS 4 Q:.I IMl CITY OF MONO CNCCK NO. DATE IISIIS U2I1S IIS li2l3S I12M1 1I2M2 I12I4S 3y>%*.i* yi>-. ‘ -V 04/11/01 04/11/01 04/11/01 04/10/01 04/10/01 04/10/01 04/10/01 04/10/01 CHECK REGISTER AMOUNT VEMHiR ITEM DESCRIPTION 27.41 S3.01 22.42 33.22 317.SO • US WEST COMMON US WEST COMMUN US WEST COMMUN US WEST COMMUN DATA PROC TELEPHONE DATA PROC DATA PROC 46. SO 40.SO • WARNING LITES OF MN FLASHER 404.13 404 13 ‘ 1.3S2.01 1.3S2.01 • WATER PRODUCTS CO WAYZATA-CITY OF WR MTR 1ST QTR WATER 11.20 11.20 • WECKMAN STEPHEN MILEAGE ACCOUNT NO INV 01-435S-069-15 72-4320-549-01 72- 4355-549-01 73- 4355-560-02 01-4331-240-42 72-1273-000-00 72-2224-000-00 01-4381-174-33 K'-'. 04/10/01 140.09 JOHN BECKMAN REPAIR COUNTER 01-4343-009-17 04/10/01 50.24 200.03 ft JOHN BECKMAN FINISH PO DOOR 01-4343-009-17 [ 1I2M2 ■i, «*•«» 04/10/01 101.00 190.00ft BUSINESS ED SERVIC HALLIN/VEE 01-4356-039-12 04/10/01 200.41 200.41 ft EAGLE GOLF BALL CO GOLF BALLS 74-4000-591-94 t“”“04/10/01 IIS.OO US.00 ft INST EP i-OYEE DEVELP BOBZIEN/CLASS 01-4356-129-31 1 H8«04/10/01 10.OS HENN CTY TREASURER DEED TAX 4 FEE 01-4303-249-42 04/10/01 16.05 33.30 ft HENN CTY TREASURER DEED TAX 4 FEE 01-4303-290-61 U2tM 04/10/01 631.02 631.02ft KILLMER ELECTRIC REPAIR ST LIGHTS 01-4342-249-42 i U2M7 04/10/01 500.00 500.00 ft JANIE JASIN SPEAKER 01-4243-129-31 P Utioi 04/10/01 75.00 75.00 ft ASIS SEMINAR 01-4356-120-31 ii . 04/10/01 006.00 100.00 ft JANET SHADDIX 4 ASSO LL ANNEX 01-4306*000-16 112010 04/10/01 40.09 PHYSICIANS DESK REF PHYSICIANS REF 01-4240-129-31 04-22-91 PAGE 8 P.O 0 MESSAGE •••-CKS N -CKS •••-CKS •••-CKS I'iP- .V. hh ■V !;>!>•^Si;^;i:' # IHl CXTY or ORONO CMfCK NO. DATE AHOUNT CHECK REGISTERVENDOR ITEM DESCRIPTION 04-22-91 PAGE 10 ACCOUNT NO INV. • P.O • WSSAQE49.95 > 1I2RU 112912 04/19/91 04/19/91 29,925.00 29,925.00 * RICW4AR CONST PUMPHOUSE 93 PYMT 6 72-4531-437-85 47.79 47.79 • WHEELER LUMBER TANGENT 01-4233-249-42 112913 04/19/91 20.00 20.00 ‘ MACA DUES 01-4380-129-31 •••-CKS 112920 04/19/91 49.00 48.00 • HENN COUNTY TREAS CENSUS REPORTS 01-4240-039-12 •••-CKS 40,154.28 633.00 49.50 762.49 34.706.74 14.646.47 2.537.39 FUND FUND FUND FUND FUND FUND FUND 01 14 15 24 72 73 74 TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL TOTAL GENERAL FUND IMPROVE A EQUIP OUTLAY BUILDNG CAPITAL OUTLAY PERM IMPROVE REVOLVING WATER OPERATING FUND SEWER OPERATING FUND GOLF COURSE OPERATING FD F F F 93.489.17 TOTAL - % -V - V. 1 ;li -r tar B U, .r Hf;:-V- ii:' k' ■ ► •i tK.'y.--' ■' !'l4. " V-^ ' ^•':V' ■'inU'n.I' ■ Autn c& ^ 'A. ’•' i * C .r^^ feiv'.: I' ^PR 2 2 1991 cnyoFORoiHo I'f.' ,v^ !■ D; !'■ ^1.- M^.fc *-»—^ •- - - •*- r KIti. ■ DATE: TO: FBOH: SOBJKCT: April 19. 1991 Hark Bernhardsoa. City Administrator Hel Rilbo. Chief of Police Officer Jay Dembouski Officer Dembouakl has returned from the Persian Gulf. He is now at Camp LeJuene in North Carolina and is expected to be back in the Twin Cities sometime this weekend. His final discharge date is uncertain, possibly a woek or so after arriving back here. As menti<med in an earlier nemo. Officer Dembouski had indicated that he would like some tine for ”B A R” prior to returning to his duties at the Orono Police Department. TO: FROM: Mayor and City Council Mark E. Bernhardson, City Administrat^jr^ This updated information does not alter our recommendation regarding directing hire of a new patrol officer. A new patrol officer would not start until after Officer Roberts left. Hiring process may take 4-6 weeks. . J .<.. NEWSLETTER J I' M ’ f N ' ‘ ' .. HI 1 ( 1 ') I I M 1' ■ ' N ' ORONO SCHOOL BOARD DduJ McKov^n. Ch.iimun 479* 1092 Don Anderson. Vice Chairman Jim Fr.mkJin. Tr^AbuniT Lucie rjylor. Clerk John Maresh. Dsrecior Peg Svsan.MUi, DirecU)r 47Q-1810 ^"^-2130 4^5-3197 473-0603 1-ujt Nn .-5 Each ytar the Orono Education Association (O.E.A.) selects a Teacher of the Year for the Orono Schools. Following a call fbr nominations, candidate interviews, and a careftil oonsideroiion of criteria: the selection is made. On Blardi 21 the O.EA announced that Irma Kelley was Orono's 1991 Teacher of the Year. Mrs. Kelley is well respected throughout the Orono School District. She toadies kindergarten at Orono Primary School in Maple Plain. Of course, this honor is .lO surprise to those who know Irma Kelley. Her engaging personality, her tested dedicatieo, her considerable skill in woridng with young children, and her love for teaching are well known characteristies. I can’t imagine many honors more rewarding than profiMsiona] recognition by ones colleagues. That is the distinction Irma Kelley has received. We extend the congratulations of the sAool district to Irma Kelley and oflkr every best wish as she assumes the responsibility of representing a truly distinguished school district Acuity. The significance of the honor is underscored by reviewing the list of Teacher of the Thar since the inception of the program in 1966. Past Ibadier of the Thar indude: PonaldBoylf • *1966 Coonia Maaa • 1966 JeAay Bkown • 1987 SuaannaKuappars •1968 Patricia Hewffley» 1969 1990 Thanks to the O.E.A. for helping us to focus on the proftsdonal attributes and dedication of our teachers. Thomas B. Bfich, Fh.O. Superintendent 1 High School Spring Play Family entertainment opens Thursday evening, April 11, 7:30, on the Orono High School stage when the drama department presents the comedy Up the Down Staircase. Performances continue Friday and Saturday nights, the 12th and 13th. A comedy about high school days. Up the Down Staircase, tells the story of Sylvia Barrett (played by Laurie Hite), a new Eitglish teacher at Calvin Coolidge High School in New York City, and Joe Ferone (played by JefTMarr), a hostile young man with a hi^ I.Q. Students pour into her classroom, providing lots of laughs but also a few serious moments. Simultaneously, there is a blizzard of paper work for Sylvia. A total of 33 OHS students portray the students, faculty and staff members of Calvin Coolidge. Student director is Kim King. Reserved seat tickets to this night of laughs and tears are on sale in thr high school office. They may be reserved by calling 473-5472 but must be picked up by 3:00 p.m. prior to the evening’s performance. All sedta are $3 each. Remaining tickets will be on sale at the door each evening. (Senior citizens and district pass holders may pick up free tickets to the opening night performance April 11. That is the only nig^t that passes will be honored.) r'' Guidance at a Glance i 4MTi AiZL April 13.1991 Registration Deadline 3/15/91 SiAl* May 4,1991 Registration Deadline 3/29/91 SAIt June 1.1991 Registration Deadline 4/26/91 ACR Junes, 1991 Registration Deadline S/lQ/91 Re^stratioii Completed RegistraUon for the 1991-92 school year has been completed at the high school. You will receive a copy of your student's schedule near the end of the sdiool year. Hope For The Homeless Follow Up Study Claes of 1989 Each year Orono Hi^ School does a follow up study of their gi^uating class. Graduates are asked a variety of questions including their current activities and how they ftlt about the education they received at Orono. The fbllowing are a few of the questions asked and the percentages that responded as follows: 8A Stron^tyAcrae A Agree D Diaagiw SD Stron^b^ Disagree SA A D SD 1. In the Orono Schools, overall I feel I received a good education.28.4 67.2 4.5 0.0 3. At Orono High School the teadiers seemed to care about me.20.6 67.6 10.3 1.5 3. Overall, attending Orono Hi^ Sdiool was an eidoyable experience.20.6 70.6 2.9 5.9 During the week of March 13th, Orono High School students again raised money for local charity. For three days that week students could go to the auditorium, pay $1 and hear three OHS garage bands and two professional bands. The bands performing were Public Affair, the Know Nothings, The Missing Link and two professional bands • Inside Out and Bill Greenwood. Last year the concerts raised approximately $500 for The House of Charity in Minneapolis. This year the profits were given to Tnterfaith Outreach and Community Partners. The students raised almost $650 this year. Interfaith Outreach and Community Partners is a nonprofit charity located in Wayzata and serves the areas of Hamel, Long Lake, Maple Plain, Medicine Lake, Orono, Southwestern Plymouth and Wayzata. They deal with many social problems such as finding homes, food, clothing, and transportation for the needy. Single parent services and emotional support are also available. 4. The extra curricular program, athl etics, drama, music, etc., in whkh I participated at Orono Hi^ Sdiool was of value to me. 61.9 28.6 6.3 3.2 6. 1 feel Orono Hi^ School prepared me well for my post-high school education. 20.9 58.6 14.9 6.0 6. 1 ftel attendance and discipUne were strMsed enough at Orono High SchooL 37.9 53.0 6.1 3.0 Senior Graduation Party Plans are now in the final stages for the '91 All-Night Graduation party, scheduled immediately after graduation exercises on June 6. The next general meetii^ of parents working on committees for the party is April 15 at 7:30 p.m. in the OHS cafeteria. A note to all parents of seniors has been mailed with the third quarter report cards; it includes a consent form and a request that reservations be made as soon as possible. Chaperones are still needed on the night of the party and to decorate on the afternoon prior to graduation. Pleaw contact Pat Doherty or Shari Meyer to offer help with chaperoning; call John or Lynn Dougan to help with decorating. Additimial copies of the form are available in the hi^ school office. ■ - • ; V •JC*'tp^lkito ^jCpiingdow 473-5472 CAixiMilirdiiRQu L-Z Attention: Parents of Juniors The parents of seniors are inviting the help of parents of members of the junior class who would be willing to help organize the reception for graduates and their guests after graduation. Please contact Jean Dettloffto offer your help. Parents Do You Want Your Kids to be the Best They Can iie? Parent Communication Network (PCN) Training may be the Answer! TUMday, April 23.1991 7:30 pjn. Middle School LRifery The evening is an oppoilunily (or parents to ieam what we can do to make the social Ives o( our children safer and healthier. Parents can make a difference as Mividuais and coltoctively by oommunicatino with each other about our chiUrenrs activKies. The Middle School Parent Advisory Committee is presenting a panel of indMduais to address ctwmical health oroblema. youth esteem and other isaues: Ofnoer.nm Comtek, DARE program Sue Blaoazak, Statewide PCN Coordtealor Wanen Nelaon. Middle School Principal A young person sharing personal experiences Orono District porenis are encouraged to attend, it will be followed by a question and answer period. Coffee and cookies. II you have any questions about the evening or would lire to help notlhr other parents of this event, please call June Palmer at 475^0 4^ « -------------------- «• * —■ N r ■ . V' • ' ----------- - - New awiauBiiif peel in Orono Education Link Communi^ Open House On Sunday. April 28.1991 airopen house at the new Oione Education Link building will be held Sum 1:30 to4KN>p.m. The entire Orono Community is invited to come art<* see the completed swimming pool, seven classroomt Special Education and Community Education offices. Sefteahments will be served. Bring the family and join « ns! Si^^^rtnn Parents Association Friday, April 12,1991 8:20 am Staff lunch room Please Join us! Successful Year for Gymnasts The Orono Gymnastics team recently held its annual awards banquet. The team celebrated its successful school record breaking season. The Varsity Team record was set at 139.25 on Feb. 5 when Orono defeated Delano. The JV Ibam record was set at 124.15 Feb. 5 also. Varsity Vault (35.75), Beam (34.05) and Floor (35.8) school event records were set An event record is the four scores of the top four girls on that event added together. Letter awards and special awards were handed out along with senior awards, All Conference and All State. The gymnasts thanked their parents for their support as well as their coaches and the Senior gymnasts. A successful season was celebrated with videos, slide s! ws, decorations and great food! Captains for next year will be Kim Brown and Sarah Broum. Physical Education Demonstrations lb all parents of elementary school age children. Mark your calendars with some special dates. All children grades one through four will participate in our elementary school Physical Education demonstrations this spring. Mrs. Ebbecke and Mrs. Oingmann, physical education teachers in Orono Elementary schools, have had the children working hard to put together some programs for parents and families to view and see what kinds of activities are done in physical education in the lower grades. "Orono Primary is on the Move" is the theme for the program at Orono Primary School. The date is IViesday, April 30th. Kindergarteners will perform at 6:30 and first grade at 7:15 p.m. The following Monday, May *t 7:00 p.m., students in ungraded ^rou^ grade will present their physical educati' .ram at the high sc) tol. The theme will jy. Look Me Over". We hope that you will all be able to attend one or both of these fun demonstrations. MM II. L. >) I.«».) (H A. # > t) .-F.Tn « V«I y.. 4/B Sdiool Board Mooting, 107L (Link).........TrOOpm 4/19 HMchorWorkahop NO SCHOOL 4/S3 School Board Mooting, 107L (Link).........7:00pm KfjeingWTATOACnVITIKfl VIS KDCW paronU Night at OPS..................7;00pm V16 F1A Bd Mtg. at SE.................................7:15pm SB ft OPS Apnl BD Party 4/i8 Family Fun Ni^t at Choopokate-FREE.6:30 pm V19 lhaehorWoriuhop NO SCHOOL 4/30 OPS Phy Ed Do monotration a.................6:30pm 4/19 lhachorWorkahop NO SCHOOL 4M MSPACMIginFDR.............................7:30pmmow BCHom. ACTivmigfl 4/4 IVack • Mound ft St. Agnes...................4.-00pm 4/9 Softball • Mo und....................................4K)0pm 4/9 Baaobball at Brooklyn Center................4:00pm 4/11 Softball at St. Bernards... .....................4:00pm IVadi at Mahtomodi ...............................4:00pm HS Spring Play in Aud...........................7:30pm 4/12 HS Spring Play in Aud...........................7:30pm 4/13 HS Spring Play in Aud...........................7:30pm 4/15 Softball at Brooklyn Center...................4K)0pm Baeobal l • Minnehaha Boys Golf at Baker..................................4:00pm 4/17 Softball • Mahtomodi .............................4:00pm Baseball - Mound ....................................4:00pm 4/18 Boys Ibnnis • Washburn........................4:00pm Softball - St Anthony .............................4:00pm Baseball at St Agnes.............................4.’00pm Girls Golf at Mound................................4K)0pm Drack at Blake......................................4K)0pm 4/19 lhadier Workshop NO SCHOOL Softball at St Agnes...............................4:00pm Baseball at St Agnes................. 4:00pm Boyo Golf at Brads..................................4:00pm 4/90 Softball • Dassel/Cktkato Tbumey ..........10:00am Baseball • Dassel/Cokato Ibumey .........10:00am Beys Ibnnis - Pbie City Invitational .......9:00am * 22 SoM m U • Fumington .............................4KX)pm BasdMll - OaLaSalle.............................4.’00pm 4/23 Softball at Mahtomodi ...........................4:00pm Girls Golf • Blake at Baker.....................4:00pm IVaA - Shakepee....................................4K)0^ Beys IbmiiS’Brads................................4:00pm 4/M SoMiall at St Anthony ..........................t.-OOpm - Baseball at Brock ...................................4.-OOpm . Boyo Gdf at Farmington ........................4H)0pm ... :lBm Tbnais • Hopkins — ..................4:00pm 4/20 .HS Pop Conoort in Aud ..........—..........7:30pm Girls Golf at Baker.................................4.*00pm TVack - St Barnards ft St Anthony .......4:00pm ' Bm Ibnnis at St Agnas........................4:00pm 4/M HS Pop Concert in And.........................7:30pm Softball > DaLaSalla...............................4.-00pm Baseball at Mahtomdi ............................4K)0pm 4/27 Boyolbimisat Waysata ..............................9:00am ^ »• a ft* -r. 4/29 Softball at Mound ..................................4:00pro<Baseball > Blake......................................4:00pm Girls Golf at Farmington Boys Golf at Baker..................................4:00pm 4/'30 Boys Golf at Keller................................11:30am ^loys ^Brnnis * ktound ................................4:00pm i! > i( . I •I 4 ' Ffimianf 1L1 « Accepted the resignation of Howard C. Lerohl, high school music teacher, at the end of the 1990-91 school year. * Accepted the resignation of Donald K. Boylan, high school mathematics teacher, at the end of the 1990- 91 school year. * Adopted the P.E.R. policy as presented. * Adopted the resolution establishing dates for filing affidavits of candidacy. * Approved the appointment of Mrs. Marge Gasch, and I.r. j. Evy Zacher to assist the clerk in preparing for and I'lnning the May 21,1991 School Board election. * Approved the 1991-92 calendar as presented. * Authorized the call for written quotations on the bus transportation contract Minutes of Sohool Rnard Meeting Febmerv 25. '.991. * Approved the appointment of Jacky Anderson as a part-time paraprofessional in the physical education department at the high school. * A{^roved the Policy Series 1000 and 2(X)0 as presented. * Appointed the Sdiool Fadlities Committee to review the compliance assessment report with the administration and recommend specific action to the Board of Education. * Approved adv-^rtising for bids on two, nine-passenger vans. * Expressed congratulations to the following teacheiVprineipal who have earned tenure as a member ^ the Orono School District faculty. Cindy Conger, Diane Dingmann, Connie Fladeland, Chris Locker, Sarah McDermott, Kristen Powell, and Joanne Wiqrteke. Superior Rating for Band The Orono High School Concert Band recently received three superior ratings at the District 17A Class I competition. The three-star rating is the highest possible rating a band may achieve. The band performed Grainger's "Irish Time" and "Shepherds Hey." Your neat opportunity to hear this superior band is during the Pop Concert set for April 25Ui and 26th in the Auditorium. , * r-t -I I Special Olympic Participants This winter two Orono High School students have participated in Special Olympic Events. In February Mike Brindley, a 10th grader, competed in speed skating at the Special Olympic State games in Quadna. He raced in the 100 meter, 300 meter, and 500 meter events and took a first, second and fourth place. March 6th, Lori Hoppe, also a 10th grader, swam in the Area 11 Special Olympic Meet at the University of Minnesota. She competed in the 25 meter backstroke and won a fourth place ribbon. She will be competing in the State meet in April. MOMS Meet Orono Moms will meet on Friday, April 19 from 1:00 • 3:00 p.m. at Trinity Lutheran Church on Co. Rd. 6. Eiyoy some conversation with other moms - we'd love to see you! Newly Tenured Teachers At the beginning of the 1990-1991 school year, seven teacher adiieved tenure in the Orono School District A Tenure Ceremony was held at the February 25, 1991 Board of Education Meeting to recognize these teachers. Each teacher was introduced by an Administrator and then presented with an Orono Commemorative Pin by hiadwr Mentor. O' iI Comm Findeland fr Kristen Powell (not pictured, Joanne Wcytcke, Chris Locker) . . A ^ Charlie Maguire with students Musician in Residence The students at Schumann Elementary spent the week of March 25th with well-known musician Charlie Maguire. Charlie has spent one week in Orono for the past several years working with the students. This year each individual class wrote a song with him. Several of the songs were about the crisis in the Gulf. Some of the titles were "Good Night from Saudi Arabia", "Home Work Blues", "Peace at Last", "Presidents on Parade", "The Link", "Take Care of Your Pe"t and "Wolf Ridge". On the last day all the students assembled in the gym and put on a concert for each other. KARE 11 television was present and the students were shown on the 6:00 p.m. news that evening. Funding for this program comes from the Orono Education Fund. Odyssey of the Mind ODYSSEY of the MIND offers a challenging, competitive opportunity for students who are academically and creatively talented. At the Middle School level Orono has had quite successful teams in recent years. There will be a meeting for parents and interested students on Thursday, filay 9,1991, 7s00 p.m. la Room 211 of Orono Middle School. The purpose of the meeting will be to explain the opportunities presented by OM and to detail the responsibilities required of team members and parents involved. Coaches of 1990 and 1991 teams will be there to answer your questions. We welcome your interest Kay Sause, Facilitator Gifted Program K -12 L Sclmil 1 Board Election Day -May 21,1991 Polling Places: OroAO Primary School 7 a.m. • 8 p.in. Sdramami ElemBtaiy School 7ajiu> 8pja Absentee Voting Any perMn who it otherwise eligible may vote by absontee ballot for the following reasons; 1. A physical disability that prevents his/her going to the polls or voting in the voting booth at the polls; 2. Hither religious discipline make him/her unable to appear at the polling place at the time the election is held; or 3. He/Ae expects to be absent from the district at the time of election. t-.r.. A|iril 18 • firat di^ to apply ftir absentee ballot 80 • last day to apply Iter absentee ballot Excerpts firom Minnesota 211&11 • « A person may not display campaign material, post ■signsra*kr»olicit, or in any manner try to induce or persuade a voter within a polling place or within 100 feet of the building in which a polling place situated on primary or election day to vote for or refrain from voting for a candidate or ballot question. A person may not provide political badges, political buttons, or other political insignia to be worn at or about the polling place on the date of a primary or election. A political badge, political button, or political insignia may not be worn at or about the polling place on primary or election day. A person may not broadcast, circulate, or distribute campaign material, or cause campaign material to be broadcast, circulated, or distributed on the day of a primary or election. This subdivision does not modity or repeal section 7. Hour to Apply tor an Absentee Ballot An application for an absentee ballot may be aufanittto at any time not less than one day before the data of the eloetien. The application for the absentee ballot must be made either in person or by mail to the Clerk of Independent School District #278, District Office, 686 Old Crystal Bay Road, Long Lake, MN 86886, phone 473>7313. When the application has been ■tgw^ and rseeivod fay die Cleik of the school district, ^ Clerk will remit the ballot to the qualified applicant by midl or the applicant may personally pick up the fa^lot in the District Office. The marked absentee ballot must be received via the U.S. mail or hand dsHnend before the polls close the day of the election. Excerpt from Minnesota Statute 210A.03 "Any person or committee who shall publish, issue, post or circulate, or cause to be published, issued, posted, or circulate otherwise than in a newspaper, as provided in section 210A.05, subdivision 1, any literature, campaign materials or any publication, including but not limited to cards, pamphlets, flyers, signs, banners, leaflets, tending to influence voters at any primary or election which fails to bear on the face thereof the name and address of the author, the name of the candidate in whose behalf the same is published, issued, posted, or circulated, and the name and address of any other person or committee causing the same to be published, issued, posted, or circulated, shall be guilty of a misdemeanor; provided another herein contained shall be construed as modifying or repealing any of the provision of section 210A.04” Vpter Eligibility An eligible voter for a school district election shall be a person who at the time of the elections: 1. is 18 or more years of age; 2. is a dtisen of the United States; 3. is a resident of the school district; and 4. has resided in Minnesota for 20 days immediately preeesdingtheek INBinUTT r - -..V •..a. • *--.fi. . -i - - - X. '-I- t f •*•1. i>uc-saafej-. r* Nofi-Ffom OfgT U.8. POSTAGE PAID Long Lake, MN PERMrril0.12 — — . % ! - I*' ■t..APh 1 s 199: City of Or one* F • 0 • Bo': ^ ^ Crystal Bav v: • - \... •y . •- -r — .|l , • ' ’"A-"- li i; "■ r i V.NimiTBS OP THE RBCDLAR OROMO PARK COMMISSION MEETINGmarch 4, 1991 ATTBRDANCK 7sl0 P.N. " The Park Commission met on the above date with the following members present: chairperson Dick Flint# Phil Bradley# Jim Gilbert# Lester Kelley# Stephen Johnston# and Alexander Vongries. John Gerhardson# Public Works Director represented the City staff. Absent were: Susan Wilson and Bruce Kokal. APPROVAL OP MIN0TB8 > It was moved and seconded to approve the minutes of the February 4# 1991 Park Commission. The motion passed. PARK OOMNX88IOB APPOINTMENTS - Newly appointed member Stephen Johnston was welcomed City Council has reappointed Flint# Wilson and Gilbert. The OROMO BA8RBALL ASSOCIATION - ANNUAL REVIEW OP BEDERWOOD PARK DIAMOND - Gary Larson reported that the OBA had complied with all of the City Council's mandates. A quality little league field has been built and suiintained. The OBA has met with the Orono Lions who expressed willingness to use funds at their disposal to develop a ballfield at another# permanent site. The OBA will continue to meet with the School Board to develop a permanent ballfield on school property. In response to complaints by residents in the Bederwood Park neighborhood# Larson stated the following: * The scoreboard is set in concrete and is not removable in the off**season. * The use of a hand*~held amplifier to announce batting orders and players coming to bat does not constitute an "amplifier system". * Vehicles are used on the park property only to unload and load groundskeeping equipment and for deliveries to the cc«ncession stand. * The 1991 season i '^heduled to begin on May 4th with an expended number o' ms using the field Monday through Friday# from 4:00 *ntil dark# until the end of June. Thereafter# the fiej. ^1 be used less frequently for play­ off games until mid-July. * The OBA believes that its use of Bederwood Park for little league gasMS was approved through the 1993 season: Bederwood Park neighbors believe that such use will end in 1992. MIHUTBS OF THE BBGOLAR OROHO PARK COMMISSION MEETINGMARCH 4, 1991• .4 ^ I. OROHO BASEBALL ASSOCIATION • Coat. - * Funds are not available to make the improvements required to bring the concession stand into compliance with Department of Health standards for food preparation. Several Bederwood Park neighbors were present. Cherokee Use cosnented that the ballfield was well maintained last year and that the park was kept litter-free despite heavy use. She approved of on-going efforts to find another site but expressed displeasure about use of the field on Fridays and weekend Mornings when the field was used for practice last season. Curt Levang eonplained about the number of cars in the park’s lot and along the road during games (as many as 70 vehicles on occasion). Gary Connor deplored the damage to the park's grass by motor vehicles and asked that there be no use of the ballfield on holidays . Gary Larson expressed willingness to post a schedule of little league games» as requested by several neighbors. The Park Commission discussed the use of a hand-held amplified (or bull horn). It was moved by Bradley, seconded by Gilbert, to conclude that this violated the City Council's prohibition against sound amplifiers. The use of a megaphone was suggested as an acceptable alternative. Ayes 5, nays 1. Flint identified several issues that will have to be resolved at the April 1, 1991 meeting after reviewing the actions taken at the City Council's meeting of March 26, 1990, namelyt 1. Mas OBA use of the ballfield prci«^cted through 1992 or 1993? 2. Mas approval for use four or five days a week, i.e. may the OBA use the ballfield on Fridays? 3. Is prohibitition against use of a hand-held amplifier consistent with the City Council's wishes. A discussion ensued concerning financial committments the OBA night have to make in order to have a little league field on school property. Resolution of this question must await further input • ») • 1 • • I FARE DBVBLOnaRT FBOPOSAL - The Park Commission favors the installation of new playground equipsient during the Spring of 1991 and a skating rink for the winter season. Other suggested improvements (including tennis courts) should be deferred. John Gerhardson was asked to obtain bids for playground equipment and skating rink and to present them to the Park Commission at its May 7, 1991 meeting. Niaom UGOLMt OROaO PAKE C0MNIS8I0M NBBTZaG HWTJ^ MARCH 4r 1991 LOWS LAXB JBT SKI ORDIHAHCB - The DNR intends to propose State-wide legislation concerning personnel watercraft. They have requested that local agencies defer action until the State legislature has acted. ITIM6 WITH I ►in OOmnT PARKS - Flint, Bradley and Gerhardson reported on their meeting with Doug Bryant, Superintendent of Hennepin County Parks and Jim White, one if the Commissioners. Both expressed interest in psi^t^icipating in the development of a bike/hike trail connecting Baker Park, the Luce Line Trail and Moerenberg Park. The estimated cost of a detached trail is $300,000, of which Hennepin County is expected to pay a major share. Hennepin Parks^s^aff Keile^y)^ to^hinTe M/.^Wint inform the^City Council of the discussions with Hennepin County Parks concerning development of a bike/hike trail along Old Crystal Bay Road. Ayes 6, nays 0. 9i45 P.M. pjtu The regular Park Commission meeting was adjourned at 9s45 The next meeting will be Monday, April 1, 1991 at 7*00 p.m. ■ -ialAiamlilAAt MINUTES OF THE ORONO PLANNING COMMISSION RIGHNAY 12 CORRIDOR WORK SESSION HELD FEBRUARY 27. 1991 ATTENDANCE: The Orono Planning Commission met on the above date with the following members present: Planning Commission Chair Charlie Kelley, and Planning Commission Members Jeffrey Johnson, Maureen Bellows. Ed Cohen, Jim Hanson. Candace Rowlette and Sara Moos. The following represented the City Staff: Building and Zoning Administrator Mabusth, Assistanc Planning and Zoning Administrator Gaffron, Public Works Director John Gerhardson, Transportation Engineer Gary Rylander, and City Recorder Scheffler. Also present were’Sherokee Use. Bob Wyatt. Don Scott. Liz LeVang. John Meredith. Ann Cosgrove, Stevn Harris- John Massopust, and Councilmember Jabbour. Kelley called the meeting to order at 5:30 p.m. (#2)REVIEN OF SAFETY IMPROVEMENTS FOR HIGHWAY 12 Kelley asko' I'y'* .r:J .o o/.'.ient his information regarding the proposed safety • ..iOuOw .'iaantc . Mr. Rylander displayed a sketch showing the s-afety improvements MNDOT is proposing for Highv/ay 12. He said, "The improvements will occur from the traffic signal in downtown Long Lake, just past the traffic signal ar. Old Crystal Bay Road. The improvements will consist of widening, installation of center medians, and combining and closing access points. There v/ill still be only a single through traffic lane in each direction, as there is today. There will be a slight re-alignment of North Brown Road opposite the existing commercial driveway to the south. There will be a ' right-in/right-out’ into Virginia, with a raised median. There will be full movement intersection at Shaugnassy Circle, Brimhall Avenue, Tamarack Avenue, Willow Drive, which would receive a traffic signal. There will be full access at Washington Scientific Industries, otherwise the raised median runs its length and tapers back down to the existing configuration on the approa-ch and at the Old Crystal Bay Road signal. These improvements are scheduled for 1993. out the current budget situation with the State may cause that to be further delayed." Kelley asked Rylander who it was that initiated this plan. Rylander stated that the plan was drawn by MNDOT. Gerhardson added. "The cities of Long Lake and Orono approached MNDOT and requested that these improvements be done." Rowlette commented that the project began mainly due to the need for a stop light at VUllov; Drive. come. Cohen asked from v/here the funding for the project would - 1 - r t’- PLANNING COMMISSION FEBRUARY 27, 1991 HIGHWAY 12 WORK SESSION Gerhardson replied. "MNDOT will pay for a large portion of rhe project, but the City of Orono will participate in the acquisition of right-of-way. and a percentage of the traffic signal cost." Cohen asked why right-of-way acquisition is necessary and what property would be acquired. Rylander explained that there has btien discussion about extending the curb and gutter and storm sewer along the north side of the Highway 12. Gerhardson said, "That is correct. Acquisition will only occur on the north side of Highway 12, because of the restriction on the south side in Long Lake. Tne acquisition is necessary because of the turn lanes and drainage control. Kelley asked if it would be necessary to take additional jcight—of—way in front of Otten Brothers. Gerhardson stated that the additional right-of-way required for this project was included in the commercial development of the Otten property. He said. "It will be necessary to obtain additional right-of-way from Otten Brothers east to the Orono Shopping Center." Cohen asked condemnation. if the acquisition would be State Habusth said. "That is correct. However, due to the fact that Orono*s population exceeds 5,000. the City must share in the costs." Bellows asked if the City of Long Lake would share in the acquisition costs. Gerhardson replied, "The City of Long Lake will only participate in the cost of traffic signals." Kelley asked if the s.