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HomeMy WebLinkAbout05-13-1991 Council Packetr.> P AGENDA FOR COOHCIt MEETING SET FOR MONDAY, MAV 13, 1991, 7s00 P.M (♦) Asterisk items are considered to be routine items to be enacted upon by one motion by the City Council under the Consent Item* on the agenda. Discussion will be^Aeld uponare onrequest. Memos regarding each of the Agenda available in the Public Packet which may be obtai request from the Recorder. BOLL CALL 1. CONSENT AGENDA* 2. Certificate of Appreciation - Officer Jay Dombouski APPROVAL OF MINUTES • 3. Regular Meeting of April 22, 1991 * 4. Board of Review Meeting of April 30, 1991 PLABEIRG COMMISSION COMMENTS - Sara Moos PUBLIC COMMENTS - (Limit 5 Minutes Per Person) SONING ADMINISTRATOR'S REPORT **APPL1CARTS** Innediately after the Council has reviewed your application please siqn the three (3) original resolutions at the Recorder's desk. Applicants need not execute resolutions for subdivisions, vacations and denials. 5. 6. 7. 8. 9. 10. 11. 11626 Tim Traff, 2683 North Shore Drive - Variance Approval Resolution #1629 McNulty Construction, 1700 Fox Street - Variance Approval Resolution #1631 Charles & Ann Hommeyer, 475 Linden Avenue - Variance Resolution #1633 Andrew McDermitt, 2702 Walters Port Lane - Variance Resolution #1635 John O'Sullivan/Erwin Smith, 2420 Shadywood Road Variance - Commercial Site Plan - Resolution #1638 City of Orono, 1385 Brown Road South - Variances Resolution Ordinance Amendments: SectiMi 10.02 - Facilities of Other Public Entities and Section 10,61 - Temporary Signs EH6INB] pr * 12. f [ 13. MATOR/i 14. (■ \ * 15. CITT A1 r *■16. 17. 18. *8 REPORT Navarre Heights Storm Sewer - Accept Bids - Resolution Request for Payment #7 - Pumphouse #3 Bit I ■CIL REPORT Joint Council/Planning Commission Meeting Lake Minnetonka Cable Communications Commission • Response to Inquiry milSTRATOR'S REPORT City Facilities Site Selection Stubbs Bay Sewer Park Commission Recommendation - Bederwood Park % -'iia1 V- i I f J •i 'i. i ^'4- H ,-i A FOR COOHCIL MBBTIHG SET FOR MONDAY, MAY 13, 1991, 7:00 P.M. CITY K 19. 20. 21. 22. 23. 24. * 27. * 28. * 29. * 30. * 31. IINISTRAIOR'S REPORT Continued Lake Use Conunittee City i^omaunications Police Chief Selection Process Liquor Violation Review Process Patrol Officer Continued Employment 6e«ter/Water Rates - Ordinance Amendment Highway 12 Corridor Study Municipal Board Process l^loyment - CSO Officer Employment - Park Department Public Works Director - Car Allowance Customer Service Response ADMINISTRATOR’S INFORMATION Southwest Drug Task Force Minnetonka Beach Sewer/Water Hours of Operation/Kennel Administrator's Goal Setting Status CITY ATT II « I .PORT UCBR8B8 (32*) BILLS (33*) ADJOU] .1 ;m6 issues ard eveets 05/11 05/11 05/13 05/13 05/20 05/21 05/21 05/21 05/22 05/27 05/28 - Spring Clean Op - Saturday 8 - 4:30 p.m. - Police Auction 10:00 a.m. - Reconvened Board of Review 6:00 p.m. - Council Meeting - Planning Commission - School Board Election - Technical Committee Highway 12 Corridor (4th Tuesday) • Citizens Committee Highway 12 Corridor (4th Tuesday) - Policy Committee Highway 12 Corridor (3rd Wednesday) - Holiday - Memorial Day - Council Meeting - Tuesday ; f O'- \\oT CITY of ORONO^,^ RESOLUTION OF THE CITY COUN %0. ._ _ _ _ nct9» < > <5^ h. RESOLUTIOR OP APPRBCIATIOH TO POLICE OFFICER JAT DBMBOOSFT % WHBRBASf Jay Dembouski is a member of the US Marine Reserves, and WHERBR8, Jay Dembouski was called to active duty on December 2, 1990 leaving the Department on November 28, 1990 to participate in Operation Desert Shield, and WHEREAS, Jay Dembouski went on to participate in Operation Desert Storm in the capacity of a military police officer, and WHBRBASf Jay Dembouski actively was involved in the handling of prisoners, and WHEREAS, the Allies carried out their mission successfully and US Troops were being sent home, and WHEREAS, Jay Dembouski will be discharged from active duty on May 9, 1991 and has resumed his duties as a police officer with the Orono Police Department on May 6, 1991. HOW, THEREFORE BE IT RESOLVED, the City of Orono welcomes back Jay Dembouski and is proud of the job well done while on. active duty with the US Marine Corps. Adopted by the City Council rf the City of Orono this 13th day of May, 1991. Barbara A. Peterson, Mayor ATTEST: Dorothy M. Hallin, City dlerk aa ’I' • 1^- HELD APRIL 22, 1991 MINUTES OF THE REGULAR ORONO COUNCIL iwi ^_ _ _ _ _ _ _ _ _ GQetten* Edward Callahan# Gabriei Jabbour and Mary ROLL CALL: The Council met on the above date with the present: Mayor Barbara Peterson# Councilmemb V,, i j. _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . . < following representad the City Staff: City Admini stra -Wfann fe The __ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ Bernhardson, “^Building and Zoning Administrator Jeanne Mabu Public Works Director John Gerhardson, Assistant Planning and Zoning Administrator Michael Gaffron, City Attorney Thomas Barrett# city Engineer Glenn Cook, and City Recorder Laurie Scheffler. Mayor Peterson called the meeting to order at 7:00 p • ni • (#l*)CONSENT AGENDA Goetten requested that item #34 be removed from the Consent Agenda for discussion. Mayor Peterson askad that items #10, #14, #22, and #23A be added to the Consent Agenda. It was moved by Butler# seconded by Mayor Peterson, to approve the Consent Agenda# with the exception of item #34, which I'QDioved and discussed in the sequence shown on the Agenda# and the addition of items #10, #14, #22 and #23A. All voted aye. Motion passed. (•2*)APPROVAL OF MINUTES It was moved by Butler, seconded by Mayor Peterson, to approve the Minutes of the Regular Council Meeting held April 8, 1991, . All voted aye. Motion passed. PUBLIC COMMENTS: John Farnham# 3225 Carman Road, distributed a copy of Ijjfounation put together by Orono residents pertaining to another city facility site option they would like Council to consider. Curt Quady stated that the information provided by Mr. Farnham should be helpful to the Citizens City Facility Committee, and that in his opinion, the Committee was not given enough information when they last reviewed this issue. Mayor Peterson recognized Mr. Rettinger, with the Long Lake Fire Department, Mr. Rettinger introduced Shannon Formisano and Dan Tibbetts of the Long Lake Fire Department, stating t*-at both are involved in teaching a CPR class. Ms. Formisano explained that the Long Lake Fire Department began the CPR program in January, 1991. The class is offered of charge for all residents living within the Long Lake Fire Department District. Ms. Formisano asked if the City Council - 1 - f - '•V I f ti-‘,r. f-. i-‘-- trr R'-: I- f' t>- Pr|i'J. ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 PUBLIC COMMENTS CONTINUED could have the City Staff include information pertaining to the CPR program in with the water bills or City newsletter. She stated that the program would end in June, 1991, and woula resume again in September, 1991. Ms. Formisano encouraged everyone to take the eight hour class, which is usually held from 6:00 p.m. -O 10:30 p.m., one Tuesday and Thursday per month. The next class will be held on the 14th and 16th of May. Ms. Formisano explained that those that take the class assist the 911 system in that they can help a person that is choking, or has gone into cardiac arrest before the paramedics arrive. Dan Tibbetts stated that Shannon Formisano is a Registered CPR instructor through the State if Minnesota and that the money to pay for her class comes from the charitable gambling proceeds that come from the pull tabs sold by the Orono Lions Club at Ldrry's Lounge# end the Red Rooster. Councilmember Butler askad Ms. Formisano if it is possible for persons living outside the Long Lake Fire District to take the class. Ms. Formisano advised that persons living in other fire districts may take the class if they make a donation to the CPR class. Mayor Peterson thanked Shannon Formisano and Dan Tibbetts for the information thay had provided. Curt Quady stated that he had determined hat every real rent in Orono pays approximately $10.76 for Fori* an- >311 clean-up days regardless of thi“ degree of par c.. ..-po cion, Ha asked why the City does not have: each resident that participates pay so much based on how much he,-she brings in to be thrown away. He also asked what the City plans to do with the $25,000 they are going to bill and receive from the residents for the clean-up program. Gerhardson explained that the clean-up program originally cost the City of Orono between $5,030 and $6,030 per year; it now costs $25,000. Bernhardson added that the fee would cover not only Spring and Fall cleaa-up, but recycling as well. He said, "If we did not fund these programs with an established fee, funding would have to be provided from the general taxes. It is our feeling that we would discourage people from participating in the program if we asked them to pay is they enter the dumping area based on how much refuse they have." Quady compared the solid waste billing system to that of the water and sewer billing which he stated charges the same fee - 2 - 1 Ipfe ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 PUBLIC COMMENTS CONTINUED regardless of the size of the house, or number of people using the system. He felt that once people realized how much it would cost to take refuse to a public dump, tney would not be discouraged from partaking and paying to use tne Orono Spring and Fall clean-up days. Quady stated that he does not understand why the City's philosophy is that everyone should ?3y the same. Dave Peterson stated that the residents would have to pay for the Public Viork crews to clean refuse out of the ditches in the City if there is a higher cost for the clean-up program. ZONING ADMINISTRATOR'S REPORT: (#3)ZONING FILE #1497-GERALO TOBERMAN 1960 SHORELINE DRIVE CONDITIONAL USE PERMIT-RESOLUTION #2953 James Gilbert Attorney for Mr. Toberman, was present. Bernhardson explained that a final draft of the agreement between Mr. Toberman aid the City has been prepared and agreed upon by the parties' attorneys. He said, "Council agreed to grant the conditional Use Permit under certain restrictions. The continuance of nautical sales on the property may occur provided the operation commences between April and October of 1991, aid is fully operational until April, 1992. The property owners have agreed to sign a waiver of rights, which states that if the criteria in the agreement is not met, the Conditional Use Permit shall be revoked, and the property will revert to Residential zoning." Bernhardson noted that a letter had been received from Dan Crear and George Rovegno, who were unable to attend this meeting, asking that this matter be tabled this evening. Jim Gilbert ^ nfirmed that a tentative agreement has been reached between the parties, based on the language drafted by the City Attorney. He said, "Mr. Barrett and I have done some additional research on this issue. Neither of us been able to find any case law to support the City's ability to force a business to remain open during certain periods of time. Most case law referred to restriction of hours, and occasionally days, but I do not believe the City has any legal authority to force my client to be open during specifiad days and hours. As part of the settlement of this matter, if Council approves the Conditional Use Permit, we will accept that as proposed and negotiated by myself and the City Attorney." Art Tourangeau asked what the hours of operation would oe. Bernhardson responded, "Tha business must be open from 10:00 a.m. to 6:30 p.m., at a minimum, but may remain open until 8:00 - 3 - .. ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (13)ZONING FILE #1497-TOBERMAN CONTINUED p.m TQijfanoeau statsd that hs die not think it wise Jt the Ciu/ to allow a business use of this property after it has sat vacant for four years. that a deadline date has beenGoetten advised Mr. Tourangeau established, and if there is no business operating from this property by that time, that is it. Alan Nettles, 1940 Shoreline Drive, reiterated Mr. Rovegno|s request to have this matter tabled so that he could express his concerns to Council. Nettles said, "As you know, Mr. Rovegno is very much ooposed to the City granting a Conditional Use Permit. I am also opposed to it. I maintain the same position I had when Council last reviewed this issue. A discontinuance of this use, voluntary, or involuntary is inmaterial. The City of Orono's Ordinance is crystal clear from a legal standpoint. M.r. Rovegno and I share the opinion that the City does not have the authority to grant what is in essence a use Variance. I talked with several CounciIroembers on this issue, and I became convinced that there may be some misinterpretation that the City Attorney's memo means that the City has no choice but to grant Mr. Toberman a continued use Variance because laws exist in other States. It is ray opinion that the lav/s of other States do not necessarily bind the City of Orono. In fact, the case for the City discontinuing this is very strong. There has not been any use of this property. I have lived near the property for five years. Mr. Crear and I stated last year that there was no use of this property, but representatives for Mr. Toberman disagreed, stating that the property had been used for meetings. Those t^ptesentatives are now saying that the use was discontinued on an involuntary basis, and that is supposed to make a difference. The issue of whether the discontinued use was voluntary or involuntary is one of first impression, which means such an issue has not been decided before in Minnesota. The City Attorney's memo states that there is authority in other jurisdictions which requires a showing that the property owner voluntarily abandoned it. That does not necessarily bind the City of Orono. The issue pertaining to the fact that Mr. Toberman has made significant financial investment in this property, and that it is therefore Unequitable not to allow him to use the property, is one where Mr. Toberman would have to prove that the City somehow acted improperly against him. The City has a strong position and has the authority to deny this request. Another issue raised, is that of inverse condemnation, which would require the City to pay Mr. Toberman because it is taking away part of the use of his pjfQpnrty• In order for M.r. Toberman to succeed with such a claim, he would have to show that there is no reasonable use left. That is not the case, there is a reasonable use left for this property. - 4 - r! 0 i¥ \s Ih-i: ;*i ^y ■' ^ - ^ ► ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 13)ZONING FILE #1497-TOBERMAN CONTINUED I think the Council ought to consider whether it wants to splice in law from another ]urisdiction into the City's crystal clear Ordinance to benefit an owner that simply wants to sell this property. I do not think that is a good decision. I think the best decision is to get that property back to Residential zoning. It is the only property between V/indward Marine and Navarre that is not Residential. The City wi opportunity to revert the zoning of this residential.” 11 not have another roperty back to It was moved by Callahan, seconded by Mayer Peterson, to table this matter. Motion, Ayes-2. Goetten, Jabbour, and Butler, Nay. Motion failed. Callahan stated that, in his opinion, the commercial use of this property was discontinued, and therefore, it should revert back to Residential zoning. Callahan doubted that Council would be able to revoke the Conditional Use Permit one year from now if there is no operation on the premises. He said, "I think we will find that the Waiver of Rights, no matter how well intended by Mr. Toberman, will be challenged by any future owner of the property." Jabbour asked Barrett if the City would face any legal risk if the City Council voted to deny the Conditional Use Permit. Barrett replied, "It is my opinion that the applicant has a demonstrated property interest in this business and permit in light of his investment. The issue of abandonment, is based on the interpretation of the Ordinance and whether or not it can be reasonably applied to this particular circumstance so to take away the property right to run the business. My conclusion is that if the Council were to find that the use was voluntarily abandoned, then Mr. Toberman would have abandoned his property right. If you find that it was not voluntarily abandoned, which was the premise of the resolution, it seems to me that the reasonable interpretation of that Ordinance requires that you permit that to remain in effect." Jabbour stated that, at their last meeting. Council had conceptually approved t.he continued use of this property. He questioned whether the City's legal position would be jeopardized if Council now voted to deny the use. Barrett replied, "No. Council gave conceptual approval at their last meeting. If new facts have bean introduced since that time, or if facts presented at the Public Hearing have been reconsidered, that now demonstrate t.he need for a different result. Council may do that without prejudicing the City.” Jabbour asked Barrett to clarify how binding Mr. Toberman*s - 5 - s. ht: I.r I i p.- i; li:-I-f''.' I■4.. ORONO CITY COUNCIL MEETING HELD APRIu 22, 1991 («3)ZONING FILE #1497-TOBERMAN CONTINUED signature on the Waiver will be in regard this property. to anv new owners of Barrett replied. "The Land Use Statutes in Minnesota allow, and in fact require, us to file Conditional Use Permits against the land. We have also provided that the VJaiver, which Mr. Toberman would sign, would be filed with the Conditional Use Permit. To that extent, any subsequent purchaser is on notice of the condition." It was moved by Butler, seconded by Goetten, to adopt Resolution #2953, and accept the changes that have been made by the applicant's attorney. Motion, Ayes-3, Mayor Peterson, Callahan. Nay. Motion passed. (|4)ZONIHG PILE #1629-MCNULTY CONSTRUCTION 1700 FOX STREET VARIANCE James McNulty, Hugh MacMillan, Duncan MacMillan Taylor, Attorney, were present. and Jack gei^nhardson stated that based on action taken by Council at their April 8, 1991, meeting, a denial resolution is being presented for Council's review this evening. He noted that the City Attorney’s office had only a brief opportunity to review this resolution, and suggested that Council may wish to table this matter. Mayor Peterson asked Jack Taylor if he would like Council to table or proceed with this application. Taylor stated that his clients would prefer to proceed, and he asked for the opportunity to make a few brief statements. He said, "Thsre are three factors l would ask Council to consider. First, the City has adopted no policy with respect to lot coverage for a principal residence on lots exceeding two acres. As was the case in 1987, a.nd is still true today, these improvements could have been made to the principal structure. In 1987, Council did find sufficient hardship to merit approval of the Variances requested. I believe those hardships, set forth in Resolution #2204, still exist today. Based on the 1937 approval, the applicant constructed the building in accordance with the requirements and conditions. What we now have, as applied to this Variance, is a piece of property and improvements that comply with the Zoning Ordinance. Based on the action taken by Council in 1987, and what the applicant agreed to in 1987, with regard to restrictions, this property is now truly unique. The accessory building has been operational for two years, and there have been no adverse consequences to the neighborhood. We feel these factors need to be considered by Council when they make their decision. - 6 - ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (#4)ZONING FILE #1629-MCNULTY CONSTRUCTION CONTINUED We would ask Council t i also consider t.ie fact <-iiat tiie property ownar h.ts ^ivc'n ■? suostantial property Restrictions have been recorded in tae cnain o. tit e. » apolica It has expend^^d substantial funds i.o construct e accessory structure containing utility, security aa^- support facilities more than sufficient to handle this addition he is now proposing. It would place an unnecessary financial hardship, as well as an environmental burden on the property, it the applicant has to duplicate those services should he choose to put the 1,190 s.f. addition on the existing home. Another issue f->r consideration is that given this property, *n i=-s present condition with the oversized structui*e already permitted, it seems to me that special conditions applying to the property are definitely peculiar i.o this property ai ^ apply gsnerally to any other lend or structures in the District in which this property is located. That is based on what has been done. In summary# hardships are very difficult. It seems to me that t.he basic thrust of the applicant’s position is that there should be consistency and uniformity of application to the Zoning Ordinance to a particular piece of property. That consistency and uniformity does point to the Council’s approval of t«iis minimal Variance that the applicant is requesting. Ta/lor noted an error he believed to exist on page five of the proposed resolution where it stated in paragraph nine that the actual floor area of the sports center is l!),836 sf-, rather than 13,0»86 s.f. It was :ioved by Butler, seconded by Jabbour, to adopt the Resolution for denial as presented by City Staff. Motion, .\yes-*2. Mayor Paterson, Goetten, and Callahan, Nay. Motion failed. It was moved by Callahan, seconded by Mayor Peterson, to conceptually approve the Variance reque-^t i.o construct an addition to the e.-;isting sports center. Staff is directed to prepare iin appropriate resolution for Council’s consideration at their May 1.3, 1991 meeting. Motion, Ayes-3, Butler, Jabbour, Nay. Motion passed. (#5)ZONING PILE #1634-JAMES t JOAN MAOS 3700 BAYSIDE ROAD VARIANCE-RESOLUTION #2954 Jim and Joan Maus were present. Jernhardson stated that this application involves a request for a side setback Variance to construct an addition to the existing residence. added that due to the location of the - 7 - fe ; ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 {#5)ZONING FILE #1634-MAUS CONTINUED adjacent residential s :.ructures, ai average lakeshore setback Variance must also be addressed. Bernhardson noted that the Planning Commission recommended approval of this application. It was moved by Butler, seconded by Mayor Peterson, to adopt Resolution #2954, granting a side setback and average lakeshore setback Variance to constru:'t :’.n addition to the existing residence of James and Joan Maus, located at 3*00 Bo.yside Road. All voted aye. Motion passed. («6)ZONING FILE #1636-STEVEN TIBBETTS 1810 SHADYfiOOD ROAD VARIANCE-RESOLUTION #2955 Steven Tibbetts wrs present. Bernhardson provided a brief summary of tie h-rdcover statistics for Mr. Tibbetts* property, =ts outlined in Jeanne Mabusth's April 11, 1991, memo. Ha noted that the Planning Commission had recommended approval. It was moved by Callahan, seconded by Butler, to adopt Resolution #2955, granting after-thc-fact hardcover and side Variances f >r the construction of an addition to tne principal structure of Steven Tibbetts, located =it 1810 Shadywood Road. All voted aye- Motion passed. (#7)ZONING FILE #1637-SPRING HILL LAND COMPANY 725 SIXTH AVENUE NORTH CONDITIONAL USE PERMIT-RESOLUTION #2956 Jud Dayton was present, a- w.s his Mitchell. attorney, Rnbert Bernhardson reviewed the issues pertaining tr* this application as set forth in Jeanne Mabusth’s memo dated April 12, 1991, and hsr additional April 1?, 1991 comments based on the Planning Commission’s review. He stated that a question had arisen at the Public Hearing regarding whether o: not the "for- profit" company would be able to operate and lease out other conference space. The iiitial opinion was that would not be allowed. However, either the Church or the Freshwater Biological Foundation would be able to do so. B=^rnhardson advised that Staff also learned that as long as the property is owned by a "for-pcofit" company, it will remain on the t^x rulls, even though the property will be leased to non-profit organizations. Bernhardson anked Mibusth to clarify the i:?sue of legal combination of the parcels involved with the Conference Center. Nabusth confirmed that the applicant has agreed to legally combine the parcels on which the Conference is located. She noted that an amended letter has b»-)en r'^sceived f om tie applicant’s attorney setting forth the revisions deemed necessary - 8 - •% Jr.1 ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (#7)ZONING FILE #1637-SPRING HILL LAND COMPANY CONTINUED by the City Attorney. Bernhardson advised tiat t\e Pi.anning Com.'nission h-:.d recominendtjd approval of this application. Butler referred to a letter dated January 1991, signed by riike Brady, that included language pertaining to an option for the Woodridge Church to purchase the Conference Center property. She asked if that is in fact an option. Mabusth e.'iplained that the Woodridge Cnurch had initially submitted a Conditional Uso Permit Appxrcation requesting the use of this property. She stated that application was withdrawn because Spring Hill Land Company is the owner, and therefore, the appropriate applicant to make such a request. Jud Dayton informed Council that there \s no option to purchase available to Woodridge Cnurch and that the agreement with the Church does not include that op.; on. It was moved by Butler, seconded by Goetten, to adopt Resolution #2956, granting a Conditional Use Permit to Spring Hill Land Company to permit Woodridge Church to use portions of their existing Conference Center. All voted aye. Motion passed. At 8:02 p.m.. Mayor Peterson opened the Public Hearings for Agenda Items #8 and #9. (f8)ZOHIN6 FILE #1623-KEENAN RICHARDSON 2500 NOODHAVBN DRIVE CONDITIONAL USE PERMIT-RESOLUTION 12957 Keenan and Jean Richardson were present. Bernhardson explained that a similar Conditional Use Permit request had been received and granted for Dr. Richardson's neighbor, Kim Edwards, two yaars ago. He said, "The fill has been hauled in and is presently located on Dr. Richardson's property. It is my understanding that it has nat yet been spread out aid leveled. There is a question about a penalty fae for the after-the-fact nature of this application." Callahan asked Gaffran to involving Dr. Keenan's neighbor. elaborate on the application Gaffron explained that a significant amount of fill had been hauled in for tha Edwards property in order to rair.e the level of the ground. He said, "This neighborhood is very flat, and drainage is slow. Some of the fill brought in by Dr. Richardson will indeed h»nlp to protect his neighbors septic system. The City Engineer has reviewed this situation and does not feel that the added fill will create drainage problems for any ntnighboring - 9 - .■r/. ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (#8)ZONING FILE #1623-RICHARDSON CONTINUED properties. Tne diainage w'.ll c.>ntinue wetland." 11 t ie e -St t: 1 Callahan a:iked if each neighbor on Woodhaven Drive wr)uid have to come to the City for a Conditional Us'- Permit to correct drainage problems that may occur if each neighbor feels it necessary to haul in fill; in other words a domino effect. Gaffron stated that the Cxty Engineer did not believe that would occur. Goetten asked whether the filling will actually improve the drainage the situation. Jean Richardson e.-cplained, "We have been advised to grade the fill and slope i*- slightly between the two properties. Right now that area is so low, water just sits there. The fill will increase the elevation and grading will provide enough slope to allow the drainage to flow from the property." Gaffron added, "One could also argue that this is something that should have been done by Mr. Levering when he graded the lot after constructing Dr. Richardson's house. This issue was obvious back in 1983 when drainage questions were raised by the neighbors. The grading issue was nevar resolved to the satisfaction of anyone." Keenan Richardson stated that the area of stagnant water is not only ugly, but poses a potential health problem. He said, "It is roy understanding that, although tiiis pre-dates m/ ownership of this property, that thi.s ponded area of standing water has been ping-ponged back and forth between these two properties. The City Engineer agrees that what we are now doing will channel the water back into the wetland area. It is on that basis that we would ask Council to reconsider the after-tho-fact penalty faes. The City Engineer approved the proposal back in 1985 which caus«ad the run-off to drain onto my property." It was moved by Callahan, seconded by Jabbour, to a>dopt Resolution #2957, as presented by Staff, granting a Conditional Use Permit for approximately 500 cubic yards of fill within the front yard of Keenan and Jean Richardson's homo, located at 2500 Noodhaven Drive, and including p'^.yment of penalty fees. All voted aye. Motion passed. - 10 - nu ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (#9)ZONING FILE #1626-TIM TRAFF 2683 NORTH SHORE DRIVE VARIANCE Till Traff w.ns present, an was James M neighbor) and hii- Attorney. Robert Mitchell. ccnell -.‘Ir. Tcaff's Bernhardson e.cplained the issues involved wit.n the Tcaffs' reque-^t to remove an existing residential structure, and construct a new home (see Michael Gaffron's April 17, 1991, memo). He advisad that the Planning Commission had recommended approval of the lot area and lot w’dth Viriances, b>*.t recommended, thre^e to one, to deny the side yai'd setbaclc Variance. Ha said, "Subsequent to the Planning Commission meeting, the applicant revistfd h:.s house plan aiid reduced the east side yard Variance from seven feet to five-and-a-haIf feet." Gaffron stated that Robert Mitchell had submitted a letter this evening, on b?half of his client, J’.m Mitchell, that requests an agreement for additional screening. He asked Bob Mitchell if he would elaborate. Bob Mitchell s’nowed the Council pictures of Jim and P.t Mitchell’s r..—ne in relation to th-; Traff property and the existing l.sndrcaping between the two properties. Ha said, "The new home proposed by the Traffs will be located nearer to the Mitchell’s home. W? do not feel it is unreasonaole for there to be some additional landscaping to serve as a buffer." He showed a proposed landscape plan, depicting the location of trees that the Mitchells intend to plant on their side of the property line, and those the Traffs would be asked to plant on their property. Bob Mitchell stated that he has not seen a revised survey of where the Traff home would be located in order to require only a five and a half foot Variance, rather than seven. He added that the Mitchells are amenable to the Variance request if the Council requires the Traffs to provide additional screening. Tim Traff showed sketches of tie proposed house an originally planned, and as revised. He not>:d that the house will now be moved back and will face the lake rather than facing the Lacy house, which will move the house off of the )0 foot side setback line from tlie Mitchell's property line. Traff stated that he has tried to work with the City, and not only reduced the side setback Variance, but moved the house b^-ck to meet the average lakeshore setback. He added that having to angle his house in such a fashion where it would not face the lake, would compromise the integrity af the house and future value. He advised that he had consulted several architects and contractors who indicated that there is little that can be done with the existing 50-year old home. Traff said, "Granting a five and half fo^at side setback Variance will all'w prop^^r proportional dimensions for a conservative home to be constructed. The home will reduce hardcover on this property and will be further from - 11 - iv^' V F- f 'ii ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (19)ZONING FILE #1626-TRAFF CONTINUED the Lacy property line than the existing home." Traff stated that he had been approached by Jiro Mitchell at ‘i:30 p.m, this evening and he was asked to plant pine trees that would cost between $B,000 and $10,000. He said, "Obviously new construction is going to involve s^me plantings. I think it is unfair at this point to ask ms to make a $10,000 commitment for new plantings and hive that Cv.ntingent on approval of the Variances requested." Goetten asked Mr. Traff i' ha would br> agreeable to providing additional screening after his home is constructed. Traff replied, "I di> not think there is any question that there will be new plantings. However, I nm not asking anything from the Mitchells, and I -.hink it is unfair for them to put me in this position." Goetten clarified that her question wns not in relation to the degree of planting requested by the Mitchells. She only wished to know if some planting would occur as the years go by. Mayor Peterson asked f >r clarification regarding the proposed deck shown in front of the house. Traff explained that the deck will be grade level, and is therefore not a concern with the a/erage lakeshore setback. The deck conforms to hardcover requirements and ;.s entirely out of the 75 foot setback area. Butler noc< d that if this property w-»s still under the guidelines for one-acre zoning, as it was when initially subdivided, the side yard setback would be 10 feet, rather than 30 feet. Jabbour stated that he did not understand the basis for the Planning commission's recommendation to approve a lot width Variance but deny a side setback Variance. It seemed to him that if a lot width Variance is requested, it is likely that there will be a need for a side setback Variance. Ha added that lot has a bottle neck shape. Goetten stated that, in her opinion, the now home proposed by the Traffs greatly improves the property from a hardcover and side setback standpoint. She believed that Mr. Traff had worked hard to find a house that would suite the property, and had compromised on the location. Jabbour stated that he did not believe Council could dictate the number of trees Mr. Traff is to plant. He asked Mr. Traff what he intends to do for landscaping. - 12 - i i r '‘■h t- Y ]: U-I :> I- rilV I?' ;;- •s' ■i-'ir h--r.. ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (#9)ZONING FILE #1626-TRAFF CONTINUED Traff replied, of tiie compromises I reached with the Lacys was that trees wv^uid be planted on their side since the new home would be more closely located to their property. I think it is fair to say that trees will be planted between the Mitchell and Tcaff house.” Bob Mitchell said, "Mr. Traff has cat a deal with the Lacys involving additional screening. It is customary for agreements to be required in light of granting V.-.riances. T'lere is nothing to say otherwise that Mr. Traff could plant trees '.0 years from now. Council requires landscape plans w.th cc^mmercial site plans. We are asking Council to set some minimum standard for landscaping so we have an understanding of what the degree of screening between Mitchells ano Traffs will be.” Goetten indicated that, an she understood it. Council did not have the authority to specifically require sjmaone to plant a certain number of trees. Bob Mitchell disagreed. Jabbour asked Barrett for his opinion. Barrett said, “My opinion differs from that of Mr. Mitchell, in that the Mitchell property in not affected by this application. I do not understand wnat the basis would be for including additional requirements or conditions." Bob Mitchell replied, "The lot is supposed to be two acres in size and the width should be greater than it is at that point. The existing house is way over on the other side. The naw house will be much larger and closer to the M.’.tchells' property line, and the negative impact on their house is much more severe. Mr. Traff has already agreed to provide additional landscaping in exchange for the Lacys’ approval of his plans. I do not think it is unreasonable to ank for a t'.imilar arrangement with the Mitchells." Bernhardson stated that if Council conceptually approves this application this evening, the resolution would be brought forward at the May 1.1th meeting. He suggested that would provide an opportunity for Mr. Traff and Mr. Mitchell to mutually agree on a screening plan. Council agreed that Mr. Traff could take that opportunity if he wished, but that it would not be required. It was moved by Goetten, seconded by Mayor Peterson, to conceptually approve the side setback, lot area and lot width Variances to construct a new home at 2683 North Shore Drive, Staff is directed to prepare an appropriate resolution and - 13 - ORONO CITY COUNCIL MEETING HELD APRIL 22. 1991 («9)ZONING FILE #1626-TRAFF CONTINUED present it to Councxl at tJiexr May 1 ^ aye. Motion passed. 1991, meeting. All voted Mayor Peterson closed the Frolic Hearings on Zoning File il<»23, and #1626. at 8:39 p.m. BNGINEER'S REPORT: (ilO*)REQOEST FOR PAYMENT #6-PUMPHOUSE #3 At Mayor Peterson's request, Councxl voted to add this item to the Consent Agenda. It was moved by Butler, seconded by Mayor Peterson, to approve Payment Request #6 :.n the amount af $29, 925.00, to Richmar Construction for tie Pumphouse #3 project. All voted aye. Motion passed. NAYOR/COUNCIL REPORT: CounciImerober Callahan stated that he had an item he wished to discuss before proceeding with the numbered items under the Mayor/Council Report. He said. "The next item on the Agenda is the Planning Commission appointments to fill t\ro existing vacancies. At the present time, the City's Ordinance provides that the Planning Commission terms are to be for throe years, staggered. I would like to make a motion that wo amend that Ordinance prior to filling the vacancies so that the term will be for one year# and that each of the succeeding terms, as they come will also revert to one year. The reason I am suggesting to make such a motion i? that it appears to me that we have a somewhat serious condition with the Planning Commission on a broad, administrative level. That i? my own personal opinion. It appears to me that thexre has developed a serious amount of antagonism between the Planning Commission and Council. The Planning Commission has an institutional, as opposed to an individual# view that the ramoval of the Council, that is the somewhat idiotic and cowardly Council, by tho Planning Commission would lead to a much better administration of the City. I have also had the feeling that there were a few membe.rs of that Planning Commission who fait that tJiey would be willing to step in if forced to take that position. I have this feeling because I remember hiving been at a meeting of the Planning Commission and Council about three years ago where that feeling was expressed rather forcefully by the members of the Planning Commission who were there. I have not seen anything in the change of the membership of the Planning Commission which makes me think that feeling has changed. I also have that feeling because t have h«iard members of the Planning Commission# within this current year expre.ss views about the competence of the Council# on certain matters, in language which - 14 - i*;:' - S". V. ; ’k' r ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 MAYOR/COUNCIL REPORT CONTINUED does not suggest to m;-> that common sense was being appi.ied by those who were using it, whether or not the question that they were addressing was correct, which leads me to believe tnat. I have the feeling, from having listened to an abbreviat-?d report of the discussions between the Planning Commission and members of the Council at the last Planning Commission meeting, that feeling has not gone away. It also seems to me, and I may be wrong, that there is a split personality within the Planning Commission. If it is not precisely true that you get a different result, depending on when you appear before the Planning Commission, it is true that you at least would get treated in quite a drastically different way, and you might benefit simply from having your matter tabled in hopes that another group of Planning Commission members were present at that next meeting. I am also aware, at least it has been suggested by some members of the Council, and certainly the suggestio.ns in the various documents we get are such, that wn are considering a change in the function of the Planning Commission. The City of Plymouth is having a deal of difficulty in their attempts to change terns after an election. mth a staggered board on the Planning Cororoirsion, in order to effectively change the make-up, or tenor, of the Planning Commission, if Council so wishes, would prove extremely difficult and would take three years. If we change the Ordinance to provide a onc-year term, during which time the Council addresses tinese matters. Council could make changes in the Planning Commission, effectively. If my view of the Planning Commission in correct, and it isn’t to say that I object to individual decisions that they make about zoning, I am at a complete loss to understand why wo would want to have an advisory body whose view of us was that it would be better if we went away and d;.ed q.iietly. And that it we were unfortunate enough not to follow the recommendation, which they absolutely feel are necessary, that we should perhaps be shot at sunrise. Even thoug.n I do not believe that it is necessary for the Planning Commission t.n be 'yes people', I still don't believe that we should have a group that does not have anything in common the way that we run the City. I think if we make tnis change, we would be able to consider those problems and deal with them. Otherwise, if wo elect people for three-year terms tonight, we will be very awkwardly placed, at least politically and practically, to do anything about it. I would like to say, and this contradicts some of my earlier negative comments about the Planning Commission, that I think the Planning Commission does extremely good work. They work as hard 18 they can and their zoning decisions are well thought out and conceived, with the exception of this split personality. It would be hard to do c- -er than praise them for the work they did - 15 - ‘i 1- ORONO CITY COUNCIL MrETING HELD APRIL 22, 1991 MAYOR/COUNCIL REPORT CONTINUED in connectior. w-. th Highway 1’. here." Ho«/ever, sonething is w’:ong v^3S moved by Callehan, seconded by Bubler for the purpose of discussion, to amen-’ Ordinance Number 31, Second Series, to reflect a change in the Planning Commission term from three years to one year. As each of the three-year terns in progress terminate, each shall revert to a one-year term. Butler stated that at the time she was serving the City, there were problems with the Planning Commission and the Council at that time had (difficulty addressing the problems because the terms were for three years. She stated that at times a Planning Commission member would disagree more with a CounciImember's personality, than philosophy or principle. She said, "Pei-sonal confrontations are very distasteful and discomforting. Whether we agree on philosophy or principle is neither here nor there, it is part of the process. However, as a team, we are all supposed to be on the same side, and even if you have a personality conflict, you keep your mouth shut." Goettan stat»»d that she agreed with Callahan and commended him for his efforts to bring this issue to a head. She said, "I do not mind someone calling me up or oolitely talking to me on the side if they disagree with m™. However, I do not like to be pointed at or judged in public. I do not believe that it is the Planning Commission’s role to do that to anyone. We need to have the support from our appointed bodies. I am very happy to support Councilraember Callahan’s motion." Jabbour asked Barrett what procedure must be undertaken in order for Council to pass an Ordinance amendment. Brrrett stated that this issue involves t'ue term of tha Planning Commission members, and is not governed by the Statute, but is a mattar of Government Ordinance. He stated that only zoning changes require a Public Hearing before the Planning Commission. He said, "Council is free this evening to propose and adopt, effective immediately, an Ordinance which would govern this issue." Jabbour stated that, in his opinion, the problems that have arisen are not out of a lack of care, but over-caring. He said, "I think everyone is working very hard. I am particularly appreciative of the last Planning Commission meeting pertaining to the Highway 1.2 issue. However, I concur wholeheartedly with Councilmember Callahan.” All voted aye. Motion passed. < ill) PLAmUNG COMHISSION APPOINTMENTS Mayor Peterson thanked all of t.he applicants who expressed interest in this appointment and went through the process. S.";e said, "I would like to extend my personal thanks for the time and effort that these gentlemen put forth in preparing for these interviews." It was moved by Jabbour, seconded by Mayor Peterson, to appoint Edward Cohen to serve a ono-year term as a Planning Commission member. A.ll voted aye. Metion passed. - 16 - i r iii -- ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (fll)PLANNING COMMISSION APPOINTMENTS CONTINUED It was moved by Goetten, seconded by Mayor Peterson, to appoint Charles Schroeder to th': Pianninq Commission for a term of one year. All voted aye. Motion passed. Planning Commission member Cohen asked for clarification of the basis for Callahan's motion. Callahan, Jabbour, and Goetten reiterated their points made during this discussion and motion to amend the length of the term for Planning Commission members. Mcyor Peterson stated that she wanted to make it very clear that the Council was not being critical of the Planning Commission's work. Jerry Rowlette, Bayside Road, stated that he was stunned to hear what the Council had just passed, and d d not feel that sufficient basis for such a decision was discussed. Curt Quady stated that he agreed with Council's action. (112)JOINT COONCIL/PLANNING COMMISSION MEETING Council agreed t‘> schedule a Joint Council/Pl<inning Commission Meeting for Tuesday, May 21, 1991, at 7:00 p.m. (#13*)PROCLAMATION WESTONKA SENIOR CENTER WEEK RBSOLOTION #2958 It was moved by Butler, seconded by Mayor Paterson, to adopt Resolution #2958, proclaiming Westonka Senior Center Week May 6th through May lOti. In addition. 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. All voted aye. Motion passed. OTHER Councilmember Goetten referred to a letter that had appeared in the latest issue of "Cities Bulletin", asking that cities support the Brady Bill. She said, "I have discussed this with Mark Bernhardson and he had some suggestions, if Council would like to approve this letter. Even though we are not members of the National League of Cities, we are members of ths League of Minnesota Cities. If we do ^hose to approve this, that it should go to our Congressional Representatives and Senators. I hope you will support this." It was moved by Butler, seconded by Goetten, that Council adopt Councilmember Goetten's suggestion, using the City's official letterhead and signature of the M.iyor announcing to the National League of Cities that the Orono City Council wishes to be included among the elected mayors, city counciImembers, and county officials acro.ss t.he country who endorse the letter to Congress jointly sponsored by NLC, USCM, and NACO urging Congress - 17 - ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 MAYOR/COUNIL REPORT-OTHER CONTINUED to pdss tho Brady bill. All voted aye. M.tion passed. Goetten asked fo' a progress report regarding the pi. jues for the City's former elected officials. Mayor Peterson statad that she is in the process of sending letters to Mi. Grabek and M: . Ncittles, ar.king them t ■> come forward and be recognized by the City. CITY ADMINISTRATOR'S REPORT: (#14*)JOINT USE DOCK LICENSE 3995 NORTH SHORE DRIVE RESOLUTION #2959 ^ At the request of Mayor Paterson. Council agreed to add this item to the Consent Agenda. It was moved by Butler, seconded by Mayor Paterson, to approve a 1991 Joxnt Use Dock License for Sandy Beach Shores, gujjj0Ct to the condition that dijring the current license period, the City reserves the right to require a reduction in the number of licensed slips commensurate with any reductions of habitable dwelling units which may occur during tiie license year. All voted aye. Motion passed. (#15)STUBBS BAY SENER Bernhardson reported that v/ith respect tn the situation involving the Ziesmers, Michael Gaffron has prepared information the use of modified trench system an an iiterim solution. The estimated cost of this system would be $2,030, and would be leas expensive than pumping over a 1*} to 2 year peric.u of time. Bernhardson stated that the second issue involved with this project is the formation of a citizens committee an suggested by Councilmember Callahan. He added that Miko Gaffron had met with Dave Peterson, who had discussed this issue with so.me of the Stubbs Bay residents. He said, "Mr. Peterson has indicated that people are interested in the project but it is Qhviously an issue of cost. John Burger is also interested in S00ing the project proceed and has expressed his willingness to serve and the citizens committee. Staff is recommending that we proceed with the formation of the citizens committee, and we will bring back the membership at the May 13, 1991, meeting. From the information outlined at the April 8, 1991, meeting a draft charge will be prepared indicating what recorronendations Council would lihe to receive from the citizens committee. Staff would also recommend that the citizens committee be given a four to six week time period in which to make their recommendation." He asked Gaffron to elaborate on the issue involving the Ziesmers. Gaffron showed a sketch of the modified trench system he is proposing as an alternative for the Ziesmers until a - 18 - t I ORONO Cl CL MEETING HELD APRIL 22. 1991 (15) STUBBS BAY SEWER C '• JNUED determination is m-iidt rrjgardinc tiie s?;wer project. He saidr “This shou.'.d provide soie relief to the Ziesmers. It nay take all of their waste load, it may take the line's share of it. I do not think, on a short-term basis, that this will pose any pollution hazard. It is similar to systems on either side of this property which seem to be working well. Goetten agreed that she would like to see a temporary solution made available to the Ziesmers until a decision is made. Jabbour asked if Council action is necessary to approve the modified trench system for the Ziesmers. Gaffron explained, "There is a septic code Variance involved because it does not strictly meet the code standards." It was moved by Callahan, seconded by Mayor Peterson, to conceptually approve* the idea presented by Michael Gaffron, and direct Staff f> prepare the necessary resolutions or documents 3etting forth the specific conditions of approval, and making it clear that this is only a temporary solution. All voted aye. Motion passed. With regard to the establishment of a citizens committee, Jabbour stated that he had an opportunity to talk with Sherokee Zlse about chairing the committee and she declined the offer. Mayor Peterson asked Dave Peterson to elaborate meeting with some of the Stubbs Bay area residents. his Davs Petersvon said, "V/e d d have a meeting, but I also individually contacted some of the residents tnat had not completed the survsy sent out by the City. Generally speaking, everyone that I contacted all agreed that the project is needed, and desired to have sewer, but did not know how to pay for it. Most stated that they did not want to commit to anything until they had all of the facts and options." Jabbour stated that ii his opinion, the question i.> not whether there will be a project, as much as it is there will be a project, but how much will it cost. Goetten agreed that it may be more residents talking with residents rather officials talking with neighbors. effective to have than having City Marie Zlesmer anked what it citizens committee to accomplish. 'ouncil would like the Dave P" ter son stated that the n^sidents with whom hec had spoken had w .nted to see alternate methods of financing - 19 - h '.- ■J r ■i r ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (II5)STUBBS BAY SEWER CONTINUED presented. He said, "I would ii.<e to see toe committee put together some option that wou ,d constitute a general consensus and then present that package to the residents, aid see i: we can’t meet half way." Callahan stated that f-'e cost an important fictor, but before that is determined, it ,\s necessary to determine what areas will be included in the pro3ect. Jerry Rcwlet-he asktid l£ the Sta-.e his establ ishfd any specific time frame by which lakeshore properties m.st b- sewered. Goetten stated that the ^ity’s Comprehensive Plan cites Stubbs Bay as the last lakeshore area to be sewered, but does not set forth a time frame. Lee Barren, 175 Landmark Drive, stated that he supports the sewer project and believes that sewer should be installed, but the City should e.namine what properties are to be included and which are to be excluded. He sa.d, "I was in the same position as the Ziesroers, except that I decided in March, l')89, to have a mound system put in, because I wa.*? told thar I d .d not have any alternative. I am within the area iet forth in the Comprehensive Plan as needing sewer, but my property does not need sewer. I am aaying that sewer is a good idea, but those of U3 with two-plus acre lots aid new existing mound systems need alternatives and some flexibility." Jabbour suggested that those people that have already been actively involved with this project would make ideal members for the citizens committee. John Bjrger asked for the opportunity to comment. H?* said, "In the Stat* Legislature, where I spent considerable time in recent years, there is an anti-Lake Minnetonka attitude. I am afraid that if we do not exercise our judgment and do the things that need to be done, that someone else will be telling us what to do. The attitude is that nothing .i.s too expensive for people that live on Lake Minnetonka, or too unfair, as long as Lake Minnetonka people pay for it. I cannot document this, but I can tell you ^’lat there will be actions taken, because Lake Minnetonka becoming a more State-wide resource. If we who live out here want to have anything to say about it all, we had better start talking. I urge the Council and Staff to do whatever is necessary to gat this sewer project done. Wo all know that it needs to be done, and that things are not going to get any less expensive. I am willing to holp and will d«> anything that I can. Mayor Peterson suggested having Dsve Peterson and John - 20 - A li-If h I 1 ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (|15)STUBBS BAY SEWER CONTINUED gyrggr S6JTVS 3;- co“Chairs of t.^16 c>cizeri5 ccmnitt3C2. 3'.jrgsr stated that he preferred ::o have Dav*.- Peterson as chairr.an. Mayor P»aterson suggested tliat Mi. Barger could serve 3 5 Vice- Chair. She asked Candace Rowlette, the Zies.ters, John Thiesse and Lee H?rren if they would also serve. S'e asked Geffron what he wou d consid-;r ».o b5 a reasonab’e tine period for the committee to form a recommendation. Gaffron indicattid that six weeks to two months shou d sufficient. It was the consensus of Council that the committae should review background information, provided by Staff, and work with the residents to get their input regarding the extent of the area and their opinions for financing. Mayor Peterson asked Gaffron if ha would prepare an information packet for t le committee members. Council agreed that the committee shou d provide Council with their findings by auly 1, 1991. («16)CITY FACILITIES Dernhardson presented Council with updated information that had been given to the facilities committee, including the project schedules, two of which involve a referendum. Ha also provided Council with additional information related to potential lease purchase. It was moved by Mayor Paterson, seconded by Goetten, to accept the information presented by Staff and table this matter until receipt of recommendations from the Facility Committee and Planning Commission at Council's May 13, 1991, Council meeting. All voted aye. Mttion passed. («17)LNCD COMPREHENSIVE PLAN Bernhardson provided Council wvth a summary of the minutes prepared from the Mound LMCD meeting held April :.8th. He also presented a draft of principles that may be used to indicate what the 14 LMCD communities feel the basis of the LMCD’s comprehensive plan should b?. He asked Council for t.ieir comments on that draft, stating that revisions could be made before the document is distributed to the other communities of the LMCD. Bernhardson added that Staff has been progressing on the shoreland regulations. He said, "The Metropolitan Council has re-drafted the original LMCD shoreland agreement that takes the LMCD out a.s the overseeing agency and puts the DMR in with the LMCD as being the grant recipient and participant in that process. There are some issues that need clarifying with respect to what effects that change may have, at»d what rights the City may have following the L.mcD's shoreland regulations, versus their rights if they part from that and proceed separately. I hope to have that clarification within the nt*xt few days. Mike in continuing to work on the shoreland regulations. If there is any - 21 - r K* i i' k’'. ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (|17)LMCD COMPREHENSIVE PLAN CONTINUED change at t’lis time ar. to how wo proceed or. the s.iorelan^ regulations, we can either proceed jointly with ■: .e LMCD, or with DNR in this umbrella organization, we can try to get a separate grant, or just proceed separately and not obtain a grant." Jabbour stated that he had meeting. He indicat*td that .le JoEllen Hurr put forth on Orono's in his opinion, Orono is quite a lakeshore communities, and that it to wait for those communities to a‘.tended the April ITt i LMCD w.as pleased with the efforts behalf. He also stated that, few steps ahead of some other would be detrimental for Orono catch up. He said, ’I also that Orono is going t.** have to d«ial w. th tne DMR in respect to t.he remaining cities. The City will have to expend an enormous aiiount of money and effort out of o‘ir budget, in light )f the new Technical Advisory Committee, so they can sit down and gat all the cities up to speed." Callahan commented that the discussion ihat is taking place among the 14 cities regarding the shoreland regulations is a pure waste of everyone’s time. He said, "However, the other cities do not seem to realize that. T;»ey might as well stop talking about the LMCD and start talking to the DNR. When they get around to that, they tan make all their objections to the DHR. I have 3^i*^ovis reservations about joining the Technical Committee, though we do not need tn decide that a?: this moment. I also agr«e that we ought to get our view of the shorelaiid regulations decided upon and proceed. I believe that CounciImember Jabbour agrees with that." Jabbour did agree and said, "We would end up having a sample Ordinance, showing what we think should be done." t:allahan said, "The DNR i=» hoping that the Technical Committee will be formed and will have veto power c .er what the other cities are doing. However, that hts nnt y.vt b=en determined. In other words, if Spring Park did not an-ae with something we were doing in our shoreland management, ..len tuey would have veto power over that, and so on around the lake. It is difficult for ro«? to think of the time wasted by getting involved in a struggle with any other lakeshore community over their ordinances. I nave severe reservations about the plan that they are adopting, let alone the legal consequences of the plan, which they think it has." Callahan suggested that the draft of principles be finalized (correcting spelling errors, as noted by Councilmembe.r Goetten), and then sant tn the 14 cities with a letter stating that it represents Orono*s ideas. - 22 - ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 f" r ? ■b <" i ft r •If r. h LAKE MINNETONKA-OTHER Jabbour showed pictures ho had t^ken of S:yrofoam d«»bris floatiag ir*. Lake Minnetonka. Jabbo ir said. 'I tonk these pictures after receiving a oaii from a concerned citizen. I advised this person to also call the LMCD and report the debris. We found out that there is a loophole and that none of the agencies want to do anything about this continuing problem. Finally this person called the PJA. The PJA iiidicated that they were aware of this problem and they had contact«‘d the LiMCD. The LMCD told the PJA that the Styrofoam debris was Isft from ire houses. Which is incorrect in this case. This man was furious at the r in around h? w:.s getting. I called the Li>^CD and suggested that they attempt to do something about this problem. Two hours later I received a call from the Minnetonka Boat Works asking me why I was doing this, and stati>ig that neither the LMCO» nor the DNR has any jurisdiction to do anything about the Styrofoam. I was told that the LMCD and D-lR have nothing in their cod-^ prohibiting Styrofoam docks. I nave a very hard time understanding how people are not allowed to thro./ a cigarette butt out the window of their car, but can litter L>ke Minnetonka. I would like to know who decided thar Lake Minnetonka is to be a sanitary landfill. I did send photographs of the debris to the LMCD." Jabbour stated that algae grows on the Styrofoam portions of these docks and the ducks chew it off. He suggested that it may be necessary for the City to pass some ordinance to regulate this type of dock. Costten stated that this re-instituting a Marina Committee. another r••■^ason f ?r Jabbour stated that JoEllen Hurr h?.d indicated her frustration with the fact that several marinas have not yet applied for their licenses for this year. Goetten stated that she is also concerned about the use of chemical fertilizers around the l<ike, and would like the City Council to address that issue. Candace Rowlette advised that there are now lawn fertilizing companies that are using natural and organic materials. Goetten to educate t chemicals and own. ved that it may only be necessary for the City <^idents on the hazard of using non-organic residents would seek alternatives o*. their (#18)CITY COMMUNICATIONS It was moved by Jabbour, table this item. All voted aye. seconded by Mayor Motion passed. Peterson, to - 23 - f- r- r ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (#19)POLICE CHIEF SELECTION PROCESS It was nioved bv- Mayor Paterson, seconded by Goetten, to appoint Satiie and Associates with a contract to be negotiated including a timetable and t »at tnis b- reviewed by Council informally, aid if acceptable, this person will he directed A ^ ^ H 4 ai^ ^4undertake the process. All vot?d aye. Mition passed. (#20)POLICE PERSONNEL EMPLOYMENT Bernhardson said, "With the resignation of Mark Moran, y/e have a vacancy within the Police Departme it aid wou d like Council's permission to solicit applications ^ [>atrol Qfficer. We are expecting that temporary, full-time Officer Roberts may be leaving for another position, and until Oificer Dembouski returns from the Army Reserves, we will still be short an officer. We would like to hire a patrol officer and delay appointment of a Lieutenant position until the new police v,hief is on board." Jabbour asked why the City could not offer the p-trol officer position to the temporary officer, adding that if he is good enough for part-time work, he should also be qualified for full-time employment. Bernhardson explained that f ill-time officers a^e hired throuch the Minnesota Police Recruiting System jO order to protect the City and avoid a discriminatory hiring process. He said, "The Minnesota Police Recruiting System includes specific for the officers, and we would like to cvontinue using th3.s method for hiring. Tf we were to put aside this process of hiring, we would see no . -)blem w-.th employing officer Karnitz full-time. VJe have no problems with Officer Karnitz. If is the top officer when we race ♦=* the names from the Recruiting System, we would probably hire im." Jabbour asked Bernhardson to make sure that Officer Karnitz understands the City's position. Goetten suggested that it may be appropriate to ask Officer Dembouski, upon his return from Operation Desert Storm, to attend a Council meeting to b? recognized fcr his military contributions. It was moved by Callahan, seconded by Jabbour, to authorize Staff to employ an additional patrol officer to fill the total vacancy in the force created by the resignation of Lt. Moran and 4afsr decisions regarding appointment of a Lieutenant pending the new chief's decision on how to proceed. All voted aye. Motion passed. (§21)PUBLIC SAFETY SERVICE DISCUSSIONS Council accepted the information presented by Bernhardson regarding potential discussions with the City of Long L=»ke - 24 - r< t ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (#21)PUBLIC SAFETY SERVICE DISCUSSIONS CON'ilNUED pertaining to Police and Fire services. Jooncii took action. 10 formal («22*)1991 SEWER AND WATER RATE STUDY At the request of Mayor Peterson. Council agreed r.o add this item to the Consent Agenda. It was moved by Butler, seconded by Mayor P.terson, to table further considerativon of water aiid sewer rates until Council’s May Id, 1991 meeting. All voted aye. Motion passed. (#23)STRATEGIC PLAMMING Mayor Peterson asked if the Planning Commission had reviewed the 1991 Strategic Plan. Mabusth advised that Planning Commission m*:^mbers had reviewed the 1991 Strategi- Plfvn and had nothing further to offer, other than the recommendation to proceed with the P..an as shown. It was moved by Jabbour, seconded by Mayor Peterson, to adopt the 1991 Strategic Planning document to serve as a guide for Council and Staff during the balance of l')91. All voted aye. Motion passed. (#23A*)1991 SOLID WASTE AGREENENT-HENNEPIN COUNTY At Mayor Peterson's request, Council agreed to add this item to the Consent Agenda. It was moved by Butler, seconded by Mayor P'iterson, to approve the attached Solid ^^ast'i• Agreement wit' Hennepin County for 1991, All voted aye. Motion passed. (•24*)WB1GHT RESTRICTIONS REMOVAL 1991 It was moved by Butler, seconded by Mayor Paterson, to author i,:e the Public Works Department to remove weight restrictions on City streets effective May 1, 1991. All voted aye. Motion passed. <«25*)COMIIiniITY SERVICE OFFICER APPOINTMENT It was moved by Butler, second«*d by Mayor. Peterson, to appoint David Nelson an the primary part-time ragular cso effective April 15, 1991 at a wage rate adjustment from $5,304 per hour to $6,249 per hour; and that FICA and PERA contributions be withheld effective April 15, 1991. All voted aye. Motion padaed. <«26*)LBTTBR OF APPRECIATION-LT. MORAN It was moved by Butler, seconded by Mayor Peterson, to approve the letter being given to Lt. Mark M.aran expressing the City's appreciation for his work with the Orono Police - 25 - ‘I*: ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (#26*)LETTER OF APPRECIATION CONTINUED Department. All voted aye. Motion passed. (#27*)MUNICIPAL BOARD PROCESS It was moved by Butler, seconded by accept the information presented regarding process. A.M voted aye. Motion passed. Mayor Peterson, to the Municipal Board (#28*)BIGHNAY 12/CITY POSITION It was moved by Butler, seconded by Mayor Peterson, to accept the information presented by Mark Bernhardson regarding the Highway 12 Corridor Study process and the City's position. All voted aye. Motion passed. (#29*)STEP AOJOSTMEMT-LIN VEE It was moved by Butler, seconded by Mayor Peterson, that, in light of Linda Vee's successfu completion )f her one year probation period, her salary be adjusted from Level 4, Step I. to Level 4, Step II, effective April 23, 1991. All voted aye. Motion passed. (#30*)8TBP AJDUSTMEIIT-GREG PALMER It was moved by Butler, seconded by Mayor Peterson, that, in light of Greg Palmer's successful completion on his first year probationary period, his salary be adjusted to Step 2. of Level 5, effective M,=iy 20, 1991. All voted aye. Motion passed. (#31*)STEP ADJUSTMENT-WAYNE QUAST It was moved by Butler, seconded by Mayor Peterson, to recognize that Wayne Quast has completed his probationary period, and to adjust his salary to Step 4 .>f Level 8 effective Hay 27, 1991. All voted aye. Motion passed. (#32*)TEMPORARY BMPLOTMBNT>PARKS It was moved by Butler, seconded by Mayor Peterson, to employ Erik Bovnnan * and Mark MrGlinsky as Temporary Parks Maintenance Halpers, at a rate of S^.OO p?r hour, and $5.00 pi»r hour, respectively, effective April 23, 1991. All voted aye. Motion passed. (#33*)TEMPORARY EMPLOYMENT-GOLF COURSE It was moved by Butler, seconded by Mayor Peterson, to employ Robert McWhite as a Te.mporary Groundskeeper Helper for the 1991 season at a rate of $5.00 per hour, effective April 23, 1991. All voted aye. Motion passed. - 26 - «.v vi' ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (#34)DOG REGULATION AND LICENSING .... .... it,-, .e removed from the Consent Agenda for d.scussion. Sj-.e asked whose responsibility it is to p-iy f or rabies sho :s aaminister.Ki by Reo-Raj Kennels to stray dogs that are packed u? ana brought in to the facility. Bernhardson replied, "The ov/ner of the dog mist p-.y the rabies fee before their dog will be released. If the owner aoes not pick up their dog, the City must bear that cost." Mayor Peterson asked wh-*t the City is doing i:o advise residents of the hours during which they may pick up dogs from the Reo-Raj Kennels. Bernhardson believed that information had been provided when license applications were mailed out the first of the year, u stated that he would confirm that. Jabbour noted that there may be a discrepancy on the license application ralative to the time limit for which Orono requires that a dog be licensed, and the age at which a dog may receive a rabies shot, which is required in order to license the dog. Bernhardson and Mabusth indicated they wou .d look into Councilmember Jabbour*s concern further. It was moved by Butler, seconded by Mayo: Peterson, to adopt Ordinance #33, Second Series, amending Ordinance #50, series and direct Staff to revise t.he license application. All voted aye. Motion passed. (#35*)ADMINISTRATOR'S INFORMATION It was moved by Butler, seconded by M.iyor Peterson, to accept the City Administrator•:? Information regarding; Planning Cooimission Ordinance Reviews, Spring Hill Reduction, Regulations of Clubs, Oevelopment/Medina, Dunwoody/Shoreline Drive, DARE Program Letter, Administrator • s Goal Sotting Sr.atus, February Receipts and Disbursements and Wire Transfers. All voted aye. Motion passed. CITY ATTORNEY'S REPORT: None. (#36*)LICENSES It was moved by Butler, seconded approve the following license(s): bv M.iyor Peterson Solicitor's:Christine M. Herlofsky Sell Live Flowers, plants & cut flowers 2120 Wesu Wayzata Boulevard - 27 - !?!- ■ 1 ORONO CITY COUNCIL MEETING HELD APRIL 22, 1991 (#36*)LICENSES CONTINUED Home Occupation; Dale Pieilsticker 1830 Lakeview Terrace Garbage a Refuse:R a w Roll-Off Services 5525 County Road 50 Carver, MN 55315 All voted aye. Motion passed. (|37*)BILLS it was moved by approve payment of the passed. Bjtler, seconded by Mayor Peterson, to All Funds Account. All voted aye. Motion ■XBCOTIVB SESSIONCity Attorney Barrett requested that Council ad]ourn to an Executive Session at 10:12 p.m., for the purpose of discussing pending litigation. It was moved by Butler, seconded by Jabbour, to adjourn the Regular Council Meeting at 10:25 p.m. All voted aye. Motion passed. Barbara A. Peterson, Mayor ATTEST: Dorothy M. Hallin, City Clerk - 28 - ( y- ki 1991 BOARD OF RBVIBW > APRIL 30, 1991 ^ouNcn n---^ The 1991 Board of Review ir.et on Tuesday# A| ril 30# 1991. Ma^or Peterson called the meeting to order at P^iQQm CounciImembers Goetten, Callahan# Jabbour and wer^^J^i present. Representing the City were Mark BernhaiWmf A|C|||y. Administrator#* Rolf Erickson# City Assessor; Dave Wilde ana PMflUf|||| Kingsbury Assistant City Assessors; and Teri Naab# Recorder. Don Monk represented Hennepin County Assessor's staff. Mayor Peterson introduced Newell weed# Chairman of the Lake Minnetonka Area Tax Committee. He is also on the Fair Share Board of Directors, Mr. Weed gave a brief presentation on the Lake Minnetonka Area Tax Committee and what they have been diligently working on. Basically# they would like to see changes in the three tier system that Minnesota currently uses. He notes that the reason for property taxes is to pay for services and those services are provided equally to those in homes valued at a lower rate# the same as those valued at a higher rate. Therefore# the percentage must be equalized so all are paying the same rate for the same services. Also# they are working on a bill which would alleviate the excessive rate being charged to seniors or those on fixed# low incomes. City Administrator Bernhardson explained the job of the assessors was to best reflect the value they put on a property for market value in relationship to what that property would actually sell for. He further noted that as Mr. weed had explained the valuation is only one part of the system and another portion of the tax system is the classification system which assesses 1 to 3% on the property# depending upon the value of the property. Another feature which comes under the heading of the "Minnesota Miracle" from the early 1970s# is the school aids/local government aids formula which redistributes money throughout the State taking money from incoming sales tax and "subsidising low value areas" at the detriment of local communities. The seven county area has about 50% of the population# 64-65% of the taxes in incoming sales are generated in the metro area. The metro area receives only about 46% of those taxes back. The perception from the out-state people is that this is an urban area and all the money is coming into the metro area# when in fact# through the State system just the oposite is taking place. The Minnesota Miracle has three fallaciest property value reflects the ability to pay; need for service is the same throughout the State; and the cost of producing those services is the same throughout the State. Bernhardson thanked Mr. Weed for mentioning that the City of Orono's portion of the tax bill makes up only a small part of the tax bill# this year 12% and the City Council works hard to keep it the lowest tax capacity of any city in Hennepin County over 1#000 in population. Mr. Bernhardson also explained the "Circuit Breaker ” whereby persons may apply for a refund on their taxes if they raised over 10% last year. r I ■ *<'■' 1' .V H. I Mayor Peterson called the following persons before the Board in the order of their arrival. It'. 1. kj • ‘ 2. 3. 4. 5. 6. 7. Appearing before the Board were: Art Branbillar 3838 Cherry Avenue - PID #08-117-23 33 0003. Mr. Brambilla noted that his taxes had been reduced by $350.00 but his valuation does not reflect a reduction and should therefore be amended. Mr. Erickson will look into the matter. John Burchf Big Island - 23-117-23 32 0058. He represented his mother# Jennette Burch. The 1989 valuation was $40#000» 1991 valuation is $51,600. This is a summer cabin with a vertical drop to the lake. The lot would need variances to rebuild should the cabin be destroyed. Mr. Erickson will be in contact. Newell Weed# 1385 Orono Lane - 02-117-23 34 0003. The valuation has increased in the last two years by 38%? the taxes by over 40%. According to realtors# the value has decreased by about 20%. Since owning the house# he has paid over 2*j times the original cost of the property. He would like to have it re-evaluated. Mr. Erickson will be in contact. Neil Bashore# 2565 Woodhaven Drive - 33-118-23 41 0008. The valuation for 1989 was 133#000; 1990 valuation was 142#000; and 1991 is 164#400 - a 15% increase over the last two years and an increase taxes of 33%. He also noted that the land value alone had gone up $7# 100# and ma.:y of his neighbors in the addition had not received the same increase. Nr. Erickson will be in contact. Robin Crawford# 1540 Long Lake Boulevard - 26-118-23 33 0007. The 1991 valuation is $87#600. An appraisal was done on January 4# 1991 which reflected a valuation of $80#000. Mr. Erickson will be in contact. Melvin Peterson# 475 Oxford Road - 05-117-23 41 0010. The 1989 valuation was $477#500; 1990 was $603#600; and 1991 is $601#000. He feels a valuation of $477#500 is fair. The taxes from 1990 to 1991 have increased 42%. Mr. Erickson will be in contact. Mike Schulte# 4640 West Branch Road - 06-117-23 33 0008. He noted that he bought the house in 1987 for $87#000# and with a three percent increase his valuation should be $107#500# not $115#300 as his 1991 valuation reflects. He will be contacted by Mr. Erickson. 8. Alan Carlson, 3125 Fox Street - 04-117-23 33 0011. The valuation for 1991 is $870,900? an increase of $160,000 from last year. There was amendment in last years valuation because additional land was added into the value and he fears that is what happened this year. Mr. Erickson will check into this and submit a recommendation. Alan Carlson, Watertown Road - 33-118-23 32 0001. The 1991 valuation is $404,200 of which $182,20r olaced on the building which has been removed from the r -ct*erty. Mr. Erickson will check into this. 9. James Lorence, 4460 North Shore Drive - 07-117-23 31 0039. The valuation for 1991 is $224,300? 1989 was $214,000. In four years the value has increased by $66,000 and according to the real estate market, it has actually decreased in value. Mr. Erickson will be in contact. 10. Matthew Nicoll, 2943 Farview Lane - 04-117-23 34 0008. The 1989 valuation was $278,500? 1990 was $311,000? and 1991 is $309,000. He feels the valuation should be about $260,000, which is what an appraisal done last fall reflected, and there is a house on the same street which sold two years ago for about $250,000. Mr. Erickson will be in contact. 11. Ron Sheldon, 3225 Bayside Road - 05-117-23 41 0017. The 1989 valuation was $268,500 1991 valuation is $353,500 which is almost a $90,000 increase which is an extraordinary amount. Mr. Erickson will be in contact. 12. Ward Edwards, 2474 Carman Road - 20-117-23 12 0027. The 1991 valuation was $295,500. The house was newly constructed and finished in June of 1990. The actual cost of building was $147,411, plus an additional $39,938 for poor soil conditiona which needed to be corrected, and the 1990 value for the land was $84,000. The r.'^rtgage appraisal for the new home was $260,000. Mr. Erickson will be in contact. 13. rtewart Perry, 2975 Casco Point Road - 20-117-23 31 0045. The valuation for 1990 was $292,000? 1989 was $260,000. Mr. Smith, the previous assessor, had indicated that there would be no increase at that time in taxes as the mill rate would be reduced. There was a 20% increase. Mr. Erickson will be in contact. 14. Lou Smerling, 2683 Casco Point Road - 20-117-23 23 0001. There has been almost a 20% increase in taxes. It is a summer cottage which has no heat or insulation. It is currently valued at $121,000 and to sell for that price to soaMone knowing they must then spend m^ney to tear down the existing buildings will be difficult. The cabin is built on the top of a very steep cliff. Mr. Erickson will set up an appointment to meet on the site to review the valuation. t' 15. 16. 17. 18. 19. Dennis Landin, 1375 vine Place - 07-117-23 42 0007 and 08. In March 1988 an appraisal was done which indicated a value of $155,000. The 1991 valuation is $190,000. Mr. Erickson will be in contact. Christopher Tully, 1355 North Arm Drive - 07-117-23 41 0067, 0068 and 0073. He is purchasing the lot May 1st for $74,000. The 1991 valuation is $88,000. The house is in need of a lot of repair and he feels that the purchase price is fair. Mr, Erickson will set up an appointment. Jim Rivers of Windward Marine, 1444 Shoreline Drive - 11- 117-23 22 0004, 0005,0006, 0007 and 0010. Th0 valuation for 1991 is $620f000. The buildings on the pj^operty are all new or in good shape. It is commercial property which can only be used as a marina. Because of current low lake levels and milfoil, the marina business in the past years had deteriorated to a low level. The valuation or taxes should be based on income earned from the property which would make it more reasonable. Mr. Rivers has had a recent appraisal which reflects a much lower valuation than an appraisal done by Hennepin County for the purpose of tax court. Mr. Rivers noted that h*s occupancy rata currently is 33* or less, with reduced rates. Mr. Erickson suggested that the Council compare both appraisals and review a recommendation by him to base their decision on. is $191,500. There is a house on Bollum Lane in Long Lake, built about the same company, at the same time which is valued at $169,000 which he feels is fair. Mr. Erickson explained that valuation is based on compatible sales in the area. Mr. Erickson will be in contact. R.P. Potas, 2190 Shadywood Road - 17-117-23 42 0007. The valuation for 1991 is $274,900? the building is valued at $131,000 and land at $143,900. In 1988 the land value increased by 11%, 1989 by 21.4% and 1990 by 35%, and meanwhile the lake level is dropping to an all-time low and the lake is unusable at times because of milfoil. Mr. Erickson will be in contact. The following property owners were unable to attend the Board of Review meeting and submitted letters to the Boar Members: H.D. Berman, 3650 Casco Avenue - 20-117-23 31 0043 F It was moved by Mayor Petersonr seconded by CounciImember Jabbour^ to close the 1991 Board of Review at 10*20 p*m« and reconvene on Monday^ May 13» 1991 at 6:00 p.m. Ayes _ _r nays ATTEST:Barbara A. Peterson* Mayor Dorothy M. Ballin* City Clerk Td:Mayor Peterson & Orono Council Members City Administrator Bernhardson rrami Date: Michael P. Gaffron^ Asst Planning & Zoning Admini^t^rttor May 1, 1991 *(Ay , Cffy Subject: #1626 Tim and Beth Traff, 2683 North Shore Variance - Resolution ™ Zoning District - LR-IA, Single family lakeshore residential# 2 acre# sewered Application ~ Request for lot area# lot width and east side setback variance (5.5'). List of Bshibits Exhibit A - Resolution Exhibit B - Notice of Council Action of 4/24/91 Exhibit C - Letter of 4/22/91 & Exhibits Submitted by Neighbor Mitchell Exhibit D - Memo 6 Exhibits of 4/17/91 Discussion - At your April 22# 1991 meeting# Council voted 5-0 to grant conceptual approval of the lot area# lot width and 5.5* side setback variance for this property# and directed staff to draft an approval resolution. That resolution is attached as Exhibit A. The neighboring property owners# Jim and Pat Mitchell# were represented by Attorney Robert Mitchell at the April 22nd meeting. He submitted a letter requesting specific conditions for approval# mainly related to landscaping and tree placement. After discussion# Council determined that no specific landscaping conditions would be placed on the approval# however# Mr. Traff indicated that he fully intended to do some landscaping and tree planting which may alleviate a number of the Mitchells' concerns. Included in the resolution as a condition of approval is submittal of a survey including the exact location of neighboring adjacent residences# for verification of the average setback line as defined by the mid-point extension of the Mitchell residence as agreed to by the applicant. The resolution further stipulates that the patio area for the Traff residence shall not extend above the first floor elevation of the house# and cannot be walled or enclosed in any manner unless a future average lakeshore setback variance is granted. Further# the resolution indicates the requirement for a site grading plan as part of the building permit review process. While such a plan is normally required# such a stipulation is included because the north end of this property has in the past had some drainage problems which should be easily alleviated by proper site grading. f' I K. if'to- It 'K 2onin9 File •162^' May 1, 1991 Page 2 of 2 V^lnally* the resolution reiterates that no hardcover variance Is being granted with this approval. 8ta^ Keca lation - Staff recoBonends approval per the attached resolution. ©r/V- * .1^.1 :'4- IV- ■tv. A SB80LI1TI0II GRANTING VAR1ANCB8 TO HDNICIPAL S0NIN6 CODS SECTION 10.23, SUBDIVISION € Plus #1626 (B) WHEREAS, Tim and Beth Traff (hereinafter "the applicants") are the owners of the property located at 2683 North Shore Drive within the City of Orono (hereinafter "City") and legally described as follows: Tract B, Registered Land Survey #1373, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of a residence on a lot of 118' width where 200* width is normally required, being 1.01 acre in area where a 2.0 acre lot area is normally required, and being located 24.5* from the east side lot line where a 30* side lot line setback is normally required. NOW, TBEREPORB, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1626. 2. The property is located in the LR-IA Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on March 18-20, 1991, and on a vote of 3-1, recommended approval of the lot width and lot area variances, and denial of the side setback variance, finding that: A) There is an existing house on the property. The roperty is 1.01 acre in area, and ranges from 118* to 40* in width. The house is believed to have been in its current location since 1920, prior to the effective date of current zoning regulations. S B) The property is served with municipal sewer. Page 1 of 5 r It C) When RLS #1372 was approved by the City in 1974, a variance for lot width at the lakeshore was granted by the City to the 140* lot width standard in effect at that tine. The property was zoned for 1 acre minimum lot area at that time and the subdivision met the lot area requirements. The lot width variance granted in 1974 was strictly to accommodate existing improvements associated with the residence at 2685 North Shore Drive from which Tract B was created, while placing the Traff residence, which was previously a guest/caretaker house for 2685 North Shore Drive, on a separate lot. D) The existing residence is located as near as 2.4* from the east side lot line. While this residence is px*oposed to be demolished and a new residence constructed 24.5* from the side lot line, it is technically feasible to construct a new residence without the need for a side setback variance. 