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Home My WebLink About05-28-1991 Council Packetrl • L’. I- u AGENDA FOR COUNCIL MEETING SET FOR TUESDAY, MAY 28, 1991, (*)Asterisk items are considered to be routine items enacted upon by one motion by the City Council under^thaCj^ Consent Item* on the agenda. Discussion will be request. Memos regarding each of the Agenda it%^^ax^ available in the Public Packet which may be obta i ned^bjjg'’^ request from the Recorder. ROLL CALL % 1. CONSENT AGENDA* 2. Certificate of Achievement - Officer Jay Dembouski 3, PUBLIC HEARING - Navarre Heights Storm Sewer Improvement - Special Assessment - Resolution APPROVAL OF HIMOTES * 4. Regular Meeting of May 13, 1991 * 5. Reconvened Board of Review Meeting of May 13, 1991 LAKE NIHIIBTOaKA CONSERVATION DISTRICT REPORT - JoEllen Hurt PUBLIC COHHBHTS - (Liait 5 Minutes Per Person) SORING ADHIHISTRATOR'S REPORT **APPLICAHTS** iMediately after the Council has reviewed your application please sign the three (3) original resolutions at the Recorder's desk. Applicants need not execute resolutions for subdivisions, vacations and denials. 6. 7. 8. 9. # 1555 E.W. Blanch, Jt., 2501 Old Beach Road - Request to Amend Resolution #2947 - Final Plat Approval #1641 Richard Keaveny, 3145 Shoreline Drive - Commercial Site Plan #1643 David J. Nelson, 740 Willow Drive South - Renewal Variance - Resolution Hardcover Status of Weed Control Fabrics HATOR/COUHCIL REPORT 10. Joint Council/Planning Commission Meeting - June 12, 1991, 5:30 p.m. CITT AOHIHISTRATOR'S REPORT 11. #1497 Gerald Toberman, 1960 Shoreline Drive City Facilities Public Safety Discussion Lake Use Committee Police Chief Selection Highway 12 Corridor Study Golf Course - Policy for Golf Rounds Liquor Violation Review Process Municipal Board Process Highway 12 - Sewer/Water - 2160 Wayzata Blvd. - Damage Claim* 12. 13. 14. 15. 16. 17. Jf: 20. [; i- AGENDA FOR COUNCIL MEETING SET FOR TUESDAY, MAY 28, 1991, 7:90 P.M.CITY ADMINISTRATOR'S REPORT Continued* 21. Certificate of Ach i e v e.Tien t - Officer Jay Dembouski - Resolution Salary Adjustment - Patrol Officer Jay Dembouski Resignation - Officer Timothy Roberts Water Fowl Removal - Pheasant Lawn ADMINISTRATOR'S INFORMATION Clean Up Day Wire Transfers * * * * 22. 23. v24. 25. CITY ATTORNBY'S REPORT LICENSES (26*) BILLS (27*) AOJOORMIIENT OKONING ISSUES AND EVENTS IS/37 - Holiday - Memorial Day 05/28 - Council Meeting - Tuesday 06/04 - Park Commission 06/10 - Council Meeting 06/17 - Planning Commission 06/19 - Joint Council/Planning Commission 06/24 - Council Meeting - 5:30 P.M. :■ •- 5/ 3i ef»' Council PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE bi/Ql P’’EASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS NAME (please print)ADDRESS NAME OR NUMBER PRESENT FOR (from agenda) 1.l.’Co 5//--2-r 2- . l7^)l 7'i^ itd.rs #y«^ 3- C*Va^ ^ w.. —------------ f 4. > '^'u'y^/f ^ —s J '7c ' <!^ -/1 '/ a3 1 7'Z' />--7 5 ^ iavw-i4-vAA^ W w (Jt If A 6/Ty^rk S)'^.v 3^'/c/,■ r.c ./ / - ^ u J .( 10.CCx^rrz ft j 13. /lyAf. ?Y5V vy a, fuM-. 18. V.7^-^«vs Vf^y ! n f Ji' iCrttit fibf / ■s 5 ^.3 ^ 7 w L; ^3 A 5Council PUBLIC ATTENDANCE ->■ fc'’ r b'I? rl'"'- F'" fe:-fe ’: I i':. M' li:ti: J- LT!v:i:' it -V t>. *"cmr OF OPIONO ___«»!«*? "KS£??-T~*“A88t88MfNT TO WHOM IT l*AV 00*«"»!«• — •• # f CM. .WO»!»g •"r^cwS:: * M Tta UM» -H» Vid 20, 1901) Affidavit of Publication state of Minnesota. County of Hennepin Bill Holm, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as THE LAKER. Mound. Min nesota. and has full knowledge of the facts which are stated below; A.) The newspaper has complied with all the require ments constituting qualifications as a qualified newspaper, as provided by Minnesota Statute 331A.02. 331A.07. and other applicabie laws, as amended. B .) The printori ^LdjdCtUj, ■' ! fhdt' Afe '/!/JLJjpi T which is attached was cut from the columns of said newspaper, and wa printed and published once each week for _____^__________successive weeks: It was first published Mon the II a aj. and was thereafter printer! a^d published every Monday, to and including ,^^day. the w day of ^thorized Agent marietta a STRAUS ^CTARV PU8LC CARVER COUNTY WV COWMiS6>ON EXPiHES >t*ti Subscribed and sworn to me on this ;iv day nl . {\ J^d Notary Public Rate Information 11) Lowest ciassilled rate paid by commercial users for compare- t\e space *10 40 per inch (2) MaMimum rete eNowed try lew for MMve mener : $10 40 per Inch (3) Rate iCtuaHy charged for atxwe matter: S3 48 per inch Each additional succetaive week S3 88 per inch -V il'- ■’I* ,1 rr- f^r . . fe. Ir 3 TO: FROM: DATE: Mayor and City Council Mark E. Bernhardson, City Administrato May 17, 1991 51^91.11 ^X S> SUBJECT: Navarre Heights Storm Sewer Improvement Attachment:A. Navarre Heights Storm Sewer Bids Dated 5/3/91 B. Navarre Heights Storm Sewer Memo Dated 3/20/91 C. Letter From Navarre Heights Neighborhood Dated 5/20/91 D. Proposed Assessment Roll ISSUE - 1. Holding public hearing regarding the project in the Navarre Heights area. 2. If special assessment is to be the means for funding it, adoption of a special assessment roll prior to bid award. 3. Direction to staff to determine the number of appeals submitted in relationship prior to determining if project goes ahead. INTRODUCTION - As set forth at the Council's March 25, 1991 meeting staff was directed to go ahead and obtain bids for the project which as you will note are about $5,000 under tb* estimate by the Engineer at the time the bids went ont and $5,500 below the original project. Individual notices wei? sent to the people in the area for the total assessment on the ftoject. DISCUSSION - The listing for each of the properties for special assessment is outlined in the amount which can be funded over 10 to 15 year period. Alternative methods of funding such a project in part and in total have been discussed which include: A. City participation in funding. B. Establishment of a storm sewer district. At this time a storm sewer district has not been formally established although the City could go ahead with the project with the amount not funded by special assessments either to be funded out of the General Fund both short and long term or utilization of internal sources to fund it initially to be paid back should a storm sewer district be established. (It is anticipated that further information regarding storm sewer district could be given to Council within the next 2 to 4 weeks.) Attachment C represents a survey of the neighborhood as to who favors the project. Given the status of the initial petition and withdrawals. 'U' '>i... H 'I.-:’'y' 1--- r •-•'• '■ ■' < I’• ►j- ■i.‘ K Jr n:y-. ;-i-., I adoption of the special assessment would require 4/3's vote. ALTERNATIVES - PUBLIC HEARING 1. Hold a public hearing 2. Close the public hearing 3. Continue the public hearing ADOPTION OF SPECIAL ASSESSMENT ROLL 1. Adopt the roll 2. Reduce and adopt 3. Continuation of the public hearing on the matter to a subsequent Council meeting. 4. Fund through different means RECOMMENDATION <- It is recommended that once the Council has held the public hearing that they determine the amount to be funded by a special assessment and adopt that amount awaiting what appeals may be received on the special assessments. Should the Council desire to fund a portion or all of the project of this through other than special assessments it is recommended that staff be directed to do further work on establishment of a Navarre Area as a storm sewer drainage area and that allowance be made so that City funding of this project could be paid for through the establishment of a storm sewer district. PROPOSED MOTION - Moved by seconded by Council adopts the special assessment roll tabling consideration of bids until the expiration of the 30 day period and table to the Council's July 8r 194 1 Council meeting. Ayes , Nays Our File Ho f MAVARRE HEIGHTS STORM SEVER ORONOjMN. BID TIMErlOsQOAM C.S.D.7. BID DATEzMAY 3RD. 1991 1. 2. 3. 4. 5. 8. 7. i. 9. 10. 11. 12. 13. 14. 15. COWTHACTORS PENN CONT. INC. REDSTONE CONST. LATOUR CONST. KUSSKZ CONST. r.F.JEDLICXI POLE SEVER 4 WATER B. S D. UNDERGROUND O.L. CONT. DAVE PERKINS CONT. INC. MIDWEST ASPHALT FCCI TOTAL BASE BID EDglOMrs Estla«t« $23,000 * • 30,964.50 (7) 21,350.00 (2) 23.301.25 (3) 20.139.00 (1) 2«^ . 155.10 (5) JA.H44.00 (4) 11 114.00 ffl) 't #•I- I. r-; IL' t:*5 :,■ >V<’ -; .•• l: ' •,' •; :' TOs PROM: DATBs Mayor and City Council jlirnCiUM^r -£> Mark E, Bernhaxuson, City Administrator March 20, 1991 SaBJBCTi Navarre Heights Storm Sewer Attachment:A. Navarre Heights Drainage. Memo Dated 11/8/90 B. Navarre Heights Storm Sewer Memo Dated 12/4/90 C. Mitchell Letter Dated 12/7/90 D. Gleekel Letter Dated 12/27/90 E. Letter to Residents Dated 3/13/91 ISSUE - 1. Hold a project public hearing for the proposed public project. 2. Determine if Council desires to proceed further with the project. 3, If Council decides to proceed further, that they accept the plans and specifications as presented and direct staff to seek bids on the project. 4. Determine means proposed for financing the project. INTRODUCTION - At the Council's December 10, 1990 Council meeting the public hearing was postponed originally until February 11, 1991 when it was hoped that the new Council would have 5 members, because of the fact that a new CounciImember was just selected at that meeting the public hearing was further postponed until March 25, 1991. A letter to that effect was transmitted to all the persons within the utility district. Subsequently a letter was sent to renotify people of the upcoming March 25, 1991 continued public hearing. At the December 10, 1990 Council meeting there was also a question regarding the drainage on Togo Road that had been raised previously. Based on staff's review of the issue, while there My be soaie aiinor corrections that need to be done on this these are unrelated to this project per se. As such staff will work with the residents to determine if this can be corrected. DISCUSSION Issues #2 and 3 * Should the Council decide to proceed with this project, the following steps would need to be taken: 1. Advertisement for bids. 2. Receipt of bids. 3. Assessment hearing. r I if'. i. Havarre Heights Storm Sewer March 20, 1991 Page 2 of 3 4. Wait 30 days to determine level of appeals. 5. Determine if Council wants to order the project, after the appeal period. Issue #4 “ Financing - To the extent that the Council desires to f«5d~so5e*”or all of this through an assessment or other means of financing such as an ad valor\am utility district these should be established prior to: A. Undertaking the project or B. The financing relating to any special assessment. would be appropriate if either of the other avenues are used that the Council direct the Attorney to develop a process for establishing such district in relationship to this project going forward• ALTBRMATIVBS • 1. Bold a public hearing 2. Close a public hearing. 3. Continue the public hearing. Issue #2 and f3 - Continuation of Project 1. Table. 2. Direct that plans and specifications be accepted and bids be taken. 3. Indicate that no further work be done on the project. Issue #4 1. Special assessment. 2. Ad valorum district. 3. Storm sewer utility 4. Combination. «C. ^ U. i. r I f- - r-' > F? I'S'l Vr t ,a' Navarre Heights Storm Sewer March 20# 1991 Page 3 of 3 RBCOMMENDATION - It is recommended that the Council make initial comments on what they feel would be an appropriate financing of this and that if interesed in the project going forward that Council direct plans and specifications be approved and that the City advertise for bids. It is anticipated that these bids would be presented to Council at its May 13, ISi'l Council meeting. It is additionally recommended that if Council has a desire to go with the sepcial assessment that the public hearing for the special assessment be held at that time. The Council can then wait the 30 days to determine what appeals, if any, would be coming in and then corid determine whether they will order the project in or not. It is suggested for the Engineer that the closing date for tne bids be one week before the public hearing and that they be valid for 60 days. PROPOSED MOTION - Moved by seconded by that the Council after conducting and closing the public hearing direct staff to undertake advertisement for bids to close May 8, 1991 and that such bids be valid for a minimum of 60 days during which time the Council can hold a public hearing and if desired adopt a special assessment to give the 30 day waiting period prior to determination as to whether the project should be undertaken or not. Ayes , Nays CCS John R. Gerhardson, Public Works Director Karen Cuff, 3572 Livingston Avenue, Wayzata 55391 Tony Gleekel, 100 Washington Sq Bldg, Mpls 55401 Robert Mitchell, Lindquist 6 Vennum, 740 East Lake St, Wayzata 55391 y . J u -r I- i.r- *r r ■ -: F.-'- i-r"' It: i'' V u. P-- !ri- ii' wArr/KJf/iK^ ^ Mav 20, 1991 DjC orrcf GACMOUlt qpw jniuisaQ^^^^ Mayor and Coun''il Members City of Orono Box 66 Crystal Bay, Minnesota 55323 MAY 2 0 1931 Honorable Mayor and Members of the Council; The attached poll/petition and color-coded maps are being sub mitted to you for consideration when making your decision on whether to proceed with the proposed Navarre storm sewer project Por ease of figuring, we have dropped the Schaad lot (uncommited) which it appears would have about a 1/4 lot assessment. The follow ing summarizes the map's information by individual numbers and percentage: For Against Neutral/ Uncommitted Total Property Owners 6 19 4 -by %21%66%13%100% Number of Lots 8 34 5 47 -by %17%72%10%99% We would hope that you would all give serious consideration to our opinions with regard to this matter. Thank you. sincerely. (Mrs.) Beth Escher (Mrs.) Shirley Spalding “V We the undersigned, who would be assessed for ohe Navarre Hts. storr. sewer project, oppose one pla.ns and intend to appeal any assessment nade to our properties for the work. We feel tne primary benefit is limited to the property at 3572 Livingston Ave. Name :Address :Date: ;U i4/sc/u^.____ ^ - /<-' ■ ‘fo Cdbu.iCi%__ \ vV ■ >j C>^or^"_lo7^ i -H.C 36?^ CAr-i f/J..... J <7^ l^-j_3 - 5o > A 3CuirA Rl,r a 1 • -2 /\ • Jo/sio/ 9 O / -ip-^r/c; ->ri •*^-**' /L / 3£l?s (ZAjC^a I ' 9 a s-f?'90 ' PQ, 2^.^ def p^a,c^ NOTE: The last signature on this page is a new one. Mr. Paige did sign the Cuff's petition in 1989 in favor but has since j ^ tn 1 n ^ - - *#** •isW li »• flftfim 4ii«i l*MII feon'f C/lYiSrAc PcAct???? «l6fO ♦++ + tyi* •§9V 4nf^ Ci + ++•♦• !• + + •♦• + • 9 • • «U55f vOTAA • W6i > '«• (¥m\. *Mi. PkTat&*> * 3S5^ **** CkW ^fMKg, *»35J® «•CUftT **«* *###ll***^ ITjSW ♦ iwt nuAVHft *iSo6 « Z TON Av^- -TVWVYVmi|???7 '■¥■¥■¥■¥Ik"* * * <****♦ ♦++ 1.«1«11 . ^Hm 0i54\ Itum ««A0 l&tAS (.6iu.itf OpMiA 0-^tMA PMMtf -_ «15J3 P»Tt« tlieftCiJ 1 i . - % It). OOi«M I P^posui Ass£ss/rte/ifr A/A\lApit( pTsS ^7g£/W PpOyJPCT Y± > •*** OiNOaeO 78 pPO^l€C,T ♦+♦♦ *//U fAM§A Ofi fiPootcf 777? • f/e»TNiL/utfcpmAnreO OiV^^AC Pi-ASiid *^r. /iiAf-r 0j¥Si ^—Lu*0 n9*SiC- aOUC9f“ ???? ????0JV/J/(N»l **** #Af7J k***«^+ + + 1 + + + ■»- jr4Af. AHimM ???? 1 - V tneuL ASSBSSMprr roll rrs 8Tom stim improvi* u-'- PID PARCEL MT LOT BLOCK ADDITION 17 117 23 43 0008 17 117 23 43 0011 17 117 23 43 0017 17 117 23 43 0028 17 117 23 43 0034 17 117 23 43 0041 17 117 23 43 0009 17 117 23 43 0012 17 117 23 43 002C 17 117 23 43 0032 17 117 23 43 0035 17 117 23 43 0042 17 117 23 43 0010 17 117 23 43 0016 17 117 23 43 0027 17 117 23 43 0033 17 117 23 43 0040 17 117 23 43 0043 17 117 23 43 0044 17 U7 23 43 0047 irr/ld0ai^r h SQ. FT,AREA TOTAL ASSESSM 6632.5 0.15 $ 568.75 6600.0 0.15 $ 568.75 1000.0 0.02 $ 75.83 14314.0 0.33 $1,251.25 13200.0 0.30 $1,137.50 6600.0 O.IS $ 568.75 6582.5 0.15 $ 568.75 13382.0 0.31 $1,175.42 6945.0 0.16 $ 606.67 7430.0 0.17 $ 644.59 6600.0 0.15 $ 568.75 13200.0 0.30 $1,137.50 6572.5 0.15 $ 568.75 7000.0 0.16 $ 606.67 14072.0 0.32 $1,213.34 7463.0 0.17 $ 644.59 13200.0 0.30 $1,137.50 6725.0 0.15 $ 568.75 13450.0 0.31 $1,175.42 6725.0 0.15 $ 568.75 4 7$■ =>• ■ r % =J: ■■ •? -•*,f w .- :[-■' L*V- -fe- <■ > I :/v. ■■ r:: MINUTES OF THE REGULAR ORONO COUNCIL MEETINGHELD MAY 13, 1991 May ROLL CALL: ’VLa**.The Council met on the above date with the fol present: Mayor Barbara Peterson, Councilmembers J. Goetten, Edward Callahan. Gabriel Jabbour and Mary Butler. Tne following represented the City Staff: City Administrator Mark Bernhardson, Building aid Zoning Administrator Jeanne M.ibusth, Public Works Director John Gerhardson, Assistan* Planning and Zoning Administrator Michael Gaffron, City Attorney Thomas Barrett, City Engineer Glenn Cook, and City Recorder Laurie Scheffler. Mayor Peterson called the m-.!eting to order at 7:10 io !Hl!0 b»ll - • 1 p.m (il*)CONSBNT AGENDA: It was moved by Goetten, seconded b/ Butler, to approve the Consent Agenda as presented All voted aye. Motion passed. APPROVAL OF MINUTES: (|3*)REGULAR MEETING OF APRIL 22, 1991 It was moved by Goetten, seconded by Butler, to approve the Minutes of the Regular Council Meeting held April 20, 1991. All voted aye. Motion passed. (#4*)BOARD OF REVIEW MEETING OF APRIL 30, 1991 It was moved by Goetten, seconded by Butler, to approve the Minutes of the Board of Review Meeting held April 30, 1991. All voted aye. Motion passed. PLANNING COMMISSION COMMENTS: Planning Ct^nmission Representative. Sara Moos, had no comments at this point in the meeting. was present, but PUBLIC COMMENTS: Alan Nettles - Asked Council to reconsider the Corditional Usje to the Toberman property located at on Court of Appeal a decisions Permit granted in relation 1960 Shoreline Drive, based recently made. Nettles also advised that there is now case law stemming from the County of Isanti v. Mary Ann Peterson case, which addresses the issue of voluntary/involuntary abandonment of an activity for which a Conditional Use Permit was granted. Bill Wear - Stated that there is an outstanding bill in the amount of $300 involving damage to a power line that resulted from the installation of water aid sewer lines in front of his property. He asked the City to pay the outstanding bill and to also replace the judicial markers that were removed. Don Germanson (President of the Lake Minnetonka Lakeshoreowner's Association), invited Council to attend a gathering at the Pillsbury home Sunday, May 19, 1991, from 1:00 p.m. to 4:00 p.m. - 1 - • 'r. I.' .r f- ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 ZONING ADMINISTRATOR'S REPORT: (#5*)ZONING FILE #16^6-TIM TRAFF 2683 NORTH SHORE DRIVE VARIANCE-RESOLUTION #2960 It was moved by Goetten, seconded by Butler, to adopt Resolution #2960, granting lot width, lot area, and side yard setback Variances to construct a new home at 2ti83 North Snore Drive. All voted aye. Motion passed. (#6)ZONING FILE #1629-MCNULTY CONSTRUCTION 1700 FOX STREET VARIANCE-RESOLUTION *2961 Jim McNulty was present. It was moved by Callahan, seconded by Mayor Peterson, to adopt Resolution #2961, granting Variances required to construct an addition to an existing oversized accessory structure located at 1700 Fox Street. Motion, Ayes-4, Butler, Nay. Motion passed. (•7)ZONING FILE «1631-CHARLES « ANN HOMMEYER 475 LINDEN AVENUE VARIANCE RESOLUTION #2962 Charles and Ann Hommeyer were present. Bernhardson gave a brief explanation of the Hommeyer's request, noting that it is a renewal Variance, and everything set forth in Resolution #2300 would apply, with the exception of a recommended revision, excluding the condition pertaining to payment of a $390.00 Park Dedication Fee. Butler asked if it is necessary for the property owners to re-apply for this Variance. Mabusth advised that this is the ftrst Variance renewal request the Hommeyer's have made. The prior applications for lot area Variance were submitted by previous property owners. Mr. Hommeyer added that he has an option to purchase the property, and that the purchase price is based on the property being a buildable lot at this time. He stated that before purchasing the lot, he wants assurance that it is in fact buildable. I>v'««»>eyer said, "I have no intention of building on this lot, anc’ buying it solely as a buffer." Mabusth farther advised that this Variance, if approved, would expire in one year, and that it may be more sensible for renewal to be sought at the time there are plans to develop the lot, unless there is a change in zoning. It was moved by Butler, seconded by Goetten, to adopt Resolution #2962, granting a renewal of a lot area Variance - 2 - .i:, Kr-»'' i >■ 'f;.^ I-■b hi 5* 0:: .i'' , ► V •■ f- t ■k' . I ■ I; ;i; LiL’: ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 (#7)ZONING FILE f1631-HOMMEYER CONTINUED originally granted Novenber 23, 198/. passed. A11 voted a /e Mv>tion (#8)ZONING FILE #1633-ANDREW MCDERMOTT 2702 WALTERS PORT LANE VARIANCE-RESOLUTION #2963 Andrew McDermott was present. Bernharc on r-sviewed t‘ie i??sues involved w.th Mi . McDermott's Variance request, as outlin«?d in Jeanne Mabusth's April 10, 1991 m:?mo. He noted that the Planning Commission recommended approval of this application. Goetten stated that hardcover in the 73-250 foot setback arsa exceeds what is allowed. She indicated that she would like to see the 5.57% of landscaping plastic removed in light of the McDermott's request to add hardcover to the property. ofCallahan stated that excess hardcover, in the form landscape areas with underlying plastic, is not allowed and is to be automatically removed. Goetten agreed with Callafan, and noted that the Planning Commission had not included removal of the landscaping plastic in their recommendation for this application. McDermott stated that his improvement plans do not include any improvements within the 73-250 foot setback area. Goetten indicated to Mr. McDermott, that in her opinion, a request to remove 5% excess hardcover from the 73-250 foot setback area was not asking too much, and would bring the hardcover percent closer to the 23% allowed for that area. Jabbour concurred with Goetten. "t was moved by Goetten, seconded by Jabbour, to a-.iopt Resolution 12963, as amended, to include language requiring the applicant tn remove 5.57% hardcover from the 73-250 foot setback area. Jabbour requested Staff to bring back for Council's review inforstation depicting alternatives to landscaping plastic that may be acceptable from a hardcover standpoint. All voted aye. Motion passed. <*9)ZONING FILE #1635-JOHN O'SULLIVAN/ERWIN SMITH 2420 8HA0Y1I00D ROAD VARIAMCB-COHHBRCIAL SITE PLAN-RESOLUTION 12964 John O'Sullivan was present. Bernhardson provided a brief explanation of the request to place an addition onto O'Sullivan's Service Station. - 3 - ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 («9)ZONING FILE #1635-0'SULLIVANS CONTINUED It was moved by Butler, seconded by Mayor ?*,-terson, to adopt resolution #2964, approving the Commercial Sita Plan, and granting a 3ide yard setback Variance, to construct an addition to the car wash facility locatad at 2420 Shadywood Road. Ail voted aye. Motion passed. (#10)ZONING PILE i1638-CITY OF ORONO 1385 BRONN ROAD SOUTH VARIAHCES It was moved by Jabbour, seconded by Mayor Peterson table this application. All voted aye. Motion passed. (ilDORDINANCE AHENDNENTS: SECTION 10.02-PACILITIES OF OTHER PUBLIC ENTITIES ORDINANCE #94, SECOND SERIES It was moved by Callahan, seconded by Butler, to adopt Ordinance #94, Second Series, amending Section 10.02 of the Municipal Zoning Code by adding a definition of municipal buildings or facilities. All voted aye. Motion passed. SECTION 10.61-TEMPORARY SIGNS It was m'.aved by Jabbour, seconded by Mayor Peterson, to refer this item back to thi Planning Commission for their review. All voted aye. Motion passed. ENGINEER'S REPORT: (#12*)NAVARRE HEIGHTS STORM SEWER-ACCEPT BIDS RESOLDTION #2965 It was moved by Goetten, seconded by Butler, to adopt Resolution #2965, accepting bids for the Navarr;* Heights storm sewer project. All voted aye. Motion passed. (#13)RBQOEST FOR PAYMENT #7-PUMPHOUSE #3 It was moved by Butler, seconded by Mayor Peterson, to approve Pay Request #7, for Richraar Construction, in the amount of $15,235.15, for the Pumphouse #3 project. All voted aye. Notion passed. NAYOR/COONCIL REPORT: (#14)JOINT COUNCIL/PLANNING COMMISSION MEETING Mayor Peterson stated that her son is going to be awarded a scholarship on the same evening scheduled for the Joint Council/Planning Commission meeting. It was also noted that May 21 was a School Board Election day, and that as such, the meeting cou.’.d not start until 8:01 p.m. Mayor Peterson apologized for the inconvenience of rescheduling. She asked Planning Commission Chair Kelley to poll the- Planning Commission members regarding another meeting date, and that she would then contact him. - 4 - ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 (#15*)LAKE MINNETONKA CABLE COMMUNICATIONS COMMISSION RESPONSE TO INQUIRY , It was moved by Gostten, seconded by Butler, t.o acKnowxeage receipt of the information from th=* La’;e Minnetonka Cable Communications Commission regarding issues raised oy Mr. Patrin at the Council’s April 8, 1991 Council meeting. All voted aye. Motion passed. OTHERCallahan suggested that the i^sue raised by Alan Nottles earlier this evening should be placed on the agenda for Council's next meetiag, and that the City Attorney provide his opinion of the new information at that time. It was also suggested that Jim Gilbert, Attorney for Mr. Toberman, bo advised that the issue will be reconsidered. Callahan also suggested that the issue of the Long L=>.ke Police Contract be included for discussion on the agenda for an upcoming Council meeting. Jabbour suggested that it would be more efficient CounciImembers received one agenda packet delivery. if Goetten concurred with Jabbour. difficult to keep track of what agenda been received. She stated that it is items have and have not Butler also agreed, adding that when she served as Mayor, she received one packet on Friday and that worked well. Mayor Peterson indicated that she had no objections receiving the entire packet at once, but preferred to have delivered before Friday. to it Jabbour suggested that Staff could parhaps deliver one packet on Thursday. CITY ADMINISTRATOR'S REPORT: (#16)CITY FACILITIES SITE SELECTION Steve Wilson and Charlie Kelley, Facilities Committee Chair and Planning Commission Chair, respectively, were present. Bernhardson presented Council with facility site recommendations from the Facilities Committee anu Planning Commission. He stated that both had recommended the Highway 1.2 site on which the City has an option. Mayor Peterson referred to a "Citizen’s Alert" notice that had been circulated throughout the Community. She stated that the first paragraph incorrectly states tiiat the mi:!eting this evening would be the last chance for the public to express their - 5 - li ,r i-::-L vT.^a, ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 (#16)CITY FACILITIES CONTINUED opinions on this issue. Mc>yor Peterson aavised ciat the only issue Council would consider a>id vore on this evening pertained to the facilities site. Sne further advised that there would be several additional Publics Hearings scheduled pertai .ng to the actual buildings and costs. John Farnham commended Council on their efforts to improve the facilities site selection process from that which was taking place Isst summer and fill. He stated that, in his opinion. Council was too dependent on its professional advisors. Farnham believed that the recommendation made by the Facilities Committee may not have represented a consensus of the entire Committee, nor did it represent the opinions of the Community at large. Farnham stated that there was no Press coverage, or Press Releases for the Facilities Committee and Planning Commission meetings, and felt that there has beeu a lack of communication between the City ai.d the Public. He asked that Council provide the residents with more information pertaining to all the factors that went into the recommendation, and to then have a referendum or poll to g«=t input from the general public. Mike Ellis, 1020 South Old Crystal Bay Road, disagreed with the statements made by Farnham, and indicated that he would like to see Council make a decision on a site so that the process can continue. Ellis stat«jd that he would like to see Council exercise their option on the Highway 11 property. Butler agreed with Mr, Ellis, that it is time for Council to make a decision and get on with the process. Rich Wysocki, 2770 Rainey Road, the property will be funded, and property will cost. asked how the purchase of how miich the Highway 11 Mayor Peterson replied, "The purchase price of the Highway 12 site is $292,000 and the City has set aside enough money to purchase that property if that site is selected." Jabbour indicated that he wished to respond to some of the statements made by Farnham. He stated that he sought election to the City Council because he did not believe there was sufficient communication between the City and its residents. Jabbour said, ■•I believe that this Council has gone to extensive measures to keep the Public apprised of what we are doing. Tne CounciImembers make themselves accessible to t-he public. I do not believe it is in the citizens' best interest to delay our site decision any longer. The economy is such that we are in an advantageous position at this time. I jrge my fellow CounciImembers not to adjourn this meeting until we have selected a site and given direction to Sraff to proceed with the project." - 6 - 1 I'' r'-- ''v-- I-fe ORON .V COUNCIL MEETING HELD MAY 13, 1991 (#16)CITY FACx,.. CONTINUED Goetten agrc *-i .ith Jabbour that prior to the elections, the facilitiss process was not as it snouxd have Leen, and that since that time, Council has taken this issue back to the people for their input. She indicated that she would like to have the City provide some form of written communication to the residents j^0garding whatever decision is made this evening, and what will happen next. Goetten reiterated Mayor Peterson's earlier 3^0tements about the fact that this meet-.ng is not t.ie last opportunity for residents to be heard on the issue of a new City facility* She assured the public that Council has given this issue a great deal of consideration, and would make an informed decision. Norm Paurus. 2500 Casco Point Road, stated that he would like Council to select the existing site for the new facilities in lieu of the Highway 12 location. He indicated that the majority of Orono residents live south of Highway 12, and the 0xisting location is more centrally located and convenient to the voting public. He said, "l would like to see the Council vote ^jjeir conscience for the voting public and the citizens you will jj0 serving for the next nO years, rather than considering a site based on its convenience for the professionals to develop." Goetten asked Bernhardson if there have been any complaints from the residents regarding response time of the Orono Police from their location near Highway 12. Bernhardson replied, "There have been no such complaints of which I am aware. The squad cars are deployed within the Community at all times. The issue of response time may be more important if we were dealing with a Fire Department where all vehicles are dispatched from one location." Jabbour stated that prior to his election to the City Council, he had served on the Facilities Committee, Ha said, "One of the reasons I thought the Highway 12 site was more suitable was the fact that ws could have all of the facilities on one site* The other issue was cost, and I had thought we may save money if we chose Highway 12 over ti»e e.'iisting site. I would like to know tonight if that is in fact true. At our last meeting. Jack Boarman indicated that, if given a preference, he would select the existing site. That made me wonder if the existing site is in fact less expensive than the Highway 12 site." Boarman explained tiiat he situation where Council consider be that of centrality. <-;d bHsed that s !:e *:.;?ment on a \e most important criteria to Jabbour staged that as a tn ,r of the Facilities Committee he had reached his decision in a business-like manner. - 7 - I . ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 (#16)CITY FACILITIES CONTINUED considering finances, and the ease it which a site w:juid lend itself to development. he said, 'i mw cinc myself, as a Councilmeirber, getting mare involved rcom a historical and more p0i-gonal standpoint. The fact tnat Cit, Haii has been he*e many, many years, and this is where the citizen s come f<3r City ggfvices, seens more important to me now. I would like to know if this site will in fact cost more to develop than the Highway 12 site.” Boarman replied, "The cost issue involving development of this site and the sewer plant site, cs opposed to the Highway 12 site, is very close to a wash. T'lere are offsetting factors because each site has difterent development requirements. However, there ace other ciriteria to consider, such an size o. the building, and the ability or need to further expand it, which comes back to cost. W«j developed a ouildin^ of 1>,000 tn 1»,000 square feet based on the space study to meat the needs of the new administrative/police facility. It is possible to put a building with that amount of square footage on this site, however, it will h3ve to be two^stories, which will affect the cost issues. If Council agrees to place a ono-stocy building with les.^ sguare footage on this site, then there would be cost considerations for future expansion. This site would be more expensive than the Highway 12 site if there is a need to expand in the future." Boarman went on to say that it is much more efficient to locate all facilities on one site, as opposed to split sites. It means having only one large parking area, one employee lunch room, better situated and utilized storage space, etc. He also noted that in cases whera a public works facility is separated from the m.:in administrative building, it ii common far the public works director to have an office in each building. Callahan asked Boarman if in fact iwould be possible to put all of the facilities on the existing site. Boarman replied, "No- that is not possible." Cal inuu said, "In other words, when you taTk about comparable costs, you are referring to the cost of constructing only the administrative/police facility, to which would be added the public works f-icility cost. If the e-xisting s:. te were selected, it may be more expensive than locating all facilities on one site. Wc would need t either purchase additional property for the public worxs facility, and/or pay the cost for installing a well and sprinkler system in that building if it is located on the sewer plant property. We would alj>o have the additional cost for a well to sprinkle the administrative/police facility. As I understand it, we can put both facilities on the sewer plant property, which would s.ive the cijst of a possible land acquisition and the cost of one well." - 8 - :-*v' I u -r rfc ‘tvj.r ■i’ ■ 'V,t- ,V,.: ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 (#16)CITY FACILITIES CONTINUED Bernhardson added that if both facilities were constructed on the sewer plant property, it would be necessary to consider the loss of funds resulting from the i Tabij.it/ to selx tnat property. Callahan said, “It .see.ms to me that it would be more cost efficient ^o construct facilities on one site as opposed to two different locations. In light of that, and the additional costs for land acquisition and wells, I would think that the Highway 1 site would be less expensive.” Boarman said, "The initial costs approach a wash between the sewer plant. Highway <2 and existing site. Bernhardson iiterjected, "It was my understanding that it would cost approximately $100,000 to $150,000 more to split the facilities between this location aid the sewer plant site, than to place everything on Highway 12." Boarman stated that he considers that difference to approach a wash. Callahan asked Councilmembers for their opinions regarding construction of one or more facilities on the sewer plant property. Butler indicated that all facilities should be located in one place. Goetten did n^'t think it wise to place the facilities in the midst of a residential neighborhood. Mayor Peterson and Jabbour stated that they would not object to one of th facilities being placed on the sewer plant property, but not both. Butler asked Boarman if Council should select the existing the plans and costs would be for a temporary facility allow administrative functions to continue while a facility is constructed. Boarman replied, "We have included a rental factor of $35,000 to $50,000 into the schedule of costs for the existing site. That would allow a year of rental, heating and operations at another site. We have fouTd it to be far more^ efficient to rent space off-site during the construction period." Butler asked wher*?, in light of the concerns involving the City Hall's central location, such a temporary site might be. Boai^nian stated that some cities have opted to rent retail . o . II- t':. i' ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 (|16)CITY FACILITIES CONTINUED space in strip malls, and other such alternatives. mall. Butler noted that the City of Croao toes not nave a strip Boarman indicated that it would then ba necessary to locate the temporary operations outside of the City oi Orono. Dave Peterson urged Council to consider factors other than the $100,000 to $150,000 cost differential in their decision-making process. He also stated that given the conditions of the existing City Hall, it may be appropriate for the City t"* rant an alternate space as soon an possible, regardless of which site is selected. Susie Swanson stated that she has been a Casco Point resident since 1944, and that she resides witnin the Mound School District, shops in Navarre, has a Wayzata mailing address, but yet she resides within the City of Orono. Swanson stated that though the issue of identity is intangible, the present, central location of the Orono City Hall gives her a sense of identity. She believed that some of Orono's community spirit would be lost if the new facility is located up on Highway 12. Swanson suggested that it may be worthwhile to spend additional money to retain a more neighborly quality. Curt Quady stated that the residents voted in a new Mayor and Councilmembers because they did not like the process that was occurring with respect to the new facilities. Hs felt that the majority of Orono taxpayers wish to keep the City Hall in the existing location. Quady urged Council to select the existing site. Sam Marfield stated that he first moved to Orono 17 years ago because he liked the small-town government. He preferred to have Council choose the existing site, which holds sentimental value to him. April Wysocki agreed that a small-town atmosphere is better. She agreed, however, that it would be difficult, from an administrative standpoint, to locate the public works facility on the sewer plant site, and administration on the existing site. Ms. Wysocki also stated that she lives next tc the sewer plant property and would not want the public works facility on that site. Steve Wilson stated that the Facilities Committee dedicated a lot of time to this issue and they have a vested interest in their recommendation. He said, "A number of people here this evening are urging Council to go against our recommendation. Our recommendation was the unanimous consensus of the 1*3 members of - 10 - r:.r Vr.^ ■ K- :■ 7. - r-- ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 (#16)CITY FACILITIES CONTINUED the Ccjmmittee, who are also residents of this Community. The Orono Planning Commission vott»d unanimously to adopt our vecominendation. Tiie only factor that really favors this site, as opposed to the Highway 12 location, is centrality. The initial, primary argument which favored this site was that originally we thought it to be less expensive. Once that was no longer the case, then centrality became the positive aspect. It would be one thing if this site could support all facilities. It cannot, and 10,000 square feet of building space will not be adequate. The Facilities Committae agreed with the consultants that 15,000 square feet is needed. If the City cliooses a split site, there jae neighbor opposition to placing the public works facility at the sewer plant property." Rich Kiemen, the buildings on selected. 1212 Briar Street, asked what would happen to the existing site if the Highway >2 site is Mayor Peterson replied, "Coiincii. has nvat d'.scussed what would happen to this property. it could be sold or converted entirely into a park.” Butler added that here are really no other options than those two. Jabbour indicated that the City has made a commitment to tearing down the existing buildings, should another site be selected. Mayor Peterson added, “All with the exception of the Post Chambers.” of the buildings would come down. Office, and possibly this Council Gary Printup, 1.161 Briar Street, stated that there ace possible ways to expand the facilities should they be constructed on this site, such as purchasing adjacent parcels that come on the market for sale. Printup noted that was done in the past to acquire the building in which City Hall now exists. Bill Wear expressed concern regarding the traffic congestion that already exists on Highway 12. He stated that given that the Highway 12 property, on which the City has an option, is located on the north side of Highway 1.1, it will Hear stated that 95% of Orono residents ' Highway 1.1 and would have to cross it intersection, in order to go to Cit- business they may have. difficult to access, on the south side of vhat is a very bad to taJ'.e care of Wilbur Anderson read a letter that had been written March 27, 1918, regarding the property on which the City Hall now sits. The letter refers to a restricted deed for Lot 3, Block 1, - 11 - ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 (#16)CITY FACILITIES CONTINUED Crystal B:y, Minnetonka, aid i =; signed by a Lewis F. Page. Anderson asked Council if they have studi.id the records pertaining to the title of the City Hail property, and stated that perhaps nothing else can be done with the property. Rich Wysocki expressed concern regarding the effect the 12 inch well installed on the exist! ic site, should it be chosen, would have on other wells in the area. Jabbour advised Mr. Wysocki that t.he well would only be utilized in the case of a fire. site. Norm Paurus again urged Council to consider the e;;isting Goetten stated that it is sometimes difficult for people to accent change. She said, ‘*I think Council would be extremely Si.ort-3ighted if wr: selected the existing site and the sewer plant property on Old Crystal Bay Road. whatever facilities we do construct, will have to last and be adequate to serve for a long time. I do not agree with tne aspe*.t of granting cm^aglvgs Variances for this property. Sriould Council select the Highway 12 site, that does not mean we are going to construct an enormous, fancy facility. We are planning a residential-style building in keeping with Orono's rural character. The City of Orono is growing, and it is the property north of Highway 1.2 t lat is being developed. If it were possible to construct all of the facilities on this location, I would be in favor of that. However, that is not the case, and in my opinion, the Highw.ay 12 best suites our needs now and for the futv*. I base that opinion on the various reasons that have bean discussed this evening, as well as the fact that it does not m.i-’ sense to locate a new facility in a residential area. Such j facility belongs in an area that has other quasi-commerical facilities.” Butler indicated that she agrer!d wholeheartedly with Councilmember Goetten's opinion. Callahan stated that he, and Mayor Peterson, had favored the existing site from the beginning of this process, and that for the most part, h»a had based his opinion on Cvost factors. He said, ’’After Council had voted to exercise the option on the Highway 12 site, I became uncertain about the costs, and though I still favored this site, there w.as the associated problem of locating the public works department. I do not object tc having a split site, nor do I see the need to grant Variances for this .site as a problem. Due to the decaying nature of the existing public works building, it is imperative that we do whatever is necessary to provide an alternate facility. Such a facility will not fit on this site, so it would be necessary to purchase other property, or locate it on the Crystal Bay sewer plant property. - 12 - . . . . - I I':v H T-. . I Tj' r;. 5.1 I i ORONO CITY COUNCIL MEETING HELD .MAY 13, 1991 (#16)CITY FACILITIES CONTINUED I do not agree with the sewer plant property because tnat area is residential, and neighborhood opposition has been expressed. Due to the costs involved w’th splitting the sites, it w.is my understanding that there would be a savings in the up-front costs oi the Highway 1' site, as well as the obvious efficiency o. having all facilities on the same site. As I came here tonight, I was o^ the ooinion, that the building would have to go on the Highway 12 site. I am of the opinion, however, that the buildings, if constructed on H:.ghway 12, should be located on the southwest quadrant, rather than on the north side. At this point in time, I am now not certain that there will be much of a difference in the up-front costs of the Highway 12 site versus the existing site. Now I am baffled. If the economic reason is not as I thought it was, than I would just as soon locate the buildings on this site.” Jabbour reiterated that he had favor.ad the Highway i2 site v/hen he was part of the Facilities Committee. He based that opinion on the cost factors, as well as his opinion that there should be no condemnation involved with this process, the public works facility should be plac^':d ii a residential neighborhood, and he did not favor the City granting itself Variances. He said, "As a result of those various factors, it became aoparent, through process of elimination, that the H.ghway 1.2 site‘was most suitable. After bei ng elected to Council, I became more aware of the historical significance of the existing site. I am now in the same situation as Councilmember Callahan, I am still not sure whether we will save money if we construct the buildings on the Highway 12 site." Mayor Peterson stated that she has always favored the gil^0 for police and administration, and h^id the understanding that the ct>sts for this site and the H:.ghv/ay 1.2 site would be approximate.ly the same. She said, "I went back and looked at the comprehensive Plan, and it m.akes a statement that the City facilities should be unpretentious. I do not think the Highway 1.2 site would facilitate a structure that, in the eyes .if the Orono residents, would be unpretentious. I believe that our Community has a great historical value in the existing site. In my opinion, thoug.i I think I am in the minority, this continue to be the s.tte I favor for the sake of preserving the character of Orono, and the fact that this site is centrally located. I believe that a police/administration b.jiiding could be constructed on this site without the need to grant ourselves Variances." Butler a.sked M.iyor Peterson where she would envision the public works facility if this site were selected. Mayor Peterson stated that there have been no discussions - 13 - IL&i ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 h fi I; I”; PI f-H*:u t-. f I-r i<- Lj s' (#16)CITY FACILITIES CONTINUED about the possibility o' locating the public works in Navarre next to Hennepin County's public works facility on County Road 15. She said, "Th«at would be an option, however, I do favor the Crystal Bay sewer plant property because I do not think we will be able to sell it due to the building that now exists on it." Bernhardson suggested having Jack Boarnan display the infor-aation showing the cost comparisons for the various sites. Boarman display.jd the information showing costs for all of the options and possible combinations for sites, and b«*iefly explained the basis of the figures shown. It was moved by Mayor Peterson, seconded by Jabbour, to select the existing Crystal Bay site for police/administration, and the Crystal Bay Road sewer plant site for public w'-ks. Butler cautioned Mayor Peterson to be sure that her motion .a a business decision, rather than an emotional reaction, so that the significant amount of money spent, will be spent wisely. Butler informed Council that she has worked in a situation with a split wo. K site and it prov»»d to be an extremely inefficient and cumbersome method ot doing business. She stated that she would be in favor of the existing site if it had adequate area to accommodate all facilities. Callahan stated tiiat he too had experienced working with a split site mode of '--usiness and found it ta be difficult. Motion, Ayes-2, Butler, Goetten, and Callahan, Nay. Motion failed. It was moved by Jabbour, seconded by Goetten, to direct Staff to acquire the Highway .2 property, on which the City now has an option, and commence preparation of the dasign plans for the facilities, which are to be reviewed by Council. Callahan reiterated that he would prefer to acquire the southwest quadrant of property and locate the facilities in that area. He stated that h»? did not favor burying the City Hall in with the School facilities, which is related to a wider and different community than that of the Immediate City. By locating the City Hall on the southwest quadrant, it will give it somewhat of its own identity. Jabbour stated that he would have concerns about how future upgrades to Highway 12 may impact the property on the south side of Highway 12, in light of the School site on the north side. Goetten stated that in light of the condition of the existing public works facility, the process should progress with as little delay as possible. She added that the City was not successful in its last attempt to secure the property in the southwest quadrant, and would not want to waste time trying it again. There was discussion as to when the option on the Highway 12 property should be exercised. Jabbour suggested waiting until the building permit is ready to be issued. Boarman stated that there is a three-week to thirty-day requirement for bidding any construction. He suggested that the City should control the - 14 - r ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 (#16)CITY FACILITIES CONTINUED property prior to going out for any bids* Jabbour suggsstec that the option be exercissd when Staff and Council feel it is appropriate to do so. Motion, Ayes-3, Mayor Peterson, Callahan, Nay. Motion passed. (117)STUBBS BAY SEWER Bernhardson informed Council that interest had been expressed by others wishing to participate on the Stubbs Bay Sewer Citizens Committee. He provided, for Council's consideration, a draft Charge, which wou .d assist in the direction of the Committee. Bernhardson also presented Council with updated information pertaining to the City's alternate method of addressing the Ziesmer's situation. Goetten asked if there were any persons interested in serving on the Citizens Committee present this evening. Joyce Otten, a property owner on Crestview Avenue, indicated that she would like to join the Citizens Committee, and that she had sent a letter to the City expressing her interest. It was the consensus of Council to appoint Ms. Otten to the Stubbs Bay Sewer Citizens Committee. Mayor Peterson introduced Ns. Otten to Dave Paterson, Committee Chair. Council also indicated that they agreed to the draft Charge as presented by Bernhardson. It was moved by Callahan, seconded by Mayor Peterson, to adopt a Charge for the Stubbs Bay Sewer Citizens Advisory Committee to focus its deliberations with an initial response back to the Council by the forepart of July. All voted aye. Notion passed. (#18)PARK COMMISSIOH RBCOMHENOATION-BBDERWOOD PARK Dick Flint, Jim Gilbert, Gary Larson, Todd Haugen, Levang and Snerokee Use were present for this matter. Li z Bernhardson informed Council tha*. Todd Haugen had requested Council's review of the Park Commission's recommendation to approve a request by the Orono Baseball Association to add another day, Saturday, from approximately 10:00 a.m. to 2:00 p.m., to their scheduled use of Bederwood Park. Goetten stated that it was her understanding that the Park Commission was to review this issue, but that they were to make a recommendation to Council, who would have the final word. Nayor Peterson agreed with Goetten, and add3d that the annual review of OBA's use of Bederwood Park was also to come before Council for their decision. - 15 - I. L'.'S OROHO CITY COUNCIL MEETING HELD MAY 13, 1991 (flS)BEDERWOOD PARR CONTINUED Goetten and Callahan concurred such was their understanding as well. with Mayor Petersen, that fijayor Peterson stated that she and Councilineniber Goetten had attended the May 7, 1991 Park Commission meeting where this issue was discussed. She informed Counci. that in addition to the issue r ' days the 03A could use 3eder-ood Field, there was also some stion as to whether the use vas to continue for three years, including the 1990 season, or for three years starting with the 1991 season. Callahan was of the opinion, from reading the minutes of the March 26, 1990 Council meeting, that OBA's use of Bederwood Park was to end with the conclusion of the 1992 ball season. Mayor Peterson indicated that such was her understanding, but that Gary Larson had understood that the 1990 season was not included. Goetten informed Council that Gary Larson had talked with former Mayor Grabek, who indicated that the intent of the motion he made was to allow OBA to use the field through 1993. Dick Flint advised that the Park Commission has not taken a position on the 1992/1993 iasue. Jabbour asked, "Is it not true though that a determination should be made in that respect? It seems that issue is driving other issues." Flint replied, "We felt that in light of this issue being reviewed on an annual basis, determining a specific deadline was not necessary at this point." Mayor Peterson explained, "The annual review was included as a requirement to nudge O.BA toward working Dn their master plan with the School District." Flint added, "That was not to be the only purpose for the annual review. It was also to serve as means to find out if there were any problems with the program.” Butler asked if the program is in fact being run in an appropriate manner. Flint replied, "There were some issues raised, and a number of compromises and agreements made between OBA and the residents. One of those issues involved the uae of a bull horn. Another agreement made was that OBA would post their schedule at the Park so the neighborhood could plan accordingly." - 16 - ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 (»18)BEDERHOOD PARK CONTINUED Callahan added, "As I understand it, 0*3A was serving food from the concession stand whi'. i caught the attention of Health Authority, who t len approached the City. That has since been corrected.^ Gary Larson stated that prior to this meeting, the OBA and neighbors had some positive dialogue. 