^fety improvement plans have been ^ppfoved by the Long Lake and Orono City Councils. Gerhardson replied, "The City Councils for Long Lake and Qfono have given preliminary approval. However, neither Council has given final approval." Hanson asked Rylander to e;:plain more specifically the improvements planned for Brown Roac. North. Rylander replied, "The road will be re-aligned to be s^j^aight across from sn existing commercial driveway. It will also be widened slightly." - 2 - r . jj,i. lx I 5| i'. K:-. i!': si' I: mm- PLANNING COMMISSION FEBRUARY 27, 1991 HIGHWAY 12 WORK SESSION Mabusth clarified, "The intersection of North Brovn and Highway 12 is fairly wide now. Ttie safety improvement will basically amount to a definition of lanes so that people know \^here they should be in the intersection. Rylander stated that there will be two approach lanes, one for right turns, and one for left turns and left/through. He added, "With the channelization, there will also be a left-turn lane from Highway 1.?." Gerhardson stated that North Brown would also come in at more of an angle than it does now. Hanson stated that it may be necessary to do some grade changes as well. Kelley referred to information contained in his packet regarding the position of two Metropolitan Cour jil members on the upgrade of Highway 12. He read portions of Jeanne Mabusth’s memo which resulted from phone conversations she had with Can Ohrn. Principal Planner, and Natcho Diaz, Transportation Manager. Both Ohrn and Diaz supported a "no-build" position and encouraged the City of Orono to stand by its Comprehensive Plan. Mabusth noted that the Metropolitan Council were on record as being opposed to Highway 212, which is in t;he process of being constructed. Bellows stated that the positions aid information provided by Larry Dallam and Natcho Diaz are contradictory and confusing. She said, "I think the City ought to pursue the Highway 12 Corridor issue with the Metropolitan Council, and get them actively involved. However, I believe that their position is not going to have any impact on MNDOT's decisions." Cohen concurred. As a point of interest, Rylarier stated that Larry Dallam, at one time, held the same position that is now held by Natcho Diaz at the Metropolitan Council. Bellows asked Mabusth to elaborate on Mr. Dallam’s statements about MNDJT realistically considering Highway 55 and County Road 6 as alternatives. Mabusth replied, "I came right out and asked him. There has been much discussion at our meetings about the fact that 1-394 stops at our border and because of that, existing Highway 12 would seem to be the likely choice for MNDOT to make. Based on the Metropolitan Transportation Plan, enclosed for your consideration, places 1-394 at the intersection to Highway 101. I asked him if the northern corridors are in fact being seriously - 3 - .--i- t k ¥ I;, f'V. ¥ ’;. r. % a- hf. ■i; PLAmUMG COMMISSION FEBRUARY 27» 1991 HIGHWAY 12 ViORK SESSION considered. Mr. Dallam told me that those corridors are being considered and there is no preconceived decision. He advised that both Highv.ay 55 and County Road 6 have intersections at 494 that could be used to bring traffic to 394. The intersection at County Road 6 is currently under construction." (IS)DESIGNS OF EXISTING, UPGRADED ROADS . . , . Kelley suggested that it may be more beneficial to have Rylander give his slide presentation, (item #5) on road design at this time. Rylander gave his slide presentation v/hich focused on existing corridors (freeways and expressways) constructed in constrained areas. He showed a section of 1-94, heading east from 1-494/6)4 in Washington County heading tov/ard Wisconsin. He stated that the right-of-way width is 300 faet, which is very wide and most preferable when adequate land is available. As a contrast he showed I-35E, in downtown St. Paul near the James J. Hil.'. House and the Children's Hospital. This design included four lanes (a par)cway-45 mph maximum speed), 20-foot high retaining walls, raised concrete median barriers, and a frontage road. The right-of-way for this road is 104 faet, not including the frontage road and wallcways. Rylander noted that the left-hand shoulders of the road ace more narrow than usual. He said, "There was a great number of design exceptions granted this case. T)iis daes show that it is possible to have a four-lane road, with no interchanges, in a width of 13.0 feet. ^It is necessary to have additional right-of-way for access ramps. The next example of road design shown was Trunk Highw.-.y 252, which is an expressway located in Broo)clyn Park. Highway 252 connects Trunk Highw.ny 6l0 bridge and 1-694 and has a right-of-way width of 175 f«et. The road design includes four lanes, shoulders, signalized intersections, and access control, which means there are no driveways. The recommended speed of this expressway is 55 mph for high speed movement of traffic. A portion of 1-394, west of Highway 100 wns shown next. This road is being constructed with three lanes in each direction, with the inside lane being designated as an express lane for carpools, buses, etc. The right-of-way for this design 274 feet, including noise wails, two-way frontage roads on both sides, and a bike path. The right-of-way width does not include the extra footage required for access ramps. Kelley asked Rylander if he nad a road design showing a one lane, two-way highway, much like existing Highway 12. Rylander replied, "I did not include such a design in my slides because the current traffic volumes for Highway 12 indicate that more lanes are needed." - 4 - ■ 4-,. ''f & Si it f I" V-s ’ '■ ; i i- z< rT. ' r .k_i t . ? t-:' t- 'T\r- ' ■ 'f I .J^• m-mZ. PLANNING COMMISSION FEBRUARY 27, 1991 HIGHWAY 12 WORK SESSION Kelley stated that it seems that someone has already jumped to the conclusion that the road will be four lanes. said, **I am not sure that we need a four-lane road. I have not seen documentation that would support that need." Rowlette stated that she had gathered information from a MNDOT meeting she attended. Tne information included projected traffic counts, and the type of road needed to address various volumes of traffic. Rylander stated that once traffic counts reach a level of approximately 20,000 on a one-lane, two-way highway, it is time to upgrade to a four-lane, or three-lane design. Cohen stated that in his opinion, Highw.-,y 65, which extends from Blaine to Cambridge, is a good highway for moving traffic. He said, "Although the median strips seem to be excessively wide, the road effectively handles a lot of traffic. I also think Highway 1<39 that extends from Elk River to Princeton and Milaca is a good road design." Cohen asked Rylander if he could project how wide the roadbed for Highway 65 may be. Rylander stated that both roads cited by Cohen are examples of expressways. He said. "The typical width for a design such as Highway 65 is 60 faet from the inside edge of the traveled lanes in each direction. The minimum width is 54 feet. The reason for the width is to protect a vehicle that may leave the roadway and encroach into the median ditch. This minimizes the potential for head-on collisions." Cohen asked if a concrete barrier could be used, which would reduce the median width, but serve the same purpose. Rylander replied, "The median width can be reduced to 24 or 25 feet. A left shoulder would still be needed, along with a little bit of clearance to the barrier." Cohen asksd if such a road could be constructed within 1. 5 to 120 feet of right-of-way. Rylander replied, "Yet*, with the exception of intersections, where left turn lanes would need to be provided." Kelley stated that Highway 7 might be an example of the road design to which Cohen is considering. Rylander stated that Highway 7 nas a lot of accidents because there is not sufficient clearance room to the barrier. He stated that Old Highway 15, now Highway 1'59, has similar problems. Cohen asked what the existing right-of-way is for Highway - 5 - I;-'-- V. ,*r h. N*i til: -■ V'l. PLANNING COMMISSION FEBRUARY 27. 1991 HIGHWAY 12 WORK SESSION 12. Mabusth aid Gerhardson s::ated tliat there is 130 faet of right-of-way in front ov Otten Brothers. Cohen asked if anyone knew the e tisting right-of-way for County Road 6, west o: Highw./ 101. Gerhardson replied, "The right-of-way is 66 feet. It may be more, up to flO feet, :.n some places due to dedications that occurred with recent subdivisions." Kelley asked how traffic counts are done. ;<ylander stated that traffic counts are taken in different ways, depending on what purpose the count has. He said, 'A count would typically be taken every 15 minutes if the purpose is v find out whether or not a traffic light is needed. VJhen a count is done for the purpose of highway design and traffic forecasting, it is usually done on an hourly basis. Average, daily traffic volu»r'? counts may not be that useful because the problems generally occur in the morning and afternoon rush hours. Traffic counts used to determine how long a left turn lane should be and the timing of a traffic signal are based on peak periods." Kelley asked Rylander if, in his opinion, the maior problem for Highway 12 is commuting ‘raffic. Rylander replied, "Highway 12 does not only handle commuting traffic, but is also a Regional highway, with State-wide importance for farm—to—market traffic. It is an interstate tilol^w^y from Wisconsin into the Dakotas and carrier a higher p9fC0ntage of truck and other types of through traffic. VJhen you add the commute of the afternoon peak hour to that normal through traffic, in addition to local traffic, that causes the problem. Highway 12 as the extension of 1-394, is one of the most significant farm-to-market and iiegional highways in the entire Twin Cities/Metro system. if you look at a Regional map, you see that 1-35 serves the north and south. 1-94 serves the east, but it angles to the northwest to serve St. Cloud and Fargo. The areas to the west and southwest is really not served by an interstate." Kelley stated that there is Highway 159 to Mankato. Bellows added that Highways 2.2 and 7 serve the south and southwest. Rylander said, "Those Highways serve those areas to some degree. The need to serve thone areas is the impetus for developing Highway 212." - 6 - - -I ttim h PLANNING COMHISSION FEBRUARY 27, 1991 HIGHWAY 12 WORK SESSION Kelley asked how rrany other corridors, .in addition to Highway 212, will be necessary to serve the western commerce. Rylander replied, "That is what the modeling and forecast process considers. VJhen the traffic volumes are developed, certain assumptions are made in regard to other roads that exist. It is that kind of modeling that is being done by Howard, Needles and Associates for Highway 12." Kelley said, "I cannot believe that with existing Highway 55, and the future Highway 212, that there is a need for yet a third corridor." Rylander said, "Highway 55 and Highway 12 are fairly close together in some locations, but angle far apart .in others. Highway 53 has the same kind of capacity problems during peak periods as Highway 12 experiences. It is my understanding that the City of Plymouth is proposing that some of the at-grade traffic signals between 414 and Hamel, be replaced v/ith raised interchanges.” Cohen stated that the issue becomes one of finances and that the Highway 12 project could be 5 to •.5 yea’-s away. He said, *I look that the issue this way: There is a lot of traffic on Highway 12 during the entire day. I do not believe that we will see Highway 12 upgraded to a freeway. H<3wever, something has to be done to address the flow of traffic. Vie cannot say that we want nothing to happen. Via have to consider the best interests of Orono and its citizens. I do not believe that anyone is in favor of a Luce Line corridor, so that is eliminated." Rowlette askad why MNDOT would be considering the Luca Line corridor after selling a piece of property that would access that corridor to the City of Wayzata. Kelley said, "I do not beli .'e that one department knew what the other department was doing.’ Cohen continued, "I believe we need to def.ine the term upgrade and determine what we would like to see. I still think that it would be logical for the City of Orono and City of Long Lake to merge together." Kelley agreed and stated that should be part of the Planning Coimaission's recommendation. ft I* t- ? Cohen sh^J, "We need to look at upgrading the e.:isting Highway 12 the near future to addre.ss the congestion, and that nay be a step toward merging the two cities. The corridor should go up Highway 101, which is already four lanes, and dov/n county Road 6 which can easily be widened behind the Hr.gh School. Truck traffic could be forced up to Highway 35." - 7 - >r. ■A, fT^' i; PLANNING COMMISSION FEBRUARY 27, 1991 HIGHWAY 12 VJORK SESSION Kelloy said, "V/hen MND:)T installs a stop light at the Intersection of Willow and Highv/ay 12, it will slow traffic on Highway 12 even further. Tt may force people to look for alternatives. Highway 6 nay come into play automatically.” Bellows stated that there are already several traffic lights on HlghwaV 12 and was not certain that one more v/ould dater people from taking Highway 12. Hanson suggested that people will not take Highway 6 In lieu of Highway 12 until Highway 6, east of 101, becomes open. Cohen stated that it is unlikely commuter traffic will loop around Highway 12 to get to 1-394. Rowlette agreed and said, "The shortest distance betv;een two points is a straight line. People will continue to use Highway 12 no matter what.” It is the consensus of the Planning Commission that something needs to be done to existing Highway 12 to address the traffic congestion and safety problems. Kelley asked the members if they all agreed that there should be no corridor south of Highway 12. All Planning Commission members agreed that there should be no highway corridor south of Highway 12. Kelley asked, **Oo any of the Planning Commission members foresee a need for another east/west corridor to be constructed ir. Orono?” The consensus of the Planning east/west corridor shou .d not be existing roads should be utilized. Commission is that another constructed in Orono, and Bellows stated that after seeing signs posted in the City of Long Lake, she questions the level of cooperation Orono will have in working with t:. jm on this issue. She asked. "At what level can we possibly determine if it is equally naive of us to assume that there will be any opportunity to work together?” Kelley stated that the Planning Commission cannot act on the issue of merging with Long Lake, but can recommend that for Council's consideration. Rowlette said, ”I do not think we should hinge any decision we make on the possibility that something may happen with Long Lake. There are Long Lake Council members that are on committee responsible for all of the signs.” the - 8 - r i'- r: 'i:- I- r- I' I ■r'j |V f-> % -> ^1' It"- J?} m .r i J- . [■I iL; J. PLAHNIMG COMHISSION FEBRUARY 27, 1991 HIGHWAY 12 WORK SESSION Kellay asked the Planning Commission if they would agree to recommending that> at some point in the future, the City of Long Lake and Orono should be combined. The Planning Commission, with the exception of Jeff Johnson, agreed that such a recommendation made good planning sense for the future of both communities. Johnson indicated that making such a recommendation may "open a can of worms". He said, "I think a recommendation such as that may be construed by Long L?ke citizens as being adversarial and a take-over." Kelley believed the opposite, and that making such a j^econunendation may send a positi*/e message to Long Lake that Orono wants to work with them. Kelley said, "I think the City of Long Lake views us as trying to take over because they do not know what our intentions are. I think they believe that Orono wants to wipe out downtown Long Lake and reconstruct it ;ip on Highway 12. That is not my intention." Rowlette agreed that merging the cities together made good sense from a planning standpoint. However, she did not believe, realistically, that the City of Long Lake would approve. She said, "I was President of the Long Lake Chamber of Commerce for two years. The Chamber is very small and it is sometimes difficult to accomplish everything we wanted to do. 1 had once made a recommendation to the Chamber that we consolidate with the Westonka Chamber of Commerce. They almost cut my head off at the thought that they would lose their identity of Long Lake. They did not care about the benefits that would have resulted from consolidating. They probably would not care if we consolidated, as long as they remain known as the City of Long Lake." Bellows statad that the Planning Commission recommendation should be stated in such a manner so that it will not give the City of Long Lake the wrong impression. Kelley said, "Mo/ing on. I think need to state reasons to support o-ur reccmroendation. I believe that our 1980 Comprehensive Plan provides the support d<)cumentation we need. It addresses environmental concerns as well as zoning issues. I am not in favor of rezoning districts, especially to a higher density than what now exists. I believe that locating the corridor somewhere in Orono other than Highv/ay 12 will bring pressure for rezoning." Bellows stated that not many of the citizens that h.id attended the February 20, Public Hearing, favored County Road 6 as an alternative. She said, "I think it would be easier for the City to defend Highway 12 from a zoning standpoint than County Road 6." Cohen stated that he agreed with Bellows and Kelley to a - 9 - -y • I.-: if h M r : fH 1v r(tjj.Mv: i-l.'' rI' PLANNING COMMISSION FEBRUARY 27, 1991 HIGHWAY 12 WORK SESSION certain extent. bit that County Road 6 has more e •-.a for constructing a three or four-lane highway, than Highway - -. He said, ’’I drive that road daily and look at the stretch wt roa*^ between Billy's Lighthouse and Willow Drive. Ttie only v;ay a widened roadbed can be constructed through that area, is to wipe out downtown Long L.ike." Rowlette expressed concern about d.viding the wity v/tth a major expressway or freeway. She cited an example involving a friend that resides in V/ayzata. Sne said, "Beyond my concerns about dividing the Community, I am also looking into the future. Shouldn't we, as Planning Commission ro«ambers, look beyond the short-term future, into the long-term? If improvements are made to address traffic as it is now, don't we have to assume that more improvements will ha/e to be made as traffic continues to increase? If you think about the long-term, it seems to me that 2 full-fledged freeway is inevitable. If the Planning Commission selects the existing corridor for short-term improvements, then that same corridor will becoma a freeway and will divide the Community. Mi. Mi.resh, at the February 20th meeting indicated how dividing the Community wou d affect the* School District and busing. I think we need to look at County Road 6." Cohen stated that given the project schedule MNDOT has for upgrading a corridor, eight to ten yoars, it may be best to consider whatever improvements are needed for Highway -.2 now, yet keep in mind what m.ny need to be done in the long term. He said, "By the time long-range improvements are needed, the Cities of Long L.ske and Orono may b*3 one- VJo first need to address the commuter pressure on Highv/ay 12. The safety improvements are not scheduled to oc. until 1593 or later." Kelley asksU Rylander what he envisioned to be the next step fQg I'J in order to address the traffic and safety problems between North Brown Ro.^id an5 Old Long Lake Road, and whose responsibility would H- t^ itiitiate ftirther improvements. Gerhardson noted that the section of Highway 1.? between Oid Long Laka Road an; North Brown are scheduled to begin once the ;iillow Drive/North Brown Road suction is completed. Ha said, "The initial Resolutions indicated all of Highw.sy ,2 in Long Lake to receive safety improvements. flUDOT scheduled the Viillow Qtlve section first, and I believe that was due t'* Orono's push for a traffic signal at Willow." Kelley suggested that it m.-y be best for the Planning Commission to make a short-term and long-term recommendation. Rowlette stated that whatever corridor is selected for short term improvements will more than likely be the selection for long improvements. She said, "I would think that MNDOT would - 10 - !^rI I-H ItV \i ■ v:': ■';h W-i t£- i-:' fo II;p:p PLANNING COHMISSION FEBRUARY 27, 1991 HIGHWAY 12 WORK SESSION take all tl'e right“of-v;Ty thoy wou.d nsc'd for lon9-terin improvements as part of the short—term project." Kelley asked, "If that is the case, then wouldn't the scheduled safety improvements for Highway 12. preclude where the corridor will be located?" Rowlette replied, "Not necessarily." Johnson asked if the immediate safety improvements scheduled for Highway 12 would yield any additional traffic capacity. Rylander replied, "There will be a small increase in capacity by adding right and left-turn lanes. Traffic will flow a little better." Johnson stated that Haward, Needles 4 Associates is doing additional studies and gathering more information on the issue. He asked Rylander if tlie more information about the v/«;stern communities now served by Highwr*y 12 would be included. Rylander replied, "Yes. Hov/ard, Needles will be attempting to better define the motorists that use the Highway. Where they are coming from and going to? This information is important in determining how those motorists affect peak traffic hours." Bellows asked how far v/est the study extended. Cohen and Hanson stated that they understood the study to extend just beyond the City of Delano. Johnson stated that due to the* Regional, and farm-to-market nature of Highway 12, that the study would have to extend beyond Delano. Rylander stated that one of the reasons MNDOT's perspective is different thsn the Met Council’s Is becau:ie the look at traffic from a Regional view; Met Council views traffic from a metropolitan commuter position. He added that if the Met Council had their way, they would have traffic everywhere metered in the way that is done on access ramps, because that would reduce the pressure for ex-urban sprawl into rural areas. They view the traffic signals on Highway 12 in the same light as ramp meters. Traffic signals control the capacity." Rowlette stated that traffic on Highway 12 is a problem all day, not just at peak rush hour. Kelley agreed with Rowlette. He stated that the City of Orono has begun to look at the manner in which traffic flows on Highway 12, and how the road could be better utilized. Ho stated that a frontage road had been considered along Highway i2 from - 11 - ■f € li y PLANNING COMMISSION FEBRUARY 27, 1991 HIGHWAY 12 WORK SESSION North Brown to VUllow to get traffic off of High\;-iy :2 and bri.ng it out at the stop light on VJillow. Kelley added that the City of Long Lake needs to be encouraged to look at similar issues. Cohen reiterated that the i.nmediate consideration i? to address the existing traffic and safety problems. He said, "Taking into consideration MNDOT's budget and their priorities, shouldn't we take the existing corridor ^nd upgrade it to a degree that addresses the present problems?" Kelley replied, "Yes, we should absolutely make that recommendation, and add that the City Council should try to work as best they can with the City of Long Lake." Rowlette asked, "Are you saying then that we recommend only an upgrade to Highway 12 and that we nvot discuss any kind of corridor?" Cohen replied, "I an saying that w.* n«"ied to look at immediate needs. Once that has been done, I would be willing to look at alternatives for the long run when funding is available." Kelley reminded Cohen of the need to corridors from the map a.n possible for the iflshing to buy or sell homes in this area. remove as many sake of persons Cohen said, "I would take the position then, that the existing corridor shou .d be selected, but I am not totally opposed to County Road 6 as it comes from High 101." Johnson stated that he agrees with comments made at the February 20 Public Hearing which suggested that Highv/ay 5*5 be used to address the Regional truck traffic, and than Highw.sy 12 be upgraded to address the safety and congestion issues. for Kelley agreed that Highway 12 should be viewed as a corridor serving local commuter traffic, and not the atea west of Nilmar. He suggested that outstate traffic could be re-routed from Highway 1.2 onto Highway an a point where the two corridors come fairly close together. The Planning Commission asked Rylander to dravv a north/south line on the map between Highw.ay :2 and Highway 55. just past Highway 25 as it heads north to Buffalo. Rylander played "devil's advocate and said, "The objection you would get in response to such a proposal is that once you dump the commercial traffic onto Highway 55. there is not a good route. Highway 55 does not really connect with other freeways on the interstate system. In addition, Highway 55 is experiencing similar, or worse, capacity problems as Highway 1.2." - 12 - r I'I- m.:. S;. \Sh: V- £ :!vv PLAHNING COMMISSION FEBRUARY 27, 1991 HIGHWAY 12 WORK SESSION Bellows asked if the capacity problems were east or west of 1-494. Rylander replied, "Both. Rowlette reiterated the unliklihood of getting traffic to go up to Highway S5 and then route back down to 1-394 , rather than going straight on Highway 12, Kelley asked the Planning Commission if they agree that Hiahwav 12 should be viewed as more of a metropolitan corridor. ?illey siid. "Sy p^osition is if we move the corridor from where it is currently, Orono will experience some real problems I not believe that I nave enough documentation to make a recommendation about the number of lanes needed. I should leave it up to the professionals to develop the existing Highway 12 with safety standards first. I do not want a road with traffic moving at 55 mph with no stop lights. I envision a road with a speed of 45 mph and a few traffic lights. Hanson said, "As long as we are dealing with Regional and interstate traffic, I believe that would be a conflict. Kelley and BtJllows stated that Highway 12 is not meant to csrrv Regional and interstate traffic. Rylander said, "I think the State will disagree with that. You may not wish Highway ; 2 to carry interstate traffic, but in fact it does, and is intended to do so." Kell#»y stated that roads have besn re-designated, such as county Roid 18 being re-designated to Highway 169. He suggested that i^rhaps Highway 55, from 1-494 to Highway .2 near Rockford, could be re—designated as Highway 12. Rylander replied. "That is two separate issues in my opinion. One was a jurisdictional issue that County Road 18 w^s serving as a principle arterial and it is more appropriate that all arterial roads be under control of the State. In this case. Highway 55 and Highway 12 are both Stata Trun< Highways. Kelley asked, "Then how many major roads do we need going west?" Rowlette said, "Obviously we need more if H.’.ghways 12 and 55 are beyond their maximum capacity." Kelley suggested that the Planning Commission focus their recommendation on location, rather than size and asked how many members favored designating the existing corridor. Hanson, Bellows. Kelley, Moos, Johnson and Cohen recommended 13 - I f- r.: k i. T tn- 1'/ U- t;'‘ ■^v [5-^i-' t:.: 1:-n- ‘X-^1: XX- I* »»' iP :v • f., PLANNING COMMISSION FEBRUARY 27. 1991 HIGWJAY 12 WORK SESSION designating the existing corridor. Rowlette did not concur. The Planning Commission further recommended that the City of Orono work very closely with the City of Long Lake with regard to obtaining agreements and resolutions for upgrades and safety improvements on Highv/ay 12 from North Brown Road to Old Highway 12. With respect to access points and speed, Kelley stated that he preferred not to leave those decisions to professionals. He said. "I an not in favor of a four-lane expressway with 5t mph speed limits. I am more in favor of something that is suitable for the character of Orono and Long Lake. That would probably include traffic lights and a maximum spesd limit of 45 mph. I would like the road to remain two lanes, but I think that is unrealistic. Throe lanes, with a reversible lane, raiy be appropriate." The other Planning Commission members indicated that it would be unrealistic to have 45 mph speed limit with a three lane configuration. Cohen said, "I would like to recommend that the road be upgraded to safety standards now, including an upgrade of the road bed to address traffic congestion, with the idea that in the long run it will be four lanes as it exists just outside Orono in Uayzata." Rowlette said, ”I cannot vote for the existing corridor. First of all it will eliminate downtowi Long Lake. When the day comes, and I believe it will come, that the road becomes a freeway, it will divide Orono in half. I have problems with the school and busing issues. I cannot approve this corridor and look only at the present needs. I have looked beyond to the far future." Cohen said, **I agree with what Candy is saying. However, I believe that t.he problems we will invite with rezoning and commercial development, should we choose County Road 6, will have a worse impact on the City.” Rowlette stated that upgrading Highway 12 to a freeway will mean the demise of many Long Lake businesses that would not recover if forced to relocate. She added that the freeway would also eliminate the Duma.? Apple Orchard. She said, "There are a lot of peoples' livelihoods, not just homes, at stake. I nave a problem with that. I do understand the problem with County Road 6.- Kelley asked the Planning Commission whether they would like to maks a recommendation to divert traffic off of Highway 12 to Highway 5 at some point. - 14 - V,. f! 5>* a-:->A-1^ PLAHIIING COMMISSION FEBRUARY 27, 1991 HIGHWAY 12 WORK SESSION Rowlette state;! Highway 55 already has the same problems as Highway 1?. Kelley said, "That may be true, however, we can at least include a statement to that effect in our recommendation." Bellows asked whether recommending a specific maximum speed would provide a means of limiting the number of lanes and width of roadway. She said, "If we a recommend a four-lane road with a specified speed limit, all MNDOT will read is that we are recommending a four-lane road." Johnson said, "I think we should address safety and improved traffic capabilities." Moos suggested recommending two lanes vyith turn lanes and other safety upgrades. Cohen, Rowlette, and Hanson stated that they could not vote for two lanes because it is unrealistic. It was the consensus of the Planning Commission that they make no reconunendation as to number of lanes. Johnson suggested that no speed recommendation be made either. Cohen and Rowlette concurred. Rylander said, "Obviously, speed, number of lanes, access, are all related. There have been attempts made with other roads to restrict capacity by lowering speed. The slide of I-35E I showed you is an example of that. It has a 45 raph speed designation and trucks are prohibited. The 45 mph speed limit has essentially been a joke because it is so unreasonable. The speed limit was essentially a political concession to the people liyiug near the road who believed that the lower speed limit would be more quiet and would discourage people from using the road. I would imagine that the expressway MNDOT would be considering would havs a 55 mph design, much like Highway 65 going north out of the Twin Cities. There would be four lanes and traffic signals. It will be impossible to hold traffic to 45 mph. ” Mabusth 5sked Rylander to address toe issue of access points. Rylander said, "Access points are critical. It is necessary to reduce the number of access points and space them 2pp]fopriately to provide what we call through band progression. The goal is to allow the mainline traffic to flow through the signals continuously, minimizing the number of stops, while - 15 - ^1. k br. J.'