4. The City Council reviewed the application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the .................... ................................................................................................ ■ ---------------- 'effect of the variances on the health, safety and welfare of the community on April 22, 1991 and voted 5-0 to grant conceptual approval of the lot width, lot area and 5.5' side setback variances, based on the following findings: A) The findings of the Planning Commission support Approval of the lot area and width variances as proposed . B) Although it is feasible to construct a new residence meeting all setback requirements, the shape building envelope and narrowing of the bulldina envelope near the shoreline present practical difficulties in constructing a residence which enjoys maximum advantage of the lakeshore views from the of the envelo property C) Further, the granting of a 5.5* side setback variance in conjunction with removal of the existing residence, increases the east side setback of the principal structure from 2.4* to 24.5', providing a general benefit to the neighborhood and providing increased conformity with City Codes. Page 2 of 5 1' I' k D) The applicants have indicated that they request no hardcover variance and will construct the new residence to meet Orono's hardcover regulations. E) The applicants have agreed to redefine the average lakeshore setback line by the points on adjacent neighboring houses indicated on the site plan attached as Exhibit A. This redefinition takes into account the angled nature of the Mitchell residence at 2685 North Shore Drive and moves the average lakeshore setback line landward, therefore providing additional protection of the Mitchells* lakeviews and more than meeting minimum City requirements. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or othei. 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 necessary 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. OOMCLD8IOH8, QRDBR AMD COMDITIOMS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.23, Subdivision 6 (B) to allow construction of a new residence on a lot 118* in width where 200* in width is nonsally required, being 1.01 acres in area where a 2.0 acre lot area is normally required, and allowing a 24.5* east side lot line setback where a 30* side setback is normally required, subject to the following conditions: 1. Prior to issuance of a building permit, applicants shall provide the following: A) Certificate of Survey verifying the iocatior, of the neighboring residences at 2655 and 2685 North ^h^>re Drive, and verifying that the proposed house location meets the redefined average lakeshore setback line indicated in Exhibit A. B) Site grading plan, indicating existing and proposed contours, to be reviewed by the City staff as part of the normal building permit review process. Page 3 of 5 i ir ; t' J- ii '"It i,’ lil- 2. Applicants are advised that any portions of the grade- Xevel patio proposed at the south end of the house which are intended in the future to be walled or enclosed» and which extend lakeward of the redefined lakeshore setback line will require an average lakeshore setback variance at such future time that those improvements may be proposed. 3. Hardcover on the property shall not exceed the hardcover allowances of Zoning Code Section 10.22, namely 0% maximum in the 0-75' zone, 25% in the 75-250 ’ zone, and 30% in the 250-500* zone. 4. 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 (May 13, 1992). 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. 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 title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 13th day of May, 1991. ►-r t i:i; ATTESTI Dorothy M. Ballin, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 4 of 5 f ■?-VI- I ; U b*'. f .•iir "tv ■'X Sr S'’’. r 3 ’•V ft. ’1 STATE OF MINNESOTA ) ) 8^. COUNTY OF HENNEPIN ) The foregoing ir.strument was acknowledged before me on this 13th day of May, 1»5»1, by Barbara A. Peterson & Dorothy M. Ballin, Mayor t City Clerk of the City of Orono, a Minnesota minicipal corporation and said instrument was executed on behalf of the City. NOTARY PUBLIC STATE OF MINNESOTA ) ) SB. COUNTY OF HENNEPIN ) On this <*ay of _ _ _ _ _ _ _ _ _ _ _» 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed tne foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) )S8. COUNTY OF HENNEPIN ) On this ________ day of _____________________, 199__, before me a Notary Public within and for said County, personally appeared kno%m to ■e to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC Page 5 of 5 ■!: !L. I'i f f'-'. >■' [• r I h P-tl-' C-S . ';■» i CZTT OP OKOHO P. O. Box 66 APPLICATION BO. 11626 55323 473-7357 NOTICE OP COUNCIL ACTION Date of Notic«=: April 24, 19^1 TOi Tin & Beth Traff 2663 North Shore Drive Wayzata, MN 55391 COPIES TO: TXPE OF APPLICATION: Variance Din OP MBBTING: 4/22/91 VOTE: 5 For 0 Against CIL ACTION - NOTION: Conceptual approval of lot area, lot width variances and an east side setback variance of 5.5'. Staff directed to draft an approval resolution for Council's May 13, 1991 meeting (meeting starts at 7:00 p.m.). If you desire certified copies of the official Council minutes, they sre available from the City Clerk after review and approval by the City Council. Isv |i I :r ^1Iil- Y‘ h''P I 4200 DS CcntepaO SojTu E iohtx Sn«rT LINDQUIST & VENNUM TajVMCMt: 012^4211 P m; 612-371-3207 >i0eiWBiwMOOmST. VcM<m> A O mt%rtmin 600 ITtm Sn«VT. Smu 2125 Dcnmh. CoLOMioo 6Q0CB-5401 ^ELCPMMt 303>S73-5900 tmthumum April :i 1991 Orono City Council Box 1 Crystal Bay, MN 55323 Rc: Tim Traff Variance Application Ladies and Gentlemen: We represent Jim and Pat Mitchell who live westerly of the Tratts. The Mitchells arc aware of the Traffs variance application and in general are aware of their building plans. After much work and discussion regarding the tw'o properties, the Mitchells’ position on the variance application is as follows: First, the Mitchells understand that the Traff application before the council on April 22, 1991 is for concept approval. The concept approval would include the council’s general OK to the lot size variance, the lot width variance and. we believe, the Traffs want a 5^ foot variance on the Lacev side with no variance on the Mitchell side. It would be the Mitchells' hope that the council atiO the Traffs would be agreeable to approving the Traffs concept with the following specific understandings: 1.That the Traffs would leave the five ash trees on their property adjacent to the Mitchells’ driveway-parking area: 2.To plant evergreens and ash trees on the Traff property according to the designated trees shown on the diagram attached: 3.That the Traff house will be located on a survey before any final appro* is given and that the location of the new house will be slightly to the landward side of where the house is now shown on the documents in Orono’s hands; and 4.The matter would come back for final approval based upon these and any other conditions which the council might impose. 'I* i v: •* J- #K UNDQUIST !l VENNUM Orono City Council April 22, 1991 Pngo 2 As you can see from the landscape plan, the Mitchells th....-seives plan to do significant planting arbor vitae on their side of the line which will I c . benefit both to them and to the Tnffs in providing a buffer between the two properi .s. Respectfully submitted. LINDQUIST & VENNUM \ RGMtbfi Enclosure -i'-a? xly ; ‘. #-0 !: > I wC ’rcsl'^ bn^Creste .y.< y^.. ..... , .......... Proiect Pricing Forniwi> . . • :.r ....« «.s •;. "M* • ' • • .• ............. • • 4k I Mi 4k ^k ^ #4Mb ^k'.'.'‘ ^ .nr-'^r „., , -^y- MitcMI R«sid«nc9- ^mm “““ ^***“' ^■r?S^!"?'''':""»• -.^. • • • .• ».,»•»• • p ::;\<..w rr-...:Umn^mtortpOon^m......■••■::, ^3-:..; . ... 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Gaffron, Asst Planning & Zoning Administrator Date: April 17, 1991 Subject: #1626 Tim and Beth Traff, 2683 North Shore Drive - Variance Soniag 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 & Exhibits of 3/8/91 Oiscnssion - 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 owners 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. Planning COBad.ssion ReccanMndation *- 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 shown 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. Zoning File #1626 April 17, 1991 Page 2 of 2 Staff Raf wnilation - 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. ?-• l: ' i i': i ft- ?'■r. k cm OP OKWOP. O. Bos 66 Crystal Bay, MM 473-7357 X0HIB6 PILB #1626 55323 NOTICE OP PLAMHING COMMISSION ACTION Date of Notice: March 21, 1991 TOt Tim 6 Beth Traff 2683 North Shor» Drive Wayzata, MN 55391 COPIES TO: TZPB OP APPLICATIOHs Variance DATS OP !TIM6: 3-18/20-91 VOTE: 3 For 1 Against Planalog Oaasd.ssion re<tads the following: Partial approval subject to conditions noted below. Motion 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 Monday, April 8, 1991; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission ■inutes, 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 I ii *■ . K-iff0 planning commission meeting held march 18,1991 (.#7) ZONING PILE # 1625-DON OLSON 4590 NORTH ARM DRIVE VARIANCE-PUBLIC HEARING Don Olson was present. Kelley opened the Public Hearing a Mabusth to make her opening comments. c 9:24 p.n., and asked • > hrie- review c: Mr. Olson's application,Mabusth proviaed a brie,, review «s se“forth in h« March 8, 1991, memc. Kalley aakad if any of «r. Olson’s neighbors -ere present. that r*p.?«“aily'har tpS'ef ro”irn«g^hborf ;nc^ in^=a«a they had no objections It was the consensus of Bellows, Kelley and Hanson, that they would recommend approval of this atplicat.o . The Public Hearing was continued. (#8)ZONINC PILE #1626-TIM » BETH TRAFF 2683 NORTH SHORE DRIVE variance-public hearing Tim Traffs and John Blumentritt. ytmTB pre'"3»t for this matter applicant's cont.ractor, The Public Hearing was opened by Keiley at 8:26 p.m Caffcon explained that '*ot **wid\*(f''anV lot area yard setback Variance, as hV said, -This is a Variances, to replace an Zoning District, and the lotone acre lot located in a two;»«e <,££ of it sewered. The a sketch of the proposed the side lot line. as ^sketch showing the location of the average the proposed house will be exception of a setback line. The located behind the *'^*^*^ , _ . _!.*« on th-“ Traf f property was neighboring driveway that enu - hes m t„, ir p w excluded from the harocover calcu )ons. 3S;r.^n:iiincr nave SSSrinMn^ion -S nave put the property - 13 - ... PLANNING COMMISSION MEETING HELD MARCH 18, 1991 (#3)ZONING FILE #1626-TRAFF CONTINUED across the street on the market for sale. Tne hartsr.ip is that the existing house Is too small, and because -ocated on the lot line, we cannot add onto the house. The pi an v/e have submitted seems to be the best solution." Bob Mitchell, Attorr.ev, stated that he is not reiated to - i.m and Patricia .Mitchell, but'that he is here this evening, as t.heir lawyer, on their behalf. Mitchell stated that the Tra^r s p-an has been revised in that it no longer shows an aaaition encroaching toward the Mitchells' residence. He said, Tha Mitchells' main concern was the side yard Variance that would have been required with the plan we received. They are still concerned about the size of the Traff’s *ot and the pxacement of the proposed house toward the front of the lot. They would prefer" to sae 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 pusn the house back five feet. Roily Lacy and I re-configured the average 30^bjick lir.* to extend from the middle of the Mitchel-s’ house to the Lacy house, which brings t.he li.ne back approximately five feet." Rollin Lacy, 2555 North Shore Drive, state*' ihat he had no objections to the Traff' proposal. He said, "I v..uld suggest to the Planning Commission that you look at now properties are laid out in relation to adjoining properties when considering t.he sight lines." Kelley agreed with Mr. Lacy. Bellows stated that the Traff's plan is an i.T.prove.ment over what currently exists. She reiterated her position on he importance of seeino a floor plan with applications such as this. Bellows stated that* it is difficult to substantiate the hardship in this case without seeing a fnor plan. Hanson stated that since it is the applicant's intention to start over from scratch, ha cannot justify approving the side yard setback Variance. John Blumentritt stated that he has started drawing the floor plan schematics that would support the Traff's position. Bellows supported Hinson's statements. Kelley stated th - he is indifferent. Xraff stated that the Planning Commission had Icjoked favorably this evening on several r»quests for Variances and - 14 - \ l; PLANNING rOMMiSSION MEETING HELD MARCH 18, 1991 (#8)ZONING FILE 11626-TRAFF CONTINUED questioned wnac --ide his application unque Kelley resoonded that tne Planning Commission looks at eacn apolication in a unique light, and that each must have a proven hardship* 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 way. From my point of view, this is a buildable lot, ana you will either add on to the existing house, or start over. That is why I am .^nt. I nave no problem with the Variance for that mattei o not want to see you compare the way in whicn we address implication with w'lat wo have done in other cases. Trafi a -d Hanson if his opposition stems from the concerns raised by the . tcheils. 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 sti*- ta.ce the application to Council for their deciding vote. Bellows suggested t.hat Mr. Traff bring back, a schematic o,. floor plan to give the Planning Commission ?. oetuer understanding of his haraship. The Public Hearing was continued. (#9) ZONING FILE #1* “*7-SAMUBL A. MCCLOUD RBCORD LOT #22, B 1 ISLAND AFTBS-TBE-PACT VARIANCES PUBLIC HEARING Samuel McCloud, and his Attorney, present for thi« matter. Carter DeLaittre, were Kelley opened the Public Hearing nt 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 Marc.h 12, 1991, memo. He displayed a sketch and photo of the retaining wall/stairway/dec system" that had been constructed on this property without proper permits. He added that the retaining walls were installed to restore damage to the bank that resulted : * Superstorm. Gaffron said, "The City Engineer h,s ■ imined the structure in terms of the necessity of tne retaining walls. e determined that the width of the bank does need some kind of a - 15 - I K;- 4I K- P ■I- f t’V p-- '• . PUUmiNG COMMISSION MEETING (RE-CONVENE) HELD MARCH 20. 1991 (#7)ZONING FILE #1625-DON OLSON 4590 NORTH ARM DRIVE VARIANCE-CONTINUATION OF PUBLIC BEARING Don Olson was present. Kelley opened the Publir Hearing at 4 i ll p.m. Mabusth briefly reviewed rhe C'.son's application. The Public: Hearing was closed at 4:14 p.n. It was msved by Hanson, seconded by Bellows, to reconanend approval of application #1625. based on the hardship posed by the location of t.he existing structures on the p>,ope...y and t.ie screeii-ig provided on the side yard. Motion, Ay«s-4. Nays-0. Motion carried. («8)ZONING FILE #1626-TIM A BETH TRAFF 2683 NORTH SHORE DRIVE ’“**Sr “”rw"°pre°renT“s “wff K«en Sohriver. •(obert Mitchell. Attorney for James Mitcnei*. neighbor. on behalf of the Trafi's Kelley re-opened the Public Hearing at 4:25 p.m. Tira Traff showrtd the location cf the line after it had been movea bacK an a-ci-ional feet, as he agreed with his neighbor, Rollin Lacy, that do. Traff also showed t.he Planning Commission a fioor plan of the proposed house. Karen Schriver reiterated the position of James and Pitricia HitchUn? as noted in their letter to the City, and the comme.nts made by their Attorney, Robert M.itchell. at the March 13, 199 Public Rearing. At 4:34 p.m., Kelley closed the Public Hearing. SStTS:* .U.'Vu'SS’.Sld'SpS.. there is no demonstrated hardship to requested. Mr. Traff disagreed, stating taat his P'*®” reduce hardcover and place the house 24 feet further f.om the property line than w.here the existing house now St ted that the new house will increase tax revenues f y of Orono. and that he should be allowed to have his he wou.ld like it. Traff added ^® ^^^“if^bJek^Une^^ar ^him home as close to the average lakeshore setback line as - 4 - \ PLAHMING COMMISSION MEETING (RE-CONVENE) HELD MARCH 20, 1991 (#8)ZONING PILE #1626-TRAFF CONTINUED , Dossible to take fne most advantage or the racreationax, aesthetic and monetary value uf the home. Gaffron ask.id tne Planning Commission if they would recommend approval of a lot width and area Variance, if all other requirements are 3^^Xow8 stated that siie would reconunend approval of a lot width and area Variance because the hardship runs with the land because the City recognized the lot as biilcable, and it is sewered. Hanson agreed. Motion, Ayes-3, Kelley. Nay. Motion carried. (#9)ZONING FILE #1627-SAM MCCLOUD sgry^RP lot #22* BIG ISLANDAFTBR-THB-FACT VARIAHCBS-CONTINOATION OF PUBLIC HEARING moved by Hanson, seconded by Bellows, application #1627, as requested by the applicant. Ayes-4, Nays-O. Motion carried. to table Motion, <#10)ZONING FILE #1628-SARA a MARK FINNEY 4195 B16BN00D ROAD VARIANCB-CONTINDATION OF PUBLIC HEARING Sara Finney was present. Kelley re-convened the Public Hearing at 4:36 p.m., and reviewed the Planning Commission's views regarding this application and the intent of the average lakeshore setback. Hanson asked Mabusth if Staff had been able to vj-'^w Jhe lakMhore structure comprised of retaining walls, and a stairway• Mabusth reolied, "We were unable to meet Sara on-site, but landing standards. The structure is approximately eight to ten old. It may be appropriate for ths 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 oe al^owe.. to rebuild the deck at such time that it deteriorates, and any structural repairs that are deemed necessary will have to be approved by the City." Hanson was concerned a.bout 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 measures the City will 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 - 1 U- i. r- Mr- To:Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Date: Michael P. Gaffron, Asst Planning & Zoning Administrator March 8, 1991 Subject: #1626 Tim and Beth Traff, 2683 North Shore Drive - Variance - Public Hearing Soaing District - LR~1A, Single feunily lakeshore residential* 2 acre* sewered J^plieatioD - Request for side setback* lot area and lot width variances to construct new residence. List of Bahibits Exhibit A • Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Exhibit X - Exhibit L - Application Plat Map Property Oimers List Survey Proposed Site Plan Letter of Request Lettersfrenn Neighbors Lacy ^ Neighbor Acknowledgement Forms Existing Hardcover Calculations Staff Hardcover Review Average Setback Survey Compilation Documentation from 1973-74 Subdivision Fortiaeat Code Section - Section 10.23* Subdivision 6 (B) requires 200' width* lot sise* 30* side yard setbacks. 2 acre 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 Setbacks Laxe Existing Proposed 140^ 118* Required Variance 75* Neat Side 00*30*30* East Side 2.4*23*30* 7’ or 23% Street 120*160*50* Avg. Lake Setback 14*2*0* Lot Area 1.01 ac 2.0 ac .99 ac or 50%zsmsnth 140*/93*-200* 107' or 54% Hardcover: 0-75*0«0%0% 75-250*28.4%(26.6%)25%* 25% 250-500 *8.5%8.9%30% * See Item 4 below. 'I j'V'.‘ I' f i > r h I k % i;.k # i- ® ft:. ^i Zoning File #1626 March 8, 1991 Page 2 of 3 2. lot split to allow applicants ’ house on a separate 1 acre tLri.ro^ ^t”he^ VuVai«on? 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 2685 North Shore Drive. A 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 ^^st 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 Notable on the survey compilations is that the Lacy a 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 inqsrovement. 4. 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 hardsurface comprising the neighboring driveway at 2685 North Shore Drive, which is partially within 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 9% hardcover is proposed in the 250-500 sons where 30% would be allowed. DiscmaaioB - setback variance is requested for the west side, the new structure will be further from the east lot line than the •xisting house, providing a benefit to the easterly neighboring property owner. %-■ r- \ pite t-i f- - ■P. 'V. iyf:- Ip ftPf !•r f t. I fto. mm 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 if applicants' property was in fact a 2 acre lot. The Lecy's at 2655 North Shore Drive reviewed an early plan that proposed a 15' side 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 sites are not an issue. Because a house currently exists on applicants' property# 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 it 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 sewer is available and the history of the lot's creation. Staff Be itioe - 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 supporting approval. CITT OROaO - VARIAlfCB APPLICATION ; ' - T” ^ 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) i iJ 2 1 :*rV » • *• '* i'J PSOPBRTT LOCATION Site Address -hU SW/5XJ!- -•• V -r ~rr\;n v« ' • w«'Wi1W _ . - ' U — U _ •.. .» ' 1 .* V»A . - • A .. u WVV' * -ru ^ • ••A . 1 -• 1 \'V" • v> k. - • * w - ^ *• • •■ • f " • * ' • vw .-D .. . u 1 — , - Vr/ V J ’Vi • A V • w • ' "* . Of ^ o I I "IProperty Identification Number (P.I.D.) ^ n ~** I * » Attach legal description to application if not included on required survey. APPLICANT Name iT..-> lr«^T-p Phone (home) V ^ ^ Phone (wor)c) "9^^ Address; ^3 City; _ Zip: rp. (if different than applicant)Phone (home) Name Phone (wor)c) Address x City:Zip: Date Property Acquired (month/year) (do not) also own the adjacent parcels of land, U8S OP PWCT 7 Present Zoning District 0 ‘ Present Use of Property Residential Other (specify) i I I Describe request in detail: Estimated Construction Cost $ ^f>0/trrO • fli 4 Lot Area Setback Variances ( Lot Width Front Hardcover Side Rear) i.0«8cribe undue hardship or practical difficj^J^ resulting from strict enforcement of zoning regulations; oi OISaUtFTZOH OF OHDSUAL PROPERTY CONDITIONS Describe unusual property cond^^iops^j preventing compliance with Zoning Code Requirements;_ _ 1. 2. QDISBD SUBMITTALS 3. 4. 9. 4. 7, 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 0%"xll" for reproduction ). Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy aJj^xll"). Sketches or plans of floor ( elevation views (provide 1 copy 8%"xll"), As sn addend”" 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. The Applicant and Property Owner must sign this application. Please fiewher that voor variance application la not complete if the ij^oig»stlon has not be"" htmCAMT*S 8I6MATUBB Ths applicant hereby agrees to provide all informatecaired or Mqnested by the Zoning Administrator, agrees to pay additional fees (staff tin# not covered by original fee paymej^t) 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 )cnowledge. I*" jJIpplicant's Signature ^Date ’ y / SIGMATim The owner hereby ackowledges and agrees to this application and further CBtherises reasonable entry onto the property by City staff, consultants, SfOBts, CosBiission mesibers, and Council members for purposes of investiga­ tion and verification of thimrequest Owner's Signature Date 2-a_zi Applicant mat liava all aulMlttala into tha City offices 25 days before the Planning Coasd.ssion Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled Sewiew ■setInge of the Planning Comaission 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 s Zoning Mfioe of this change prior to the meeting. 4- —— -----------------------"iU. ;!f mvzATA IM.1 mn t't. SjS "K ■'" u t' ■ ; ‘‘i. :l ’ Mi f9-U7-fS 41 m»7 ■7.*. tblSSSLfSSSi'hrtijzMi^^ c fiurr^R «i. fe- e:*l ________ il^3f«P«iOl ; f I? 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TIM & BETH TRAFF RE: HARDSHIP 2683 NORTH SHORE DRIVE DATE: 2/13/91 Ji. -i O fj TO: MIKE GAFFRON; r i'i It t • k I 1: r", rr'' A YEAR AND A HALF AGO WE GOT MARRIED. NOW WE ARE EXPECTING A CHILD IN JtJNE! WE LIVE IN A CONVERTED 50 YEAR OLD S MMER COTTAGE WITH APPROXIMATELY 950 SQUARE FEET OF FINISHED FLOOR SPACE. WE HAVE SPOKEN TO THREE SEPARATE BUILD''RS AND DESIGNERS EXPLORING ALL POSSIBLE NEW ADDITIONS OR NEW CONSTRUCTION USING THE EXISTING FOUNDATION. AFTER A CONSIDERABLE AMOUNT OF TINE AND MONEY WE HAVE CONCLUDED THAT WB MBBD TO 8BBK A VARIANCE TO ONE: CREATE A LARGER MORE EFTZCIEMT USE OT OUR POTENTIAL FOOT PLAN WITHIN OUR LIMITED RAROCOVER REQUIREMENTS. TWOt CENTER THE NEW BUILDING SITE WITHIN OUR RELATIVELY NARROW LOT. IF WE WERE TO BUILD OVER THE EXISTING FOUNDATION WHICH 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 HE 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 HOMES 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 HONES. THERE IS NO CROWDING OR ENCROACHING ON THE NEIGHBORING HOMES. HE 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 ARB 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. r r-- Ir'r:- 5- 'K "i:- 'W-f'"i'W' t’'I' j;r r > S ■" ■teikii. 4f>H February 5, 1991 Jl77'o 2655 North Shore Drive way2ata, MN 55391 TO WHOM IT MAY CONCERN: •pim Traff has outlined his plans for his home on the property «uJ« at 2655 North Shore Drive. Sharon and I do not have^any^objections to the granting of the variance that ?ha huildina site to be within 15 feet of our S?S«rw”in. i ?n3!c*iS to Tim, 1 would, howev.r SSoSlat. the necessary trees of a necessary height be *_ ^ k»a«v im ^he site lines between our two nroMrties Since I do not have the plans for the exterior thr^home I would assume that we could agree once they are S^anSbJS 'The SiSgSt is it would require fou. to six trees in heights from 12 to 20 feet. M« also would ask that tha site lines between hone and J;? w- which is on the opposite side of the Traff SbseUiS. M? understLding is those site lines are^sed on a straight line drawn from the actual home itself, exclusive of any out buildings, pools, decks, etc. Tia's plan for his house seems sensible to me and as lines are observed and trees are planted to buffe S2 5^SS.rtrsSS?oXd 1 would welcone th. Traff's new home. Lacy Sharon M. Lacy 7/ If I I; James A. and Patricia M. Mitchell 2685 North Shore OrTV« Vayzata, Minnesota 55391 March 12, 1991 • % % MAR 12 .1831 ^ 4 Orono Planning Cenaaission Crystal Bay, Ninnasota 55323 Ra: §1626 - Tia and Bath Traff variance application 26B3 North Shora Drive Ladies and Santlaaan: On March IB, 1991 you will be asked to consider a side yard setback variance raQuastad by Tin and Bath Traff for construction of a new residence at 2683 North Shore Drive, next door to our residence at 26B5 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 ooBase your granting this variance, to point out three factu- al inucuraeles In the Traff s' application and to explain why we think the variance reguested 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 net approve or the Treffs' proposed plans, we did not even see the pi MS until after they wore nled 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 horns. There Is no crowding or encroaching on the neighboring hoams.* Hhlle the current small house at 2683 North Shore Drive does not necessarily enhance our property, putting a different, larger (In volume) house sJjUic to ours obviously will detract from the value of our property, not onhance It. The third Inaccuracy In the application Is the suggestion that Orono will cause the Treffs a hardship If Orono does not grant this vari ­ ance. 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 2984 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 ologance of our home and this area. Me treasure Orene*s rolling 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, -V •■r *•I br- r Ir-- h V ^ Pagi 2 In collibontion with Arli Lindberg it Noerenbirg Park, ind Jane NicKinnon it the University of Ninnesoti Horticulture Department, we hive lindsciped our property with historlally and environmental!y correct plant aiteriils along the shoreline and park borders. At considerable personal expense, we have also carefully resto^d the old Gluek water tower, to preserve for this coaauntty a wonderful old landaark. Hhen we bought our hoiae In 2984, 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 lot (it is not 2 acres) next door. The house was, however, the maxiimjm distance away from us and It therefore represented the minimal negative impact on our property* Th§ Tnffs too utniorstood tho Tiaititions of th§ property it 2883 Horth 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 opposttf to having a large house wedged onto a nonconforming lot (1 acre lot in a zone which requires 2 icris miniwm)^ f. particulerly as the Treffs own two lots and a large heme directly across the street from this small lake lot. It will ehange the character 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 requir^ 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 wn 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. Sinyrely yours, , Jim and Hat Hitchell CC:Jeanne Habusth Bob Hitchell Tim and Beth Traff n:rI- i; y ?:i , V f-"' 'V,, r- fc ■ k I (we) - Adjacent Property Owners* Acknowledgement PoraJ-ciJlP of Z£.?-S~ S^oM, Qp.', [print name(s)l (print address] h.,r. r.vi.w.d the plans for the proposed improvement or proposed use of the S;i;.rty Tocated at also referred to as Land Us. Application Mo. 't ,„, »VAUvy;,rr.;‘55a*4i.t? re<|uires Council approval. I (we) [print nanie(8)] of 2i, ? ~ s/^t/H. Op. (print address] «__^ 4.u« niana for the oroposed improvement or proposed use of the Application NOr 1 (»e) understand that in executing this «ckno«ledgement, I (we) an / -^a. ••vmi to declare-approval or disapproval of the property or us coSft» f”^" City Council that I («e) am <««>«*«•«* the Improvement plans and that the proposed neighbor s project requires Council approval. Date Pr6perty Ownerv Date I£ vott have any information that may assist the City #hi« Land Ose Application, please submit your comments to the Buildi g Boning Office at least 10 days prior to the scheduled meeting date. ^Imothy 'TaArr' lii- ii. li i ■;•.’■ 1^' i ;rv u Ife ' :f. ■:1.' \i- ■<t::uI '-Vr ?>• •5^ HARDCOVER CALCULATIOfI WORKSHEET SETBACK ZCNc: (CinCLE'C.’JE; Existing H ardcover in Zoi.'E —• ^ ^ ^ ^ ^ ^ ^ ^ w ^ w *1^ —V# O A.Hnn<;?X = /% i LE.'IGTH « *» ’.UDTH « # • • •X • • • • • X • • X s: B, (>ARAr,"X 3 r. IlntvFWAY X 3 V« a -• X • • « • n. SinPWAi<c ■ • • X •s •X • ■X E.*ATI0/ , . ..% 0 9* • • •D eck . ..••X « . *• # • • e.lAMn<criPC X 8 AREAS UNDERLAIN av X 8 PLASTIC ’ SHEETING X 8 » X ■ • 0. Other X 8 • Total Hardcover in Zone - Total P«ope«tt Aaca ih Zone 6F3S o S.F. /• — j • r • r *“g • r I S.F. S.F. 5 • r • S • r* • S.F. S.F. c*S. r . S.F. S.F. S.F. S.F. S.F. S.F. S.F. S.F. T| g>:------r[B X ICO - f UoT^l MO HCO^SIC U0CATE;T> iH 3-OM^ . -■ • ■. • • 2-/1- ■)/ 'X =fc % I-r;: • - #•*• p • V* r-fe ,TJ«f ■•■I •: I»*" ^0. ... .:v .'• \ ‘‘ y.? Hr TttAft- HARDCOVER CALCULATION H0RKSH5ET s£T3Ac:< zc.’!-: (c:ncL=-c::z? C-75-''^ r:-Z50' Wrf « 4Wl I i/A ■ House LEMGTH ^.4‘ V/ICTii _i • \20. X X 8. Garage X c. D rivehav Cirwcu. ‘fcuAcictov' 0.. SlDEKAL.< ■’ 4. O X X X ^ i X ^ X ‘\»i —KT^ 2<0* o X 3.0 . o X J WooiP 0.5 105 i: -m:'mm ;V' w»u. «eer ,. c-owc, ueocie. Ec&4c6uip%r P. Lanoscap E AREAS WD6RU1H aw: ■PfcASTtc ’ SHEETfNG . . o.*S t.. /U X A G1 M-I- M’-k W'■W-f/r-5 . o • OThCv<_ KiOC X X X X .?7 /7.? /7. 9 24 W93P *9r«MU.<^ G. Other (.7 2.-*» X -^.-T X » 'f!': -1.9 Total Hardcover ifi Zone X 4 . *=1 X o W- Total Property Area im Zone -I O f T-7. / i *7 5" / 2 /S a 24-7 -foo. o _ .. &X O 42. 4 ✓ • I —-S-2-jY- ____/1. P 2 <?: 92 7 <: c«•> I > • S • r I •0 t 1* I A ^ f"o . r I 5 • r I* •”L • r • O.P. S.F. S • P» S.F. I * •..* • S.F. S.F. S.F. S.F. w J*V V ^ ^0 5^1- ^ V /) A /\y •■f -■■[T[685jr.3 .!.[T|2<?.7j>7 x lOO - 3.?.7^ _% '^'P' //^/^ A/are: A^*t/fc/4Y fT/^r /o fjMT. s orMftt fZ^S S.K ^ '* f L«9W^ /4/ST^J»3 r = 29.5S %3 t k' [is, ^ ®:‘ HARDCOVER CALCULATION HORKSfiEE' SsT2AC:< zc:i£: (c:."CLE C':E'.J ' Total HARpcoven in ZctJE Total Property Area in Zone XIST ING Hah:::v£?. in Zc;* •« A ^ • • A.■ House V Mil* • LENGTH vccri: ♦ •/MM Mil** • X •• :i. I* . m ••X S.F, • X S • r « 3.Garage . X . . =r ^ ::W • « A C.Dr IVEWAY X = /3^ /S.E. X Si*! • •• • D. SiDSHALX ■X M • *s • .*• • • ,X :=S 1 r 1 .X . -ll. r • 6.Jatio/Deck X • m A »•w • r •• p.Landscape X _S 1 r ■ AREAS UNDERLAIN BY .X £ . r . RUSTIC SHEETING X S.F. X Sir. fi. Other X —S • r 1 /SC/S • • . / ___ 4 m 1^.0 92 X 100 fK 092 - s.f*. •.I. A \ V •• . • 0^ % *. LOT AKID HAei>6o!v^E-f^, (\ze^\ u"'6Mm'b VJfilb OM I TTE . ^ • ••• * ‘ ; X4*^. /I er/*ir m /S€/ f /H ;Li.»r^T OF . ^;4= ^ F•r'1r- SiTTk^f ^v;*ruJ ifii(ltr7N& ..... ys-isa' aa&t ,«i7- '.i&'i /r ii J . //OmSC ri /3ftC»..--^2.1 OS'------ li ‘ — Hi "k ^v. _______ n?r 4»/<V*5 > IS"' / Uf ‘f-pk. ]:f pgefoygt^ ■ > 'f* !X' ' ^Vv- ^832. / 2>yy.. J’fo^ jF Djtiv..pw*y pi-i/: jf- 2,3-* / t'- Ll^v- l/i'k.IMTwt^T ^gr% .■a-cx/^fevr » V9// k--k sz-%C--U^ll g--3._^_? .■? 1<4 oU^€ Z>33_Z;____ rJv /^ 7 2: Hoi MBaBaiE?c.4tg.^aiki^A Plminlng Cowiission Members Dexter Merston, Zonlna Administrator Attgust 10, 1973 Subdivision John II. Cross 26*S North Shore Drive CmUUNr lAMO OSB: One main hone and one smaller CUHtfllT 20NING: R-IC (one aero) pROrOSEJ UNO USE: One acre isuNniOliMlNlVIt I?UN: One acreRecommend approval as requested ____- - ^ —M * A ■ TO: PROMs UTB! SUiJBCTs pirmoNBR kOCATIONt ALTERNATIVC ACTIONS:1. 2. 3. 4. R^mnd approval with conditions TSlTrequest until the moratorium has >c«m liftedRecomnd denial - state reasons STAFF RBPORT: Plmt Amolyals Proposal Required Crops oroo Tmcoi lot# NiniMB lot RTPP MUM ft iriCth 3.38 acres 2 1,17 8 2.11 140* I 243* NA HA 1 acre 140* —_ - -Mauid like to divide his 3.28 acre lot in®®two lots. WJggJ 2S*J? erSJ :snd‘br;u!sr » • co«Hti.. of .ppr.r.X. lo commocR both houses to sewer. 2*2ffioS%rthrdj4vS3r»*»^ » SEsLffii£“rffiryS“‘a 5S-« mordlot «“ •* *“• PT0P0»0‘- »m. m hT- • *1 Nthi^.aiir-., r ■;»' yC/fer. -r/ .* r- • « » V ^• • u f . • • •** • .^1 •. •. 1 -j ,!U sa I \ P----J •■ ■^"! ••■'►' p■‘•'‘I ^'t^ > iili.*».. IN ^lu/j •] , L^ /1 ...; .. : ^ir^l . •• . • ;'v-v^-*' * " '■* * Jk * ^/.* • .• ••rVJ > V . j • >....... ^ • * » :u- ft I I !fc’ II I-4" I v' u Bf - tv .fe- pv :ii«T2S OP A RBGOLAK MCUTIHC .lELD AUGUST 27, iJii snt^rio*”rSipS5^n.N.*"‘!StnT“ns5Ubie ‘SS/y-? ?iihi •*«U»e« to tho eurronl biiUaiui! oorjtoriu,. h! for ir. Odd Rovick. Tuc Council &K tiiaC a varlonco of ISO* from fStbocI: roqulreioont should of «»«ic ... For...Ul. Road. :«otlon. Ayes (3) - Nnys loj. BtttUr morod, Wtlsn '®5*SJI?rXliJ division of John Cross,. 26« North Sjioro drlvo, vlth thethis property, which has lakeshore on the subdivided lot, is a fiAsotlvo factor for subdivisions» to be considered on the balance of Jj)*fie farther subdivisions will be allowed for the renalnder of the PWerty on the lafcesnore area* «*r. Cross was consult wltn Mr. I tors tow about easenent that could be AMgc^nost rosd tiirougii the property# itotlon, Ay*» (3) - l*»y* (»)• MU.r -wo<«. «.lsh ;5'SfL„ 197S Pnad 2 2425 3w5 Shore Drive, s-tbiect to theas'Ss'.c'Si.aKr Hays (0). Hutler proved, Welsh seconded, to adont Street. Motion, Ayes (3) • Nays (0). ifaieh Boved. Butler seconded, to instruct Mr. leStra tlint his bam nust be reeoved wlt.tln SO days of today ’s date, notion. Ayes (S) • Nnys (0), Uolsh Moved, Butler seconded, that tiie viiiaoo of &rono accept the Antoine prop* iHi S I VUlaiio park and that the Vllla«e I?^thJ last haJf of the 1973 taxes and t.,at i*e 2rk be naaed after Mrs. Antoine, lotion, Ayes (S) • *«»r» (®)* VARIANCE 5 FINAL FLAT 1045 ./cst Ferndale Roau DIVISION 26SS North Shore nrivc DICON .2425 North Shore Drive resolution #504 Vacate Park Avenue ^ Adans Street iie :ioval of barii ANTOINE PARK ji fOt MTIi J«M« Cosby, City Adninlstrator Ooxtsr Msrston, Xonino Adainlatrstor JttlM 21, 1974 MfUMTi rinsl Slat •> John Cross - 2613 North Shoro Orlva Nr. Cross sppoarsd baforo tha Council at the last aaating and tha approval of bis final plat was tablad. Sinca that tins, X hava eenaaltod with tha Hannapin County highway OapartMnt regarding thair roqoast for sa additional 17* froai tha eantar Una of tha road for *i^t«of way porposas. Mr. Jin Taylor, of tha Hannapin County High* wqr OspartMBt, statad that tha reason why the additional 17* is aooaaaasy U that state standards require a certain slope in tha ditoh and in order to neat these standards a 20* wide hardsurfaca read needs a 100* wide right-of-way. Farther to tha east, tha Council did roqMire the OiCon Subdivision to include the additional 17* Crea the center line of tha read in thair plan and this subdivision approved within tha last few nonths. hsfsrding the subject to a park fee for tha subdivision, I consulted the hsaeeaor. Nr. Nalsh. Attached is a nano fron Nr. Walsh and it atetes tiMt this property has bean taxed as if it ware two parcels of land. Since tha intent of tha ordinance is to naka new honesites pay for any additional park land ttxttthair prasanca will necessitate, it oeena that tha park dedication could be waived in this situation. The Coonoil ^proval given in August of 1973 asked that tha property be oheoked for any existing aassMnt. This has been dene and there •ra no east vest aasensnts thrc**gh tha property for any road purposes. L i i: t t P.' K- 't fef n T'i ?r H f i-i .P' tis A MmFI^f HEETZNG HELD JUtlE 25» 1974 aov«d» MCondMlf to o£ tho Lwroon propwr^. ?t4t2o«SK«rporcl»o*o mqntnmnt. Motion, JIVM C4I - My« W* CDwnll—I UooMoyolo rotornod ot 8t20 P*ii« t. Poorao ooeendod, to 9ront a «o tiM ■ocotorioB and ap^ovo tha ^iMto iiMividion tor Mr. Bollia Dm loStiffi at 3MS Matartoim Aoad on ^o— 5% park foa and notion. J5m (SI • My. (01. •* «” «ars!.y*:J5ll.?SS sns* |I)?***SSeSi» »utl.r W*r«Avaa C4) • SsSs^SH^S^Alaia* Uotiaa# Ayaa (4) - Maya (1). Council- mm Maloh My« ia • I '"^.rs?si«.*cS55r«o?s««o .. s s: «?cit/ • Ayaa (91 - Maya (0). , Mutlar NO. Its idiioh 1974. Ayaa (9} ^dad, to approve axtaoda tha anratociun • 149, until Saptaabac 39, action. Motion, • Maya (0). Page 2 POSCHASE PAMX LAND Laraon Pxopacty 80BDXVXSZ0N 3965 Matartown Aoad VARZAMCS 2789 Phaaaant Road VARZAMCS 2237 Shadyaeod Road VARZAIICE 1066 Lona Linda AE6Z8TSRBD LAND SORV 2685 North Shoca Dri ORDZHAMCE MO. 165 r^ratoriuBi * f.It- \ I c T«>S Mayor Paterson 6 Orono Council Members City Administrator Bernhardson ^AY ^^>101110 Michael P. Gaffron» Asst Planning & Zoning Administrator Oates May 2, 1991 Sobjacts #1629 McNulty Construction Company/W. D. MacMillan 1700 Pox Street - Variance - Resolution List of Ixhlblta Exhibit A Exhibit B Exhibit C Approval Resolution Notice of Council Action 4/24/91 Memo of 4/16/91 Council's consideration. The approval Resolution #2204» the facility in incorporated that the property as building. ^•solution incorporates many of the findings of which originally approved the construction of 1987. A number of additional findings are reflect the unique conditions associat^ j , a result of construction of the original Staff lecQ dation - Staff recommends approval of the attached resolution granting variances to Individual accessory structure footprint area# total property accessory structure footprint area* and location closer to road than the principal residence. V' _ ’/ ^ A RBSOLOnOII 6AAHTIH6 A VARIASCB TO NDMICIPAL S0HIA6 CODE SBCnOM 10.03, 8UBDIVI8IOMS 9 (C) 6 (D) PILE EO. 1029 WHBMA8, Cralgbank Associates represented by W. Duncan MacMillan (hereinaT er "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, attacht^d (hereinafter ”the property); and WHUtBAA, the applicants have applied to the City to pemlt 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 structure 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 (D).of Section 10.03, Subdivision 9 ■on, TBBEBPOEE BE IT RESOLVED, by the City Council of the ^‘ty of Orono, Minnesota: PIED1B68 1. This application was reviewed as Zoning Pile #1629. 2. The property is located in the RR>1B single family rural residential soning district. 3. The property contains approximately 13.5 dry buildable acres in area. Page 1 of 10 Im 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 directed staff to draft a resolution of denial. 6. The Orono City Council reviewed additional information submitted by the applicant and the staff on April 22, 1991 and voted 3 to 2 to conceptually approve the proposed variances, directing staff to draft a resolution for approval. 7. 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. 8. The following hardships and areas of practical difficulty for justification of the requested variances granted in 1987 are as follows; A. As evidenced by the soil samples taken on the property, the water table is very high. Several samples indicate that the water level is only 4-5* below the land surface. The overall height of the tennis facility could be reduced by placing it deeper into the ground but for the level of the water table. Additional, the comoosition 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 aoolicants. ^ ----- rr V' 1 *1* 1' ,;N, 'b \T' t !■’.>,. 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 the tennis structure in such a way as to make it unobtrusive as possible. To relocate the structure may cause it to be more visible from Fox Street than it will be in its proposed location. C. Under the City ordinancesr the construction of a tennis court is permitted use within zone RR~1B and is considered an "accessory structure*. The size of a tennis court is approximately 60*xl20'( for a total of 7,200 s.f. It is impossible to enclose a tennis court (a permitted use) and have it less than 10,000'-’12,000 s.f. after taking into consideration perimeter area needed around the court, changing areas and storage. 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, l.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 is approximately 13.5 acres with the residence overlooking a small pond. The residence has its back to Pox Street (a full 400' from the street), and is barely visible frost Fox 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* respectively, from Pox Street. There would be no detrimental visual impact on the neighborhood by allowing a variance from the "front yard* ordinance. Landscaping which 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. Page 3 of 10 r : 9. Baaed on the above noted findings, the City Council on June 22, 1987 adopted Resolution #2204 on a vote of 3 to 2, granting the above noted variances, subject to the following conditions x A, This approval is for the construction of the structures and driveway as shown on referenced exhibits. Any changes in plans which result in a relocation of structures or driveway, or which result in an increase to the floor area or height of either proposed structure, or which result in a reduction in the degree of screening proposed, shall be required to be approved by the City Council. 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 commercial purposes but shall be used only by the property owners for their private use, and for the use of their families 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 ■aintains at least 13.5 acres in area and maintains at least a ISO* setback between the sports center and all newly created property lines# and maintains appropriate screening for the sports center. Page 4 of 10 r f w. 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. 10. The applicants executed and filed the required covenant in the chain of title of the property and constructed a sports center of actual floor area 13»866 s.f.r 2»989 s.f. less than originally approved. The building was completed and a certificate of occupancy was Issued on August 15f 1989. 11. 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 permitted use, the allowed footprint area increasing with acreage, subject to more restrictive setback requirements, and subject to the property owner executing a covenant that stipulatesI A. No future 3'.'bdlvision 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 oversised accessory structure may remain 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 o«mers and shall be filed in the chain of title. Page 5 of 10 i: The further 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 maximoa allowed total of all accessory structure areas on the property to 6*000 s.f. 12. 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 #2204* 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. 13. 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, ^plicants 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 #2204 was adopted, the building footprint was not a regulated standard in the Orono Zoning Code. Page 6 of 10 to - w i; ¥' r'- ii . 1^:' ' •- '!• I W ir - % f s^v. kB Ir. f-’f- I 1 ci kiv- >, 4. .m. 14. 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» feunily members are provided a greater measure of security by a private facility rather than having to use one of the available public recreation facilities. 15. The applicants have invested substantially in improvements to the property based on the City Council's previous approval to allow the sports center structure to be built, and have given up substantial property rights which virtually eliminate subdivision of this 13.5 acre parcel as long as the tennis court building exists. 16. The proposed additions meet or exceed the required 150' setback which would be required between the sports center and any new lot line if the property was in the future subdivided in conjunction with other neighboring parcels. This is three times the most restrictive lot line setback in the 2 acre zone. 17. The Council finds that the sports center as constructed has created no adverse impact on the neighborhood. The applicants have complied with the letter and intent of all conditions composed by Resolution #2204 in construction of the sports center. The Council finds that the proposed additions to the existing facility will not significantly increase the traffic in the neighborhood and will not create any new visual impact on the neighborhood due to the lirelative location of the additions. 18. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirt and intent of the zoning code and comprehensive plan of the City. OOHCL08IOH8, ORDBR A1 ilTXOMS Based upon one or more of the above findings, the Orono City Council hereby grants the following variances: Page 7 of 10 i r5- '^1' Af!A'f^- m-.A wt h:- K'„ I'',* f5*v l^■ i, k r T:J: H‘ pi’-' & b. »'-■■%■ I ■f: ' f A. A variance to Section 10.03, Subdivision 9 (C) to allow construction of additions to the existing sports center recreational accessory building, such additions increasing the footprint of that structure to 14,090 s.f., with actual floor area of 15,836 s.f. B. A variance to Section 10.03, Subdivision 9 (C) to allow the total of all accessory structure footprints on the property to exceed the 6,000 s.f. normal allowance. C, A variance to Section 10.03, Subdivision 9 (D) to allow the proposed additions to the accessory structure to be located closer to the road than the principal residence structure. Approval is subject to the following conditions: X, This approval is for construction of the additions shown on the attached site plan. Exhibit B. Any changes in plans which result in relocation of the additions or which result in the footprint or floor area above those currently being approved, shall require further City Council review. 2. The declaration of covenants executed between Cralgbank Associates and the City of Orono on July 13, 1987, shall resMiln in effect. 3, 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 (Hay 13, 1992). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the soning code, shall automatically tersilnate any authority granted herein, and shall be punishable as a misdemeanor. 5, The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on >^ehalf of themselves, their successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 8 of 10 5i!S. Adopted by the City Council of the City of Orono on this 13th day of May, 1991. Dorothy M. Hallin, City ClerK Barbara A. Peterson, Mayor Property OwnerTa) 8TATB OP NimiESOTA ) ) COUNTY OP BBMNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of May, 1991, by Barbara A. Peterson & Dorothy M. Ballin, Mayor a City Clerk of the City of Orono, a Minnesota ■unioipal corporation and said instrument was executed on behalf of tho City. Notary Public Page 9 of 10 8TATB OF HINNESOTA ) ) 88. COUNTY OF HENNEPIN ) On thl8 of _ _ _ _ _ ___ _ _ _ _ _ _ _» iD^forn M 8 Notnry Public within and for said county# parsonally appaarad ■■ L"known to me to ba the paraonCa) dascribad in and who exacutao tne foregoing inatrumanty and acknowledged that he (they) executed the aama an hia (their) free act and deed. STATE OF MINNESOTA ) )aa. COUNTY OF HENNEPIN ) NOTAEY PUBLIC On thia day of _ _ _ _ _ _ _» 159_, before me a Notary Public within and for aaid County, peraonally appearedknoim to me to be the peraon(a) deacrlbed in and who executed the foregoing Inatrumentr and acknowledged that he (they) executed the aaBM an hia (their) free act and deed. NOTARY PUBLIC Page 10 of 10 M pa,J CXTT OF OROSO P.O. Box 66 Crystal Bay* MN 55323 473-7357 APPLICATION HO. 1629 NOTICE OP COUNCIL ACTION Date of Notice: 4/24/91 TO< McNulty Construction Co. 400 2nd Avenue South #650 Minneapolis* MN 55401 COPIES: Craigbank Associates W. Duncan MacMillan Dept. 28* Box 9300 Minneapolis* MM 55440 Jack Taylor Dorsey & Whitney 2200 First Bank Place East Minneapolis* MN 55402 Tin OP APPUCATIOMs Variance OATS OP SBBTlSOt April 22* 1991 VOTE: 3 For 2 Against COmCXl» ACTIOS - NOTIOSt To conceptually approve variances as requested* directing staff to draft a resolution for approval to be considered at the May 13* 1991 Council Meting. The neeting starts at 7x00 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 . Isv w t lb a.: To:Mayor Petersen & Crono Council Members City Administrator Bernhardson Froas Michael P. Gaffron, Asst Planning & Zoning Administrator April 16# 1991 Subioctx #1629 W. D. MacMillan/McNulty Constructic. 1700 Fox Street - Variance - Resolution Tjpany - List of bliiblts 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: Home, ead Statur Memo i Exhibits of 4/2/91 Minutes « Memos from 1907 Approval Dis'TOSSion At your April 8th meeting. Council voted 3 to 2 to conceptually deny the variance request, and directed staff to d?2ft a resolution for the next Council meeting. Such a resolution for Council consideration is attached. You nay recall that the applicants request for fabling was ruled out of order, however, the conceptual denial had « Sfect So 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, the determination that those hardships are insufficient to justify granting the variances. At the April meeting, applicant correctly attachment of the proposed additions to the principal resi 2n the^Joperty woGld in fact not require city Council this would not accoBipllsh applicants goals, and 'g be practical or efficient, it certainly could occur. might be the method of attachment and what <3egree by various methods of attachment is still considered legitimate. If Council is concerned that approval ••rianfime seta a negative precedent, consider that due to the covenant this is without question a unique situation, in that: 1.The applicants have given upwhich virtually eliminates subdivision of this 13.5 acre parcel as long as the tennis court building exists. ; 1 m Zoning Pile #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 Sent« .n^any new lot line. This is three times the S«t restrictive lot line setback in the 2 acre rone. 3.The applicants have a substantial ^ . Drooerty and relied on the City's approval that allowed the^ building to exist. The applicants gave up substantial property rights .*^/f^f®g.^°cture^landowners in order to create the existing structure. Bad the original proposal included the currently sauVsh court (it did include the proposed SSSbll gar?ge), it is entireT7possible 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 Coun^cil s^ciM S"a) which defines the parameter, for approval and denial of variances . The i sue of precedent is perhaps only a concern an^ieloated that other properties with similar condition atracture could have i" S“'Vat HSsi.the isauee of visual impact, noise, lighting, acce«/trart^^ *‘it"ir"lll!^lVthat a ve^ few similar situations in Slch^ni’thi (indltions could be reasonably met by an applicant, exist in Orono. nieeiTiVffc lotting Filo #1629 April 16, 1991 Pago 3 *BoMS^ottd* Oso of Proporty Planning Conini»«loner Bellows at the April ® the Drinclpal structure on the property is not used as the standard "single family *'®"*®®^®***".The city Attorney in 1987 gave the opinion (Exhibit &?"that tb* Intarmittent occupancy of the principal residence on the property does not diminish its status as the principal use or Structure on the property e Staff Baoo tw! MwliVlo^til the City Attorney and applicants «tt<«ney ^ -w-I— 4.» It in depth. As of this writing anAeanta'attorney'was not sure whether they would be prepared S^iiS J owSwItion at Monday's meeting or whether they would MdMSt a farther tabling. Me will know on Friday and will •4vise Council accordingly on Monday. Isv ... t V v'v P'f-M-I m: ’^'Mm-KI i" V':. k. m 'HA- te''p" &W- ??:• M-I; 0-" cv> i:^-’ To: Jeanne A. Mabusth, Building 6 teto:April B, 1991 Planning Coimnission Chairman Kelley Orono Planning Coiiimission Members City Administrator Bernhardson ^ Zoning Administr^iQjy ^ #1631 Charles t Ann Honuneyer, 475 Linden A^^^S^v Variance - Public Hearing Pertinent Ordinance - Section 10.24, Subdivision 5 (B) - Applicant seeks renewal of a lot area variance granted November 23, 1987. Once again as with the original application, there is no plan for development. Applicants merely seek approval of a buildable lot for future development. Subject:A<^, List of Bshibits Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit Z - Exhibit J - Exhibit K - Exhibit L - Exhibit M - Application Applicants' Addendum Property Owners List Plat Map Staff Memo of 2/9/87 Staff Memo of 11/13/87 Staff Memo of 11/19/87 Survey Lot Survey of 21 Lot Neighborhood As-built of Sewer Service Topography/Hater shed Cook's Update Report 4/3/91 Approval Resolution #2300, Approved 11/23/87 Review of Renewal Application - Please review the enclosed staff memos for more detail and background on this area variance application. No changes are proposed frosi the original application. As with the earlier review, drainage is the major concern. The City Engineer has been asked to review the current application for comment (see Exhibit L). Gustafson asks for drainage plans prior to construction on property. Please review the approval resolution that sets forth the findings and conditions of the earlier approval. If approved, staff would recosuiend the adoption of the former resolution with one minor change to oaiit the condition that would ask for a Park Dedication Pee of $390.00. Staff is reminded that there is no clear authority with the current Park Dedication Fee Ordinance to ask for Park Dedication for lots previously platted. Staff recalls with the earlier review the hesitation on the part of members of the Planning Cosimission to act on a lot area variance application without building plans for development. If NemA>ers can find something in our Code that would suggest we are limited in reviewing and acting on this area variance. Members may chose to table and ask for development plans. Absent any clear direction in the Code, staff recommends approval of the renewal variance subject to the findings and conditions of Resolution #2300, but excluding Condition #2. ;-'.rAi,r' Zonlfig File #1631 April 29, 1991 Page 2 Additional Ccanwnts and Planning (^jnniasion Reco latioo - The neighbor in attendance wanted assurance that the current yi^j^^mice review would address the sane drainage concerns as in thn original review. The property owner was advised that the sane conditions %fould be applicable for this current review. The enclosed resolution has been drafted per the findings and conditions of original Resolution #2300 with the onisslon of Condition #2 requiring a $390.00 payment for Park Dedication Fee. I?: Kl' fi? I 1^’ t-'”"b„W: P' .ir % #I'. j- iN- SI’. 1k-Lr Sr- m l: I:- <•* /. m ©X i^v- :r' ' rf"fe-rj:; (’•it ■fefe’‘ j; 1 A RBSOLDnOM GRAHTING A VARIANCB TO mmiciPAL soHiac coos SBCTXOa 10.24, SDBDIVISIOH 5 (B) FXLB #1631 ttHBilBAS, Charles 6 Ann Hommeyer (hereinafter "the applicants”) have an interest in the property located at 475 Linden Avenue within the City of Orono (hereinafter "City") and Xeoally described as Lots 1, 2, 3 and 4, Bloc)c 3, Minnetonica Suanit Parle, Hennepin County, Minnesota (hereinafter "the property") i and miBBBAS, the applicants have applied to the City for a viii*Xance to Municipal Zonin9 Code Section 10*24, Subdivision 5 (B) to permit the construction of a single family residence on a lot of .61 acre where 1.0 acres is required for construction of a residence• ■OW, TBBRBPORB, BB IT RBSOLVBD by the City Council of Orono, Minnesotat PIBDIHGS 1, This application was reviewed as Zoning Pile #1631. 2. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District. 3. The property was granted an area variance on November 23, 1987 with the ad<^tion of Resolution 12300 by the Orono City Council. 4. The Orono Planning Commission reviewed this renewal varlAiic0 application on April 15# 1991# and racoMiondad approval or tha proposed variance based upon the follotting findings t A) There is no additional land available for purchase to make this a conforming parcel. B) The lot area is consistent with that of other developed lots in the neighborhood. Page 1 of 5 V J \I -V , r I If' /■ tV I' I \ b* C) A variance was previously granted in 1980 and 1987. D) Sewer is available and has been assessed for a total of 1 unit. E) Ample area is available on the lot to develop a single family residence and pertinent improvements without the need for further variances. o. The City Council finds that development of the property will necessarily require additional filling and grading on the site and finds that such grading and filling will not have a significant effect on the existing drainage pattern in the neighborhood as long as a detailed grading/drainage plan is submitted and approved by the City Engineer prior to issuance of a building permit for the property. 6. 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty? is necessary to preserve a substantial property right of the applicants? and would be in keeping with the and intent of the Zoning Code and Comprehensive Plan of the City. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the variance on the health, safety and welfare of the community. OOKUI8IOII8, ORDER Al IITI0H8 Based upon one or more of the findings noted above, the Oreno City Council hereby grants a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a single family residence on a lot of .61 acres in an area where 1.0 acre is required, subject to the following conditions: Page 2 of 5 f::*r I " H 'v : is’'-:' r p. M, rs:m A'I- r- O'-O': north lot line. 2. All four lots shall be legally combined into one tax S:'nr.Vin Co?nt'y t"h.“5Ui,S*ce“J‘? /uUd'fnTp.'r-lt fSr cinstructioK of a single family principal structure. 3. Hardcover allowed on the property (two-thirda in the 250-S00>> one-third In the 500-1,000' setback area) nay not exceed 8p3$0 Sef. resolution. 5. Improvements to the property sha 11 not have an 5 effect on the drainage pattern in ^hborhood. Aoplicants shall share in the costs and share in the res^sibiUty for n.Msaary*dra*n»»eway^^ applicants' property boundaries. Such improvements may Include but are not limited to the following* A. Culvert inlet upgrade including baffle weir or drop structure. B. Excavation of a larger storage area just above the culvert• 6. Applicants are advised to attempt to '^o^^ benefitting property owners in order to facilitate minima expenditures of private funds to accomplish the drainage iamrovements • Page 3 of 5 -J f i I ['■tb\ |iPI i- * i. C:' i-I fC' ■6' |l- i-vi'- ri:.: S' '^f ■ • ■S'i;X:;. 7. Prior to issuance of a building permit for residential constructionf applicants shall provide a detailed grading and drainage plan sufficient for City staff to determine that the drainage pattern of the neighborhood will not be adversely affected by improvements to the property. The isnrovesMnts to the inlet end of the culvert including the baffle weir or drop structure and the excavation of a larger aborage area shall be included on that drainage plan and shall be completed prior to issuance of a Certificate of Occupancy for the residence on the property. 8. Authorities granted by this resolution run with the pifoperty 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 (May 13, 1992). 9, Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the soning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 10. 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 agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 13th day of May, 1991. ATTESTt Dorothy M. Haliin, City Clerk Barbara A. Peterson, Mayor Property Owner(a) Page 4 of 5 r <: ! V I & cm OP OROHO - VMtlMCB APPLICATION Initial Application Fee $175.00 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) A£ter-*the**Fact Pees (Double application fee} propbrtt locatk SitO Address CU/^^ ^ / pi^eperby Identification Mumber (P.X.D.) 3^ • //7 *^3~ f ^ Attach legal description to application if not included on raquirad survey.' LI 7-rv T r*i-A;;rr •rrrrr T:rr XnULCBMt Name f Phone (home) A «i ^ V w k. u vVv S iWvA L V )ia'1 iw A W r ______ Phone (worlc) m •^i79i:C Jrvi 901 716 iii a^sr________gitv! ^fano c Phone (home) 'H.Phone (work) i.:. 1; §.■ ; M »■ (if different than applicant) Name StJ^ Addrassi tfiS »lj^ city$iu^Jeli Date Property Accjuired ______________ Zip:tDi, (raonth/year) ti.?-w I (do)tfdonoO also own the adjacent parcels of land fe' I f-'t JT U8I OP PNOPntTT Present Zoning District //?• />o U Present Ose of Property l/4^ihi^T^Residential Other (specify) h vnoa OP rtf Estimated Construction Cost $^ I Describe request in detail: aX^Vortttnt^ pffyu»jly ft.V:f , iLV 9 f(V=' $J X Lot Area Lot Width Hardcover Setback Variances (Front Side Rear) if-1%’-a-..Other ■S'. . -....A D«seriba undue hardship or practical difficulty resulting from strictenforcement of zoning reeulations: g-Civ^ acvg ik_ _ _ _ I , Tkfre iS up dd»m I9 . ioMnBSCRXPTXOB or tnnjsiiAL propbrty conditii Describe unusual property conditions preventing compliance with Zoning Code Re<|uire8ientst fttmOtmuc . 1. 2. 3. 4. S. 4. 7. a. rraim SOBHinMiS 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 Hap (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy Sii^xll” for reproduction). Topographic survey (existing and proposed elevations) if any changes in existing grade art proposed (provide one copy 8%"xll"). Sketches or plans of floor & elevation views (provide 1 copy 8h"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. The Applicant and Property Owner must sign this application. Please that year vari***^ application is not cosplete if the OB has not been included. atfucAST's sicnsiiu The applicant hereby agrees to provide all information required or regnested by the Zoning Adsdnistrator# agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses incurred in revi_./ of this application# and certifies that the information aopplied is true and correct to the best of his/her )cnowledge. Applicant's Signature 8x0 * \ i Date 9/ The owner hereby ackowledges and agrees to this application and further authorises reasonable entxry onto the property by City staff# consultants# agents* Commission members# and Council members for purposes of investiga ­ tion and verification of thia-^ ceouest. Owner's Signature Date 3 Applicant must have all submittals into the City offices 25 days iMfore the flanning Cosmdssion Meeting. Planning Conmiission Meetings are held on the third Monday of each month. Applicants must be present at all scheduled jortlew mmetiaga of the Planning Ceaed.ssien and Council. If an applicant is mnable to attend a scheduled sMsting# please make arrangements to have an amthorised agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. d;- ••fc>T7I wn Harch 19, 1991 TO:Jaanna Mabuath, Planning and Zoning Administrator City of Orono RE: Application for Renawal of Variance - 475 Linden Drive FROM: Charles and Ann Hommeyer The following submittals are included: 1) Coaplatad variance application. 2) Data privacy advisory 3) The Renewal Variance fee of $100.00. 4) Certified property owners list and stamped envelopes. 5) Plat Nap 6. Hard cover calculations are already on file and not included. 6) Copies of surveys and other supporting data from existing file. 7) Staff letters to Planning Commission dated 11/13/87. 8) Notice of Planning Commission action 11/19/87 and resolution of City Council granting prior variance dated 11/23/87. _J F .'I,' r- I t- %■■' ■ '^v-r' T MU •s/M/n ONtR MHi taMayir NAI^AOM Uc TMVAYER . I TMMYEKTf= TAIMVIR TAMMVtR .i TAMMVtRT J ll HEIMEPXN COUNTY PROPERTY INFORHATION SYSTEM PROPERTY OPMERS LIST M 0*«tl7-tS 14 OOCO •OAOt TDMIANA RO R • C DtDOLPN in RARL R CNRXSTXNi OEDOIPH C/0 RMir-ROUPCE PO BON BABO SMOB PROP ABOR 004B0 04-I17-2S 41 OOEl LINDEN AVE JOMN MV ALBERS 400 LDOEN AVE LOMD LARt m B8SM B0-117-U 41 OOtS ABMEEE UNASSX6NE0 COUNTRVSlBt NANABEHENT INC COUNTRYSIOB NANAKMENT INC 19U N NAVZATA BLVB IDNB LARE Ml BBSS* 00-117-tS 41 OOZB ABBRESS lAMSSXBNEO COIMniVSlDI WMiABENENT INC COUNTRVtlBt NANABENENT INC ins N NAVZATA BLVD LBNB LARB Ml BBSS* 10 B*-117>tS 41 BOSl C 0 A NOMCVER CMRLEt 0 AMI NOMCVER 41EB BAR ST LBNB LARB Ml BBSS* IB B0«U7-BS 41 0080 A BVRNB PBTCR A BVRNB PBTBR BBSS* SB 0A-117-ZS 41 0019 004BO LINDEN AVE JOMN 0 ALBERS JOHN OAV ALBERS 400 LINDEN AVE LONB LAKE MN 5555* SB 0**117-25 41 0022 004B0 LINDEN AVE JOIM D ALBERS JOIM DAY ALBERS 4B0 LINDEN AVE LONB LAKE Ml B5SB* SB 04-117-25 41 002* 0005B ADDRESS UNASSIGNEO COUNTRYSIDE HANAGEHENT INC COUNTRYSIDE MANAGEMENT INC 1955 N NAYZATA BLVD LONG LAKE Ml 5555* \ 58 04-117-ZS 41 0029 0005B ADDRESS UNASSIGNED ROBERT T NARSTLER ROBERT T MARS 4127 OAK ST ORONO Ml 5555* SB OA-117-25 41 00S2 0005B ADDRESS UNASSIGNED K D HOLLAND A K S RODEN KENNETH B HOLLAND S K RODEN 4119 OAK ST LONB LAKE Ml SS55* SB 04-117-2S 41 D094 04111 OAR ST DAD SIEGEL DAVID N SIEGEL 4111 OAK ST LONB LAKE Ml SSSSb /ll I REPORT NO. P145S401 .PAGE 1 ‘ • • I. • SB 04-117-25 41 0D20 004B0 LINDEN AVE JOHN D ALBERS JOMN DAY ALBERS 4B0 LINDEN AVE LONB LARE Ml BBSS* . 58 04-117-25 41 DOES 004B0 LINDEN AVE , ^ JOHN DAY ALBERS JOHN DAY ALBERS 480 LINDEN AVE LONB LAKE Ml BBSS* SB 04-117-25 41 0027 OOOSB ADDRESS UNASSIONEO COUNTRYSIDE HAHABEICNT INC COUNTRYSIDE NANABENENT INC 1955 N NAYZATA BLVD LONG LARE Ml BBSS* SB 04-117-2S 41 OOSO OOOSB ADDRESS UNASSIONEO C N HONCYER SAN NOMCYER CHARLES A AMI NOMCVER 4125 OAR ST LONG LAKE Ml BBSS* SB 04-117-25 41 DOS* 04119 OAR ST R B ROLLAND OKS ROOEN KENNETH R0LUML4CAREN ROOEN 4119 OAR ST LONB LARE Ml S5SB* SO 04-117-2S 41 009B 0410S OAK ST 0 N A S L ILSE BAVXe H A SHEROREB ILSE 4105 OAK ST LONB LARE Ml BBSS* t I 1 i ' » I %I» •» (I I I • 1 I. * i f •A j \ I» <s- ' '« L i ' : . » •* t *, * s 1 V . f • I • • ; > / A A •* • ^ !• '«- ( ^ ^, -• u : : '■t '•r.; r-. /y ■ I?;. -5^ J. -^ •!.■;.■■■■ i'i IiMi.Mn tsna/^i4r“I TMMartR iP- ■;' n 't ) 'i<! f ■A •'? M HCMC^IN COUNTY MOKRTV INTOOHATICN SVSTCN niQKRTY 0»tCIO UST BO •O'&IY'CS 41 OMO fttmt LlNDm ovc N • UlTUCK-OiOCKBIt BT M. N B BlBTIIiaC-OljOCKill 4M ilNDIN *VC UMB LMCB m BBSS4 RENUTNO. B14BB401 BMI t. SO M>117-» 41 OIOS 0400S OAR ST T S 0 AR6A0010NT TIHOTNY « BAROAM AR6ABR1CHT 400S OAR ST UMB URE ftl 55SB6 .4 TOTAL MTCN 001 oootii 1 CCIITIFY THAT THE FACTS RfPtCSCNTCD ARE AN ACCUMTf AND TIHJi REORESENTATXON OF XNFIMNATtQN AS XT APPEARS TNXS OATE CM TNE Rt< Of THE NEmERXN COUNTY DCPART)CNr, OF PR0RE|JY TAXATXCMb TO^TME DEST OF HY KNONLEDOE AND OEtXEF. DATt •» t; i!• * 1 1 ;! .!' \ • 4 . I I i •» 4 f: . . I •• I •y . ' • r* i f f’. ^ I .. 4 ^ . i ? t v • • * • ■ -K’v •' ■' V'V • " • » I *r 4 • » •* • A . r *.r I 4‘. V V f ^ «#^ t l. i i ‘‘‘‘ 1 • • .■ 1.■ .• »■•".i 4 I > •i .f-' J; •i • I 5; =i 1 . N. ;t. If •' r ; • ■ VM' ^\ . i I •. • I ■ I- .* • ./ • •• *# a^*C#V.^V:U :v- AJJ. ' 73'1 P Oli!O)5i!0 /' ■' / / ' ! ■ / / !' =S5 « GOVT LO" f -■»>- ^ % li ^no\%j%j4>tz4L 5^/ 9T4 rj J * r f i‘> t.9^ I 1^ K=- «»t •j«eta Orono Pl«nnin9 CoMaiaaion N«ab«rs lv»u< 475 und., **«,„. m A ^ _ • - JK“2 “" - Vrepwty OwMn tet Midtkt 140 ^iatlna Ac200'-plus Ac Sis* (•— ■shifciJ^S)**®'^"’ <*«v«lop*d lots within 500'), 0.59 Ac «Us 1. '•^ircMat. Ath!^t '2®"^' lot V*e«J?r^lw Awma* foad* aad 10*froB ^k** would be* 35^**#*®* •l^th•■^•lop* ito« ifiJr t" north lina *»«■ nil 3 ■***nkl* for ^stiSnti.!?*^y 33* to"«o* dain ^*wT®* • ^«ildia« s^itioBoi wlonSS!^ • ninflo fsoiiy hoas witho«®$hi**22i*f5j i9laak d a ^ *2S* ii'ij.tfi* **••“ •—...d 1/4 .Mt for „»,r. , —* ~ vsrss:-; ~KS- ^:i4K.TSi.^2“S - a - ^e,»r e f i': I? lonlnq Fil« 11107 Mniiury 10* 19t7 2 of 2•teff Staff would ra fiadiaf that!nd approval of the lot araa varlaaea ranawal* a *a« a) Thora la ao additional land aval labia for purchaaa to aaka thia a eonforaino pareal. b) tbo lot araa ia eonaiatanx with that of othar davalepad lota ia tbo aaighborhood. e) Sba wariaaoa waa pravioualy orantad in 1980. d) Sowar ia awailabla and haa baan aaaaaaad for a total of 1 uait. o) tapla araa oaiata on tha lot to davalop a aln^la faaily roaidoaoa and appartanant iaprovaaanta without tha naad for furtbor warianeaa. J^proval aobjact toi !• Sotbaoka of 3S* froa tha waat« south and aaat lot linoa* and 10* froa tha north lot lina. 2. Payaant of park faa of $390 at tha tlaa a building porait ia iaanad* 3« Lapal eoad>inatlon of all 4 lota into ona tax pareal aoat bo filed and aeeaptad by Hannapin County prior to iaauaneo of boildiap porait. 4. Zaprowoaanta to tha proparty aay not changa tha drainage pattosa in tbo neighborhood. S. Hardeevor allowed <2/3 in 250-500', 1/3 in 500-1,000') aay net axeood S,3<0 a.f. on the property. 6. •rVf. f:- . . - ■ - ; •j ^ ^ • A' . y ■> . ■ ■‘*4^ . x‘ _ . r ^ *• V- , * "X JL* . ^ .. ^ ‘ ^ ■ar ' • A *» *•*•' . , ^ i* ■ "h V *. j.- ^ r - ^ *v p/.'. . • *• -I•• • • • . .9 T- y.-laiUaf COBBiMioa Ch«iraan Kelley _________ |iO^:fl«naliig;COHilssioii Meabers Aftbinlattator Becnherdson .Otaal F* Caffton# Aast planning t Zoning Adainistrator J. r ^ ¥ .i • » ^-'*1p*,*>r 13, 1987 > > y • /r 1m v * "< * ^-■MfiH^IIli?::itlllla« Laala a Kathleen Trettel, 475 Llndan 3^:;»r‘' «JlFanoa - Moaaal variance - Continuation of Public ♦w» ? ^ i- ■ .. "• •- ja*. ^-v.. ‘ ^ i Wm- .71^ V V 5^* was tabled a> 2/17/87 in order for applicant to - • 'a25: • *. ^ area variance for construction of a ceeldence* *.*. ^ .* #• f.i .1 / >• • • *. •*. vJttblbit A - Planning Conaisaion Minutes 2/17/S7 .^^'.tihibit B - Planning Conalssion Action Notice 2/19/87 Babibit C “ Topography and Watershed Bshibit 0 “ Letter froa Neighboring Property Owners 2/17/87 •Exhibit B - Air Photo with Sewer As Built Map Exhibit F - Neao and Exhibits of 2/9/87 -Exhibit G - List of LR-lB Lot Area Variances 1982-1987 tEWlEEW PACTS IcolBg Oistclst - Ut-lB M^BiXCd .• • .. >•■ • 'IbS. • ••'• • 'is •» . Lot.-Axw .Exiitiag - f.61 Acre VBxi ■■BjiJtxWioaxly Grsated 1988 7 , \ . •I - i • • • ; • 'T. .%7.11 —i. ‘ -iL-^ T-i* - *!ftajLl/lf/87-ietaff-pet with City .Engineer, Glenh^CciSii/^ ;je ,,coMen'ts Mre'as followst ^ e»99ffi *- ,• -js ^ tF ^ Tto_oite appears to be guite buildable but drainage cosmcm will— ’.V 'ri^Scvi&^' . . *; ?v “ - r •»i.: --<v.-**r-tr:'*.—r: • I ■a - VAKssnSA^es • rd«' «• ' I 1 % >V:.v ‘* • r vv ,*a*^ <^» ■; V' ■ ..V 'tr f' ’ *•• •r i‘ ♦ hav«.to b« properly Addressed. • There.is no defined drsinsgeway at the rear or west side of the property« but it is a lower area that apprears to act as a saddle drsinsgewsy between the property to the north and the culvert to the sooth. - The watershed does not appear to be extreaely large (4.5 acres esleulsted by HPG on 3/2/87) per existing I inch per lit* topography. - Oevelopaent of the property will likely require scae fill. A grading plan should be required at the tiae a house is proposed, for review and approval by the City Engineer. Grading and fill •ust be done'SO that existing flows can be aalntained on the property and not iapede existing drainage patterns and rates. This appears to be feasible. The privately constructed and aalntained culvert at the driveway crossing serving the neighboring properties to the vest is in an undeveloped right-of-way. It is in poor condition suffering ■ojor erosion daaage at the south, or outlet, end. This driveway will not be used for access to applicant's property, but all run­ off fros their property will go through this culvert, hence the additional run-off created by a residence on the property will sake use of the culvert. The property would appear to receive sose benefit froa the existance of the culvert and driveway which serve to Unit further gullying of applicant's property. It would appear that the initial work to get this culvert back into shape will include additional fill around the outlet, perhaps a drop culvert structure at the outlet, sose rip-rapping around the inlet and outlet ends and excavation of a slightly larger storage area at the inlet end and construction of a baffle weir. The probable cost of such work is in the neighborhood of (rough estiaate by City Engineer). Who should pay these coats of the culvert upgrade? Staff suggests that the two property owners directly benefitting are ®c®®aycr at 4125 Oak Street and Roland and Roden at 4119 Oak dhreet. The applicant property owner receives an indirect benefit by the existence of the culvert, and a portion of the necessary repairs and upgrade would have to occur on the •PPilcant's property. Arguably other property owners upstreaxi of the culvert receive an indirect benefit froa it and arguably* the paepevky at 4111 oak street and other properties along Oak *kreet are contributing to the outlet end erosion preblea and *9n®a^^a^iy involved in cost sharing. Steff'notes •• this jras .to-be .a.-public store 'sewer project witb*'ell benefitted-property owners being assessed the attendent engineering; and^^legal.ecosts :.cottld easi 1 y tr iple "theTfsTiff eetiMked ^pr>jBeitag. .. tStaff;Fwould suggest ' that the A®*ksjief. and vMintenance '.of^the-;culvert should fall priaafllyrai*;'*-!;- pa^aftr .iownetse^^^^^ :could'!srgusbrf V ".^. -a^ak.e^s^iitthe »applicant.*’property'owner as well as* other I-* • .Pa«Paaky.«wners in the neighborhood who benefit by the cblvTrt: Cv?% :: being clocated .within ■ the drivwway, that serves-to halt-VioXly erosion. f. .•-.- ..c. - : >. •' r •.. . f •■X. •■if - •., i ' .. *w- >ea ---------------------------- ----------------- --------------------- b«*V. > -.r uh.n .hould the work be completed? I£ tne Planning Commission Council feel that applicant should share in the costs • SJlvate culvert uMcadS project, then the other two directly owners must also agree to spend money at this time.... needs to be some agreement cn all sides In ordmr^tot this upflcade to happen privately. If the neighboring SJjSirtw owne?s UsUt that the project become a public project, shared all banmfitting property owners, whether their benefit then th. .tt.nd.nt costs of such . prol«t will undoobtably rise. Staff rmcommeadatloa Staff would reco^end approval of the lot area variance renewal finding that: A. There is no additional land available for purchase to sake this a conforming parcel. B. The lot area is consistent with that of other developed lota in the neighborhood. C. The variance was previously granted in 19B0. 0. Sewer la available and has been assessed for a total of one unit. the need for further variances. Approval is subject to: I, setbacks of 35 feet from the west, south and east lot Xines and IS feet from the north lot line. 2. Payment of park fee of $198.sa at the time a building permit is issued. 3 Leoal combination of all four lots into one tax parcal must be filed end accepted by Hennepin County prior to iaauance of a building permit. r e filT'* -V'-V*. h.'': *■ • ywnpv-.^^. *i. .... V 5. Applicant shall grant a drainage easement over the westerly and southarly If fast of the property^ ^^^ImDCOvamenta to tha property may not abamte* tbm .. ^drain^e pattern in the nelghborbo^. share In the costa and shall •***7.i;_^*** undern^th the driveway serving the two pfopectlM-to^^ r - --- - -- '1 'M * ifa*'w.,% h ' I’I'k n. I,:-. -V ►• -■* i:,--i:kk 'f'. L'r ' f; ‘ *•. r* •■ i / •> • f- ■>'■ illlJIViVit agrtes to allowing (and sharingras{msibility for) nscessary drainagaway iaprovaaants within applicant's property boundaries, such iaprovaaents way include, but are not liaited to the following! a# Culvert inlet upgrade including baffle weir or droo etructursf ^ b« excavation of a larger storage area just above the culvert. 7. ^plicant is advised to attempt to work with the two dlraetly benefitted property owners in order to facilitate minimal expenditures of private funds to accomplish the drainage improvements. Uv:.,..-* .. • .* * •% . • **.• • ' . «-»■ •• ••• - - r y-- ■y‘ •• :Z • • • •• • «.« • . ... A' J • •. -■*.•**■ ••■* k------ f.. .T >|V»ja|i|>ea3^<^ ''**'** •.-•••7-. ..M -.. • V; ; • if r K n v 7 ,-r it III, i",' I iiiVf^ f , lb - .---V^ >.>1. !iN- k i. L i.. i'j:v- » t t- t Vot Mayor Grabok ft Oreno Council MembersRlehaal P. Gaffron, Aast Planning ( zoning Adalnlstrator IP* 1987 (S' PU07 WllllaB XfOwia t Xathlaan Trettel* 475 Llndan Avenue * .Kaaawal Variance - Resolution AVPlipntica “ Lot area variance for construction of a residence. uabit h lidablt B Inhibit C Proposed Resolution Planning Cosodssion Action Notice of 11/19/87 8 Inhibits of 11/13/87 Boning District - LR-IB Lot Area Required - 1.0 acre Lot Area Bnlstlng * 0.61 acre Variance Previously Granted in 1980 review the neno and exhibits of 11/13/87. The appllcanti propose to cenatruet a residence on the property within the nent year ox two. Zaenee discussed by the Planning Ccnnisslon and nel^iborlng propert^ owners Included aalatenance of open space In the neighborhood* and ooncernl about the effect of developnent of that lot in relation to esistinc drainage patterns la the neighborhood. A portion of the diseusslor centered around whether or not applicants should share In the costs of Isproveeent and aa^^t^enance of the culvert w «emeath the access driveway ^ Properties to the west. Staff noted chat although the drlvewsy anc culvert are within City right-of-way they were privately constructed anc privately nalntalned. The City does not nalntaln Oak Street p■^st Its intersectlim with Linden Avenue. PlSMlag Coeelsslen reviewed this application at Its Noveaber Ifth 1987 -*^Jng and reconsMaded approval of the lot area variance finding thatt B) There Is no additional land available for purchase to nslie this a conforalag parcel. B) The let area Is conilstent with th^t of ether developed lots ir the nelghborheed. C) The varlaaee was previously granted in 1980. D) Sewer la available and has been assessed for a total of one unit. I) Snple area exists on the lot to develop a single fanlly residence and pertinent Isprovenents without the need for further variances. iI ' & :V« 1. • ► 1X107 mwihir X9» 1907 P«9« 2 of 3 Oloniilag CeMlaslon rocooMndod th«t that approvol bo aubjoet tot ** *•** ♦JM.OO «t th* ttM • balldlaf panlt 9. Applieaata aball grant a dralnaga aaa and aoathorly 10* of tha proporty.want ovar tha waatarly 10* J. ttprovoBanta to tha proparty ahall not hava an advaraa affaet uDon i5* ^'*i“*0* P^ttam in tha naighborhood. Applieanta ahall aharo^n 2»*f* ***^ bhall ahara in tha raaponaibillty for ioprovaaaata .o and colaart undarnaath tha drivaway aorvino two for nacaaaary drainagaway inprovooonta within S5t *“* “»>« •« atrtwSliia**^^ upgrada including baffle wair or drop 1) Iseavation of a largar atoraga araa Juat abowa tha eulvart. Zl—to attanpt to work with tha two dirootlv o«po»diturafTiJi^iS*fi^^^ adworaoly affooted by trr<»vaMnta to tha propaAy. Planning Conoiaaicn vote on thia raeoawandation waa S ayaa« 0 naya* Continued %■Us 4»V< #X107_ _ _ IS, 1S87 '* f? • 9,«f 3 #.* • • „gm>«h» ■«<,»borl«f 5'«»?*2f eSit of thooo lolot on* Inptooo^f •. JsisiaK fflrs-“s v|. . f «>Vn^uV"b:^Vt»VniV^SMSZ »W»— — S^oSSiS? f'SLi* o*Ai~ ^ <P6T7^ (2'e^ s-o •T70AJ yi -i d*-V* ' 'V S:*V • ■ •* . «. . kn :. I • klr'1-1. 17 -if J - a^/f. 1> r.fcT. T. iEi I* Jk4 »•■«* «■ I . :.ii±;rH;5^-fc-• • HanfS; V-,r-|—77T^i^ -->-r • • • 1— -r-• ’-r: • —Pn iXincLT:. -; r::!.r j.ir-Ti: i:d r::: :i-:i.-!:!. ■ * 1- . . . . . . :_l_L..;1__________n-r-r-T'-? r-rr^-rr iTtr l:_ _r+r:-- -;-; rr-H-< T^rrt+j;^^^.. f^v^rv^yj4-f- ...r ODT ........ i| r: —— - - m -• -4 -rt- ..i;;Q:i-.-L,t:nr.grrr: (Oli-j^T-.irrjr-rii.-;- tO-»—^ ——— ■ cJ:.:~■’. ;. ™- ;n*-J:'.rn ••I** »••.* --------f • 1 •... 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(•'• ; '. ;• 4 ^ ■A. -.1 .’ \3%Vi® T’cu: C 4« *Jr / SMra'V'- i*ii /.■*)' 1.5 /. - Cv *#•, W \fc;'.ii-'. f> ^ kM !«a>iiv5rt:%g£Ujfi'-= I V ^ 51 V .':&y •5:4l *r 3k. i • *4 ? l • f 0 ----mmmmmm^ / r W ^ . fiV-*?'' \] • A7t^SPT^ ^ r ,‘,: . /.I-sIBk; 6t/ 1/ ttia i>.i - '» Yiv' • ii; »«.,•.n ,.^;jj.*jr* '-'w \ii-}y ; ' •6»t. • ^jt y*r» -"r:*—'. t - ■•^•v -tTV .^7SF>-^7' Bonestroo Rosene Anderlik & Associates Engineers A Architects 3. - St C‘,rz^ C *^?'**’* V»-. - . .» ♦ «3 ^ r• - j - A *f r SorgjfCT V j-'’ ' • - -i*" ; * St '-------j*. A •’* . « sc . -''F • - -*.•* • • * '. '• ' ^ j J * 9oO^ C ^V5e« ^ 4 tarn^ C A ! A f JC At»>^s \f 9^-* A ^ » • • •"•. r - r . m -*^-.. .•; ■« 1^ ’ ^ . t w» ^ * • r«*'* • “V. '* , . .*,^ • ' M'- *. *.' ■• ^4,, i^f^^-. rf ■• I-*- a ■ • ’.‘J'» Z i 'E .r.T V '’j.\*‘Vi, '"* "■.!! ® * “• *-J''J'' '.* TT" 1j>-, -E April 3, 1991 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Ms. Jeanne Mabusth Re: Charles & Ann Hommeyer Property Variance Application #1631 Our File No. 139-1631 Dear Jeanne: We have reviewed the application for a lot area variance submitted on the Charles and Ann Hommeyer property. The site drainage is the only significant engineering issue. Prior to any construction on the property, a thorough drainage plan should be prepared by a competent engineer and submitted to the City tor review. If you have any questions, please contact this office. Yours very truly, BONESTROO. ROSENE, ANDERLIK & ASSOCIATES. INC. Shawn D. Gustafson SDG:li 139.cor 233S West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 4^ ft • City of ORONO resolution of the city council NO. _2300 ---------------- A BBSouono* GRArmK: A VARIAMCB TO lOmiCIFAL SOMIW CODB SK«0. ^ ■ U f\^t f 1 I 1 1I ____ Hi Ilia* Lewis and Kathleen i^S^LlndenVwenue Miimwta (h«*lnatt«t 0»e pr p« / ^ ,„r . v.rt«c..« to Hwlcipol^SS^ re. ‘<5ence on . lot of 0.61 .et. -h.r. 1.0 2“UrSetto» of . .in^ ‘,"“i;,/truction of . restdonce. acre is normally rq „v,rhrCity Council of Orono, ,ON. W»««FO», BE IT EESOLVEO by the City Hinnesotat FliroiNCS Movember 16, 19B7» , b..od upon th. follo-in, fin . wniu for porch... to «h. E, Thor. 1. no .ddltlon.1 land avarlabX. P this a conforming parcel. Th. lot .r«. 1. con.l.t.nt -ibh that of oth.r d.v.lopod lot. tn the neighborhood.:: ~rr. * • - . ahf j .,t * tSj- uiTav • « ■ * * ^ *"' • I' :v ’ -'Page 1 of 5 i.-^ -• — tfT • * ,- *■ *" AT.'- •J • -* mt ---------- fc»- ^ A ^ ^ ^ ^ a- o —h.— City ORONO _____ yiTV COUNCIL„esoto-noN of the c.rv counc .l NO. ----------- r.-'- il co.o«iT to t..u«« »‘ ,,,, oPP “«\Vi" o^“ r««?* ^ oitv Council has.conuld planning ‘^fffgA of tho ptopouod 't\U“ ~ «>• ,ne condition. fair a ,h. City =»"“f tir 'to l‘p ;V.ntL%^ t*>‘ property *r« PJ®“ontng light, air •* t SdveteoXy neighboring pr°P^^ Necessary to all i ^^.tantlal SnSSunce to is *'®“®®ould^ h®\*' ’^iv^Plen the apirit and intern. c<-c«.yo«. o«>» - £ i i nas not 1 ' i coHCUOSlOBSf OBD» ^ Have the Orono City C®«“fiLiVion 5^®' ^rfn area -here 1.0 acre in a■•S:Hjinr.r.'.:sK„........ ... ^ -__.4rf«nca Btruct'j once i°to the* following condition . ‘*^’ * ,d r..ld.nc. ?«o thVno'rth lot U"*- a tulldln, pon-* ,. pact y.. Of T»O.0. .tall to H*- 4««ued. _wi„»M into one ta» y «rlor to be leuallV• ml four filed, end ecceptc -...a,'=■••-• t- *- I . IT < I I i » t • *»A b* * O . i* ciiloitlon .-^Voiso-O',- Vi > "'■ '• .a..-., 500-ld000 ) . ...inage easement over W -H*\l grant a draxnag . casement ena* • .,; ^>=. 5. Kpplicenj:* shaCi gr ^ property. Such . - and •»«‘'jVllJ>9 o* thlo teMlutlon. 5. appA*'^**," ,«• of the pi«k'*‘*-/ ;:?or« »* ”“'.'^1° »f t ■-■'4 :^V i* j-tijf— City of ORONO besolution of the city council NO. _im----------- ' adverse effect upon *E^W to t». P^rneVhS^r^^oT SS-re/‘e^tr ?”rAVl*b*i“t, tor !?•?*.”“’'». such Improvement. oeY tnm " the %»eet. ''P*'* JV*prop*rti«« to necee.ary dra reeponoibilf y boundaries, s :kVoV"M ......................... •■ structure. ^bove the culvert. B, Excavation of a larger storag directly . .dvised to attempt to work^vi expenditures !• ‘?Fi-tlnV«ip.rty o«..r. in »5f'„\°„„e l.prov«»nt.. I i II ! B, “““y" ettempt to worn -It^ prlv.t. lun.1. to p .PPUc.h«/^“ VtV/^t*o ,. prior to l-«;|“"a®‘d?.lna,e plan nel,h^thoo5 «1H »;* ItUiilw’Jhat l»V"vement. f ^ t/drop .t^otor. and th.a ’ the , a.ld.nc on tbot inclodod on «*\ti,ticate ot Oc- i ncy property. „,oiotlon 23# 1988). . e -„Y of tbo ter»y«*:® . -ndi’ti:i:vrtbn resolution in the ot ,1 | „u | HHH •-* • •• •Page 3 of 5 ^ N'^V- r'T.t r-V •. ,s. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2300 Adoptttd by th# Orono City Council on thii 23rd day of Novoaber. ix' v"'.