09A is trying to get the residents to put their energy toward the mutually beneficial solution of finding OBA a permanent site, rather than focusing on the problems with the existing site. Larson indicated that there is some momentum building with thn School Board for the School property. Goetten commended Larson and the neighbors for taking the time to talk together. Liz Levang agreed that the exchange of verbal communication between the two groups was positive. She wanted to remind everyone, however, that this is not just an issue involving the Bederwood Park area residents, it involves the general public. Levang stated that the neighbors have tried to assist the OBA with their efforts to secure the School property, which is best suited to this kind of use. She said, "Bederwood Park does not lend itself well to this kind of use, and it goes against the Comprehensive Plan. Boderwood is a neighborhood park and its use by OBA turns it mote into a community playfield. The best times for most people to use the Park are the same times that OBA is using the Park. The neighbors agree-, that they could live with this use through the 1992 season. Iz that is going to change, we need to know when we can expect OBA to leave so the Park can revert back to its original use." Butler asked if the participants in OBA's program are all from the Orono School District. Mayor Peterson stated that is correct Butler referred to earlier conversation regarding the City facilities and the n»^ed for Orono to have an identity. She stated that programs such as the OBA*s are one way to give Orono an identity. To the Bederwood Park neighbors Butler said, "I know that situations are always worse when they are happening in your front yard. However, keep in mind that what you are arguing sbout, is constructive recreation of 9 thr vugh 12 year old children on an organized basis that gives them a focus and something of which to be proud, aid something to achieve other than building pipe b<ombs. I have four sons and am grateful for programs such as that of the OBA." It was moved by Butler, seconded by Mayor Peterson for the purpose of discussion, to adopt the Park Commission's - 17 - J ORONO CITY COUNCIL MEETING HELD :-IAY 13, 1991 ir r ■ r t Av r<. . (I18)beoerhood park continued recommendation in its entirety. Mayor P'-iterson nDted that she served on the Parx Commission at the time Bederwood Park was being developed. At that time, there was a desire to have a Little Leagae field within the City of Orono. Tt was intended that Baderwood Park would fulfill that naed. She said, "I agree with statements made by Councilmember Butler. I believe that this is what we, as Orono residents, can contribute to OBA." Goettan urged the neighbors and 03A to continue working together toward the permanent solution. All voted aye. Motion passed. Weldon Dunn expressed concern regarding parking that is now occurring on the east side of Stubbs Bay Road. Goetten stated that she too has bean concerned about the nafety problem with the parking situation, and ar.ked John Gerhardson to review the area again for a possible solution. Jabbour commented tliat playing baseball in the Park is appropriate as long as such a use does not totally dominate the Park. He said. "This is supposed to be something fun for the entire community, not a win/lose situation. I also urge both parties to work toward a mutually beneficial solution. I do think Council should send a message to OBA that there is a time pressure for finding an alternate site." Charlie Kelley asked if it would be appropriate for the City of Orono to get involved with acquiring land for a community playing field facility. Dick Flint stated that Baderwood Park is a neighborhood park, and not a community playfield. He note*, that the Park Commission is working to develop a community playfield at the School, and has worked with the School District toward that goal. He informed Council that the proposal they have before them, drafted by Gary Larson, has been presented to tha School Board. (#19)LAKB OSB COMMITTEE It was moved by Callahan, seconded by Mayor Peterson, to accept the information presented. All vot<2d aye. Motion passed. (#20)CITY COMMUNICATIONS It was moved by Callahan, seconded by Goetten, to table this item until the May 28th meeting, and direct Staff to place it on the agenda so it will be discussed earlier in the meeting. Goetten asked that Staff prepare a written communication to the residents informing them of Council's vote on the facilities site selection. All voted aye. Motion passed. - 18 - t- R- X- Iv ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 (#21)POLICE CHIEF SELECTION PROCESS It was moved b/ Callahan, seconded by Butler, to accept the in" -mation presented, and table this matter until the May .18, 1991 Council meeting. All voted aye. Motion passed. (#22)LIQUOR VIOLATION REVIEW PROCESS It was moved by Jabbour, seconded o/ Mayor Peterson, to table th.is matter until May 28, 1991, to give the City Administrator and City Attorney tl.e opportunity to farther discuss it. All voted aye. Motion passed. (#23)PATROL OFFICER CONTINUED EMPLOYMENT It was moved by Jabbour, seconded by Mayor Peterson, to confirm the extension of Officer Timothy Raberts in a temporary status until such time as either he or another person is appointed and has commenced work in the capa.-rity of a regular appointment. All voted aye. Motion passed. (#24*)SBilBR/HATER RATES-ORDINANCE AMENDMENT 95, SECOND SERIES It was moved by Goetten, seconded by Butler, to adopt Ordinance #95, Second Series, setting fee changes for select watsc and sewer rates effective July 1, 1991. All voted aye. Motion passed. (#25*)HI6HHAy 12 CORRIDOR STUDY It was moved by Goetten, seconded by Butler, to accept the infor^mation presented regarding the upcoming May meetings for the Highway 1.2 Corridor Committees. All voted aye. Motion passed. (#26*)MUNICIPAL BOARD PROCESS It was moved by Goetten, seconded by Butler, to accept the information presented regarding the Municipal Board process. All voted aye. Motion passed. (#27*)EMPLOYMENT OF COMMUNITY SERVICE OFFICER It was moved by Goetten, seconded by Butler, to authorize Staff to hira David Joseph Goman as a part-time employee, assigned to back up the Community Service Officer duties with a salary not to exceed $.1,400 in 1991, or $5,100 yearly thereafter, at a rate of $5,304 pnr hour with no benefits. All voted aye. Motion passed. (#28*)BMPLOyNENT>PARK DEPARTMENT It was moved by Goetten, seconded by Butler, to authorize Staff to employ John Klevann Jr., 6925 County Road 26, Maple Plain, as a temporary Parks maintenance helper at an hourly rate of $5.00 effective May 6, 1991. All voted aye. Motion passed. (#29*)PUBLIC WORKS DIRECTOR-CAR ALLOWANCE It was moved by Goetten, seconded by Butler, to establish a mileage allowance for the Public Works Director at an amount of $235.00 per month, commencing in May, 1991, in lieu of continuing - 19 - 'tr I I V'W: i ORONO CITY COUNCIL MEETING HELD MAY 13, 1991 (#29*)PUBLIC WORKS DIRECTOR-CAR ALLOWANCE CONTINUED to pcovide a 24-hour vahicie for 'n..s Usa^e. The City Council further authorizes a budget amendr’ent to accommodate the mileage allowance in lieu of the car. All vot .d aye. Mention passed. («30*)CUSTOMER SERVICE RESPONSE It was moved by doetten, seconded by Butler, to accept the information presented by Chie: Kilbo regarding customer „»rvice responses. All voted .. e. Motion passed. (#31*)ADMINISTRATOR'S lUtORMATION It was moved by Goetten, seconded by Butler, to accept the City Administrator's Information regarding* Southwest. Drug Task Force, Minnetonka Beach Sewer/Water, Hours of Operation/Kennel, and Administrator's Goal Setting Status All voted aye. Motion passed. CITY ATTORNEY'S REPORT: None. (#32*)LICENSES It was moved by Goetten, following license(s): seconded by Butler to approve the One Day Set-up:Minnetonka Center of the Arts 224C North Shore Drive May 2.1, 1991-6:00 t3 8:00 p.m. Gallery Dedication i Art Exhibit Garbage A Refuse Collector:3lackowiak & Son 1195 SunnvfielJ Road NorthA Mound East Tonka Sanitation 1-*. O. Box 242 Long Take Woodlake Sanitary Service, Inc. 4000 Hamel Road Hamel Residential Kennel;Rober*: Rossing 130 Cygnet Place Long Lake All voted aye. Motion passed. (#33*)BILLS It was irt.-ved by Goetten, seconded by Butler, to approve payment of the All Fund^; Account. All voted aye. Motion passed. - 20 - . .. . . . .. _ __ _ m ORONO CITY COUNCIL .MEETING HELD :^Y 13, 1991 EXECUTIVE SESSION At 10:25 ?.m. City Attorney 3a adjourn to an Executive Sessitn pending litigation. rett requested t:iat Council the purpoie discussing ADJOURNMENT It was moved by Butler, seconded by Callahan, to adjourn the Regular Council Meeting at 10:.:5 p..m. All voted aye. Motion passed Barbara A. Peterson, Mayor ATTEST; Dorothy M. Hallin, City Clerk - 21 - J C/i1991 RBCONVENBD BOARD OF RBVIBM - MAT 13, lardsJwT The 1991 Reconvened Board of Review was held on 13, 1991. Mayor Peterson called the meeting to pjn. Councllmembers Goetten, Callahan, Jabbour and present. Representing the City were Mark BernhardsoM^£jB^ Administrator; Rolf Erickson, City Assessor; and Dave Wfl^" Assistant City Assessor; and Teri Naab, Recorder. City Administrator Bernhardson introduced each property owner, address and explained the Assessors' va' lation and reasoning for such. They are as follows: 1. Art Brambllla, 3838 Cherry Avenue - PID #08-117-23 33 0003. Mr. Brambllla valuation was at $226,500. It has been reduced to $215,000. The reduction in taxes as questioned by Mr. Brambllla at the last meeting was due to a reclassification from seasonal non-homestead to homestead. 2. Jeanette Burch, Big Island - 23-117-23 32 0058. The valuation has been reduced from $51,600 to $48,600. 3. Newell Weed, 1385 Orono Lane - 02-117-23 34 0003. The valuation is recommended to stay the same at $522,000. Mr. Weed arrived later and explained that the valuation system Is unfair as It Is based on market value, however the market is dotm. Relatively a small percentage of houses are currently selling, so to use comparitlve sales gives a false market value. He noted also that outstate Minnesota does everything to depress their values while we here, do everything to increase those values, thereby requiring us to pay more taxes and they to pay less. We are taxing ourselves right out of our homes. He feels a fair market value would be $460,000. He also noted that Boyer Construction has Indicated i*hat it would cost approximately $500,000 to upgrade the house. CounclImember Jabbour asked Mr. Weed how much property he has. Mr. Weed explained he has about 1 acre. CounclImember Jabbour noted that he had recently purchased a 3 acre parcel for a substantially lower price than what Mr. Weed's valuation for his land is. Mayor Peterson asked Mr. Weed If he currently has an application In with the County for reduction. Mr. Weed noted that It is pending. CounclImember Callahan feels that Mr. Weed should petition to the County for 1991 valuation also and go through the Court of Appeals for a decision for 1990 valuation payable 1991. 1991 RECONVENED BOARD OP RBVIEH - MAY 13, 1991 f' ¥ ' ' ri .'r .K- :r^ ? • ;:. ■. -N' l:^«. / .f-- w3 s moved Counci Imember Callshan, seconded by Councllmember Butler, to accept the Assessors ’ recommendat 'on of $522,000, which reflects no change. Ayes 5, nays 0. 4, Nell Bashore, 2565 Woodhaven Drive - 33-118-23 41 0008. The valuation is recommended to stay at $163,100. 5. 6. 7. 8. 9, 11. Robin Crawford, 1540 Long Lake Boulevard - 26-118-23 33 0007. The valuation was reduced to $83,500 from $87,600. Helvin Peterson, 475 Oxford Road - 05-117-23 41 0010. The valuation is recommended for no change at $603,600. Nike Schulte, 4640 West Branch Road - 06-117-23 33 0008. The valuation is recommended to be reduced from $115,300 to $108,500. Alan Carlson, 3125 Fox Street - 04-117-23 33 0011. The valuation for 1991 is $870,900 and it is recommended it be reduced to $718,000 due to an error in last years changes. Mr. Erickson explained that the Board changed the value from $716,000 on Mr. Smith’s recommendation because on the field card the property had not been divided as it should have been. However, the County failed to carry the change over after the Board of Review. The change was just made at the County level and was issued a corrected tax statement. He is therefore recommending to go back to what the Board recommended last year which was $718,000 because of the error. Mr. Erickson feels that the property is worth more, but out of fairness, he recommends this. He also explained ht^ will try to re-evaluated the entire area next year. Alan Carlson, Watertown Road - 33-118-23 32 0001. The 1991 valuation is recommended to be reduced from $404,200 to $311,000 because of the removal of buildings and the property has been reclassified from agricultural to residential. James Lorence, 4460 North Shore Drive - 07-117-23 31 0039. The valuation for 1991 is $224,300 and it is recommended to be r^uced to $214,000. 10. Matthew Nicoll, 2943 Farview Lane - 04-117-23 34 0008. The 1991 valuation is $309,000 and it is recommended to be valued at $280,100. Ron Sheldon, 3225 Bayside Road - 05-117-23 41 0017. The 1991 valuation is $353,500 and recommended to be reduced to $310,500. 12. Ward Edwards, 2474 Carman Road - 20-117-23 12 0027. M Re V y.: p f I fe 1991 RECORVENSD BOARD OP RBVIBW - MAY 13, 1991 The 1991 valuation was $295,500 and it is recoffjnended not to change. Mr. Erickson explained that very often new houses on the lake will sell for more than the construction cost because of the new amenities within. CounciImember Callahan questioned the 1990 valuation for the land which was at $84,000 and wanted to know if the value of the land had doubled in one year. Mr. Erickson noted this was correct and because the lot was vacant among developed lots, it was overlooked the last few years. Also, the property had to have soil corrections to be built upon which raised the value of the land. Mr. Edwards is not being penalized now, he just got a good deal in the past and per State law, once an error is realized, it must be corrected. Mr. Edwards was present to explain the lot was originally valued at $100,000 but was reduced to $80,000 because of the wetland designation on the property. The appraisal from the mortgage company valued the property and the home at approximately $260,000. The actual cost to build the house including the value of the land and the improvements to the soil was $271,000. The potential for subdivision of this lot is uncertain. The property has no sandy beach and the lakeshore ^s filled with mil foil. Mayor Peterson asked if it was normal for a new residence to be valued more than the actual construction cost the first year. Mr. Erickson noted that Mr. Edwards was allowing $84,000 for the site. He would not buy that site for $84,000 in today s market. CounciImonber Goetten noted that the appraisal was done in 1989, before the house was constructed. Counci Imember Jabbour also noted that the valuation for the land used by the mortgage company was $140,000. Mr. Erickson also noted that banks are extremely conservative in their appraisals. It was moved by Mayor Peterson, seconded by CounciImember Butler, to retain at the valuation of $295,500 reccxnmended by the Acsessor. Ayes 5, nays 0. 13.Stewart Perry, 2975 Casco Point Road - 20-117-23 31 0045. The valuation for 1991 was $292,100 and it is recommended to be reduced to $265,000. \ ^i .1 ■ !•«' t I P¥ PIII'' W- 5'^i ■fX' I' F:. rp I: I' |5- %• I 1991 RBCOHVBliBD BOARD OP RBVIBlf - MAY 13» 1991 14.Lou Saierling» 2683 Casco Point Road - 20-117-23 23 0001. It is recOTBwended no change in valuation from $121»200. 15.Dennis Landon» 1375 Vine Place - 08-117-23 42 0007 and 08-117-23 42 0008. Mr. Landon was present and feels that the reduction on the homesteaded parcel is fine, but feels that the vacant lot next to the property should be reduced. He notes that the lot is unbuildable and feels the land is less valuable than a vacant lot across the street. Also, there is a parcel across the road near the bridge which has more lakeshore and less value. Mayor Peterson asked if Mr. Landon would be better tax wise to combine both properties. Mr, Erickson indicated that the taxes would remain the same as the parcel is currently secondary homestead. Mr. Wilde noted that ^akeshore property is valued at $900 por foot and that Is what tha valua casta to at approximately 180 feet, but very narrow and long. Mr. Landon feels it is worth about $10,000 and he coulo probably sell for such for a person to put a dock on. The CounciImembers indicated that to do that is illegal without a principal residence first. It i^ns moved by Counci Imember Callahan, seconded by Councilmember Goetten, to reduce the valuation from $16,300 to $12,000 for the vacant lot (P.I.D. 07-117-23 42 0006), and to accept the recommendation of the Assessor to reduce the homesteaded parcel from $173,600 to $168,200. Ayes 5, nays 0. 16.Christopher Tully, 1355 North Arm Drive - 07-117-23 41 0067, 0068 and 0073. The 1991 valuation is $76,100 and recommended to be reduced to $60,200. 17.Kelly Shaughnessy, 2150 Colin Drive - 03-117-23 21 0015. The 1991 valuation was $191,500 and is recommended to be reduced to $179,600. 19.R.P. Potas, 2190 Shadywood Road - 17-117-23 42 0007. The valuation for 1991 is $274,900 and is recommended not to change. t:; ir 20. 1991 RBCOHVBHBD BOARD OF REVIEW - MAY 13, 1991 Jim Rivers of windward Marine, 1444 Shoreline Drive - 11- 117-23 22 0004, 0005,0006, 0007 and 0010. The valuation for 1991 is $620,000. Mr. Erickson explained he recommends the commercial parcel be lowered $35,000 to $590,000, but maintain the residential at the same value, and this is based on the County appraisal and the fact that the market is down. Mr. Rivers noted that a few years ago all the properties were lumped together, now it is to their advantage to split between commercial and residential. He also noted there hasn't been a true sale of a marina of late and so it should be based on income. He feels the property valuation should be reduced substantially to reflect the current down market. CounciImember Callahan has compared the figures of Mr. Rivers and that of the County appraisal. He noted that the difference from what Mr. Rivers provided and from that the County is using in its appraisal as income from the property is $22,000. In reaching the lower figure, Mr. Rivers has includ^ real estate taxes which include $20,000 whereas the appraiser took a flat amount for expenses, but when he figured capitalization rate, he included a 5% capitalization rate to recover the taxes. Therefore, even though they went at it differently, it shows Mr. Rivers is missing the capitalization rate in his figures. There is little difference when this is figured in to both figures. The value by the appraiser might well be reduced by $50,000- 60,000 from the $626,000 and that actually is close to Mr. River's figure at $580,000. He felt that it is on the low end of the scale. Counci Imember Jabbour concurred with Mr. River's theory thaL income producing property should be assessed and valued upon the income, except there is a difference with seasonal income producing property, when the ratio of property taxes was insignificant to the income being produced, the valuation wasn't raised to match the income. The valuation cannot keep going down to reflect the lack of income being produced. It was moved by CounciImember Jabbour, seconded by Counci Imember Goetten, to change the valuation to $550,000 from $620,000 and this difference should come off the commercial parcel valuation, not the residential parcels. Ayes 5, nays 0. It was moved by CounciImember Callahan, seconded by CounciImember Butler, to adopt the Assessors' recommendations for the 1991 valuations of properties presented to the Board at the reconvened 1991 Board of Review. Ayes 5, nays 0. J rT-' 1991 RBCOHVBHBD BOARD OF RBVIBW - MAY 13» 1991 Mr. Erickson also noted that those person who had submitted letters to the Board for the meeting of April 30» 1991 and were included in the minutes from that meeting will be reported to Hennepin County so they may continue their appeals process. They include the following: H.D. Beruian, 3650 Casco Avenue - 20-117-23 31 0043 Kurt Nejezchelba, 2625 Kelly Avenue - 20-117-23 0026 08-117-23 44 0005, 08-117-23 41 0014 and 09-117-23 41 0007 CounciImember Butler asked the Assessors to include their valuation for the current year in the sales manual distrilmted to the CounciIraember8 for the Board of Review. That way they can compare the selling price to the valuation placed on the property. It was moved by CounciImember Goetten, seconded by CounciImember Jabbour, to close the 1991 Reconvened Board o Review at 7i03 p.m. Ayes 5, nays 0. ATTEST:Barbara A. Peterson, Mayor Dorothy M. Hallin, City Clerk r'r- hi f-'- 1: 'I w L-. -. J-- ;• !•■- ■To:Mayor Peterson j Orono Council Members Planning Conunission Chairman Kelley Crono Planning Commission Members City Administrator Bernhardson Froa: Jeanne A. Mabusth» Building & Zoning Administrat^||^^ Dat«t May 22, 1991 Subjects #1555 E. W. Blanch, Jr. (Landstar, Inc.) - Request to Amend Resolution #2947, Final Plat Approval Resolution List of Bxhibits Exhibit A Exhibit B • Council Minutes of 10/08/90 ' First Plan for Preliminary Layout - Outlet B, Future Lot A Exhibit C - H. Martin Jessen Letter of 07/12/90 (Freshwater Foundation) ’ Page 2 of Preliminary Plat Resolution ' Resolution #2947 Granting Final Plat Approval Exhibit D Exhibit E leriew of Application - The attorney for Mr. Blanch see)cs an amendment of Condition 1 of the final resolution that would limit the sale and use of Lot 8 to either the Freshwater Foundation or the Freshwater Institute, Oniversity of Minnesota. Note in Exhibit B that the original preliminary plat showed the property designated as an outlot, suggesting the lot was to be combined with che adjacent lands owned by the University. Lot 6 conforms to all standards of the B-4 code with a total lot area of approximately 2.75 acres and dry buildable envelope at 1.4 acres. When originally presented by the applicant or applicant's representatives, it was staff's understanding that the Freshwater Biological Institute would acquire the property for further expansion. As Nr. Jessen's letter notes. Exhibit C, the Freshwater Foundation does not plan to convey Lot 8 to the University of Minnesota for any expansion or use by the Freshwater Biological Institute. The applicant's attorney has asked that Condition 1 of that resolution be amended to allow Lot 8 to be sold and used by any third party as long as that use was consistent with the current B-*4 zoning. The enclosed resolution has been drafted for review and action by the Orono Council. Isv r hn ik A RBSOLOTIOll AMBHDIMS OROHO RBSOLUTIOM #2947 GRANTIHG APPROVAL OP THB FIRAL PLAT OF TBB HARSH AT LAFATBTTB APPLICATIOH NO. 1555 NHBRBASf on April 8, 1991 the Council of the City of Orono Approved the finel plat of 6 lots of The Marsh at Lafayette# Hennepin County# Minnesota; and NHBRBAS# one of the lots within ‘''e plat legally described as Lot 8, Block 1, The Marsh at Lafayette (hereinafter the ■property")# was found to meet all the standards of the B-4# Office and Professional Business District as follows; 1.Required minimum lot area « 20#000 s.f. Area of Lot 8 « 2-^ acres# 1.48 acres of dry buildable 2.Required minimum lot width Width of Lot 8 - 400+' 100 MBBRBA8# the property can be fully developed per B-4 standards without the need of any variances; and followsi HHBRBA8# Condition 1 of Orono Resolutionen #2947 read as "Lot 8 has been create^ for the future use of the Freshwater Foundation to be developed by either the Foundation or to be transferred to the University of Minnesota. All future uses of Lo 8 shall be consistent with current B-4 Zoning standards. Access to this site must be approved by the Hennepin County Department of Transportation." and miBRBA8» the title of Lot 8 shall be transferred to the Freshwater Foundation. ■OH# THBRBFORB# BB IT RBSOLVBD# the City Council of the City of Orono finds that Lot 8 may be developed by the Freshwater Foundation or transferred to a third party for development subject to the following conditions: Page 1 of 2 r i:?.i’ k?: k>k r :^l. t tV'- '■ftfeb. :;k f?‘- krr.‘. 1.All future uses of Lot 8 shall be consistent with existing B-'l zoning standards or current zoning standards in effect. 2.Access to Lot 8 must be approved by the Hennepin County Department of Transportation. Dated this 28th day of May, 1991. ATTEST! Dorothy M. Hallin, City Clerk Barbara A, Peterson, Mayor Page 2 of 2 fek-'-v: • bii - - - I; s I OgOBO aSGOIAR COOSCIL MBBTIBG HZtD OCTOBER 8, 1990 jOBIEG FILS »1555 - LW®S«R, ISC. COSTIBEED to < *- This drainageway area area. The bullaible. Each env«lope well the wenland credins under^Lld'ible. Each ~-i7t;Vpply*”7tbe waUaVd credins under |^u\^%“I'«.»•b.cf”e3 ^wVA^%o”b“- «• g: University. ** ** * 1 A Mr. MacKinnon J,g“be developer'to“sbare^in the Beach Road. The prtrious iiSoraation. H<»“r«5; cost which is consistent wi^ loon^ Page 5, 3 (D)r the applicant t; hrr^tprs^Vfe^oi’t’he' w'hVl. upgrading ol Old Beach Road. preeen^d'to bituminous covering of time the City Engineer has upgrading by the City. typical urban section for Slo«B»ndVi a 32' wide \ sha^^by the applicant may this roadviy. If assessing benefiting property owners. M^tu?“:i\Tth*e”*lanr.fng Coscission. wca0 * ^ ------------ -J S' ^ ' hare h.Xd"l*or ^S::.*r.^^5Jen«“ai?«dy "on" old ^:a “c'^"Roar" Mabuatb aek«l Tor inpM ofTii^Teto^^laproveBents being discussed for the c-ty o p W w—- - - - -m Hurt replied that initially an overlay was discussed. Road “!n“KchnwfJSbri;i^r:J?n Se bSiJding of homes in this swMg. area. ----------------------- • • c^,lS“ritfonrecn:t o£ the water quality-m ------ IM Will be paying the costs tor ^ ^.J.JL M ^ ^ 1- ^ Kev id^Ktf to coMBiont on tlio IX L CROHO aEGDLAR COONCIL MB2TIHG HELD OCTOBER 8, 1990 ZOHIHG PILE #1532 - POLLZRTON PROPBRTl »S, ISC. CONnsUED Csaaissior. or. the prsbles: of grad::r.?. The bi.<e t^all wLmant tl included in the resolur.on. Mon.-.n, Ayes-4, Naya-O. 1X535 nriSBDT/BOTIBRFXSLD 3745-3765 SETBRjrO*** ROAD SOBOIVISIOH OF A LOT LINE RBARRABG2 Fafiaskyr representing Mrs. Kennedy present for the review of this application. was sS^siiESsasss It was moved bv Acting Mayor Callahan, seconded by Couacilmember Peterson, to adopt Resolution #2881 granting a o line rearrangement to place an property boundaries of 3765 Watertown Road. Motion, Ayes i, Mays-O* Notion passed. #1555 LASDSTRR* ISC. 2501 OLD BBACB ROAD pRBLZmHARX SOBDIVISION Mx. James MacKinnon, present. representative for-f n V M >Blanch, was City Administrator Bernhardson provided a brief «:^lanation ^Kia anDlication. This is a subdivision that straddles the SroSo i.d"inn.tonka B«aeh lin.. Th.r« would be 3 lots in Minnetonka Beach and 6 lots within orono, ’ approral. One of E"f^’^rJhV of w^^l^^’s Tn^t.”lVtU\‘ fety\-n'd“ i:ss:rtVi“:h.”^Ti\Vr so\\*.r=."wriiierirt:r.tion of wetlands in tnxs proposal. As part of sewer capacity is available, however sewer ani. watw lines would have tw be e.vtended the north in MUnetonka Beaw^ should be a tfonnecti or looping portion, extending to serve Lot 1 by County Additionally, the ' would be the overlay and the ® recoiwndation of curb and gutter for Roed. The Sark Commission has reviewed th. » applicat wott^d like the cash valued at 8% of 5136,000. .aVd“n yVl^ ' ttiare is u area of Glencoe soils and a drainageway that connects p »V4;^ <Tvi \ V « ;V 1 «PV # V ■ipi "• ^•9* ^pW. ,-w ^ A Jr ,r>/ l5 1st- \ I X V N I e ✓ <«'. ^ ‘ O^ t .i' 'V'-SS^f\ \'\ ■' • V ■. . ■ CW '< , ' . > \ ■ r3|o It ♦ r ■\f K \ < ,; \V / ^2.;- \ \ \ S'E-”' - ' h V". VI .Jt - I 1p^ :‘|l'l' / * #mmzV‘ 9ft,' A'?.i* :rlr^9/*^ » ▼ < .1' >?j<w:J^: i •‘ t l«» • >• >• f.1 ■i,; r. I'rrs/nniler Ffmmidtinn Zffy) ^ t V 1*0. Box JO Na\arrw% \1N 6i:/4Tl-g40r 6l2'47I-V(r(J i¥.W\ Water is Life RuharU Cj. <>ca\. m. DSs. Offlrm nf ibe Bi»inl Lindsa> <i. \rhur, Chairman RkhanI & Caidecuit. I*n L> & irr Chairman Rffid L jrrnn Secftrarr rbomai t. '^Varner Theasurer XircfOfy t Mrauour\ Assistant Ttrasurr^ ■mrd ttf Dirrcior% Huaafd A. Anucr^vu. M 15 r>-»%v Dukcr . V IkarU'icx. ir Ravmnnd D. Black LX^uki G brjucr M. Bi>vd Burton. Jf. Ph D Danid C. Clubot Henry IXietr Alfred £. France Ctark C. Gnfiiih IColMrt L. Herto%i Da^ld F Hkkok. M 0 Jo fallen Hurr Mrt. Stephen K Keaimp JoMpti T. tm|. Ph D John B LundMui^i \V. Duncan MavMiIlon Warren G Malkcrwin Charles M Moos \Urc Keisner Stephen Roseeil D. Dean bpaii Uicicnnc i. Tavlor Mrv Edward R Tncomb Mrs. W^rde F Wheaton H. Mantn ictsen Prmdent A C£0 Roftr t. Baker WitU«ii M. Baker F. W Blanch. Ir Mn. Herbert W BuKhcr James L. Hetland. Jr. Mrs. John Q Irvioc Earl H. Mosiman Mrs. WUUam G Phillips Robert L. Scarlcs A Fnhiie NanprelH FiMiaoaiioa CiniNhniiani Aet raa-OedacBMt Prmtad on Hecvciest fhtper July 31, 1990 Mr. Hark Bernhardson City Administrator, Oronc Orono City Offices 1335 S Brown Rd. Wayzata, MU 55391 'AUG 1 5 1890 Dear Mark, I am writing to clarify a couple of items regarding the relationship between the Freshwater Foundation and the c" ^ ^ w* t5 4 1 ^University of Minnesota’s Gray zi Institute as it might relate to the land subdivision proposed by Ted Blanch. In 1987 the Freshwater Foundation sold the land it owned bounded by County Road 15, 19, Old Beach Road and Lake Minnetonka to Ted Blanch. The Foundation had previously given approximately five acres to the University Minnesota, including the Gray Freshwater Biological Institute (You may recall that the gift to the University was made in 1976, but that the deed was not recorded. The final conveyance of the land and the recording of the deed took place only recently after I appeared before the City of Orono to clean up the legal description that allowed for the final conveyance to the University of Minnesota.) Also in 1987, Mr. Blanch made a commitment to convey back to the Freshwater Foundation a portion of the land which he had just purchased from us. Mr. Blanch has now put before the Cities of Orono and Minnetonka Beach his proposed subdivision. Per his plan. Lot 8 (approximately 2.75 acres) will be given to the Frcri .atsr Fcur.dacioii in compliance with tne agreement made in 1987. Thi.^ Lot 8 corresponds with the land that was previously zoned by the City of Orono ' ~r office purposes. At the time that the zoning was sought by the Freshwater Foundation it was anticipated that a residential component would be added to the Institute to provide temporary housing for visiting scientists and students. At this point, no such construction is anticipated or planned. The Foundation is currently contemplating the sale of the property at some future date, or perhaps building an office facility for its use. It is not anticipated that Lot 8 would be conveyed to the University of Minnesota for any use associated with the Gray Freshwater Biological Institute. . > I I page 2 of 2 July 31, 1990 /• Mr. Blanch has also contemplated the conveyance of the wetland outlot parcels to the Freshwater Foundation. As I previously indicated in a letter to Oenny Sandin, the Foundation has considerable interest in maintaining these wetlands for their "natural values". I carefully chose that term to imply that the wetlands will need to be managed if they are to function in this manner. They can not simply be neglected. These kinds of management approached might include; vegetation management, sedimentation control and other techniques. The wetland area provides a valuable setting for the Gray Freshwater Biological Institute, both for aesthetic and functional purposes. However, it need not, and should not, simply be left alone to fulfill these purposes. The Freshwater Foundation has discussed with the University of Minnesota giving the wetland outlot areas to the University to be attached to the approximately five acre parcel upon which the Gray Freshwater Biological sits. This would be pursued if the Freshwater Foundativon ends up selling Lot 8. I hope this letter has provided some further information about our relationship to the Gray Freshwater Biological Institute. While the Foundation built the Institute, we gave it to the University of Minnesota. We are two separate organizations, albeit pursuing the same objectives of protecting freshwater. If you have any questions, please do not hesitate to call. Sincerely, H. Nax/tin Jessen President & CEO ••'.u w i f I 7. The installation of curb and gutter would have no positive impact on the internal drainage concerns of the subdivision. 8. The current road is under the jurisdicition of both Minnetonka Beach and Orono. The City of Minnetonka Beach will maintain the road at its present rural design. It would be incongruous and poor des..n practice for the City of Orono to require an urban section for the portion of the road within Orono. ■OWr THBRBFORB BB IT RBSOLVBD, tnat based upon either one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat application of E.M. Blanch, Jr. for the property located at 2501 Old per the survey dated May 25, 1990, revised October 2, 1990 by William R. Engelhart and a variance to Section 11.33, Subdivision 4 "Public Streets/Residential" that would allow the existing section of roadway to remain rather than the required urban section at a 32 feet minimum width with curbing, subject to the following conditions: 1, Prior to the issuance of building permits for new construction, the applicant shall be responsible for extending sewer and water lines and payment to the City for the cost of a 1 1/2 inch bituminous overlay over portions of Old Beach road located within the City of Orono. The applicant shall pay 50 per cent of the total cost of the bituminous overlay prior to final plat approval. If sewer and water improvements are not completed prior to final plat approval, applicant shall execute a developer's agreement and post appropriate security in the form of a Letter of Credit to assure that these improvements are completed. 2« Outlet A has fc n created for the purpose of creating special protection for the sensitive wetland areas within the City of Orono. The City of Orono to acquire special open space and flowage easements over the outlet (see sample easements enclosed). Applicant has agreed to also execute private covenants for the protection of the area and shall provide copies of these covenants for the City's review. 3. Lot 8 has been created for the future use of the Fresh Water Foundation to be developed by either the Foundation or | to be transferred to the University of Minnesota. , future uses of Lot 8 shall be consistent with current B~4 j zoning. Access to this site must be approved by thej Hennepin County Department of Transportation. \ Page 2 of 4 / D p I. j- h o o ❖ A-^- CITY of ORONO vi '. RESOLUTION OF THE CITY COUNCIL NO. .294 A RESOLDTIOH APPR0VI1I6 THE PLAT OF THE MABSH AT LAFATETTE APPLICATIOM NO. 1555 wnsREAS the City of Orono is a municipal corporation org*nix.d existing under the laws of the State of Minnesota, and WHEREAS the City Council of the City of Orono has adopted aubdivision"egulaiions for^he orderly, economic and safe development of land within the City; and MBSKBAS, the City Council has considered the application f« a subdivision plat by Landstar, Inc. for their client E. w. Blanch, Jr. (hereinafter "the subdivider ); and WHEREAS, the subdivision has been found to meet all raaidence to be fully developed without the need of any variance , WBERBASr the subdivider has completed all requirements of the platting regulations of the City, including: 1. Completion of all the requirements of Resolution No. 2900. 2. Dedication on the plat of Drainage and Utility Easem-nts. Road. 4. Dedication to the City of a Flowage and Conservation Easement and Open Space Easement over Out lot A. 5. Dedication to the City of drainage drainageways and wetlands located within the real e a Execution of a Subdivider's Agreement providing for !;.tairation sewer and water er ol condition of subdivision approval and the posting of a ^tter SSdit written in the amount of 150% of these improvements. 7. Payment to the City of a Park Dedication Fee in the amount of $14,912.00. ^Page 1 of ^ k. 3- I- FVIt.t o o ❖ A. .. -f * >.^o'- CITY of ORONO '1*ttswo* B, RESOLUTION OF THE CITY COUNCIL NO. .294 Payment to the City of $10,000 to cover 50% of the total cost of the 1-1/2" bituminous overlay for Old Beach Road upon the completion of sewer and water improvements. 9. Payment to the City for the legal review and filing of the plat easements and covenants in the amount of $150. HOWr THBRBFORE, BE IT RESOLVED, that the City Council of the City of Orono hereby approves the plat of The Marsh at Lafayette, Hennepin County, Minnesota, subject to the following conditions: 1. Lot 8 has been created for the future use of the Freshwater Foundation to be developed by either the Foundation or to be transferred to the University of Minnesota. All future uses of Lot 8 shall be consistent with current B-4 Zoning standards. Access to this cite must be approved by the Hennepin County Department of Transportation. 2. All residential accesses to Lots 3, 4, 5, 6 and 7 shall be reviewed and approved by the Public Works Director of the City of Orono . 3. Prior to the issuance of building permits for new construction, the extension of sewer and water lines shall have been completed and approved by the City. The aforesaid plat shall be filed by the City of Orono with ^ a Hennepin County Recorder's Office or Hennepin County Registrar of Titles on or before October 8, 1991 together with a certified original copy of this Resolution and executed copies of the easements and covenants noted above. The approval granted by this Resolution shall exp.ire if the plat has not been filed by the date specified above. In that event, it will be necessary to file a new application with the City of Orono for subdivision review. Dated this 8th day of April, 1991 Hallift. City ClClerk Barbara A. Peterson, Mayor Page 2 of 2 i • ■> I' I |r- lit f 4*- 3^'.1; '3Z'C''T'*'r-~*; r S7AT£ OF MINNESOTA ) ) COUNT'.' OF HENNEPIN CITY OF OROMO I Dorochy M. Hallin. Ci-.y Herk of *.ne Ci'y of Orono. Hennepinmrnsmmmsi and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 20th . day of May . 19 91- -. ~Th. iH^lin, City Clerk (SEAL) I Ii- i: i Tos Mayor Petersen & Crono Council Members Planning Conurission Chairman Kelley Orono Planning Commissicn Members City Administrator Bernhardson %Jeanne A. Mabusth, Building & Zoning Administrator Date I May 15, 1991 Subjects #1641 Richard Keaveny - 3425 Shoreline Drive Commercial Site Plan Review ling Districts B-1, Retail Sales Business District Pertinent Ordinance- Section 10.40, Subdivision 2 - All applications for building permits in the B-1 Retail Sales Business District shall be reviewed by the Council and referred to the Planning Commission for review. List of Bxhibite Exhibit A - Application Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Plat Map Engineer's Letter Survey-Locating Formvii Service Station Building Contamination Map Recovery Map (Borings, Monitoring Wells, etc.) Elevations Exhibit H1-H2 - Cross Profiles Ceiling/Foundaticn Floor Sevlew of Carrent Application - In December of 1989 Richard Keaveny, the owner of the property, contracted to have two 5,000 gallon underground tanks used for the storage of heating oil abandon««d by Dahl Ci Associates. Refer to Exhibit F. The tanks are located ow the western edge of the property. The tanks were filled with fuel oil but were not in service at the time of Mr. Keaveny's purchase of the property in 1976 and were not used since that time. Where the previous service station had existed, there were five underground tanks used for the storage of petroleum products. In 1977 the station was shut down and never reopened and in July of 1983 all five underground tanks and piping were removed by Widmer Brothers. In 1989 at the time of the removal of the two underground tanks within the western portions of the building, underground test borings were performed to determine if there was any contamination. One of the test borings encountered contaminated soil at a depth of 11' below grade beneath the southern most tank. Review of the data from that preliminary investigation , ■ Zonirr Pile #1641 May i.i» 1991 Page 2 from Dahl St Associates concluded that a second leak source near the location of the removed gasoline tanks was protc.ble at the Bite. Review Exhibit E that depicts the extant of the contamination area and ground water contamination area. Exhibit F depicts the plan for recovery including soil borings# monitoring wells# piping# etc. Some members who shop at Rick's Super Valu may have already noted one of the recovery wells in the northwest section of the parking lot. The plan for recovery has commenced. ”art of the recovery plan involved construction of a temporary building to be used to house pollution abatement equipment. The equipment will be used to treat ground water containing dissolved hydrocarbons. After treating the water it would then be discharged to the sanitary sevei . This recovery program/plan is very similar to the one reviewed by the Planning Commission and Council a few years back for WSI on Highway 12. Please review Exhibit C# the Engineer's comments. Mr. Gustafson asked that provisions for the demolition and cleanup of the area be discussed as the building is to be for temporary use only. In addition he notes that there must be provisions made for the immediate repair of the gravel parking lot after the installation of the recovery well and piping. As with WSI# the City will ask Dahl & Associates to provide an estimated average daily flow of treated water discharged into the sanitary sewer system to determine the impact on the City's sewer system. The City will also request copies of the moi:itoring reports on a regular basis during the recovery period. Please review Exhibit P. Part of that recovery program involves the installation of a building to house pollution abatement equipment. This structure will be 10* x 23* at a 10' height (review Exhibit G). The site plan shows the structure placed 30* from the side street lot line instead of the required 35*. It was staff's understanding that the proposed structure was to meet all required setbacks of t*i#» B-1 zoning district. Applicant shall be asked to place the st rvtv^ure on the property so that it conforms to all required setbacks, if for some reason the structure is unable to meet the required setback# staff would advise that they file an immediate variance application for the side setback. The application would classified as an after~ the*fact variance applicatior as the City does not wish to delay the recovery program any ? jnger. It is staff's intention to bring this application to the immediate Council meeting on May 28 th. Note the building has been placed to the rear of the elevated portion of the property and it shall be constructed of concrete masonry block similar to the exterior materials of the principal structure. Note staff has not addressed aesthetics or f1 !•i'- S';' Zoning Pile #1641 May 15, 1991 Page 3 landscape screening needs because of the temporary nature of the use. If Planning Commission members feel discussion and consideration of aesthetics is necessary, members are encouraged to provide additional direction. Staff indation To approve the commercial site plan for a temporary detached structure to be used as part of a pollution abatement program for the property located at 3425 Shoreline Drive owned by Richard Keaveny. The approval of this site plan is based on the following conditions: 1. Site plan to be altered such that accessory structure meets 35' street side setback. If it is found that applicant cannot meet the 35’ setback, an after-the- fact variance application must be submitted by the deadline of May 24th for the June 17th meeting of the Planning Commission. Because of the need to expedite the recovery process, staff shall present the commercial site plan for Council review at the May 28th meeting. Council shall make the fina- determination ]i^0^ardlng the issue of a substandard setback and if building is to proceed prior to formal approval. 2. 3. 4. Isv Applicant to provide an estimate of the average daily flow of treated water discharged into sanitary sewer prior to the Council meeting of May 20th for review and comment by the City Engineer. Applicant's consultant to provide copies of reports on test results during monitoring period. Other conditions deemed app-.optijte by Planning Commission. Ck A tel.. . A.te Zoning File «1641 May 22, 1991 Page 4 Additional Coanents and Planning Coamlssion Recooniendations - Pricr to the meeting, Kent Wolf of Dahl and Associates advised staff that th€ uilding as shown on Exhibit F meets the raquired 35' setback a^ * that the 5' landscape area is located 30* from Kelly Avenue right-of-way line. In fact, 5' of ^imdscaping is proposed along the north, east and south sides of the recovery building. The Planning Commi oted unanimously to approve the commercial site plan fOL nporary detached structure to be used as a pollution abatemt.^ ouilding for the property located at 3425 Shoreline Drive, subject to the following conditions: 1. Prior to the issuance of a building permit, the applicant must provide an estimate of the average daily flow of treated water discharged into sanitary sewer for the review of City staff and City Engineer. 2. Applicant's consultant to provide copies of reports on test results during monitoring period. Please note a resolution is not required for commercial site pXan review* The action of the Council is merely recorded in the minutes of the official meeting and in the follow up written notice to applicant. In further discussions with the review staff, the temporary aspect of the structure was addressed. If the Council is concerned that this structure be removed at the time the structure is no longer used as art of the pollution abatement process# Council may ask that *... Keaveny, as owner, enter into an agreement whereby he would agree to the removal of the structure within a reasonable period of time or the City wxXl 2>OBOve the structure and assess all costs against the property. Council may consider adding the execution of such an agreement as a third condition of approval. m0- II ?.• w • « w . w / /-r:mfmmtxm manCZTY OP OROlfO - GZMSZUL LAMD 0S2 APPLICA PROPERTY LOCATION Sit* Addrsss 3425 shoreline Drive, Navarre _ _ __ _S jt,* j^XJi a.*' . 4 Property Id«ntnication Number (P.I.D.) 20 1 1 7 23 1 20034 Legal NE»4, NEH;, NWk. of NE'i Section 20, IN 117,North !\am;e 23 — attach le^al description to application if net included on required survey. APPLZCAHT Phone (home) Name Kent Uolf, Dahl & Associates,Phone (worJc)2) 490-2905 Address 4390 McMenemy Road City St. Paul Zip 55127 Otflnss (if different than applicant)Phone (home) Name Richard Keavenv Phone (<3l2) 471 -8455 Address 3425 Shoreline Drive City Navarre Zip 55392 Date Property Acquired 1976 (month/vear) X (do) (do not) also own the adjacent parcels of land. ■>fs;; mf:- I- - COMDZTZOMAL KtSB PERMITS - Reneval Pee - 1/2 Current Fee ATter-the-Fact Fee - Double Current Application Fee ? 50.00 For each variance request with CUP application $135.00 Residential accessory $150.00 Institutional <churchr school, etc.) $150.00 Guest House/Guest Apartments $150.00 Duplex Credit/Bldg $250.00 Commercial/Xndustrial Use $200.00 Land Alteration Grading and filling - designated wetland or floodplain Grading and filling - 101 cu» yd. or more Grading, seawall, retaining walls within 75' of l^iJceshore PRO/PIO - see fee schedule itfPLZCATicnn $200.00 _ _ _ $230.00 _■ $175.00 • 50. $C $250.00 __ $100.00 _ _ _ Other - Commercial Site Plan Review (> consultant fees} Vacation lasenant Vacation Basement Vacation With Subdivision Resoning (POD - refer to fee schedule) Appeals see fee schedule _ * USZ OF PaOPSSTT Present zoning District:3-1 Present tlae of Property P.ssideatial Qcnsr (agacifv? Parking Lot lOtlPSlOB or aWOaST Reauest building nec=it to build a pollution fh.r.ment building. Building-TTTi oe useu uu nouse T1 C m 1. 2* I2TT2LS cSirlrt ^toV«“*y3S0- (you can oba.in 3. 4. 5. S!; list fro^YeVnepln county Depertnant of rinanc. A-603 Gov.rnc.nt Center 348->3271)a cirtlfieate of survay (signed by a lioanaad surveyor).if land <• 7.As sn addendum to t*^is application, any other persona you wish notified or this applicat-on. TOO ABB BBOOZBZD TO SUPPLY 30 COPIES OF LARGS DOCOMBM^ OR a »oJSl^(Js(S^X 17* 0* SMMi28) POK all POCCTgHTS SOBMITg ED. Bot been included# _______________— p1ea a« CwtmMtlorS^ciMioII^Daparsaant that Land use Appllcacion is conplene. K'^5?nia“fhSSy agree* to provide all La ravtow of thl# application, and eertifias tbat the xnforaation s pp true a n** correct to the/bett of his/her knowledge. ilicant*s signature z Date r” ” ■ ■ ^ R?Mner*hese^ acknowledges and agrees to this application and father EL*.^ v^if^cktion 'of tWa^aest ler's signature Date 'V^n/ir plleaaVl»«r "sublilittal* “JL^aiiSnai* a?? h.*ld SS■aning Cososiaalon Meeting. Planning commission Meetings ^are neia ^ ird Monday of each month. ®^S council If "an appliewit isview meetinas of the Planning Commission and council. ii anSn “ attwd a sSheduled Seetingr please maJce arrangements to have an thoriaed agent attend in your place and advise the Bull g Eico of this change prior to the meeting. u.ru^ \ ?•-I £■' r> tf';V fr' ,-- 2.V.: r- ;*y rr*^-. fe- ^-4 fi:: Er'‘CJ By.'- F’'-• % ^ . . .u ifc _• . ■ ^.T- ■ c? f ■■:•’ I .-V . ‘ *. - • ' V ■■‘i: (3) COV^Toi 3 fS) COVI LOI 3 GOVT LOT Z in$ mm . IM»-HI ri^iMtrfKi ss r r-;lift" eM • • 1ff: COVI LOr 4 (M) GOVt LOT 4 (JS) ,1 w.r I:' ■ ;-fS'' v^ V'v > r-‘; t; - *■■;;: ;•. - f: r f P 'W-r' E.~;t’.' ■ \ K: f, n T1 Bonestroo Rosene Anderlik & Associates r'nc G 30^*5:?::': =^E ^cc^r .V •c'.f'*** 't .'jfr*' C *'^ie’ • •■’? Vjrw^ Sc^/ja • E 5 r>:» -E £ '.Cr.^S ^£ ^cce-T Q k.’“u'"'C-r ’£ k.i^r V - G ■' * E^lneers A Architects ‘er** A 3c*'3c'' -£ %v ^sff' ’£ Gc^aa C 3-'ca"T! ^£ * SCw'CO'' 4 9C ^ i ». 2 ^ 5 '.V'ae* ’ ^jur-^arr »c •rcr'* ? J£ Ga..j 0 ^icra -^E ‘*'0’^as A) ^£ V<-ae* C ^..rc" «»E .ar^s 9 Va aro ^>E i» ■*'*1*^C'* "*E Va*» ? -c ri =»£ -?rf- C * ■* -c»//a"2 * Ga''^* . *E Mar* A >0 ?c 3 - Cas.-.r =»E i.-ae V^-:r« -E Mar* C Xaii'V i^E ’"cr^aj 9 ^rc:e'!cr' Ga''/ P ot 4 A .. *. 3 -- . uc J'j.e ^E V • »'3 >» C ^ r'". C •’- £ ^: c G * ?' ' t 9 Dtccs^ ®E Ga". A •“’E E*-a'e'i * E':*sc** wco M ^awe>*f ‘“•man M 0';or May 9, 1991 City of Orono Box 66 Crystal Bay, Minnesota 55323 Attn: Jeanne Mabuslh Building and Zoning Administrator MAY 1 3 -991 Re: #1641 Richard Keaveny 3425 Shoreline Drive - Commercial Our File No. 139-1641 Dear Jeanne: We have reviewed the plans for the proposed pollution abatement building for the Keaveny Drug Store, submitted by Dahl and Associates, Inc. The proposed building appears to have no significant effects on the surrounding property. We recommend that provisions for the demolition and cleanup of the area be discussed for the building as it is proposed to be only temporary. Dahl and Associates, Inc. should provide the City with effluent monitoring records on a continual basis so that the treated discharge can be reviewed. An estimated average daily flow of treated water discharged into the sanitary sewer will be necessary to determine the impact on the City ’s sewer system. The location of the building that previously existed in the gravel parking lot area should be shown on the layout map. Provisions for restoring the gravel parking lot after installing the recovery well and piping should be discussed. If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. Shawn D. Gustafson SDG:dh 139.COR. 2335 West Highway 36 • St. Paul. Minnesota 55113 • 612-636-4600 irI (■ To:Mayor Petersen & Orono Council Members Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson % Froa: Date: Subject: Jeanne A. Mabusth, Building i Zoning Admin May 15, 1991 #1643 David Nelson, 740 Willow Drive South - Renewal Variance - Public Hearing Zoning District - RR-IB ^9o. Pertinent Ordinance - Section 10.28, Subdivision 5 (B) - Side setback variance. Existing * 30'6" Proposed Attached Garage = 21' Variance * 9' or 3 0 % List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit 6 Exhibit H Exhibit I Exhibit J Application Property Owners List Plat Map Gaffron's Memo 5/10/88 Planning Commission Minutes 5/16/80 Council Minutes 5/23/88 Resolution #2535 Approved 5/23/88 Septic Location Septic Permit Site Plan/Survey Review of Current Application - The applicant has reapplied for the same^ side setback variance sought in the original application in 1988. T e findings and conditions of the original approval as set forth in Resolution #2535 (Exhibit G) remain applicable for the current review. Please also review Exhibits H and J. In June of 1990, the applicant installed a new septic system as shown in Exhibit H. Although not made a condition of this variance approval in 1988, the failing septic system was an issue of concern for the Council (review Exhibit F). Staff recommends approval of a renewal variance for a side satback variance of 9' for David J. Nelson for the property located at 740 Willow Drive South subject to the findings and conditions set forth in the enclosed approval resolution (Exhibit G). Mm 1Zoning #1643 May 22, 1991 Page 2 of 2 Additiomil CoMents and Planning Conaission Recoaaendation - set^forth in the original approval resolution and subject to the conditions of approval. Planning Commission also Helson had installed a new septic system in resolution has been updated to include this as a finding of fact. r iin rrr iMhilMlliinnilliHTie i I n 1^ -..af-.V-' A RBSOLOTION GRANTING A RENEWAL VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE #1643 NBEREAS, David Nelson (hereinafter "the applicant") is the owner of the property located at 740 Willow Drive South within the City of Orono (hereinafter "City") and legally described as Lot 11, Block 1, Webber Hills, Hennepin County# Minnesota (hereinafter "the property"); and NBBREA8, the applicant has applied to the City for a renewal variance to Municipal Zoning Code Section 10.28# Subdivision 5 (B) to permit the construction of an attached two stall garage to be located 21' from the side lot line where a 30* side lot line setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: 1. This application was reviewed as Zoning File #1643. 2. The property is located in the RR-IB Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 20, 1991# and recommended approval of the renewal variance based upon the following findings: A) The proposed location of the new garage is appropriate for the following reasons: i. The existing well is located directly behind the existing carport# hence expansion to the rear corner of the house is not practical. ii. Attaching the garage in place of the caiport would still require a side setback variance and would place the main existing entryway to the house inside the garage. The proposal leaves an entry walkway between the garage# providing a more usable, formal entryway. Page 1 of 4 ' 1-*” ■ r-y--: iii. Attaching the garage to the front of the house would conflict with the main living room window system. iv. Attachment to the left side of the house would not be feasible due to the location of the existing septic system and would require major revision of the driveway location which would encroach into the area needed for replacement of the septic system. B) In June of 1990, the applicant installed a new conforming septic system serving the three bedroom residence. C) There is no significant encroachment of light, air or open space enjoyed by the neighboring affected properties . 4» The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keep^-ug with the spirit and intent of th Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning CoBonission, reports by City staff, comments by the applicant and the effect of the variance on the health, safety and welfare of the community. OOMCLOSlONSf ORDER AMD CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a renewal variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of an attached two stall garage located 21' from the aide lot line where a setback of 30' is required, subject to the following conditions: Page 2 of 4 J V K fiV. I' V . a- 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 28, 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. 3. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 28th day of Hay, 1991. ATTEST: Dorothy M. Hallin, city Clerk Barbara A. Peterson, Mayor Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of May, 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor t City Clerk of the City of Orono, a Minnesota municipal corporation and said Instrument was executed on behalf of the City. Notary Public Page 3 of 4 k. Riv.-; •V. • f * <*,' ’ >• -;r STATE OP MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) On this _ _ _ _ _ _ _ _ _ _ day of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _, 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 MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OP HENNEPIN ) On this day of _________, 199 __, before me a Notary Public within and for said County, personally appeared known to be the person(s) described Tn alid who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 4 r ' -- CITY OP OROMO - VARIANCE APPLICATION / •• 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 i- j >3 .-■TV r-c norwitA I I ui ^‘lu/mi cfFm A.'w'V-'i;. v'vvwv PROPERTY LOCATION Site Address l4o Dr 01 C3 100.90 .. .A . 