.' % r. i- PLAmUHG COMMISSION FEBRUARY 27, 1991 HIGHWAY 12 WORK SESSION allowing access for cross traffic." It was the consensus of the Planning CoiTu-ni ssion to make no speed or lane reconunendation at this point to MNDOT, but ave e record show that the issue v/as discussed. Rowlette said, "I wou .d like to include in our recommendation the statement that wa want the road to be less than a freeway or expressway. We are looking for something in order of a boulevard or parkway. Tho Planning Commission agreed. Rylander stated that parkways and boulevards refer to low volume roads. He suggested that an expressway may oe more appropriate and that is the same as the road going through Blaine. The Planning Commission agreed to upgrading to a minimum width expressway at the most, providad it has less median than Highway 65 in Blaine, much like Old Highway 12 that extended through Golden Valley. In summary, the Planning Commission agreed six to one to recommended that the ‘safety improvement project scheduled for North Brown Road to Willow Drive be done as soon as possible, it is further recommended that the -^ty of Orono do whatever to work with the City of Long Lake on this issue o. safety improvements from North Brown Road, east, as long-term plans for Highway 12. It s essential for » Comprehensive Plan to be upheld as much as possible, and that the concerns of the School Board and Metropolitan Council be considered. Tho Planning Commission recommended that MNDuT be asked to consider carefully the traffic counts and « in order to determine how much of an upgrade is needed, that Highway 12 should not be the only alternative considered for addressing the Regional traffic flow and pressure from the west. Kelley requested that the Planning Commission be given the opportunity to review the recommendation in writing at the March 18, 1991 Planning Commission meeting before it goes to Council. ADJOOIHNBIIT ^ Kelley adjourned the meeting at 7:49 p.m. - 16 - t: >; r :• r!j;Ifr MINUTES OF THE ORONO PLANNING COMMISSION MEETING held march 20, 1991 A. ^ iftDANCE The Orono Planning Commission met on the above date with the following members present: Planning Commission Chair Charlie Kelley and Planning Commission Members Maureen Bellows, Jim Hanson, Candace Rowlette. Sara Moos, Ed Cohen, and Jeff Johnson were absent. The following represented the City Staff: Building and Zoning Administrator Mabusth, Assistant Planning and Zoning Administrator Gaffron, and City Racorder Scheffler. Kelley called the meeting to order at 4:03 p.m. (#I>ZONING FILE #1457 « #1630-ALAN G. CARLSON 3140 NATBRTOIIH ROAD AMENDED PRELIMINARY SUBDIVISION AND CONDITIONAL USE PERMIT COMTINOATION of PUB1.IC BEARING Gary Peterson ./as gtec;.»ni: on behalf of Alan Carlson. Kelley re-conventJ tne Jui''!:: Hearing on this matter at 4:03 p.m Mabusth noted that Oi.tlot B is proposed to be developed with a gazebo, as well as a tennis court. She said, “I have nothing specific to show you regarding the gazebo, but have been told that it will contain a lavatory, which would have a holding tank. The holding tank would require City Council approval. Staff’s concern pertains to the way in which a 10,000 ton pump truck would access the holding tank, since there is only a trail leading to this structure." Kelley asked Gary Peterson if he would prefer to have the matter tabled until more information can be provided relative to the gazebo. Pederson asked if the Planning Commission could give conceptual approval, pending review of the plans. Kelley stated that he would not give conceptual approval, but he would maks a recommendation on the preliminary subdivision, excluding the tennis court and gazebo. Hanson stated that though he did not totally approve of the structures being located on an outlot, he approved of having one tennis court, as opposed to several private tennis courts. He said, "I think a holding tank could be reached with a hose, if necessary Rowlette indicated that she bike trails in the wetland area, two applications. wis concerned about locating She suggested se *ating the Kelley stated that the issue of the accessory structures on - 1 - # li.rr"' fclii PLANNING COMMISSION MEETING (RE-CONVENE) HELD MARCH 20, 1991 (#1 A #2)ZONING FILES #1457 ft #1630-/JLAN CARLSON CONTINUED an outlet constitutes a new policy issue. He suggested that the Planning Commission vote on the issues covered under existing ordinances* and allow the City Council to address the new policy. Kelley closed the Public Hearing at 4:.0 p.m. It was moved b/ Kelley, seconded by Hanson, to recommend approval of the preliminary subdivision, excluding the proposed bike trails, tennis court and gazebo, which should be considered by the City Council because there is no existing ordinance to address the issue of accessory structures on outlots. Hanson noted that such issues could be considered if this were a PRD rather than a straight plat. Bellows noted that at such time the issue is referred back to Planning Commission, that the applicant be prepared to show plans and elevations for the proposed structures. Motion, Ayes-4, Nays-0. Motion carried. (#3)ZONING FILE «1621>TERRY ft JONELL JOHNSON 1045 LINDEN LAMB VARIANCBS-COMTIHUATION of public hearing It was r >ved by Bellows, seconded by Hanson, to table this application. s requested by the applicants. Motion, Ayes-1, Nays-O. Moti passed. (»4)ZONING FILE «1622-F. JOHN HARDIN 1496 PARK DRIVE VARIANCE-CONTINUATION OF PUBLIC HEARING John Hardin was present. Kelley re-convened the Public Hearing at 4:12 p.m. Hardin showed the Planning Commission the floor plan for the proposed addition in relation to the existing house. Kelley closed the Public: Hearing at 4:13 p.m. It was moved by Kelley, seconded by Bellows, to recommend approval of a front yard setbacx Variance to construct an addition to an existing residence at 1496 Park Drive, based on the hardships posed by the snape of the lot, the inadequate size of the existin', bedrooms, and the location of neighboring houses in relation to the street. Motion, Ayes-4, Na/s-0. Motion passed. - 2 - r: u. 4#^ 1•i PLANNING COMMISSION MEETING (RE-CONVENB) HELD MARCH 20, 1991 (#5)ZONING FILE #1623-KEENAN a JEAN RICHARDSON 2500 WOODHAVEN DRIVE CONDITIONAL USE PERMIT-CONTINUATION OF PUBLIC HEARING Keenan and Jean Richardson was present. Kelley re-convened the Public Hearing at 414 p.m. Gaffron explained for the benefit of Dr. Richardson the past policy of the Plan . mg Co-nmission regarding after-the-fact penalty fees, noting chat the Planning Commission does not have the authority to waive the reguire'nent. At 4:16 p.m., Kelley closed the Puulir Hearing. It was moved by Bell s. seconded by Hanson, to recommend approval of a Conditionsi Usa Permit for Keenan and Jean Richardson, according to Staff recommendations ptsrtaining ti penalties and fees. Motion, Ay.js-4, Na/s-0. Motion carried. (#6)ZONING FILE il624-DAVID CARLSON (SHORBLINB MARINL • YACHT CLUB) 1955 SHORELINE DRIVE COMMERCIAL SITE PLAN REVIEW-CONTINUATION OF PUBLIC HEARING Steven Fichtel and Dave Carlson were present. At 4:17 p m., Kelley re-convened the Public Hearing. Nabusth provided a brief review of the application for the benefit of Rowlette. Rowlette questic:.ed whether the P-anning Commission h«id raised concerns about tae second level deck, being loct.ced wi^nin the 75 foot setbaclc area. Kelley, Bellows, and Hanson explained that the majority of ti-e structure is located within the "^5 foot setback area, which frequently occurs with marina facilities. Kelley asked Staff to convey to Council the Planning Commission's concerns .'cgarding the underground gas tanks and fuel dock, as discussed at the March 18, 1991 Planning Commission meeting. Kelley c.>sed the Public n.--‘ring at 4:20 p,m It was moved by Kelley, seconded by Hanson, to recommend approval of the Commercial Site Plan for D^;ve Carlson. Shoreline Marina and Yacht Club, as presented. Motion, Ayas-4, Na/s-0. Motion carried. P i ff:I-I. it' - 3 - .i ■ /■ r If. k*I fc' P'T V; I I'i f.te; PLANMING COMMISSION MEETING (RE-CONVENE) HELD MARCH 20, 1991 (#7)ZONING FILE #1625-DON OLSON 4590 NORTH ARM DRIVE VARIANCE-CONTINUATION OF PUBLIC H7.ARING Don Olson was present. Kelley opened the Publir He-ring at 4;?1 p.m. Mabusth briefly reviewed the O'.son's application. The Public Heai-ing was closed at 4^;’.4 p.m. It was moved by Hanson, seconded by Bellows, to reconutiend aporoval of application #1625, based on the hardship posed by the location of the existing structures on the property and tne screening provided on the side yard. Motion. Aycs-4. Nays-0. Motion carried. (#8)ZONING FILE #1626-TIM • BETH TRAFF 2683 MORTir SHORE DRIVE VARIANCE-CONTINUATION OF PUBLIC HEARING Tim Traff was present, as was Karen Schriver, Robert Mitchell, Attorney for James Mitchell, neighbor. on behalf of the Traff's Kelley re-opened the Public Hearing at 4:25 p.m. Tim Traff showc'd the setback line, after it ‘eet, as he agreed with h do. Traff also ’ t the proposed houa location of the average lakeshore been moved hack an additional five neighbor, Rollin Lacy, that he would Planning Commission a floor plan of Karen Schrivei reiterated the position of James and Pitric.a Mitchell, as noted in their letter to the City, and the comments made by their Attorney, Robert Mitcnell at the Mirch 13, 19>l Public Hearing. At 4:34 p.m., Kelley closed the P.4blic Hearing. v#as moved by Bellows, seconded by Hanson, to recommend denial of the side setback Variance to construct a new residential structure, based on the Planrng Commission's belief that a new structure should meet all reg-. "d setbacks, and that there is no demonstrated hardship to arraot the Variance requested. Mr. Traff disagreed, sta-. that his p.an w.ll reduce hardcover and place the houne •;* feet further from the property line than where the existing house now stands. He stated that the new house will increase tax revenues for the City of Orono, and that he should be allowed to have his home the way he would like it. Traff added that he should be allowed to place his h'*m <?s close to the average lakeshore setback line as - 4 - V'. . . . E. f.. ■ 1^ •■<. I- PLANNING COMMISSION MEETING (RE-CONVENE) HELD MARCH 20, 1991 (18)ZONING FILE 11626-TRAFF CONTINUED possible to take t ie most a'ivantage of the racreational, aesthetic and monetary value uf the home. Gaffron askiid the Planning Commission if they would recommend approval of a lot width and area Variance, if all other requirements are met. Bellows stated that she would recommend approval o‘ a lot width and area Variance because the hardship runs with the land because the City recognized the lot as buildable, and it is sewered. Hanson agreed. Motion, Ayes“3, Kelley, Nay. 'lotion carried. (#9)ZONING FILE •1627-SAH MCCLOUD RECORD LOT *22, BIG ISLAND AFTER-THE-FACT VARIANCBS-CONTINOATION OF PUBLIC HEARING It was moved by Hanson, second»id by Bellows, to table application #1627, as requested by the applicant. Motion, Ayes-4, Nays-0. Motion carried. (•10)ZONING FILE 11628-SARA A MARK FINNEY 4x95 HI6BNOOD ROAD VARIANCE-CONTINUATION OF PUBLIC HEARING Sara Finney was present. Kelley re-convened the Public Hearing at 4:36 p.m., and reviewed the Planning Commission's vievfs regarding this application and the intent of the average lakeshore setback. Hanson asked Mabusth if Staff had been able to view the lakeshore structure comprised of retaining walls, and a stairway. Mabusth replied, "We were unable to meet Sara on-site, but did have an opportunity to discuss the structure with her. Tiere is a deck which would appear to not meet the City's safety landing standards. The structure is approximately eight to ten years old. It may be appropriate for th^ Planning Commission to include in their recommendation a statement pertaining to this structure being recognized as a non-conforming structure. The City cannot guarantee that the applicants will be allowed to rebuild the deck at suvih time that it deteriorates, and any structural repairs that are deemed necessary will have to be approved by the City." Hanson was concerned about treating this non-conforming structure in a manner different than the way sucn structures are normally addressed, though he fully understood the innocence of the Finney's and the owners of the property prior to them. Bellows asked what measures the City wij.1 take to assure that the Finney’s and any other owners of this property understand the restrictions regarding the lakeshore structure. Mabusth stated that the resolution would include language - 5 - m f -r. ■ a sfi-: I- Vr' I V,, i; i'i- ■; PLANNING COMMISSION MEETING (RE-CONVENE) HELD MARCH 20, 1991 (#10)ZONING FILE #1628-FINNEY CONTINUEDplacing present and future owners of this property on notice that the structure cannot be repaired without Council approval, and that removal may be required, as well an a conforming access structure installed in the future. She added that the structure does serve a function as it supports the lakeshore bank. Kelley closed the Public Hearing at 4:‘‘.0 p.m. It was the consensus of the Planning Commission that Staff should determine the amount and condition nf .le underlying plastic beneath landscaped areas, in addition to obtaining measurements of the structure itself, aiid present that information to Council. It was mvOved by Hanson, seconded by Rowlette, to recommend approval of the average lakeshore setback Variance to construct a Daw foundation, possible replacement of. dack and three season porch, and addition to the existing residence at 419:» Highwood Road. The hardship for the Variance is the topography of the land. It is further recommended that the applicant be placed on notice that any structural repairs to the existing non-conforming structure in the lakeshore yard shall be subject to City approval. The applicant is directed to work w th Staff to minimice the visual impact of the structure. Motion, Ayes-4. Nays-0. Motion carried. (*11)ZONING FILE «1629-NCN0LTY CONSTRUCTION 1700 FOX STREET VARIANCE-CONTINUATION OF PUBLIC HEARING Jim McNulty and Hugh McMillan were present. Kelley re-opened the Public Hearing at 4:45 p.m. Gaffron reviewed the applicant's request, noting that the total square footage of the structure, including the proposed addition, would be less than the square footage approved when the building was first constructed. Hanson and Bellows stated their positions on the original application to construct th <3 accessory structure, as well as their views on the current application. Hanson stated that there were compelling arguments and hardships which existed for the first application, and do still. B:*llows disagreed, stating that she found no hardships existed with the first application, and that has not changed. She added that the City adopted an Ordinance specifically designed to address such applications, which provides even more basis for denial. Bellows further commented that thouvjh there is an existing residence on this property to accompany the accessory structure, it is for the most part unoccupied, and serves mainly as a guesthouse. - 6 - |r ' f { *• »• • r- « * ;< t i-fipr-j;'-' P-. S' .1^ I; i'i; I' %■ ft :*r pv t--. I r I i t- •ji r t*.u> PLAHNING COPOIISSION MEETING (RE-CONVENE) HELD MARCH 20, 1991 (ill)ZONING FILE 11629-MCNULTY CONSTRUCTION CONTINUED Rowlette stated that the house may not be occupied on a full time basis# however# it is a primary structure. Mr. McNulty reiterated the points made at the March 13. 1991 Public Hearing, and showed Rowletta a sketch of the existing building and the proposed addition. Ha also displayed a phot09raph of the structure. Kelley closed the Public H-aaring at 4: 58 p m. It w.as moved by Hanson, seconded by Rowlette, to recommend approval of aoplication #1629, in accordance with the conditions set forth in Resolution #2204. Motion, Ayes-2, Bellows, Kelley# Nay. Motion carried. (#12)RECOMMENDATION TO COUNCIL-HIGHWAY 12 CORRIDOR L'TODY Kelley asked Rowlette if she had any comments regarding her stated position on the Highway 12 recommendation that will bo presented to Council. Rowlette agreed with the draft presented by Staff. (il3)ZONING PILE 11618-WILLIAM PUCEL BALOOE PARK SKETCH PLAN REVIEW OF A PRD/SUBOIVISION VJilliam Pucel was present. He stated that he d .d not understand why the Planning Commission's views on developing Baldur Park had changed since the last sketch plan application. Kelley explained that ho had driven out to Bttldur Park several times and each time he sees the area, he becomes more and more convinced that it should not be developed. informed Mr. Pucel that he might consider development# if all Ordinances are met. Hanson agreed w.ith Kelley, stating that he would only consider deviating from a requirement to meet all Ordinances if in doing so, the access road issues could be addressed. He stated that the road is his main concern. B0IIOWS stated that until the Baldur Park Drive is upgraded to meet the City's safety standards, she will not consider any development. Mr. Pucel felt that the road issue could be addxessed. Bellows invited Mr. Pucel to present a plan that would meet the safety requirements for the road. - 7 - m:.. l 1 I PLANNING COMMISSION MEETING (RE-CONVENE) HELD MARCH 20, .991 (#13)ZONING FILE 11618-PUCEL CONTINUED Kelley reminded Mr. Pucel that the Planning Commission x=> only a recommending body, and that he can present his case to the City Council with the filing of a formal subdivision application. AOJOORNHBIIT The Mcrch 20, 1991, Meeting of tie Orono Commission, a re-con ver.e of the Marrh 18, 199 i. Commission meeting, was adjourned at 5:12 p.m. Planning Planning ■'Jk.-f.- t- -r' U- ri f f* ^1?-■f: ’fB- r ’» > &:i f^- *• *■■•- h[ P- ft "*’i* P 'K‘ p'■III P.:phW: lake minmetonka conservation district 473-7033 L.M.C.D. MEETING SCHEDOLE April 1991 WAR 2 9 1391 Saturday Water Structures & Environment Committee 7;30 a.m., Norwest Bank Building Wayzata 900 East Wayzata Boulevard, Suite 135 Superior Street, east entrance Monday Lake Use Committee 4:30 p.m., Norwest Bank Building Wayzata 900 East Wayzata Boulevard. Suite 160 Superior Street, east entrance Friday Eurasian Water Milfoil Task Force 8:30 a.m., Norwest Bank Building Wayzata 900 East Wayzata Boulevard, Suite 160 Superior Street, east entrance Wednea LMCD Board of Directors' Regular Meeting 7:30 p.m.. Tonka Bay City Hall 3-27-91 u * *i¥:•r. 'i: fc?:- lake MINNETONKA CONSERVATION DISTRICT 473-7033 EVENTS SCHEDULE April 1991 Saturday Holiday-Johnson Grapple Contest 12:01 a.u. to 2 p.m. Heigh-ln at Lord Fletchers of the Lake, Coffee Cove 3-27-91 f. %u- *■' .r m Kps-..ill*- LAKE MINNETONKA CONSERVATION DISTRICTLAKE USE COMMITTEE AGENDA Hondayi April 15, 1991, 4:30 p.m. Comunity Room, Norvest Bank Building, Wayzata 900 East Wayzata Blvd., Suite 135 (Elevator access for handicapped: use west entrance on Wayzata Blvd.) 1, City of Wayzata public dock status for charter boat use (per memo) 2. Public official's Lake outing of August 3: A. Establish start time B, Verify charter boat selection C. Review roster of invitations D. Additional recommendations 3, Status on legislative bills affecting Lake use A. Personal watercraft bill 4. Water Patrol report A. Charter boat inspection orientation meeting, 7 p.m., Thursday, 4/18/91 B. Spring activity report C. BWI education program report D. Additional business 5. Additional business recommended by committee 4-9-91 LAKE MINNETONKA CONSEPVATlON DISTRICT NEWS RELEASE APRIL 8. 1991 CONTACT:GENE 4 73-1^' SUBJECT: Guidelines for Residential Temporary Dock Exten'iions During Low Water on Lake Minnetonka .. r- The water level on Lake Minnetonka is currently at 927.08* elevation as of April 5, 1991. compared to the Ordinary High Water level of 929.4* . a difference of 2.32* f«at. The good news is thru it is up from 925.73 as of April 4, 1990. an increase of 1.35 . During this low water period, residents on Lake Minnetonk- experiencing the need to extend their docks, may do so for the 1991 season without a permit by following guidelines established by the Lake Minnetonka Conservation District. The guidelines according to LMCD Chair, Dave Cochran, include: The dock is extended only to the extent necessary to reach nornal navigable depth of approximately three feet. b. Ho additional watercraft may be docked than , ’ .ted prior to the extensions by the LMCD Code. The extension shall be a temporary, seasonal type dock. d. The adjacent dock use area shall not be encroached. Dock placement must comply with required setbacks from the extended property lines to the dock or watercraft as follows: 10 foot setbacks for the first 50 feet. 15 foot setbacks for the next 50 feet, and 20 foot setbacks over I hi*'- • » ■1; '-!?* rs;' r f- f. r I- f r-• '■fl 'r H ri* ■'r* U?v<te ’c' I 8 LAKE MINNETONKA CONSERVATION DISTRICT100 feet. With -rittsn permission from the neighbor. ■'short.er setback distances may be allowed. The LMCD encourages residents of two or more adjoi g sites to combine docks. They are allowed up to four watercraft (over 16' long and/or with motors over 10 MSP) stored at the dock, provided the watercraft are owned by the residents of the combin d sites. The side setback requirements must be maintained at the outer site lines of the combined sites. £.E.tension. in restricted areas such as channels or areas of -wtive boat traffic are subject to inspection by the Hennepin County Sheriffs Water patrol to assure no hazard to navigation exists. Red reflective material must be applied to the end and all sides of a dock when extended beyond 100 feet in open Mater iiMMlwrmiiniwRiiMii I !''P' rP- 1. NINUTES OF THE REGUcAR MEETING OF THE SCHOOL BOARD OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON MARCH 11, 1991 The regular meeting of the School oard of Orono Independent School District No. 278 was held on Monday, March 11, 1991. Present: Don Anderson dames Franklin i y e Thomas Mich William Fenholt Absent: David NcKown Lucie Taylor Nr. Don Anderson welcomed the Dancing Feathers Camp Fire Club who presented the flag and led the Board/audience In the Pledge of Allegiance. Members of the Dancing Feathers Camp Fire Club are: Amy Gillum, Malsle Swanson, Erica Sandberg Lauren Sllus, Kitren Fischer, Kate Spllseth, Molly Bollum and Olivia Harren. Dr. Nich expressed appreciation to the Club for their leadership In the Pledge of Allegiance and he stated that, as a result of their participation, the Board would be asked to act on a motion which would result In every Board meeting beginning with the Pledge of Allegiance. UPON NDTION by Jim Franklin, seconded by Peg Swanson, the consent agenda was approved as follows: - approve^t the minutes of the February 25, 1991 ''-egular meeting; - accepted the resignation of Gordon A. flare, middle scnool custodian, effective June 1, 1991; - approved the following coaches for spring sports: Eric Hanson, head base* ball coach • boys; Mike Lawrence, ass tant baseball coach • boys; Kevin Sharpe* assistant baseball coach - be. Scott Zeldler, assistant softball coach; Julie Lingo, assistant track coach; Matthew Laue, assistant track coach; Bill Greenwood, assistant track coach; - approved the Treasurer's Report for January, 1991; - approved the bills as covered by vouchers 068990 through 069225. Notion carried. Dr. Nich expressed appreciation to Gordon Oare, whose resignation for the pur­ pose of retirement was approved by the Board earlier In the meeting, for his many years of dedicated service to the District ard a letter of appreciation will be sent to him from the Soard of Education. Dr. Nich stated that on March 13 a breakfast meeting will be held for the ministers In the area; that he wanted to congratuL te the following members of the 5th grade Odyssey of the Mind Team as they enter state competition: Scott Trudell, Ryan Dahlen, Peter Knudson and Cory Shannon; that he also wanted to congratulate the 7th grade Odyssey of the Mind team who placed fourth In competition; that Early Childhood Family Education will sponsor "Community Connections For Children" on April 9 at Trinity Lutheran Church, that wanted to acknowledge Karen Orcutfs contribution to the article in the STAR TRIBUNE on learninq styles; that the Orono Education Fund sponsored a program on February 28 with Ray McGee as the presenter on self-esteem; that the filing for candidacy for the Board of Education opens on March 12. Bill Fenholt provided the Board with a brief report on the progress of the equity lawsuit. In the area of athletics, Don Anderson expressed congratulations to the following: the girls basketball team on their excellent season and winning of the District 17A title; the gymnastics team who placed second in the region with Jill Behrendt participating at the state meet; the wrestling team with Ryan Miller and Erik Peterson participating at the state level. Or Mich provided the Board with a construction update and stated that celebration/open houses will be held on the following dates: April 25 for the faculty and staff. April 26 for former Board members, city officials, etc. and April 28 for members of the community. He stated that a pool party will be held on March 14 for the construction workers and their families sponsored by the District, construction manager and the architect. Dr, Mich informed the Board that applications for the positions of Assistant Superintendent and Director of Community Education closed on March 1 and that the advisory committees for each position will be meeting within the week. Matt Krueger Vice President of the Middle School Student Council, and Amy Becker, President of the Middle School Student Council, were present as repre­ sentatives of the Middle School Student Council and the student body to present a proclamation to the Board for approval in which they requested that March 11 - 15, 1991 be declared Orono Middle School Education Week, and that the public be afforded special opportunities to visit the middle school. UPON MOTION by Jim Franklin, seconded by John Maresh, the following proclamation was approved: m A PROCLAMATION ORONO MIDDLE SCHOOL EDUCATION WEEK March 11-15, 1991 WHEREAS, Orono Middle School education has a special and unique function In Orono's educational system and WHEREAS, adolescents are undergoing dramatic physical, social, emotional, and intellectual growth, and are especially vulnerable and WHEREAS, the habits and values established during early adolescence have critical, life*long Influence, and WHEREAS, this Influence Impacts directly on the future health and welfare of our lives, and WHEREAS, an adequate public understanding of the distinctive mission of Orono’s middle school 1$ necessary for this mission to succeed, Therefore, be It \ RESOLVED,that the week of March 11-15, 199 1, be declared ORONO MIDDLE SCHOOL EDUCATION WEEK, and that the public be afforded special opportunities to visit Orono Middle School. SUPERINTENDENT frJtty'___________ STUDENT COUNCIL PRESIDENT BOARD MET«ER BOARD MEMBER Notfon carried. UPON MOTION by John Maresh, seconded by Jim Franklin, the Board of Education approved April 9, 1991, as the day eighth grade parents may exchange a day with their child. Warren Nelson stated that in order to provide a greater understanding of school and to enhance communications between the student, parents and school, the middle school proposes to hold a parent/child exchange day on April 9 at which time the parent may attend school in lieu of their child. Motion carried. Bill Fenholt reported on the Management Assistance Visit by the State Food Service Department which the District requested in order to have them thoroughly review our program. Mr. Fenholt stated that, although the State com­ mended the improvements made to the lunch program, several areas were cited for Improvement. He stated that he views this as a long-range project and an oppor­ tunity to review the entire food service operation. UPON MOTION by Jim Franklin, seconded by John Maresh, the Board of Education engaged the firm of American Appraisal Associates for a complete reappraisal of the buildings and contents of the School District, including property in the open. By way of explanation. Bill Fenholt stated that approximately every eight to ten years a complete appraisal of buildings and contents needs to be done, not only to meet state accounting guidelines but to assure that there are accurate records in case of loss. Mr. Fenholt responded to questions from the Board for clarification purposes. Notion carried. Or. Mich Informed the Board that there is legislation at this time which would require. In 1992, that Orono's Board representative to the Hennepin Technical College Board be a member of the Orono Board of Education and that efforts would be made In opposition to this legislation. UPON MDTION by Peg Swanson, seconded by Jim Franklin, commencing with April 8, 1991, Board of Education meetings will begin with the Pledge of Allegiance. Board members, students or pledge. Notion carried. special groups would be encouraged to lead the V:lAhffi Mar#sh ftxor6SS®d iifipdct thdt th® Highly 12 develop- i^t StSt w> th» Srtool Ofstrict. Or. Hich «ni send a letter to state “f1c"i?J*e«r«s1n9 the Board's concerns In resard to safety Issues on this Hitter. UPON MOTION by JIfli Franklin, seconded by John Maresh, the meeting was adjourned. Carried unanimously Approved: Dm a. Anderson, Vice-t HUirperson r V • w.. r-I ;'V ’ . tl ,,>• • '.-■ ■t ■ Lake Minnetonka Cable Communications Commission 443 OAK STREET • EXCELSIOR. MINNESOTA 55331 • (612) 474-55M (nil r LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION EXECUTIVE COMMITTEE MEETING TUESDAY, APRIL 16, 1991 5:00 P.M. ROOM 204, EXCELSIOR COMMUNITY CENTER AGENDA I. C«ll to Order II« Approval of March minutes III. Reporta a) Officera b) Adminiatrator c) Triax IV. Unfiniahed Bualneaa a) Budget Committee Report/Recommendation b) Channel 21 S-VHS format deck c) Finding on new Triax Charge for Non-Cable Related Service Calls V. New Buaineaa a) NATOA Regional Conference b) DeWolfe Music Library Renewal c) Request for Purchase Approval VI. Adjournment MINUTES LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION EXECUTIVE COMMITTEE MEETING TUESDAY. MARCH 19. 