* ' Dorotny n. Ballln, City Clark Property Otmer(s) . i 'i i: • b j - Page 4 of S -1 •ri^ « < • * «• •mm ■»- m Mayor Peterson & Crono Council Members Planning Conunission Chairman Kelley Crono Planning Commission Members City Adm.inistrator Bernhardson Prom: Date: Subject: Jeanne A. Mabusth, Building & Zoning Adi|flni^straptor^ April 10, 1991 #1633 Andrew McDermott, 2701 Walters Fort Lane - Variance - Public Hearing Pertinent Ordinances - Section 10.24, Subdivision 5 (B) - Rear setback variance. = ll’*-" Required = 30' Existing Principal Structure Existing Deck = 8'*^ Proposed 3-Season Porch = 8' Bath Addition = 10' Proposed Variances: 3-Season Porch = 22' or 73% Bath Addition =20' or 66% Permit #2334, issued 12/13/69 for new construction. The property was zoned R-IC. Rear yard setback = 30' (review Exhibits Ll-2). Permit #5170, issued 11/4/83. No record as to inspector's approval at 8' setback. If this was determined to be a grade level deck, it could be allowed as close as 2' from any lot line. If the lot line was determined to be a side lot line, a 10' setback would have been required. Record of Hardcover - 0-75* Setback Area = 750 s.f. No Hardcover 75-250' Setback Area = 5,675 s.f. Existing Hardcover = 1,925.3 s.f. or 33.9% (no change proposed) 250-500' Setback Area = 12,918 s.f. Allowed Hardcover = 3,875.4 s.f, or 30% Existing Hardcover = 2,480.49 s.f. or 19.2% Proposed Hardcover = 2,552 s.f. or 19.7%* * 237.5 s.f. of landscape area underlain with plastic to be removed and replaced with deck/3-season porch/bath addition structures. No variance required within 250-500' setback area. Applicant proposes no additional removals. Zoning File #1633 April 10, 1991 Page 2 of 3 List of libits Exhibit A - Application Exhibit B - Plat Map Exhibit C - Property Cwners List Exhibit Dl-4 - Hardcover Fact Sheet & Flan Exhibit E - Survey Exhibit F - Proposed Site Plan Exhibit G - Location Map Exhibit H - Deck Framing Plan Exhibit I - Floor Plan Exhibit J - East Elevation Exhibit K - Cross Section Exhibit Ll-2 - Zoning Code Effective in 1968 & Zoning Map Review of Application ~ Please review applicant's application form that reviews the proposed improvement project in detail. Briefly, the improvements involve construction of a 12'xl3' wide 3-season porch over existing rear deck and the connecting of an existing side deck with the 3-season porch via a 6' wide deck/walk-way. Applicant also wishes to expand an existing bathroom with a 7*x8*j' addition also located to the rear or east side of structure (review Exhibit F). The addition is located to the immediate south of the 3-season porch. Staff has enclosed the pertinent zoning code section and map for the zoning at the time the building permit was issued for the residence structure. The 35' front yard setback is met. It is questionable whether this lot could have been considered a corner lot at the time the property was developed, as Pence Lane did not exist in 1968, only a private driveway to serve a single residence. The house was placed 11' from the rear lot line instead of 30'. The side yard setback would have been 10*. As for the 8* setback for the deck constructed in 1984, staff can only assume that the inspector considered this a walkout and the deck considered a grade level deck allowing lot line. Staff now classifies all decks with railings as part of the principal structure requiring principal structure setbacks. Now that the structure is to be converted into a 3-season porch, it becomes part of the principal structure requiring a rear yard setback of 30*. The application does not require hardcover variances within the 250-500* setback area, but excessive amounts of hardcover exist within the 75-250' setback area. 316.5 s.f. or 5.57% of hardcover within 75-250* zone is landscape area underlain with plastic. Zoning File #1633 April 10, 1991 Page 3 of 3 Options of Action - Denial. Please refer to the necessary findings in your zoning code; or Approval. To approve the setback variance of Andrew McDermott for the property located at 2"^C2 Walters Fort Lane based on the hardships cited by applicant, as follows: 1. Unusual shape of the property, current floor plan of residence (applicant to provide floor plans of structure at Planning Commission meeting), and location of house on lot. PXess0 revi6w A—2. Applicant has inade coiniT\6nts pertaining to an original subdivision of the properties by Michael Pluhm. As the subdivision referred to involved a lot line rearrangement. The staff person who was responsible for that review, there was never any land to be acquired by the property owner at 2702 Walters Port Lane. If this was true, this property would have been part of the lot line rearrangement application. It is true that Mr. Pluhm did purchase 2702 Walters Port Lane after the subdivision was complete. The property does gain the benefit or all the open space area. Remember, Mr. Pluhm was allowed to o certain improvements to his existing residence based on his not being allowed to develop portions further away from the I®*'® an attempt to compensate for the additional hardcover within the 75-250' setback area. If there were such deeds to be passed between property owners, it would have required subdivision approval by the City. We have no such record of a subdivision involving the Pluhm property with the property at 2702 Walters Port Lane. The following conditions may be considered with approval of the application; 1. Applicant should be placed on notice that there will be no further encroachment on the east rear yard for future expansion of the principal structure. 2. Planning Commission may ask applicant to consider the removal of excessive amounts of hardcover within 75—250 setback area. What is the opinion of Planning Commission Members (316.5 s.f. or 5.57% hardcover is landscape area)? Zoning File #16j’/ Page 4 Addit:ional Comments and Planning Commission Recommendation - April 29, 1991 The Planning Commission noted that the house was located less than 30’ from the rear lot line in 1969 without variance approval* In consideration of the shape of the lot, it was doubtful whether the house could have been placed on the property without requiring either a front or rear setback variance. It is impossible for the current owner to do any improvements to the principal structure along the rear without seeking variance approval because the structure was placed 11’ from the rear ot line. The grade-level deck which was constructed in 1983 would have been allowed as close as 2* from the property line. Now that the structure is to be converted to a three season porch# it becomes part of the principal structure requiring a principal structure setback of 30'. There was brief discussion regarding the removal of plastic liner beneath landscaped areas (316.5 s.f. or 5.57% hardcover) within the 75-250’ setback area with hardcover at 1,925.3 s.f. or 33.9%. The majority of Members felt that since the improvements were located within the 250-500* setback area, that additional hardcover removals within 75-250 setback area would not be required. The Planning Commission recommended approval of the setback variance application as proposed and adopted the hardships cited by applicant above. The enclosed resolution has been drafted per the Planning Commission's approval recommendation. A RBSOLOTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 5 (B) PILE #1633 WHEREAS, Andrew J, McDermott (hereinafter "the applicant") is the owner of the property located at 2702 Walters Port Lane within the City of Orono (hereinafter "City") and legally described aj Lot 1, Bloc)c 1, and Outlet 2, Walters Port, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit construction of a 12’xl3' three season porch to be located 8' from the rear lot line instead of the required 30', a 7'x8ii' bathroom addition to be located 10* from the rear lot line instead of the required 30', and a connecting 6' wide deck/walkway connecting three season porch tc north side deck to be located 18 ’ from the rear lot line instead of the required HOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota; FINDINGS 1. This application was reviewed as Zoning File #1633. 2. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District requiring 1 acre in area for each residential lot. The property consists of 19,343 s.f. or .44 acres. 3. The Orono Planning Commission reviewed this application on April 15, 1991 and recommended approval of the proposed variance based upon the following findings: A) The unusual shape of the lot B) The existing floor plan in relation to the proposed addition requires expansion along the west or rear side of structure. Page 1 of 4 C) The house has encroached into the 30' rear setback area for 23 years. Whereas the principal structure was placed 11' from .he rear lot line instead of the required 30*. 4. The City Council finds that the conditions existing on this property arc peculiar to it and do not apply generally to other property i.i this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substai ial 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 Commission, reports by City staff, comments by the applicant and the effect of the variance on the health, safety and welfare of the community. CONCLOSIONS, ORDBR AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit construction of a three season porch, 6' wide deck/walkway and bathroom addition, subject to the following conditions: 1, Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (May 13, 1992). 2. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 of 4 IL 3. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, hi^* heirs, successors and assigns, hereby agrees to the recording ^f this resolution in the chain of title of the property. Adopted by the City Council of the City of Minnesota at a regular meeting held on the 13th day of May, 199 . ATTEST; Dorothy M. Hallin, City CleriT Barbara A. Peterson, MayoY Property Owner(s) STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of May, 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor 6 City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 STATE OF MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) On this _ _ _ _ _ _ _ _ _ _ day of _ _ _ _ _ ___ _ _ _ _ _ _ _ _. before me a Notary Public within and for said county, personally appeared _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ ___ _ _ _ _i- - - - - -,known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES STATE OP MINNESOTA ) )ss. COUNTY OP HENNEPIN ) On this day of 199 before me a Notary Public within and for said County, personally appeared __________________________________ known to me to be the person(s) described Tn and who e x ecu ted the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBttC MY COMMISSION EXPIRES Page 4 of 4 yCITY OF ORONO - VARIANCE APPLICATION Initial Application Fee $175.30 ($50.00 per each additional variance) Renewal Variance Fee $100.00 (no change from original application) After-the-Fact Fees (Double application fee PROPERTY LOCATION Site Address VJCLfL-*o PcjA-r 1%. NwV - ^ « •4 . ir . Property Identification Number (P.I.D.) 1 ~ 1 I ~~~ ^ >- Attach legal description to application if not included on required survey. - . . • * I '%t \ • Vc Phone (home) H ~l & nr APPLICANT Name g-i£-uJ fi2_tvAQT~T" Phone (work) “72,*^ ' Addresstlmi \yv/Au>r£,t7^«^ FofiJr City: Zip; [ (if different than applicant) Name Phone (home) Phone (work) Address:City:Zip: Date Property Acquired V\ ^ ^*1 (month/year) I (do) (jdo notl)also own the adjacent parcels of land. PNB8NNT 08B OP PKOPBRTT Present Zoning District _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ Present Dae of Property Awl C:?i-Residential Other (specify) DESCRIPTION OF REQUEST Estimated Construction Cost $li,ooo.co Construct a 12' X 13' wide three season porch on cop of the existing 12' X 12'-6"wtde rear deck. Construct a small deck on the north side of the porch and connect it to the existing side deck with a 6’ wide deck walkway. Also Included as part of the work is a 7' X 8'-6" wide addition to the present 2/U master bathroom. This will then accommodate a bathtub and a double bowl sink which will convert this bathroom to a full bath. This addition will be attached to the south side of Che three season porch and the east wall of the house. VJUtlARCBS RBQOIRBD Lot Area Setback Variances ( Lot Width Front Hardcover Side X Rear) Other HARDSHIP Due to Che unusual shape of the property, the current floor plan of Che residence and ICs exisCing location on the lot, this is the only feasible way an addition can be conscructed. DESCRIPTION OF UNUSUAL PROPERTY CONDITIONS The exisCing 12' X 12’-6" lon^ deck which has been their since 1984, is 8 feet from the property line. Thi.“ deck replaced a considerably larger deck which ran along Che entire length or Che residence approximately 13 feet wide by 45 feet long. The building foundation, built approximately 1968 at its closest point is 11 feet from the property line. At no point will the three season porch be any closer to the property line then the existing deck is. The bathroom addition will be further away from the property line chan the existing dock is at its closest point. The existing property between my east property line and Pence Lane (driveway) was determined \inbuildable by the planning commission in the early eighties. The only buildable lot. for a family member only^ Is to the east of PENCE Lane, because of this decision there will always be a large buffer of greenspace between my residence and any future construction. I am also under the Impression that another part of the agreement between the city and the former property owner was chat when he was allowed to remodel 2702 Walters Port, he was Co deed a portion of this green space, which he also owned at that time to this lot. This lot would Chen comply with your current zoning regulations, unfortunately to the best of my knowledge, this was never done. 4 I V REQUIRED SUBMITTALS _1. Completed Application Form Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-6C3 Gcvt Center 348-3271). Plat Map vObtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 0‘j"xll" for reproduction). Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8ij"xll"). ■^.a Sketches ot plans of floor & elevation views (provide 1 copy 8H"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. 7. ^8. The Applicant and Property Owner must sign this application. Please remember that voor v arian ce application is not complete if the above Infnrmatlnn a*yt been included. AFFLZCAET'S SIOATURE 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 off his/her )cnowledge. Applicant's Signature /Date / ./ /omnns sigmatubb / The owner hereby ackowledges and agrees to this application and further authorises reasonable entry onto the property by City staff, consultants, agents. Commission members,/ an<^Council members for purposes of investiga­ tion and verification o^'^hisytequest. Z/c/ /Jl-l ^ Owner's Signature / ^ ^ ^/}Date Applicant 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 \ngs of the Planning Commission and Council. Xf an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building 4 Zoning Office of this change prior to the meeting. 0f/^u •'X . A#o « GOVT lot 5 - » •... j ••• J MN OATI OS/19/n MTCM OM mm AOM «MCR N«Mi TAXPAYER HAMi/AOOR • I pmm Aoofi ONNit NAHi TA)9AYtll HAW/AOOt TAWAYU NMi/AOM ! TAMPAYIi . IWC/AOOII M n-ii7-As ss oon 0t7A5 KILLY AVI R i J SHHART RQHAUI C A JIAN C STIHART I74S KILLY AVI ixciLsiOR m stm M n-ll7-n IS MSA 01710 KILLY AVI Lll R NUNCILrarZ Lll R HUNClUatZ 1710 KILLY AVI IMCILSXOR Ifl B5SS1 SO 21-U7-IS IS OOAl 01090 KILLY AVI OIL URHOFF DARYL L A LUCY S UPMIf 1099 KILLY AVI IXCILSIOR »9I S5SS1 SO 21-117-IS IS 0040 01710 PINCE LA MAN I riRRY MAN I TIRRY 1710 PENCE LAM IXCILSIOR m B5SS1 HimiPIN COUNTY PROPERTY INFORHATION SYSTEH PROPERTY (RtCRS LIST SO 21-117-25 25 0029 02701 PENCE LA N A ARSISI A S J ARDISX MICHAEL A A SUSAN J ARBISl 2701 PENCE LA EXCELSIOR m 35551 58 21-117-25 25 0059 02702 HALTERS PORT LA A J MCDERHOTT III ET AL ANOREH J hCDERHOTT 111 AND JEROME L SKITTER 2702 HALTERS PORT LA EXCELSIOR m 55551 58 21-117-25 25 0042 02705 HALTERS PORT LA HILLIAH N REESE JR A HIFE HILLIAM H REESE JR 2705 HALTERS PORT LANE EXCELSIOR m 55551 58 21-117-25 25 0047 00058 ADDRESS UNASSIGNEO A J MCDERHOTT 111 ET AL ANOREH J MCDERMOTT III AND JEROME L SKITTER 2702 HALTERS PORT LA EXCELSIOR m S555I REPORT NO. PI455401 PAGE 15 58 21-117-25 25 0055 02700 KELLY AVE R B RICE ADD RICE RICHARD B A DEBORAH D RICE 2700 KELLT AVE EXCELSIOR m 55551 58 21-117-25 25 0040 02701 KELLY AVI C E GARRITY A A G7 RITY CHARLES E GARRITY 2701 KELLY AVE EXCELSIOR MN 55551 56 21-117-25 23 0045 02705 HALTERS PORT LA DONALD H NELSON ETAL DONALD H NELSON 18505 HIFMTOMCA BLVD STE i;ay2Ata m 55391 58 21-117-25 25 0051 02710 PENCE LA DEAN E TERRY DEAN E TERRY 2710 PENCE LANE EXCELSIOR MN 55551 CO CO. tH OMCK NAHi TilXPAYiR ] K NMC/AOM TOTAL MTCH OOA OQOlZ n , I r'i;i t\ \ f!* H ;> I* i' IM4 DAn os/ivn SATCH 00*MCI04EPIN COUNTV PROPERTY INFORNAnON SYSTEH PROPERTY OttCRS LIST REPORT NO. PI4SS401 PAGE lA I t ' .••'4.1, :• •f : • •• '1 .'T • ♦ t,- Ixi i : 1 •. I; i ■: :i r ■■ CO CO t * \ 1 ' R t h VI ♦. # • I • 4 I • 1 CERTIFY TNAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HEMCPXN COUNTY DEPARTICNT OF PROPERTY TAXATIOH» TO THE OEVT OF HV KNONLEOGE AND BELIEFS yL/^' I I iH,mlik^DATE I I ! i * I % • V...I ‘ .f j • I * • » I \ k ‘ '• 1 • ;*•. 11I\ »4 • !• ; N/\/^ wT- ^ -HARDCOVER CALCOLATIGN .iCnKintij—__^ SETBACK ZONE: (CIRCLE CNE) C-*5' /T--50 ^ « -M ^ Existing Hardcover in Zone Wni 1C?I ‘A’ ;h X —H ^. w ': '. '4 . "1 i 1 r i LENGTH WIDTH X ;S.r. 1 O X fj"S.F. X S.F, X S.F. /i A A X S • F t ”1,5 n tf% V % A V TLH X HO q/«o S.F. XO' /O X H ^.5 1 0 SCo 50 \ no S.F. 3 0.H C r nc!JAi /1 X H -7^S.F. 1 A 3 X 1 ^S.F. M/^X S.F. Patio /D eck X S.F. 1 Aimtti*A06 X 5 q ^S.F. AREAS 3 q UNDERLAIN AW X H IMG S.F. PLASTIC 5 1 a.*3 • SHEETING 3L.0 X 10 _S.F. 1 5T 35rX315 S.F. nnjcs X S.F. « f Rl 7^ AlC «S.F. lOTAL nARCtUVCW IN Total Property Area in Zone SGlS S.F. £ I q XS.~b> -:-[T| 56>lS' x 100 *% ■ % “ J ^ Vsi u ^ U .’v_l r'-o r'. -iV.rvLu^♦ i.» u.-^u^i iu*i iiUi.iN^i.fc-^. ^ ZONE: (circle cne) C-75' 7:-2 Exii.'iNG Harcccves in Zone C,T» ''C ^ 4mmr ^ ^ ^ A H ouse X . 3 S • r • M • LENGTH width X . ' ^ 3 1 3 ^ > '.0 S« r • / S'1 \IL^S"1 X ,a S.F. m • X .a S.F. — X .S.F. fl flASA/*e NJ llV — X m S.F. Do f \Z^AY — X ^m S.F. 1 ■ — X ,m S.F. n CrneuAt \t VJi/u X .m S.F. hi* ' X _m S.F. RvC.lk.R.X .\XvV a IML.M\S.F. E.Jatio /' 1 6 \ HM.CO 1 < )ecx 1 \.g>X _m no.n?i S.F. - ^3 16*0 « 1 Aiifl«r ADC H _ X .9 ___LD-------S.F* AREAS ^o n-UNDERLAIN ■ W o.r A X .m f uaZ__S.F. PLASTIC a X'^ u r\ • SHEETINS X .%w ixft S.F. cr TjO 1 ^ *16 H'S A X «-n m 7 M S.F. -1 1 "T 6. Other . X .-S.F. 0^0 i '______ : IN ZoneTotal Har Total Property area in Z one '•L ‘'.\?-i X 100 •Vlf)0>l£.4 B l'X,‘=Uft S.F. (7 ^°Ai '% r HPA, Harcccves im Zone - A.House ^ j — LENGTHa.'I; •6 T. a o ■ ^ B. Garage NJ L c. D riveway Mi. 0. SlOEWAL.< 1'^ *pa.c»t- cz ,g.^a~ E. Patio/ Si&E- D eck -3 •X S I l.^ F.Landscape AREAS UNDERLAIN BY PLASTIC SHEET!NO X X .1 w • • cr".^ y -» w w A ^ ^ w C3 t --t-. r- r r .c 1 s o>_ M t-l S « r . WIDTH \ ^ s ' :.z •T-(.^0 S. r . . \ m ' 1 b 6s % V S.F./'., -71.7nX UO'^^1 S.F. S.F. m S.F.1 S.F. tEsssA « S.F.; J S.F. y & , J *1 ■'i 45 V ?,/0 S.F. ; MV X2..^ Zl.b ____LS_S.F. , y -a i H H lO'O^i S.F. 3 m 15 S.F. HOI S.F. S.P. - - X S.F. s. O ther Total H ardcover in Zone S.F. S.F. Total Property A rea in Zone IS S g .1 m I 2 ^ ll^AlS-S.F. B Y ICO • 'X^oJo__% Cert I r JC4ti- of liurvo)^or Andrew NcOemott of lof I, Block I and Outloi 2, >’fnnepn Coon^r. Minnesota I j Ji j I 4 ■' J *trt»r 3 .A^OOM L'Z'W r^r#M*iUtto« of • torvfr of tf.* bou»o«r,ot of tol I. **®V*,1* ®''***J \*?t***^^ ***** * "0«#ielw»|y* MSMOAt for ingrott «nd vorots ovrr Oudott I ano J all in «cd^in9 to tno rocontrO pUt tOoroof. Tho C«u bouno«ry lin^ of S4id pl«t it 5, JudKidJ IdodMrti tAi punuont to forrMt Cdto W. I4S46. 4««d tho locatiM of tn p.ittino iwuw. .ait dOvKt. drivoMdy 4nd iJo poorr polot. It Oort not purport to thou onjr othrr idprovraentt or rncroocnaemt cofFiN t GanNRcm;. inc Ddto . 4-29.a; ■lull !• II 0 : Iron m§rttr %wam. Judicial tanOMani i?^lf : S|iO( flavation Mor TO «=iwAw4l Ho. T77T5 EnQinaars, Land Surveyors. Planner^ Long Lake. Minnesota C^rt if ic«te of Survey for Andrew ^Oer»w)tl niwC^ 1 jnd Out Ml J. »♦ l<r«finpp]n Coun^/, rr-«#« i s *\• 9 "^ ?• % » 1 iN^r.^tiy Certify tfi.il this IS A true «hd correct repretentitloh of 4 survey of »t>e bounderlos of Lot 1. tlowA I. Out tut 2. tooether with 4 nooeictuslvt eoffwit for ingress end egres. over Out lots 1 and 3. all in W4lters-^ort. according to the recorded plot thereof* The C#st boundary Mr of sai J olat is iwarted by Jwutcial landmarks set pursuant to Torrens Case NO. 14546, and the location of an rusting house, walk, docks, driveway and two power poles. It dors not purport to show any other i»provp«enis or encroacheent s. COFFIN A GRONRCRG. INC Oate Scale o #/j^, 4-25.67 r . 40' Iron narker Judicial landaarii Siiot elevation ^ TTTSS Engineers. Land Surveyors. PLanno»", Long Lake. Ninoesota L- ■SHrrr i r -4wo«ew' nc os'KMorr ZftX. t^AcrgAi PoAr L*J. onotJo t maJ. 72r~ ^s^r^? LOCATION ON SI •IWO'(n^ u / LCO(f£H HATES ***£ to St rttfijto Xxl0’* LA(,&SO TO EXIjT. H»oi£ ujACL. DECK!^ FRAMING PI AN jat^T H^A^t,£Ai To BE iJi£D Tyf'ifALUV M RONT VIEW iiM CONST DETA lIMlfa 7 /‘ * ' ».vt ' - V . _ --_i' - B-l Com. ®“^Shogping I^rLcd. VtWk ••v. 34.242 MUNICIPAL '’DDE OF ORONO 34.242. served: Lot Area Acre 1 Acre Adjacent to Other Lot 10 feet Lots.The following minimum requirements .'hall be ob- Lot Width 140 feet Side Y ard Adjacent to Street 20 ‘ect Front Yard 35 feet Rear Y'ard 30 feet 34.310. R-ID: Permitted I’ses, Within the “R-lD ’ One Family Use District, no structures or land shall be used except for one or more of the following uses. Any use pennitted in the “R-IA” Districts. 34.320. R-lD: Conditional Uses. Within any *‘R-1D" One Use Di.s- trict. no structure or land shall be used for the following uses except by conditional use permit. Any conditional use permitted in the "R-IB" Districts. Planned Residential Development (see 38.600». 34.330. R-ID: Accessor}’ Uses. Within any ‘‘R'lp One Family Use DiuLrict no acceasoxy sliucluies oi u&t >f laml &uau oe pniiuneu c.\- cept for one or more of the following uses. Any accessory use pennitted in the “R-lA Districts. 34.340. R-ID: Area, Height. Lot iVidth and Yard Requirements. 34.341. Height. No structure or building shall e.xceed 2^- stories or 30 feet in height except as provided in 38.900. 34.342. Side Y'ards. A side yard abutting a street shall not be less than 15 feet in width. 34.343. Lots. The following minimum requirements shall be ob- Front Y'ard 30 feel served: Lot Area Lot Width tA Acre 100 feet side Yard Rear Yard 10 feet 30 feet 32-14 1-1-68 To: Proa: Date: Subject: Mayor Peterson & Crono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building 5 Zoning Admin"fi^^ftiOr 70/»- April 8, 1991 #1635 John O'Sullivan (O'Sullivan's at Navarre), 2420 Shadywood Road - Commercial Site Plan/Variance - Public Hearing Pertinent Ordinances - Section 10.40, Subdivision 2 - All applications for building permits within B-1 Retail Sales District are subject to review and approval of the Planning Commission and Council. 7.pp licant seeks approval of a 10'x25* concrete bloc)c equipment room and storage area to be constructed along east wall of car wash structure. Section 10,40, Subdivision 6 (E) - Structural setbacks. Required Existing Proposed Variance 15* (adjacent to B-4 lot line see Exhibit J) 18' 8' 7’ or 46.6» Section 10.40, Subdivision 6 (F) - Review of fence/wall standards for B-1 district. Fencing no less than 6' in height or evergreen hedges required adjacent to residential lot lines. No specific standards or limitations for fences or walls adjacent to commercial lot lines. Existing Setback = 7' Proposed Setback = 5' Existing Height = 11' Proposed Height = 11' (consists of 4ij to 5' retaining walls that support adjacent cut into bank with approx. 6' high fencing placed on raised grade adjacent to FWBI property) List of Exhibits Exhibit A - Exhibit B * Exhibit C - Exhibit D - Exhibit E - Exhibit F - Exhibit G - Exhibit H - Exhibit I - Exhibit J - Application Property Owners List Plat Map Floor Plan Elevations Site Plan Gustafson Report Engineer's Sketch Site Plan/Survey Existing Facility Zoning Boundary Zoning File #1635 April 8, 1991 Page 2 of 3 Review of Coomercial Site Plan - ' The 10*x25' storage facility is needed to provide additional area for equipment needed to ”rarade existing car wash. Mr. O'Sullivan has advised that the nt-- system will allow the removal of the cleaning brushes and the installation of a with high pressure chemical cleaning system. There is no room within the existing car wash to support the pressure tanks needed to service this type of car wash. The structure will also serve as additional storage area for the entire facility (not storage of additional goods but maintenance type equipment). Review of Application #958 - Application #C58 involved the major upgrading of the property to a convenience store/auto repair/car wash. All conditions of the original conditional use permit/v •'riance application have been fulfilled by the applicant. The ^^roject has been most successful. Traffic patterns approved on the property have worked most effectively. There have been no accidents as a result of the applicant being allowed to maintain the two curb cuts close to the intersection of County Roads 15 and 19. As a patron of O'Sullivaii® and staff member, I have never noted a problem with parking at the facility nor has the City received complaints (parking stall variance granted with 1958). Review of Current Application - At the time of the building permit review, the car wash portion of the new improvements was not sprinkled. There is nothing in the permit file that provides the current staff with any background on why the car wash was not installed with the required sprinkler system. The building department will ask that the concrete block structure be sprinkled and at the same time install a system within the car wash. The Building Department advises that the cost to include car wash is minimum because lines have to be extended from auto repair through car wash. The applicant seeks setback variances for the proposed addition. This setback is sought from the north lot line of the PWBI. The Institute is located 100 + ' from the lot line. The only adjacent structure is a garage which was installed by the University of Minnesota without the benefit of a building pe^it review. The structure appears to be 25-30' from the lot line. There is no other suitable area to install the facility as it must be adjacent to the car wash structure. The existing grade along the east lot line minimizes the structural impact as the elevations at the FWBI lot line are higher than at the car was + elevation. Fencing will minimize the impact of the 12* higu structure. Zoning File #1635 April 8, 1991 Page 3 of 3 The existing cotton trees will be rer.oved as a result of these improvements. Applicant may be asked to provide some evergreen plantings within the east side yard where fencing and retaining wall have been Tocated closer to lot line. will existing grade and privacy fencing structure be enough to minimize visual impact of the encroachment of addition? The roof and exterior proposed concrete masonry block will be consistent with exterior of car wash on east side. The existing east wall is 18' from the side lot line. The proposed storage addition will be 8*. Please review Exhibits G & H for the Engineer's review comments. His recommendations have been included in the staff option for approval. Options of Action - Denial. If variance setback application is to be denied, what other options can you recommend to applicant? Can upgraded equipment be placed above car wash structure? Approval. To approve John O'Sullivan's request for a building permit to construct a 10'x25' storage/equipment structure on the east side of the existing car wash to be located 8* from the side lot line instead of the required 15', subject to the following conditions: 1. Applicant to install a minimum 3* wide bituminous swale providing positive drainage to north from south parking lot. Swale to be sloped away from building at a 1/2 foot slope. 2. Options on request for evergreen plantings along east side . new addition: required or not required? 3. Upon application for a building permit, applicant to provide building department with more detail on retaining wall installation (i.e. cross profile, type of support, etc.). 4. Addition shall be constructed of similar exterior materials used with car wash structure. 5. The new addition and car wash are to be serviced by an approved sprinkler system. Zoning File #1635 April 30, 1991 Page 4 Additional fi—ii nt n and Planning Commission Recomendation - John O'Sullivan was asked to explain why the additional area needed to support the upgraded car wash could not be achieved to the top, below or within the existing building. The applicant advised of certain mechanisms where liquids may freeze if stored on the top. In addition to being an eyesore, it would impact the integrity of the design of the structure. If the new equipment was to be placed within the car wash there was always the danger that the sensitive computerized equipment could be damaged by water* The high water table and ease of access restricts use of lower areas* Placing the structure to the east side of the building would minimize the visual impact from both roadways and from adjacent Fresh Water Institute* In consideration of the condition that would require landscape/plantings along south side lot line adjacent to Fresh Hater Biological Institute, the Planning Commission determined no need based on the placement of a privacy fence and the higher elevations of the Institute's property. The Planning Commission recommended unanimous approval of the side setback variance for the proposed 10'x25' concrete block addition and approved the commercial site plan for O' ,ui’’vans. The enclosed resolution has been drafted per the Planning Commission's approval recommendation. A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.40, SUBDIVISION 6 (E) PILE #1635 WHEREAS, John O'Sullivan and Erwin Smith (hereinafter "the applicants") are owners of the property located at 2420 Shadywood Road within the City of Orono (hereinafter "City") and legally described as in Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.40, Subdivision 6 (E) to permit the construction of a 10'x25' concrete bloc)c addition to house equipment needed for upgraded car wash and additional storage area along east side of existing structure to be placed 8' instead of the required 15' from the side lot line. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1635. 2. The property is located in the B-1 Retail Sales Business District. 3. The Orono Planning Commission reviewed this application on April 15, 1991, and recommended approval of the proposed side setback variance based upon the following findings: A) Additional storage area could not be provided beneath the existing structure because of restricted access and water table problems. B) Equipment and chemicals to be stored would freeze if stored on top. Structure would be an eyesore and destroy exterior design of building. C) The computerized equipment to be installed with upgraded car wash may be damaged with moisture if it were to be located within car wash structure. Page 1 of 4 D) The addition will be virtually invisible from roadways because of existing elevations and placement of structure on property. 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary 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. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the variance on the health, safety dnd welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.40, Subdivision 6 (E) to permit construction of a 10’x25‘ addition to the east side of the existing car wash structure, subject to the following conditions: 1. Applicants shall install a minimum 3' wide bituminous swale providing positive drainage to north from south parking lot. Swale to be sloped away from building at 1/2’ slope. 2. Upon application for a building permit, applicants to provide building department with more detail on retaining wall installation. 3. Addition hall be constructed of similar exterior materials used ‘.th car wash structure. 4. The new addition and car wash are to be serviced by an approved sprinkler system. Page 2 of 4 5. Authorities granted by this resolution run with the’ property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (May 13, 1992). 6. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. 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 title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 13th day of May, 1991. ATTEST! Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor John O'Sullivan STATE OP MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) Erwin W. Smith The foregoing instrument was acknowledged before me on this 13th day of May, 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor 6 City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 1^. r p*'I? (';'^vm- r 'ii,. •■ .W:f? < 5^v V,, f.k " tIt r', f^-- U: Kv-. i-"' :•* V •• ••(JUji A RESOI.UTION GRANTING A CONDITIONAL USB PERMIT PER MUNICIPAL ZONING CODB SECTION 10.40, SUBDIVISION 4 (B|, VARIANCES TO SECTION 10.40, SUBDIVISION 6 (B) AND A VARIANCR TO SECTION 10.61, SUBDIVISION 10 AND PBR SECTION 10.40, SUBDIVISION 2 APPROVES TUB COMMERCIAL SITE PIJVN AND BUILDING PIJVN APPLICATION PILE 1950 tio^ yT P.I.D.i 20-117-23 11 0002 / ?0 117 23: Corcr^iicing at a i oint in North line of Sectlon\ ( ^ fior: North 1/4 corner thereof thenceX =|r HH™ ) \ thence Ncrt hwc St Cl 1 y along raifl center line to North line off \ Goveriir.cnt Lot 1 thence Far,! to I'cgim.ino except r. nd Section 17 and/ :llomcpin County, f.i r.nesot.T Oici ci n.if • cr "prcpci ty'*); a to I Wlir.Ki:7tS, the aripJic.i:.* *,,ir rr.cv’f r.{>; Jication l»i the City of OPMC tiMJl the e>:pai:rjt:i r! t ht> txiMjnu lull j.rrvico station uso »««• r..tion 10.4r, rct'divil ,o:. 4 ir.l, |CI ?<ct Sor. io.Vo, Subdivision oVeI**?* aofiin Jt r.<sAfr _____i___. _ - **«»,*« oncoagain a giant an 35 feet setback is required, per ‘'cction 10.61, Subdivision 10 to oir-strccl parking variance of 3 stalls or 121 whore 26 stalls are * m*‘*^!»* * prof oscd use ievcl of the prt'perty and per il.%4, .ub;.ivision 2 seek* apfteve of t tic ceii.rcrcial site plan and fo'ility ccns,stii:g of a convenience stc service ctiiticn/car wash. Section buiIding store/t ul 1 v.’rRiTOM', r? . :.v,. •'1 '■ ■ ,■ ;-i:V t « -V ! ; ' n ; :i • •i?CXTT » ommo - VMtZMKS APPLZCMFIOH Initial Application Faa $175.00 ($50.00 par aach additional variance) H^nawal Variance Faa $100.00 (no cbanva from original applicatioi^ Aftar-tha-Faet Fees (Double /6 ------------------------------ wnant LTT uxxncm a.WO- 0 ,'sV) ■'<CA0 ! •it# Address , rvv -rwa r » wr T H fxoMsty Zdantifieation lluabar (P.Z.O.) 2o ^ f /I ^ -1 ! • oOAZ. Attach legal description to application if not included on tarred survey. r ■ ,vAtf£ rmi n £3 175.no r^k- 1J # (4. ^f »ti\) <9 *Su C L.» v*»l rV^ Phone (hoMa) ’c(U -^1 TlUSi ’ 0S/2Z'91 - Phone (work) i-cnzC V I ■ rf r« rt w ” — - CP /i O ^ *' ««« —* ^ jVddr*nu» 8g«4T i?4iA;c»«w*<vtw: Cltvt ✓»*/•*/><■> frA'«V _ TiTTfrl (if different than applicant)Phone (home) Phone (woric) ii"Address s City*zips \ Date Property Acquired (BK>nth/year) lii'Z (do) (do not) also own the adjacent parcels of land Present Zoning District ft-i Present Ose of Property Residential __________Other (specify) fe.r ■ y Bstimated Construction Cost S Oeseribe request in details 9' i^0rj2f'CcAjcAeT^ G ^-^flfid^tT 1:.:.:teMUfffZni €P K $ Det Area •etba^ Variances (, Other Lot Width Front Hardcover Side Rear)4 Vj •) •. ‘ 0«serib« ttndu* hardship or practical difficulty resulting frsn strict anforcenant of zoning regulations t 'ic j rtA^ii .-tcr>v>w adm« or oaosiiiii. psoptttrr cohditioii ^ Oascriba unusual property conditions preventing conpliance with Zoning Raguiresients i (Sc- ' ~ ^ 11 1. 2. D SBUTtlLS Compltttttd Application Form I 3* 4. S. I «- f ■: 7. Certified Property Owners List of oimers within 150* (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271). Plat Nap (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8%*xll* for reproduction)• Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8ii”xll*). Sketches or plans of floor i elevation views (provide 1 copy 8i|”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. Applicant and Property Owner must sign this application.^ Please that vomr varlan^Tit application is not oomDlete if . I I 4 The applicant hereby agrees to provide all information required or ceqnested by the Zoning Administrator, agrees to pay additional fees (staff - tfme not covered by original fee payment) and/or consultant expenses I inenrred in review of this application, and certifies that the information ||jnNpplied is true and correct to the best of his/her Icnowledge. t' _______Date ^ /y /Applicant's Signature . Thm ovner hereby aekowledges and agrees to this application and further k amthorises reasonable entry onto the property by City staff, consultants, afomtSr Commission members, and Council members for purposes of investiga­ tion and verification of this request. Osnef*s Signature Isubmittals intol^licant most have alT submittals into the city offices 2S days before the Planning Commission Nesting. Planning Commission meetings are held on the third Monday of eaoh month. Applicants mast bm present at all mchedml^ wmwimt mamtiafn cC the Plaanimg Commiasiom and Cooncil. Zf an applicant is anablc to attend a scheduled meeting, please make arrangements to have an - anthcrised agent attend in your place and to advise the Building a Zoning k Cffice of this change prior to the meeting. \ :5 DUN 0A1I ta/li/CS I'tHN «tS rM0 «BP0 f::Mff> ItttC 1A>rAlC0 t:.*ttr/«eot rW AH0 «aa» iMni 1«M0AfCffwm/$v» W^. rW MM «»«■ IttW iAmu0 MttC/MM rror msr C.M# t;:*PAtl» 0^^'- 0,4 .•’i. • WMi mMKPlM COUMTf ngPOITf INPCMttTION tmM l«OK01f OUNtM ilSf Si l?-IIT-tS 4i Mil •Sl«t SNORfLlNI it IMtN N ItfttM t Hirt IMIII U nMf M fSii lATAnm M Ittff *U MM MS«I Si ti*liT«ts II Mit •2«»i tiuoiinaQ fo MMCtia tcivtcc CKHfIM VDiMIW ICiVICC CCMIlffi ciPt li I If NAViraC MM itSiS Si ti*ii7>ts II tilt MAii tHMfUOM tU PAUL N INSiUin tTAi M PAUi N lltSiMA tW 41 IIAVAitt itATtON UMtAlA 131 iiSil lOfAl iAICN •82 iOiOf .wi KMtfT NQ. 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A ic P C PE Ce:OPvifr Pf ioert P 0«eo*owr Pf Giry 4r Monfn PE C^4rtPt A fnciuon LfoM Pmmmy lAjrjn M Olon April 3, 1991 Chy of Orono Box 66 Ciystal Bay, MN 55323 Attn: Ms. Jeanne Mabusth Re: Navarre Service Station Variance Application #1635 Our File No 139-1635 Dear Jeanne: We have reviewed the proposed expansion of the Navarre Service Station to create a new equipment and storage room. Site drainage and constructability factors are the significant engineering issues. *• •pansion is 25* x 10“. The construction of the room will necessitateThe proposed storage roo< removal of p^ '^e e ng timber retaining wall and fence along the east side. The construction \ block the onfy available drainage route for the south parking lot. We recommend tlu .»uniinoiis drainage swale be constructed along the east side of the proposed insion. The swale should be a minimum of 3' wide to allow for snow removal. The rirni^tmcfi^ of the swale will require that the retaining wall and fence be reinstalled ■ppiofldmatefy 4* to 6’ east of the present lor»tion. We recommend that the large existing • cottonwood trees be removed as th^ would present a safety concern because much of the root foundation needed to support the trees in strong winds would be removed. Hie owner diouid be required to provide a new plan with the modified drainage swale, retaining waO fence location shown. The bituminous swale should be sloped away from the buildiiig at a l/2f/ft slope. The swale, retaining wall antf.. ice should be tapered back at both ends of the buil^ to allow a smooth transition into the .^ting topography. (See attached sketch). Please contact this office if you have any questions. Yours very truly, BONESTROO, ROSENE, ANDERUK A ASSOCIATES, INC 1>. Shawn D. Gustal SPOUi f'S)| 16 • St, Anil, ifinnes eta SSI11 i 612-6344600 i 4 1 1 1 ; i il iSiUJVw^(Htwro. Mt ..... /'■-•s 1 (•• ..’’j 1 ' <iJ /j 1 •; •-|1 . 1 IV ir .1^ 4 h W' )! j i 1 i I r H .iVTr-r-n .• “^"T TTrrt'’ MM f** V * • • / U- ** • w • • • • “• •% • L,1 — -•- • • b ••C II•l^•S 'iSpj ‘9ir.gegvfef »T1m 77^ T: I •• ti^- I fc.,j ^ I ----rr— -----T I 'T^exi ^ •f • • h\.J •JT.. m,-- m; %! mr^C; #•m& p©#' yssjpi" m- Voi Mayor Paterson & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members Dates city Administrator Bernhardson Jeanne A. Mabusthr Building & Zoning A April 11, 1991 JlHitiforg. Subjects #1638 City of Orono, 1285 Bro%#n Road South - Variances - Public Rearing ''"Mr Dertiimt Ordlnanoes - Section 10.03, Subdivision 9 (A) - Accessory structure proposed on property that does not sustain a principal structure. The structure is merely a storage facility and itains no offices or use that suggests a principal use.>1 • > I Section 10.03, Subdivision 9 (02 - Variance required to alloeed footprint area for oversised accessory structure. 0*1.99 acres (property consists of 38,802 s.f.) Individual Structure Allowed ■ 1,000 s.f. Proposed ■ 4,800 s.f. (6*7 acres needed to support 4,800 s.f. structure) Secticm 10.03, Subdivision 14 - Lot coverage. Allowed Structural Coverage ■ 5,802 s.f. (15% of 38,802 s.f.) No variance required. Section 10.28, Subdivision 5 (B) - Setback variances sought to RR*1B standards. Existing Proposed Setbacks Variances cty Rd 146 -1'2"25* Crystal Ave 0*10* Propect Ave 130*125* Nest Side 108*110* list of Lot Line Ibite Bxhibit A - Application exhibit B - Notice/Property Owners List Bxhibit C - Plat Nap Bxhibit D - existing Survey Bxhibit B - Conforming Site Plan Bxhibit P - Proposed Site Plan Bxhibit 6 - Floor Plan Bxhibit B - Elevations 1 y I jI 'T!’:a"'-':Zoning File #1638 April 11, 1991 Page 2 of 3 •eview of Application > The existing storage facility on the subject property is in ^ serious deteriorated and hazardous state. The City proposes the iii^tallation of a "temporary* storage facility, 50*x96*. The accessory structure is a pole barn (review Exhibits G and H). The structure is classified as temporary because of the plans to relocate the Public Works facility to another more suitable site. The structure will be used for the storage of sand and salt and ether equipment at a new site at same unknown date. The City is t to determine how temporary the use of this structure willlUMhle >iww —-- --- - - US it depends upon acquisition of a more suitable site tor a Public works facility and funding that has not been determined as of this date. The structure will have a permanent foundation (oontinuous footings) the storage structure will not require the Installation of an approved fire suppression system because structure is less than 5,000 s.f. in fact# the Public Works Director felt that he had no option as far as selecting a larger Facility because of the increase cost of sprinkling on this site ($150,000 or more). Review Exhibit E, the structure is shown meeting all required street setbacks. The employee parking lot would be reduced by two thirds. The current open yard storage area is reduced and the much needed mixing area for salt and sand would be lost. The City must ask for approval of the variances noted in order to maximise limited use of space, minimize inpact on site created with relocating uses on site and minimize costs to taxpayers as use is temporary. The City has explored the rental of storage areas in adjacent cities, but the cost of rental for one year well exceeds the cost of purchase of a temporary storage facility (especially a facili" • that will be used for storage of other materials and equipsMn t a future date). Council did not accept the rental of storage a.. . as a viable option. Opti< Approval as proposed requiring approval of the variances ■ on the following hardship:noted above, based 1. The property is surrounded by roads on three sides and mall resxdential lot at the west side - Inability to increase area of site. 2. Shape of property 3. Temporary aspect of use as structure will be moved to a more appropriate site at a later date. 01 .... 4. M- 1 i 1 m ■■■ *5'. fer Z<mlng Fil« #1638 April 11# 1991 P«9« 3 of 3 4* Approval of variances will result in ninlsiuiii impact on existing Improvements and allow functional use of the limited site. Denial. Denial baaed on the position that it is not appropriate for the City to grant variances for either a permanent or temporary use» especially since the temporary nature of this use has not been defined as far as the period of time in use. If this structure Is to be used by the City at a later date# then it may be appropriate for the City to acquire a more suitable site for the Installation of the pole barn as the pole bam will be Installed with a full foundation. The Public HOrks Department may be given an option to select a larger facility if site selected has municipal water available. In addition# It would be a savings to the City because there would be no need to reinstall structure at a later date. April 30# 1991 and Planning sioo leoonmendatlon - The Planning commission recommended unanimous approval of the variances proposed by the City for the installation of the temporary storage facility* 50*x96*. The Planning Commission Members noted the following findings and hardshipsi 1. A hasardous condition exists posing a serious liability for the cltlsens and employees of Orono. 2. It Is inappropriate for the City to effectively re-do the entire site to reinstall required improvements as the building will be Installed on a future site meeting all required setbacks and standards of the sonlng code. 3. The structure Is being installed for a temporary period of time and will be reinstalled at a permanent* larger site at a future date. L't. SS: i^- gj t SV-’, ;.^r- V-o Sk^ tifl- h moumoa ajumac viuMcan foNoncimL wmxm am ncnm io.03» soaDxvisxoa 9 (a)« ncnoa ia.93, raoxvisiaa 9 (02 m ncnoa lo.at, smoivisxoa s (b)FILB nc3s WBBBBBBr th« City Of Orono (heroinaftor "the •pplieaat”) la the owner of the property located at 1285 Brown Bond South within the City of Orono (hereinafter "City") and logally deacribed in Exhibit h, attached (hereinafter "the prop«rty*)i and OhSv the applicant haa applied to a to Maaicipol Boning Codo Soctlon 10o03# Subdlvioion 9 (A) to pomit tho inatallation of an acceaaory atructure on a proposty that doea not auatain a principal p^mcture or uaei ana a wariaaoo to Section 10*03# Subdiviaion 9 (C)2 that would permit mm owerelaed acceaaory atructure at 4 #800 a.f. on a property that oonaieta of 38#802 a.f. where only a 1#000 a.f. atructure »»ould allovedt and a variance to Section 10.28# Subdiviaion 5 (Bi aeakinp approval of aetback variancea aa followat A.County Road 146 (South Brown Road)t Required ■ 50* ProMaed - kriaiVariance - 25* 25*or 50% B.Cryatal AvenuetRequired - Propoaed ■ Variance • 50* 10' 40*or 80% PON# Tl Orono# Ninneaotat ORB# BB XT RBSOAVBD by the City Council of 1. Thia application waa reviewed aa Zoning File #1638. 2. The property ia located in the RR-IB Single Family Rural Reaidential Zoning District requiring 2 acres of dry buildable land. The property consists of 38#802 a.f. or .89 Page 1 of 4 r & !: I %■f.. H JV f-m. If.' By- ■.-••• V • k- b 'k !i' i?'I v'; WW‘i-. 3* Th« Orono Planning Coomiisslon reviewed this application on April 15, 1991, and recommended approval of the proposed variances based upon the following findings: A) A hazardous condition now exists posing a serious liability for the citizens and employees of Orono. B) At this time it is inappropriate for the City to re-do the entire site reinstalling existing improvements . C) The structure is for temporary use and all required standards will be met when structure is reinstalled at a future date on a larger property. 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 variances woul<*. not adversely affect traffic conditions. light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the variance on the health, safety and welfare of the cossiunity. OOKLOSIOn, 0 Based upon one or more of the findings noted above, the Orono City Council hereby grants variMces to. M^^cipal^ Zoi^ng Cede Section 10.03, Subdivision 9 (A); Section 10.03, Subdivision 9 (02; and Section 10.28, Subdivision 5 (B) to permit the lAStallation of a 50*x96* tesgiorary storage facility as pniposed, subject to the following conditions; 1, Authorities granted by this resolution run with the property not with the applicant, but are permissive only a^ 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 (Mayl3, 1992). Page 2 of 4 ■i-V.' -»• '.'r »*. B>>-f-.■I- W I: m. Hi':- ■ •. :■ ■*ffevvtf!.: »? §Sv- %“ ;;i? 2. Violation of or non-compliance with any of the Uenna and oonditions of this variance shall constitute a violation of the sonina code# shall autosiatlcally terminate any authority granted herein# and shall be punishable as a misdemeanor. u .’surs.’W; 5S.'r?.ii5 terms of this resolution and on behalf of the City of Orono# its successors and assigns# hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono# Minnesota at a regular meeting held on the 13th day of May# 1991. ATTESTI Dorothy N. Ballkn# City Cleric Barbara A. Peterson# mayor John E. Garhardson STATE or MIMBESOTA ^ OF BEMIIEPni Public Works Director ) ) ) The foregoing instrument was acknowledged before me on this I3th day of May# 1991# by Barbara A. Peterson s Dorothy M. Eallia# Mayor a City Clerk of the City of • *ono# a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 4 ^ rr h 1*1 cm or OMMO - vnoakb applzcksioh I;.. ^ r *j' Initial Application Fae $175.00 (150.00 par aach additional variance) Xnnawal Varianca Paa $100.00 (no change from original application) Aftar*tha*Fact Paas (Doub.' application fee) #1 -a • .r W o r HWtliffr LOCATXOH Sita Addraaa k.l So. Vy I’ Iropaxty Identification liunb« Attach legal deeeription to a|.*» sequired survey. I.D.) .cation if not included on I' trs'-AfffUCMff Phone (home ) Ml-ir^ii • m C9 V*Phone (work) Address» fo _ _ _ _ _ _ _ _ City; r2ip» mvM.^ (if different than applicant)Phone (home) Vane Phone (work) fc- IK. ■I-.:- AddressI City;Zips IK |f4.' mi- Date Property Acquired (month/yaar) Z (do) (do not) also own the a jacent parcels of land. mn MM MT n /s n frM«at Sonlng District k K - I o •t V. Other (specify) I ‘ • 'i • ;Bstimeted Construction Cost $. Describe request in details >57^^^ i s I I • ^ » V y Lot Area •etback Variances ( Lot 14dth _ _ _ Bardcover l/' -- - --Rear) mi": iM. M& Otter .g it.^ .s _'ST>-««r7%: m ■J BARDSHIPDescribe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; Code Bequirements: Ji U MM 1. 2. 3. 4. 5. 6. 7. 8. riBSD SUBMITTALS Completed Application Form . Certified Property Owners List of owners within 150' (you must obtain this list from Hennepin County Department of Finance A-603 Gcvt Center 348-3271). Plat Map (obtained with property owners list). . , j Certifie»t. of survey (signed by a licensed surveyor) to itolode hardcover calculations as requited (provide one (1) copy 8ij"xli “ for reproduction). . u _ Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy aJj-xll"). Sketches or plans of floor & elevation views (provide 1 copy 8Jj xll ). As an addendum to this application, please attach a separate list o any other 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. remember that voor variance application is not—ccegjlete—if—the , _ not been included. AmXCABT'8 8I6HAT0RB • ^ __ The applicant hereby agrees to provide all information required or reouested 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. ^^' Date 3 Applicant's Signature ±L The owner hereby ackowledges and agrees to this application and authorises reasonable entry onto the property by City staff, consul t^ts, agentSr Coamdssion members, and Council members for purposes of investiga ­ tion and verification of this request. Owner's Signature Date I.; Applicant must have all submittals into the city offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are he on third Monday of each month. Applicants must Mm cmwlew msTTf-^ of the Planning CosMission and Council. If an applicant unable to attend a scheduled meeting, please make arrangements ^o have an avtbinrised agent attend in your place and to advise the Building 9 Offige of this change prior to the meeting. i <■ I- I'- W ■f' 'h • CBRTIPICATB OP MAILING STATE OP MINNESOTA ) ) COUNTY OF HENNEPIN } ss. ) CITY OP ORONO ) I, Jamie Boama, of the City of Orono, Hennepin County, Minnesota, do hereby certify that a Notice of Public Hearing concerning the matter of #1638, was mailed to the attached list of property owners . In Witness Whereof, I have hereunto set my hand and seal this 28th day of March, 1991. Ja^xe Bosma fr' - - - CITT OF ORORO - HOTICE The Planning Coitunission will hold Public Hearings in the Council Chamoers at 1275 South Brown Road on Monday, April 15, 1991 tor the purpose of ^Qviewing the following land use applications: 1. #1631 Charles and Ann Hononeyer have filed a renewal variance for lot area for the property located at 475 Linden Avenue for the purpose of constructing a new residence. 2. #1632 Steve Martin has filed a renewal conditional use permit for duplex use of the property located at 3890 Shoreline Drive. 3. #1633 Andrew McDermott of 2702 Walters Port Lane seeks approval of a rear setback variance for construction of a 3-season porch addition to the rear of the residence structure. 4« #1634 James and Joan Maus of 3700 Bayside Road seek approval of a Mtback variance for a proposed two-story addition to the east side of the existing residence. 5. #1635 John O'Sullivan and Erwin Smith of 2420 Shadywood Road seek approval of a aide setback variance for a proposed storage/utility addition tc the east side of the existing commercial structure. 6* #1636 Steve Tibbetts, current owner of 1810 Shadywood Road, seeks approval of after-the-fact hardcover and setback variances for deck additions and installation of an access drive. 7, #1637 Spring Hill Land Company, owner of the former Spring Hill Conference Center located at 725 6th Avenue North, seeks approval of a eonditional use permit for a church use of portions of the existing fueiXity and a variance that would allow the present profit-making corporation to use the facility for conference use on a temporary basis. 4h, #1638 f City of Orono seeks approval of setback variances and a variance to the allowed area for oversized accessory structures for the property located at 1285 Brown Road South for the purpose of installing temporary storage/maintenance structure on the residential property. All persons wishing to bo heard will appear at this time. The meeting starts at 7*00 p.m. Written comments are solicited. Plans are availaoie for review in the City offices, by appointment. City of Orono Byt Planning Commission ^11^ X. itobueth. Building k Zoning Administrator To be published the week of April 1, 1991. raOPBRTY ONMBRS LIST FOR THE CITY OP ORONO e> 10-117-23 31 0066 Monica 6 Michael Brown 1241 Brown Road S Wayrata» MN 55391 10-117-23 31 0022 Craig & Judy Christensen 1251 Brown Road S Wayzataf MN 55391 10-117-23 31 0048 Keith 6 Roxanne Westbrook 233 16th Ave M Hopkins* MN 55343 10-117-23 31 0049 Douglas Malignon P.O. Box 97 Long Lake* MN 55356 10-117-23 31 0050 Philip Kaley 1395 Brown Road S Ifayzata* MN 55391 10-117-23 31 0051 Barbara Garcia P.O. Box 114 Crystal Bay* MN 55323 10-117-23 31 0052 Gregory 6 Julianne Peterson 1355 Arbor Street Waysata* MN 55391 10-117-23 31 0053 Mabel Belt P.O. Box 162 Crystal Bay* MN 55323 10-117-23 31 0054 J B Sutherland 4865 Main Street E Maple Plain* MN 55359 10-117-23 31 0055 Bnrigue Libatique P.O. Box 139 Crystal Bay* MN 55323 10-117-23 31 0099 L 8 Kennen a J M Kellar 8434 Morgan Lane Bden Prairie* MN 55347 10-117-23 31 0056 Doris Eisenkrzuner 2140 North Shore Drive Wayzata* MN 55391 10-117-23 31 0013 Godfrey Bergquist P.O. Box 125 Crystal Bay* MN 55323 10-117-23 31 0016 Mark a Tina White 2150 Prospect Ave Crystal Bay, MN 55323 10-117-23 31 0017 Patricia Drummond 2160 Prospect Ave Crystal Bay, MN 55323 10-117-23 31 0014 G F Bergquist P.O. Box 125 Crystal Bay, MN 55323 10-117-23 31 0015/35 Arlene Hoppe 1295 Arbor Street Crystal Bay, MN 55323 10-117-23 31 0028 Steven a Jill Benson 1290 Arbor Street Wayzata, MN 55391 10-117-23 31 0029 Mark Lamontagne 1270 Arbor Street Wayzata* MN 55391 10-117-23 31 0030/31 Cary Burton P.O. Box 22 Crystal Bay, MN 55323 10-117-23 31 0034 Jay a Barbara Wood P.O. Box 43 Wayzata* MN 55391 10-117-23 11 0002 Dakota Rail Inc C/O Thomas Lovett 1400 First Bank Place N Minneapolis* MN 55402 J’Z/J’ SE§, W T. nr M. 25 ■ r €0-0 0 I ( # ufii i»o t«4^ 'n ftMioca CM u Tdcmu I ■ • j*:*nc« m0trn% UK V*ii Utt Mif SlO»« tCCA tH ft# iJH IM CS#Ht« III) V»« lA'I il .1R It 41 «2?S iiv VfuJw iA IIII rtn IIII INI nu i»n .*li\nil riM nil fill nil MMuyuyyyyyyyyy yr?i SIDEWALL ELEVATION V / «g»-« !/■• - f.r \r -ftci • ir ■r iftri» MC tin MU I# Vi I • i #nf M0 ftw «n«K# lii% ftftc v** tmo IM «.OMr#v%» \1 I)Mt «M MQ# ^ ftf 1 ___1___ss rlH HA m (H) n es t « « Kft«9N% m M^ •/ tt4mf«4 jt tsi t M4tmm mt*4 \w fill fillea ea EWDWATJ. giyriTiny Mt> «/r • r-# EXWiCTJISK iMfiai ___I: I I- f Tot Mayor Peterson 4 Orono Council Members City Administrator Bernhardscn Proat Datet Subjoct t Jeanne A. Mabusth, Building 4 Zoning Adminis % May 6, 1991 Ordinance Amendments jL, a •*o. ^ 1) Amendment of the Code Providing Clarification of Municipal Facilities Use as It Relates to Other Adjacent Municipalities % 2) Proposed Amendment of Temporary Sign Ordinance The original review of the amendments was scheduled before the Planning Commission in December of 1990. The City had to cancel the December Planning Commission meeting because of the lack of a quorum. The public hearing for zoning amendments dealing with municipal facilities and temporary signs was rescheduled before the Planning Commission at their April 15» 1991 meeting. Public hearing notices were published and posted at the appropriate sites. No one from the public was present to aldress the issue of municipal facilities. A representative of the Navarre business district# John O'Sullivan# and William Wear# a business owner on Highway 12# were present. Please review the minutes of April 15th for their comments. List of lahiblta * Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit P City of Orono Notice Municipal Facilities Memo & Exhibits 12/12/90 Temporary Sign Memo t Exhibits 12/13/90 Navarra Business Distri^'t Petition Proposed Ordinance - Mi icipal Facilities Proposed Ordinance - Temporary Signs 1) Issue of municipal facilities. (Please review Exhibit B for background on proposed amendment.) It was the opinion of the Planning Commission that it was never the intent of the code to allow municipal facilities of other cities to be permitted in residential districts or in coasMrcial or industrial districts where the use was compatible with the zoning district. The Planning Commission stated that the risk is obvious when a city allows another adjacent municipality to make use of adjoining lands within Orono. To allow adjacent municipalities to use lands within the City of Orono encourages future annexation, we are currently dealing with the City of Long Lake on just such an issue. The Planning Cosmdssion would be against any ordinance that would encourage or allow this use. ismki. ''t. ■ i' Ordinance Amendments Nay 6, 1991 Page 2 of 5 The Planning Commission unanimously voted to €unend the code so that merely a definition be added clarifying that municipal l^uildings or facilities shall include only those structures owned and operated by the City of Orono. As for the other issues raised in the staff memo concerning the compatibility of a municipal use within a specific zoning district^ the Planning Commission felt in light of the current municipal facilities study* it may not be the appropriate time to address such amendments. The enclosed ordinance amendment (Exhibit E) has been drafted per the Planning Commission’s unanimous recommendation. 2) Twspcrarv signs. (Please review Exhibit C for background on proposed amendment.) The 1966 amendment of the temporary sign ordinance has not worked for the Orono business community. One temporary sign for a 24 month period does not work. A temporary sign for a three month period is not practical. Owners note that signs are usually used to announce special sales or openings and are only needed at the most for a two week period. Please review the Navarre business community's petition (Exhibit D). They ask to be allowed four temporary signs a year for a period of two weeks. Although the petition did not specify an area allowance* Mr. O'Sullivan did ask that the Planning Coamiission consider the customary mobile signs used at approximately 32 s.f. (6'x4'). Such signs would have two sides for a total of 64 s.f. Mr. Wear* owner of a multi-use business* found the proposed ordinance to be too restrictive as it allowed only four signs to a single building no matter how many tenants were in that building. Two of the Planning Commission members were quite vocal in opposing the use of these mobile signs finding their use •••thetically objectionable. To allow four a year to any business was too liberal. They had visions of seeing a steady stream of these signs proliferating County Road 15 and 19 within the Navarre business district. .. Ordinance Amendments May 6, 1991 Page 3 of 5 The majority of the Planning Commission concurred with the representative of the Navarre business district# noting that just because maximum limits are set in the code# it does not mean that each business will make use of four temporary signs per year. For multi-use buildings# the ordinance will require planning on the part of the o%mer. Although we discussed a sign per quarter# we are not going to regulate the signs such that one temporary sign can only be issued every three months. The issuance of th^ temporary signs will be left to the discretion of the business owner. An owner of a multi-use building may have to apply for variances if they wish to use more than four such temporary signs a year. The Planning Commission recommended approval of the proposed ordinance amendment as set forth on Page 2 of the staff memo dated December 13# 1990 (Exhibit C). Staff attended a recent breakfast meeting of the Navarre retail/business association. They questioned staff as to the use of banners and special balloons for advertising. The use of banners has become quite popular within our City. Staff would ask Council to review Section 10.61# Subdivision 1 (G) attached to this memo# specifically the underlined section which reads "paper and similar signs shall not be attached directly to a building wall by an adhesive or similar means”. If banners attached to buildings are to be allowed# this section of the code would have to be amended. The Planning Commission did not address the use of these special advertising techniques. Banners have been allowed under the temporary sign ordinance as long as the area did not exceed 25 s.f. Zf they are attached to the building# it appears that the code would not allow it. If the use of a banner is temporary# for just a 10 day period# there would appear to be no objection for its use for temporary advertising purposes. The problem with the use of banners in the past has been that they have remained too long and deteriorate within a few weeks. If banners are allowed to be classified as temporary signs# they can resiain no longer than 10 days and cannot exceed the allowed area of 32 s.f. As for the use of balloons# the proposed standards for temporary signs are not feasible. If they are to be considered under the temporary sign ordinance# they would be credited as one of the four allowed temporary signs allowed per year. The code would have to establish standards (height# area# placement on structure or grade-level# method of attaching or anchoring# hold harmless agreement# etc.). Balloon advertising used in Navarre well exceeds 32 s.f. (at least the ones we have seen used at Super Valu and O'Sullivans). Ordinance Amendments May 6, 1991 Page 4 of 5 Options of Action - Adopt temporary sign ordinance as proposed by the majority of the Planning Commission# as follows: nt;- Temporary Sions. There shall be no more than 4 temporary signs issued per calendar year, and for a period of not more than 10 days per time or of the duration of the event promoted by the sign message, whichever is less. The sign, sign supports, and portable stand shall be removed from public view at the end of the period. Total area of the sign shall not exceed 32 square per surface (64 s.f. total signage allowed for 2 sided portable sign). There shall be no more than one temporary sign in any required yard area and if separate multiple signs are proposed, the total area of the signs shall not exceed 32 square feet. Temporary signs require a building permit from the City. No such permit shall be issued by the City if a conditional use permit under Section 10.61, Subdivision 2 (A)(3) has been issued to a residential property. No such sign shall be allowed in residential zones unless permitted as election or sale signs under this subdivision. Multi-tenant buildings shall be considered as a single property for purposes of this paragraph, and the use of the single temporary sign by tenants on the property shall be the responsibility of the property owner or designed manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the owner of the property shall be equally responsible for the prcper location, maintenance, and removal of the sign. All temporary signs shall be located on a property so that they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. If Council concurs that the use of banners is acceptable under the regulations of the proposed temporary sign ordinance. Section 10.61, Subdivision 1 (G) must be amended to read as follows: Subd. 1 (G) - Building wall signs. Signs shall not be painted directly on the outside wall of the building. Signs shall not be painted on a fence, rocks or similar structure or feature in any dlatrlcte Paper and similar si^ns shall not be permanently attached directly to a building wall by an adhesive or similar means (temporary use of such signs is permitted per standards set forth in Subparagraph H of this section). Signs shall be considered as a structure or fastened to another structure. r ‘ Rr' ; f. i , *!' S'' % , V i.' ;i.V ■t.I; V•Hv tjf S: I;tfy' K»'^ #'■p-I F v- rfII 1-' Ordinance Amendments May 6, 1991 Page 5 of 5 If Council wishes to include balloon advertising signage under the temporary sign ordinance amendment# it may be appropriate to have the Planning Commission consider this in more detail as they did not consider this type of signage in their recent review. The Planning Commission did not consider nor address the use of banners in their review. Council may seek a recoanendation from the Planning Commission and delay all action on the temporary sign ordinance amendment until Planning Commission has had an opportunity to review the use of banners and balloons for advertising in the Cit>. r tr! V i ■ II'-i f. i, I I w;» I ORDnmiCS *__, SBCOHD 8BRIB8 KB ORDIKAIICB TO ANBND mmiciPAL soaiMG codb sbction 10.02 BY ADDING A DBFIBITION OP MONICIPAL BUILDINGS OR PACILITIBS The City Council of Orono ordains as follows: The municipal code of the City of Orono is amen'^ed by adding Ordinance #_ _r Second Series: SBCTION 1. Section 10.02 is hereby amended by adding the following definition: A. •Municipal Buildings or Facilities". Municipal buildings or facilities shall include only those structures owned and operated by the City of Orono. SBCTION 2* Adoption and Publication. This ordinance shall take effect and shall be enforced from and after the date of its passage and publication. Adopted by the City Council of Orono on this 13th day of May» 1991r by a vote of ayes and _ _nays. Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor %: '■ L».- tl: ii (H) ORDINARCB «_r SBCOMD SERIES AM ORDIMAMCB TO AMBMD NOMICIPAL ZOMIVG CODE SBCnOR 10.61, SDBDIVISIOH 1 (6) ft TO ESTABLISH HEN STAEDARDS FOR THE USB OP TEMPORARY SIGHS THAT SHALL IHCLDDE THE TBIPORARY USB OP BAHHBRS ATTACHED DIRECTLY TO A BUIU)IMG NALL The City Council of Orono ordains as followss The municipal code of the C*.cy of Orono is amended by adding Ordinance t_ _, Second Series: 8BCTIOH 1. Orono Municipal Zoning Code Section 10.61, Subdivision 1 (G) is hereby repealed and the following language substituted in its place: G. Building Wall Signs. Signs shall not be painted directly on the outside wall of t’ s building. Signs shall not be painted on a fence, rocks or similar structure or feature in any district. Paper and similar signs shall not be permanently attached directly to a building wall by an adhesive or similar means (tssw>orarv use of such ftign* i» permitted per standards set forth in Subparagraph H of this Section), signs shall be considered as a structure or fastened to another structure. 8ECTXOH 2. Orono Municipal Zoning Code Section 10.61, Subdivision 1 (H) is hereby repealed and the following language substituted in its place: H. Temporary Signs. There shall be no more than 4 toporary signs issued per calendar year, and for a period of not more than 10 days per time or of the duration of the event prosK>ted by the sign message, whichever is less. The sign, sign supports, and portable stand shall be removed from public view at the end of the period. Total area of the sign shall not exceed 32 square feet per surface (64 s.f. total signage allowed for 2 sided portable sign). There shall be no more than one temporary sign in any required yard area and if separate multiple signs are proposed, the total area of the signs shall not exceed 32 square feet. TTemporary signs require a building permit from the City. Mo such permit shall be issued by the City if a conditional use permit under Section 10.61, Subdivision 2 (A)(3) has been issued to a residential property. No such sign shall be allowed in residential sones unless permitted as election or sale signs under this subdivision. Multi~tenant buildings shall be considered as a single property for purposes of this paragraph, and the use of the single temporary sign by tenants on the property shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. I OmMUHCS •8BC0IID SBRIBS - Cont. Th« owner or manager of the sign and the owner of the property shall be equally responsible for the proper location, maintenance, and removal of the sign. All temporary signs shall be located on a property so that they do not impede safety by obstructing vision of pedestrians or motor vehicle operators. SBCTIOV 4* Adoption and Publication. This ordinance shall take effect and shall be enforced from and after the date of its passage and publication. '■r-ffCITY OF ORONO NOTICB Th« Planning Commission has rescheduled a public hearing in the Council Chambers at 1275 South Brown Road on Monday, April IS, 1991 at 8:30 p.m. to consider proposed revisions to the Municipal Zoning Code regarding the following sobjects: 1. 2. Temporary signs in commercial districts. Municipal facilities of neighboring cities within Orono city limits. All persons wishing to be heard will appear at this time. Written comments are solicited. A synopsis of the proposed revisions is available at the City offices. City of Orono ■yt Planning Commission iwne A. Mabusth Building & Zoning Administrator To be published the week of April 1, 1991. H- r/ i!fc; .!T; /. Mayor Grabek 6 Orono Council Members Planning Commission Chairman Kelley orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator Dates December 12r 1990 Subjects 3 (1) Municipal Facilities of Neighboring Cities the opinion of Wayaata's Council that * neightering municipality to construct a municipal building as a permitted use. co.cS;r»nii traj 5: Si:r\’(.c7u*i.r onlV tTtf "fVc/?ftitrVwnVa operated by the City of Orono. The present Code allows municipal buildings within all residentir districts as a permitted use except for the RS “.uj. conducted is customarily considered to be an office use. mould exclude any type of public works use within a sone yet the Code would allow this use in a residential zone as a permitted use. B-5 allows all municipal buildings as peraitted SJSJaliii 1^ iSn.^'^tlit'* US Id^'a 1 low’"2S^ic/4 seyeral of the municipal type uses would be allowed under peni^.tted or conditional uses. B Municipal Facilities of Meighboring Cities Page 2 December 12, 1990 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 zones as well as in coamercial and industrial zones. All confirmed that 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 etween municipal and other public facilities. Based on Council's directive, the clar.fication in the Code can be made by a simple addition to Section 10.02 definition of Hiunicipal buildings . NiiBicipml 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 bnildiags or facilities of other governmental units shall be locatedl 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. Zn 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 facility for the City that includes both administrative and public works 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 structures compatible with residential neighborhoods? Are there residential zones where the use may be coo^atible? 3* Is a police department and associated uses compatible with residential neighborhoods? Are there residential zones where this use ouiy be cosipatible? W-BNunlclpAl Facilities of Neighboring Cities December 12, 1990 Page 3 p^ndiixng Commission members feel an amendment of the current Code section is appropriate, staff will call for the required public hearing redefining the scope of the review. ri. ty r^-, 1'^. LL*-*,» I |ra. I: f*s I &h* : -• -rv li ■SI'fe'.' i' p. t"- pI) K fI r <■ h r ■i:^ V- |i:fcCrT&isLt^. t>5 - SZC. 10.20. R-IA OHB PAMILY R2SIDESTIAL DISTOICT. i^“°i3t«=d.rn'“=vida* *““-J allow€d by conditional usa remit. The distr-c_ snaix ha e iannadiate access to highways and public sanxtary sewer. y one or more of the following uses: A. B.r c. One family detac.hed dwellings. Public owned parks and playgrounds Municipal buildings. Subd. 3. Conditional Uses. Within any Residential District, no structure or land shall be used -or ... following uses except by conditional use permit: A. Schools. Public schools and parochial or private schools which teach a curriculum similar to a public scnooi Provided no building shall be located within fifty -eet !S. of .n .butting lot in an "R* District and tsat a f.nc. erected fifteen feet or more from al-L street lot abSrSng use is for open play, and nursery schools providing f — square feet of playground space per pupii- B. Churches. Churches including those^ related structures located on the same site which are an the church proper, convents or homes for persons related religious function on the same site provided no building rreiidence shall be located within fifty feet of any lOt iine of an abutting lot in an "R* District. C. Clubs, Camps, etc. Golf courses, country clubs, tennis clubs, public swimming pools serving more t.han Sro£i/JI^Vs,™Syg^^^^ siSila/'JSiV. %heTrincipal •erueuur. foe .ny of th. abov. and^“.eoMM?y structures shal***beVminimum of fifty feat from any lot line. ORONO CC 279 (4-1-84) % r' % I I"I ■Vi •n P‘m .1- r )i i^r •.i: rF*-;s; i \>'- C ' '* •^ X U . *t o SZC. 10*40• B-1 RSTAIL SALKS BOSIKBSS DISTRICT. Sufcd. 1. Purrcse. The ”3-1" Retail Sales Susinesi. is Verier A a«’°su=LlVc. tV »«. restrictive controls. The district shall have umneaiate access to adequate highways and public sanitary sewer. Subd. 2. Application. All applications for a building in *nv "B-1* Retail Sales Business District shall be 5:”.v.d b,‘"?h. ciunerr and ».y be referred to the Planning CoBBission for review. ! cnKH 3 Permitted Uses. Within any "B—1" Retail Sales Bu.in../Di"«ic;. nS^r»«ar. or land shall be used except for one of the following ueee or uses deemed similar by the Council. and Service Businesses. The following #*hhrkf-hAod retail sales and service businesses supplying S^di?[e. ot lerfoiiing a service pri-arily for residents in the surrounding neighborhood: le 2. 3e 4. 5e 6. Arts and school supplies store. Banks and insurance companies. Barber and beauty shops. Bicycle sales and repair. Booksr magazines, record shop. Drugs, candy, ice cream, soft drinks,— -w cosmetics and other usual drug store merchandise. 7, ory cleaning and laundry pick-up stations including incidental pressing and’ 8. Garden supplies, florist shop. Gift or antique shops. Bardware store, paint store. Hobby shops, camera and photographic supply 9. 10. 11. stores. repair stores. 12. 13. 14. 15. Jewelry shops and repair. Laundromats. Locksmith. , .Music, radio, TV, appliance sales and 16. 17. 18. 19. 20. furniture, carpet store Newsstands. Office supply store, office machine store. Pet shop. Pipe and tobacco shops. Plumbing, electrical, heating, housewares, OROMO CC 332 (4-1-84) f h >:•' t I f»v- U- 5 X J • -f o 21. 22. 23. Postal substation. P.eal estats sales. Retail food of all varieties and r.cnte suetlies.24. 25. 26. 27. Sewing center and yarcgccds. Scorting goods store. Tailor shoes.Teincorary sales such as Chrrstnas tree lots.28. 29. 30. 31. Travel bureau, variety store. Wearing acparel store# shoe store Off-sale Liquor Store Source: Ordinance 29» 2nd Series Adopted: 2-23-97 / B. Municipal Buildings. Municipal ^uildi^ngs where the uso conducted is customarily considered to be an office use. Subd 4 Conditional Uses. within the -B-l" Retail Sales Business District no structure or land shall be used for one 2f\he following uses except by conditional use permit: building.B Motor Fu.1 Stations. Subj.ct to the provisions set forth in Section 10.SI, Subdivision 18. C Restaurants (Clas? I). Food is served to snure'd r,^"^u^^^^^^^^rl^o•^nrthr^^^•A Source: Ordinance 67# 2nd Series Adopted: 5-8-89 principal Site*;*KSSgU*Jb- or -I- Olstrictthe’ -b" «-V w'str'ic*t“nrsu^“ie‘;t to'Tho'i ’r'cogSt'tirns'S: Section lOeSl# Subdivision 4 and such other conditions as found necessary by the Council. OBOVO CC 333 (4-1-94) ^i'r S j i.J • 4^ SEC. 10.42. a-3 SHOPPING CENTER BUSINESS DISTRICT. Subd. L. Purpose. The '*3-3- Shopoinc Center Business Dist-ict is intended to establish provisions for ^tne designating or a diat’"*ict wher* 3 niultiole building retail sales and setvic* Lei\i\v with intearated design and a coordinatea pnysicai plan, caciiit/ in« erected. Such district shall be dS?«?opid unit tccotding to an approved plan as provided bSlSi? The district shall have inmediate access to adequate highways and public sanitary sewer. Subd 2 Aoplication. The owner or owners of any tract « "9-3" Shoooinq Center Business District may submit M iSS CouncU a pian ?he use and development o£ all o£ such for thVoucooses of and meeting the requirements set forth in ►hiS SMtiM ^ proposed plan shall be referred to the Planning Siiiitlon f-’r study and report. The Planning Commission shall ttiniiit to the Council their findings and recommendation for consideration and action. ciihd 3 Sinale Control. In order that the purpose of JSiSrtVnVnV'L^tfe's VhVA”bi irsiigi%" -A"nArtri^‘‘^o"r’lnl2^ management or supervision of a central authority. J enhrf 4 Permitted uses. Within the "3-3“ Shopping enter /uain.« oVstr!ctr^o for one or more of the uses permitted in the subd. 5. Conditional ases. wlt.hin any *3-3" Chopping ?hrUu\"-^“^V"eVc^pV by~conVSa*l ^'se^rermf^f^^ permitted and^e,TiVteo°"!nnhr.\-^^“o!s»^ATAc.^VAI? •Restaurants banter Identification Sign. Subd. 6. Accessory Oses. Within Center Business Oistrlct, the following uses shall be permitted accessory uses: Oistrlct. A. Any accessory use as regulated in the B-1 subd. 7. Areas Height, Yard, Setback and Design Requirements. A Area. The minimum lot sire shall be two fCMS. s' Fl^r Area Ratio. A 28 FAR will be that the gross leasable area shall not exceed 28» of the total 1 area available. ORONO CC 343 (4-1-84) Icf it : t li- h s ^ - J . -t L. Fencing. Whersver a "2-3" Shopping Canter Business District abuts or is ecrcss =b«‘Ji>”"S" IVsiVill an sVso'usM fence o'r compact evergreen nedge not less 2hf« 50» 'ooaaue not less tsan six feet in heignt snail oe erected. Sh“ IdjacM? to a street, it snail not be less than tnree feet nor iDOce than four feet in height. M. Building Design and Construction 10.40, Subdivision S, Subparagraph G. See Section M Height. No structure or building shall exceed 2-1/2 stories oc thirty feet in height except as provided in Section 10.75e C. 10.43. B-4 OPPICE AMD PROPBSSIONAL BUSINESS DISTRICT. Subd 1. Purpose. The "B-4- Office and Professional a intended to provide a district which is related to and residential districts or other business districts for the location of administrative office buildings and \hm office uses allowed in this district are those in Shieh there*^ is limited contact with the public and no exterior disolav or selling of merchandise to the general public. The U”l hav. l.m.diate access to adequate highways and public sanitary sewer. Subd. 2. Application. All B.r.lt In anv "B-4* Office and Professional District shall ?;v?.w.d bj ’the Council and may be referred to the Planning CommissiofV for review. /subd. 3. Permitted Uses. Within 'If/^hail^ usedPcoCasslonal Business District, no structure or Land shall be used •scopt for one or more of the following uses: / A. Municipal Buildings. Municipal the use conducted is customarily considered to be antne use ^ offices. Professional offices and offices oE the general nature. Clinics for human care on an out­ patient basis only.^^^^^ insurance Offices. Subd. 4. Conditional Use^'- Pcofesslonal Business District no for the following uses except by < Within the "B-«i ’ Office and ucture or Land shall he used tional use permit: A. Nursing Hom« Hospitals. haanlfea3«> test homes oc retirement homes, provided the site snaix «2taS ot lew than 600 square feet of lot area for Person trlS leeo.modat.d and that no building b. located Use than 3S feet from the aide lot line. I,.'fe -! ORONO CC 34S (4-1-84) Ir' t 5 10.43 ^ ^.6CJ i rsmsntis. 'Jo building b6 ne.car t'lan 3S Vest to anv front lot line. 15 feet to any teat lot ?tn. 15 te.e to anv side lot line, IS feet to any side lot line ^ddao'-n^^ tV'st—t: exceot when abutting or across the street from ad3ac.nt to --- jhju se less than 35 feet from such I* 1^11 lot line. p Fencing. Wherever a **3 ”4** Office professional °^"'\o*,J “a|t®2vetgtM less thanor teat lot line, a fence or com height (no less than three I2.'t“mgh.r than lour" fVet ldi«ln"t to^stre.t, shall be erected alSng t.he abutti.ng lines except within the required front yard. G. I-.tilding Design and Construction. See Section 10.40r Subdivision 6, Subparagraph G. ...i.. o:rS’.“.r.K,sr futisdlctlon over the area affected by the drainage. 2-1/2 stories or thllt-V fe« fn "height"exc“ept""l provuVd”tn Section 10.75. C. 10.44. B-5 LIMIIBD MEIGHBORHOOD BOSIHBSS DISTRICT. Bu ness 4»“io='l'i’di{"S ?it. thVVsr. t‘r.'!r-rt5S*rn^rdel"*tont«"e proi»le« in Mavarre. OROHO CC 347 (4-1-84) ri; I: i: ir s# ' it. 'i*’M:. 'rl" i.- i^v.- 4 < - Ws? |- |v ft ii £ 5 10.44 Subd. 2. Aooiication. Ail applications nor a building oernit in anv "3-5" Limited Meighborbood Business District shall be reviewed by the Council and referred to the Planning Commission for review. Subd. 3. Permitted Uses. Within any "3-5" Business District, no structure or land shall be used jexcept for one of the following uses or uses deemed similar by the council: /A. B. C. D. E. P. Municipal buildings. Offices. Clinics. Art and school supply store. Book and magazine store. Office supply store. estate office. G. Banks, Loan company, insurance company, real H. I. J. K. Le Barbership, beauty shop. Camera and photograph supply store. Locksmith. Hobby shop. Gift store. N. N. O. P. Q. R. Glassware and pottery Antique store. Jewelry store. Watch repair. Library. Museum. S. T. 0. V.w. Record shop. Music store. Tobacco shop. Galleries. Pet shop. Subd. 4. Conditional Use. A. Within any "B-5" Limited Business District, no structure or land shall be used for one of the following uses except by conditional use permit: 1. Candy, ice cream, popcorn, nuts, frozen desserts, soft drink store.2. Orycleaning 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•a OROMO CC 348 (4-1-84) A. If-' ;;v •I: K' cir Tos Mayor Grabak fc Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building & Zoning Administrator Date:December 12, 1990 Subjects 3 (2) Temporary Signs in Commercial Districts In 1988 the City amended it’s temporary sign ordinance to prohibit the use of such signs on commercially used property in residential sones (i.e. Busy Beaver, Dog House, 1960 Shoreline Di*ive (former transmission site ~ proposed boat sales),^ churches, etc*}* The ordinance amendment established a limit on the nusdser of temporary signs that could be issued for a commercial property limiting temporary signs to one sign per 24 months and that sign would be allowed for a maximum 3 month period. Original Ordinance Temoorary Signs* There shall be no more than one tem^rary (3 iMnths or less) sign in any required yard area, and there shall be no mere than three (3) such signs on any lot, and the total area of such signs shall not exceed 25 square feet. Amended Ordinance in 1988 j^mporary Signs* There shall be no more than one temporary (three months or less) sign in any required yard area, and there shall be no more than three such signs on any lot, and the total area of such signs shall not exceed 25 square feet* Sreh signs require a temporary sign permit from the Citj. No such permit shall be issued by the City if a conditional use permit under Sub^paragraph A of this Subd'vision or a temporary sign permit under this sub-paragraph had been issued in the previous 24 months to that property. No such signs shall be allowed in residential sones unless permitted as election or sales signs under this Subdivision. The Navarre business community has voiced major concern with the limitation of one sign per every 24 months noting that temporary signs may only be on the property for a 2-week period of time at the most and that a three month time period is not realistic* Staff has reviewed temporary sign ordinances with other communities* The majority of the ordinances allow a specific number of taq>orary signs within a one year period. H 1' r! rr. _ i-'i: 1. h: 1’, i I. i:^ Temporary Signs in Commercial Dist December 13, 1990 Page 2 ricts Staff has drafted an amendment of the temporary sign ordinance for the Planning Commissions's consideration. Members are asked to provide direction on the following issues: 1. Number of temporary signs per calendar year. 2. Duration of that temporary permit (10 days, 14 days, less, more). 3. Total area of such signs allowed (25 s.f. as currently allowed, 32 s.f., 50 s.f.) Proposed Ordinance Amen Temporary Signs. There shall be no more than _ _ temporary signs issued per calendar year, and for a period of not more days per time or of the duration of the event prenoteSrby the sign message, whichever is less. The sign, mpports, and portable stand shall be removed from public view at the end of the period. Total area of the sign shall not exceed __ square feet. There shall be no more than one temporary^gn in any required yard area and if multiple signs are proposed, the total area of the signs shall not exceed square feet.* Temporary signs require a building permit^rom the City. No such permit shall be by the City if a conditional use permit under Sub- paragraph A of this subdivision has been issued to a residential property. No such sign shall be allowed in residential sones unless permitted as election or sale under this subdivision. Multi-tenant buildings shall be considered as a single property for purposes of this paragraph, and the use of the single temporary sign by on the property shall be the responsibility of the property owner or designated manager who shall endorse in writing, all applications for sign permits. The owner or manager of the sign and the owner of the property shall be equally responsible for the proper location, maintenance, and removal of the sign. All temporary signs shall be l-:3eated on a property so that they do not impede safety by obat' -ing vision of pedestrians or motor vehicle oper ♦This ..