94•V Property Identification Number (P.I.D.)Lo~<- n 'Sit / F./h VW/ Vl^/ t Attach legal description to application if not included on required survey. r i, : ' '~'-K ■ APPLICANT Name -i aJcL^O kJ Phone (home) 3 ' S ___________ Phone (worlc) ^scP -/3b O Address: 7^0 LO^llouJ 7V Citv: l Ua^YZaM- Zip: :T05-Z ' *■ ONHBR (if different than applicant)Phone (home) Name Phone (work) Address:City:Zip: Date Property Acquired (month/year) I (do) (do not) also own the adjacent parcels of land PRKBNT USB OP PROPERTY Present Zoning District €> rc n o Present Use of Property jTs,Residential Other (specify) ORSCRlPTKNi OF REQUEST Estimated Construction Cost $ Describe request in detail: ~7^ f’ . VARIANCES REQUIRED Lot Area Lot Width Hardcover Setback Variances (Front / Side Rear) Other ■ f 1HARDSHIPDescribe undue hardship or practical difficulty resulting from strict enforcement of zoning regulations; ^>• tw^Cf , /A^Lts-C f~ 77^^c.r~L--’tL_ T~1_____t > l. >-cV>7 OESCRIPTIOH 6F DHUSUAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements; , Ta-c.^ ^-cp A/c-tH'U c-f '7>r,,~,p<£ 4. REQUIRED 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 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) cot«y 8%"xll" for reproduction). Topographic survey (exist‘.ng and proposed elevations) if any changes in existing grade are proposed (provide one copy 8J!"xll"). Sketches or plans of floor & elevation views (provide 1 copy 8J5"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. 5. 6. 7. 8. The Applicant and Property Owner must sign this application. Please remember that voar variance application is not complete if the above Information has not been included. APPLICAHT'S SIGNATURE 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 correet^ to t)^- best of his/her knowledge Applicant's Signature Date y- /<^ - <9/ 0—8 SIGNATURE The owner hereby ackowledges and agrees to this application and further Authorizes reasonable entry onto the property by City staff, consultants, agents. Commission members, and Council members for purposes of investiga tion and verification of this request. Owner's Signature Date -9! 7^— - -- -^- - - - - - - - - - - - - - - - - - - - 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 rewieif meetings of the Planning Commission and Council. If 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 6 Zoning Office of this change prior to the meeting. ffiM DMC e«/:i/e9 Htminn CCJ*!!! rSOPIBTf l»;fCPHVIlCtl Sl5Urt r-rortPiT o;r.t."JS list PtPORT »iO. 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Also praaaat aaa oaaa barerta oai Cod Aadarsoa saatar at eata aparatlaa* aad laO ■hiaa oaaar a( tto tolldlaf. • . a«a aaa maw Atolatatcatac toratordaaa atatad tbla la toVaaMd ^ A^lAlAtfAtOC®0 iotorpcototloo'STttS, «&.•!?«r?.*ftsi aatoactad, la ttot tto.aatoS aaparata aaaaa-.aaald ba abathae iMiajSS *MKytbta a aa la mi ttoaatrlal aaaa aai If tto S!5"iL^*??*'.*****‘.!**“ •■<»»•"•«•§ eatotablaa r>j :..1 I. —^-----^ . www*^ WWW w«a« v'^waaaaaaato totomSABBA^Bthat aaab la* It aavld aaoaaaltata a aaalaa aaia “““■'■■ 't .ta allaa aueb uaa* J**A toafa atatad that tba typa a( apavatlaa *^^Mca birdtoaXIaa pcopaaaa In tbla leeatlaa aaaM ■L*5. .*»5P **• loalni aada ablab daala altb •tolaaallat aarabauainf aadar faetlato 10>$t taalaa bdalalatratar aabvatb atatad tbat t**'Sl“**^\>^^*** tolara, tba Uaalaf aaaat***^ atatad tbat aortbarn bydratolaa *•• laablna at tba faalllty aad tba laaalM aaaat aaa adalbad tbay aaald baaa toeaaa in (ac a aSlaf *.••••* "i •V. '0 * ^ » ■r '•*. - . > »• 0 . y « - ^ , — ->o >«cv * . •< *^' i*^V >' > ' - ^i -1:*• V • • :r'V' ' i • r: ^* V • ^ ^v.7^ -> ' j.^.^I >♦.r. -•^^'8?. SS12181 City of OROIVO MlOkUTKM Of THI CITY COUNCIL NO. ^<3S M.Si* tna •UV4 wii«»f»la «toM »Un,**2i.?iiVSSi^ «. an -•; ^ i Mll«# OMaavia Caaatr. *11 ' 1* J^?-*S?if?!5* «• «*» *•» •iA!!rM_.a ^ nw APPi&M to tmm^ »«n^ cod# Caetlaa lo.ac* tabdlYlaloar?.: MNNtVMtlaa of aa attaehad mm a»aii *Vl^fE. iJT^Vl-TTrT *•.«•# aoBoaviaioa 9 (■) ta aoni *£ ** **• •*•^1 farafo to bo looacod ai*Cnaite lot llaaoboao a !•• aido lot llao aotbaek la aonollV ro^dawT n X* mOLVa by tbo city Cooaoil of ‘•>** T f^ "* • . - ' »*n ♦- ’i??'."..*'tv. --j ■• ••aa roYlaoad at laolaf Mlo IU74. '^(fcagLaisas i&jssr “ *“ "■*■ ”****-gjp^ ^ ^ ** k.^>>•5^ ■ •" ■-■ ■ • •• -5lS3TSli!!***“ •'“•«• «“••• nniSStaJSfSrW n* MlntM mil «• iM(U« 41 B s?S;ths? ** forafo 1a alaoo of tbo *Bsr,‘ “ “* tOfO X of 4 . •'# ,-x •* a b A , f vtf 'f *■* • ‘‘ \ . 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City of OROIVO MIIOtUTIO«l or THI CITY COUNDL WO. 2435 I •r. ♦. * 'i- - •t-* . -•-r* - t* ,w »• ■ 4* Att«OhMBt to tho loft 0l4«i of tbo foooiblo 400 to tbo loeotleo of tbo oo4 «eol4 ro^oiro o oojor rovioloo of tbo 4^i «*icb «o«14 ooeroocb loto tbo oroo aoo4o4 for rof ] tbo tootle oyotoou tboro vtll bo ao ol^flcoot ooerooebaoot oojcfod by tbo aolybboriat offocto4 *• •- oofoty oo4 oolforo of tbo I -j fr:^. : .\ ~Mul m 4. tbo city Cooboll boo ooaol4oro4 tbio oyylle«tloo iootoilM tbo tla ilofo oad rooooooodotlooo of tbo Oloooiof rnooiooloo. ,, City otofft ooooooto .m;■•4.’--'I'^AYorioa oo oo tbo booltb< • V. ...• - M ^'ssssaiisi ssa.’sssijn^srs ~ ;sr»rsism g; rjssssrris^ssf^ T.-r.^otnblo boriobly or^fleoltyt io :r:^kfroyorty rlybt of tbo ofylloootf oo4 voo irlt oad latoat of tbo Soalay Coda oad CeoyrobMOii^ f: $• fbo City Coaacil fiado tbot tbo ooaditioaa oaiotiao «o tbio>-^' yroyocty oro aooalior to it oad do aot oooly ooooraiiy to ntrr t r fooiooty ia tbio aooiao diatrioti that fraotiaf tbo warimm oooM oot4a y to yrooaroo o otbataotlol^^<' Id bo io baotiof ottb tbo>^ CeoarobMoioo tloo oC tbo-^?! .c Baaod oyoa too or aero of tbo fiadiofo aotod abotoAtbo Cooaoil boroby traato a oarioaoo yor Naaielyol toaiao C Cabdioiaioo S (bl to yoroit tbo eoaotroetioa of m a( w.»otail forofo looatod 31* froo tbo oido lot liaowboroa ooi _ _ ^>^tbo aido lot iiao-io aoroaily rocoirodt oabjoot to tbo Coilooiao^BI f;/>oaod iHoao» . v>-;>•, •. '•? ' ^ JP I. batboritioo fraotad vitb tbU rooolotioa nai aitb tbo fotfotty atb vitb tbo ayylioaato* bat oro yofoioolvo ooly oad oaot bo oooioiaai lb ayyliootioa for o baildiat yoroit aitbia oao year of tbo data of Oooaoil ayyrovolf or tbio vorioaeo aill oByiro oa that data ’Ifif). 3* Violatioa of or aoo*eooyliaaeo aitb aay of tbo toroa oad rt oooditioao of tbio roooittioa aboil eeaatitato a aioiatioo of tbo. <: aoaiat oodOf aboil aatoaatiealiy toraiaoto aay aotbority or aot ad • boroia# aad aboil bo yaatobabio oo a aiodaoooaor. * 3* tbo oodoroifood ayylieoat bovo road* to tbo torao of tbio rooolatioa oad oa bobalf of bioooif* bit boiro* '' fayo 3 of 4 .. •9 r«** ■ r. ^ I h.- • ^dsc/f i • . >> -:>J? WP' ■■'^m Afi^f K. . ,f’ ■ . " ^, \ % \ f% i I ». % . ^ L. . •/ r •/ -U i\ I -i' -reRMIT • PO,f a • 74P VtLUM M S « • 7»rali Tvm Uf'iK ..vbTLri Work Tr»« ftCZlOUtU ■/.' V, i.-. Pm f#Ul 7m •7ft.60 vS'8 r V .‘ V :j •X . f- I -i • 4* a«..*r** fit I €fttari72-ftft2t “ ***'as&s m Mf m ftftftftft OWMCff NCL^ 74^1 7>Mtau OWOt/ftO j’!i& Sfl. '3* -tn «P 9ttkJ% LM Iff ;7.# .. .*;y ■ ■'fIu'=. flOkC « WlUiAf IM ft f« ftftifl W!JK*J5r!riS,S SStl2»jrtft SfOIC 07 (IIIOCMtTA OMIiOIMO OOC ME4W0B U TTuir J O'^ /-<- •w':.'1^-— •r;: \i-r 5r ; i a-'» ^ - f . ^ V : • •. It P '.S R^'i' ■' '••1 Iral .%}Wtf-: ■ t ..vx<;. r<i >i (• t ^ ^■h\fv..-(' It . Cf •:*' K4?i* . K - r I A 'AV/tlWf V V.; N. 1.' ■• »■; ■•:1 :i » " ^ ri.„»«i* ^1 /# WlUiOW DRIVE ^w?'-r ^ t.'* INNOVATIVE MICROGRAPHICS f DUE TO L- = r: 1} THE POOR CONDITION ! ^ if. OF THE PRECEEDING fl'DOCUMENT WE CANNOT ♦ ■■ rr r . i:' 1 s PRODUCE AN ACCEPTABLE *?% 't:MICROFILM IMAGE. V • ;*• i • ; II- •••• h -.. m- i. - V.4* * r-' TO:Mayor Petersen s Orono Council Members City Administrator Bernhardson FROM: DATS: 5219&L..-.-. .. XMichael P. Gaffron, Asst Planning s Zoning AdministMtofl|M|^ %\ % May 21, 1991 SUBJECT: Hardcover Status of Weed Control Fabrics Issue - Should weed control fabrics be granted non-hardcover status, and under what conditions? Bshlblts - Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Pertinent Zoning Code Sections Current Hardcover Flyer 6 Worksheet Article, "Goodbye, Polyethylene" Minnesota DNR Guj'felines - Riprap Product Literature City of Eagen Flyer Re: Water Quality Freshwater Foundation Excerpt - "Lakes & Lawns Excerpts from "Designing with Geosynthetics" toning Code Definition of Hardcover - The Zoning Code definition of hardcover was adopted in 1974 and has not been revised since that time. The definition reads as follows: "Hardcover" - any structure, blacktop or other material which interferes to any degree with the direct absorption of rainfall into the ground. Intont of Hardcover Ordinance - The specific intent for hardcover management is alluded to in Section 10.55, the Flood Plain and Wetlands Management Ordinance. Section 10.55, Subdivision 1 (E) states that one of the specific intents is to "avoid too fast a runoff of surface waters from developed areas to prevent pollutant materals such as animal feces, motor oils, paper, sand, salt and other debris, garbage, and foreign materials, from being carried directly into the nearest natural stream, lake or other public waters." The Orono Comprehensive Plan in Part 2, Chapter 3, (the "Enviromental Protection Plan") discusses in detail the various studies that resulted in the adoption of "Urban Area Policies for Natural Resource Management" on page 3-22. Item #3 of the Urban Area Policies reads as follows: i I Umi -wAi r b 1* h I i- J ^ Hardcover Status of Weed Control Fabrics May 22, 1991 Page 2 of 5 "3. DIRECT RUNOFF INTO THE LAKE WILL 3E MINIMIZED. Standards will be established and maintained to limit the amount of impervious hardcover in proportion to closeness of the shoreline. Maximum hardcover will be limited to 30% of each parcel within 1000* of the shoreline pursuant to Minnesota DNR recommended shoreline practices." The Land Use Plan, Chapter 4 of the Comprehensive Plan, emphasizes that the "Urbanization Spiral" leads to high density development, increased hardcover, and a decrease in lake water quality. Policy Deflniti<»i of Hardcover - Over the years, staff and Council gradually developed a working definition of hardcover in order to administer the ordinance. In the early 1980's, a hardcover calculation work sheet was created and gradually evolved to the current form. The current working definition of hardcover relies to a degree on interpretation and judgement. Currently, the following items are considered as hardcover: 1, Roof - (except that roof overhangs high above grade and extended not more than 2 to 3' from the house, have not been normally calculated as hardcover) 2. Sidewalks - (concrete, asphalt, brick, wood and other solid materials) 3. Paved or gravel driveways - (all surfaces which are regularly or occasionally driven on, are considered as being compacted and therefore impervious, regardless of ^he porosity of the gravel or paving material) 4. Patios and Decks - (in the early to mid 1980*s. Council determined that decks, even with spacing between the decking, would be considered hardcover because of the high potential for impervious surfaces such as patio blocks or plastic to be placed below the deck). 5. Tops of retaining walls and rock walls. 6. Decorative landscape areas underlayed by plastic sheeting or fabric. (Until about 3 years ago, staff had been recommending to residents that they use fabric instead of plastic, until the Council directed that fabric lined rockbeds would be considered as hardcover.) I m:. k- Hardcover Status of Weed Control Fabrics May 22, 1991 Page 3 of 5 7. Until a very recent directive by the Council# the water surface area of swimming pools had been considered non— hardcover for calculation purposes# on the basis that rain fall on the pool water surface was held in place rather than running off. The Council rationale for calling the water surface "hardcover" is that rainfall hitting the water surface is not absorbed into the ground. 8. Other items not listed above have been considered hardcover when they consist of a surface that does not allow direct absorption of rainfall into the ground. Landscape Beds on Residential Properties - Installation of decorative landscape beds on residential properties may serve a number of purposes: 1. As an alternative to grass lawn where grass won't thrivOf i.e. shady sides of buildings# and drip lines below eaves• 2. As an aesthetic amenity# oiten to highlight trees or shrubs and minimize maintance around same. 3. On terraced slopes which are hard to mow. 4. As garden pathways or walkways. By design# landscape beds with rocks or wood chips are not easy to mow# and therefore the need for other forms of weed control is prevalent. Weed control typically includes: a. Use of non-porous polyethylene sheeting# providing a physical barrier to weed grovrth as well as limiting do%mward flow of moisture# and possibly limiting sunlight. b. Permeable geotextiles# fabrics which allow air and water flow but provide a fairly effective weed barrier. c. Removal of weeds by hand. d. Usa of various chemicals which either kill weeds or sterilize t’ oil. Staff has r earched the various types of chemicals for weed control. Ho>.^ror, especially on lakeshore properties# it is assumed that improper use or excessive use of such chemicals increases the potential that they will be carried with runoff into the lake. K'' r|; I'/. 1 >1 I. Hardcover Status of Weed Control Fabrics May 22, 1991 Page 4 of 5 Plastic vs Fabric - The manufacturers of various weed control fabrics have made a variety of claims as to the effectiveness of fabrics. While some manufacturers allude to the elimination of sun light as the weed controlling mechanism, others suggest that the impenetrability of the fabric by common weed species is the significant inhibitor. Polyethylene sheeting and geotextiles are both petroleum products, and deteriorate under the ultraviolet component of sunlight. Most weed control fabrics on the market have been "treated" with UV inhibitors to retard deterioration. The bigger issue for the City is permeability and the absorption of water into the soil below the plastic or fabric. New plastic is highly impermeable, but does deteriorate after a period of years to a point where it allows weeds to thrive, suggesting that it becomes permeable to a degree. Fabric Peraeability - Fabrics are highly variable in their permeability. The most significant determining factor in permeability is whether the fabric is woven or non-woven. Non-woven fabrics, consisting of bonded random-oriented strands, typically allow 10 to 100 times as much vertical water flow as woven fabrics, which have strands of fibers oriented in geometric patterns. And, there are dozens if not hundreds of vari'^us fabrics manufactured for various purposes, which may result in extremely variable degrees of permeability. Fabric permeability is typically measured as the rate of vertical water flow, or the ability of a fabric to permit the passage of water through it. Vertical permeability is typically measured in gallons per minute per square foot. Typical values i Xifor non-woven landscape fabrics available at local landscaping outlets and garden centers, are 200-300 gallons per minute. The woven fabrics such as Dewits Weed Barrier are in the 25 gallons per minute range. There are also some "shade cloths" on the market which are a very open weave, which would have a high permeability. Although intended for above ground placement as a sunlight screen, these shade cloths could conceivably be used by scmm people as a ( probably ineffective ) weed barrier. Rsfvlew of Bxhibits - Staff would direct Council's attention to the Exhibits attached to this memo, especially the article entitled "Goodbye, Polyethylene". For a more technical review, please see the excerpt from "Designing with Geosynthetics". K.' % k. Hardcover Status of Weed Control FabricsMay 22, 1991 Page 5 of 5 The DNR Rip-rap Guidelines are included to indicate that permeable filter fabric may be incorporated into rip-rapping -or a number of purposes. The use of an impermeable barrier is not discussed, although there may be specific rip-rap applications where one would use an impermeable barrier. The product literature for the various brands of fabric is included so that Council can get an idea of the variety of fabrics and characteristics. Finally, the information from the Fresh Mater Foundation and from the City of Eagan discusses a number of practices that, while not strictly related to hardcover, would help to reduce the nutrient load in run-off. Staff Reu c—endaticn - Staff would recommend that Council allow weed control fabrics as a non-hardcover alternative to plastic sheeting or chemicals for weed control and landscape beds. Council may wish to consider limiting the non-hardcover status to non-woven fabrics only, although this will eliminate the use of some of the weed control fabrics currently in the marketplace. {Because of the variety of fabrics and manufacturers, it may be impossible to determine whether a specific fabric meets a specific water flow standard, although that might be a basis for allowing or disallowing a specific fabric.) Proposed Motions Moved by _ _, seconded by _ _, to amend the current hardcover policy to allow the use of non-woven permeable weed control fabric as non-hardcover when placed below clean, permeable landscape rock, wood chips or similar materials in landscape beds. Further, staff is directed to update the hardcover informational flyer to reflect current hardcov policy. Ayes ___, nays ___. MPG/tln till n i ii ii. ^ « o . o 4.28. "Guest House" - An accessory separate dwelling A^i^rlgriaf llt'ilqX?me"n?s shall be met by the guest house. Source: Municipal Code Effective Date: 9-14-67 29 "Hard Cover" - Any structure# blacktop or other material which interferes to any degree with the direct absorption of rainfall into the ground. 4- / Source: Ordinance No. 172 Effective Date: 1-1-75 isssSiSii permitted in "R" Districts are present, no excessive Is stored on the premises, over the counter retail sale® involved, and entrance to the home occupation is gained the structure. A professional person may use fff consultation, emergency treatment or performance of religious rites but not for the general practice of his profession when such general practice will involve the need for more than three off- parking spaces for the occupant and visitors. ORONO CC 244-1 (4-1-84) I' •V. 5> iO. ii Subd .5..“.rea, 2-1/2 stories Section 10.75. A. or Height V. -• — • 1 be observed: B.Lors. r.ecuirenents. No srruccure or building shall exceed feer in height except as provided in B. Lors. The following minimum requirements shall Lot Area Lot Width Front Yard Side Yard Side Yard Adjacent Street Hear Yard 1/2 acre 100 feet 30 feet 10 feet 15 feet 30 feet e»o in 22 HSGULATIONS POR “LR"1A"» "LR—lA—1*» "LR—1B"» •T» IC^MD PAMIW LAKBSHORB RBSIDEMTIAL DISTRICT.•LR-IC f. i" "r 1TR.1C". «r "T.R-lc-1" OneWithin any "LR-IA", "LH-lA-1 / lr-ib , F^Tiiy tSL^hVrt^iside'ntTal DisWx^t 'thrfoTlcwYn; shall apply: Subd. 1. Lakeshcre Set Back Regulations. The setback from the shoreline for lakeshore lots: A. Shall be 75 feet for all structures except that on lakeshota ..ots divided by a major not in excess of 20 square feet in area and 48 inches in J; 2Ho«d oYthe lakeshJre portion of the lot and requires a building pennit from the City. B. No principal or accessory structure shall ir>r*iited within 75 feet of the lakeshore nor closer to the lakeshore than the average distance from the shoreline of existing rliidence build^^^ on Adjacent lots (refer to Orono Manual of Design Standards and Specifications) except that this does no ^pply to Structure allowed in subsection A above. Subd. 2. Lakeshore Hardcover and Land Reoulations. within 75 feet of shoreline there shall be no excavating, filling, hardcover, temporary or permanent structures «MBra»Y.niiitt.d under Subdivision 1 of this section. «^hin 75 t5 *50 feet of the shoreline there shall be no greater than 25% . , wit’hin 250 feet to 500 feet of the shoreline there ShSll b2 no greater than 30% hardcover, within 500 feet t^,^00^^ feet of the shoreline there shall be no greater than 35% hard ORONO CC 283 (4-1-84) 3 ^ mimim Subd. 5. zoning 7se Districts. The Zoning Use Districts C'laptet. Whenever conflicts occur between otner orovisions of this Chapter and provisions of this Section, the .tost restrictive provision shall prevail. Subd. 7. Regulatory Flood Protection Elevation. The Reaulatorv Flood Protection Elevation shall be an elevation no loSer than^ one foot above the elevation of the any increases in flood elevation caused by encroachments on the flood plain. A. The regulatory flood protection elevation within the Ploodway an*d Flood Fringe Districts shall be established by addina 1 0 foot to the Base Flood Water Surface Elevations within Floodway ’listed in the Floodway Data Table contained in InSuranae Study. Regulatory flood protection elevations between cross~sections shall be interpolated. B. The regulatory flood protection elevation for Lake Minnetonka shall be 932.5 MSL. C. The regulatory flood protection elevation within the General Flood Plain District shall be calculated by a qualified celistSced professional engineer in accordance with procedures set forth herein. Subd. 8, Development Restricted? Prohibition. Except as hereinafter specifically permitted, no filling, grading, dredging- « ■ ^_____ _ .A mmiVcVv^ii'onhardcover temporary or pef”t' ^ SSatructionV septic systems, well « other construction shall Allowed within the Flood Plain and Wetlands f“t on any lands within 26 feet thereof; nor on any land ■*'^t^hin ^5 of the ordinary highwater elevation of any lake shoreline, not on land abutting, adjoining or affecting said area if such activity ipon thosTVdiacent a?eas is incompatible "i^h the policies expressed in this Section and the preservation of those conservation areas in their natural state. have a low^fl^oid’da/ag^r^^Ynt^lf Js^'rult^ftMJ! pjOTlsiorand provided all pernits or authorisations Ss may be required by other City C°<3e '?f“^*^\thoStother governmental agencies having jurisdiction, including wj-^hout limitation, the Minnesota Department of Natural tofSTervatton ^ In addition, no use shall adversely affect ORONO CC 365 (4-1-34) fi'li-imTil le II i. 2. 3. I. 1 I V oRaNcr CITY of OEONO Pos: OfScB Box 66*Crystai Bay, Minnesota 55323• Muaidpai Offices On the North Shore of Lo^e yfinnetonMo mSTROCKOHS FOR COMPIETISS H»RDCOVBR CALCOLATION WOESSHBET CircX. which setback tone (0-75-, 75-250', etc.) the calculation is for. of hardcover within that zone, enter the length ana ;?lthV ik/»ult4ly to let scuare footage (s.f.). Add up .11 the square footages to get total square footage of hardcover. . f «s*nT**»’'*V within the zone and nmltiply yDivide by the “t»l .«a of Prope-.y 100 to get percentage of harccove- If changes in hardcover are 5 ”-resul^ts in percentages =ity proceeding with your project planning 1 waMCOVgy QHDIHAHCS - m ^an^be covered with ordinance limiting ) |uch as roofs, driveways, sidewalks, impervious surfaces ( , qOO feet of a lake. Studies haveis. on properties located Within into the lake from shown that sediments, ^1*' ,?«trimental impact on the quality of highly urbanised areas » gf'orono's ordinance is to ensure ^at water be Cleansed by filtering t.hrough grassed or j:^2t«ed |«d“a“rs before entering t.h. lake. Hardcover zoma - Allowed Perceotages: 0-75' «? 7S-2S0' 25 J - _ 2S0-S00' 30% -***; 500*1000' 35% irdcoeer inelndess - Roofs __ ... - SidewaUesPaved or gravel driveways- Patios « deck. (Includes sotted de^ - sops of.rsMl^g «11«.*.*^ — I Tops of retaining by”plaatic sheeting or fabric - 0«Mrative ,l^K.^ absorption of rainfall Any other surface that does hot: .. • into the ground . :_L.. . ........... NO a zoKinc - 473-7357 AOMiNtsniA'noN a finance - 473-7355 PUBLIC WORKS - 473-7359 I • T ^ • •» PRODUCT ANALYSIS (KIODBIE, POIfflsyffl The emergence of Geotextiles — a new age begins. I I T ntU raoently, ttie only weed control ^ material that lias been available to the pnfeMional landscape and nunen* Industry was uther a black or clear plastle sheeting made of polyethy lene. Khas been so widely used over the yean that even the most knowledgeable aidittectSt landscapen and hortlcui* tnrists have accepted its use atongwith an of Its inherent problems. Hie shortcomings of “poly**, or vis- fuaenasiCisknowninthelndusto’, are First and foremost, it is a send, non-porous plastic sheet which slows absolutely no exchange of air and wttor between the atmosphere and soil. This precludes the nstu^ and neces* assy sariiange of excess amounts of car bon in the soil with life-giving in the atmosphere. It also inhi- by Donald F. Ritterbusch bits the percolation of natural rainfall into dehydrated root zones and prevents any excess soil moisture from exiting saturated soils by ei'aponition and there fore It often strangles plant matensl. Carbon dioxide is produced by living matter such as bacteria, fungi and roots, and is constantly accumulating in upper layers of soil, liiere is strong evidence to suggest that a high soil carbon diox ide content alone can be toxic to plant raterial. As well, certain plant species i.uy appear to show deficiencies in iron and magnesium from the leaf chlorosis pattern, but instead, the problem is ■»imply Insuifident ox> gen in the soil for active root absorption. Since it is essen tial to have a sufficient quantity of oxy gen present in the surrounding soil for any absorption of water or nutrients, it is imperative that no impervious barrier be present to deter a proper air ex change. Frequent errors ore made in diagnosing plan ‘oblems, as nutrient deficiencies and toxic contamination are wrongly blamed for problems created by the use of polyethylene film. The use of poly leads to plant stress, and that creates a greater likelihood of disease and insect infestation. This means prob lems for the homeowner and greater costs for the company guarantying the plant material. Polyethylene film suffers from other definite drawbacks. Not the least of these IS its lack of overall strength, which deteriorates rapidly with fluctua tions in temperature and even short term exposure to the sun or certain fCont. on page 10) 4 i S'® & e n Combo • Woven Non- -• I ■ •*}; :* • Woven' .Von-- *Non-*;"“ Woven'*Woveri^‘ ft,#??.." Blend . Pblypro- Polypio- Polypro;’Polj-pio-,.Poj.. I. ...........pylene pylene py»en«..» pylene^ [jpWMtKi«v ... .. v-r.-. _Heat * , ‘ Heat^,* j<iiaa<ei smsaaeM«*«ii««-Blk:. :,. Blk.':;;*Bik. v.Dk..Cta> Whit* fs»,;isss!««7»-2 .'U. s*-I , ,i 36- •! 28'^** '30* 60 60 rta' •: •' • -nw r'‘,' I. n>a^>- •45 •!* ^ j ^- * Hi AW|T7r aiNL)tu 06 .. ...05 as 125 260 200 ISO 40 125* 140'^ •Xa 27 • ' 1 200 2.86 345 65. V- 300 . * tVA* * . y2B : Good n>or £xcl.. Excl.ExcL Good Lxet-'•-Exd.... Excl.Good ■ - Exd.r Good Ftir>Good Good . Excl.-' -Exet .63 .59 ...75; ..TB .55 - Colorado Green • Fall 1086 • I Geotextiies: Fabrics of Many Uses •Ujilike^e limited and ^'approp^ate wldch polyethylene film has , iieen.Spiled, the new engir.eennij . fibiica have a wide variety of present . and 'eveii more potential applica- ' dons as new and better fabrics are . developed: Presiently, the new geotex- ‘. dle''products.aie being employed in a - .magnitudp of applications ranging from , *‘sufasli^CKe .'u^ like drainage protec- V *^tldn, root encroachment barriers sepde «s^eid/iiiidAv'and-ground stabilization ««,bi^to tfo abii^ ground applications Vrarion ootttvot^ revegetation mat- i ^drlg(OQtvrthlctlbn ^sediment control ?s,- fendng;*1ircai wtadi^ asphalt pavement '' Vvioli^' golf cduiae green blankets and ’'^Tmiidilnera’**’ *• *. • V'-QiiUg^o^u^. ttte same type pro dutt omnot te used effectively in each ^^tf ttiase aiaM and although in the ear- ^ •f?- • - ' innuitetur^ ctf wch pnxlucts os rope «andritenlii^5tiothlhg and carpet. It ••f baca^apppi^to manuflicturexs that .. thaMiMw.*hn^da’’fyitt^^ '>pertiad/thitt.dd!ild rnake them of great • r ;i^aapha|f bytosm^afa'angthenandpto- • *-:lpMtteJllf)ibf<ipBmioad^^ Woven • % ••in. h^^wei^appttad to the 4ahdk:aP!»,.yid-inin^ industry as a «*.w^ lM9^and>fi^ other products aitaloii.odniroijn 'ideoHMiif )limto were, newS5©........______’the.market with s i'^jUto'eefBpfoduciB jbaitig leappliod fhttn l^i.attfeiilndtistiliaaLaiMi the race was on. iu« the landscape industry ‘fihda m itibat obinmon appUcatlon for f fjgsbtiKdlaa fit ^ area of weed control ^fjMRlt^’.'andAiiiQ^^ mam and * matar there are many jttjgrhen.ithey can make a Itfpdiltiitt.lnil^ wHh the ' **Vhgoli4|#|lay«lepmenu 1 In , fabric %-:de d v/ide opp^jituracy :or ^eoiexiue ■lie. Rdt^iirarg vaili of dll lyzcs am b^neiVw from the proper appiiCiition of ^eotcxnles. A simpie dnurage sv^tem. -3in^ ^vel rapped \\TJd landscape fabnc placed behind the ^N*ail. allo^vs moiscure to dram do%^'n away from the wail, thus relieving lateral water pressure. A sheet cf fabnc atiached :o the back of a timber or non*mortared masonry wail allows water to flow' out while keeping the back fill stable A similar system is applied to use with pado pots and large planters, IVhen laid between the pot and the back fill, the fabric acts as a filter in a coffee maker, keeping the soil In the ccnuiner while allowing the "water applied at the sur face to flow out of the dram holes at the bottom. ‘Ijr litiiiini nf rtiii imrlumr ^ | '^^ituiirotsfiverr'made oTroultt-w i .. ducbg tlw.influi^t*adl^ '= ' '* ln.th€ jii«M flirproduct dwoslflcatlon ^ Bedding Aggregate \_ Md deycMxmoi; Grett | •^4)eell'-lnadn'fal'■Jp8t ’th••lalt few years = *Mvidtlr th»wIdmaGoeptance of the field C ^ valun of gsotodllH and the resulting in- . ’ flux i of oompsdtion among product •\\*^deveh^Mn<and. manufiKturrni . ''TherootSofgeoiactileagobacktotlie . ,7litec l960s and.eariy 1970s when the -.'petroleum’Industry was searching for o>-.uaek'fiac.’ttielr‘veii«d bjf^producta. Syn- .'thetic. Aier: ikbrics sudi as nylon, ; po^nister end polypropylene had been 4 tn;uM finite number of yean In the ■ * I ' Geote.xtile .Anchor Subsoil One use of ^textiles in rrrvnon contm. Sub-surface systems, such as French drains and sumps are improved g* uly by lining them with a geotexu.-. The fabric prov'.iies a free flow of air and water while preventing soil particles from entering the drainage aggregate. It therefore can provide considerably longer drain life, often elimiruite the need for perforated pipe, and prevent roots from dogging the drain. Similar ly, fabrics are used as septic field liners and in drainage applications under athletic fields, riding arenas and golf c<?utse greens and sand bunkers to '2' prove soil drainage while diamadcally ^.ding surface stability. It should be noted that only fabrics with high water permeability rating and filtration capabilities such as the non-wovena, should be seriously considered for drainage applications. Erosion control is another important area for landscape fabric application. GeotexUle use beneath G^iianinata rip rap or substrate aggregate enhances the functional potential of the rock in severe! ways. It provides e*cellent sedi- n-.ent r:r.-.i:;-n. prevenu lateral water pr05Su.-3 '.Uiij-'ip, j'JbUizes the entire structure aioujt frontal -.vater forces and preionas sj'stern longevttjt At the same cme. the fabnc inhibits weed growth keeping fhe site astheticaily oleasing. FHbncs used for this purpose shoiiid be able to withstand a high level cl j'.siailanon stress and therefore have high abrasion, puncture and tear resistance. Mullen Burst strength, and tensile strength, (see table i). ■. • .,; Soil separation was pne of ..the firac* areas where • landscape,engineering- fabrics were used. Whoi ^^Ued uiidec^ ^ I road base on roads orln parking a., geotexule can reduce aggregate depth . ^ requirements by up to 35%- arid‘reduce future potholes and itits» At the same • time, it separates the road base from the - subsoil, thus reducing aggregate. losa...... Certain specific fortes are ^.ui^ oa..^. . a layer in the asphalt panHhg process'.. greatly Improving the life-span, and structural integrity of the roaicrMtiftce. Sod 5tah ‘ ' tadon of cart pathg (fin and , gravel roads, high traffic,oonscnii^bn sites, railroad track bedsi'sand, p^-s bases and poorly drained areas iue measurably Improved by The use of • geotexules. Specific fabrics that combine-'•- reasonable permeability-leveb'With high * ■- stren^ and U.V. resistance,.worit.well,,' os low-cost, reusable sediment control,, and access limitation fences on con struction sites. Golf courses are using geotextiles to provide a leuseable winter - cover for.. Jtting greens imd nurseries;' - are protecting terider pot pidnta from f > wind and freoe damage by.imiroundlng '-r them with fabric Spedfk^y design^' fabrics ^vith espedaily wide fiber spoc-': ^ ing have enabled some inanuibceuren-, to add impervious layen to fabnes^for. use as lake, porKlaridstnaim bed'lirieis«^ and the list seems to gt|^ and growa We are limited, howevec'ty morothan* • Just the ferdltty of our lmigixmtloM.h^ the applied usea of these fortunately, sotne inanufSactiua .ar^ distributors, although probebt^'^n^ tendoned, are ieoommNmi|iz^.oatiyR'oi!*4. their fabrics fpr liaearfiirjwhich they*;, were not intetided'iand.aie'ccimpldtelyr'.'i,. inappropriate It renulna fiir thm'j^?<; for aU landsc^iiiig ^ etighieering pro>^»r fesaionals m serioualy.evaluate dieigf.k. needs in these.aieeaa^ whine vpfaa In^ ^ product capability eid^. leoMIcM’ ' themselves to thedevelpfanai^af and better ptcduct.Utunr Qgpttad^ pn- * ■ not a unlveisal solution,ro field problems,, but-fir f f polyethelene fUm;or whabls.ih sedan^ ' place i; ColoTfido Grem • Fall 1988 • 9 r 'f Goodbye, Polyethylene. . . (Cent, from page 7} chemicals. Poly is veo’tsusceptible to puncture from aggregates, dried weed stubs, and even mild foot traffic, and once holes are made in the film it becomes an Instant candidate for weed infiltration. Even if the plastic sheets survive a rigorous installation process, there is virtually no aggregate to fabric friction, which causes lighter organic mulches to be “gone with the wind." Worse still it is literally impossible to Inqi any aggregate in place when using poly film on slopes. The mgiority of the aggregate uiually ends up sliding down .. the visqueen to the bottom of the hill. V| tateH>f-the>art technology now pro- vMes lu with geotextiles, a series of products that help to solve a multitude of engineering and landscape problems ■Tlwy hswe finally di^laced polyeth>'lene 'from landscape use and put It back do ing Jote for which is better suited. Oeotextiles are synthetic fabrics manufaaured from the polymers of petroleum by*products and used in ex posed contact with the earth. Tb be ef fective, they must be strong and long lived and unlike polyethylene, they must be pervious to water and air while filtering soil and inhibiting vegetat)ve growth. When used as a v eed control barrier, these fabrics can reduce plant stress whUe providing superior weed control over long periods of time. No geoiextilc. however, is totally effective as a weed barrier. QuackgniK yellow nut sage and planta such as bindweed with a rhizominous growth habit have been able to penetrate most fabrics, it is therefore advized to pay proper atten tion to creating a weed-free environ ment before fabric installation. 'niere are many different types of geo- taxtiles with variations in material com- poalUon, manufacturing processes, strength, stsblUty, and functionality. It la Imponant that users realize that these differmcas exist and that no product is intended for all applications. Some of thase fabrics have very specific capu- biUtiea They should be reviewed care fully and chosen wisely. The woven products seem to have more restrictions and in general are ap parently best suited for use as silt fences and in other exposed, above-ground ap plications. They would be especially ustfu! in nursery or greenhouse settings as a base under container or B&B hold ing stock. AnoUter effective use would be in the area of ground stabilization, especially where permeability is no.' s critical factor The non-wovens are clearly better choices in situations w*ith high airwate.' permeability needs. The> work equally well as above-ground weed barriers • A • V*«!t 10Ri'i • G*‘****f* •^m Definitions for Landsca 4 . , • . • - . * . Air Flow: The ability of a fabric to permit the pas^e of air through Ac, plane of the fabric ' ./ ' .4. ' Bonding: Tlie process of attaching the randomly pbced fQ>eis ofn no&wovu f ^ fabric into webs or sheets b>’ means of.heai, (m^cai/rea0on'.‘TOtar^^ ment or adhesives. V*-V.‘' Bonding: A method of attaching the flbeis iiua mn-waven by applying a chemical to soften the fibers and, then .paaaihglhe-fabric4)e^<t ' ween two pressure roUeri As the fibers haiden„a bondls^PRhed at4he'*aEpa4^', Coefnclont of Friction: The resistance to sUppagd betW^ ih^miii^^ “ the substrate or the fabric and the aggregate<U^*V/** Flltrationi The ability of a fabric to prevent Uiq piso^ of fUw^gtalncd pi^ ticies through its plane and still not inhibit the n^ai^piMaiij|^i^ GeotextUee: Porous woven and non-woven synthetic ^rics-whi^aue us--- ? ed in expoeed contact with the soil. They protide..ndbiUty,.^hS]^ change, weed control, filtration and drainage in a variety of iaiidaeape; , licultural, erosion control and ettgti»e«n»8 Heat Bonding! a method of attaching the fibera in 4^npn*iivdt^ fU>ifc'by^‘ passing the fabric between two heated loUen, wldch al^^«np|^ prani^tQ the web. Where any two flben inteisect, .a bond'b (9med aa..^4{oftened flbeiB cool and harden. - ...^ • Mullen Bunt: The ability of a fabric to teaist.riipture.by pc^n^appUed...^ at right angles to the plane of the f»Pnc Needlepunchlngi A metltod of bonding non-wovm fa^.wheie by msehes'' of multi-barbed needles are passed in and;out,offabric'w^ an^ mechanically interlock the fibers amongst th.ems^lvei,'^ . • Vi- ' '=•' * Non-woven fabrics: Those fabrics ha\ing a random orientation ol^jQbaia that^- ^ run in any and all direaions within the fabilc.’Xhib*'M.iisua^jnanuto tured by the dry laid method or the more commoidy uiredapunboi^ iiroceiu; ^ and their strength is relatively equal in aU direetionis-. Planar flow: Tl.e fabric property w'hlch peimltl waterto'be tiinsinitted'’' laterally within the plane of the fabric ' >•, ^ J Polyester: A type of synthetic material used in the manufacQueipf many types of fabric and having veiy durable andstable.iduuacter|sticsr.ItJg a!.* term describing a specific polymer type deyiriop;^ from<a.ptTOleum • derivative. • • I\)lyethylene: A polymer of ethylene, a petroleum derivWve thid|MBes tha* • • - "• ^ V•• when* Aggregate is used or in below ground drainage situations. Like the woven fabrics, they are quite functional in ground stabilization uses, especially where permeability is a factor For our purposes m this review, let us analyze the fabric characteristics that are most desireable for a wec'J barrier application. A fabnes first requirement is to be higlily air and water permeable and yet be an effective weed barrier. The non- wovens seem to be the most qualified here — with the needle-punched lead ing the way only because of their slight ly better permeability. The fabric should come in rol! weights lengths and widths ic fit jou needo anu provide an ease cf iiandiing ami mstalla- tion Some manufacturers provide only a iimiiet! selectlo.*^ ui roil sizes Overall strength is another key factor and several categories provide us with in sights in this area. Ideallv*; UV resistance should be high, but if the fabric is w'ell covered with mulch or buried, this becomes less of a consideration. If the geotextile Is installed over very rough, ungraded ground, an ability to conform to the substrate is desireable, especially when rip rap or other heavy aggregate is placed on the fabric or if heavy traffic is anticipated. The most flexible fabrics seem to do the best job here Ease of cutting for close placement around plants, vacuum breakers, valve boxes and other obstacles should not be overlooked. Much time and frustration can be expended on fabrics which can not be cut straight or easily or which unravel o.- continue to le^r when used. .-4 Fabrics XpnifilfcplMtiCrtJJjW in th« past as landscape sneeiin*. **«Vjif^jjyi^^|.‘j^*f»^'jfa»MpdWhi8h molecular weight formed by combining two . Tf CO form larger ones. Various synthetic fabrics are br«4wmbination of polymers. Some of the more common polypropylene. of propylene, a petroleum deri\'aUve, that is the lahrig material in the manufacture of geotextiles. ability of a fabric to withstand penetration by a apf^ “d pressure. riii*'•'"fl the fibers in a non-wovcn fabric by •. AHhi^ve to the web causing the fibers to adhere to each ' engineering fabric made by a continuous process from ' tff’flw All spunbond fabrics are made of an unbroken >i ttriftf ^ fihSf|l mndomly spun to form the fabric web. Spunbond processes <1*^^ alfliinjlaruntti-thepoint of final bonding when the web is bonded by we*iw or needle punching methods. -***'-1^* abilln* of a geotextile to mold Itself readily to if itt^laiH Tf a fahnc not hnve COOd SUbStiatCaucibM.iipoii.wliilch it is^laid.. If a fabric does not have good substrate *•» lyfan^ito^ gaps and Irregularities creating weak, un- ran fall when subsequent layers are added on top of ^tiUliy'ta withstand stress and tension from ell dircc-» * sMl'VtMMw/ ■ kV vv amj»aaaai* •• w... ^— 7*tloaif irithOtt6kK»l^ integrity. A good geotcxtile should retain '^'IttifniilbanQ^ iri*Vatying extremes of environment, such as ultnniolet V**4Bpflwf*.'^4iPPf-Changes, fuel spills and chemical applications. tiwwgtl»« The force required to begin or continue a tear '.Jfl^Vftbric j^co'tt is jmnetured or tom. ability to resist detenorarion and loss of struc- * .tural Inte^^ arid atiength when exposed to the damaging ultraviolet rays 'I^ilhrtlmwi^llaw (nonuapermeabiUty): The ability* of a fabric to per- • lojft'ttta pg^ajn irf TTir* through Uie fabtic perpendicular to Its plane. Those fabrics having a t’wo-directional orientation of fibers «i ^nuttiilli ptlf^*^*****" to each other. Woven fabrics have their strength run- ’»)iiii|g In JUft thMS two directions at right angles to each other and not „p'ariwadll are manufactured by a weaving process, usually on • %%-._ ' ■ ^ -/* 1 • • Bourn ^tlSUoldt^IHtWdor^’.Co.; and Charlie Dillon, Turf Irrigation * f ; . ^av**'-*.* I Blunk, Blunk's IVholesale Supply Construction; Jeff Sunderman, '•*SuilifiM!fvdOidittw invaluable knowledge and assistance »t^ismCi^coui4 hot have been written. ----------------------------------------------------------------- ------- .A gam Uio .non -wovens generally ?eem in be supenor in both departments A higli coefficient of friction is impor tant to prevent the fabnc from moving once it is installed and to keep the ac- gregate from shifting or blowing away. Caution must be taken here not to get a fabric that is either too slick or too fuz- ;y. The slick fabrics are usually heat bonded and have a very low coefficient of fnclion. Although the fuzzy fabnes tend to create more of the desired fric tion they also tend to retain water with in the fabric and often form an attrac tive bed for weed seed germination. Ibmperature and chemical sublllty arc factors to be considered, among others, for life span potential. I^inal considerations, but nowhere X' near the least important, are availability, price and dealer knowledge and support. Most geotextiles are readi ly available but they can vary tremen dously in price and physical properties. For purposes of evaluation in Ibble I. we compared the most expensive prices you would pay for each product if pur chasing a minimum order Although the initial cost of georextUes is considerably higher by percentage than that of poly ethylene, the actual dollar cos: is not prohibitive. This initial investment is more than overcome by the many long term benefits inherant in the use of these fabrics. It became quite apparent when researching this article that, as in all businesses, there is a great gap in the knowledge and support capabiUUes of the various manufacturers and distribu tors, although all were quite cooperative and willing. A saxy buyer will also shop for expertise when examining fabric capabilities. It was not Colorado Green’a intent to reach specific conclusions here, but to present enou^ background and data for you to make your own determina tions. All things considered, these geotextiles are excellent products from which to choose and have outstanding potential for use within the Green In dustry. Polyethylene film never really did the Job expected of it as a weed growth inhibitor and along the way con tributed to the demise of much more plant material than we are willing to ad mit. At best, it was a stop gap until the time that a better solution came along. That time is now. 1110 geotextiles are here. Goodbye polyctheylene. ^ V I 11’fn •.« tf f Colorado Green • Fall 1986 • 11 iM ■. i * APPENDIX A aiPRA? SHORE PROTECTION BY THE MINNESOTA DEPARTMENT OF NATURAL RZSOURC'£S tl:r •f PERMIT REQUIREMENTS AND CONSTRUCTION GUIDELINES Under Minnesota Statutes, Chapter 105, public waters are any waters of the state which serve one or more mate rial beneficial public purposes including navigation, recreation, fish and wildlife habitat, nutrient and sedi- ^ent entrapment, water supply, ground water recharge, floodwater retention, and scientific and natural areas. Any projected constructed below the ordinary high water mark (OHW) which alters the course, current, or cross- section of public waters is subject to the regulatory ju risdiction of the Department of Natural Resources. For lakes, the OHW is the highest elevation which the lake has maintained to leave evidence upon the landscape. for watercourses, the OHW is the elevation of the top of the bank of the channel. For reservoirs and flowages, the OHW is the operating elevation of the normal summer pool. A permit is not reu. red from the Department of Natural Resources for ripr-iV shore protection installed within the following restrictions. Local units of government and other agencies, however, may still require a permit for this project. Before initiating any project, contact your local conservation officer or the Regional Hydrolo gist. A Department of Natural Resources permit is not re quired if the riprap shore protection is installed within all of the restrictions listed below; 1. The riprap shore protection snail consist of nat ural rock only. 2. The riprap shore protection shall conform to the natural alignment of the shore. 3. The minimum finished slope shall be no steeper than 3 feet horizontal to 1 foot vertical (3:1). 4. No materials shall be placed more than 5 feet wa- terward of the OHW. • .• hi. ■fe h--: te'-: ft-fe.‘. ?i.-• *h' ..^ M- h’ 0-'. M;. ^ Iv^'-- h--. KVV-li*’* • 4- ,. i .‘•‘j '•:?.*■*’ 5. A permit shall be required for the placement of riprap shore protection along Lake Superior and any officially designated trout stream. If the proposed riprap shore protection cannot meet all of the preceding restrictions, a permit from the Depart ment of Natural Resources is required. Contact the ap propriate regional office or the Division of Waters in St. Paul for the necessary application forms. Riprap shore protection not requiring DNR permits shall be placed according to the following guidelines. DEFINITION Riprap shore protection is defined as coarse stones, boulders, cobbles, or artificial broken rock fragments or concrete brick materials, loosely laid against an exist ing bank of a public water for the purpose of preventing or controlling erosion. Only natural rock riprap shore protection may be installed without a permit. Riprap shore protection is generally placed to prevent erosion by wave action and currents. It is also useful in pre venting burrowing animals (muskrat, beaver, etc.) from undermining bank stability. LOCATION The placement of riprap should be limited to the area subject to erosion. This information pamphlet outlines guidelines for the placement of natural rock riprap with out a permit which includes hand-placed riprap, dumped riprap, and gabions (wire-enclosed riprap). The instal lation of other types of riprap will require a permit. Riprap shore protection shall be attempted only where site soils are capable of supporting riprap. Such soils may include various combinations of sand, silt, and clay. Soils such as peat and muck are not capable of supporting riprap. PLACEMENT Of the three types of riprap placement - hand- dumped, and gabions - dumped stone is preferred, stone is the most flexible and will adjust itself even bank settlement. Dumped riprap is usually from trucks and spread by a bulldozer or crane, cases, dumped stone is also the least costly. placed, Dumped to un applied In most "1«f 1 I Im I I I I I I I I I y. I I I I k k * r-f> - 1r V rv-:. ‘rFA'- f;.;. •■> iv- I’ . ■M Hand-placed riprap should be roughly square or rectan gular to facilitate placement by hand or derrick. Hand- placed riprap is easily disrupted by minor settling. Gabions (wire-enclosed riprap) consist of stone placed in wire baskets or wire-covered mats. Gabions are usu ally utilized when rock of suitable size is not avail able. There are two disadvantages in using gabions - their unnatural appearance and the potential failure of the wire enclosure. The use of gabions is discouraged because of maintenance problems. When they are ”«ces- sary# howeverr gabions should be confined primarily to stream banks. CONSTRUCTION Riprap shore protection shall be mum finished slope of 3:1. No slope or f^^^er materials shall be placed more than 5 feet waterward of the OHW (see Figure A-1). A severely eroding bank may require filling in with a greater depth of natural rock before a stable slope may be achieved. Gently sloping banks are more stable for riprap and result in fewer failures. The extent of riprap into the water should be minimized since flow and wave action can cause stability problems. A transitional layer of gravel, small stone, fabric shall be placed between the fine material of an embank ment and the riprap shore protection materials. The pur poses of the filter are to: 1.Prevent fine embankment material from being pulled through the riprap materials. 2.Distribute the weight of the overlying riprap to prevent settlement. 3.TO provide relief to hydrostatic pressures inside the embankment. not, a 6" filter blanket is recommended.rnsmmss-m successfully with riprap. Brands* used successfully m- II flthirfflfiiiainerritftisaii f 'k: u % k.- elude; Bidim-C-22 (Monsanto); Typar 3401 (Dupont); Poly- filter-X (Carthage Mills); and Mirafi 140 (Celanese). Rock sizes should be well mixed. Approximately one~ half of the rock should be 12 inches in diameter. The remainder should be used to fill in the spaces between ^^0 pj0viously placed rock and should consist of both large and small rocks. The minimum recommended thickness of riprap is approximately 12 inches. Riprap placement may include toe and end protectionr particularly in controlling stream bank erosion. Toe and end protection is accomplished by placing the largest rocks and the thickest portion of the riprap in position as shown in Figures A~2 and A~3. In some instances# ex“ cavation may be required to provide sufficient depth of toe and end protection. If mechanized excavation is nec essary# a permit is required. (•THIS DOES NOT CONSTITUTE ENDORSEMENT OF THESE BRANDS.) MAINTENANCE REQUIREMENTS All riprap shore protection requires maintenance. Proper filter blanket thickness, rock size# placement# and slope will prevent frequent maintenance. All riprap# however# will experience some displacement. The desired slope# thickness# and the filling of holes in the rock surface should be restored when needed. ADDITIONAL INFORMATION If you desire additional information on shore protec tion# a pamphlet# "Help Yourself"# is available from the U.S. Army Corps of Engineers. The pamphlet discusses critical erosion problems on the Great Lakes and cites additional methods of shore protection. Address your re quest to: O.S. Army Corps of Engineers 1210 U.S. Post Office and Custom House St. Paul# Minnesota 55101 1-612-725-7506 Reminder: Any riprap shore protection project which does not conform to the aforementioned criteria must be authorized prior to installation by a permit from the De partment of Natural Resources pursuant to Minnesota Stat utes# Section 105.41 and 6 MCAR __ 1.5021 C. iI ■ 1 i V B ■ K ■ m ■ - --- nr-" r WARRENS TERRABOOND Soil Separating Fabric Terrabound is a 100% polyester continuous spun needle punched geotextiie fabric. Terrabound delivers a combination of advantages unmatched by other Spundbonded geotextiles They re resistant to freese-thaw, soil chemicals, and ultraviolet light exposure. Excellent where the requirement is; (1) Tensile reinforcement. (2) Planar flow. |3) Hiltration and (4) Separation For example; POND LINERSWEED CONTROL (MULCH) PROBLEM: Reduce weed growth in unwanted areas and allow total permeation of water. PROBLEM: Maintain a source of water for irrigation and fire protection, as well as reduce weed growth. SOLUTION: Place Warrens Terrabound under a minimum of 4 inches of stone, pme needles, tree bark, etc. SOLUTION I: After proper grading and trenching, place Warrens Terrabound and impregnate with sealer. Pine Needles or Pine Bark or Stone 4' Thick ,^L1qitax.-9Kis:Tl^1 Water — \ ^ .|2* sand Layer ^I srrens abound ■s. Warrens Terrabound * Sealer Compacted Soil BENEFITS: Warrens Terrabound will retard weed growth and allow vertical and horoontal passage of water and chemicals for plant and/or tree feeding with out deterioration or "floating". BENEFITS: Coated Warrens Terrabound provides the water retention needed at an economical cost. Other uses would include retaining walls, under patio and turf blocks, erosion grassed areas, sand uaps. greens, cart paths, retention systems, road construction, parking lots, shore- —drainflQfi. Type Fabric 1115 Size 6.25 X 300' 12.5 X 300' Lineal Cut .13 One Roll .11 7500 sq. ft .10 30.000 sq. ft. .09 1120 6.25 X 300' 12.5 X 300' .20 14 .13 .115 1127 6.25 X 300'N/A .20 .18 .16 12.5 X 300' f . m * * ** ‘-.XJ L--* >-. >} •-3'- •• ' ' !L-, - : ..:: • Q • V 53 I s^'?rr%r 4 /1 1 : ■ -ry- cr. Toven Products Since 1978 - -.rV' COMPAMY Highway 61 South. RR 3. Box 338 Sikeston. Missouri 63801 Toll Free USA 1-800-888-9669 FAX 1-31 4*471-6715 International 1-314-472-0048 '\N‘ 'J ] I i e * ; C 3 • j c. C 1 #. :;;•?!- ; f-^'; r: 6 i ? CJ S 5 V COGSdcfrrier *tr : , r » . /»— r -\Hr ^ h 9 $ ^ * t ^ ,H. . r i ^ -5jS3*-. •laiiK.«r.l|L« STOPS WEEDS Designed enciustveiy as a weed cont'c landscape fabric DeWITT PRO 5 WEED BARRIER* -s 99 9 = : opaque to sunlight. It stops weeds frorr growing and heios ei-r-nnare call backs on weed problems. jnOA'i■I PERMEABLE TO AIR & WATER pro 5- air. water and other valuable nutrients to pass througr' to tn fst. roots, but at the same time it stoos »ign: in turn, tnat wn' s :ol weeds from growing. made to last Made of 5 ounces per sauare va^o haavvweight. 100% woven polypropvtene and poivproovtene ^oe' DEWITT PRO 5 WEED BARRIER* will not rot mildew or oecome bnnie in cold weather. And it will not tear or puncture wnen waiKOC on or break down from the use of fertilizer ana pesticides easy TO INSTALL convenient ro sizes Cf 3 'C *2 A ce make msiaiiatior' a snap and PRO 5* 'uts easuv w«t^ household scissors Pmaiiv we accec a st’’oe eve'’\ ... tz be used as a ouioeune tor oijr^t ananr^ent g »■ THE PRICE IS RIGHT vou can Ouv neawwe'g'; -c\v ~ 3RO 5 V/££0 BARRIE"" inrougn your locai Oistr:Outo' law- ana Garcen suCD»es to' aoou: tne same or ever- ^ess man me :os’ r* o'^twe'g'^t 2 3 our'ce ”cn woven *aor»c THE BEST PRC- JC'' ==: ? -as . sr-;a - . To^ tna: r'events *: ? a* r'* **c*~ t**’ • ".e* cc'* A»: tested *c'250C ^ --'b t- e % '• d ■ R: tv ' i ?•-?■" f~:0^:^0~-/Si^. ■'•• SPECIFICATION AND DATA MATERIAL: Polypropylene COLOR: Black with a stripe every 12" THICKNESS: 28 mils SUBSTRATE: 22 x 11 SUBSTRATE WEIGHT: 3.3 ounces per square yard FIBER WEIGHT: 1.5 ounces per square yard (typical minimum) COMBINED WEIGHT: 4.8 ounces per square yard (typical minimum) PERMEABILITY: 28 gallons per square foot oer mm falling head method AVAILABLE IN ROLL SIZES OF: WIDTHS: 3’. 4’. 5', 6'. 8'. and 12- LENGTH: 250’ MULLEN BURST: 250 lbs. min. UV EXPOSURE: 2500 carbon arc hou.- WEATHEROMETER: (5 year min.) FEDTM 191-70% GRAB TENSILE (LBS.): ASTM .01 .85 .02 (proposed) PUNCTURE STRENGTH: 60 FILL: 75 WARP: 95 A* i- __ 'Jr- " < ^ -U. ' - .j >.