1991 5:00 P.M. ROOM 204 EXCELSIOR COMMUNITY CENTER 443 OAK STREET. EXCELSIOR Chairman^And«r#on^called the meeting to order at 5:00 P.M. DIRECTORS PRESENT Toe Andereon/Medina Otto Wllczek/Minnetrista Jie Olde/Excelsior Lesley Hughes-Seamans/Tonka Bay OTHERS PRESENT Jennifer Watts/Adeln. Paul Naaarow/Trlax Toe Wialer/Trlax Jie Selth/Mound-West- onka School District II. APPROVAL OF MINUTES Anderson asked for discussion or approval of minutes. Motion a^iQ.91.lt Wilczek moved to approve the minutes of tne February■••ting. Olds seconded. The motion passed unanieously HI. REPORTS for th. period ^/20/91 through 3/19/91 (attachment 1). Anderson asked for discussion or a motion to approve.Motion 3.19.91.2: Olds moved to approve the Just Claims for the peri^ 2/20/91 through 3/19/91. Anderson seconded. The motion passed unanimously. Administrator*# Repogt Administrator Watts reported MACTA membership dues for 1991 had increasmd aSO.OO and asked for approval to 3,19,91*3: Olds moved to approve membership in nacis lor 1991. Wiloamk seconded. The notion passed unanimously. Watts asked that a subcommittee be formed to revise the budget now that the franchise fees had been received. Anderson and Wilcsek offered to work on that subcommittee. _ _, _ llAtts stated that she would provide commissioners with copies of the NATOA newsletter, as it contained a great deal nation on issues and tasks facing regulators. She stated that the regional NATOA conference would be held in Schausberg. ib. May 16-18/ and that she would have inforeation on costs avail­ able at the April meeting. ....... Watts reported that she had sent the NATOA action eenber cities and had received back copies of letters from thos Cities that had responded to NATOA with signatures of officials supporting NATOA policies with respect Also, the U.S. Conference of Mayors and representatives National League of Cities had testified at the Senate subcoenit tee hearings recently, she reported. m 11 Watts then asked if the committee wished to respond to a bill in the Minnesota House that would lower the maximum l«nVth of cable franchises to seven years, and that would establish a LHCCC MIHUTES--Page two cabl« task force, which would be required to make a recommenda­ tion on cable communications to the House in 1992. a.19.91.4: Anderson moved to have the administrator respond t^the bill stating the LMCCC Executive Committee did not support the setting o£ a limit on the length of franchises, but supported the establishment of a cable task force at the state level. Hughes-Seamans seconded. The motion passed un- anieously. ^Watts stated that Tim Salazar and Tim Pattrin had expressed interest in serving on the Executive Committee. She reminded the coemittee that elections would be held in May and J tions slate froe the executive committee should be drafted prior to the May meeting. ^ Watts also stated that she had ordered and received part of the approved purchases from the capital funds for year seven an that the remaining equipment would be purchased soon. Watts reviewed the production report (attachment 2) and noted that there had been a great deal of activity in tne »tudio that month, due primarily to a resource of volunteers established through workshops and now part of a video-producer s club, and to the activation of Channel 21. , . She also reported that Jan Gray and Art Nxcol had received a Minnesota Community Television Award for their production, •Trinity's Album of Life." (see production report) then distributed to the committee an article that ha recently appeared in the ^mxloT newspaper regarding production Xmvmlm at the Excelsior studio and the duties of the staff. She had prepared a response to the editor, which she also dis- tributed, and asked the committee members if they wished to dis­ cuss the matter; committee members indicated they did not. Triax Report ^ Paul Nasarow distributed the studio and subscriber reports. Homes Passed Basic Subs Expanded Basic Subs Total Pay Units Total */0'o Total Remotes ^ He stated that an additional category. Promo Expanded , (130), represented subscribers who had taken advantage of a 30- by April 2. They consisted of channel line-up and rate cards, information numbers, and service and repair '^J|*^**‘** He explained that the May mailing would contain the FCC re quired Subscriber Privacy Notice Act and A/B Switch information, and the June mailing would contain service-call procedures, in­ formation on payment lock-box facilities and channel information <Xeased and public access channels and studio locations). I I< LMCCC MINUTES--Page three 1'"I > Naserow announced that Triax would be initiating a policy of charging #25 for non-cable-related service calls. Watts in­ dicated ehe would check the franchise agreement for language on the regulation of charges for service calls. Nazarow agreed to look over the subscriber survey recomeenda- tions by the comeittee and reported that the survey would be sent to subscribers in July. He also agreed to send a copy of the final draft of the survey to Watts before printing. Motion 3-iq.ai.Si Anderson moved to appro^^e the subscriber sur vey questions recommendations; Wilczek seconded. The motion passed unanimously. IV.UMPIMISHED BUSIHESS a) Channel 21 switching panel action was needed as the switching panel had been received. b) Channel 21 acceptable signal tiatts explained a temporary loss of signal under certain con­ ditions on Channel 21 but the committee decided it did not need to be addressed at that time. Hfftiign ? Anderson moved to table the issue of the tem­ porary loss of signal on Channel 21 for 3 months. Olds seconded. The motion passed unanimously. c) Channel 21 S-VHS format deck Staff explained that the channel had not been equipped to play S-VHS format tapes and that it had been her understanding this capability would be provided by Triax. She was instructed to q^aouss this matter further with Nazarow, and the item was tabled until the April meeting. d) Triax annual nailing materials This topic was addressed during the Triax report. e) Subscriber survey This topic was addressed during the Triax report. £) Request from Dick Cherba to consider making grant to Hound studio Motion 3.19.91.7t Wilczek moved to table this item until a for­ mal proposal had bean received. Hughes-Seamans seconded. The motion passed unanimously. jie Smith, superintendent of the hound-Westonka School p£etriot, asked to address the committee at that time on a similar subject. He submitted a proposal to the eoneission (at­ tachment 3) requesting funding for studio equipment to be located in the Hound-Westonka High School to produce programming on high-school events, as well as offer TV instruction for high- school credit. Anderson suggested that a subcommittee be formed to explore options and costs involved Smith's proposal. Wilczek, Jim Olds and Watts would serve on the subcommittee. r LMCC MINUTES-Page tour g) Financial raviaw auditing firm aalaction Tha bids from tha auditing firms were reviewed and Watts asked for discussion on the proposals. The differences in costs among t:ha quotes was discussed in addition to the professional stan~ dards and services offered by the firms. Motion 3.19.91.81« Anderson moved to accept the quote from Babcock, Langbein & Co. for services to perform tha 1990 finan­ cial review; Hilczek seconded. With one abstention, tha motion passed by a vote of 3-0. V.NEW BUSINESS a) Response Television software package and additional computer equipsent Watts described the RT software package and reviewed its fea­ tures. She noted it was the only interactive software package currently available that used a phone, the cable system and tha Aniga, and allowed logging and tracking of usage information. Wilesek suggested the committee review the budget, consider its priorities and look at RT again at another time. Hughes-Seamans expressed concern about how funds would be used to benefit the Bost subscribero. Watts suggested that the subcommittee already foroed to review Smith's proposal also discuss and draft a five- year plan for future growth and expansion in the area of access prograssing and production. Anderson asked that in the future staff Include with proposals for expenditures an estimate of the number of subscribers who would benefit from the purchase, how much each project would cost initially and annual upkeep costs. VI. ADJOURNMENT Chairman Anderson asked for a motion to adjourn. flgtion 3.19.91.9; Wilczek moved to adjourn the meeting, seconded. The meeting adjourned at 7:30 P.M. Olds Respectfully submitted Kathe Ehlert Administrative Assistant LMCCC JUST CLAIMS 2/20/91 to 3/19/91 CHECK#DATE 10284 2/28 10265 2/28 10286 2/28 2295 2/28 2296 2/28 2297 2/28 1 2298 2/28 2299 2/28 2300 2/28 2301 2/28 r 2302 2/28 !2303 2/28 2304 3/5 •:230S 3/8 2306 3/121102873/15 t 10288 3/lS {10289 3/15 •f 2307 3/15 : 1 r'2308 3/15 2309 3/15 2310 3/15 2311 3/15 i*.2312 3/15 2313 3/15 2314 3/15 2315 3/15 2316 3/15 2317 3/15 i 2318 3/15 neiLgiM Beginning Balance Claina » . 'r Interest Service Charge Depoaitai 1 Fund# tranafer: PAYABLE Jia Schindler Jennlfor Watta Katha Ehlart PERA Lakar/Pioneer Gophar Stage and Lighting Crow River News U.S. Meat Independent School District 276 Jennifer P'tta Petty Caah SCCU fund tranafer Tie Vlley Hoaetown USA Video Festival entries U.S. Poataaater Jia Schindler Jennifer Hatta Kathe Ehlert Horweat Banka Jia Schindler PERA Voas Electric Vagera Lake Buaineaa Supply PERA Southweat Suburban Publications Alpha Video A Audio Paychex EPA Audio Viaual Leagues of HD Citiea Ins. Trust TOTAL CUIMS AMOUNT S 450.86 843.08 33.71 162.82 17.81 412.45 21.60 129.71 400.00 54.06 78.58 (see below) 24.00 80.00 50.00 569.67 634.08 144.35 1.164.35 48.36 176.18 3.57 124.51 8.29 9.00 23.36 7.70 40.30 4.128.92 3.093.00 13.136.34 Tape purchases ilM BALANCE a 110.622.76 -13,136.34 322.83 -12.00 35.00 -50.000.00 #47.832.25 BCCP ACCOUMTS (a# ot 3/19/91) Balance Share Acet.fintaraat earned $239.32) Balance PmSarrad Acct. CineJ. trana/er of $50,000) Certlflcetaa of Depoalt (msturms: EW)IN6 BALANCE a 5.094.61 51.320.32 4/10) 26,000.00 3 /24) 20.000.00 # 102.414.93 TOTAL FUNDS a 150.247.IB ACCOUNT Payroll Payroll Payroll PERA bnfta Adv/Proeo Studio fund Adv/Proao Telephone Office Space Mileage Various Access Eaploy Adv/Proao Postage Payroll Payroll Payroll Fed. taxes Mileage PEPA bnfta Hlac. Video Office supple Office supple PERA life Adv/Proao Hiac. Video Sec'y Service Capital funds Ina/bonda » . PRODUCTION KLruKt Chronlclin9 th« activity at tha Excelsior Community TV Studio from January 15th through February 18th, 1991. Presented to the Lake Minnetonka Cable Communications Commieeion on Tuesday* February 19th* 1991. B. C. I. Works completed ^ ^A* •Shoreeood City Council“-producer Harold Dircks covered the meetings of 1/28 and 2/11. <. Series program-"Tonka Report*-features individual fpoa the city administrators of Orono* Tonka Bay and Victoria and the city manager of Excelsior on thm 1991 budget process. Individual programs 1. "Excelsior Remembers"-chronicles the history and paople which have made Excelsior what it is today- producer: Jan Gray 2. "Minnetonka Lifestyles"-highlights the 10th anniversary celebration at Native Oak Farms* a private* museum-like establishment featuring Hackney horses and an array of carriages-producer: Harold Dircks Additional activities - „ 1. The first Excelsior Community TV Studio Video Producers Club meeting was held on 2/7. Eleven people attended* many of whom brought ideas for future productions. The following weekend* per^icipants covered the Excelsior Chilli Open and the South Minnetonka Choir Festival at Mount Calvary Church in Excelsior 2. Press releases were printed in local newspapers about recent local programs and upcoming sorkshops 3. "Trinity's Album of Life." "Thm John Huber Story" and "Glasnosti The Artist's Perspective" were •ntered in the Minnesota Community Television Awards 4s Jan Cray printed poeters publicising "Exeelelor Remembers*" which are on display at various locations D. II. Works in progress A. Programs 1. "The Rage"-features live concert videos by the band of the same name-producer: Randy Sehwoerer 2. "Dave Else: Compilation of Music Videos"- fmaturing his own original music* as well ag his personal insight into the meaning of "A Bout with the Black Dog" 3. *LMCD Eurasian Watermilfoil Project"-produceri LNCCC staff 4. "Minnetonka HS Fine Arts Council Interlachen Camp*-producer: Randy Sehwoerer 5. *1991 Excelsior Chilly Open"-featuring clips. Iv !fV T1me; 5:30 p.m. TO: FROM: DATE: SU8J : LAKE MINNETONKA CABLE COMMISSiCs MOUND WESTONKA HIGH SCHOOL, DR. JAMES L. SMITH, SUPERINTENDENT MARCH 19, 1991 CABLE franchise FEE FUNDING REQUEST FOR A T.V. STUDIO IN THE HIGH SCHOOL OF MOUND WESTONKA HIGH SCHOOL - MINNETRISTA. 2 CAMERAS. MICROPHONES. MIXER SWITCH. LIGHTING APPROXIMATELY $20,000 Rationale 1.Westonka schools have been vary active 1n using Community television as a means of promoting our schools for the seven years of cable technology. 2....Westonka schools would like to get more students involved In working with the parent volunteers. 3. Westonka schools are developing a TV p*ogram for high school credit taught by the Triax Community TV coordinator. 4. Minnetonka schools have not demonstrated high Interest for the five the Excelsior studio has been in operation. Since they have not utilised the Triax franchise fee funding we are asking for a grant to better serve our school district population and the area. The studio ac Mound Westonka High School will: 1. 2. 3. Allow for two camera product lons/bet ter quality and experience for students. Help Sally Koenecke and parent volunteers who work with the students establish a team or core of students who can have production responsibility and equipment familiarity. R®Pt at the high school to be usea to produce concerts, sports, educational programming, etc. Qoa1s: 1. 2. 3. 4. 6. ‘is. Stimulate greater use viewer appeal of community Channel 20. ®^xe students more pride In school functions and share with the community (community Interact Ion). students who are technologically inclined to have a place to utilize their Interests. Give st"dents the opportunity to put Into practice what they have learne. In TV production classes. Way to teach students that their Ideas can have community Impact. 8y working with the community TV studio to edit thest programs they ere utilizing a community resource as an extension to their education. Operations — Back to the Franchising Future SmaU Michigan town gets bells and whistles from winning bidder ty ttothy Claytcn ____________ OMMllbivra hive tradilioniQy been «t (BMdvMtife when it comee to aUe TV frenchWng agreemente, ueuilly get* liag lew from cable operatora than big cMn. But In Mkhigm. a bandiiaing bat* t^ |art ivMtag donn in the anialt fawn of Hertiand Tbvmahip wiO yfejd a beOaond- mu* aaUng br copiea of the litiie fawnahlpTa qucat far prapoaala to uae aa a model Pinolalion of the francMae agreement la a^eefa.'! by nwnih'b end But Charlene jolif, the ea^c uUue dbector for the Mfeat* orn County. Mkh.. Cable Com* munieoliono Authority and Hartland Tafwnahip'a conaultaot during the fren- chlring proeeoa. oofaL *(The faanchiae) ia ipprowd 00 fcraorm concerned* The recently develop ed area currently baa 2i338 homce with prom iaea of toture develop ment, aaid Dave Dovmey, o>^.« —Jti Btnehioo iMlNMm •y*' '«a:- t V. V. V' M. t vice president of marketing for the Denver- baaed Triage The area is well positioned be- Ween major rities and a receiving an over ­ flow of residenta wanting to commute to Detroit, but net lire there. The average home price Is about $150,000. Downey aaid. The Triax system could eventually [w about 5.000 homes, he said. The attraction of the area lured 42 companies to respond to an Initial RFR After those companies received the prospectus, however, only faur eduaily submitted propoeala beenuee of all the de­ mands made ^ the town ship- Jdly admit ­ ted the requirements mere atrbigeni: *We issued an RFR that nould have At a big community, not a mall community like Htftland.* ahe aaid. but aaid there ia no reason amall communities should be •hunned when it comes to cable service. Indeed. Downey Joked that when he received the RFR k reminded hfan of the early lOflOa when dtles demanded big things from cable companka and comps* nies complied with btaeohy pramisea. *We prepared a three-vohi mc profmwl to accommodate all the questions they asked in the RFR.* Downey said. When the flnri bids cme in, the four applicants were Trial, C*Tcc Cable Sys- SMSmUUasAnfr^ Triax WhMFor McMsaa Fnnehise IHflAa amttniuiAmpattfO_______ toms. Fanch CommunkaBons and Turn* erviaion. The systems which border Hwtland. Greater MctBn Cable and UA Columbia, did not submit formal piupo^ Trial's system will built to 550 MHt and will be hil^ addrewable. In addition, an institutlonai network wM be ««•«***ed that wffl hook up the town to an l-Ncl , which akeady eakta throughout OakM jf- County. All but 27 of the home^ the aren wiB be wired far aervke. JoOy aafal And Trim hm agreed to a ^io coating over Sioaooa Hartkod residents for$l$i99amoteh. ^ wia probably coal to kml 82 mlBlon, or SflS5perhoine.tobnihL 'After chccklmK the faur propoasla. Trim WM Just the bemmd bad the mote to offer.* joOy mid. She said other mmller communities are already mhkw fte modeb td Harlhnd Township's RPR TWo J«**t shorn that amall communiltea can get good pock- ^ea.* JoOy aaid. !• r X\D Jude COMMISSION eK fHONE 34A-^064 BOARD OF Hennepin C ounty C ommissioners A-2400 Government C enter Minneapolis . Minnesota 55457-0240 March 25, 1991 APf^ ^ 139^ Tha Honorable Barbara Peterson nayor. City of Orono P.O. BOX 66 Crystal Bay JW 55323 fUyeii PsLur . The Hennepin County Board of Comnissioners would like to iwite you, the City Council and appropriate staff to the annual Recycling Recognition Luncheon. We will review the status of ^e Reveling Progcaa in Hennepin County and recognize those nainicipalities ra businesses which have made outstanding contributions to recycling. Recycling Recognition Luncheon Wednesday, May 1, 1991 11:30 a.m. - 1:30 p.m. Northland Inn 7025 Northland Drive (1-694 and Boone Avenue North) Brooklyn Park Please B.S.V.P, to Lois Hudlow at 348-6509 by April 22. Sincerely, COSBiissioner cc; Mr. Mack E. Bemhardson, Administrator Tr"2T' / Smkis Um ewamiUM rf: Corcoran • Doyton • Dcophavon • ^l«or • Hmmvw • Hmsm • iMtoptndtnce • Lone L»k« • LorcOo • Mn^*X:\"r.:,?rrwt5cr‘“‘ * shwwsimM Published for Lakeshore Homeowners by Serv-a-Dock With warm winds blowing and ice quickly vanishing, we share many concerns with lakeshore homeowners. Shorelines is our way of sharing Utformation with our neighbors around - Lake Minnetonka and surrounding lakes. .irr;r- »,v»t; I*.* mikr More Water than Last Year! M^'As bf A^iiu^^ de^tfkm 'of Lake Minnetonka E 927.06 feet above sealevel. What Uiis means is that the waier<Ievel is IS" above last year at this time and only 4.S" below last yeai's mid-summer high according to ofTicial MCJVD records. The graph on the back page shows that we have gained back close to half of what most consider a normal ' water level. Whether we maintain, gain or lose water thru the stan of tN* season depends on our spring rainfall. Lakeshore homeowners should survey their own individual siuiauon before deciding on their dock needs. Word has it that the LMCD will be maintaining a close eye for excessive dock .length. Meanwhile, we can only hope that Mother Naajre will . ■i again bless US with above normal ntin£dl. v . • •...« .A. V.- V. ^ ► r* ►*' - ypr r. ^ r fcj '£i ^ A. ^ I. .. .a _ • *• - euSr^ .» V . .V.* »• -xr*-. *■ V SKmaCoidiaioiglli^^ ^ aRh fbr aolidioa^^ ^esi ind HKM le^ doSi^^ ^inhlnd muk^ gnt-tRicinobdu^ (^'^mng^nuddng it bott^prohibiiive at rttreaBlCnie IiilCD;wiU ooMimie-io cRthejMed ynih theirileei harvesiBri*To anifbff-ldadio'g moire dTicient this a r T'Sine has beea'oontncted lo'ac^panfihe fleet and haul to (ke daily euttingsrlt nuy also be'a^lable for lakeshoie|h -muomamm ii>:ii«lMdJ»eifj^^ jSl£^ lUn lOOilIj—^pi—a——PMBI—arsiii k immmm ' i> Zebra mussel: A future threat. with time to beware and prepare! Another alien may soon be threatening our lakes. The good news is we may still have time to prepare and hopefully ^ slow his arrival. - -------- --------——---;—-----------------W itw The zebra mussel invaded the Great Lakes six yean ago. .. > Mtablished pest in Europe for nearly wpmturies, - made their way here carried in the ballast water of octtin .- freighters. The clam-like mussel was first discovered iii Lakes . Sl Gair and Erie where ballast water was commonly dropped. -- *•• • By the autumn of 1989. zebra mussels had colonized the surfaces of nearly every firm object in Lake Erie. Although Lake Superior is prt bably protected by calcium levels too low for the zebra mussel to survive, they have been found in the IDuluih-Supcrior harbor and and the Sl Louis river as early as spring of 1990. As with Eurasian Milfoil, the _ zebra mussel is likely to spread from lake to lake as a hitch­ hiker on recreational boats. .... '..IZ Zebra mussel* resemble a fresh-water barnacle. They look _ ” c a small clam with a yellowish or brownish shell marked " with wavy bands of brown or yellow. Their reproductive cycle ; is the key to their rapid spread and abundance. A mature female• can produce over 30,000 eggs per season. Within a few days ..... after fertilization, they hatch into free-swimming, microsc opic *!in>3eafllcd •veug«5**theVe!igcra fiEspend^T the water for one to three weeks, allowing currents to scatter .......^ them te Md wide. 5e^^mie"veUgmlire'« small difEctiino seeT-Ssagi^^'. WhUe they may quiddy dry out and die out of waaw, they can yiv-r •'survive anywhere in the boat wjiailer wlw ^ Once they attach themselves to'i hard suidhMinbey tiansfotm into the typical, double-shelled mussel shape and become : mature within the year. They colonize ^ attaching lo othen until they may be several layers thick. -^—r Besides the obneem for spreading the mussel, boaters — should also be aw^ of the extensive damage done when Zcbra^ i-~-v Russels infea a bioaLjhcy^^ “ ,waier pumps. tesMltina ui block^es, decreased water ftow and - 4# ^diy for up to 10 dayi:^ DNRJs aslditg'^^ 6ad^^^ -^aebn mussels tony them off and cdl dm Ecological Semrfi mr :GianCh U of Mjnogiam that is port of die.Naiiaaal Sea Grant Jirograoi.They provide infonnation,tluoMgh.flye^^ the DNR .and Seiche; n ne^tter pubUshed qu*wy;.Fo^. liinemrnma^^ Mike McLean at MinnesoiaScalS^ ^GtinC'fdlT)625^781: Help^ror^ M^^ I'-'' iletkeMinneionhi'Conservation District, Minnesota Sea.Crant f n.'ir-r’anTT^.’* i-Doa Editoriai by Michael Fo£^^^^ ^ jr \ : ^.. HmSiSSta^^irA .. ra it:-. itfvio> wdor»ed by sateHed cuyners^^^^ssggag tprarryprobtefli, fHow^opgMUi'/Lkimai' u£id p^gyiKg ■*—-_____ ^ ^ Featunng. a ea Crepeau; EKIof^ ' *mL r%,x-s^. *rr jgg-.Watarfraaii Cpy- -.^‘* w-2ikSCf^ Crepeau Doath L j:.. -3 !I:;!.i.» i V .-^ ^Uacl^ta NawMLStoCi sig»g |i V '-^t-a.=aiiCJI ia I • ica t. - [^■-;a .. ' .) '..ji),ifti■! 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'/•“‘'"•"f'UiJ«•AT ^ I' rji *r ^trvtcmp1 PCd?Bor9j fHidfmav5 m victorii: MN, sss'sr:•suftrr #^* 5: •- » ■ JClL ’ T 1* • .•»-* * _ ^L2'' —. •• ?“"2L.?.^S28Cfv.'* ** S' ‘ ■n •.V) • • . . r . .• • <r* .J^ .f'f ,*^w .s . vr. w.Vv»-f "CJ^' • • • ••..« . - -. »« 7 ; . ^... .. -a: 1;,, • ^ ^^ v**.*.-^ • ^t-Vl« • •* jj .-1^ k jqCi.i» ^ K*. L--; ,r y.< i-. 'f ¥: s»\ I'Ir I- W- I '■i. C-. i^' i?'.r r... |. INNOVATIVE '^; MICROGRAPHICS DUE TO THE POOR CONDITION OF THE PRECEEDING DOCUMENT WE CANNOT PRODUCE AN ACCEPTABLE MICROFILM IMAGE. u HZ' f • I r 1.'; I; :--7^ ■ "•> f- %•' i"jt: rW^ P r'if S-7 % ■H w:f r^'- 0kh 1;- V !- 7^^ &mri TO: FBOH: DA3B: Mayor and City Council Mark E. Bernhardson^ City Administrat April 17, 1991 m ^ 3JBCT: Attached Memo Thought you might find the text of the Chief's address to the Long Lake Chamber of interest as a recap to his career. (prepared 4-3-91) ;i. . ^ i. r i r: %! r’-' ■iVt f a* f SIXTEEN YEARS AS CHIEF OF POLICE of a hollow core door between two filing cabinets. J .^-aa.t4> y>»A b«en without a Chief since July of 1974. SSe 3r?Sr3rowt.3^.tated by the patrol officer* in an Maintenance, equipment needs, training, «n keeping system. one of the flrat imy%3°t^pSSu3^ °”i3!"e SfSSri* I aaalgned apeoific officer* to a officers. squads fully equipped with squad. We nw tave tn equipment, bolt cutters, halters resuscitators. first aia equw . terminals. We have for horses. We radar in all the marked units sooverhead consoles^ We ha personal office for the that we are as close Assigned to the cars their unit* and that S: «r.tS 5:rnor t|» brah.. wom out. «. have had very, very «ood luck with this *y*ten. SOM of the other iten* t^i "* have S“23S’3lrS3^ir%3^rt*““rirai33\he.^r to have 3tmo«raphera type the report* the next nomina. ... «.•*, ■fny all of the cars so that upon arrival ll SriS2e?^“i«C picture* could be taken to preaerve the scene. we waited to go toward* cojputertxation of record*. It took about 10 years to cone to that point. a. Mat each officer to an energency drivlM oourae at St. S?o33? c3? ou^ inaurance preinlu. by 10* and cut our aocldent* by a far greater aaount. i • ■ t I was very interested in Crime Prevention. I think that the citizen has to tcike some responsibility for their own neighborhood - their own home. Emergency Preparedness was a concern as we had Just had a tornado in 1965, go through Navarre, and I worked very had to try and get civil defense sirens into that area. I was also concerned with trying to set up a crime prevention neighborhood crime watch program as I believe that you have to have a community response to problems that the police get. Some of things that might be of interest to all of you are the occurances in Orono since 1975. -we had a “storm of the century" in the early weeks of January in 1975. Ne ended up providing quarters for 56 people over ni^t at the Orono High School. One of our officers even had 7 people in his house. We used snowmobiles for rescue attempts. By Tuesday of the next week, everything was back to normal. We even had the Orono Hi^ School preparing 3 meals for the people through their cafeteria. -in June of 1975 we had two separate V2uidalisms occur at the Orono High School for a total $3,000.00 in damage. Several of our officers apprehended 6 Juveniles involved and restitution was partially made. -in July we had a bank robbery in Maple Plain. Twenty Bdnutes later South Lake Minnetonka Public Safety officer Hodgson stopped him, shots were fired, the robber was captured, all the money was returned to the bank. Excellent cooperation between 4 police agencies Involved. -in January of 1980 Long Lake negotiated with us for their own two patrolmen to patrol in their city in addition to the basic contract. Officers Bruce Anderson and Gary Cheswick were the first two Long Lake officers. -January 7, 1977 we had a homicide in Maple Plain. John Bailey was sleeping in his car one night because he was too tired to complete his trip home. He was shot in the head by one of three juveniles. We worked on that case until May of 1977 when we had a break in the case. Hennepin County Hlway personnel had earlier found a wallet that had been thrown along Cty Road 15. They had tried to return it themselves, several times, to the party involved. They finally turned it into the police after several months because they were unable to make contact. It turned out that this wallet was taken in a mugging in Minneapolis and the party whose wallet was taken knew the people who mugged him. We began an investigation and found out that these •.V three Juveniles had also been involved in the Bailey homicide. The Juvenile that did the shooting was charged in Juvenile court and was brou^t to incarceration. He was tried as an adult and taken into custody. The other party was tried as a Juvenile at his own hearing. The third party, after 2 Supreme Court sessions, was released as having suffered enough was finally freed. I often wonder who cries for the soul of John Bailey. I was very fortunate to be a board member for 3 years before becoming the president of the Hennepin County Chiefs of Police Association in 1980. I was also very fortunate to become a board member of the Minnesota State Chiefs in 1980 and ultimately assumed the presidency in 1983 and 1984. It was a very challenging, informative and fruitful year. In 1981 start a started action, him and stopped license we had a party by the name of Thompson come in and bar in Spring Park. Very shortly thereafter he a topless bar and after numerous months of ordinance re-doing ordinances, we were finally able to charge put him out of business. Orono officers cited ^md two topless dancers and shortly thereafter his was revoked. -on December 23. 1980 a Charles Bliss of Heritage Avenue was found murdered in his house. We had as a suspect, his chauffeur, William Thoma. We were able to get a warrant for that party as he had fled the scene along with a small dog, a collie. On January 13, 1981, based on a tip which we had given to the Illinois Police, William Thoma was arrested in Illinois and brou^t back to Minnesota to stand trial. The Jury heard the case, and in their proceedings, ascertained that Mr. Bliss had been killed in self-defense by Ur. Thoma. The only question I have is how do you kill a wukwt In self-defense by stabbing him in the back? A newspaper called me shortly after this and asked me if we any other suspects. I was at a loss as to how to tell them that we had no other suspects, that there was no further action to be done on the case. -On January 1, 1979, Maple Plain left our contract to form West Bennepin Public Safety. Officer Jim Franklin left with 2 other officers to form the department. -In 1980 Minnetonka Beach Joined us in a contract. -In 1981 Spring Park Joined us in a contract and we still have both these cities in our contract. Some of my accomplishments in Orono are -getting our people together to form the North Tonka Crime Prevention Coalition - something I started on 16 years ago and finally it is coming to fruition. *1 -it - -- -I finally have 4 weather sirens whi^' ■» I have just managed to get into operation recently. This is out of a total complex of about 10 sirens that are in the overall siren plan. -another case of cooperation is the fact that fo 'ast 6 years we have leased a building from the City of i«. . .iSke which gave us significantly more room at a time when we needed it very badly. Some of the things from my previous career in Golden Valley that still bother me are a homicide that occured in the “Down in the Valley” record shop in 1974, if I remember correctly. This particular homicide was an eerie seen in the fact that there were psychedelic lights in there and I arrived to find one person dead on the floor, another one crippled for life with a bullet in his back and a third young lady who had been the victim of a hatchet attack in the head and who to this day is suffering from the effects of that attack. Mo suspects were ever developed to any great degree. It still stands unsolved today. The second case involves the burglary of 374 Viking Sewing machines. He traced a shipment that came into town, we put every one of those 374 serial numbers out on a teletype. He recovered one on a search warrant in Minneapolis. Two others were found in a raid on a customs warehouse in Chicago, Illinois and one we were able to purchase from an informant who had the machine. The rest of the 374 sewing machines have disappeared into oblivion even though they needed about 20 minutes of dealer preparation time in timing the sewing machine so it could be used. He gave all the trade manuals the serial numbers so they could watch for them. I've got to hope that there were more honest sewing machine dealers that what we found. How, you might ask me, what do I see as goals or objectives for the future of the police department and the area. 1. I would like to see, perhaps, a dispatching center for the western area, whether it be Bennepin County of a Joint one with the departments. 2. Consolidation of the police departments in the west suburba*^ area, whether it be by contracts or Joint power agreements. I don't know how soon this would become a reality, but it's something to look at as we run into continuing shortfalls in State government and tax protests from the citisens. 3. An investigator is perhaps needed at times. This again is a function of manpower and as I said earlier, I don't know still how to solve the manpower problem. Most police •A; 5. • LV'-' ■If., departments do not have enough manpower to adequately do the job. 4. A facility. Even though our present quarters are better than they were when I started (in the old house), they are still far too small and lack conference rooms, public toilets, holding facilities, storage capacity, you name it. 5. I would like to see a full time Conmunity Service Officer to more adequately address the dog program as well as the myriad of other tasks that would free a licensed officer. 6. Hanpower. Somehow we have to address m4.jpower in Orono and the other areas. Some of the suggestions I talked about before, consolidation. It may be that we may have to replace some of our tasks with non-swom personnel. He may have to employee more part time people for the peak periods, such as summer time at Lake Minnetonka. 7. He need to enhance the D.A.R.E. Program to adequately teach our children about drugs. I feel that this is the only way we will ever get a handle on the drug program in the nation. 8. Crime Prevention. I think this is a very helpful program because it involves the citizens in the every day aetlvties cf the police department. For too long, police departments have kept their problems to themselves. He cannot solve all the problems. He need help from the c'tisens, the people that are being taken advantage of by the criminal element. He have to harness that potential. 9. Administrative Assistant. As I spoke earlier, we have to become more creative in the use of manpower. This would be a civilian post that would be utilized as an administrative staff, if you will, to be used for purchasing, car maintenance, research and a thousand other things for which we should no longer be using sworn officers. 10. Conference room. Every (Thief needs some place to talk to the citisens, talk to the patrol officers, to hold staff meetings. He need this badly. 11. Aocredtation. 1 would like to see this department go forward with aocredtation. That is to subject our rules and policies to a review process to determine if we are in sync with other departments in the state as well as the nation. I think it*s important for the troops to take some pride in their organisation and for the City to know that we are in compliance with the normal process. ‘ ^ r.^ TO: FROM: DATS: Aaff 8* ai*. retu/ •. Mayor and City Council Tom Kuehn, Finance Director April 19, 1991 ('t Finance Director Linda Walters had successful cancer 1 Wednesday, April 17 and is progressing very well. We ie about a three week recovery period before she can a work. At this time we do not know what follow-up treatpient will be necessary. State of Minnesota Department of Finance 400 Centennial Building (j?8 Cedar Street St Paul, .MjiChesota 55185 i6i:i:%- April 18, 1991 To; Cities of Minnesota Fr; John Gunyou Commissioner of^Finance>^ii Re: State Agency Budget Cuts The League of Minnesota Cities recently criticized Governor Ame Carlson for allowing a supposed 8 percent biennial growth in state agencies, while proposing reductions in local aid. In tath, the operating costs of the state "bureaucracy” are being syt by 7.2 percent. It is unfoaunate that the Leagu: did not bother to verify their information with the State Finance Depaament before widely distributing these inaccurate claims to its membership, the Legislature and the media. The League conclusions are based c«i an analysis of state spending which inappropriately included federal funds, trust funds, bond funds and special revenue fun^ which are not used to support the state bureaucracy, but rather, to fund programs which directly benefit local communities. For example, federal drug funds are used for treatment and prevention services in the state's major cities. Dedicated game and fish funds support the use and development of Minnesota's natural resources throughout the state. As additional examples, the League analysis double counted state employee insurance trust funds, included bond financing for the Minnesota Housing Finance Agency and included the workers’ compensation special fund, which is used to pay second injury claims and uninsured employers’ claims. Further, the * eague analysis did not include the central office budgets of the Department of .iuman Services or Education, which are reduced in the Governor ’s budget. A total of $83.5 million in budget reductions were made to state agencies in the 1992-93 Governor ’s budget. This represents a 7.2 percent reduction in state agency spending from the F i 1991 budget base: ^ ■. .