-'-a shall be the same allowed for a single temorary sign. Snclosuret Sign Ordinance Sections Isv niiilfrfilfiihrtTirfii • • r ( h' 'I 1^ »■ r. 5 i:.5C • -- frcm. sc^^^riSC 30 aa 4*0 w -• —^ SUl ino O- aw-- ^••a^lars l^SS-u- avc^ot i:oats anc unoccupiea .•3^--ra x-aaaa^oining proper..,s,-xc. scored for commercia- than 20 .J*",I-i:;, “"at“o£ the house and a dtstance of 13ouroosesa if acoreo CO .oe c-at w feet or laore from any property Line. 3ourcst Ordinance no. L/2 Effective Date: L-L-"5 11 wast- Materials. Waste material shall not be Subd. ^ ■ s«e,er svstem nor the sanitary sewerwashed into the public storm a oemi*' to do so from the system without •'’"iJ’or^ted a method of ” shall heCity. If said permit is not granted, a metnoa ^^^ requisition for devised which will not ' cause a detrimental effect to thepermanent operation and will ^ solid form rather than Sdjacent land. Should the waste be or soi g^nced as to be fluid, the storage area districts, all waste material, removed from P'lbUc ^ ™at-ials no^currently in use for debris, othert\se ?egJiated herein shall be kept in an SScloaVd building oi ptopetly =°y*‘\'3„/"shall^^ JSSpin'^%^“h Vacant'UnS*fr:l o7'w«te matecial and noxious «e«.a. Subd. 15. Dtainage. '>« tn'^watec‘^runoVV'^oaCslng usa shall ba patmittad that |uch runoff shall ba 'ifotri?'cS:nn°^lVi“inlo" a'^fo's" water ooursa. ponding are. or other suitable fi'ility. SIS »»?d\n^l “^VtrVa'ts 'vahicli^^ fhtu"bVlV«tad'2irh'n"V“VVa%“oi any two intars.oting street right-of-way Lines. the disturbance. SBC. 10.61. SPECIAL P80PISI0HS. regulations: ORONO CC 379 (4-1-84) I .r 1 r & 'ft., t ; Hr b !i: I 1:2 I i-' kS- I*- ;■•• .f- r vb. ¥i. O'? 1G.61 ........® c-ox- -“*r-r c'erriit to locate signs and decorations--------- • i^eA ra^it: tO xOCarS Siwns aiiumay orant a conait-onax ^ -ur» sdic-* on “or on or within the r-gnt __ Mn conditional 'JsSecif^Vd ^ exceed ninety days. No conditional use sp«cir-ea t-me «w ehail be issued bv the Councix if a Sources Ordinance 55, 2nd Series Adocteds 7-25-88 B. Plashing. Illujninated flashing signs shall not ba permitted in any district. bajhhs t 1 luininated signs or devices giving gf^ “ wVe^«“iin‘of*«y»' o'rU9htVh“irroVV."%°r»itt.d in .ny district. u...., i surface ~y ehlll^^^t tries s than fifteen feet ■ore dwelling units, one sign industrial acrea of commorcial area of An^no*? to exceed 96 feet of advertising «Ur*S:%roi.ct site, such .i^ st.H not remain after 90% of the project is developed- V Cristina Signs. Signs existing on September 14, 19«7 which do not Lnfora to th. regulations ar. a non-conformng use V Traffic Interference. No sign may be erected that, by reason of position, shape or trVffic*sign*orway with the proper functioning or purpose of signal. G. Building Wall Signs. Signs shall directly on th. «"«»r. o’r in ««ypainted on e fence, rocks or similar struetuM or x directly considered as a structure or fastened to another structur OROMO CC 380 (4-1-84) iMkL • .* •• •• • ^ ^ • *»-!ccrar*.' Sirns. T.".ara shall he no r.ore n..an "1^-Vo -c —^'s cr less, sicn ir. any require:: yarn wne .-n.c.^a-^^ ^ ^ ^ -r.ree sucn signs on any *or, and the total area of such signs sna^i V q ’cuc "'slsra rsou*rs a teocorary sign permit from t..e C-to«. permit 'shall be stfcd-/-* s^c'k^^cr * 4,_ 4.ka«> »•'*••/ Mo sucn sicns snaxi be ai-w^e- --• ?S?iHS»tni *4es^:i^i.;s VeraiKM as election or sal.s sigr-s undsr this Subdivision. Source: Ordinance 55, 2nd Series Adopted: 7-2S«8fl I Election •?igns. Election signs are permitted on s.^4va«* craeertv in any district provided such signs are removed SitSk thi” y d«yi follcwin? th. ei.«ion as rslat«i to t!i. sz^ So^«ioTii9n shall b. rstaitted in any 'S' So months preceding the election relating to the sign. OKOHO CC 380-1 (4-1-84) •• • • m * ^ ' Sabd. 2- the following signs a Signs in Sis:;r are cerniitted: —^ it*5H i « « A. Naraeolates. 1 One naraeoiace slon for eacn dwelling and ^ 2 One nameolate sign for eacn dwelling group of six ot «ote units', and such'sign shall not exceed six square feet in area pec surface and no sign shall be so construc-.d as have -ore than two *«faces. permitted use or use bv conditional permit other than residential and sucn sign shall not exceed twelve square feet in area per surcace. B. Illumination. Symbols, statues, sculptures and Integrated architectural features on non-residential buildings may hm illuminated by flood Lights provided the direct source of Li<3ht is not visible from tiie public right-of-way or adjacent residential district. Setbacks, Etc. Any sign over one-half square foot shall be set back at least five feet from any property Line. No sign shall exceed eight feet in height level. Signs may be illuminated but sucn Lignting shall be diffused or indirect. Subd, 3. Signs in "3“ and "I" Districts, within the "3" and "I” Districts nameplate signs and business signs are permitted subject to the following regulations: Source: Municipal Code Effective Date: 9-14-67 A. "B-L", "3-2" and "3-4": Size. Within the "3-1", -3-2* and "3-4" Districts, the aggregate square Rootage of sign space per lot shall not exceed the sum of one square f?ont foot of building, plus one square ^ghril ^exceedlot not occupied by a building. No individual sign shall exceed fifty square feet. Source: Ordinance No. 172 Effective Date: 1-1-75 B. "3-3": Sire. Within the "3-3" District, the rarrf*r,«r4'-:ci~urpi'c JSIiwfdV.1 S«facV .‘ha?l"x"2e."l\o°o’='.“,"u«. tU. C "I": Size. Within any "I" aggregate square * footage of sign space per lot shall not exceed ORONO CC 381 43-1-84) U- I; If t- 'if. Vi\is ti r: % t; t |- i.•-,H «5:' IK- k' • •■ h I,.ti: .• •• 5 13.51 fad^- rse^ ^••onc foot of buildinc^ plus on© SuU3**s ividual sign surface shai- exceea luu aqua sum foot . individual sign Source: Municipal Code^ effective Data: 9-14-67 *B-1", "B- mors than principal ea«t from feat may principal .3 ”!:Vi'3trV=Vs,*nt ;!;r Uari%«ea/\n'’hli|i;t Iwo*£«/aSov, the "I building nor ^that any sign over ten square pn%?t°V;o%e,rintTIny reguirld yard area fro. the building. Source: Ordinance Mo. 172 Effective Date: 1-1-75 " or -I- District, no si^n Shall SStSJnirSo ,%^%”lin'g"*?,n “SqJar%' SJS!U?on “y“-“Vt iil'to “e" ya/d area fro. any building. a _ -S Subd. 4. °|.°“e;t“prrh^nV^nd"‘lold"fn^^^^^^ Require.ents. “Af, or otevent congestion of the publicin this Chapter IS to alleviate or prevent .g ,,„«cal welfare of right-of-way and »o,,« V.VJire.ents for off-street the public by mn^ar vehicles in accordance parking, loading and p”rceirof land and structures, with the utilization of icate in ail districts All drawn to scale and dimensioned ?l:Sic.2lng ‘“h%"\“cat^on" of o«-s^tr“et parting and loading spaces in iSSJliSiSS with the following requirements: Source: Municipal Code Effective Date: 9-14-67 A. Application of parking RulM m addition to the regulations and j reauire.ents regarding ?Sis Chapter, the '^“Vo tTe raquir2S and non-required Source: Ordinance No. 172 Effective Date: 1-1-75 B Parking Requirements Waived for ®'*^ijp”^t£2h*a OBONO CC 382 (4-1-84) aasii-l. tv u/» /r r. A'L l^liSir^: --S*r ^■ I ■ ^ vf f> ^ T^ T ^ fT ^ L>1 *7* C ^"6" - r ' ur ^ I I ^ • r A :' r ! * fr-/" “K. ! C /’"/^'T/./y^ A '■' '— 1^ /"SI . a ,r rS ^ ^S H L U I f^'-^ ^JcKS .SV^aV a L/^u>\ ^C/l t 't'A^ S’Y t^r A OJi^Ac O CiC- t-e' ^ rrr^ i^'SS 14 i"A..*r »vt' ^'!./•»*.• c.r Yik,2.,* tiJeSTrfJt/t\ IP/.r Tc#* (otS ^ //«/.»»ic $ Leu ^ p ^0ffiT>n,'H (t ir ^eA*A*i€J P*(>iccr^,t,*'’r & 4-t i ^xJCri'i^t^T L^HC C^ '^■'^K'-. Ac.'f»''c ti‘a'K Ai^L •« u <r ^5 u'5.^ i. C I U /tw' f V'w A ^ f\ \ c t\ O L r c“ tS. M / S T J/j/v-' /V'—- /',T.-c ^^ -r? A t (_ >/. t" C’~i 1^ i.~ LCAc i Pauci' '*’ Afc / ru h'u ul. x?t-~K<S- 4 C f- r ^ / T fc. /5 v' •/■ f L-V /) A f t. N ^ * *" ^ ' N » V*'"' ■■ii.v:a^r»;iA.:..A _ar J.---- , .-i«. •■-■.■- / % SBSOLOTIOH ACCBPTIH6 BIDS BAVARKB HBI6BTS STORH SBNBR VBBBBA8# th« City of Orono Is a municipal organization •xlsting undar the laws of the State of Minnesota; and WBBBBA8* the Orono City Council directed the City Engineer to prepare plans and advertise for bids for the proposed construction of a storm sewer system to correct a drainage problem in the Navarre Heights area in the City of Orono; and WBBBBA8* the City of Orono opened sealed bids on Friday# Hay 3# 1991 at 10:00 a.m. CDST. worn, THBRBFORB BB IT RBSOLVBD that the City Council does hereby accept the bids as presented and attached as part of this resolution. Adopted by the City Council of the City of Orono at a regular Council meeting on held on the 13th of Mey, 1991. Barbara A. Peterson# Mayor ATTB8T: Dorothy M. Ballin# City Cleric 5991.1 K* r'» tF [i.i‘ ■' t'- ■ >■. r**' i*■b ;;• M M Bonestroo Rosene Anderllk & Associates Or.2 j ®E ToDe^t .V ®E >o»fon C BfMtofO ^ Le^oerg 9*c»'.»rc p ^^»T»€S C O’UJ'^ **€ Glenn R Coo« •'’E ”nom« 5 Ncyes ®£ ?OOert O Scr<un<*’t. "»E VIjrvin L Sofvji^ •'e'?*' * jc-no'* 9»c'^af0 ^ *oiCr' ^E i:on.i»ci C fJu^ga^cn *E >e^'y ^ Bourdon eg V»;irit A Menton Pf '«3 < ' f«d •£ M»cr>#e« T tJutinjnn »E ^ooert » *»€ D*v»d O Lcifcotj. ^E K ®F '-••fraf t » Mj<enrt ®f <enn«f» P An j^f^or* 4 9#cnn*jn«« %Ur« 9 ?o ^ J*€ ^ooe^ C ?ui»e« ^ • A £ Ar»guv **£ --cwjro • '.jnlcya **£ '*•,1# M A £• .PC V M;ifi#n •*# \cn '.wWn V 5De*-‘*n \Or« A ;.^o Cnglntcfi S Architects May 9. 1991 City of Ocono Box 66 Crystal,Bay, MN SS323 AttnI Mr. John Garhardson Rat Fila No. 13946 Navarra Beights Storm Sewer Impr Daar John, Bids wars racalvad for tha Navarra Haights Storm Sewar Improvement on Friday. May 3, 1991. Tha low bidder on the project was B & D Underground, Inc. at b20*139<00> Tha following is a summary of the bids received: Cnnfcrartor BID Underground, Inc. F.F. Jadlicki, Inc. Volk Saver k Water. Inc. Dave Parkins Cont., Inc. 6 i L Contracting, Inc. Fani) Cent., Inc. Kttsska Const. FCCl Base Bid Bid Bnginaar's Estimate $20,139.00 $19,207.00 21,350.00 21.716.00 23,301.25 21,646.25 24.844.00 23.680.00 25,155.10 24,687.80 27,135.55 25.850.85 30.964.50 27,332.00 32.468.00 33,7.34.00 $25,000.00 $24,000.00 Tha Basa Bid was with concrete pipe and the alternate bid was with corrugated polyethylene pipe. Tha contract allows the bids to be held for 60 days which will allow time for the City to hold tha assassmant hearing prior to awarding tha project. The bid award should be made at tha June 24, 1991 council meeting. pl«asa contact this office if you have any questions Tours vary truly, »TR00, ROSENE. ANDERLIK I ASSOCUTES. INC. t Olenn R. Cook GRCtli 13946.cor 22SS VMnt Highwmy 36 • St. Paul, MNrmasoca 5SI13 • 6t2'6364600 J ••or »'tf- i A- r'i . fc kf :'. 1\ Waae N«v»nt Heiglhts Storm Sewer Improvements lYnject Ng Fife No. 13946 BMOpeNioB K CDiJ.T., Friday, May 3,1991 Owner Orono, Minnesota I kcfdiqr certify Ikat ilia ia «■ repr A II » I I GItwi R. CMk. rX N«u MSI BID TABULATION Tabulation of Five Low Bids of Eifht Received BitfN*.! BAD liiMlcrgrouod Inc. llldNn. 2 II. JrdlicW Inc. MN«c3 Volk Semper A Wcilcr Inc. BiaNn.4 Dive PevlUiiB Com. Inc. ■MNU.S O.L. COMnctlng luc. 4-' v; . 1 *- 'ii'i•^V 1J ( G1&IfeB !2rti Q!I Uuil Eds Tofnl UnN Prtcf Tetal tfiiU frkt Ts!i! I'un Cda Isfe) UnM Price ISM r BaMDM i i ■ ’ 1 ir R.C pipe culvert. CImi V LF 66 18.00 1,188 00 19110 1Z54.00 20.00 1320.00 24.00 1384.00 21J0 1.438J0 2 lar R.C. pipe culvert, Ctoee V IJ*400 22.00 8,800 00 ^M(0 8,000.00 2100 8.400.00 25.00 10.000.00 23.60 9,440.00 3 lir R.t'. riM with talvaaimt irwii gwrC per Addemhiai No. 1 4 CoiHinict cMdi (Min. PlMc 1*19 EA EA 385.00 385.00 .100 no 300.00 47<no 475.00 350.00 350.00 399.30 399JO S CoMtnwlCBMII.riiilc t-t6 EA 0 Oontract CBMH wAanp. Plaie MOS EA 000.00 1.M000 1.000.00 2.000.00 095.00 IJ90.00 1.000.00 2.000.00 60000 IJOO.OO 950.00 1,900.00 800J0 1,00040 75000 1,500.00 1,200.00 2.400.00 1,01170 242S.40 995.00 LULU 7 CfNHiract CBMIIW/R4342 Ptalr EA MO 740.00 995.00 1.000.00 1, 740.00 1.000.00 IjOOOM 850.00 850.00 1,5 1.!I 700.00 700.00 1.200.00 i;• I ( I 1,22130 1,22230 940.10 M0.M 1394a.TAB BTI J B-P'S?"w ii:-' t- - ■> ; St. v% P^&v' ■^ . V"- MN*. I BAD UwtergTDund lac. EM N« 2 Fi? Jcdlkki Inc. EMN«i3 Volk Scwr A Water Inc. BMN«i4 Dwe ferkint Com (oc. BMNo. S 0«L Omtiactlog toe fifr Bs 12iK fi& Va8 rrtCT JsM tl«U Ecke Ism Dan Eds Ism Viril Eda * iim UnN Eda 8 IUMom riprap. ChM til CY 4 48.00 192.00 .moo 12000 70.00 280.00 50.00 200.00 5200 208.00 8 Oranlw IMcr mMiW CY 2 1.5.00 .10.00 lO.fNI 2000 40.00 80.00 10.00 20.00 37.70 75.40 18 0«Nal8e nier. 1>|c III SY 12 :i.oo 36.00 20t»24 00 2.00 24.00 200 24.00 3J0 39.60 fl Mcrimicii msek oiNiipKifcMi LF 46l»0.50 233.00 200 93200 1.00 466.00 1.00 466.00 010 46.60 12 Cnriw oMral fence, Ftaie SP-89 LF too 1.65 16S.OO 1 .50 1.50.00 .\00 500.00 200 200.00 3.70 370.00 IS CIctttaf mmI pnMiiiip trees EA 5 67.00 335.00 10.00 . 50.00 200.00 1,000.00 150.00 750.00 187.30 936.50 f«Msiiik lopaol SY 1.500 1 ’ ’25.00 2110 .3.00000 300 4300.00 2.00 3.000.00 2.40 S600.00 15 Rosdsey SY 11^17.00 2,125.00 1: Oil 1.500.00 17.65 2.206.25 10 jO 1.250.00 22JO 231230 21J$20,139.00 $21.35000 Sr3J01.25 S24A44.00 125.159.10 I9NATAB BT-2 j'P-.v;m- M HMN«. 1 II I) UiuScrgmuiul Inc. BM N«. Z I-.F. Jcdltcki Inc. BM Nn. J Volk Sew A Water Inc. BMNn.4 Dave Perkiat Cemt. Inc. BMNa^S Oi^ Coal Inc. Usa liBli DnM Isisl I'nH Cd£i !s!il t)«H Eds Isfii VnH Eds UaM Cdtt AMcnnte BW: The OwiracKir •hall Nd coftngaied po ^lhyteat pifte In Me* of telirforced ooiwreie pl|ie. Id l2*«mMili hMerinrcomiitatcd |icilyctliylf*iie atcirm tc «et pipe ADD I f 6^16 (H»1.tK.6«KI .MMK»1.120 on 1^00 •moo 20 nw 1..120.00 14.70 17 IIT wioolli inicrlnr cnm*|tricd Mom fU!W pipe • ADD IT 4na 20.0»l ?1 00 P.400 00 IHOO 7.20000 2300 9.200.00 22.90 9,140.00 IIT pot^-dliylenr pipe npm with • • l^.ilvnnbed tiaafi faaid • ADD I*1A 1 .W5.(W 3S5.no 2?^«von MO.OO 350.00 350.00 250.00 250.00 350.00 350.40 1»ir R.C. pipe cuivcfl. Claw V • DFOIICT l.l-(Ift.lW)<IJSg.00)(PW)(I.2M00)(2000)(1.320.00)(24 00)(1.584.00)(2UI0)(1.438J0) 29 • IV R.t*. pifc cutmi. CI.W V - I)IJ>lKn‘ I I-40»(22.WM |«.g00.00)(fl.OOO(M>)(2100)(a.40000>(25.00) « (10,000.00)(23.150) • (9,440.00) 1 rpr«#rr'-»-v^ MdN«. 1 HAD llndrrf(roufKl Inc. iKa UbII tlnU Mg T«tel ■MN*. 2 I-I- JriWk-ki Inc BMNai 3 Volk Scwrr ft Water Inc. Dive TtttSm Com. Inc. GJL CoiMnctlai I’nII Cd"TiHnI I nit frk«TjM VmH Mg U«M Isfri life} '• 'r- [■> P: tv. 5^- “V i'-V *In' f--::hr 3' ■ r"i'’’fe, fe-:; 'fi' m. Vl«->. m' .'“(.if' r^''.v tv i"" j:;;. ■»..••■ ■-,f-J^k i^;-P^'v- BidNa 1 BidNa2 BidNo.3 BidNa4 BidHaS p"' fHii^Five Percent Five Percent Five Percent • Five Percent Five Percent Cffi cfcedu f !ii4s|| ilf ff*^N f Itm n ft 1) I’ndcrpioun*! j F.F. Jcdficki Volk Si'vcr & Wilier Pave Perkin? Cont.Ci.L. Contracting l»U'.Inc.Inc.Im.Inc. l*»•PfKtt rromu^I •Fl.'nk ledlick DtlitiH Vnll I>avid r. Pcikins Hand Swanson Ilf*PlCMdUfl Pi rri'ule«t Pr''sidcnt .• 1 . .t r i * n. P.wl !• \1120t \V. (i.'ml Slui t C M- 'k ( f 15775 1nni|'^ r lUlp, Dr 11421 W. 47th Street •1 « If * c«Maple l*l?»r, s'<ln ll'Jcfi r»»irK. Mimie'o'.i IlMH + ly f'l’rk, Minnc'tila Afp»1:;r Minnesolti Mika., Minnesota .’ »|» f #5S.t.S'»5.'^:t tf,55 ^^1.3 55313 t • f* |«t** • ii 1 n-y}\y »)Vi 727.'.i.»7 9.35-8645 t. r M ,| P1..V»M 9.Vt7.»7<S.M-'Mf 1 v:935-8648 teg;iJP«TO»BI-5 I li: • •• Mi Bonestroo Rosene Andertlk & Associates Otio G 9or*«creo flODTT X 9ose^ jotfon C AnoerkiL P€ Mjrvm L SorvMi WE ^Kr-^rc E 3>er>r 9 Coc« *ryyv^i £ Ncyev ?E 900«*t G Scnuf^<«. M C pa Cngmttrt ft ArcNtecU *> G<xae^ Pfi PE OonMI C iU9M PE .erry A lM9on. P€ * *^jrjon Pf >3 < P£ Vt:-jr T Raupr^jnn P£ pooen P P^e^¥*^ P€ D««nd o loibocj P£ •**crois A' Pptfiw PE C Lyncn PE .jr^ « Mmth S PE Mnntffi P Anoew* p£ M*r« 9 96Pl P| ftoom C «wt. A t A ^>«omai f Angui Pf •^CArJ*0 A SjnM Pf j Ecjgf»tcn PE M^ra A S90 PE P^**!© J C jsm«p P£ ivn«< Mjra D 'Aafti Thorn#! t ,G*iy » #y>*rW, vnw • »s ^ P^..!© Qf^ • %nt C Aipnjfi AiA AgntiM Ibng. ajCP jfny O Aprtnr- PE Cecio0*iv©r PE ftoort« OfOiOM PE Gjry W Montn PE ;; M«7 1, 1991 City of Orono ■ox 96 Cryatal Boy. MN SS323 Attni Mr. John Gorhardson lot Puaphouaa No. 3 Orono. Hinnaaora BIA Fila No. 13950 Daar Hr. Carhardtont Attachad la Raquaet for Paynant Mo. 7 for the Punphouse No. 3 projact. This pay raquaat covart aork conplated through April 30. 1991 •a racoasaand tha City accapt this pay request and pay the Contractor the aaount duo. If you have any questions, please call. Yours eery truly, BONBSTtOO. ROSENE, ANDERLIK i ASSOCIATES. INC Daryl L. Elrschannan OLEtpahtanc 139S0PR 2331 MMsst Highway 36 • St. Paul, RUnhasota SSttS • 612-636-4600 REQUEST FOR PAYMENT OATIi FUCtt May 1. 1991 Qrtmo. Minft««otA woJMCTt FtawhouM Wo. 3 nOJlCT HO. I FILE NO.t 13950 COMTIACTORi llch—r Ccmitruction AOOUSS t 7776 Aldw tfw______ FOR PERIOD: Proa: Apr. 1. 91 SPECIFIED COMTHACT COMPLETIOM DATE: May 15. 91 - Sub Jun 15. 91 - Final Fridley. MW 55»32 V, tlQOIST FOl PAYMOIT HO.t \ !»• It heVr «'■ V \ : ■■ U-e'- •t/''t- IK e y:i: I,-; ■i'A' ^ ,11 V-.. t*- w f 1.1 re V, hM.' I. ^ "'t pte' AlYt 1. OrltiAAl> Contract Anount Chang* Order - ADDITION Chang* Ordar - DEDUCTION Raylaad Contract Aaount Faina Conplatad to Dat* Natarial on Rand Aaount Bamad Laa* Ratainaga 5 I 8ttb>Total 2. 3. 4. 5. f. T. 8. 9. 10. 11. $ $ 7.677.00 $ $ $ $ $ $ Lata Aaount Paid Prayloualj ANOUIIT DOE THIS REQUEST FOR PAYMENT NO.: $ $ RecooMaandad for Approval bj: BONESTROO. ROSENE, ANDERLIK & ASSOCIATES, INC. To: Aor. 30. 91 211.340.00 214.017.00 206.377.SO 0.00 206.377.30 io.3i8.se 146.058.62 180.823.47 13.233.15 OVHER APPROVALS Dotat Approved a^» RICHMAR CONSTRUCTION Contractor By* 139S0PR I no JBCT t FUCEt statement of won PAYMENT MO.t___file mo.:______DATE:______Mat 1. 19911S950 Unit Est'd Quantity Aaount U-lit Price quantity To Date To Date Contract Ite® BID - PUMPHOUSE, HO. 3 L.S.$4,000.00 L S loot $4,000.00 Mobillt* & Bond L.S.9.500.00 L S lOOZ 9,500.00 Sito Piping Drain Manhole & Piping L.S.2,500.00 L S lOOZ 2,500.00 Site Grading (initial)L.S.2,500.00 L $lOOZ 2,500.00 Bite Grading (finith)L.S.1,500.00 L S L.S.5,500.00 L S Driravay L.S.33,890.00 L S 95Z 32,195.50 Concrete ( Maeonry Door, Hindoo B Hardoate L.S.3,200.00 L S lOOZ 3,200.00 L.S.2,900.00 L S lOOZ 2,900.00 Carpentry looting i Sheet Metal L.S.6,500.00 L S lOOZ 6,500.00 L.S.1,400.00 L S lOOZ 1.400.00 toot Match Precaat Boot Plank L.S.4,100.00 L S lOOZ 4,100.00 Lab Cabineta B Sink L.S.3,800.00 L S 95Z 3.610.00 • L.S.4,300.00 L S 75Z 3,225.00 Painting MydrO'Pneuaatie Tanka L.S.19,500.00 L S lOOZ 19,500.00 L.S.6,100.00 L S lOOZ 6,100.00 ' Air Coaqireeaor Aaa’y Proceaa Piping L.S.8,500.00 L S 10< 1 8,500.00 Hiae. Plonbing S Air Piping L.S.4,800.00 L S lOOZ 4,800.00 . L.S.18,500.00 L S lOOZ 18.500.00 poop t Motor mm # V V 1 D9S0PR Page 1 V,, PAYMENT NO.:• • • 7 1: Kfe' PLACBi Orono. Mlnneaota PILE NO.:13930 CONTRACTOS! Richaar Conftruccion DATEi MajL 1. 1991 STATEMENT OP VORK Unit Est’d Quantity Aaount Contract Iten Unit Price Quantity To Date To Data •Alt RfO- COMT'D. flov Motor L.S.2.100.00 L S loot 2.100.00 Chock Valve L.S.2,600.00 L S loot 2.600.00 ChOB. Food Equipt.L.S.7,000.00 L S lOOZ 7.000.00 Air Cond. A Ventilation L.S.7.250.00 L S lOOZ 7.250.00 Bloctrical (rough-In)L.S.6.500.00 L S lOOZ 6.300.00 MCC 1 Controla L.S.31.200.00 L S lOOZ 31.200.00 Bloc. Flsturoa 1 Plnlah L.S.6.800.00 L S 90Z 6.120.00 Install 6* topsoil, seed, fsrtilisor A Bulch Acre 4,000.00 o.s TOTAL IASI BIO VOBK althwati $195,800.30 I MMtitttt* prafonwd vail A roof panelf la lion of vood ahakva on the aunaard toot TOTAL ALTBRHATB NO. 1 NO. ^ L S $2,900.00 L S lOOZ $2,900.00 $2,900.00 »ABT A . SOFT STAIT TYPE STABTEE Bwiao BOtor atartlng equip, to a •iso 5 Allan Bradloy aoft atari TOTAL PABT A - AOO • ufson fe. L.S.$3,360.00 $3,360.00 $3,360.00 Page 2 4. t: :.V‘‘ t i-.H- Pr if '-'^ ''*-•*} ' V' «: i’: V l^': i:‘ ■5. « ♦ • •PtOJECTtPUCBt Pu«ohou«« Wo. 3Orono. Miim«aotaCONTtACTORt RichaT Constnictlon STATEMENT OF WORK Contract Itea PART A PART • TOTAL CHANGt ORDER NO. 1 NO. 2 PART A . Tim I ♦Jl SION muL PART C . ALT. CHEMICAL EQUIP. PAT" D . IRICE APJU8TMENT TOTAL CHANGE ORDER NO. 2 TOTAL RASE iXD tfORK TOTAL ALTERNATE SID TOTAL CHANGE ORDER NO. 1 TOTAL CHANGE ORDER NO. 2 TOTAL VORE COMPLETED TO DATE Unit PAMT ■ - COLD WEATHER CONDITIONS Rant md eovar for antonrj vork Additional labor for cold voather work Ttapr-^rp boating and oquip. protection L.S. TOTAL PART B • ADD L.S. L.S. L.S. L.S. L.S. .S. Page 3 129S0PR Unit Price $2,930.00 650.00 500.00 $0.00 265.00 0.00 -28.00 PAYMENT NO.tFILE NO.»_DATE:13930Hay 1. 1991 Eat'd Quantity Aaount Quantity To Date To Date 1 1 1 1 1 1 $3,360.00 4.080.00 $7,440.00 1 1 1 I 1 1 1 1 $193,800.30 2.900.00 7.440.00 237.00 $206,377.30 $2,930.00 630.00 ' 300.00 I $4,080.00 ! $0.00 263.00 0.00 -28.00 $237.00 w 4 m • * mproject payment status cm I nojccTt nu Mo.t COmACTORt Orono. Hlnnesota Puaphouta No. 3 13950 Richaar Conatructlon ORlcnUL COIITRACT j $211,340.00 TOTAL CHANCE ORDERS $7,677,00 REVISED CONTRACT AMOUNT $219,017.00 am U-S-90 5-•V. ' ¥ NO. 1 2 3 CHAIICg ORDER DESCRIPTION Rtvita aotor atartar: Provide heat 4 labor for winter conditions Tiae ext., spare brick, alt. chemical equip., brick adjust. TOTAL CHANGE ORDERS - ADD fOJlCT PATMEMT SOHMARTl(llljlil'IrlL r' VJr 12a >- . TOTAL PATMINT TO DATE UTAXIIAGI POR PAYMENT NO TOTAL TALOC COMPLETED $196,058.62 10.318.88 $206,377.50 139S0PR w m: m AMOUNT $7,440.00 237.00 $7,677.00 .BtlOD na IS payment THIS VOUCHER VALUE COMPLETED RETAINAGE 8-1-90 10-31-90 $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 4,149.70 12-21*90 2-4-91 66,829.17 153.340.50 7,667.03 2-S-91 2-25-91 5,225.00 158.840.50 7.942.03 2-26-91 3-31-91 29,9:5.00 190,340.50 9,517.03 4-1-91 4-30-91 15.235 15 206,377.50 10,318.08 , ..1 .j- r: ■:s--I I yII 43091.3 TO: FBON: OATS: Mayor and City Council Mark E. Bernhardson, City Administrat April 30, 1991 Vf* SOBJICT: Joint Council/Planning Commission Attachment: A. State Law Excerpt Chapter 204C.03 Public Meetings Prohibited on Election Day ISSUE • Present to Council updated information regarding the proposed joint Planning Commission meeting scheduled for: Tuesday May 21, 1991 INTRODUCTION - At the Council's April 22, 1991 Council meeting. Council tentatively scheduled a joint Council/Planning Commission ■eeting for 7:00 p.m. on Tuesday, May 21, 1991. It was noted at that meeting that it also happened to be School election day. As a result the meeting cannot start until 8:01. As noted in Attachment A. This is presented at this time as a reminder of the upcoming date together with determining if Council wants to schedule it for 8:01 or set a different date for this meeting. ALTERNATIVES 1. Confirm the date and change the time to 8:01. 2. Select a different date. 3. Postpone PROPOSED MOTION - Moved by seconded by __, that Council set 8:01 for Tuesday, May 21, 1991 as a joint Council/Planning Commission meeting. Ayes __, Nays __. cc: Jeanne A. Mabusth, Building s Zoning Administrator (WA\ <51 ,Ete^rr/cO 4 I MINNESOT ’"LECTION LAWS — |V8T CHAPTER 204C ELECTION DAY ACTIVITIES . " \ i . ...‘ V** • t* ,mr j. *. ; r« f*• > , • • • • • . 304C.01 DEFINITIONS. The definitions in *.^pter 200 apply to this chapter. Histafr ft98l c Z9 art 5 5 IJ 204C.02. APPUCATION. This chapter applies to all elections held in this snte except as otherwise provid' ed by law. History: fl98J c 29 art S s 2: I9S7 c 266 art 1 s 34} 204C.03 PUBUC MEETINGS PROHIBITED ON ELECTION DAY. Subdivision 1. School districts: counties: municipalities. No school board, county board of oominissioners. city council, or town board of superv isors shall conduct a meeting between 6:00 p.m. and 8:00 p.m. on the day that an election is held within the boundaries of the school distnct, county, city or town. Subd. 2. State Hhersitics and cwnmunity colleges. Except for regularly sched­ uled classes, no state university or state community college shall schedule an event betwwn 6:00 p.m. and 8:00 p.m. on the day that an election is held in any political subdivision in which the universit. or college is located. Subd. 3. Public elementary and secondary schools. Except for regularly sched­ uled classes, no public elementary or secondary school shall schedule a school sponsored event between 6:00 p.m. and 8:00 p.m. on the day that an election is held in any political subdivision located in that school distnct. Subd 4. Stale gomnment No suie agency, board, commission, department, or committee shall conduct a public meeting on the day of the state pnmarv cr general election. History: (1981 c 29 5 s 3 1983 c 303 s 12} 9|e 2MC.M EMPLOYEES: TIME OFF TO VOTE. Every employee who is eligible to vote at a state general eleci ion or at an election to nil a vacancy in the office of United States senator or United States representative has the right to be absent from work for the purpose of voting during the morning of election day. without penalty or deduction from salary or wages because of the absence. An employer or other person may not directly or indirectly refuse, abridge, or interfere with this right or any other election right of an employee. A person who violates this section is guilty of a misdemeanor, and the county attorney shall prosecuu the violation. Hlmory: (198! c 29 art 5 s 4: 1988 c 578 s 3] 204C3H state ELECTIONS; HOURS FOR VOTING. Subdiv.aon 1. Opeaiag and closing tiiMs. Except as otherwise pro' J-d i*' this ••ctioii, at the state nr •■-.jry and the general election the hours foi' vcfing in every precinct in the t ..^e shall begin « .00 a.m. and shall extend continuously until 8K)0 p.m. Subd la. Electiani; otg^ia. 'own. The governing body of a town with less than SOO inhabitants according to tne most recent federal oecennial census, which u iocnted outside the mstropoiitan area as defined m section 473.121. subdiv.. »« 2»^^my fi^^a later tune for voting to begin at state primary special, or general elections, if approved by a vote of the town electors at the annual town meeting. The quesuon of shorter voting hou- must be included in the notice of the annual town meci'iig before the questior « be submitted to the **»ctors at the meeting. The la^ ti».v may not be later than 0:00 a.m. fo' special, primary . or general elections. T*m* .<ovn clerk shall either post or publish notice of the changed hours and notify !.• .yjiv auditor of the change 30 days b’tfore ihe election. > * * ' • V ' - . Ef‘, pfT- . ft ’ .•p r K*: H: iy 4 1-r 43091.4 TO: FIOM: DATS: Mayor and City Coun:il Mark E. Bernhardsor.f City Administrator; April 30, 1991 80BJBCT: Like Minnetonka Cable Communications Commission Response to Inquiry Attachment: A. LMCCC Letter Dated 4/25/91 ISSUE - Provide response from LMCCC related to issues outlined by Tim Patrin in his presentation to Council on April 8, 1991. IHTRCnUCTIOH - A*-, the Council's April 8, 1991 meeting, ^r. Patrin In bo^ written and verbal report indicated some of his concerns related LMCCC's operation. Attachment A responds to those and it is the hope of the Cable Commission Administrator represents responses to those issues. ALTERNATIVES 1. Accept. 2. Discuss emy issues 3. Request ar tic 1 Information. 4. Table for i *er discussion. RBCONNBNOATION - It is recommended that unless Council has any further questTons on the issue that the Information be accepted. PROPOSED MOTION - Moved by _, seconded by _, Council acknowledge receipt of the information from the Lake Minnetonka ^able Communications Commission regarding issues raised by Mr. Patrin at the Council's April 8, 1991 Council meeting. Ayes Mays cc: Jennifer Watts, Administrator Tim Patrin, Orono Representative p Lake Minnetonka Cable Communicatio443 OAK STREET • EXCELSIOR MINNESOTA 55331 • 1612) APR 2 6 April 25, 1991 H*yor Barbara Pataraon Orono Cl'ty Council City of Orono Box 66 Crystal Bay, MN 55323 Daar Mayor Patarson: At tha April 8 aaating of tha Orono City Council, a raport was pr«s«ntad by Tis Pattrin, an Orono rasidant racantly apppointad to tha Laica Hinnatonka Cabla Communications Commission. As adainistrator, I was plaasad to saa a diractor taka such intarast in communicating cable issuas to tha city; howavar, soma of tha points mada in tha raport ara not supportad by faots, and it is important they be clarified for tha racord. Xha raport bagins with a listing of figuras drawn from tha Fabruary Just Claims raport; howavar, tha correct rafaranc figuras should be: as and Ending ehacking account balano Balanea shara account Balanea prafarrad account CDs TOTAL FUNDS S 110,622.76 4,855.29 1,320.32 26,000.00 2O.0OC.00 S 162,798.37 As you know, tha commission racaives its annual ravanuas from tha cabla oparator onca a yaar, and racaivad tha chack for S97,?73.8l in Fabruary, thus tha high balance. And tha conti Ibution to those rw wnuas by subscribers in Orono was 819,200.81. (These figures and more data from tha cabla oparator ware provided to you in tha annual raport by Triax submitted in Fabruary to each commissionar representing his/her city council.> Tha raport notes incorrectly, according to my records, tha breakdown of expanses for 1990. Tha correct figuras ara: Staff Salaries Oanaral Operating Expanses Spaolal Fund Allocations Aeoass/Studlo Equipment Funds 45S 37* 10* 8* I ^ = t > • . “f. i- tr- }■' t-tT- Pi c». tr i'f ^L k' ;^V % r «# P4-. .. L«tt«r to Mayor Paterson Page Two On page two of the report, Tim r«*viewa his understanding of the eoeeieelon'e recent activities and his concerns regarding them. He states that the cosmission approved a new staff position to fecilltate playback for the new channel: In fact, the part^tiee pj^eduetlon assistant position# which has been in place for eany yeers, assueeed the additional duties of playback while staffing the studio two evenings a week and on Saturdays; neither the hours nor the salary of the position have changed as a result of the ohennel playback responsibilities; additionally# the oennlsslon agreed to the sanagenent of the new channel and noted the opportunity It would provide for live studio capabilities. Xhe report also notes concerns regarding the prograssing output froe the Excelsior studio. It should bo noted that coeeunlty television facilities are designed for use by the public. The responsibility of the staff is to proeote the use of the feellities. The following figures represent actual prograss produced by the Excelsior and Orono studios: 1990 Orono 38 prograss Excelsior 76 progress 1991 <as of March 31# 1991) Orono 7 progress Excelsior 24 progress Additionally# referenda to "best-equipped... over-staffed" subjective statesenta that are not supported by fact or oosparlson in the report or elsewhere. Finally on this natter# the Orono studio nanager and I have worked cooperatively to address the needs of that studio; however# our effort to provide additional staff to the studio In 1990 end to offer production training only served to provide editing assistance for school and non-cable prograns. There was no Interest in the classes offered and no participation in production during the extended hours. As a result# we have been trying to find a better approach to seating the goals of that studio# which would be to provide access to the public as a whole to coeeunlty television prograaeing production. r % t U: ir;: r # tifem, :li’^:r I IL:*mM 'k 1^ f-"- ^r I- rf-z •j L«tt«r to Mayor Potorson Pago throo Xho aooortion rogardlng th# nuabor of hours of progranolng fron tho Orono studio was addrossod In procodlng paragraphs. And in roforonco to tho oqulpoont purchasos for tho Orono studio, it should bo notod that Brian and X eosounicatti rogularXy on tho noods of tho studio and addross thoo as wo aro ablo. Horo loportontly« tho franehiso statos that Triax is rosponsiblo for ^ho •oaintonanco of thoso facilitios...including its plans for aoooooodoting futuro growth and changing noods and dosiros....* On tho oattors notod by Tin in roforonco to tho porformanco of tho cablo coopany, a fow corroctions should bo notod: 1> Triax did not agroo to rospond by tho April Mooting to tho quostions raisod by Tio rogarding tho Holy Maao School; 2) Thoro was no notion oado by Tin or any othor director rogarding tho preparation of language addressing a tio. lino on sorvico calls, specifically on return paths. Tie oado eoanonts rogarding this oattor, but no action was offered or taken; 3) Tho hoadond referred to on page four is not located in Orono, but rather in Long Lake at 2005 Daniels Street, according to oy records. I appreciate tho tioo you have taken to review this inforoation and would request ;t bo included in the next council mooting packets for review by all Orono city council menbers. Thank you. inif Watts liniMrator ee; LMCCC noober cities f ; f 43091.6 /(^ TO:Mayor and City Council COUNCIL MEETING FBOM:Mark E. Bernhardson, City Administrator OATS:May 7, 1991 MAY 1 3 I9d.i CITYOFOROIIO SOBJBCT: City Facilities Attachment:A. Planning Commission Facilities Site Recommendation Dated 5/6/91 B. Planning Commission Minutes 5/6/91 Meeting C. Facilities Site Recommendation Memo to Planning Commission Dated 4/30/91 D. Boatman Schematic Schedule Dated E, Letter to Facilities Committee and Planning Commission ISSUE • 1. Receipt by Council of recommendations from the Planning Commission and the Facilities Committee regarding facilities site. 2. Determination by Council of site selection. 3. Direction to staff regarding further action related to site acquisitionf if any. 4. Further work direction to develop schematic. INTRODUCTION - The Council, at the April 4, 1991 facilities meeting with the Planning Commission and Facilities Committee asked that each of the two bodies present recommendations to Council regarding a proposed site for new facilities. Attachments A and B represent those written responses. DISCUSSION As noted both Committees unanimously recommended the Highway 12 site, which the City currently has under option. The Facilities Committee indicated that the property on the southwest corner of Highway 12 and Old Crystal Bay Road represented an adequate alternative, however, were concerned about the acquisition cost of such property. The Planning Commission was split on the issue with some members finding the northeast quadrant site preferable because of the desire to create a "community campus* for development of City Rail, library, arena, etc. Present at both Facilities Committee and Planning Commission were Mr. Farnham and members of his *Orono Tax Payers Association* together with other interested public members. The Planning Commission at its May 6th meeting indicated that they had concerns about the ability to downscale the facilities to the size Mr. Farnham suggested and that even if they could. r ■i ft . :V k y. Ik i : [■'< !r 'I tt' that placing those facilities on the existing Crystal Bay site would not be compatible land uses with the neighborhood and as such would require at least a split site for Public Works. Once this decision would be made the cost then favored the Highway 12 site foe a common facility. It was the Planning Commission's recommendation that nothing be done with the Post Office, but allow it to continue as it is and expressed no opinion on whether the current City facility site should he park land or sold for residential purposes. ALTERNATIVES Issue ♦! and #2 1. Accept the recommendations and transmit thanks to both groups. 2. Decide on a site. 3. Not choose a site. Issue #3 1. If site #1 is selected, direct staff to exercise the option. 2. Delay exercise of the option for a couple of months. 3. If another site is selected, direct staff regarding any acquisition/other preparation such as obtaining rental facilities if site #3 is to be used. Issue #4 1. Direct the architect to begin schematic design work in relationship to site selected. 2. Dela^ • irther direction on that until a site decision is further maca. 3. Table discussion until May 28, 1991. RECOMMENDATION - In line with the Facilities Committee and Planning Commission recommendation the following is recommended: 1. The site on Highway 12 be selected. 2. That staff be directed to exercise the option by June 15, 1991. 3. That the architect be directed to immediately begin design work on the Public Works facility. %I& 4. That the Facilities Committee, Planning Commission and Council be involved in the sizing in the following issues during that schematic design phase: Square footage/size Shape Materials Cost range 5. Direct architect to begin schematic phase. PROPOSED MOTION - Moved by _, seconded by _, Council accept the j^^QOMsendations and findings of the Facilities Committee and th^iurro^?!:: cti\ facilities. Additionally the City Council directs staff regarding the option on the property on Highway 12 and directs the architect to work to undertake schematic design working with the Pacilities Committee, Planning Commission and Council in a range of issues involved in that design phase. Ayes __, Nays —. cc:Department Heads Planning Commission Facilities Committee Jack Boarman, Boarman & Associates I. E i Tot Datet Subject t Mayor Peterson & Orono Council Members City Administrator Bernhardson Orono Planning Commission May 6, 1991 Recommendation Regarding Need for New Municipal Facilities and Preferred Site(s) for Location of These Facilities The Planning Commission voted unanimously to recommend the replacement of the existing^ substandard facilities of the City and to adopt a plan to expedite the installation of facilities consisting of City Hall and Council Chambers, Police station and Public Works office and garage based on the findings set forth in the Citizens* Facility Committee report* It is further recommended that these facilities be located on a single site to achieve economies in operation, increased efficiency Xevel of services to residents, positive impact on staff morale finally to create and/or define an indentification (ID) for City of Orono. The Planning Commission unanimously recommended Site #1 (Highway 12 and Old Crystal Bay Road) as preferrable to the four other sites studied by the Facilitie • Committee. Sites #2 through #5 (Site #2, old sewer pond» Site #3, " current facilities? Site #4, North Shore Drive park land? Site #5, County Road 15 - east of Hennepin Countiy DOT facility) located in established or developed residential areas, some with very high densities. If the total facilities were to be placed on either of these sites, it would be impossible to minimize the ismact on existing residential development. In addition to the findings cited by the Facilities Committee in their report, in consideration of the five sites, the Planning Commission notes the following findings in their selecting Site #1 as their preference? 1. The new facility must address the needs of the City for at least 50 years. If expansion was necessary at some time in the future, it would be impossible to expand without granting excessive variances. 2. The Planning Commi sion unanimously concurred that variances should not be granted by the City in tlw planning for the new facility. At least 2 of the sites (#^ and #3 - old sewer pond site and existing facilities) would require multiple variances because of restricted building envelopes. Planning Commission Recommendation Nay 6r 1991 Page 2 of 2 3. Traffic safety concerns should not be an issue as the intersection has a traffic light, 1993 safety improvements shall only improve safety on Highway 12 and at the intersection of Old Crystal Bay Road. Development at this intersection with schools, government buildings, library and other public facilities will necessitate special transportation planning in the upgrade of the Highway 12 corridor. Access to either the north aide of the Highway 12 or the south side of Highway 12 should not be an issue. In response to the issue of the impact on transportation and trazfic on the north side if the complete complex is placed at the northeast quadrant, it should be noted that current planning for this area would allow high density residential development (10 units per acre) and/or commercial development that would provide as much or greater i*"oact on existing traffic facilities. 4. A municipal facility at this location will be most compatible with surrounding proposed development of office complex, Hennepin County library, community service center, church and sports arenna. The Planning Commission wishes to acknowledge and extend its appreciation to the members of the Facilities Committee, Jack Boarman of Boarman aud Associates, Mark Bernhardson, City Administrator and other staff members who have assisted the Citlsens* Comsiittee and members of the public who have taken the time to provide input and present their concerns during this phase'of the study. This recommendation has been based not only on our own experiences as planners for the City, but as concerned residents of our community. MIHDTBS OP THB PLANNING COMMISSION MEETINGHELD MAT 6, 1991 The Planning Commission met on Monday, May 5, 1991. Chairman Kelley called the meeting to order at 7:00 p.m. Commission Members Johnson, Moos, Cohen, Schroeder and Bellows were present* Candace Rowlette was absent* Representing the City were Mark Bernhardson, Public Works Director John Gerhardson, Building and Zoning Administrator Jeanne Mabusth, Asst Planning & Zoning Administrator Mike Gaffron, Public Works Supervisors Jack Brinkhaus and Wayne Quast, and Cit^ Recorder Teri Naab. Consultant Jack Boarman of Boarman & Associates was present also. All those in attendance were given a tour of the City facilities. Mr. Boarman explained that since his firm was hired in 1988, they have gone through three part process which consisted of the following steps: a space size analysis, community comparisons and a site analysis. It was determined the all departments (excluding public works) would need a building of about 16,000 to 18,000 square feet. Currently, without public works, the buildings total about 8,000, plus approximately 3,000 square feet for the police department building. The new facility for public works would be about 28,000 square feet. He explained there are currently 5 sites being considered. C. Steven Wilson, Chairman of the Facilities Committee presented the Committee's views and lecommendation. He noted that the Conosittee had 18 members, appointed by the Council last year. The Coesnittee met with Mr. Boarman for initial direction, but from there received none from the Council or staff. The Committee first agreed that new facilities were needed. From there they came up with the following criteria: easy access, not a residential area, not taking residential property, easily . :>ctable, municipal utilities and room for expansion. The fv, .lowing sites were considered: Site II “ Highway 12/Near School. This site meets all the criteria Identified by the Committee. It has municipal utilities available, is in a non-residential area, near the schools and possibly a new library, is easily accessible, and has room for expansion. Site #2 - Old sewer plant - Old Crystal Bay Road. The area is exclusi**ely residential with limited access. There was **hought on straightening this very narrow, curved roadway which would be quite expensive. The site does not have room for manueverability. There are no municipal facilities. Site #3 “ Current site - Crywcal Bay. The major problem here is si:e and there is no expansion room. The .site would have to be granted variances to build. ?he Committee felt that they wanced a common campus for all departments. ft ! ■h ► L (r j. . .U-- iil^ MZIIDTBS OF THE PLANNING COMMISSION MEETING HELD MAY 6, 1991 Site #4 - North Shore Drive/Highwood Road. This area is totally surrounded by residential. Site - Shoreline Drive/Near Hennepin County Site. This site was considered 'O far off the beatened path and is not easily identifiable. The Facilities Committee has drafted a recommendation for Site #1, Highway 12 near the schools. The following perso< hearing portion to express in attendance for the public views: Norm Paurusr 2500 Casco Point Road - He questioned how demographics have p ’ yed in the decision of site location. Chairman Kelley noted that the only possible future growth would have to be in the northern portion of the City as the southern is already almost fully developed. He also noted however that the northern portion of the City is zoned 2-5 acre so the density will remain relatively low. The projected maximum population for the entire City is estimated at 10»000. Wilber Andersonr 3555 Frederick Street - He noted that the •ite being centrally located is essential. He felt that is the site on Shoreline Drive is considered off the beatened path, then the Highway 12 site is even more so. He also noted that Highway 12 is tL'O busy and there are safety concerns that should be addressed. Crystal Bay is where the facilities should be located• John Farnham, Represent, ‘-.ive of "Orono Taxpayers ’ Association* and property owner -li 3225 Carman Road - He noted that centrality is the major concern. He also reviewed issued covered in Exhibit G of the packet entitled "Another view on the location of a new Orono City facility ”. Chairman Kelley asked Mr. Farnham who is on the Orono Taxpayers' Association. Mr. Farnham noted that the group is very informal# perhaps 5 to 7 people are in the immediate group# however ideas come from perhaps 100 residents or more. The group is looking for a facility that is convenient# accessible# appropriately sized# not too much money# and located at the present site. COBUiissloner Bellows asked Nr. BO’-rman to comment on the process used to size rooms within the facility. mmmmMINDTES OP THE PLANNING COMMISSION MEETINGHELD MAY 6, 1991 Mr. Boa rman noted that they do use a fo rmu la based on services, staff and space. There are standards pre-determined to indicate how much space is needed for critical mass. Seme of the space needed comes from the police department determining they will have lockup cells for short term rather than transporting to Hennepin County. He also noted that his firm has compared 18 communities with Orono in both population and land size. Gary Printup, 1261 Briar Street - He noted that he is opposed to the Highway 12 site. He felt that the current site with 2.5 acres is more than adequate. He noted that to build the building being proposed, over half of the 2.5 acres would be in parking or green space. Mr. Printup critized the Facilities Committee in the preparation of their recommendation because first off they did not have a quorum on the meeting night which it was drafted, and second the meeting was closed to public comment. Mr. Wilson reiterated that there was only one-thira of the Members present at the meeting, however they were there to draft a written recommendation, one that had the previous year been presented to Council orally. The recommendation had not changed from the previous year, rather only been written down at the request of the new City Council. Furthermore, the reason why the meeting was closed to public comments was the sole purpose of the meeting was to accurately draft a recommendation which previously had been orally been given to the Council. Jim Tuvey, owner of property on North Shore Drive - He wanted to know what would happen to the Crystal Bay site buildings. He felt it is the City's responsibility to clean up the site, especially if the facilities is moved to the Highway 12 site. Lisa Olson, 4196 North Shore Drive - She noted her opposition to the North Shore Drive site stating there are much better sites being looked at. She also felt a cost comparison should be done between the Crystal Bay Site and Highway 12. She felt that the Highway 12 has inherent values by being close to the school and library and would make a good City "community-type center” and she supports that site. Curt Quady, 1223 Brown Road South - Re noted that this has been a bedroom community since inception with relatively no business aspects. He felt that the City Hall has been at the current site for a long time with no problems and wants to continue its use there. He cannot see purchasing a "marsh" on Highway 12 to keep it as green-space. The City does not need a large facility like that. George Gatz, 1361 North Arm Drive - He is opposed to the North Shore Drive site. MINUTES OF THE PLANNING COMMISSION MEETINGHELD MAY 6, 1991 Lucille Kut2r 1462 Park Drive - She stated her opposition to the North Shore Drive. She also noted that she and her husband had sold in 1970 the 13 acre property to the City with the exclusive ri^ht of 1 acre to be used as a garden. At that time the designated the property to be exclusively as "park land". Zoning Administrator Mabusth noted that is the property was purchased with park dedication fundSr indeed the property could not be used for anything else. She also stated that she had received a call from Mr. Edman of 3872 Northern Avenue expressing his opposition to the Shoreline Drive site as they already have noise problems with the Hennepin County facility. Norm Paurus stated that the facility site should be centrally located as it will be very difficult to move in the future. He felt that those chosen to select a site must listen to the taxpayers and what they would like to see as a site. Audrey Schultz, 1442 Park Drive - She concurred what Mrs. Kutz had just said and expressed her opposition to the use of the property on North Shore Drive. She felt that if the Crystal Bay area is used, perhaps the public works department would be better at the Old Crystal Bay site to provide better screening. Chairman Kelley agreed that public works should be screened frOTi view. Mr. Farnham noted that one comparison he did was with the City of Crystal, whereby they are almost three times the size. In comparison, their facility is much smaller than that proposed per staff/square foot. They also have their facility located on a site of 1.5-2.00 acre parcel. He also asked Mr. Boarman to comment on why the City of Minnetrista did not have to sprinkle their building. Mr. Boarman stated that the City of Orono had adopted Appendix E which requires both public and private buildings of a certain size to be sprinkled. Minnetrista had not adopted this Appendix as many rural communities choose not to. Commissioner Bellows explained that Windward Marine, located in a non-hydranted area, just recently asked for a variance to this Appendix E to be allowed to waive the sprinkler system installation because of the high cost. His request was turned down. She therefore does not feel that a variance for City Hall would be appropriate and the cost of installing a sprinkler system on the current site would be very expensive. Chairman Kelley closed the public hearing at 8:45 p.m HINUTES OP THE PLANNING COMMISSION MEETING HELD MAY 6, 1991 It was moved by Kelley» seconded by Cohen, that the City of Orono does need a new facility for police, public works, administration and City Hall. Ayes 6, nays 0, Commissioner Schroeder asked what the response time would be for the police department in case of an emergency if they were to be located on Highway 12. Mr. Boarman noted that the police department is definitely not waiting at the police station for calls to come in to respond to. The cars are out in the community, moving through assigned patrols and the radio dispatch at the facility will then inform the car or backup in the appropriate area of an incident. Mr. Bernhardson noted that the police department currently is in the northern portion of the City and has been there since the early 1980s with no problem with location. The police department has now gone with differential shift times to ensure coverage of all areas at all times. Also, when an officer is in transport to the Hennepin County facility, another car will cover the area. Commissioner Bellows questioned the need for future fire stations for protection. What are the long-term needs for a new station? City Administrator Bernhardson explained the districts. He also noted that provisions have been made in the comprehensive plan of the City for a fire station to be built in the Navarre area as the area has a high density, thus a higher probability for fires and the response time is faster in a higher density area for a volunteer department. The only station expansion discussions have been for the Navarre area. He explained that the City has adopted Appendix E which requires sprinkler systems for all public and non-public buildings of a certain size no matter if it is in a hydranted area or not. Commissioner Bellows asked if any of the sites being discussed a potential for a fire station site? Chairman Kelly noted that the only area of possible consideration would be Site #5. Commissioner Johnson felt that variances should not be granted for a new facility. He felt that the issue really came down to two sites, this one and the Highway 12 site and given the fact that the City Ball is a building that should last 50 years, he felt that a complete facility could be shoehorned on this site, but for how long will it be effective and how soon is the need for expansion going to be? He indicated his preference would be the Highway 12 site. MIMOTBS OF THE PLANNING COMMISSION MEETING HELD NAY 6, 1991 Commissioner Cohen felt inclined to vote for the Highway 12 site because he feels all the facilities should be in one location with criteria for screening the Public Works Department from the general public areas. He also noted that it doesn’t have to be one facility, but rather at one site. There are economic reasons for having all facilities at one site. Also, there is no room for expansion at the current site* He also noted that he has been at the Crystal site and there may be reasons for the differences, and also it is an old building and everyone was very cramped. The facility will be here a long time and it should be done right. Commission Moos felt the same as Commissioner Cohen. Commissioner Schroeder asked how this issue would be resolved in respect to a referendum? Also, does the upgrade of Highway 12 pose any problems for the Highway 12 site? Chairman Kelley noted at the Planning Commission level the issues of funding for a project have been avoided. The elected officials have the sole decision in that area* He also noted that Highway 12 is .scheduled for upgrades in the near future which should solve some of the safety concerns for this site* During the Highway 12 Corridor Study it was determined that no future curb cuts onto Highway 12 would be approved and rather a frontage road has been planned to alleviate traffic problem flows (between Bro%#n Road North and Old Crystal Bay Road North)* Commissioner Bellows concurred with the opinions stated and noted'the enormous amount of effort expended by both the Facilities* Committee and the Consultant. CounclImember Callahan asked the Members to state their opinion of the southwest quadrant vs. the northeast quadrant site currently being proposed. Chairman Kelley noted that he felt either site was appropriate, but preferred the southwest quadrant. Commissioner Bellows original preferred the southwest quadrant, however after further review feels that perhaps the northeast would be better as all facilities (City Hall, library, school) would be together. Commissioner Cohen noted that the traffic flow in the northern section may become a problem. It was moved by Commissioner Cohen, seconded by Commissioner Bellows, to recommend the Highway 12 site for the Orono municipal structures. Ayes 6, nays 0. J ».. . ^ MINUTES OP THE PLANNING COMMISSION MEETINGHELD MAT 6» 1991 adjournment - It was moved by _ _ _ _ _» seconded by • to close the meeting of the Planning Commission at 9:07 p.m. Ayes - -, nays ATTEST:Barbara A. Petersonr Mayor Dorothy M, Hallin# City Clerk REPORT OF THE ORONO CITIZENS FACILITIES COF.y.I I. Formation/Purpose. In April of 1990 the Orono City Council appointed an eighteen (13) member Citizens Facilities Committee composed of a diversified group of Orono residents. The Committee was charged with recommending to the Orono Planning Commission and Orono City Council one or more sites for location of a new City Hall and Council Chamber, Police Station 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 Poarman of Boatman & 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 order 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 projectd City needs, new city facilities of comparable communities and proposed City facilities sites. III. Findings. following findings: Based upon its review the Committee made the 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: (a) Easily accessible to the public. REPORT OF THE ORONO CITIZENS FACILITIES CC'C'.ITTEE (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 future needs as yet undetermined. (h) Open for building expansion and growth. The Committee determined that there are operating efficiencies, cost savings and morale benefits to City employees for location of a City Hall, Police Station and Public Works Garage at one location. The Committee discussed at length the desirability of having a central location within Orono for City facilities. The consensus of the Committee was that prominence of location and ease of access to the City facilities were more important than centrality. IV. Site Review. The Committee reviewed five sites which the consultant and City staff had preliminarily determined to be available without condemnation and feasible for locatio:. * one or more City facilities. The five sites and the Committee's reviov findings are: (a) Highway 12 and Old Crystal Bay Road (Orono School Site). This site meets all of the Committee's criteria. The committee felt that Highway 12 is the main feeder for the Community, that the proximity of the Orono public schools complex further reinforces the identity of Orono and that the possible future development of a Hennepin County library and an ice arena nearby were additional pluses. The site has plenty of room for future development and utilities are readily available. (b) County Road 15 (adjacent to Hennepin County Public Works). This site also meets all the Committee's criteria but there was little interest in the site. The site was considered to be somewhat small and access seemed to be somewhat difficult. The site provided no real identity for the City facilities or for Orono. (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 Station (without a Public Works Garage) is marginal without acquisition of several residential properties and/or report or THE ORONO CITI3EM3 "^ACI «. A. ^ >-0 * # « * ▼ fT^fT^ 7;^ . .,‘.1. * w variances. There is some concern that a larger will create additional traffic incompatible surrounding residential area. City Hall with t h e (d) County Road 19 (Park Land Site). The Committee felt strongly that this site was far too residential and thac 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. Additional concerns with the site were its relative narrowness limiting flexibility in development and the current layout of Old Crystal Bay Road, specifically the narrowness of the road, the large curve at the entrance to the site and the availability of only one access road from the site to Old Crystal Bay. V. Economic Considerations. Economic considerations were not a primary selection criteria of the Committee for a site. It was recognized that costs of new facilities will be driven more by the cost of improvements built than by the cost of land. Rather, the Committee sought to recommend a site «’hich would give the City the most flexibility to design and develop ultimately detrmined to be appropriate for Orono. Nevertheless, the Committee was aware that the principal argument in favor of the Existing City Hall site and the Old Crystal Bay Road site were that the sites were already owned by the City and that utilization of either or both of these sites would reduce land costs of new City facilities. The City's facilities consultar prepared an estimate of site costs exclusive of building improv ments comparing costs for four possible sites. The sites were (1) all facilities at the Orono School site; (2) all facilities at the Old Crystal Bay Road site; (3) City Hall/Police at existing City Hall site and Public Works at Orono School site; and (4) City Hall/Police at Existing City Hall site and Public Works at Old Crystal Bay Road site. That estimate is attached to this Report as Attachment A. In general the attachment supports the conclusion that there is no appreciable difference in site costs of any of the four sites. This is due to the fact that the cost of acquisition of the Orono School Site is assumed to be substantially offset by the sale of Old Crystal Bay Road site and the cost of soils correction work at the Orono School site is offset by the need for water/spr ink ler support at the Existing City Hall site and the Old Crystal Bay Road site. Of course, the attachment is only an estimate and is based upon certain assumptions such as the city's determination to sell property but the Committee believes the attachment provides a sufficient basis to reach the conclusion that economic issues REPORT OF THE OROMO CITIZENS FACILITIES COMMITTEE should not drive the site selection process. VI. Recommendation. It is the unanimous recommendation of the Committee that the City acquire the Orono School Site for development of combined City facilites including a City Hall, Police Station and Public Works Garage. The Committee notes that if the property at the southwest corner of Highway 12 and Old Crystal Bay Road which is in close proximity to the Orono School site and which was previously investigated by the City as a possible site, could be acquired at reasonable cost, that property would also meet the Committee's criteria for site selection. April 29, 1991 Orono Citizens Facilities Committee Nancy Walsh Gretchen Menzel C. Steven Wilson Morris Nelson L. Bill Stubbs Dr. Robert Gehrman Mary Smith Marvin Kramer Helen Hauser George A. Johnson C. Steven Wilson, Recorder ORONO MUNICIPAL CKNTl-'.U PROJECT SCHEDULE \ SPACE NEEDS & SCHEMATICS 1 WORK TASK a. 3. GOVERNMENT REVIEW K CITY COUNCIL I. PLANNING CQNHISSION COMMUNITY REVIEW A. CITIZEN GROUP I. PUILIC HEARINGS. SITE SELECTION 4. 5. 6. 7. FINALIZE SPACE NEEDS SCHEMATIC DESIGN COST ESTIMATE FINANCE REVIEW APRIL MAY -- - % ^ ^ 4 - jC fr • - ■■ ..j - •*V • --•--— . o o CITY of 0» A. \' * ' ^•^^ESBO^-'*' ^fllnlcipal Offices Pom Office Box tth Cnsxj\ Ba>. ^Unneo^a 5531' THIS LETTER ALSO MAILED TO: May 9, 1991 C. Steven Wilson 2485 North Shore Drive Wayzata^ MN 55391 Georije A Johnson Helen Hauser Marvin Kramer Mary Smith Dr. Robert gehrman 1 bill Stubbs Morris Nelson Gretchen Menzel Nanev Walsh Dear Facilities Committee Member» This letter is written to thank you for the work you have done on the issue of facilities and particularly your report that you approved at your April 29, 1991 meeting. As you may be aware the Planning Commission at their May 6, 1991 Planning Commission pub 1ic hearing unanimously voted to agree with your committee's site selection. Enclosed is a copy of the informational packet that was given Planning Commission before their May 6th meeting. As you may also be aware the Council will be considering both the Facilities Committee and Planning Commission recommendations at their May 13, 1991 Council meeting. We would strongly encourage you, as a member of the Facilities Committee, to be in attendance. / Sincerely, i Mark E. Bernhardson City Administrator Enclosure TELEFHONE - 4TJ-7357 • FAX -473415UI o o CITY of ORONO MunK'ipi&i < )ffWa PnM Otflce B*»\ fiA Costai Ra%. NlijuHjM>u 5531? HIS LETTER ALSO MAILEC TO:9 W i: May 9, 1991 Alice Derry Charles Krocness Gabriel Jabbour Larey Lindberq Craic Christensen Robert Minkenia Marsha Rokke Thoma? DeVeau 680 Toakawa Road Long Lake, MN 55356 Dear Original Facility Conunittee Member, This letter is written to thank you for all the work you did last year regarding site facilities ^ ^ ^^Thedate reaardinq the current process on faci1ities. The individuals on \he Facilities Committee that chose met on Aoril 29, 1991 and adopted the enclosed report as the met on Apri , eih® This written recommendationwritten recommendation as to site. inis wcxtuci «r-ir,4nai was in the minds of the Committee, reducing your original ceconmendation to written form rrt.inr'iT at an Aoril 4, 1991 Counci 1/Faci 111 les/P lanning c2™itwe «Mtin9 regatdln, facilities The recommendation was then presented the Planning Commission at a oublic hearing on site matters at the May 6, 1991 meeting. The Planning Commission unanimously endorsed the Hig way Facilities Committee recommendation. If you are interested in this process further, the Cou .il will be considering the site matter at its May 13, 1991 Council meeting and we would encourage you to attend. Sincerely, Mark E. Bernhardson City Administrator Enclosure cc: Mayor and City Council telephone - -ITS-TSS? • FA.X - -fTLOSlO r o o CITY of ORONO \ • .V Muniu^iaJ Oflko Po4 < )ffice Bo\ h<» ('n*^ 8a^. Minnesota 55J13 THIS LETTER WAS M-AILET TO: May 8, 1991 Jeffrey Johnson Charles Schroeder Sara Moos Maureen S. Bellows udward Cohen Charles Kelley, Chair Orono Planning Commission 2720 White Oak Circle Long Lake, MN 55356 Dear Charles, Thank you for the manner in which you conducted the meeting on May 7, 1991 to develop a city facility recommendation regarding site location. This will now bo forwarded to the council at the May 13, 1991 Council meeting. As members making this recommendation, we would encourage you to attend. f Sincerelv, - Mark E. Bernhardson City Administrator cc: Mayor and Council TEtEPHONE - 4TJ.T357 • FAX • 473-0510 o o CITYof ORONO ■ .. ■ 0 > luAkipaJ OfTWcs Pf»i OfTWe Box ft6 Cnxtal Ba>, .Miimesoia 55? :J May 8, 1991 Candace Rowlette 3775 Bayside Road Long Lake# MN 55356 Dear Ms. Rowlette Thank you for =Planning Commission for the meeting of May 7, 1991. ahe . la g Commission's recommendation .Jjav 13 1991^ vn Pouncil for consi^r^tion 3t tn^ »*lay iJ# ^ Jo5n?il merti^*;*/AT'ayo°her of the Planning Comt-isslon, we would encourage you to attend this meeting. Sincerely Mark E. Bernhardson City Administrator cc: Mayor and City Council X£LEPH0NE - 473-7357 • FAX • 4734)510 /743091.5 TO: FROM: DATS: Mayer and City Council Mark E. Bernhardson, City AcT.inistrator April 30, 1991 SUBJECT: Stubbs Bay Sewer uncilmeeting MAY 1 3 im enyoFORONo Attachment: A, Draft - Charge to Conunittee B. Committee Roster & Representation Map C. Ziesmer Letter of Agreement ISSUE 1. Present to Council an updated roster of the Conunittee members serving on the citizen task force for sewer in the Stubbs Bay area. 2. Present for Council consideration a charge to the Committee to assist in their deliberations. 3. Present for Council review the draft agreement staff will be using in relation to the Ziesmer Variance. 4. Additional members request for task force appointment. INTRODUCTION - At the Council’s April 22, 1991 Council meeting they appointed a citizen task force committee to review issues related to Stubbs Bay sewer. At that meeting it was indicated that staff would prepare a draft charge for Council to review to assist'in the direction of the committee. We have had inquiries from other residents who would like to be on the committee. They have been directed to write a letter to Council or come to the Nay 13th meeting. No letters have been received yet. One concern is that not all areas may be represented by the group in place (see map). DISCUSSION - Mike Gaffron has drafted Attachment A to address the scope of issues for the task force. Subsequent to the Council's April 22nd meeting, Mr. Gaffron has additionally provided background information to the committee to assist in their deliberations and staff remains available to assist in any other informational requests from the committee. 2IBSMBR VARIANCE - Because the variances to the septic code are not strictly a zoning code issue and are normally staff administered, no resolution is required. However, staff has drafted a letter of agreement for the Zeismers to sign and notarize, containing stipulations and conditions under which they may construct a temporary substandard septic system (Exhibit C). Stubbs Bay Sewer April 30, 1991 Page 2 of 2 ALTBibiktrft^^ D 1. AlH|>t tlt^^Mformation. 2. QMQSQ^BXIl^ as presented. 3. Amend and adopt. 4. Take no action. 5. Table for further discussion. RBCOMMBIIDATION - It is recommended that after any amendments to the charge that the Council adopt the charge which will then be transmitted to the committee. PROPOSED NOTION - Moved by seconded by , that Council adopts a charge for the Stubbs Bay Sewer CITtizens Advisory Coounlttee to focus its deliberations with an initial response back to the Council by the forepart of July. Ayes __, Nays __. cc: Glenn Cook, City Engingeer John Gerhardson, Public Works Director Jeanne Mabusth, Building i Zoning Administrator Mike Gaffron, Asst. Planning & Zoning Administrator LO; 5791.2 STOBB'S BAY CITIZENS' ADVISORY COMMITTEE Statement of Need - The City Council has deternined that while many residents within the Stubb's Bay Sewer Stidy Area have expressed support for a sewer project, there appears to be a lack of concensus on the extent of the area to be served, as well as general concern on the part of the Council and residents about the neighborhoods' ability and willingness to pay the high costs of such a project. The City has proposed to serve properties east of Tonkawa Road, south of the Luce Line, and eastward to the Leaf Street area. The City has recognized that some neighborhoods within the defined project area need sewer more than others, but omitting some areas may raise the cost of the project for those remaining. A method of financing Including a partial assessment and partial connection charge has been proposed by the City in order to limit the City's financial risk in proceeding with the project. This financing proposal has not gained the support of a substantial number of residents. Charge to Committee - In an effort to involve the residents of Stubb's Bay in the decision making process, and to assist the Council in determining whether and how a Stubb’s Bay Sewer Project should go forward, the Council hereby appoints the Stubb's Bay Sewer Citizens' Advisory Committee, and charges the Committee with the following tasks: 1. Review all information prepared and presented to date. 2. Develop any additional necessary facts/figures/ Information with assistance of staff. 3. Make a recommendation as to the scope of project that should be considered by the City, i.e. recommend which neighborhoods should be served and if possible, place a priorty status on which of these areas should be served first (or at all). 4. Make a recommendation as to cost allocation for those to be served. 5. Research the various methods of financing the Stubb's Bay Sewer Project, deliberate the alternatives, and recommend a preferred financing method that may be acceptable to both the residents and the City Council. 6. Work with the City staff and consultants as necessary to accomplish the above and make a written recommendation to the City Council by July 1, 1991 for presentation to the Council at their July 8, 1991 meeting. 7. Suggest methods to gain acceptance of the project by those in areas where the need is the greatest. iiy $ hoa7;h - *• I K . > '7^ 'i • - w (SJ^f r oiii', \ .If 1 \ C'V AOOH •••• ji jm u-T T I m.4-H • "t I \ \/^ y fe.VY CiTi2tW>oiy4tiV'iei^ rri, iec>'.rej<y',M,v/' if' X^vfr FVtv^-Soaj 2C»25’ ★ Jew*- 6>u<«ce« 3TSt3 fiAYvoe 4« /VAitttaM (-7S- ^^^a^AA^ D/C. Z/irVMMC. eAvsibe? ^****^/C^i*^'i ^iMi^trrc 277^ JoM*jTMtrswe Sd'/r S/nsit>a^ CO • C#<A/«. I • 1 V ■iiis* “•\\\ .. -I------------------------------ n &m 9m U*^ I > covi lOI ) 111) & -I'oATl- i i & ••(tS> J, €S {*fl ^ I 11: l: I J ^ V May 1, 1991 Todd & Marie Ziesmer 3440 Bayside Road Lon? Lake, MN 55356 Re: Letter of Agreement, Interim Septic System Dear Mr. & Mrs. Ziesmer: This letter is to aiiend the November 6, 1989 holding tank agreement which you signed on December 4, 1989. This amendment is for the purpose of allowing you to construct a trench-type dralnfield as a temporary supplement to your holding tanks. The following are posed as conditions and stipulations of the City's temporary approval for this system; 1. The temporary certificate of occupancy granted 3/1/89 extended to 9/1/90, shall be extended to 7/1/92. That temporary certificate will note the completion of the septic system as a requirement for issuance of a final certificate of occupancy. 2. If no City Council decision has been made by July 1, 1992 regarding installation of municipal sewer, you will be required to complete the mound drainfield system within 60 days or appear before the City Council to request an extension of this holding tank/temporary drainfield agreement. 3. You may, at your own expense, have a contractor install a minimum sized trench drainfield in your front yard, as a supplement to your holding tanks. The intent of such a system would be to treat some portion of your sewage on-site to minimize the need for regular holding tank pumpouts. 4. Such a system shall include an overflow holding tank, 1000 gallons minimum. The intent is that whatever portion of the sewage load cannot be treated by the drainfield system will overflow to the holding tank for pumpout as necessary, thereby greatly reducing the potential for surface discharge of sewage. This drainfield/holding tank system shall be installed by a licensed septic system contractor, the minimum standards and requirements for such drainfield to be determined by City staff. Todd Ziesnterr 3440 Bayside Road May 1, 1991 Page 2 of 4 5. Because soil testing has indicated that soils in the front yard are not suitable for permanent use of a trench type drainfield, this system is approved on a temporary basis. The following events shall trigger abandonment of this temporary system and construction of the approved mound system in the rear yard within 90 days: A) a final determination by the City Council that this property will not be served by city sewer; or B) any incident of surface discharge of sewage; or C) sale of the residence. This approval is not transferable to a new owner. 6. The property owner bears the responsibility for maintaining the holding tank/temporary drainfield system so that it does not become a health or safety hazard nor a public nuisance. 7. At such time that City sewer becomes available, the property owner agrees to connect the residence to the sewer in the standard 16 month time period allowed for such connection . 8. Your current contract with E.J. Peterson Company for regular pumpout shall be continued in effect until such time that the holding tank system is abandoned. This agreement shall be effective upon receipt of a copy of the agreement signed by the property owner (and a representative of owner's mortgage holder, if one exists), properly notarized in the spaces provided. Sincerely, MPG/tln Michael P, Gaffron, Asst Planning 6 Zoning Administrator 4 U Todd Ziesiner, 3440 Bayside Road May 7, 1991 Page 3 of 4 We, the undersigned, are owners of the property at 3440 Bayside Road and agree on behalf of ourselves, our heirs, successors and assigns, to the terms and conditions contained within this letter. Property Owner(s) Date STATE OF MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) On this_ _ _ _ _ _ _ _ _ _ _day of _ _ _ _ _ _ _ _^_ _ _ _ _ _ _ _ _, 199 before me a Notary Public within and for said county, personaiTy appeared _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ knoim to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the seune as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) )S8. COUNTY OP HENNEPIN ) On this day of 199 before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC tk Ziesmerr 3440 Bayside Road May 1, 1991 Page 3 of 4 Representative of Mortgage Company Title Date STATE OF MINNESOTA } )S8. COUNTY OP HENNEPIN ) On this day cf 199 before me a Notary Public within and for said County, personally appeared _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __ _ _ _ _ __ _ _ _ _ _ known to me to be the person(s) 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 To: Froa: Date: Subject: Mark E. Bernhardson, City Administrator ca 5891.1 John R. Gerhardson, Fubiic Works Director May 8, 1991 W>' Bedervood Ball Diamond/Orono Baseball Assoc^^ipn v On April 1» 1991 representatives from the Orono B^mI^I 1 Aggociation appeared before the Orono Park Commission for fneir annual review for the use of the baseball diamond at Bederwoo Park as agreed upon by the conditions set forth by the Orono Council on March 1990. At the April meeting OBA requested use of the ball diamond for exclusive use Monday through Friday from 4:00 p.m. to dark beginning in May through June. The adjoining neighbors re<^ested that the OBA be allowed four nights a week Monday through Thursday, 4:00 p.m. to dark. The Park Commission approved by a 3-2 vote to allow four days per week, Monday through Thursday. Following that meeting, Gary Larson requested to be on the agenda at the May meeting to discuss the need for the fifth day, Btating that he had talked to Park Commission Member Phil Bradley who suggested allowing them Saturday use of the field. Park Commission Chair Richard Flint stated that he would allow the OBA to be heard again on May 7th due to not having a full Commission in April and because the vote to approve four days vs five days was 3-2. On May 7, 1991 representatives from OBA and the neighbors attended the Park commission meeting and expressed the concerns and understanding as to what should or should not be allowed. After discussion, the Park Commission approved 7-1 to allow OBA to use the ball diamond Monday through Thursday, 4:00 p.m. to dark and Saturdays for up to two games beginning at 10:00 a.m. The neighbors are questioning the authority of the Commission to allow the Saturday use and are requesting to be heard by the City Council. 1 ■ V j 3/ 5C 4NNAPCU:S L>N£ M^^iN6.APC•■S *A.ssE:C*i OMCNE 6^2: 559-4000 THtcX 797871 May 2, 1991 - 2BQl Alexander Vongries 4051 Highwood Road Mound, MN 55364 Dear Alexander; I have been asked by the Orono Little League .Association to clariiy the intent on my motion made for the Bederwood Park Little League baseball field construction during the term of my office as Mayor in the year of 1990. I would like to make it perfectly clear to you that, as an individual member of the Park Commission and to the Commission itself, my intent was to offer the Orono Little League Association as much cooperation as possible. The motion’s intent was to offer them 4 nights of use during the first year, and S nights of use during the second year, and that the use of Bederwood Park for the Little League baseball field should be for a period of time at least through the 1992 season. There seems to be some confusion as to my intent in the number of years, but I can assure you I meant to give them use of our park facility through the 1993 season, but hopefully, as long as* a little league exists in Orono. Hopefully, this clarifies my intent of the motion made some year and a half ago, but if you have any further questions concerning this matter, please do not hesitate to contact me. As an ex-dty official, citizen of Orono, and a father of 4 little league players, I would like to add my feelings about the continuing controversy over the use of a portion of Bederwood Park for the youth of our city. If I am not mistaken, Bederwood Park is approximately 8 acres of land dedicated for the use of our citizens. We are extremely fortunate in Orono that we have a park system for use by our citizens and its intent is to be used by all of the citizens, and not for the advantage of a few surrounding homeowners. The fine job that the Park Commission has done over the years is being somewhat taznished by the treatment of our city's youth through the manipulation of time and schedules of the Little League field at Bederwood Park. 1 ask that you individually, on a regtilar basis, visit Bederwood Park and the little League field and nocfce a number of things: 1) the condition of the Little League ' in that it is an excellent, wrJJ '•ared for, and planne . facility 2) that the Little Leagu only occupies 1/4 of the park area 3) if you monitor the use of the other 3/4 of tf , you will find the usage to be minimal, at best. May 2, 1991 Page Two What bener use of our park lands and recreational facilities than for the development, recreation, and education of our youth within the city. My suggestion is that we cooperate and work with, as much as possible, this fine volunteer organization and the youth of our city, because it is through these volunteer organizations and the youth that the future of our dty. will continue to prosper. 1 ask you to consider allowing the Orono little League Association to utilize the park on a nightly basis for games and practice and give them the support they need to continue this program now and in the future, far beyond the 3 years that were commined to by the city. The Bederwood Little League facility is an asset that can yield its best return to our city if it is utilized in a manner that services all our citizens and the Park Commission can contribute the most to our city by supporting the Orono Little League Association’s Programs. Respectfully yotirs, GV MEDICAL, INC. ^—W- Jame^R. Grabek President/CEO JRG:jh cc: Mr. Gary Larson, Orono Little League Association Mayor of Orono Council Members Mark Bemhardson -i'.. 4690.1HD Tos Ftob: Mark S. 3ernhardscn, City Adniinistratcr John R. Gerhardson» Public Worxs Ciractor Date:April 6, 1990 Subject: Little League Improvements - Bedervcod Ball Diamond on Monday, March 26, 1990, the Orono Council approved improvements to the ball diamond at Beder-fcod Park. The Orono Baseball Association (OBA) will allowed to: 1. Fence the entire ball diamond. 2. Construct dugouts. 3, Construct concession stand/press ox (one level). 4, Provide portable bleachers 5, Install scoreboard (not electric). 6. Remove ag-lime infield - place grass infield (City will assist with equipment for this phase only). 7. Have exclusive use of ball diamond only from one hour before game time to dark Monday through Thursday, June 3 - June 3of 1990 (additional use to July 15, 1990 tournaments or play offs only). 0, Th**ee year commitment with an annual review. The above approval is contingent upon: 1. OBA to provide funding for all improvements except City participation for Item 6 above. 2. OBA to provide affidavit of insurance. 3, OBA to provide plans of all structures to City Inspection Department for review and approval. 4. Structure to be temporary as possible and within building codes. 5. No artificial lighting. 6. No loud speakers. 7, No advertising on any structures. 0. OBA to post schedule of use at ball diamond. City staff will review and prepare information to .xpana p«king lot and parking safety concerns on Stubb s Bay Road. MIHDTSS OF ORONO COUNCIL MEETING HELD MARCH 2a, 1990 PARK DEDICATION FE Of tile oaric sysf suidividad." Vo z CONTINUED r. on tncse w -r. ccnsiie--i--- acrai-*a V a o o There were no former conunen-3 Grabeic closed the puo^io nearino. M ^ ^ i %one ousloo and Mayer • •• •C'.ven ' 3 ocmenrs , Mayor jt.**aca.< saio. don't "think‘than we snould out asxda a-- == -“•®. rrXTJgrr''^. ^ S2-;LrT=n ’’''S; «pos!Lon‘ -=«;r"3.=ao- ?2sidents. The Park Commxssion has cone an acmxraoxe jOD. ,.e have delayed action on this long enough. Gaffroo asked ae what state of dev,lopment_would a P«=el of land be assessec for ?ar.< uecxca—on- - - effective date of the Ordinance ana aow tne .ounc- vx a., aso those applications for succxvisxon -ha. ha.e a--ad. received by the City. councilmenbet C^ll^han sopgeatad that__apj=^Uoa^^^^^^^ no^w ^in 5!«esaed^as° of °thV tim^ that preliminary suodivision approve, is given. Councilmember Goetten stated ^-^7 = ” is'^'an CounciImember Callahan. Goetten xnaicatac tnat . appropriate tine to i.mple.ment this change and tnat comfortable doing so. councilmember Peterson concurred with j k*a4 ui «h*<4 that this had been done long ago. .-terson “Ihk'id'^ Co.Lis'L^*n for their efforts in researohin, and pU0p^^ixx5 this O^diridncs AinsndinBnc* Co^clLJ^:r 7:tt.o^;- S:^"S:s":i *«.« *tT a«\u*.”«*^f the date of preiir,inary plat approval. Motion, Ayes-4, Nays-0, Motion passed. ^"^^CounciSeimber Goetten requested that items #4 and *23 be removed from the Consent Agenda. It was requested by Acting City Administrator Gerhardson that items #15 and #17 be removed from the Consent Agenda. - 3 - MINUTES OF ORONO COUNCIL MEETING HELD MARCS 26, 1990CONSENT AGENDA CONTINUED It was moved sy Mayor Graca.<, seconcec Reterson, to approve tr.e lonsant Acer.oa. wior. xcams Tt# TJ.* T-- ^ ^- the order appearing on one acer.oa. Moor on, Motion passed. dy Counoi-menoer and diacussed in Ayes-4, :iays-G, APPROVAL OF MINUTES Councilmemcer Gostten repussrao tnat tr.e .'Itnutas to reflect that she had hoped to have an opportunity the Park Cotnmission Minutes, ratner than recomrnenda sentence, page 2). 4.e a**^ended to review lion (last It was Councilmember 1990 Regular passed. moved by Councilmember Goetten, seconded by po^g^son, to aoorove the Minutes or the Maron 12, Council Meetino.' Motion, Ayes-4, Mays-:, Motion PARK COMMISSION COMMENTS; LITTLE LEAGOB/BEDERWOOD PARK Mayor Gracek explained the procedure to be followed for those who wished to make a presentation regarding tnis matter. Mayor Grabek recognized Parx Commission Chair, Phiu Bradley. Bradley explained that the 1990 Par.k Development Plan categorizes Bederwood Park as a neichbcrnood park oesioned to 5gi^ve more than the immediate neicnbornood. A neighborhood park calls for open fields and future bail diamonds. The next largest neighborhood park is Hackberry whicn is classified to provide field soccer and play grounds. Bradley said that Hackberry has two T-Bali fields tnat are heavily used. Casco Point Skating Rink is the third largest neighborhood park. Bradley felt t.hat only Bederwood Park is available for general public activities. Mr. Bradley stated that the Superintendent of Schools had indicated that t.hey could respond to a proposal from CBA to use the undeveloped sc.hooi property within 6-12 months. The Superintendent stated that they would actively pursue any application made by '^BA to use the existing site on the school campus. Bradley said, "The Park Commission supports the idea of organised sports as part of the Comni’.hity picture. We support the concept of neighborhood parks, also have concern for residential zoning and the potential ng an incompatible use into a neighborhood. This is the fi.- «e the Park Commission has dealt with a controversy regardir., ..*6 use of a park. We urge the City to consider our reguest to give us arf updated Park Plan. In the interim, it would seem appropriate to consider a ahort term usage of Bederwood Park for organized sports while other options are pursued." - 4 - I * •• ^ vipT?««’-MG HELD MARCH 25, 1990 MIMUTES of ORONO Cw,L»lC-^ ‘ little LEAGUE/BEDERWCOD scrae-, racraaar.zin? MS. Linda Whi^-nan ?ar:< Planning, rafarrac nai-ddcrdocd <>»'scr-su^ad co Caur.ci- an- s-a--* to tile documents ciiat nat “J"‘‘ ^ t-^“d to work witn tr.e OBA to SL Whitman statad tnat (Veiar to the Citttans for reach a compromise cn tots 26, 1990) Ms. Whit.