• V'S Lt/i Sample For Froduet Specifications IALL for a free SAT/PLE of. INFORfy-iATIOfx DM A DIS i RIBUTOF. NEAR YOU USA 1-803-88S-965? • INTERNATIONAL *.-31^72-0D4£ • .1J II LANDSCAPING ■ Durable, long lasting and eaf to install K Minimizes wash away of decorative cover on top, and prevents soil loss underneath ■ Won't rot, mildew or break Ov^wn from use of fertilizers and pesticides • ^ > T V /* »■ Landscaping and Gardeninc vv%sd Protection ..1 ■'i-fA GARDENING C Stops weeds, eliminates hoeing f Permeable, allows air, water and nutrients to pass through freely K. Convenient stripe every 12" as a guideline for oiant alignment. L Reusable yea’’after year :d" ;< 24' ?acJ< Roll Size 3R “ x 24' (72 sq. ft.) 24 Rollb iP- <f Display Pack ’ X sO' Pack Roll Size .16" x 50' I ISO sq. ft.) 12'P-iils Per Oispl&» -«'.ai'ac:e • clai* CGX65 aT6 C*C boxes .vii! Torn 3 *—•. ocr i;=r sizes. 2eWitt'3 3T: '• G* ' TiT .Tla^6^5 z3SV tO «JiSO«dV seif Scjlinc ■‘v. -f *lccr 303C3 :nic 3 ”~.3)cr sciiiriy canter!' i»( Size36" X 144 ” ,26 sa. ft., i2 Pacxagf-i Per Oisoiav Caron r jVew * r-\ I ^ 36 ' X 100' Pack k Roll Size 36" X 100 (300 sq.ft.) 6 Rolls Per Display Park 2) e?yitt J . ^ . f Oi, Widths - 3' 4', 5'. 6’. 8 Length - 350' Specifications Tensile, Lijs. Warp ......... 90 Fill ... 50 Elongation. % Warp . 12 Fill ..........................0 Trao. Tear. Lbs. Warp ................... 30 Fill ...........................25 Weigm. Ozj'SY..............................................4,0 Muilen Burst, psi .. . .......................200 Puncture. Lbs...........................60 Waterilow. GaJ Ft.VMm...........................24 The above results are typical averages. UV Exposure: 70% ReiameO after 2400 Carbon Arc Hours Weatherometer 4 years FEDTM 191-70% \ I I •Highway 61 South. RR 3. Box 338 ■ Sikesfon. Missouri 63801 Toll Free USA 1- 800-888-9669 * FAX 14-471-6715 International 1-314-472-^048 r 1@MW1 r M ^ i: L il.'M I .1 ■•czs -I . I IWWV-# i SillOFORONO kJ For the distributor nearest you, call Du Pont: 302/999-2779 DUPONT COMPANY Textile Fibers Department Wilmington, DE 19898 E 6066M Get beautiful, healthy I.IV j pant with'. ... - X-. - j ^ 1 . I J « 1 .......-JBetter than plastic film ~ ~; - because it lets • ’ ,--;-..;vvater pass through. * •• • Passes water to thirsty plant roots =rrr=r;.^ ots -- I Minimizes wash away of ■ ] mulch and stone i 9 • Impedes weed growth Passes herbicides, fertilizers insecticides—it's chemically Ineit-^ Easy tocut and shape with -la, ■ ■] ln.erL^3 scissors or knife t 3- "•ec „ 3 - DuPontlands^ fabric ’■:i ■ trtJsciae 'S a -vator :>;r’''’at;i»; • it '"': *-^'at:e<i :';ef\vef3r'SO'*-aiHl aiuia: ,:lf //, .an -a -a-cfiive ard irair'tatr’ ■"'a'lat /'• I.' t .;r<!'a}rta /voedgrowth and .................. • ii'd stone *ron^ oeing washed awav Ge'^tlv AC'' "'e c a''* •^'rcogn re ''oie. '^otc r’Cas;":t:': /'t-' .va :c.e' a :r •" r C'ard - estrsc: sce'S • • - • -e tear: case CoP^'ni Lancscace ^acrc s eas'. *o -.se S.f"Civ 'Cii t over :ne new ciar: rgs a-'C : an '< o 'ce 'acre with sessers or •''"’e "• 4- r -t' ^ - -"F . ,. -X ■’ 3C7-& p' ^'.r- fcvEsr' 1 ,■ ’:' ■: ■• ■ t V INNOVATIVE MICROGRAPHICS DUE TO THE POOR CONDITION OF THE PRECEEDING DOCUMENT WE CANNOT PRODUCE AN ACCEPTABLE MICROFILM IMAGE. ■■■■ rl- ,-;v- yy- \\f - . ; fr^kririiTlTiW gfii ilMIlT J TERMS AND CONDITIONS OF SALE No^imrchandtse may be returned without the written consent and authorization of Biunk s Wholesale Supplies. Inc. Biunk's Wholesale Supplies. Inc. will not be liable for any delay m performance of orders or contracts or in the delivery or shipment of goods, or for any damages suffered by buyer by reason of such delay, when such delay is beyond the control Any cSms'^gaiM^^ Supplies, Inc. shall be deemed waived and wrltino within fifteen days after arrival of merchandise All claims for damage or loss shall be filed with carrier by buyer. ShiDDing Note: Our usual and customary policy is to ship this material at no delivery charge to our customer^ prepaid freight must be subject to minimum order requirements, dependent upon territory and roll size. When freight charges must be considered, freight allowances will be determined individually BLUNK'S WEED CONTROL MAT When covered from the Miniight. thii met it perfiianent. Pin* N««dles or Pino Bark or Stono This non-woven labric makes a great frost mat Featuring allowing water and air to pass through. DUON NONWOVEN A e » • c 3” to 4** Thick ♦ This mat impedes most weeds: nut grass, quackgrass end rhisomeous habit growing piants may penetrate mat. This mat controls approsimately 95»/o ol all weeds.Prevents the intermixing of subsoil and crushed ' ^ ^ ^Blunl{s Wholesale Supply, Inc. r / / 9 / TfBO#mi*e O^iM.r.g Pax/veu**' • a 8923 South Oaavia. Bndgevieu-. Ilhywis 60433 (312) 430^2023 physical properties oh back of sheet V / RETAIL CARTON =oil Size: 3' x 50' (150 sq. ft.) suggested Wholesale — 9.45 Suggested Retail — 15.95 USES: • -nser oaf', 'nu'cr' anc stone • oef.veen garcen rows ‘or .veeC contr; • stacilization mat unaer oatio oiocks • wind brake 'or winter and soring • frost blanKet • filter cloth for dram tile Each bo* contains 15 Rolls of Weed Control Mat in a Retail Carton. The carton nas graon.cs i ^lustrations of me mat n use and a 3-color header card Board to too off the disolay. PRICE LIST AND SPECIFICATIONS ROLL WIDTH ROLL LENGTH SQ. FEET APPROX. WEIGHT SUGGESTED WHOLESALE PRICE 6c PER SQ. FT. 2.5 oz.3'250'750 20 45.00 -n - Can be shipped by 4'250’1.000 25 60.00 U.P.S. 5'250’1.250 32 75.00 P.P.F. 6'250’1.500 38 90.00 8'250’2.000 50 120.00 — 10'250’2.500 63 150.00 - Minimal order suoiect 12'250’3.000 75 180.00 to freight charges 1 15’250’3.750 94 225.00 — 3 oz.12.5'300'3.750 98 ■S'u" 28'-25-j- Shipped F O.B. 5.3 oz.12.5'300'3.750 148 9.5c oer 355 25 —• bouin L^aronna TYPICAL PROPERTIES OF E.O.S. Equivalent opening size TfMemaf* nVirii rtvrnJm Pita'll ■■ m . TVMR Convenient Roll Size Quantity Discount No Minimum Order Prompt Service HicKs For further information, prices, etc., contact Nursery Company P.O. Box 85 Waterloo* W153594 McKay Nursary Company 414-478-2121 TfeST- WA-rne> e#«>3.TtoiO /A-* Ai/C t •;» 5 ^/i/jT48er Sw«di^.*-tTX /S /4i-r».i«-4T|W *7» PiA^lc, , ■f S r I .‘if* hs-B •■ aM-yit ■^nftr«rtiar aaiiiB a h • *' \ hr. HV r r ‘ fe,..-. *V'SC0^1'/»f (jr^afifst iA*^c* ** *«“J *•'■•* X<c I jA> >»0'* \y^uUCtj(. dcTH^a/fj^ POST OFFICE BOX B5 MAIN OFFICE AND NURSEPIES AT Wa TEPLCO .VISCCNSIN 53*«i4 KHAftBlOO «•••••• ?•:• • 4«. sa»» • *4**4(f« {••( > •« UA^OHI >*<»»»—iQ>Wi| 4 •• -om* WE BELIEVE TYPAR IS THE BEST BREATHIN’G WEED BARRIER, COriSIDEP: TYPAR ALLOWS VERY NATURAL MOVEMENT OF MOISTURE AIJD AIR IliTO AND &)f Ot* THE SOIL ' ~ ~ While Typar won't absorb moisture itself - tap water will run right off it - it will allow air and water to movw freely between mediums such as soil and mulch. It won't lose any of that ability by retaining moisture and it*s hard finish won't silt in either. So Typar can be counted on to continue breathing well for years of dependable service. T^Y THIS Wet a piece of Typar (there's a sample enclosed). Shake it and lay it out to dry. It will dry quickly, the water that clings is just surface water - the fabric hasn't absorbed it. Now wet a competing spunbond, woven or needle punched fabric - wring it out and lay it out to dry. If water isn't beading on the surface of the fabric, it has absorbed water. Then note liow much longer it takes to dry than Typar. If it will absorb that much water from a few seconds exposure, imagine how much moisture that material is going tn hold in a heavy soil UNDER A LAYER 01' NOLCIl. Natural evaporation is very important to plant health, it's the major reason to use a "breathing” weed barrier. BREATHABILITY IS IMPORTANT TO YOUR PLANTS Without good air movement plants won't grow well. in some sev^ere cases plants will actually be killed. We've seen this effect when black poly is used over a heavy soil. The soil gets heavier and wetter and more so until the ^i^nts begin to show a yellow color and finally fail. While the problem isn't always that severe, plants will perform better wb a breathable weed barrier is used that will allow near normal absorption and evaporation of water. TYPAR PREVENTS WEEDS While no product can probably be consiviered ”100*^ weed proof (weeds even penetrate blacktop roadways) Typar's performance is excellent. In a com parative test last summer, for example, Typar performed at the top of the group. A wooden frame was constructed in which 3x3* squares allowed random placement of several weed barriers. Each fabric was used in at least two of the squares. The frame was then placed over an area containing e variety of native weeds. In order to simulate the worst poirible landscape conditions a very weedy area was chosen and the weeds were not treated in any way before covering them with the fabrics. The squares were then filled with a mulch material over the weed barrier to the depth of the 2x4 frame. Watering was provided in the same frequencies as new pMntings would be watered. The black polyethelene - (both 4 mil and 6 mil) were the first to fail within just a couple of weeks rhizome types of grasses, especially nut sedge, began to penetiate them. The woven and needle punched polyeth elene material was penetrated by nutsedge in the sixth week. Both the black plastic and the woven poly material event* y allowed several varieties of weeds to penetrate. ? >;4 Z' * \ . ^1. K- The spunbond fabrics prcved t.c be vulnerable tc rhizcnie lyres cf grasses which becan tc penetrate late in the grew’ing scascn. .*jpar, also, was eventually penetrated by a snail nunber of nutsedge plants. The nutsedge apparently has a very sharp and effective early rhizome development. It was clearly the most difficult weed to control in this test. While admittedly not highly scientific, this comparison confirmed our field experience by which we*ve grown comfortable with o’lr faith in Typar. NOTE:The 2 02. material does puncture under stone mulches with heavy foot traffic. Heavier fabrics don't breath as well, so we don’t recommend these unless heavy traffic is expected, but we do have heavier grades available. Weeds can germinate in organic mulches above Typar. For the most weed free installation stone, or other organic mulches, should be used. CUSTOMER ACCEPTANCE HAS BEEN GREAT that can accept and transpire moisture almost as well as cultivated ground. They’ll be impressed and pleased that you made Typar available to them - and they'll buy It. EXTKA PROFIT POTENTIAL TO YOU price isn’t an issue with most customers. TYPAR IS PRICED RIGHT Look over the attached price list and order blank. Consider the flex ibility our roll sizes will give you and our ability to ship TODAY. We'll send material as you need it - no need for you to carry Siva inventory. Then compare - you'll find Typar competitive with t other spunbond and needle punched fabrics - maybe we'll even save you some money. CAN YOU AFFORD NOT TO TRY TYPAR THIS YEAR Weed barriers that can breath will become the *"®*’*' work this year - don’t be left behind. Typar. we believe, will become the standard of the industry. Why not use the best - it costs no more. ORDER today: Sincerely yours. HcKAY NUR.SERY. COMPANY KaOph E. Petranek Vice president REP/au life ^ ' iT*rr ■ T ri' r r. i;' -. F K-. /:- \% ■ t ■ : t».' ¥■ a-. fr' f-: P-. iv teV: typar installation instructions Thank you for buying Typar. While we, ^»lncrrely believe it to the beat weed barrier available, a good job of installation is vital to it*s successful performance. Please take a minute to read through the following instructions. Plant stock before laying Typar. Remove all sod and weeds within the bed area. Rake and smooth area to be covered, being sure to have some slope away from the foundation of the building,. If installing edging^ do it now - before laying Typar. If not using edging, make a sharp edge *:ith a shovel or edging tool. (See illustration.) DCPTM H43L Lay first 3’ strip of Typar along foundation. Slit outside edges as necessary to accommodate trunks of plants. (See illustration below) NOTE: Typar breathes. It is not necessary to leav« a large opening around each plant. Large openings invite dweed growth. Typar cuts easily vrlth a household scissors. "19 '! T ft (% **"'^—-* —■ — «. . . . . . . . . . . . f. I h t# t u I; rl Now lay outside ^crip of material.^belog^sure_enw available to nr nartia^ strip n\av be used to cover thesn*ss.rri"e"'iiriS?f- of — **4«hr n\/pr areii I------------ Sn'JSl Se;i.i‘?o^'H“lt"o!:e“Lch'pfaStr" boulder, light, etc. .tk* ^ - f^r> ^l_0^»n »C o ajlua ^Y C.^-0 GCA^"^ /7 ' ^ Ty*>Ai:- CM)ItOt>S ..... »«T BE COVERED. Oltta-vloUc tay. froo ch. .un will causa 'kha fibers m Typw hrea‘ down.tM tlo«»» *•” */r— -- J U n. OlRaale -ilch - bark. ••"J"*ij,J'^SS,j''t“ailw'u~5*a«a'‘a ;S;,SSar*!S jHiSA^aSS -tanal. such as: uashed KMtwlp fd granite, reflect harmful amounts of light Hohi pt™". to tolarata. Wa “thU u5Sa? chaS c.»«.h uashad gravel. II eev ^-------------------- — .. 1 ..a n" Weeds won't grow through Typar, KJ'lSr'cV'ar-Iu'ro^i ‘th;»5*4orl, llK.C- - . • __ _ _ _ A 4 Ch.ck ,»« ar.ln«a raUlvtcaS'gi .od. *°‘i„t‘„g ‘£3 ’. ‘It’^ ?Srd 5*SKI ;?StS*. M?h ..«. s.U. I* ,c»-ra oct 5Sa rapra.ancaciva.— nawk / w— ---------0 Typer la ■•‘eelgnod to provide y ''^*rtr^oo|gtbl^^^Weed8 even* find JS^ntmg -irriSr blSj£SiJerroB«yS'* a carefultheU ««v throi^ ~r occasional -eedjnd we're^thrir;;v%hr«,gh ~r bl.ck.t^^^ -a „e're irft5i;tT«i'^rnidToSr U«S.««t Typar ulU h. a ««.. uad^ 7 ^ WEED BARRIER PRICE LIST and ORDER FORM L SU^JS 1-5 Rolls <;-10 Rolls 10 or more Rolls X 50’t 9.00 $ S.30 $ 7.50 J’ X 200*36.60 33.30 30,00 3• X 30C’55.00 5C.00 W7.00 6'5" X 300'118.00 icr.oo 96.00 Delivery on nbove •- OFS It rnt^s lijloi below Hester Rolls - 3* rOB Waterloo, WI X approx. 1600 yds. to 0000 yds.3 $ ,Ul per yard TERMS: Cash with order or CeO.De unless credit is established. To establish credit, call or write for our credit appli- cation* Credit terms will be Net 30 days with a lj94 per month finance cnan^e on balances over 3^ days. SHIPPING CHARGE: 50' roll - 1 roll 7 82-50, plus 3 .75 for each add*l- loll 2cO* roll -" n $3.50, " S .-'-00 "(1 M 300' roll - i*5" roll - *t $U.25 per roll * $7.00 per roll To order — pleoie till oui form below and return to: 1-414 - 478 - 2121 MckoY Nursery Company P.O. Box as Waterloo. W1 53594 Pleete eeiid mr ___ Bella ef Tyear 3 ^ l*U«aw atmd ^ Kolia of Tyi»-» 3 a. I lwaau avnu Kill la of Tyi»ji a*5**a TOTAL COAT OT BOLLS SAU4 TAfc Of ncrAt.i ONirtN NC4 tL-ax, MM-at CilAMCI totai aa pet aKora aclirt;jle t tncloae raiaittafiea «ritli order tti aava C.O.O.Ctiaroaa. >*• • 4 <4 7 n I .4 1- kJtltUl 1 TREViRA SPUNBOND ENGINEERING FABRIC INSTALLATION GUIDE FOR LANDSCAPE ARCHITECTURE: POND LINERS. RETAINING WALLS. MULCHING. ROOFTOP CONCRETE PLANTERS UNDER TURF BLOCKS. EROSION CONTROL. WALKWAYS AND GRASSED AREAS » » Trevira' Spunbond Engineering Fabric Installation Guide *or Arr'-itecture; Pond Liners. Retaining /Vails. Mulchm' •o'.toD Conc'ete ^'anterj. Unoer furf BIocks. Erosion Control. Waik'.vavs and Grassed Areas INTRODUCTION The solving of potential problems s an imoor- tant function of the landscape arcnitect. TREVIRA Spunbond is an effective tool to be used in the solution of many of these problems. Hoechst Fibers Industries has undertaken an extensive effort to incorporate proven TREVIRA Spunbond engineering fabrics or geotextiles in to the landscape industry to assist in reducing the cost of resolving many of the architect's troublesome areas. Such innovative incorporations of TREVIRA Spunbond include: 1. Retaining water (pond liners) 2. Providing erosion control 3. Waterproof planters 4. Soil separation for turf blocks 5. Walkways 6. Weed control 7. Retaining walls BACKGROUND TREVIRA Spunbond has been successfully us ed in a host of engineering applications, in cluding: 1. Access road stabilization 2. Erosion control 3. Asphalt concrete overlays 4. Drainage control 5. Railroad subgrades 6. Retention systems 7. Golf courses TREVIRA Spunbond has been successfully utilized in these applications due to TREVIRA’s unique combination of physical character istics. TREVIRA Spunbond literature is available for each of these successful engineering uses. This guide will specifically address the needs of the landscape industry. Both architects and 8/82 Rev. 2/83 Puilcers .vill be served bv this installation guide. POND LINERS PROBLEM: Maintain a source of .vater for irrigation and fire protection, as well as reduce weed growth. SOLUTION I: After proper grading and trencnmg. place TREVIRA Sounbond and Impregnate with sealer. 4 12' Sa.nd Layer Trevira Sounbond ♦ Sealer Comoacted Soil Figure 1 — TREVIRA Sounbond for Pond Liners BENEFITS: Coated TREVIRA Spunbond provides the water retention needed at an economical cost. SOLUTION II: Place TREVIRA Spunbond in conjunction with the light duty pond liners as a substrate at the site. Typically, a light duty membrane pond liner is placed on a graded pond base. TREVIRA Spunbond placed between the soil and mem brane can provide a protective separation layer. BENEFITS; TREVIRA'^' Spunbond provides separation and reinforcement, adding to the life of the pond liner. LA-i 12* Sand Layer industrial Water Membrane Comoacted Back Fill Compacted Soli mmSoil -^®|F^\Trevira^i f r Spunbond Figure 2 — TREVIRA SpunBond for Pond Liner SuDstrate BENEFITS: TREVIRA- Spunbond provides separation and reinforcement, adding to the life of the pond liner. EROSION CONTROL PROBLEM: Extensive loss of fine grained soil along streambeds or slopes resulting in high maintenance costs of streambanks. SOLUTION: Place TREVIRA Spunbond on graded stream- banks or shores. For shoreline and streambank erosion control, Figures 3 and 4 illustrate the use of TREVIRA Spunbond between riprap and the native soil in conjunction with a granular bedding layer. Spunbond Overlapped Trevira* Spunbond tonefilL- Soil/Securing Pin Figure 3 — TREVIRA Spunbond for Stream Lining 8/82 Rev. 2/83 Spunbond Overlapped 7^ Trevira^ Spunbond Securing Pin Figure 4 — TREVIRA Sounoond for Shore Lining BENEFITS: TREVIRA Spunbond provides the necessary separation, filtration, reinforcement and planar flow to significantly reduce the erosion of soil beneath the stone cover, thereby reducing maintenance costs. Sediment controls utilizing TREVIRA Spunbond include silt fences, stone berms, and sedimen tation ponds. Sediment controls should not be placed in main stream channels. Obstructing channel flow can result in the loss of the sedi ment control measure. Periodic cleaning and maintenance is required to insure continuous sediment control. Silt fences utilizing TREVIRA Spunbond as il lustrated in Figure 5 provide the necessary filtration of fines carried in surface runoff. Stone berms utilizing TREVIRA Spunbond as il lustrated in Figure 6 provide an option to silt fences. Hill Side ire Reinforced with Spunbond / Trevira* Spunbond Pigure 5 — TREVIRA SounDond for Sill Fences LA-2 « # ) Trevira-^ Spunbond I -Tr <V> _ * •. '» stone Figure 6 — TflEVIRA Sounbond for Stone Berms BENEFITS: TREVIRA® Spunbond provides the necessary separation, filtration, reinforcement and planar flow to significantly reduce sediment transport. Maintenance costs are thereby reduced and a^isthetics improved. WATERPROOF PLANTERS PROBLEM: Eliminate leakage of water from concrete planters onto rooftops and patios. SOLUTION: Apply tiiCk coat of asphalt cement to inside of planter md place TREVIRA Spunbond. Im pregnate 'REVIRA Spunbond with asphalt ce ment and oat with colored sealer. Concrete Untreated Trevira® Spunbond (•nratioi Impregnated Trevira'® SpunbondOptional Dram pipa with a •maN pmca of Spenbond to pcovont •tono from oiogomo dramago ayatam. Gravel Figure 7 — TREVIRA Spunbond for Planter Liners BENEFITS: Impregnated TREVIRA Spunbond provides an impervious barrier to water penetration. Sealer provides asphalt protection and color. 8/82 Rev. 2/83 SOIL SEPARATOR FOR TURF BLOCKS PROBLEM: Intermixing or sci’ ano or g-avei and sand, pro- auc:nc an unstacie case ‘or turf blocks. SOLUTION: After grading and ccmcactmg subsoil and/or gravel, place TREVIRA Spunbond beneath sand and blocks to eliminate mixing of sand and soil, while allowing total passage of water througn system. TREVIRA Spunbond is placed simply by unrolling the Spunbond on top of subsoil or gravel. The suggested overlays of adjacent rolls are 12 inches minimum. The sand is subse quently placed directly on the TREVIRA Spun bond. Patio Block Trevira® Spunbond ub Soil Base Patio Block Sand Ml Trevira® Spunbond Sub Soil Base Figure 8 — TREVIRA Sounoono (or Turf Blocks BENEFITS: Total separation of soil and/or gravel and sand to reduce reseating of blocks and allow total permeability of water for drainage. LA-3 WALKWAYS PROBLEM; Provide an all-weather natural-look walking; riding path surface with reduced maintenance. SOLUTION: TREVIRA- Spunbond is placed on top of grad ed, compacted subsoil. A minimum of 4 inches of fine, compactable stone is placed directly on top of TREVIRA Spunbond and rolled in. To con trol movement of stones in the lateral direction either landscape timbers, concrete or other cur bing should be used. TREVIRA Spunbond pro vides a unigue combination of separation filtration, planar flow and tensile reinforcement for this system, which allows for several methods of drainage to be incorporated. Crushed Aggregate •>0.1 <5. o f U • 0 . * C o e 0 .1 Trevira® Spunbond Landscape Timber Figure 9 — TREVIRA SpunDond for Walkways BENEFITS: Prevents the intermixing of subsoil and crush ed aggregate thereby reducing the destruction caused by heaving within the aggregate layer while maintaining the permeability of the ag gregate. WEED CONTROL (MULCH) PROBLEM: Reduce weed growth in unwanted areas and allow total permeation of water. SOLUTION: Place TREVIRA Spunbond under a minimum of 4 inches of stone, pine needles, tree bark, etc. Pine Needles or Pine Bark or Stone 4" Thick ♦ Is Pigure 10 — TREVIRA SounDond tor We.-d Control BENEFITS: TREVIRA Spunbond will retard weed growth and allow vertical and horizontal passage of water and chemicals for plant and/or tree feeding without deterioration or “floating ”. RETAINING WALLS PROBLEM; Eliminate loss of soil through voids in retaining walls made of wood, concrete block, stone, etc. SOLUTION I; Place TREVIRA Spunbond directly between wall composite and backfill. Backfill Block Weep hole I •; ■ “ - -■** -c.'^Trevira* Spunbond (KF' Gravel Note: inetell Footing—'Collector pipe water barrier on all backwallB. FiQure ■ 1 — TREVIRA Sounpond for Retaining Walls € C 8/02 Rev 2/83 la -4 9 3 f. BENEFITS; TREVIRA* Sounoond allows .vater Tiovemen: in vertical direction wmie retaining an son. SOLUTION II: Place TREVIRA SpunDond Cenind wail com posite and along natural ground soil to form an envelope. Backfill Block-^ _ »• JL- ‘ Jmm0 o Weep hole Gravel Trevira^ Spunbond Collector PipeFooting Figure 12 — TREVIRA SounDond for Retaining '.Vails BENEFITS: TREVIRA Spunbond allows water movement in vertical direction and also when used with stone aggregate, reduces ground water pressure while allowing no contamination of aggregate by backfill or natural ground soil. 8f82 Rev. 2/83 GRASScD AREA PROBLEM: Maintain vertical c.-ai.-age wnile sustai.ung ceasing grass cover. SOLUTION: place TREVIR.A Scu.-ccca on graded earth. Place crushed pea gravel (4 inches m depth) over the lower layer of TREVIRA Spunoond. Place the second layer of TREVIRA Spunbond over the smoothed pea gravel surface. Spread toDSOil evenly over the upper TREVIRA Spuh- bond, grade, soil condition and seed. 'ODSOil ■». *• 0 * »* ■ ♦' * *. /.!»'• '•'* ' ’ .y A*' ** P«a Gravel 2*I04’ Sounoond \ Collector Pioe Tfevira^ SounDond (Ootionai) Figure 13 — TREVIPA Scuncona lor Grassed Areas BENEFITS: Provides uniform drainage for establishment of grass cover. LA-5 PRODUCT DESCRIPTION TREVIRA^ SpunDonc oroducts are polyester (poiy-ethyiene tereonthaiatei. continuous fila ment fabrics mechanically bonded by needling. TREVIRA SpunDonc Type 11 fabrics are produced in v/eights from 4.5 through 16 oz.'yd’ and m a light grey color. TYPICAL PHYSICAL PROPERTIES OF TYPE 11 PRODUCTS Fabric Type 1 1115 1 1120 1127 1135 ! 1145 1 1155 Fabric Weight (oz/yd>)i 4.5 6 1 Q 1e 1 : 10 1 13 16 Thickness (Mils) (ASTM P-1777)______________1 85 '100 j 125 150 ' 175 210 J Grab Strength (LB. MD/CD’i (ASTM D-1682)1 130/110 i 175/155 !260/225 11 340/300 ! 430/390 525/485 1 Grab Elonaation (%. MD/CD) (ASTM D-1682) ___i 85/95 t 85/95 i 05/90 i 90/95 90/95 i 90/95 ' Tranezoid Tear Strenath (LB. MD/CD) (ASTM 0*1117) I 50/45 65/60 1 100/95 i 130/130 185/180 1 205/200 Puncture Strength — 5/16*' (LB) (ASTM D-751)_____1 60 90 125 155 200 !260 Mullen Burst Strength (PSD (ASTM D-3786)i 220 300 360 500 600 i 000 Vertical Water Flow (GAL/MIN/FTD (HFI Test)_____1 325 1 300 200 1 265 240 !220 EOS (CW-02215) Std. Roll Widths (FT)____________ Std. Roll Length (FT) 70* ! ------- 50-70 70-100 ! 70 ■^ -100* 12.5. 14 5. & 16.0 — 300 & 1000---------------------"“i 100-120 : 120"^ i—----- 300 & 600 MO ■ Macnine Pirection. CO = Cross Macnme Direction Soeciai wiOtn ana lengin rolls are avaiiaoie upon reouesl NOTE; Typical Physical Properties oi Type ' i Wooucis -ep-esent lyp.cai average values as opposed to speciiicanon values For recommended end"use specifications and phvsicai prooenies. contact vour TREviRA Sounpond Disinnuto- Hoechst Hoechst Fibers Industries Spunbond Business Unit P. 0. Box 5887 Spartanburg, SC 29304 USA 1-800-845-7S97 1-803-579-5479 The Information contameo herein is oMereO free of charge, and is. to our oest Knowledge, true and accurate: nowever. all recommendations or suggestions are ma-te wittiout guarantee, since the conditions of use are oeyond our control. There is no expressed warranty and no implieo warranty of fitness for purpose of tne product or products oescrioed herein. In supmit- ting this information, no liability is assumed or license or other rights implied given with respect to any existing or pending pa tent. patent applications or traoemarKS The ooservance of aii legai regulations and patents is the responsibility of the user e 8/82 Rev. 2/83 LA-6 WHEELER LANDSCAPE FABWC Wheeler Landscape Fabric is a poinr-bcnded, ncrAvo\-en racnc of 100% pol\T3Topylene nlamems which are tormed injo a stable necworiv «oich that the Blaments retain their relanve pcsiaon. i n:s raoric d inerr tc biological degradation and narorally encounterd chemicals, alkanes, y- 1 j=ndscaoe Fabric conibrms to the property values listed inadds. Wheeler Undscape Fabri the following table. Fabric Propertv Wei^t Thickness Grab Tensile Strength Grab Tensile Elongation Equivalent Opening Sic' Mullen Burst Unit Test Method Typical Value oc/vd*ASTM D-3776 2.0 in ASTNi D' 1 < 1..018 Ib ASTM D'!6S2 4C %ASTM D'1662 50 U.S. Sieve COE CW02215 200 OSl ASTNi D'3786 140 Wheeler Landscaoe Fabric contains inhibitors to prevent ultraviolet Standard Roll Sizes Width i :) Length (feet) Area (square feet/'roll) Roll Ufeight (pounds) ^0ou J J ICO 300 6 6 300 1800 35 J ^GAN RESIDENTS PLAY VITAL ROLE IN WATER QUALITY Water Quality Plan Focuses On Homeowners the Citv of Eagan completed the development of a Comprehensive Water .K::^g'reer:: o'Quali9 M«»gement Plan. TOs P>a". thotrghi to he ^ “ „B-„ials undertaken in response to the g^o^Mng concerns of ^gan jcsiacnu, ^ over the degradation of water quaUty in the City s lakes and ponds. With the recent adoption of the plan the ^ no» begfn^he the various poUcies, propms, and lake inanagem methods »ill be the Everyone Contributes to the Problem ;sr r’::^s waterbodies, as a result of human activity, phosphorus can lead to the overgro n ?^,Vsf^“ dudeThe ovemro?phoTphoms fenil ™rs"!n"a™ dLp«“oft^e^ol3'ct^S^^^^^ Voluntary Assistance Is Part of the Solution I« r^ri^f>T for the Water Oualiry Plan to be effective in achieving the goals for the City s lakes and ponds, the numerous management strategies " ‘ ^ undertaken ill a coordinated fashion. The volumarv- assistance of City residenu in helping to reduM urban water pollution will not only be Snancially^ prodent, but * success of the water quaUty program. As a starting point, the amount of following suggestions to Eagan homeowners m helping o .. w phosphorus runoff entering area lakes and ponds; Ai-v M r 1. 2. 3. 4. 6. 7. 8. On new construction sites, horneo>*Tiers should take steps to establish turfgrass as soon as conditions permit. On steeply sloping banks, sod should always be secured through proper staking; or where seed is used, siltation fences should be installed across the hill to prevent erosion of soil and/or siltation into streets and storm drains. For further information on seeding or sodding methods, contact the Dakota County Extension Office at 463-3302, On existing lawns, soil testing is the first step towards efficient lawn care. Soil testing kits are available through the Universin of Minnesota ’s Soil Testing Laboratoiy at 625-3101. Test results may indicate that phosphorus or other nutrients are already in adequate supply in your soil. If this is the case, fertilization rates can be cut back while still maintaining a green and healthy lawn. When purchasing a low phosphorus fertilizer, carefully review the analysis on the outside of the fertilizer bag. Three large numbers will usually appear indicating the percentages of nitrogen (N), phosphorus (P), and potassium (K). Be sure to select a fertilizer with a phosphorus content of less than five percent. When fertilizing your lawTi, avoid spray or drift of the pellets onto hard surface areas, such as driveways, sidewalks, or the street. This will lessen the chance of rain or lawn irrigation washing the fertilizer directly into the storm drainage system. Whenever possible, avoid using a grass catcher when mowing your lawn. Research has shown that leaving clippings on your lawn is equal to approximately one fertilizer application per year. As the clippings decompose, they will release valuable sources of nutrients to the lawn. When mowing, direct the discharge chute of your mower towards the interior of your lawn. TTiis will avoid depositing the clippings directly onto the street where they can be washed into the storm drains. As grass clippings (organic material) decompose in a pond, they will release high levels of phosphorus and nitrogen, which further encourages plant and algae growih. Wherever possible, horaeowmers should leave an eight to ten foot wide unmaintained buffer around the edge of lakes and ponds. This area of taller grass and plant growih will intercept and absorb a large portion of nutrient runoff before it can reach the water. Grass kept at a height of 2 to 2 1/2 inches can withstand heat stress better than close-clipped grass. This higher mowing height encourages deeper rooting and there is less need for frequent watering and fertilization. In addition, grass kept at a higher height tends to shade broad-leaved weeds, giving your lawn a competitive edge over dandelions and other weeds. Satehriftrfiti 12. V. Whenever leaves or grass dippings are collected from a la\Mt, they should never be deposited in or adjacent to nearby waterbodies. Rather, compost piles should be established and maintained far enough from the water’s edge to avoid leachinc into the pond. Suggestions for establishing an effective home composting system can also be obtained from the Dakota County Extension Service. 10. Use compost instead of fertilizer for enriching home gardens. Not only is compost mo»‘e environmentally sound, but it provides a long lasting source of organic nutrients for vegetables and Dowers. 11. When using pesticides, consider spot spraving of problem areas, as opposed to full lawn treatments. Chemical runoff can be further reduced by spraying just once a year in the fall, when pesticides are most effective. In low traffic areas of your lawn (where neighboring properties will not be affected), consider the establishment of non-maintained prairie grasses, wiJdflowers, or mulch beds. Creation of "natural areas" in the home landscape encourages songbirds and wildlife while reducing the amount of lawm requiring fertilization. Residents should be cautious in their disposal ol household chemicals and waste. Motor oil should never be drained directly onto the street. Similarly, liquid chemicals, such as pesticides, paints, or solvents, should never be dumped onto the lawn or into street gutters. Rather, they should be disposed of in accordance with product label instructions. Phosphorus-free detergents should also be used when washing vehicles on driveways or in the street. 14. Finally, property owners, with septic systems near lakes or ponds, are urged to take the following precautions: have the system checked ever)’ tw’o years and pumped when necesary; use nonphosphate detergents and employ water conservation techniques; minimize use of garbage disposals; and keep solvents, plastics, paper diapers, and similar products, out of the system. llirough the voluntary participation of Eagan residents in these pollution abatement techniques, the City of Eagan can help to ensure an environment of improved water quality, enhanced recreational opportunities, and the preservation of critical habitat for wildlife. 13. 20wp:caganres.ide The Ice-out Process • — » To explain ic“-out on lakes it is important to Know some ot the ph/si- caJ properties of water. Water is at its .heaviest at 39 degrees and is lighter, at higher and lower temperatures. Al though it is sometimes thought that ice sinks during the spnng thaw, this Is not possible because ice is Nahter than water. Meltwater may accu nu tate on the surface of the ice giving the illusion that the ice is sinking. Ice-^ut begins when ice retreats from the shore and leaves a belt of open --water (with a temperature of 45 .Tndegrees) around the lake. Strong move the remaining ice sl.cfts causing fractures, ice crystals on the edges continue to give up and fall over, melting rapidly in the lake. Eventually the wind will push the remaining honeycombed ice sheet to shore where the rest of it melts. Ice- out should be recorded on the day that 90% of the lake is free of ice. This generally occurs anywhere from late March/early Apnl in southern Min nesota to late April/early May m north ern Minnesota. <» Lakes and Lavvns Spring is here and for many people the first sign of this is green grass. In fact, today there is an obsession among Americans to maintain a well- manicured, green lawn. This results m the use of fertilizers, pesticides and herbicides, which recent studies aiso show as a major contributor to water pollution. It is especially important for people that live on or near a lake to understand the consequences of chemical lawn care and know about available alternatives. Facts on Fertilizers Fertilizers contain the nutrients nitrogen, phosphorous and potash. Whenever fertilizer is applied to a lawn there is a chance that added nutrients will leacn :ntc crcur'owate' or wash into ;ne la^e. 'esu.tmg n oote'* :ia< cnanoes to toe :a-.e tseit Nitrogen ano pncsonorcus reec plants. An increase or eithe' •'uf'en:. esoeciaiiy pnospr'orcus. wm '■esuit -n a sudden growth of jncesirao'e oia"! soecies wnicn can niave several effects • reducec recreational value of t^e lake (boating, swimming). • overgrowth of surface plants resulting in shading and death of submerged plants critical to waterfowl and other aauatic animais. • an increase m dead oiant material wmcn uses up oxygen ounng decay The lower oxygen level may cause the lake to be taken over oy rougn fisn • reduced water clanty from in creased algae blooms: • diminisning amount of snorelme All of the aoove contribute to dimin ished watenront prooeny values. Alternative methods of lawn care The first question everyone needs to ask IS "How much lawn ao l really need?". There are several benefits to preserving the natural vegetation of the area. Natural vegetation can control erosion very effectively and act as a filter for water running towards the lake (there should always be a foot or so left before the shore i Secondly, plants native to the area orovide food ano cover for wildlife soecies including nesting waterfowl. Once the size of the lawn is decided upon (if one is needed), there are several non-chemical methods of caring for it which will enhance its appearance and longevity without polluting the lake. • Grow grasses that do well m your locality (i.e.. grow fo; acidic soil 0(^0 •rQOQ ' , ^ ^ rr» 3 .' »r y«»j •>sj9 9 . w season amount of ramfail. etc. • ‘.ever mow mors than one mc.n off at a time • Jse nutrient-'"cn lake wate' to .vaier the -awn. • '.Vatcn your 'awn carefully and catch proDiems oetore they oecome too oig. Learn to tolerate a tew weeds. • Acd "natural orcamc fertilizers such as comoost material, blood meal ana mixfjres available at your local nursery. A comoost pile IS an effective method of adding nutrients to your lawn and diSDCSing of household food waste. The comoosted material can be aoDiied as a too dressing for lawns and '■aked m. However, don t put a comoost pile close to shore or burn prusn and leaves on a slope where the asnes and nutrients can wash into the iar,e If fertilizing is necessary Before deciding to fertilize, every lanoowner snould nave their soil tested. In many cases, fertilizing will not make a difference to the health of ycu' 'awn or you may find that only cedain nutrients need to be added. To reduce the harmful effects of nutrient runoff vvhen fertilizing: • Do not apply fertilizer when the crass IS wet. during high winds, heavy rams or if any rainfall is predicted. • Use non-phosphorous fertilizer When possible. Studies have Shown that lawns rarely need phosphorous. Contact local nurseries and if possible, make a non-phosphorous brand available through your lake association. • Follow the directions. Never apply more fertilizer than is necessary. Use a calibrated spreader or spot apply. Understanding Your Lake is published as a membership pene* i toi Freshwater Pounoanon uaxe Organization mempers. Lake Organization member benefits include: lake management publi cations, publication discounts and participation m lake surveys ano lake monitoring programs. Readers are encouraged to reproduce and distribute any portion ot Unaeistanamg Your Laxe: prior permission not reouired Please contact the Freshwater Foundation for more information about Lake Organization memoersnips or lake management programs Editor Margaret Robensen Freshwater Foundation, p 'o.'box 90. Naverre. MN 55392-0090. (612) 471-6407. FAX: (612) 471-6142 L Designing with Geosynthetics S: Robert M. Koerner, Ph.D., RE. Bowman Professor of Civil Engineering Drexel Universitv PRENTICE-HALL, Englewood Cliffs. NJ 07632 An Overview of Geosynthetica Chap. 1 1.1 BASIC DESCRIPTION OF GEOSYNTHETICS Lost in the pages of histor>‘ are the initial attempts to reinforce soils with dissimil... materials possessing properties that would enhance the behavior of the soil itself. It seems reasonable to assume that it was attempted to stabilize swamps and marshy soils using tree trunks, small bushes, and the like. These soft soils would accept the fibrous material until a mass was formed that had adequate propenies for the intended purpose. It also seems reasonable to accept that continued use of such a facility was possible due to the properly stabilized nature of the now-reinforced soil (probably by a trial-and-error procedure), or impossible due to a number of factors, among which were: Insufficient reinforcement materials for the loads to be carried Pumping of the soft soil up through the reinforcement matenal Degradation of the fibrous matenal with time, leading back to the original unsuit able conditions Such stabilization attempts were undoubtedly continued with the development of a more systematic approach in which timbers of nearly uniform size and length were lashed together to make a mattressed surface. Such split-log "corduroy*' roads over peat bogs date back to 3000 B.C. [1]. This art progressed to the point where the undulating surface was filled in smooth and some of these svstems were surfaced with a stabilized soil mix- ture or even paved with stone blocks. Here again, however, time deterioration of the timber and its lashing was an obvious problem. The concept of reinforcing poor soils has continued until nearly the present day. The first use of fabrics made from natural fibers to reinforce roads was attempted by the South Carolina Highway Department in 1926 [2] They used a heav> i.otton fabric on a primed earth base, applied hot asphalt on the fabnc. and covered this with a thin layer of sand. They published their work in 1935. describing eight separate field experiments. Until the fabric deteriorated, the results showed that the roads were in good condition and that the fabric reduced cracking, raveling, and localized road failures. This project was certainly the forerunner of the separation-reinforcemen. function of geosynthetic materials as we know it todav. Another major topic area for the purpose of this book is that of providing an inter mediate barrier between two dissimilar materials for the purpose of water drainage and soil filtration. When requiring water flow across this barrier it must obviously be porous, yet not so much as to lose the retained soil — thus the necessity of using some sort of intermediate material. Again the historical development of attempts at filtration are important to set the stage for the work to follow. Run-of-bank gravel which was found to be naturally well graded had been used as filter material since ancient times. Purification by means of runni.ng polluted water '‘.u-ough soil is an outmoded concept but still apparently used on occasion. The idea of systeman.ring the process seems to have been originated by K. Terzaghi and A. Casagrande in the 1930s and brought to use by Bertram [3] shortly thereafter. This idea of soil filters, even multiple-graded soil filters, is a target area for the matenals described in this book — not for reasons of degradation, however, but for cost efficienev. r :•Sac. 1.1 Basic Description of Geosynthetics Thus the two-pronged thrust of this opening section is to establish the major targets for which synthetic fabrics are aimed. This is to do the intended job better (e.g., no deterioration of material) and to do it less expensively (i.e., either in initial cost or in longer life and less maintenance). I call the general area “geosynthetics," recognizing that the materials are used in soil and are synthetic (usually made from hydrocarbons). The specific families of geosynthetics on which we will focus are the following; Geotextiles Geogrids Geomembranes Geocomposites which are shown for comparative purposes in Figure 1.1. 1.1.1 Geotextiles Geotextiles form the largest group of geosynthetics that will be discussed in this book. Their rise in growth during the past 10 years has been nothing short of awesome. They are indeed textiles in a traditional sense, but consist of synthetic fibers rather than natu ral ones like cotton, wool, and silk. Thus biodegradation is not a problem. The fibers are made into a flexible, porous fabric by standard weaving machinery or are matted together in a random, or nonwoven. manner. Some are also knit. The major point is that they are porous to water flow across their manufactured plane and also within their plane, but to a widely varying degree. There are at least 80 specific application areas for geotextiles tiiat have been developed; however, the fabric always performs at least one of five discrete functions: 1. Separation 2. Reinforcement 3. Filtration 4. Drainage 5. Moisture barrier (when impregnated) Geotextiles, with an orientation toward these functions, form the basis of Chapter 2. 1.1.2 Geogrids Geogrids represent a small, but rapidly growing, segment of the geosynthetics area. Rather than being a woven, nonwoven or knit textile (or even a textilelike) fabric, geogrids are plastics formed into a very open netlike configuration. Often they are stretched in one or two directions for improved physical properties. By themselves, there are at least 25 application areas, and they function in two ways: 1. Separation (occasionally) 2. Reinforcement (usually) Geogrids form the basis of Chapter 3. • ’»-• :s, J .a 1 An Overview of Geosynthetics Chap. 1 4 ^ IT y. : GEOTEXTTLES 6 8 iO 12 CENTIMETERS GEOGRIDS 3 INCHES rx/ - ' yi ry 'JMi r> INCHES 6 8 10 CENTIMETERS GEOMEMBRANES 6 8 iC CENTIMETERS I to GEOCOMPOSITES • di Figure 1.1 Typicai geosyntheiic maienaJs 1.1.3 Geomembranes Geomembranes represent the second largest group of geosynthetics and in dollar volume are almost equal to the sales of geotextiles. Their growth has been stimulated by govern mental regulations enacted in 1982, which are discussed in Chapter 4. The materials themselves are “impervious” thin sheets of rubber or plastic material used primarily for linings and covers of liquid- or solid-storage impoundments. Thus the primaiy function is always as a liquid or vapor barrier. The range of applications, however, is very great and at least 30 individual applications in civil engineering have been developed. Geo membranes. with emphasis on specific application areas, are treated in Chapter 4. 1.1.4 Geocomposites A geocomposite consists of a combination of geofextile and geogrid, or geogrid and geomembrane, or geotextile, geogrid, and geomembrane, or any one of these three materials with another material (e.g.. with soil, styrofoam, deformed plastic sheets, steel cables, steel anchors, etc.). This exciting area bnngs out the best creative efforts of Sec. 1.2 Overview of Geotextiles . 5 the engineer, manufacturer, andor contractor. The application areas are numerous and growing steadily. The major functions encompass the entire gambit of functions listed for the geosynthetics discussed previously: 1. Separation 2. Reinforcement 3. Filtration 4. Drainage 5. Moisture barrier These geocomposite functions, tied intimately to their respective application areas, form Chapter 5. Chapter 6 concludes the book and offers a number of appendices. These include conversion tables (the book is primarily in English units), a glossar>' of geosynthetic terms, polymeric structure of the more commonl> used materials, and a list of current geosynthetic manufacturers, styles, and related properties. 1.2 OVERVIEW OF GEOTEXTILES 1.2.1 HistOf7 Geotextiles, as known and used today, were first used in connection with erosion control applications and w'ere intended to be an alternative for granular soil filters. Thus the original, and still sometimes used, term for geotextiles was “filter fabrics.” Barrett [4 (in his now classic 1966 paper) tells of work originating in the late 1950s of using geo textiles behind precast concrete seawalls, under precast concrete erosion control blocks, beneath large stone riprap, and in other erosion control situations. He used different styles of woven monofilament fabrics, all characterized by a relatively high percentage of open area (varying from 6 to 30%). He clearly discussed the need for both adequate permeability and soU retention, along with adequate fabric strength and proper elonga tion. Barrett indeed set the tone for geotextile use in filtration situations. Note should be made that a paper by Agerschou [5] discussed applications along the same general lines. In the late 1960s Rhone-Poulenc Textiles in France began working with nonwoven needled fabrics for quite different applications. Here emphasis was on reinforcement for unpaved roads, beneath railroad ballast, within embankments and earth dams, and the like. The primary function in many of these applications was that of separation and/or reinforcement. Additionally, a quite different use of their particular style of fabric was also recognized, that is, that bulky feltlike fabrics can also transmit water within the plane of their structure (i.e.. they can act like drains). Such uses as dissipation of pore water pressures, and horizontal and vertical flow interceptors, grew out of this particular fabric function. Today ’s use of the word “geotextiles ” recognized these many possible fabric functions when used within a soil mass. Credit for early work in the use of geotexiiles should also be given to the Dutch (the Rijkswaterstaat was an early user) and the English. ICI Fibres was a major influ ence in the use of nonwoven, heat-set fabrics in a wide varietv of uses. Their work and An Overview of Geosynthetics Chap. 1 others by manufacturers such as Chemie Linz in Austria and Du Pont and Miraii in the United States has continued, thereby introducing geote.'itiies on a woridwide basis. To day. many manufacturers are involved in the production, sales, and distribution oi geo- • » textiles. See section 6.4. A number of conferences have been held on the subject ot geotextile.s. the major ones being those held in Paris [6] in 1977. in Las Vegas in 1982 (7], and in Vienna in 1986. Furthermore, the original two books on the subject have appeared almost simulta neously. thL se of Koemer and Welsh [8] in 1980 and Rankilor (9) in 1981. Today, addi tional books along with many hundreds, perhaps thousands, of separate papers and reports are available dealing with geotextiles, and two journals have recently been launched dealing exclusively with geosynthetics [10. 11]. This massive generation and dissemination of information was led initially by fabric manufa'^turers. Their influence in this market continues to be active and indeed is very positive and welcome. It has been followed by the entire community of manufacturers, govemm.enial. industrial, con sulting. research, and academic institutions 1.2.2 Manufacture As noted, the role of the fabric manufacturer in the stimulation and growth of the geo textile market has been both large and positive. Many fiber types and fabric styles have been developed both for general use and for specific applications. In fact, it seems that these two approaches toward the marketing of geotexiiles represent the current situation: manufacturers w'ith one basic fabric style (usually available in different weights) and manufacturers having a variety of fabric tv'pes. targeting each to a specific application. Three points are imponant insofar as manufacturing is concerned: type of polymer, type of fiber, and fabric style. Each will be discussed separately. The fibers used in geotexiiles are made from the following materials, listed in order of decreasing use: Polypropylene Polyester Polvamide (nvlon) Polyethylene Other polymers and glass The vast majority are hydrocarbon derived (i.e., from oil); hence it should come as no surprise that the petrochemical industries of the world are heavily involved in the geo textile market. See Appendix 6.3.1 for the chemical structure of the various materials. The chemical and environmental endurance properties discussed later in the book are very dep>endeni on the ty'pe of polymer used in a geotextile’s consruction. Some typical properties of polymeric materials used in the construction of geotextiles are given in Table 1.1. The basic polymers are made into fibers by melting them and forcing them through a spinneret, similar in principle to a bathroom showerhead. The resulting fiber filaments are then hardened or solidified by one of thi.,!. methods: wet. dry. or melt. Most geoiextile producing fibers are made by the melt process: these include polyolefins kiA Stc. 1.2 Overview of Geotextiles TABLE 1.1 SOME PHYSICAL PROPERTIES OF SYNTHETIC RBERS (STANDARD LABORATORY CONDITIONS FOR FIBER TESTS: 70*F AND 6Sr. RELATIVE HUMIDITY) Fiber Breaking Tenacity (g/denier) Standard Wet Specific Gravity Standard Moisture Regain (^)Effects of he.1t Nylon Nylon 66 (regular tenacity filament) 3.0-6.0 2.6-S.4 1.14 4.0-4.5 Sticks at 445 F (229*0; melts at about 500°F (260*0 Nylon 66 (high-6.0-9.5 5.0-8.0 1.14 4.0-4.5 Same as above tenacity (filament) Nylon 66 (staple)3.5-T.2 3.2-6.5 1.14 4.0-4.5 Same as above Nylon 6 (filament)6.0-9.5 5.0-8.0 1.14 4.5 Melts at 414T (212*0 to 428*F (220*0 Nylon 6 (staple)2.5 2.0 1.14 4 'Melts at 4I4*F (212*0 to 428*F (220*0 Olefin (polypropylene) (filament and staple) 4.8-7.0 4.8-7.0 0.91 3.0 Melts at 325T (163*0 to 335*F (168*0 Polyester Regular-tenacity’ filament 4.0-5.0 4.0-5.0 1.:: or 1.38 0.4 or 0.8 Melts at 480*F (249*0 to 550*F (288*0 High-tenacity filament 6.3-9.5 6.2-9.4 l.:2or 1.58 0.4 or 0.8 .Vlelts at 480*F (249*0 to 550*F (288*0 Regular-tenacity staple 2.5-5.0 2.5-5.0 1.22 or 1.38 0.4 or 0.8 .Melts at 480T (249*0 to 550*F (288*0 High-tenacity staple 5.0-6.5 5.0-6.4 1.22 or 1.38 0.4 or 0.8 Melts at 480 “F (249*0 to 550*F (288*0 Polyethylene (high-density)——0.96 2.0 — Polyvinyl chloride ——1.4 to Source: After Kocmcr and Welsh (8] and Shreve and Brink [12]. (polypropylenes and polyethylenes), polyester, nylon, and glass. Here hardening is by cooling, and simultaneously or subsequently they are stretched. Stretching reduces the fiber diameter and causes the molecules in the fibers to arrange themselves in a more orderly fashion. In so doing the fibers ’ strength increases, its elongation at failure decreases, and its modulus increases. A wide range of stress versus strain patterns can be achieved. These monofilament fibers can also be combined to make a multifilament yam. Somewhat different are staple fibers, which are produced by continuous filaments 8 An Overview of Geosynthetics Chap. 1 enlaroeo view Of SEQTEXTILE fibers HONOn MONOflLAMCNT YARN (MulllfilORMl) STARLC STARIX 'YARN Figure 1.2 Types of fibers used in the construction of geotexules. of specific denier* from the spinneret in a large ropelike bundle called a tow. A tow can contain thousands of continuous filaments. These bundles are then crimped and cut into short staple lengths of 1 to 4 in. The shon fibers, or staple, are then twisted or spun into longer fibers (yams) for subsequent fabric manufacturing. The last type of fiber to be mentioned is made completely differently from those discussed above. These fibers, called slit (or split) film, are made from a continuous sheet ol the polymer and then cut into fibers by knives or lanced by air jets. The resulting ribbonlike fibers will be referred to as slit-film fibers. Thus the principal fibers used in the construction of geote.xtiles are as toliows (see Figure 1.2): Monofilament Multifilament Staple Staple yam Slit film These resulting fibers, or yams as they would be referred to in the textile industry, are now made into fabrics. The basic manufacturing choices are woven, nonwoven, or knit, which are each shown in Figure 1.3. although knit fabrics are seldom used as geo textiles. The woven fabrics are made on conventional textile weaving machinery' into a wide variety of fabric weaves. Kaswell [14] gives an excellent review of weaving tech nology in which each of the various fabric weaves is clearly illustrated. Variations are many and most have some, or a major, influence on the physical, mechanical, and hy draulic properties of the fabric. The manufacture of nonwoven fabrics is very different from that of w'oven fabrics. Each nonwoven manufacturing system generally includes four basic steps; fiber prepara- ■Denier is defined as the u-icht in grams of 9000 m of yam. The related textile term weight in grams of 1000 m of yam tex." IS the Lii^ Sec. 1.2 Overview of Geotextiles ^ -1. -'t ■•asrvS't'f.' . ^ tV$i U %i V f ■ J-Tiu |w»^' w 'M 4:. '.4 IT ■^#^1 » '*» '■'.1 Figure 1.3 Enlarged photographs of ta( Donwoven. (bi woven, and (c) knit fabrics. I After l\DA [I3J.i tion, web formation, web bonding, and post-treatment. Within each categor\’ are many possibilities, so only those most common to current geotextiles will be described. 1.2.2.1 Spun>Bonded Process Spun bonding is a continuous process used to produce a finished tabric from a polymer. A polymer, or several polymers, such as polyester, polyamide, polypropylene, polyethylene, or others, is fed into an extruder. As it flows from the extruder, it is forced through a spinneret or a senes of spinnerets. .After cooling, the resulting con- r •1. M. o •• —------- I- An Overview of Geosynthetics Chap. 1 tinuous filaments are then laid on a moving conveyor belt to form a continuous web. In the lay-down process, the desired orientation of the fibers is achieved by various means, such as rotation of the spinneret, electrical charges, introduction of controlled air- streams, or by varying the speed of the conveyor belt. The fabnc is then bonded by ther mal, mechanical, or chemical treatment before being wound up into finished roll form (see Figure 1.4). A wide range of fabric characteristics can be achieved by controlling the various elements in this process. High-performance low-weight fabrics are characteristic of this process because of the continuous nature of the fibers. Fabric weights usually range from 0.3 to 6 ounces per square yard. Thickness generally ranges from 3 to 25 mils. Typical end uses are as coated and laminated fabrics, carpet underlay, packaging mate rials, durable papers, sanitary napkins and diaper covers, filtration, interlinings, dispos able apparel, wall coverings, battery' separators, and building materials, and, of course, as geotextiles. 