^1 Cilies of Minnesota Page 2 STATE AGENCY CUTS 1.The Governor did not restore the FY 1991 salary supplement underfunding. The 1989 appropriations for salary increases in FY 1991 were less than the contracts called for. This means the base is below what is needed to fund the current employee roster, and state agencies must absorb this cost. $15.8 million 2.The Governor ’s budget did not fund the salary settlement costs for FY 1992-93. Agencies must absorb this cost through leaving positions vacant, underfliling positions or layoffs. S39.3 3.The Governor ’s budget did not fund non-salary inflation costs for FY 1992-93 (supplies, materials, postage, etc.) Agencies must absorb this cost. $10.0 4.The Governor also made other base adjustments and direct operating cost reductions to agencies, both individually as with Employee Relations, and also through the Commission on Reform and Efficiencv. $18.4 Total $83.5 million State agencies are being required to absorb significant spending reductions as part of the Governor ’s proposal to balance the state budget. For example, in the Finance Department alone, staffing levels are being reduced by about 12% in order to meet budget reduction targets. If you have any questions regarding this information, I would encourage you to contact me or a member of my staff. As a former local official, I am concerned that those of us responsible for service planning, financing and delivery must rise above misleading and divisive lobbying tactics in order to undertake the cooperative efforts necessary to solve the fiscal difficulties faced by both state and local agencies. r'LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS AGE N D A Regular Meeting. 7;30 pm, Wednesday, April 2^ , Tonka Bay City Hall 4901 .Manitou Road (County Road 19) Call to Order Eoll Call Reading of Minutes: 3/27/91 Public CoBBent‘*‘~from persons in attendance not on agenda Chair Report, Chair Cochran 1. Announcements Coaaittee Reports A. HATER STRUCTURES, Chair Grathwol 1, Minutes for approval, meeting of 4/13/91 2, Chapman Place license renewal, including temporary low water variance, and license management agreement and amenities review with concluding recommendation by 1/93 as recommended for approval by the Committee 3, Bowers variance to establish a dock use area during low water, first recommending that Bowers is entitled to a dock to navigable water, and second that the proposed Dock Use Area plan be adopted for low water years with stipulations per 4/10/91 detail 4, Wayzata Yacht Club multiple dock and district mooring area renewal applications recommending approval for Sites 1 and 2 and the temr jrary low water variances per site plan detail. 5, Beans Greenwood Marina. St. Alban s Bay, recommending no action on request for time extension to pay annual license fee. 6, Windward Marine, Inc, recommending approval of a temporary low water variance to maximum of 260 to accommodate 4’ keel boats, less extension if possible, subject to LMCD inspection during installation to show just cause for low water extension over 40'. m-. LMCD BOARD AGENDA. 4 '24 '91. P 7 . 8. 9. 10. 11. 12. 13. 14. Multiple dock license renewals without change, recommending approval for Big Island Vets Camp, Cedarhurst Assn, Jennings Cove Dock Owners Assn. Lafayette Ridge Homeowners Assn and Loring Acres. Multiple dock licence renewals with minor change, recommending approval for Boat Rentals of ^.i^netonka Shoreline Drive Marina & Yacht Club including $85 fee refund, and Tonka Bay Marina subject to $240 payment on 1990 license fees. Multiple dock license renewals with temporary low water variance without change, recommending approval for Harry T Kreslins. Minnetonka Boat Works Orono and Wayzata. Minnetonka Edgewater Apartments, and Shorewood Yacht Club with stipulations per minutes. Multiple dock license renewals with temporary low variance WITH changes, recommending approval for Bayview Condominiums. Clay Cliffe HOA, Crane Island Assn, Dennis Boats. City of Excelsior, Lafayette Club, variance changes as stipulated in minutes. Multiple dock license renewal for Excelsior Park Tavern recommending a Public Hearing to consider the license based upon amenity changes resulting from the city's rejection of charter boat storage and operation amenity. Multiple dock license renewals with minor change re- commending approval for Excelsior Park Tavern for 20 storage, 12 transient slips. North Shore Drive Marina subject to s t o r age / s e r v i c e slip adjuslinent. Forest Arms Improvement Assn, (no change). Foxhill Homeowner Assn (no change), and David Thomas Development with minor amendment to site plan. Definition of Commercial Marina and Outlet Assn Facilities recommending Code amendment. Sect. 2.11, Subd. 2 and adding new Subd 5 to Sect. 2.11 per LeFevere letter of 3/25/91. Multiple Dock License for Excelsior Bay Associates, recommending renewal without change. ultiple Dock License renewals, late applications, commending approval for Gayle’s Marina subject to 0 late fee and $70 past due 1990 license fee .and submission of dimensioned and slip numbered as-built survey: Roger Wikner, reducing slips from 9 to 6 BSU Mai Tai Marina, non-renewal subject to all slips being roped off; recommending approval of license Is I ; i.' %I- Vs- ¥ kk: !> 'i- A I ^■’ h : S- mtli:.;-iMk LMCD BOARD AGENDA. 4 24,91. P 3 r0newals. non”renewais, as presented, .ind further instructing staff to enforce code for marin.is which have not made application for a current license. 16 .Multiple dock license renewals holding for city certificates recommending approval for St, . Alban s Bay Marina and The Harborage to include a to-scale dimensioned as~builL survey. B. ADVISORY, Chair Rascop 1. Long Term .'lanagement Program exchanges with cities a. Proposed amendments to Shoreland portion of Underlying Principles b. Proposed amendments to Shoreland Grant Agrmt c. Draft revisions to Management Program being prepared by cities and review procedures. Lake Minnetonka Lakeshore Owners Assn. Management Program position update. C. ENVIRONMENT, Eurasian Water Milfoil Task Force. Reese: 1. Policy regarding use of Suburban Truck, recommending approval as prepared by staff. 2. 3. Funding progress, informational report. Operatier progress: (informational, as recommended) a) Hennepin Parks participation status! b) Legislar-’'e progress on research/'control bills: c) Lake shoi aed collection program status: 4. US Army Corps of Enginee.-s Reconnaissance Study: D. LAKE USB. Chair Fillsbury 1. Minutes for approval, meeting of 4/15/91 2.Charter boat use of Wayzata Public Depot Dock, rccommcndini: guidelines to accommodate balanced public use of the dock and area parking per minutes 3.Hater Ski Show 6/1-2/91. Minnetonka Boat Works, recommending concept approval subject to satisfying parking and course location requirements. r t I l: I I r LMCD BOARD AGENDA. ♦ 2V,91. p 4 4 .In tho W.itf‘r ;:.iilbo.iC Show. >!innetonk3 Sailinr:. Excelsior i irk Taverti. Excelsior, recommend i u»» approval sut-jert to no infringement with transient docks or watercraft stored outside licensed slips. 5. Liquor liconse renewals rocommendi m; approval for: a .On-sale wine, with on-sale Sunday and on-sale non—intoxicating malt liquor with on-sale Sunday for Al & Alma's II, III. VI, X, XI and XII. b.On-sale wine, with on-sale Sunday and on-sale non—intoxicating malt liquor with on-sale Sunday for Paradise Princess, subject to liquor liability insurance certificate and Hennepin County Sheriff s favorable renewal i n v e s t i gcO t i on c .On-salo intoxicating liquor license renewal with on-salo Sunday for Queen of Excelsior. 6. 7. Water Patrol Report. Sgt. Bill Chandler: Additional business recommended. B. FINANCIAL REPORTS. Treasurer Boswinkel 1. Statement of C.ish Transactions, month ending 3/31/91 2. Audit of Veiirhers for Payment F. EXECUTIVE DIRECTOR, Stroinmen 1 .Administrative progress 6. UNFINISHED BUSINESS U. NBN BUSINESS I. ADJOURNMENT X X X • r. h f I’. LAKE MINNETONKA CONSERVATION DISTRICT Board of Directors Regular Meeting, 7:30 p.m., March 27, 1991 Tonka Bay City Hall Call to Order The meeting was called to order by Vice Chair Foster at 7;30 p.m. Roll Call Heabera Present: Bert Foster, Vice Chair, Deephaven; James Grathwol, Excelsior; Jan Boswinkel, Treasurer, Minnetonka Beach; Scott Carlson, Minnetrista; Thomas Reese, Mound; Robert Rascop, Shorewood; Douglas Babcock, Secretary, Spring Park; David Bartos, Victoria; Thomas Martinson, Wayzata (as noted); Robert Slocum, Woodland. Also Present: Ron Batty, Counsel; David Arndorfer, Consultant; James Uttley, Metropolitan Council; Sgt. Wm. Chandler, Sheriff's Water Patrol; Rachel Thibault. Administrative Technician; Eugene Strommen, Executive Director. Hembers Absent: David Cochran, Chair, Greenwood; Robert Pillsbury, Minnetonka; JoEllen Hurr, Orono; Marvin Bjorlin, Tonka Bay. Reading of Minutes: Babcock moved, Grathwol seconded, approval of the minutes of 2/27/91 Board regular meeting as submitted. Motion carried unanimously. Public Comments: Foster called for comments from persons in attendance not on the agenda. There were none. Chair Report: Vice Chair Foster for Chair Cochran A. Ice Out. Foster declared April 0, 1991 as a projection for ice out on Lake Minnetonka. (Ice out was recorded. early a.m., April 6!) Committee Reports A. WATER STRUCTURES, Chair Grathwol Martinson arrived. 1. Minutes. Grathwol moved, Babcock seconded, to approve the minutes of 3/9/91 with the following change: Page 4, Paragraph 2 to read: Foster moved, Reese seconded, to amend the motion to direct Staff to discuss potential amenities to be added over time if Chapman Place is to retain their 1:10’ density. The motion carried. 2. Bowers Variance to Establish a Dock Use Area During Low Water. The Executive Director reviewed the minutes and findings of the Public Hearing on 2/27/91 to consider the request of Jeannie Bowers, 21600 Fairview Street, Greenwood, for a variance to - continued LMCD BOARD OF DIRECTORiJ March 27. 1991 establish a dock use area during low water. There was additional testimony at the Water Structures meeting of .3/9/91 at which time the Committee referred the Bowers request to staff to make a technical review of the facts to establish a solution or alternatives by working with the neighbors as a temporary variance due to low water. Subsequently Foster. Thibault and the executive director met on 3/21/91 with Bowers. Stead and all of the effected property owners except Schrock. Dock alternatives were discussed which Bowers a dock. Some of the neighbors questioned whether a dock was justified for Bowers. The group s conclusion was that it is reasonable for Bowers to have a dock for one 21’ boat at a navigable water depth. As a result of the 3/21/91 meeting. an alternate, Plan B. was presented to the Board which would share the burden of adjusting dock locations among the neighbors to the south and north of the Bowers’ property. This would give Bowers dock access to the Lake. The staff recommended the plan. DISCUSSION: The following property owners were present; Susan Morris, 21509 Fairview Avenue; Sally Chase. 21650 Fairview Avenue; Joan Moser. 21670 Fairview Avenue; Tim McCarthy, 21560 Fairview Avenue; Gale Stead and Jeannie Bowers, 21600 Fairview Avenue. Morris, Chase. Moser and McCarthy objected to the P^^n. New information submitted provided that the Schrock property has been sold, and the possibility of a shared dock by Schrock and Bowers is not a consideration. Chase and Moser also expressed a feeling that there has not been adequate response from the LMCD on previous complaints about violations at the Bowers property.^ ^ Grathwol moved. Foster seconded. to accept the staff recommendation for Plan B for alignment of the docks along the shore in the neighborhood of 21600 Fairview Avenue, Greenwood; to declare that Jeannie Bowers is entitled to a dock in low water conditions; that this plan is adopted for configuration of docks in a low water year only; the LMCD attorney to prepare a Order to bring back to the Board for final approval: any docks installed not in conformance with this resolution would be considered in violation of LMCD ordinances. Rascop stated he intends to vote against this motion. He believes it is assuming that everyone is entitled to dock access to 3’ of water. He stated that it is not the responsibility of the LMCD to design docks for anyone. It is his understanding that staff time will be billed to the applicant. Upon a show of hands. Chair Grathwol declared the motion failed. . Babcock moved, Carlson seconded, to send the Bowers request back to the Water Structures Committee with advice to all affected property owners (notified through the public hearing process) that they are to install their docks in compliance wi their Dock Use Areas and the temporary low water extension policy. Motion carried. Rascop voting nay. [L_ LMCD BOARD OF DIRECTORS March 27, 1991 >: • V L . 3. Chapman Place (Conversion of Use) Grathwol moved, Rascop seconded, to accept the request of Bob Cuthill, Chapman Place, and refer back to the Committee their recommendation that Chapman Place secure an owner-operator within two years or lose its grandfathered status, amended to have staff discuss adding potential amenities over time to retain 1:10’ density. Motion carried unanimously. 4. Multiple Dock License 1991 renewals. Grathwol moved. Rascop seconded, approval of the 1991 multiple dock license renewal applications with orders, stipulations, and other considerations as follows: A. RENEWALS WITHOUT CHANGE Minnetonka Portable Dredging, Gideons Bay B. RENEWALS WITH MINOR CHANGE Lord Fletchers Apartments, West Arm New Owner - Fred N. Puzak Mack’s on Minnetonka (Formerly Pizselli's), Seton Lake New name. New Owner - Bill McNamee C. RENEWALS WITHOUT CHANGE, WITH TEMPORARY EXTENSIONS RENEWED WITHOUT CHANGE FROM 1990 A1 & Alma’s Supper Club, Cooks Bay Transient docks - 16’ extension, 116’ total Charter boat docks - 24’ extension, 74’ total Cochrane’s Boatyards Inc. Excelsior Bay - 20’ extension St. Albans Bay (no extension) City of Deephaven Carsons Bay - 24’ extension,164' total St. Louis Bay (No extension) City of Greenwood St. Albans Bay - Site 1-60’ extension, 147’ total St. Albans Bay - Site 2 - (No extension) I.ower Lake South -Site 3 - (No extension) Lakewinds Association Spring Park Bay - 98’ extension, 198’ total City of Mound - Priests,Cooks, West Upper Lake, Phelps, Black Lake, Emerald Lake, Seton Lake, Harrisons, Jennings & West Arm Bay (Letter from Jim Fackler, Mound Park Director, dated 2/19/91 on file) Rockvam Boatyards, Site 1 (New survey submitted) West Arm - Main dock 85’ extension, 296’ total straight dock 76’ extension,245’total (Site 2 is connected to this dock) Rockvam Boatyards. Site 2 (New survey submitted) West Arm - 76’ extension, 204’ total West Beach Apartments, Coffee Cove - 96’ extension, 176’ total I ■-‘ .,v.. LMCD BOARD OF DIRECTORS March 27, 1991 D. RENEWALS WITHOUT CHANGE, WITH TEMPORARY EXTENSIONS CHANGED FROM 1990 Eagle Bluff Homeowners Assn., Halsted’s Bay - 12’ extension. 112’total with change in configuration - Slips 5 (16’w) would be moved to the east of the main dock due to shallow water on the west by Eagle Bluff Point. Sandy Beach Place, West Arm - 40’ extension. 96' total (last year they extended without application) No boat parking will be allowed at their 8’ extension and no larger than 28’ watercraft stored at slip 1. Woodend Shores Beach Association, West Upper Lake 30’ extension, total 130’ (Last year’s extension was to 125’ ) Methodist Lakeside Assembly. Wayzata Bay - 204’ extension. 264’ total (Increase from 184’ to 264’ - Water Depths verified) NON RENEWING. PAYING ADMINISTRATIVE FEE TO HOLD IICENSE Upper Lake Minnetonka Yacht Club, South Upper Lake E. Motion carried unanimously. 5. Harborage Homeowners Association Grathwol moved, Boswinkel seconded, approval of a double side setback variance on the northeast side of The Harborage and a minor dock configuration change due to wind fetch hardship: the LMCD attorney to prepare the Order. Motion carried unanimously. 6. Deicing Regulation Enforcement The Board accepted the Committee direction to the staff enforce LMCD deicing regulations with the understanding that after fish houses are off the lake and the ice is no longer there be some latitude exercised in requirements that fencing be in place. 7. Methodist Lakeside District Mooring Area and Temporary Low Hater Variance Application Grathwol moved. Rascop seconded, to approve the Methodist Lakeside Assembly District Mooring Area and Temporary low water variance application for the extension to 300'. Motion carried unanimously. B. LAKE USE COMMITTEE, Vice Chair Foster for Chair Pillsbury 1. Minutes Foster moved. Reese seconded, approval of the Lake Use Committee minutes of 3/18/91 as submitted. Motion carried unanimously. LMCD BOARD OF DIRECTORS 2. Halsted/Priests Bay Channel Buoy March 27, 1991 No action required. 3. Don Shelby U.S. Invitational Bass Tournament, 9/20-22/91. 4. MN B.A.S.S. State Federation Fishing Tournament, 9/5-7/91. Foster moved, Martinson seconded. approval of the new Special Event applications according to the conditions set forth by the Committee. Motion carried unanimously. 5. Sunmer Rules Brochure The Executive Director reported receipt of two bids for printing the Summer Rules brochure. The low bid was submitted by Quality Quick Printing, Minnetonka, in the amount of $5,256., approximately $800 less than the next bidder. Two additional £irms declined to bid due to special waterproof paper and five color printing. . . j Reese questioned the need for five color printing and considers the Summer Rules as presented an unwarranted expenditure. The Executive Director responded that the multi color printing is necessary to illustrate the buoy markings. Camera-ready type from the last printing is being used to save costa. He stated that 10,000 brochures are to be printed. A self-mailer fund raising insert for EWM has also been added. Rules will be mailed to lakeshore owners, and broader distribution is planned through cooperation from the cities through their municipal dock permit holders, marinas and bait Foster moved, Babcock seconded, to approve the low bid of Quality Quick Printing in the amount of $5,256 for printing the Summer Rules brochure and fund raising envelope enclosure. Motion carried, Reese and Rascop voting nay. 6. Hater Patrol Report Sgt. Chandler reported as follows: 4c Inspections of public rental boats will be hold on 4/15/91. Charter boat inspection is scheduled for 4/29/91. An informational meeting is planned for 7:00 p.m., 4/18/91, Water Patrol Headquarters. Spring Park, with charter boat operators. Board members are invited to attend. , r j ... n -i ♦ The State Department of Labor and Industry, Boiler Inspectors, are trying to get sponsorship of legislation so they do not have to inspect charter boats. » The Water Patrol has a full time person locating and marking illegal or abandoned water structures and buoys so they can be removed from the Lake LMCD BOAIiD OF D1 liFC'l'URO March 27.1991- The group s reatment of to remove • five lakes iKei’s bill as a pilot On 3/16/91 two deputies captured 2 felons after a 2-1/2 hour chase The chase involved 19 other law enforcement officers. These felons are suspected to be responsible for stolen vehicles I fish house vandalism and fish house thefts. * In response to a question from Martinson, Cliandler stated that it has been determined that the sinking of the charter boat Paradise Princess in 1990 was caused by improper placement of passengers, all crowding into the stern area. C. ENVIRONMENT, Chair Reese 1. Bill For An Act to Provide Funding for Control of Exotic Weeds. Reese reported that he, Foster, Ted Maro and Gtrommen met with Representatives Ron Abrams and Steve Smith, along with DNR managers Tom Sak and Bruce Hawkinson to discuss Representative Tony Kinkel’s and Brad Stanius’ separate bills dealing with research and control of exotic plants and animals, discussion favored the need for education and earl new infestations. Kinkel’s bill was to be ameu iv purple loosestrife control and an access monitor!ui' to study the spread of Eurasian water mi.lfoil. would add an inspection program for trailered boats program. Stanius’ bill to Establish an Exotic Species Management Inter-Agency Committee would concentrate more exclusively on research, to include all exotic plants and animals. DNR stated it favored this bill as being a comprehensive exotics program, with administrative costs eligible for o to 75% Federal reimbursement. The funding from the $2 surcharge on all watercraft, however, supports exotic research on plants and animals not involved with lakes. Reese proposed the Board support the Stanius bill as he understood the DNR’s support for it. Strommen pointed out that Abrams and Smith were expected to be working with Rep. Kinkel, whose statu'e with the Environment Committee was expected to be a key to getting any such bill passed. The Kinkel bill also assures a greater likelihood that funds will be included for EWM control programs, the Stanius bill not at all specific to that need. Some $440,000 per year for the next biennium is expected to be raised by the $2 surcharge. compared to the $250,000 Approved in 198S to help milfoil and purple loosestrife. Reese moved, Rascop seconded, support for the Kinkel Bill, HF 446, to establish a $2 surcharge on all watercraft for management of Eurasian water milfoil, public education, and a road-side trailered boat inspection program to st-xdy the spread of Eurasian Water Milfoil. Grathwol spoke in favor of the Kinkel bill since it is co­ authored by our local legislators. Babcock stated he would like to see the two bills before taking a position on either of them. Foster recommended that LMCD staff and Task torce Chair continue to work with the legislators as they develop the bills, avoiding any written support. Rascop subsequently withdrew his second lor the motion, Reese withdrew his motion. No further action was recommended. t. LMCD BOARD OF DIRECTORS March 27, 19D1 2. Weed Harvesting Update Dredging program. the MPD pick-up through * Reese has met with Minnetonka Portable (MPD) to discuss operational details of the harvesting Liabilit/ exposure for the shoreline weed off-load to barge is being reviewed with the underwriters. * The public response to the shoreline weed has been positive according to preliminary contacts made the Lake Minnetonka Lakeshore Owners Assn. * Based on funds received to date, the harvesting season will be limited to five weeks. * The harvesting area permit has been approved by the MN DNR for just over 1,800 acres. Harvesting will begin mid- June. Martinson and Slocum suggested publicizing the shortened season caused by lack of funds. 3. Funding A total of $63,000 city, $30,000 DNR and $30,000 private has been raised to date. j „ Carlson suggests- Board members contact potential lunaing sources in their communities on a one-to-one basis to explain the need for funds. He would like to see a sample letter so there is consistency when discussing the matter. Babcock would like to explore the possibility of establishing an endowment fund. Martinson is opposed to raising money by contribution. He suggested going back to the communities with an assessment program. In his opinion the costs should be paid by taxes, just the same as a snow plowing public service. Boswinkel was excused. D. ADVISORY, Chair Rascop 1. Report on Long-Term Management Program Meetings The Board received a review of the 3/6/91 meeting of the city officials, all present except Shorewood, held at the Wayzata Rascop reported the District has had the benefit of the services of Senior Planner James Uttley, Metropolitan Jounc:L. facilitator for the Management Plan. Uttley will be meeting with the cities on the Shoreland Grant Agreement. i • * The Executive Director also submitted a list or considerations supporting the extension of the Metropolitan Council review of the Long Term Management Program. The LMtu attorney submitted an opinion on the authority of the Management Program. David Arndorfer said he Joes not see the plan being gutted or threatened during the review process to this time. He recommended being careful about making changes that would defeat its effectiveness. ^ y. Skip Johnson, Mayor, City of Mound, reported on a Mayors meeting for the 14 cities held earlier this evening at the caii i> [i LMCD BOARD OF DIRliCTOUO March 17, 1990 program is plan as a it as a concerned of the Wayzata Mayor. Seven of the dissenting conununities were present except Minnetonka. The seven cities engaged a consultant to review the plan. Johnson said, in his opinion. the basic the definition of the Plan. Mound’s council views the working framework, while the dissenting cities define comprehensive land use plan. The communities are about how the Plan can be amended. The communities want to make their changes in the Plan before they endorse it. Johnson has invited all city Mayors to an April 17 meeting in Mound. James Uttley handed out a draft of Underlying Principles of the Management Plan. He led the Board through a line by Line review of the draft, noting changes in wording suggested by the members. A corrected copy will be provided all cities, directors and affected agencies. . i • Foster moved, Rascop seconded, to adopt the Underlying Principles of the Management Plan as modified. Motion carried unanimously. . , On behalf of the Board, Babcock expressed appreciation for the cooperation of the Metropolitan Council for Uttley s^service. Uttley then presented a revision of the MN DMR Shoreland Grant Agreement. He pointed out some changed wording and added sections based upon the principles. He will review it with the MN DNR for their final concurrence, having so far discussed the draft with their representative, Ed Fiel. LMCD staff has also reviewed the draft. , mm Grathwol moved. Foster seconded, to approve the revised MN DNR Shoreland Grant Agreement to more closely meet all 14 cities acceptance. Motion carried, Babcock abstain: g. Rascop asked Uttley to give thought to preparing a statement on how the Plan can be amended. (Attorney LeFevere has proposed an outline speaking to this procedure.) Foster moved, Rascop seconded, to grant a "*-‘y extension to the Metropolitan Council review period, due to commence May 6 upon expiration of the first 90 day extension. Motion carried unanimously. B. FINANCIAL REPORTS, Treasurer Boswinkel 1. Foster moved, Grathwol seconded, to approve the Statement of Cash Transactions, month ending il/20/91. Motion carried unanimously. _ 2. Audit of Vouchers for Payment. coster moved, Babcock seconded, to approve the payment of bills in the amount of $23,189.66, Check 1* 6750 through 6788. Carlson asked if the legal service charge is a normal amount. He was informed that prosecution costs are up due to the Freeman case appeal. Motion carried unanimously. 3. LMCD Annual Audit Progress The Executive Director said the annual audit report will available at the April Board meeting. f- Jf'li'y:’-' LMCD BOARD OF DIRECTORS March 27, 1991 F. EXECUTIVE DIRECTOR, Stroaunen 1 Strommen submitted the Personnel Review and Current Compensation Status report of Joan Mansk. Rachel Thibault and Muriel Stewart. G.OFFICERS REPORT, PERSONNEL REVIEW, Vice Chair Foster 1 The Board received the Executive Director's Performance Appraisal as submitted under Chair Cochran's signature, expressxng ^Adjustment. Slocum moved. Rascop seconded, to approve the compensation and benefits adjustments recommended for part and full time staff for fiscal year 1991 according to the officer's summary provided the Board, adjustments to be effective 1/1/91. Motion carried unanimously. Unfinished Business. There was no unfinished business. Hew Business. Strommen submitted the updated roster of city contacts and mayors along with facts on the cities. Adjournment Vice Chair Foster declared the meeting adjourned at 11:00 p.m. David CochranI Chair Dougias BabcockI Sacrotary ~ - -* i.. . %■ LAKE MINNETONKA CONGERVATION DISTRICT Action Report Water Structures and Environment Committee Meeting:Saturday. April 13, 1991. 7:30 a.m. Norwest Bank W -oata, Community Meeting Room Members Present: Bert Foster, Deephaven; James Grathwol. Chair, Excelsior; David Cochran, Greenwood; Robert Pilisbury, Minnetonka; Thomas Reese, Mound; JoEllen Orono: Robert Rascop, Shorewood; Douglas Babcock, Vice Chair. Spring Park, David Bartos, Victoria; Robert Slocum. Woodland. Also present: Eugene Strommen, Executive Director. The meeting was called to order by Grathwol at 7:30 a.m. Chapman Place License Application The Executive Director reviewed the status of the Chapman Place Application. At its March 9, 1991 meeting the Committee recommended that Chapman Place secure an owner-operator for their docks within two years or lose their grandfathered status. At the request of the applicant the Board tabled it back to the committee so the applicant could respond to this recommendation. In the meantime Mr. Cuthill. Chapman Place, has submitted a summary of the points he believes will satisfy the conditions of the Order. Charles LeFevere, LMCD counsel. has reviewed the summary and said there are still unanswered questions beyond the scope of one review at this time. LeFevere suggested that matter be continued as recommended through the close of the 19“'^ season to consider the operation of the applicant and their compliance with the license order. j • The Executive Director presented a staff recommendation regarding Chapman Place for consideration by the Committee. Reese moved, Slocum seconded, to accept the staff recommendation referring the Chapman Place license review to staff to work with the licensee and interested committee members through the 1992 season, with quarterly progress reports to the coounittee, 1) to assure the licensee has no problem in complying with their order as it relates in particular to the owner- operator status, 2) to include a review of potential amenities the licensee might voluntarily add over time to compensate tor its watercraft storage density in excess of 1:50; further recommending license renewal approval for the presented with the temporary low water variance to 274 . (tnis compares to 145’normal distance. 306’ temporary low water variance granted in 1990). Motion carried. i 4. • Reese recommended a date by which the operating evaluation %n<l recommendations be made. January, 1993, was offered. Bowers Variance to Establish a Dock Use Area during Low Water The application of Jeannie Bowers, 21600 Fairview Street. Greenwood, for a variance to establish a dock use area during *.ow - continued Water Structures and Environ.T.-ent Com.'nitt.ee April 13, 1991 staf f Area under water was discussed at the March 37, 1991 Board meeting. The variance would provide for a 60’ dock for one 21 boat. A motion to approve failed and the request was referred back to the Water Structures committee. The executive director presented a plan developed by with the assistance of Babcock which siiowed the Dock Use under normal water conditions and the Dock Use Area adjusted low water conditions. The plan shows the ability for each of the neighbors to have a dock, with a ^,0 setback for maneuvering space and at the same time allow Bowers to have a dock for one watercraft. Anyone wishing to moor a sailboat would likely have to obtain the permission of adjoining neighbors because of infringement on the neighbor's Dock Use Area. It was explained this is a temporary plan for low water years only, a determination made annually by the Board. , Grathwol suggested the committee consider the Bower s request in two parts. First to determine whether Bowers is entitled to any dock. Ir that is the committee's determination, then to follow with a discussion of the proposal as presented. Foster moved, Babcock seconded, to recommend that Bowers is entitled to a dock to navigable water. Discussion: Rascop spoke in opposition because it is setting a precedent that any riparian property is entitled to a dock. (it is understood that some significant shore!ine-limited riparian properties could have no area for a dock and boat.) In x>Q3ponse to a question from Hurr, Foster stated the motion applies only to the Bowers' property. Cochran view this motion as saying that in this particular configuration there is an opportunity to build, under low water conditions, a dock without unduly inconveniencing other properties. There could be a situation where no dock would be possible. In this case there has been a dock for many years on 66 of shoreline. Vote: The motion carried, Rascop, Reese and Bartos voting Babcock moved, Foster seconded, that the committee recommend that the proposed Dock Use Area plan, as presented, be adopted for low water years with the additional nine stipulations forth on the document entitled "Bowers Variance Stipulations dated 4/10/91 and made a part of the file. Discussion: Bartos reflected comments of people in the audience that what looks good on paper does not necessarily reflect what is in actuality. Babcock, Cochran and Foster mentioned other similar cases which have been settled by the neighbors themselves or by LMCD action. Ms. Bowers said that as the water rises they will make every effort to pull their dock in, it being on wheels. She also they have no objection to the neighbors crossing into their Dock Use Area to moor a sailboat. Tim McCarthy. 21560 Fairview Street, asked whether the drawing reflected the Morns dock as it is now in place. Ms. Morris responded that an "L" to the north will be added. She further said that while it looks good on paper she feels it is deceiving as to the size of her dock. it - continued f., Water Structures anu environment <voru.iitt,ee April 13. 