-a.t park _ Planning they have raised th^OBA^in developing tha sc.hccl site. • . ^ ua/-4 on tine ?ar/C Mr. Rolland Bergiund ®^®^®^_,^tions were “made to buy t.he commission in 1974 mt. Bergiund said t.hat the property which is ‘'®\®®“yrope^-y' and refused torarson family owned the orope--y ^ :,eiahborhood. Mr.“.r?Sp.v. “/Auv \;-:e b”.d a =-'i«.i3e tbac '-nere wou.a -a neighborhood use of the park. Mr. Clem Kroll, 60 South Stubos^Jay Road, ^has lave- naa. Bederwood Park over changes tiiat have ocourrad to t.he been significant ^ ‘ - and vounc families witn you,,,Trll. There *re many new homes^anc^ Bederwood Park c.hildren. Mr. Kroll ^ ^se of Bederwood Park ana t.te for many purposes. The more necessary. We see 4- Luce Line Trail has made ?.nn a .m. to 7:00 ?.m. If y°c adc 10 cars parked in the bv**softball games, t.he lot is t.he additional vehicles '?*^®\ _■ g. ^i-de of Stuhos Bay Roac. , Ti oarkino occurs on t.he wesw area and Sc“ on^Vtubb. B.y Boac. • „r. Sco« Stain. 35J5 Cbriatine^W^^^^ rt# the oresentation per-aining la,,® Mr Stein asked for Little League ^®^the^conc9ssion building would be two clarification as ''^®^_‘^*\gked if the field would be used for stories or one. He a-so tournament play. «. stain then provided a =o«Parisnn |Lol*anda“ o“n of Me available for Little League use. I scnool site would be Cititene for Park Planning that that It would cost 5i!5o;?o^'‘^iir/“'o'‘‘dVvei^^^^ ^“ith-h’itVd-th?t^ - “tSi’Seat'e. buV« «ht 'it in the ri,ht part of the City. -MS. Judy ®"Y5'K,’^intained aa*l neighborhoorpark as it %r «o'’*w.r oohcemed about the safety e.p.=t - 5 - minutes of OECMO COUMCIl. MEETING 3ELO MAECH IS, 1390 LITTLE LEAGUE/BEDESWCCD PAEX CONTINUED __ Sz-Z=s Sa'/ the additional parr. 3edar--M-cod Par.-: -.vc-ild noc 3rc*^n w^s azraxc ww.n o Ms . « o^0ccmn6ncaz^ons c- luded a compromise sr*ou-.o i rono Scncoi sice in ii-e : licicens •M ^ Ck W W •-» w be temporary. Ms. Whitman preser.tad for park Planning whirh inc possible to develop tns season. .. . ^ of tne C3A# Mr. Michael to Vhe OBA’s request to use explained the ,'T* Vaid that it has been possible for Bederwood Park. ‘C^^^Huildina of *a regulation field by using the OBA to prolong t..e '^*'is is no lonaer oossibxe. th. facilities in lizzie'fieldMr. ailbelink proposec tne cons^^ >5 at Bederwood Park —a- ^,1*3 a fence around tnewit.Mia District I. TSe proposal eax--_-or acoreccard.?ieJd? duVouVsrcoicesilon'stind, bleacners and a in regard to the fence, rJcLding’^^s nied fo? ^^MC^around the field from a sarety asoec-. , . , «ai>» '-‘'At •'he ducouts are provided for batsMr. Hilbeiink sa.- -- piavers from the weather,and balls and protect ana shield t.he The bleachers will provice comrort -wr ...e s....<.ators Hilbeiink indicated that the concession f-1-^ticai role in t.he funding oc t.ne prog.-m. concessions pays wouiT^be''ooen'’only during game Hilbeiink said t.he sxce proposed for this ^use School is the low point in been provided for t.hat from the o.hac addirronal wor.t would have to g,'‘S’ona‘ beyond tfat' covered by r.he SS.OCO.OO quocs rrom Mr. Bendickson. Mr Hilbeiink noted that t.he Citizens for Park Planning hadoiioexiniv uww= proDertv t.his evening. He :n»S:3'tS2?‘s!« T,"ll ?on,« a pos-sibility. a bn^-at^^^car** 1?^/ tr:at."oirr^SM^^ wSld! i\ «ald be aecas.ary to displace f.vo e.-.i»trn, fields. Hilbeiink said that wo1.1d “°^"te«\*orary* .nlH ;Si*^iIa‘o^“usin“*th'.“o:tnflcho'o"r propercy becomes -rsslity. - 6 - MISUTES OF ORCSO CCraCI- NESTING HELD MARCH 25, 1990 LITTLE LEAGOE/BEDMWCOO ?^4SX COOTINL-p Mr. a _________, -'■acarax. s:':,0':o.30 -= -*0 \j \J m ^ ^w s.Miirf z> - - -r* ^ ^ ^ ^ ^ ^ $3C h d^belt‘l°V*ivn^bv^CBrwIc na^es supoorrxr.g petitions that: had -•* -- ” vicot-a’-scn read several xatrers tr.at the use of Beder-vood ‘ "'=1 •;::::rg succor-xnc cr.e uccrada :i had been recexvec —3,.’vxa ‘ Strouc, Douglas Nasc, Beder*-^ood. (The iettars were and Dave a Sherry Guiaonc.; MS. ATlen. tLc'^larme^tn^ Holland Bsrgland Indies^ A. .Tfavor of' .-. .-'en --.-.cu-:.-. developed, n°n« °= hemes. Ece -rs in ait would raise cne_ alue o. -. e„^ residential area aac wte , -- ICS Stubbs 3av Road, said, "One issue ir. MS. Judy Brown, 35= SCJoos _^rX 5 nights a this macoer^is _*-2® ° -asidents to use one oar:<.”week. That is a price tine . ssf-an '^** Hiibelink if it is necessary for th^to^^lh? niii;t3**a week from 2.00 p.c to dar.k. Mr. HUbeiink tcHLce a week t.his year ana ‘ 3:30 to darx would be of day needed, Hi-oexinK s 'T\. li^g soccer League has used acceptable. Mr. Hiibelink There were twice as ca.ny Bederwood the last ® ard"c’’'s, vet the .=>ark commission i:ui“^EAr\AVile\Tr.Ar^Ah:^V=inrwo"uVd^a practics hy one team if they advance to tne Ail Sta-s. i- __ asJeed how rnuch rnoney cn© OBA i:;i;ndAA“Ao“rAsV'inc:%ed-,A:ood- par.t to mahe thi, upgrade. Mr. Hiibelink replied, -Approxiaately $15,000.00.- a.-„4 i-Haf i*- would be more prudent to use that :SA.y“.^nh%VI&"o“at will be raised by the neighbors to upgrade the School property. MS. Linda Fleming. 680 tonteslioSitan" eafety 'i”„Ue not hVeessary! espeoially if this is dugoutSs and bleachers we ^areed with Mr. Lehmeyer.a temporary arrangement. She agreed witn fu:. i Mr. Rich Anderson, 3205 Cryital Say Road, suggested that - 7 - MIITOTES Of ORONO COUNCIL MEETING HELD MASCN 06,,i!?0 zz tr.e axprassad rcr.zarr.s racardin? safarv Mr. Rolland Bergland we promise h*d "or beer._ wouXd no“c di.s^^ ^ ® :? park ir rar:% use II ;a —vnw s.Mr. John Meredith, 363 5 ua very of our two si-es, Ga. orono School if we had the money u? happy with the ^n^ld be developed. He could get by thia auBfflier and wait *" 0^ or -n'o%oq.OC to helpthere City money available $o,000.ou develop the School Campus s.^e. • , ■ rnA.T mav b6 mont^y in r.^ie Mayor Grabek «?^®- -i^o^eve-r’he did not feel it would be for such an ^ Grabek said the Council woula wise for t.he £eaaue Baseball, whicn would bebe directly supporting Li—le League unfair to other organized sports. Mr. Ed Brown, There not t.hink that pcrkding Beder-wood. He said tnatdetermine the actual cos. or up^^^ ^ :ilV. expend engineering costs as part of the upgrade. ks. SMTOic.. -rpsw PUnf^'M.” stay consistent with 'r*^® citizens for Park Planning Ils. .l»o wished MS. us. added Wsi she had are not against Littie i g informed her that the Orono talked with *“• .xoensive to uoorade than the sederwood If^T ’mS* us. sta«r Ma°t Mr. EendiVkson had mentioned the peHibl. ni.d for drain til. for t.he B.darwood site. „r.. Hilb.link stat^ that^Mr. ^B.ndi=kson's_^bid^^for^^th^ School had talked to one grading contractor wholim». H« said that he had taikaa qo^.OO and $20,000.00 to "^iV. ^rb^link a?jrnat.d that using Bederwood Park |« a t *te*t Laagut^ field was consistent with the Comprehensive Plan. ->LV vihiSman - stat^i that "/« SS:^Sht"%lrw:t“^Vtf-^.‘‘mt*n.5 -ild b. b.tt.r spent if it w«r« uaad to upgrade the School site. - 8 - \ • ., .■ •«. r i' MXNUTSS OF ORCNO COUNCIL MEETING HELD MARCH -6, 1990 LITTLE L2AGUE/BEDERWC0D PARK CONTINUED Ms. Tarry Wccd» 43C ?ar]< Aver.ua, - - — -.".a- - tile Little League fiali wera necassary. Sne sai bee.'i in Little League for = .teans a . he plays on a regulation field with dugouts. t r»5-r.as wne.n Mr. Neil Beaunont, 3535 C.hristine Drive, raitaratac Mr. Leh.eyer's point ragardi.ng soendi.tg tr.e available funca at tr.e school site rat.her t.han Bedervocd. Mr. Beaunont reut^ tnat allowing the OBA to use Bederwood Parx would pronxbit a najori-y of residents from enjoying the par.<. ' Councilmember Callahan summarited his understanding of the OBA's proposal for Little League use of Bederwood. Caixanan saxa that he did not understand how the Minor League use or the ^leia correlated to the Major League use. issiiilsaip Nonetheless, there is a dramatic shortage or fielcs availaole for all ages. We hope t.his fieio will oe avai^abl- *or been available in the past; we have reserved it, an^ «..he-- has not been a problem." Mr. McPhearson added that there would be no games af-er the first weeJt in July. 'Councilmember Peterson inquired about the type of scoreboard that will be used. not yet decided on a style of scoreooard." Councilmember Goetten asked how many people the bleachers will seat and will it be portable. Mr. Hilbelink replied that they would like bleachers that would seat 25-30 people.. _ _ _ season. councilmember. Goetten .asked what t.he OBA intends to do for bathroom facilities. - 9 - MINUTES OF ORCNO COUNCIL MEETING HELD MARCH 26, 1990 LITTLE LZAGUE/BEDERWCOD PARK CONTINUED M-. Hilcelir.x resli-i -na- -r.era ar- • * Councii.Tiemjaer Goeccan aaia --ac aaz^ezy an- concerns and that she has talked witn tne v^rono Bed.rwood Park. The said* Chit Tf \his°*uL*'x’^'asc’rov'ed, c.-.are should =s sior.age ptohibicing^ parking on o-i—enlarged. doerten parking area ■ - increased use of the park and the Luce SJ”*Trail Uc“' 't*wouM"'be ^;S^“a;;Vo i„'?*^*"dr:?n*til‘=e-a-/-B*/<ii-=^ -=ark. Garhardaon replied that tiling woulc not ha hecesser/. Goetten said that sne is not sure -neth^ =/;* -'sf-fuse stand is necessary. She did oelieve t.-.at M^rffnc* June Bederwood Park 4 nights a = m will?:r!rid ^rap'oro^riVte! ’Tc^rer stated that tne program will hi monitored very carefully and that sne would visi- -he ?ar.< rlcuTar’y to v7e'/ the ooeration first hand. Goetten i.ndicatea “'would be verv difficult to deny this use of the Park when taW ic * . . .U4- a-“a for tnis kind or organizedthere is a reai need been intendedGoetten understood th‘a? Bederwood hasplay. uoet-Bii uuk-=-biwww- - - -_ ._ ^ 0—'no took for Little League use ana -elu i- ^vas _ -- c;-e—»n -^^nonaibi" irv no oroviae lor a use suw.. as ^ '"''u* j:2iS“on" iilt: “ e“:.in7%:^Po«^;“-d *'^^r %% rriyst^- and “*^//-;ar “^g ^eVds“t“o ^rLcfsder Councilmember Peterson asked Gerhardson if he knew the number of parking spaces avaxlaole at Holbrook Park. Gerhardson said that he did not know, but estiziatsd that there were 20 spaces. Mr. Hilbslink said that Gary Larson had Holbrook and Bedarwood parking lots. The narking lot at Holbrook is 20p000 s.f. and Bederwood is 23,000 s... Gerhardson said that t.here is a problem with the sfjaP® thm Bederwood parking lot. Gerhardson also noted that half of the parking lot belonged to Orono and the other half be-onge o the ONR. Mavoc Grabek -stated that this w;».3 an opportunity to serve *11 at the citizens of Orono. He saxd that he would be concern if this request involved exclusive use of all eight acres of t e - 10 - MINUTES OF CRCNC COUNCIL MEETING HELD MARCH 26, 1990 LITTLE LEAGUE/BEDERWCOD PARK CONTINUED oarx.Graoe.-: also fslo or.az or.osa oerscr.s ^r.vo.ved wi-r. _ ooa 03a' wnc vclor.oaerac or.eor tne sucocro of one Council. — .ns 0^ ^ ^ 4^of cniliren deserved Grane.< said I can't tnink of any 3^ vgy to use our oarx resources man .or our cni—orsn. It was moved by Mayor Graces, seconded by Councilme.mcer ^^Llahan, to accept tbs proposal oi tne ?ar;< Commission witn t.ne exclusion of voting against tne concession stand. T.bere should b# fencing# ducouwS# bieacners and a concession scand cnac. is constirucced with the input of tne City stafr so that iw suitable for the ParX. T.be Park will be inspected on a yearly basis and the City maintains t.be right to cancel OBA's use or the if there is just cause to do so. The OBA snould be given a three year term to use the Park. The removal of struct ares constructed by the OBA shal- occur ii it is so deemed by t.he Council* The scoreboarts snouid be kept to a rninirnum visual imoact and there shall be no electric scoreboards, no PA system, nor will any advertising be allowed anywhere on the premises. The OBA will have use of t.he field one hour before game time, 4 j^i^j^ts a wee.k. If the number of nights is to increase ne.'<t year, that should be part of t.he annual review. Security can be provided to keep ATV's, etc. from damaging t.he fiel-» isut shoula not prohibit anyone from using t.he field when it is not being used by t.he OBA. Councilmember Goetten reiterated that this use must be monitored carefully and be moroughiy reviewed in one year. Goetten also informed t.he CBA that this was their last oooortunitv to present all of the information as to their pians for the field.' Goetten said that sne would approve nothing additional beyond what was proposed this evening. Mayor Grabek further added that there should be one set of bleachers and that ^g fjQ pj^ system. Councilmember Callahan thought that this was a reasonable compromise wit.h t.he matter being reviewed eac.n year. Callahan said t.hat he is opposed to the long term use of Bederwood Park for this purpose. Callanan said t.hat he is concerned about the concession stand becoming an attractive nuisance and thought t.hat it should be watched carefully. Callahan said that as part of the annual review, he would like the- OBA to provide information showing wnat steps are being taken toward the goal of moving to the School property. Councilmember CaJlahan said that he had received numerous phone calls and letters regarding this issue. Callahan was impressed by the attitude of both sides and t.he way in which they presented t.he pertinent facts to the Council. Motion, Ayesj-4, Nays-0, Motion passed. PUBLIC COMMENTS: There were no public comments presented this evening - 11 - L. minutes of ORONO council meeting RELD march 26, 1990 ZONING ADMINISTRATOR'S REPORT: #1452 WALTER PEMBERTON 1720 SHADYWOOD ROAD RESOLUTION ,*Q0EST to table * , ,, «.n=ii=e.«r It was^ moveu ^cootiion or a rssc-uz.cr. granting variincei for a -room Vddxcion in A.es,.. Nays-0» Motion passed. #1468 GEORGE PILL5BURY 1300 BRACKETTS POINT ROAD RRESOLUTION “ s**^ed by Mayor arabek, seconded by Councilae.ober M final adoption of a rsso-Lunon grantixn^ »«“”« and condrcional use u“o rra^k^cc^s Pornr koad such tile that a full five meoi-- r Cij/ council w.ll be present. Motion, Ayes-4, Nays-0, Motion passed. #1489 F. JOHN HARDIN 1496 PARK DRIVE rSQUEST jjy Mayor Grade.<, seconded by Counci.nenber Peterson, to table final adoption of a resolution approving variances to construct an addition on an accessory ® until such time that a full 5 member City Counci- is ^r-sent. Motion, Ayes-4, Nays-0, Motion passed. NATOR/COOHCIL REPORT: RESPONSE TO LONG LAKE ANNEXATION PETITION RESOLUTION #2782 Mffyog GrabeJc asked Gerhardson whethe a copy of the Petition. Gerhardson replied, "No." Citv Attorney Barrett stated that he had contacted the Municipal Board and requested that a copy be sent as soon as they receive it. Councilmember Goetten asked whether the April 25, 1990 Court date could be changed. City Attorney Barrett said that he would see hearing could be postponed, and in the event that it cannot be - 12 - r the City had received f -T V . y t i- ORONO B/V?3E:BALL. and SOP'TBALL EATION PWOHOSAL FOR BASEBALL_A?L' SOFTBALL PLAYING FIELDS CURRENT STAHIS: A. B^se.baJLj Bovs : B LEVgL ACjES TEAMS PARTICIPATING YOUTH PARTICIPATING Instructional 7-H 9 130 Minor Little I.<je.9' 10 6 85 Jr. Little Lge.11-12 6 BO Major Little Lge.11-12 5 60 Babe Ruth Prep.40 Babe Ruth-Junior MIS 5 65 Mickey Mantle 16 1 IS American Legion 17-18 1 _ ___ 15 _ TOTALS:36 490 Softball - Girls: LEVEL AGE$ TEAMS PARTICIPATING YOUTH PARTICIPATING T-9ftLI b D in 150 7-8 3 45 Junior 9- 10 4 60 Intermediate 11-12 5 60 Junior High 13-M 3 45 H‘. »h School 15- 16 3 40 Sr. High School 17-18 1 1 5 TOTALS:29 415 There are a total of 905 Orono School District youth beln9 served by the Orono Basebal1/Softhal1 Association. -2- C. Summarv: 1 . 5. 6. In the four to five weeks in the spring when practices are being conducted (before the game schedule begins) virtually every field in the system is being used on Monday. Tuesday, Wednesday Thursday and Saturday. Once the season begins, virtually every field that is “suitable for games'* has a game on it Monday. Tuesday, Wednesday and Thursday evenings. Thanks to the cooperation of the City of Orono, the Orono Lions and some dedicated Little League volunteers. Bederwood Field was constructed last year. This provides us a suitable field (fenced-in with dugouts and a concession building) to carry-on our Major Little League program. In addition, all boys ages 9 to 12 have opportunities to play at Bederwood. Without this facility, our Little League program would have taken a giant step backward. Because al1 ages of softball play on the same size field, there are an adequate number of fields to play the game schedule. However, softball lacks a “signature" field - one that would be a corner­ stone for the program. In baseball, boys ages 13 and over play on the larger "full-size" playing field. Only two such fields exist in the system (Orono varsity and junior varsity) plus the new Maple Plain "town ball" field which will also be home to the American Legion team this season. The varsity and junior varsity fields are overrun with practices and games. Conclusion: Thanks to the cooperation of many entities, the field "system" has been pieced to­ gether so that at this time, we can provide our youth in the Orono School District the opportunity to play ball three times per week. However, we are on the brink of running out of facilitiesl Our programs are increasing year due to two factors: in size by 5-6% per a. b. Slow but steady population growth The quality of the softball and baseball programs is being upgraded: consequently, our retention rate is higher. ^15'- . -3- PRIORITIES: A. A Lttt.le League Field to replace Bederwood Park 1 .We can use Bederwood Field for our Little League program on an annually renewable basis with the understanding that we make progress toward a new and permanent home for the Little League Field. 2.A field like Bederwood (fences, dugouts , con­ cession building, grass infield, etc.) becomes the basis for building a solid program above and below the Little League age group. B F’J 11 Size Baseball Field 1 .Boys 1i and above require a full-size field (like the Varsity and Junior Varsity fieldsl. The two existing fields are saturated with play. Due to the last -minute incorporation of the Maple Plain Municipal Field into our schedule are we able to carry-on a full program this year. As our Little League program (ages 12 and under) continues to grow and retains more players, it follows that the thirteen and above leagues will very shortly outgrow the available fields. C.Soft ball **Siqnat u rc” Field : 1 .While the number of softball fields is currently adequate, the program lacks the ‘‘signature** field around which the program can build. To be able to have the “travel*’ teams play their home games on a fenced-in field with a screened-in bench area (or dugouts) with scoreboard and concession facility would be a tremendous boost to the entire softball program. Ill.ELM! A.Establish a playing field complex that «iould be similar to those facilities found in many surrounding communi- It t#ould consist of:t ies. 1.Cen 2.One 3.One 4.One 5.One and Central concession/restroom/storage facility. One Little League Field. 3. One Full-size Baseball Field. One Softball Stadium. Would have a “skin” infield for several levels of play. 1 ‘I r fck.,... -4- B. This crotnplex could be a proiect for rhe Orono Lions (or a consortium of local Civic groups). Thev would -Underwrite the initial development cos*“s -Be responsible for maintaining the fiel'.s. -Receive all concession revenue. -Receive a percentage of registration fees for use of the fields. C. School Di_strict Would have to make land available for the complex for little or no cost. -Would have full use of the fields for school tc^ams until the end of those seasons. Most surrounding communities have a basebal1/softbal1 complex similar totheone described above. This complex becomes a community gathering place during the spring and summer months The Orono Baseball and Softball Association supports this concept and is willing to %iN3rk with all the entities involved to build a facility that will serve the needs of this commun­ ity and this School District for many years to come. 5191.: TO: FROM: OATS: Mayor and City Council Mark E. Bernhardson, City Administra May 2, 1991 SUBJECT: Lake Use Committee Attachment:A. City of Wayzata Memo Dated 5/2/91 B. Shoreline Memo Dated 2/12/91/Excerpt - Attachment C C. Lake Use Management Dated 4/7/90 (no attachments) D. City of Orono Letter Dated 4 25/'91 E. City of Wayzata Summary Dated 4/26/91 F. DNR Letter Dated 4/30/91 G. Metro Council Letter Dated 5/2/91 ISSUE - Provide the Council an update on lake use related activities: 1. LMCD Comprehensive Management Plan 2. Shoreland Regulations progress 3. 1991 Marina licensing 4. Long Term marina regulation 5. Lake Use Committee Composition INTRODUCTION - Last year, as noted in Attachment C the City ■appointing a Lake use Committee to address primarily the LMCD Comprehensive Plan but it was able to be used for other means. The work on Comprehensive Plan has obviously taken longer than anyone would have anticipated at the time, but the work par t icu lar i ly by CounciImembers Jabbour and Callahan have resulted in what is anticipated to be a reworked LMCD plan. DISCUSSION - Issue tl 2 LMCD Comprehensive Management Plan - The draft that had been presented to Council last time has now been distributed to the 14 communities noted in Attachment D. Additionally, Wayzata's consultant planner undertook a summary of that, as noted in Attachment E. Subsequent to the last meeting DNR received an "unofficial” Attorneys General opinion (Attachment F) that related to what was meant in the DNR regulations as far as "must be approved* and as to whether that constituted a veto authority. As noted in the opinion, because contested court cases are allowed for both those proposing and those affected by that control, it was the opinion of the Attorneys General Special Assistant that therefore there was not "absolute veto". The group is now scheduled to again meet on 5/29/91. Issue #2 - Shoreland RegularioiiS - A. Internal Development Process - Now that the Comprehensive Plan #3 information has been completed, Michael Gaffron is working on both marina licensing and site visits together with shore land regulations and altern^atives. The question at this juncture, as noted on the schedule,' is the next step to review options and alternatives. Originally it had been suggested by the schedule that there be a Iqil^t Council/Planning Commission workshop on this issue. This can ^I.kl be held but once that happens one of three options exist: 1. Have Planning Commission or SuLcommittee of the Planning Commission work on it. 2. Have the Lake Use Committee do the work on it. 3. Arrange a special Task Force of Counci1/Planning Commission and/or other interested parties. B. Process with DNR - At this juncture the City which has applied for a separate grant has 3 options regarding review of its shoreland regulations with DNR: 1. Continue with a separate review with DNR contingent on receiving a grant separately from DNR. Up to $5,000 on a matching basis, (i.e. They will pay half the costs up to $5,000.) 2. Continuing separately regardless of whether City receives DNR grant or not. 3. Do the review under a cooperative arrangement with the other 13 LMCD cities for the lake participating in a technical review committee prior to initiation of the formal review process. As presently proposed LMCD would be the conduit for funding, handle administrative issues of setting meeting, notices etc. and also participate as a member of the committee in a capacity similar to a city. (Previously they were the **convenor" and where to be the Chair of the committee.) Issue #3 - Marina Licensing - As noted above Mike Gaffron has been preparing to do site visits and is expected to have those done June 1. The next step then would be to develop recommendations and have those recommendations reviewed by one of the following: A. Council B. Planning Commission C. Lake Use Committee D. Marina Committee Any land use issues regardless of the format will necessarily have to be reviewed through a normal land use/variance process in order to have made legal. Issue #4 - Long Term Marina Regulation - This is a separate issue from licensing to determine what the most appropriate method from the Citv's standpoint should be undertaken in controlling the marinas* in the f'uture. Again, this can be done by one of the three methods outlined above. Issue #5 - Lake Use Committee Composition - If the Lake Use Committee Ts to continue its composition may depend on the tasks it undertakes. A possible composition of the group could be as follows: 2 to 3 Councilmembers 2 to 3 Planning Commission members City's LKCD Representative ALTERNATIVES - Issue #1 - LMCD Information 1. Accept. 2. Discuss 3. Table for further information Issue 12 - Shoreland Regulations 1. Accept the information. 2. Select working group. 3. Table for further discussion. Issue. #3 - Marina Licensing A. In House Development 1. Accept the information. 2. Select %M>rking group or direction for that. 3. Table for further discussion. B. DNR Review Process 1. Accept. 2. Confirm/Revise intended review process. 3. Table. Issue #4 - Marina Long Term Direction 1. Accept the infomation. 2. Leave current process in place. 3. Select group to study issue. 4. Table for further discussion. Issue #5 - Lake Use Committee Composition 1. Leave as is. 2. Not utilize lake use format for any other tasks than LMCD Comprehensive Plan. 3. Select a new composition. 4. Table for further discussion. r RECOMMENDATION - The following are recommended on the issaes: Issue II - LHCD Comprehensive Plan - Accept the information. Issue 12 - Shoreland Management - A. ) Intc-nal Development Process - Have a workshop scheduled for introduction of the Shoreland Regulations for Council/Planning Commission and interested parties and have the Lake Use Committee or Subcommittee become the working group for that. B. ) Review Process - It is recommended this be tabled to the June meeting to determine what other cities are doing at the 5/29 meeting. Issue #3 - Marina Licensing - Once Michael has had an opportunity to compete the si^ visits and write the memo that the Lake Use Committee be established to review the issues in conjunction with the marina license holders. It is further recommended that any land use changes would then be applied for under land use applications and proceed forward, it is further recommended that any license approval is contingent upon accomplishment of the land use application. Issue #4 - Marina Longterm Regulation - Once the marina licensing {s completed, it is recommended that the lake use committee or subgroup of it, work on deciding the best alternatives for the City's regulatory power on the marinas. Issue #5 - Lake Use Composition - Is is recommended that the composition outlined above provide a general framework for the Council to appoint the committee. PROPOSED MOTION - Moved by _, seconded by _, the Council accept information regarding the LMCD Comprehensive Plan, work on the Shoreland Regulations and that it formally establish a Lake Use Committee composed of _ Councilmembers, _ Planning Commission members and LMCD Representative and that they be assigned the tasks of being a work group for shoreland regulations, marina licensing and longterm marina use. Ayes _, Nays _. cc: JoEllen Burr, 930 Partenwood Road, Long Lake Jeanne Mabusth, Building & Zoning Administrator Michael Gaffron, Asst. Planning & Zoning Administrator Planning Commission members r i. ? Jl cm cm' COUNCIL Motcii U. CiSvold Maroi Robci. i*. AmiKOK RklucU C. Hafiiton r. lYtcr Hcrfurih Cfcforr D. Ryt AIUa OfftTii Ciljr MjAAfcr '•S' '' '^//// MEMORANDUM '-'cr TO: FROM: DATE: RE: LMCD Member Cities Robert Gisvoid 2 May 1991 LMCD Long Term Management Program for Lake Minnetonka Again, due to meeting conflicts for representatives of many LMCD member cities, the 14 May 1991 meeting of the 14 cities, the LMCD, DNR, and Metropolitan Council representatives has been rescheduled to Wednesday, 29 May 1991 at 7:00 PM in the Wayzata City Hall Council Chambers, 600 Rice Street. I apologize for the difficulty in trying to schedule a date for this meeting, but it is our intent to have as many of the cities and other interested parties represented as possible. Again, the purpose of this meeting is to continue the progress that has been made in reaching a consensus position on the LMCD Management Program and Shoreland Grant Agreement. It is hoped that this would be one of the last meetings needed to provide input to the LMCD and Metropolitan Council staff as they redraft the Program and Agreement. cci John Stine, Regional Hydrologist DNR Gene Stronunen, LMCD David C'~chran, LMCD Jim Uttley, Metropolitan Council 189.6snnojM) BoaiLKncMS PKFQ6Q) ICRK MAN Shoreland Oon(>lGtiGn by 12/92 Flood Plan (Completion by 9/91) Represents an Update to Section 10.55 1. Siteit cequeat fee shoreland grant 2. Feb. 91 Prapara draft shoreland overlay aoM together with flood plan i(>date a. ) Staff review b. ) Review with ShardlcM Jan 91 Fel) 91 3. Workahop(s) on proposed new regulations with Planning and Oewnoil April-June 91 ilssion 4.Jiine-AiKjust 91 Jan 91 Feb 91 March-May 91 FROM: DATE: ^(L Mavor and Ci“v Council Mark E. 3ernhardson, Ci.y Adminisrracor :!ay 7, 1990 SUBJECT; Lake Use Management Attachment:A. Review of LMCD Public Hearing Draft Dated 5/7/90 B. Lake Use Management - General Philosophy C. Lake Use Management - On Shore Facilities D. Lake Use Management - Shoreland Management E. Lake Use Management Organization ISSUE 1. Presentation of ideas to Council regarding development for policy leadership and local control of selected areas of interest as it relates to lake management particularly on Lake Minnetonka. A. Structure for development of policies. B. Scope of the group to study those policies. INTRODUCTION - Over the last few years CounciImembers and others have expressed concerns regarding lake use particularly as they relate to marinas. Much of the City of Orono Council's focus and work has been on lake and lake related land use issues. The City's Comprehensive Plan is predicated on protecting the lake. In both its ordinance adoption and interpretation this Council generally has been as rigorous in protecting the lake, if not more so, on occasion or at least consistent with those past Councils. Because of the lowered lake levels, the increased use, the concerns regarding marinas and their economic viability together with the 25 year plan that the LMCD has been developing the last two years; the issue of lake use has been brought to the forefront at the City level raising concerns regarding the future use of the lake. With the request to look at the lake usage of the marinas together with reviewing the public review draft of LMCD it seemed appropriate to broaden the scope of both those assignments and present to you the concept of a City established Lake Use Management Committee to develop policy directions for the City to deal with on its own and through other agencies- such as the LMCD to achievement of the City's policy directions DISCUSSION - The idea of recommending a broader look at the issue other than strictly the limitations that historically have been established as a function of or scope of a Marina Committee resulted because some of the issues piqued by marina concerns. 'ik#- U33 ceneri-.* rsuch conc0rrio in%"lu/e thramounV of traff ‘;.c t^pr=/*oi\^%Y^?ara“:^/ra‘<ro//:iY-"ffiri»rsoc.as oa.inaa nay hav« on abutting and other lakeshore resi-en^s. s:,r;rr. a u JSdertake along with attendant strategies to acnieve it. STROCTORB - The P°“,Yy “focT h°'’o"n"LaK°e' M%nYetonk“ -uYlYlJe ake te»ou?“es ffthe connunity, could be composed of tSr«’’Vo'se%n"persons i"= l^^,Ym\e?s “ Yn“ Yt^^*”l nt»”%Y"d commission. Park Commission members and ot. residents. gpoPE - The scope of the Committee could be «"°“Y fJir Sf! 5L^u^%^%nYto"*som%*^%%%irS^^ow!nrthr7ormlt of LMCO's report) are as follows; A General Philosophy - One of the >;eys to determining SheTTJiT^e“p3l icy directions clan are in concert or opposition to those of tne c y of Orono is to look at the general premise on which the plan is based. If such premises tay tofrom those of the City, determine if there is a way to jointly achieve the objectives of each. B On Shore Facilities - This is probably the area of I'ar'^st concern at tne present time because i one\hat most directly generates the amount cf traffic r»n the lake This includes (perhaps in a broader ««s\"‘^eild°e«iaT'S^ Yun!c"i!"docKlf%nd may W6ll b€ of concern. c. Shoceland Raaulatlohs - These «« ,Y®, YoT^ftet°o£ -Y'^nTho^.Y Shu’^e "in OronoYlt alJ ^he'land within i*'o00 feet is within our lakeshore district regulations, iiS Lit Mioritv of it is. These regulations generally iTt ^rnmum. an/«o« of Otcne's Yl^oriMCD” ^‘’^Wtlonr il'^pllsentlVVn'ticiLted that each «2!ii^itTis free to be mot. resttlctive, but not less restrictive than the regulations. SSSru%“vitn%"l aYd “ fYnVed^*%SII?gin“ies Include: - Continuation oj the present i:!C" organisation - LMCD as proposed L i the draft^^ ^ ^ . - Alternative structure for LMCD or an a-ver.iawi*- organization is anticipated that a C^cy Lake Use Management Committee woulu Le advisory^to the Counc;i on policy matters and that policy recommendations would be forwarded for working either ^ith LMCD, devel^into City ordinances where aporopr • ite through Planning Commission and/or establish as operational priorities for t.. City. ALTERNATIVES - 1. Committee Structure a. Determine number of members b. Any categories of members c. Nominating people to the Committee d. Defining role of the Committee 2. Scope of Activitya. Range of issues to be addressed b. Recommendations as far as: Policy Objectives RECOMMENDATION - It is reco.araended that the Counci 1 re_vlew ideas and aracuss any alternatives or moditications of these ideas they may have and then determine perhaps at the • > 1990 meeting whether they desire to go ahead or not. PROP’^SED MOTION - Moved by __, seconded by __, that the Council accert the information on the Lake Use Management Committee and it until the May 29, 1990 meeting at which time the committee, if it is desired, would be established togetner with nominations for service on ch/t Committee. Ayes —, Nays —. cc: JoEi'.en Hurt, LMCD Representative Gab-.iel Jabbour, 98- ’»*onkawa v - Long Lake Department Heads April 25, 1991 THIS LETTER SENT TO ALL LMCD MEMBER CITIES Mayor Tim Bergstedt & Council City of Minnetonka 14600 Minnetonka Boulevard Minnetonka, MN 55345 Subject: LMCD Philosophical Outline Dear Mayor Bergstedt, As noted in a previous memo from the City of Wayzata, the City of Orono has been working on a revised philosophical outline related to LMCD's function. This represent** initial thoughts from the City of Orono and is open to amendment based on further discussion with the other communities. We would appreciate your input and comments outlining areas both of agreement and areas in which you have concern. We look forward to seeing each of you at tht ext gathering of the cities, tent(«.4. ively scheduled 2 991. Sincerely, Mark E. Bernhardson City Administrator Enclosure cc; Mayor and City Council Jeanne Mabusth, Building & Zoning Administrator Michael P. Gaffron, Asst. Plannir.. i Zoning Admin. r^,A C Northwest Associated Const ^ URBAN PLANNINO • DESIGN • MARK MEMORANDUM TO; FROM; DATE: RE: FILE NO; Mark Bernhardson Scott Richards David Licht 2b April 1991 LMCD Review ot UroMo Position Statement 103.10 - 90.16 Please find attached a summary ("tf the Position Statement you sent us last week that summarizes Orono's phi 1-)S<'>('hy relating to the LMCD Management Piogram. Wo do not see any objections te the statement as drafted and strongly agree with the statomonc tliat the Program should clearly define the role and authority of Uie cities and Metropolitan Council, DNR, Hennepin County Parks and Minnehaha Creek Watershed District. Additionally, Wayzata has not expressed a strong opinion on the surface water issue but has in the past deferred that ,.ssue to Orono and other cities. As such, no comments are made at this time on Orono*s position. We look forward to the meeting on 14 May 1991 in Wayzata and working with you further on this matter. cc: Robert Gisvold, Mayor, Wayzata Allan Orsen, City Manager, Wayzata Jerry Rockvam, Mayor, Spring Park 4601 ExC6lsi0f Blvd.* Suite 410 • Minneapolis. MN 55416 *(612) 925-9420* Fax 925-2721 t- ^ L «.1 I ORONO POSITION STATEMENT PREFACE o A majority of the 14 cities' .bjectives and L.'!CD overall objectives are not mutually exclusive. An agreed upon philosophy must be a basis to develop a common vision and resolve the major issues prior to redraft of the plan. PURPOSE AND GOALS LMCD is in the best position of any agency to serve a coordination role and planning agency for environmental protection of the lake. The LMCD should refrain from OV0T t.h0 shorf^lsiid. DNR individudl cities are best suited for this responsibility. Management Program should clearly define who authority for each objective. has the ISSUES Surface Water: The usable, navigatabl^^ acreag*^ to calculate p*^ak density on the lake should be adjusted annually based on tlie lake level and reduced by impediments such as milfoil. The DNR should be responsible for the acquisition of off- street properties to provide better proximity for public access and safety without acquiring existing homesteaded properties. The LMCD Plan should establish a maximum average and peak density and should undertake measures so that these maximums are not exceeded. To implement the proposed: issues identified above, the following is A.Li^nl^ing 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 enforcement of stricter controls and other implemented measures have proven effective to limit problems on the lake. c. D. E. F. Strong and incroas-i'.: ?riphasis or. through educati —i and possird? enforcement of rules. j“ T .:i r-b .'aL:;'. j {. root ices 1 iconsina and actual To limit "aesthetic pollution" and incr«.as-.‘ safety, I..MCD should adopt and enforce rules related to noise pollution, quiet water, speed, wakes, etc. Parallel attention is necessary to winter i.iine uses, such as ice houses, snowmobiles, etc. Different types of boats and beating 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. Shoreland Management: o The 14 cities request the LMCD as the funding conduit for shoreland regulations. should serve a limited role the cities development of The LMCD should participate in review and comment on the Comprehensive Plan each city submits to the Metropolitan Council, especially relating to the following issues: A. Lake quality. B. Lake quantity. C. Access and use. D. Aesthetic appearance. OTHER AGENCIES Metropolitan Council, DNR, Hennepin County Parks, Minnehaha Creek Watershed District: The role and authority of each of these agencies should be clearly defined and identified in the Plan. FUNDING o o Local tax payers should not bear a greater property tax. levels of funding. New sources o£ funding which require legislative artion, specifically for the LMCD, should be avoided because of th- changing scope of the legislative process. h M ITATI or INMIISOT^ jkDIPARTMENT OF NATURAL RESOURCES aoo LAMYCTTE ROAD • ST. F^UL MINNESCTA • S5t99-«a riON MtillfMII? April 30, 1991 • * • Nr. Jims Uttlpy Mitral 1 tin Council ftoin Nrfc Contn 290 cm Fifth strutSt. FtuUNN SSlOl-1631 Ooir Nr. Uttlpy: LE6AL INTERPRETATION OF M.R. 6120.2800. SUSP. 3. D., (4) Encloltd Is thi legal Interpretation which the Metropolitan Council requested cofietrninfl the approval authority of adjacent units of government In the flexibility provisions of the Shoreland Rules. The Intent of the rules* In this cm* la to encourage local cooperation and coordination, such as the deveiopamt of a coiRprohensIve plan for an entire lake body. We recognize that eortain elrnnts of that plan will reflect the different managenent goals and aMnlstratlve practices of each unit of government. In the end* it is still the rtspowilblll* -nd the authority of each separate local unit of government to Incorporate ^ 'laments of the plan Into Its local zoning ordinance. Final approval of the k. zoning ordinance rests with the Department of Natural Risourcna. It Is to each local unit of government's advantage to work within the framework of ^the plan” If It wishes to have a say in how the plan Is to be shaped. FurtherBOrot bMiuse of the support which the rules do give toward the developaent of a specific lake management plan. It stands to reason that those working within the plan will receive the full support of the Department. Sincerely* DIVISION OF WATERS KOnt lekkesmoe Acting Director KL/P0:fW cc: John Stine Ed Pick CFrICS MEMORAiNDLO^A/tTkieNT DATS: ATTOWlBy GENERAL - DNR April 25, 139: PHCNS SUBJeCT ?8TS OTTERSON Oivijion o£ Waters A. W. CLAPP XII Special Aisiitant Attorney Ganaral 29«-0635 Ntanina of Minn* Ruloa part 3120.2800, aubp. 3, Itan D(4) 7h« aubjaet rula elauaa aayat Altomata thoraland controlt nuat ee approved by other ttfiAte of gevemaient having adjacent land uae authority iapaeted by the alternate control. The word "Buat” ia normally taken aa mandatory, which in thia eaae eonld mean that the Commiaaloner of Natural Reaourcea would have to rejeot a eity*a (or county a) propoaed alternative eentrela if any adjacent city on the lake diaapproved of it. SoweveTf our eourta have aaid that in mattera of interpreting •tatutee (and rulea), the literal meaning of worda muat aometimea yAald to the larger purpoae of giving effect to the atatute aa a whole and to achieving the legislative intent. In this case, there are feaeone why "muat" ahould not be taken literally in thia particular eentext. The particular reason ia that the next sentence after the quoted aentenea givea the adjacent iapaeted local government the right to a gonteated eaae hearing. Xf the adjacent governeent has pereeptory veto power, then it has no need of a eontoated eaae hearing# ao that the right to it in D(S) would be meaningleaa. To give it neaning# the rule euet be understood to allow the Commiaaioner to approve an alternative eontrol in spite of the adjacent goven»ettt'a objection. Xn Buoh a eireuaatanee# the objector can obtain the hearing eade ewailable to it in xtee D(S). Mianetenka ia unaiatakably one of thoae waterbodies needing sffis3irssrss^ss2-.j^!*3sr5:'a-.ssffiii.. atandarde would the more literal reading of "must*. Thia ia net an official Attorney General's opinion. MCieaa > • 13 SR 3029 6120.2700 (Repealed, 13 SR 3029; 6120.2800 SCOPE. Sabpart 1. Responsibilities and authorities. These minimum standards and criteria apply to those shorelands of public waters of the state wntch are suo;ect to local government land use controls. They are intended to be incorporated into local government shoreland management controls. Each local government is responsible for administration and enforcement of its shoreland management controls adopted in compliance with these standards and criteria. Nothing in these standards and criteria shall be construed as prohibiting or discouraging a local government from adopting and enforcing controls that are more restrictive. Subp. 2. Adoption schedule. Counties, and those cities designated by the commissioner in consultation wi-h the appropriate county, must adopt or amend land use c-^ntrols to bring them into substantial compliance with these standards and criteria within two years of being notified by the commissioner. Subp. 3. Implementation flexibility. Local governments may, under special circumstances and with the commissioner's approval, adopt shoreland management controls th.\ are not in strict conformity with these minimum standards anu criteria, provided the purposes of Minnesota Statutes, section 105.485, are satisfied. A. Special circumstances may include the following situations: (1) where shorelands have been developed with an assortment of urban land uses for many years and much of the develooment does not meet the standards in parts 6120.2500 to 6120.3900; (2) cities with central business districts located within shorelands; (3) cities whose only shorelands are along rivers classified as tributary; (4) small cities that have not had, and do not anticipate, much development activity within shorelands; # (5) counties or portions of counties with topography or vegetation characteristics that would make use of particular minimum state standards impractical; -7/ (6) shorelands that are t^ar.aced under nt..er vater and related land rescurte .nanage.nent prtcrar.s autncr:ted by state or federal Iscislacitn vitn goals co.T.pat:ole with Minnesota Statutes, section 105.435, ar.d oarts 5120.2500 to 6120.3900; or (7) individual laKes or syste.T.s of lakes that are being managed under standards developed specifically for tnese water resources after a comprenensive study and planning effort. 3. Alternative management standards may use the following concepts and approaches, or others: (1) expanded or different public waters classification systems; (2) designation of areas where land use districts and associated standards are more restrictive than these standards and criteria as trade-offs for other areas where they are less restrictive; (3) standards and otner management approaches that are developed for specific water resources after a comprehensive evaluation and planning effort; (4) standards developed to take into account commonly occurring hydrologic, geologic, property ownership, topograohic, and vegetation patterns and shoreland accessibility issues t.hat would make use of these standards and criteria impractical; or (5) other types of management or acquisition programs such as stormwater .manage.ment and public land acquisition programs that reduce the need for use of soecific standards in parts 6120.2500 to 6120.3900. C. Local govern.ments must request consideration of an alternative approach under this subpcirt and must provide written justification and supporting Information, maps, and documents, as appropriate, to justify the request to the commissioner, including the following; (1) existing land use plans and controls ''or shorelands of each public water; (2) for the shorelands of each public water, the number, average size, and percent of shoreline*occupied by undeveloped lots of record and land in public ownershio; (3) characteristics of existing development, including types, densities, heights, colors, and presence or absence of screening vegetation or topography; (4) presence or absence of public sewer and 3 'JA stormwater management practices -> •• •facilities; ana (5) exc 1 ar.aticr.s ji .■'.tv aeviatians trim state standards are justifies. D. The commissioner shall rescono to tr.e -oca- government's request for consicerit icn or an a_-e^-.a-_/e ^ «.pproacn under this s'uopart in accordance '../ith suo-_ems {-) -o (5). (1) The commissioner snail in -writing ac.kncwledge and approve or denv the request witnin 60 days of receipt of the request and all necessary supporting docume.tts and technical data. For extraordinarily complex issues and requests involving multi-government coordination or multi-organization coocdinationr the commissioner and the affected local units of government may mutually agree to an extension of the 60-day response. (2) The commissioner in the approval or denial pursuant to this subpart shall state to the local gover..ments the reasons for the approval or denial and, as appropriate, suggest alternative solutions or regulatory approaches that would be acceptable to t.he comr ’ ssioner. (3) The local governments proposing the alternative control and the commissioner snail solicit the input of the public and other governmental bodies that could be affected by the alternate con"rcl. (4) Alternate shoreland controls must be approved by other units of government having adjacent land use authority impacted by the alternate controls. (5) The local government either proposing an alter *. local control or a local government being impacted by an ait -ate local control may request a contested case hearing under M....inesotc- Statutes, section 105.44, subdivision 3. MS S 105.485 13 SR 3029 6120.2900 (Repealed, 13 SR 3029 6120.3000 ariORELAND MANAGEMENT CLASSIFrCATION SYSTEM. Subpart 1, Criteria. The commissioner shall classify ail public waters in accordance with the foil- /ing criteria; A. size and shape; Memorandum •' n)/1 (dfiisxr' -o DA« May 2,1991 TO- Mark Bemhardson, City Administrator, Orono FAX 473-0510 ptom. Jim Uttley (6361) FAX 29. LMCD Materials P'’* Your Request - This is page 1 ofSUBIECTtotal 21 pages being faxed at this time Piggeit bMCwith nv the fbllowiQS! ,) Rrtwl "f U-JwMm Prt.^ pI»« ot «<" M«»»i«m»D» Pl««. «oc«l»ted by the LMCD Board at Iti meeting of April 24. to be dropped. TWa document wai reviewed and accept by the LMCD Board OMtittg OB April 24. 3) Hul <k«t« of SbonUad Onm Agroomew »ilh Propowd H«i- fe, U» DNR, LMCD ■odOtytouia Tto ao«l di»a a to ita ptoow of being tonoiBy lerfe^ b!f the hit and nka yf** by Ed Hck and John Stine. Plcaae let me know if you have any queationa or -Mn- ram mmt Uav 15 m the abaolutc deadline far dtiea to dedde whether tb^ ^ wa* • L M C D Underlying Principles of the Mnnsgcment Pino GUIDINO PRINCIPLE: Lake Minnetonka is a unique and sensitive natural resource that mwt b« order lo usute Uiat U i, available in full meaaure to preaem and future geoerttioiis* COORDINATINO PRINCIPLE: In order to manage the resource wisely, the disparate managing •utboritiea (ddei, counties, wateished district, LMCD, DNR, and having senate m OJBtoiDg agendas, need to develop a common vision of the lake rewurce, Jhu mon ffluit beyond*tS surface area of the lake to include its environs. To the greatest ^ent possible these Mttoritiei need to coordinate their plans, actions and regulations in such a way as to realixe the oonunon vision of Lake Minnetonka. PROVIDING THE FOCUSED VIEW; LMCD bcUeves that it has the unique raponsibUiiy because of its tpedfic focus to articulate and help promote the common vision The LMCD believes that it Is in the best position, once the common vision is developed, j^^he keener of the vision; the entity charged with helping other entlUes, ha^ much more dl^nc htmts and objectives than the LMCD, to remember the vision. The Minnetonka should serve as the vehicle for articulating the common vision of Lake Minnetonka. COORDINATING MANAGEMENT STRUCTLTIE: The LMCD recognizes that Its avitbonty is limited primarily to the waten of the lake, but its responsibility open^ to * 2S!?bte3Dating management structure exists for Uke Minnctonlm. The LMCD’s Plan is intended to'serve as the vehicle for advancing the LMCDs idea for a coo^atmg banagemeot structure that can wisely manage the Uke resource accoidingto the vWon of the Uke. Tbe plan Itself has no power to fbree any enrity to The LMCD la not advocating that It be given any new authority. The LMCD s Idea for a nmnagement structure has not yet been fully developed. lAlC^ ICTRUCrURE: The LMCD desires to develop a closer working relationship with Its ^tituent dries, as well as other government bodies and agendes having authority over the lake and ita immediate envifons. The LMCD proposes to maintain its present mcmbcnblp structure and not 10 nrr**** tbe boeid to Indnde reprcsentatloe of any other estltica. dated with thnac activirics and projects, it is me imcm or uw w —• itnictuie prioritize the activities and projects, identify appropnatt funding loufc^ wd neceiM^^ing. In addition, the plan wiU establish a LMCDItadL TR ouSct pnipoMS to continue Itt own Itandlng tonrccf. It wffl seek the udvke and oawMM of Ita cowtltaMt dtlee for any ebangea to taxtog authority. ssisxsss srr sTiTssr^ rnsr,s^"=^'K iSS u raa,^ IIM model tom Uie »pi)«i(ll» at i»e Long Tenn Mumgemeni Finn »nd plnced in ihe moon* ttat will ko nwdo omlloblo to oocli city. If a dtyi ihoraland ordlnince to In atria «^™ity with DNKAoNlnnd lundardt, tho city could pioceed to adopt the ordinnnce and aubmlt It t^ho UNR tot ftvitw tad tppraval without deity, tlthough It does not need to do so until December 10,199Z. If a dtv dedfCt to tdopi i ihoreland ordlnince that Is not in strict conformity, it must solicit input firora the nubile tad other ifllDCted govemmeavil bodies. In addition, the altemitlve ihoreliad controls must ^ inn^or dJuppioved i •djieeni like dues. Tltc DNR interpreuUon of lu rules suggest that the ”lDDfOvil or dlnpproval by adjacent lake dries* doa not obligate the DNR Commissioner to app^ or diaw^ the eSnuillve ordinance Unguage, although the Commlutoner wiU undoubtedly consider the of adjacent dries In final determination on any alternative language proposals. Tlie LMCD has aareed to serve aa a conduit for DNR grant ftinds to dries, which DNR sought as a means of lowerltti In irut •dministratton costs and reducing staff time devoted to grant administration. In return aaiviai in this lole, the LMCD wUl receWe a grant from DNR for $15,000. The grant will be used to offset , tdninistfatlve expenses (estimated to be at leut $3,000.00) Involved in servfns aa a conduit andiir them a lotwoe for hiring a consultant to assist member aues wii ^ ^ oidhiaa^pattlculariy any variations from stria conformity to the DNR shoreland ordinance standards. Ihe LMCDh aaraemem with DNR creates a Technical (fommiiiee to be made up of one city suff or §t§ff penon fron cAch city (or elected ofllclAi) {MnUlAf with lind use end zoning Issues Htv*i ihofilAiid minAgemem ordinance and propoa^ for alternative shordand management standards. It k that the TeemUcal Committee wiu perform a technical review of Individual dty tltemarives to the itifct DNR ahoieland standards. The Committee might make recommendations to the sponaorlng dty for alteraaie frrg«*g*, or simply identify Issues that it beUeves may result from the propowd Unguage. In any event, the rAmmtttmm win have no approval or disapproval authority over the proposed ordinances. FbUowini comDietlon of the Committoo’s work, each shoreland ordinance that contains alternative stand^ win aeed to he snbinitted to all lake dries and any other affected adjacent dri« tor their review as required under DNR rulm. It Is hoped that the Technical Oommiitee will be able to resolve outstanding Issues smong aUowlttg the epproval process by adjacent dries to occur without oontrovetiy. tha f MfT> fe i^Meislna the u*rM.ra In its egreement with DNR to determine whether changes can be made that win an 14 driea to enter into • joint agreement with DNR, allowing the LMCD to conrinuew seme as a condalt for the money as the DNR originally Intended, while assuring aU of the dilea that LMCD a role ii supportive to and not oontroUing of the dries. WLMBD i«4Sii* STATE OF MI>'NESO^’*^ draft wpSed revisions THIS AGREEMENT is entered into by the State of Minnesota acting by and through the of Natnrtti Resources (DNR). hereinafter referred to a. the -STATE-; and the Uite ast^^.M.1,. Conservation District, hereinafter referred to as the -LMCD'; and, the cities of DMpbavcii, Eeceisior, Greenwood, Minnetonka. Minnetonka Beach, MtnnetrtstA Mound, Orono, ShosOTOOd, Spiinf Pa* Tonka Bay, Victoria, Wayrata and Woodland, hereinafter referred to as the ■Cities*. WriT'fESSEni: whereas , the Stale has been granted certain responsibility for regulation of ihoreland devetopntmtt, a. ptovfctod by Minnesota Sututes 105.48J and Minnesota Rule. p««. 6120.2SOO through 6iaU900 pertaining to -Statewide Standards for Management of Shoreland Areas’; and whereas , the State is authorired by the Uws of 1989, Chapter 335, Article 1. Section 21. Subdivision 3 to provide grant assistance for local governments to adopt shoreland management CfdlBUioM oonibtoit with tUtewide itandirds; and w/upppAfij a coordinated approach to the management of ihorclanda on Lake Minnetonka b aceded to del with the «.«ple»ties and differences among the 14 individual city tiioreland ardinancei; and WHEREAS, the LMCD is an organisation respontible for the waten management of lake Mtaaetonka. stftlah the activity on which concern. 1*01-.. au fourteen laketitore dtie« mid WHEREAS, the 1MC» haa agreed to coordinaw the grano adminialtetion end teeheltml rf*, attsi ahoteland management otdinancee **le«* elthe «tiesi *od WHEREAS, the LMCD and the Cities have submitted an appUeatton ft» grant aieiatanco. NOW THEREFORE, it i* agreed by and between the parties hereto:Revitsd 4.16,91 1 L LXXAL GOVERNMENT RESPONSIBILITY A. cmES’R2SP0NSIBILITV 1 ^hoi^lanri Adnntion. The Cities agree, that on or before December 10, 1992, ihall gdopt a shoreland mgnagement ordinance consistent with Minnesota Rules 6120.2800. 2. The cities win document aU eligible costs defined in seetioo HA. of this agreement, and report them to the LMCD for payment. 3. nnH..n« &rtific.tfan Ch«klHt Within the .doptioi. Khedul* (tecribed to LA.1. ebtwe. each of the Qlia will document completion of the talks and return the attached ordinance certification checklist to the LMCD for transmittal to the State. 4. Beripiation of T^hnlcl Reprewtetaiive. llie Citiea will dealpiate in writing their individual representative, Ifa*,, to the Technical Review Committee, which to the extent practicable will be dty staff normally charged with land use planning and zoning administration. 3. Puftleinarion i" Technical Committee. The Cities will to the eztcBt practical actively participate oe thm^gh the Technical Review Committee, providing available documentation as noccaiaij to allow the Committee to cany out its technical review of aay altenative leogiiage provistoaa of individual city shoreland ordinances for consistency with DNR standards and for oompatibility between dtlca. g^riffesrinn of Authority. Nothing in this agreement shall In any way remove or abridge tho authority and reaponsibility of each Individual dty to adopt a shoreland ordinance as noted in IA.1 of tUi igreemeot __ _ _ _ ... ^ • 4___________m___________________7, Public lepnt oa AI fehlk ■odflendwi as reqolrad by Sti 1 altOTadra ihoralantl ordlnr fallowing eomplatkm of the technical »4vUw, provide an oflldal draft copy of ita shoioland ordinance to all 14 Lake MJiueUmlui ddea and a«y otherRevlwl 4wlS«91 wsm dtitf tor tlidr nvitm as required by Minuesota Rules Section 6120.2900, Subpnrt Jh Dt 3* If tbe ordtenBoe ooBtnlnt any alternative Bhorelaiid controls^ tbe adjacent afflKied dtics shall wifis ■■d apprffvf or disapprove tbe ordinances submitted as required by Minnesota Rules 5120<2I00^ Subput 3, (4) and notify the submitting city and DNR of their actions with 6b days oltnhi I, PWR Review. Each dty shaU provide to the DNR for review prior to adoption its Anal ,—,----* onlliuince on or befbie Septuiiber 10, 1992. The DNR shaU complete its icvtow of the prapoiid oidlnaiice within 60 days from receipt of the ordlnanct, naleM otcnded by mvtnnl ifieeuent* Any cxtensloB agreed to by the partlee (DNR and submlttlnf dty) past Nimmbsr 10^ 1992| extend the date of shorelaad ordinance adopAon tound In Section I, A. L of dds efreemt hy the same number of days. B. LMCD RESPONSSIUTV. 1, rftmmktce Coordination. The LMCD agrees to provide handle the •dnlniitrative dutica in support of the Technical Committee, including iuch things as: preparing and out rw^Hfig agendas and copies of ordinances to committee members, ananging for meeting ipaff^ preparing minutes of committee meetings, drafting and communicating committee fo all appropriate dties and ageodes 2, nf CiHcs* Actusl Cottt. Thc LMCD shall provide to the State of a^ actual eligible costs, as defined in section D.A. of this agreement, incurred by the nriff in the preparation and adoption of thdr sboreland ordinances, and their partidpation iu the Ihchnicai Review Committee. Eligible costs indude such things as: a) Publishing costt for hearing notices and ordinance provisions: M Cbnsultant fees and/or legal fees involved in thc ordinance adoption process: ' Revtosd 4.19.91 c) Mailing cns« Maociated with ordinance adoptiona and publication; d) Education and training coats including ctpensca for attending DNR workshop*: e) Coats of holding public information meetings: f) Costs of ihoreland classification reviews, including map revisions and ordinance development g) Costs of comprehensive plan revisions pertaining lo the shoreland district only, unless combined with the Eoodplain program; h) CiTtu for upgrading zoning administration forms, such as: permit applications, permit certlOcations, variances, conditional uses, special uses, xonlng changes and i) Costs resulting from tasks performed by local appointed officials, employees or iiafT involved in the ordinance adoption process of a shoreland ordinance, including activities related to the Technical Review Committee. j) Coordination of cosu of local government shoreland ordinance adoption relating to meeting attendance, k) Office computerization relating to shoreland managemetiL^.poeumentation —of X T um The LMCD shall provide to the State documentation of all actual elJgibie coats, as defined in section n.A. of this agreement, incurred by the LMCD In the administration of this grant agreement and participation in and coordination of the Technical Review Committee. Eligible costs Include such things as those in LB.2. above. 4. nrdininnn within the adoption schedule described in LA.1. above, the LMCD will collect, review and aggregate the ordinance certification checklists prepared by the atka ii specified in LAJ above, fbr transmittal to the Sute. jjTJivenioo I. 5. TVaignatioi] nf Tachnig a] ^<»;>rtaemativg. Tije LMCD will detigcate in wTiting la roprateoutlve to the Technical Review Committee. ^ in the Technical Committee. The LMCD will actively panicipatc In the Technical Review Committee, and will provide ocpen technical assUtance on ihoreUnd standards to Individual dtiea on tequeit to assist them in preparing/revising shoreland management ordinances ooniittaiit with DNR standards. 7. The LMCD. aclUig ai ■ pass-through agcaqr, shaU pay to the Cities from ftmdi received punuant to Section D.A of this Agreement 50% of ail actual eligible capensa incumd (aa in Section LB.3. above) up to a maxlraum of: ^ ^ a) $2,500.00 for each of the Cities of Deephaven, Excelsior, Greenwood, MlMitonhi,i? Minnetonka Beach. Mound, Spring Park, Tonka Bay, Wayzau and Woodland; b) $5,000.00 for each of the Cities of Minnetrista, MflMemika. Orono, Shorewood and VidOffla. 8, petum of Unnpended Funds. Funds which have bf n paid to the Qties by the LMCD, but which are in of 50% of actual «s»ts incurred by the Cities snad be returned by the Cities to the LM^**D tor repayment to the State. The LMCD shall return to the State any grant funds advanced for payment to the Qties or the LMCD. which arc in excess of actual documented costs. 9^ Oanti to Cities. If any Qty docs not adopt a DNR approved shoreland ordinance by December 10,1902, then all grant funds provided to that Qty under this Agreement •iiaii 1)0 retumed to the State by December 31,1992- iM Oaiebir 10i 199fli ■ Revkad 4.18i91 n. GRANT A, Tbc Slate shall pay to the LMCD up to a maamum of $45,000.00 for payment to Cittea of 50% of aU actual eligible ordinance preparation and adopUon expenses for the leivioea autheriaed herein. 1. r.Sfi.1 nie State will pay to the LMCD $a3,9QM9 one-half of tba aattmatad IpHI pngi In the cltlei within 45 days front the date of final execution of this Agreement for diabunement to the Gties for anticipated shoreland management ordinance coats, which shall be paid by the LMCD to the Qtiei at 50% of the amounu specified In Section LB.7. of this Agreement ■DOwQv 1 P«vmgnt The Slate will pay to the LMCD the balance of the WOOftOO ^ant to the Gtiet, within 30 days following receipt and approval of documentation from the LMCD for at laut twice the amoant of the inith^l grant in StfiOOQiOO ia actual Incurred expenditures by Qtiea. 'Ihe LMCD will pay 80% of the remainder of a City’s funds following receipt of showing eligible expenditures incurred by the City that are at least twice the total grant amount stipulated in Section LB.7, 3. Final Payment The LMCD will withhold payment of the final 20% of each Qty’s pant until all invoices and dQg“" jtation is approved by the Commissioner of Natural Resources. The ipHiirfii t completed Ordinance Certification Checklist 4. nKiiptlftn Hie atles agree to pay all their respective expensea not paid for by the grant a tft the LMCD. The Sute shaU pay the coiu of coordinating the Technical Review god gnntt idmimstfation expenses incurred by the LMCD up to a maximum of S15,II I III I RavUad 4.1S.91 1. m S...C «il p.y -.0 .he LMCD .he 50% -^.hin 45 d4« £rc=, .he 5a.c of final «ecutlon of tbi* Agreement. 1 «... The Sutt wiU pay w the LMCD Uie b.J«ice of d.e $15,000.00 gran.» ,*hln 30 d.ya feUowiog receipt «>d approval of documenution from .he LMCD for $7,300.00 in ^ tocuaied e»pe«lit.«. by the LMCD. The LMCD .hall ioeumeat and report on .he »:.u.l tacurcad e^renditure of Ums Baal $7,500.00 grant to DNR on or before October 10.1992. 3. the LMCD agree, to pay all their re.pec.lve e«pen»a no. paid for by .he fraot. m. SPECIAL PROVISIONS A. -n, LMCD agree. In dw hiring of common or .killed labor for dre performm.ce of miy «ark under conaaa or .utwmn™:. hereunder, ncidrer 1. nor miy coarracwr. marmial .uppUer ot vendor ahaU engage in any diacriminarary employment pracdce. a. .uch practice, are defined in Mianeaaa.Statulea Section 181.59 and Chapter 363. or in any practice, prohibited by Miamsot. SfatTi^ Sftctlona 177.42 and 177.43 (1988). a Dte LMCD duU indemnify, protect and hold hatmlem the Bum. it. ageno mid employee. bom all eimm. or actiona which may artoe &om performance of dii. Agreement C The booto. tecorda. documeno ««1 accounting procedures mid prmniee. of the LMCD U. ihia Agreement .haU be rebject to exmnination ot die Department of Nareral Rereurce. ■nd the LegWative Auditor. D. TteStareagrea.mpro«demchnlcdm«Jcoo.dinatlon..al.unceKp.rare6romdu.pro«d«i yader thil Agreement to te tbo adoption of timrelmKl omtiol. for non-Lake Mtonetonk. .horeland area, wititin tbore cities Rgvted 4.1&91 . a. E. A review committee shail be eatabiished sn conjunction with this Agreement. The eOfiU&ittM will be structured and operate under the following guidelines: 1. ReprcMOtation on the committee will consist of one city staff person (or consultant or ofBcial) from each City, eicperienced in land planning and shoreland controls, and a staff lepreienutive &om each of the following; the LMCD, the DNR, the Minnehaha Watershed District, •od the MetropolUao Council 2. The review committee will review each City’s shoreland ordinance and any other related contiob or information In conjunction with provisions for which floribOity is requested. The win ftifther review all ordinances in their entirety for consistency with DNR requirements. 3. The LMCD will be responsible for meeting arrangements, notices and minutes. 4. Meetlnffi to review land use controls and flexibility requests will be held muiMyi«« Hwr# ypoi? the call of the chairperson of the committee. 5. Aflected citiea, agencies and the LMCD Board will be kept informed of all meetings in The LMCD will provide a written notice to each of the 14 dtiM the location and agenda for the technical review committee meeting. The LMCD g]fo piwfiflf CT|df of tim notices to one or more local newfjmpera tot their InAmnatloa and but • tiimal puMIfb*** meeting notice shall not ba required of the LMCD. d. Qly ordinances and requests for flexibility will be reviewed In the order received. 7. Upon oofflpletloB of the review of each Qt/i shoreland controls and requests for flodbilityi the review committee will make recommendations to the dty and DNR on the flexibility provisions. It is expected that the committee will complete its work no later than Auguai JUM 10, 1992, ao that dtks wUl have adequate time to review the technical oomments and hai^e dal f^lk hrerlngi btfere the ordlaanoee are adopted. Revised 418.91 8 Ml a City s flail an otfia iai dra tt oepy8,—rolicnnim won T^wlw fittlttm '(rISffiSSWi ^ i ^ -^i--* ponwfa ) tM ■djaa^Bt iffwiwt ■iiiw iha ll mwv fuf thii> mim ippfa^ l€F thifl ptp»w I, D, (1? rnf mhiittla iy lim unri nva nf th«i wih 60 da^< IV. TOM Hiii Agreement tbatt become effective when all signatures required have been obtained, and shall continue in under the agreed tasks arc completed or until December 10, 1992 whichever is eaiUer. V. TOMXNAHON The Stite mi^ tenninate this Agreement **with cause*. "With cause* shall mean that the LMCD and/br Cldea are not performing work In accordance with the terms of the Agreement or the work ii not being performed to the sat jifacUon of the State. If this Agreement is so terminated, the State ihall only bo liable to pay for work acceptable. In the event of termination of this Agreement as heretofore provided, the LMCD and/or Citica ihiil have seven (7) days prior written notice, and if the Agreement is being terminated >wth cause* the LMCD and/br Qtlea shaU have until the date of termination to show cause why the Agreement not be terminated. If it is determined by the State that the LMCD/Gtiea default wo beyond iti/their control or it was not otherwise in default, the Agreement shall not be terminated. VL SBVERAULnY (Sttldnid kpl langnage will be inserted here, pfovldlng Uint aon-performnnee by the LMCD wadfor waf thf not change the agreement between the xwet of the partict). 4om STATE CF MINNESOTA ■nnS AGREEMENT i, entered into by the Sute of Minne«ta. acting by and through the Comnuarioner ofNaturd Reaource. (DNR). hereinafter referred to as the 'STATE-; and the Uke ConaervaUon Diattict, hereinafter referred to a. the 'LMCD'; oA the atie. of Dee,ta«i. acelalor. Greenwood. Minnetonka Minnetonk. Beeeh, Minnetriatn. Mound, Orono. Shoaewood. SpringPerk, Tonka Bay. Vietoria. Wayaata and WoodUnd. hereinafter referred to a. the WriNBSSBTH: whereas, the State haa been granted certain reaponsibiUty for regulation of ahoreland j„,r|np;----ea provided by Minneaou Statutea 105.483 «id Mlnneaota Rulea parta «120.2300 Ihreugh SiaaJMO pertaining to "Sutewide Standarda for Management of Shoreland Arena'; and WHEREAS, the State ia authoriaed by the Lawi of 1989, Chapter 335, Article 1. Section 21, SubdhdalOB 3 to provide gnuii aaaialance for focal govetnmenta to adopt ahoreland management (UtUiiiiioet comiiteat with itatewide standard!; and WHEREAS, a coordinated approach to the management of ahorelanda on Lake Minnetonka ia needed to deal with the complodtiea and dlfferencea among the 14 individual city ahoreland i; and WHEREAS, the LMCD is an organizarion responsible for the waters management of Lake the activity on which concerns all fourteen lakeshore cities; and whereas, the LMCD baa agreed to coordinate the granta administration and technical iBviewa of the shoreland management oidinanoea; «nd WHEREAS, the LMCD and the QUea have submitted an application for grant assiatance. NOW THEREFORE it la agreed by and between the parties hereto: 1 for their review as re<juired by Minneiota Rules Secuon 6120.2£G0. Sufapart 3.. D., 3. If ihc ordinance contains any alternative shordand controls, the adjacent affected cities shall review and approve or disapprove the ordinances submitted as required by .Minnesota Rules 5120.2300, Subpart 3, D., (4) and notify the submitting city and DNR of their actions with 60 days of submiuaL a DNR Review. Each clfy shall provide to the DNR for review prior to adoption iu final ihoffland management ordinance on or before September 10, 1991 The DNR shall complete its review of the propoaed ordinance within 60 days from receipt of the ordinance, unless extended by mutual agreement Any extension agreed to by the parties (DNR and submitting city) past November 10, 1992, «hall extend the date of shoreiand ordinance adoption found in Section I. A. 1. of this egreement by the same number of days. B. LMCD RESPONSmnJTY. 1. TfiChnlM* roQfdfnation. The I-MCD agrees to provide the administralive rfiiriiM in aupport of the Technical Committee, including such things as: preparing and mailing out meeting ageodai and copies of ordinances to committee memben, arranging for meeting preparing minutes of committee meetings, drafting and communicating committee leadatiooa to all appropriate cities and agencies. 2. pqemwentation of Cities* Actual Costa. The LMCD shall provide to the State doe\iment#«>«" of all actual eligible costs, as defined in section H.A. of this agreement, incurred by the Otiea in the preparation and adoption of their shoreiand ordinaneea, and their participation In the Technical Review Cominittee. Eligible costs include such things os: i) Publishiog costs for bearing notices and ordinance provisions; b) Consultant fees and/or legal fees involved in the ordinance adoption process; c) Mailing ooati associated witn ordinance adoptions and publication; d) Education and training cosu including expenses for attending DNR workshops; L LOCAL GOVERNMENT RESPONSIBILITY A. cmES’RESPONSIBILITY 1. each fhiU idopt a ihorcland managemeni ordinance consistent with Minnesota Rules 6120.2800. 1 of Eligible Costs. The Cties will document all eligible costs defined in ILA. of this agreement, and report them to the LMCD for payment. 3. rgrtWcAtton Checklist. Within the adoption schedule described In LA. 1. above, each of the Gties will document completion of the tasks and return the attached ordinance eertificatioo checklist to the LMCD for transmittal to the State. 4. of Technical Representative. TTie ClUes will designate in writing their Individual repreaentativc, if any, to the Technical Review Committee, which to the extent practicable will be dty staff normally charged with land use planning and zoning adminiatration. 5. p««lrin,»ion in the Technical Committee. The Gties will to the extent practical actively participate on the Technical Review Committee, providing available doctimentadon as necessary to ^11^ the to carry out its technical review of any alternative language provisions of individual city ihorcland ordinances for consistency with DNR standards and for compatibility between dties. ^ ri«riiie>rion of Authority. Nothing In this agreement shall in any way remove or abridge the authority and responiibility of each individual city to adopt a shordand ordinance as noted in lAl of this agreement 7. SoUciring Public Ij___________ retjuired by State Law and individual city practice, dties proposing alternative ihCTTlffK* ordinanoe Unguage shaU, foUowing completion of the technical review, provide an offldal draft ot^ of ita shordand ordinance to all 14 Lake Minnetonka dries and any other aftbeted dtiea iki,. e) CoiU of holding public information meetings; f) Gxu of shoreiand ciaisification reviews. Including map revisions and ordinance devtlopmenL g) Coats of comprehensive plan revisions pertaining to the shoreiand district only, unless eombised with the Floodplain program; Coats for t< Trading zoning administration forms, such as: permit appheations, permit ccitificaiiooi, variances, conditional uses, special uses, soiling changes and M Imenti. i) Costs resulting from taslcs performed by local appointed ofEdals, employees or staff involved in the ordinance adoption process of a shoreiand ordinance, including activitiea related to the Technical Review Committee. j) Coordination of costs of local government shoreiand ordinance adoption relating to meeting attendance. k) Office oomputeruation relating to shoreiand management 3. Pggyi^f^tation of LMCD Actual Coats. The LMCD shall provide to the State doct*Tnffltatlon of all actual eligible costs, as defined in section U.A. of this agreement, incurred by the LMCD in the administration of this grant agreement and participation in and coordination of the Technical Review Committee. Eligible costs include such things as those identified in LB.1 above. 4, nrAtnmtu^. f>ftmeiitinn ChecHirt, Within the adoption schedule described in lAl. above, the LMCD will collect, review and aggregate the ordinance certification checklists prepared bf the Citiea aa ipedfled in LAJ above, for transmittal to the State. 5. iWwiatiftfi nf TfMihnleal Renreaentative. The LMCD will designate In writing its repnaentative to the Technical Review Committee. 6, Pm^einatiow the Technical Committee. The LMCD will actively participate in the ,r Technical Review Coimnittee, and will provide expert technical aaaistance on ihoreland aiandarda to iadividual dtlei oa requeit to aaiiit iheai In preparing(revuin( jhoreland managexest ordir.accea qooititMit with DNR tundardi. 7. tn atiea. Ttic LMCD, acting as a paas-through agency, ihail pay to the Cities teffl fuodi feceivwJ puffuant to Section TLA. of this Agreement 50% of aU actual cUgible expenses ineumd (at identified in Section LB.3. above) up to a maxifflum of: a) $2,500.00 for each of the Cities of Deephaven, Excelsior, Greenwood, Minnetonka, Minnetonka Beach, Mound, Spring Park, Tonka Bay, Wayiata and Woodland; b) $5,000.00 for etch of the Cities of Minnetrista, Orono, Shorewood and Victoria. 8. of Unemended Funds. Funds which have been paid to the Cities by the LMCD, but which are in fwrf* of 50% of actual coats Incurred by the Cities shall be returned by the Cities to the LMC3D for repayment to the State. The LMCD shall return to the State any grant funds advanced for payment to the aties or the LMCD. which are in excess of actual documented costs. 9. nt Qmnt« to Cities. If any City does not adopt a DNR approved shorcland ordinance by December 10,1992, then all grant funds provided to that Qiy under thii Agreement ■hall be returned to the State by December 31.1992. a GRANT A- flaaaJiLCilitt state shall pay to the LMCD up to a maximum of $45,000.00 for payment to of 50% of all actual eligible ordinance preparation and adoption erpcnsca for the lerviom autboriaed herein. 1, Tnitill The State will pay to the LMCD onc-haif of the citlmated total grant to the odea within 45 days from the date of final execution of thia Agreement tor diibuifcment to the Citif Ibr antid p***** shorcland management ordinance costa, which shall be paid by the LMCD to the at 50% of the amounta specified in Section I.B.7. of this Agreement above. 1 Sul-Hi^ugnt ^ivrrent. The State **ill pay to the LMCD the balance of the grant to the Cities, within 30 days following receipt and approval of documentation from the LMCD for at least twice the amount of the initial grant in actual incurred expenditures by Cities. The LMCD will pay 80% of the remainder of a City’s funds following receipt of documentation showing eligible openditurea incurred by the City that are at least twice the total grant amount stipulated in Section LB.7. 3. Wwai Payment. TTic LMCD wlU withhold payment of the final 20% c' each City’s grant until all invoicei and documentation is approved by the Commissioner of Natural Resources. The dpcumentatlon shall include a completed Ordinance Certification Checklist 4. Obligation. *1116 Oties agree to pay all their respective expenses not paid for by the grant B. Of tit to tlm LMCP. The State shall pay the costs of coordinating the Technical Review Committee and grants administration expenses incurred by the LMCD up to a maximuL of S15.I I I III I 1. l|ii{y|,£gy]BQQL The State will pay to the LMCD the 50% within 45 days from the date 43f final oeeudoB of this Agreement 2. Wnsl Psimietit. Hie Staie will pay to the LMCD the balance of the S15,000.00 grant to within 30 days fbUowing receipt and approval of documentation from the LMCD for $7^00.00 in tctuil incumd eoipeaditures by the LMCD. The LMCD shall document and report on the actual iocuired es^wnditufe of the final $7,500.00 grant to DNR on or before October 10, 1902. 3. nhiiptlnn. llie LMCD agrees to pay all their respective expenses not paid for by (be gn UL SPECIAL PROVISIONS A. The LMCD agrees that In the hiring of common or skilled labor for the performance of any (’ work »pd« .«y coowc., or rub-comract horeuof or, aei.ber i. nor any contracuar. material supplier or vendor d«JI i« “y --------- Sututt. Section 181,59 and Chapter 3«3, or in any Facticea prohibited by Minneaota Stttutoi Sccdoot 177.42 tnd 177.43 (1988). a The LMCD al»B indemnify, protect and hold harml«a the State, iu agena and entployee. tom eU elaima or acdona which may ariae from perfonnance ot thU Agreement, C The booki, recorda, documenu and accounting procedtirea, and practieee of the LMCD relevmit to thi. Agreement ahall be aubject to examination of the Depamnent of Natural Reaource. and ths Ltgiilttivt Auditor. a The State agceea to pnavide technical and coordinaUon auiatance aeparate from that provided „ate m Agreement to any of the Otiea for the adoprion of ahoreland conmala for non-Lake Minnetonka ihoidand area* within thoae cities. E A review committee riiaU be eatabliriied in conjunction with thia Agreement The committee will be atnicnired and operate under the following guidelinea! 1. Br;___“.Ho" on the committee will conaUt of one city ataff peraon (or conaultant or from each aty, enpetienced in land planning and ahoreland eontrola, and a ataff from each of the following: the LMCD. the DNR. the Minnehaha Watershed District and the Metropolitan CouadL Z TheteehofealreidewcoinmitteewiUreweweachCitybshorelandordinanceaiidanyothec related oontiob Of information la conjunction with provisiona for which fleaibillty is requested. The ___■»- ^ thrdmt review all ordinance. In their entirety for conaiateaqr with DNR requifemena. 3. The TM»~» will be reaponsible for meeting arrangements, noUcea and minutes. 4. Meettom to review Imiduie controls and flexibility requeatt win be held upon the caU of the chnlrpenoii of the V,1,,lggittee. 5. Affected citie*, agenc:« and the L.MCD Board will be kept informed of all meetings in order to follow the proceedings. Ail meetings will be open to the public. The LMCD will provide a writteo notice to each of the 14 cities giving the date, time, location and agenda for the technical review committee meeting. The LMCD will alto provide copiea of the notioea to one or more local newapapen for their information and use, but a formal published meeting notice shall not be required of the LMCD. 6. Qty ordinances and requests for flexibility will be reviewed in the order received 7. Upon oompictioo of the review of each City ’s ihoreland controls and requests for fledbility^ the tffchBical review committee will make recommendatioot to the city and DNR on the fieability proviiions. It ia expected that the committee will complete ita work no later than June 10, 1992, so that dtiea will have adequate time to review the technical comments and have official public hearings before the ordinances are adopted. IV. TERM •ariier. Thif Agpreement shall become effective when all signatures required have been obtained, and shall inue in effect under the agreed tasks are completed or until December 10, 1992 whichever is V. TERMINATION The State mqr terminate this Agreement Vith cause”. "With cause” shall mean that the LMCD and/or Qtfoa are not performing work in accordance with the terms of the Agreement or the work is IK* being performed to the satlsfacdoo of the State. If this Agreement is so terminated, the State •hall only be liable to pay for work acceptable. In the event of tennlnadon of this Agreement as heretofore provided the LMCD and/or Qiles ihaU have seven (7) days prior written notice, and if the Agreement is being terminated "with cause” the LMCD aodfor Cities shall batw until the date of termination to show cause why the Agreement 8 «« be ^mineted. tt 1. is <ie.ennincd by .he S...e .h« .he LMCD/C.i» de.sul. wa beyond tanuu control or it we* no. othewse in default, .he .Stjreement shiU no. be «nnine»d. VISBVERABIUIY K any cleuae, providon or portion of .his Agreement is adjudged unconsUtutlonel or iaalid by e court of coopean. jurWIetion. .he remainder of .his Agreement shaB no. be affeemd ttweby. VOBREACH OF CONTRACT Ito bfluro of miy patty to perform, in whole or in parr. it. obUgation. and reaponsibiUUe. under tbk Agr*"*** “>* "“*** ** .poo It In tW. Agreement Fttnher. one park's failure to perform, in whole or in part of iu dulka or -»-«gr«tn«« a doctibed In thli Agreement may not be used by any other party to explain or onao tbo otbor pwty*i aon*perforniance. IN WITNESS WHEREOF, the partle* hereto have erecuted this agreement. LAXBI4XNNBTOHICA CONSERVATION DIST. W. Ai to (bnn and aocutloo by Uia attorney general By------------------------- Date. Uia Bate Dincnr COMMISSIONER OF ADMDnSTRAnON By------------------------------------ Date. OXYOP. By____ encumbered finance department By________________________ ll^nr By____ Date Osee. JL l # .51?1. 3 'O'' ( TO: Mayor and City Council FROM: Mark E. 3ernhardson, City Administrate^*^ DATS: May 1, 1991 SOBJBCT: City Communications Ot. Attachmert: A. City Communications Mem.o Dated 4/15/91 INTRODUCTION - At the Council's April 22, 1991 Council meeting they tabled action on this item until the May 13, 1991 Council meeting. Please refer to the attached memo for alternatives, recommendations and proposed motion. It was suggested following the last meeting the City should currently focus on a handbook to send out with our billings and hand out a voter registration and at time of homestead application making sure it is on recycled paper. * /l-rrP(^n<eruT- I- TO: PROM: DATE: Mayor and City Council Mark E. Bernhardson, City Administrato^^^ ^ April 15, 1991 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 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 z2, 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 “ Freguency/Topics ~ Attachment B outlines the matrix for a ^tential coramun i cat ions 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 TO: FROM: DATE: Mayor and City ^ ViA A * W ^ ^ Mark E. Eernhardscn. City t\ «» n I rat'^' March 27, 1991 SUBJECT: City Communications Attachment: A. City Communications Dated 3/20/91 ISSUE - Determine the means by which Cou..ci. communicate with the public as to: desires to Typ6S of coiTiiaunications B* Fr0cuency of those conriUni cat ions C. Cost invested IHTMDaCTlON - At the C=un= i 1 ■ s March ^ . 1 99 1 Co^un = i 1,.eeting ^fotl'2"n"o MuTr-'rhft tfe\t“m be continued until the April 3, 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. Informaticn Brochure 9. Other Teeina *2 - FrscuencV/T2pi^ - Attachment 3 outlines the matrix ifff comlunrgatTons plan during the next year using the various media. PBfommend ATION — It is recommended that after Council fP^ll^^^tion on which means of current i.slfe to continue and which new ones they would desire to specifics will be brought bach to the Council’s April 22, 1991 Council meeting. April 22, 1991. Ayes __, Nays cc: Department Reads ^ ^ ^ ^ ^ ^ TO: FROM DATE M^voc dnd v^xcy v^oun^^ — Mark E. Bernhardson, City Aa.T.iniatrator 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 wnicn Council communicate with the public as to: e s i r e s A. Types of communications B. Frequency of those communication C. Cost invested INTRODUCTION - The issue of broader communications was back in T987 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 CounciImembers has received. A. ^..e 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 primary means discussed recently are as follows: A. Public information meetings (apart from regula_r 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 'ing set for April ^991. B. Newslette- The City of Orono have over the years has taken -us formats for newsletters. These however, havo not been long lasting. The issue was discussed as an option during 1987. At issue are the following: Format Size Frequency Cost City Co-munications -- *"» ^ ^ m ^ tm^ m:iarca w;u, 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 ^j^r^cioated however tne annuax cosr based on .