1.2.2.2 Melt-Bonded Process These fabrics consist of continuous filaments or long stable fibers that are melt bonded together at filament or fiber crossover points. The resultant fabrics are rather tough and compact in appearance. Higher product strength can be achieved with this {13}.) i. ri: Sec. 1.2 Overview of Geotextiles type of manufacture at lower fabric weights (2 to 12 ounces per square yard) than for needle-punched fabrics, owing to the fiber bonding utilized in the process. The bonding operations, in fact, differ between the commercially available fabrics, depending on the basic fiber characteristics. The bonding methods include (1) homofil bonding, in which all filaments are composed oi a single polymer type, but some of the filaments have dif ferent melting characteristics, bonding being achieved by a high-temperature calendering operation, accomplished by passing fabric between two counter-rotating hot rollers; and (2) heterofil bonding, in which some of the filaments comprise two types of polymers having different melting points (heterofilaments i, whereas others have only one polyrre" (homofilaments). The heterofilaments have different softening characteristics from the homofilaments, and strong flexible bonds can therefore be formed at the heterofilament crossover points by controlling the application of heat and pressure to fuse only the lower-melting-point polymer forming the sheath, while leaving the core and homofila ments unaffected. 1.2.2.3 Resin-Bonding Process Usually, acr>'lic resin is sprayed onto, or impregnated into, a fibrous web. .After curing and/or calendering, strong bonds are formed between filaments. Often a forced- air drying operation is used to reestablish the fabrics* open-pore structure. 1.2.2.4 Needle-Punched Process A needle-punched fabric is produced by introducing a fibrous web — already formed by cards, gametts, or air laying — into a machine equipped with groups of spe cially designed needles. While the web is trapped between a bed plate and a stripper plate the needles punch through it and reorient the fibers so that mechanical bonding is achieved among the individual fibers. Often, the batt of fibers is carried into the needle- punching section of the machine on a lightweight support material or substrate. This is done to improve finished fabric strength and integrity (see Figure 1.5). The needle-punching process is generally used to produce fabrics that have high density yet retain considerable bulk. Fabric weights usually range from 1.7 to 20 ounces Needlepunched Process Needle board Formed web iiiiiiiniiiiiiiiliRi windup / \ Needlepunching Figure 1.5 Schematic diagram of needle-punched manufactunnc process. lAfier IS'DA 113}.> UAiBE An Overview of Geosynthetics Chap. 1 L. per square yard, thicknesses from 15 to 200 mils. iSntc: 1 mil = 0.001 in. is the unit often used by the industiy to measure fabric thickness.) Typical end uses are blankets, filter media, coated fabric backings, carpeting and carpet backings, automobile landau top substrates, apparel interlinings. auto trunk liners, and geotextiles. A major point to be made in this section is that the textile industr>- is a veiy ma ture and sophisticated one that can produce a tremendously wide varien- of fabrics. In deed, tailor-making a fabnc for a specific purpose or propert\’ is well within the state of the art Examples of current manufacturers ’ products used in civil engineering (i.e., geo- textiles) are given in .Appendix 6.4. 1.2.3 Current Uses In Chapter 2 the thrust on geotextile design will be through a recognition of the primary function that the fabric is performing. As already mentioned, the choice is among sepa ration, reinforcement, filtration, and drainage and (when impregnated) moisture barrier. Within these functions, however, there are a large number of application or use areas. These use areas are listed in Table 1.2 (obviously it is not an all-inclusive list, and it is constantly growing) for die purpose of giving an idea of the size and scope of the geo textile market. .Actual sales by use area are given in the next section. 1.2.4 Sales The use of geotextiles has experienced growth that has probably never been equaled by any other system in civil engineering and heavy construction. Estimated sales in North America are as follows: Year Sales (million vd*) m 1976 6 1977 15 1978 75 1980 102 1983 13S (Although no data are available to the author. European sales of geotextiles are thought to be about equivalent to those listed above.) Distribution of geotextiles to the ultimate user is handled (1 ) from the mill directly, (2) by means of Cvmr’ssioned agents, and (3) through individual distributors. Gener ally, but certainly not always, direct mill sales are focused toward unusually large jobs where competition is very intense. Commissioned agents (who are often very well versed in geotextile uses, functions, propenies. and design) work well with professional engineers and consultants and generally sei^^ice the “engineered” job applications. Indi vidual distributors serx'ice the standard applications and are often “wired-into” certain segments of the industry le.g.. road work or erosion control applications, etc.). TABLE 1.2 MAJOR USES OF GEOTEXTILES (a) Separation of Dissimilar Materials 1. Between subgradc and stone base in unpaved roads and ainlelds 2. Between subgrade and stone base m paved roads and airilelds 3. Between subgrade and ballast in railroads 4. Between landfills and stone base courses 5. Between foundation and embankment soils for surcharge loads 6. Between foundation and embankment soils for roadway fills 7. Between foundation and embankment soils for eanh and rock dams 8. Between foundation and encaosulated soil la vers• » 9. Between foundation soils and rigid retaining walls 10. Between foundation soils and fle.xihle retaining walls 1 1 . Between foundation soils and storage piles 12. Between slopes and downstream stability berms 13. Beneath sidewalk slabs 14. Beneath curb areas 15. Beneath parking lots 16. Beneath spon and athletic fields 17. Beneath precast blocks and panels for asthctic paving 18. Between drainage layers m poorly graded filter blankets 19. Between various zones in earth dams 20. Between old and new asphalt layers fb) Reinforcement of Weak Soils and Other Materials 1 . Over soft soils for unpaved roads 2. Over son soils for airfields 3. Over soft soils for railroads 4. Over soft soils for landfills 5. Over soft soils in sport and athletic fields 6. Over thermokarst areas 7. Over unstable landfills as closure systems 8. For lateral containment of railroad ballast 9. To wTap soils in encapsulated fabnc systems 10. To construct fabric-reinforced walls 11. To reinforce embankments 12. To aid in construction of steep slopes 13. To reinforce earth and rock dams 14. To stabilize slopes temporarily 15. To halt or diminish creep in soil slopes 16. To reinforce jointed flexible pavements 17. To bridge over cracked or jointed rock 18. To hold graded stone filter mattresses 19. As a substrate for articulated concrete blocks 20. To stabilize unpaved storage yards and staging areas 21. To anchor facing panels in reinforced earth walls 22. To anchor concrete blocks in small retaining walls 23. To prevent puncture of geomembranes by subsoils 24. To prevent puncture of geor>iembranes by landfill matenals or stone base 25. To create more stable side slopes due to high frictional resistance 26. To contain soft soils in earth dam construction 27. For use in membrane-encapsulated soils 28. For use tr. m-situ compaction and consolidation of marginal soils 29. To bridge over uneven landfills dunng closure of the site 30. To aid in bearing capacity of shallow foundations TABLE 1.2 (Continued) 1C) Filtration (Cross-Plane Fiowi 3. 4. 5. 6. 7. 8. 9 10. 11. 12. 13. 14. 15. 16. 17 18. 19 20. 21. 22 23. 24. 25. 26. 27. 28. 29. 30. 3. 4. 5. In place of granular soil ^liters Bene^'fh stciic oase ror unpaved roads and airfields Bineath stone base for paved roads and airfields Beneath ballast under railroads A'ound crushed stone surrounding underdrains Around crushed stone without underdrains (i.c.. French drams) Around perforated underdrain pipe Atuiiau stone and perforated pipe in tile fields Beneath landfills that generate leachate To filter hydraulic fills As a silt fence As a sill curtain As ? snow fence As a flexible form to contain sand, grout, or concrete in erosion control systems a flexible form to reconstruct detenorated piles \% a flexible form to restore underground mine integrity .\s a flexible form to restore scoured bridge pier beanng capacity To protect chimney drain material To protect drainage gallery material Between backfill soil and voids in retaining walls Between backfill soil and gabions Around molded cores in fin drains Around molded cores m stnp drains Agamst geognds to prevent soil intrusion Against gcocomposites to prevent soil intrusion .\round sand columns in sand drams Around porous ups for wells .Around porous tips for piezometers .As a filter beneath stone nprap .As a filter beneath precast blocks (d) Drainage (In-Plane Flo^ ) As a chimney drain in an earth dam As a drainage gallery in an earth dam .As a drainage interceptor for honzontaJ flow As a drainage blanket beneath a surc.harge fill As a dram behind a retaining wall 6. As a drain beneath railroad ballast 7. As a water drain beneath geomembranes 8. As an air drain beneath geomembranes 9. As a drain beneath sport and athletic fields 10. As a drain for roof gardens 11. As a pore water dissipator in earth fills 12. As a replacement for sand drains 13. .As a capillary break in frost-sensitive areas 14. As a capillary break for salt migration in arid areas 15. To dissipate seepage water from exposed soil or rock surfaces (e) Moisture Barrier (when impregnated} See list of applications under Geomembranes (Section. 1.4). IDSec. 1.3 Overview of GeogrIds Resardinc the end use of geotexiiles on the basis oi specinc applications, a stud\ conducted in 1982 gives the following distribution [15]: End Use Sales 1 million yd*) Priman- roads (new and overlays!33.6 Secondary roads (unpaved access type)16.8 Remforcement (stabilization, embankments)28.8 Railroads 6.2 Filtration and drainage 15.6 Erosion control 12.0 Other (silt fences, flexible forms)7.2 120.2 The future erowth of eeotexiiles is projected at 15 to 259c per year, with one recent study (the most optimisric I have seen) showing sales at approximately 1.0 billion square yards by 1990 (i.e.. a 34% annual growth rate). 1.3 OVERVIEW OF GEOGRIDS 1.3.1 History Polymeric materials in the form of extruded nets have been used for more than 20 years. These materials have very good reinforcement characteristics (e.g., modulus and strength). They do, however, have a second use in the geosynthetics area: as a drainage core when making a geocomposite. This area is discussed in detail in Section 1.5 and Chapter 5. The relatively recent discovery' of methods to prepare high-modulus polymer materials by tensile drawing [16], in a sense -cold working," raised the possibility that such materials could be used in the reinforcement of a number of construction materials, including soil. Today, the major function of such geogrids is in the area of reinforcement. 1.3.2 Manufacture The basic polymer materials used in the manufacmre of high-strength geogrids are either polypropylene or high-density polyethylene. Initially, they are of a heavy gauge and in sheet form. Holes are then punched into the sheeting on a regular pauem, and the sheet is then drawn uniaxially or biaxially. Drawing is done under controlled temperatures and strain rates so as to avoid fracture but to allow free flow of the molecules into an elon gated and isotropic condition. The key variable in the process is the draw ratio, but other variables, such as molecular weight, molecular weight distribution, and degree of branching or cross-linking, are also imponant [17]. Aside from marked increases in modulus and strength, the creep sensitivity of the polymers is greatly reduced during the drawing process. r : 51"^!.;■ ■) TO: FROM: DATE: Mayor and City Council ; Mark E. Bernhardson, City Administratoj^v'' May 17, 1991 SUBJECT: Joint Council/Planning Commission % # ISSUE - Establishment of a joint Counci1/P1anning Commission date. INTRODUCTION - At the Council's May 13, 1991 Coun-il Mayor Peterson indicated that she and the Planning Commission Chair would establish a date for new meeting. DISCUSSION -> The date agreeded upon by the Mayor and Planning Commission Chair is: WEDNESDAY JUNE 19, 1991 5:30 p.m. COUNCIL CHAMBERS Box lunches will be provided. Please contact Dorothy as to meal selection and if you will be able to attend. Since the tenor of the meeting is to discuss general issues, no formal agenda has been established. ALTERNATIVES 1. Set the date. 2. Amend. 3. Table. RECOMMENDATION - It is recommended that June 19, 1991 be established as the joint Council/Planning Commission meeting. PROPOSED MOTION - Moved by , seconded by _, that the Council adopt June 19, 1991 as the da ’te for the joint Council/Planning Commission meeting at 5:30 at City Council Chambers. Ayes Nays cc: Planning Commission (Please contact Dorothy as to your attendance) ii k_ TO: FROM: DATE: ’ 1Mayor and City Counci Mark S. Bernhardson, City Administrat May 13, 1991 Af. SUBJECT: #1497 Gerald Toberman, 1960 Shoreline Drive Attachment:A. #1497 Gerald Toberman, 1960 Shoreline Memo Dated 4/19/91 B. Resolution #2953 Adopted 4/22/91 C. April 22, 1991 Council Minute Excerpts D. Nettles Letter Dated 5/9/91 E. Isanti County vs Mary Ann Peterson Court of Appeals 5/10/91 F. Barrett Letter Dated 5/15/91 G. Gilbert Letter Dated 5/21/91 H. Winslow Letter Dated 4/24/91 ISSUE - 1.Determine if Council desires to have a reconsideration of the adoption of Attachment B in light of re^'ent Court of Appeals decision related to similar cases. 2.If reconsidered, what action if any they desire to make on the issue? INTRODUCTION - At the Council's April 22, 1991 meeting. Attachment B was adopted allowing the continuation of a non-conforming use at ne property based on the facts that the use was determined to have been involuntarily discontinued, and given court decisions in other states that involuntary discontinuance, did not constitute abandonment of the use. Subsequent to that meeting, the Minnesota Court of Appeals issued decisions that have some bearing on this case. The second decision is perhaps more anagolous to the current situation. As a result of these decisions, the issue regarding legality of the April 22nd resolution adoption was questioned in Public Comments by Alan Nettles and it was requested during the Mayor and Council Report that this item be placed on the May 28, 1991 agenda to determine if reconsideration may be appropriate. DISCUSSION - In order for the issue to be reconsidered a person on the prevailing side would have to move for reconsideration. As noted in the minutes Counci Imembers Goetten, Jabb«.ur and Butler were on the prevailing side. Should a majority of the Council vote for reconsideration, the matter is then open for further discussion and action. You will be receiving a legal memorandum from Tom Barrett * ^ discussina the issues. . ■>- • While the legal issues indicate that an involuntary discontinuance may not constitute abandonment, the question is whether Council finds facts to indirat? that the landowner has failed to rebut the presumption that the discontinuance was voluntary, in which case the applicant could have undertaken the use. ALTERNATIVES - Issue #1 - Reconsideration 1. A person on the prevailing side move for reconsideration. 2. No one moves for reconsideration. 3. Reconsideration is approved. Issue #2 - If reconsideration approved, what actions would Council want to take: 1. Discuss and adopt the same resolution. 2. Amend and adopt. 3. Move for conceptual denial. 4. Table for further discussion. RECOMMENDATION - It is recommended that if Council undertakes reconsideration, that any change from the original indicate the facts on which the determination is based. PROPOSED MOTION - Moved by , seconded by , that subject to a reconsideration the Council may undertake a reconsideration of Resolution # _ _ regarding application #1497. Ayes _, Nays cc: James Gilbert, Meshbesher & Spence, Ltd. 1616 Park Avenue Minneapolis, MN 55404 Alan Nettles, 1940 Shoreline Drive To:Mayor Petersen & Orono Council Members City Administrator Bernhardson Prom: Date: Jeanne A. Mabusth, Building & Zoning Administrator April 19, 1991 Subject #1497 Gerald Toberman, 1960 Shoreline Drive Renewal Conditional Use Permit - Resolution List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Gilbert's Letter of 4/8/91 Gilbert's Letter of 4/17/91 Suesan Pace-Shapiro Memo Final Draft of Resolution Please review Exhibits A and B, Mr. Gilbert has cited specific conditions within the resolution drafted by Suesan Pace- Shapi o that he finds objectionable. He specifies Conditions 3, 4, 5, 6, 10 and 11. Ms. Shapiro has continued to discuss these concerns with Mr. Gilbert. She has advised that they have been able to resolve the applicant's concerns and still satisfy Council's original directives. As of the writing of this memo, staff is not in receipt of the final amendment. Ms. Shapiro will be reviewing the final amendments of the resolution with Mr. Gilbert later in the day. The final draft should be readied for inclusion in your packets. Mr. Gilbert will be present to discuss the agreed upon changes at your April 22nd meeting. m§ 9 • f • • )i»i«KatM M^anoa«UB9< HONALO I- •vMsiu^ •rij'ca * jjMi «. ottaBiiT- jomm P. OLiYfpaA OtWfB jam MnasT »AOt w. aaBOimoM BAtmCK » llrtBAlf jAit# AfWBiffin ro f«AAfl«« IV SrSN’'T2. 5 4©io ?a «k a .vcmt :3 MtNNB.vPOLI 4. -MTWTrAOTA 009‘^81 IlifhV jyr^CB A^rll 8, Sak IIL j aoxvi>i** MiCttABi <; iKTPBR' Ja PIXS a . WXLI.:f8X jomwt r- aaxbmt .HAXX d sthbxo X a VD a U. O. iVBVOB ■Owa BO |. Ba AX OAl*r«x> c- oxnii^Mi^ J. X. iv*v ••• • KATfIBBtVB A. rZ.QM JOHX L dXlBX a A mI^S* t* #*A0Ma« !• ott>aio<*« • •••*fc»o *OAirr*o w BY TELEFAX Ms* 8u««an P«c«-ah*plro POPHAM, HAIK, SCHNOBRICH 3300 Plpar Jaffrny Towar 222 South Slnth Straat Minnaapoliar MN 55402 & KAUFMAN, LTD. Rai Smith's Bay Marina Conditional Usa ra^alt/Varlanca Your Pile No. 3643-047 Our rlla No. 28/23925 __________ Oaar Ma. Paca**6hapiroi or*t^rs:r‘?ou"r lattar asked me to gat back to you before April 10th, which woult* be two days after the council meeting. I have not had a chance.to discuss this matter with my y,t, but I c.n t.ll you tlcil.t now tJiat I .J 5 of vour Conclusion ars axtrsmaly unreasonabls. think they are setting a harmful precedent for the City of Orono by Im^elSg SSonomle conditions that are unreaaoneble and nay lead to m £ailur#« Baeed on my recommendation, my client would be feo oD#n OH 0 b**Bia# fcut will HOt l#t th# City dictate how many days a week he has to be open, what his Invsntory ?s5il shoSrd bjy and having to close at 6.00 when a lot of people •T. oi>«e». «•-<> WO*I.» C*KT«n •». -»• k r..-’*' .:= -IS-?!*' M2 SHBESaS^ ^ 5PS:''CE TZ> Mu. Sue«Rn Paca-Shaplro April fi, 19dl Pag* Two -«u2r:nS/%rSort.’:°“?hU'T/Snre«=r.ab?e^"n%1I hi o ;?S?r%"4e/i/orr«: to, .v.n oth.r .IMl.r .tor., within th« City oi Crcno. Moit Of the other proviaiona are review, but 1 do need to get tnla to try client. - am having a.l of thle telefaxed to hia today in my absence, along with th-s reoponse. Yours truly. MESHDESKER a SPENCE, LTD. Jaffl«a W. Gilbert JHC/nj dictated but not read cci Mr. Gerald Toberman (w/enc.) r H mmtnmrm MmmmwmmMmm* T* lIVttSM • m. atJ.asBT* jemrf p* Qmmwim «• aoitnaoif ••• jam paW w. saiiottiic/n OrFiCBS .vi3SH325a32H ob 3P3XC2/ LTD 1«A« r^MA avbmcb ,nx.*»:^aA-PQVi«j .ni>:<’l«orA M?LY .MTy^BArOLJfl OiTTCa iAtCRABl. C. •irTDBA* JjkA^W A. >on> iviaaT ' tTPSBO ■ 1. JPBJiU dO^AA^ 9APP ObAjfiPii « ^gapaaao j. jr. T'rar • • • • AAXBPP<J*a a* fbOM JOftXf • *«AO ••April ;7, ^r^^ Mirrm tm m iftAivw* • 9*4 tm rm rm taaaa MS • mmmmm NS. aosssn Pscs-Shapiro POPHAM RAIX 3300 Pip«r Jsffrsy Towsr 322 South Ninth Strsst Mlnnsspolls* MN 5S402 3Y PAX list smith's Bay Marina Your File NO. 3643/047 Dear Ms. Shapiroi Pursuant to Tom Sarrset's request, I an sending you some :?2!r.Sci/*ss.T*i TSt:;.Tir«“n «'rmus:rr ^"Srn:r.,5tSir3!Trsnr42r4fpo.irrr;?;.nJ.^'„rij^..... artificial trip wires. We would be willing to stipulate that t.he business be open snd operstlng on a regular basis between the above ^l.S inoluS having iavsntory «-^^cmpioyec. time to tine and be open no later than 8 p.a. for customer ssrvles. unrcasonnbls and would Sony him iJ orivacyoneeninq traffic. Replseemsnt of landecsping ia neadad in pri a y fence maintenance ia acceptaole. ZB roaard to Paragraph 10, we would v*nt e requirement that the sigaege oompliea with the City of Orono'e ordlnanoee in *’•9*^ fca aianoM Z dlecueeed the tire lene language with jny client andr. would be helpful. Talk to my legal aaeiatant# Sandy Peterson, i t am unavailable. .w mt. >Atft orvtce. ••<»« cornua caKTse *t. faui,. eaiw ^ ■ t”-. oMS*JI323H2n . Jt 3PENCS. L^3 Ma* Suaaan pac«“Shapiro April 17, 1991 PAGE TWO ParMrapij 11 ia an unn«cea«ary addition. Tfte oonditlon^ uso oerinit do3a provida for tha eala of soata and nautical aupplies. violation of the ordlnanoa. Howavor, to make it any more raatrictiva may only cauae more confusion: if cuatomera of the marina buv boata or^aupUaa from this location, would that ba a violation? Paragraph 11 should ba dalaced in its entirety. I would appraoiata it if you would review this matter with tht approprlata city officials and get back to ma at your Q&rlLtaz convenience, 1 am v^oing to be in depositions moat of Thursday and Friday, but because we are on the council agenda next Monday, i would like to hear frcm you as soon as possible. Thantc you tor your conaideration• Veiy truly yours. MSSHooS'nSri )t\i ,v... ; - ~ « *i/ • Joined K. Gilbert /cll cc: Gerald E. Toberroon TOJ FROM: DATE: RE: M^MOnANDi.’>T Mark E. Bernhardaon Jeanne A. Madusth Suesan Pace-Shapi.ro April 18, 1991 Smith's Bay Marina. ’960 Shoreline Drive Conditional Use ^ Our File MO. 364a-^ / Enclosed is a letter from Mr. Toberman’s attorney, Jim Gilbert, regarding th^ proposed conditions the conditiona use permit for i960 Shoreline Drive. I hove reviewed Mr. Gilbert's comr.ents regarding the various conditicnr.nd hsve mad* a few small c.^angas section o« the conditional us« thosethe proposed conditional use permit which will indicate tho. sections that I have made changes to. With resoect to the remainder of Mr. Gilbert's comments, it would appear that the City Council should address t.hem as they feel may be appropriate. Enclosures (205)ZSPS o o CITY of OSONO * A - ' <y RESOLUTION OF THE CITY COUNCIL NO. _ _ _ _ _ _ _ __ A RESOLUTION RESCINDING RESOLUTION NO. 2193 adopted on JUNE 8, 1987, AND RESOLUTION NO. 961 ADOPTED ON DECEMBER 18, 1978, AND GRANTING CONDITIONAL USE PERMIT UNDER SECTION 10.03, SUBDIVISION 5 (J), OF THE ORONO MUNICIPAL ZONING CODE RELATING TO A BOAT SALES/NAUTICAL SHOP AT 1960 SHORELINE DRIVE, ORONO PILE NO. 1497 WHEREAS, Smith's Bay Marina, Inc. ("the applicant") has made application to the City Council for a conditional use pe^it description: Lot 2, DlocJc 1, Tourangeau Additio'', Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, a conditional use permit was issued pursuant conditions applicable to said property; and safety, and welfare of the occupants of the surrounaing xanas, exist/ng and anticipated traffic conditions, the effect on of properties in the surrounding area, the effect of the use on the Comprehensive Plan; and 3”M^2Sf»g:=fS! Resolution No. 2193, the conditions are p>; necessary; and WHEREAS, the City Council finds a boat sales/nautical shop is a seasonal business; and WHEREAS, it is the intent of this resolution in its entirety Resolution No. 961 adopted December 18, 19 ; Page 1 of 5 h o o CITY of ORONO •N.:: ?».**•N RESOLUTION OF THE CITY COUNCIL NO. HHERBASr it is the intent of this resolution to continue and restate certain conditions of the permit granted by Resolution No. 2193 and to add the amendments now required, and to consolidate all conditions applicable to the subject property in this Resolution; and NHBRBASr the contents of the Planning Commission review and recommendation File 1497 are hereby entered into and made part of the public hearing record and the record of decision for this application. CONCLOSION NOIIr THERBFORB BE IT RESOLVED, based on one or more of the above Findings that Resolution No. 2193 (Resolution No. 2193 filed as Document No. 1870061) is hereby rescinded and replaced by this Resolution which continues and amends a conditional use permit to the subject property for the purposes of permitting a boat sales/nautical shop within the LR-IA, Lakeshore Residential Zoning District at the location described above based on the following conditions; 1. That the property described herein .nay be used for a boat sales/nautical shop, so long as applicant commences to operate a boat sa.lcs/nautical shop by April 22, 1992. 2. That the boat sales/nautical shop be open and operating during the seasonal period businesses of a similar nature are open, including the period between April 15 through October 15 of each year. 3. That "open" and "operating" shall mean at a minimum the business is open to the public on a regular basis at least four days per week, excluding legally recognized holidays, during the hours between 10:00 a.m. and 6:00 p.m. 4. That the boat sales/nautical shop shall not be open after 8:00 p.m. on weekday nights, due to its pi oximity to residential properties. 5. That applicant shall maintain inventory sufficient to sustain the business as a viable economic enterprise. Applicant shall employ staff knowledgeable and experienced in the business of boat sales/nautical shop. Page 2 of 5 !l o o /A,- CITY of OfiONO I V •; I .X Vi^ RESOLUTION OF THE CITY COUNCIL NO. 6. A buffer landscaping and privacy fence shall be maintained in good repair along the side yard adjacent to 1950 Shoreline Drive. Landscaping materials shall be replaced as needed or required by the City, and said privacy fence shall be maintained in good repair. 7, That no plantings shall be placed within County right- of—v^ay or grassed buffer area adjacent to Spates Avenue and Shoreline Drive. 8. That applicant work with City to provide and maintain appropriate natural screening adjacent to lift station and within rear yard. 9. That applicant provide approved parking pursuant to Parking Site Plan, herein incorporated as Exhibit A, to provide eight passenger vehicle parking stalls and seven spaces for boats as follows? A. Spaces 1 thorugh 4 limited to boats not in excess of 25 feet - no masts to be installed; and B. Spaces 5 through 7 limited to boats not in excess of 20 feet - no masts to be insta.Tled. 10. That signage shall comply witli City ordinances. Lighting shall be shielded from all lot lines. Fire lane shall be posted with signage approved by the City on east side of building. 11. That applicant in no way connect, combine or otherwise interrelate the operation of its boat sales/nautical shop business at 1960 Shoreline Drive ^ith^ny other p^ particularly that of the marina at 1955 Shoreline Drive. Applicant's property shall not be used for marina purpose. 12. That authorities granted by this conditional use permit run with the property, not with the applicant, but are on said date. 13, That violation of or non-compliance with any of the terms and conditions of this Resolution shall constitute a violation of the Orono Zoning Code, shall automatically terminate any authority granted herein and shall be punishable as a misdemeanor. Page 3 of 5 o o •a*- CITY of OROXO RESOLUTION OF THE CITY COUNCIL NO. ___________ 14, Dhat applicant apprise themselves of all applicable provisions in the Orono Zoning Code relating to conditional use permits and non-conforming usesr said provisions are incorporated by reference as if fully set forth nerein as Exhibit C. 15. That this Resolution shall be effective upon applicant's execution of an assents attached herein and incorporated by reference as Exhibit B, and payment to the City for all expenses the City has incurred as a result of review and approval of this conditional use permit. GENERAL PROVISIONS 1, In the event any condition stated herein is declared invalid or unenforceable by a court, such invalidation shall in no way affect the validity of any other condition in this Resolution. 2. Any failure by the City to enforce its rights or remedies in the event a condition herein is violated shall not be construed as, and shall not constitute a waiver of, the City's right to enforce its rights and remedies hereunder with respect to that particular violation or any future violation. Adopted by the Orono City Council on this 22nd day of April, 1991. Dorothy M. Hallin, City Clerk Barbara Peterson, Mayor Qju tJL(S_Q Property Owner(s) Page 4 of 5 r o o 1 . • 'A-,- A, CITY of ORONO •- V, \ ■<*ESHO^ RESOLUTION OF THE CITY COUNCIL NO. ______ STATE OF MINNESOTA ) )ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 22nd day of April, 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. NOTARY PUBLIC ) STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. On this T71w.. day of / / I <-i _ _ _ _ _ _ _ _ _, 19 9^ before me a Notary Public within and for said county, personally ^nlJ f.appeared 'niJ t. /T*'/; h_ _ _ _ _ _ _ _ _ _ _ _ _ _ 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. V 0 ' 11 I 6.v_CZ(Lwi, NOTARY PUBLIC 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 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 • •► * ■> >.a& r«‘‘* ••'«. V'* 3 V- ^ '• .%• wf icj: Idi .»*-*‘--jv *.Vv ..% *-X7 ••** iiMI J ^ - '.'V. ** •; v>-i/niPI */ * . :£yi ''ii -IT. jl i2t8s'*"Av©nue - ^ t. » ^mm s-'f I. I:. S|-^ INNOVATIVE MICROGRAPHICS DUE TO THE POOR CONDITION OF THE PRECEEDING DOCUMENT WE CANNOT PRODUCE AN ACCEPTABLE MICROFILM IMAGE. EXHIBIT B ASSENT OF APPLICANT File No. 1497 1960 Shoreline Drive The undersigned hereby assents to the following. a. b. c. d. e. f. I have read the conclusions and conditions of this Lsolution NO. 2953, and I am familiar with and under stand their contents and with the content o exhibits. I have been represented by counsel in matters relating to this conditional use permit. I fully accent all of the terms and conditions sa^d Resolution on behalf of myself, my heirs, succes and assigns and hereby agree to Resolution in the chain or title of th . . -Y* failing to adequately stock said business with merchanlise and inventory, failing to -intain required hours of operation during the defined season , failing to Liploy staff to operate said business. I understand that Section 10.09, Subdivision 6, of the Orono Municipal Code provides, in part, as foxlo . A. That the proposed conditional ^^e will with each of the applicable provisions of Zoning Chapter. B. A conditional use permit may be ^ be aranted for a limited time, or may be granted subject to such conditions as the Council may prescribe. Page 1 of 2 h. 1. C. A conditional use perntit shall reniain in effect as long as the conditions agreed upon are observedf but nothing in this Section shall prevent the City from enacting or amending official controls conditional uses. I understand that the granting by the City of this Resolution is in reliance on the representations that I will fully comply with all of the terms and conditions of said Resolution. I understand and agree that upon notice of non-compliance with any term or condition, I shall immediately cease conducting activities pursuant to the notice or will take all actions necessary to accomplish full compliance with said notice and conditions of the Resolution. Failure to comply within ten days pursuant to any notice provided by the City shall be deemed as voluntary abandonment of the conditional use permit for the property located at 1960 Shoreline Drive, Orono, Hennepin County, Minnesota. Acceptance of a conditional use permit issued by the Orono City Council is deemed acknowledgement by the applicant that applicant is familiar with all applicable provisions of the Orono Zoning Code relating to conditional use permits and non-conforming uses, said provisions are attached as Exhibit C, incorporated by reference as if fully set forth herein. Ge^id E. Tobexroan, Applicant Dat ■1^ STATE OP MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) jdt CL On this _______ day of 7l0d <^/_______________r 199 / before me a N^ary Publ^ and for said county, personally appeared lA ^ of n _________________^____ 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. 0 - O- '7'.':sen .¥?V V Oa <OIA CCjNTY Pace 2 of 2 32C. 13.33. PRCVISICNS Sued 1. Mir.inu- Requir^.T.er.cs. and acplic2-ion, “he provisions^ cr^cr.a^-cning to be the .Tiininiuni requiremen^wo^- r-' safany, iiorals, -k - *• 3 '3 — -»•. 2 - .i- — *3 3 w • • ^ — — ^ ^ ^ W«UW sn3,.!L2, b3 r. sLg riS2L— -G f and we-Z2r2* c,,K^ •? Mnra Restrictive Provisiccs To Appi.*/. .vr.era ► H rr,ndltion^ tmoosed bv'lnv ocovision of the Zoning Chapter are the conditions impo . r.strictive than compataole lo^^di^io^s Vosed^y any oth^ rol°e^fe^t^i=h/-./,n“^"^S tnpife h!l?her ^s’tandards or reguirenents shall prevail. Sourest Municipal Code Effective Data: 9-14-67 c T All Permits Comoatible With Agency Heguirements/- A iulXding of permit, or other P®-”'-^ Citv Code mav be denied if thewherever or whenever reg^red by the intent and proposed acyo" °'^ P®'J “„ Manaoenent Plan, the Storti Mater IS°n-^fr"/nd°'sh^'’rlii^nd;iAd^^^^^^ the Lake Minnetonka Conse.yat- ^ '^v Citv. n^oflic?2?^lpTet Tnduse "and-examination by the pabiic in the City Hall. - Sourest Ordinance Mo. 1 3 Effective Datst 1-1-75 • -t--!.---.. T *. 1 <5 •’-'iw^ul to convert, Subu. • • ^ i-jar ^n\f s*"^uc*"ure or us8 any structure or "TT-^osl^nor^^n-eny-ma'nner-Which is not in conformity with the Zoning Chapter. Sabd. 5 ^'°"yi-i-”il^,°d“to a"7oni^o^^on«inVate"ln which were actually said non-conforming use Specified. A. The non-conforming use may not be changed to another non-conforming use. B. nothing in this zoning Ie^\«l"d “nLlfV'bT'l^e^aUdtng ?nspe=Vo°", “prlvidin, the necessary ORONO CC 251 (4-1-34) I irtr ai.il I' 3 --a-. cer-er.t-*• — -a *71^ a'i.; rz'^Giracruc--.--.. Szruczuze , z.-.a-- i^;;ssorv V,acur« a-.-.acr.ed z= t- szzuc-.ure or -zcaze ------3 =-r«-.g ■na’'-uees, rTiona.Tiencj.*:he lana» sucn 3s .u----— / S n i ’ - •• ai^ -- - • • — d ar.vwhere cn C. W h e n a n y lawful r.or-Gcnf cr:::ing . ^ j__ _____ use of any or lane in any c-ia-----c- naa we_.i w..a , ticas<—JC-ar- -i,g,.3a?*-3r 26 changeo to any non-concorniinw usa.use. It snax- not u.*e —------- n i^honever a lawful non-conforming structura shall *, , ^innr •^xt^losion# edT -hcTuaks^ waTf riotf have been damacec ai before ii it be or act of Goa, ‘ m-> ^onf-xg a^^tar such calamity, unless seventy-five percent the damage nlarket value as shown on the assessment (75%) or more or Lu S z case tne whole thereor r«cords at the time or damage, in ® ,-1,, sugii v^e for a E. Whenever a lawful non-confornini^ use of a structure or land ia ran^nh°ail^Te"Tn *c;!,f “ w"-^ the oroviarons of this Zoninc Chapter. =• Anv lawful non-conf or mine use of land not 1 • 3 <5r/uc^ur» ‘ and anv lawful non-conforming use involvinginvolving a st-ucwur-, an ^ -narke** value uoon the errective a structure with an of S3,000.00 or less, '.tay be continued date of this zon.ng unapee u- af^-ar ‘-••'e effective aace or SnlesrSJrug""?n«'conlorbitv with the Zoning Chapter. "•h -'"- ='nT'^*on4%"";i'but'’far ^hL^.; h‘i'’s*be-n^al ”l%tanted not'iore than six (6) inont.hs prior permit dat- of^this Zoninc Chaoter, may be completedto the effective date or • nmwided construction is stlrte1f"w''®thin*'six (1) \°onth7 of the '°Such atfueVure'^and^'^u^'r^^^^^^ t1Te?eafter be *a legally existing non conforming structure and use. H Normal maintenance of a is structure contaiining or related « * .ermitted, including "°Ve„d “r^r-nsif^^ the non-incidental alterations which do noc extend conforming use. ORONO CC 252 (4-1-84) ■i’vabilitv thereof, proviceo tnev _wi— no>. -..c.-ase >---- dwelling units or hui;< or tne oui-oinc. 1--0--5-•■ cns r.a’' re -ace to i ruilcing conraining - I1--3 <V*iS.* W..0J —"•**'1 Source: Ordinance Mo. 171 Effective lace: 1-1-75 J ADolv to -uses'' Only. The non-conforning use _ _j: 1-u- Tnnina Chanter aooiv oniv to the use to whicn pcoyisions or situations where lana and buildi or's'--uctur-s. lot sice or ocher factors not location ^ -he" oremises prevent scricc conformance with invoLvinc tn6 us8 ^ v-. ^ r* how0V^^# sucn sl "■r 'aiaie?is"“d \larUv°undL7 p^ior'a;=U = 3b;.,-la«, the Coun=U*^ill noc unreasonably .ec.i.e --'f generally look with favor on gran^^ng or a /a.-a - 10.08. .•=, a deiror*r»-fboTeaTand‘^Var\e\rha1 i:rn”recor"d''/d V' ^-a office of the Heg'i^ter of Deeds r'“o°^ ""I^d^after Hennepin County, Minnesota, -anu aoDCOval by the Council i,. recu----« Source: Municipal Effective Data: 9-14-67 A. Existing Lots. A lot of record existing upon 1 ^c^l^ LT an "H" District, which does not meec tne requ?rLents"of the e^rposV'pr"v^dSd utilized ^uch use doe's not adversely lk^%lt"pu^A='h“eriirorsah-e\y follow.no requirements are met: Source: City Code Effective Date: 4-1-34 1 In "R" Districts of One Acre or Less and With public sanitary Sewer. thi effective date of this Zoning Chapter in any serviced by H H&%Tfo! sln^irf^i dle“un,%urU if the area measurements and Afg zonina Chapter. However, IfeTot i^^r^ecocfshal^" -rSe%or/intenselV developed unless ORONO CC 253 (4-1-34) r. 6 ’ * n -5 S 1 * ft ^ * Sued. 5. V.ari2r.C3s: e.rr sf-i- -r.-2 iaea •. ^ ^ - “ r. 2 z - 3 - - • "^- ^ ^ '.’ariir.css sr.all 3:ceir3 1 r3-U-r2 1 ..2 w «> • “ - ^CT!,i V0 ::ar2: Subd A cer'i'.iid cecy cf every varia.ics^ grar.zeu variances filed wit.h the County Recorter cursua..- -o M^n..eso Statutes, Section !"e,Vl dls^l^ticn ofthVVrope-rt; rivcived. ‘ Faiidre to file a va/iance shall not affect its va.id.ty cr enforceaoix.../. S2C. 10.09. CONDITIONAL UFTC Subd. 1. Conditional I'ses: Furtose.order to give SUDO. i. uonui--Olio i \ ‘ 7. Z.. ..^^acca—• -n ac-'-ve the district use regulation the r_e.xtbij.--. * d-'s*-'-**c*-s , the objectives of the Zoning Chapter, n^rT nf‘2 ule in a paruicula^ quirable When such circumstances e.xtst, a circumstances be suitaole. wnen su .... act lied conditional use permit may be Permit mav to issuance of the permit ana a periodic 1.-^., j_3.. and be required. The permit shalx c-’V^eir* ufvsual not for a particular person or fi..m. t^aev mavc.haracteristics, conditional uses require c°"Sidera. w.._ so t..e_^ ra be located properly with respect to^t.te polpecVta their Vff^^cts^^on'^u^^^^ - .Je^essccshle conditions upon t.he granting or tnese permiwo. Source: City Code Effective Date: 4-1-84 subd. 2. Conditional Uses: S®-®/®"®® coamission. Before • .e Council «®_y ^ant ®°"d^Ystr^i regulaSoL for such conditional ^■:t»es as presc..~bed .. - . . referred to of the zoning Chapter, the request = “ the the Planning Coauninsion for ^ and developaient Sfir"ner,1.h°o\h'?o%\1d ““rrlfo.°n:n%?n in regard t® ^ran-^ng ^,?ia?”oinr=h^rdft1o“rus1:'Th=e ?;un%°fi;/ar.; rn/n^aous action waive reference to the Planning Commission. Source: Municipal Code Effective Date: 9-14-67 ORONO CC 267 (4-1-84) 4 Subd. 3. Ccndi-icr.al -fI** 5, ::‘“'J'u'o^ .^.^.v -._.s:- filing fse as r.ay be es-ab.asr.ec =;; tr.e _aunci. inr^bril bs accortpanaed by a saae plan ar.c -'f^.*: snowing as ~ay se ..acaooa-,- v-- ----------------- limibad tOf “be foilcwinc: Site clan drawn at scale dir.ansions winh aorbacks noted footage. /-i 3. C. D. Location of all buildings, heignts, and squa.e Curb cutSf driveways, parking spaces. Off-street loading areas . by shift. F. * Type of business, proposed number of employees G. Proposed floor plan with use indicated and building elevations. H. Sanitary sewer and water plan with esti.itated use per day. ^ lighting plan showing the lighting of parking area, walks, security lighti.ng and driveway entrance xignt. 268 (4-1-84) •rlin 2 • « clancinas . aas-raa showing the of the pcope .-V.4 ooerty owners wl •: in cuesrron. 2-' 2 rer o if ie tl C Z ... - Source: Ordinance £ffecciv'i Dace : 1-1-”5 ? Subd. 4. Conditional Uses: Failure rr-»mm i«?<5 ion to Act If no recor?..‘nendation is cransm^i >--ea oy w. Commission to Act. .^. . fgn) davs after recerrax or thePlanning Comjiussinn witn^n .ix-/ M) council nay aooiication for conaiciona^ u^e -w *J= V---- take action withouc furcher awaicinc suc.^ recom------a^-o.^. Source: Municipal Code^ Effective Dare: 9-14-67 ^ubd 5 Conditional Uses: Hearings and Notice. The Planning Aa° 'i’<?ci?ehearings on each application for a c..naiw..ncix - . S" ‘m?I -s than ■rate of ten (10) days or the hearing by Citv. Such notice •- h 0»•description the time and % le for the . or cne land and the proposed place of the hearing. At least ** ^ ^----- '**^o**^ publication shall contain conditional use ana c.ie 17.shall mail an ten (10) days berore cne Z" arccertv owners identical notice to t.ne owner f ‘ c ^snd'in cuestion. within 350 feet 05 the resoons'ible for For the purpose or giving to determine t.hehbo norice'fl*av use any appropriate recocs-x_^u mmailing tiie notice^ay nse any appropc. ^ names and addresses o*. owne.j. - „nr^ca was sent shall be the owners and addresses to whic.. u.ne n - = ^ ^ attested to by the responsible "’^filed-notice the records of the 'Ir," the notice shall hot to individual property owners, ? , .''"'■'7 “ fide attempt to comply invalidate the proceedings, ^Tt t\To^blic^hearing the with this ^^%^f\"JA°Veview the apolication and the dTa^ingrs^Zbmft^^^^^ therew.itn aid snail receivestatements and drawings and the proposedpertinent e''l-?ence^conoerningJhe^?cop__^^^^ maintained. Any conditions under which -- ---- ..ar-’crm or bv aaent or attorney. party may appear Council, the Subject to such limitations as y , ^ the conduct of Planning Coraraifsion or provisions for thePlanning Commission or uouncxx . tnr''ude provisions for the proceedings before it. Such .h %,• i i na of writ^ briefs by giving of oaths to witnesses and the filing record of the l2?ion^?akYfon‘'LchYaYfindings final action. ORONO CC 269 (4-a. '84) % % ^ • •■^•^*2* w3Hn*—riw w*. r*^-..»t*.*« r* . JL* • • • - • • *^ Council nav granc a conei;.:^o^nal accliec for or in mcdinec -orn,^ and one evidanca suoniooec, one - • -i — -a ».«WConniasion nay recennend •se c®rniio aa one use pernio waa 1? or.'the =esi3 of -.he epplooeoich irv na.<es one following oinaings: L.Thao one proposec . • • _ _ _ oca 0 ion of onew.iS wtwww-*--.- -------------------- ^ wioh the objecoives of the Zoning thV district in which the site isconditional use is in accorn Chapter and the purposes or^ oian* located and Comprehensive Municic--- -• - "’ha^ the orooosed location of one , :•* ^'o'n under which it woula beconditional and v.ne -ro - public operated or mainta-ned injurious to properties orhealth, safety or welfare, or mate.ia—/ m3u.- improvements in the vicinity; ana. 3. each ofcomply with Chapter. , 1 ''6'-nit mav be revokable, may be granted for a limited time, or__may be granteo eanje.. .. sac.. conditions as the Counci- may prei>.------- C A conditional use permit snail remain in eroect as long as the conditions or amending this Section shall jlji' V cond-’tional ases.Official controls to change the status or conc.-io D A certified copy of any conditional ‘ise shall be filed with the J^^"?^f®citv is'loVa^ted for record. iit cendiViona/Te'^e?-"" sLll include 'the legal description.of the property included. Source: City Code Effective Date: 4-1-84 Subd. 7. Conditional Council shall set conditional use permit appli- all the reasons for tiie denial „ permit which has been cation. No application ® . '*_gg„un,i^ted for a period of six denied wholly or in paru sha ,1,7 exceot on grounds of new erd^e^n^ce^orp^o^oVoflh - - Planning Conunission. Source: Ordinance No^ 172 Effective Date: 1-1 —/5 ORONO CC 270 (4-1-34) mm ^ • • • r ^ r • “ • ■ * -»;a 'i'2-accr.diticnal":3*e ::ar-.i- snail lapse ane _ _. ^ ^ subiect of tne ccnaiaionai use ^s-^ .,^:.-^.av be renewed ror an acort-ona- -e.-,.g o- w..- ----jse ^^e-m-- ...-J -- - fi--iar5 --■i.-'r -3 tne exoiranion or one provrided «at tne =® “r%-r/,.riVd -/ith tne 3onin? Administrator. The Cou.ncil may grant or can, a.. a?pl-.uau-on r0ri6W3X of 3 conditionaX us0 p8rnii‘-. Subd. 9. Conditional Uses: lapse or ’^se. Should^^a conditional use permit lapse or f.f c’l months, future use shall be in ron-ocmance j^--.. zoning Chapter unless sucn lapse or cessation^.. „eterm...e. - -e due to illness, natural disaster or acts oi. . Souroet Municipal Code Effective Date: 9“14"’5< a A1 '“non-cont = r m?n^' 'us°e"s \ctu%"ani“ ll'a A°"'ex < slyng December 1,' 1974, shall be issued a^ conduitionar use “?«j; ^^°dtr?on!; ufe*or?n\^"s°hall"a!L«“the «ntInGst'ion of the nor- conditional use perniu.w ana-- a__ ,« *-npn «*x’Sf‘nc on conforming use to the same extent , t December L, 197 4. Sucn permit, .na^. oe ce-mits to aoolication fee and t.ne t-ouncij. sna-- ^e ^imi--c t.Ve full and accurate statements ; oerVodic the existing uses._^ Sucn permit. ....-.‘Ot .e -j . review. Source: Ordinance No. 172 Effective Data: 1-1-75 Subd 11. Conditional uses: Review Upon Neighbors Petition. Conditional use permits shall not be Unless^such f revuJ®Is®oni° the 'orig inal'per m i t or ?2jrs%f:he%^«“m\h\^1ro;fdid%lVrU-%rhit!oror7g^^^^^ Ues*wifh!nS!SSrVe"eh“of“tL‘t/4Tr=y“u\ £i^*/^\^n irphi-p^i^ifr-^ cfu^nofl such public hearing, whether . sa^fety! and generalsria?eTf“r r^^sSr ir \hr S^=^^a'=n^°a"d, ^"p1>ro\V“"nVw =br^al^^ ormay be necessary to protect health, safety or g ORONO CC 271 (4-1-84) ^ ^ ^ a conditional -se par.o: conditional tse tertit to one vear as oay is rsqoi - C:^rrr.It t n -2 - w ^.. w — V. ^ ^ ;o crovide ti.oe tc a _ -1 w » » /*> V - o . • .«» w « n exes=3 ct r ot.tsrvise relocate in a tena wnere - —■m . ^ ^ ^ ♦ ti oa 2 ^ f- ^ 5 C vl r 3 3 2 *'iU n 1 w 1 p 3 — w w G 9 EffSCGiV9 D3t3*9-14--57 Sabd. L2. unlawful Act. _^It is un-awrui t condition of a conditional use pero.it. 0 violate any Source: City Code Effective Date: 4-1-34 SBC. 10.10. . ,.^eV{^ninrco-i-ion: 1o°°thrpu nose o? carryina out tae po'lioies a.-.c 90ala os tne land irnLr'%i?rftrioro=ii,n^^^ irHrin%^ii nr/ ^i'oivri^ds=jo%e-o-^\i 1-.J Sabd I. Public Hearings. No zoning ordinance or , * Line ^ 3 oubiic ne3C ino h3S b6-namendment cheteco snail be adopt.. -- ^ council. A held thereon by t.ne r.ne'hear i.na shall be published in the ,j,- ^ay o£ the (10) days not more t.nan --' y ..-anoes in district boundarieshearing, when an amendment inc-uaes changes notice shall be “■lld'no/"leVs“thii ‘tei® (fo) davs nor"'more “Ian thirty (30) days or“o\"^o" t\e d“ “/"the hearing « each owner nr oft'/; and property situated wnoily IC; ou^rnose of civing property to which the '’rKio *-o-‘ mailing the notice rtray mailed notice, t.ne person names and addresses of use any appropriate records ..o aet..rmi*.e •_ owners and owners. A copy of the notice the addresses to which the Jf ^ oart o^ records of the resoonsible person and shall be ^ , nnt’ce to individual proceedings. The failure to invalidate the property owners, /®/®f^de at-emot to comply with this proceedings, provided a bona tioe at- Subdivision has been made. Subd. 2. initiation of Amendments to the zoning ^ An amendment to the Zoning Chapter may be commission, of the Council, (2) a or ptoperty, the (3) by petition of the ownet(s) of *l’°‘'l"„"^L„§Ment not zoning of whicn is proposed to be cnan^geo. ,.,,Farred to the !nitilted by the ^S/d^v „Vt /r/ctad uponPlanning Commission for study ana reporw and me/ noc ue ORONO CC 272 (4-1-34) r ORCNC CITY CCUNC: ?C3LIC CC>LME:1T3 ccnti .muzc r3r2r--2£3 3i ... 2 i--- -;£zt ::jg hzlj a^ri- cc- ' — •• -a c _a -r.2 svsza _________________ -a-,---:: -- - = e -r.a Ir:r.; 5crir.= ar.c — --'2- -e ires ncr :r.iersranr whvFall c-aan-uc zays. ---------- ------ ••- r. --10 C-tv's phi-zscznv Z3 zr.a_ 2. a...---- --. ---- --• •_:^ -a*— —recr..e )res-.i."!!er .". ra.<e reiuse a -z* ^_T •V M " -5 a * * 3 Cave Pazarson szazac zr.az zr.a _=3-_=:..-- -or zhe Puolic '.■;orl< craws zc clean racusa cuz * —* •- . . _^^ ior me c^esn^uc orocir^rri.wh0 Citiv ir tih0r0 b ni^ne- ^sj- -.i- w . . - ZONING ADMINISTRATOR'S REPORT: (#3)ZONING FILE #1497-GERALD TOBERMAN 1960 SHORELINE DRIVE CONDITIONAL USE PERMIT-RESOLUTION 42953 Lmes Gilberz Azzornay fcr Mr. Tccerr.an, was prasenc. Bernhardson e.v.oiarned znaz a fi.nai drafz of z.oe agreernenz between Mr. Toberman acd zhe Cizy nas been praparea ana agreea uDor^v the parzres' azzor::«y.. :ie said, ••Council agreed zo granz*zhe Condizional Use Perniz under carzain raszriczions. T.ie lo^Luance of nautioal sales on tne property jjay occur^ prov.ced Zhe ooeration corumences bezween .-^pri^ ana v-v...ooa- o. a .c .0 full’/ operaziona- unzil A?ri.. agreed to sign a waiver of rignzs, wnic.n c’-izeria in the acreerr.enz is noz raaz. zne s.cnai-_c..a_ u.> shall be rsvo.-cea. ana -..e -.--e.-.. -v - - - - zoning." Bernhardson noted that a lezzar baen Crear and George Rovegno, wno were unaoie zc a- asking that this matter be tabled this evening. Jim Gilberz confir.mad that a tentative agree.ment has been reached between Zhe parties, basec on zne Cizv Attorney. He said, 'Mr. Barrett and ^ na. e ---e additional research on this issue. Maizner or us find any case law to support the City’s abi-i-y to for-.. business to remain open during certain perioas or case law referred to restriction of hours, and occasionally days, bar I do not believe the City has any lecai authority to force my client to be open during specified days and hours. As par^ of tM settlement of this matter. if Council approves the Conditional Use Permit, we will accept that as proposed and ri0got:iat.0d by myself and the City Attorney. Art Tourangeau asked what the hours of operation would be. Bernhardson responded, "The business must be open from 10:00 a.m. to 6:30 p.m. , at a mini.T.um, but may re.nain open unuil 3.0 - J - received from Dan :ezd tnis meetinc. CRCMC ciTV mezti.'io -;z - \ 3 V * ^ t, . • ^ — . }Z ZCMIMG O • • • • • "':3Z7:i.\.i :.:mt:;."cz r'— a a ■• 3“2~2- ~ ■i — .\^Z -- . _ a ■= .. a---- a -.. = --a5= j = e t;'.-i :r-=er-.- -.:-ar .i i i j a r. “ for four vears- ^jo*r «. — — es~abiisnea, prooer-V by -J •• - 5 a - •• — a ic ,nac zLr<e. ** j 3 r. 9 a r.ara i5 tinar l s — — • — - *3 3 ieaflire fare r.as ceer. r r .T» o r. r 303310ass 0000—--*- 1940 SZoraiin-a Dr.vs, rsicsraced Mr. .Rovegr.o ’s .eauesi to hVvV :-aacreV -.aoled ao tnat Oe could express nxs coo=e?ns to Councrl. Netties saxc. "s you k-.cx Nr. Rovepto xs very o,u=h opposed to toe v:'/, T fln also oDoosec rr ir. - ...a...wa_.. oa...c =- - Council last' reviewed tnis issue. .1 cxsoontinua.-.oe ot t.ni^^^ usa^^ Whether ^a" ■^"Vtancoclhr.- Rovegno and I shara t.de opinion tnar tne Ciry ooes noc have the auchoritv to grant what is in essence a use Variance. i ta...<ec autnoriu/ uu -,r -"-c; ’ssu®. and I cecar.s convincscwith several Counci.ne.'twero an . = Su.., an i^-or-e-'s that t.here may be some misinterpretation memo means that tiie City has no c.noics ou. .o v-an- • ^ODe....an a continued use Variance because '3c..e. ouat-s. -- is my opinion that the bind the C.ty oi Orono. discontinuing tnis this property. Mr. Crear and I property, but re that the property had j^Qprssentatives are now sayi.ng __ _ an involuntary basis, and t.nat is supposed to ma.-ce a The issue of involuntary is one of firs Ir. ws of In ocher States ic not necessari-.y fact, tne case for the City There nas ncc caen any uae of cne oroperty for five years. was no use of t.his Toberman iisagreed, stating used for meecings. Those .nat the use was discontinued on difference. whether the discontinued use was voluntary or irnoression, wnicn means sucn an issue 13 very str have lived near tne >cac2d last year cr.ac esentatives ^tr Mr. To ir“^^hic^d^rr r^Vsci-Tii^hW Detaining to t.he fact t.hat Mr. Toberman has made significant ffn^nJial investxment in this property, and t.hat it is therefore inequitable not to allow him to use the property, is one wnere 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. nnother issue raise , that of inv rse condemnation, wnich would require the City to pay Mr. Toberman because it is taking away part of tne use property. In order for Mr. Toberman to succeed with such a claL. he would have to show chat t.here is no reasonable use left. That is not t.he case, fh^re is a reasonaoie use left for this property. - 4 - ORCMC CITY CCUNCIL •■•IZTIMG HZ {i:;icNi:iG riLZ j_4i?.-.cz^.-.a^.. !?;"*.;u.:.Y..--':i" ='r.;^A /;•'«!: • - — •• — *• ___, ^ _ ----------; ^---- ^ -- --- -r.ir..-: -..a- .. - ------- ---------------- - ------- bVaVdeciaion 13 -.0 -:a-_ -..-.a-- ?r=cer-.y _caa.^;j:a^ acninc. It is che only ?---::,.^=® ::'f-;y ^ I.avarra tr.a_ - - ••-=- - - - -- - - -a-c -a opportuni-/ -- -- - - rssidemiiai. ” It was moved by Callanan. seconded by Mayor Peterson, to table this matter. Motion, Ayes-2. Goetten, ..aocour, an.- 3uu-e., Nay. Motion failed. Callahan stated that, in his opinitn. tne com-eroial -se of ^his oropertv was discontinued, and tnerafore, it snou-c rever bac? fo Rasiden.ial zoair.g. Callahan i=ub-.ed -.haz Cauncz vouza be able to revoke the Conci-.zor.al Usa ^ . h there is no ooeration on the premises. .-e saic, ^ uninic we w. that the Waiver of kichta, no matter how we-- rr.tenceo by Mi TobermL, wril be t-.eller.ted by any future owner or t.-.e orooerty." Jabbour asked Barrett if t.ne City would if the Cith Touncil voted to deny t-e Concitiona. Lse ?—mi-. "It 13 mv opinion mat tne applicant nas a interest i.n tn:s ousiness and permit _nBarrett replied, fnvrstment-;-The rasue of aoandonment, rs oared on the interpretation of the Ordinance and whether or not m can reasonably acolied to this particular circumstance so to -a^.. Iw.ir the property right to run t.he business. .My ccnc.usion is that if the Council were to find t.hat the use was voluntarily abandoned, then Mr. Toberman would have abandonee his prope«u/ riaht. If you find that it was not voluntarily aoanconec^, J-^nicn was the pr'emise of th» resolution, it seems reasonable i.nterpretation of t.ha . Orcinance requires ..lau permit that to remain in effect." Jabbour stated that, at their last meeting, Council naa conceptually aporoved the continued use or this property._ de questLned Whether the City's legal position would be ^eoparaized if Council now voted to deny the use. Barr-af replied, "No. Council gave conceptual approval at their last meeting. If new facts have bean introduced since t.hat time or if fac?s presented at the Public Hearing have^ oeen reconsidered, that now demonstrate t.he need result. Council may do that without premdicing the City. Jabbour asked Barrett to clarify how binding Mr. Toberman's - 5 - ORCNC CITY :ccmc:l meeting riELE a?r:^ :i.■ • J a ' fir' 5 • 2tr.3.“ uir3 LZ 114ZGBZZM^AN IZNTZ 'i'.’ZZ — ^ 3 I. *»* 3 — ^ — -^ -. — .« ^ • >.. — ^ B3rr3-~ r3C-i33r 'Tr.3 l3r.3 ls3 Zz33-i-3s ir. ’!ir.n3S3“3 aid in fac“ require, us re zi_e ^eneieiena- -oS ?er~ — j Che land. '.Je have else creviied cnac cne ::a_ver , ..n-un .ir. ^ "S •.vCU-3 Sir ., ' -j * -fc To uiisti sxisr.if sny sucs^rusriw pur'w.i3S3- -s on noiioe o ihe condiiion. It was moved by BuiisTf seconded by Goeiierif to aocpt Resolution #2953 r and^ accept tne changes that have bean made by the applicant's attorney. Motion, Ayes-5, Mayor Peterson, Callahan. Nay. Motion passed. (#4) ZONING FILE #1629-MCNUi.TY CONSTRUCTION 1700 FOX STREET VARIANCE James McNulty, Huq.h .Mac.Milian, Duncan Taylor. Attorney, were present. MacMillan,Jack Sernhardson stated that based on action take.n by Ccunci- at their April 8, 1991, meeting, a denial resolution is being presented for Council's review tnis evening. He notf^-d that the City Attorney's office had only a opportunity to review this resolution, and suggested tnat Council may wish to tao...e this matter. Mavor Paterson asked Jack Tay_or it .ne '.vou — c _ —.