19s1 not being as large as iilustz'ated in the example. Bai suggested Morris remove the 24’ "L’ to the south to open up more space. r, • _iDr. Schrock introduced the buyer of his property. David Graham, 21630 Fairview Street. Morris asked if Graham would share his dock with Bowers as has been done in the past. Graha.m responded that he would to have more time to see how the plan develops. He considers that a matter between Bowers’ and himself. Hurr asked who is going to bear the responsibility for enforcement of this plan if adopted. Grathwol responded that if the Board approves an Order it is the responsibility of the District to assure that people will willingly comply hopefully without having to issue any criminal charges. LMCD will provide assistance where needed to identify a DUA. Aaendment to Motion: Rascop moved, Reese seconded, that a certified survey be done to show the entire area at the expense of the applicant. Discussion: Cochran stated his opinion that no real use would be served by such a land survey, property lines already being known, and the water use being the issue. Foster would oppose the amendment as these are temporary docks. Rascop said the plan is so specific that there is a need for a professionally drawn schematic. . . v -i j tote: There were four ayes and six nays and motion taiiea. Schrock asked for LMCD assistance in determining the method to be used in laying out the docks. Grathwol offered assistance within LMCD budgetary and staff limitations. Vote on the Original Motion: The motion carried, Reese, Rascop and Bartos voting nay. Channel Drive Dredging Application The executive director reviewed the history of a MN DNR dredging permit issued originally 3/10/89 to the Channel Drive Er.::;r .k~ f“ of the channel to give access to a small outlot grouping on Manor Drive, east side of St. Alban's Bay.. _ Charles Wendle. 20900 St. Albans Green. John Livingston 20965 Channel Drive, and Jon Zydenbos, 20870 St. Alban’s Green,, expressed their concerns at not being able ® government agency responsible 5,;, Cochran responded that the ultimate decision lies wi DNR. The Minnehaha Creek Watershed District has regional authority. The LMCD has no direct authority except the right of comment. During the neighbors’ discussion there "*®2^«outiva hay placed at the entrance of the channel. The executi director advised that the applicant initially willing to remove the hay. later declined. The hay is washing into the Lake. me DNR was asked 4-12 to take steps to have it ‘ said that type of pollution is a direct concern of the LMCD. (r h- f' Water Structares an.: Environment.— «-T> .i3 >• » t^ L 13c* i In their presentation the neighbors expressed other concerns that they would like to have addressed, such as: l! The purpose of the dredging being to extend riparian rights to non-riparian owners by placing docks on unbuildable lots. 6.) The dredging at the entrance to the Channel will undermine the properties on either side and could result in the loss of trees. 3) Dredging could result in opening up seepage from the adjacent auto salvage operation with resultant pollution. They believe an environmental study should be done as the wetlands are believed to be Type 4 wetlands (cat tails with open water). John Sayer, 20850 Channel Drive, reported he learned from a long time, recently deceased neighbor, that the channel had been dredged in the 40’s. Cochran also confirmed his knowledge that this channel has been previously dredged. Cochran suggested packaging the facts relating to this permit so the District can properly respond to it. He added some of the concerns do not necessarily deal with the permit to dredge. LMCD has to package the information so the Watershed District and DNR can act on the broader issues than just (Jredging. As an example Cochran mentioned the possibility that this is a fish spawning area. The environmental influence of the nearby auto salvage operation is another example. Grathwol asked the neighbors present 1) Are you opposed all dredging in the channel? They responded no. 2) Are opposed to all dredging beyond tiie iSayer residence? Wendle Livingston responded yes for the group. Chair Grathwol asked Cochran to work with the neighbors to package the environmental and other factors for the Board s consideration, for a May 11 committee review. to you and Hajrzata Yacht Club Multiple Dock and District Mooring Area Renewal Applications The Wayzata Yacht Club has requested a temporary low water variance which is designed to permit the club to operate within the 400’ maximum distance for its mooring area. To accomplish this* they need to move eight moorings from the District Mooring Area to dock storage. The committee received copies of a letter from the City of Wayzata requesting delay of the WYC multiple dock and mooring area license because the WYC has not executed a Conditional Use Permit needed for final zoning approval. The executive director responded to the City of Wayzata advising them of the LMCD practice of allowing applicants to proceed with their installations under the previous year’s approval until outstanding matters can be settled. In a memo dated 4/4/91 Administrative Teclmician Thibault reported that the city would not object to the proposed temporary low water variance to transfer storage of 8 boats at moorings to 8 slips on the dock. Slocum moved. Piilsbury seconded, to recommend approval of the Wayzata Yacht Club District Mooring Area, Multiple Dock License for Sites 1 and 2 and the temporary low water variances as needed, according to their application. ' l' Water Structures and Environment Committee April iji li?wl Reese expressed his opinion that approval of the licenses should be subject to the resolution of the coning problem as expressed by the City of Waycata. The motion carried. Reese voting nay and Hurr abstaining as she was away from the table during the discussion. Duane Markus, Wayzata, questioned whether the WYC could opQjfate prior to approval by the Board on 4/24/91. He was advised that a complete fee~paid application pending approval gives the licensee interim operating privilege. Bean's Greenwood Marina, St. Albans Bay James Bean has submitted an application for his Multiple Dock License renewal without payment of the fee. Bean requested consideration of a method to allow him to pay the $2 ■ ^,00 fee on a time payment schedule. He offered three installments. Bean gave as his reasons the concurrent income tax. real estate tax and license fee timing. He also said he was not able to rent all of his slips in 1990 although he paid the full fee. He was reminded that payment of the full fee is required to retain his grandfathered density status. Hurr movedf Bebcock secondedt to teke no action on the James 3aan request for a 90 day extension to pay tne license for Bean's Greenwood Marina and to follow the policy of requiring the foe before issuing a license. Motion carried. Bean asked about possible future arrangements for a time payment plan. He was advised he may write a letter with details. Windward Marino,Inc., Browns Bay Windward Marine. Inc. is requesting a 60 extension, 260'total (200'total in 1990). with minor change in configuration as approved in 1990. The applicant said he would take readings as the dock goes out. He needs 4’ - 5’ of navigable water for deep draft keel boats. , • Dana Wells, 1397 Orono La., Orono. objects to tlie extension. She stated that her property faces the Windward Marine, Inc. dock. In 198*3 it had no extension beyond 200’. In 1989 it went out an additional 40’. In 1990 it was granted an extension to 280'. In no case were the neighbors advised of the extensions ^ithough in 1990 she objected to the LMCD. It is Wells feeling that Windward Marine should (o back to the 240’ dock as it was in 1969, considering that water levels are at or better than 1909. Responding to a question from Cochran, she said she did not know if all the docks were used in 1990 but she did observe the boats are becoming larger. Cochran moved. Foster seconded, to approve an extension ot 40’ to 220’ and if not adequate the applicant could request a further extension. Water Structures and Environment Committee April 13, 1391 During the discussion Wells mentioned a rock jetty placed somewhere in the vicinity of the docks. No one was aware of the jetty or any permits for it. A car tire breakwater exists on the west side of the docks. There was discussion about the timing involved in asking for a further extension if needed. The motion and second were withdrawn. Hurr moved, Babcock seconded, to allow Windward Marine, Inc. a temporary dock extension to a maximum of 260' to accommodate 4’ keel boats, less if possible, with the stipulation that the applicant advise the LMCD dock inspector when the docks are being installed and to show just cause for any extension over 40*. Motion carried, Slocum voting nay. The staff was asked to look into the matter of the rock jetty and car tire breakwater, and to determine who has jurisdiction over such installations. RENEWALS WITHOUT CHANGE Pillsbury moved, Babcock seconded, approval of the following 1991 Multiple Dock License Renewals without change: Big Island Vets Camp, Veterans’ Bay Cedarhurst Association, Robinson’s Bay Jennings Cove Dock Owners Assn., Jennings Bay Lafayette Ridge Homeowners Assn., Lafayette Bay Loring Acres Motion carried unanimously. RENEWALS WITH MINOR CHANGE Hurr moved, Babcock seconded, to recommend the following 1991 Multiple Dock License renewals with minor change: Boat Rentals of Minnetonka, Inc., Harrisons Bay (aka, Minnetonka Boat Rentals) with relocation of slip 4 as approved 1/23/91. Shoreline Drive Marina & Yacht Club, Inc. , Smiths Bay Now name (formerly Smiths Bay Marina) New owner - Maurice J. Wagener Refund $05 overpayment on fees - staff correction of Watercraft Storage Units for Shoreline Drive Marina. Tonka Bay Marina, Lower Lake South New Owner - Resclution Trust Corporation, receiver for United Savings Bank, FSB. Subject to receipt of $240 balance due for 1990 Motion carried unanimously. RENEWALS WITH TEMPORARY EXTENSIONS WITHOUT CHANGE Hurr moved, Babcock seconded, to recommend approval of the following 1991 Multiple Dock License Renewals with temporary extensions without change: - continued 'Irfv %-i ,r-‘ M':,h bjf- I- ir i w■ i;:v '''<--V'.' k 't;r-- wnm-M Watar Structures and Environment Committee April 13, 1991 Hary T. KresLins, St. Albans Bay Temporary extension of 6’ to 38’ total Minnetonka Boat Works - Orono Subject to arrangements being made with Water Patrol and Orono Fire Dept, per conditions a & i of Order 9/26/90 and to applicant response to complaint about foam breaking off floating docks Tanager Lake “ 170’ extension, 240’ total Browns Bay ~ no extension Minnetonka Boat Works - Wayzata Subject to arrangements being made with Wayzata Fire Dept, per condition of Order 9/27/89 (accomplished) Wayzata Bay - 40’ extension, 238’ total Minnetonka Edgewater Apartments, Spring Park Bay 52’ extension, 152' total Shorewood Yacht Club, Gideons Bay 7’9" extension, 207'9" total Motion carried unanimously. BBHBilALS WITBOOT CHANGE. WITH TEMPORARY EXTENSIONS WITH CHANGES IBOM 1990 Cochran moved, Hurr seconded, to recommend approval of the following 1991 multiple dock license renewals without change, ifith temporary extensions with changes from 1990* Bayview Condominiums, Spring Park Bay 92' extension, 192’total with change in configuration per site plan, moving 9 slips from west of main dock to east side due to shallow water on southwest end of dock Clay Cliffe Homeowners Assn., Old Channel Bay 90’extension, 120' total (100’ total 1990) with minor change in configuration to accommodate canopies - approved 1990 Crane Island Association, West Upper Lake 20’ extension, 60' total (1990 they extended without an application) Dennis Boats, Lower Lake South 156' extension, 240'total (255’ total 1990) with change in configuration - approved 1990 City of Excelsior Site 1 “ Docks 1-12, 16' extension,56 total Pier ’ -20’ extension, 100' total Site 2-21’ extension, 61' total Site 3 - no extension Lafayette Club, Crystal Bay 36' extension, 116’ total (123’ total 1990) Motion carried unanimously. v: I : V, r f?: I !r tf 'V r‘. r I4^: Jl i»'v Water Structures and Environment Commit-ee April 13, ly91 LICENSE RENEWALS WITH PENDING ISSUES Excelsior Park Tavern, Excelsior Bay Excelsior Bay Yacht Club) New Neune (Formerly The City of Excelsior has reviewed the Excelsior Park Tavern application for a Multiple Dock License. They have g-anted Excelsior Park Tavern a Conditional Use Permit for 32 slips, with a maximum of 20 for overnight dockage. Among other stipulations in the City Resolution No. 91-11. it states charter boat cruises shall not originate or terminate at or from the marina The City agrees there is no need for further environmental assc .cnts on the E.A.W. (The E.A.W. applied to the expanded 40 slip plan however.) Excelsior Park Tavern is prepared to operate the 32 slips for 1991 but are paying for the 40 slips approved in 1990. In so doing the licensee is keeping the newly expanded license valid^ochr^n moved. Babcock seconded, to recommend holding a Public Hearing with the intent to consider the license based upon the changes in the amenities resulting from the city s rejection of the charter boat storage and operation amenity. Motion carried unanimously.The committee agreed the licensee could continue operations under the existing permit pending the outcome of the Hearing. Foxhill Homeowners Assn., Smiths Bay 80* extension, 224* total The committee was informed Foxhill is are installing 6 slips, one of which is a for a maximum of 32’. The Association is include one 40’ slip. Upon review of the the license is grandfathered for density therefor when all 13 slips are installed, be aoiended to include a 40’ slip. The withdrawn by staff. licensed for 13 slips. 40'slip, the license is asking permission to site plan, it was noted gjreater than 1 • 50 . the license could not 40’ slip request was Eoreat Arms Improvement Association, Forest Lake 32* extension, 132* total The Committee was informed Forest Arms is licensed for four 16* slips, but are using them as 24’ alips. While the may have made slips narrower to maintain the s^e allowed to make slips larger, from 16 to 24 , without a license, which is not allowed under the present moratorium. North Shore Drive Marina, Maxwell Bay - continued rtL, . I- I r a 'A' •^‘1 r II Wa'bBr S'truc'&urBS and Environmsnt. Lommit.tee April 13. 1991 and fewer in service. Staff will work with the licensee to adjust the slip designations and respcrd to the City of Orono. Park Hill/Park Island Apartments, Seton Lake. The applicant has been advised the District cannot accept partial renewal. They will have to renew all of their docks or not operate them. A partial application will oe returned and so noted. BDP Partners/Opper Lake Hinnetonka Yacht Club New Name (formerly Upper Lake Minnetonka Yacht Club/RDP Partners The licensee would like to install the docks, providing most of the amenities, before the new building is complete. The license is pending receipt of a b .Iding approval, which it has received from the City of Spring Park. There was no action taken since the licensee has not formally communicated its plans. David Thomas Development, South Upper Leike Xhe developer has submitted two new site plans dated 3/18/91 indicating a change of location of the slips, facing out from the right to the left side of the dock. The consensus of the committee is that the change is minor. Motion- Babcock moved. Pillsbury seconded, to recommend approval of the Excelsior Park Tavern multiple dock license at 32 slips, to recommend approval of the North Drive Marina multiple dock license subject to adjustment of the storage vs. service count, approval of the Forest Arms Improvement Association and Foxhill Homeowner Association multiple dock license renewal with no changes in slip size and approval of the David Thomas Development multiple dock license with a change of slips from the right side of the dock to the left side of the dock. Motion carried unanimously. Defliij.-tion of Commercial Marina and Outlot Association Facilities mw%a proposed code amendment per LeFevere letter of 3/25/91 The subject matter has to do with Excelsior Bay Associates and Chapman Place. At its last meeting the committee supported approval for Excelsior Bay Associates its existing method^ of operation and approval of Chapman Place as a commercial marina, maintaining their operation with an “arms-length management agreement. j v- ^4!The purpose of the ordinance is to change the deiinitxon or commercial marina facilities and change the definition of private facilities (outlot associations) in such a way that these two operations will be treated separately. Excelsior Bay Aeaociates, under the proposed Code amendment, will have^approval as an outlot association, but there will be no change in their operation. The change in ownership of the stock will make no difference. It will be conveyed as an outlot association. - continued i. 4 r Water Structurei and Environment Committee April 13. 1991 Chapman Place would have two years, under Staff supervision. to develop a system of outside management so it can continue as a commercial marina under separate management. Any luture of dock ___ __ «»configuration by Excelsior Bay Associates coui-i result in a limitation of dockage from that presently liceni^ed. Grathwol moved, Foster seconded, to recomir.-^rd adoption of An Ordinance delating to Conversion or Use of Non"jonforming Docks and Struc;»;ures in Lake Minnetonka; Amending LMCD Code Section 2.11, Subd. 2 and Adding New Subdivision 5 to Section 2.11. Motion carried unanimously. It is to be noted that the Excelsior Bay As.iociates will be grandfathered as an outlot association. Hurr mov^ . oabcock seconded, to approve the Multiple Dock License for the Excelsior Bay Assjciates. unanimously. Moti ir:carried 1991 Multiple Dock License Renewals. Late Appiicatxons, Non- Applications Garle's Marina: The suit against Gayle’s Marina for improper storage of barges has been settled. They agreed to put the three barges into three slips in their marina during the summer. In the winter the barges will be stored in aisles of the docks. The barges were previously beached on the west shoreline. Foster moved, Hurr seconded, to recommend approval of Gayle Marina’s 1991 Multiple Dock License subject to payment of the $100 late fee, $70 past due fee from 1990 and submission of a dimensioned and slip numbered survey of the property. Motion carried unanimously. Grajf'a Bay Marina ■ Application with full 1 3e has not been received. Not eligible to operate until application fees are completed. Lakeside Marina, Maxwell Baj - No application received. The temporary extension is still in the water at 600’, there is dock foam fragment litter reported in the area. The dock configuration ^Xso does not foxlow the site plan. It is not eligible ^t,o operate until a complete license application is received meeting 'temporary low water variance stipulations. Roger Nikner, Wayzata Bay - Reduced slips from 9 to 6, renewed late, 4/12. Mai Tai, Excelsior Bay - The res .^'.urant is not operating. Thejre i* a need prevent the pubi;.c t.se of the docks, staff reported. , .... Pillsbury moved, Hurr seconded, to instruct the owner ot the Hal Tai to rop off the slips at the Mai Tai, and to instruct the staff to proceed for enforcement of code for the marinas which have noc made application for a current 1 ^ense. Motion carried unanimously. i _^ Water Structures and Environment Committee April 13, 1391 k ■ : %,* 5.V ■'i I’ ! \iic. Late Renewal Applications holding for City certificates Hurr moved, riaLcock seconded, to recommend approval of the 1991 Multiple Dock License Renewal for The Harborage, Smithtown Bay; St. Albans Bay Marina. St. Albans Bay; upon receipt of the city certificates. and to scale di.-nensioned survey for The Harborage. Motion carried unanimously. Refund Babcock moved, Grathwol seconded, to recommend approval of a $100 refund to Harrison Harbor Twin Home Associates, Harrisons Bay since the as-built survey has now been received. Motion carried unanimously. ENVIRONMENT Chair Reese suggested separating the Environment Committee from the Water Structures Committee so it could have more attention separate from the lengthy and demanding Water Structures Committee agenda. Operations Progress. An ad is running in the newspapers for a mechanic and supervisor. Insurance for Lakeshore Weed Pickup Program. ihe insurance Qarx'ier has indicated it will not insure LMCD engaging in the public unloading lakeshore weeds to the MPD barge. Minnetonka Portable Dr *ing (MPD) in preparing to engage a business for lake* —• P up. Staff encouraged MPD, but advised them they woul . b» in exclusive contractor for such a LMCD-supported K09G iving service. . , * i jiislation. The Kinkel bill has been amended to include much of the Stanius bill. involving inter-agency committees, citizen advisory committees, heavy on research of all exotic plants, animals. Funding for control programs in this revised bill is unclear, and at DNa s discreti n. , . ^ > a,u 4-v.a No action was taken, except to continue working with tne bill's authors! ..... ..u-Funding Progress Board members were asked to review the list of prospective donors and add names trom their community. Reese said Hennepin County will be approach<d again tor funding. The Executive Director sug ’Jted considering hiring a temporary fund raiser for a specific i; rim goal to boost present Avowing fund needs. Hurr object' o that approach. Reese said LMtU should continue with the .od they have been using and try the individual one-on-one approach for major ($500 and higher) contributions^^^^^^^^ Use of Suburban truck and EWM Equipment Reese moved. Kurr seconded, to recommend adoption of the policy on use of the Suburban truck as prepared by the executive director. Motion carried unanimously. 11 S'it I'fe i (V It ' ["sV''K H V , ,A- IP- 1'- '*>’ '* ’*• . r- - • kV * r; ■ I.;. d'IV' h\.I'- I VN ' tM;. rff^r>A\ ■yc ir. »■Tr ■ ;'^,i ■ K -.' ' ■•■. •,. r-/i': i>- Water Structures and Environment Committee April 13, 1991 Other Grathwol mentioned the separation of the committee Into two committees. Ho suggested a solution might be to place the Environment section at the beginning of the agenda. Adjournment The meeting was adjourned at 11:45 a.m. FOR THE COMMITTEE: Eugene Stroouneni Executive Director James Grathwol• Chair -Ap.. 3.^. , <1 o LAKE MINNETONKA CONSERVATION DISTRICT ^ I ■1 V’ r |l h.'- i*' ^LL Acrtion Report Meeting: Lake Use Conunittee Monday, April 15, 1991,4:30 p.m. Norwest Bank Waysata, Community Meeting Room H^sbera Present: Bert Foster, Vice Chair, Deephaven; James Grathwol, Excelsior; Robert Pillsbury, Chair, Minnetonka; Thomas Reese, Mound; Marvin Bjorlin, Tonka Bay. Also Present: Deputy Schmidt, Sheriff's Water Patrol; Bud Miller, Fishing Advisor; Rachel Thibault .Administrative Technician; Eugene Stronunen, Executive Director. The meeting was called to order by Pillsbury at 4:30 p.m. Qf flajrsata Public Dock Status for Charter Boat Use In a letter dated 3/5/91 the City of Wayzata stated they ifill no longer issue permits for charter boats to use the depot docks as a port of call. The Executive Director reported that in a personal visit with the City of Wayzata Planning Assistant Tom Young. it was determined the City will not prohibit use of the depot docks for charter boats, but will not issue permits. In a memo to the committee, the Executive Director recommended communicating Wayzata's concern about parking and conflicts to the charter boat operators. During the discussion the following comments were made: Ihe LMCD application for a charter boat license requires listing all ports-of-call. Pillsbury noted that the City of Excelsior for the use of their docks by charter boats, the LMCD desire to preserve charter boat He also pointed out that the use of the docks by _ _ is an amenity required as part of the Wayzata Multiple Dock License. Grathwol also commented on the Wayzata Ikiltiple Dock License, stating if charter boat service is stopped the City would not be living up to the terms of their license. Reese moved, Grathwol seconded, to recommend communicating the following guidelines to all charter boat operators: ^ 1. Advise advance-booked patrons to park in the city s public parking ramp, definitely not using the depot parking lot. Most city streets have time limits or limited parking in that charges a fee Foster noted destinations. charter boats 2. Advise cat*^-ing services to avoid tying-up limited space while unloading, **Ning the space only for the time during which supplies are being moved to or from the charter boat. ocac 3. Check with the Wayzata Chamber of Commerce. 473-9595, regarding dock-use dates to avoid conflicts with chamber or city special events. Motion carried unanimously. Public Officials' Lake Outing of August 3 Starting Time: A departure time of 11:30 a.m. - continued was agreed r r k S- .i ¥r Lake Use Committee April 13, 1991 Invitation List: The invitation list should be sent out earlier than last year. Grathwol favored leaving the District Court judges on the list even though they do not participate in any large number. • , j • Charter Boat Selection: Two smaller boats will bo used in lieu of one large boat, as they give access to a larger part of the Committee Tour: It was suggested that a date be set for the Joint Committee Lake Tour, with arrangements for the boat made now. (LMCD calendar shows June 8, 1991) New Special Event Applications 1. Water Ski Show, Minnetonka Boat Works, Wayzata, 6/1/91 A 6/2/91 Both Whittaker and Eric Turnquist were present to speak to the Minnetonka Boat Works application for a Special Event License for a Water Ski Show on June 1 and 2 from 12 Noon - 4 p.m. The show will be held in front of the Waya^ta Minnetonka Boat Works, Beth is working on a layout of the course with the water ski show operators, and will submit a copy prior to the event. The boats will be inboards, identified as Ski-Supremes. In response to concern over the noise during the event Whittaker explained it will not be a continuous four hour operation. Schmidt advised Turnquist that the use of a ‘silent choice" cut out device is not legal in Minnesota. Whittaker stated they plan to request use of the Investors Bank parking lot if necessary. Reese moved, Grathwol seconded, to recommend approval of the concept of a water ski show in Waysata Bay Juno 1 A 2, 1991, according to the Special Event License application of Minnetonka Boat Works pending further information on parking and course information. Motion carried unanimously. 2. In the Water Sailboat Show, Minnetonka Sailing, 6/28/91, 6/29/91, 6/30/91 Minnesota Sailing has made application for a Special Event License to hold an in-the-water Sailboat Show on June 20, 29 and 30th at the Excelsior Park Tavern Multiple Docks. The applicant stated they will provide valet parking. This type of event has been held in the past. Foster moved, Grathwol seconded, to recommend approval of a Special Event License for Minnesota Sailing to hold an in the water sailboat show June 28 - 30, 1991 according to the license application. Motion carried unanimously. Liquor License Applications Reese moved, Foster seconded, to recommend approval of the renewal of the on-sale wine license with on-sale Sunday option - continued r* I' L- r 'i'I Lake Use Committee April 13. 1991 and renewal of on-saU non-intoxica-ir.g malt liquor lioense. with on-aale Sunday Option for A1 A Alma a aix boats (II, III. VI, X, renewal of on-sale non-intoxicating malt liquor license, with on- sale Sunday option for the Paradise Princess subject to '‘e^eipt of the liquor liability insurance certificate and Hennepin bounty Sheriff's renewal investigation report. Motion earn unanimously.i^oved, seconded, approval of the renewal of the on-sale intoxicating liquor license, with on-sale Sunday optio^ for the Queen of Excelsior ‘QE". Motion carried unanimously. Personal Watercraft Bill Copies of the amended legislation covering the operation of personal watercraft were distributed. The rule about operation in the 150’ zone has been retained but there is no mention of the LMCD restriction on pro-longed operation. ... *u- Bjorlin moved. Foster seconded, to take no action at this time. Motion carried unanimously. Water Patrol Report Charter Boat Inspection Schmidt reported a charter boat inspection orientation meeting will be held 7 p.m., Thursday, 4/10/91 at Water Patrol Headquarters. y, « i*.u The State Boiler Inspector and Hennepin County Health Department inspections are still needed. Schmidt said there are about 20 charter boats and they have no indication there will b any new ones this year. , Schmidt will furnish a list of docking locations when he finishes the inspections. i Spring Activity Report Schmidt reported the Water Patrol is marking temporary structures which do not have permits and they will be impounded. Eight have been removed to-date. Moat are abandoned buoys. BWI Education Program Report . « All Sheriff's Water Patrol Deputies *nd Conservation Officers attend a two day seminar on testifying in BWI cases, fhe curriculum was developed by Sgt. Chandler and Schmidt and has national recognition. . . Other The Sheriff’s Water Patrol will be receiving delivery of three new boats, two for use on Lake Minnetonka. Adjourn The meeting was adjourned at 5:20 p.m. FOR THE COMMITTEE; Eugene Strommen, Executive Director Robert Pillsbury, Chair f:SJ hu tIIp- .X LMCO MEETING SUMMARY MOUND, MINNESOTA 17 APRIL 1991 Cities roprcjicn^cd tho in#s^in9 includei Ozono, Spring Perk, Agencies represented included; LMCD, DNR, Metropolitan Council, Wetershed District Positions Orono, Waysats, Spring Park, Tonka Bay; 1.Management Program should be redrafted to reflect underlying principles of member cities. Orono haa drafted the underlying principles and will distribute. 2.LMCO has taken a step in the right direction by changing its position on membership and taxing authority. Moundt seat deficiencies in plan, differences and move on with now is process.the time to resolve ail Appendix C LMCO will provide the background information to the Program as a separata attachment and will be referred to as the working pepera. The shoreland standards (Appendix C) would be attached es pert of the working papers and referenced as a model. Appendix C would serve only as an attached model for the cities with no reguirements for its use. All of the cities were favorable to thia suggestion. The LNCD/ Metropolitan Council will redraft tha program and provide the attachments with the working papers and shoreland standards. Qrent Acraesient The grant agreement was reviewed. Cities were made aware that the Naysata Mayor was concerned about the Technical Committee and felt it should not be established. Other cities agreed that .ere is e need for a Technical Committee for wnmication/eeordination purposes, but only as long as the c...Amittee stays advisory in nature on technical aspects of each city's ordinance. Cities hed other minor changes to the grant agreement. A redraft of the grant agreament will be prepared by the Metropolitan Council representative. nubias The next meeting of the 14 Citiss, LMCO, ONR, and MotropolUan Council was scheduled for Wednesday, 1 May 1991 at the wayzata City Hall. 'j*. rf;.In, V I uv I; I' ‘V '•rt:^-.t t. w, \f > & i- t*f4- % k W Lit- » . 4 ♦’W: A C Northwest Associated Consultants, Inc. URtAN RLANNIHC«OeSlQN>MARKfT ASSCARCH TRANSMITTAL RECORD DATE: TO: ZZ April 1991 Mark Barnhardson City of Orono 473-0510 FROM: Scott Richards VIA:( )Mail ( ) Pick-Up ( ) Delivery (X) Fax NUMBER OF PACES INCLUDING COVER; 2 . 1 LNCD Matting Sunnary Mlnutas 4/17/91 REMARKS: Ptr your request. Wayzata • LMCO Plan 103.10 - 90.16 RE: JOB NO. IHOl ExetMor Blvd.*Suit* 410•Minneapolis. MN SS4l6*(ei2) 92$*0420*Pax 925>2721 f!L J h: ■■ mk LAKE MINNETONKA CONSERVATION DISTRICT BOARD OF DIRECTORS c w/ AGENDA Regular Meeting. 7:30 pm, Wednesday, April 24. Tonka Bay City Hall 4901 Manitou Road (County Road 19) 1991 Call to Order Roll Call Reading of Minutes: 3/27/91 Rttblie Couent—from persons in attendance not on agenda Chair Report, Chair Cochran 1. Announcements Coaaittaa Reports A. RATBR STRUCTURES. Chair Grathwol 1. Minutes for approval, meeting of 4/13/91 2.Chapman Place license renewal, including temporary low water variance, and license management agreement and amenities review with ^-jncluding recommendation by 1/93 as recommended for approval by the Committee 3.Bowers variance to establish a dock use area during low water, first recommending that Bowers is entitled to a dock to navigable water, and second that the proposed Dock I* .v Area plan be adopted for low water years with stipulations per 4/10/91 d«.ail 4.U^yxata Yacht Club multiple dock and district mooring area renewal applications recommending appr..val for Sites 1 and 2 and the temporary low water variances per ite plan detail. 5.Beans Greenwood Marina, St. Alban s Bay, recoismending no action on request for time extension to pay annual license fee. 6.Windward Marine. Inc. recommending approval of a temporary low water variance to maximum of 260 accommodate 4* keel boats, less extension if possible, subject to LMCD inspection during installation to show just cause for low water extension over 40’. 