-iound 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 origination and review apart from production costs. The format and freguency may have an impact on that issue. C. Newsparer Articles - Apart from public hearing notices ana newspaper articles that are placed by the paper primarily for Council meetings the City has a previously mentioned the following means of communication: Citv Column - Under the old heading the M.ayor'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 Report - For the past three years on a continuing 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. J City Communications March 20f 1991 Page 3 of 3 Council Mgstinc Cable Casting — This issue was discussed a couple years ago as to on a tape delav video taoing 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 /ith the possibility of including necessary cameras and communication in any City facility. (It may be worth e.xploring havin*g the* cable company fund at least a portion of anv cameras and communication equipment installed at the Council Chambers for this purpose .) D. "City Handbooks" - Given the diversity of the Community and often lack of identity / together wiuh 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 give*n to new residents possibly through Welcome Wagon may make much of the reoccuring information available. Given that things do change, it 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 - Fcequencv/Topjcs - Attachment B outlines the matrix pot*ential communications plan during the next year using the various media. RECOMMENDATION - It is recommended that after Council discusses Tt^—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. the Council afterPROPOSED MOTION - Moved by seconded by giving direction to staff tables further consideration until April 8, 1991. Ayes __, Nays __. CCMMU^JICATICNS ><1..- THE CC?-ITNITV Means tn cr=’’ide infsrT.aricn to residents - Me'.vsoaoer coltnn/City initiated - PraiLttir.ary Agendas - Mews reiaases IT0WS Is -i2T/D irscti mai —inc - Regular - Special events - Cable TV - "Tonka Report" - other fornat - Video cast Council nestings (delayed video cast; « ^ • * Selected - "Workshops"/?ublic Infornaticn Meetings on special topics ^ . - Direct inromation mailings ~ Selected nai —mgs to effected groups ^’.e. variances, special assessnents) - Video/Computer - Interactive information kiosks (Probably not raasiOa.e at tms time from a cost standpoint; Current Status The City has used: <jug "Mavcr Article" format on an occasional basis since 1*987. (The last proposed article for facilities, in October was not -laced per Council direction.) . . ^ 3.) City Adainistrator monthly appears on tne join- city cable "Magazine", "Tonka Report." C. ) Preliminary agendas are placed in the Pioneer the addition that comes out the Saturday before the meeting (4:30 Tuesday deadline.) D. ) Notices of items on Planning Commission and also soecial assessments to abutting residents. __ sI) The City has used special mailings to etfected gjQQos on selected issues such as Stubbs Bay sewer. F. ) The Citv anticipated use of a newsletter format on the facilities to all residents prior to public hearings/referendums. G. ) The State requires the Truth in Taxation notices. Applicable Document(s) Public Information Memo Dated 3/17/87 Public Information Memo Dared 3/17/88 / c - - - • ‘ - ds . . _____.ver.rersMayor Grace.< - -------------- Mark 2. Sernhardson, City Acr.ir.is-3 . I Its: object: August 17, 1587 . .,.,e-tc/2valuatton oi Mayc-s,,. public InforT.attcn - Ma.xe-ng/ Newslerter Articles ds<t0t __j Mar'ceting Meir.o Datsd l/<i9/8/I^PubUc Inforaation ana MarXet-ng aJ- oV a”n;n'^rry"b3^a'fa^;^bu/ger"a'’r ^a^ L^»^er-r.^r;.. S^Mayor's Ar.-cle o csnaunir/. t its montJily "news let-a- Vaoerin tne firsn-waa. of tba »cnth , ,.„.rally ha.a appaa- .n P ^ ^H'H v=';i " • Mayor*s Article* o7rni;%: a-tniuTuA i • • • __ % 1 ^i . ^ the AJTtic „8D MOKOH: Mov ^ *>^,r-r; ’^Hfo'n to ’^*-“==">"'""V=y *’* ? tU"p*bl -*S55trir«-tan -■ —•% » TO: FSOM: DATS: SU3J2 **•* aC..* — • • QC* .*i2r -•3er .c r* - - -- ^ - a ^ •5i*'*^* a** SnCl .1-i— — ISSUZ - Tl:e _*.-.'nn *•'' ^■•'o sub" 9Cb 9r9 3S COliOWSlissues in rs^acion ^ — -- n • ^ —*f ^ o 5 ccnuaunciSuicn cu cc:nn:ur.--j d 3 s I. r 3 c a 1 r 5 c - -•**^ luSsinS w— — c. cost of a ncnunly newslauuar t>tt?.Q DUCT rot? - on an '-^e’lJ.Jar.'Jicneer for sucraitoed artic-es ^ Vadioionai:-/ these have be inclusion on a s?ac>_ ava--- careers, Wesuor.Ka 5ailcr ancinclusion on a sp^^e tvo oarers, Wesoor.Ka 5ailcr and racenclv transinitteo wO -........ --,^0 a- obese are Il,o --he 5//V0-- heVaVseTily ,e-. co every pa^e-a f-»c» r-L-v on a sooraa-kw ^^-2': rrVe hee"r ci e rer.ere: racirg: c«o*nc-y ?uc in .,, ac--asaas c-jrrer.r evenssln£oraacion nature and not one -..at ac--s« n:sC3S3:0M - ry?ea =i'*'' '■ comiaunica^ to tneir contn-..........s a------ - Sxalanacion of ooeracions - Ordinance and ordinance cnanges « Sa»*vic0 information ^ ^ - programs and registration inrormaticn - Long term direction information - tJocooing luaetings and agendas significant recent events certain types of this been a when it is u-T been an indication however, on the* ?rsi thirVould' ?e"uife a‘'ebi=l« that would provide £or tiaely Information on a regular basis. mm ^ A ^ f»htc: wou^d b0 a shocti montii-^By ll.«VlV«Jc^hat'=foVld “tLo"tVo'tat'e perhaps' three itees. - aecent Council actions and otiier pertinent City 3LCZ i cns Cur _in 1.*5 c- -r _^ ' ^..3-a-facr nura -.2.. w--=- infrr-m-"^- -----^ ‘-*crssrvicas/ ineriri^ns- . i33U2S ui 519 --- _ ;'wr.ars. a -.-a* / b3.3l3f C'^u ’d be rcr.a s^ae^. __itarrs ucr.e Such a i.-rna- ■- all oz u.— ■=»*'3.“-^-“ “‘ .• - -i-a -e'er however it nay "°t en.3^_ ccoin; a? ir. —.■■■-’eoc 1 inor neces3arrly,an o.,a-- the earet eo aonth. Obviousry tne^a-r ,nanV^- ----' asaar.® thar a. 1 -..-.,.-,cs oay naooe... consiceration t..a. --------- ^ ^ .^ -! •• - C 1 _ 3* 3i Z Z S C.* - 0 i a = r a n t late a a y. nnoounoetear . 3-^ ce nc 1 r!r--<ns idar 21 isr. cz an ------ - Delay m ^i..*^&_,e newslarrar• aoocooriata no------ ,3 anricinarad cnar suen a newslaira orr;::LAa IT::WS:.c. .-.^ -- - eacn acdiricn: -ouici nave Lue luZTjw..., -s- rttJa CeSZS sect C3sr o-'-'-'ic 3,303 curias - Mailine - '2uels _ , . ^ _ 3,"inuinc, Laca-inc, '"cldinc (1-3x1- snee ^=v=r CDSTS Sraic creoararion occcuciirn ------ ■ SOFT COSTS S1 c J•33 1J.3C 153.33 3 J ^.30 sss 533.30 533.3^ =s==== from all of in a triaely basis t.be form—# format to b® me lace ^ tvoe of acranganient *n ^ jH.nhaMeti does somewhat or Meetly- --.o-hiy/^“aoll^-rr.ertime^ dor S:«%.“e^ u'nder ?his type od ..rnMiiEMDATIOM - " budgeted that irsodt: oos^of ‘/papers putting this further explore “it^ ol bi-eetly basis to “ iSuld'alhr." 55r^Vc^^W 3-=“®“ • • • M W « <^ o • • n;?;;nn --r J- .4-• • V ' «• * • • - - »• *.r 7. « ^•‘. • N.* •Mayor and City Cauncil - '\\<S*‘ S;.rrr^-riCMi >:*MarJc aarnhacCacn, City ^ cCii«C;L H17:^G Ku U iS ‘ ■ < cnr 0? oRijiiQ;wiiw • —- August 17# 19B3 r» yublie I.if3t=a = ion - .Mjr)c.tin9/2val«5lan Mayot'J Nawalattat ....... • •A* 22jMC.3,!^aU.>* *' ' * r.- •<--------------^ -------- S^^j^^Attachmont: ' A. Public Inforaacion Dated 3/iy87 ' , CL* - - ^ _i^.^ - rsSUS - S«« attacned. .. _.^ ^sSSiiiS^’^TMT^flDnC" - For tbe past seventeen months the City .®" * ".C~... ' g^ilrllY cellar baaia (generally montbly) bad aninfni r3AOPr3. Tne acticies wnen aubnittad to we • alJ^a b«^^ in the Plonaar boaevet, tl'” • b«luS7oV'17ade'’\^aJUr?ona"““%"a5dftlw ’ '"'■ fl' danT'on a^'orr; ,.^%r5^nerbaa'ia anV prae lde_r^,:.. W , .SttbataVtlally acre tiae comraitaent by tSe__ataf£ M ba»e dona. --V ------------- ALTgaMATIVES - 2T« **V *• i***^’- 1. Continue with the monthly focnat ,•- • •■;. •*. ■■ e-.a^«» .. . a « '-.J-\ 'C^-4w\jc* 2. table awaiting {-.rttet input froa tba eemaunit£on , i.T actielaa •• r p I • •— t. •- 3. .undertake to budget for a raore hiS-^’" ■ • '- . • -, - v";:.'I*-‘-c'"*.4. “Table dlecueelon. *:.. -: *:•;- - --JVa4wf:=!;-. ^^sinCeaee doing newspaper articles. ..-C" u~ • • • - ' jCsi-.---,,M»wn»<eToe - It is recommended that the^Council table the „ SJ^T“tftet'we continue in this manner. ., - »- >#« .•-•• • i g S«i«»«OHOtlOK - Hoeed Vm'. ““ l'„7"1 r^* “I «»• ■i^»“*..“"..V.l fi„V eS2 MW a'celdla. ot aaaiatance. Ay.a _, bays ‘♦. • <2?* a V-.' ~v /r * f I T 4 \ A r • * V « « GusrtBriV FuDiicsticr: Frcm the City of Mound Vc!. 2. Me. 2 ‘•CCP City’s History Preserved in Mound Depot... When Millie Banks enters the Mound Depot, she sees more than the historic building that is now used for community functions. Sne sees cum-of-the-cenmn- families, dressed in their Sur.dav best, stepping off the train, bound for -.betr sum.T.er places on the lake. .At ar years oid. .Millie recalls the heydays of Laice Nlinne- tonka during the eariy part of the tentury. “When I was young, people didn t 0 ‘up north; they spent their summers ■ summer vacations on Lake .Vlinne- ika and they came here by train, j recalls. So busy was the area that e commuter trains ran daily from ' cities to the la.ke durum the sum- months. Ban.ks and others of the .■stonka Histoncai Society believe it residents know little of the ^ •a ’s rich histoiy: nor do they know i important part the Mound Depot CO piaved. Banks, a former English '.cher. is in the process of writing a .ok. .Vfinnetrista .Memories, which ’ll chronicle her life in the Wes- uca area. \tost '.found .-esicems assoc.-ctw :he .'.found Decot -.vu.-: .'.found 3g >'3m._r.Jis -•cm'’ .bos 0 .'on? .bistor/ :.b=: iorss rcc.k :o r.he .•:e;'ccvs .v La.<e Mmn-ton.rc. ...e j-is.-i” nl.be foreground desc.-rces r.be htstoncci sigmnco.nce of Lokc . finnetonKO. •Queen of fhe Inland Lakes. ' The depot, which -.vas moved to .Mound Bay Park ;n 1967. :s not tns ongtnal train station. In 1914 the onamai depot, '.vnicn stood apprcxi- mateiv where First .Vlinnesota Banx is now located on the comer of Commerce Blvd. and Shoreline Dr., burner to the grouno and was quickly rebuilt to continued on next oa^e Mound’s Future Presented at Upcoming Public Hearing What will .Mound look like in year 2000? .A partial answer to > question is contained in the und Comprehensive Plan Up- 9. which has been assembled he city’s Planning Commission r the past 18 months. The omission has scheduled a iUc heafiog on pl®n for aday, July 23 at 7:30 p.m. at City 1 At this hearing, the Commis- 1 wishes to bear comments from idents on their views of the city he tum-4jf*the<entury and spe- caily, comments on the content } plan. A comprehensive plan is an smbly of maps and text dis- sing existing and proposed i use. bousing, transportation. par.ks and recreadon areas and other public facilities. The plan also contams a set of goals and policies that are intended to guide development decisions over the ae.xt 10 years. .Additionally, the plan forms the basis for future modifications of the zoning ordi­ nance. In the Twin Cities Metro­ politan Area, comprehensive plans were mandated by the passage of me 1976 Land Planning .■\ct. In re­ sponse to the legisiadon. a plan was prepared in the early 1960s. The current comprehensive pian update builds upon the earlier pian. In accordance with the law. the .Mound Comprehensive Plan is subject to the review of the .'vlecro- politan Council. Their review, whicln will occur after the public hearing, will focus on the plan ’s consistency '.vith what are called metropolitan systems. Metropoli­ tan systems in^ude transporta ­ tion. airports, parks and open space, sanitary sewer capacity and solid waste. After review by the Metropolitan CounciL the plan r.in 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 July 23. Come to the Planning Commission meeting and share your vision of what .Mound should be in the year 2000. I I I I I I I I I I I I wm >#• • ••• • «• -«« COnunoGate the commuters. •*It vas in '’.rr-*? ir. - » onung 3rea—-“le ve:.-‘o-ic muies :ook ‘ne ^Tie-iour :rain .‘ice r !heir summer vacciicr. iv.-v I cines. ’ Banxs savs. ^he '•ecails I dot-and-iash iounc of *r.e *e:e- iph machine, ihe sr.z'Jl '.vnistle or a Un coming down the :rac:< and the )nien ’.vho wore tneir oest dresses, lich in those cays *.vere iong e.nc t with pienn' of pemcoats. After I train ride, parents gathered tneir Igage and restless children, also lised in their best, and took horse- iwn cabs to their final destination tuxnmer home or one of the elegant loits for which the lake had become nous. “From about 1917 on the local (h school boys made their summer mey by driving families by car «n Ae depot to summer residences/’ Throughout the early part of the th century Mound took on a festive llity each summer with ice cream dais and 4th of July picnics to keep nmer residents and t jurists busy d. the streetcar boats were filled th summer tourists who wanted nxr ons to Big Island and the celsior .\museraent Park. However, the heydays of tram vel came to a close with the advent the automobile. Soon, summer Itors either drove themselves or rved to permanent lake residences i commuted daily to the cities, i loads of freight that once could brought in by rail came by r freight trucks. leaving the depot isf and abandoned. *he railroad sold the depot to the ittonka Museum Association in , with the stipulanon that it be id to a different location. In the depot was turned over to llty of Mound. Presently, the city md its Parks Open Space Commission are ing to keep this historic building p physical condition. The deck Men temporarily reinforced I plans are drawn to redo that on of the building. Additional oveme.'^t* «nay follow. tor's Note: The Westonka ortcal Society meets the 1 Monday of each month in Mound Depot For more in- ladon. call LaVonne Adams r2-1885. If you want infor- ion on renting the Mound ot caU City Hall at 472-1155. Welcome visitors/ The City ofMotmd recently mstailed a new roadivay sign, made or ’.vcoa :virh raised lettenng to greet visitors as rhev enter the otv. This attractive sign- 2ge IS a dsaartvre tram usuci rccc’vGV'’ signs. Filing Dates Announced for Mayor and Council Posts .\lthough the 1990 elections jre months away, those considering run ­ ning for the position of mayor or :or nvo council seats must file with the city clerk benveen Tuesday. .-Hug. 23 ana Tuesday. Sept. 11. 1990. The mayor 3 post :s a nvo-year term, while the two cir.' council posittons are four-year terms each. These offi ­ cers are elected at-large without carry designanon. The municipal election will be held in coniunction witr. me state and county election on N’ov. 5. 1990. To file, interested paries must complete aifidavnts of candidacy, whic.n are available at t.he city c.er>t s office in Cit>’ Hail. Office hours are .Monday through Friday rrom 3 a..m. to 4t30 p.m. A S2 filing fee will be charged. Election Judges Needed The City of Mound seeks addi­ tional election judges to serve at^e Primary Elecnon. scheduled for Tues ­ day. Sept. 11. and for the Genem Election on Nov. 6. Any individud who is a registered voter is eli^bie to be appointed as an election judge. Flexible hours are available. A training meeting is required before serving, fudges are paid S4 per hour. If you are interested in serving, please call City Hail at 472*1153 and leave your name, address and pnone number. You will be contacted when elecnon dates near. Recycling Incentive Called Recyclotto Recycling ran earn Mound resi­ dents a healthy reward when the city initiates an incentive program called Recyciorto Here s how the program will wotk: • At :ts monthiv meetings, the Cltv Council vviii araw, at random, resi­ dent adcresses for the month. • Each wee.\ a city represeniative will check ±e address drawn at 7 a.m. If .-ecyciing materials are at the curb, he winner will be non- .oec by pnone or by letter that .ne or she has won. • The lotto will begin wiLh 550 in ’.Vestonka Dollars, which will be re­ deemable at various area stores. If tile selectea address does not have recycling out. the amount will be earned over to the ne.xt week. Recyciorto begins the first week of August. If you have quesnons or reed further information about recy'- ciing, call Joyce Nelson, 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 thaC jaywalking is against the law. 1 • • • 'oHov/ These Steps and 360 Criminals ••Vher. ;t cor.es :o cr.;:;e-jrco;- .:'3 Pie linie thr.zs -".at count. . Com.r.uni::.' Cnme Prevention tear [ohn Ewaid. Not only does • advice appiy to home and Dnai safety-, it also aooiiss to nesses—both large and smaii. ;id offers these tips; ui the .VIound Police Depart- rnt and ask to have a premises ••/ey completed. Ewald will lit your business, survey the iiding and grounds and dis* .as ways to improve security. A- close attention to door locks. . t remember, a lock is only as od as the door it is on. .A S3C0 ck on a S2 door will not deter ir?lars. ^rop6r lighting can make a dii- Brence. In one of New York Cit;/ s .tghest enme areas, high sodium *nting was installed on an ex- rimental basis. The result was .ding Official gins Duties Sutherland beoame Mound's new ris Official on July 9. Sutherlond has Man three years of experience os a .tg official, formeriy with Isanti V and with a cooperative venture «n Prior Lake. Savage and Scott In addition to his duties as build- lector. Sutherland serves as head • Planning and Zoning Department iund welcomes coils and visits from jdtroctors or homeowners with ins on building projects. Coil him at .aU ot 473-1155. II 1 1 r k.1» t.'. , — ::esi2n wiil rr.2.\e recce.";.- -ive.". mere a:...-—. Ho’.v :s -our building land- =C3ced’':<eec m.-cr’ er.- and •-OUC i'.vav rrom tne buucinc :0 mev -.viil not conceal burglar.- anempts. .^re large windows nsibie from the street? Don t paper your windows with ads that obscure street surveiilance. • internal Lheft supersedes shop­ lifting. Because employee theft can break the back of a com- oanv, review your cash-handling policies and take precautions jO vour inv'fintor.- ooesn v go out the back door. For more information or to have a premises sur.-ey cond-acted. call the Mound Police Deparrr.ent at 472-37n. Mound’s Crime Preventior Association Needs Your Support The Mound Crime Prevention Association is a coalition or area residents and the Mound Police Department- The association works to promote activTties and proiects .or tne purpose of enme prevenaon and me apprehension of cnminais. Some of the programs assisted hnanciaily by the associanon include the D..\.R.E. program. Child Saiecy and Sc.hool Liaison piograms. Neigh­ borhood Crime Watch and Child Safe House, a TIP line for anony­ mous information, rewards for crime and arrest information, the police canine program, community crime prevention (see article above) ^ resource materials and training, ana for Ooeradon Identification. .VIembership is open to ail Mound residents and merchant. minimum SIO donation is required. Additional gifts are most welcome. Recognition will be given to ail donors. For more informaoon on this program, call the .Mound Police Department at 472-3711. City CierK Eiecied to P’’cfas3icnal Scard -i I ■ a F.-onesne Cark-Leisinger Francene (Franl Clark-Leisinger. .Mou.nd City Clerk, was elected in May tu the board of directors for the Intemar.onai Institute of Ivlunicion! Clerks .IIMCl. a professional or? zanon for cin.- clerks. She will repre- sent thfi rBgion theU t?ncomp3ss6S Iowa. .Minnesota and Wisconsin. Clark-Leismger has served as the Mou.nd Clh- Clerk for eight years. She has bee.i a member of the associ­ ation since 1982. As an active mem­ ber. she attended numerous annual conferences and ser.-ed on the Host Comminee when the organization held :ts annual meeting :n .Minne­ apolis. She also served as chairper­ son for the State of .Minnesota II.MC .VIembership 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 «cnve in local community affairs. co<hairing for tho past two years the .Mound City Days celebra­ tion. In addition, she is a member of the Westonka Chamber of Commerce. Mound Ci^/ Days a Little Soggy But Fun AnyNzy Although the weather refused to cooperate. .Mound City Days can stul be called a i'; cress. But for mud volleyball, you can’t ask for better weather! Weather aside, throngs turned out for the Grand Day parade M «• f a 1- look at us Mom T'tis big brother took his little sister on one of the kiddie carnival rides to the delight of both youngsters. On Sunday, conival conces ­ sion workers (.emitted that nde ottend- once tvos down somewhat, but as one "It’s the noture of this business. tVe eon bring smiles to kids' faces, but we can't tndie the sun shine." City Of Mound 5341 Maywood Road Mound. MN 55364 (612)472-1155 ^Ity of Mound Council Members tera Sinitli* Mayor 472-7884 Uidru Ahrens 472-1520 Slxabeth Jensen 472-3832 ^Iiyills Jesten 472-4319 kip Johnson 472-3138 Edwecd J. Shukle. Jr. City Manager Ann M. Henson. Editor and the fireworics dispiay prcvec :g 30 a highiignt ror many. Anaj^e annual fish fry' to benefit the .'viound Voiimteer Fire Depanment ser. ";d u fisn and ail the trimmings to more man 2.000 hungr/ eaters. Plaver number I2 took j .Ttignt^ i»v»r;2 end sent the boU sailing. Tne annual jort- boil tournament gives area teams a t:vo- day opportunity' to see if rhev haie ...e right sturf.'* Owner/Occupant ?J!cund Calendar itfct. J Hciicav—'2*r. Cmcas ::csed :cr me Laoor !23v ocser/ance. Sect. It Pr.mar.' eiecuons at Cir/ Hail So City Council meeting this evening. • Rec.'ciinc cick-uos are scheduled every .Monday and Tuesaay. me Planning Commission meets ie second and fourth Mondays 01 eacn month, beginning at 7:20 p.m. at Cih/ HalL • The CIt>' Council meeangs are held the second a’ Tuesdavs of each i. besin- mii2 at ^.20 p.m. / Hail. • The Economic Development Committee meets at 7 a.m. the thim Tuesaay of each month at CIt: HaiL • The Park Commission meets at 7;30 p.rru the secona Thursday of the month at CIt>' HalL The City Coimcii Committee-of- the-Whoie meets at 6:30 p.m. the third Tuesday of each month. NonoroTit Org. D.S. ."csiace PAIO Permit No. 37 •MounO. MN This newsletter :s onntea on rec'/cleO aaoer. The Nezv \ \^' \y ORONO s\EWSLEl TEP Vol. 1, No. 1 Cjunc.UAa min ’^iTa- Sprlng 1991 ORONO COUNCIL ANNOUNCES TOWN MEETING GIVEN EXPANDED ROLE “The revival of the Town Meeting was one of my campaign promises to ithe citizens of Orono. I look forward to this open forum which I hope wiil 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? Orono’s Town Meeting What will be discussed? The Orono City Councii has asked the Planning Commission to take a more more active role in planning issues. Besioes their extensive work in zoning, the Commission has been meeting often since January when the new Councii 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/pianning 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 Corner (questions asked of Council/Administration by citizens) More ideas?????? I JANUARY FEBRUARY i MARCH i APRIL t t L MAY JUNE JULY AUGUST 1 SEPTEMBER f. » •OCTC»ER r. NOVEMBER DECEMBER m R R ■}? j”k.« •« w t-|JL* ' j COMMUNICATION PLAN 41891.2 ■FROM THE COUNCIL" NEWS ARTICLES NEWS LETTERS CABLE "TONKA REPORT" CITY ADMINISTRATOR "TOWN MEETINGS" X X 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 Diweekly/3 newspapers Preliminary Agendas Biweekly City Handbook - Once every 2-4 years As Needed * Workshops/Informational * Selected Mailings * News Releases il. / / c--' TO: FROM: DATE: Mayor and City Council Mark E. Bernhardson, City Administratd May 1, 1991 % ’v'O.j SUBJECT: Police Chief Selection Process V % Attachment: A. Sathe & Associates Letter Dated 5/1/91 B. Letter to Contract Cities Dated 5/3/91 ISSUE “ Present to Council updated information regarding the selection process. INTRODUCTION - Attachment A had been presented to Council under a separate cover on April 26, 1991. At the same time input from the various groups was scheduled in the following groups; police staff and officers, city department heads, input from the 3 contract cities. Individual discussions with Orono CounciImembers will be scheduled by Mr. Brimeyer. It is anticipated that this process will be completed with a draft profile toward the end of the month. DISCUSSION - Questions at this point will be the following: Review of position description Inclusion of contract cities in applicant screening process. ISSUE #1 - Review of Profile - The profile will be distributed lt”^il.l be requested any comments be transmitted to the consultant. This will then be used for consultant's screening of the applicants. ISSUE #2 - Participation of Contract Cities in Applicants Screeing - In the initial process that was established there would be screening of approximately 10 to 15 applicants primarily based on resumes and application forms that then include representatives of the contract cities. To the extent that this is done in person, it may entail travel expenses and work on a weekend for those involved. As an alternative a representative of the contract cities could be involved as a reviewer/coramentor when Council interviews the 3 to 5 finalists. While this decision does not have to be made at this time, it would be helpful to have your thoughts on the matter. ALTERNATIVES - Issue #1 - Review of Position Description - 1. Accept the information 2. Request any changes Issue #2 - Participation by Contract Cities L. 1. Go with the original proposal. 2. Include as review and commentor in final selection. 3. Amend the process. 4. Table for further discussion. RECOMMENDATION - It is recommended the Council accept the process for reivew of the position description and that it table until May 28, 1991 further discussion of the participation by contract cities. PROPOSED MOTION - Moved by _, seconded by _, Council accept the process for postion review and table further discussion of contract city participation in the selection process until its May 28, 1991 Council meeting. Ayes __, Nays __. cc:James Brimeyer, Sathe & Associates, Inc. 5821 Cedar Lake Road Minneapolis MN 55416 Saihe 0^ Associates, inc./ t » hj7f^d/t'=t.VT t. Mav I, 1991 TO:City of Orono Elected Officials City Management Members of the Department Interested Parties FROM:Jim Brimeyer, VP Sathe & Associi tes Executive Search SUBJECT:Recruitment for Police Chief In preparation for our meeting, I would like to suggest some subjects for you to consider These subjects wrill allow you to give additional thought prior to our meetings, as well as other topics/advisory information you would care to impart to me. 1. Please consider the experience/technical qualifications or areas ot emphasis that a new Police Chief should possess. (Educational level desired, size of organization, years of experience, management expertise, geographical preferences/limitations.) 2. What type of management style or personal characteristics would you like to see in a Police Chief? 3. What is the community ’s perception of the department? (Citizens, elected city departments, other police departments.) 4. In your estimation, what are the greatest strengths of the department 5. The greatest weaknesses? 6. Please identify what you (personally) consider to be the 5-7 priority items that will be facing the new Chief in his/her first year of employment. (Please be as specific as possible with quantifiable information.) 7. Are there any programs you would like to see implemented that are not now part of the department ’s program? 8. Are there communities within the State. Region or Metro area that you feel would serve as good role models for the department or that have programs you would like to emulate? 9. Are there specific individuals you are aware of that you would like to investigate or approach as potential candidates for the posit on? SUNSET RIDGE BUSINESS PARK • 582i CEDAR la ^E PCAC • MINNEAPCL S ViNNESOtA iS-i'6 • >512'5A6 2100 • ^AX 612 5J6 6930 -2- 10. Are there concerns you have about the search process or sensitive issues dealing with interested parties of which we should be aware? 11.Do you desire that Sathe & Associates Executive Search make contact with any community based organizations or additional individuals as part of this initial fact gathering process? 12. What questions do you have of us or other items of information that would be helpful in this process? We look forward to learning more about each of you, your visions for the department plus ensuring that we understand your philosophies and concerns as we assist you in this important search. In the interim, if there are any questions, please contact me at your convenience. Jim Brimeyer (612) 546-2100 - office (612) 929-7399 - home SathP & Associales. !nc. CHIEF OF POLICE CITY OF ORONO Recruitment/Seleclion Schedule 4/22 4/29 to 5/17 5/1 5/1 to 6/14 5/13 to 5/17 6/14 5/13 to 6/19 6/26 6/27 to 7/5 7/12 to 7/13 8/5 Authorize to Proceed Gather information for Po*,ition Profile Place announcement Recruit/Solicit Candidates Present, Review, Modify, Approve Position Profile Close applications Review/Screen Candidates Review Progress Report with Committee Reduce 10-12 to 3-5 Background, Reference Checks Interview Finalists - Make selection Start date SUNSET RIDGE BUSINESS PARK • 5821 CEDAR LAKE ROAD • WIMNEAPQL'S MI’jNESC'A 55 -6 • 6'2 5^6-2100 • FmX 612/5A6-6930 Sathe 0^. \^sociates. Inc. April 26, 1991 TO:Tony Johnson Minnesota Police Chief Association RE:Magazine Ad FROM:Pam Wunderlich Sathe A Associates E.xecutive Search Please run the following ad in your next newsletter. We will need a purchase order number - #319. Call me if you have any questions at 546-2100. Thanks, Police Chief - Orono, MN Also serving (on a contractual basis) the cities of Long Lake, Minnetonka Beach and Spring Park with a total of 1 1,400. Supervise department of 16 sworn personnel plus 3 support staff. Requires A.A. (B.A. preferred) plus 3-5 years experience in a responsible public safety management position - preferably at a local government level. Current starting salary range $47,500 to $50,500. Send resume to Jim Brimeyer, Sathe & Associates Executive Search, Minneapolis, MN 55416 by 6/14 91. AA/EOE. SUNSET RIDGE BUSINESS PARK • 582' CEDAR l.ahE ^C-D • ^CIEaPCL S ^llf^^^4E3C'■A 55A'6 • 612'5J6-2100 • FAX 61Z'546-6930 ,i\/ n) i cirv I I """iORONO CITl prrf^ij^l'r'€2y'^ ^ Post Office Box 66•Crystal Bay, On the North Shore of Lake Minnetonka THIS LETTER ALSO SENT TO: City of Spring Park City of Minnetonka Beach May 3, 1991 Betsy Swartwood, Mayor 310 Russell Lane Long Lake, MN 55356 Dear Betsy: As you may know, the City of Orono has engaged James Brimeyer of Sathe and Associates to conduct the executive search for a new police chief. The cost of this search will be entirely borne by the City of Orono. Enclosed is a copy of the tentative schedule. At this point you, as a contract city, are invited to provide input in the development of the position description on the attached questionaire which will be the basis for discussion with the consultant. It is requested you and another Counc;.Imember establish a meeting with Jim to provide this input. Please contact Jim at 546-2100. Sincerely, Mark E, Bernhardson, City Administrator MiiB/tln BUIUNNG a ZOMING - 477.7357 ASSESSING administration a nVANCE - 473-73M FAX-47>05I0 PUBLIC WORKS - 473-7359 I 5891.3 TO: FROM: DATE: Mayor and City Council %JMark E. Bernhardson, City Administrato^^ / May 8, 1991 SUBJECT: Liquor Violation Review Process %y*‘>%7 Attachment: A. Liquor Violation Review Process/Kilbo Memo Dated 5/3/91 ISSUE - Establishment of a review process for liquor license violations . INTRODUCTION - It is anticipated that within the next month or so^ sta££ wili”be bringing forward to Council potential violations of a liquor license in the City. In advance of that being brought forward staff felt appropriate to establish a review process for this and subsequent considerations. What is being proposed is a method that is being used and to which our City Attorney agrees is a way to better handle it than a process of just having it conducted as a regular item of Council business. ALTERNATIVES - 1. Adopt the procedure as proposed 2. Amend and adopt. utilize procedure as has been used in the past that Council consider it as a normal item of business. 4. Table 'or further discussion. RECOMMENDATION - It is recommended after any discussion or amendments that the process outlined be utilized for consideration of future liquor violations. This process will be more formally delineated and presented for formal adoption at your next Council meeting. PROPOSED MOTION - Moved by , seconded by , Council direct staff to take conceptual dfrection for the^ liquor violation process and present it as a formal procedure at the Council's next meeting. Ayes Nays _. cc: Chief Kilbo A. ... r»»^ ^ AM w M ^ •• T-s \4 .i^ ^ 1^ Tv ^ v« *^ ^ >• • « ^ ^ ^ •- • fc A A w% v»- >•* r r':*^!:M ^ ,* ' 1 . Ak^^W'V « ^ t: V’ * 4 ^ ne:Liiuor Violaticn. r.'iview - >•oes5 I have reviewed the Orono code.and Minnesota statutes on liquor violations and spoke with Chief Dean Mooney of the Golden Valley Police Department in reference to their procedures in license revocati-n matters. ...ee March 25. 1991 regarding that conversati.^n. Memo ^SmJk W NiA Section 340A.415 License Revocation or Suspension states as follows: The authority issuing or approving any retail license or permit under this chapter .shall either suspend for up to 60 days or revoke the licen.se or permit or impose a civil fine not to exceed $2000 for each violation on a finding that the license or permit hoj.der has tailed f-t comply with an applicable statute, rule, or ordinance relating to alcoholic beverages. No suspension or revocati-^n takes effect until t:;e hearing or permit r.olier has been afforded an opportunity f > >"4>a hearing under sections 14.57 to 14.69 of the administrative procedure act. This section does not require a political subdivision to conduct the hearing before an employee- of the office of administrative hearing. Under Orono code 4.02. 5ubd. H. revocation or suspension, it states: The Council shall revoke the license upon conviction of any licensee or agent or employee cf a licensee for violating any law relating to sale or possession of beer, wine or liquor upon premises of the licensee, or if such revocation is m.andatory by Statute. If it shall be made to appear at the hearing thereon, that such violation was not willful, the Council may order suspension; provided, that revocation shall be ordered upon the third such violation or offense. No suspension or revocation shall take effect untdl the licensee has been afforded the opportunity for a hearing before the Council, a committee of the Council, or a hearing examiner, as may be determined by the Council in action calling the hearing. Such hearing shall be called the Council upon written notice to the licensee served * person or by certified mail not less than fifteen, nor more than thirty days prior to the hearing date, stating the time, place, and purpose thereof. , It is my recommendation that the Council use the following procedure in all revocation proceedings. After a notice has been given to the licensee of a violation, and a sufficient : . '.T' . .• ■* » i.' ' ’ *^ k u ^ ^ m. r^ r^ • — ' •* ■ «*•« ^ ^ w ‘«* ^ • - -V *- » ■V -w ^ury . wion ^ V over ohe Tiee"^ ing. -i swear ir..'44- •... .w • # • •TV, ^ s heir. fc . » k 4 «■ • 1 >• -44. no'inas C'^-ir. ier." "•'. oonveud a htsan.’i* wiCi'. t.4'.c v-ur.^i- -'i' a c- Council acting as tn- nearing ocny attorney acting as a presiier over case, the city attorney wonld swea the witnesses in front of the ''ounoil the Chief of Police -r t.'.e irricer nailing ...e -narge. city attorney would than swear in tha licensee if tn? licensee wishes to testify, and in so aoing. tne cnciuent^^ and the facts thereof, would be .T.an<= avai.aCi.e to tae jury or the Council sitting as a jury, and leave the determination up to the Council as to whet.ner or not t..e licensee is found guilty, and whether or not tne iioen.5ee i found guilty of a willrui or non-wi**tu- violat-on. If the violation is found to be v;illful. the Council shall revoke, suspend, for a ?eri:c not to exceed 60 days, or issue a fine up to $2000. If the violation is found to be non-willful, the Council nay suspend, revoke or issue fine of up to $2000. The timing of the days off a suspension matter would be negotiated with the Chier or roiuce anc tl'.e licensee and after it is agreed upon, the Chief woula t..en send a letter to the Council indicating tae 3U3P<^nsion and when they ^re to be 3erveo. '-4 Cl y ».> X . < s 5 •<.02 which ace to become effective other than on the first of the licensed year, the fee to be paid with the application '' .v. be a pro rata share of the annual licence fee. Licenses shall be valid only at one location and on the premises therein described. E. License Refundment in Certain Cases. In the •vent that, during the license year, the licensed premises shall be destroyed or so damaged by fire, or otherwise, that the licensee shall cease to carry on the licensed business, or in case the business of the licensee shall cease by reason of his illness or death, or if it shall become unlawful for the licensee to carry on the licensed business under his license, except when such license Is revoked, the City shall, upon the happening of any such event, refund to the licensee, or to his estate, such part of the license fee paid by him as corresponds to the time such license had yet to run. In the event of death of the licensee, his personal represen­ tative is hereby authorised to continue operation of said business for not more than ninety days after the death of such licensee. F. Transfer. A license shall be transferable between persons upon consent of the Council and payment of the investigation fee. No license shall be transferable to a different location without prior consent of the Council and payment of the fee for a duplicate license. It is unlawful to make any transfer in violation of this Subparagraph. G. Refusal and Termination. The Council may, in its sole discretion and fcr any reasonable cause, refuse to grant any application. No license shall be granted to a person of questionable moral characvier or business reputation. Licenses shall terminate only by expiration or revocation. H. Revocation or Suspension. The Council mr«y, in its sole discretion and for any reasonable cause, revoke, or sus­ pend for a period not to exceed sixty days, any license granted under the provisions of this Chapter. The Council shall revoke the license upon conviction of any licensee or agent or employee of a licensee for violating any law relating to the sale or possession of beer, wine or liquor upon premises of. the licensee, or if such revocation is mandatory by Statute. If it shall be made to appear at the hearing thereon theC such violation was not willful, the Council may order sus^/ension; provided, that revocation shall be or>V*;ed upon the third su.ch violation or offense. No suspension or revuc^ation shall take effect until the licensee has been afforded an opMrtunity for a hearing before the Council, a committee of the 'ounell, or a hearing examiner, as may be determined by the Council in action calling the hearing. Such hearing shall be called by the Council upon written notict. to the licensee served in person or by certified mail not less than fifteen ncr more than thirty days prior to the hearing date, stating the time, place and purpose thereof. As additional restrictions or regulations on licensees under this Chapter, and in addition to grounds for revocation or ORONO CC 68 (4-1-84) -n A If., V- ■t; ;r/' t^t'r F- •ip: 'J^,. s 4.02 susr«nsion stated In the City Code or Statute, the following shall also oe grounds for such action: (1) that the licensee suffered or pernitted illegal acts upon licensed premises unrelated to the sale of beet, wine or liquor; (2) that the licensee had knowledge of such illegal acta upon licensed premises, but failed to report the same to police; (3) that the licensee failed or refused to cooperate fully with police in investigating such alleged illegal acts upon licensed premises; or, (4) that the activities of the licensee created a serious danger to public health, safety, or welfare. I. Corporate Applicants and Licensees. A corporate applicant, at the time of application, shall furnish the City with a list of all persons that have an interest in such corporation and the extent of such interest. The list shall naue all shareholders and show the number of shares held by each, either individually or beneficially for others. It is the duty of each corpc-ate licensee to notify the City Clerk of any change in legal ownership, or beneficial Interest in such corporation or in such shares. Any change in the ownership or beneficial interest in the shares entitled to be voted at a meeting of the shareholders of a corporate licensee, which results in the change of voting control of the corporation by the persons owning the shares therein, shall be deemed equivalent to a transfer of the license issued to the corporation, and any such license shall be revoked thirty days after any such change in ownership or beneficial interest of shares unless the Coqncil has been notified of the change in writing and AS approved it by appropriate action. The Council, or any officer ft the City designated by it, may at any reasonable time examine the stock transfer records and minute books of any corporate licensee in order to verify and identify the shareholders, and the Council or its designated officer may examine the business records of any other licensee to the extent necessary to disclose the Interest which persons other than the licensee have in the licensed business. The Council may revoke any license issued upon its determination that a change of ownership of shares in a corporate licensee or any change of ownership of any interest in the busines.o of any other licensee has actually resulted in the control of the licensed business so as materially to affect the integrity and character of its management and its operation, but no such action sk U be taken until after a hearing by the Council on notice to the . '^nsee. SUi^^ i. Duplicate Licenses. Duplicates of all original the duplicate. All duplicate licenses shall be clearly narked DOFLICATB. Subd. 6. Posting. All licensees shall conspicuously post their licenses in their place* ?f business. ORONO CC (4-1-84) • .J.W it. r rI •r“' r'T-f -V; i ibi! I-/ •:. •••J 1 340A.41S WCEHSE WWOCAKOM OR SOSPBMSIOH. und«c »«ctlon* 14.57 to i4.o» . noiiticai subdivision to,ct. Ihl* Motion do.s not tequU. a political luo conduct th. heating b.fot. an employ., of adRinlettatlv. heating. The l.eulng action c^leeionet My l-poM th. cohoUc MM^gM to on a tetall llc.n... who knowingly ’ anothet tetall llc.n... fot '•“ij’trom anoth.ttetall lien... who puteha... alcoholic bevetage. tetall llcen... fot th. putpo.e of tesal.. 152 act I . l! 1987 o 910 * 12; 1988 c 534 s 2 340A.416 WCM. OPTIOR BLBCTIOH. Mtitlon Sttbdlvl.lon 1. Petition. Upon receipt .IgnM by 30 percent of th. p.teon. voting at the la.t 5s:.!r^f'rh:j‘ti.'’ry ^wru!.r. =c:!i:^ “‘SUmVi. Ballot queetlon. *'*• ballot and tefetendue under thl. .ection "“** UeSn.e* ot ♦agaln.t■uet allow the voter, to vote either fot license ^^'subd' 3 effect of election teeult.. If a Mjoclty Of 'vou^ron th. tefitendu. queetlon ‘-J* tlcSn..- th. city «y not l..«. m I until th. cult, of th. f;;,"^taitted a.subsequent election where the question has been sud« provided in this section. Subd. 4. Certification to ® referendum held clerk or recorder oust certify tesu -^ate within ten days of under this section to the secretary of s 4 p t ,y-- w IH DATS: TO: IBOK: SUBJECT March 25, 1991 Mark Bamhardson, City Administrator Hal Kilbo, Chiaf of Polica Admiaistrativa haarinvs, liquor violations On Friday. Mardh 22, 1991, I spoka with Chiaf Dean Moonay of tha Qoldan Vallay Polica Dapartmant rafaranca thair procadoras in lioaasa aattars. Ba imdioatad that thay had run a stinc oparation aftar cattias eonplaiats from citisans and found a numbar of violations in thair off sala liquor storas. Tha cliants plod foilty to the criminal charges. Badar thair ordinanca, thay must notify the license holder not norm 30 days or lass than 15 days, of a pending ease. It must be a personal service, they generally have a polios officer deliver the notice. In their proceedings the City Attorney presides over the the Council sits as a Jury. The City Attorney asaari in nittnesses and the Chief is usually the first witness. Be desoribes the incident and the facts thereto and whether or not the licensee pled or was found guilty of orininal charges. In their ordinance the Chief must also decide whether tha violation was a willful or non-wlllful one. It it be a willful violation, revoeation in their ordinance is mandat id Tory few willful ones cone to the attention of the TnTunon and if a non* willful one is found to be warranting license action by the council, it is a nandatory sentence of not less than 5 days. The timing of the days off is negotiated by the Chief of Police and the licensee and after it been agreed upon, the Chief sends a letter to the* council indicating tha days of suspension. w' ■ #1 w- ei;'.. m ') Date: To; From: Re: Interoffice Memo Hay 3, 1991 Mark Bemhardson, City Administrator Mel Kilbo, Chief of Police Continued Employment - Officer Tim Roberts <3^ % The City orlcinally granted employment of Officer Tim Roberta contingent on return of Officer Oembouski or 160 deya. Officer Jay Dembouakl Is returning to duty on May 6. 1991. The Department la now in the process of hiring a patrol officer to fill vacancy created by Lt. Moran's resignation. This process should be complete by June 13, 1991, when the Council hopefully will appoint a patrol officer. Officer Roberts will be taking part in this hiring process. I am requesting permission to continue to employ Officer Tim Roberts until such time as an Individual is selected and commences work In a regular employee capacity. This does not preclude Officer Roberts from being selected for this regular position. To: Mayor and Council From: Mark Bemhardson Forwarded, recommending approval. Proposed Motion Motion Second.The Orono City Council confirms the extension of Officer Timothy Roberts In a temporary status until such time as either he or another person Is appointed and has commenced work In the capacity of a regular appointment. Ayes_ _Nays_ _ CC: Chief Kilbo Personnel File J Wt:' m ■ Ymv- r.^'1'v ■=. it-* h ■>«?a, m te i‘,-v) <;i._ .. •- .4^., mmi:: TOt FSOMt nans Mayor and City Council Mark E. Bernhardson, City Administrator May 1, 1991 8UBJWCT: Sawar and Watar Rates • Ordinance Amendment Attachments A. Saver and Water Rates Memo Dated 4/16/91 B. Draft Ordinance Amendment X88UB • Baaed on the 1991 Rate Study determine what chan9a8» if ^f>y, Council defires to the following rates: SewerAdminiatration and Billing Sewer Billing Billing Based on Water usage WaterAdministration and Billing Navarre Service Area Ready to Serve Gallonage Rate Long Lake Service Area Waysata Service Area Highway 12 Service Area INTRODUCTION “ Attachment A waa presented to Council for Inlornatidirand tabled until the May 13, 1991 Council meeting. PI8CU88I0W • Baaed on the rate study the following rates are ceoMHMnSid to be changed: (* Represents proposed change)Current Proposed Municipal Sewer Rate:by units 1st $51.15 per quarter 2nd $48.25 per quarter by flows $ 2.90 per quarter plus $1.90/1000 gal. :V5 $51.15 per qtr. $48.25 per qtr. $ 2.90 per qtr. plus $2.00/1000* gallons Municipal water Rate: Area #1 * Navarre Service Area Billing a Ready to Serve Charge water Usage Rate Unconnected Property Charge Cready to serve/hydrant chg) $12.80/Qtr $ 1.17/1000 gal. $12.80/Qtr $15.55/Qtr * $ 1.27/1000 gal* $15.55/Qtr jj u ■.I,: '1/ :*1^- 'I V A>.. f ■ »V ri Current Proposed Area #2 - Long Lake Service Area Administration and Billing « Hater Usage Rate $ 6.70/Qtr 5 2.75/1000 gal. $ 5.15/Qtr $ 2.75/1000 gal Area #3 - Wayzata Service Area Administration a;«d Billing Hater Usage Rat:. $ 5.35/Qtr $ 1.40/Qtr $ 5.15/Qtr $ 1.40/Qtr Area #4 - Orono/Hwy 12 Service Area Administration and Billing Hater Usage Rate -0 -0 $ 5.15/Qtr $ 1.75/1000 gal. Given the minimal nature of these changes since ^ recommeneded that these be changed together with establishing an interim rate for the Highway 12 area. ALTERNATIVES 1. Adopt the rates as presented 2. Amend and adopt 3. Table for further discussion. RECOMMENDATION - It is recommended that the Council after discussing tKe"issue adopt the rates presented as reflecting the operational costs including monies for future equipment replacement. PROPOSED MOTION - Moved by r Council adopt Ordinance No. —t Second Series setting fee changes for select water and sewer rates effective July 1» 1991. Ayes __» Nays __. ccj John R. Gerhardson, Public Horks Director Tom Kuehn« Finance Director r 41691 df7/0^^ ^ TOj FBON Mayor and City Council Mark E. Bernhardson, City Adrainistrat DATS: April 16, 1991 SDBJBCT: 1991 Sewer and Water Rate Study Attachaent:5: se«« ,.d Water Rates ISSUE - rcssant: to Council the results of the 1991 rate study bas^ on 1990 and year prior information for: A. Sewer Be Water thtboduMION - In 1986 the City hired Its accountant Pannell Kerr g^°”t^conduct a rate study tor sewer and water tafs As a result of the format that the> provided us, staff was a i update that study for 1991. DISCUSSION - SBfffe - (1,668 Users) a. In the rate study the rates that were established in 1986 are sVill valid for 1991 for customers billed on a i.Lvt« bSsis. TVa degree this has been a result and benefit of the dry years. During normal or wet years there is J :Srt^o^^l^^^^^^oVhV".yVtV.“t‘hU ‘ir.nrutl\^“lr« treat*! by Metro N.ite Control Coenlsslon. The City ^«“S.t"i%oVe‘;;;t%7rc«-at. t» ii»rt thi. -i .nd I- «,d >»• p;VfVc“ wTto^ow^ ViJ”?i| 61.96 to $2e 00/1,000, a 5% Increase. -wr ^ ^ •W' — a The growth in the sewer fund has been the result of the following items: %, rant^al Reolacement Funding^ “ The rate structure has bullf^o W-Sarn^.. :.|ec i at ion a-ount which l. used to set money aside fbr capital repxacemwnt expenditures on the existing system. ^ tS replacements of lift station 8 and 22 have been tte JesulVof monies from this fund to replace existing equipment. Be Lower Plowaoe - As mentioned the dry years have t-h 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/Billinq - 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 inciucf^ 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: Havarre System - (755 users) - The cost for operating the 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 S years. Wayxata 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 p0r custoMf plus $1«I9 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 cust< System The ci Ki: . h. rw ■;:r Orono a rate that is S.25 per 1,000 gallons higher than what they bill out to their retail w-’^tomers 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. Orond/Hichway 12 Sy stem - (8-10 Anticipated Users By 1552J - 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 51.75 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. ALTHimATIVES - 1. Accept the information 2. Re<juest additional information. 3. Adopt the rates presented as an ordinance amendment. 4. Table for further consideration IMiHIlli th* It is additionally recommended lowering some rates now and to raise th i" later, will be more problematic than continuing >#ith the a&m ^ates for a longer period of time. PROPOSED MOTION - Moved by _# Seconded by _, that Council after SSiS! *««%rcon‘s%%rat^Vn Council meeting. Ayes Nays _. cc:Tom Kuebnp Finance Director John Gerhardson, Public Works Director i*.^/ ■ ■■ .! 1 OF CRONO .*91 OTILITT RATE STOOY gSTXMAXSO MHCC CHARGES rSM following ochodulo •uomarizes the histcricai sewer flows and related MWCC chargee FLOW IN MILLION GALLONS USE CHARGES YEAR ESTIMATED recorded ESTIMATED ADJUSTED 170 190 195 195 198 200 225 225 230 214 200 200 :v9 163 IBS 207 212 214 224 167 161 158 $112,122 $128,356 $153,919 $173,898 $185,234 $189,919 $220,268 $228,133 $227,102 $219,106 $210,444 $221,884 $125,292 $117,494 $144,621 $156,344 $170 700 $184,590 $202,980 $172,301 $171,230 $162,698 from MWCC consist of the following components: Cuscsnt Uso Chsrgss - This is MWCC'a oetimata of the current year's ehscgss (shsrs of cost) for the city's sewer treatment. I?;- &■ Cucrost V«Xu« credit - This credit reduces the billings from ^c. esedit reoresents principal and Interest payments on the remaining from the sale of that portion of the City's sewer system sold to MNCC. The Debt Payment Credit - No longer received by the City. Final cost Allocation - *his adjustment charges or crsdits the current MNCC billings for the final adjusted costa for the sMond previous year li.e. 1*91 MNCC billings are reduced by $56,408, which was overeharged/ovmrestimated on the 1989 current use charges). r&bnl dost fianl CO ll0rM2) allocetions can fluctuate significantly from year to year (i.e. 1980 fflifgyefe use charge, eseludiag the effect of final coat allocation e«wt coat allocations are important for detumining the of treatment costs to better analyse current cost estimates. 'oe hSi -•«t3r v.ia * purposes, the principal balance of current value credits are in the lower Fund. Revenue equaling the coat of the system was recognised end added to fund balance *t the tim of The gain from the ^ale of the system is being recognised over of tae current value credits through 2006. %r' f-. ;v CITY OF CRCIIC 1991 UTILITY RATE STUDY . A.T'i 511 sub.4< states that current value SlSitV L«d Vo finane. currant costs allocatad to toa unit bv the commission or for other sewer costs, ^ -edits shall not be considered as proceeds from ^e sal- “ ^pfl proparty so as to paruit their use tor other pur- pos Mice l..Jludes current value credits as a cost of ■aincenance of the Sty could consider •=S^* “Te ‘^^rcreSt S a SSTct reSetion'^of current use the such as an accumulation of ^:.Sor* «jo?"Air/o?'1Splaci.ent of the sewer system. CONNECTION/UNIT DETERMINATION MKC meters the total sewer flow of the City,invbv* in«t«rad Also, since less than half of the ^tammrs are connected to the City water ^ ii^en^ally not possible to correlate sewer flow to water meter readings. vm Mtiaate an average of 1,668 connections during 199i; To mora AtV Se cost of sewer treatment, the City user, a Residential connections are one unit representing spproxla'.tfly 25,000 gallons a guarter on the average. The City establishes ths number of sewer billing Saraed to all nonrasidential customers based on Wical Swage flw anticipated for the type of commercial, industrial. or institutional usage. MW,., M«<HiaAtae an avarage of 1,770 sewer billing units for 5?l/^ln addUion to unit billing, a fsw major 5^2 Kill.., Mn aBmpmhionmX pmtm chmmcm bmmmd on wmhmr usm^m mdjumtmd inflxi/STn Tt i. •mtimatad that major oumtom- m irtfi^^watar of appromimataly 11 miXllon gallons. SEWER FUND OPERATION •Pha following scuedule of sewsr fund operations is based on SV2 •2?l2t.^co.t, coat allocation, and othar ravanua the for 1991. ,zt: of orcmo 1991 UTILITY RATE STUDY SSWER FUND OPERATIONS - CONTINUED 1991 S3timacs 1990 Esrifliat (For Compare son only) Adn-r. i Silling Operarion S Maintenance Tota- cost: of Service* t Peraonal Service* ^HwtHiefcgation charge Professional services Tsiephone and Postage Data Processing Conference and schools Office Supplies Hasd»erships Operation & Maintenance Supp Utilities Kquipeent Rents Repairs & Maintenance Xasurance Travel, Licenses, fi Taxes MNCC tstioated Current Charges (see schedule) Oopreciation^excludes mains fi 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 13,300 1,460 1,180 875 6,630 400 190 10 31,100 2,370 375 760 400 10 4,100 15,000 500 22,540 8,580 320 221,884 26,400 94.400 1,460 3,550 1,750 7,440 800 190 20 4,100 15,000 500 22,540 8,580 320 0 221,884 0 26.400 Total Cost* of.Service Excluding Depreciation on Mains and Lines Depreciation-Main* £ Lines Sources of Revenue/Financing ether than Customer Sewer Fees: Current Value Credits Interest on investments Other 383,520 104,130 24,095 384,839 104,130 408,934 104,130 33,988 56,627 3,865 Total 94,480 Estimated Net costat Cost of service excluding and Lines Less Sources of Revenue net coots Excluding Depreciation Mains and Lines Depreciation - Mains and Lines net Costs Including Depreciation on Mains and Lines 33,988 59,000 3,100 33,988 59,000 3,100 96,088 96,088 24,095 384,839 (96,088) a _ _ _ 408,934 (96,088) 24,095 288,751 3X2,846 104,130 104,130 24,095 392,881 416,976 err.' or orono IWl UTILITY RATS STUDY R RATS DETERMINATION Ete"follwtng rat«« are decernined by the eszinaced costa, sewer flow, and Mviouslv diacuaaed. Each unit or metered sewer customer rs c..arged a juar-sr.^ ^ SliaiatratlTe and billing" fee in addition to an operating three alternative otserating rates and unit cnarges shown >.0 ...d.cawe the ex.e... . 1. 2. 2. Baaed on service costs excluding depreciation on mains and lines, net of 2difi2^-^Sme'*aa minijnum except recovers a portion of depreciation on mains and of eetiawted revenue sources. iBMd on water oeter uaage- RiSadAStratien and billing $24»098/(1,663 connections ♦ 5 metered)/ operating rate 5288,751 / 200 million gallons x 1.2S I S I* ratio - OR - Modified operating rate {$288,751 ♦ 33,988) / 200 million gallons X 1.25 I 6 I* ratio - OR - full operating rate $392,881 / 200 million gallons x 1.25 X & I* ratio 3.60 @ qtr 1.30 S 1,000 gal 2.00 (? 1,000 gal 2.45 (3 1.000 gal unit billings ** a^Bliiatration and billings ~ (same as above) - AND unit charge paU operating and maintenance cost Hatered share - $1.80 x 11 million gallons 3.60 9 qtr 5288,751 (19,800) $268,951 giiai^arly unit charge $268,951 / 1,770 units /4 q;trs Modified unit charge Met operating and maintenance cost 5288,751 Add back currant value credit 33,988 Hafared phare • 2.00 x 11 million gallons (22,000) 38.00 9 qtr $300,739 Quarterly unit charge $300,739 / 1,770 units / 4 qtrs - OR - full unit charge Vet operating and maintenance cost S39Z,aei Matered shar - 2.45 x U million gallons (26,950) 42.50 9 qtr $365,931 by the City through studies. f: ill TY OF ORONO 191 UTILITY RATS STUDY ;ATSR OSAGE AND SYSTSNS .u ««.r =0„n.«i02 ^ . “rcti«r9«d dii£.t.nc r.t.. d.si.i>d«nE_upon M. co.t oi parricuidr «y«tm. A fourth •yatom will ba in oparation dur_..g --91. nw following ahowa hiatorical trends of water sold to Orono customers and aacliBatad usage for 1991: Gallons Sold In Navarre/ Gi, ^no System Long Lake Wayrata Total 1987 1988 1989 1990 1991(eat) 64.309.000 75.375.000 64.982.000 57.920.000 67.600.000 10.853.000 16.134.000 13.285.000 13.791.000 14,000,000 6.302.000 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 Sat Users in 1991 759 11 56 326 major coat differential relates to the cost to purchase Lake and Wayzata for distribution to Orono customers on those systeme. riadx to serve charge 'a addition to the administration and billing charge and xiatiag and potential cuatooera on the Navarre/Orono water distribu.-on syst ■ billed for a "ready to serve" charge. The ready to serve charg eo«. o« Jintdinin, td. .yd- for .11 It is being used by only a portion of t.hose where service is available. U-ltS ti tboi. whicl. -ould b. ibcurMd wh.th.r or not ««« , oonontly ooim.ot«l r«.i.. th. bon.fit of .y..l.bi.lity the event of failure of their current water supply and increased fire protect on availability of hydrants connectad to the system. GIZER rOHD 0P1RATZ0N8 followina schedule of water fund operations is based on estimated 'ti^a^n and other revenue for 1991. In addition to the sale of water there on Inveatmenta as an other revenue source. ^ T~ CZZS 0? OROMO 1991 UTILITY RATS STUDY lATSR FUND OPERATIONS - continued 1991 Sst—T.ata 1990 iSti-T.at (For compar- ijon only) Adfliin i ailling Navarre Long Lake Wayrata -a ^* w Qo«t of Sorvicoa: Poraonal Sorvieea Adminiatrativo charges Profossional sorvicoa Tolopheno and Poatage Data Proeoaaing Ceaforoneo and Schools Offico Supplios MMborahipa Oporation s Maint Supp Otilitios ■•paira fi Maint Xnauranco lloaor Fttola 6 Lubrication Purehaaod Water Ooprociation‘>oxcludes mains S linos 52,945 1,000 2,401 1,227 2,476 429 140 13 8,562 20,332 20,095 4,739 845 42,066 10,482 1,050 1,665 625 3,360 334 350 50 44,038 330 250 1,595 553 35 36 35 36 384 16 100 9,510 22,950 22,800 4,700 860 150 100 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 7,605 Total cost of service Bxeluding Depreciation on Mains 6 Linos 164,875 Oapxeciation ~ Mains a Lines 29,714 gomrsa of Rovonuo other than solo of water: Xntorost on InvostaBonts 9,500 Bat of Service by Function: Adsiastration A Billing Beady to serve cost Operation 6 Maint Costs Bxeluding Depreciation on Mains A Linas Loss Sources of Revenue costs excluding Depreciation wtee A Lines gepreeintion on Mains a Lines Cost including Depreciation on Mains A Lines 9,684 536 50 10,270 18,066 117,074 36,748 9,882 181,770 26,881 1,596 1,237 29,714 1,025 3,199 162 114 9,500 18,066 33,414 83,660 36,748 9,882 18,066 33,414 130,290 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 L •?Y 0? ORCNO .391 UTILITY RAXZ STUDY ATBR RATE DETERMINATION 'hm following rat«« aro daterminad by t.-e ascir-aced costa, water usage, and nuriser of ■iatonera in each distribution aystam as previously discussed. 2acn water customer iS i the extant to which costs are recovered: 1. 3. 3. Minimum - Based on operation and maintenance costs excludi.ng depreciation on mains ASd . .Modified - SaiM as miniimim except recovers a portion of depreciation on mains and lines based on the same percent recovery as t.ne modified rate for sewer ser’/’ice (33,988 / 95,860 - 32.64%) . . Full - Based on total operating and maintenance costs including depreciation on Mins and lines. jaiflistration and Billing all areas $17,041 / 826 / 4 qtr •aearre Service area Admin fi Billing Ready to serve fee 4 err Minimum operating rate Modified operating rata full operating rata - - 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 long Lake Service area Admin 6 Billing Minimum operating rate Modified operating rata full operating rate - - AND - - $36,586 / 14 million gallons - OR - -[$36,586 >► ($1,596 X .3264)] / - OR - $38,182 / 14 million gallons ysata Service area Adain 8 Billing operating rate • :iodified operating rate Tull operating rate - - AND - $9,768 / 7.3 million gallons 9 OR ^ -($9,768 + ($1,237 .3264)] / - OR - $11,005 / 7.3 million gallons F.V. * $ 5.15 3 gtr $ 5.15 9 qtr $10.40 9 qtr S 1.14 9 1,000 gal $ 1.27 9 1,000 gal $ 1.54 9 1,000 gal $ 5.15 9 qtr $ 2.61 9 1,000 gal $ 2.65 9 1,000 gal $ 2.73 9 1,000 gal $ 5.15 0 qtr $ 1.34 9 1,000 gal $ 1.39 9 1,000 gal $ 1.51 9 1,000 gal C:?Y OF ORONO 1991 UTILITY RATS STUDY •OMMARY of rates Rataa on watar uaaga - AdMLa a Billing Carrant oparmting rata Mininmm oparating rata Modifiad oparating rata mil oparating rata on aawar unit billings a Billing Carrant unit charga w4miiii unit charga Hodifiad unit charga mil unit charga Batar Ratas Saaarra oarriea araa - Bdnin a Billing Baady to sarva faa Carrant oparating rata oparating rata mil oparating rata ^ong Lakm aarrica araa ~ Bdntn a Billing Currant oparating rata ^ oparating rata Modifiad oparating rata mil oparating rata mu ica araa - a Billing oparating rata rata oparating rata oparating rata Races Currently Effective Proooaed Races 2.90 0 qtr 1.90 0 1,000 gal 2.90 0 qtr 48.25 0 qtr Percent % Increase (Decrease) 3.60 0 qtr 24.1 1.80 0 1,000 gal (37.9) 2.00 0 1,000 gal 5.3 2.45 0 1,000 gai 28.9 3.60 0 qtr 24.1 38.00 0 qtr (21.2) 42.50 0 qtr (11.9) 51.70 0 qtr 7.2 5.20 0 qtr 5.15 qtr combined 7.60 0 qtr 10.4(3 1i qtr 21.5 1.17 0 1,000 gal 1.14 0 1,000 gal (2.6) 1.27 0 1,000 gal 8.5 1.54 0 1,000 gal 31.6 6.70 0 qtr S.IS 0 qtr (23.1) 2.75 0 1,000 gal 2.61 0 1,000 gal (S.l) 2.65 0 1,000 gal (3.6) 2.73 0 1,000 gal (*7) 5.35 0 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 I » 4 -du » Lu ORDINANCE NO. SECOND TERIES AN ORDINANCE ADOPTING THE 1991 FEE SCHEDUI.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 Council of the City o£ Orono ordains: Section 1. Ordinance Repealed. Ordlnanoe No. 62 Second Secies, 65 Second Series, 68 Second TJerlesT 70 Second ®®****» Second Secies, 74 Second Series and 76 Second Series are hereby Ih! Ocono pet Section 1.05 of the Municipal Code hereby ordains the following Fees effective during the calendar year 1991: BKTIINI 1. VeoB. lyillW APPMCAT10M8 All fees ece applicaUon fees and are non-re fundable after staff v/ork has begun on the epp1Ica^fon. Applicetion Type Fer S 175.00 i*ieslDle applications invs'.>iving nore than one variance will require an additional $50.00 paywent per each variance) RINEHAL VARIANCE (No change from original application) $100.00 CONDITIONAL USB PERMIT (One charge per project) Eealdential Accessory Use (Animals, etc.) $125.00 Institutional Uee (School, church, etc.) $150.00 Duplea Credit (per building) Quegt Houae/Queat Apartment Commerolal/Industrlal Use $150.00 $150.00 $250.00 Applicable Code Section 10.06,Subd 3(D) 10\06, • Subd 3(D) 10.09, 10.09, 10.09, 10.09, Subd Subd Subd Subd 3 3 3 3 31 1 ^ 10.09,Subd 3 ' i • \ a PUBLIC W0HK8 DBPARTMEHT MISCELLANEOUS CHARGES Utility Service Rates - Effective beginning Third Quarter 1986 • •! ( I . ; f MUNICIPAL SEHBR RATE by unitt 1st 2nd by flow: $ 51.15 per quarter $ 46.25 per quarter $ 2.90 per quarter ptu.i $1.90/1000 gallons MUNICIPAL HATER RATES Billing 6 Ready to Serve chg Hater Usage Rate Unconnected Property chg (ready to eerve/hydrant chg) Area II Navarre Area |2 * Long liake $12.80/qtr $6.70/qtr $ 1.17/1000 gal $2.75/1000 gal $12.80/qtr -0- Area 13 , Wayzata . $5.35/qtr $1.40/1000 -0- ga I Bulk Bale to Minnetonl a 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-Oa Hater Turn-Off $17.50 $17.50 Hater System R'^pair/Replacement if damage caused by property owner: Labor - Current Hourly Rate Parts - At Cost » li* a« • I • * * ■ i; v RECYCLING CHARGE Recycling Container - Initial Replacement (Including sales tax) ♦ *EfCective second quarter of 1900 k '*■ $12.00/year No Charge $ 6.50 each ?.i }W I •Mii' ’ ■| I i I .I:*;'; OROIHANCB NUMBER SECOND SERIES AN ORDINANCE AMENDING ORDINANCE NUMBER 91, SECOND SERIES, ADOPTED DECErtBER 10, 1990 ENTITLED "1991 FEE SCHEDULE" The City Council of the City of Orono ordains; Ordinance NO. 91, Second Series adopted December 10, 1990, and entitled "An Ordinance Adopting the 1991 Fee Schedule" is hereby amended to read: PUBLIC WORKS DEPARTMENT MISCELLANEOUS CHARGES Utility Service Rates - Effective 1 July 1991 Municipal Sewer Rate by unit; 1st 2nd by flow S 51.15 per quarter $ 48.25 per quarter $ 2.90 per quarter plus $2.00/1000 gallons MUNICIPAL WATER RATES; Area #1 - Navarre Area Billing & Ready to Serve Charge Water Usage Rate Unconnected Property Charge (ready to serve/hydrant chg) $ 15.55/Qtr $ 1.27/1000 gal $ 15.55/Qtr Bulk sale to Minnetonka Beach for Lafayette Ridge Area - Area #1 Rate $15.55/quarter billing charge plus $1.27/1000 gallon total flow at border meter. Area #2 - Long Lake Area Billing Charge Water Usage Rate $ 5.15/Qtr $ 2.75/1000 gal Area >3 - Wavzata Area Billing Charge Water Usage Rate $ 5.15/Qtr $ 1.40/1000 gal Area #4 - Orono/Hwv 12 Area Municipal Water Rate: Administration and Billing Water Usage Rate 5.15/Qtr 1.75/1000 gal This ordinance shall be published in the Laker and Pioneer Newspapers and shall be effective upon publication. Adopted by the City Council of the City of Orono on this 13th day of May, 1991. ATTEST:Barbara A. Peterson, Mayor Dorothy M. Hallin, City Clerk « ^ A « • • • •» • • • £ h: S.- f .4 : ■> o N TO: FROM Mayor and City Council % Mark E. Bernhardson, City Ad.tiinistrat DATS:May 1, 1991 4f, SUBJECT: Highway 12 Corridor <>45 % Attachment: A. Highway 12 Corridor Memo Dated 4/15/91 (No Attachments) ISSUE - Reminder to Council of a upcoming meetings for May that are tentatively scheduled as follows: Technical Committee - May 21, 1991 - 1:00 p.m. Delano City Hall Policy Committee - May 22, 1991 - 5:30 p.m. Maple Plain City Hall Citizens Committee - May 21, 1991 - 4:00 p.m. Maple Plain City Hall As noted last time, these meetings are tentatively scheduled for the above listed dates. These are subject to change. It is our anticipation at this time that the traffic information will be available for those meetings. V y \ ' -.•V- •• • *■ . 9--_r ^ • • 4 j LjA,^ 4. Pear /Pr.MAY 8 1991 / / / /. /./ (: /' er A 6/n P\^ i. ,'^ cJ JP Ji'^^ a A rAe //'7/Voc'^/"/ pr. /Pu Pcc P/yL JfA^er c rry^'P f-' ra/Z./^f^ I S-n lyr.,^/^/^ ycy /i' ^CeTcza-ft P yym'’ AP o/zi z? /I /^ jo>/ac,e/r}Z^ or r/i/ riy;;Ah'ziv- /^\ p'/' jTH/'~ /lA'A^riy /y^ //a'>''1 p Lnct: Z// p. > a^o<^/^ire:/. AC ! /nary' /? drpz-i HTt // Ir'<r yA 0<{P PzC'Zr i? /'/ 'CrZC'Zr p^cayj t ----A » t o/7t pA /Arst yyn ypuP- A^'A /P A p ^( P^c t Aa/s C ar/J/ P c/rP^arTdp!z /n^ cZ'Zx uycP AzT /pc. yZ^^icc /rjryA ^ '76VA>ri7 , PP, // vycc ^/ / ^ ' / ^/ Lzice C-CAi, P // ^Ps’ e ^.'OZlA' d>'P yAjyy .'Api / ^ yupu /V/^ k Yr>U'’ zorc rdi d /£ Zz/ rA £) , rAt AcyPi^yr /P P^ OuA' K'-'A ry zzu./n^rt Cj jTdOU / r/n A yrczcy y<pl '^ /z> yPuA ^ AOPtp aPc IdC t A taJ, A‘P A^A o^ A^A/'/^ALt'c\i /( ^'ACiPt/y y-pCY'S ' .P/dA P^*n/ p (^r/ry^-ry//7 i ( TO: FROM: OATS: SUBJECT •V./■ Adr.inistr 2tcr- Mayor and City Counci- Mark i. 3ernhardson, Cit* Ag-ril 13, 1991 Highway 12 Corridor Study Procass/City Position *% •'/y. Attachment:A. Adopted Position - Draft B. Letter of Transmittal to Long LaJce/Draft C. Letter of Transmittal to MnDOT/Draft D. Letter of Transmittal to other Cities/Draft E. HNTB Memo Dated 4/15/91 ISSUE - 1. Present for Council approval the documents adopted and to be transmitted as a result of Council action on April 8, 1991. 2, Present draft of cover letter to other cities in SwUdy* 3. Update status on next round of meetings. INTRODUCTION - At the Council’s April 8, 1991 Council meeting 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 _. ADOPTED CITY OP OROHO/HIGHWAY 12 POSITION A ADCPT2D MARCH 25, 1991 Review of Process In January the City Council requested the^Planning Conunission give it a recominendation or the Highway 12 Corridor process. At the work session held on February 6th, Conunission members defi^red the scope of their review and the specific issues to be eddxessed by the Commission as Council had provided no specific direction in their charge to the Planning Conunission. The Planning Commission concurred that the first step would be to defi&'S a series of goals and policies that would set forth the framework for discussion and finally support a final recommendation. They agreed that the recommendation must include A specific location for an east/west corridor, the type of pr upgraded road to be installed and potential impact upon existing zoning (land use) within the city of Orono and ijippct of an eaat/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 ^091. 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. 9. 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 & Associates). Comments of Natchez Diaz, Transportation Manager, Metropolitan Council. Comments of Gary Rylander, Transportation Engineer, Bonestroo, Anderlik, Rosene & Associates. Written and oral comments of citizens of Orono. Minutes of the Policy, citizens and Technical Coamiittees for Highway 12. Comments of concerned citizens groups of Long Lake. Informal coonents of an Orono School Board member. Adopted City of Orono/Hichway 12 Position ?2C2 _ The Orcno City Council reviewed the Planning Commission recomznendation and adopted the Planning Commission recommendation at their April 8, 1991 meeting. V I' CITY RBSOMB OF OROHO/HIGHWAY 12 POSITION ADOPTED APRIL 8, 1991 1. Overall goals and policies of the 1980 Community Management Plan are still appropriate and should be restated for these iiscussiona. 2. ' The designation and/or new installation and/or upgrading of a corridor through the City will not result in the rezoning to commercial or industrial of abutting lands nor the expansion of existing commercial or industrial zones. No changes in current zoning shall be considered. 3. 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. 4. ’ The upgrade of Highway 12 is necessary within the Orono/Long LaJce area because of safety factors. 5. 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 pian/agreement between both cities. 6. 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); B) establish corridor to plan around; C) minimize time length for property owners caused by uncertainty as to highway location; D) develop corridor as close to present as possible; B) limit residential impacts; F) protect the natural environment. Adopted City of Orono/Highway 12 Position Pace 3 Corridor Location The Planning Conwission recocmends _cr new ***'{"“?* corridors be considered to minimize •!nTon eSs^nc land use?The Planning Commission unanimously i5l«d \"haTrh; Southern ccrri^lo/,_th« ^both ^intersected^and SSTccVtable'based on env^roim^^^^ more compatible with an upgraded corridor. The minority opinion asks Council to consider County Sr,»2nt “VarUr^^ro1"^ rntyPad^t^l reason tUe is »««„rr/co?n1:Vfo?di ?o?l/U?e "l%sl ?2Mct"on”xiating development than the upgrade of Highway 12. f ?A^-no%%\Tr*n rordenT4e-C?t “ Jd tlhi no?«.ult in physically dividing the City as would the Upgrade to a freeway of Highway 12. The tr'crt-fo^f \?ng “”lhf t?%.mp':d^?^ ”.vilv <mnrov«ments to Highway 12. The members are conprenensxv. satey safety improvements continue to be Sl"5d*nof 1993 “a*nd‘'blsld"li^futu^e budget limitations may not be realized in 1993. Oeelgn of Upgraded Bead It was unanimously recommended “ ■”i"t”Tru''e«S witS’^aof-wav* roadway ("less than expressway ) be constructed «itn a :r.Tbiisj“j^ss^ th? r^t^v'cr/rono? S?!!fyy^?.:;fn*°;^c"lv'^ncourages the Co^cil to carefully .“J^Svi'SniSSe^riof add«Is ”g regional traffic flow end preaaure from the west. Adooted City of Orono/Highway 12 Position m ^ ‘ t on z ing Zoning "*he uoarading of Highway 12 shall not result in tne creation Of noC'^^o^^lui/industLal zoning disnricts wznMn shall "cts.* tW axisUng 'zoning along HirtwaV' iVCill with an upgraded roadway and that ri wIL „e i-ansDortation needs addressed in Comprehensive Plan the considered for all developments adjacent to Hlgtafr* 12 ‘development of service/frontage roads and prohibition of^irect access onto Highway 12 for new development). IiqMict upon Long LaJce of Upgraded Existing Corridor We concur that future consolidation of both the -.Ices for good planning sense for botft Th^minor^y opinion cautioned that such a communities. The ^ by Long Lake citizens as an K5:??rrlri"rov"e*L\%,%%\siv, takeover The - Jority members believe the opposite as this The Citv of SS;?Si?ion.°'T ”-contrac^^^^^ ^need not result in the l^ss of Long Lake’s unique identity as a business center. Exhibits' are available upon request. Isv 51?1.S ■ ‘) % TO: FROM: DATS: Mayor and City Council Mark E. Bernhardson, City Adrainistra^ May 1, 1991 1%.'fy j Oa ^9sff '^C % SUBJECT: Municipal Board Process ISSUE - Present to Council updated information regarding the Nuncipal Board process. INTRODUCTION - The progress in the negotiations will be discussed during the City Attorney's executive session. PROPOSED MOTION ~ Moved by _» seconded by _, Council accepts the information regarding the Municipal Board process. Ayes _, Nays h J •fkt - Date: To: From: Re: Interoffice Memo April 2S. 1991 Hark Bernhardson, City Administrator Mel Kilbo Hiring of Back-Up CSO %> >> yr.: ^ Jo. This Department has interviewed four candidates for the position of back-up CSO. The four candidates consisted of three reserve officers from our Department, and one reserve officer from St, Boni-Minnetrista Public Safety Department. As a result of our interview and backround investigation, it is my recommendation we hire D.J. Goman for the position. DJ (short for David Joseph) is 20 years old, has been a very active, dependable member of the Orono Police Reserves since June, 1989. DJ lives in Mound and is employed on a seasonal basis as a utility worker for the City of Spring Park. The City of Spring Park has been asked if they feel there may be a conflict of interest in our hiring of DJ, and they do not feel there would be any problems at all. Therefore, I recommend the Orono Police Department hire DJ Goman as the back-up Community Service Officer. Further, I request we be allowed to hire DJ Goman effective 1991, as this time of year we have an increase in animal control problems. To: Mayor and Council From: Mark Bernhardson, City Administrat Forwarded recommending approval. Proposed motion - moved by seconded by The Orono City Council approves the hiring of David Joseph Goman as a part time employee, assigned to back up the Commun—^ ity Service Officer duties with a salary not to exceed $3400 in 1991 or $5100 yearly thereafter, at an hourly rate of $5,304 an hour with no benefits. I J'vV. MOUND MEDICAL CUNICS, LTD. August 16, 1989 Officer Chuck Schauss Orono Police Dept. P.O. Box 86 Crystal Bay, W 55323 Dear Officer Schauss; I am dictating this letter to you on behalf of David Ganan. He is a 19 year old male currently working with the city of Spring Park who has appliM for position of a reserve officer. Dave has a life-long motor disabiliy on Se left side of his body secondary to a cystic lesion in the left side ot his brain. He. himself, feels that this is of no limitation to his work. He states that he can do just about anything anyone else can do except he does have to adapt and do things differently. He is right-handed and has no probl^ with the right side of his body. His physical exam, except for changes TOted in the left upper and lower extremity, is completely norral. The upper ity Is notlcably atrophic. He also has had a chronic dislocation or nls left radial head which has recently undergone resection. \je has a chronic 20-30 degree flexion deformity as a result. Strength in the left proximal extremity is actually quite good. In the more distal extremity, especially hand and wrist flexors, he has socaewaht decreased hand grasp. Estimated disability left upper extranity is in the range of 10 to 15 percent and in the distal extremity in the range of AO to 50 percent. The lower extremty 5 to 10 percent in the distal left extremity. Othenriise, gait and ambulation is normal. States he has difficulty with running. My ispression is that Mr. Goman has a great desire for the position for ^ich he is applying and at this point I see no reason why he should not at least be considered for the position. I understand that there is sore traini^ that is forthcoming and as long as he can handle the training that is required he should be given every consideration. He does understand that should ne be acc«ted that there may core a time when he does find for one reason or another that he may not be suited and may have to reconsider at that time. If you have any questions please feel free to call. Sincerely, Thomas Stodcs, M.D. TS/rv I.D. Mound Medical Clinic 2200 Cemnwre. Boultvard Mound, MlnnotoU S0364 4724144 Maple Plain Medical Clinic 4960 Hiohway 12 Mtpl. Plain, Mlnnaaota S5359 479-1921 Crow River Medical Center 707 Elm Avanua Dtiano. Mlnn.aola 95328 972-3961 rr To: Froa: Date: Mark E. Bernhardson/ City Administrator John R. Gerhardson, Public Works Director May 3# 1991 Subject: Temporary Employment Parks At the April 22, 1991 Council meeting, Council authorized the employment of Mark McGlinsky as a temporary employee in the Park and Recreation Department. Mark decided to work elsewhere and will not be employed at the City of Orono. We have received an applicaton for a replacement . M9eoBBaiidati.oii to employ John Klevann Jr»» 6925 Co. Road, 26, Maple Plain as a temporary Parks maintenance helper at an hourly rate of $5.00 effective May 6, 1991. Proposed Notion Moved 2nd to employ John Klevann Jr., 6925 Co. Road 26, Maple Plain as a temporary Parks maintenance helper at an hourly rate of $5.00 effective May 6, 1991. Tot Mayor Peterson & Orono Council Members Mark E. Bernhardson, City Administrator Forwarded recommending confirming approval. 'f.' U' 5391.4 V TO: FROM: DATE: Mayor and City Council :sMark E. Bernhardson, City Administrator ^^tfs May 8, 1991 SDBJBCT: Public Works Director - Car Allowance ISSUE - Determination if Council would desire to grant a car allowance to the Public Works Director in lieu of providing a 24 hour city car. INTRODUCTION - Several months ago the City vehicle that was provided to John Gerhardson "gave up the ghost" and he began using his own private vehicle and was reimbursed on a mileage basis for that. Given the increased flexibility that it gives him it is proposed that he be given a car allowance in the amount of $235.00 per month. This has an annual cost to the City of $2,820.00 and covers his depreciation, mileage, insurance and repairs. This mileage allowance is not out of line with what the most recent mileage reimbursement that he has had. Additionally the City foregoes the cost of acquiring a new vehicle. ALTERNATIVES - 1. Authorize. 2. Amend and authorize. 3. Table for further discussion. 4. Indicate the mileage allowance will not be acceptable. PROPOSED MOTION - Moved by seconded by Council establish a mileage allowance for the Public Works Director at an amount of $235.00 per month in lieu of continuing to provide a 24 hour vehicle for his usage. The City Council further authorizes a budget amendment to accommodate the mileage allowance in lieu of the car. Ayes _, Nays _. cc: John R. Gerhardson, Public Works Director Tom Kuehn, Finance Director jATZ:'^av :. 1 1 TO:Mark Berhnariscr.. vor-u • • • •^ Aw ^ ^ ^ ^ ^ ^ O U OiV ^ »Ca:5romex* of^rvije Beginning the 1st of the year X of the survey forms to random contacts of the Orono Police Department and its service to the public. As of April 30. 1991. we have sent out 396 surveys. We have received 44 total responses which is quite normal as the normal expecped return is approximately lO"* of surveys sent out. Twenty~eight of the responses are good to excellent. Five ended up being an average rating. Six were totally negative and five of those, we believe, are the results of citations being issued. We had four that came back with no responses on them at all and six that came back with "unable to forward-no such address ’. We .share these responses with the officers and for the negative responses, try to improve our service. ix Qraetings- Sinc* you racsnOy had contact with our Police De- fwrtm^ wo am asWng lor yoU help We believe that we have people who are oommitled to providing ONOOIera piofeairiorwl and friendly service to all our oMzens. Youcanhelpusasoeflajnlhisbyooreplel- ing and leluniing tiis questionnaire. TeH us where we surpass your expectations and where we tall short Wa wi do ou best to correct any shortcom­ ings, and to give credit to our persormei who are doing outstanding work. After oornpislion, simpiy fold with the police address on Ihe outside, staple or tape dosed, and mail. Thank you for your help. Melvin KMbo, Chief of Police V YOU SEE A CmME IN progress ; DIAL 911 . PoNoe need your help in preventing crime and catching toe responsible. W YOU NEED NON^MERQENCY POUCE SERVICE. INAL 844-9611. Usualy a poioe officer wIN arrive at your door in a short time. Of course, you rrray slop in al toe pofioe station during busirtess hours. (M-F 84:30). IF YOU OESite TO ASK A SPECIFIC QUESTION. WANT A FOUOW-UP OR THE CASE DISPOSI­ TION, PLEASE FEEL FREE TO CALL THE CHIEF OR A SUPERVISOR AT 473-7710. NEIGHBORHOOD CRIME WATCH is a way to par- idpale wNh your neighbors and Ihe local police dspailmonl to keep a neighborhood safe and se­ cure from crime. Operation kfontMcalion is a program lor perma ­ nently rnaiMng easW stolon valuables with a rniiion- aly reco gniied kfenlificalion number system that tpacMea IndMdual property owners and provides siGiiore to be prominonlly rfisplayed to ten poteniiai btagfare toto toe program is in effect al this house- hold. Cal 473-2811 for toe Nortotonka Crime Pre- venMon Coallion. 1. Please clieck those that apply to you.I am f) male 1 I female My age is II under 18. I118-24. 1 125-30. I i 40 < I live in; M Long Lake I I Orono 1 I Minnetonka Beach 1 I Other . I Spring Park 2. How many contacts with Orono Police in the past year? I I one I I two 1 I three or more 3. What was the nature of your most recent contact?' I 11 called the Department to report an incident r 11 was the victim of a crime I 11 was a witness to a crime or incident (II was involved in a motor vehicle accident 111 requested information from the Department I II was arrested III was issued a citation I 11 was contacted about a problem or disturbance (II was involved in another way with the Department Please specify _ 4. How would you rate us on each of the following: a. Concern b Helpfulness c. Knowledge d Quality of Service e Solving the Problem I. Putting you at ease g. Protessioi lal Conduct_______ h. Listening i. Response Time 5. Please name any member of our Department who served you especially well : 6. Your comments: How can we improve? 7. Your, name and telephone, number (Optional) r t t t •ftr C-'. • • • ^SfSnh gUf Iff sH S CITiZEN MMENT> • Please evaluate the Qo*»unUte/t ta C^tceUence'! Attitude of our Staff K,' VyV- .ii. ORONO POLICE DEPARTMENT serving Long Lake • Spring Park Minnetonka Beacfi • Orono working with NORTHTONKA CRIME PREVENTION COALITION Greetings- Since you recenSy had contact with our Police De­ partment. we are asking for your help. We believe that we have people who are committed to providing excelent professional and friendty service to all our citizens.. You can help us ascertain this by complet ­ ing and returning this queslionnake. Tell us where we surpass your expectations and where we fall short We wil do our best to correct any shortcom ­ ings, and to give credH to our personnel who are doing outstariding work. Alter completion, simply fold with the police address on the outside, staple or tape closed, and mail. Thank you for your Melvin Kilbo, Chief ol Police IF YOU SEE A CRIME IN PROGRESS, DIAL 911. PoHce need your help in preventing crime and catching the responstolo. IF YOU NEED NON-EMERGENCY POUCE SERVICE, DIAL 544-9511. Usualy a polce officer wiH arrive at your door in a shod time. Of course, you may stop in at the polce station during business hours. (M-F S4:30). IF YOU DESIRE TO ASK A SPECIFIC QUESTION. WANT A FOLLOW-UP OR THE CASE DISPOSI­ TION, PLEASE FEEL FREE TO CMJL THE CHIEF OR A SUPERVISOR AT 473-7710. NEIGHBORHOOD CRIME WATCH is a way to par ­ ticipate with your neighbor s and the local police department to keep a neighborhood sate and se­ cure from crime. Operation tdentHicalion is a program for perma- nerkly marking easily stolen valuabies with a nalion- aly reco gnized Identification number system that specWea indMduai property owners and provides sidtars to be promtoenay dl^yed to tel potential burglara 9iat the program Is in effect at this house ­ hold. Cal 473-2811 tor the Northtonka Crime Pre­ vention CoaMioa £iii I am □ male pj female 'My age is □ under 10, □10-24, 0 25-30, (X40 + I live in: □ Long Lake □ Orono □ Minnetonka Beach □ Spring Park iXOther vhX.