<0 ■—.unu —— table or oroceed with this applic_ticn. Taylor stated that his clients would prefer to proceed, and he aske*d for t.he opportunity to make a few brier stateme.nts. ^ He said, "There are t.hree factors I would ask Council to consider. ^ the City has adopted no poliwV wiwh respe^w -o lot coverace for a orincioal residence on lots exceeding two acres. As was the case in 1937, ar.d is still true toaay, t.hasa improvements '•jf. 1.d have been made to the principal structure. In 1987. Council 1.. find sufficient hardship to merit a~proval of the Variances requ^a-uced. I believe those hardships, set fo^-th in Resolution #2204, still exist today. Based on the 1937 apt^rovai, the applicant constructed the building in accordance with requirements and conditions. What we now have, .as applied this Variance, is a piece of p.roperty and improvements t.hat, 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 .lere have been no adverse consequences to t.he neighborhood. We feel these factors need to be considered by Council when they make their decision. - 6 - C? 'rl •'£ 'L'^-'^r.z T~Z~'- * * A Ian R. Nettles Darnel B. johnaon Eaiit T. Andifion. Jr.* jamaa M* Niui Cam* L Hna FjuI L Bohftsick, II *AIm WAMiai ia Flanaa \fEYBR, NJU5, ANDERSON. JOHNSON &. NETTLES, P. attorneys at L^'X' 5C0C .S'ORWEST C£.\T£A 90 SOUTH SEVENTH STREET M1.NNE.APOLIS. MINNESOTA 55-K32.4121 uOLDEN VALLf OFFICE; Ponduood Oft:c« *rk 4979 Clton Memorial Highway Goidan Valiev. Minncteca 5542 6I2/541-;55! Fax 612/541.9239 612/541.2181 FAX o12/)37-5894 May 9, 1991 Mr. Mark Barnhardson City Administrator City of Orono P. 0. Box 66 Crystal Bay, MN 55323 Re: Special Permit Application 1960 Shoreline Driv^ Dear Mr. Bernhardson: Encloaed herewith please find a copy of the recent decision by the Minnesota Court of Appeals, captioned State of Minnesota by Minneyolis Park Lovers, et al, v. City of Minneapolis. Ai~you know from our previous discussion, this recant decision by the Court of Appeals addresses issues very similar to those raised by the Orono City Council's recent decision regarding 1960 Shoreline Drive. Specifically, the Court of Appeals ruled that a Minneapolis City Ordinance had bee*' misinterpreted and misappl -j,d by the City in allowing a Lake Calhoun high rise project to proceed. Minneapolis City Ordinance provided that if there was discontinuance of the conditional use permit, for any reason, the conditional use permit would lapse. Additionally, the Court of Appeals annunciated that the standard review for actions by the City under the case was not the customary "arbitrary and capricious" scope c£ review, but rather the much broader scope of review that allowed the Court to internret the ordinance on its own. I believe that the State of Minnesota by Minneapolis park Lovers V. City of Mlnneaylis case~sets fbVth principals which both ~ control and make invalid the April 22, 1991 decision by the Orono City Council to grant the conditional use permit to 1960 Shorel .te Drive. Interestingly, that same conclusion was made and finds support in the March 8, 1990 memorandum to ms. Mabusth, Zoning Administrator, from Susan Pare-Shapiro, Assistant City Attorney wherein Me. Shapiro addressed Code Section 10.3 Subd. 5e whl;h provides: ~ • “ • • ” • * C* • ““ • • “ “ • ~ • Mr. Mark Bernariion May 9, 1991 Page Two "Whenever a lawful nonconforming use of a structure or land is discontinued and remains discontinued for a period of twelve (12) months, any future use of said structure or land shall be In conformity with the provisions of the Zoning Chapter," While the Orono Municipal Code does not say "for any reason" as did the Minneapolis code in the recent decision the Orono code is mandatory in its language that, "any future use of said structure or land shall be in conformity wTth the pro<Msions of the Zoning Chapter." The applicant in this case has admitted that there has been no business established within the meaning of the conditional use, but, rather, argued that because the lake was low, there was sufficient business impediment to cause a hardship and to produce an "involuntary" discontinuance. Applicant further cited law from other states. The City Attorney's memo indicated that no such case existed in Minnesota and that the law of other states might therefore be successfully i:sed by the applicant. In my opinion, this case changes that aspect of the deliberations made by the City Council in that a case has now been decided in Minnesota whicn, if anything, presents a much stror:gi;- argument for involuntary discontinuance than that which can made by the applicant in applicant for 1960 Shoreline, The reason is that, unlike the involuntary discontinuance argued by applicant, the applicant in the City of Minneapolis case was"prohibited from proceeding by a Court ordered injurction. it is clear that if a Court ordered injunction does not constitute an involuntary discontinuance or a hardship, the argument that the water level of Lake Minnetonka could do so is much weaksr. Nevertheless, the City’s resolution cites the watur level as a rationale of justification. The oounterpoint of the City's current position is to recorsider the granting of the conditional use perniit for 1960 Shoreline Drive and to deny s.<me on the basis of this recent decision and the plain meaning interpretation of City Ordinance 10.3, Suhd. Se. As a former City official and an attorney, it Is my opinion that the City would be on far mor^ defensible ground were it to deny the conditional use permi; light of this case and in light of its ordinance than it v d be to adopt an interpretation that has so recently been consi^’ered and declt"’‘ed erroneous by the Court of Appeals, in terms of expenditure of legal fees, this could make a significant legal difference to the City, The scope, of appeal on a denial of this • ^ition^-i use permit at 1960 ‘>horel,ne Drive would place the ".v in the position of only having to defend whether its . "arbitrary and capricious" rather than whether of the ordinance was in error. i W 4. lo" was in i'erpretat ion . OT*. 2 ’ ? 1 1 ~ ‘'-t r= • ■ Mr. Mark 3ecnh^cizon May 9, 1991 Page Three Mark^ as you know, 1 enjoyed serving the City and do not wish to be at odds with the City or this Council, however, it is my opinion that what the City Council has done here is illegal and without authority. It directly affects my property and that of my neighbors. It further delays the return of this property to residential zoning* The Court of Appeals seems to agree with the position that I stated before the Council on April 22, 1991. I believe it would be appropriate for Council to reconsider its decision in light of this new development in Minnesota law and ^o deny that position which was the unanimous decision of the City Council in the Spring of 1990. Please provide a copy of this letter and of the decision of the Court of Appeals and advise. Sincerely^ MEYER,r^JOHNSON & NETTLES, P.A. ■MA. Or ■?! If:-'?' "’E: : = _«z “ • NCxiCS; icn JiHD C0lZ^2El APS PP.CKUiTS :>^CNG THIS CPINIOM CR CRZEP. ?U3UC PRICR TO# APPSAfllNG aSLOW ____TrJT‘T?50R^*t5S^'^??5ft&*7' C9-90-20S5 H«nn*pin County Forsberg, Judga St«t« of Minnesota, by MiniMapolis Park Lovara, at al«/ Appallants vs. City o£ MinnaapoliJ, Raspondant Laka Calhoun Aaaociatas, an llXinoia ganaral partnarahlp, Raspondant Thomas H. Goodman Rathlaan A. Connslly Siagal/ Brill/ Graupnar & Duffy, P.A. Suita 1350 100 Washington Square Minnaapolia, MM 55401 Robart J. Alfton Minnaapolis City Attomay Michaal T. Norton Assistant City Attomay A-1700 Hannapin Co. Govammant Center 300 South Sixth Straat MinnaapoliS/ MM 55487 Linda L. Holstain Christophar K. Sandbarg Oppasnan/ Rains 6 Paquin 2200 Washington Sqnara 100 Washington Avanua South Minnaapolis, MN SS401 Saymour J. Mansfiald Eric T. Cooparstain Mansfiald ft Taniek 620 National City Bank Bldg. 510 Karquatta Avanua Minnaapolis, MN 55402 Professor Ann M. Burkhart Univarsity of Mizmasota Law School 229 19th Avanua South Minnaapolis, MN S5455 (Attorneys for Amici Curiae E.L.B.C.T., at al.) Piled April 23, 1991 Office of Appellate Courts —. ^ t_—’ • * SYLLABUS 1. When a city council interprets an existing ordinance and apoliaa it to the facts, a district court should apply a de ncvo Standard of raviaw. 2. Tha City council erred in determining tha conditional usa pamit ramained valid. Revarsed. Considarad and decided by Forsberg, Presiding Juuge, Parker, Judge, and Amundson, Judge. 0 P I N 0 N F0RS8BRG, Judge Appellant Minneapolis Park Lovers brought an action to anjoin respondent City of Minneapolis (the City) from issuing a permit authorizing respondent Lake Calhoun Associates to construct a high-rise, residential building near Lake Calhoun in Minneapolis. Lake Calhoun Associates moved to dismiss tha complaint for failure to state a claim upon which relief can be granted, and Minneapolis Park Lovers moved for summary judgment. The district court determined the City council's actions were not unreasonable, and therefore the conditional use permit remained valid. The court granted Lake Calhoun Associates' motion to dismiss and denied Minneapolis Park Lovers' sxunmary judgment motion. We reverse. r' * *■ ■'Ill' .“'9 ’91 If: *'E ?!*•*.*.? r -r• • FACTS In 1981, Lake Calhoun Associates (L.C.A.)^ began the process of developing a major residential housing project2 on a parcel of real estate (the site) it owned near Lake Calhoun in MinneapoUe. On January 25, 1985, the City council granted a conddtional use permit for the project. On January 10, 1986, the City's toning administrator advised L.C.A. its conditional use permit would hot expire if L.C.A. obtained a street use penait, submitted an application for a building permit, and included preliminary site plans. On January 14, L.C.A. obtained a street use permit. On January 22, the zoning administrator approved the building permit and site plans, and determined the conditional use permit would remain effective for one year from the date of its issuance. L.C.A. proceeded to develop final plans for City approval. In April 1986, the City issued an excavation parmit. In July, City staff approved the final plans. On October 22, L.C.A. obtained a foundation and piling permit, and some underground pilings were driven at the sire. In December, the mayor and City council approved the redevelopment site plan. 1 L C A. is the successor to the site's previous and weuld-be developer during the early 1980 's, United Oevelopsent S^Sfn?^ LT2:SrSn^^nit.d will be^ referred to collectively as li • C • 2. The project consists of three buildings, 30 stories, 25 stories and containing 560 residantiai units. high rise condominium 20 stories in height, - 3 - 09 -91 If:-'• - », I • * ^ Fttrch«r work was not undertaken because an adjacent landowner obtained a temporary injunction preventing any conetruetion interfering with certain easenenta. In February 1987/ the City, through the Minneapolis Conwunity DavrLopment Agency (M.C.D.A.)r sought to take the easements through eminent doaaia. The district court rejected the City's attempt to condemn the easements in August 1987. The easement litigation has since been resolved. la June 1988, L.C.A. sold the site property to Li.ncoln pjjop®3pty (liincoln) • Lincoln and L.C.A. proposed a joint venture consisting of two towers to accommodate the easements. On July 12, 1988, the soning administrator, pursuant to an opinion of City's planning department, advised L.C.A. and Lincoln that plan was acceptable without further concept review. Xn February 1989, Lincoln defaulted on the contract for deed and the property reverted to L.C.A., which decided to develop the site itself. On April 12, 1989, the loning administrator advised L.C.A. the cenditionsl use permit was no longer valid because it failed to establish the conditional use. L.C.A. appealed this '-.ecision to the City council, which held public hearings considering the validity of the conditional use permit. The City council, by a 10-3 majority, held the previously approved conditional use permit remained valid. However, their approval was conditioned on L.C.A. filing proper plans with the Oity. City staff reviewed the new plans and determined they - 4 - Via. 0? •?! 15:a" -ir r=.n;.:** — * * conpliad with the term tt the original oonditionai use pemit. Based on this detem.in.tien, the 1985 conditional use 'perait 2T9iba1s4<1 in full fores dnet sffsc*** IB OctobBr 1989, Minn«apolia ?ark Lovers (M.P.L.S.)^ sued to .top construction of the project. The City answered, while L.C.A. moved to dismiss the complaint for failure to state a claim upon which relief can be granted. M.P.L-S. made a croee-motlon for summary judgment on count II of its complaint, concerning the expiration of the conditional use permit. Since the district court considered matters outside the pleadings, L.C.A.'s motion was treated as a motion for summary judgment pursuant to Minn. R. Civ. P. 12.02. The district court denied M.P.L.S.'s motion for summary judgment and granted L.C.A.'s motion to dismiss the complaint. M.P.L.S. appeals from the judgment entered in favor of L.C.A, and the City. ISSUES 1. Did the district court err by not reviewing the decision of the City council de novo, where the City council interpreted an eaisting ordinance and applied it to the facts? 2. Did the City council err in determining the conditional use permit remained valid? M s T. s 1s a nonprofit corporation which was formed «« fn.ppropr Ute developBient. V - 5 - ANALYSIS On appeal from summary judgment, the appellate court deteOTinea whether there are any genuine issues of aatariai fact, and whether the trial court erred in its application or the law. Hubred v. Control Data Corp^, 442 N.W.2d 308, 310 (Mixm. 1989). 1, The district court properly had jurisdiction to review the City council's decision. Minn. Stat. S 462.361, sutod. 1 (1988), provides* Anv person aggrieved by an ordinance, rule, regulation, division or order of a governing body or board of adjustments and acting pursuant to sections 462.331 ana 482.364 ®«y have such ordinance, recuiation, decision or order, reviewed by an SJptopriate remedy in the district court. # « • Th« quMtion pM.«nt«d hats is what is th# ptopar standard of review under this statute. _ The district court applied the following stfendard, which is applicable to review of all toning mattars* whether the toning authority's reasonable • * *. Is there a 'reasonable basis' for the decision? or is the decision 'unreasonable, arbitrary or capricious . or ia the decision 'reasonably debatable ? ywaneon v. City Bloomington, 421 N.W.2d 307, 311 (Minn. 1988) (quoting Bonn v. City of Coon Rapids, 313 N.M.2d 409, 417 (Mian. 1981)). «• believa the district court misunderstood the scope of the question before it. The issue did not involve a toning matter, - 6 - MA'I r ' r 1 1 “ • - r ’’Z Z- but ranhut th. Intarpretacion of au ordinance. The proper standard of review of a city-a interpretation of an existing ordinance 1. a question of law for the court. S22 Fsankls _ _ __ dales. T-- V Kca.viU^> «5 (Minn. 1980). cases restricting the district court's review of a city's decision to a deteralnatlon of whether it was •arbitrary and capricious- involve fact-finding or pollcy-naking powers, and therefore do not control in this ease. Sej, m.9 Mann v. ritv of Coon Rapids, 313 N.W.2d at 416-17. «he City council deterained, an<jer exis^tng Ctcy ordi,n«"g9?.' the conditional use pemit issued to L.C.A. had not expired. The district court erred by not reviewing the actions of the City council do novo. Therefore, .M.P.L.S.'s eonplaint nust be r«in*tat«d. a. Since the City council's interpretation of the zoning code is not binding on this court, we undertake independent review. new.lt v. Cj'T App. 198S), net, for lev. denied ( -nn. Sept. 26, 198S). The City council determined the 1985 conditional use permit issued to l.C.A. did not expire. However, n.f.L.S. argues the conditional uso permit lapsed under each of three City ordinances containing one year expiration or invalidation provtaions for such pornlts. Those include: A- MiimeopoliSs Minn.f Code of Ordinances S 522.160 (1976), which provtdos a conditional use permit: - 7 - !< •m .3r -=i if:-f •£■ shall become null and void unless work thereon i g underlay within cne year o£ the issuance of sucF* permit by the zoning administrator• (Eznoiiaa is addad.) B. Minneapolis, Minn., Code of ordinances S 534.410 (1988), whicl provides: In anv case where a conditional use has not been established within one year after the 4ate of granting thereof, then further action by the conrmission, or the city council, the conditional use or authorization shall be null and void . (Emphasis added.) C. Minneapolis, Minn • f Code of Ordinances 5 522.170 (1975), which provides: A conditional use permit shall be deemed to authorise only one particular conditional use and shall expire if the conditional use shall eaaae for more than one year for anv reason. (Emphasis added.) was underway within one year of the issuance of the conditional use permit, as required by section 522.160, and whether a use was -established- within one year, as required by section 534.410, need not be considered in this case. Wo conclude the conditional use permit expired under section 522.170, because the conditional use, even if established, ceased for more than one year issued a conditional use permit to L.C.A. on January 25, 1985. Construction could not commence until issues relating to the easements were resolved. Litigation ensued in 1987 and was - a - , , , .,-^,-1 iQfl^ Sv-=n if the use for the sits wasnot conciudad unti* -yo^. -^-u -- "escaJjlishsd,- for at least several years, no use was made of the This brings the case well within the purview of section 522.170. ^ The reasons for cassation of the use are irrelevant .^ect. on 522.170 clearly provides a conditional usa perait shall expire if the conditional use ceases for more than one year 'for any rea*m.' We find no exception to t.ha rule which provides tolling the one-yeer iiinlt for purposes of litigation. Public policy considerations also mandate our conclusion that the conditional use permit expired. Requiring a new application for a conditional use permit allow, the City and the public to review the new application based on updated Information and under current conditions. To hold otherwise would frustrate the purpose of time limitations in the ordinances. If a developer's conditional use permit expires, it must apply ior a new conditional use permit under the presently existing conditions. As a matter of law, the conditional use permit issued by the City to L.C.A. in 1985 expired and is no longer valid. Me order summary Judgment on count II of the complaint, concerning the •xplration of conditional use pertnit. decision Tho district court orrad in applying a raaaonabianaaa standard to tho daciaion o£ the City council. The court should have undortaken a da novo raview to determine whether the conditional use permit expired.It was therefore error to dismiss the - 9 - eonplai.n't in its •ntiraty, and tha complaint must be reinstated, hold tha conditional use parmit isauad by tha City to L.C.A. bacausa tha conditional use caasad for mora than ona yaar. Wa tharefore grant s\uninary judgmant on count II of tha complaint. “sasriSCmSSmmi^ItiirkfcAggM^ 41 MV .(ft t»M WbMH '-it* r>g appeals HiilOHilff-------------- UNfOTUSHi^ cuumaM ’•t>AU» *> ^ i ■ KA014I tfU. MMlIi wticb daltwiM ?* *julpMBi of 25j^fer^55E^==;i AMMl» #l»-- •■ (<•'"“ »"'•• ■^mQiK lot tMt **'^®*A, ,1^ dtiulcl COUXt fttfttl t.HplJSi Swinnaw*. "1^ ‘J* ®J[[S»5« baiii tor [^tnii Cow4.^y CxHjnty of lllfirti R<«pnnJ«nt» v». App*ll»n<»- Sco« A. H«rt*y um\ti C<juft»y Atwmay Anlittnt Coiirtcy At*OfT\^ £7 Soathw«« second A vmu ^ C»mWd6«- Mlnn«iO« 55008 lohfiO.W«mcK j40Cid*rStTMt.»i li st. ?iui,Minfl«o*« 55101 Peter f.OrllM dWWchflald^^iB^W';;* 6615 Av«nu# South mcnfldld. Minnwott 55*2^ FlI«dM«y 7,1981 Oillo 0* AppltUl* CoufW ,a^ ^nia^imoS^M eourttlei to wmmw ,„lg ^i!!dD»VM.lKl««- PAlUCllk. Jud*. (Hoa. Ro0«t D*nl«». r ACT5 (&?«.•. WaaftUw. ,^r'. t-^ •-'^■5 -*•‘0^2 a It'D 3i-i. 00; 9'aC3 ^and (tom tP<M to i97(. Th« t'A^ 4«t$hbe(» rerntnibcreu »(.i iTQwiag Oft tho proporty- Durint tfM b«Mh U'lal. Ih«.-Jdg« iaifiaily tMtoP inat :ppet!ac:i bow th# bUtdon of proving camiauity. AJ tho «;«• 51 aviiir.ca. hownvor. ho (U(«a h« w«t not cenam who bcr« !£« of proof. Tta# (fill eeun conci Jdtd the noneon^rmint um ha-i been <Vs>i:v diiceniinvoei hac«use no soucxres weMsicrsd OQ tr.9 prop«r!> from tppcoxifflaitly l9Ti 'JO 1993; he alMoohcJuded che um tvai sben* dOfMd By immoteodbint hb Mplllned hjs ^oaiyua of ihe curden* of-proof problen; piscomiiuation of iha nonccnforming ui< corkidnupd prlAi fict« ivldboce of ieient lo abenOon, which ippel' laots fuled to nfcuc. The iciil court crOered appellants to cstse aiorlDghOuKf oa tba proporty. Ap^lana failM to nova for a saw triij. On appeal thev allege the tnal oourr eaed by deiarminiAt *1X1 Otsoommuance of Aonconfonning yMn created a rtbsinabit praiuntpiion of intern to abaodoa the nocodoformiog uie. ind by placiog on them the borCcs Of proving that tha oonoonformthg um waa oootitujo'js. USUBS 1. Doaa dlieOttlnuaoce for longer than on* ,ear laniiaaie tnc rrght to I noAMiubrmtnB vo«7 i. D om non>u» foriooger than one year cresta l fObuttible pfaiumpiion of laeni to abandon a noooonfonning DISCUSSION Be&iuae app*llam hai fUled to move for a new trial, iha only (]twstloiu for revlfw u* wlMthcr (ha avtdcnce atutaini it» f>.dlag| of fact and wheihar the flodlRfi luwom the conclusions of law and Iba judguNSt. OtlMSiiagM r. LAiwd , 310 Minn. «34, 438, 248 N.w.2d S6S, 560 (1976). NavefiiMi««, t]ttaaiioni of law may be eosiMared dospt 'dthe aboence of a moiiOfl tot a new uial. Schmidt V. SI. Stal Fir* 4M«rl0* liu. Co., N.W.Sd 237,239 (Mian. App. IMS). Interoreution of a eoning otdiAanc* ii a qucition of law, ravtawed iaspecdenily oo appeal. Trtak'f Nureary Saiaa, lAC. V, CUy of Koaavilk. 295 N.W.2d 60a (Mirm. 1980). I Appellaotl aegUAthli a nonconfbrminguse may t» tannieated by atMOdOAiMfit, but ooi by owa dlsoontinuanc*. Miiui. Sim. | aubd. 1 (1990), provides that a nonocn* fbnaiiy la reminaMd If ll U *diaoeailnu*(i for a pwtod of more than (IMO). Tbo Inmi CouBy Zootiig Otdtaadca ptovkksi Is thaaveot Iw a Doo^odforminguMof aay buiidiag Of piaauaaa U dlicoadoued or iia aotmtl openoon novpad fbr gpuiod of ona f I) year, tha Ilia of lb uac i&mI ibatMfiir conform lo idb regu Uiion of dli trict InwhJdiliDlocatad. tsacii Omniy Zooiag Ordiaaoce glA Subd. 5(1) (1962). Tha fundaiBiSiai aim of an appellate oowt oodtiruing aitMuMiaie«aoerTainan<f|ivee(featoihe KgUlaU'.'e lotcm. Cottoir of Baanatin r. ClD of HopU». 239 Miim. 357,362,58 N.W.ld |ll, Md (19S3). to re Copeland, 4S0 N.W.2d 509,506 (Mian. Am. 1990). pet. for rev. daala4(MtB(i. July 31.199A. *No room judicial cDorruC' to Mitoia wfwo il» itaiuie ipeaka tot liiMf.* Coaininafoner of Mmoo V. WcliaillaM. 502 N.W.2d 23.26 (Mian. 1961) Mwidpal otAotnoes are drafUd lo Mniu of 'diifiominuance,* fatharthao 'atodoimant,* toa««ld tha naoiMinr of provicg imem to atoto a nooccMbmiing uae. 6A E. MeOiul..ii. Tha Uw of Miifdlpal CoppoMliOM f25.199 (3d ed. l9M; AoMiation. EoM Bt|hl to NMuma Noaeoafbnnlag U m of V^mto aAer VobtiMn or CfaaiMlalMd Mnokla Ibo Coatl* oolty of lUeacoa. toolRf V m. 57 AlJI.9d 279.13 (1974). Ihe ce«ra of moa« Mama Imarpret 'OiaoeAtlnuanca* «o otMo ^Mandoomcm* la thttcomaxt. fd^ t AndarMa,AmarlaaLa* of "•lat 16.66 (M*A 1066). Uow*v«r,s 'growianmiooniy'ofauia court! apply dlietonuanM provialoni aecMwag to ihoir plain | ntaaaing. Hartley v. City of ColerWa Sprtnga.764 P.2d i2l0. ! i FcvANCtt.y.vD Co M^rERCl CouftT OF ArrF.'ttjtomox ;224>23 rColo :9SS). seo E»cx Laaa* lag v. 2ealng Bd. Cf Appeata. 2C6 Conn. S95. 539 A.2d !0i ('.98S) (wbera sapatBia tcrrioaiton □roviiic.'U existed fsr 'ceaaaiion'' and ’’abaadonmcacl; Saniett V. Board of Appeaia, 23 Maw. App. Cr. 66*. SOS N.E 2d 193 (1967) (enabi Ing staruta allowed lerroioacgn of aoiiconfmming UI4S ‘abaadonad or aet used* for two yaars); Town of BnttitoB y. Grtffln, 146 V(. 264,532 A.2d 1292 69*7) Both Minn. Star. 9394 36 ino Mcnoo 16 of me laann County Zoning Ordliuoca claarly otate that dlseoniinuatloa of a noneon- fomung u(c fbr one year raulu in ieiminatlon of that UM. Thli eeurt cannot amend these uaambiguous proviiioni by placing upon coun- daa tha burdaa of havlog to piovo Uiai a iandowoer intended to abandon a dlaoooriauad nonconlbrating use. Coamiy » appetlanu' potion, our case law does not roquiff proof of ibandonaem. Su Hooper t. City ofSt. Pan), 353 N.W,2d 136, le^* (Mien. 19|4) (noncoofbrmiag uses nay continue until .nmoved or otherwise dlicontiaued). The mat court properly oon* eluded thatfppallinti* right toooniinuerbenonasft/ormmgiMiiww temsinared by raaten of Ita dlscootluuanup. —■ n Tae (rial cotuT aiio bOAdudad that aB0eil1r.11 obondooed the ooaconforming uaa. Pollowlog City or Mlnoi v. Flaiier, 212 N.W.20 837 (N.0.1975). tha trial cam determined that appeilanri' disoooilautince of the nooconfermihg uae aeeied • preaumption of iaicnt to abandon whiclt appeilams Ailed to rebut. Appellant! afgua that the trial court eaed in recognizing a preaumpticn of Intant 10 abandon. We disagree. Ahandenmant ordmonly cmaila rwo factors: (1) Intent to ab0A« too, and (2) an a% i.'; act or Allure to act indicating the owner no • rght to (he noiKOOfornung use. 8A .VfcOulliin at In City of .Minot a notmary's nonconforming uae waa diacca- tioued fbr longer than tha ippileabia one-year tenr.i nation ordinance becauae of flood and 10 infibllliy 10 find • new tenant. The North Dakota Suprataa Cotm daNnalto that a prMumpiion of intern (o abandon arlsca upon expiration of the applIeaMa lanBlUilon period unloM casMAon of the uae ii beyond the eontrol of the propwty owner. City of Minot, 212 N.W.2d at 841. Thiooiot held that tha aooconfbminc use could continue boeauM ceoiMloii woa teyond the control of the mortuary Id. The requlremam of Intent to abandon la the molt lin- " poiini obatruciiuo to municipal awempta to larminaia QonaonfbreUng uica which have bem dormant fOr a period of tine. 1 Andanoa. |6,66. Where a (mwoniOrming um has bean dormant for lonear tlM one year, • piatumprion of intent to abandon la proper. It loailoraiN tba munielpailiy's aMtrt burden of having » prtsve afflnnatlvtly iti oppoaeitt'a Iniem. Tha landowner la B«o to pre^ ill evtdaaoa that ha lONOdad 10 cootlnue the uaa or that omm- '.Ion wu bayood hla eontroL Other iitiaa hiv*adopted this ru!a.See Merdi V. Beeheo, 689 S.W.2d 39 (Ky* AmTiW); WlllUma v. Sniam Tawosblp. 92 Pa. Cnwllh 634,500 A.34 935 (I9t5X app- den. (Pa. Aug. 24.19^. The trial eoun dtnmined that wpeiiami failed to pmtot any credible avldanc* that may intended to continue the me or ihai iu ceaaailon wM beyond (heir control. He fbuodeiplculhiral UMOfihe land to be M oven ici damonatraemg abandonmeni of the noncoo* forming uM. The trial eeurt gonduded the um wm ibandcncd. TM« cooclualon if luppenad by the evidence and by the trial eourt'a flndlnfi. Aopeilanu itgue ihat rha vial court Impeitniaaibiy placed the burden of proof on them. TWa wgumant miMhincicrtMa a prelimi nary dtscuulon by the trial cowf. The trial oourt'i memofanduffi demoftStratei that appcilama were net inappropriately btndened. 0 e C 18 10 N Tba trial court conectly determined that appellant! (briblied iha right of nooccnforming use by discontinuing it for longer than one ytir. AHlrmed. -J —v —“1 • ^ n ’ ‘ I!o n I A M A \ 240OO**l I 2 00 SCh(*»T|KStM $TliI|V OCtavCa C0LC«*00 80202 TC lC«»mon ( 303-881 '200 rCLCCO^illi JO) S9J 2194 3 • -< •< O n M . -fc K A c. » M A N PjTfiQ.fOV.^'' ^ MlNNtA»*OC-> 4IOOCknT«u1^^ina«nC!*l C(HfC» 100S.E SCCONC 9r*f K* MlAMt.Fi.oaiO* JJ1J1 TttCaMO**! J05 530 0090 TtLtCO^iKa 309 530 0055 Thomas J. B aw «CT1. Eso, DinccT Dial {612) 334-2676 1 300 I S T a 11 r N , tV 5i> 500 t * »’ %M iniG t ON □ C 20005 TiiiaMtjNt 202 962 8700 Tikicca cn 202 962 0799 May 15, 1991 Mr. James H. Gilbert Meshbesher & Spence, Ltd. 1616 Park Avenue Minneapolis, MN 55404 RE 1960 Shoreline Drive Dear Mr. Gilbert: The City Council has asked me to inform you that it will determine whether to reconsider the issuance of the amended Conditional Use Permit to Mr. Toberman for the property at 1960 Shoreline. The interest in reconsideration comes from .wo attached recent Court of Appeals cases, one interpreting the City of Minneapolis Conditional Use Permit and the other interpreting Minn. Stat. 394.36, subd. 1 and an Isanti County Zoning Ordinance with respect to discontinuance of non-conforming uses. Mr. Alan Nettles, a neighboring property owner, has challenged the legality of the City’s amended use permit in this case. I attach his leuter to the City Administrator. The Council has asked me to provide my own opinion to them on the legality of its recent decision. I would appreciate your comments on these cases before I do so. I must, however, ask you to provide this reaction by May 22, as my opinion will be due by the 23rd of May. Sincerely, ip ThbmaCs-^. Barrett Enc: Attachments CC: Mark Bernhardson(w/o attach.) ZTJB507 i-'V KeNMffTII MCilfBEtlfCri • ROVALD I. nU«9VLL M ‘triTMCr • jAMfve M <5ft®»TiT» w CLIFFOPC' MIEWIt a JOURinv*** Ja CE >iQaD9V PAUL V wmiOiTftOM PATmCK K UOItAR , " . r r I •- c;« M II H H i:n K w >. sPK>:«'r: ltd i**i . Ta r<U AX r;;i L MiyVf! APOL»‘f Ml VMC A \ it4 'Oi Ji f • V ,i j !•, PC^l^ TO M I \ N r. A >jf)» »fc; i*A ^•l^L .* o«>i' »tli Ma I'L C ‘^NYOCR* .»A .'\ t s A w F I L N* E rr J'.HN »- 9ltC.LII1 L» NAWt>ALL O AFCAt c MOWAWn I AACfe danicl c . 1*1 t,mxi : ho vl K I ^• r ................ Ka TMPI9TMF m rtOM fOHK r liUnrp •Alio AOAimn rn p«actic » im wimomcim • ••ALto ASMifTan tt% m9ACtirn ttt wfAAtxirais m •*••*« m ««*■<*▼•May 21. 1^91 Thomaa J. Barrett POPHAM. HAIK, SCHNOBRICH 3300 Piper Jaffray Tower 22^ South Ninth Street Minneapolis, MN 55402 & KAUFMAi;, LTD. Ra:Smith's Bay Marina Conditional Us# PerT.! c/'Var iance 1960 Shoreline Drive, Orotiu Our Pile No. 28/23825 Dear Tom: 1 acknowledge receipt o£ your letter oC May 15, 1991. First of all« I object to Mr. Nettles again trying to get this back on the City Council agenda. As I understand it, none o£ the council members who voted for this proposal liave asked that it be reconsi- deredf it was just the ones who voted against the proposal. I do not think It Is procedurally proper to again reconsider it. This further delay has only caused more confusion out in the marketplace as to what r.v' client can or cannot do with his pro* porty. 1 would euruise that Mr. Nettles may have a hidden agenoa to cause those delays by threatening litigation. I would also point out that Mr. Nettle#, in his May 9, 1991 letter to Mr. Bernhardson, states, "It directly affects my pro perty and that of my neighbors. It further delays the return of this property to residential zoning." If you will recall, Mr. Nettles voted against this proposal at least twice while he was on the council and only disqualified himself for a conflict of inter est on the last vote. From my recollect lot: of the facta, he was the one who started this whole issue relating to my client's pro perty. He should have disqualified himself from any consideration while he served on the City Council because of this admitted conflict of interest. ^T. PA.VL OFFICII: RilOO W0S4i.n TflAnF r.PVTCn Fi^UL. AIN” nniCil M r: .s n r H i. H :.t" Thomas J. Barrsr.•. May 21, 1991 Page Two_ _ _ _ _ _ _ Aa you raquaec<ac1, I will conur.ant on the April 17, 1991 case of State of Minne60<-a by Mxnnoapoiio Park Park Lovers, ot al V. City of Minneapolis and Lake Calhoon Associates, Minn. Ct. App. C9-Vu-2055, that Mr. Nettles referred toT Tlie CoTTney of Isanti v. Mary Ann Peterson case, which was a case decided after the case jlr. Nettles referred to the City Council, also supports our posi tion. That case was filed on Hay 7, 1991, court file C0-90-25QQ. First of all, in regard to the Lake Calhoun Associates case, the City of Minneapolis orJi fiance is different front Ocono's. It provides for a termination of a conditional use permit on a lapse of use "for any reason", as Mr. Nettles points out. Addi L ion.nl ly, the reason the property was not used was because the property Owner did not have legal eight to use the property without first obtaining the easements from other third parties. The easement issue was litigated for over two years, and the property was not put to any use because the property owner did not have a legal right to us«> the property. In cofftrast to that case, Smith's Bay did have Uh* legal right to use the property and did not need any other third party's permission. More Importantly, Mr. Nettles misstates the record concerning my client's use of his property. My client did use tlie property for some purposes in conformity with, his conditional use. He obtained a building permit from Orono, remodeled and improved the property (investing $00,000), and had some commercial use also. However, because of the depressed state of the marina-related business on Lake Minnetonka, he could not put his property to full utilization. When I appeared in front of the council, I mentioned that to Mr. Nettles and )ie was of tlie opinion that a minor use was not sufficient. I think he is wrong on that point too. Tlie leant 1 County case is more directly In point and supports the theory ot involuntary disconLinuance that we relayed to the City Council. In that case, there was a finding by the trial court of discontinued use covering an 11-year span. The court did uphold the finding of termination by reason of discontinuance under those facts. In so holding, the court stated as follows: "Where a nonconforming use has bean dormant for longer than one year, a presumption of Intent to abandon is proper. It ameliorates the muni cipality's severe burden of having to prove \ i It I' 1. H I IV V, -if'LNi’l. I 111 Thoxas 3. Barrett May 21, 1991 Page Three_ _ _ _ _ int^int. 'n»*i laed-affirmatively Its opponent 3 _ owner le free to present evidence that h.e in- Landed Lo continue to ago or that cessatTon was beyond his control, other states have adopted■yond nis control. otner aracee nave aaupiiewt tie rule. See Martin v. Beehan, 6^9 $.W.2U 29 (ky. App. 1983); ylIllaxs v. Salem Township, 92 Pa. Crawlth. 634, tou A.2J 933 (1983), app. den. (Pa. Aug. 24, 1907). The trial court determined that appellants failed to preaent any credible evidence that they intended to continue the use or that Its ceaeatloii was beyond their control." (emphasis added) In so ruling, the Mimies*ota Appellate Court cited the Ci ty of Minot case, 212 N.W.2J Q41, which I cited to the City Council, and quoted that case as follows: "The North Dakota Supreme Court determined that a presumption of intent to abandon arises upon expiration of the applicable termination period unless cessation of the use is beyond the con trol of the property owner. City of Minot, 212 N.W.2d at 041. T>ie court held that the noncon forming use could continue because cessation was beyond the control of the mortuary." Accordingly# I believe that the Minnesota Appellate Court this Issue two weeks after the case Mr. Nettles cites to the City Council. In the Isanti case, the court clearly opened the door Cor a landowner such as my client to present evidence that he intended to continue the use or that its cessation was beyond his control. Ws presented ample evidence of the depressed state of the marliia—related market in the Lake Minnetonka area as the sole reason for his decreased use and his problem in renting or using this facility. In the Isanti case, the appellants failed to present any credible evidence that they intended to continue the use or that Its cessation was beyond their control. Just the opposite again was present in this case in front of the Orono City Counci1. I am sure that after you review these cases, you will concur with our arguments and the Supreme Court 's reasoning in the i- I - < H M L‘ s !i L' H < pt: r' (' n, i. r i.> Thomas J. Barrett May 21, 1991 Page Four Voura truly. MESliBESMLR U ai’ENCE f 'PT'^Lf 4. Ly • JHG/nj cc: Mr. Gerald Tobermar. (w,er._.} TO: FROM; DATE: 51~91.1 Mayor and City Council » \ Mark E. Bernhardson, City Adininistrac May 17, 1991 SUBJECT: City Facilities Attachment: A. City Facilities Memo Catad 5 ^ 91 B. Cost of Interest C. Draft Article From the Council A' % (Memo Only) ISSUE - 1, Set a workshop for Council (and Facilties Committee and Planning Commission if appropriate) to review the issues of size and financing methods. 2. Present further information related to financing of facilities . A. Cost of interest rate differentials B. Recap of options 1, Present information regarding the future of the current Crystal Bay site. 4. Determine what commun ications Council desires to have to the community at this stage and future stages. 5. Determine schedule for public information meetings and hearings. DISCUSSION - 1. Review of building specif^ factors - As noted last time decT^l*oTrs “eed to be made regarding building size, its arrangement design in order that the architect can complete work regarding schematic design and begin construction designs. (If Council desires they can continue the process first with Public Works and lag with the City Hall.) 2. Financing - A.) As noted in Attachment B the cost of the facility by the 1 % change in the interest rate can amount to a a cost over the life of bonds of $370,000 additional. As noted the rates have changed this much in 8 months time period. Currently rates are at their low point and a substantial delay for a referendum either by preparing information (3 month delay or statutory requirements that may delay it to November or 92 could substantially increase the cost of the facility.) B.) Option Primary Options Include: I L •Separate Consideration A. Post Office B. council Chambers 2. Balance of Property A. Park land (Possible closing of 1-2 streets) B. Single family lots (2-3 unless zoning altered) Staff is currently having the property deeds reviewed to determine what limitations, if any, exist to prohibit either of those uses. Council Chambers - As for the current Council Chambers the CounciT may determine if there is another group who may desire to take over ownership of the facility or if the City would have another use for the facility. Post Office - It is our understanding at the present time that the longest lease the City could give the Post Office would be for 5—10 years for $450.00 per month. A longterm lease could assist in keeping the Post Office open here on a longer term basis. Regardless of what happens to the Post Office, it should be appropiately hooked to the sewer line and that would cost approximately $2,650. 4, Communications to the community - A draft of the Mayor’s Article is attached “Tor initial presentation to the community on the site selection. 5. Public information meetings and hearings ba 1 ance of facrTTties - Review of the various decisions with public in format ion and heatings on an incremental basis or on a total basis has always been the intent of the process. Determination at this point is whether you want to do it as each item comes up or hold for presenting a total package of decisions for information and hearing in the next two month timeframe. ALTERNTAIVES - Issue #1 - Review of Size, Financing, etc. 1. Set a meeting date. (June 4 or 5th) 2. Table. Issue #2 - Financing 1. Accept the information. 2. Request any additional information 3, Discuss financing options for any preliminary direction. Issue #3 2. Crysta 1 Bay Site ]. Select the dire'tion for future of the property as relates to: Council Chambers Post Office Balance of the land Single family housing Park It 2. Refer to Planning Commission and Park Commission for comments. 3. Table for further discussion. 4. Direct staff to obtain a maximum favorable terms for the Post Office. lease under Issue #4 - Communication to Public 1. Direct the Mayor's Article transmitted. 2. Amend and direct. 3. Table for further discussion. 4. Direct architect to develop an information piece for distribution to the community. Issue #5 - Public Information and Hearings 1. Determine schedule for such hearings. 2. Table for further discussion. RECOMMENDATION - The following recommendations are made: Issue #1 - Review of size and Issue #2 - Financing That the Council set June 4th as a date for a workshop with the Facilities Committee and Planning Commission to determine size and preliminary design for both facilities in order to direct the architect to begin schematics together with giving preliminary directions on financing. Issue #2 - Public Informational Meetings - That Council set June 29 and July I as public informational sessions and that a public hearing be set for July 10 on facilities . Issue #3 - Crysta 1 Bay Site - That Council direct staff to negotiate a long term lease on the Post Office and have that brought back for Council approval when ne'30t i 31 i or.s 2re rry tne balance be Planning Additionally it is recor:^mended tnat referred to the Park Commi ss i on and then Commission at their June meetings for Council to act on at their June 24, 1991 meeting. It's also recommended that staff take forward otner lands it owns such as McCulley Road and the sewer plant for their review. Issue #4 - Communications to Commu n i ty - That Council direct the staff to t ra nsm11 the a r ticle to the paper and work with Boarman to develop a "newsletter" on facilities to be mailed to all residents prior to public informational meeting. Issue #5 - “ Table unt’l workshop. ~ ~ PROPOSED MOTION - Moved by_, seconded by_, Council establishes June 4th as a worksnop for the joint meeting and Council directs that staff obtain a maximum lease on the Post Office together with having the Planning Commission and Park Commission review future direction for Council Chambers and the balance of the land for use as a park. It is further directed that staff submit a draft to the paper and that the consultant develop an information piece that will be distributed to the community in advance of the public information hearings to be held with the timing to be discussed at the workshop. Ayes _, Nays cc:Jack Boarman, Boarman and Associates Department Heads fV FROM: DATS: Mayor and City Council •*.ark E. Bernr.arcso May 1, 1991 ^ • r , . •>> ^ ^ tm. SUBJECT: 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. Boarman 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 acquisition, if any. 4. Further work direction to develop schematic. INTRODUCTION - The Council, at the April 4, 1991 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 SDlit on the issue with some members finding the northeasc quadrant site prefc-'ble because of ‘.ne desire to create a "community campus" f »velopment of City Fitiil, library, arena, etc. Present at both Faci ies Committee and Planning Commission were Mr. Farnham and members of his "Orono Tax Payers Association together with other interested public members. The Plannln9 Commission at its May Sth 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. that tJlacinc those facilities on t.te existing ^rys^a^ 3a^ oi«.e would not he* cortoatihle 1-ni uses with the neighborhood and as such would recuire at least a split site for Public .'?or.<s. Once this decision'would be made the cost then favored the Highway 1*2 site for a common facility. It was the Planning Commission's recommendation that nothing be done with tne Post Office, but allow it to continue as it is and expressed no opinion on whether the current City facility site should be parl< land or sold for residential purposes. ALTERNATIVES Issue #1 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 sLte #3 is to be used. Issue #4 1. Direct the architect to begin schematic design work in relationship to site selected. 2. Delay further direction on that until a site decision is further made. 3. Table discussion until May 28, 1991. RECOMMENDATION - In line with the Facilities Committee^ and PlannTng 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. Tha fne 7 2c:-itie5 ^ a o .. «. — —* • • * »•M* ^ ^ w W ^ ^ • 4 Co unci - invo_v®d in .na oiw*n-- .n j^2suss durinu mat scnarnatic v^sSj.^^ v«»4aoS. — c 1 lowinc Square footage/size Shape Materials Cost range 5. Direct architect to begin scheinatic phase PROPOSED MOTION - Moved by __, seconded by __, Council accept the ri=rc\’=r/sirn‘^ --r fati ultes: Vounl "i /e c t % t a f ^ regarding the option on the property on Highway 12 and directs the architect to work to undertake schematic design working with the Facilities 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 r TOTAL COST DI7rE?.£NCE 3Y I^JTEREST RATE DIE7ERENCES imai/)ia/r $3.3 Million Project Cost difference by bond interest rate. Interest Rate Dif ference Capital Plus Total Interest Difference Current 6.2%—$5,254,240 — 9/90 7.2%1.0%5,611,920 $357,680 10/87 7.6%1.4%5,756,320 $502,080 i'-. FROM THE COUNCIL CHAMBERS CITY FACILITY Many of you have been aware for some time of discussions to do something with our outdated and crowded city facilities. For those of you who have recently visited our facilities you are aware of the conditions that exist and agree that the over crowding and state of disrepair is not productive. Some people have suggested that a bit of fixing up here and there could assist us, but as a Council think it has gotten to the point that the most cost effective solution is to start over again and do an entirely new facility. This would not be just a five or ten year cure. At pr -?nt the City has utilized an architectural firm to determine the amount of space requirements we have without being superfluous. We are looking at a total cost for a new City Hall, Police facility and Public Works facility for a total of just about $3-3.6 million. The financing of this would translate, as we estimate it now, into a 1 to 2% increase in your tax bill. Last April we, as a Council, submitted 3 names apiece for a Citizen Advisory Task Force on facilities. From this group 13 persons were selected at random to give a good cross section of the community. They worked during May thru August meeting 4 times. They reviewed issues of need, site, architectural design and cost. They presented to us their preliminary report at a Council worksession held with them on August 23rd. Their recommendation, without descent, was for a site on Highway 12 and Old Crystal Bay Road opposite the schools and that the current site in Crystal Bay be used for a park. Their reasons for this included: - Compatibility with surrounding land uses and did not intrudr ■ peoples homes. - Adja o schools and the future Hennepin County Library site - Sufficient size for future growth - Limited availability of land in Orono of sufficient size - visibility - Cost of land lower than other a/ailaole sites The Committee was sensitive to a site that would not present problems for neighbors to any great extent through the 24 hour operation of the Police Department, the 8 hour traffic of the City Hall nor the type of activity which can be around the clock of the Public Works and their heavy equipment that would be found in the other locations. Subsequently the City gained an option on the recommended parcel. After a break in consideration the Council at an April 4 workshop requested the Facilities Committee and Planning Commission to finalize a recommendation with Planning Commission holding a public hearing on the site issue on May 6, 1991. The unanimous recommendation of both groups was Highway 12 as the best overall alternative. We, as a Council, would like to thank them for their hard work. The Council after further public input made the final site selection on Highway 12. It may not seem popular to do, but we think we have come up with the plan that is in the In- “-erm in the best interest of the City providing adequate facilities from which to operate. These are not plush facilities by any n. unless you compare what we have with what we need. The next steps will deal with the issues of size, design, cost and financing. Public information meetings and additional public hearings will be held regarding these issues. Please feel free to contact; Mayor Barbara Peterson, CounciImembers Edward Callahan, J. Diann Goetten, Gabriel Jabbour and Mary Butler regarding this significant city decision. :: 1 •k TO: FROM DATE Mayor and City Council Mark E. Bernhardson, City Administratdl May 17, 1991 ¥<? Oj> % % SUBJECT: Public Safety Discussion ISSUE - Update Council regarding progress of discussion on the various contracts. INTRODUCTION - As Council was made aware the City of Long Lake did finally respond to the March ICth letter regarding the police contract. We are in the process now of establishing a date for those discussions between their City Attorney and representatives from Orono including the Attorney, Administrator and Police Chief. Council will be apprised of progress on these issues. PROPOSED MOTION - Moved by seconded by , Council accept the information from staff regard'ing public safety discussions. Ayes , Nays 0 1 r ^ . -T u. _ TO: FROM: DATE: Mavot and Ciiy Council - r V f ••lark E. Bernhardson, City Admin istratior May 17, 1991 % SUBJECT: Lake Use Committee "^0. %> Attachments: A. Lake Use Committee Memo Dated 5/2/91 B. LMCD Letter Dated 5/17/91 C. City of Orono Letter Dated 2/14/91 - Marina Licensing D. Draft Charge to Lake Use Committee ISSME - 1. Determine if Council desires to formally establish a Lake Use Committee and if so: A. Setting the composition B. Appoint members C. Determining agenda 2. Marina Licensing - Present to Council LMCD's responses on licensing to the City of Orono's 2/14/91 letter. INTRODUCTION - At the Council's last meeting Attachment A was presented on the issues related to Lake Use Committee and potential topics for review. DISCUSSION - It was recommended in that memo that the Council establish such a Lake Use Committee with the suggestion of a couple CounciImembers , a couple of the Planning Commission members together with the LMCD representative. Issue #1C - Topics for Commj^^^ee Wo rk - Also as noted in Atta^ment A areas^or tfhe Committee to work on are as fol lows: Complete LMCD Comprehensive Plan work Develop recommendations for shoreland regulations Determine 1991 Marina License review procedure Determine longterm strategy for marina regulation Issue #2 - LMCD Marina Licensing - Attachment B is the current LMCD response on 1icensing. These licenses were considered at the LMCD's 5/22 meeting. (Staff will be updating Council on results of that process.) k. ALTERNATIVES Issue #1 - Lake Use CcrcT.ittee 1, Establish the Committee. 2. Appoint persons to it 3. Assign areas of responsibility. 4. Establish a charge for the Committee 5. Table for further discussion. Issue #2 - Marina Licenses 1. Accept the information. 2. Refer to the Lake Use Committee. 3. Table for further discussion. RECOMMENDATION - Issue #1 - It is recommended that the Council establish the Committee and establish a charge outlining areas for its work over the next year. Issue #2 - Marina Licensing - Is .s recommended that the TnFo*rmation from LMCD and the results of its process be used in processing 1991 Orono Marina licenses. In a related note, the group of cities are still planning to meet on the 29th to discuss Comprehensive Plan direction and also determine what the other cities are going to do regarding proceeding either jointly or separately with establishing shoreland regulations with DNR. PROPOSED MOTION - Moved by appoints . . and Seconded by the Orono Council plus its LMCD representative to a Lake Use Committee together with giving the committee charge as outlined in Attachment D. Ayes , Nays cc:Jeanne A, Mabusth, Building & Zoning Administrator Michael P. Gaffron, Asst. Planning & Zoning Administrator JoEllen Hurr, LMCD Representative * Prr4iMh. .’!ayor ana -i-y counc:. FROM: Mar'< E. 3ernhardson, ? DATE: May 2, 1991 SUBJECT: Lake Use Committee Attachment:A. City of Wayzata Memo Dated 5.'2/91 3. Shoreline Memo Dated 2/12/91/Sxcerpt - Attachment C C. Lake Use Management Dated 4/7/90 (no attachments) D. City of Orono Letter Dated 4 :5/?i 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 appointed" 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 1 y by CounciImembers Jabbour and Callahan have resulted in what is anticipated to be a reworked LMCD plan. DISCUSSION - Issue »1 - 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 Regulations - A. Internal Development Process - Now that the Comprehensive Plan #3 information has been completed, Michael Gaffron is working on both marine licensing and site visits together with shoreland regulations and alternatives. 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 joint Council/Planning Commission workshop on this issue. This can still be held but once that happens one of three ootions exist: 1. Have Planning Commission or Subcommittee 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 Counci 1/P lanning 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 -eceives 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 LMCp 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 Regu1ation ~ This is a separate issue from licensing to determine what the most appropriate method from tile City's standpoint should he ununce r zH \^Trr iTiacinas in the future. Again r cnis can oe aone oy one or three methods outlined iccvt. t he Issue #5 - Lake Use Committee Comoosition - If the Lake Use Committ^ Is to continue its composition may depend on the tasks it undertakes. A possible composition of the group could be as follows: 2 to 3 Councilmember3 2 to 3 Planning Commission members City’s LMCD Representative ALTERNATIVES - Issue #1 - LMCD Information 1. Accept. 2. Discuss 3. Table for further information Issue #2 - 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 working group cr 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 inforaation. 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. RECOMMENDATION - The iollrwinc are re-O'-ende.': -:n -..-.e i^ouei: w..eIssue 41 - LM.CD Comprehensive Plar. - Accept: Issue 42 2 Shore 1 and Management: - A. ) Internal Develccment Process - Have a workshop schedul- •. :->r introduction of the Shore land .-<.e'^u xat ions for xounc-x, r. .. Coinniission and interejtted parties and have the Lake -se <,o: 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 '^portunity to~com^ete the“~site 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 3ny license approval is contingent upon accomplishment of the land use application Issue #4 - Marina Longterm Regulation - Once the marina licensing is cornel.eted, Tt* is recommended that the lake use committee or subgroup of it» wor< on deciding the best alternatives for the City's regulatory power on the marinas. Issue #5 2 Lake Use Composition - composition outlined above providfi' Council to appoint the committee. Is is recommended that the a general framework for the 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 __ counciImembers^ __ 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 Hurr, 930 Partenwood Road, Long Lake Jeanne Mabusth, Building & Zoning Administrator Michael Gaffron, Asst. Planning & Zoning Administrator Planning Commission members L Atoi a fomm, )/km Citato Sacfviary LAKE MINNETONKA CONSERVA XC FAST WA v .'a 'A qc Jlf .AHT; SUiTT *V' .vay 7a :a M * CUGEME May 17, 1991 Mr. Mark Bernhardson City Administrator CITY OF ORONO P. 0. Box 66 Crystal Bay, MN 55323 Dear Mark, Your letter of February lA, 1991, raised a number of concerns res^^^^^S multiple docks and their licensing* The specific docks in question came up for consideration at the May 11 Water Structures and Environment Committee meeting. Based on the committee recommendation, we can now better respond to the city's concerns. General Concerns: A. B. Temporary "dock extensions ' * Multiple docks have been granted TEMPORARY LOW WATER VARIANCES SINCE 1907. Such variances are granted during years in which low water is declared, generally in February. Low water is declared when the lake leve is below 928.0’. It has been so declared for 199 . Each temporary low water variance is granted upon individual review. Original site plans are compared to the variance request. The variance is granted one year at a time during the declared low year. As the low water is no longer a factor in subsequent years, ALL temporary low water variances would be rescinded. The licensee is then required to return to their original dock position before the variance. A copy of the temporary low water variance conditions is enclosed. Any changes to dock configuration or services offered at a licensed multiple dock, require a new dock license application. The only change to land use which LHCD considers in its licensing procedures is that of dry storage. T» is involves watercraft stored on land in a building or on a rack for the purpose of placing in the lake and removing at the customer's request in lieu of slip storage. Such dry storage is licensed. North Shore Drive Marina is so licensed, the only one in Orono. L Mr. Mark Bernh irdson. 