1 F' . o i-i& :Vr. LMCD BOARD AGENDA. 4/24/91. P. 2 \h- L' '- 7. 8. 9. 10. 11. 12. 13. 14. IS. Multiple dock license renewals without change, recommending approval for 3ig Island Vets Camp. Cedarhurst Assn. Jennings Cove Dock Owners Assn, Lafayette Ridge Homeowners Assn and Loring Acres. Multiple dock licence renewals with minor change, recommending approval for Boat Rentals of \innetonka Shoreline Drive Marina & Yacht Club including $83 fee refund, and Tonka Bay "arina subject to $2**0 payment on 1990 license fees. Multiple dock license renewals with temporary low water variance without change, recommending approval for Harry T Kreslins, Minnetonka Boat Works Orono and Wayzata. Minnetonka Edgewater Apartments, and Shorewood Yacht Club with stipulations per minutes. Multiple dock license renewals with temporary low variance WITH changes, recommending approval for Bayview Condominiums. Clay Cliffe HOA, Crane Island Assn. Dennis ’^oats. City of E.xcelsior, Lafayette Club, variance changes as stipulated in minute's. Multiple dock license renewal for Excelsior Park Tavern recommending a Public Hearing to consider the license based upon amenity changes resulting from the city's rejection of charter boat storage and operation amenity. Multiple dock license renewals with minor change re­ commending approval for Excelsior Park Tavern for 20 storage. 11 transient slips. North Shore Drive Marina subject to storage/service slip adjustment. Forest Arms Improvement Assn, (no change), foxhill Homeowner Assn (no change), and David Thomas Development with minor amendment to site plan. Definition of Commercial Marina and Outlot Assn Facilities recommending Code amendment. Sect. 2.11. Subd. 2 and adding new Subd 5 to Sect. 2.11 per LeFevere letter of 3/25/91. Multiple Dock License for Excelsior Bay Associates, recommending renewal without change. Multiple Dock License renewals, late applications, recommending approval for Gayle's Marina subject to $100 late fee and $70 past due 1990 license fee and submission of dimensioned * r ! ip numbered as-built survey: Roger Wikner. reJucies Hps from 9 to 6 BSU Mai Tai Marina, non-renewal suL'ject to all slips being roped off: recommending approval of license •;. -rf. 'i'ffe ^ ss LMCD BOARD AGENDA.24,91 . P 3 B. renewals, non-renewals, as presented, and further instructing staff to enforce code for marinas which have not made application for a current license. Multiple dock license renewals holding for city certificates recommending approval for St. Alban's Bay Marina and The Harborage to include a to-scaie dimensioned as-built survey. AOVISOKY, Chair Rascop 1. Long Term Management Program exchanges with cities Proposed amendments to Shoreland portion of Underlying Principles b. Proposed amendments to Shoreland Grant Agrmt. Draft revisions to Management Program being prepared by cities and review procedures. 2.Lake Minnetonka Lakeshore Owners Assn. Management Program position update. ENVIRONMENT. Eurasian Water Milfoil T.isk Force. Reese: 1.Policy regarding use of Suburban Truck, recommending approval as prepared by staff. 2. 3. Funding p*-ogress, informational report. Operations progress: (informational, as recommended) a) Hennepin Parks participation statu.: b) Legislative progress ot» research/control bills: c) Laku shore weed collection program status: 4. US Army Corps of Engineers Reconnaissance Study; LAKE USB. Chair Fillsbury Hinutes for approval, meeting of 4/15.'9l1A a 2.Charter boat; use of Wayzata Public Depot Dock, rocommendinn guidelines to accommodate balance public use of the dock and area parking per minutes Natar Ski Show 6/1-2/91. Mir. etonka Boat Works, raconmending concept approval subject to satisfying parking and cours 'ocation requirements. W^i *:• !lv‘-' ' iif. LMCO BOARD AGENDA. 4/24/91. p 4 4.In the Watnr Sailboat Show. Minnetonka Sailinc. Excelsior Pirk Tavern, Excelsior, recommending approval subject to no infringement with transient docks or watercraft stored outside licensed slips. Liquor license renewals recommending app.oval for: a.On-salr. wine, with on-sale Sunday and on-sale non-intoXicating malt liquor with on-sale Sunday for Ai fi> Alma's II. III. VI, X, XI and XII. b.On-sale wine, with on-sale Sunday and on-sale non—into.xIcating malt liquor with on-sale Sunday for Paradise Princess, subject to liquor liability insurance certificate and Hennepin County Sheriff's favorable renewal investigation On ale intoxicating liquor license renewal with on—sale Sunday for Queen of Excelsior. 6. 7. P. 6 • H. I. Water Patrol Report. Sgt. Bill Chandler; Additio: ness recommended. PnfAHCIAL RBPOR*.- .'reasurer Boswinkel 1. Statement of Cash Transactions, month ending 3/31/91 2. Audit of Vouchers for Payment BXBCUTlVh DIRBCTOR. Strommen 1. Administrative progress UMPINISHBD BUSINESS NBIt BUSINBSS ADJOURMMBNT X X X m I LAKE MINNETONKA CONSERVATION DISTRICT Board of Directors Regular Meeting, 7:30 p.m., March 27, 1991 Tonka Bay City Hall ,v: I'-t' Call to Order The meeting was called to order by Vice Chair Foster at 7:30 p.m. Roll Call Members Present: Bert Foster, Vice Chair, Deephaven; James Grathwol, Excelsior; Jan Boswinkel, Treasurer. Minnetonka Beach; Scott Carlson, Minnetrista; Thomas Reese, Mound; Robert Rascop, Shorewood; Douglas Babcock, Secretary, Spring Park; David Bartos, Victoria; Thomas Martinson, Wayzata (as noted); Robert Slocum, Woodland. Also Present: Ron Batty, Counsel; David Arndorfer, Consultant; James Uttley, Metropolitan Council; Sgt. Wm. Chandler, Sheriff’s Water Patrol. Rachel Thibault, Administrative Technician; Eugene Stronunen, Executive Director. Members Absent: David Cochran, Chair, Greenwood; Robert Pillsbury, Minnetonka: JoEllen Hurr, Orono; Marvin Bjorlin, Tonka Bay. Reading of Minutes: Babcock moved, Grathwol seconded, approval of the minutes of 2/27/91 Board regular meeting as submitted. Motion carried unanimously. Public Comments: Foster called for comments from persons in attendance not on the agenda. There were none. Chair Report: Vice Chair Foster for ChrtLr Coclinn A. Ice Out. Foster declared April 0, 1991 as a pro.jection for ice out on Lake Minnetonka. (Ice out was recorded. early a.m., April 8!) Committee Reports A. WATER STROCTURES, Chair Grathwol Martinson arrived. 1. Minutes. Grathwol moved, Babcock seconded, to approve the minutes of 3/9/91 with the following change: Paragraph 2 to read: Foster moved, Reese seconded, to amend the motion to direct Staff to discuss potential amenities to be added over time if Chapman Place is to retain their 1:10’ density. The motion carried. 2. Bolters Variance to Establish a Dock Use Area During Low The Executive Director reviewed the minutes and findings of the Public Hearing on 2/27/91 to consider the request of Jeannie Bowers, 21600 Fsirvlew Street, Greenwood, for a variance to - continued •# it LMCD BOARD OF DIRECTORS March 27, 1991 establish a dock use area during low water. ^ There was additional testimony at the Water Structures meeting of .3/9/91 at which time the Conunittee referred the Bowers request to staff to make a technical review of the facts to establish a solution or alternatives by working with the neighbors as a temporary variance due to low water. .. ^ Subsequently Foster. Thibault and the executive director met on 3/21/91 with Bowers. Stead and all of the effected property owners except Schrock. Dock alternatives were discussed which allowed Bowers a dock. Some of the neighbors questioned whether a dock was justified for Bowers. The group’s conclusion was that it is reasonable for Bowers to have a dock for one 21’ boat at a navigable water depth. As a result of the 3/21/91 meeting, an alternate, Plan B, was presented to the Board which would share the burden of adjusting dock locations among the neighbors to the south and north of the Bowers' property. This would give Bowers deck access to the Lake. The staff recommended the plan. DISCUSSION: The following property owners were present: Susan Morris, 21509 Fairview Avenue; Sally Chase. 21650 Fairview Avenue; Joan Moser. 21670 Fairview Avenue; Tim McCarthy. 215b0 Fairview Avenue; Gale Stead and Jeannie Bowers, 21600 Fairview Avenue. Morris, Chase, Moser and McCarthy objected to the plan. New information submitted provided that the Schrock property has been sold, and the possibility of a shared dock by Schrock and Bowers is not a consideration. Chase and Moser also expressed a feeling that there has not been adequate response from the LMbi; on previous complaints about violations at the Bowers property. Grathwol moved. Foster seconded. to accept the staff recommendation for Plan B for alignment of the docks Along the shore in the neighborhood of 21600 Fairview Avenue, Greenwood, to declare that Jeannie Bowers is entitled to a dock in low conditions; that this plan is adopted for configuration of -jOcks in a low water year only; the LMCD attorney to prepare a final Order to bring back to the Board for final approval; any docks installed not in conformance with this resolution would be considered in violation of LMCD ordinances. Rascop stated he intends to vote against this motion. He believes it is assuming that everyone is entitled to dock access to 3’ of water. He stated that it is not the responsibility of the LMCD to design docks for anyone. It is his understanding that staff time will be billed to the applicant^ Upon a show of hands. Chair Grathwol declared the motion ^*^^*Lbcock moved. Carlson seconded, to send the Bowers request back to the Water Structures Committee with advice to aii affected property owners (notified through the public hearing process) that they are to install their docks in compliance with their Dock Use Areas and the temporary low water extension p^2,icy. Motion carried. Rascop voting nay. LMCD BOARD OF DIRECTORS March 27. 1991 3. Chapoan Place (Conversion of Use) Grathwol moved, Rascop seconded, to accept the request of Bob Cuthilli Chapman Place, and refer back to the Committee their recommendation that Chapman Place secure an owner-operator within two years or lose its grandfathered status. amended to have staff discuss adding potential amenities over time to retain 1:10* density. Motion carried unanimously. 4. Multiple Dock License 1991 renewals Grathwol moved, Rascop seconded, approval of the 1991 multiple dock license renewal applications with orders, stipulations, and other considerations as follows: A. RENEWALS WITHOUT CHANGE Minnetonka Portable Dredging, Gideons Bay RENEWALS WITH MINOR CHANGE Lord Fletchers Apartments. West Arm New Owner - Fred N. Puzak B. C. Mack’s on Minnetonka (Formerly Piszelli’s), Seton Lake New name, New Owner - Bill McNamee RENEWALS WITHOUT CHANGE, WITH TEMPORARY EXTENSIONS RENEWED WITHOUT CHANGE FROM 1990 A1 & Alma’s Supper Club, Cooks Bay Transient docks - 16’ extension, 116* total Charter boat docks - 24’ extension, 74’ total Cochrane’s Boatyards Inc. Excelsior Bay - 20’ extension St. Albans Bay (no extension) City of Deephaven Carsons Bay - 24’ extension,164’ total St. Louis Bay (No extension) City of Greenwood St. Albans Bay - Site 1-60’ extension, 147 tooal St. Albans Bay - Site 2 - (No extension) Lower Lake South -Site 3 - (No extension) Lakewinds Association Spring Park Bay - 90’ extension, 198’ total City of Mound - Priests,Cooks, West Upper Lake. Phelps, Black Lake, Emerald Lake, Seton Lake, Harrisons, Jennings St West Arm Bay (Letter from Jim Fackler, Mound Park Director, dated 2/19/91 on file) Rockvam Boatyards. Site 1 (New survey submitted) West Arm - Main dock 85’ extension, 296 total straight dock 76’ extension,245’total (Site 2 is connected to this dock) Rockvam Boatyards, Site 2 (New survey submitted) West Arm - 76’ extension, 204’ total West Beach Apartments. Coffee Cove - 96’ extension, 176’ total ■r >' ‘■•'T !■' ‘ i 1-, 'i LMCD BOARD OF DIRECTORS March 27, 1991 D. RENEWALS WITHO'JT CHANGE. WITH TEMPORARY EXTENSIONS CHANGED FROM 1990 Eagle Bluff Homeowners Assn.. Halsted’s Bay - 12’ extension. 112’total with change in configuration ~ Slips 5 (16 w) would be moved to the east of the main dock due to shallow water on the west by Eagle Bluff Point. Sandy Beach Place, West Art.. - 40’ extension. 96’ total (last year they extended without application) No boat parking will be allowed at their 8’ extension and no larger than 20’ watercraft stored at slip 1 Woodend Shores Beach Association, West Upper Lake 30’ extension, total 130' (Last year’s extension was to 125’) Methodist Lakeside Assembly, Wayzata Bay - 204' extension, 264’ total (Increase from 104’ to 264’ ~ Water Depths verified) NON RENEWING. PAYING ADMINISTRATIVE FEE TO HOLD LICENSE Upper Lake Minnetonka Yacht Club, South Upper Lake E. Motion carried unanimously 6. Harborage Homeowners Association Grathwol moved, Boswinkel seconded, approval of a double side setback variance on the northeast side of The Harborage dock and a minor dock configuration change due to wind fetch .lardship; the LMCD attorney to prepare the Order. Motion carried unanimously. 6. Deicing Regulation Enforcement The Board accepted the Committee direction to the staff to enforce LMCD deicing regulations with the understanding that after fish houses are off the lake and the ice is no longer safe he some latitude exercised in requirements that fencing e in place. 7. Methodist Lakeside District Mooring Area and Temporary Low Water Variance Application Grathwol moved. Rascop seconded, to approve the Methodist Lakeside Assembly District Mooring Area and Temporary low water variance application for the extension to 300’. Motion carried unanimously. B. LAKE OSK COMMITTEE. Vice Chair Foster for Chair Pillsbury Minutes Foster moved, Reese seconded, approval of the Lake Use Committee minutes of 3/18/91 as submitted. Motion carried unanimously. 4 *' tr:P;- I Is- LMCD BOARD OF DIRECTORS March 27, 1991 2- Halsted/Priests Bay Chamiai Buoy No action required. 3.Don Shelby U.S. Invitational Bass Tournament, 9/20-22/91. 4. MM B.A.S.S. State Federation Fishing Tournament, 9/5-7/91. Foster moved. Martinson seconded. approval of the new Special Event applications according to the conditions set forth by the Committee. Motion carried unanimously. 5. Summer Rules Brochure The Executive Director reported receipt of two bids for printing the Summer Rules brochure. The low bid was submitted by Quality Quick Printing, Minnetonka, in the amount of $5,256., approximately $800 less than the next bidder. Two additional firms declined to bid due to special waterproof paper and five color printing. Reese questioned the need for five color printing and considers the Summer Rules as presented an unwarranted expenditure. The Executive Director responded that the multi­ color printing is necessary to illustrate the buoy markings. Camera-ready type from the last printing is being used to save costs. He stated that 10,000 brochures are to be printed. A self-mailer fund raising insert for EWM has also been added. Rules will be mailed to lakeshore owners, and broader distribution is planned through cooperation from the cities through their municipal dock permit holders, marinas and bait shops. . , ... g Foster moved. Babcock seconded, to approve the low bid ot Quality Quick Printing in the amount of $5,256 for printing the Summer Rules brochure and fund raising envelope enclosure. Motion carried, Reese and Rascop voting nay. 6. Water Patrol Report Sgt. Chandler reported as follows: * Inspections of public rental boats will be held on 4/15/91. Charter boat inspection is scheduled for 4/29/91. An informat^ional meeting is planned for 7:00 p.m.. 4/10/91t Water Patrol Headquarters, Spring Park, with charter boat operators. Board members are invited to attend. ♦ The State Department of Labor and Industry, Boiler Inspectors, are trying to get sponsorship of legislation so they do not have to inspect charter boats. * The Water Patrol has a full time person locating and marking illegal or abandoned water structures and buoys so they can be removed from the Lake f I S' LMCD BOARD 0^" DlRECTC.iG March 27,1991 ^ On 3/ld/91 tvo deputies captured 2 felons after a 2-1, 2 hour chase The chase involved 19 other law enforce.Tient officers. These felons are suspected to be responsible for stolen vehicles, fish house vandalism and fish house thefts. 4c In response to a question from Martinson, thandler stated that it has been determined that the sinking of the ctiarter boat Paradise Princess in 1990 was caused by improper placement of passengers, all crowding into the stern area. C. ENVIRONMENT, Chair Reese 1. Bill For An Act to Provide Funding for Control of Exotic Needs. j - *Reese reported that he, Foster, Ted Marc and btrommen met with Representatives Ron Abrams and Steve Smith, along with DNR managers Toro Sak and Bruce Hawkinson to discuss Representative Tony Kinkel’s and Brad Stanius’ separate bills dealing with research and control of exotic plants and animals. The group’s discussion favored the need for education and early treatment of new infestations. Kinkel's bill was to be amended to remove purple loosestrife control and an access monitoring of five lakes to study the spread of Eurasian water milfoil. Kinkel s bill would add an inspection program for trailered boats as a pilot program. Stanius* bill to Establish an Exotic bnecies Management Inter-Agency Committee would concentrate more exclusively on research, to include all exotic plants and animals. DNR stated it favored this bill as being a comprehensive exotics program, with administrative costs eligible for up to 75% Federal reimbursement. The funding from the $2 surcharge on plants all andwatercraft, however, supports exotic reseaich on animals not involved with lakes. Reese proposed the Board support the Stanius bill as he understood the DNR’s support for it. Strommen pointed out that Abrams and Smith were expected to be working with Rep. Kinkel. whose stature with the Environment Committee was expected to be a key to getting any such bill passed. The Kinkel bill assures a greater likelihood that funds will be included for EWM control programs, the Stanius bill not at all specific to that need. Some $440,000 per year for the next biennium is to be raised by the $2 surcharge. compared to the approved in 1989 to help miiioil and purple loosestrife. Reese moved, Rascop seconded, support for the Kinkel Bill, HF 446, to establish a $2 surcharge on all watercraft manageme t of Eurasian water milfoil, public education, and a road-side trailered boat inspection program to study the spread of Eurasian Water Milfoil. . • Grathwol spoke in favor of the Kinkel bill since it is co authored by our local legislators. Babcock stated he would like to see the two bills before taking a position on either of them. Foster recommended that LMCD staff and Task Force Chair continue to work with the legislators as they develop the bills. avoiding any written support Rascop subsequently withdrew his second for the motion. Reese withdrew his motion. No further action was recommende 'r LMCD BOARD OF DIRECTORS March 27, 1991 2. Weed Harvestini Hpdate Dredging program, the MPD pick-up through ★ Reese has met with Minnetonka Portable (MPD) to discuss operational details of the harvesting Liability exposure for the shoreline weed off-load to barge is being reviewed with the underwriters. * The public response to the shoreline weed has been positive according to preliminary contacts made the Lake Minnetonka Lakeshore Owners Assn. # Based on funds received to date, the harvesting season will be limited to five weeks. ♦ The harvesting area pe-mit has been approved by the MN DNR for just over 1,800 acres. Harvesting will begin mid- June. Martinson and Slocum suggested publicizing the shortened season caused by lack of funds. 3. Funding A total of $63,000 city, $30,000 DNR and $30,000 private has been raised to date. j „ Carlson suggested Board members contact potential lunaing sources in their communities on a one-to-one basis to explain the need for funds He would like to see a sample letter so there is consistency when discussing the matter. Babcock would like to explore the possibility of establishing an endowment tund. Martinson is opposed to raising money by contribution. He suggested going back to the communities with an assessment program. In his opinion the costs should be paid by taxes, just the same as a snow plowing public service. Boswlnkel was excused. D. ADVISORY. Chair Rascop 1. Report on Long-Term Management Program Meetings The Board received a review of the 3/6/91 meeting of the city officials, all present except Shorewood, held at the Wayzata Rascop reported the District has had the benefit of the services of Senior Planner James Uttley, Metropolitan Council, facilitator for the Management Plan. Uttley will be meeting with the cities on the Shoreland Grant Agreement. The Executive Director also submitted a list or considerations supporting the extension of the Metropolitan Council review of the Long Term Management Program. The LHOU attorney submitted an opinion on the authority of the Management Program. David Arndorfer said he does not see the plan being gutted or threatened during the review process to this time. He recommended being careful about making changes that would defea its effectiveness. Skip Johnson, Mayor, City of Mound, reported on a Mayors meeting for the 14 cities held earlier this evening at the call f- LMCD BOARD OF DIRECTORS March 17, 1990 program is plan as a it as a concerned of the Waysata Mayor. Seven of the dissenting communities were present except Minnetonka. The seven cities engaged a consultant to review the plan. Johnson said, in his opinion, the basic the definition of the Plan. Mound’s council views the working framework, while the dissenting cities define comprehensive land use plan. The communities are about how the Plan can be amended. The communities want to make their changes in the Plan before they endorse it. Johnson has invited all city Mayors to an April 17 meeting in Mound. James Uttley handed out a draft of Underlying Principles of the Management Plan. He led the Board through a line by line review of the draft, noting changes in wording suggested by the members. A corrected copy will be provided all cities, directors and affected agencies. Foster moved, Rascop seconded, to adopt the Underlying Principles of the Management Plan as modified. Motion carried unanimously. On behalf of the Board, Babcock expressed appreciation for the cooperation of the Metropolitan Council for Uttley’s^service. Uttley then presented a revision of the MN DMR Shoreland Grant Agreement, He pointed out some changed wording and added sections based upon the principles. He will review it with the MN DNR for their final concurrence, having so far discussed the draft with their representative, Ed Fiel. LMCD staff has also reviewed the draft. Grathwol moved, Foster seconded, to approve the revised MN DNR Shoreland Grant Agreement to more closely meet all 14 cities acceptance. Motion carried, Babcock abstaining. Rascop asked Uttley to give thought to preparing a statement on how the Plan can be amexided. (Attorney LeFevere has proposed an outline speaking to this procedure.) Foster moved, Rascop seconded, to grant a 90 day extens' a to the Metropolitan Council review period, due to commence May 6 upon expiration of the first 90 day extension. Motion carried unanimously. E. FINANCIAL REPORTS, Treasurer Boswinkel 1. Foster moved, Grathwol seconded, to approve the Statement of Cash Transactions, month ending 2/28/91. Motion carried unanimously. 2. Audit of Vouchers for Pajrment. Foster moved, Babcock seconded, to approve the payment of bills in the amount of $23,189.66, Check H 6750 through 6788. Carlson asked if the legal service charge is a normal amount. He was informed that prosecution costs are up due to the Freeman case appeal. Motion carried unanimously. 3. LMCD Annual Audit Progress The Executive Director said the annual audit report will be available at the April Board meeting. 6 I LMCD BOARD OF DIRECTORS March 27, 1991 F. SXECOTIVE DIRECTOR, Strommen 1. Stronunen submitted the Personnel Review and Current Compensation Status report of Joan Mansk, Rachel Thibault an Muriel Stewart. 0. OFFICERS REPORT, PERSONNEL REVIEW, Vice Chair Foster 1 The Board received the Executive Director’s Performance Appraisal as submitted under Chair Cochran’s signature. expressing the Board’s positive response. 2 Compensation Adjustment, Slocum moved, Rascop s«cond«d, to approve the compensation and benefits adjustments “commended for part and full time staff for ftsoal year 1991 according to the officer's summary recommendation of March provided the Board, adjustments to be effective 1/1/91. Motion carried unanimously. Onfinished Business. There was no unfinished business. Mew Business. Strommen submitted the updated roster of city contacts and mayors along with facts on the cities. ft Adjournment. Vice Chair Foster declared the meeting adjourned at 11:00 p.m. David Cochran, Chair Douglas Babcock, Secretary : ■ n tw Vvrtammiii i, i . a. d ml LAKE MINNETONKA CONSERVATION DioTRICT Action Reporl;:Water Structures and Environment Committee Meeting:Saturday. April 13. 1991. 7:30 a.m. Norwest Bank Waysata, Community Meeting Room Meabera Present: Bert Foster, Deephaven; James Grathwol, Chair, Excelsior; David Cochran, Greenwood: Robert Pillsbury, Minnetonka; Thomas Reese, Mound; JoEllen Hurr, Orono; Robert Rascop, Shorewood; Douglas Babcock, Vice Chair. Spring Park; David Bartos, Victoria; Robert Slocum. Woodland. Also present: Eugene Strommen, Executive Director. The meeting was called to order by Grathwol at 7:30 a.m. Chapman Piace License Application The Executive Director reviewed the status of the Chapman Place Application. At its March 9, 1991 meeting the Committee recommended that Chapman Place secure an owner~operator for their docks within two years or lose their grandfathered status. At ■the re<iuest of the applicant the Board tabled it back to ^ the committee so the applicant could respond to this recommendation. In the meantime Mr. Cuthill, Chapman Place, has submitted a summary of the points he believes will satisry the conditions of the Order. Charles LeFevere, LMCD counsel. has reviewed the summary and said there ire still unanswered questions beyond the scope of one review at this time. LeFevere suggested tliat the matter be continued as recommended through the close of the 1992 season to consider the operation of the applicant and their compliance with the license order. The Executive Director presented a staff recommendation regarding Chapman Place for consideration by the Committee. Reese moved, Slocum seconded, to accept the staff recommendation referring the Chapman Place license review to staff to work with the licensee and interested committee members through the 1992 season, with quarterly progress reports to the committee. 1) to assure the licensee has no problem in complying with their order as it relates in particular to the owner- operator status, 2) to include a review of potential amenities the licensee might voluntarily add over time to compensate for its watercraft storage density in excess of 1:50; further recommending license renewal approval for the 1991 season as presented with the temporary low water variance to 274’, (this compares to 145’normal distance, 306’ temporary low water variance granted in 1990). Motion carried. Reese recommended a date by which the operating evaluation and recommendations be made. January, 1993, was offered. Rowers Variance to Establish a Dock Use Area during Low Hater The application of Jeannie Bowers, 21600 Fairview Street, Greenwood, for a variance to establish a dock use area during low - continued ;; ft Water Structures and Environment Committee A p r 1 i 13 1991 water was discussed at tlie Maz'ch 27, 1991 Board meeting. The variance would provide for a 60’ dock for one 21 boat. A motion "to approve failed and the request was referred back to the Water Structures committee. The executive director presented a plan developed by staff with the assistance of Babcock which showed the Dock Use Area under normal water conditions and the Dock Use Area under adjusted low water conditions. The plan shows the ability for each of the neighbors to have a dock, with a 20’ setback for maneuvering space and at the same time allow Bowers to have a dock for one watercraft. Anyone wishing to moor a sailboat would likely have to obtain the permission of adjoining neighbors because of infringement on the neighbor’s Dock Use Area. It was explained this is a temporary plan for low water years only, a determination made annually by the Board. ^ Grathwol suggested the committee consider the Bower s request in two parts. First to determine whether Bowers is entitled to any dock. If that is the committee’s determination, then to follow with a discussion of the proposal as presented. Foster moved, Babcock seconded, to recommend that Bowers is entitled to a dock to navigable water. Discussion: Rascop spoke in opposition because it sotting a precedent that any riparian property i.. entitled to dock. (It is understood that some significant shoreline~limited j*iparian properties could have no area for a dock and boat. ) , response to a question from Hurr, Foster stated the motion applies only to the Bowers’ property. Cochran view this motion as saying that in this particular conf lgui*ation there is an opportunity to build, under low water conditions, a dock without unduly inconveniencing other properties. There could be a situation where no dock would be possible. In this case there has been a dock for many years on 66’ of shoreline. Vote: The motion carried, Rascop, Reese and Bartos voting IS a nay Babcock moved, Foster seconded, that the committee recommend that the proposed Dock Use Area plan, as presented, be adopted for low water years with the additional nine stipulations set forth on the document entitled "Bowers Variance Stipulations dated 4/10/91 and made a part of the file. Discussion: Bartos reflected comments of people in the audience that what looks good on paper does not necessarily reflect what is in actuality. Babcock, Cochran and Foster mentioned other similar cases which have been settled by the neighbors themselves or by LMCD action. Ms. Bowers said that as the water rises they will make every effort to pull their dock in. it being on wheels. She also said they have no objection to the neighbors crossing into their Dock Use Area to moor a sailboat. Tiro McCarthy, 21560 Fairview Street, asked whether the drawing reflected the Morris dock as it is now in place. Ms. Morris responded that an "L" to the north will be added. She further said that while it looks good on paper she feels it is deceiving as to the size of her dock. it - continued :" V' h Wa'ter Structures and Environment Committee April 13, 1991 not being as large as illustrated in the example. Bartos suggested Morris remove the 24’ "L" to the south to open up more space. Dr. Schrock introduced the buyer of his property, David Graham, 21630 Fairview Street. Morris asked if Graham wou.,.d share his dock with Bowers as has been done in the past. Graham responded that he would to have more time to see how the plan develops. He considers that a matter between Bowers and himself. Hurr asked who is going to bear the responsibility for enforcement of this plan if adopted. Grathwol responded that if the Board approves an Order it is the responsibility of the District to assure that people will willingly comply hopeful.lv without having to issue any crimi.-.al charges. LMCD will provide assistance where needed to identify a DUA. AsendBent to Motion- Rascop .noved, Reese seconded, that a certified survey be done to show tlie entire area at the expense of the applicant. Discussion: Cochran stated his opinion that no real use would be served by such a land survey, property lines already being known, and the we ter use being the issue. Foster would oppose the amendment as these are temporary docks. Rascop said the plan is so specific that there is a need for a professionally drawn schematic. . .i j Vote: There were four ayes and six nays and motion failed. Schrock asked for LMCD assistance in determining the method to bo used in laying out the docks. Grathwol offered assistance within LMCD budgetary and staff limitations. Vote on the Original Motion: The motion carried, Reese, Rascop and Bartos voting nay. Channel Drive Dredging Application The executive director reviewed the history of a MN DNR dredging permit issued originally 3/10/89 to the Channel Drive Homeowners Association, repres ced by Dan Plowman and Gene Erickson. The permit is to dredge a total of 680’ from the mouth of the channel to give access to a small outlet grouping on Manor Drive, east side of St. Alban’s Bay.. Charles Wendle, 20900 St. Albans Green, John Livingston 20965 Channel Drive, and Jon Zydenbos, 20870 St. Alban’s Green,, 0xprQS50d thoir concerns at not being able to pinpoint the government agency responsible for allowing this Cochran responded that the ultimate decision lies with the IIN DNR. The Minnehaha Creek Watershed District has regional permit authority. The LMCD has no direct authority except the right of comment. During the neighbors’ discussion there was mention of hay placed at the entrance of the channel. The executive director advised that the applicant initially willing to remove the hay, later declined. The hay is washing into the Lake. DNR was asked 4-12 to take steps to have it removed. Cochran said that type of pollution is a direct concern of the LMCD. Water Structures and Environment Committee April 13. 