____________________________ 2. How many contacts with Orono Police in the past year? ^ono □ two □ three or more 3. What was the nature of your most recent contact? □ I called the Department to report an incident IJI was the victim ol a crime n I was a witness to a crime or incident ^ I was involved in a motor vehicle accident [ J I requested inlormation from the Department 1.11 was arrested IJ I was issued a citation □ I was contacted about a problem or disturbance UI was involved in another way with the Department Please specify___________________________________ 4. How would you rate us on each of the following: Excellent Good Av Fair Poor a. Concern __K •. b. Helpfulness X c. Knowledge • • ■, d. Quality ol Service X • e. Solving the Problem X • I. Putting you at ease X b * * * m g. Professional Conduct • h. Listening X i Response Time X nt who served you especially well: 6. Your comments: How can we improve? PyO i^^pccwpraeA^ - 7. can we improve? f\n rNPQ~\ -vQp ________ “ ur\(:\prR<terrJ r\q>—sj(\au \ de/Y^ PTNrqm •to ■4i\P • ••• • ,«••••* Greetings ~ Snee you recently had contact witti our Police De- panmenl,.we are asWng for your help. We believe tfiat ««e have people who are oommitled to providing exoolent professional and frienciy service to alt our dlizens. You can help us ascertain this by complet ­ ing and reluming Ihls.questionnaire. Ten us where wo surpass your expectations and where we fall short We wi do our best to correct any shortcom ­ ings, and to give credH to our personnel who are doing oulstaridtog work. After completion, simply told with the police address on the outside, staple or tape closed, and mail. Thank you for your help. Melvin Kilbo, Chief of Police r YOU SEE A CRIME IN PROGRESS, DIAL 911 . Polce need your help In prevenliiig crime and catching toe resportoUe. IF YOU NEED NON-EMERGENCY POUCE SERVICE. DIAL 544-9511. Usually a polce officer will arrive at your door in a short lime. Of oourse, you may stop in at toe polce station during business hours. (M-F 8-4:30). r YOU DESIRE TO ASK A SPECIFIC QUESTION. WANT A FOLLOW-UP OR THE CASE DISPOSI­ TION, PLEASE FEEL FREE TO CALL THE CHIEF OR A SUPERVISOR AT 473-77t0. NEIGHBORHOOD CRIME WATCH is a way to par­ ticipate with your neighbors and the local pohee depar tment to keep a neighborhood sale and se ­ cure from crime. Operation IdenIHicalion is a program for perma- nendy marking easily stolen valuabies with a nation- aly recognized ktonlHication number system that spacMes todMdual property owners and provides slickers to be promtoenlly displayed to teN polenti£ri burglars toal toe program is in effect at this house ­ hold. Cal 473-2811 lor the Nortolonka Crime Pre ­ vention Coahioa I am U male ^ femaleMy age is D under 18, □ 18-24. G 25-30, ^40^I live in: □ Long Lake □ Orono □ Minnetonka Beach Si.Spring Park !^^^(her _________________________________________\j 2. How many contacts with Orono Police in the past year? □ one Gtwo three or more 3. What was the nature of your most recent contact? □ I called the Department to report an incident ^1 was the victim of a crime □ I was a witness to a crime or incident □ I was involved in a motor vehicle accident □ I requested information from the Department □ I was arrested □ I was Issued a citation □ I was contacted about a problem or dislurbance □ I was involved in another way with the Department Please specify___________________________________________ _________:_______ 4. How would you rate us on each of the following: Excellent Good Av Fair Poor a. Concern X '.• b. Helpfulness 1 c. Knowledge V • d. Quality of Service ie. Solving the Problem X • 1. Putting you at ease .' g. Professional Conduct P h. Listening • .» • • i. Response Time JiL-----••a 5.i1,T-ur Department who served you especially well: K A Kc ^ Cipfi- ** Iv g 1 p <r»rowvy cui^ 7. Your ..........IT-Ii Optional) wvir < X ^-Ofe Greelings - Sine* you raoenliy had conlaci with our Police De- . parlm^ we are asking for your help. We believe lhal we have people who are oommined lo providing . exoeleni professionai and friendly service to all our dlizens. You can hel||) us ascertain this by complet ­ ing and reluming Ms questionnaire. TeM us where we surpass your expectations and where we fail short We wi do our best to coned any shortcom­ ings. and to give credit to our personnel who are doing outstarrding work. Alter completion, simply fold with the police address on the outside, staple or tape dosed, arxJ mail. Thank you for your help. Melvin Kilbo, CNef of Police IF YOU SEE A CRIME IN PROGRESS, DIAL 911. Poloe need your help in preventing crime and cakMng Ihe responsible. IF YOU NEED NON^ERQENCY POUCE ‘ SERVICE, DIAL S44-9511. Usualy a poloe officer wW arrive at your door in a short time. Of course, you may stop in at the poloe station during business hours. (M-F 84:30). IF YOU DESIRE TO ASK A SPECIFIC QUESTION, WANT A FOaOW-UP OR THE CASE DISPOSI­ TION. PLEASE FEEL FREE TO CALL THE CHIEF OR A SUPERVISOR AT 473-7710. NEIGHBORHOOD CRIME WATCH is a way to par­ ticipate with your neighbors and the local police department to keep a neighborhood sale and se ­ cure from crime. Operation Mendllcation is a program for perma- nentfy marking easly stolen valuables with a nalion- aly recognized klenlMcation number system that spitoffies IndMdual property owners and provides suckers to be promtoenlty efisplayed to tel potential burgtnre ttial 0w program is in elfed at this house ­ hold. Cal 473-2811 for the Northtonka Crime Pre- version CoaMioa IS 4I am ^male □ lemale My age is LJ under 18, □18-24, 1^25-30, G40 + I live in: □ LonoXake □ Orono □ Minnetonka Beach □ Spring Park ''brother __________________________________ 2. How many contacts with Orono Police in the past year? ’^.one □ two □ three or more 3. What was the nature of your most recent contact? [ JI called the Department to report an incident UI was Ihe victim of a crime [■ 11 was a witness to a crime or incident was involved in a motor vehicle accident 1.11 requested information from tire Department I II was arrested (JI was issued a citation □ I was contacted about a problem or disturbance (.11 was involved in another way with tfio Department Please specify______________________________________ 4. How would you rate us on each of the follow .ig: Excellent Good Av Fair Poor a. Concern • b. Helpfulness • c. Knowledge X • d. Quality of Service X e. Solving the Problem .K f. Putting you at ease Sc • ■ g g. Professional Conduc.X * « , h. Listening X i. Response Time -JS—• . 5- fieasenamganvmem of our Department who served you especially well: -------^------- . 6. Your comments: How can we improve? X 7. Your name and telephone number (Optional) I t t I i • "< i Greetings- Since you recently had contact with our Police Oe- porlmenl. we are asking for your help. We believe tfiat we have people who are committed to providing eNoelent professional and friendy service to an our dtizem. You can help us ascertain Ms by complet­ ing and returning this questionnaire. Tel us where we surpass your expectations and where we faU short We wM do our best to correct any shortcom­ ings. and to give credit to our personnel who are doing outslariding work. Alter oomplelion, simply fold with the police address on the outside, staple or tape closed, and mail. Thank you for your help. Melvin Kitoo, Chief of Police IF YOU SEE A CRtME IN PROGRESS. DIAL 911. Polce need your help In preventing crime and catching the respon^ble. IF YOU NEED NON^ERGENCY POUCE SERVICE. DIAL 544-9511. Usualy a poHoe ofRoer wW anive at your door in a short lime. Of course, you may stop in at Vie polce station during business hours. (M-F 8-4:30). r YOU DESIRE TO ASK A SPECIFIC QUESTION. WANT A FOLLOW-UP OR THE CASE DISPOSI­ TION, PLEASE FEEL FREE TO CALL THE CHIEF OR A SUPERVISOR AT 473-7710. NEIGHBORHOOD CRIME WATCH is a way to par- Vcipate wMh your neighbors and the local police department to keep a neighborhood sale and se­ cure horn crime. Operation IdeoUfication is a program for perma­ nently marking easVy stoien valuables with a nation- aly recognized idenlilication number system that ^^^ecilea indMdual property owners and provides '*eie to be promirienlly dtepiayed to teV potential tars that Vie program Is in effect at this house- Cai 473-2811 lor the Northtonka Crime Pre- verVion CoekVoa i am ^male □ female My age is □ under 18. □ 10-24, I live in; [ J Long Lake □ Orono (3 Other tOc4<!%-4oLOO , n 25-30. C(40 + □ Minnetonka Beach □ Spring Park 2. How many contacts with Orono Police in the past year? ^!^one □ two □ three or more 3. What was the nature of your most recent contact? □ I called the Departnient to report an incident □ I was the victim of a crime □ I was a witness to a crime or incident r 11 was involved in a motor vehicle accider L JI requested information from the Department n I was arrested >^l was issued a citation □ I was contacted about a problem or disturbance □ I was involved in another way with the Department Please specify ___________________________________ 4. How would you rate us on each of the following: Excellent Good Av Fair Poor a. Concern x;>* • • b. Helplulness X •J c. Knowledge X .■ d . Quality of Service X t • e. Solving the Problem X • f. Putting you at ease X g. Professional Conduct X •• • h. Listening y . i. Response Time y • .• 5. Please name any m artment who served you especially well: 6. Your comments: How can we Improve? 7. Your name M A _ A Greetings - Since you recently had contact with our Police De- * partment. we are asking kx your help. We believe 0ial we have people who are committ^ to providing excelent professional end friendly service to all our citizens. You can help us ascertain Ms by complet ­ ing and ret urning this questionnaire. Toil us where we surpass your expect ations and where we fall short We will do our best to correct any shoricom* ings, axi to give credM to our personnei who are doing outslaridbig work. After completion, simply fold with the police address on the outside, staple or tape closed, and mail. Thank you for your help. Melvin Kilbo, Chief of Police IF YOU SEE A CRIME IN PROGRESS, DIAL 911. Pdce need your help in preventing crime and catching the response. F YOU NEED NON^ERGENCY POUCE SERVICE. DIAL 544^11. Usualy a polce officer will anive at your door in‘a short lime Of course, you may stop in at the poHoe s' li v. ; during business hours. (M-F 64:30). F YOU DESIRE TO ASK \iPt:CIFIC QUESTION. WANT A FOaOW-UP OR THE CASE OISPOSI- TION,i PLEASE FEEL FREE TO CALL THE CHIEF OR A SUPERVISOR AT 473*7710. NEIGHBORHOOD CRIME WATCH is a way to par- fidpale with your neighbor s and the local police department to keep a neighborhood safe and se ­ cure from crinre. Operation Idenlificallon is a program for perma- nen6y marking eesfiy stolen valuables with a nation- adjf recognized iderititlcalion number system that 'ffMcWos IndMdual property wners arto provides tfickara to be prominenlly rfisplayed to ten potential buigtors iial the program is in etfed at this house ­ hold. Cal 473*2811 tor the Northtonka Crime Pre- vartlon Coallion. I. hiease uiiecK tiiose that apply to you. I am □ male p^male My age is □ under 18, □18-24. □ 25-30, + Mive in; □ Long Lake ^Cprono □ Minnetonka Beach □ Other __________________________________________ □ Spring Park 2. How many contacts with Orono Police in the past year? C) one □ two jXfhree or morc"^ 3. What was the nature of your most recen t contact? CJI called the Department to report an incident □ I was the victim of a crime □ I was a witness to a crime or incident □ I was involved in a motor vehicle accident . C) I requested information from the Department L‘l I was arrested , ^ vl2l was issued a citation 'tl I was contacted about a problem or disturoanwCl I was contacted about a problem or distu . n 08ch of ^ ^ yV*- 4/ How would you l^ate us on each of the following: Excellent Good Average Fair Poor a. Concern >c' b. Helpfulness * * c. Knowledge d. Quality of Service -X e. Solving the Problem f. Putting you at ease ■n/ g. Professional Conduct h. Listening i. Response Time 5.Please name any mem^ of our Department who served you especially well: ________________________________________________________________________________________________________________________ 6. Your comments: How can we improve? Mudj '7)U dji"d ....................................... 7. Y ____ Greetings - Since you recenOy had contact with our Police De­ partment. we are asking for your help. We believe that we have people who are committed to providing exoelent professional and friendly service to ait our cMizens. You can help us ascertain this by complet ­ ing and returning this questionnaire. Ten us where we. suq)es8 your expectations and where we (all short We wl do our best to correct any shortcom­ ings, and to give credH to our personnel who are doing outstandmg work. Alter completion, simply fold with the poSce address on the outside, staple or tape dosed, and mail. Thank you lor your help. Melvin Kilbo'. Chief o( Police IF YOU SEE A CRIME IN PROGRESS, DIAL91 1. Poltee need your help in preventing crime and catching the responsible. F YOU NEED NON-EMERGENCY POLICE SERVICE, DIAL 544-9511. Usually a poloe officer wil arrive at your door m a short time. Of course, you may stop in at the police station during business hours. (M-F 8-4:30). IF YOU DESIRE TO ASK A SPECIFIC QUESTION. WANT A FOLLOW-UP OR THE CASE DISPOSI­ TION, PLEASE FEEL FREE TO CALL THE CHIEF OR A SUPERVISOR AT 473-7710. NEIGHBORHOOD CRIME WATCH is a way to par- tidpato with your neighbors and the local police department to keep a neighborhood safe and se ­ cure from crime. . > Operation UenWication Is a program for perma- nertly marking e asily stolen valuables with a nation- aly. racognbed identific ation number system that spedRes IndMdual property owners and provides attehara to be prorninontly dbplayed to teN potential burglate fiat the program b In effed at this house ­ hold. Cal 473-2811 for the NorthtorAa Crime Pre ­ vention OoaMbn. I. Please check those that apply to you. I am □ male ffliemale My age is □ under '8, □18-24, 0 25-30, (3^0 + I live in: □ Long Lalo tfi^rono ( .) Minnetonka Beach □ Other __________________________________________ □ Spring Park 2. How many contacts with Orono Police in the past year? □ one □ two [Srhree or more 3. What was the nature of your most recent contact? □ I called the Department to report an Incident □ I was the viclim of a crime LJ I was a witness to a crime or incident U I was involved in a motor vehicle accident □ I requested information from the Department □ I was arrested □ I was issued a citation □ Lwas contacted about a problem or disturbance 101 was involved in another way with the Department Please soecifv Of irct I__Ca lCs Y?) I wao Ml wpy wuii lilt:; iiiluiu * ✓ _ ^ Please specify I Coifs___<r? >it Tr^yl 4. How would you rate us on each of the following: Excellent Good Av Fair Poor a. Concern X b. Helpfulness c. Knowledge d. Quality of Service X e Solving tho Problem f. Putting you at case g. Professional Conduct h. Listening i. Response Time 5. Please name any member of our Department who served you especially well: 6, Your comments: Hqw can we Improve? yYip 7, - JT hcrdC c/r..r(» ^ r -y ^ —/i' *1. ii ^ pfe iiU f- ij 4it j: ^ d IT \ _______ Greetings - , Since you recently had contact with our Police De- ’ partment, we are asking for your help. We believe that we have people who are committed to providing excellent professional and friendly service to all our citizens. You can heH> us ascertain this by complet ­ ing and returning this questionnaire. Tell us where we surpass your expiations and where we fall short We wil do our best to correct any shortcom- ing;% and to give credit to our personnel who are doing outstanding work. After comptelion, simply fold with the police address on the outside, staple or tape closed. ar»d mail. Thank you lor your help. Melvin KUbo, Chief of Police IF YOU SEE A CRIME IN PROGRESS. 01AL 911. Police need your help in preventing crime and catching the responsible. IF YOU NEED NON^MERGENCY POUCE SERVICE, DIAL 544-9511. Usually a poRce officer wiN arrive at your door in a short time. Of course, you may stop in at the police station durirtg business hours. (M-F 5-430). IF YOU DESIRE TO ASK A SPECIFIC QUESTION. WANT A FOaOW-UP OR THE CASE DISPOSI­ TION. PLEASE FEEL FREE TO CALL THE CHIEF OR A SUPERVISOR AT 473-7710. NEIGHBORHOOD CRIME WATCH is a way to par- tidpale with your neighbors and the local police department to keep a neighborhood safe and se ­ cure from crime. Operation kJenlification is a program for perma ­ nently marking easily stolen valuables with a nation- •Ry reoogniz^ idenlification number system that . specMes IndMdual property owners and provides stickers to be prominenliy displayed to tdl potential burglars that the program is in effect at this house ­ hold. Cal 473-2811 for the Northtonka Crime Pre- v6fivon ixMURion, I.Please check those that apply to you. I am □ male □ female My age is Cl under 18. 18-24. [125-30. U 40 * I live in: t iling Lake L 1 Orono I I Minnetonka Beach t.I Other _____________________ LJ Spring Park 2. How many contacts with Orono Police in the past year? (pl^ne U two Cl three or more 3. What was the nature of your most recent contact? □ I called the Department to report an incident was the victim of a crime LDI was a witness to a crime or incident L.1 1 was involved in a motor vehicle accident 1_1 1 requested information from the Department fj I was arrested 'Kt was issued a citation □ I was contacted about a problem or disturbance [ [1 1 was involved in another way with the Department Please specify___________________________________________ 4. How would you rate us on each of the following: Excellent Good Average Fair a^ Concern^ b. Helpfulness c. Knowledge Quality of Service Solving the Problem I. Putting you at ease 9; h. Professional Conduc! Listening i. Response Time rryVef^ bC X A. PViS avT a K 5. Pl^y^name^n^em^r^ ou^De ^^^nt 6. Your comments: How c^ w^n^ove?TOur como^ms: nuw %;&fi we improver ^ ________\ 7. Your 5391.1 Tos Froa: Date: Mayor Peterson & Orono Council Members Mark E. Bernhardson, City Administrator May 3, 1991 Subject: Administrator's Information Southwest Drug Task Force - As noted in Attachment Task Force is holding an informational meeting on May 22, nQ||K^ Chaska. Public Officials are invited to attend to get m<Jfe information. It should be noted as indicated, this will be included for consideration during the budget process for 1992. Minnetonka Beach/Sewer ft Water Service - In the approval of the subdivision along Old Beach Road, service for sewer and water was to be provided to 2 lots of the subdivision located in Minnetonka Beach# a third property that currently exists and is on sewer has also requested hookup. The attachments outline the conditions of this service and are in line and will be appended to our existing sewer and water agreements with Minnetonka Beach. Hours of Operation - Kennel - While the new hours for Reo-Raj were not includec^ on the license, any person who would be coming to obtain their dog, first must receive a release information form from the Police Department and/or City and this does list the hours of operation and location of Reo-Raj on it. Administrator * s Goal Setting - Status - See attachment. fI aV I I t' U’, -;.t.<r’.';'ir * r»r -.■e.r.’. Date: April 30. 1991 To:Mark Bernhardaor*. Civ/A k SA**« ^ 4 * ^ rm ^ ^ ^ ^ ^^4 ^ mmJ ^ ^ w4 W 'W * Barbara Peterson. Mayor our.cil Men;ber3 From: Melvin Kilbo. Chief of Police Re:Information meeting - Southwest Metro Drug Task Force An informational meeting will be held at tiie Cr.aska Community Center (Community Roomj in Chaska. on May 22. 1991 at 7 pm. They will advise elected officials :>f the ?urp:se and need for the task force. CITY OFCBAXBASSER 690 COULTER DRIVE • PO. BOX 147 • C wANMASSEN MINNESOTA 553' ;e*2i 337^000 • FAv .6^2' 93’' 5’39 MEMORANDIM TO:Southwest Metro Drug Task Tor'i* FROM: Seolt Herr. Publn. Safcl;- D; r^-. DATE: May 3. 1991 SirR.l: M«*=*t«ns for City t.lm i n it i v - r • >.<*■ t.;. This mceio is lo H«lvi«e you that thr «U t o of the m. o i i i.i; ie»;ariljim the future of the Southwest Metro Cn 4g Tusk Forco hau hcon sot f or : uF.n'.rsD^'t . Mt'iM t V H .M ('H \SKa ' OMMI.'. . • LN I I K IN TllL COMM ‘ I’Y Ihe Affenda will include lookinir ro(^.*r«l ih- « on I i nua t i on of the Task Force, and in -Jditio.. i.. having >«<• Hu.C^ion HVNi Uble. Carver County s«i«lai.t Miorn.j Pcier Ivv -ill .l.vn.vv the impact that he has observed made by the Soutliwest Task Force, and Kate Spcitz fron the State of Minncsola Olfue of DruK Policy will be there lo discuss financial concerns. IN i ICHT OF THE BUDGET CONCERNS TH.\ 1 LXIST THROCGHOt.T THK STATE, IT IK IMPERATIVE THAT F.ACH CIT^ Ha'E ITS DECIS ION MAKERS PRESENT. PI.RASE CONTACT CAROL DUNSMORE AT CHtN'HASSEN Pl.BLK SAFETY (937-1900 EXT. 3) NO LATER THAN MA^ 15 TO I.KT HER K.NOK WliO FROM YOUR CITY WIU. BE ATTENDING. (THIS (Oll.D INtl.inE POl. 1 TI C1 AN S . CITY ADMINISTRATIVE PERSONNFI.. ADV1SOR1 BOARD ?4EMBERS, ETC.). We look forwerd lo recinij you and r o|>i .*i» t u » i v hf. from your «-oin- miinity al this important meelni*-; r, U V: : e 1^ ; . .'i' 'i- r i','- ''» 'Aki- . U. >ip« — 'W I .VI: .'j :j i T 0 :j :< a V! 1 ,N .N 3 H A C :-i . tm I • I t - i *vl » '^i NJ £ i ✓»-- *• ' *. Apn 26. 19''!>' TO: City of Orono Mr. John Gerhardson FROM: City of Minnetonka Beach Mr. Lowell Day RE: Water/Service to Minnetonka Beach Residents on Old Beach Road City of Minnetonka Beach permits the City of Orono to supply sewer and water service and charge the residents on Old Beach Road. All monthly billings will be handled by the City of Orono and billed to the residents on Old Beach P^ad for these services. Minnetonka Beach will inspect said properties and bill for SAC and connection charges to builders. Thank you for your cooperation. Sincerely, ~Z''' C^'-' ^ ^ Lowell Day City of Minnetonka Beach City Superintendent of Public Works LD/ngs cc: Mayor Abdo I.1-4 t* "»• QRaWCt pnsi Office Box On the Sorth Shore of Lai r/' ^ ,2. Arr: 1 , 19- : Lowell (Duffy) Day, Superintendent of Publ«_ Village of Minnetonka Beach Minnetonka Beach, MN 55361 Dear Duffy: I am in receipt of your letter of April 26, 1991 regardina----"---------------u «— 'sewer andserving and billing residences in Minnetonka Beach for sewer water services and in particular existing and future residences on Old Beach Road only. This letter also confirms our conversation that the City of Orono will serve and bill for water usage for the existing lesidence at 2315 Old Beach Road. The City of Orono currently aejr/ea and bills that address for sanitary sewer service. As each new dwelling connects to sanitary sewer and water lines and main, it is necessary that we receive written authorization to bill the resident for those services. If there are any questions please call me at 473—7357. Sincerely, r •V John R. Gerhardson, Public Works Director JRG/tln ■uiUMNcazoMNC. <m-ur AOMIMSnunON a - 473.-OSI FAX-41Mn« PUBLIC WOSXS - 473.73m rr^' r-; ■A, I 'L. i •i' 1- :K:" :;!■ *rf an) •if an) - *i» aiD - *90 aiD- - 1M7 cnu. serrnc cm GP QRCND Draft ima B. BgacMPSON cm MBOMiailASGR 1 yKf 1990 * 30 APRIL 1991 AREA OGAL ARSA OBJECTIVE TATES STATES 05/30/90 06/29/90 07/31/90 09/07/90 09/2S/90 10/30/90 11/30/90 12/31/90 01/31/91 02/28/91 04/12/91 04/30/91 1. ccttmin 0EVEL0??iNr A« High%iay 12 1. Utilities Sewr - Pairt I Install Se%ier - Part II Mater System rtain Install Install M&ll (6 months) Main viell 09/01/B9 Conpleted 1/30/90 except Lor testing/grading 7/9/90 Engaged seperate contractor to conplete Assessed Part I 9/24/90 07/01/90 1/22/90 Feasibility to Orono Plant Ordered - 4/1/90 - Feasibility study received 09 ’/'89 Project Ordered 7/24/89 OomBenced Construction 10/27/89 & U/13/89 Conpleted 12/15/89 (See Sewer ?t I) Assessed Part I 9/24/90 04/01/90 12/30/90 Assessnent? Ttjwer (9-12 months) Plans Specs - Order Award Negotiation cn Utilities (Long Lake - Medina) 07/01/90 Cleaning and Test Piaqping 8/10/90 Bldg/PuiaP BWs Cloee 7/13/90 Revised Contract 9/10/90 Additional work on well ooopleted 10/90 ?iB!^ house oanstructlGn/1/91 exterior OGB^letion. All but pixqp controls installed. Anticipated ocx^letian. 2/12 Authorized Plans/Specs Awaiting location decision Qomnenced water discussion 10/25/89 with Medina - Medina to meet with affected residents 1/90 to discuss (Potential new subdivision in ^ledina may have an iiqpact on project.) t S'’-. iiy .1 I MCA 1. 03 w w ii\ I QOAL MCA in DEVELOMIir Oontinued OBJECmT DATES *88 STO •09 STD •90 ffID 2. Long T^m ODcridor Upgrade Feasibility Study ?MC3T initiaticn or 09/01/09 07/07/09 Undertake corridor selection study with MnDOT consultant & surrounding cities 02/90 Take appropriate planning steps if needed in potential corridors 12/90 Consider Transportation Consultant 7/90 m:' STATUS 6/3O/09-Ah«itifig Aesponae from ^fDot Central Office on Ocnsultant Delayed isitil at least 11/30/89 Governor's Transporation Safety Mtg 10/26/89 11/15/89 OosniissiGner Xisvine announces consultant/^tiDOT corridor selection study Howard Needles selected as oonsultant r*ay h 3m meetings delayed to July July mtgs ocsisultant layout initial work plat* Qcnpletion of study targeted for 7/91. Orono objectives siteitted 9/20/90 Workshop held 12/1/90 Second workshop 1/23/91 Directed Planning Oanm review reconnendation of issues to date. 1/25/91 Planning Ooraaission develops reoaenendation/3 mtg 2/27/91. 3/20/91 Planning GDoinission adopts reoonmendatiGn 3/25/91 C3ouncil adopts Planning Qommission reoomnendatiGn 4/91 - Kayzatd adopts reconmendation for current corridor. 5/14/90 Discussed engagement of possible consultant to study. 6/25/90 Authorized request for service 9/10/90 Directed use of Dahlgren Shardlow k Uban S'-¥ I -I'--'- I; Ii-: Mr fB :>• Vvv rb -•j; AICA GCAL AREA csjectt ;i:GATES 1. OOMWnv OEVBU»*‘ENT Continued •90 sro 3. 1992 Safety laprovement Preliminary plan approval •88 STO •89 STO B. Navarre Redevelopment •90 STO ft.-:- t-r. v Encourage stoplight Wlllow/12 07/90 ;vdbpt if appropriate Work with MiDOT on right-^f-way/frentage roads 12/90 Determine project scope/ direction 08/01/89 Determine beautification plan inpleiifeentatian if nay Oonplete ftaster Planning» if appropriate 12/90 07/91 Determine need for Tax Increment District Determine interest in Christmas lighting 09/90 3TATT.*S 7/01/90 5/15/90 Anticipate signal warrant analysis to be completed by 5/20. Council authorized 6/25 in Pesolution. Indication is that it will meet warrants by 1992 date. 6/25/90 Adopt approval resolution for safety InproveawTt contingent on their installation Anticipate bid award 199Z Actual construction 1993 in order to install lights in oonjisiction with project. Staff mtg with ‘TiDCrr re: Plan 2/91 4/91 pj&ceived oopy of oosts. Long Lake attempting to negotiate trafJe for temporary routing. 3/12/90 Tabled for additional information 4/7/90 Discussed possible inclusion in a long term Conp Plan 8/27/90 ?i*esent information relative to issw V.: 'T-. !:■ > ' i AREA GCAL APEA C9JE<77TVE DATES STATE’S1. aomJNITY DEVEU3Pr®rr continued C. CdRBiunity Transportaticn Pldii Update capital project guidelines C7/90 2/27/91 Crono/^tsayzata/Tlynouth discussion of :Jorth rerndale. Bridge bending program 07/90 Old Crystal Bay Road bridge submitted for staff revlBii 10/90. Submitted to State 10/90 •90 9TO Rublic/?rivate street - review 09/90 policy 10/22/90 Council authorizes City takeover of Lafayette Ridge. 1/28/91 Council converts Wear Ln to public street. *90 STD D* County Road 116 Preliminary plan review ^janitor action by County as to its proposed constiucticn 12/4/90 ’’Medina approved final plans/grants its existing easements. 1/3/91 rtedina Council resinds action. 1/27/91 COisity deletes 116 from plan. •07 STO •88 STO •89 STO E. Storm Water ftanagement Plan Ascertain available mapping Develop RTP for study if appropriate Included in Review cf Storm liater Mgt Options Tb Council for 2/11/1 mtg. Table to 3/11/91 mtg. ASEA rXAL APEA C9JZCTT.T STX7SS 1. OCttlOTTY JEVELCJPriDn' Continued •90 310 G. OxTinunity !>evelopment Direction and Progress A.) Lake Vse - L‘CD oon^reher.si ve pljn - Develop City specitic objectives B. ) Work to^^ards service and results oriented "'to Surprises" process C. ) Conp Plan Response to *'.etro Council - Sewer - Transportation D.) ONR Shoreland Regulation 08/90 10/90 07/91 6/23 and 7/12 discussed City ooninents of pi±3lic review draft with L'CT’s Advisory Ccnmittee 8/24/90 Received revised draft. To disosss 9/10/90. 9/26/90 UVD Board to vote on plan 9/26/90 UVD ^KJoots a portion tables balance to 10/24/90 10/24/90 UCD adopts plan with amndments 12/10/90 Council adopts same resolution as 7 other cities, 1/15/91 Metro Council staff reconweids 6 mo, suspensicYi. L/22/91 yetro Coiiuril System Committee gives "Contingent Approval*. 1/23/91 I2CD grants 3 no. .old. 2/22/91 Groqp of 8 mtg sets mtg for 3/6/91 3/6/91 I2fD/Cities - Conceptual agreement 4/5 issaes to set staff drafting meeting, 4/22/91 Orono adopts/Preliminary Philosophical Decisions 4/24/91 Moisd meeting held ^text UtD Cities meeting 5/29/91 1/90 r^tro Comcil grants extension 2/15 & 23/90 staff reviews Issues 9/24/90 Minimal changes to Planning GoMissioi 11/26/90 Ociiprehensive Plan 43 directed for submission. Tb be on Council agenda 5/13/91 12/90 Developed work plan/started Initial steps, 1/91 Staff develope initial Draft to include update of floadplain regs, 2/11/91 Council approves shoreland grant resoluticzi Awaiting revised joint DNR grant for UVD coemunities. p % fiii. i: i|t MCA GCAL AKEA 2. nJVUmETOtt, ?K7IECriCN *90 A. Stii)b8 3av •89 sro B. Solid Waste ?*.anageaient CfiJSCTT.T w/1 Determine ossessnient area interest 07/90 &igage an appraiser 08/90 Oonsider developwent TOratoriLur 10/90 If Appropriate - PrepK. Plans & Specifications 10/90 - Project bid 12/90 • Assess project • Hold Hearing if appropriate 01/91• Order project 02/91 - Bond for project 03/91 - Oowmenoe project 04/91 - Corplete project 10/91 Review recycling efforts 06/90 Determine if further solid Mste regulation appropriate Review organized oollecticn if needed Review program performance Rebid oontract for curbside 12/90 09/90 10/90 10/90 Review incentives to improve participaticj^02/91 STATE'S 7/31/90 letters sent to area owners 9/24/90 Response limited. Tb use interested neighbors to assist. 1/22/91 Additional information transnitted to Ad Hoc group. 3/25/91 - 4/0/91 cne resident request "grace period.” 4/22/91 Council directs Citizen Cdomittee to develop charge for 5/13 4/30/91 Staff provides info to Cdninittee. Conniittee charge to 5/13 3/26/90 Goiqpost plan adopted 8/90 proposed chipper in 1991 budget 4/91 Received chipper as alternative to burning brush. 5/1/91 City receives award for participaticn from County 10/90 Staff determines not needed for 1991. 10/90 Contract reviewed In prc^ss thru Hast Hennepin Recycling 12/IA/90 Received bids for 1991. 1/14/91 Contract awarded to Polkft Dot. 2/91 1990 performance 28% /90 goU - 10% _ X 9oal - 16% ^^o incentives needed for 1991 ^1' u t-. "-Sv . ^ "'. *' . • %■' '* ’’ t' U‘' ‘-• I . AF»GOAL ?XA GBJECITV’E 2. ENVn«K®JTAL PROiBCriON Continued C. Metro '^te Replacetnent Project Conpletion Lift Staticn lOA-ift Station 43 Replacement Con^letion 3, ORGANIZJtriOmL DEVQiGPI^lir •90 STO A. 1991 Council Goal Setting Caatnence Gonplete B. 1991 Budget Process Assessment Board of Review Preliminary Budget guidelines Capital projects guidelines review Preliminary mill levy adoption (Truth in Taxation) Hearing Final levy adoption •90 STO C. 1991 Legislative Plan 0. Team Building staff Ocxxicll :>AT2S STATE’S !?'0!'89 *>lared tc at least 12'^31''09 Expect 1/31/90 oompleticn ♦ • 07/90 Bid awarded 6/10 for work oonpleticr - Comnenced work 7/10 after Bond ootpany release. Completed 10/1/90 07/90 09/90 6/25/90 - Suggestion to CcHSicil for *91 11/9/90 Council directs tabling to 1991. 12,^1/90 Transmitted Strategic Issue Development 1/91 Discussing with Council 2/25/91 Draft of plan presented tabled to 3/11/91 3/11/91 Tabled to 3/25 3/25/91 No action 4/22/91 Adopted 05/90 07/90 08/90 Conpleted 5/3/90 Presented Initial Guidelines 7/31/90 Initial revised plan 1990-2000 09/01/90 Adopted initial levy 8/27/90 12/90 12/3/90 Held hearing/oontinued hearing to 12/10/90 12/18/90 Adopted Budget/Levy Resolution 12/20/90 12/18/90 Adopted 09/11/90 2/25/91 Adopted 12/90 w J -f ■'K 4 h r>-. i . P^: h. [f. . APCA GCAL AICA 4. SEIVICE DELIVERY •90 STO A. Facilities upgrade •87 STO •88 SIO •90 STD Long Range Financial Policy C. Business Strategy Plans csTEcrrr.T DATES Corrplete Citizen Review Conmittee 07/90 If Undertaken Site acquisition, if any Select architect Design Final plans/oosts Plans/specifications Financing Bid awards Develop balance of policy 09/90 Police - Update Golf Course -09/01/90 FTA’TJS 6/29/99 Bus tour of facilities *'eeting set for 11/9/39 11/3/89 ?!tg directed development of tiine guidelines to Council 11/27/89 oroject estimates/financing to Codicil 12/U/89 1/28/91 Discussed Issues/tJpcoming workshop tabled to 2/11 2/25/91 Set facility workshop for 3/27/91 3/27/91 Council requests site reoopmendatian from Facility Oowiittee and Planning Conmission 4/29/91 Facility Oomaittee recowBendaticn - Highway 12 site. 8/22/90 Council/Tacilities Conniittee mtg. 9/24/90 Established 10/22 for site discussion 10/22/90 Site discussion. Cdincil directs workshop cn all informticn be held. 9/90 Five year fiiuncial projection caipXeted in ccnjuncticn with facility review for 10/22/90. F E AREA GOAL AREA4. SERVICE DELIVERY Continued D. Service Reviews *90 SID 90 SIO CBJECTT.T i^gineerin^ services ooRiplete Legal services complete STArJS 08, 90 09/90 5. KHAN RSOIRtZS •90 STO A, OcR^ensatioi Inplement Onployee Recognition 01 '90 romulate City enpLoyee 06/90 developnent Explore performance incentive 07/90 program Qcplore "Cafeteria Benefits"/ 07/90 IKS Sectlcn 125 Plan LYdertake LOCO contest first/close 4/6/90 11/90 Oomittee selects winning design. 1/8/90 Presented ocnoeptual discussion to Council 8/27/90 Presented informatian to Council. Tabled to 9/10 9/10/90 Award to Safe Benefits to develop for 1/1/91 11/13/90 Adopted plan 11/29/90 Qiployee introductory meetinge held !;■ - # % *i • t 4. * ■rf « f it k 1 %LIST 0? LlCS^iSSS FCH COUNCIL APPRO FOR MEETING OP May 13, 1991^ - % % One Day Set-Up Perr?.it - Minnetonka Center for the Arts 2240 North Shore Drive May 23, 1991 - 6-8 p.m. Gallery Dedication & Art Exhibit Garbage & Refuse Collector's License; Blackowiak & Son 1195 Sunnyfield Rd N Mound East Tonka Sanitation P.O. Box 242 Long Lake Woodlake Sanitary Service, 4000 Hamel Road Hamel Inc. Residential Kennel License: Robert Rossinq 130 Cygnet Place Long Lake, MN 55356 • 1^- r; r-„ Interoffice Memo Date: April 24, 1991 To:Mark Bemhardson. City Administrator From: Mel Kilbo, Chief of Police Be:Minnetonka Art Center One Day Set-Op Permit I have reviewed the application of the Minnetonka Art Center for a one day set-up permit. Based on the application and their past history, I would recommend approval of the permit. - ■*-— 1 riiUNE 612- 29G 6159 MINNESOTA DEPARTMENT OE PUBLIC SAFETY LIQUOR CONTROL DIVISION 333 SIBLEY • SI. PAUL. MN 55101 t3et>icA ~nohi V F.VRNT: eCHiOn DATE: 2 3, <‘5*5 1 TIME: (o - Sr APPLICATION FOR roNSUMPIION AND DISPLAY (SET UP) PERMIT ONE DAY PERMIT FEE $25.00 ir rJAMP AND ADDRESS SHOWN AOE NOr CORRECT. MAKE CHANGES IN SrAceS BELOW NOTE: ALL ON>SALE’ INTOXICATING LIQUOR LICENSEE’S ARE EXEMPT FROM APPLYING. Afipllc«n|t Nain« (Butlntit, rttinefthit), Cotiioratinni Miumetdui ^ CciJTee. ftc, -tme Aets IHttlnm SItttcl Addreit ov Oom Numbet Ajoein *Sfbize. J>Z4vb 1 N3itii» n't tiOA City IoBMEA'FR PrHBHTTVPT Club (9 Public Builnvtt l^ania et Bucinett et Club Mana^" 1 vpe ol lllfilSuMiMl. Dance Hall, ale.) Couni V Builnttit*hon« 1 ffrjL»ocp/LJ 473‘7Sd>/ 1 SfRtB 2fp CPd« 1 AA-JD 55^9/ 1 CAmMOMiTy Aers C-feUTCT^ AMW » ^^©SpOTIUB l>IC.tC_rTcrr»^ M«tn« of SuMdIfif Owntt AMuue-toiLMti^ Ccu-iet, f&e. -rim acts OlStW^lusiNCSS^sVABUS^ I WoM AKiv LDno il AI*l»UCAtlON ■" ' aniniNAi.lS9 pcncwal O lUANsrctill] Addf<*«t ot 2-2-^Q AJDRTH tJCloe:. H<D. Addfcii of Own^r >joig.TW “Sftoge tae^oe, md . 5SS9I ~TP eue, kjjevuutb6)eO Uve* kino IF tHANSFEM. FORMER LICENStES NAME AND tIUSINEsTt SAtiS TlAMf FOR A PUBLIC BUSINESS ■ ee • F p* l*»T7 a*'U ^WtlTcij O* cac»» r arinpi ; 1 Buflntfl l*4r|fiet/Ottlctr 1 bACAACR RACBOItlLffeV , pe€&lp©1ijr M a cofpotanon, biate me naoif and AUdrttt of bach ufllctt. | AcldrPti 1 F&AMCe Aue So. eoiuAi MAJ. SS4IO 1 1 BttiilWn Petlnet/oliicet 1 sMtnejfcy A ou t>Rirou, uite p£€S 10007 Addfpfs 1 -Tip.C»JCH OeCElt-OE4UE, jjj/kVZ/'TA 1 Buiifitlllt4tlti«r/OMlcar 1 ttVAewES BobeaOBTiViS, le-cG-, AddiMf 1 Z(x>Gi TO. is^Ab. ey^etsfoe. 55331 1 Cal^mSTOtuaSSItST ^lutnbeF^FMenibai % FOR A PRIVATE CLUB An»oun| Fif Uuei MtmbertMo Rof|Ult»mtn|f 1 LtUflh of tlnsR i!Kib 1 0S% Local Ion I It Club f)llMr|lf*1 Owned rif n#nled* bnr% C*UU M»infA|»> LotVBrf I r 0* MerntTtfl lo Store Liquor P i—i 1LJYti LJNo I 1 viyb Ofllcar/Olfector Nani* |AcidiMI 1 1 Club Onicar/Ohectoi Name /XrfrfiPtt 1 1 Club Ottlctf/Ohectot Na*nt 4 A.dtJieit 1 Mas applicant; if partnership, any partner; if coiporation. any ollicer or director; if club, any club officer or director, ever had a license under the Minnesota Liquor Control Act revoked or suspended or been convicted for any violation of Stata Lavn or local ordinances; If so, give dale and details vjqt to cue, k ^ajouj t-gTsfeC . Iwtcbp CtflHv llul III# •ntWVII »i* Hue ol *»«V fcn»iwl»>-|c|e .io«l Iimjrrtla'xl lli.ll ill* qluinapl lalaa InlofAtlion oi |h| IlMuft lo P#r|lne«R Inlormbllon conHllHMtcauie loiirtvoeailonol Ihltpetmii ANY PERMII ISSUEU HEREUNUER DOE5NOT ALtOw/llE SALE OF INTOXICATING LIQUOn. NO CONSIDERATION WILL BE GIVEN 70 THIS APPLICATION UNLESS APPROVED AS PROVIDED BELOW; IF THE BUSINESS IS LOCATED IN A COUNTY ( AciOtoutil — CMaltpRtton Coonlv Ooard o» flpprPtarsfsllvt OalR IF IHE BUSINESS IS LOCATED IN A MUNlCiPALIIv /-f/ j LL CL. 'T>irjf^atur n U Aulhrvifert Appltc«ni Dttt IF A CLUB ATTACH A COPY QF THE CONSTITUTION AND BYLAWS OF THE CLUB AND A CURRENT LIST OF MEMBERS DOROTHY M tLiJlS CITY O? ORONO p.O. Box 66 Crystal Bav, Mil 5 532 3 473-7357 GARB k 'license Year Laze Received Fee Paid 2 / Initials REPOSS COLLECTOR'S LICENSE APPLICATION ?he undersigned wishes to operate the indicated business in the City o£ Orono and ncrewith makes application for a license to do so. Basln«ss/FirB B^acfeocu^ar i Sai. Address JT95 SayimrAZeAd '•id (Street) Business Phone Honber 472~339S_ IkLiill (City; ^ f • (State) (2ip Code) Applicant’s Name _ _ _ _ _ _ Address H55 ^ (Street) 'Phone Hunber 472-2977 (State) (31? Code) Check One:Individual Partnership Humber of Vehicles to be used in Orono Description of Vehicles (attached list it more): Loaded Loaded Cor pora t ion:,*:^> .•'•’•til I' ’ iw. -^,'vyv *- » V . ,• • rv Year Mfqr. Gross Wt. Rear Axle wt. 19S1 /AfAri 56.000 .,J.0CC IQ^Z MACK 99 (Sack " ..99 General area of City served APP />: Oxcno z: • « VSize/Yards License-Niwber-' *i*'- yx ;:*73925 ydi yu ^4476 yu ; 72 7(7 sch«iule of Collection charges/ dates ^ Approximate number of customers in Orono 2500 ^ppxoxunaXiziu -------------------- Location of dumping area In - POR TOM be COHPLETB, YOD MOST ENCLOSE THE POLLOWHG: _ . . ^ .-.rtiirn- rtf SI 000. Proof of insurance in the amount of AnAAJ. W. 1991 Ap^ieant Date '•7' fOR.CXTT USB ONLY SigiM^ur^ o^ c^Tty urricia* After review of application, staff recommends: Deni-£il (specify) >C\^ 3 '/ / Date CITY 0? ORONO P.O. Box 66 3z’/1 MU 5 s 2 —- 473-T357 I n1 g JS rr'?License Year Case A0sas'/ec Fee Paid . t Initials garbage & REPOSE COLLECTOR'S LICENSE APPLICATION APR 2 2 The undersigned wishes -c operate the indicated business in the City of Orono and herewith makes application for a license toJo so. ^ ^ -/ /j , ^ / •. ... __ _ _ _ _ _ Business/^iriB (Street) / /^ Business Phone Nnnber /, ' • (City) ^ ^(States (2ip Code) I /n r/ 4^. •. (Stree-c) Phone Humber C/ S- - ^ vs ^ ^' —--—^ v«-icy)/{State: (-ip Cocej Check One:Individual Partnership Number of Vehicles to be used in Orono - -J,- - - - - Corporation Description of Vehicles (attached list if more): Loaded Loaded Year /£2f Mfqr.Gross wc, Vc// / Hear hx-lc .y c . /-/ 0 y ■ # Size/Yards License rrur^oer: l/i ) J.Uo‘jtL ■/^1 --D ■; t General area of City served Schedule of Collection charges/ dates Approximate number of custcmers in Orono .. ^ •v*e ^ j > •» i I’t • "•*!•-L V*«- . j. i-T Location of dumping area n ORDER FOR THIS APPLICATIOH BE COMPLETE r ^00 MOST BNCi^SB THE FOtMWIHG: . , .««««<- of SI 000- Proof of insurance in the amount of y- //- f / review^of^appUCion, 3ta«^r.co^.nd.: Signature of City Official Date CITY OF ORONO P.O. Box 66 Crystal Bay, MN 55323 473-7357 License Year _ Date Received -V- Q-s~- V/ Fee Paid “7'T.c'U Initials GARBAGE & REFUSE COLLECTOR'S LICENSE APPLICATION The undersigned wishes to operate the indicated business in the City of Orono and herewith makes application for a license to do so. Basiness/Pi^rB JaJ ux ^ ^ Address -f (Stre Business Phone Huad>er '>f: . / 4, irC i„.y( V-;9- j JL i~f—I (State)(Zip Code) Applicant *& Name jft^ -ix Address /- ^_ _ _ _w (Street) Phone Number ^ ^ 7^77 c. f '(State) (Zip Codfe),W ;-'c?^rr » 4.*» I itv f 4 ) 1 * - h't h\^ 1 V* i X f Check One; _ _ _ _ Individual _ _ _ Number of Vehicles to be used in Orono Partnership X Description of ’ chicles (attached list if more); Loaded Loaded Gross Wt. Rear Axle Wt. 4’W WV» .* f *ru T - V* CoipHprat^on 75. j; *r*.rrr7. Tw ,ni MU.V i. . f t »VV r. r-*- r>M •ti V V k ; »*v.i > » r V •.* .. w* Year Hfor. /ffV <?<r /w A'/.'■P-C Size/Yards License Number Uu /S-S9-7Y<- --idi >^CC i'<r Ottn«ral area of ‘City served /P ,i J _ Schedule oC Collection charges/ date3*'^jSeeu- 4«. ^ _ _ _ t-c ^ - /‘7Tg Approxima(:e number of customers in Orono i/ '3 __ _ _ Location of dumping area _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ J-1 --- - - - --<■-- - -/_2.- - - -^- - - - - - - -Y-- - - -- ni ORDBR FOR THIS APPLICATION TO BE COMPLETE» TOO MOST ENCLOSE THE FOLLOffING: Surety bond in the amount of $1,000. Proof of insurance in the amount of $100r000-$300r000-$50,000r and 10-day cancellation clause. Annual fee is a $30e00 flat rate fee, plus $15/truck, and a $30.00 transfer fee (if applicable). I am the'ttmmer and operator of the above business, and I have paid all license fees taxes requij^i^d by law. The above information is correct. y, ^ ■/- 9 /_ _ _ _ date ^ u. C > >wC ^llcant [L_-4 f ^z TT^USB ONLY: After review of application, staff recommends: ppro'Denial Signatii^rm or'City Official .^A 4 m 1 _ Other (specify) S^- '3 r-f/ Day. M F'KENNEL LICENSE APPLICATIONEffective January 19 -?/_ to December 31, 19_21i A?" kc 'V'^'Owner:_ _ _ _ _ _ _ Property Address: ' ^ ^ ^ ^ AJl -T^—^£jl (Include city and zip) O^y'6* / Mailing Address (if different) Phone: (home)(work) ISSIDBMTIAL Kennel License Information: $25.00 (payswnt must accompany application) cAIfny<11111111 No. of dogs to be kept at one timei^_j__ (over 3 months of age) Principal Breed: t TV_________ Pi^rpose for more than 2 dogs : /i^o J(o — Dogs normally kept: / inside >3 kennel structure . i,\ • \ w*v rmr. Kennel License Information: $150.00 (payment must accompany application) •- -U rai VlfV . i ‘--jt .. _• » r'* « mm . .n m. m' $ " ■ '{• . w • f V ■iu W‘ ■ V V Name of Business: • »rr f \ fwv ! '*V J. • i U • Business Activities:^---------- -------------------, ■ *-------(example: boarding, breeding, veterinary care, retail, etc.) Normal Business Hours: After Hours Contact: (name)_ (phone) Dog runs/exercise areas are:inside outside both reqairements of Municipal Coda Chapter 5.36 including any »P«cial maS^loas imposed by the City Council as part of any kennel lieenee approval AppUca^Date Date (n’ I. Approval Denial s/31/91 n MRCOCM tnp • NAHC DPT vTD GROSS CURRENT GROSS iffl ii-s - IMOS139 PETERSON. BARBARA II 11 11 II 11 725 1208 1208 1208 1500 01 35 35 35 00 241 241 241 241 300 57 67 67 57 00 1.266 68 X,Ojt,4(5 :4/:8/91 OR 3 3RREGCR EMP • NAME 47C204924 471688060 5CS662439 474563339 471840871 475443862 472503991 471729231 469526026 468821018 472529007 463701868 507585424 469688S62 468420832 474667812 475380151 477500666 475444249 47IS69863 473141624 477647279 475246099 504260307 472500574 121262417 47204S960 476018974 470667594 470667594 334506281 474822333 477028779 473X08428 46890953S 476783251 470700901 469848107 475382983 473746173 476447153 469629194 475569177 101268716 472563051 474U63296 470704904 HALLIN HANSEN HANSZNG JOHNSON JOSTROM KARNITZ A6RAHAM50N FREDERI ANDERSON 3RUCE L BERNMARCSON MARK E B08ZIEN SUE A BOSMA JAMIE L BRINKHAUS JOHN f CHESWrC.H 3ARY 3 christianscn sally CORNICK JAMES L ENGLISH III IRVING ERICKSON KURT R FISCHENIwH CAN T FRITZLER JOHN M GAFFRON MICHAEL P GERHAROSON JOHN R GREGORY JAMES D DOROTH' M STEVEN C CAROL J BRADLE'* P FOREST ; RICKY D KILBO MELVIN H KNUTSON charlotte A KUEHN THOMAS M MA6USTH JEANNE A MCWHITE. ROBERT 8 MILLS JR WALTER H MORAN MARK F MORAN. MARK F MOROWCZVNSKI. NAAB. THERESA NELSON DAVID OAS DANIEL 0 OBERAIGNER SCOTT Q OBRIEN RANDY L OMAN. LYLE £ PALMER GREGORY A OUAST, WAYNE A RATH6UN BARRY J ROBERTS. '"IMOTHY w SKREEN dale $ STEFFENHAGEN RONALD STEVENS BETTY G THOMTON. MARK R TOMCHECK. LAWRENCE F TOMCZYK MARK y JAMES L D 475505292 v/anQ. BRUCE L 468629488 VEE LINDA $ 500403192 WALTERS. lINOA G 477381539 WECKMAN STEPHEN J % YTD GROSS CURRENT GROSS : 93 25 00 25.00 31 14607 47 1482.27 12 21392 24 2221.363186C6 35 958 72 12 4573 96 544 30 42 13870 S3 1522 89 ^ ♦ ^ A 14400 00 1600.00 :i 1692 23 179 56 3 1 14714 92 1601 89 31 14613 00 1666 65 31 12911 36 1434 89 31 13271 04 1416 90 31 13620 96 1536 00 33 12498 05 1392 25 42 16434 45 1130.71 42 11818 S3 1291 13 12 10785 91 1199 28 42 10025 29 1088 88 31 4857 41 519.54 31 14236 21 1527 32 93 177 50 177 50 31 3872 39 441 86 31 19242 68 2150 48 15 8606 35 958 71 15 18326 42 2041 08 33 16323 48 1743 53 93 20 00 20.00 93 281 75 241.503116173 63 3472 833116634 91 4B1 283113679 90 1408 49 12 8606 37 958.72 35 1093 98 303.08 93 203 SO 203.50 12 8760 09 1033.23 32 9837 14 988 40 33 12732 40 1J92.24 42 8646 41 870 07 92 12182.87 1226 499210172 10 1023 62 31 9203 63 985 39 42 10075 72 1016 64 33 10780 83 1200 96 93 252 00 252.003112932.53 1381.883114123 34 1459 403112818 04 1408 48 33 10257 30 1188.28 12 7335 01 834.14 15 10157 80 1058 32337825 09 945 12 58.269.56 ? 1901 CIT{ CT ORONO CHECK NO. DATE 133005 133005 133014 133030 133030 133030 133030 133030 133030 133031 133031 133031 133031 133031 133034 133037 133039 133042 13309S 133069 133069 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 AMOUNT 560 35 685 21 1,245 56 417.00 417 00 CHECK REGISTER VENDOR ALL STAR PRO GOLF CO ALL STAR PRO GOLF CO ITEM DESCRIPTION GOLF CLUBS GLOVES/TEES ALL STAR ELECTRIC LIGHTING REPAIR 395.38 395.38 • 13 32 13 32 * 150 73 150.73 • 74 00 74.00 • 252 28 252 28 • 246.00 41 00 ANCHOR PAPER COPY PAPER AUGIES MOBILE CHEF ROLLS EARL F ANDERSON ASSC ST SIGNS ASPLUND COFFEE COFFEE BLACKOWIAK & SONS TASH HAUL BIFFS INC BIFFS INC 6 BIFFS 6 BIFFS ACCOUNT NO INV 74*4560-590-93 74*4801*591-94 74*4343*590*93 05/07/91 24 76 AT A T INFO SYSTEM DATA PROC 01-4340-059-14 05/07/91 24.76 AT A T INFO SYSTEM DATA PROC 01-4340-069-15 05/07/91 32 50 AT A T INFO SYSTEM DATA PROC 01-4340-129-31 05/07/91 24 76 AT A T INFO SYSTEM DATA PROC 01-4340-129-31 05/07/91 24 76 AT A T INFO SYSTEM DATA PROC 01-4340-174-33 05/07/91 24 76 156 30 • AT A T INFO SYSTEM DATA PROC 01-4340-249-42 05/07/91 1.85 AT A T COMM TELEPHONE 01-4320-039-1205/07/91 5.08 AT A T COMM TELEPHONE 01-4320-129-3105/07/91 16 68 AT A 1 COMM TELEPHONE 01-4320-175-3405/07/91 166 68- AT A T COMM TELEPHONE 01-4320-175-3405/07/91 166 68 24 51 • AT A T COMM TELEPHONE 01-4320-175-34 01-1261*000-00 74-4802-591-94 01*4233*249*42 01*4382-129-31 01-4343*099-17 01-4331-290*61 74-4331-590*93 05-13-91 PAGE 1 • P 0 6 MESSAGE •••-CKS •••*CKS •••-CKS • « •-CKS •••-CKS -CKS -CKS • * a .CKS K > frr i- r, i. r 1991 CITY CHECK NO OF ORONO DATE Aff40UNT CHECK REGISTER VENDOR ITEM DESCRIPTION ACCOUNT NO INV 05 - 13 91 PAGE 2 t P 0 • MESSAGE 287 00 * ••*-CKS 133011 133011 05/07/91 05/07/91 131 88 16 23 148 11 * BLACKS PHOTOGRAPHY BLACKS PHOTOGRAPHY FILM/DEVELPE FlLM/DEVELPE 01-42lO-12d-31 01-4210-174-33 •••-CKS 13309S 13309S 13309S 05/17/91 05/07/91 05/07/91 600 99 46 40 100 58 747 97 • BUDGET PRINTING BUDGET PRINTING BUDGET PRINTING CODE BOOKS FORMS YD WASTE LETER 01-4322-039-12 01-4322-185-35 01-4322-295 65 •••-CKS 133090 05/07/91 330 00 330.00 • BUREAU CRIMINAL APPR CJDN CHGS 01-4355-129-31 ••• -CKS 133110 05/07/91 126 00 126 00 * CHAPIN PUBLISHING ADV 24-4323-424 00 133111 05/07/91 6 00 6 00 * CHESWICK/GARY MTG 01-4356-129-31 •••-CKS 133114 05/07/91 48 30 48 00 ‘ CITYVIEW PLMBG & HTG REPAIR WATR HTR 74-4342-590-93 •••-CKS 133127 05/07/91 53.00 SO 00 • COFFIN GR0N6ERG SITE PLAN 01-4305-099-17 ■•'-CKS 133133 133133 133133 133133 05/07/91 05/07/91 05/07/91 05/07/91 9 00 4 00 235.00 673.00 921.00 * COfW-REV SALES TAX COMH-REV SALES TAX COMM-REV SALES TAX COMM-REV SALES TAX 6APR SALES TAX 6APR SALES TA.X 6APR SALES TAX 6APR SALES TAX 01-3500-000-00 01-3516-000-00 72-2222-000-00 74-2222-000-00 '••-CKS 133154 133194 133154 13319* 05/07/91 05/07/91 05/07/91 05/07/91 259.90 61.45 79.95 238 20 639 SO * CYS UNIFORMS CYS UNIFORMS CYS UNIFORMS CYS UNIFORMS M TOMCZYK CORNICK ROBERTS UNIFORMS 01-4221-126-31 01-4221-126-31 01-4221-129-31 01-4221-129-31 •••-CKS r? r 1S91 CITY CHECK NO. Of 080N0 DATE 8 AMOUNT CHECK REGISTER VENDOR ITEM DESCRIPTION ACCOUNT NO INV. 05-13-91 IPO • PAGE 3 ^.:SSAQE 133171 05/07/81 144.00 144 00 • DORADOS CORP MAINT SIRENS 1 OTR 01-4342-175-34 -CKS V- :133113 05/07/91 219.80 219.80 • DYNAMEO MED SUPPLIES 01-4232-129-31 •••-CKS r f : 133137 05/07/91 210 00 210 00 * EAST SIDE BEVERAGE BEER 74-4815-591-94 •••-CKS 133181 05/07/81 380.00 380 00 • ELMER J PETERSON CO LS REPAIR 73-4344-569-92 t 1 ;; 133188 133188 133188 133188 05/07/81 05/07/81 05/07/91 05/07/91 03 81 S.SOO.OO 5.500 00- 5.500 GO 5.593 81 * ROLF £ ERICKSON ROLF E ERICKSON ROLF E ERICKSON ROLF E ERICKSON SUPPLIRD MAY FEE MAY FEE MAY FEE 01-4210-059-14 01-4307-048-14 01-4307-048-14 01-4307-059-14 -‘••••■• •••-CKS t; ' 133257 05/07/91 198.12 198 12 QERHARDSON/JOHN APRIL MILEAGE 01-4381-249-42 r,133251 05/07/91 128 20 128 20 • GLENWOOO INGLEWOOD WATER 01-4231-099-17 •••-CKS 133287 05/07/91 920 00 920.00 • GOLF CAR MIDWEST CART RENTAL 74-4331-590-93 ?h •••••••••-CKS l . , -C . it * ’ 133288 133288 133288 05/07/91 05/07/91 05/07/91 365 00 369 00 134 00 868.00 * GOVERNMT TRAIt.G SERV GOVERNMT TRAING SERV GOVERNMT TRAING SERV CLASS/ANDERCTN CLASS TOMCHECK CLASS CHESWICK 01-4356-129-31 01-4356-129-31 01-4356-129-31 ■i * -••-CKS 133272 133272 133272 133272 133272 05/07/91 05/07/81 05/07/91 05/07/91 05/07/91 258 00 84 56 33.12 33.12 9.36 418 16 • G & K SERVICES G & K SERVICES G 4. K SERVICES G A K SERVICES G A K SERVICES UNIFORM RUGS UNIFORM UNIFORM UNIFORM 01-4221-249-42 01-4231-129-31 72- 4221-549-91 73- 4221-569-92 74- 4221-590-93 'iy H fe ¥ » m m -CKS h-\ I [ i, ' 1/ r'. ‘ 1991 CITY Of 090NO CHECK NO. DATE 133271 133279 133294 133303 133304 133309 133330 133334 1333SS 13339S ••■■•a 133397 133397133397133397 133404 133404 '■■I k"- . 05/07/91 05/07/01 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/01 05/07/91 05/07/91 05/07/91 05/07/91 05/07/31 05/07/91 .%*• AMOUNT 47.00 70 SO 117 50 * 10 40 10 40 ■ 090.00 990 00 * 27.75 27.75 • 209.61 209 61 ■ 150.75 150 75 • 205 28 205 28 • 107 90 107 90 * 11 78 11 78 • 72.21 5.95 5 95 11 91 96.02 * 10 96 31 51 CHECK REGISTER VENDOR GOPHER STATE ONECALL GOPHER STATE ONECALL HAPPYS POTATO CHIP HENN CTY FIN DIV DEPT PROPERTY TAK HENN CTY SHERIFF DPT ICMA RETIREMNT TRUST INNOVATIVE MICROGRAP INTERSTATE BATTERIES KEAVENYS DRUG KUEHN-THOMAS KUEHN-THOMAS KUEHN-THOMAS KUEHN-THOMAS THE LAKER THE LAKER ITEM DESCRIPTION APRIL SERV APARIL SERV CHIPS MAR ROOM/BOARO POSTAGE MAR BOOKING FEE ICMA 4/15-4/28 MICROFILM BATTFR;‘S SUPPLIES MILEAGE APRL MILEAGE APRL MILEAGE APRL MILEAGE APRL AD AD 05-13-91 PAGE .4 ACCOUNT NO INV • P 0 • MESSAGE 72- 4306-549-91 73- 4306-569-92 74-4802-591-94 01-4358-080'16 01-4321-040-13 01-4358-080-16 01-4140-039-12 01-4306-174-33 01-423.-175-34 74-4232-590-93 01-4381-069-15 01-4381-174-33 01-4381-295-65 73-4381-569-92 01-3790-000-00 01-4323-039-12 •••-CKS •••-CKS •**-CKS •••-CKS •••-CKS ■••-CKS •••-CaS •••-CKS •••-CKS F'1991 CITY OF 090N0 CHECK NO. DATE CHECK REGISTER 133404 133404 133404 133404 13343$ 133435 13343$ 13343$ 13343$ 13343$ 13343$ 13343$ 13343$ 13343$ 13343$ 13343$ 13343$ 13343$ 13343$ 133435 13343$ OS/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 AMOUNT 13 29 104 30 22C 70 70 12 10 09 4,975 12 VENDOR THE LAKER THE LAKER THE LAKER THE LAKER ITEM DESCRIPTION AD AD AD AO 23 24 LOGIS -SUITE 300 SEPTIC LABELS 60 17 LCXjIS -SUITE 300 RECYCLING LABELS 490 43 lOGIS -SUITE 300 HAINT CONTRACTS 362 92 LOG IS -SUITE 300 HAINT CONTRACTS 791 U LOGIS -SUITE 300 LOGIS APPL SUPP MAR 458 60 LOGIS -SUITE 300 LOGIS APPL SUPP MAR 240.77 LOGIS -SUITE 300 LOGIS APPL SUPP MAR 23.68 LOGIS -SUITE 300 DATA PROC MAR 664.38 LOGIS -SUITE 300 DATA PROC MAR 767.43 LOGIS -SUITE 300 DATA PROC MAR 325 17 LOGIS -SUITE 300 DATA PROC MAR 7 20 39 LOGIS -SUITE 300 DATA PROC MAR l20 40 LOGIS -SUITE 300 DATA PROC MAR 144 46 LOGIS -SUITE 300 LOGIS APPL SUPP 13 45 LOGIS -SUITE 300 DATA PROC MAR 337 07 LOGIS -SUITE 300 LOGIS APPL SUPP MAR 31 45 LOGIS -SUITE 300 DATA PROC MAR ACCOUNT NO INV 01-4323-059-14 01-4323-129-31 01-4323-174-33 01-4323-290-61 01-4210 01-4210 01-4340 01-4340 01-4352 01-4352 01-4352 01-4355 01-4355 01-4355 01-4355 01-4355 01-4355 72-4352 72- 4355 73- 4352 73-4355 -174-33 -295-65 -039-12 -174-33 -069-15 -129-31 -174-33 -039-12 -069-15 -129-31 -174-33 -174-33 -295-65 -549-91 -549-91 -569-92 -569-92 05-13-91 PAGE 5 • P 0 « MESSAGE «■*-CKS NAN -CaS 'Ll? ■ V V'f- k r *r.Ite- 133437 133437 133437 05/07/91 05/07/91 05/07/91 46 20 2,534 40 6,630 00 9.210.60 • CITY CITY CITY OF LONG LAKE OF LONG LAKE OF LONG LAKE 1ST OTR WATER 2ND OTR PO RENT 1ST OTR WATER 01-:324-129-31 Oi «332‘l29-3l 72-:359-549-91 133439 133439 05/07/91 05/07/91 4 02 31.59 35.61 • LONG LONG LK FORD TRACTOR LK FORD TRACTOR PARTS OIL 01-42''"-249-42 74- 590-93 133441 05/07/91 15.50 15 50 • LONG LAKE TIRE SERV REPAIR 01-4342-249-42 133456 05/07/91 33 35 3:.35 • MABUSTH-JEANNE MTG 01-4356-174-33 133459 05/07/91 18 09 18 09 • M JFEN EQUIPMENT PART 01-4232-249-42 • *-CKS •••-CKS •••-CKS •••-CKS •••-CKS I«- 1991 CITY Of ORONO CHECK NO. DATE AMOUNT CHECK REGISTER ITEM DESCRIPTION 133992 09/07/91 ISl .50 NSP 133592 09/07/91 250.56 NSP 133992 09/07/91 2 91 NSP 133992 0S/0//91 137 78 NSP 133992 09/07/91 82.89 NSP 133992 09/07/91 6.58 NSP 133992 133992 09/07/91 09/07/91 12.15 1.252 43 NSP NSP 133592 09/07/91 19 20 NSP 133592 09/07/91 706 41 NSP 133992 05/07/91 136.68 NSP 133992 09/07/91 36 65 NSP 133992 05/07/91 23 53 NSP 133992 09/07/91 7 81 NSP 2.857.08 • 133995 09/07/91 56 85 NSP 56.85 • 133992 09/07/91 23.66 OMA UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES ST LITES MILEAGE ACCOUNT NO INV r .480 05/07/91 479 98 479 98 • MIOWES ASPHALT 01-4233-249-42 133485 133489 05/07/91 09/07/91 13 50 31.50 45 00 • MPLS OXYGEN CO MPLS OXYGEN CO DEMURRAGE DEMURRAGE 01-4232-129-31 01-4232-249-42 133498 133488 05/07/91 05/07/91 133 79 9 53 143 32 • MN CELLULAR TELE MN CELLULAR TELE TELEPHONE TELEPHONE 01-4320 129-31 01-4320-243-42 133937 05/07/91 76 80 76 80 • MORAN MARK COURT TIME 01-4306-129-31 133549 133949 05/07/91 05/07/91 690.00 611 19 1.301 19 • NAVARRE AUTO REPAIR NAVARRE AUTO REPAIR REPAIR CAR REPAIR TRUCK 01-4341-174-33 74-4341-590-93 133946 09/07/91 12 22 12.22 • NAAR TERRI MILEAGE 01-4381-039-12 01-4324 01-4324 01-4324 01-4324 01-4324 01-4324 01-4324 72-4324 72- 4324 73- 4324 73-4324 73- 4324 74- 4324 74-4324 -099-10 -099-17 -175-34 -249-42 -249-42 -290-61 -290-61 -549-91 -549-91 -519-92 -569-92 -569-92 -590-93 -590-93 01-4325-249-42 01-4: • t-33 05-13-91 PAGE .C • p 0 • MESSAGE •••-CKS ■'•-CKS “••-CKS •••CKS ••-TKS •••-CKS •••-CKS iiiiHi 1991 CITY OF ORONO CHECK n; date CHECK REGISTER 133597 133591 133615 133621 133621 133621 133621 133621 133621 133621 133621 133621 133621 133627 133621 133626 133621 133621 133626 133626 133626 133626 133626 133626 133626 133626 133626 133626 133626 133626 05/07/91 05/07/91 AMOUNT ^3 66 • 3.946 39 3.946 39 • 9 00 9 00 “ VENOOR ITEM DESCRIPTION PUBLIC EMPl RE I ASSN PERA INS PLRA 4-1S/4 TUNE INS 05/07/91 6 6 00 00 • PERRYS VENTURES INC CAR WASH 05/07/91 827 00 PHYSICIANS HEALTH MAY INS 05/07/91 756 00 PHYSICIANS HEALTH MAY INS 05/07/91 462 00 PHYSICIANS health MAY INS 05/07/91 294 00 physicians HEALTH MAY INS 05/07/91 420 32 PHYSICIANS HEAL TH MAY INS 05/07/91 1 . 177 16 physicians health MAY INS 05/07/91 378 00 PHYSICIANS health MAY INS 05/07/91 1.155 00 PHYSICIANS HEALTH MAY INS 05/07/91 176 40 PHYSICIANS HEALTH MAY INS C5/07/91 264 5,910 60 48 • PHYSICIANS HEALTH MAY INS ACCOUNT NO INV Ol-:C3l 000 00 01-415:’ 129-31 72-4341-549-91 01-3872 01 -4151 01-4151 01-4151 01-4151 01-4151 01-4151 01-4151 72- 4151 73- 4151 -000-00 -039'12 -069-15 - 121-31 -126-31 -129-31 -174-33 -249-42 -549-91 -569-92 05/07/91 50 50 25 25 • PITNEY BOWES MEIER RENTAL 01-4321 129 31 05/07/91 1 , 100 40 POPHAM HAIK &ASSOC LEGAL RETAINER MAR 01-4301-080-16 05/07/91 8.478 67 POPHAM HAIK 4.ASSOC LEGAL PROSECTNS MAR 01-4302-080-16 05/07/91 949 90 POPHAM HAIK 1 ASSOC LL ANNEX MAR 01-4303-080-16 05/07/91 9>00 POPHAM HAIK &ASSOC LEGAL CONSULT MAR 01-4303-080-16 05/07/91 42 50 POPHAM HAIK &ASSOC LEGAL CONSULT MAR 01-4303-174-33 05/07/91 24 00 ^ )PHAM HAIK i ASSOC LEGAL CONSULT MAR 01-4303-249-42 05/07/91 1.587 SO POPHAM HAIK &ASSOC LEGAL -APPLIC MAR 01-4303-840-71 05/07/91 141 00 POPHAM HAIK 4.ASSOC ABSTRACT FEE 2/19 24-4399-400-00 05/07/91 192 00 POPHAM HAIK &ASSOC LEGAL CONSULT MAR 24-4399-454-00 05/07/91 104 00 POPHAM HAIK &ASSOC LEGAL CONSULT MAR 24-4399-455-00 05/07/91 112 00 POPHAM HAIK L ASSOC LEGAL CONSULT MAR 24-4399-456-00 05/07/91 483 39 POPHAM HAIK &ASSOC LEGAL CONSULT MAR 24-4399-461-00 05/07/91 272 00 POPHAM HAIK 4.ASSOC LEGAL CONSULT MAR 24-4399-462-00 05/07/91 453 00 POPHAM HAIK 4.ASSOC LEGAL CONSULT MAR 72-4303-436-84 05/07/91 903 40 POPHAM HAIK &ASSOC LEGAL CONSULT MAR 73-4303-434-82 05/07/91 24 14.966 00 76 • POPHAM HAIK &ASSOC LEGAL LS 88 MAR 73-4531-569-92 05-13-91 PAGE 7 • P O t MESSAGE ••• CKS -CKS ••• -CKS ***-CKS -CKS 133631 05/07/91 3.390 00 POLKA DOT RECYCLING APR FEE 01-4392-295-65 mi CITY OF 060N0 CHECK REGISTERCHECK NO DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV 3,390 00 • 133S34 05/07/91 606 00 606 00 • PROLAWNS WEEED SPRAY 01-4343-290-61 133631133636 133631 05/07/91 05/07/91 05/07/91 65 00 17 20 1,054 00 1,136 20 ‘ PRAIRIE OFFSET PRAIRIE OFFSET PRAIRIE OFFSET DOG Lie BUS CARDS PRINTING 01-4322-039-12 01-4322-174-33 74-4322-590-93 133657 05/07/91 51 08 51 08 • RFG PET & SUPPLY CO DOG FOOD 01-4244-129-31 133656 05/07/91 3 50 3 50 • R C INDENTIFICATIONS ID 01-4210-129-31 133662 05/07/91 146 85 146 85 • REED VENDING CANDY & CIG 74-4802-591-94 133665 05/07/61 30 55 30 55 • RICKS SUPERVALU SUPPLIES 74-4232-590-93 133666 05/07/91 33 00 33 00 • REO RAJ KENNELS 11 IMPD FEE 01-4360-185-35 133675 05/07/91 2.083 11 2.083 11 • ROLLINS OIL CO GASOLINE 01-1260-000-00 133663 05/07/91 303 80 303 80 • RUFFRIDGE-JOHNSON PARTS 01-4232-249-42 133665 133665 05/07/91 05/07/91 200 00 100 00 300 00 • LAURIE K SCHEFFLER LAURIE K SCHEFFLER APR MTG APR MTG 01-4306-039-12 01-4306-174-33 133686 05/07/91 2,777 SO SR CMNTY SERVICES 2ND OTR 01-4385-100-21 05-13-91 PAGE ,t •••-CKS -CKS •••-CKS • « *CKS ***-CKS -CKS •••-CKS •••-CKS •••-CKS ••• CKS IMl CITY OF ORONO CHECK NO. DATE 133719 133729 133740 13377$ 133775 133717 133799 133S15 133115 13391$ 13391$ 13391$ 13391$ 13391$ 13391$ 13391$ 13391$ 13391$ 13391$ 13311$ 13393$ 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 OS/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 OS/07/91 05/07/91 05/07/91 05/07/91 05/07/91 AMOUNT 2.777 50 * 37 77 37 77 • 270 00 270 00 • 244 OG 244 00 * 505 00 200 00 705 00 • 275 17 275 17 • 40 00 40 00 • 78 78 39 58 345 78 55 78 53 11 27 78 124 1.111 89 89 44 83 39 89 42 89 91 83 61 98 20 17 • 45 00 45 00 CHECK REGISTER vendor item description DIXIE PETRO-CHEM DICKS AUTO DETAIL STREICHERS TOWN & COUNTRY TOWN & COUNTRY TURF SUPPLY CO WARNING LITES OF MN ACID CLEAN CARS AMMO MAY CLEANING MAY CLEANING FERTILIZER FLASHER 05-13-91 PAGE 9 ACCOUNT NO IHV • P O • MESSAGE 72-4234-549-91 01-4560-129-31 01-4241-129-31 01-4343-099-17 01-4343-129-31 74-4343-590-93 UNIFORMS UNLIMITED UNIFORM 01-4221-129-31 US WEST COMMUN TELEPHONE 01-4320-039-12 US WEST COMMUN TELEPHONE 01-4320-059-14 US WEST COMHUN TELEPHONE 01-4320-069-15 US WEST COMMUN TELEPHONE 01-4320-129-31 US WEST COMMUN TELEPHONE 01-4320-129-31 US WEST COMMUN TELEPHONE 01-4320-174-33 US WEST COMMUN TELEPHONE 01-4320-175-34 US WEST COMMUN TELEPHONE 01-4320-249-42 US WEST COMMUN TELEPHONE 72-4320-549-91 US WEST COMHUN TELEPHONE 72-4320-549-91 US WEST COMMUN TELEPHONE 73-4320-569-92 US WEST COMMUN TELEPHONE 74-4320-590-93 US WEST COMMUN ADV 74-4323-590-93 01-4331-249-42 •••-CKS ■••-CKS •••-CKS •••-CKS •••-CKS • AM -CKS •••-CKS •••-CKS OS-13-91 PAGE 10OF 090NO DATE CHECK REGISTER1981 CITY CHECK NO AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV 133941 133S41 05/07/91 5/07/91 193 31 112 94 306 25 • WATER PRODUCTS CO WATER PRODUCTS CO PARTS PARTS 72- 4234-549-91 73- 4232-569-92 13394S 05/07/91 34 44 34 84 ■ WECKMAN STEPHEN MILEAGE 01-4381-174-33 133451 05/07/91 480 IS 480 15 * W HENN RECYCLING COM FEE 01-4306-295 65 133975 05/07/91 8 28 8 28 - WRIGHT HENN ELECTRIC UTILITIES 01 -4324-249-42 133194 05/07/91 678 28 678 28 • YOCUM OIL CO INC DIESEL 01 -4220-249-42 133901 05/07/91 1.371 07 1,371.07 • BOB RYAN FORD INC AUTO REPAIR 01-4341-129-31 ♦ 133902 05/07/91 41 03 41 03 • BRC ELECTIONS MIDWST FORMS 01-4322-039-12 133903 05/07/91 45 00 45 00 • A 4 T UPHOLSTERY CO REPAIR SEAT 01-4244-129-31 133904 05/07/81 548 00 588 00 • ELM CREEK GOLF REPAIR MOWER BLADE 74-4342-590-93 133905 05/07/91 142 10 142 10 • ELECTRIC SER'ICE CO REPAIR SIREN 01-4342-175-34 133906 05/07/91 127 SO 127 SO • FINANCE 4 COMMERCE SUBSCRITN 01-4240-129-31 133907 05/07/91 56 94 56 94 • JIM GREGORY MILEAGE 72-4381-549-91 1 133901 05/07/91 95 00 95 00 • LONG LAKE VETERINARY VET FEE 01-4244-129-31 f 133909\ 05/07/91 80 00 40 00 • MGCSA MEMBERSHIP 74-4380-590-93 133910 05/07/91 30 16 randy OBRIEN MILEAGE 72-4381-549-91 f-r '■1 r 4 •' * *•-CKS • •*-CKS *»*-CKS -CKS •••-CKS A- itsi CITY OF ORONO CHECK NO. DATE 133RU 133EI2 133813 133914 133915 133916 133917 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 05/07/91 AMOUNT CHECK REGISTERVENDOR ITEM DESCRIPTION30.16 • 16. 16 296 296 16,550 16,550 79 79 149 149 15,235 15,235 25 25 48 48 50 50 00 00 71 71 09 09 15 15 00 00 UNIVERSAL MEDICAL PALM CONSTRUCTION MIDWEST MACHINERY AZTEC IRRIGATION HOWE COMPANY RICHMAR CONST JOHN BECKMAN 133916 05/07/91 277 50 277 50 • MEDINA 133919 05/07/91 62 25 LEHNES SERVICE INC 62 25 • 58,955 61 FUND 01 TOTAL 16.550 00 FUND 14 TOTAL 1,430 39 FUND 24 TOTAL 24,629.13 FUND 72 TOTAL 3,433.55 FUND 73 TOTAL 6.800 38 FUND 74 TOTAL 111,799 06 TOTAL PART REPAIR DOOR BRUSH CHIPPER REPAIR VALVE FUNGISIDE PUMPHOUSE 3 PMT 7 REPAIR DOOR EASEMENT OLD TIRES 05-13-91 PAGE 11 ACCOUNT NO INV IPO I MESSAGE 01-4232-129-31 0l-4343- 129-‘‘l 14-4560-633-00 73- 4344-569-92 74- 4343-590-93 72- 4531-437-85 01-4343-099-17 73- 4383-569-92 01-4-'48-249-42 GENERAL FUND IMPROVE A EQUIP OUTLAY F PERM IMPROVE REVOLVING F WATER OPERATING FUND SEWER OPERATING FUND GOLF COURSE OPERATING FD •■•-CKS F i r 1 P- f I COUWCtt MEETING MAV 1 3 1991 OFORONO H NEWSLETTER OnONO INDEPENDENT SCHOOL DISTRICT NO 278 ' 'K' ‘ M H *l » \K [) Dav’u \Ln'vs:'. Don Xnccrvon. \ « ’la.rrMF. Jtrr. ^IriM't.-v' !.0' . I ' i i lof'T' Ntir” *' IJ'.\ * •* i])'* Pc u' N 1.. N. 1 • » ' ■ .* V ! ■ ^ 4 >^n I « MAY l‘l<M ISSUE NO 9 '^niYi urnnfirr !■ In March the Minnesota Business Partnership (MBP) released a report on education. There have been so many reform documents developed during the past decade that there is a tendency to appreciate but ignore these efforts. This should not happen to the Business Partnership s An Education Agenda for Minnesota' The Challenge to our Communities and Schools Congratulations are owing to Dr. James Renier, Honeywell, Inc. Chairman and CEO, and te his colleagues on the MBP Education Quality Task Force tor preparing a thoughtful assessment of Minnesota education as well as for developing recommendations deserving of future study and consideration. While educators may differ on the suggested recommendations or strategies offered in the Report, few win take exception to the Report's main focus, i e., learning readiness of students. Schools reflect society. Schools are not above or beyond society. They operate in tandem with society. The MBP’s report makes the point that the condition of our present day society impacts the readiness of our students to learn. The Report states "The efforts of the schools to improve instruction and the academic program will not reach their potential unless we do a better job of learning readiness • and that means readiness for kindergarten and every morning of every school day thereafter until graduation." Further the Report notes: 'The lack of physical health, mental development, emotional stability, and the desire to learn has created a crisis for our children - a crisis that society as a whole has helped create, but one that we have dumped at the school house door." The reality is that we can run but we cannot hide from the prevailing problems of society. Educational opportunities for hermits are very limited. However, when we transform society into community, the possibilities for solving problems is endless. Cont.on page 3 STUDENT SOCIAL SECURITY IVUMBERS REQUESTED The State of Minnesota is initiating a new student reporting system which utili<.es the student'.s social security number with the four digit district number to create a unique number for every student in the state. ONCE THE UNIQUE NUMBERS ARE CREATED, THEY WILL REMAIN WITH STUDENTS FOR THEIR ENTIRE ENROLLMENT IN MINNESOTA PUBLIC EDUCATION. Each school district is required to pursue actively the capture of student Social Security numbers as part of the new Minnesota Automated Reporting System iMARSS), The new system will provide J ' i for calculating our portion of state education , and will be used for state and federal reporti. „ requirements. Accordingly, forms n collecting this data will be provided to each student (Grades K-Il) at his/her school building on Monday, May I3th. The district asks that parents complete one form for each student and return it as soon as possible to their principal's office or the homeroom teacher. The form must be completed and signed bv the parent or guardian. Seniors graduating this year are not being asked for this data. We earnestly solicit the cooperation of all parents/guardians and students in this important W.A. Fenholt Ass't SuptTBusiness Mgr. 11 1 Mi Guidance at a Glance Unooming Tipst Dates: SAl^ June 1, 1991 Registration Deadline 4,26 91 Late Registration Deadline - 5/8/91 ACT^ June 8, 1991 Registration Deadline 5/10/91 Late Regis'.ration Deadline - 5/24/91 Preliminao^ Scholastic Aptitude Test (PSAT) The PSAT is available to all juniors and will be given in October 1991. It is an opportunity to experience taking a college entrance exam and also is the qualifying test for National Merit Scholarships. There will be a sign up period during the month of May at the high school. Sophomoresconsidering a four year college are encouraged to sign up in the guidance office. Summer Jobs Applications are now available in the guidance office for summer job opportunities through the Suburban Hennepin County Summer Jobs Program. This program is federally and state funded and is open to youth ages 14-21. We also have applications for work at county parks and a variety of other summer work posted on the job board. Host Families Needed The foreign language department at the high school is seeking host families for the 1991-1992 Amity Aides. These Aides work with the Foreign Language teachers at the high school part of the school day and attend high school classes during the rest of the day. They are young adults who have finished high school in their country and want to spend a year in America. If your family would be willing to share your home with a visitor from a Spanish or German speaking country for a semester, please contact Bob Neumann, German teacher, or Heidi Foley, Spanish teacher at the high school at 473-5472. INTERESTED IN ciiYYRfiKy nv * OPPORTUNITIES? PLEASE ATTEND A PARENT MEETING THURSDAY, MAY 9 ORONO MIDDLE SCHOOL ROOM 211 7KX)P3I. National Honor Society Induction and Awards Evening The National Honor Society induction ceremonies will be held on IHiesday, May 21 at 8:00 p.m. in the Orono High School auditorium. Fourteen juniors and ten seniors will be inducted into the National Honor Society with a candle lighting and pinning ceremony. Juniors and s .niors are eligible to be considered for membership if they have a cumulative grade point average of "B” (3.0) or better. Further consideration is based on ratings of each student's scholarship, leadership, character, and service during their time in high school. Membership is the highest honor that Orono High School can bestow upon those students who have exhibited exemplary academic and personal qualities. In addition to the induction ceremonies, a part of the evening will be devoted to the awarding of local and school district scholarships to graduating seniors. This is a very special evening for these students who have worked so hard to get to this point in their lives. It is also a very special evening for the parents, family and friends to see ^eir student receive the recognition they deserve. Everyone is invited! Physical Education Demonstration The Schumann Elementary physical education department will present "Hey, Look Me Over" a physical education demonstration, on Monday, May 6th at 7:00 p.m the Orono High School. All childre.. who attend school at Schumann will take part in this program which will involve a beginning warm-up for all, various activities being performed by each grade level, and an ending involving all children. The program will include colorful activities with scarves and ribbons, parachute activities, ball skills, lummi stick and wand activities, warm ups, jump ropes and games. It is a program for all family members to eiyoy- Come and see what your child does in physical education throughout the school year. Hi^ School Counselors 473-5472 CALL WITH YOUR QUESTIONS Ms. Woytcke - all atudenta with last auiiiea A-K Mr. Wasbotten - aUatudeata withlaat names IrZ band Registration The annual registration of new band members will be held on Thursday, May 16 from 2:45 to 6:30 p.m. in the Middle School band room. Any student from the present fourth grade class through high school is eligible to register. If you already have a band instrument, bring the instiument and your child to the Middle School. For your convenience, there will be an instrumental display in the cafeteria where you may wish to rent or purchase an instrument. As in past years, there will be a fee charged for band students. For further information contact Glen Johnson at 473- 7301 or Donald Krubsack at 473-5472. NOTE: Parents who will be new to the band program are encouraged to attend the May band instrument demonstration for fourth graders in the Auditorium. jTme Slrts !festiv(d *Tfie annuaC dig ft sc/too [ fine J^rts festivai zinfC Be held Thursday, May\ 9, in tde dig ft scdooC auditorium. War/^ ofartBytde fifgft scdoof art\ department unfC Be displayed in tde cafeteria Beginning at 7:00 p.m, untfi\ concerts By tde digd scdooC cdoir Band Beginning at 7:30 p.m, *Jdis is\ \jhe to tde puBGc, Memorial Day On Monday, May 27, the high school band will again inarch at Liong Lake and Maple Plain at their annual Memorial Day Parades. A program will be presented at both locations. High School Concert Band Tour The Orono High School Band will be leaving on Friday morning. May 3 for their annual Spring band tour. They will perform at high schools and at Linden wood College en route to Saint Louis. The students will enjoy many of the sights in Saint Louis including a ride to the top of the Gateway Arch and attendance at a floating dinner theater on the Mississippi River. They will leave for home on Monday, May 6. Cont. from Page 1 The important message in the MBP report is simple and direct. The condition of our children as they start or continue in school is a predictor of academic achievement. Sick children, children caught in emotional crises, and children associated with abusive behaNTors often make poor students. The MBP Report calls learning readiness a key to learning. Academic improvements alone will not provide the reform we all desire until learning readiness is also addressed. Our community and the majority of our families tinderstand well the MBP’s message. The strength of the Orono Schools is largely measured by the support and well being of our community. Nevertheless, the work of Dr. Renier and his colleagues is a valuable insight for all who care about children and schools. Thomas B. Mich. Ph.D. Superintendent Middle School Spring Concert The members of the Four Middle School Bands cordially invite you and your guests to attend their spring concert on Tuesday, May 7, 7:30 p.m. in the high school auditorium. A reception will be held in the mezzanine immediately following the performance. The program includes a wide variety of excellent repertoire for concert and jazz ensembles. We look forward to seeing you at tho concert. Glen Johnson Middle School Band Teacher Gymnasts Win Awards The National High School Gymnastics Coaches Association recently named the Orono High School Gymnastics team as an All-American team. Scores of a certain caliber must be met several times during the season for individuals and the team to qualify. Orono gymnasts Robin Forsythe. Kim Brown, Joann Kunz, Lindsey Underdahl, Chiara Wood, Jodie Heyerdahl. Sarah Brown and Jill Behrendt were members of the All-American team at Orono. Individual All-American honors went to three gymnasts - Jodie Heyerdahl on Bars, Sarah Brown on Vault, Bars, Floor and All-Around, Jill Behrendt on Vault, Bars, Beam, Floor, and All-Around. Coaches Connie Priesz and Bob Komma were also awarded certificates as part of the All-American team. Athletic trainer Missy Stauch and Athletic Director Steve Fedie were honored with certificates also. All State Honors The Minnesota State High School Coaches Association honored three Orono Gymnasts for their consistency and high scores for the season. Five scores of a certain caliber can earn a gymnast All State honors. The 3 award winners are: Jodie Heyerdahl, Sarah Brown and Jill Behrendt. Congratulations go to these three outstanding athletes. . n r 1 ‘ \r. * \r ■ ( I ‘f Ictinihj Calendar i~)iSTRlCT WIDE A«mVITTES 3/i Continuin? Sii. lOo HS....................« -0 am 3.1: EC7E Super Saiurday. EPS..................lO.-.:: ■3/13 School Beard Meeting, ................................u:r; 5/18 Good Will Recycling Day at MS..............:>:'.'U am 5/'21 School Board Elections 5/21 School Board Meetintj, 107L....................3 ,>i) am 5/27 Memorial Day NO SCHOOL Ff FMPVTARY ACTTVTTrFS 5/6 Elementar/Musical in HS .....................7:*;0pm 5/7 SE & OPS May BD Party 5/21 SE & OPS June BD Party 5/27 Memorial Day NO SCHOOL 5/31 Play Day Elem, Grade 1-4 TNTFRMFniATF/Mmnf .K SCHOOL ACTIVITIES 5/7 MS Band Concert, Aud...................................7:30 pm 5/16 MS Band Registration at MS.........................2:45 pm 5/27 Memorial Day NO SCHOOL 5/29 MS CAPS Day Award Day < all day 1 5/30 MS Vocal Concert in MS gym...................7:30 pm HIGH SCHnOL ACTTVTTTES 5/1 Softball - SL Bernards....................................4:00 pm Baseball • Brooklyn Center.............................4:00 pm Boys Tennis - Minnehaha...............................4:00 pm 5/2 Boys Tennis • Brooklyn Center.....................4:00 pm Girls Golf at St. Bernards...............................4:00 pm Boys Golf at St. Agnes at Como Park.....4:00 pm Track Conference Relays at Blake...........3:30 pm 5/3 Band Trip baseball at Arlington Boys Golf ■ Minnehaha Wayzata Childrens Choir Concert, .‘\ud ..7:30 pm 5/4 Boys Tennis at Edina Invitational ...........9:00 am 5/6 Baseball • St. Bernards..................................4:00 pm Boys Golf - DeLaSalle.....................................3:00 pm 5/7 Softball • Brooklyn Center.............................4:00 pm Girls Golf - Breck.............................................4:00 pm Track at Buffalo ...............................................4:00 pm Boys Tennis at Mahtomedi.............................4:00 pm 5/'8 Softball at Mahtomedi....................................4:00 pm Baseball at Minnehaha...................................4:00 pm Boys Golf at Gross ...........................................3:00 pm Boys Tennis • Eden Prairie.............................4:00 pm 5/9 Boys Tennis away............................................4:00 pm 5/10 Boys Golf at Minnekahda..............................3:30 pm 5/11 Softball at Shakopee Tbumey......................10:00 am 5/13 Softball - St. Agnes.........................................4:00 pm Baseball at Mound..........................................4:00 pm Girls Golf at Dahlgren 5/14 Senior Athletic Awards............................7:30 pm Softball at St. Anthony.............................4:00 pm Track Conference at Farmington...........3:00 pm Boys Tennis at S. Paul Academy.............4:00 pm 5/15 Baseball - St. Agnes.................................4:00 pm Boys Golf Conf. Tbumey at Dahlgren.....8:00 am Boys Tennis - Tri Metro Conference .......9:00 am ■ 3r;v » • M » • ’ »lin-* t n).:‘ IT micron. ...