5/15/91, Page 2 LMCD has had a moratorium on new or expansions to multiple dock licenses since 1/31/90 which runs through 1/31/92. Any change that might impact land use, such as parking due to an expansion, is promptly called to the affected city s attention during the application process. We do not address such issues as landscaping. Specific Orono Land Use/Zoning Requirements: 1, North Shore Drive Marina A.Encroachment concerns to the Millard property appear to have been resolved per a 7/26/84 Ron Millard letter, copy enclosed. We have had no recent complaints indicating there is a problem. B.Slips licensed by the marina are summarized per our 3/19/91 outline, enclosed. The discrepancy we identify is that in 1989 four transient slips were reported as renta 1/storage slips. That is a correction we are requiring the marina to make this year. They are to have six transient (for daytime use only) and six service (limited temporary overnight storage for boats in for service which can be verified by a work order) slips. The balance of changes to their licenses are as noted on the summary. These changes are supported by Board action as noted. 2. Lakeside Marina: A.Citizen complain** ' earning floating dock extensions have been reviewed with the licensee. Corrections on lighting, fencing, placement of reflective material during winter months were made by the licensee. Some floating fragments from the styrofoam material have not been resolved. LMCD is looking into the styrofoam material as to its durability for dock use. Apparently there are also different qualities and densities of materiel which affect its durability. This is a relatively new experience for use on the lake. B.LMCD is not aware of nor has it licensed any... multiple docks for non-adjacent lakeshore lots owned by the marina. Please let us know if we can be of assistance in this area. Mr. Mark Bernhardson. 5/15/91, Page 3 C. The dock layout with a 600’ temporary low water variance and the lack of required fencing and "no parking" signs on the western ends of the docks are the basic objections of the neighbor. Marcia J. Schoeneman. The committee, at its 5/11/91 meeting, determined that since 1991 has been declared a low water year, the licensee is entitled to its temporary low water variance. Some members of the committee questioned the necessity to be out 600* when the water level reached 928.0' as of 5/11/91. The committee recommended the Board deny the license based upon four violations cited the past year, namely: 1) Non-compliance with installing the docks to their original configuration: 2) Dry storage of boats on trailers, not so licensed: 3) No parking signs missing on west docks to prevent transient parking; 4) Fencing missing on limited section of west docks to prevent transient parking; Upon correcting the above four violations, the committee implied it would recommend approval of the license renewal with the temporary low water variance, stated by James Dunn to be required to the 525* total distance, or 300' beyond normal, 200' plus 25' for the gas dock being his standard license. The Board must then ratify the committee recommendation, which could be at the May 22 Board meeting, or later depending upon the violations being corrected. »»- ••*«* r' 3. Gayles Marina: A. LMCD respects the city's position that it does not permit a dredging business in the B-2 zone. B. LMCD would welcome more information concerning the unresolved issues of required rip-rap and sediment control measures. The nine service slips have been a long-standing part of Gayle's annual license. Service slips are common among full service marinas to provide repair and emergency assistance to watercraft, a public amenity in that regard. We would welcome knowing more about your particular concerns with these service slips. We trust the city will continue to oursue its requirement for screening and plantings.• Mr. Mark Bernhardson, 5/15/91, Page 4 The city is aware LMCD filed a complaint with Gayle's due to the unauthorized storage of b/rges. This complaint was settled with Gayle’s ag. *eing to store the three barges in de.ignated slips, LMCD agreeing to allow storage in the dock aisles during the winter months, subject to no further violations of unauthorized barge storage for one year. This summary is brought to your attention in advance of the Board's May 22 meeting in the event there is any further information you wish Jo provide prior to or during the Board meeting. The 5/11/91 committee meeting minutes will be mailed with the 1/22/91 Board meeting agenda to further assist you in following the committee action on these licenses. Thank you for keeping us informed of your review of the licenses for these particular applicants. Sine Eugene R~. Strommen Executive Director Enel. cc: JoEllen Hurr Jeanne Mabusth Michael Gaffron Jim Grathwol, Chair, Water Structures & Environment Committee Dave Cochran, LMCD Chair •>UPhiOrr - .•• . **■ -I we, -- - - -- - - - - - - - - •••• ♦ y *■ ^ 4 >i»iw ■ I— ’I ii«pirtii#w m "-W „ - *-V.« ► - .-4P w -Vr-t • # eieameeu. er,yK«>wi pe ^ v :» . • s.rj,*,:,* - - •%'Vwj rw-.« ••*•■ -' *v ••_ -i ^ \ ... ' __Co.. . "^jr - _* -• ^ •a ui %♦ *riA« #••• •• * a.«. . . . .“JV-lCr -i>*. 'If• ». • /'. a »-fc .V.i.'f ^ - 9 (Hev.5 90) demonstrated^tha^t,^su^cJ.^action^^ eia^'d‘^^ay granting oC variances No'^ va^ access riparian owners aiKi users ^ ^ i, allows or provides Eor the ^storage""or: greaVer"^^^^^^^ o£ watercraft than otherwrse would be permitted under this Code. ^ j e. i-rh nt-hpr Owners. The Board shall not Subd. 7. Orders to Othe applicant to take require the owner of 3"''.=^''®“'’°:. otherwise permitted by this any ^S^^faTgriing ?he owner a reasonable opportunitychapter without cirst giving reuHrJ i wi c i nn fi If the Boardto L heard thereon as provided by ^subdr^^^^^^^ orders such owner to take within which to take suchthereof, a t«s°nable length of time with writing, action shall be afforded. Any °rde process shall be served upon t^e °”'>Y length of time within which the n.. ...u M .» 1... than 30 days. subd. 8. Violations. |,e°''®5\'“uctu?e \T''a^ ^Van^er maintaining a dock, mooring g a variance which is ^j^^^:ror^per"mUt\d^^^^^^ of this Code and grounds for recision of the variance. subd. 9 Temporary ®/i,;/Aon’"'8.0 “\he""oard when the Lake level fal ^ ^ ° for (locks or mnnrinqn In may issue temporary low water '^ge allowed by this Code, locations or oon f jgu rat ions not provisions of this Such variances the Board may waive application section; P«^ovided, howeve , th waive the public ‘taring requirements of bubd. 4 a ,,4riAnce sliall be granted which requirement of Subd. 6. No larger watercraft thanprovides storage for more waterc aft or Isrg Sould be allowed “itliout a ^ for such time as I^^wSter con'diUons^Ohtihue as determined by the Board. Section 1.U8. Penalties. Subd. 1. Misdemeanors. orovided in a district i this Code, or any provi- any person violating any re^ference, or the conditions «inn of any code adopted herein by ^ py the Board, shall, of any license, t''t Im^^m fine or a ‘'"b" a?„t es, X^a^Ti';onme°:t, or%o\b. as specified by Mrnnesota Sectio^^ 609.03, for misdemeanors. / / W c; 7^ j^a^ StA^ ^ 7f(f/^’^/cri/ •^/Hee^ Aia ^au/x^i^2V^ (TV ^ ^(i4^ ^ (Lcl o^-^2*A^ (0 cSjie/^lrnJ /t) fh 6o€h (j^jc/sJ^ (n\- ^ cf:cJ ^y^cy/''^ ^ /1£€o€0'f' jo C& U/^ C(^ ytU^ ^OTS^ ■J'tO*)^ P<t JlcuAt ^ C^-OT^ ^ . / i '-2^y*\, i^\0fajd^- j2^ CM ' XAdf •>? OW^dcS^. ^ CUtVyd/ . CtuAy' iai^ CO //''^ ^t6/U '/tyCA C0^2 c£c^ ^/^ts<^ ?^r /^zn^ /f) COC^^ Ci^d Acu> IJfr M ^^^V- . y^ ^ / W^ d^wvuM ^^ . Aft^LJ ^ y^tn/y Ay * *-W ^ .%• * ; .• ►. OfA^C^ioi^ C^^U> . ca^f^ ^ ^ Avea/f'A>^s 4v«, /7tSa 3^/0 T^tnM S^<^^ k£CE»- JUL 3 11984 UM.C.D. Cv NORTH SiJORE DRIVE NARINA SUMMARY OF SLIP USAGE PER APPLICATIONS Use of slip Rental Transient Service Dry Storage Totals 19 84 -1984 1985 1986 1987 1988 1989 1990 76 77 —8 1 81 8 1 85 85 6 6 —6 6 6 4 -6 b 6 8 8 20 20 -20 20 7 2*”72 72 106 i08 108 113 113 165 165 165 From 1979 through 1983, Dock Licenses were denied. ♦This is what the City of Orono approved for North Shore Drive Marina's dock license in 1984. However, they applied for 108 slips from the LMCD and were granted a license as listed above. **In January 1988, North Shore Drive Marina app1ied for 50 additional dry stack storage spaces. Upon inspection itwas oun that they had 72 total, instead ot 70. In March 1^88. the Boar approved the amended license for 72 total dry stack storage s ips. 3/19/91 —--A^- - eiw- QF^ uHCirtor cit: Post Office Box ri6*Crystal Bay. On the North Shore of Lake Minnetonka February 14, 1991 900 East Lake Street Wayzatar MN 55391 Subject: 1991 Marina Licensing Dear Gene, Recently the City of Orono received notice of^ licensing for the 'various commercial vea^^^ha't ^as you°go througk \«=eV/ eor°thesa aariAas, the followin, concern, be responded to during this process. General Concerns ov<-fan«;ions" - It is our understanding that A. £ the marinas, some more tha. itLrs" haVe'brergra"n^ed'’sVecifio e^x^ensio^s of their doc|« onf cise it is our understanding, that the docks at least one / feet out. It is requested that t^h%”ix^%^3 le“|^“h\^^ n”o32 E^-i's To ^ ^Extended nature of these temporary permits, to a 200* limit. B. It is additionally requested that - - e far AS s6rvic6S offscsu/ ax.cet<au pVioV'tV ^V"'i?iaTcoS°si^^*ra=tl2 of the operating licenses. ■UlLOING a ZONING - 47>73ST ASSESSING ADMINISTKATION a finance - 473-7358 FAX-473aSlO PUBLIC WORKS-eS-SSSP Mr. Eugene Stronmen Eeburary 14, 1991 Page 2 of 3 It should be noted the City of Orono is considering, as it rat/iews its shoreland regulations, what additrona^ recu.ation it OTUld desire related to narinas. This will be reviewed rn context with the level of jurisdiction ana enroroenent L.-.CD already has in this area. ?n?orT“u" o?\“e1ol?otLron‘;o!nrts-ls"iSl' clVof-Orono has with specific marinas, as follows: 1. North Shore Drive Marina A. Encroachment into an adjacent dock area, residential!'/ zoned Millard property east of marina. B. The 1991 LMCD license application indicates an increase in boats over and above the number historically licensed by Orono. The last license that was issued by Orono (1984) was for 76 rental slips, 6 transient slips, 4 company slips, 20 boats dry stacked and 45 boats stored for sale or service with a maximum density of 151 total. Apparently since 1988, North Shore Drive Marina has been given an LMCD license for a total of 155 boats. 2. Lakeside Marina A. The City has received complaints about^the extenVio^”. ^^The complainant was referred to the ^ 1985 variance review for limited coromericial use of non-adjacent lakeshore lots owned by the marina, has left unresolved issues of boat storage on and off land, as well as parking and related land use issues. C. The City originally was in support of the applicants previous west side dock layout because it limited impact on the affected neighboring pTr'h«’’Sct* from that neighbor. — Mr. Zugene Stromaien rebruary_14, 1991 ?aga 3 of 3 3. Gayles Mar •'na use in the 3-2 zone. a The City has not licensed Gayles Marina 1*981 due to unresolved issues of required rip-ra.f «dtmen® control measures, a disagreement about whetSe? 9 service slips should be allowed and issues of screening and plantings. a- i-hat- P-tistinq violations or proposed changes Tnl? it «ques"L that licensees be referred to impact land use \s teq license. If you haveimoact land use it is ce4 •- -‘mcd license. If you have °u7s"t1oL'^Vga'r^inV sp;c\"f^c°s= p\"ea‘'sf c=on\^^- Michael Caffron City Administrator cc:Mavor and Cicy Council JoEllen Hurr, Orono L.MCD Representative Jeanne’ Mabusth. Building i Zoning Acminist-at M^ISei P. Garr-ron, Asst. Planning 4 Zcni.n, Ac.min. j1.W .nitv jt* * LAKS USE COMHITTEE STATEMENT OF NEED Prior to 1985, w..e Ci;v Council of Orono regularly appointed a Marina Committee to review annual Marina License applications prior to presentation for Council approval. No Marina Com—ittee has been active since 1985, and licensing of marinas has preceded only on an irregular basis while the City has been considering alternative procedures to marina licensing. Further, lake use management issues such as review of the LMCD Comprehensive Plan for Lake Minnetonka and developement of Shore land Zoning Regulations pursuant to DNR requirements, have resulted in the need for a more intensive level of discussions and consideration of specific lake use management topics than can be accomodated at regularly scheduled Council meetings. Further, efficiency of effort can be increased by appointing a select sm.all group of individuals to consider specific issues and make recommendations to the Council as to policy and action. CHARGE TO COMMITTEE In order to assist the City Council in decision-making regarding lake use issues, the Lake Use Committee is hereby appointed and charged with the following duties and responsibilities: 1. Continue to review and comment on LMCD's Lake Minnetonka Management Plan, and recommend and implement strategies as necessary to result in a final LMCD plan that is in tune with Cr-no's policies and objectives for management of Lake M. .etonka. 2. Work with staff to develop suitable shoreland regulations in response to the DNR mandate for adoption of such regulations* 3. Review 1990-91 Marina License Applications. Determine whether there are any outstanding land use issues which must be brought forward as land use applications. Work with applicants to suitably resolve any outstrnding issues, and make recommendations to Council for appropriate action to approve, conditionally approve or deny licenses. 4. On an ongoing basis, review future Marina License and Joint Use Dock License applications and recommend appropriate action. 5. Develop a long-term strategy for marina regulation, and propose appropriate changes to current ordinances as may be necessary to implement that strategy. f J- p- 91.< TO:-^ayor an’ City Council PROM:Mark E, Bernhardson, City DATE:May 17, 1991 SUBJECT:Police Chief Selection Attachment; Draft Position Desc Dated 5/22/91 8, Process Schedule(s) ISSUE - \\ pnini3‘’r3t^ / '- ^ ^ /S>9^ \ssociates 1. Have Council consider whether they desire to ^.d r-t the attachii-ent draft . tue position description for the police selection. . 1 ^ 2. Determine level of involvement for the contract citiei :n the screening and final selection process, 3. Appointment of Acting Chief for the period between Chief Kilbo's departure and the appointment and if applicable arrival of a new chief. INTRODUCTION - Over the past few weeks the consultant has been having discussions with individual CounciImembers» contract cities together with department heads and members of the police department. Based on these, Attachment A has been developed. DISCUSSION - Issue #1 - The draft position description has been presented to you to use in assisting in the selection process both as a measurement to candidates and al'^o to market the job to prospective individuals. Additionally you will note in a section that outlines goals in areas for the new Chief of Police to work in these are the result of the discussions and a more definitative descriptions of those will be provided to the final Chief candidates by the consultant and will S'-'rve as the basis for initial gea setting. Issue #1 - Involvement of contract cities i.r, he final selection proc*'SsT As noted in Attachment B the contract cities or a i^0p)^9;3entat' <^e therec* ./as going to be ^r.cl jded in the screening of the can :dates d. to the final 3 to 5. Council may have them involved as a representative from each of those cities at that level and erhaps have all 3 cities select either a i^epcesentative apiece or one from the three to be a discussing but non-v:‘wing of the final interview proces The Orono Council will be the voting body on the final selection. Issue #3 Acti- Chief - Given the June 30th departure date of C’r*.et ^Ibo at./ mticipated selection of a new chief the forepart oi August# it la appropriate that an Acting Chief be ropointed ijoc the period between Chief Kilbo's departure and the start of a new chief. (If the appointment is from outside the department# a start date may be the forepart of September.) V :[• I' vrt..' k Kr\ I ALTERNATIVES - Issue #1 - Position Description 1. Adopt. 2. Amend and ^dopt. 3. Table. Issu* #2 - Contract Cities Participation 1. Have individual representatives involved in the screening to the final selection. 2. Have 1 representative of the 3 communities involved as a non-voting member in the final. 3. Table for further discussion. Issue #3 - Acting Chief 1. Select one of the Lieutenants 2. Choose not to select an Acting Chief. 3. Table for further discussion. RECOMMENDATION - Issue #recommended that the information be adopted as present Issue Ia untract City Inclusion - It is recommended that a representative from each o^ the cities together with 2 Council representativeSr a department head and myself be involved in the preliminary screening from 10-1 *' to 3-5 final candidates based on profiles prepared by the consultant and th>t each of those then select one representative to be involved as a non-voting member in the final selection process. The final interviews will be public* so they could attend anyway* and the Otono Council is the final decision maker. Issue #3 Acting Chief - It is • appointed as Acting Chief from 1 as the new police chief. <^mmended that Lt. Cheswick be xy 1991 until a person begins PROPOSED MOTION - Moved by _* seconded by _* tua'r Council .dopt position description presented and also direct the consultant to include representatives from each of the cities and screen down to the final candidates based on preliminary interviews and that the contract cities use that representative as a non-voting member in the final interview process. Further the Council appoints Lt. Cheswick as Acting Chief for rue period 'rom 1 July until a person has begun as the new police chief. A .< ts _, Nays cc:Jaiiies Brimeyer* Sathe & Associated* 5821 Cedar Lake Rd Chief Kilbo J p Sathe Associait^s. Inc.fj ex-'^n CITY Of ORONO CHIEF OF POLICE POSITION PROFILE T*** CftiauBitv tlM tnd 33% of the lake area is in Orono. The City of Orono is a third ring suburb in the seven-county metropolitan Twin Oties tret of Minneapolis/St. Paul and is developed primarily because of the quahiy ol its aesthetic appeaL lofether with its proximity to the metropolitan urban core. The City is primarily a residential community with a mixture of several types of hotuing together with a small commercial district. The City totally surrounds two communioes. which are part of the original township, and substantially surrounds a third community. Orono is home to many of the metropolitan area’s top executives who appreciate the eoauminity’s natural amenities. Coatract Qtiea lent is a community of just under 2,000 people which began as a commercial area serving the surrounding rural area in what is now primarily the City of Or^. It incorpotnwd in 1906 to gain its current siae of 0.82 of a square mile, wi^ Highway 12 mmM thf pf Lottg TrfM pfovidiog significant physical features. The City has 4 time employeat (one administrator and three public works). It also has a volunteer fire which provides service to itself plus sections of Orono and Medina on a contract brail. It remains a commercial area with industrial and middle mge tingle family and multiple residential .icvelopment. The City has contracted with Orono for police service siooe lM7. ppfk - The City wes incorporated as a municipality in 1951 from Orono township and has a popMt«tia« of 1,500 in a land area of 0.6 of a square miles. The City is of ^itnimreimi. multiple and middle range single famUy homes. While the two primary industrial firms (Tonka Toys and Advance Machines) ere no longer locamd in Ike community, it continues providing lake related services plus local rttaiUng. The City haa three full-time personnel (two administration and one public waifks). It contracts with he City of Mound for fire service and Orono for inspeetioaal services. It has contracted police service with Orono since 1981. jUNSrr «OG6 B usiness p^rk • 582: cedar lake pcao • wimneapcls v.nnesota ssais • -cc • *ax s:2/.v-.6-65S- I-:" f-- l,: r City 01 Orono Page Two ttfvicgi with Orono sinet 1980. Tho Police Deporuaeot of the City of Orono is composed of 15 1/2 sworn officers lOgnlMr with one fuU-time secretary, two part-time secretaries and two part-time Comauaity Service Officers. Among the swora personnel are as follows 1 Chief 3 Lieuienanu - administrative/pafrol/investigative responsibilities 111/2 Patrol Officers - patrol/investigative duties assigned as follows: 3 - Ceaeral duties 2 1/2 - Specifically assigned to Long Lake 4 - Equivalents specifically assigned to Spring Park The Chief of Police, while fonaaUy appointed by the Orono City , • dePMtmffit bead who reports directly to the City Administrator. The Police Chief, lu to boiag the Police Otpartmeat head, also works on contractual and service arraaftaMats with the four fire departments that provide service on a coatraet basis to the City of Oiono. in addition, the City coordinates advance life suoDort provided by North Memorial Hospital and provides on a contract basis, anin^ coa^ services through the City’s CSO system to Long Lake, Minnetonka Beach and ^riag Park. Tha coatraet aarvice arraatemeat splits costs between a base contract for which a flfovlde aoDroxiamiely 60% aormal patrol time to the City of Long Lake tad the four offieer eauivalenis which it done by three officers specifically assigned together with oortioas of three other officen pardy assigned eoualing 93% patrol ume m the City of SoriM Park. The Chief of Police is primarily responsible for prepari^ the budget^ MMuakatini with the coatraet eitiee related to thew iteins with asattiaaM from the City Adadnistraipr, The City Admiaistfator and Police Chief are involved lo labor netotiatinnt with the two ba^aiaiag uaits. J T r-,' * » 1. • ' p.'. i'T- City 01 Orofto Page Three (1991 Proposed) Cost of Base &rviee % of Total 1991 Cost of Total Sorvice %of Total % of 1989 Part 1 and 11 Crimes L4>ng Lake $104,990 13.39b 243,491 21.4%21.1 Spring Park $ 77,632 9.8%278.826 24.5%23.3 Minnetonka Beach S 51.831 6.5%62.289 5.4%3.6 Orono $553,518 70.2%553.518 48.7%51.8 The P—moB BackgroiiMl ExperleMt RMoiret B.A. plus five to ten years experience in a responsible public safety nanafemeni poaicion. Must also be P.O^ T certified or have the ability to attain certification. Qualified should have familiarity with smaller police departments and have a special sensitivity to the needs of seini'rural communities. Special experiences include: * Working within a multi*jurisdictional environment. * Demonstrated effective public relations experience. * Oevdoping implementing budgets and monitoring department expenditures. * Working with unions and a good understanding of tabor relations principles. * Experience in working within a tourist, seasonal atmosphere. * FfirHf«wrT with developing and imptementing a career development program and •dminiitering an acceptable promotion system. Menegement Cepnhilities * Strong leeder with the ability to deal directly with elected officials. City managameat and ocher City staff. * daily contact with department personnel in a professional manner. * Administer discipline fairly, equitably, and in a timely manner. I’ •V f 1 i tK'r jt. City 01 Grono Page Four • Esablish procedures and policies that eiTecrively maintain an appropriate ehaiO'Of'Commend. • Be willing ro change position after receiving input from all areas and stand by decision. • Good communication skills; effective listener, open style of management. • Be a hands-on manager and effectively utilize supervisory saff. • Establish a high level of trust within the department and within the community. • Be a team player and involve departmenr personnel in developing department policy. * Be a risk taker • innovative thinker. Cemaaaity/Depnrtmeai Briorliiee ♦ and adjust, where appropriate, the scheduling of deparCTent personnel within FLSA guidelines to effectively meet contract service provision. • Evaluate the need to esablish an investigative function within the depanmeni • Kan and implement the departraenai move to a new tacility. • eioiely with represenatives of contracting cities mainaining regular communications with those represenatives. • Analyze the need for additional personnel. • Work with Fire depertmeno providing service to Orono and the contracting cities. • Updaa the cities* Emergency Preparedness Plan. • Ezaaine the departmenal command structure and the need for a second-m- eoaomnd poeilion. • Evaluate the attig**—** of personnel within Orono and to the contracting cities with given to esablishing dbtrictt within the entire service area. • impact on department of 1-394 completion and improvements to Hwy. 12. Cicy Of Orono Page Five Aeimeeei—ef Police Chief • Orono, MN. Also $er\'ing (on a contractual basis) the cities of Long Lake, Mianetoaka Beach and Spring Park with a total of 11,400. Supervise depanatenc of 16 sworn persemMl plus i support staff. Requires A.A. (B.A. preferred) plus 5-5 yean experience in a raapoatible public safety aanagenieftt position - preferably at a local govemmenc level. Current iiarcinf salary range S47.500 to $50,500. Send resume to Jim Brimeyer, Sathe A Atsociataa Executive Search, 5821 Cedar Lake Road, Minneapolis, MN 5S416 by 6/14/91. AA/EOE Ik' (fV i ij.,. rr ^ r« . ♦ - ‘ i_» J 0 ox n z O»v»lop Omvmiopmnt Intecvli Arrlii# Xniicvitw PREX3SS Level of Invol’/enent OQUNCIL ootfTPMTT crrris ^ttioo awcriDtion currant tattion OMcription Applicant Qinrnetarlatlci Review Riview Review SerMAliif crluru A cms tot Orftniutiotal Review Review Review Review RWWimSint Active Recruifent Otiucin Sernan co 10-15 J-5 for Pinal Repceaentaciveis) an screening panel Representatives <xi screening panel gtiiil Saleetiy (5-S) ■■eiipcoundSoreaiiing Intnrviaw Pcooaaa - Quaaticna Interview 3-5 (MaytM Qoiiicil I Riprescntativw fron the 3 CoeBMiitles an Pinal Panel - taring (If Any) Selection taitta Offer/ tautUticn (If tata) Review 12.u STAFT OCEC SCAJOl (If Anv) Review Review Develop (0)/Aasiat Develop (0)/'5^view >velop (0) Review Review Review Develop (0) Develop (0)/Assist Develop (Ci Review tanit Undertake as agreeii to ReviM Screening Screen City Administrator/ Assist Paiwl 1 nepartnient Head Cuestions and Scoring Possibly I Police SiAMrviaor and I ratrol Officer Conduct Background Screening City Adeinistrator Participate in rinal Panel RsooeMdation to Ooufieil Develop queaticns «id Sooting Offer to Successful Participate aa Candidate Coordinator (O) Offar (0) Clf Any) 0 - Sarvi Listed in eeents tfiet will be Optional for j u I: TO: PROM: DATE: . <v Mayor and City Coancil Mark E. Bernhardson, City Adnunistiator May 17, 1991 SOBJBCT: Highway 12 Corridor Study Attachment: A. Traffic Study Information Presented 5/21/91 - Howard Needles and Associates ISSUE - 1, Present to Council Information from the most recent Highway 12 corridor study traffic study. 2. Update Council regarding meeting format between the City of Orono and the Commissioner of Transportation. INTRODUCTION - Attachment A updates the traffic forcai inforroatTon that was presented the Po 1 i cy/Technica 1 and Citizens Committee on May 21st and DISCUSSION - Issue #1 - The main purpose of the traffic forecasts was to indicate which ones would address the current situation on Highway 12. They do not necessarily indicate the best solutions only which ones will work. As you will note the "second generation" traffic forecasts indicate that the 2 northerly routes do not li as much to reduce the longterm need for an upgrade to the current Highway 12 as the others. While there is some minimal reduction for the Highway 55 jlternative, ^or an interim amount of time, the traffic forecasts do not show a significant downturn in the 20,000 car per day figure currently at Willow. The County 11 alternative on the other hand does substantially reduce the Highway 12 traffic but it is at the expense of doubling traffic on County Road 6 in order to reach the new corridor. As for the three other routes, they address the situation of reducing traffic levels on a 2 lane facility (current Hwy 12) either by an upgrade int he existing corridor or as an alternate route for a new four lane facility. Current Alignment - The increase between this study and the preliminary study is due to factoring in an ^graded facility (increase of about 30%) . Southerly Route - While the southerly route gains the most ridership it does so by drawing traffic from County Road 15. These nunmbers are similar to the original estimates. r-. [h h'. .r I: .: County Road 6 - The preliminary study did not project counts for this routeT The issue that the traffic forecasts address are which of the 3l^ternativeSf if any» does nmeet the transportation objectives. If there are ones that do not meet this initial test# there is no reason to further consider it. The purpose of the traffic forecasts is not to determine any alternative as the best as there are numerous other cost, social and economic considerations. The goal of the next round of meetings (June 19th for Policy) is to eliminate any alternatives that do not meet the basic transportation objectives. It is additionally noted in Attachment B that the C’ty of Medina has gone on record opposing either of the northern corridors that would cross their community. Issue #2 “ Meeting with the Commissioner - City was con^tacted by the ”Cdlhmissioner of Transportation's office to establish a meeting between the Commissioner and representatives from the City. A similar meeting request has been extended to the City of Long Lake. It is anticipated that this meeting would consist of a couple of elec.ed officials and other representatives that the City would desire to have with them. ALTERNATIVES 1. Accept the information 2. Discuss and give appropriate direction. 3, Table until the June 10th meeting. 4. Discuss among Council and determine direction regarding the meeting with the Commissioner. RECOMMENDATION - It is recommended *■ Council accept the information and give direction regardii', ’•he meeting with the Commissioner. PROPOSED MOTION - Moved by _, seconded by that Council • ^ -s m * _ A- ^ ^ ^ ^accept the information and give staff direction regarding setting up a juceLir.g with the Commissioner. Ayes _, Nays _. J • i ------{]", .fjy ^ li introduced the following resolution and nioved its adoption: Member CITY OF MEDINA resolution no. ^ ^ WITHIN THE crrT OF MEDINA WHEREAS, the Mlmiesote Department of Traiuport.tion (MnDOT) has Initiated a atud, W-MhE W-ln, of TrunK Highway IT (T.H. IT) between W.yaat. and Delano, and WHEREAS, the mirrent aUgnment of T.H. 12 extends for a short distance through the touthern portion of Medina; and WHEREAS, as a current corridor city. Medina has participated i. .ha policy, technical and cltlxen committees esiaOlished by MnDOT to review and comment upon various alternatives regarding T.H. 12} and WHEREAS. MnDOT recently expanded the number of alternatives for T.H. 12 to ineluda two additional northerly corridors (Northern Corridors) transverslng the City; and WHEREAS, both of the Northern Corridors would have a significant Impact on Medina; and WKEREASp city staff, consultants and the city counci, have reviewed the Northern Corridora as they relate to the City's plans for development and have carefully considered the Impeet of each on the City; and WHEREAS, the city council has sought and received substantial input from the oltlsens of the City regarding their vie ; on the Northern Corridors. NOW, THEREFORE, BE IT RESOLVED that the City Couwoll of the City of Medina makes the following findings of fe.'rt: —---- --------------- B5R. ”Y7w../4y3 '“V _ 1. 2. 3. 4. S. 7. 3. 9. 10. % lopraent In the CUv anf,. »V !.otmen-- of M^^rto be oor.....tn»te<i within raetro^utan plan balls for the eentrel ar.i . ?hJ a; «'ren?Tin .OW kens,tv reainentlal. The Cl^/ in 1990 edited and «"* which la eurrently under corapreh«n*ive plan. - continies to cLl for davelopment to occur in review by the me-r portions of the City for low intensity uses. the sewered araas a ^ireu w ? «5or i!!?w“J2SJ<S?Mion" “e*No^.m Corridors were salacted by MnDOT.comaora were ----------------- the City’s comprehensive plan»\m — r---------- s SslnSS ~P^e. to Medina which are of restricting 1 house per 10 acres or its equivalent. Construction of either of the 2 Jhicif is ^inconsistent with the additional north/south arterials ’***'®” stated and demonstrated intent of the City.stated and demonstratea mienx wi« • ________ ^ A Th. pn.po.«l CO. Rd. 11 corridor e«uld , „,S. of divtaion iJould ^Pt numeroia natural areas and preserves. ___ ^ ^ ^ A A Mi Al t fl X ■ T \ r* TaT^L a tnOM areut a»u ¥fww*^ ------------ The proposed T.H. 55 corrtdor wiU exacerbate the already serious traffic problems on that route.on Ul«% ruuice « A# ritv an currently owed by public bodies* Including Baker Park iiSTrer WoSifet “rttlMlT'^ locating a multi-purpoaa tSi. reoreJant Und which hassss; SK.-^ “ •=r«,,si^’rsr -“sss the^^ham Corridors would only compound these lnaquit.es. ¥ I h 11.Th- Cltv hM attemoted to elicit the com.T.er.ts oi residents re^ardinsf the proposed and the overwhelming consensus, as expressed-at-the special Northern Cor -ahwtar*/i991. and In other contacts with memoers oi Ci„ council racetir^ °= /o th. Ch«n Corridor,. In addition, the city council, hM bccnjn to a recent surveySSi<S 81 pVfCMt of those Medina residents responding to a !iS«tad op5o,"on to either of the Sorttiem Corridors. MOW. therefore , be it resolved by the City Council of the City of Medina. Minnesota as follows: 1. /w,* >,*i.«Kv deHV Its cottsont to cither of the proposed Northern Sirridoti which approval is necessary pursuant to Minn. 5tat. Section 181.172. 2. responsible for making a decision regarding t .h. 3e The city clerk-treasurer Is authorized and directed to transmit copies of this resolution to all relevant persona and agencies. Dated* /7----. 1991* ATTErrEST; oCUm^ 1 Donna Roehl. Cierk-Treasurer The motion for the «loptlon of the foregoing remtlutlon was duly secndml by member ^ uid upon vote being taken thereon, the foUowlng voted In fevor thereof: Jcrorr^lh. , end the following voted egainst same: Hone Whaewpon asM roeolutlon was deolsred duly pssaed and adopted. ME230-097 J-------------------- \ •i •:iTV OF lake ‘.E£OLJ':cr< v:. 5-a-?c WHEREAS, the Minnesota Oeoartnent of Transportation is engagec in a "scooing" study to investigate various potential corridors from Trunk Highway 101 to Trunk Highway 25 for potential corridors to construct a four lane expressway or freeway extensior to Trunk Highway 12; and WHEREAS, the cities of Long Lake, Orono, Medina. Maple Plain, Independence and Delano are located within the corridor study area and eacn is subject to direct or indirect effects of the location of the corridor; and WHEREAS, City Council of the City of Long Lake has previously resolved and gone on public record that it is opposed to the location of any Highway 12 extension corridor which passes through the City of Long Lake; and WHEREAS, citizens of the City of Orono have organized into a special Inttnst group known as “Concerned Citizens for Highway 12“ which group promotes the location of such extension through the existing corridor; and WHEREAS, concerned citizens and business people of the City of Long Lake have begun to organize themselves into a special interest n^o^ip to promote the location of such corridor outside the City of Long Lake; and WHEREAS, the future of the City of Long Lake together with Its residents end businesses is In severe Jeopardy from environmental and economic detriments associated with such a corridor through the City of Long Lake; WOU, THEREFORE, IT !S HEREBY RESOLVED: That the City Council of the City of Long Lake extends Its support to the newly formed special Interest group consisting of concerned Long Lake residents and business people and pledges to assist in all lawful ways the effort to fairly and adtguataly assess the impact of such an extension on all affected minicipalltles. IT IS FURTHER RESOLVED that as part and parcel of such efforts the City of Long Lake will discourage In every respect the location of such a corridor within the corporate limits of the City of Long Lake. Ayes: Kunze, Swartwood, Rettinger. Patch Nays: Abstain: Mayor Attest: city bitrk f-*■ i*' r, I V-' Ir.. POPULATION AND EMPLOYMENT BY CITY f- N.A. |v.N/A p’’-L''Mala k-' V '»U.3.f? ' ■i. *City f «Yaar ) 19tO>S2 Comprebouive Plan UHiW.TAa .'1 lh' S' %■ K-'' i^v. '. ^i'.:I, ,A'"''. k i?K- I h:. K- I E- r-v:' R'r m City Greenfield Coiconn Corcoran Independence Independence Independence Independ Maple Plain Loretto ffedina Medina Orono Long Lake Orono Orono Orono Wayiata Minnetrista Minnetiista POPULATION AND EMPLOYMENT BY TAZ (For THU Traffic Forecasts) TAZ 657 660 661 691 692 693 694 695 696 696 697 751 752 752 753 754 762 740 742 1988 Estimate Pop. 1,545 958 1,401 168 1,247 533 823 1,803 345 1,515 1,520 1,016 2,770 1,802 1,828 763 608 345 1,240 Source:Metropolitan Council Emp. 60 116 123 21 20 25 34 1,500 300 365 1,135 32 1,600 46 83 52 209 4 24 2010 Forecast Pop. 1,750 829 2,075 176 1,305 558 861 2,200 400 1,585 2,415 1,144 2,900 2,029 2,057 859 995 289 1,227 Emp. 100 70 160 21 20 25 34 2,100 300 316 984 37 2,000 53 95 60 559 19 33 - '1 . '1 ;v' i'.. 1:^ ti'1=¥'•: pr - h.;.: I %r. ■ i *■- (■.,:.f ir .F o'•■^' .' •V. May 25, 1991 To: Mayor Peterson and Orono Council Members Thank you acain for taking a stand on Hwy 12 back in March. As we are all aware, the process is heating up and we are feeling a sense of urgency to gather information and find ways to support Orono's position as we work with MnDot. Both the North and South Orono Citizens groups are working together and independently to keep a freeway/expressway out of the Orono/Long Lake Community. We would like to see a more coordinated effort between our work and the city’s. We hope we can share our time, energy and resources with the city and vice versa. Do you think it would make some sense to have a few Council members who have been actively working with MnDot and Long Lake meet with us to strategise? We believe that by working together we improve the probability maintaining Orono’s character for a long time. No doubt you would agree that time is of the essence. A representative from our groups will be at the meeting Tuesday night for further discussion of this issue. Th«mk you. Sincerely, Citizens Concerned for Hwy 12 Bruce Carlson, Ann .and Dodd Cosgrove and Sherokee Use ^v. HINMESOTA DEPARTMENT OF TRAtJSPORTATION TRAFFIC FORCAoT FOR 2010 (NUMBER OF CARS /DAY ON EACH ROAD FOR DIFFERENT ROUTE CHOICES) ROAD 1991 «’s LUCE LINE * NB HWY 12 LOCE LIMB BOUTE 33300(at STDBBS BAY)0 0 0 (at WILLON)0 40000 0 0 (at ORONO ORCHARD)0 46000 0 0 CURRENT HWY 12 ROUTE (Downtown LL)18900 8100 23900 36000 (Willow)18000 7500 19000 35100 ORONO ORCHARD RD 100 360 80 270 BROWN RD (south of Fox)1400 4410 1790 1800 (north of Fox)1760 7850 2960 2890 WILLOW RD (Fox-Watertown)110 1900 260 110 (Watertown-12)1450 N/A 2010 1880 OLD CRYSTAL BAY (south of Fox)1150 7450 1500 1440 (north of Fox)640 200 950 880 FOX ST. (Crystal-Willow)640 10 1580 720 (Willow-Brown)730 220 1800 700 (Brown-O.Orchard)420 360 1580 '490 BAYSIDE (east of Tonkawa)860 4470 1070 190 (west of Tonkawa)750 2870 2880 2430 WATERTOWN Numbers are not good. MnDot has cars disappearing (Stubbs-Crystal)50 1020 1900 1730 (Crystal-Willow)50 N/A N/A N/A (Willow-Brown)140 N/A N/A N/A STUBBS BAY RD Numbers not available. EXAMPLE: In 1991.Brown Rd between Fox St and Hwy 12 has 1760 cars/day on it. 1[n 2010, Brown Rd between the Luce Line and Hwy 12 will have 7650 cars/day on it. * NB = NO BUILD OPTION; LL =LONG LAKE;N/A = NOT AVAILABLE u k r.- LUCE LINE Today... FREEWAY Tomorrow ?? Do you volue the oerenity and quiet of the Luce Line? What impact will a parallel highway with 40,000* vehicles a day have on the Luce Line? With your help working together we can SAVE THE LUCE LINE !! What can you do? 1. Sign dearly eo we can send you our upcoming mailings. 2. Star your name if you wish to work on a committee* 3. a dcmatloii to support this vital efifort* 4. BE PBSR^UED TO HEAR FROM US SOON ON THE NEXT STEP WE NEED TO TAKE. 6. up with your neighbors and friends. MnDot is stiid3riiig three Hwy 12 upgrades through Orono and Long Lake. One of weir favored routes parallels the Luce Line and Watertown Boad. . . . rtOr• j« II 1*8 official position of no fireeway/expressway or new ^ also means Long Lake. '#?S^%^l]iitd&i^we suimestirr&im ffie'T^ Burden* approachsuggei * r »* • e ZST.U....LT. 6.'». « N . ...4. — . - .V .... -i --------- ■ >> - - ' r. * ■ <■:•«/ At • r* i^.K - . t« * - ♦ iu.i 1 . ■ • * I . ^ .t. m ^ • m ^ * •• • « « w , • TIU Lm Mdns Commiiiss Bee ID Crytiol Bay, MN 553SS * ** ^ ** ** * • • a • * w «• . -i/ ?■, f.^ rI- |- •y •'• _ W r- 1." i"' MINNESOTA DEPARTMENT OF TRANSPORTATION TRAFFIC F0RCA3T FOR 2010 (NUMBER OF CAES PER DAY FOR EACH ROUTE CHOICE ) ROAD 1991 S’s LUCE LINE N6 HWY 12 ORONO ORCHARD RD 100 360 80 270 BROWN RD (south of Fox)1400 4410 1790 1800 (north of Fox)1760 7850 2960 2890 WILLOW RD (Fox-Watertown)110 1900 260 no (Watertown-12)1450 N/A 2010 1880 OLD CRYSTAL BAY (south of Fox)1150 7450 1500 a 1440 (north of Fox)€40 200 950 880 FOX ST. (Crystal-Willow)640 10 1580 720 (Willow-Brown)730 220 1800 700 (Brown-0.Orchard)420 360 1580 490 BAYSIDE (east of Tonkawa)860 4470 1070 190 (west of Tonkawa)750 2870 2880 2430 HATERTOHN Nunbers are not good, MnDot h? cars disappearing (ocubbs'Cnrstal) (Crystal-Willow) (Willow-Brown) 50 60 140 1820 N/A N/A 1900 N/A N/A 1730 N/A N/A 'TORRENT HWY 12 COBaiDCR VDowntown LL) MBBOil (Willow) ..i8oto ~ 'rOOO 19UU0 ^STORES BAY RO /Nuaibors not available, JInDot hawjcara disappori~‘^^^ ^^‘^“baainF^The "lArge 'Bayside M;;^uaiber8^en'terHlii^nc^ 4!'^’v*" Stubbs Bay intersection. M^pa#w—labw i-eh-ao mi -«j(yaaKV:¥t. T--: > . . BYPASS . . . . . . . . , _ - HB s NO BOILD OPTION . ► • - ' LL s LONG LAKE • i - t !t . .. N/A s NOT AVAILABLE - '. .—^VOCS^ LINE -= SOOTBEBN-WPASS:rO0TE 'ZTSSST^:^^ • — ^«e»a<<te< •« -Tt——i - 4* -> f % w* % »•• * til.. ; •» «• *»w ' «e. *'• * .r. -- «. « . 'Z • * .la* %% % •* « « m • *« va“ . >v;* S •• '->■'•• li I I ^ I t ! •••• •• I ! ■f TO: FROM: DATE: Mayor and City Council \1 iMark E. Bernhardscn, City Administratot^'\ May 17, 1991 X SUBJECT: Golf Course - Policy for Golf Rounds <? ISSDE - Determine formal policy for allowance of golf course employees to utilize the facilities. IMTOODUCTIOM - The City for an extended period of time has had an informal policy that allows golf course employees to play golf at no charge when they are not working and there is low use on the golf course. These have been accounted for by recording the rounds that the employees have used over the years. Recently the Public Works Director had received complaints from the public about this "privilege” as such it was felt that it would be an appropriate time to develop a formal policy regarding this. DISCUSSION “ Following is a survey of both public and private courses and their policies regarding use of rounds by golf course employees and other city employees. Dakar National (Hennepin Co. Park & Rec.) - Free golf for golf course employees. - Immediate family included. - Riding carts $2.00. - Bonn. Co. Park t Rec. full~time City employees and immediate family may golf free. New Hods Golf (City of New Hope) “ Free golf for golf course employees. 1/2 price for full-time City employees. Braemar Golf (City of Edina) - Free golffor golf course employees. - Immediate family included. - Free riding carts when not in demand. Brookview-^lf (City of Golden Valley) - Free golf for golf course employees (Mon.-Fri.) - Riding carts, $2.00 when not in demand. Gross-Golf (Mpls. Park 6 Rec.) - Free golf for golf course employees (unlimited). Hiyratha Golf (Mpls. Park & Rec.) - Free golf for golf course employees (unlimited). r.' ?. t ~ I r. ! ^ ’• J t- y i.¥r • {r :l N’.' I , li-. -iKf". 4? '■■ft bv .f_-- :‘-V. Golf Course-Policy for Golf Rounds May 17, 1991 Page 2 Wirth ParJwav Golf (Mpls. Park & Rec.) - Free golf for golf course employees Cunlimited). - Zmsiedlate family free (weekdays, when not busy). Birnaifood Golf (City of Burnsville) - Free golf for golf course employees. - 1/2 price on pull carts. (They have no riding carts). Edinburgh Golf (City of Brooklyn Park) - Free golf for golf course employees. - Full-time city employees get a discount when they show an esiployee card. Briahtwood Hills (City of New Brighton) - Free golf ^orgolf course employees. - Pull carts free. (They have no riding carts). Cantarbrook Golf (City of Brooklyn Center) - Free golf for golf course employees. Bunkar Hills (City of Coon Rapids) - Fraa golf for golf course employees. - Immadiata family included. - Riding carts free when not busy. Daifo Golf (City of Bloomington) - No tTM golf for employees. Graanhavan Gol^ (City of Anoka) - Fraa goli^ for golf course employees. - Riding carts free when not busy. Rich Acres (City of Richfield) - Ho fraa golf for employees. Vallavwood Golf (City of Apple Valley) - Ho official policy, but employees golf free when course is not busy. Privately Owned Public Golf Courses Lakaviaw Golf (Orono) & Red Oak Golf - #raa golf for golf course employees. - InsMdiata family included. - Biq>ioyaa may invite one guest per week. - Riding carts free when not in demand. Elm Craak Golf (Plymouth) - Fraa golf for amployees. - ZnsMdiata family included. - Riding carts free when not in demand. i tT•■V' t Golf Course-Policy for Golf Rounds May 17, 1991 Page 3 Shamrock ^If (Medina) - Free golf for employees - Riding carts free. Hollvdale Golf (Medina) - Free golf for employees. (They have no riding carts.) Chiaaoo Lakes Golf (Lindstrom) - Free golf for employees. - Immediate family Included. - Riding carts free. Deer Run G^lf (Victoria) - Free golf for employees (limited on weekends) - ImoMdiate family free. - Riding carts free (limited on weekends). - 1/2 price on food. Bluff Creek ^If (Chaska) - Free goll^ for employees. - One guest per week free. - Riding carts free. - Any food free while working. Parkview G?lf (Eagan) - Free goil 2or employees. - Xsmiediate family free. - Riding carts free. - Up to three golf balls and tees free. jJ K i.- i-i; I'?'" ,^-- . i -/ - ■ . ■ -■■ r L ■--> Golf Course-Policy for Golf Rounds May 17, 1991 Page 4 PROPOSAL FOR OROMO GOLF COURSE «1 - Golf course employees may golf weekdays at no charge. - Golf course employees may golf on weekerds at no charge before 7>00 a.m. or after 6:00 p.m. - Immediate family of golf course employees would be included, limited to the times listed above (children 18 and under only). - Employees and their families must register their name in log book before beginning play. - Also record the number of people in their group and the ticket number of each person. - Riding carts may be used by golf course employees at no charge if at least five (5) carts are still available. PROPOSAL FOR ORONO GOLF COURSE «2 Same as Proposal 41 except: - Riding carts may be used by golf course employees for $2.00 if at least five (5) carts are still available. ALTERNATIVES 1. Adopt as a formal policy option #1. 2. Adopt as a formal policy option #2. 3. Adopt as a formal policy modification of #1 or #2. 4. Do not adopt a formal policy. 5. Eliminate "free rounds of Golf" and substitute with: 1. P^y a higher wage to equal the amount of revenue equivalent to the amount played. 2. Eliminate the free golf. 6* Expand proposals and options 1 or 2 to include city employees RBCOMMENpATlON - I concur with John Gerhardson's recommendation that option #1 be utilized for golf course employees only. PROPOSED NOTION - Moved by Seconded by _, Council adopts a formal policy option #1 and directing the policy be reviewed every year to determine the total amount of revenue foregone by the policy. Ayes _, Nays _. cct John R. Gerhardson, Public Works Director Ron Steffenhagen, Golf Course Superintendant J r • m f:. rt/ k-:*- k t •5'^ 'ife TO: FROM: DATE: Mayor and City Council 51-91.8 JjLE % I Mark E. Bernhardson, City Administratol^'''^ May 17, 1991 SUBJECT: Liquor Violation Review Process Attachment: A, Liquor .iolation Review Process Memo Dated 5/8/91 ISSUE - Establishment of a review process for liquor license violations. INTRODUCTION - Attachment A was presented at your May 13, 1991 Council meeting but was tabled at staff request until your May 28# 1991 meeting. DISUCSSION - After further review of the process by the attorney# Ke indica ted that the process proposed in Attachment A is preferable from a legal standpoint to the "model" that we have used# having the Council both "judge and jury". ALTERNATIVES 1. Continue with the current process. 2. Adopt the proposed process. 3* Amend and adopt. 4. Table for further discussion. RECOMMENDATION - It is recommended that the new process be adopted as presented and that it be formalized or that Council review such matters. PROPOSED MOTION - Moved by _# seconded by _# that Council direct staff to present a formal procedure at the Council's next mc^eting incorporating the new procedure. Ayes # Nays cc: Chief Kilbo M /Irry^OiM^T'A" TO; Mayor and City Council 7B0M: Mark S. Bernhardson, City Administrator DAIS: May 8, 1991 SUBJECT; Liquor Violation Review Process 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^ staff will be bringing forward to Council potential violations of a liquor license in the City. In advance of that being brought forward staff felt appropri" ;e 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. 3. Utilize procedure as has been used in the past that Council consider it as a normal item of business. 4. Table for further discussion. rKCOM mend atION - It is recommended after any discussion or amendments tbat 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. ptocBss and present it as a formal procedure at the Council s next meeting. Ayes Nays ee; Chief Rilbo L . ft 1' t- ij.- j; 5. I li'. :i^iai2Ldk:iiA^ ^ mm • -% ^ ^ A A ^ ^ ^ ^ ^ • • A r»^^ A M-»- *2 ^ • •««»/ ^ w • Mar;: Berr.haraaar.. City Ainir.istratc ;.’ rara:M^l r; * V *k ^ ^ *i» Si^ <:li-3l o: rciio— -s T i A Re:Liquor Violation Review Process I have reviewed the Orono code and Minnesota statutes on liouor violations and spoke with Chief Dean Mooney of the * _ _ _ ___ _ _ _ _^ i ^Golden Valley Police Department in reference t procedures in license revocation matters. See Me.mc dated March 25. 1991 re«ardin4 that conversation. 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 license or permit or impose a civil fine not to exceed $2000 for each violation on a finding that the license or permit holder has failed to comply with an applicable statute, rule, or ordinance »*e-ating to alcoholic beverages. No suspension or ^ revocation takes effect until the hearing or permit nolier has b-^en afforded an opportunity for a hearing uncer sections 14.57 to 14.59 of the administrative proceaure act. This section does not require a political subdivision to conduct the hearing before an employee of the office or administrative hearing. Under Orono code 4.02, Subd. H. revocation or suspension, it states: The Council shaxl revoke the license upon conviction of any licensee or agent or employee or a licensee for violating any law relating to sale or^ possession of beer, wine or liquor upon premises of tne licensee, or if such revocation is .mandatory by Statute. If shall be made to appear at the hearing thereon, that sucn violation was not willful, the Council mar order suspension; provided, that revocation shall be ordered upon the third such violation or offense. No suspension or shall take effect until the licensee l^as 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 fn action calling the hearing. Such hearing shall be called by the Council upon written notice to the licensee served in 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 Coimcil use the following procedure in all revocation proceedings. After a notice has been given to the licensee of a violation, and a sufficient ) ) 5 4.02 which are to become effective other than cn the first day of the licensed year, the fee to be paid with the application shall be a pro rata share of the annual license fee. Licenses shall be valid only at one location and on the premises therein described. E. License Refundment in Certain Cases. In the event 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 !*.'cense 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 authorized 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 for any reasonable cause, refuse to grant any application. No license shall be granted to a person of qiiestionable moral character or business reputation. Licenses 9 all terminate only by expiration or revocation. H. Revocation or Suspension. The Council may, 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 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 until the licensee has been afforded an 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 by the Council upon written notice to the licensee served in 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. As additional restrictions or regulations on licensees under this Chapter, and in addition to grounds for revocation or ORONO CC 68 (4-1-84) r If i: Pr t-iii’ r i t I 5 4.02 suspension stated in the City « /nVt*''thV lioenlM’'suf?-rld*ot -tteruJ^^f U«nsed Vrs» ses^ to the salepermitted illegal licensee had knowledge of ?So7.ti?e JlcJnsirotUtera leriius dang'er' to pubUo health, safety, or welfare. I Corporate Applicants and Licensees, A corporate fStirSi' a?l the extent of such either individually or and show the number of dutv of each cocporate licensee change in. the ownership or beneficial interest ^ IrS^rH^r SSrprr”ioJ?“ana*^»y\sScrUoensr shaU the stock, transfer “Vlf*®thl shareh and the Ji5;s?ror"us"‘d«wnrna o«ice^^-y, '“stssaf; to ’irsci/sr^hS t^te\7.t<’trah^^7sVnVo^h%r ‘\U*^^^^ buainesa. The'^Council may *"y Vf ,h**es *“ a co^Atat® aeternlnatlon that a change in the businesslicensee or any change of ownership of any interest in t of any other licensee has actually .resulted in cne c... y control of the licensed Po?/"”® *® “its^ bo® JScrictU"thfu *4'Vak'’en until af\er a hearing by the Council on notice to the licensee. Subd. S. Duplicate Licenses. °'ci«k SithSSi action by the Council, upon “«"»«•;»,for Issuanle of 5;: ru;" l«t^. * All“'!?;pr??:re^tl.ns'^^^^ Cleany marked doplicatb . U ORONO CC (4-1-94) % •;V t': 6 I-: : 340A.41S LICENSE REVOCATION OR SUSPENSION. The iuchotif/ issuing or approving any retail permit under this chapter shall either suspend =f “P f or revoke the license or permit or impose a civil .me not to exceed 52,000 for each violation on a finding or oermit holder has failed to comply with an applicable Hatut"! rule! or ordinance relating to alcoholic beverages. t«o suspension or revocation takes effect ^fonsTl sr!o*n"!1/thr^d:ln!s:rau!e%!::Uu?e . :«•' Wis sectio; does no; reguire a conduct the hearing before an employee of the administrative heating. The Issuing s^'hority or the eommissioner may impose the ““^^o on a retail licensee who knowingly sells ^ \ another retail licensee for the purpose of resale, or o" » cttail Licensee who purchases alcoholic beverages rom retail licensee eor the purpose of resale. HIST:19SS e 248 s 70, 1985 c 305 art 6 s 15, 1985 = ^9 1 ISP1985 c IS art 2 s 3 subd 1, lSpl986 c 3 art 1 s 42. 