1991 r-i In their presentation the neighbors expressed other concerns that they would like to have addressed, such as: 1) The purpose of the dredging being to extend riparian rights to non-riparian owners by placing docks on unbuildable lots. 2) The dredging at the entrance to the Channel will undermine the properties on either side and could result in the loss of trees. 3) Dredging could result in opening up seepage from the adjacent auto salvage operation with resultant pollution. They believe an environmental study should be done as the wetlands are believed to be Type 4 wetlands (cat tails with open water). John Sayer, 20050 Channel Drive. reported he learned from a long time, recently deceased neighbor, that the ctiunnel had been dredged in the 40's. Cochran also confirmed his kno.'.Jedge that this channel has been previously dredged. Cochran suggested packaging the facts relating to this permit so the District can properly respond to it He added some of the concerns do not necessarily deal with the* permit to dredge. LMCD has to package the information so the Watershed District and DNR can act on the broader issues ti.an just dredging. As an example Cochran mentioned the possibility ^ that this is a fish spawning area. The environmental influence of the nearby auto salvage operation is another example. Grathwol asked the neighbors present 1) Are you opposed to you and all dredging in the channel? They responded no. 2) Are opposed to all dredging beyond tlie Sayer residence? Wendle Livingston responded yes for the group. Chair Grathwol asked Cochran to work with the neighbors to package the environmental and other factors for the Board s consideration, for a May 11 committee review. Ifaysata Yacht Club Mult Lple Dock and District Mooring Area Renewal Applications The Wayzata Yacht Club has requested a temporary low water variance which is designed to permit the club to operate within the 400’ maximum distance for its mooring area. To accomplish this, they need to move eight moorings from the District Mooring Area to dock storage. The committee received copies of a letter from the City of Wayzata requesting delay of the WYC multiple dock and mooring area license because the WYC has not executed a Conditional Use Permit needed for final zoning approval. The executive director responded to the City of Wayzata advising them of the LMCD practice of allowing appli ants to proceed with their installations under the previous year’s approval until outstanding matters can be settled. In a memo dated 4/4/91 Administrative Technician Thibault reported that the city would not object to the proposed temporary low water variance to ■transfer storage of 8 beats at moorings to 0 slips on tlie dock. Slocum moved, Pillsbury seconded, to recommend approval of the Wayzata Yacht Club District Mooring Area, Multiple Dock License for Sites 1 and 2 and the temporary low water variances as needed, according to their application. H- )■ Water Structures and Environment Committee April 13, 13al Reese expressed his opinion that approval of the licenses should be subject to the resolution of the zoning problem as expressed by the City of Waysata. The motion carried, Reese voting nay and Hurr abstaining as she was away from the table during the discussion. Duane Markus, Wayzata, questioned whether the WYC could operate prior to approval by the Board on 4/24/91. He was advised that a complete fee-paid appJication pending approval gives the licensee interim operating privilege. Bean*s Greenwood Marina, St. Albans Bay James Bean has submitted an application for his Multiple Dock License renewal without payment of the fee. Bean requested consideration of a method to allow him to pay the $2,200 fee on a time payment schedule. He offered three installments. Bean gave as his reasons the concurrent income t" . real estate tax and license fee timing. He also said he was not able to rent all of his slips in 1990 although he paid the full fee. He was reminded that payment of the full fee is required to retain his grandfathered density status. Hurr moved, Babcock seconded, to take no action on the James request for a 90 day extension to pay the license fee for Bean’s Greenwood Marina and to follow the policy of requiring the Jee before issuing a license. Motion carried. Bean asked about possible future arrangements for a time payment plan. He was advised he may write a letter with details. Windward Marine,Inc., Browns Bay Windward Marine, Inc. is requesting a 60' extension. 260’total (280'total in 1990), with minor change in configuration as approved in 1990. The applicant said he would take readings as the dock goes out. He needs 4’ - 5' of navigable water for deep draft keel boats. Dana Wells, 1397 Orono La., Orono, objects to the extension. She stated that her property faces the Windward Marine, Inc. dock. In 1980 it had no extension beyond 200’. In 1989 it went out an additional 40’. In 1990 it was granted an extension to 290*. In no case were the neighbors advised of the extensions although in 1990 she objected to the LMCD. It is Wells’ feeling that Windward Marine should go back to the 240’ dock as it was in 1989, considering that water levels are at or better than 1989. Responding to a question from Cochran, she said she did not know if all the docks were used in 1990 but she did observe the boats are becoming larger. Cochran moved, Foster seconded, to approve an extension or 40* to 220’ and if not adequate the applicant could request a further extension. I:kr-y4 ’ji • .-r t: r i:/ ^ .. > Water Structures and Environment Committee April 13. 1991 During the discussion Wells mentioned a rock jetty placed somewhere in the vicinity of the docks. No one was aware of the jetty or any permits for it. A car tire breakwater exists on the west side of the docks. There was discussion about the timing involved in asking for a further extension if needed. The motion and second were withdrawn. Hurr moved, Babcock seconded, to allow Windward Marine, Inc. a temporary dock extension to a maximum of 260’ to accommodate 4’ keel boats, less if possible, with the stipulation that the applicant advise the LMCD dock inspector when the docks are being installed and to show just cause for any extension over 40’. Motion carried, Slocum voting nay. The staff was asked to look into the matter of tlie rock jetty and car tire breakwater, and to determine who has jurisdiction over such installations. RENEWALS HITHOOT CHANGE Pillsbury moved, Babcock seconded, approval of the fol'owing 1991 Multiple Dock License Renewals without change* Big Island Vets Camp, Veterans' Bay Cedarhurst Association, Robinson’s Bay Jennings Cove Dock Owners Assn., Jennings Bay Lafayette Ridge Homeowners Assn., Lafayette Bay Loring Acres Motion carried unanimously. RENEWALS WITH MINOR CHANGE Hurr moved, Babcock seconded, to recommend the following 1991 Multiple Dock License renewals with minor change; Boat Rentals of Minnetonka. Inc., Harrisons Bay (aka, Minnetonka Boat Rentals) with relocation of slip 4 as approved 1/23/91. Shoreline Drive Marina A Yacht Club. Inc., Smiths Bay New name (formerly Smiths Bay Marina) New owner - Maurice J. Wagener Refund $85 overpayment on fees ~ staff correction of Watercraft Storage Units for Shoreline Drive Marina. Tonka Bay Marina, Lower Lake South New Owner - Resolution Trust Corporation, receiver for United Savings Bank, FSB. Subject to receipt of $240 balance due for 1990 Motion carried unanimously. RENEWALS WITH TEMPORARY EXTENSIONS WITHOUT CHANGE Hurr moved, Babcock seconded, to recommend approval of the following 1991 Multiple Dock License Renewals with temporary extensions without change: - continued _*. . t %t- k ii'.' Watar Structuras and Environment Lcmmittee April 13, 1391 Hary T. Kresiins. St. Albans Bay Temporary extension of 8' to 38’total Minnetonka Boat Works - Orono Subject to arranfe,ements being made with Water Patrol and Orono Fire Deot. per conditions a & i of Order 9/26/90 and to applicant response to complaint about foam breaking off floating docks Tanager Lake — 170* extension, 240 total Browns Bay • no extension Minnetonka Boat Works - Waysata Subject to arrangements being made with Wayzata Fire Dept, per condition of Order 9/27/89 (accomplished) Wayzata Bay ~ 48’ extension, 238' total Minnetonka Edgewater Apartments, Spring Park Bay 52* extension, 152’ total Shorewood Yacht Club, Gideons Bay 7*9" extension, 207’9" total Motion carried unanimously. BBMBHALS WITHC«i CHANGE, WITH TEMPORARY EXTENSIONS WITH CHANGES IBOM 1990 Cochran moved, Hurr seconded, to recommend approval of the following 1991 multiple dock license renewals without change, with temporary extensions with changes from 1990: Bayview Condominiums, Spring Park Bay 92* extension, 192’total with change in configuration per site plan, moving 9 slips from west of main dock to east side due to shallow water on southwest end of dock Clay Cliffe Homeowners Assn. , Old Channel Bay 90*extension. 120' total (100’ total 1990) with minor change in configuration to accommodate canopies - approved 1990 Crane Island Association. West Upper Lake 20* extension, 60' total (1990 they extended without an application) Dennis Boats, Lower Lake South , ^, 156’ extension, 240’total (255* total 1990) with change in configuration - approved 1990 City of Excelsior Site 1 - Docks 1-12, 16* extension.56 total Pier 1-20’ extension, 100* total Site 2-21' extension, 61' total Site 3 - no extension Lafayette Club, Crystal Bay ,, 36’ extension, 116* total (123’ total 1990) Motion carried unanimously. Water Structures and Environment Committee LICENSE RENEWALS WITH PENDING ISSUES April 13. 1991 I. Excelsior Park Tavern, Excelsior Day Excelsior Bay Yacht Club) New Name (Formerly The City of Excelsior has reviewed the Excelsior Park Tavern application for a Multiple Dock License. They have granted Excelsior Park Tavern a Conditional Use Permit for 32 slips, with a maximum of 20 for overnight dockage. Among other stipulations in the City Resolution No. 91-11, it states charter boat cruises shall not originate or terminate at or from the marina. The City agrees there is no need for further environmental assessments on the E.A.W. (The E.A.W. applied to the expanded 40 slip plan however.) Excelsior Park Tavern is prepared to operate the 32 slips for 1991 but are paying for the 40 slips approved in 1990. In so doing the licensee is keeping the newly expanded license valid. Cochran moved, Babcock seconded, to recommend holding a Public Hearing with the intent to consider the license based upon the changes in the amenities resulting from the city's rejection of the charter boat storage and operation amenity. Motion carried unanimously. The committee agreed the licensee could continue operations under the existing permit pending the outcome of the Hearing. Foxhill Homeowners Assn., Smiths Bay 80* extension, 224* total The commi'*’ ..ee was informed Foxhill is are installing 6 slips, one of which is a for a maximum of 32’. The Association is include one 40' slip. Upon review of the the license is grandfathered for density therefor when all 13 slips are installed, be eunended to include a 40' slip. The withdrawn by staff. licensed for 13 slips, 40’slip, the license is asking permission to site plan, it was noted greater than 1 50 ’ , the license could not 40' slip request was Forest Arms Improvement Association, Forest Lake 32* extension, 132* total The Committee was informed Forest Arms is licensed for four 16* slips, but are using them as 24’ slips. While the licensee giay have made slips narrower to maintain the same WSU's, it is not allowed to make slips larger, from 16’ to 24', without a new license, which is not allowed under the present moratorium. North Shore Drive Marina, Maxwell Bay The City of Orono questions the number of boats in dry storage,service and -sgular storage. The executive director explained the number changed when the Marina went to dry stack storage. Now they show more in storage than the lice.jse allows, - continued Wa'tsr Structures and Environment i^ommittee April 13. 1991 and fewer in service. Staff will work with the licensee to adjust the slip designations and respond to the City of Orono. Park Hill/Park Island Apartments, Seton Lake. The applicant has been advised the District cannot accept partial renewal. They will have to renew all of their docks or not operate them. A partial application will be reLurned and so noted. RDP Partners/Upper Lake Minnetonka Yacht Club New Name (formerly Upper Lake Minnetonka Yacht Club/RDP Partners The licensee would like to install the docks, providing most of the amenities, before the new building is comrlete. The license is pending receipt of a building approval, which it has x*eceived from the City of Spring Park. There wr.s no action taken since the licensee has not formally communicated its plans. David Thomas Development, South Upper Lake The developer has submitted two new site plans dated 3/18/91 indicating a change of location of the slips, facing out ^ from the right to the left side of the dock. The consensus of the committee is that the change is minor. Motion: Babcock moved, Pillsbury seconded, to recommend approval of the Excelsior Park Tavern multiple dock license at 32 slips, to recommend approval of the North Drive Marina multiple dock license subject to adjustment of the storage vs. service unit count, approval of the Forest Arms Improvement Association and Poxhill Homeowner Association multiple dock license renewal with no changes in slip size and approval of the David Thomas Development multiple dock license with a change of slips from the right aide of the dock to the left side of the dock. Motion carried unanimously. UQf^oition of Commercial Marina and Outlet Association Facilities and proposed code amendment per LeFevere letter of 3/25/91 The subject matter has to do with Excelsior Bay Associates and Chapman Place. At its last meeting the committee suported approval for Excelsior Bay Associates at its existing method of operation and approval of Chapman Place as a commercial manna, maintaining their operation with an ”arms-length’' management agreement. , j v• -4.:The purpose of the ordinance is to change the definition commercial marina facilities and change the definition of private facilities (outlet associations) in such a way that these two operations will be treated separately. Excelsior ay Associates, under the proposed Code amendment, will have approval as an outlot association, but there will be no change in their operation. The change in ownership of the stock will make no difference. It will be conveyed as an outlot association. - continued F'f: C-. If i Water Structures and Environment Committee April 13. 1991 Chapman Place would have two years, under Staff supervision, to develop a system of outside management so it can continue as a commercial marina under separate management. Any future of dock configuration by Excelsior Bay Associa'es could result in a limitation of dockage from that presently licensed. Grathwol moved, Foster seconded, to recommend adoption of An Ordinance Relating to Conversion or Use of Non-Conforming^ Docks and Structures in Lake Minnetonka; Amending LMCD Code Section 2.11, Subd. 2 and Adding Now Subdivision 5 to Section L.ll. Motion carried unanimously. It is to be noted that the Excelsior Bay Associates will be grandfathered as an outlet association. Hurr moved, Babcock seconded, to approve the Multiple Dock License for the Excelsior Bay Associates. Motion carried unanimously. 1991 Multiple Dock License Renewals, Late Applications, Non- Applications (jayle*8 Marina* The suit against Gayle's Marina for improper storage of barges has been settled. They agreed to put the three barges into three slips in their marina during the summer. In the winter the barges will be stored in aisles of the docks. The barges were previously beached on the west shoreline. Foster moved, Hurx* seconded, to recommend approval of Gayle Marina’s 1991 Multiple Dock License subject to payment of the $100 late fee, $70 past due fee from 1990 and submission of a dimensioned and slip numbered survey of the property. Motion carried unanimously. Qfay’s Bay Marina - Application with full fee has not been received. Not eligible to operate until application fees are completed. . . Lakeside Marina. Maxwell Bay - No application received. The temporary extension is still in the water at 600’, there is dock foam fragment litter reported in the area. The dock configuration also does not follow the site plan. It is not eligible to operate until a complete license application is received meeting temporary low water variance stipulations. Roger Wikner, Wayzata Bay - Reduced slips from 9 to 6, renewed late, 4/12. Mai Tai, Excelsior Bay - The restaurant is not operating. There is a need to prevent the public use of the docks, staff reported. r .n.Pillsbury moved, Hurr seconded, to instruct the owner ot the Mai Tai to rope off the slips at the Mai Tai, and to instruct the staff to proceed for enforcement of code for the marinas which have not made application for a current license. Motion carried unanimously. t 1. : ?k<< 'fi 1. Wa'ter Structures and Environment Committee April 13. 1991 Late Renewal Applications holding for City certificates Hurr moved. Babcock seconded, to recommend approval of the 1991 Multiple Dock License Renewal for The Harborage. Smithtown Bay; St. Albans Bay Marina. St. Albans Bay; upon receipt of the city certificates, and to scale dimensioned survey for The Harborage. Motion carried unanimously. Refund Babcock moved, Grathwol seconded, to recommend approval of a $100 refund to Harrison Harbor Twin Home Associates, Harrisons Bay since the as-built survey has now been received. Motion carried unanimously. ENVIRONMENT Chair Reese suggested separating the Environment Committee from the Water Structures Committee so it could have more attention separate from the lengthy and demanding Structures Committee agenda. Water Operations Progress. An ad is running in the newspapers for a mechanic and supervisor. Insurance for Lakeshore Weed Pickup Program. The insurance carrier has indicated it will not insure LMCD engaging in the public unloading lakeshore weeds to the MPD barge. Minnetonka Portable Dredging (MPD) is preparing to engage a business for lakeshore pickup. Staff encouraged MPD, but advised them they would not be an exclusive contractor for such a LMcD-supported weed receiving service. . . ^ Legislation. The Kinkel bill has been amended to include much of the Stanius bill. involving inter-agency committees, citizen advisory committees, heavy on research of all exotic plants, animals. Funding for control programs in this revised bill is unclear, and at DNR‘s discretion. No action was taken, except to continue working with the bill’s authors! , . Funding Progress Board members were asked to review the list of prospective donors and add names from their community. Reese said Hennepin County will be approached apin tor funding. The Executive Director suggested considering hiring a temporary fund raiser for a specific interim goal to boost present . fund needs. Hurr objected to that approach. Reese said LNCU should continue with the method they have been using and individual one-on-one approach for major ($500 and higher) contributions^^^^^^^^ Use of Suburban truck and EWM Equipment Reese moved. Hurr econded. to recommend adoption ot the policy on use of the Subt, . -n truck as prepared by the executive director. Motion carried t -nimously. rV:' - y ^ , -A. ’. 11 h r-,, K.V ^ ■’ sr; ■7'' :;•■ V'' t'- m- if'-. li--. i;r:. • / >j .: k-7 A- 'i.. '0‘^ LAKE MINNETONKA CONSERVATION DISTRICT Action Report:Lake Use Committee Meeting:Monday, April 15, l991,4-'30 p.ro. Norwest Bank Wayzata, Community Meeting Room Members Present: Bert Foster, Vice Chair, Deephaven; James Grathwol, Excelsior; Robert Pillsbury, Chair. Minne ,onka; Thomas Reese, Mound; Marvin Bjorlin, Tonka Bay. Also Present: Deputy Schmidt, Sheriff’s Water Patrol; Bud Miller, Fishing Advisor; Rachel Thibault .Administrative Technician; Eugene Strommen, Executive Director. The meeting was called to order by Pillsbury at 4:30 p.m. City of Waysata Public Dock Status for Charter Boat Use In a letter dated 3/5/91 the City of Wayzata stated they will no longer issue permits for charter boats to use the depot docks as a port of call. The Executive Director reported that in a personal visit with the City of Waysata Planning Assistant Tom Young, it was determined the City will not prohibit use of the depot docks for charter boats, but will not issue permits. In a memo to the committee, the Executive Director recommended communicating Waysata’s concern about parking and conflicts to the charter boat operators. During the discussion the following comments were made: The LMCD application for a charter boat license requires listing all porta-of-call. Pillsbury noted that the City of Excelsior charges a foe for the use of their docks by charter boats. the LMCD desire to preserve charter boat He also pointed out that the use of the docks by is an amenity required as part of the Wayzata Multiple Dock License. Grathwol also commented on the Wayzata Multiple Dock License, stating if charter boat service is stopped the City would not be living up to the terms of their license. Reese moved, Grathwol seconded, to recommend communicating the following guidelines to all charter boat operators: ^ 1. Advise advance“booked patrons to park in the city a public parking ramp, definitely not using the depot parking Moat city streets have time limits or limited parking in that Foster noted destinations. charter boats area 2. Advise catering services to avoid tying-up limited space while unloading, using the space only for the time during which supplies are being moved to or from the charter boat. ncoc 3. Check with the Waysata Chamber of Commerce. 473-9by&, dock*"Use dates to avoid conflicts with chamber or city special events. Motion carried unanimously. Public Officials* Lake Outing of August 3 Starting Time: A departure time of 11:30 a.m. was agreed - continued I Lake Use Oomiriittee April 13, 1991 '^he invitation list should be sent out Grathwoi favored leaving the District « 4 « * Invitation List: earlier than last year. - - - - - ^ Court judges on the list even though they do not participate Charter Boat Selection: Two smaller boats will be used in lieu of one large boat, as they give access to a larger part ot Joint Committee Tour: It was suggested that a date be set for the Joint Committee Lake Tour, with arrangements for the boat made now. (LMCD calendar shows June 8, 1991) Now Special Event Applications 1. Water Ski Show, Minnetonka Boat Works, Wayzata, 6/1/91 & 8/2/91 Beth Whittaker and Eric Turnquist were present to speak to the Minnetonka Boau “^orks application for a Special Event License for a Water Ski Show on June 1 and 2 from 12 Noon - 4 P n>- Th« show will be held in front of the Wayzata Minnetonka Boat Works, Beth is working on a layout of the course with the water skx show operators, and will submit a copy prior to the event. The boats will be inboards, identified as Ski-Supremes. In response to concern over the noise during the event Whittaker explained it will not be a continuous four hour operation. Schmidt advised Turnquist that the use of a "silent choice" cut out device is not legal in Minnesota. Whittaker stated they plan to request use of the Investors Bank parking lot if necessary. Reese moved, Grathwol seconded, to recommend approval of the concept of a water ski show in Wayzata Bay June 1 &• 2, 1991, according to th© Special Event License application of Minnetonka Boat Works pending further information on parking and course information. Motion carried unanimously. 2. In the Water Sailboat Show, Minnetonka Sailing, 6/28/91, 6/29/9i, 6/30/91 Minnesota Sailing has made application for a Special Event License to hold an in-the-water Sailboat Show on June 20, 29 and 30th at the Excelsior Park Tavern Multiple Docks. The applicant stated they will provide valet parking. This type of event has been held in the past. Foster moved, Grathwol seconded, to recommend approval of a Special Event License for Minnesota Sailing to hold an in the water sailboat show June 28 - 30, 1991 according to the license application. Motion carried unanimously. Liquor License Applications Reese moved, Foster seconded, to recommend approval of the renewal of the on-sale wine license with on-sale Sunday option - continued L Lake Use Oommi tt,ee April 13, 1991 and renewal of on-sale non-intoxicating malt liquor license, with on-sale Sunday Option for A1 Sc Alma’s six boats (II, III. VI, X, XI, XII). Motion carried unanimously. Reese moved. Bjorlin seconded, to recommend approval of renewal of on-sale wine license, with on-sale Sunday option and renewal of on-sale non-intoxicating malt liquor license, with on- sale Sunday option for the Paradise Princess subject to receipt of the liquor liability insurance certificate and Hennepin County Sheriff's renewal investigation report. Motion carried Foster moved, Grathwol seconded, approval of the renewal of the on-sale intoxicating liquor license, with on-sale Sunday optior for the Queen of Excelsior •■QE", Motion carried unanimously. Personal Watercraft Bill Copies of the amended legislation covering the operation of personal watercraft were distributed. The rule about operation in the 150’ zone has been retained but there is no mention of the LMCD restriction on pro-longed operation. a. *u • Bjorlin moved, Foster seconded, to take no action at this time. Motion carried unanimously. Water Patrol Report Charter Boat Inspection Schmidt reported a charter boat inspection orientation meeting will be held 7 pm., Thursday, 4/18/91 at Water Patrol Headquarters. u i*u The State Boiler Inspector and Hennepin County Health Department inspections are still needed. Schmidt said there are about 20 charter boats and they have no indication there will be any new ones this year. u Schmidt will furnish a list of docking locations when he finishes the inspections. Spring Activity Report Schmidt reported the Water Patrol is 0i3X*king temporary structures which do not have permits and they will be impounded. Eight have been removed to-date. Most are abandoned buoys. BWI Education Program Report All Sheriff’s Water Patrol Deputies and Conservation Officers attend a two day seminar on testifying in BWI cases. Tho curriculum was developed by Sg't. Chandler and bchmidt and has national recognition. . i. Other The Sheriff’s Water Patrol wi:*: be receiving deli'«ery of three new boats, two for use on Lake M’ tonka. Adjourn The meeting was adjourned at 5:20 p FOR THE COMMITTFE; Eugene Strommen, Executive Director Robert Pillsbury, Chair - . 4 o ’ /(p3^ srii- -- -/-- ^1 r>.--j=a ■■'S'.i,'^ ..- .v-r-^rr*.-; *-».'^k': - i«ai i“'-" rirr. _-::i,:jir^v-.;v-: gsasii '-*-»>-'.#-rr-.,i;f " Pflr-'-,; ■ 'I'-lKp- fc .:ry _ 4 ^10 t-" —^ f\ i V» )■ 3 « \ •. ••-ii $ 4 i\ - 4 - -r.»* . ’•-% •• 1 '-..*•» - * ai ' ^ 3^/ ^ -'- .^'•'^.’..j.^*;;-* t^L.j *6.*T:*'-&*r . r-js-r^r 'ji'-.. , /.•c-X-'^<v • T-.-'.r-'?r -'5 3 ;^^: iCtf . COUNCILMEEniiG APR 2 2 1991 CITYOFORONO »1* . «»oe^ n* C ^f^rra ’^’^^(5 w»«-J&owV ^ • > ' ■ j ' 7 .. ^/4 3-/ ^7d(; a r COUNCIL MEETING APR 2 2 1991 cmroFORONO tr v'••••*••»'? ?T5!5WS5SSS~.&^i^Ejc:j-t ^yuarrBa:|^-n,^u. r%-^P;-M-irw.?8^.STBaT3?Tf^^l I?- : '-^ .. .. . mi \I iif ' '|#P COUNCIL MEETING APR 2 2 1991 cmroFORONO SpringHill Spring Hill Center Comp X VJk ,ijr X - *'^ m ■f i- 0 . y,r<4- COUNCIL MEETU.^ APR 2 2 W9l CnYOFOROHO ■ ^/GX32 ^ / (p ^3 f.. If n,.Hi. . \ Lake •■ ' fei^T/PfOSHlfi TO -P«o/»OS€a <V~ . Sharc/me oh S-U-ST• , \ Lake ^ Heu^Tiof^sHtf^ Tt. A»6ftitt. MWS« - Ptzo^osen m V-) I I I //yf ^ COUNCIL APP - CITYOFORONO CRONO MUNICIPAL CENTER PROJECT SCHEDULE WITH REFERENDUM (SPUT PROJECTS) APRIL 9, 1991 BO ARMAN. KROOS, PFISTER &: ASSOCIATES. INC. GCVSIRNMEN” 5EVICW A. err' cuuNCX a. planning cchhissuin cgmhunity revie- A. eirmj grclp B. PUBLIC HEAAINGS CITE CE-£C’:CN CCHE.MATIC DECIGN CnCT ECTIMATE A, rxMANCE RE'/IE‘- 7. REFERENDUM PRCCECC 8. retain CONSTRUC'iaN MANAGES 5. DECIGN DEVELGPMENT A. PUBLIC -fCRKS B. CITY HALL 1C. CGNSTRUC'IGN DCCUHENT: K PUBLIC VDRKS B. Cr^ HALL 11. PRDJEC^ BIDS A. PUBLIC WORKS B. CITY HALL 12. CCN-TRUC-iaN A PUBLIC WORKS B. CITY HAL- ^ srr ..WK «*cp projects ■rr _LL^-L :tr ^L. -i- OCTOBER NOVEMBER DECEMBER JANUARY FEBRUARY ;■;■■■■■ .;V- \sii£L^»kiALm 7^/f^ COUIICILMEniNG APR 2 2 IWI CnYOf OBOMO ORONO MUNICIPAL CENTER PROJECT SCHEDULE NITH REFERENDUM (SPLIT PROJECTS) APRIL 9. 1991 BOARMAN. KROOS, PFISTER tc ASSOCIATES, INC. \rm rtm I, ODVOMMCNT IKVKV »cm c—cfc t. cawuwm hcvkw »nMWMM X OTK «UCTIM 4. KMOMTIC KSm & GOST CSmwTC X nNMCC Review 7. RCnMNWN noccss X ReTAW COWTRUenON NANMCR 91 KtMN ICVCLanCNr AHMMM kCRT WUi 111 caMTRUCTaW lOCUMDITS * MMJC MM X cm MU a fROJCcr ns A KRUe MM K CmMU. It. COKSTRUCmi A PMUB MM semiMU. C cm MM M MW MUCfS rOMMY HMD 123 d C3 C3 CJ E31^3 C3 liiiiiiiiiiiiiiiiii i . nmM»........Tin—TT 8isctaniBm.>fe. c ORONO MUNICIPAL CENTER PROJECT SCHEDULE WITH REFERENDUM (REFERENDUM) 1. GOVCRNMCNT REVICV A. can caiuNcn. *. PUWmiNC CaMMSSIQN 2. COMMUNITY REVIEW A. cmzEN enaup a PUIUC HCARPXK 3. SITE SELECTION 4. SCHEMATIC DESIGN 5. COST ESTIMATE 6. FINANCE REVIEW 7. REFERENDUM PROCESS a RETAIN CONSTRUCTION MANAGER 9. DESIGN DEVELOPMENT A PUIUC worn a cm HALL 10. CONSTRUCTION DOCUMENTS A PtrtLIC vnwcs a cm HALL 11. PROJECT BIDS A PUIUC VORKS a cm HALL IS. CONSTRUCTION A PUIUC VORXS a cm HALL C. SITE WORK FOR lOTH PROJECTS /C> COUNCIL APR 2 2C1Y OfORONO APRIL 9. 1991 BOARMAN, KROOS, PFISTER & ASSOCIATES, INC. ■'W y -.-*h -0 /(^ COUNCIL IViELYuiU APR 2 2 1991 CITYOFORONO ORONO MUNICIPAL CENTER PROJECT SCHEDULE APRIL 9, 1991 BOARMAN, KROOS, PFISTER & ASSOCIATES, INC. X. GOVERNMENT REVIEW A. CITY COUNCIL B, PUUMING COMNITTEE a COMMUNITY REVIEW A, CtrnCN GROUP % PUlUC HEARINGS 3. SITE SELECTION 4. SCHEMAHC DESIGN 5. COST ESTIMATE 6. HNANCE REVIEW 7. RETAIN CONSTRUCTION MANAGER 8. DESIGN DEVELOPMENT K PUBLIC WORKS 1. CITY HALL 9. CONSTRUCTION DOCUMENTS K PUBUC WORKS A CITY HALL 10. PROJECT BIDS A PUlUC WORKS A CITY WXJL 11. CONSTRUCTION A PUlUC WORKS A CITY HALL c. srrc WORK m both projects NOVOIIER OeCCHlCR JANUARY FEBRUARY HARCH rrl«Fl|<ala/rMm of rtaetlaa Hnaljrala o, jaal tor tio|»aala rellea Ctilat talastlea Ca|<atlanca la Hatrn ataa/rollea chlata/ Coattact Ataaa rtocaaa rtapoaaA »>laiatr Mtataata rttelaf /rr^<w/Mtti- Otatk 1/M/fl latea Olaea- Collaetiaa Batfalalaf aa4 Labor Malatleaa Job Caaloatlea/ Coat<aaaarioa aFcrBltaaat/SaleeUoa Salaty/baaaflta Jaawa r. mi - aaab. Cltf Naaayar/ roMle latati Mi/ rollea Cblat Frotoaaloaal aaalataaca to other afaaeloa lao raloicOBwat, Fuhllo ■a(ot|/rotaoaael aoloetloa berk rriaatllr la bavaitMat Read poaltloa Hatre area T rellea chiefa > Follea captalaa ■ rlra Chlafa Froeaaa tlaa Oaa orat/labaakat eaaaa. Llalt bBicholoaleat to flaallot. Baokfteuaaa ea ter J trlaatj RMItlofiat ■1liable ■apeeaea n.Ma.M la.an.aa oaa atloopei- Eaaeatiaa Baatch both rablle a prlaata rotMi city Haaaaer aoloetloa la pahlle aoetor city Maaatar/CIty hdaalalatiater i bapt. naada hlao aalaetlon aa aanapar 12 Chlatal 30 CUj nftnM«ti/M»ln./CM<a tiefotlitione. 2 Oolie* Chl«f« IneloOee «0-f0 roeiiv tm Initial •ollellntlnn* 5ob •nalyaln, IntarvlaMp Aanlatt In final aalaetlon/eeai^naatlefi T eltiar Dapt# Otada flalaetion of Chlaf Cot a City rlra PaparUwnt '01 ahon<1a Gutrnbatp* r<»ra<>nal rin>-lndiiatrlal/ Dpclrtlona OraanItntIcHial raycholoyy incoi vet at ad raycftelef leal Maaaananta/ Opplicanta Training Aaeraa«icnt Centara dob analyala OelaotJoa/rroPotienal Yaat Inq Malatantn- BlitabPth Kaelian nyt.-rahllc nactor ftnalyala iraf olil firoll Vico rraaldant llarblo baiadan taaan^ and I•aaan9 cartia riatanf* renaoltlBy rsycholopftat pBti Clinical rnyctielo^tat 19 yta ataCf payeboloylat lionncpln cty Covraetlona MItaliath Lovany* rni) ItiMPan/Oryanliatlonnl fiyatana ftaiiayenent Connaltant Mortlny alth Innataa/ Hennepin Correction riibllr laOrty Thoaipaon- MnnapeaiPitt N9I a KeeraltMnt a Coneultantn conaeltlnp riua ateCf to NM Police becrultMffit Syaten conaettlnn Peyclioleyy rim Baperlence* NetlonvHe Sevocnl pabllc aaCety racroltMnta lalnltod In local area evaloatlon/oaat ptoyran at Omenth period ae part if city daalrea* tubatantlat taatlny/ Payctieleyleal Bealoatien Aaataanent Contera rtlMry Baparate aapanaaa 200>1000 m,SOO«O0 tf aaetlena eat# deaa aeparataly 010*000.00 If all dona aa 00 paekaya TOTAL OlOpSOO-llpSOO Total 130*000 - IfpSOO cowcuMEEnm LPR2Z qIYOFOMNO Itnve Hat In BeoroltMint/aaleettoii Altarnnilvee- a) Joint aaareb eith Beat Hennepin b) AnaeaaiMnt Center an aobatiteta Cor aoraentny panel Initial aereenlny on Mtrlk of needed characterletlea/ yttallCleatlofie reycboloylcel teetlny on final eandldetea 00*090.00 00*029.00 Bxteneive Hetro Bapetlence Recruit Baperlenee 4 City Hyra/Adnin 1 Police Cfilef Iplua ether Adnln/ory. Anelyaia 00,900.00 03*000.00 ♦ loapeadlny aa 1*0 aeraanadi irollce OCIlear OalactlonI 1 other Dept, iieeda Robert Robert- Muwfoua faycholoyleal PllD-lnduatrlal/ aveluatlona (or 20 Orynnicatlonal Payetiolooy follca Dapactmanta Richard Carlyulat- Rablle Oataty Dlreetor/ Rollce chlaf/PlyMouth / ;j