\ ’ -o C-rtT'ct ’"A Track - Ot-ir-c: *“A ......... y'JT Memoriai Oav VO B«>vs Ooif oA at I>ian(ivicw 3t)\> leniKs. »^rono a 29 Sortbail. Rt ^ron a at Miiaca June 6 j \ Track • Rej^ion 5 at Waicrtowai Baseball • aA at St. Tloud Girls Golf • State Boys Goif • Stale Boys Tennis - State Last Day nf Glasses Commencement ................................. Softball - State Track - State Baseball - State h/3 6/5 h>6 7:30 lU)iinl l\a:icu' __________j, March 11,1901 Accepted the resignation of Gordon A. Oare, middle school custodian, effective June 1, 1991. .Approved the following coaches for spring sports: Eric Hanson, head baseball; Mike Lawrence, assistant baseball; Kevin Sharpe, assistant baseball; Scott Zeidler, assistant softball; Julie Lingo, assistant track; Mathew Laue, assistant track; Bill Greenwood, assistant track . Approved a proclamation claiming March 11-15 as Orono Middle School Education Week. Approved April 9 as the day eighth grade parents may exchange a day with their child. Engaged the firm of American Appraisal Associates for a complete reappraisal of the buildings and contents of the School District. Commencing with Apnl 8, 1991, Board of Education meetings will begin with the Pledge v/f /Mlegiance. Spartan Parent Assn. Friday, May 10 8:20 a.m. Teachers Dining Room of HS Last meeting • bring plana and ideas for next year! GOOD WILL RECYCLING DAY Saturday, May 18 9:00 am • 4:00 pm ORONO MIDDLE SCHOOL PARKING LOT All donations are tax deductible — tax receipts available •Acceptable Donatioiis* (must be in yood-uaable condition) Clothing • Small (working) appliances T.V.’s • Stereos • Games/toys • Small furniture • Housewares • Leather Sporting goods • Bikes • Scrap Metal'^ • Un-acceptable Donations* (please do not bring) Tires • Us^ carpeting • Soiled or tom mattresses or box springs • Large or non­ working appliances * Furniture needing repair * Paint * Storm doors, windows or screens Bring recyclables (cans, bottles, newspaper) - Tlie mobile recycling unit will be there all day CASH for aluminum cans!! m m Sponsored by West Hennepin Recycling Commission with 80% funding by Hennepin County Board of Commissioners *Scrap MeUl You may also bring in motal items that are no longer ueable. A scrap metal hauler will be available to collect this material for recycling. These could include: swing sets, barb-b-que grills, bicycles, mufflers and other auto parts, patio furniture, lawn mowers, etc. School Age Child Care The Orono Kare for Kids is now compleung a successful year of extended day care at the Orono Community Church. The school age child care has just completed summer registrations, and we are accepting registrations for the 1991-1992 school year. The Center is open from 6;30 a.m. to 6:00 p.m. and the program is available for both morning and afternoon kindergarten children Parents may send bag lunches from home or they may purchase school lunches. We provide a program throughout the day that includes art, cooking, literature, games, outdoor play, conversations, field trips and resource visitors. Our staff are highly qualified and are happy to welcome parents and visitors. If you would like to receive our brochure or visit the Center, please call Jo Potter at 4V3-0855 for further information. MS Phy. Ed. Unit The Orono Middle School Physical Education Department recently finished a 2 week unit in rhythms and dancing the eighth grade had a social dance unit including dances such as the Waltz, The Polka, Schottishe, 50 s. The Charleston, The Lindy, The Fox Trot, and the Cha Cha Cha. They also learned line dances and proper dance etiquette. They celebrated with an 8th grade dance for two hours during the school day and the following awards were presented: Cutest Couple Dan Farley & Angie Claire Courtney Mullin & David Heiser Betsy Ray Anita Bersie, Clay Bj'orklund, Rachel Gawron Ann Marie Wenger, Rachel Massey, Nate Ahlberg, Josh Quandt Leah Valiton, Amy Becker, Tad JelUson, Cory Minnich Gordie Pollock. Kari Reardon. Krisanna Theis, Nick Shultz Peter Brambilla, Rachel Hardin Wes Pogue, Melanie Knudson, Richard IVitnam, Amanda M wesh Joe White, Stephanie Miller, Jacob Marin, Havalla Yantos Benje Pagel, Holly Brown, Peter Link, Jenny Lang Brock Juusola, Jill Rosengren Pat Mich, Gina Morss Best Dressed 50’s & 60 s Butterfly Schottishe Limbo Polka Charleston Lindy Fox Trot Cha Cha Cha WalU ooooooooo MOMS The last get together of the year will be held on Friday, May 17 from 1:00 - 3:00 pm at Trinity Lutheran Church. Please join us! Middle School Choir Concert Don't miss the Spring Choral Concert on Thursday, May 30 at 7:30 pm in the Middle School G3rm. This concert will be presented by the Middle School Choirs. An evening of entertainment is planned to mark the end of another great school year. Plan to attend and hear some great music! man school COMMI^CEMENT THUBSDAX JUNE 6 7:30 PM PESONEN STADIUM Weathor Permitting Public is welcome! SUMMER PLANS The Orono Summer School and Community Education Brochure has been mailed. Included in the brochure is the complete swimming program being offered for the first time in Orono's new pool. There are open swim times and many leuels of lessons. You still haue plenty of time to sign up for Community Education programs, trips and events. Call the C.E. office at 473-4879 for more information! B NEV8LETTEn Non*Proflt Org. U.S. POSTAGE PAID Long Laks, MN PERMIT NO. 12 ty of n,aay •0- Bo 53350 hr S: n- R' i^,. vl r tt H %- ;p'-: TO: FROM: DATS: Mayor and City Council Thomas Kuehn, Finance Director 7 May 8, 1991 'aK- As you know Linda Walters underwent cancer surgery on April 17th. The surgery was successful and the ptognosis is very good. She has returned to work part time as of May 6th and should be able to return full time on May 13th. Thank you for your expression of concern for her. 5f » t rr MINUTES OF THE ORONO PLANNING COMMISSION MEETINGHELD APRIL 15, 1991 ROLL CALL: 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, Septic Inspector Steve Weckman, and City .Recorder Scheffler. Council Representative Jabbour was present, as were Councilmembers Goetten and _allahan. Kelley called the meeting to order at 7:00 p.m. (#1)AMENDMENT TO ZONING CODE: Kelley opened the Public Hearing at 8:30 p.m. (A)TENPORARY SIGNS IN COMMERCIAL DISTRICTS- Mabusth stated that the City's Sign Ordinance now allows a business to have one 25 s.f. temporarv sign (the portable signs on wheels, usually with a yellow backgr-i nd) per 24-month period. She commented that the business owners who apply for this type of permit have indicated that this system does not work. John O'Sullivan, owner of O'Sullivan's Service Station, distributed a list of Navarre Business owners who wish to see the Ordinance amended to allow a quarterly sign permit allowing a temporary sign to ba displayed up to a maximum of two weeks during the quarter. Mr. O'Sullivan said, "I have talked to each of the business owners shown on this list. They represent the majority of the Navarre retail establishments. The business owners do not feel that the present Ordinance is very useful, from a business standpoint. We a proposing that permits be allowed on a quarterly basis because many of us have specials that coincide with the various seasons. It is our feeling that such a provision would give us more flexibility." Cohen asked, "If a business owner only requires a temporary sign for one week during a particular quarter, will he have an opportunity to post another sign for an additional one week period of time?” Mabusth replied, "No. The permit will allow a sign for one event, displayed for a maximum of two weeks, per quarter." John O'Sullivan agreed that would be a reasonable provision Cohen asked O'Sullivan if the business owners would prefer the Ordinance to allow a 32 s.f. sign as opposed to a 25 s.f, sign. O'Sullivan answered affirmatively. Rowlette commented, "It makes more sense to allow a 32 s.f. - 1 - k- ft ^v tl- i ■ f m>'- ORONO PLANNING COMMISSION MEETING HELD APRIL 15, 1991 (IDZONING CODE AMENDMENTS-TEMPORARY SIGNS CONTINUED sign b6Cdus6 that is usually the size of the portable signs that are leased by business owners." Mabusth asked the Planning Commission if their intent is to allow a single-faced or double-faced sign. It was Planning Commission’s consensus, with the exception of Bellows, that a double-faced sign should be allowed. Mabusth stated that would mean that 64 s.f. of signage would be allowed. Rowlette questioned the need for a two-week maximum period to display a temporary sign. Johnson noted -hat a ''grand-opening" may require a sign to be displayed for two weeks. Bellows stated that she did not approve of the signs at all. Rowlette stated that though she does not like the appearance of the signs, as a business owner, she can honestly say that they are effective advertising tools. Bellows stated that the proposed Ordinance amendment would theoretically allow a business owner to display such a sign for two months out of the year, and that, in her opinion, is not acceptable. Kelley asked if it is now possible for business owners, through a Variance or Conditional Use Permit process, to obtain an additional period of time to display a sign. Mabusth replied, "We would usually respond to a request for additional temporary signs with a Variance process, however, there is not sufficient time. 3y the time the business owner comes to us with a request, he/she cannot wait six weeks for the Variance process." Bellows reiterated that a two-week maximum time period per quarter for displaying such a sign is excessive. Cohen stated that he did not object to two weeks. Hanson indicated that he would prefer ten days, but would accept two weeks. Rowlette, Cohen, and Moos agreed with Hanson Bill Wear asked if the ordinance amendment would allow each tenant in a building, (which is ten in Mr. Wear's case), to apply - 2 - r ORONO PLANNING COMMISSION MEETING HELD APRIL 15, 1991 (il)ZONING CODE AMENDMENTS-TEMPORARY SIGNS CONTINUED for a sign permit each quarter. Mabusth replied, "Only the owner of a property may apply for and obtain a permit. Mr. Wear would be allowed to apply for four temporary sign permits, one each quarter of the year, on behalf of his tenants." It was moved by Cohen, seconded by Mdos, to recommend approval of a Temporary Sign Ordinance amendment, as proposed by Staff, allowing a maximum ten-day display of such a sign during each quarter of a year. Each sign is to be no more than 32 s.f., per surface, or 64 s f. in the case of a double-sided portable sign. Johnson stated that, in his opinion, two weeks is a reasonable time period. Motion, Ayes-5, Kelley, Bellows, Nay. Motion carried. Kelley indicated that he agreed with Bellows in that he does not approve of the signs at all. (B)CONSTRUCTION OF MUNICIPAL FACILITIES WITHIN THE CITY OF ORONO BY NEIGHBORING CITIES Mabusth provided a brief explanation of what prompted the City to revl*»w and consider an amendment to the present Code. Kelley said, "I think the City should do whatever needs to be done to prohibit other cities from building municipal facilities within our City." It was the consensus of the Planning Commission that the present Code should not be amended to allow other cities to construct municipal facilities within the City of Orono. Bellows noted that a special statement may need to be added to apply to facilities (such as police) that serve communities other than Orono. The Planning Commission recommended that the City Attorney be asked to provide the legal language. Kelley closed the Public Hearing at 8:50 p.m. (#2)ZONING FILE 11631-CHARLES i ANN HOMMEYER 475 LINDEN AVENUE VARIANCE-PUBLIC HEARING Charles and Ann Hommeyer were present. Kelley opened the Public Hearing at 7:00 p.m., and asked Mabusth to make her opening statements. Mabusth stated that the Hommeyers are requesting renewal of a lot area Variance which was granted in November, 1987. She noted that drainage remains the key issue, and that the City will require the Hommeyers to submit a drainage plan when they apply for a building permit. Mr. Hommeyer stated that he currently has no plans to - 3 - ^1- '5' ORONO PLAHNING COMMISSION MEETING HELD APRIL 15, 1991 (12)ZONING FILE #1631-HOMMEYER CONTINUED develop the property, but that he wanted assurance that build on the lot in the future if he sc wished. he could Cohen asked about the size of the lot. Mabusth stated that the lot is 6/j.Oths of an acre, is located in a One Acre Zoning District, but does have City sewer. Kelley asked how far back from the lake this property is located. Mabusth noted that portions of the property fall within both the 250'-500’ and 500' to 1,000* setback areas. Hanson asked how often the City should expect to receive additional renewal Variance requests. Mabusth stated that she could not answer Hanson’s question, and reiterated that the Hommeyers are purchasing the property for privacy, not development. Kelley stated that, in his opinion, it is wise for the Hommeyers to continue to renew the Variance, rather than letting it lapse, in the event they should decide to develop the property in the future. Ken Rolland, 4119 Oak Street, asked if the same conditions required as part of the approval of the previous renewal request, would apply in this case. He noted that there is a culvert that is maintained ay himself and the Hommeyers, to alleviate some of drainage problems in this area. He wanted to be sure that any future owners of the subject property would be alerted to this. Mabusth advised that the same conditions of approval are appropriate for this current renewal application. She said, "The only change is the omission of payment of $390.00 for Park Dedication fee." There were no further comments from the public, and Kelley closed the Public: Hearing at 7:05 p.m. It was moved by Cohen, seconded by Moos, to recommend approval of the renewal Variance, subject to the findings and conditions of Resolution #2300, excluding Condition #2. All voted aye. Motion carried. - 4 - I i t ORONO PLAmilNG COMMISSION MEETING HELD APRIL 15, 1991 (»3)ZONING FILE 11632-STEVE MARTIN 3890 SHORELINE DRIVE RENEWAL CONDITIONAL USE PERMIT-PUBLIC HEARING A representative for Steve Martin was present. i'elley opened the Public Hearing at 8:55 p.m. Mabusth reviewed the issues involved with this application, as outlined in her April 10, 1991 memo. She stated that the proposed duplex meets all the standards of the Conditional Use Permit granted in 1979. Mabusth said, "The problem is that now I have received an updated survey which indicates that the 931.5' elevation comes extremely close to the proposed structure. Tfiere must be at least a 14 foot separation between the structure and that elevation. T* re is adequate room on the property to move the structure forward while maintaining the required front setback from the street. Even though no filling is proposed, this application is subject to reviaw by the r-jp. because of the sensitive nature of this property. I would recommend that the applicant provide an amended site plan showing the structure moved forward at least 14 feet." Kelley indicated that ha does not favor a duplex in this location, and questioned whether the Planning Commission had any ability to deny the Conditional Use Permit at this point. Mabusth replied, "I cannot address the legal aspect of that question. Tne Conditional Use Permit was acted on back in 1979. I do not know whether a 1991 Council can be tiad to decisions made by the City Council back in 1979. If the applicant is not seeking Variances to that Conditional Use Permit, l am not sure that the Planning Commission can now recommend denial. There has been no change in zoning, or other changes for that matter, involving this property." Cohen stated that 12 years is a long time for something to exist in limbo without some follow up. He added that he also objects to a duplex in this location. Johnson askad whether the applicant has fully explored his capability to construct anything on this site. He said, "There must be some poor soil conditions." Mr. Martin's representative agreed that soil borings will have to be taken, but have not yet been done. Cohen suggested that reviewing this application at this stage may be premature. He stated that the DNR has not yet reviewed this, that soil borings have not yet been taken, and that an amended plan will have to be provided showing the structure relocated to accommodate the 11 feet required between it and the 931* elevation. - 5 - I ' t; i 'I',:. OROMO PLANNING COMMISSION MEETING HELD APRIL IS, 1991 (#3)ZONING FILE #1632-MARTIN CONTINUED Bellows asked when the property was sewered. Mabusth replied, "That area received .nunicipai sewer in 1966." Bellows said, "Th«it property was assessed for one sewer unit. That to me says that in 1966, the City no loncer viewed this property for multiple use, and that provides a oasis to say that the decision to approve a Conditional Use Permit in 1979 for a duplex does not have to be upheld." It was moved by Cohen, seconded by Hanson, to table this application to allow staff and the applicant to look further into the issues raised by the Planning Commission. Johnson stated that in his opinion, the property is suited for a duplex, given its location to Highway 15 and commercial property. He added however, that the property may not lend itself for construction. All voted aye. Motion carried. (#4)ZONING FILE #1633-ANDREW MCDERMOTT 2702 NALTBRS PORT LANE VARIANCE-PUBLIC HEARING Andrew McDermott was present. Kelley opened the Public Hearing at 7:17 p.m. Mabusth provided a brief summary of her memo dated April '.0, 1991, pertaining to this application for a rear setback Variance to construct a deck, threo-season porch and bath addition. She noted that she had not heard anything from the neighbor west of Mr. McDermott upon which the addition would have the most impact. Cohen noted that Mr. McDermott is not proposing to increase hardcover on the property, and the house has been 11 feet from the rear lot line since 1969, when it was constructed. Hanson stated that it bothers him somewhat to have such a nassive addition off the back of a house situated only 11 feet from the property line. He added, however, that the rear of the property is adjacent to Pence Lane, where there is adequate screening. As there ware no public comments pertaining to this application,- Kelley closed the Public Hearing at 7:.10 p.m. It was moved by Cohen, seconded by Moos, to recommend approval of the rear setback Variance to construct an addition. The hardships are the peculiar n-ature of the property, the applicant's existing floor plan in relation to the proposed addition, and the fact that the house has encroached into the 30 foot rear setback area for 23 years. Cohen added that the City - 6 - r i- ► I v: ft.1. E OROHO PLANNING COMMISSION MEETING HELD APRIL 15, 1991 (#4)ZONING FILE #1633-MCDERMOTT CONTINUED created the hardship for this property by allowing the house to be constructsd so close to the rear property line. Rowlette asked whether it would be appropriate for the Planning Commission to address the excess hardcover in the 75-250* foot setback area, even though the aoplicant is proposing no increase in hardcover. Mabusth explained* Council's recent directives to have plastic under landscape areas removed if hardcover percentages exceed the City's standards. She informed the Planning Commission that they have the right to ask the applicant to remove the landscape plastic that exists in the 75-250' setback area. Cohen stated that he preferred to leave his motion as is. Motion. Ayes-6, Johnson. Nay. Motion carried. Johnson believed that the excess hardcover in the 75—250' setback area should have been addressed. (IS)ZONING FILE #1634-JAMES S JOAN MAUS 3700 BAYSIDB ROAD VARIANCE-PUBLIC HEARING James and Joan Maus were present. At 7:37 p.m., Kelley opened the Public Hearing, aid asked Mabusth to provide a brief explanation of the application. Mabusth stated that the applicants are seeking approval of side setback and average lakeshore setback Variances to construct an addition to tneir existing residence. She noted that when the property was divided, the property was within the RR-IA Zoning District, which required five acres and a 50 foot side setback. Mabusth stated that because it was built prior to zoning code requirements, not only does the existing residence not meet a 50 foot side setback, but it does not meet a 30 foot side setback, as required under the present zoning classification of I.R-IA. Kelley asked the M.iuses if they knew when the addition on the east side of the house was constructed. Joan Maus stated that the east addition must have been constructad at least ten years ago by the previous owner of the property. Rowlette stated that she had lived near this house for 17 years, and that the east addition had originally been a porch, which was then converted into a family room. Kelley asked Mabusth if she had received any input from the Mauses' neighbors. Mabusth stated that she had not received anything from the neighbors. James Maus advised that the Burgers and the Olsons fully supported their adoitiv olans. - 7 - V'.r' V*. ,r^ cr t¥' ORONO PLANNING COMMISSION MEETING HELD APRIL 15, 1991 (#5)ZONING FILE fl634-MAUS CONTINUED There wars no public comments regarding Kelley closed the Public Hearing at 7:40 p.m. this matter, and It was moved by Rowlette, seconded by Hanson, to recommend approval of the side setback aid average lakeshore setback Variances based on the six hardships and noted in Mabusth's April 9, 1991 memo. All voted aye. Motion carried. (#6)ZONING FILE «1635-JOHN O'SULLIVAN ft ERWIN SMITH 2420 8HAOYWOOD ROAD VARIANCB/COmiBRCIAL SITE PLAN REVIEW-PUBLIC HEARING John O'Sullivan was present. Kelley opened the P..blic Hsarii:g at 7;08 p.m Mabusth reviewed the issues involved with John O'Sullivan's request for a 10’ x 25' concrete block addition onto the east side of the car wash portion of his service station. (See Jeanne Mabusth's April 8, 1991 memo.) Mabusth asked Mr. O'Sullivan if he would explain why additional storage could not be provided on top or below the existing building. O'Sullivan responded, "From an engineering standpoint, placing a storage area under the building would not be a viable alternative. The items may freeze if stored on top of the building, and I would think that placing a storage area on top would create an eyo-sore. We are planning to locate the storage area behind the car wash where it will virtually be invisible from Shadywoovi Road. We had discussed an alternate plan with the Builuing Department involving construction of a raised platform within the car wash bay. We determined, however, that it would be more cost effective to add onto the exterior of the building, rather than the interior. There may also be a problem with moisture if the computerized equipment is stored within the car wash bay." There were no comments from the public on this matter, and Kelley closed the Public; Hearing at 7:15 p.m. Kelley asked Mabusth if the City had received any comments from the Freshwater Biological Institute. Mabusth replied, "No, the City has heard nothing from them." Johnson notsd that it will be necessary to remove trees to construct the addition asked Mr. O'Sullivan to explain his plans for screening. O'Sullivan explained, "At the most, we will be removing one tree. I like trees, but the one in question is a Cottonwood that plugs our air conditioning and heating systems, two or three - 0 - •l' r j- K'- • •>. i ORONO PLANNING CONNISSION MEETING HELD APRIL 15, 1991 (#6)ZONING FILE |1635>0*SULLIVAN a ERWIN SMITH CONTINUED times a year. The other trees will remain." Mabusth added that the City Engineer has recommended removal of the Cottonwood trees because of the new construction. It was moved by Johnson, seconded by Cohen, to recommend approval of the side setback Variance and Commercial Site Plan as presented, subject to Staff recommendations #1, #3, #4, and •■‘5, All voted aye. Motion carried. («7)Z0N1NG FILE »1636-STEVE TIBBETTS 1810 SBAOTWOOD ROAD APTER-THE-FACT VARIANCES-PUBLIC HEARING Steve Tibbetts was present. At 7:26 p.m., Kelley opened the P-blic Hearing. Mabusth outlined the issues noted in her April 15, 1991 memo relative to Mr. Tibbetts' application. Johnson asked Mabusth what the total hardcover is for the entire lot. Mabusth stated that the coverage for the entire lot is approximately 28%. The Planning Commission, as a whole, agreed that there were really no other forms of hardcover on the property that could be removed. They agreed that the back-up area of the drive should remain to provide turn-around space and eliminate the need to back onto Shadywood Road. Johnson noted that much of the runoff from the property drains down the driveway onto Shadywood Road, rather than toward the lake. Kelley closed the Public Hearing at 7:36 p.m He stated that he was a Planning Commission member in 1935 when the application involving the porous pavers was reviewed. He said, "The Planning Commission wa~ skeptical that the pavers would work, and they have not." It was moved by Kelley, seconded by Bellows, to recommend approval of the after-tha-fact lakeshore hardcover, and side setback Variances. It is recommended that the resolution of. approval, if adopted by Council, include language restricting any additional hardcover on this property. All voted aye. Motion carried. - 9 - 1-. tf' r- tf ORONO PLANNING COMMISSION MEETING HELD APRIL 15, 1991 (#8)ZONING FILE #1637>SPRING HILL LAND COMPANY 725 SIXTH AVENUE NORTH CONDITIONAL USE PERMIT/VARIANCE-PUBLIC HEARING Juil Dayton was present. Kelley opened the Public Hearing at 7:41 p.m., and asked Mabusth to make her opening statements. Mabusth provided a brief review of the information outlined In her April 12, 1991 memo. She distributed a copy of Section 10.29 of the Zoning Code to the Planning Commission members, calling their attention to Subdivision 2. She said, "This Section states that as long as the Conference Center is leased by non-profit organizations, the conference use, as proposed, is permitted and does not require a Conditional Use Permit. The City Attorney has advised that the City should require an agreement from the applicant stating that he will only allow non-profit organizations to hold conferences within the facility." Kelley asked if the applicant would be required to notify the City should he decide to expand the building. Mabusth responded, "Yes, the City would be aware of any expansion plans because the applicant would have to go through a Commercial Site Plan review process." Jud Dayton added, "I have an agreement with the Spring Hill Management group which states that I will not demolish or make any substantial changes to the building for five years. That agreement was made 18 months ago, so it will be another three and a half years before we can make any changes.” Dayton asked whether he could allow an entity, such as Ford Motor Company, to use the facility for a conference. He also asked whether the Church could use the facility for wedding receptions. Kelley indicated that his interpretation of the Code is that a profit-making company would not be allowed to lease the facility. Mabusth confirmed that to also be the City Attorney's interpretation. She stated that she did not know whether the Church could allow a wedding reception or similar use. Kelley stated that the Code requires that the Conference Center must be leased by a non-profit organization. He said, "I do not know if the Woodridge Church or Freshwater Institute can allow profit-making entities to use the facility. I think that is a legal issue." -lo­ ss- OROHO PLANNir SSION MEETING HELD APRIL 15, 1991 (#8) ZONING FILE #1637-a«'rtING HILL LAND COMPANY CONTINUED Dayton stated tnat he would have his attorney contact the Cit/ Attorney to .nake sure that any agreement that is drafted is within the City’s guidelines. Kelley asked if the Conditional Use Permit for the church use will require a periodic review. He stated that he would like to see the matter come back for an annual review. Bellows suggested a condition of approval be that the applicant keep a record or log of when the facility is used, and by whom. She said, "The log should be submitted to Staff on an annual basis. If Staff determines that there are excessive or inappropriate uses, the matter should come back to the Planning Commission for further review." Mabusth noted that the neighboring property owners would more than likely contact the City if they are disturbed by any use of the Conference Center. She noted that in the event the City receives a petition from neighboring property owners advising of abuse of this use, the City can re-open consideration of the Conditional Use Permit. ii' I- ■ . ■ i* n Bellows and Kelley stated that they would like to have an annual review of the use of the Conference Center. Mabusth advised that a Conditional Use Permit is only required for the church use, and that the conference use is permitted. She said, "The agreement the City Attorney is recommending be drafted would provide a means of regulating the permitted use. Kelley closed the Public Haaring at 7:51 p.m. It was moved by Bellows, seconded by Moos, to recommend approval of a Conditional Use Permit to allow a church use of this property providsd that: 1' A leg is submitted to the City annually showing the dates the Center is used and by whom. This applies not only to the Church, but to all non-profit organizations that use the property; 2) that the parcels making up the Conference Center property be legally combined; 3) that users of the facility be notified that should attendance of persona exceed 300 that a large assembly permit is required; and 4) all signage shall be subject to the standards set forth in Section 10.61, Subdivision 2. It is further recommended trs^t the City enter into an agreement with the plicant, which shall prepared prior to review of this m. by the City Council, pertaining to the permitted use ch.ls facility by the Freshwater Biological Institute, or other non-profit making entities. All voted aye. Motion carrxci. fl - 11 - hr r ORONO PLANNING COMMISSION MEETING HELD APRIL 15, 1991 (#9)ZONING FILE #1638-CITY OF ORONO 1285 BROWN ROAD SOUTH VARIANCES-PUBLIC HEARING Kelley opened the Public Hearina at 8;00 p.m. Mabusth summarized the information and issues pertaining to the City's request for variances to construct a temporary Public Works storage facility. She displayed a sketch showing where the temporary facility would need to be situated on the property if it were to meet all requirad setbacks. Mabusth noted if that were the case, tnere would not be sufficient space for the mixing area, which is utilized for mixing sand and salt. The exterior storage yard, and naif of the employee parking would also be lost. Mr. Terry Morse, 2080 Spates Avenue, asked why the building could not be constructed to meet the setbacks, and the mixing area relocated elsewhere. Mabusth explained that the Crystal Bay site is the only area available for mixing. If the building was to be placed to meet all setbacks, there would not be enough area remaining to serve as a mixing area. Morse commented that he had no preference about where the building is located, and felt that whatever is constructed in lieu of the existing building will be an improvement. Morse also raised the issue of whether the small shed located near the railroad tracks is safe. He noted that he has seen children crawling underneath the corners of the structure. Mabusth stated that she would forward Mr. Morse's concerns about the safety of the shed to the Public Works Director. Bellows asked Mabusth to elaborate on the term "temporary". Mabusth stated that the storage facility is being constructed as though it will be permanent due to the size and nature of the equipment that it will house. There were no additional comments from the public, and Kelley closed the Public: Hearing at 8:06 p.m. It was hi^ved by Bellows, seconded by Cohen, to recommend approval of the accessory structure, setback and lot coverage Variances required for the City of Orono to construct a temporary storage facility, based on the hardship that a hazardous condition now exists, posing a serious liability for the citizens and employees of Orono. Planning Commission believes that it is inappropriate at this time for the City to effectively re-do the entire site, which would need to be done when the building is located on a permanent site. Kelley allowed Mr. Morse to ask an - 12 - r ORONO PLANNING COMMISSION MEETING HELD APRIL 15, 1991 (»9)ZONING FILE #1638-CITY OF ORONO CONTINUED additional question, Morse asked if the City will in fact renove this structure if a City facility is construct.?d elsewhere. Mabusth stated that the City definitely will remove the structure and that it will serve as a storage facility for sand and salt. Bellows amended her motion to state additionally that the structure is temporary. Cohen seconded the amendment. All voted aye. Motion carried. (#10)ZONING FILE 11618-WILLIAH PUCEL BALOUR PARK PRD/SUBDIVISION-SKETCH PLAN REVIEW Mr. Pucel asked Mabusth if she would review his sketch plan again *or the benefit of the Planning Commission members not present at the March 10, or March 20 Planning Commission meeting. Mabusth displayed Mr. Pucel’s sketch plan and briefly explained his proposal. She also showed the Planning Commission the three-lot subdivision proposed for this property by Marco Franklin. Mabusth noted that Mr. Franklin's proposal did not include any encroachment of the 75 foot setback area, that it did not require any setback Variances, and had smaller house pads. The grading plan did not include any grading within the 0-75’ setback area. The issues involved with hardcover and the road would have needed to be addressed. Cohen said, "In my opinion, this property will not support three units, it will support one house." Mr. Pucel asked what other issues the Planning Commission would like him to address other than the road. He stated that he did not feel he had received sufficient direction from the Planning Commission on what he could do to develop this property. Johnson questioned whether Mr. Pucel was planning the same stormwater treatment and grading plans as those submitted by Marco Franklin. He stated that even though this is a sketch plan, Mr. Pucel has not provided enough information to enable him to determine the other issues that need to be addressed. Johnson did agree that a PRD is the wiy this parcel needs to be developed, but could not state whether or not he would approve any Variances. Mr. Pucel replied, "The road would sixteen feet and there would be a drainage area that would flow into a holding pond. There would not be any grading as we would build on site without having a change in the topography. The sewer would have to be installed along the south side. Before I invest more expense into this, I want to be sure I am going in the right direction." Bellows stated that she would not be in favor of recommending approval of Variances to create a PRD on this site. - 13 - I —..W. r [r Sv ORONO PLANNING COMMISSION MEETING HELD APRIL 15, 1991 (110)ZONING FILE #1618-PUCEL CONTINUED She said, "I agree with Jeff that the information that has been provided to us is insufficient in order for us to make any real determinations. I have said in the past, and will reiterate, that in my opinion, access to this property first and foremost, must be solved before construction of anything can be considered. This is the first time I have heard Mr. Pucel mention his plans cor the road, drainage, or sewer. I nave serious questions about whether or not this property can be developed beyond a single unit. The only way I can see development occurring is under the guidelines of a PRD. However, it would have be a PRD that is in strict conformance with all other zoning regulations." Moos agreed that Mr. Pucel had not provided sufficient information, given the sensitive nature of the this property. She stated that she does not believe the property will support more than one home. Rowlette stated that construction of three additional homes on this property, with the pad size indicated by Mr. Pucel, would create more hardcover than she could approve. Hanson stated that because this property is so sensitive, he would not consider any application that will require Variances. He did say that he would consider a variation fr the Code in order for the provision of adequate access. Cohen said, "I am consistent with my recommendations for denying hardcover within the 0-75* setback area, and would continue my policy in this case. I cannot see more than one additional home on this property." Bellows explained to Mr. Pucel that the idea of a PRD is not to push the intention of any of the City's Zoning Variances or restrictions in terms of allowing someone to build sometaing that exceeds what a property can sustain. She said, "The point of a PRD is to give a landowner some degree of latitude. t is designed to allow someone to develop a piece of property that has some unique features by clustering, or other means, that will result in a minimal impact on that site. In my opinion, Mr. Pucel, your proposal goes against the spirit of what a PRD is. You have simply taken three, very large, foot pads and put them out on a site on land. That is not the point of a PRD. You have heard very clearly from the Planning Commission that if we are to recommend approval of a PRD on this site, we would not allow any other Variances." Jabbour suggested if the property owner proceeds with development plans that the survey be confirmed before he is given approval. He stated that the southwest corner of the point continues to slide into the lake aid the survey Mr. Pucel has provided is three years old. - 14 - II’' I. ORONO PLANNING COMMISSION MEETING HELD APRIL 15, 1991 (til)ROLE OF PLANNING COMMISSION It was agreed by the Planning Commission that they would meet on April 29, 1991 at 7:00 ?.m. , in a closed session to discuss what they would like their role to be. Based on the consensus of that meeting, a recommendation would be prepared and presented to Council. (#12)PLANNING COMMISSION COMMENTS-1991 STRATEGIC PLAN After reviewing the 1991 Strategic Plan, it was the Planning Commission's consensus that the City should adhere to the Plan as presented. PLANNING COMMISSION REPRESENTATIVE COMMENTS; Maureen Bellows was the Planning Commission Representative at the April 8, 1991 Council Meeting. Bellows first provided a brief update of the action taken by Council at their March 25, 1991, where they adopted the Planning Commission's recommendation regarding High.,.:y 12. She informed the Planning Commission that as part of Council's motion to adopt the recommendation, they asked to have cover letters sent to MNDOT and the City of Long Lake, and that both letters be provided for Council's review prior to mailing. The letter to the City of Long Lake was to address the Planning Commission's stated position that it made good planning sense to consider the consolidation of the City of Long Lake and Orono. Bellows stated that the letter to the City of Long Lake was signed by the Mayor and mailed, but was not reviewed by the other CounciImerobers. She said, "CounciImember Butler's motion was to adopt our recommendation in its entirety, and Councilmember Callahan understood that to be the intent of Butler's motion. The newspaper and minutes from the meeting also interpreted that Councilmember Butler's motion was to adopt the entire recommendation. However, the last paragraph, pertaining to consolidation, was deleted from the document that was sent to the City of Long Lake. The Mayor had understood Councilmember Butler's motion was to exclude that paragraph from the recommendation document that would be adopted as the City's position, and thought that was what she had seconded. At the April 8, 1991 Council meeting, there was lengthy discussion about what Council had done, what they had intended to do, and where they should go from here. A motion was made to reconsider tt^ ma'-ter, and after further discussion, a motion was made to have Cou 'nember Butler's original motion stand. That motion was appr- hree to two. I must say that I found the flavor of that m extremely distasteful. What the citizens of this town hear ., vas th^t two Councilmember, our Mayor being one, backed down on what was public record, both in the newspaper and minutes of their meeting, and what in fact they said at that particular meeting. It seemed to be predicated on their feeling of some extreme sensitivity about negotiations with Long Lake. However, in my opinion, the verbal protestations and numerous meetings made, which have since been postponed or canceled, makes - 15 - I; rf H I. f: V-' ORONO PLANNING COMMISSION MEETING HELD APRIL 15, 1991 COUNCIL REPRESENTATIVE’S COMMENTS CONTINUED me tend to doubt Council’s sincerity. I think the Planning CoRunission needs to sit down and determine among ourselves what we want our role to be. If we think anything is going to change, then we need to take a direct leadership role in doing that. Councilmember Jabbour explained to the Planning Commission that the concerns the Mayor has regarding the City of Long Lake’s sensitivity to the word "merger" or "consolidation" is well founded. He told thi Planning Commission that CounciImembers, and Planning Commission Chair Kelley had met with the Long Lake City officials to discuss this matter. He said, 'One of the problems is that the Wayzata Newspaper printed an article indicating that the action taken by Council at their March 25th meeting was as Mayor Pnterson had thought it to be. The other paper reported that the action taken was as Councilmember Butler indicated. The City of Long Lake got mixed messages on both ends. The City Administrator, who was on vacation immediately following the mt?eting, also understood the motion a> Mayor Peterson had. There was a true misunderstanding of the motion. The City of Long Lake is very sensitive to issues, and not only this one. Last week Council met again with representatives from the City of Long Lake. Sherokee Use and Bruce Carlson were also there. The first thing I told the people from Long Lake was that they would be receiving a letter from the City of Orono indicating that the consolidation paragraph would be included in our adopted position on Highway 12. The Mayor from Long Lake said, ’Then there is nothing for us to ever talk about again’. We tried to get the Long Lak-a City officials beyond that way of thinking so that we coul_ liscu.ss the issue of Highway >.2. However, we could not get past the word ’merger’. Wo spent hours and hours arguing and d:'.d • *■ get anywhere. I think Councilmember Goetten was corrc t when she suggested that we avoid that issue in our position." Bellows clarified that her comments pertaining to Council’s sincerity did not just apply to Highway 12, but to the manner in which Council communicates with members of the City. She said, "Specifically there have been some issues involving appointments or re-appointments, that have not been addressed properly. Communication has got to be improved. I applaud the efforts of Councilmember Jabbour, who is working overtime to try and make things work." (#13)APPROVAL OF MINUTES It was moved by Hanson, seconded by Kelley, to approve the minutes of the March 18, 1991, and March 20, 1991, Planning Coaimission meetings. Motion, Ayes-1, Nays-0. Cohen, Moos, and Johnson abstained. - 16 - -r k Iif I [■r *I ii-- ORONO PLANNING COMMISSION MEETING HELD APRIL 15, 1991 (•14)PLANNING COMMISSION REPRESENTATIVE It was agreed that Sara Moos would attend the May 13, Council meeting as the Planning Commission Representative. 1991 OTHER With regard to the upcoming May 6, 1991 Planning Commission Public Hearing regarding City facilities, Kelley suggested that the first half hour consist of a tour of the existing buildings. The Planning Commission agreed with Kelley. Rowlette indicated that she would be unable to attend that Public Hearing, but would provide a written opinion. AOJOORNMENT The April 15, 1991, Planning Commission meeting adjourned at 9:10 p.m. - 17 - t £ MMO or OIRECTOtS PtEStOCNT Larry lakkan Goldin Vallay VICE PKSIDCNT Sob Long St. Raul RMT NItlOERT Ualtar I. Rahat RoMlnadala OIKCTOM Karan Andaraon Nfnnatonka Oen Ashuortii ChafViaaaan Sill lamhart NInnaapolia Uilliaa lurna Fridlay Joan Caapbatl NInnaapolia David Chi Ida Haw Irifkton lagan Rickard Enrootk St. Antliony Kannath A. Nakla, Jr. Woodbury Ratty NcCoUua North St. Raul Frank Ongaro St. Raul Donald Raaatad Napta Rreva Craig Rapp Rraakiyn Rark fan Spias •laoBingten Olaria Viorling Shakopta Cana uhita Rrior Laka OSafflVE DIRECTOR vam Rataraon I'-' hk:-. ^Ay 'e May 3, 1991 TO:Chief Administrative Official AMM Member Cities Enclosed is a copy of the 1991 Elected Officials Salary Survey prepared and distributed by the Association of Metropolitan Municipalities (AMM). Please direct any questions regarding this survey to Carol Williams in the AMM office (227-4006). We thank each of you for providng the information which made the enclosed survey possible. Sincerely, fmm Petersdn, ExecutiveVem Petdrsdn, Executive Director Association of Metropolitan Municipalities VP/cw end. 183 university avenue east. st. paul. minnesota 55101 (612) 227-4006 r- V ( fe:-^:^-r i- fvu,1 ’S- mmicipALiTY Afton Ard«n Hills Bayport Balls Plains Circls Pinss Corcoran Dayton Ossphavsn Bast Bsthsl Falcon Haights Famington Forsst Laks Han Laks Hugo POPUIATION 1990 PER METRO COUNCIL 2,645 9.199 3.200 3,149 4,704 5,199 4,443 3,653 8,050 5,380 5,940 5,833 8,924 4,417 CITIES WITH POPULATION FROM 2.500 TO 10,000 REG. HTG. ANNUAL SALARY OF MAYOR ANNUAL SALARY OF CNCUfBRS. PER MONTH 1 2 2 2 2 2 2 2 2 2 2 1 2 2 1991 1990 1989 1991 1990 1989 1,800 $1,800 $1,800 1,200 $1,200 $ 1,200 2,900 2,900 2,900 2,300 2,300 2,300 2,700 2,700 2,700 2,100 2,100 2,100 1,400 1,400 1,400 1,100 1,100 1,100 1,500 1,500 1,500 1,125 1,125 1,125 1,800 1,800 1,800 1,200 1,200 1,200 1,750 1,750 1,750 1,250 1,300 1,250 1,200 2,400 2,400 600 600 600 2,700 2,700 2,700 2,400 2,400 2,400 4,500 4,500 4,500 3,600 3,600 3,600 3,000 3,000 3,000 3,000 3,000 3,000 1,500 1,500 1,500 1,200 1,200 1,200 4,000 2,750 2,750 3,200 2,200 2,200 600 600 600 480 480 480 -5- fr . i'jr1^-h'r-' si- WmiClPALITlf POPUIATION 1990 PER METRO COUNCIL CITIES WITH POPULATION FROM 2,500 TO 10,000 REG. HTG. ANNUAL SALARY OF MAYOR ANNUAL SALARY OP CNCUIBRS. MONTH 1991 1990 1989 1991 1990 1989 2 1,800 1,800 1,800 1,200 1,200 1,200 2 3,300 960 960 1,800 960 480 2 2,400 2,400 2,400 1,800 1,800 1,800 2 2,456 2,456 2,456 1,376 1,376 1,376 2 3,500 3,500 2,500 2,600 2,600 2,100 2 4,080 4,080 4,080 3,180 3,180 3,180 2 1,500 1,500 1,500 1,200 1,200 1,200 2 2,700 2,700 1,800 1,800 1,200 1,200 2 3,600 3,600 3,600 2,400 2,400 2,400 2 840 820 840 600 600 600 2 1,800 1,800 1,800 1,200 1,200 1,200 2 3,000 3,000 3,000 2,400 2,400 2,400 2 1,200 ••1,200 ** 1 *180 180 *120 120 -G- ■pp Pr I;W iiy-I- I a..a- f s n**’. ft-'' !>-•":- MUMICIPALITY POPULATION 1990 PER METRO COUNCIL OaK Park Heights Orono Oseeo Rockford RosewMint St. Anthony St. Francis St. Paul Park Savage Shorevood spring Lake Park Waconia Naysata ,. ... n toiiTtf*!' ii I 3,486 7,285 2,704 2,665 8,622 ’’,808 2,538 4,965 9,906 5,917 6,532 3,498 3,806 CITIES WITH POPULATION FROM 2.500 TO 10,000 1. NTG. MONTH ANNUAL 1991 SALARY OF 1990 MAYOR 1989 ANNUAL 1991 SALARY OP 1990 CNCUIBRS. 1989 2 3,000 3,000 2,700 2,400 2,400 2,100 2 3,600 3,600 3,600 2,900 2,900 2,900 2 1,200 1,200 1,200 920 1,020 1,020 2 1,000 1,000 1,080 750 750 840 2 4,200 4,200 4,200 3,600 3,600 3,000 2 4,500 4,500 4,320 3,000 3,000 2,520 2 1,800 1,800 1,800 1,200 1,200 1,200 2+3,300 3,300 2,700 2,700 2,700 2,400 2 3,900 3,900 3,900 3,120 3,120 3,120 2 2,400 2,400 2,400 1,800 1,600 1,800 2 4,200 3,000 3,000 3,600 2,400 2,400 2 2,400 2,200 2,200 2,000 1,500 1,500 2 1,920 1,92U 1,920 1,200 1,200 1,200 -7- METROPOLITAN COUNCIL Mntrs Rirk Coit'T :U)r.ntF-'-‘>Sir,,' St /’ •'fiSid !one? /KJEft/r ' SliIV'' Date: To; From: April 19, 1991 Metropolitan Council Members Maty Anderson. Chair APR 2 4 1 11 Btbotdmd im bfUatun >• • i 'T- f't :* •■ i < - T b ^X.. FRIDAY RJ 3IWI. .j » __v* Thursday morning Executive Director Sharon Klumpp and I met with Gov. Carlson, Lt Gov. Joanell Dyistad. and Chief of Staff Lyall Schwarzkopf. The governor said he believed the Council should be more bold and aggressive, and take more risks. It should provide a forum for more innovative ideas in general and for governmental consolidation and cooperation in specific. He said we shouldn’t consider ourselves bound by the current situation and current structures; we should be bold in thinking about alternatives. The governor said we should be talking more about actual consoUdatir'o. I think he understands that the Council does not have the authority tu - ring about consolidation, but feels we can be a sounding board and put some innovative ideas on the table. He is interested in ideas in cooperation and consolidation, avoiding duplication of services, and streamlining government L; generaL He raised such questions as: "Do we really need this many governmental units in this Metropolitan Area to do the job? Is there some way of restructuring units of government at whatever level so fewer units would provide services fior dfizens?” In general, he wants the Council to put forth ideas to generate discussion on new ways to be more cost-efficient, and to provide better services with diminishing resources. In one example, he mentioned the transit issue in terms of "who is in charge." He said perhaps the Council should give transit a serious look and then, whatever our conclusions may be. take a stand on how transit should be governed here. He acknowledged that by law we may not have a lot of authority, but said ways exist to become influential or to gain power by doing the lands of things he was suggesting. Later on Thursday the Senate Metropolitan Affairs Committee recommended my cnnfinmtion as chair of the CbuiiciL At the confirmation hearing, I felt the tone I got from the governor. Committee memben asked me what I thought the Cbuncfl should be doing and how we could get local govenunenu to cooperate and consolidate more. I felt the legislatute was looking for new alternatives to be put on the table. They also want to find support for ideas they already have that are being resisted by local governments and other established groups. I see the r>>iingi l devoting more time to issues and policy and less time to day- to-day kinds of things. I this is in ine with what the governor wantt us 1 luu»4fiU siting Scott County hi^ways Qtit0ii wtuit changa oHi-SSW JoNum vUnla pett Utbtg bt HmmpUt GMMQr Spooking bt Eofcm Mu tour of loareh Ito do. If we aim in this direction, we mav see that this is actually the mostn m exciting and stimulating role we can play. On Tuesday I met with some people from Lake Elmo who shared with me theii concerns about the landfill siting process. Tuesday afternoon I met with Sen. Terry Johnston from Prior LaVe arc ,i the highway interchanges proposed for the Scott County side of the B:r<" ''^lon Feny Bridge. I explained that we would develop a pro<.ess to involve ^opie concerned about the issues. I indicated that this process would lead to our review of the issues in two years, after Shakopee and Prior Lake had reviewed and amended their comprehensive plans. Council Member Bonnie Feathentone, who has met with the Prior Lake City Council, will meet with staff and me on Monday to brainstorm what we should be '^oing in this two- year period. Tuesday evening I attended a meeting on Interstate Hwy. 35W at which the state highway department responded to questions from the Neighboriiood Transportation Network in south Miimeapolis. This is a citizens group that is trying to get its proposed alternative into the EIS process. The essence of their ptoposa' is to emphasize transit with minimal highway construction. On Thursday former Council Member Josephine Nunn came in to be videotaped for the coming Council retreat. She will not be able to attend the retreat in person, but at least we will have her input on tape. We talked about her experiences on the Council and she offered some adviM to new Council members. Several people Grom western Hennepin County paid a visit on Thursday. The group induded Marvin Johnson, mayor of Independence: Harold Schutte, mayor of Corcoran, along with Robert Derus, Corcoran's administrator, and Gail Lippert, dty administrator Grom Greenfield. They wanted to be sure that I had tte histotinl background to the latnifiO siting process and was sensitive to the GKt that landowners in their communities have been under a cloud sina 1978. Obvious^, they support abolishing the current landfill siting process. Today Council Member Margaret Schreiner and I will attend a meeting of the Metro Chambers of Commerce in Eagart I will be speaking about Council activities arxi will share rrqr ideas about the new Council, induding those I heard yesterday from the governor and senate. You're invited to take a d^-long bus tour of the three airport candidate search areas scheduled for Friday. Mi^ 10. The candidate search areas are: Anoka-banti-Chisago. Dakota, and Dakota-Scott The tour, also for members of the Metropolitan Airports Commission and the Council's New-Airport Search Area Advisoiy Task Force, wiD leave from Jie Council at 8 ajn. and return in late aftemooiL In order to make traiaportation arrangements, staff needs to know how many people will be going. If you plan to go, please caU Donna Mattson of the Council's Community Services staff at 291-6493 by April 30. I *Composting food waste Bnaifast with the Citiziaa League Week ahead Montitahead ?. The Council will hold a public meeting May 14 on the proposed RECOMP food-waste composting facili y in Rosemount. The Council is expected to act next week to formally release the environmental assessment worksheet for public commenu The proposed $20 million plant would process 400 tons of food waste per day. The meeting is to hear public comment on the EAW. See calendar for details. The Citizens League will hold three "mind-opener ” breakfasts on legislative issues in the next couple of weeks. Fiscal disparities is the topic on Tuesday. April 23, with Rep. Charles Weaver and Hennepin County Commissioner Peter McLau^ilin as speakers. Packaging and the environment is the topic for Tuesday, April 30, with Rep. Jean Wagenius, coauthor of the House bill that contains legislative initiatives on packaging recommended by the Select Committee on Packagiog and the Environment Health care access will be the topic for Tuesday, May 7, with Sen. Linda Berglin, chair of the Senate Health and Human Services (^mmittee. All meetings are firom 7:30 to 8:30 a.m. The new location for the meetings is Central Lutheran Church. Youth Hall, 333 E 14th St, Minneapolis. To register, call the league at 388-0791. April 26 Metro Council public meeting on proposed funding priorities and allocations for 1992 Title HI grants from the Older Americaiis Act (part of Advisory Committee on Aging meeting). 9 a.m. Council Chambers. Skolkin. April 26- Metro Council Horizons Meeting for Council members. 27 April 26: 5JO-10 p.m. April 27: 8J0 a.m.-5 p.m. Scanticon Conference Center, 3131 Campus Dr., Plymouth. Yankovec May 7 Metro Council public hearing on amended regional parks capital improve ,ent program for fiscal year 1990-91 (part of Metro Systems Committee meeting). 10:30 a.m. Council Chambers. Mauritz. May 10 Day-long tour of three candidate airport search areas for members of Metropolitan Council Metropolitan Airports Commissioo and New-Airport Search Area Advisoty Task Force. Leave Counefl offices at 8 a.m. and return about 5 p.0L Mattson. May 14 Public meeting on proposed RECOMP food-waste composting facility. 7JO p.m. City Council Chambers, Rosemount City HsUl 287S W. 145th St Uttley, Kelsey. K;- Lake Minnetonka Cable Coininunlc^|^yij^^ijn|iwtosfon 443 OAK STREET • EXCELSIOR, 'MINNESOTA 5533l W-*9f?)^43^9 ' APR 1 8 April 16« 1991 Hr. P«ul Mas«row Triax C«bl«vlslon lS04-2nd Str««t S.E.« Box 110 Vmmmcm, HN S6093 D««r Pauli At tha March aaatlng of tha LHCCC Exacutiva Coaaittaa« a charga for non^oabla aarvica ealla waa notad In tha naw rata card praaantad to tha Coaaiaalon and aant to aubacribara in tha March billing. You daacrlbad thla charga to naan any aarvica call that did not con- oluda in tha finding of a problaa with coapany>providad aquipaant or aarvica. Aa you know, auch cuatoaar aarvica chargaa or rataa wara not da- ragulatad by tha Cabla Conaunicationa Policy Act of 1984; thara* fora# thia charga ia aubjact to regulation by tha cabla coaaiaalon. Our franohiaa atataa in Articla VI# Section A/C^St "Service ra~ quaata for aaintananca or repair of Grantee'a property ahall be parforaad at no charga to a aubacribar. If auch aaintananca or repair ia required aa a raault of daaaga cauaad by aubacribar# Orantaa nay charga to tha aubacribar aa a aaxinua ita direct coata for aatarial and labor for aarvica calla to a aubacribar'a hoaa." Aeoording to our counaal# tha agraanant did not intend for tha aub aeribar to bear tha burden of daternlning whether a problaa with their cable-facilitating aquipaant waa tha direct raault of tha aarvica or aquipaant provided by tha coapany# or of their ability to naka it function properly with their own aquipaant. Aa of thla data# you are hereby inatructad to caaaa and daaiat any further aaaaaaaant of thia charga againat tha aubacribara of tha Lake Minnetonka Cabla Coaaiaalon and to credit any aubacribara who have bean aaaaaaad thia charga thua far. Tha Conniaaion ia available at any time to diacuaa altarnativaa to thia charga. Eaura truly /Jennifer Vatta j^dainiatrator eoi LHCCC naabar citiaa Toa Andaraon# LHCCC Chair Toa Creighton# Counaal for tha LHCCC Bio Hanaon# Triax Director of Oparationap. 4^: 19- kn i: W: i^f- i^;- t k I' H i'\ 'i^‘- ■•. i.^,: LAKE MINNETONKA CONSERVATION DISTRICT 473-7033 L.M.C.D. MEETIMC SCHEDULE May 1991 /■i'H 3 0 1901 Saturday Water Structures & Environment Committee 7i30 a.m., Norwest Bank Building Wayzata 900 East Wayzata Boulevard, Suite 135 Superior Street, east entrance Friday Eurasian Water Milfoil Task Force 8t30 a.m., Norwest Bank Building Wayzata 900 East Wayzata Boulevard, Suite 160 Superior Street, east entrance Monday Lake Use Committee Ai30 p.m., Norwest Bank Building Wayzata 900 East Wayzata Boulevard, Suite 160 Superior Street, east entrance Wednesday LMCD Board of Directors' Regular Meeting 7i30 p.m.. Tonka Bay City Hall Monday Holiday, LMCD office closed 4-24-91 --- - . t' p' UUtB MIlflirrOflKA LAKE»HORE OWNERS April 22, 19*1 P 6 2^->i*% H Esmluirdson -Orono Box 66 cryotsi Bay MM SS323 ThMk you for your support in joining ths LMLOAl Our goal is to rsprsssnt you, ths Xskoshoro ownor, in Issuss that offset lifo on Lsko Minnstonks. Ttks progrsas wo sro focused on in 1991 are: • A flat rats property tax; • Working on Milfoil Control with the Lake Minnetonka conservation District (LMCD); • Prosioting environaental awareness; • Working with the LMCD on their long-term management plan; • Becoming mors visible in Lake Minnetonka community issues. Xf you %fOUld like to bring your neighbors on your shoreline or bay together regarding lake issues or social reasons, please contact us. Our data base is set up to help you with thisl Enclosed is your awnbership sticker as well as the LMLOA Clean-up Coanittee's cai^ign sticker. 1 hope you will display them proudly. If you would like more stickers, please write P.O. Bex 596, Excelsior, MM 5S331. If you indicated a committee interest on your 1991 membership form, you will be contacted shortly. Thank you for volunteering! All of us who have been involved in strengthening the position of the LMLOA will continue to work hard to earn your support and participation. Sincerely, aJW_ Don Cermanson, President (474-9226) f 1991 StMifi Sky Magary (Past Pres.)471-0081 -r;* Betty Burns (Vice Pres.)474-3779 Carol Kail (Treasurer)471-7415 Betsy Killion (Secretary)472-4465 i-Dick Kail (Director)471-7415 t )-Kathy Pyatt (Clean-up)471-1505 ■r f.*•: Chris Lindstrom (Newsletter)474-4382 f:. •Alain Frecon (Legal)472-0100 r Dave Oustafson (Milfoil)472-4425k.Tesi Pokonosky (Tax)474-4365 Hewell Weed (Tax)475-1682 4 • • \ - ■ N THE LAKE A PUBUCAHON OFTHE LMLOA SN ( ft Come join the fun and excitement! SPRING PICNIC and MEMBERSHIP DRIVE i =M^? Sunday, MAY 19th 1:00 p.m. - 4:00 p.m. Mrs. John Pillsbury's Property Brackett's Point More details on page 3 / / LAST NEWSLETTER? 4 m -am 04 The LMLOA newsletters you receive ha ve been sent to all AOOO lakeshore otvneis. To manage our budget for die remainder of the year, we will send newsletters to LMLOA paid members only. . IHiture newsletters rvill be pubUshed — July, Seplei^bcr,f^ ^v;^^ to see articles on 'property taxes. inilfoiL lake ecology sodal and po- Utk^ events. : Now is the time to join — STAY2NFORMED/ INTHISKSITF? From Your President 1991 Stair Political Action Now MCWD Power Play Spring Picnic Milfoil Removal Neighbors Can Organiae Call Your Legislators Lake Lover Slogan MUfoO -- A Show of Force Property Tax - Report Membership Form Comments 2 2 2 3 3 4 4 5 5 5 S 4 7 5 •• a lESSAGE FROM YOUR PRESIPgNT I just returned from the 'March on the Capitol' to protest property taxes. It was fun being there! Over 1,000 people attended. I estimate 250 were Lake KAnnetonka residents. People carried signs indicating they were from Orono, Woodland, Min- netrista, ^orewood, Minnetonka Beach and other lakedties. What a way to show support! I am happy to report that the base of support forLMLOAbgro%ving. Manylakeshoreownersare vohinteeiing their time whenever they can to staff our committees. Our ability to network around the lake grows %vith each volunteer. Even the press is noticing what we are doing. In 1989, our start-up year, people indicated the following top priorities through a survey: 2 2 a 42« 10 53H 43 '6% 33 66« B Pfooortv M MMfoil B L*co Crowding □ HtrfwomPv%s □ Oar DtvtiocimefX B marfio Is this still correct? Write to us. Tell us what is on your mind. Show your support by joining the LMLOA. Get involved where you can! Don Gemumson President 1991 STAFF OFFICERS DonGennanson SkyMagaiy Betty Bums Carol Kail BctqrKUIkm POLITICAL ACTION NOW! by Chris Undstrom DickKaU Chris Undst Kathy Pyatt President 474-9226 Past President 471-0081 Vice President 474-3779 Treasurer 471-7415 Secretary 4724855 COMMITTEE At-Large 471-7415 Newsletter 4744382 Clean-Up Bay Representative 472-1505 OOMMITTEB COORDINATORS COMMITTEE :AlainPnoon OhveGustafMn Tom Pokonowski NtwenWeed . Legal MUfoQ Tax Tax 471-0100 4724425 4744365 475-1882 Now is the time for LMLOA to form a Political Action Corrunittee (PAC) to deal with the seven governing agencies which regulate use of Lake Min­ netonka. At this time in history the LMCD (representing the wishes of the 1^«1R, Met Council and Hennepin Parks) is on the eve of adopting its 25 Year Manage- mentPlaiL If the Plan is passed in its present form, you will hear the heavy hollow thud of massive metal doors slamming shut on your rights asa "ri­ parian;''lakeshore owner. The regulations about to go into effect will ultimately restrict the lakeshore owners tight to own and store boats on their lake- shore, will open the door for public condemnation of private la^ for public use (access ramps, park­ ing, anchorages) wiU restrict private and municipal marina dockage, posses the possibility of eliminat­ ing all homeo«vner association docks and possi- bibly deeded lake dodt rights.., to ruune just a few. 'ONTMEIAKE* is puUidwd by the Lake Minnetonka Lakeshore Owners Assodation and it is paid for telBl^byils mcinbetB. "ON THE LAKE'is mailed to afl lakeshore residents in January and March. May Jnhr, September and November imues are mailed to LMLOA members only. Deadline for newsletter articles is die 15lh of the month preceding the rtKxith of issue. Ingairies should be directed to: LMLOA, P.O. Box 596, Excddor,MN 55331 continued from page 2 Nteanwhile, funding for implementing this pro­ gram win most likely come from local taxes which you pay. So ultimately you are taxed to fund a program which places restrictions on your use of the shoreline Neat trick! We need just a few good men and women to take this bull by the horns, faulividuals with legal or political experiertce would be especially helpful in getting this PAC up and running. Time b of the essence here The 25 Year Plan will be a done by August, 1991. A meeting will be held Mon., May 13 at 7:00 p.m. at Fazendin Realtors in Wayzata to start the PAC If you caruiot attend but wish to be included call our Secretarial Services at 474-5726. ♦ MCWD POWER PLAY By Steoen V. Htgberg: Ubbs Lake The Miimehaha Creek Watershed Dbtrkt (MCWD) is seeking changes in the law which would increase taxes and significantly mcrease its control over the floodplain and its enforcement powers. The proposed changes would; 1) give the MCWD jurisdiction over the floodplain and remove or diminish same from local government; 2) expand the MCWD's options in the enforcement of its or- ders;and3) increase levy limits for taxes to fiind the MCWIYs budget Not everybody b aware of the significant in­ volvement of the MCWD in the lake and surround- oontlnuedonpage 4 SPRING PICNIC AND MEMBERSHIP DRIVE MEET FELLOW LAKESHORE NEIGHBORS Look for your bay sign, bring a blanket, some tables provided. • LEARN ABOUT VOLUNTEER OPPORTUNITIES IN LMLOA Each committee will have a table and representative to answer your questions. « DOORPRIZESI Lake area busiiwsses are offering services/items. « MEET YOUR LEGISLATORS All have been invited. State Representative Steve Smith confirmed • FOOD - nCNIC LUNCH SUNDAY, MAY 19TH 1:00 - 4d)0 pjn. MRS. JOHN PILLSBURYS PROPERTY - BRACKETTS POINT .0^ Rain date Sunday, June 2nd. If %veather appears quesdoiuible, call ^1-0477 gE.<gFRVATIQNS $6.00/person if received by May 14th. $10.00/person for walk-ins. Names:_____________________________________ n I I I I Address: Number of individuals;Don ’t forge*... invite a nei^ibor,hdp the LMIjOA growl J Cost of piaiic b subsidized by LMLOA. ■ Mall reservation checks to: LMLOA, P. O. Box 596, Excelsior, MN 55331 _j IL. eonUniMt from p9g» 4ingaxcas. The Board regulates dredging, floodplain altcndlons, sand blankets, rip rap, retaining walls, etc Most all projects a lakefront homeowner wishes to undertake require Board approval and permits. Preaentty, by virtue of one sentence which appean in fc^nnesota Statutes Section 103D.335, SulldJIZf • City, if it has floodplain ordinances, has cxdualve jurisdiction over die floodplain. The MGVD is presenting bUb (Senate file no. 831 and House fik no. 968) which %vould dlminate that ft«***K*r thus, virtually diminating local govern- ment from its rde in flooderfain activities. u The MGVD has certain enforcement powers liy wirtueof kflnnyMiip Statutes Section 103D.545. It cuRtntity may request local goverrment to pursue minlemfsnorrhsum fonrinlsHonn nf in mlrt and Olden, or enforce its rules and orden t through other dvil adkms, suchas actions to compe 1 performance. Adtiacn may aedta review of any lu. es or orders of die hCWD through an aoederated a opeal process. Theproposed law would signifif antly increase die MCWD Board's enforcement p iwers by; 1) allowing die Board to prosecute its own misde- aaaanor charges; 2) allow die Board to assess dvil Unas of $100 to $1,000 for eadiday a vkladon exists; 3) the lowest burden of proof our legal qratem provides for the Board to enforce the dvil ^ allow the Board to recover legal fees and costs in punub^ its remedies; and 5) eliminate the present aUBty of a person to obtain a last and effidant review the Board's orders. TheMGVDisgovemedbyaBoardofManag* encoa^Miaadofacvcninembets;diree'1akedwdl- en* and four *'CTCdcdwdlers.'' The Managers are by the County Commissioners. This ns diat an appointed, not deded. Board would a prosecutor, judge and jury in enforcement and svouldtakecontrol over thefloodplain foomdiedties. _ !■ *^*0 supporting a levy ■Jncnaae to finanoe their aedvides. This is reflected in Senate ffleno. 142 and House Add no. 115, which would inoaaac the fond die Board could use for its .acdvttks through an Increase in our taxes. Senate file no. 831 and House file no. 988 have . • - .. been referred to the Committees on Environment and Natural Resources. I would encourage each of )nu to omlact your Senator and Representadves to express your opinion on these bills. If you would like any fuidier taiformadon you may contact Steve Hagberg at 933-3022. ^ MILFOIL REMOVALTwo individuals currently developing de-root- ing devices are Bob Bilger, Sr. of Mound and Cob Burandt of Plymouth, Cob Buiandt is developing under the ice de-roodng as weU as de-roodng in open water. Bob Bilger, Sr. is working on open water de-roodng and has an under water rake which he tested on a 30 foot plot on Minnetonka. Ifyouare interested in furthering the efforts of the in^vidu- als, please contact them. Bob Bilger, Sr. Cob Burandt 4005 North Shore Dr. 3317 No. Douglas Dr., #2 Mound, MN 55364 Crystal, MN 55422 Phone: 472-1492 Phone; 537-3292 Anyone involved in alternate forms of milfoil control should contact the LMLOA editor to have their projects reported. NEIGHBORS CAN ORGANIZE Would you like to have an informal get to­ gether with the neighbors on your bay? Are there issues specific to your bay that need to be addressed by group public opinion? The LMLOA can help! We now have a computer database which can iden­ tify the homeowners on your bay and print mailing labels. Database information is available for the following areas: BAYS; Halsteads Smithloiivn Priest/Cooks Spring Park/Phelps Harrison Jennings Stubbs MaxvwU Crystal Lafayette Echo Gideon Excelsior St Alban's Carson/SL Louis Wayzata Smith QH5E&. Upper Lake Howards Pt. to Narrows nack/Seton/Emerald Lake West Atm Forest Lake Nordi Arm Big bland Northome/Robinson's Bay Gravs Bay/Libb's LakeIraysBay/ foown's Bay/Tanager Lake Enchanted Island South Lower Lake Meadville to Lakeview Ave. If you need additional information, call Don Germanson at 474-9226. CALL YOUR LEGISLATORS! Senate: (43) House: (43A) Mllfail? Mrwn? Fmtnyy? Cen Olson 296-1282 Includes cities in (43 A) Ic (43B). Steve Smith 296-9188 Mound, Orono, Shorewood, Spring PaiK Tonka Bay, Minnetrista, Excelsior House(43B) Jerry Knickerbocker 296-4315 De»haven, Greenwood, Woodland Senatr.(45) House (45A) Judy Tiaub 297-8064 Ron Abrams 296-9934 Kflnnetonka. Wavzata______ Senate 05) House 05B) EariRenndce Larry Bodahl Victoria ♦ 2964125 296-8872 LAKE LOVERS SLOGAN CONTEST By KM^Pjfatt’Qmn-Up Committee Chairperson ‘ Re^onse to the Lake Clean-up Committee's slogan contest was fimtastic Close to 1,100 entries were received! The winning slogan was submitted by Mich­ elle K&gnuson of Mound. She was awarded the $500 cash prize at the Westonka Earth Day Celebra­ tion at Mound Bay Park on April 20th. Tlianks go to duree Lake Miiutetonka ad vertis- ing professionals who donated their time with the judging: Marian Burch of Burch Enterprises, Pierce Th^pson of Pierce Thompson k Associates and William WinterofMerrUCustomPublishers. Thanks also go to Karen Zubert, Shorewood, arvl Rob Davidson, ToiUca Bay for their help in judging. The purpose of the contest was to raise public awareness about the need to keep our lake and every lake clean. We are proud of tlw final selection and know others will be proud to wear this slogan on their shirt, jacket, hat or display it on their car or boat Thiswiimingsloganisbeingmadeintoasticker which LMLOA members will receive when they join. Additional stickers can be obtained by writing to the LMLOA, P.O. Box 596, Excelsior, MN 55331. Special thank you to Kathy Pyatt for organizing the event. MILFOIL By.* DaveGusb^son The LMCD plans to introduce a barge arvl trucking operation to its harvesting program to address the problem of cuttings being trailedaround the lake as harvesters shuttle to numerous off-load­ ing sites. Barges will collect cuttings on site arul off­ load at one ramp. The LMCD has funds to operate for six weeks. Further funding is needed, which must come from private individuals. The harvesters bailed out the Olympic Sailing Festival last year by cutting the race course area. The LMCD harvesters can continue to keep the boating channels open only if enough funds are donat^. A SHOW OF FORCE By Tom Pokonoeky - Tax Committee On Wednesday, April 17 over KXX) people* were on the Capitol steps and grounds to protest the unfairness of the property tax system in Minnesota. The protest was organized by the Realtors of Minnesota but supported by Minnesota Fair Share and your LMLOA. Many of you responded to the postcard r^ quest of Don Gennanson to appear at the capital and the turnout was heartwarming, it sent a dear message to the legislature ."the property tax situ­ ation in Minnesota is uniqudy deplorable and' something must be done about it." Special thanks to the following individuals who partidpated in the post card campaign: Don Germanson Tom Pokonosky Rob Davidson continuod on 6 continued from page 5 ding Shaw Jeannie Bowers-Stead Don Wambokl John St Chris Flynn Help keep the pressure on in this critical pe- riod. ^ PROPERTY TAXES —A REPORT — THE PROBLEM -ACTION By Newell Weed - Tax Committee The Problem • The punishing, confiscatory, 3- tiered (1,2,3%) system — the only (and the last) of its kind in America — no other state would enact sudi an uitfair, unequal tax bn addition, many LMLO A's and other Miime- lotans are payixig 10,20,30% of their incomes for property taxes (even after the circuit breaker re­ fund forcing them to sell their homes. Theaverage la reported to be 15% and 2% of income but seniors and others on retirement and fixed incomes are forced to pay 10 times more. Minnesota's iiKX>me tax maximum is 8.5% of income but there is tK> max cm the property tax Hie folution — LMLOA, Fair Share, The Governor, many legislators and tax groups want to diminate the unfair 1,2,3% system and replace it with a Plat Tax Rate on all homes. Also, support maximizing thepercent of income thatanyonewc**' * have to pay for property taxes. A "Home Saver" circuit breaker. This proposal is nvinning support from many Iq^lslatofs and a inimber of biUs have been intro* dtinad --both House arid Seriate —some for a flat tax rate and cithers dimiiating the 3% tier — most expanding the drcuit breaker . With cmly four weeks (May 20th deadline) left tai diia session, we must continue cmr support and lndiepastwedc8,yourLMLOATaxCoin2nit' tee, meniberB and Fair Share ha ve • Joined with over a 1000 in the rally of April 17th at the capitoL rTr-r • attended and 'spoken up' at the Edina and Hopkins Seiuite Tax Committee hearings, • attended House and Senate hearings at thecapitol, • attended weekly planning meetings of the Tax Reform Allies' at die C^vemors office. • financially and actively supported the Minnesota Fair Share eftorts and meetings, • contined to meet and talk with our local senators, Gen Oken and Judy Traub and other legislators at the capitol re; The tax bills, • organiz^ a most successful Town Meeting on Tax Reform' at Wayzata Jr. High School in February, • continue to woric ivith Fair Share and other tax reform groups in planning a state*wide media campaign for these last weeks or special session. In the final four weeks, all bills will be consoli­ dated and rewritten by the Tax Committee Chair ­ man, Doug Johnson (DFL) Senate and Paul Open (DFL) House and then passed through the commit­ tees. Amei Jients and changes can be offered. The Bill then passed by House and Senate will be com­ bined and finally passed and sent to the Governor. If not acceptable, changes will be attempted if there is time. If no time, then a special session. Nowisthetimeforallofustoact. Weeanmake a difference — we can change the system — if %ve work together. Best plan — WRITE Doug Johnson and Paul (?gren. Governor Carlson, and your local legisla ­ tors. Send copies to your local legislators. Senator Doug Johnson 205 State Capitol St. Paul, MN 55155 Rep. Paul Ogren 443 State (Xfice Building St. PSul MN 55155 Tell them in our oivn words that . . . "the property tax, 3-tiered system in Minnesota, is un­ fair, deplorable, and confiscatory and must be changeci We should have a Flat Tax Rate and a 'Home Saver Qraiit Breaker' that will maximize the percent of income that any homeoivner would have to pay for property taxes." Thanks for all your support in the past and let's continue the woric together imtil we get results. Call if you can Join our team and copy us in any letters you send. Newell Weed - Tax Committee Chair Box 129 Wayzata, MN 55391 (B) 474-4484 (H) 475-1882 6 i r- »• rt ■K ^>0r^-M » .*i Wk -t MLQA Mt!To promote the preservation and reasonable use of Lake M innetonka. Late Mnnaionlca Lakeshora Ownara AaaodatlDn. Inc. P.O.BOX8M Exeaialor. MN S5331 • To serve as an information resource and advocate for Lake Minnetonka Lakeshore Owners in appropriate matters. To pronvte sociai ireeraction between rrwmbers through association activities. «•: lOfll MgMBgRSHIP FQI NAME: ADDRESS (LAKESHORE): CITY:ZIP TELEPHONE NUMBER: (H)(B). ANNUAL CALENDAR YEAR MEMBERSHIP (check one) Q 99f% .nimef Home Owner - A home on Minnetonka lakeshore. Membership includes newsletter and voting privileges. Q egs - Diract Business • A business on Minnetonka lakeshore. Membership includes newsletter and voting privileges. Q eps . imfracf - Incfividuals with deeded Minnetonka lakeshore rights. Membership includes newsletter and voting privileges. Q i^inn. AganriaHona • Condominium or home associations with common access to Lake Minnetonka. Memoership includes 4 voting privileges and 4 newsletters. Q aofi ♦ Mawaiattar Only - Interested people who do not own Minnetonka lakeshore but would like to be kept informed. Does not include voting privileges. Make check payable to: LMLOA or, Lake Minnetonka Lakeshore Owners Association CHECK IF YOU NEED MEMBERSHIP STICKER (No charge): □ I WOULD LIKE TO PARTICIPATE IN THE FOaOWINQ COMMITTEES: n Tax Reform - Mlifon (with LMCD) " Bay/Lakeshore Rep.Newsletter . LMCD Liaison Membership/Handbook _ Social * : ^ :_Utler Free Lake .; J Professional Services (legal, printing, accounting, etc * LJ Other COMMENTS Lake Minoctonka Lakeshore Owners A ON THE LAKE P.O.Boz596 Escdiiort MN 55331 Address Correction Requested ^TeTfcrMtca voice to respond to the mess Q.e. mQfbil tnsh) outsldecs bring to Miimetonka!" t . . ... Tenner * Excdsior •V LAKESHORE COMMENTS , ♦ f . •flhaidcs ior an the worit you do and the very tnlbcmallve nrvilaticrr •XL Zemor-Tonka Bay .■v.-c;HTassu- smt euut., three ttar tax system Is the moat damag- Ing and taaair alniclure whkh takes money a way :lwm'ttiaiBipidvireMdcllakest - —... BIxkdand-Oiono Hi^2^.-.*WearebeiagtBxadoutofourhome. lam 70 and ttvtaig on Sodal Sacurity. irs fhistmting that ' ' pidi a prima CkIo unhtir real estate tax system ' ... Loundxiiy <^horewood - BULK RATE U.S. POSTAGE PAID Parma Nd. lOi 14AY 6 1-'^'- Mayor/Council Orono PO Box 66 Crystal Bay MN 55323 Cunent Resident Pass on to a friend or neighbor! Keep those cards and letters coming In. We need ytw coirmiei^ to growtl . r rr^ . • • *>• :• ••- rt.* - .<av <Ai.‘ LMLOA « P.O.Box596 ExcdsknvMN 55331 Deadline for June newsletter is May ISIlu ThankyouloAiuiBaiiieaefBusiiicaaEiftct- stowa (€73 ■4504) for ttie desktop publlihliigol OhTIHE LUCE newsletter.' * • ^ ilm *’* r*. : % »•• •• %».m - * r* i. t % ■ ' > 'A CITYof ORONO MimictpaJ OAlcei PmI Oflkr Bo% ft* Crvml Bflv, Minncwiui 5531^ April 25, 1991 Mr. Charles Schroeder 1925 West Farm Road Long Lake, MN 55356 Dear Hr. Schroeder, On behalf of the Orono City Council, I would like to take this opportunity to congratulate you on your appointment to the Planning Commission effective April 22, 1991. This is a one (1) year term as I explained during our phone conversation. Council felt that although there were well qualified candidates, you would be the most appropriate person to fill the appointment. In addition, the Council re-appointed Edward Cohen to a one (1) term. The Council, as well as the staff look forward to working with you. Best regards. Barbara A. Peterson Mayor cc:City Council Planning Commission Jeanne A. Mabusth, Building 6 Zoning Administrator TELEPHONE-473-T357 • E\X-<I7M510 %; . CITIZEN'S ALERT aMMO OPINION POLL CITY FACILITIES SITE SELECTION HONDAT. HAT IS THE FOLLOWING OPINIONS ARE POSED TO GATHER YOUR REACTIONS RELATED TO THE CHOICE OF A LOCATION FOR THE NEW ORONO CITY FACILITIES BUILDINGS. YOU ARE ENCOURAGED TO RESPOND TO THESE STATEMENTS AND THEN COME TO THE ORONO CITY HALL ON MONDAY. WAY 13, TO COMPARE YOUR RESPONSES AND HELP THE CITY COUNCIL DECIDE WHERE TO BUILD WHAT WILL BECOME ORONO'S CENTER OF GOVERNMENT FOR. AT LEAST. THE NEXT 50 YEARS, AND LAROEST BUILOINO PROJECT INORONO S HISTORY. PLEASE COME. THIS MAY BE YOUR LAST CHANCE TO EXPRESS YOUR OPINION THIS MEETING STARTS AT 7:00 PM 1 A LOCATION NEAR THE CENTER OF POPULATION WOULD PROMOTE TIME AND C SAYIN8S RELATED TO THE DELIVERY OF CITY SERVICES BY THE PUBLIC WORKS DEPARTMENT A LOCATION NEAR THE NORTHERN BORDER OF ORONO. WpfYf 'OLICE POPULATION DENSITY. WOULD PROMOTE JUST THE OPPOSITE RESULlf AQRFF& DISAQRFF) 2. THE PRESENT SITE OF ORONO'S CITY HALL IS ON, OR WITHIN, ONE BLOCK OF THREE MAJOR CITY THOROUGHFARES.(HIGHWAYS 15.51. 146).AND THE BUSLINE THISMAK^ SroSSISLE AND CONVENIENT TO THE VAST MM)RITY OF ORONO S CITIZENS. /(AGREE 3. PROMINENCE AND OONSPICUOUSNESS ARE WEAK CRITERIA FOR SITE L COMPARED TO CONVENIENCE. ACCESSIBILITY AND EFFICIENCY .QGAWjJSlgN-— < agre^BrIdisagree ) 4. BECAUSE ORONO’S CITY HAS BEEN HISTORICALLY LOCATED IN A RESIDENTIAL AREA Al MANY OTHER WTIES HAVE ALSO CHOSEN THAT OPTION. THERE SHOULD BE NOPRim AREA/^ ----------------------------------------- --------iQ6i.efrwiTH AN APPROPRIATELY SIZED NEW FACILITY AT THE PRESENT SITE ^££iSL56fiR£I) S.MOVINO THE CITY FACILITY TO THE fCRTHlRN LOW DENSITY EDGE OF ORONO SEEMS TO MAKE 5 MUCH SENSE AS MOVING THE MINNESOTA STATE CAPITAL TO HIBBINO. MINNESOTA te DISAGREE)Mil ^ PftCPAREO BY THE ORONO TAXPAYERS ASSOCIATION AND OTHER CONCERNED CITIZENS %m- f-'f RA«P-II S^-' r<A E!u>' '•i ■ p: = ■• h'^ ► sv '.V- . Vr *“^ . I?;- '. ■ ■ if'm-' fef ■ li: m.m- ir^ §W \ ^ i /X y./r-'T-y ki?'k^' feLI... CITIZEN'S ALERT OMMO OPINION POLL CITY FMILITIE8 SITE SELECTION HONMr. HAT IS THE FOLLOWINO OPINIONS ARE POSED TOO^JHER YOUR REACTIONS RELATED TO THE CHOICE OF A LOCATION FOR THE NEW ORONO CITY FACILITIES BUILDINGS. YOU ARE ENCOURAGED TO RESPOND TO THESE STATEMENTS AND THEN COME TO THE O^ONO CITY HALL ON MONDAY, MAY 13, TO COMPARE YOUR RESPONSES AND HELP THE CITY COUNCIL DECIDE WHERE TO BUILD WHAT WILL BECOME ORONO’S CENTER OF GOVERNMENT FOR. AT LEAST . THE NEXT SO YEARS, AND LAROEST BUILDINO PROJECT INORONO’S HISTORv. PLEASE COME, THIS MAY BE YOUR LAST CHANCE TO EXPRESS YOUR OPINION THIS MEETING STARTS AT 7:00 PM 1. A L02ATION NEAR THE CENTER OF POPULATION WOULL'^^^OTE TIME AND COST 8AVIN0S RELATED TO THE DELIVERY OF CITY SERVICES BY THE PUBLIC WORKS AND POLICE DEPARTMENT. A LOCATION NEAR THE NORTHERN BORDER OF ORONO. WITHJISXOW POPULATION DENSITY. WOULD PROMOTE JUST THE OPPOSITE RESULT^i<AGRE^ DiSAQRFP) 2. THE PRESENT SITE OF ORONO'SCITY HALL IS ON, OR WITHIN, ONE BLXK OF THREE MAJOR OTY THOROUGHFARES. (HIGHWAYS 15.51. 146). AND THE BUSLINE THIS MAKE S IT VE RY ^^^•LC AND CONVENIENT TO THE VAST MAJORITY OF ORONO S CITIZENS. ^9 5. PROMINENCE AND OONSPICUOUSNESS ARE WEAK CRITERIA FOR SITF L COMPARED TO CONVENIENCE, ACCESSIBILITY AND EFFICIENCY WHEN ISAGRfcX) 4. BECAUSE ORONO'S CITY HAS BEEN HISTORICALLY LOCATED IN A RESIDENTIAL AREA AND MANY OTHER CITIES HAVE ALSO CHOSEN THAT CPTION, THERE SHOULDB&y^ROBLEM WITH AN APPROPRIATELY SIZED NEW FACILITY AT THE PRESENT SlItTAQRFPftR DIS aqppfi S. MOVING THE OTY FACILITY TO THE NORTHERN LOW DENSITY EDGE OF ORONO SEEMS TO MAKE MUCH SENSE AS MOVING THE MINNESOTA STATE CAPITAL TO HIBBING, MINNESOTA ------REE)sTJC PREPARED BY THE ORONO TAXPAYERS ASSOCIATION AND OTHER CONCERNED CITIZENS I oesodotion ofmetropolitan municipalities B U L L ^I1M MAY 1 •IDI ‘ ‘ 1991 AMM ANNUAL MEETING WHEN: Thursday, May 30,1991 WHERE Earle Brown HeriUge Center 6155 Earle Brown Drive Brooklyn Center, Minnesota 55430 5:30 p.m. Social Hour (Cash bar) 6:30 p.m. Deluxe Buffet (Carved Round of Beef, Roast Chicktn Breast, Savoyed potatoes, salads, desserts and more) 7:30 p.m. Annual Businesr Meeting Cost $23 per person Social hour, dinner and business meeting in the Estate/Captains rooms ‘spouses, SIGNinCANT OTHERS AND GUESTS ARE WELCOMED! 1. Dinner resenrations to Carol Williams (227-4008) no later than Thursday, May 23, 1991. (Rmervations are not needed if you plan to attend the business meeting portion only Please channel all rttervations through the office of your dty Manager/Adminisf a-' Z Whafs going on %vith the Metropolitan Council? Will it assume more authority aver the Re­ gional Tiansit Board? Will it exist after 1993? Please come to the meeting and learn first-hand from Met Council Chair Mary Anderson • a former AMM president - about what changes may be m store for the Met Couicil as a result of the new party controlling the Governor's Office. 3. What dty official wouldn't like saving time and money resolving a dispute, while building up some goodwill? Plan on attending an afternoon workshop on alternative dispute resolution. The AMM, in conjunction with the State Office of Dispute Resolution and the Mediation Center, is sponsoring a workshop on the basics of alternative dispute resolution, specifically mediation The workshop %vill be from 2:30 to 5 p.m. Please call Carol Williams (227-4008) to sign up for the work­ shop. YOU DO SOT NEED TO ATTEND THE ANNUAL MEETING TO ATTEND THE WORKSHOP, AND VICE VERSA. See Map and meeting agenda on reverse DISTRIBUTION NOTE This notice has been mailed to Mayors. Council members and Managers/Administrators individually. 183 university -ivenue east st onul minresola 55101 i6i2i 227-4008 N omina n\c C ommittee R eport TO: Member citv officials FROM: Walt Fehst Chair RE: Committee Recommendations The committee has completed its work and respectfully recommends the following persons for your consideration, pursuant tc by-law Article DC, section 3. For PRESIDENT: Bob Long, Council member. St Paul For Vice-President : Karen Anderson, Council member, Minnetonka For Board Directors (Eight to be elected for two year terms): *BiU Barnhart *Richard Enrooth *Ken MaNe *FrankOngaro Barbara Peterson *Craig Rapp Tom Spies Brenda Thorr.as • ■ Incumbent Coordinator’s Office Council member Mayor May' '•’s Office Mayor Manager Council member Council member C ontinuing Board members (One year remaining in term): Don Ashworth 'ill Bums Mn Campbell 'omEgar Dave Childs Betty McCollum Gloria Vierling Gene White Past PRESIDENT: Larry Bakken Manager Manager Council member Mayor Manager Council member Council member Council member Mayor N c-^nattnc C ommittee Members : W'alt Fehst, Chair Bill Buth Joan Campbell JoAraie Crowe Marie Nagel Dave Urunacht Ken Wolf Manager Council member Council member Council member Manager Manager Council member Minneapolis St. Anthony Woodburv St Paul Orono Brooklyn Park Bloomington Rose'ille Chanhassen Fridlev Minneapolis Eagan New Brighton North St Paul Shak «e Pnor Lake Golden Valiev Robbinsdale Cottage Grove Minneapolis Arden Hills Anoka Prior Lakt Burnsville m ^ A? ■ P ■ What do you do when your constituents bark loudSi than their dogs? i,, M . .V fe^"i ipr'vjiij ^ £#,?» .v^‘•yvv.••v•^ MEDIATION: A community solution that saves you time, money and headaches When you register for the Association of Metropolitan Municipalities' Annual Meeting, plan on attending a workshop that will include a peer panel discussion and a mock mediation situation and will examine the who, what, where, when, why and how of mediation. (You are not required to attend the annual meeting to attend the mediation workshop, and vice versa.) Thursday, May 30,1991 Earlt> Brown Heritage Center, Morgan and Belgian rooms 2:30 p.m. to 5 p.m. This workshop is designed for city officials who may be called upon to settle conflicts during the course of their job responsibilities (elective or administrative). Please call the Association of Metropolitan Municipalities, 227-4008, to reserve your seat now! ProF^r. ted by the Asbociation of Metropolitan Municipalities, the State Office of Dispute Resolution, and Mediation Cente*^ si Ih- i|;.t ,|V ifi JS mlMMi B HSjf !i IH WiaStj^if}h! lH-::f,nira5i;s m ■r,•- r* 5 " r5V:.-5 : -c I Mrilfjr th«t Uilt t« • trxi" tivi r9m<*t rvptvzakiati'x. >fi a . .rvj> *.t.« l«vti4*r(«i ‘ r ti«t ^r( of Vm DbrlSavat ^uarUr «r «■• aMtliiMot rnrlvr »r SmIImi IC, Taw«alili> 117 n^rth, la.iiiii i: W»t . r ih- ;th ft nclml N»vl*U»( iaaarlM M r<M.iw«rlm li a |«lBi as U»-> aMi Uia* I'T a.iJ <«riWaaai wai a.«rt«» n*A»% «M« tortl. Tr^ Um, Sa«ttMN«t comar «r aaU ^fmrUr *r %km ^rtari Hmw* kai i««li Um SwKh It** •! aal«»«l <|Mart«r tt Uw SiiwtlMat lutrtor • Mat-mea •f SI) ra«t to tto istab «r toclMtoc t ISa *»«torW Mto •*MOTito4| Mm»« Karto ismlUl toUi «to toai Um •r tall HMtowaaS 9t tto tostowaai 'iMrSar a <iaSata af Vn,4)S laati tkasra aaai fsf^iial alto iha •aatli llaa af aaM toaUMMl fMator af th<’ toallaiaat <iaBrWr a klalaara of 3 Tvaii toaaaa lurtk paisilal alto •iH kaal llM a Matoaaa a« U7.«A) tmU toaaaa toat aaralUl atUi aaia Saato itaa to a »aln« M faat baai- •alf iMaaaraa al ricki aaglaa f*aa tto W«a(arl> H|ki-af«aa/ l|a« af tka ■arllactoa Rartoara toUiaaRi tkaa<^ •tottorljr (stallal alto aalR Mtotorly rlcki-ar«aa» Hna to a aalal om a Um 4r «jn |«raa ; aiu ti« ;»nto llaa aff ^•'IJ B>i*>sa»l •.'srtor *»f toa >> ttkwxai |aa«t>T ir.l T*m\ Tk^*- , • V ' Vtl I'.:* ‘ «.1J ,*rtrr f *.»■•• '■< utkai**. fi’r*-:- '’r-r •' ■ •• n-i .1 .-airl-i * U* i- fuartor: to:*. alto >»«•• •- ! •!! • .tirl* •(,;.> • ..x^ •al'i ViT't-tl./ t ICkt-ol«i#t/ Una •" ar In*, tr. •»»<‘.••n *!•' a i!-.’ Iraai t;-.*. ...-all- I x!*.' to- .•• ' l.i.u . !l na*rtor of if a ;/>u'.Kwart t Irw. •?. , **•* i *’ • " toal al *a Ual-to»crli«4 aarr'.l.,l • t- ll. • t.'n* r . |kt *>t toa Uaaitoa aC ali kajHlati toaraoa, at«l all alaIbU aarr aatoan'a tr>t. «r oa aa|4 laM. Ikr laapiaaa af tola aaaaai, toa Maal Hna of toa tortoaaal laarlat af tto axtttoaal awartor toa toaa aaairW %i la tto llaa as aatokllakH bf aar<natint .mi aUflac, as Initcilxt • n Mir al'- . • . I IS f ai a I awMM MS. B«: gr a ; llwti f‘!l|t ^ ___ I ......... r«'!! ill * U . ■ 1 .1 ' . all rl t f| M'C, !■ . ! .Jb«|t< .1 t| t'l-Atki I 1 ‘ lua. n« L.«.t • I'll f.us* «t*i i 1 hereby certify that thla la a tru'* and correct rupresontutiott ul a i;i.rvj> j1 thu IvundarU^ if thnt art of »e Ilorlhoaat quarter of the Southwest quarter of Section 10, To'.nshiu U7 Nortl., 23 Wett of th-^'^th Principal lorldian. descrlbod as co.,Mi..ncIn,, it a point on the West lino of ould .iortheust ouarlor of tt.o South­ west quarter dlatarit 515.625 foet North from tho Southwest corner of sulJ tlorthuust quarter of Ui« Southwest E“st pntallol with the South Una of sold Ilorthoust qis.rtcr of Uia Southwest quarter a dlst.nce or 513 feel to the point of beclnnlng of tho property bulnf doscrlbed; thence North ixirullal with the heat line 25 Norlhoast qunrtor of the Southwest quarter a distance of 70.635 foot; thence Ueat iiariillel with the la . Northoaet quai tor of the Southwest quarter a dlstanco of 2 feot; thanco North pemUol with Mid l*aBt line a distance of 117.665 feot; thence Bust ixirallol with said South line to a |.oliiV 52 feet West- •rly nooBured at rlcht aneloa from the Woplerly rlght-of-uay Unu of the Burllneton Northern lluilroad! thence Southerly parollol with said Uoaterly rlcht-of-uay line to a point on u line drawn ;arBll. i with the South lino of .rild Hoi.hcost c.jnrtor of Uio So-.thwoat juai tor ml 637.92-3 feet tloH/:, :—t.H..red .l->r.w the l.nst I ■-.o .,-ld Horthu:.n. qinrtcr ef too dcuthwact |iurtor f r-. r • S u’. hweV, k. ,M.erst ,-».rt=. t the .'Veth-est quarter; thence Eat t nrallnl with said S-uth Uno •- celd V. .lorly ri j-.ht-.,f -we ■ Une; :i vtr rly -ont MU. Nent-rly r Ifc-ht-of-w.;/ ll.ne *o an Inter, orllon wlV. a In.wr K;.ot p..vell..l w;th the w.' Line o- -.Id Herthenrt quarter of tl-o Southvocl .p«.rter fror. the point of l et;-:.-In,-; ,n,-o West ul-o..p sulu Usl-doscrUed pare.lot !!•• to tl.-.- ;a>lnt -.f b-q^lnniiiL, And of the locntlon of all buildlnca thereon, and all visible aiicrenchsKjnta (rom or on said land, nr purpoaea of thla aurvoy, the Wost lino of the Northeaat quarter of tho S-uthwost quarter haa boon aasuiwd to to tho lino an oatnbllahod by occinYitiot, and stoking, as indlcUt jd on the abn.e pUt cot FIH & GnONDERCi. INC. Sr-ili: I Inch = loot Ifitc : V t, O ! Iron cYirkcr l-i-k f, Gi-onUri; ileg. K, .l.'VeJ 't«aiid purveyors and J'lofinen. l/Ji'S L.Ke, Kliinueuta i-\^ - ■ ■f'" * V *•.. ■‘:‘V ': ■ ;• ■' *. f fU- ^ ’i^’J ' **Syr esx:bsuw«i-.^*n-'s^^ frlMIl^t'Wrtd^, «*W«4bMl •• l b —bb Ibk «t • paint «i* tha Hrci **?*•*•? rf”! A^fMt Pbrth t^mVM SiittiWBt toyr of ^4 j**,**|^ •r Ml#i»rtliMirt wirtiii'^r u» lnilw*«t ^mrimr ■ dlvUnw *f W^Jj (drti. jKiJt quu-tor of tJM teMln-st <|.-«rt«r • dlOte«M if |S?s5riS. . U^669 ft, th^f» p-iw with o.M._t<^ orX» wdioTiil ot Tight ««glM f*on the Metorlf rlU»t-of-x*r lino of ^ ytfUhgh^ thlBfy Jf go^fUr ponllol p«l« »tUrl7 rlght-of-e-y'* of nii ttei-thooot quort. *■ •• - - ^ - - .... «» Borthoost q«ort»r of th % Rorthongi mUr of th ■MrUrt Itoaoo Biot poftUol Htth tho sooth lino of ofeii kortlMoot ouoftfr « S Se»4i2.I?w2’«-’S'tol^.i%5C fis VHAOO oowwoa^ »» J ^ -- XlttA '-O ~ —^ ^ ^w- y— ^ ■orthooot qwnt'^r of tho; hooUivoot qoortor froo t^s Souihwoet eoraar of to ho^rlL:^?^:t^sI2;4'5 sKu^r.rn5r,iS >v"- "'■■' t flo. lin-h-sofhot 7 hkto I . ;,;ZrMMiBof; ’9*ISS:® S3 --------- 7T i J?A • I p —I I A'STH.u .tI I Fi>LLBi:.j r n KVJP <5je\DeK. L- J L_________I ^ T0»j PjCKrUP ir- ii 1 PICK- L)P 1' if 'ir1-------------- ' TDM [ I Pick.- up . 1 ______1 m Tcm PtCK. - OP _ ._. _ _l. M\ i ■X 6 ' I TPNJ I PICK,- UP 1_______ ~ir I' II -JL T| 51 1 Te-f-J Pl-t-i, - L?P ■nR.\6nt)K Lr^vL^aU 1 r K >t tJo£ CACKHoe: Tvwrr emd r ~ir nDL>MP ____j DUMP tywc.K II "j T| h ______1.1 — 'I .M ■It’ &SU\P. *oTDRA<Se B.LD c3, fo«o Lli 'Y g>p *T= Q<gOK)C). MKJ. <^esT^^> J BUILDING SYSTEMS i<2SD> Diy^M^7 DATE:i6; i 5/u/ll From MM, 1-800 SS2-U92 Oui«iM«. l-800-32»-5860 CHECKED BY! SC^E: I ' \o' JOB NUMBTR: FACE cr to*c> %lA •5 f<\ Kj Ctruricateof Survey for/WMlrew McOeraott Of lot I. Block I and Outlot 2. Mlt#r».|>ort HMwepin County, Minnesota I I hir.<l.y certify Ih4i ihit is a true and correct representation of a survey of the boimlartes of lot I uith a nooeiciusive easeoent for ingress and egress over Outlots I and J all in halt^s.Py t according to the recorded plat thereof. The fast boundary line of said plat is oark^ bt deUs. driveuay and luo pow'r poles. It does not purport to shoe any other lagirovewnts or entroachiw^ls •ate ;4-»-87 Scale:I* . 4C 0 Iron oarker• «»« :Miciai landnart JJg-B .Spot elevation corfih a CMMuw. ik. Engineers, land Surveyors, K«»ner% long lake. Hinnesata r trnkm. ";^- iRi ^Vf 7/-SS (■<t) .. ' v: v mm nW^ n narrf^ ^or^B d/^/\/& - d>ron^:?. mn ■rk. <y* I"-3e>-€> T/* t>oL/*rton& P^ofos6o Pes/oeinc^ HA/v>comK~. f^m Pfitv£u^'r M^fiOcCKW--------------/»f^sr. P*nef/i,wsa*no9 M/v<o<sevm/^. ^rOTPL. opTXYjpc nrats f/flpDcbtap 023(2^ AT. cpt*4^ rnmnwcnte^ 9^ Bw<idir>6ConForirt)on lB««AMlpnefcom 8(\d. Vit/ata Mlrwaaote ■<»!"a . ■ mm ,# % - ^ ■.fe > ( ..# cm t'*‘ ' »i4T »%•• \ .Z 7' ItUATmr^sH^ y AfCM,. Ho<*s^-netfoscu