1987 c 152 art 1 s 1, 1987 c 310 s 12, 1988 c 534 s 2 340A.416 LOCAL OPTION ELECTION. „a.4.;».?nn Subdivision 1. Petition. Upon receipt of a petitio signed by 30 percent of the persons voting at the last election or 200 registered voters residing in ^ whichever is less, a statutory city or home the fourth class shall place before the question of whether the city will issue intoxicat g g Subd. 2. Ballot quastion. The question of the rafarandum under this section must be on a separate i!sriuow the voters to vote either -for license- or -against ^^‘^Subd! 3. Bffuct of election results. If ^ of parsons voting on the referendum question the o ^ licSnsa- the city may not issue f a provided in this section. Subd. 4. Cartificaticn to secretary of state. The cleric or recorder must certify results of a unS« !hi. .action to th, secretary of state within ten days of ****suhd**s* Challenge ot election. Where the results of .. r^ferendi. under thi._section^.r. r. ^ • I DATE:March 25, 1991 TO:Mark Bemhardson, City Administrator FROM:Mel Kilbo, Chief of Police SUBJECT:Administrative hearings, liquor violations On Friday, March 22, 1991, I spoke with Chief Dean Mooney of the Golden Valley Police Department reference their procedures in license matters. Be indicated that they had run a sting operation after Oettinc complaints from citizens and found a number of violations in their off sale liquor stores. The clients pled guilty to the criminal charges. Under their ordinance, they must notify the license holder not more 30 days or less than 15 days, of a pending case. It must be a personal service, they generally have a police officer deliver the notice. In their proceedings the City Attorney presides over the and the Council sits as a Jury. The City Attorney swears in wittnesses and the Chief is usually the first witness. Be describes the incident and the facts thereto and idiether or not the licensee pled or wns found guilty of crialnal charges. In their ordinance the Chief must also decide whether the violation was a willful or non-willful one. It it be a willful violation, revocation in their ordinance is mandated. Very few t#illful ones come to the attention of the council and if a non'*willful one is found to be warranting license action by the council, it is a mandatory sentence of not less than 5 days. The timing of the days off is negotiated by the Chief of Police and the licensee mv%A after it has been agreed upon, the Chie:J sends a letter to the council indicating the days of suspension. w 51791.9 TOS Mayor and City Coucil 1 FROM:Mark E. Bernhardson, City -i 1 DATS:May 17, 1991 f 80BJBCT:Municipal Board Process o>. V\ '< A? a ^ ISSUE - Update Council on process regarding Municipal Board. INTRODUCTION - The issue was tabled last time for discussion during executive session. It should be noted that the hearing scheduled for the 29th, 30th and 31st have been delayed for at least 120 days as a result of the negotiations. PROPOSED MOTION - Moved by , seconded by __, Council accept the information present regarding the Municipal Board process. Ayes , Nays r- V- f:ft H.r t- S. , t. V • • %! ? 1 "tt.- m'tilm ■p- 'tXi ’ 1.* ■ t;> ’rt Jkif -r : • lb . i" mA' StiS ".itt',. >^-' 'Ll:te' *( ■ -r< ’■I?: ■ i ra . 52391.<J^%y 0 TO: FROM: DATE: Mayor and City Council John R. Gethardson, Public Works Director May 23, 1991 % % SUBJECT: Response to Complaint - 2160 Wayzata Boulevard At the Council meeting of May 13, 1991 Mr. William Wear of 2160 Wayzata Blvd. appeared to submit a complaint regarding the Highway 12 sewer and water improvement project. A complete answer is not available at this time as further correspondence was just received and forwarded to the City Attorney for review and response. I have discussed the matter with Mr. Wear, a complete recap of the events will be presented to Council for the June 10, 1991 Council meeting. TO;Mayor and City Council FBON:Mark E. Bernhardson, City Administrat Forwarded recommending acceptance. PROPOSED MOTION - Moved by _, seconded by _, to accept the information and to hopefully resolve the matter by the first Council meeting in June 1991. [■ S:h- .A:-E*- k i.-- I I H I I K;- r k: r^'- P h. m: - ■ -V - • o o i‘> iii '\ r \;^-fc. CITYof OROJW / »4 %»Wbo1^ >» A RESOLUTION OF THE CITY COUNCIL \>NO. A RESOLOTIOM OF APPRECIATION TO POLICE OFFICER JAY DEMBOOSKI WHEREAS* Jay Deinbouski is a member of the US Marine Reserves* and WHBSMAS* 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 i n Operation Desert Storm in the capacity of a military police officer* and WHEREAS* 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 was 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. NOW* THEREFORE BE IT RESOLVED* the City of Orono welcomes back Jay Dembouski and is proud of the job well done whil6 on active duty with the US Marine Corps. Adopted by the City Council of the City of Orono this 28th day of May* 1991. Barbara A.Peterson, Mayor ATTEST: Dorothy M. Hillin* City Clerk '»• A' 5,/' •/' r- r fri' i ■ : f ;t'- «! % 0 :. % % • 4WI/ -V To:Mark Bernhardson.. Tom Kushn. Finance - ^ -r \ -I ^ I ^ Z >• .-^ -^ i"^ V"-%\^ -?Jr % From: Lt. Gaxv Cheswi:!: R*:End of Probation - Officer Ja/ Oembcuski Aa of April 6. 1991, Officer Oemboueki has completed his probationar/ period. Officer Dembouskc has performed very well in his duties and i recommend his probati''n be ended and his salary continue to the next step level 1990 contract calls for S13.414 hourly. TO;Mayor and City Council FROM:Mark E. Bernhardson, City Admin is tratoi^^^ / Forwarded recommending approval. His active duty time counts toward time in service. PROPOSLD MOTION - Moved by seconded by the Orono City Council formally authorize the increase to $13,414 under the 1990 Contract for Officer Dembouski based on his satisfactory performance effective 4/6/91. Ayes _, Nays _• cc: Tom Kuehn, Finance Director Personnel File rJ ^1. ,1 t. I ■f-- r • •• c. ^=.X4^ ^ ci w ^ */-a/ - . i O •X -» v» ?- ^ ## 9 - - ✓ m ^ ■mm ^V* A. Frcm:-" -1 ^ Re:Resignation of V ^ ^i :er 4 ^*««W W*a/ ft « W 'w '4> You will r’ind enclosed a copy of Tir. Roberts resignation. His last day is the 3-11 shift on May 27, 1991. He wants his resignation effective May 29. 1991. He w.a.i employed by Oron..'> Poli.:e Department :>n 12, .6.'90' .as a temporary replacement for Officer DembousHi, who was .sent to active duty in the military. Officer Roberts has accepted a position with the Bloomington Police Department as a patrol officer. As he was a part-time .tfficar. ther for him. e are no benefits accrued I would like the Council to know Officer r.oberts Performed admirably during his tenure with t.;is Department. The E’ep.art.ment will mi.ss hc.3 professional attitude. TO: FROM: Mayor and City Council Mark E. Bernhardson, City .Administrato Forwarded recommending acceptance with appreciation for a job well done. PROPOSED MOTION - Moved by _, seconded by _ the Orono City Council accepts the resignation of Timothy Roberts from his temporary position as a patrol officer effective 5/29/91 with appreciation for his work and wishing him the best in his new position with the City of Bloomington. Ayes _, Navs _. F Or PoUg r " ^ 1 DeDart II eat M.H. Kilbo Chief of Wice Administration Non-Emerjency Emergency 473-7710 S44-9SII 911 Crysttl ■•r* MN SS323 44S Willow Driv* Umg Lak*. MN SS3S* i-;C'-r'- r;; -:0.r 0 k:- r, ^ir ^"■ ■t If- I B. H'fj ■ ^v ilvi K%j,mm-.. May 15, 1991 Melvin Kilbo Chief of Police 445 Willow Drive Long Lake, MM 55356 Dear Chief, Please accept my resianation t.om the Orono J^olice Department effective May 29, 1991. July Xast day of work will be the middle shift on May 27, 1991. !lv best wishes to you and all of my friends in the Department for the best in future successes. Sincerely, TimothyNjj. Roberts Stt^ Norm Minnminim Conmunma ol Orona Uong Mkum)nkM B-eh and Spring Park L. I b- '■/>' p: !■ ii F 1^' Ws Tox Mayor Peterson s Orono Council Members 52191.1 Oates 8id>jects ATTTA Mark E. Bernhardsonr City Administrator^ May 21, 1991 Hater Fowl Removal Program BUT - . <“ \ •> A - Carol Burgess Letter 5/17/91 Z880B - \ XT Detemine if Council desires to authorize the removal of water fowl in the Pheasant La%m area for 1991. 2.Determine if Council wants to continue the contribution to this effort. $200.00 IHTRODUCTIOM - In both 1989 and 1990 the City authorized the removal and agreed to contribute $200.00 to the removal program. 0Z8C088Z0N - Aa noted in the attached letter, Carol Burgess is again requesting the removal in what was originally anticipated to be a three or four year effort. As noted in her letter, there is an apparent reduction in the goose population during the July/August time frame, although during the migratory season a reduction has not been as noticable. ALTBMIATIVBS - 1. 2. 3. 4. Authorize removal of water fowl. Authorize contribution of $200.00. Take no action. Table for further discussion. IBCOmiEIIDATIOH - It is recommended that the Council authorize the resMsval of tiie water fowl at the Pheasant La«m area and to contibute 8200.00 for this effort during 1991. P80P088D MOTlOWt Moved by _, seconded by , that Council autnorize tne removal of the water fowl from the Pheasant Lawn area by Dr. Janes Cooper as has been done in the past years and the Jicity further agrees to contibute up to $200.00 towards this effort for the year 1991. Ayes ___, nays ... CCS Melvin Kilbo, Police Chief Carol Burgess, 2800 Pheasant Rd, Excelsior, MN fi5331 ! J r. V- r 0 HI ; i/ ♦ I T t r'3v 199 ' m;v L. 1 Mark Bernnarason. City Manaoer City of Orono P. 0. Box 86 OroTiO, MN 55323 Dear Mr. Bernhardson. w- tThe residents of the ---asani lawn area are again reouestma tne aocrova of the City to remove geese from our neighborhood. The goose removal orogram has been conducted by Dr. James Cooper of the university of Minnesota for the past two years. The removal of adult geese ana goslings in June of 1989 and 1990 significantly reduced the goose population in the Pheas^t Lawn Lagoon ana neighboring yards over the summer months of July and August, Dr. Cooper plans to be in our area for goose removal sometime during the third or fourth week of June. We appreciate the cooperation and financial assistance that tne City of Orono has given us in our efforts to reduce the goose population, we hope that the City win continue this support in 1991. Youi:s^t^uly. arol Burgess 2800 Pheasant Road Excelsior. MN 55331 471-9357 A c5219 Tot Mayor Peterson & Orono Council Members, Mark E. Bernhardson, City Administrate Dates Hay 21, 1991 %-fe,. ^ Snbjaets Administrator's Information CXmi-UP OATS “c Clean-up days were held on May 4th and May 11th and resulted in a total of 24 - 20 cubic yard containers being filled. The Public Works individuals did more separation this year which resulted in more metals being hauled to a scrap dealer for sale rather than to the land fill where the City would have to pay to dump it. There is noticable downturn in activity during the first weekend, in part because of the weather and also in part because surrounding communities had their clean-up day the weekend before. It is anticipated that the cost will be within the increased budget that had been budgeted for 1991. m TBAWSFSBS - <see attached) i 1 i' 'J: W!’-: Pfe\^0~- P^r-‘'/.k'.'- m^--fa?'"'.- it? 'd^pi|i iiift'X-v k. DATE 04/24/91 05/01/91 05/01/91 05/02/91 05/15/91 05/15/91 12690.1(81CITY OP OSONO IHVBSTHBHT TSJUI8ACT10M8 - ELECTRONIC HIRE TRANSFERS APRIL 10, 1991 TO HAY 15, 1991 TRANSFER FOR Purchased US Trees Rec Strip and Commercial Paper Net of Commercial Paper Matured Proceeds from Matured Fed Farm Credit Bank Bonds Net of Fed Farm Credit Bank Bonds Purchased Purchased Certificate of Deposit Interest on Fed Farm Credit Bank Bond Proceeds from Matured Repurchase Agreement, Net of Purchased Repurchase Agreement Proceeds from Matured Commercial Paper, Net of Purchased Commercial Paper FROM 1st Bank Lakes 1st Bank Mpls 1st Bank Lakes Marquette Bank Marquette Bank Dain Bosworth AMOUNT Dain Bosworth $ (63,455.55) 1st Bank Lakes 108,700.00 Dain Bosworth (95,000.00) 1st Bank Lakes 13,875.00 1st Bank Lakes 111,049.42 1st Bank Lakes 906.67 J m■¥ A P. «•r p i-^ d:'' ' 1-:- i i*:' ■'m. '< r\ AW'.' ■:v t t fI A mK, f I ;i - • U “3%«V'X 3 LIST 07 LICENSES FOR COUNCIL APPROVAL FOR MEETING OP May 28, 1991 % Septic System Installers -Dons Backhoe i Exc 11585 noth Street Cologne McCarty Water & Waste 6250 Highway 12 Maple Plain Garbage & Refuse Collectors -Baldy Sanitation lac 5906 Henry Street Maple Plain Westonka Sanitation 3146 Island View Mound Residential Kennel - Rodney Crawford 4705 North Shore Drive ii--i irrYof ORONO Crystal Bay, Miiuwao** 55323 lizBsz BUILDINC a zoning - 473-7357 assessing certif ica“te :ririsur»nce, and evidence_^o£ MPCA Cej--*^ si-fj ------------------------ (U lc^xiAiAf^ ^ 1. 2. 3. 4. Business or trade name Business address //C. Businas, phone ^r.L - Residence phone Name cer a of applicant^r company ® tification 7>-. (*^/clA A *V///IX^ if Pumper-- $ „..aIs this a Provisionaj. Gertie.ica-e. t . Si. 7.ToXfVrV^ Lsf «=eK^;2ar^X!^:*-' 8.Have you ever had a license revoked? When? Where ? 10. Do you do Municipal Sewer hook-ups? Yes_/ Do you pump out septic tanks? I'es /K- y. SUBMITTALS REQUIRED: i: fio=i??oJ1!rnsrIirpeiS^-‘-nd naming Cify of Orono obligee, _ The State_Plu^ers Send will ^Obligee, xne rj.u*i4A^=^^ -- - 3. SlO-50-100,000 minimum Certificate of Insurance, ''' “ 4. Corny of current MPCA Certificate or a^'o^.-Sits Se-wace Treatment ’.erkshop held xamteciately prior to ciirrent construction season. LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED. uZiJ,y. The undersigned hereby makes applica-ion Orono, Minnesota, for license to systems, and/or pusgi out septic tanks, citv of of the State of Minnesota and the OrdxnaneSs o^ the Cx y Ojrono. / / / f y'/ ^ Date 9/ Applicants Sicnature)/ /> ,/ / Staff recommendation Approval Reason for denial: __ _ _ City Council Action Date Date license mailed __ _ 'Denial Date irrr^cwoNO CnrtulBay.SEPTIC SYSTEM-INSTALLERS LICENSE APPLICATION Iv Iv E if h r Ur hi BUILDING * ZONING - 473-7357 assessing AU_qu.stions BOTO^wSdl:Sr,ria:nL ”;r,ffCr5iriific.tion or ISfc Su wlicHtions Ire eubjecr to a ten (10) day approval period. 1. Businees or trade name _ (^forfy I.Ci^ v, _, 2. Bueiness address (.■^‘7 /'Z> 3. Business phone Residence phone ^/V,- 4.Name of applicant or cas^any r^ certification > .//■. ■ nicr^ uX.. resentative holding MPCA 5.Type of certification held: _ _ Site evaluator _ _System designer • B Installer Pumper Is this a Provisional Certificate?Certificate No .It 6.no Certificate is held, provide evidence of attendance at one of the On-Site Sewage Treatment Workshops held immediately prior to the current construction season. Have you ever held a Septic System InstaUer license i^ Orono before? _ Most recent year ' - n_ . ^ « . — — «> fc • \ m m 8 Have you ever had a license revoked?— When? Where? « •• $ 10. Do you do Municipal Sewer hook-uts? Do*you pump out septic temks? Yes ^ No / ;X SUBMITTALS REQUIRED: */l. $25.00 license application fee. 2. $2000.00 license and permit bond naming City of Orono as at* On-Site Sewage Treatment Workshop held immediately prior to current construction season. i?'5hV‘ LICENSES WILL NOT BE PROCESSED UNTIL ALL ITEMS ARE SUBMITTED. List persons other than applicant who are authorized by you to apply for permits under your license The undersigned hereby makes application to the City of Orono, Minnesota, for license to install and repair septic systems, and/or punq? out septic tanks, subject to the laws of the State of Minnesota and the Ordinances of the City of Oronp. / Date f Applicants Signature » t , , /0 4 / * , / / Staff recommendation Approval t^V^^Denial Reason for denial: _____ City Council Action Date Date license mailed _ Date i • t - Approved Denied V !?• CITY or ORONO P.O. Box 66 Crystal Bayr MN 55323 473-7357 License Year Date Received Fee Paid _ _ Initials garbage a REPOSE COLLECTOR’S LICENSE APPLI^^ The undersigned wishes to operate the indicated business in the City of Orono and herewith makes application for a license to do so. ^ ^ Bvslnees/Firm ^^ •. (Streel^ Bosiiiees Phone Rnmber */*79~ 12 ■> (City)(State) (Zip Code) Applicant's Name f Address _ _ _ _^Mg - - - (Street) Phone RisBber a3g3 (City)(State) (Zip Code) Check One:individual Partnership Corporation Ihiaber of Vehicles to be used in Orono Description of Vehicles (attached list if more): Loaded Loaded Mfqr. Gross Wt. Rear Axle Wt. Size/Yards ^ae_ __<SLO cm OF__ License •msm-rnNK rt M212590 cm Ml General area of City served Schedule of Collection charges/ dates Approxisuite nusd>er of customers in Orono Location of dumping area _ _ Bl POR THIS APPLICATIOH TO BE COMPLETE, TOO MOST EEKTLOSE THE POLLOWIHGi surety bond in th. aiwunt o£ $1,000.$100.000-$300,000-S50,000, and 10-day cancellation clause. »* $30.00 flat rate fee, plus $15/truck, X^the owner and operator of the above business and I have paid all license fees Md SxeVrequired by law. The above information is correct. _ _ _ T- 4 /_ _ _ _ ___ _ _ _jL£. Applicant Date 3 CITY Approval OUI. Mt.r O'iTtAri. / iure of City Official Date I AbOi mCITY OF OROHO ?.0. 3ox 66 Crystal Bav, MN 53322 473-7357 License YearData Received Fee Paid _ _ Initia-kS garbage & REPOSE COIJ.ECTOR’S LICENSE APPLICATION ^ • w the indicated business in the City of Orono andth. under.i9»«d M op«raM herewith makes application for a i-cens Tsland Vie^>»r M<^und. Mn^ 55364 o O H— '>‘*1 (State) (Zip Cod^(Street; icity; ^•^4Phone Wunber ^l2- \ 379 RppUennt's Name Address -streeti Phone Vonber 472-2043 Cin OF OFiC.^ 4ffJCE tr-T-if 4 • wa W Wa v*v Cheek Ones Individual xxx Partnership i 7 zi^^Codie^n OSi CFECK 71 nertlpr-TtiM YOU Cotf pqrhtidb.^W J-.us/15/' IRiBber o£ Vehicles to be used in Orono-------------- D..cription of V.hiclo. Hfqr. cross Wt. Rear Axle Size/Yards ii 2 iA/r£R sn cct io>.n / S' License Number ‘13.^*6 V .7 O 031, 9 (Miiaral ar«« of City servod Scbodttlo of Colloction charges/ dates ^ :'^V Approximate number of customers in Orono Location o£ dumping area ., JM FOR THIS AFFLICATXOH TO BE CWLBTBr TOO MOST ESCLOSB THE FOLIOMIWS* ^!°®f,?fdi“*clause. ^ Amiual*f^i* a ------------------------------------------ r*“T“r'VJ’ I have paid all license fees ?.T ul!* tte*ib^*«'’iSfS™tiOT'is’correct. - - - -- - - - - - - - - -L . and‘/!!r Date C of applicstion.OBLYs ✓*** Approval Denial L'ture of city wYiciai XZHHEL LIC2NSZ APPLICATIONEffective January 1, 13 , to Jacanner 31, l?SL Ownar: ^—-- - - - - - - - - Prooarty Address; A‘ (include city anozipl Mailing Address (if different); Phone; (home) V71? - _____/S^'^ f..nn. - vi« ZDIMTIAL Kennel License Infopation; S25.00 (payment must accompany application) MaximuB No* of dogs to be )cept at one time; (over 3 months of age) Principal Breed; Purpose for more than 2 dogs;^ Dogs normally kept; ✓^_inside cuy jf op'^o nmCE OFFICE 1:115()0000 oi >£V ^5.0C -LTrv ,1 -ff A/-^•e W -A*.• • witrripr-.mw ya' ,^,rTAT> Kennel License Tnfopatip; $150.00 (payment must accompany application) ennel structure A*fU)AtyU*n CW nJy J V Hame of Business;__ (iSiSJ “ = breeding, ver.r.nary car», retaUrSTU:) Normal Business Hours: i^XMt Hours Contact; (name)(phone) Dog runs/exercise areas are;inside outside both •pprtVL/ end «t any other reasonable d»'i?9 tiea.ee duration* and the ondersigned agrees to abide by the cSuncil as part od any kennel lieaase approval. Date for City ) xanaei lai Date_ \/nds Approval^_<_ Denial . . .— Ni^Tr - — -r V ••• •- ^ ••-V • • m • • • • • V* ft ■ • • . ► f. b--. .'• • 9 m-^P h‘y^ % 05/12/91 PR CB PRREGOR V^Sc. % EMP • NAME 470204924 47168S060 S05662439 474563339 471840871 475443862 472503991 471729281 469526026 475989721 469026230 468821018 472529007 468701868507585424 469616562 468420832474667812 475380151477500666 475444249 471569863473141624 477647279 475246099 470118449504260307 472500574 470584708 121262417 472045960476018974 334506281 474822333 477028779 473108428 468909535 476783251 470700901 469848107 475382983 473746173 476447153 469629194 475569177 101268716 472563051 HALLZN. HANSEN. HANSXNQ JOHNSON JOSTROM ABRAHAMSON. FREDERIC ANDERSON. BRUCE L BERNHAROSON. MARK E BOBZIEN, SUE A BOSMA. JAMIE L BRINKHAUS. JOHN F CHESWICK. GARY B CHRISTIANSON. SALLY CORNICK. JAMES L DEMBOUSKI. JAY C DENNISON. TROY A ENGLISH III. IRVING ERICKSON. KURT R FISCHENICH, DAN T FRITZLER. iOHN M QAFFRON. MICHAEL P GERHAROSON. JOHN R GREGORY. JAMES D DOROTHY M STEVEN C CAROL J BRADLEY P FOREST J KARNITZ. RICKY 0 KILBO. MELVIN H KLEVANN JR. PAUL J KNUTSON. CHARLOTTE A KUEHN. THOMAS M LINOSTROM. DAVID J MABUSTH. JEANNE A MCWHITE. ROBERT B MILLS JR. WALTER H MOROWCZYNSKI. JAMES NAAB, THERESA L NELS6n, DAVID D OAS. dAnIEL 0 OBERAIGNER. SCOTT G OBRIEN. RANDY L OMAN. LYLE E PALMER. GREGORY A QUAST. WAYNE A RATHBUN. BARRY J ROBERTS. TIMOTHY W SKREEN. DALE S STEFFENHAQEN. RONALD STEVENS. BETTY G THOMTON MARK R 474663296 TOMCHECK. LAWRENCC 470704904 TOMCZYK. MARK W 475505292 VANG, BRUCE L 468629488 VEE. LINDA S 500403192 WALTERS. LINDA G 477881539 WECKMAN. STEPHEN J OPT YTD GROSS CURREN GROS 93 70.00 45.0 31 16298.50 1691.0 12 23963.60 2571.3 31 9565.07 958.7 12 5223 30 649.3 42 15193 71 1522 8 31 16000 00 1600.0 31 1885.60 193.3 31 16757 22 2042.331692 54 692.5 35 10 61 10.6. 31 16111.28 1498.2 31 14434.28 1522.9: 31 14700 51 1429.4 31 15156 96 1536.0( 33 13880.30 1392.254218265.16 1830.7. 42 13307.14 1489.6: 12 11965.19 1199.21 42 11190.48 1165.1(31 5377.02 519.5<31 16067 23 1831.02 93 330 00 152.5C 31 4284 11 411.72 31 21393.16 2150.41 61 120.00 120.OC151565.07 958.72 15 0374.49 2049.07 93 70.00 70.OC 33 18097.02 1743.54 93 60.00 40.00 93 422.63 133.88 31 15484.52 1804.62129690.92 1084.55 35 1375.20 291.22 93 396.00 192.50 42 9891.18 1131.09 92 11378 42 1541.29 33 14124.65 1392.25429647.01 92 13639 33 1459.46 92 11348.26 1177.IB 31 10257.18 1053.55 42 11402.07 1326.35 93 11981.79 1200.95 93 438.00 186.00 31 14362.57 1430.04 31 15867.72 1744.39 31 14258.21 1440.17 33 11456.58 1199.29 12 8197.88 892.97 15 11141.50 983.70 33 8771.01 945.12 9B.B99.4B m il- I- m .‘.4:7: IMl CITY or OtONO CHICK HO. CATC HCItSl HCttS2 HCII92HCIIS2 HCffS2ishiHCtf$2 HCIH2 HCMS2HCUS2 HCIIS2 HCIIS3 HCIIS4 HCMISHCII9S HCtm HCtlS7 HCIMt illllNeiait ii§iHCIIIIHCIMI )UHCMI HCItll Iir HCtlll HCSM3 .lift ■p::' 09/10/tl OS/lO/tl05/10/tl 0$/10/tl09/10/tl 09/10/tl 09/10/tl09/10/tl 09/10/tl09/10/tl09/10/tl09/10/tl 09/10/tl 09/10/tl 09/10/tl 09/10/tl 09/10/tl OS/lO/tl 09/10/tl 09/10/tl 09/10/tl09/10/tl 09/10/tln'AiM09/10/tl 09/10/tl 09/10/tl 09/10/tl 09/10/tl 09/10/tl 09/10/tl AIL //<•»» VJ\m*k^ CHECK REGISTERAMOUNTVENDOt ITEM DESCRIPTION ACCOUNT NO INV 147.tl SAFE BENE SPEC BILLING 01-1050-000-00 147.11 419.01 1ST NATL FICA 4/2 01-4142-039-12 451.71 1ST NATL FICA 4/2 01-4142-069-15 94.12 1ST NATL FICA 4/2 01-4142-111-31 124.et 1ST NATL FICA 4/2 01-4142-119-31 33.41 1ST NATL FICA 4/2 01-4142-121-31 490.11 1ST NATL FICA 4/2 01-4142-174-33 11 40 1ST NATL FICA 4/2 01-4142-1I5-3S 9tl.31 1ST NATL FICA 4/2 01-4142-249-42 102 10 1ST NATL FICA 4/2 72-4142-549-91 153.16 1ST NATL FICA 4/2 73-4142-569-92 St.03 1ST NATL FICA 4/2 74-4142-590-93 2,529 11 m 140.07 LUNDS MTG 01-4356-020-11 140.07 m 673.49 STAR TRIBUNE AD 74-4323-590-93 673.49 127.68 POSTMATER SWR/WTR BILLING 72-4321-549-91 191.92 POSTMATER SWR/WTR BILLING 73-4321-569-92 319.20 m * 91.00 POSTMASTER POSTAGE 01-4321-059-14 91.00 • 250.00 PETTY CASH GOLF PETTY CASH 74-1042-000-00 250.00 C 11.07 CITY Of r'ONO REIMS PETTY CASH 01-4210-020-116.95 CITY OF Oi.ONO REIMS PETTY CASH 01-4210-129-31 6.59 CITY OF ORONO REIMS petty cash 01-4210-174-331.25 CITY OF ORONO REIMS PETTY CASH 01-4232-129-31I.SI CITY OF ORONO REIMB PETTY CASH 01-4243-129-31111CITY OF ORONO REIMS PETTY CASH 01-4321-039-125.10 CITY OF ORONO REIMB PETTY CASH 01-4321-059-144.69 CITY OF ORONO REIMB PETTY CASH 01-4321-129-3115.25 CITY OF ORONO REIP3 PETTY CASH 01-4381-129-3124.19 CITY OF ORONO RE IB PETTY CASH 01-4312-039-125.00 CITY OF ORONO REIMS PETTY CASH 01-4313-129-3197.45 m 200.76 SAFE BENE SPEC BILLING 01-1050-000-00200.76 t 15.00 60VNT TRAINING CLASS 01-4356-129-3115.00 H 900 00 POSTMASTER POSTAGE 01-1262-000-00 04-30*91 PAGE 1 t P.O • MESSAGE * MANUAL MANUAL MANUAL MANUAL MANUAL MANUALMANUAL MANUAL MANUAL MANUALMANUAL MANUAL MANUAL MANUAL MANUALMANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUALMANUAL MANUALMANUAL MANUAL MANUAL MANUAL MANUAL ••*-CKS MANUAL •••-CKS MANUAL .ii IMl CITY or ORONO CHECK REGISTERCNCCR NO.DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INV900.00 m NCItM 09/10/91 59.00 59.00 • U OF NEB SEMINAR PETERSON 01-4356-020-11 NCtitS MCtIfS 05/10/91 05/10/91 1,150.54 141.51 1,999.05 • SAFE BENE SAFE BENE MAY FEE MAY FEE 01-1050-000-00 01-4306-299-72 HC99f9 05/10/91 31 00 31.00 a MN SAFETY C DINNER HTQ 01-4356-129-31 NCII97 05/10/91 110 46 110 46 a GROUP HEALTH MORAN INS 01-4151-129-31 04-30-91 PAGE 2 I P 0. • MESSAGE NCtttO HCtItO NCMtO •to Ittttto iciito NCttCO mm: OS/lO/91 OS/lO/tl OS/10/91 OS/lO/fll OS/10/91 OS/10/91 OS/10/91 09/10/91 09/10/91 09/10/91 09/10/91 09/10/91 II 440 291S4 129 33 490IS 611 96 144 II 2.429 39 69 21 27 00 03 1141 34 99 II 72 72 • 6,046.95 326.37 419.96 1,100.20 9,963.01 1ST NATL FICA 4/17 1ST NATL FICA 1ST NATL FICA 4/17 1ST NATL FICA 4/17 1ST NATL FICA 4/17 1ST NATL FICA 4/17 1ST NATL FICA 4/17 1ST NATL FICA 4/17 1ST NATL FICA 4/17 1ST NATL FICA 4/17 1ST NATL FICA 4/17 1ST NATL FICA 4/17 FUND 01 TOTAL FUND 72 TOTAL FUND 73 TOTAL FUND 74 TOTAL TOTAL 01-4142 01-4142 01-4142 01-4142 01-4142 01-4142 01-4142 01-4142 01-4142 72- 4142 73- 4142 74- 4142 020-11 039-12 069-19 111-31 115-31 121-31 174-33 115-35 249-42 549-91 969-92 590-93 GENERAL FUND WATER OPERATING FUND SEWER OPERATING FUND GOLF COURSE OPERATING FD MANUAL MANUAL MANUAL MANUAL MANUAL ■ an -CKS MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL MANUAL •■•-CKS ;3 ■i im CITY OF OiONO CMCCK NO. PATC t««037 •••••• 141071 074 074m\ 41074 OS/21/41 OS/21/81 05/21/91 05/21/91 05/21/91nm\09/21/9109/21/9109/21/91 09/21/91 09/21/9109/21/91 05/21/91 CHECK REQXSTER AMOUNT ITEM DESCRIPTION ACCOUNT NO. INV 05-24-81 PAGE 1 9 P.O. 4 MESSAGE 1.25 3.04 4.33 • AT A T COMM AT A T com TELEPHONE TELEPHONE 01-4320-129-31 01-4320-175-34 153.74 153.76 • AUGIES MOBILE CHEi’SANDWICHES 74-4402-591-94 44.0044.00 BOBZIEN\SUE A SHOES 01-4221-129-31 50373335 ISO75 1.449103240 9599045 454.131 .00 .63 .23.00.00 .70 .00 .00 .32.00 .00 .00 .19 BONESTROOBONESTROOBONESTROO BONESTROOBONESTROO BONESTROOBONESTROOBONESTROO BONESTROO BONESTROOBONESTROO BONESTROO ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ROSENE ASN ENG RETAINER MARCH ENG CONSULT MARCH MSA BRIDGE INSP PRIVATE ROAD MILEAGE ENG WOLVATNE MAR ENG APPLIC MARCH PUMPHS 43 GENERATOR WTR WELL FREEZE UP INSP PUMPHSE 43 MAR MWCC TURN BACK LS43 PREP RECORD PLANS PREP RECORD PLANS 01-430401-4305 01-4305 01-430501-4305 01-430572-430572-4306 72- 4306 73- 4305 73-4306 73-4306 200-41 200-41 249-42 249-42440-71 440-71 437-85 437-85 437-85 569-92 433- 81 434- 82 ••-CKS •••-CKS •••-CKS •••-CKS 1 im1, 05/21/91 09/21/91 5.00 9.60 14.60 • BUDGET PRINTING BUDGET PRINTING OFFICE SUPPLIES PRINTING 01-4210-174-33 01-4322-249-42 •••-CKS I4BI24r •••••• 09/21/91 349.90 349.90 ‘ COCA COLA VENDING POP 74-4802-591-94 •••-CKS 1 t»iis S. - r >> 09/21/91 09/21/91 65.16 156.12 221.28 • COLONIAL LIFE INS CO COLONIAL LIFE INS CO MAY INS MAY INS 01-4151-121-31 01-4151-129-31 •••-CKS ^ ia\n r.; 05/21/91 05/21/91 11.83 216.99 228.82 • COPY OUP PR INC COPY OUP PR INC CLEAN KIT RENTAL 01-4210-129-31 01-4210-129-31 1 !»i8 ■'ii:' •r - '•! _ 05/21/91 05/21/91 8.99 25.65 COMMERCIAL LIFE/QRP COMMERCIAL LIFE/GRP MAY INS MAY INS 01-4152-039-12 01-4152-069-15 Ip- '»■.'' itti cm or MONOCNCGN NO. DATE141143141143 141143 141143 141143 141143 141143 141143 141143 141147 i4tai2 m 14MM If * 'm 164264 W1te. ff.' ■ 141330 ■•••••a k'-. hv. 146334 1 OS/21/1105/>l/»l OS/21/41 OS/21/41 OS/21/41 OS/21/41 OS/21/41 OS/21/41 OS/21/41 OS/21/41 OS/21/41 OS/21/41 OS/21/41 OS/21/41 OS/21/41 OS/21/41 OS/21/41 08/21/41 OS/21/41 OS/21/41 OS/21/41 OS/21/41 OS/21/41 08/21/41 AMOUNT 10.00 4.IS 3.40 $4.40 4.44 20.14 1.42 2.13 .4$ 144.27 14.40 14.40 • 24.05 24.0$ • 2.2S 44.Si 40.34 137.12 304.00 304.00 • 321 210 420 344 117 231 1.444 44 16 32 42 42 00 $4 24 00 24.00 • 150.75 150.75 • 141.20 CHECK REOISTERVENOMCOMMERCIALCOMMERCIAL C044CRCIAL COMMERCIAL C044CRCIAL COMMERCIAL COIOCRCIAL COMCRCIAL C0M4ERCIAL LIFE/GRPLIFE/GRP LIFE/6RP LIFE/GRP LIFE/GRP LIFE/GRP LIFE/GRP LIFE/GRP LIFE/GRP CROWN MARKING INC EXPRESS MESSENGER GENUINE PARTS CO GENUINE PARTS CO GENUINE PARTS CO GOVERNMT TRAING SERV GROUP GROUP GROUP GROUPGROUP GROUP HEALTH INC HEALTH INC HEALTH INC HEALTH INC HEALTH INC HEALTH INC HAPPVS POTATO CHIP ICMA RETIREMNT TRUST INNOVATIVE MICROGRAP ITEM OESCRIPTIONMAY INS MAY INS MAY INS MAY INS MAY INS MAY INS MAY INS MAY INS MAY INS NAME PLATE POSTAGE SUPPLIES PARTS PARTS CLASS ENGLISH JUNE INS JUNE INS JUNE INS JUNE INS JUNE INS JUNE INS CHIPS ICMA 4/29-5/12 MICRO FILM ACCOUNT NO. ZNV01-415201-415201-4152 01-4152 01-4152 01-4152 72- 4152 73- 4152 74- 4152 121-31121-31 126-31 129-31 174-33 249-42 549-91 $69-92 $90-93 01-4210-039-12 01-4321-039-12 01-4210-129-31 01-4232-249-42 72-4234-549-91 01-4356-129-31 01-387201-4151 01-4151 01-415101-4151 74-4151 000-00 121-31 126-31 129-31 174-33 590-93 74-4802-591-94 01-4140-039-12 01-4306-039-12 OS-28-91 PAGE 4 P.O 4 HESIAQE -CKS M M M -CKS ■ • ■ .CKS •••-CKS CKS -CKS ••"-CKS •••-CKS j ■A. --h IMi CITY OF OiONO CHICK NO. DATE i4iaii lAtsts 14IStf “•*u 141437141437 \iXSfill 14I4S1 141410 141412 141417 mMP OS/21/11 OS/21/11 OS/21/11 CHECK REGISTERAMOUNT 141.20 * VENDOR ITEM DESCRIPTION 270.00 270.00 • KEYS WELL DRILLING WELL #3 REPAIR 12.0015.25 17.25 • KOEHNENS STANDARD KOEHNENS STANDARD OILAUTO REPAIR ACCOUNT NO INV 72-4531-437-85 01-4220-129-31 01-4341-129-31 OS/21/11 41.49 LOQIS - SUITE 300 LABEL RECYCLING 01-4210-295-65 OS/21/11 23.11 LOGIS • SUITE 300 DATA PRO-APR 01-4352-039-12OS/21/11 791.11 LOQIS - SUITE 300 LOQIS APPL SUPP APR 01-4352-069-15S3/21/11 451.10 LOQIS - SUITE 300 LOGIS APPL SUPP APR 01-4352-129-31240.77 LOQIS - SUITE 300 LOQIS APPL SUPP APR 01-4352-174-33 480.11 LOQIS • SUITE 300 DATA PROC-APR 01-4355-019-15 OS/21/11 717.43 LOQIS - SUITE 300 DATA PROC-APR 01-4355-129-31W/21/11 327.71 LOQIS - SUITE 300 DATA PROC-APR 01-4355-174-33 144.41 LOQIS - SUITE 300 LOGIS APPL SUPP APR 72-4352-549-91100.SI LCQIS - SUITE 300 DATA PROC-APR 72-4395-541-91337.07 LOQIS - SUITE 300 LOQIS APPL SUPP APR 73-4352-519-92271.42 3.11S.19 • LOQIS - SUITE 300 DATA PROC-APR 73-4355-569-92 OS/21/11 13.31 CITY OF LONG LAKE FLASHER 01-4325-249-42OS/21/11 68.13 13.01 •CITY OF LONG LAKE LIFT ST 73-4344-569-92 OS/21/11 1.21 MABUSTH-JEANNE TELEPHONE 01-4320-174-33OS/21/11 211.71 MABUSTH-JEANNE SEMINAR 01-4356-174-33OS/21/11 91.10 323.77 •MABUSTH-JEANNE MILEAE 01-4361-174-33 OS/21/11 110.50 110.50 • MARK VII DIST BEER 74-4815-591-94 OS/21/11 1.314.21 1.314.21 •MARTINS NAVARRE 66 AUTO REPAIR 01-4341-129-31 OS/21/11 120.00 MED CTR HEALTH CARE JUNE INS 01-4151-039-12 05-28-91 PAGE 3 • P O f MESSAGE •**-CKS •••-CKS •••-CKS •••-CKS •••-CKS A M A -CKS •••-CKS •••-CKS I;, 1991 CITY CNCCK NO OF OiONO DATE AMOUNT CHECK REGISTERVENDOR ITEM DESCRIPTION ACCOUNT NO INV.05-29-91 PAGE 4• P 0 9 MESSAGE149497149467 149467 149467 05/21/9105/21/91 05/21/91 05/21/91 120.00 120.00 462.00 351 00 1,173.00 ■ MEO CTR HEALTH CARE MED CTR HEALTH CARE MED CTR HEALTH CARE MED CTR HEALTH CARE JUNE INS JUNE INS JUNE INS JUNE INS 01-4151-069-1501-4151-129-3101-4151-174-33 01-4151-249-42 •••-CKS 149474 149474 149474 05/21/91 05/21/91 05/21/91 10.957.00- 10.957 .00 10.957.00 10.957.00 • METRO WASTE METRO WASTE METRO WASTE JUNE FEE JUNE FEE JUNE FEE 73-1212-000-00 73-1212-000-00 73-1292-000-00 •••-CKS 149477 149477 149477 149477m, 05/21/91 05/21/91 05/21/91 05/21/91 05/21/91 05/21/91 05/21/91 49.15 64.47 11.71 11.71 11.79 36.61 11.7t 197.35 ‘ MIDWEST BSNS MIDWEST BSNS MIDWEST BSNS MIDWEST BSNS MIDWEST BSNS MIDWEST BSNS MIDWEST BSNS PROD PROD PROD PRODPROD PROD PRW TAPES SUPPLIES SUPPLIES SUPPLIES SUPPLIESSUPPLIES SUPPLIES 01-4210-039-12 01-4210-039-12 01-4210*059-14 01-4210-069-15 01-4210-129-31 01-4210-174-33 01-4210-249-42 •••-CKS 149490 05/21/91 201.54 201 54 ■ MIDWEST ASPHALT ASPHALT 01-4233-249-42 •••-CKS 149495 05/21/91 59.14 59 14 • MPLS OXYGEN CO OXYGEN 01-4232-129-31 •••-CKS 149490 L49460 49490 149490 05/21/91 05/21/91 05/21/91 05/21/91 242.10 19.24 3.44 309.74 C V < ft O * MINNEGASCO MINNEGASCO MINNEGASCO MINNEGASCO UTILITIES UTILITIES UTILITIES UTILITIES 01-4324-099-17 01-4324-129-31 72- 4324-549-91 73- 4324-569-92 14tS4t 141141 m OS/21/tt 0S/2t/41 OS/21/tl OS/21/91 OS/21/91 05/21/91 05/21/91 ll|lh mm ■ ■■ym-:mm,..: ■>' r. . e It 194 11 11 7 11 29 39 32 26 94 63 29 19 77 7.06 266.12 NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE NAVARRE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE HARDWARE PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS PARTS 01-4231 01-4232 01-4232 01-4232 01-4233 72-4232 72- 4234 73- 4232 74- 4232 099-17 129-31 249-42 290-61 249-42 S49-91 549-91 >569-62 -590-93 •••-CKS •••-CKS IMl CITY or OdOMO CHCCK NO. DATE 14tSt2 14MI7 t4MU **•••• 14IM2 144442 14447S ■ f-' * $ 144443 144M2 4'^ I44714 i 144740 144740 u ■nr-* >r-:lU77t i:'l'-': 144749 ntj; 09/21/41 09/21/41 09/21/41 09/21/41 09/21/41 09/21/91 09/21/91 09/21/91 09/21/91 09/21/41 09/21/41 09/21/91 09/21/91 m •• AMOUNT 11.72 14.72 • 4.269.57 4.265.57 • 39.57 36 57 • 91.30 10.00- 41.30 • 2.346.75 2.366.75 * 4.525.00 4.525.00 • 3.333.00 3.333.00 • 35.00 35.00 * 22 ;s 99.15 122.21 • 157 50 157.50 • 1,100.00 1,100.00 • CHECK 9EGISTERVCNOOR ITEM DESCRIPTION OHAN/LYLE PUBLIC EMPL RET ASSN PERRYS TRUCK REPAIR REED VENDING REED VENDING ROLLINS OIL CO RUFFRIOGE-JOHNSON SATHE A ASSOC INC DIXIE PETRO-CHEM STREICHERS STREICHERS THORPE DIST CO TWIN CITY STRIPPING MILEAGE PERA 4/29-5/12 REPAIR CANDY A CIGETS CANDY A CIGETS GASOLINE OILER SPRAY BAR POLICE CHIEF SEARCH DEMIRRAAGE HOLDERFLASHLIGHTS BEER ST STRIPPING 05-28-91 PAGE 5 ACCOUNT NO. INV. 4 P O. i MESSAGE 01-4381-174-33 01-2031-000-00 01-4341-249-42 74-4802-591-94 74-4802-591-94 01-1260-000-00 14-4560-633-00 01-4306-299-72 72-4234-549-91 01-4221-129-31 01-4232-129-31 74-4815-591-94 01-4233-249-42 ***-CKS •••-CKS •••-CKS •••-CKS N • N -CKS N * H -CKS -CKS •••-CKS -CKS •••-CKS a Itti CITY OF ORONO CHECK REGISTERCHECK NO.DATE AMOUNT VEWXM ITEM DESCRIPTION ACCOUNT NO. IN\14«7»f 05/21/41 86.7586.75 *UNIFORMS UNLIMITED UNIFORM BOBZIEN 01-4221-129-31 t4ffit 05/21/41 45.94 US WEST COMMUN TELEPHONE 01-4320-129-31H!!»24.62 US WEST COMMUN TELEPHONE 01-4320-249-4214II1Iis«a 05/21/41 27.41 US WEST COMMUN DATA PROC 01-4355-069-15 22.42 US WEST COMMUN DATA PROC 72-4355-549-9105/21/41 33.22 151.61 US WEST COMMUN DATA PROC 73-4355-569-92 14S424 05/21/41 873.60 673.60 WALOOR PUMP IMPELLAR 73-4344-569-92 14H31 05/21/41 12.22 12 22 n WALTERS LINDA MILEAGE MAY 73-4381-569-92 14tl4i 05/21/41 162.45 162.45 m WATER PRODUCTS CO WTR METER 72-1273-000-00 t4M01 05/21/41 45.00 45.00 m ASSOC TRG OFFICER SEMINAR TOMCHECK 01-4356-129-31 14IMt 05/21/41 50.00 50.00 EXCHEQUER REGISTER REPAIR CASH REG 74-4342-590-93 14lf04 05/21/41 72.00 72.00 • L VIVA VISORS 74-4801-591-94 14tt09 05/21/41 643.50 643.50 METRO WASTE APRIL SAC FEE 01-2226-000-00 14ttM 05/21/41 50.00 50.00 m ROBERT PANUSKA PD AUCTION 01-3790-000-00 14U07•05/21/41 14.00 14.00 WESTONKA QLSS SERV REPAIR WINDOW 01-4343-099-17 14H0I 05/21/41 17.00 17.00 M TRI K SPORTS REPAIR MOWER 74-4342-590-93 i4tt0t . 05/21/41 45.00 45.00 DONNA QANGELHOFF PICK UP DEER 01-4360-185-35 OS-28-91 PAGE •••-CKS •••-CKS •••-CKS •••-CKS -CKS -CKS j itti CITY or oioiio CHECK REGISTER OS-2S-91 PAGECHICK HO.DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO INVUltlO09/21/81 12.90 12.50 >ST PAUL PIONEER PRS AD 74-4322-590-83 141111 09/21/81 289.00 289.00 •PUBLICORP IN LL ANNEXATION 01-4306-299-72 14II12 09/21/81 108.00 108.00 • MARK BERNHAROSON ANNUAL CONFERENCE 01-43S6-039-12 hSh^^ ^lO 09/21/81 5.000.00 5.000.00 • 'fe.oiT f\CCl GAGNE kANIL>to EARNEST MONEY 15-4511-651-00 29.079.814,529.009,000.00 2.137.33 13.078.801.341.37 FUND 01 TOTAL FUND 14 TOTAL FUND 15 TOTAL FUND 72 TOTAL FUND 73 TOTAL FUND 74 TOTAL GENERAL FUND IMPROVE 4 EQUIP OUTLAY BUILDNG CAPITAL OUTLAY WATER OPERATING FUND SEWER OPERATING FUND GOLF COURSE OPERATING 1 F F FO 51,158.38 TOTAL if"' *■;!> ft"' ft' mi?’.in Ife. m •••-CKS •••-CKS iaili r 1USERACCOUNTINO 00 1991 CITY OF NUMBER OF NUMBER OF NUMBER OF LEVEL LEVEL LEVEL LEVEL LEVEL LEVEL LEVEL LEVEL LEVEL LEVEL REFORTORONOREPORTS UPDATES RECORDS 1 2 3 4 5 9 7 I 9 0 TOTAL GCHUNIS FINANCIAL SYSTEM29 0 I.OIS 0 0 0 34 0 0 0 0 2 1.053 UPDATE DESCRIPTIONS SUMMARY FILE PAYROLL BENEFIT ACCRUAL ACTIVITY REPORT CHECK REGISTER TRIAL BALANCE BALANCE SHEET REVENUE STATEMENT OPERATING STATEMENT BUDGET WORKSHEETS CLEAR-CURR-MONTH CITY FILE OPTION PROJECT DEPARTMENT CHART OF ACCOUNTS MO CHECK RECONCILE YEAR TO DATE PERIOD BUDGET RECORDS CREATED 0 0 A 0 3 0 0 0 0 0 0 0 X 0 04 05/21/91 PAGEFINANCIAL REPORTS SCHEDULED RUN DATE REPORT DATE 000000 000000 ACTIVITY REPORTS SCHEDULED RUN DATE REPORT DATE 052191 052991 PAYROLL POSTING DATES 000000 000000 0000. 000000 ■ymc,I f\ t .r>r: J. /t 6u.n ( ■'i>‘ ot MEETING may 2 8 1991 CnVOFORONO \ . I'.. r • V. '•r 'M MINUTES OF THE REGULAR MEETING OF THE SCHOOL BOARD OF ORONO INDEPENDENT SCHOOL DISTRICT NO. 278 HELD ON APRIL 22. 1991 The regular meeting of the School Board of Orono Independent Scho. 278 was held on Monday. April 22, 1991. ’fict No. Present: David McKown Don Anderson Lucie Taylor Jor.n Maresh Peg Swanson Thomas Micii William Fenholt Absent: Ja"ies Franklin UPON MOTION by Lucie Taylor, seconded by Jonn Maresh, the consent agenda was approved as follows: • approved the minutes of the April 8. 1991 regular meeting; - approved the request of Sarah McDermot*. Orono Primary School teacher, for a leave of absence following her maternity disability leave, the extended leave would be for the remainder of the fall semester of the 1991-92 school year; - accepted the R. J. Dunlap scholarship; • contributed S200.00 to the Orono Education Association to offset costs of the recognition/retirement breakfast held at the end of the school year; - approved the Activity Fund Report for third quarter, 1991; • approved the bills as covered by vouchers 069492 through 069594. Motion carried. Or. Mich reported that on April 9 the Early Childhood Family Education program sponsored an informational session for parents with representatives from area social service agencies; that lean Brown. Roseville School District, has been in our District this past week to review/study Orono's health c'-'e service and a report/recommendations will be given to the Board at a latt ^.te; that the Board will receive, at a later date, a copy of a report from the Minnesota Business Partnership which addresses a number of education issues; that he and Dave McKown met recently with representatives of the organization Interested in building a hockey arena/multipurpose athletic facility at tdiich time they encouraged the representatives to contact the six communities that the District serves seeking assurance of their support for this facility and once this support is in place^. Mr. McKown and he would again meet with the representatives; that negot" ?tions have begun with the Crono Community Church regarding the School Age thiSd Program and that Board approval will be necessary the negotiations K/i^e L<een completed; that he wanted to remind the Board of • three celebration/open houses for the Orono Education Link to be held on April 25, 26 and 26; that two plaques will be displayed in Room 107L, one which denotes past/present Board members and the years served in the District and one which denotes past/present Superintendents and the years served in the District; that he wanted to express a. -reciation to the Development Committee for a successful staff development program on April 19 and that tapes are available for Board members to view. u h t r Don Anderson and John Maresh briefly reported to the Board on the NS8A Convention which they attended April 13 - 16, 1991 in San Francisco* California. Don Anderson reported that class size, middle school student participation and varsity athletics were topics of discussion at the Teacher Meet and Confer meeting held on April 10, 1991. t.ucle Taylor reported that the Technology Committee has developed a rough draft of current needs and guidelines for the future and is now beginning to review/study financing and should have a presentation ready for the Board at the Jur.« ’••eting. UPON MOTION by Don Anderson, seconded by Lucie Taylor, the Board of Education approved the Policy Series 3000 and 4000 and the accompanying procedures for the Orono School District. Or. Mich responded to questions from the Board for clarification purposes reiterating that, once the policy book is complete, a systematic review system will be developed that will take place on an annual basis. Motion carried. Or. Mich updated the Board on the latest information from the current legisla tive session and Board discussion ensued regarding concerns/frustrations with the current legislation and the impact it would have on the School District. Or. Mich complimented the Board for all of the time/effort they have put forth In trying to impact the legislature and stated that, by the next meeting, hope fully there will be a more clear view of the direction of the legislature. Or. Mich presented to the Board a draft proposal for a long-range planning pro cess which would assist the District in continuing its posture of responsible effectiveness for the next three to five years. He stated that, in August, mem bers of the Board of Education will identify a series of topics for con sideration, task forces and the steering committee would be established and begin their work In the fall of the school year with a target date for a final report to the Board sometime in March, 1992. Or. Mich presented to tne Board the policies and procedures for Series 5000 (Student Tavsonnel) and S<>ries 6000 (Instructional Program) as a first reading and he responded to questions from the Board. Approval of series 5000 and 6000 will take place at the May 13 meeting. Or. Mich presented the Mission Statement and Instructional Goals, as a first reading, which must be reviewed on sn annual basis by the Board of Education to fulfill the quirement of the planning, evaluating and reporting legislation. The consensu*. - the Boird was that a work session should follow the May 13 ^ard meef* >n order to review/revise the instructional goals. Mr. Ron Gilbert reported to the Board on the Minnesota Auiumated Reported Student System (MARSS), a system which is being mandated by the State to begin In 1991*92. Mr. Gilbert stated that this system will be run in conjunction with TIES and provides for the automated collection of student information and evcn- F * V'?; tuilly will significantly reduce the number of reports now being done by the School District. He Informed the Board of the tasks that the District will be Involved in In order to Implement this system. Mr, Gilbert responded to questions from the Board for clarification purposes. The Boord heard a report from Ms. Connie Fladeland regarding the North Central Accreditation Association Visitation which occurred February 19 - 21, 1991. Ms. Fladeland noted that the NCA visitation report, which the Board had received In their packets, resulted from the visitation in February and provided Infor mation on the strengths and limitations as well as recommendations for Improvement. Ms. Fladeland provided the Board with an overview of how the accreditation team visit fits into the curriculum review process in our district. f 'V I P: •M:'- ■'■I* - y-. V. 5;' 1^,. Luci€ Taylor_ _ _introduced the following resolution and moved its adoption: RESOLUTION RELATING TO THE TERMINATION AND NON-REMEHAL OF THE SUBSTITUTE TEACHING CONTRACT OF __Wyy_»-Ou Doherty___ A LONG TERM SUBSTITUTE TEiCHtR WHEREAS, Mary Lou Doherty__^ Independent School District No. z78. is a long term substitute teacher in ■c Ij resolved by the School Board of Independent School District Ho. 278, that is terminated »d no«-renw€<l effective with the close of the 1990-91 school year. ar IT FURTHER RESOLVED that written notice be sent to said teacher regarding SS-ri^Sll ot his/her contr.ct ».« th.t s.ld notice shail be in substantially the following form: NOTICE OF TERMINATION AND NON-RENEWAL "‘•IMmrc!! Tono Lake. HN 5S35b Dear Ms. Doherty You are hereby notified that at a regular meeting of the School Board of I^ependent School District Ho. 278 held on April 22_ _. 1991, a resolu tion was adopted by a majority roll call vote to terminate your contract effec tive at the end of the 1990-91 school year and not to renew your contract for the 1991-92 school year. This action Is taken because the long term substitution period is coming to an end. Yours very truly. SCHOOL BOARD OF INDEPENDENT SCHOOL OISTUCT NO. 278 erk of the School The motion for the adoption of the foregoing resolution was duly seconded by Don Anderson_ _ _ _ _ _and upon vote being taken thereon, the following voted in favor thereof: %» uTaylor, Anderson, McKown, Swanson, Maresh and the following voted against the same:None whereupon said resolution was declared duly passed and adopted. F •V i : t-*'-I f.'f LAKE MINNETONKA CONSERVATION DISTRICT LAKE L’SE COMMITTEE AGENDA Monday. May 20. 1991. 4:30 PM Community Room. Norwest Bank Building 900 E. Wayzata eWd.. Suite 135 (Elevator access for handicapped: use west entrance on Wayzata Blvd.) rpr » I •' U •:."C* c may 1 5 13ol A. Special Events 1. New Applications a) Freshwater Foundation. J S B with a Splash event Saturday. 6/8/91 with stipulations recommended per attached b) Mound City Days, amending Special Event permit for Fireworks display on Sunday. 6/23/91. adding Bald Eagle Water Ski Show with stipulations recommended per attached c) Minnesota State Sheriff s Assn.. Fishing Tournament. Tuesday. 6/18/91 with stipulations recommended per attached 2, Deposit Refunds at $100 each a) Holiday-Johnson Crappie Tournament. 4/20/91 problems per Water Patrol b) Westonka M.D.A. Crappie Tournament, 5/18/91 event cancelled - no 3. Other ) Pro Am Bass Tournament - renewal application Cor 6/2/91 and 8/24/91. Adding stipulation that deposit refund is subject to receiving 30 days advance notice of any tournament dates added to schedule (last year applicant did not amend permit to include 2 days that were added in October, and did not respond to LMCD inquiries) ) Consolidated Race Schedule - submitted request for temporary moorings for approx. 20 Flying Scott sailboats 7/12 - 7/14/91 at the Wayzata Yacht Club docks per letter and site plan Lake Use Agenda May Jl). J*>91 P a fi e d B. Charter Boat Progress Report C. Status of legislation on Personal Watercraft Bill D. Water Patrol Report 1. Charter Boat Inspection progress report I b ft[i*- 'I '• 1 r‘Y I «rr r Lake Minnetonka Cable Communications Commission 443 OAK STREET • EXCELSIOR MINNESOTA 55331 • 612i 474 5539 ‘'l' yy.u/ . •' * * 1^* * '• , tf • rfinr d 1 H • r'.Q* DATE)May 13, 1991 TO:LHCCC MEMBER CITIES FROM:Jennifer Watts RE:ENCLOSED MATERIALS Th« full coaalsflion la scheduled to meet on Tuesday, May 21, at 5 P.M. here at the commission office. An agenda for the upcoming meeting and minutt*;« from the last meeting are enclosed for your files. Pl«as« note that all directors are mailed this same packet of ■nt:erlals, in addition to receiving action-item information on agenda items. Xf you have any questions, please give me a call. r - f lakr Minnetonka Cable Communications Commission 443 OAK STREET • EXCELSJOR. MINNESOTA 55331 • (612)474-5539 LAKE MIHMETONKA CABLE COWMUHICATIOIIS COMMISSIOH full C0HMIS5I0N MEETING TUESDAY, MAY 21, 1991 5:00 P.«. ROOM 204, EXCELSIOR COMMUNITY CENTER AGENDA I. Call to Ordor II* Approval of April Binutos III. RaportB a) Offloora b) AdBlnlBtrator c) Trlax d) CoBBittBB Roporta:Accaaa OBVBlopBBnt COBBittBB IV. UnflniahBd BubIdobb . « ^ a) Budgat CoBBittBBt 1991 RBviBBd Budget PropoBal b) ChannBl 21 S-VHS foroat dock c) Trlax Charga Cor Non“Cabla“Ralatad Sarvlca CallB !• ■r V. Haw BualnaaBa) Elactlon of OCClcara and Coanlttaa mmmb< b) Raquaat to aponaor attar.Janca to NFLCP National ConCaranca/Juiy I VI. Adjournaant MINUTES LAKE MINNETOHKA CABLE COMHUNICATIONS COMMISSION EXECUTIVE COMMITTEE MEETING TUESDAY APRIL 16, 1991 5i00 P.M. ROOM 204, EXCELSIOR COMMUNITY CENTER 443 OAK STREET, EXCELSIOR I.CALL TO ORDER Chairaan Andaraon callad the neetinqi to order et StOS P.M. DIRECTORS PRESENT Toe Anderson/Medlna Barb Brancel/Shorewood Jie Olde/Excelaior Tie Pattrin/Orono Lesley Hughes-Seaeans/Tonka Bay Bob Murphy/Excelaior OTHERS PRESENT Jennifer Watts/Adein. Kathe Ehlert/Ada.Asst. Paul Nazarow/Triax II. APPROVAL OF MINUTES Anderson asked for discussion or approval of the March ainutas. Motion 4.16.91.11 Brancel aoved to approve the ainut..os of the March aaatlng. Olds seconded. The notion passed unaniaoualy. 111.REPORTS Treasurer*a report Anderson presented the Just Claims for the period 3/20/91 through 4/16/91 (attachaent 1) and asked for discussion or a no tion to approve. Motion 4.16.91.21 Olds aoved to approve the Just Claina for the period 3/20/91 through 4/16/91. Hughes-Seaaana seconded. The notion paesed unaniaoualy. Adainiatretor*a report Watts reviewed the Production Report (attachaent 2) which chronicled activities at the Excelsior studio as well as sone of progra.'' * produced at the Orono studio. The third aeeting of the video ptod.-'er's club would be held April 23 and olana were being made to r..over the Minnetonka School Board Candidates Forun on May 9. The aonthly report fron Triax showed 14 shows had been coa pleted this aonth at the Excelsior studio and two new people been certified in wdxting. Watts stated that the studio caaeras would not stay in alignaant and were in need of replacenent. Watts reported that she had met with Brian Bargstroa of the Orono atudio and he had expressed a desire to withdraw fj ) studio aanagenent, and concentrate solely on progranaing xor Orono schools. She suggested that Jia Schindler be scheduled there on a part-tine regular basis and that the funding avail able froa Triax for a part-tine person be used to hire a high school student. Olds asked about the original agreenent with rhe Orono schools. Nazarow explained that the school district contributed to staffing that studio by reiabursing Triax for a part of the salary paid to Bergstroa. Olds said he thought the LMCCC MINUTES--P«go Two hikd b#0n n*goti.at«d at th© ti®® o£ th© franchi©© Agr©©a©nt» in ord©r to locat© th© atudio in th© Orono High School. H© also ©xpr©a©©d concarn about accaaaibility to that atudio by non-achool ataff. Pattrln atatad that th© city of Orono want© to a©© nor© ua© of that studio. Hatta ©aid ah© plannod to noat with Bargatron, Schindlar and achool officials to clarify th«ir raquirananta and connitnanta, and than davolop a plan to ©xpand th© s©**vic©s of th© Oronc studio. Sh© would prosont this infornation to th© conaiaaxon at th© Hay ©©©ting. Hatta raportad that the Sailor Nawspapar had printed th© lat ter ah© had written in raaponae to th© article on th© Exeelaior atudio progra© nunbara. Th© paper also printed th© chann©! guide and new© ralaaaaa. Watta noted there had bean no call© in raapona© to th© open-atudio tin© for video greetings to Paraian Gulf ©ilitary poraonnal, and it would b© cancelled. Watts stated that Tin Pattrin had submitted a report to th© Orono City Council« giving his view and concerns with th© connlaaion and Triax. She had requested a copy of th© report fro© th© city and planned to rea^'ond to th© city to clarify so©© iaau©a contain©d in th© report. Watt© reported that HACTA had net with the aponaora of th© Minn©aota bill that would li»it the length of franchise© to ssven years and establish a cable legislative task force. They had been told that there would probably be no action this year, but that the coeeittee waa still interested in cable issues and asked for HACTA's continued input. Watts reported that the NFLCP convention would be held in Portland, July 24-28. She went on to update the coas-ttee on cable coeplaintat 1) She had received a copy of a letter fro© a Hound resioent regarding rate increases that had been sent to the FCC, then forwarded by he FCC to the conniasion office for response. She noted the letter had gone all the way to Washington, 0«C*, only to be returned to the LHCCC. 2) There had been a coeplaint from a woman whose HBO waa out and who had been told by a Customer Service Representative there waa no provision for a credit* A call to Triax clarified the issue and the woaan had been credited for two days. 3) A Chanhassen resident had xnitiated a complaint about Triax*© Inability to carry the NorthStar hockey games on HSC. Triax had been unable to come to an agreement with NorthStar management for those games. Due to a technical malfunction, part of ne game had been shown and part blacked out. Watts had dis cussed the matter with Triax and with Kevin Cattoor at HSC and had reported l.er findings back to the resident. 4) Watts reporv.ed that she had met with Rollie Hartin, Tom yisler, and Paul Naaarow to try and negotiate a lime extension for Hartin and several of his neighbors. Hartin felt the quote ms had received was too high* No solution was reached. Watts asked if the coma.tttee wanted her to pursue this further. Anderson and Olds agreed that the commission ahowld not pursue LMCCC MINUTES--P*g« Thre« ^1)0 b®yond bhv scop® o£ the frenchiee regulreaente end noted thet neny realdents in the franchiae area were in aiailar aituationa. Triax report Nasaroe diatrlbuted the monthly report indicating that aervice extended to aleoat SOX of hoaea paaaed. Hoaea Paaaed 11,916 Baalc Suba Expanded Baaic Suba 5,95^ Total Pay Units 3,774 Total A/O'a 3,789 Total Renotea 2,465 tfatta aaked if ahe needed to continue to aubalt a atudio report to Triax aince the LMCCC no longer aubnitted prograaelng to Channel 20. Masarow atated he needed that report for hla end- of**year audit. Naaaroe addreaaed the conplaint regarding the problee with the HorthStar gaae and atated that Trisx had aucceaafully cone to an agreement to offer the reaaining NorthStar playoff gaaea on a payper-view ba^ia, aa well aa the Holyfleld/Forenan fight. would be offered to all aubacribera, and infore*i*iion would be given through newapaper and TV advertiaing on comrr, and how to acceaa the aervice. Masarow diatrlbuted a aaeple of the Subacriber P rivacy Notice and AB Switch Notification to be sent to aubacribera. IV. a) Budget Coeuittee Report/Recoeeendation Anderaon, Vllcxeic and Watta had met to reviae the 1991 budget and their recommendation would be brought before the full cob- eiaalon at the May meeting. Watta reviewed the goala and uaea of the apecial funda and pointed to the formation of an Acceaa Development Fund aa one of the major reviaiona. She aaked for any commenta on the reviaiona. There were none. b> Channel 21 S-VHS format deck Watta atated that ahe had not yet met with Nazarow and had nothing to report at thac time. o) Finding on new Triax Charge for Mon-Cable-Related Service Calla Watta diatrlbuted a aummary r findinga with regard to the non-cable-related aervice call chargee aa well as a letter Triax taking action on thia iaaue (attachment 3). The lettar •tated that according tr counsel, the franchise agreement did not intend the ;)iibacrlb'jr to bear the burden of » ^^ermlni .g whether a problee with cable-facilitating equi).^ • warn the result of the service or equipment provided by .omoany, or of a aubacriber's ability to make it function px-^^ «<rl> with their own equipment. The agreement also atatej that service re- queata for maintenance or repair shall be performed at no charge to a subacriber. The letter instructed Triax to c LMCCC MINUTES-Pago Four t; of tho charge and credit any eubacribera who had already been aaaeaeed. Motion 4.16»91.3; Brancel moved to implement the findings of staff and to send the letter to Triax. Hughea-Seamana seconded. The motion passed unanimously. V.NEW BUSINESS a) NATOA Regional Conference Watts referred to the NATOA Regional Conference brochure nailed to commissioners and stated that anticipated expenses would be «664 per person. Watts stated that there might be more value for the dollar in sending more people to the national con ference than the regional convention. Anderson and Olds agreed. No action was taken. b) DeWolfe Music Library Watts explained that the contract with DeWolfe Music Library would be up for renewal 5/14/91 and asked for approval to renew. DeWolfe provided the albums of non-copyrighted music used in the access studio. The cost to renew was S279. Additional albums would be sent when the contract was renewed. Motion 4.16.91.41 Anderson moved to renew the contract with DeWolfe Music Library. Brancel seconded. The motion passed unanimously. c) Request for Purchase Approvals Watts asked for approval of an expenditure of not more than 4250 to purchase a TV for use in the commission office. Motion 4.16.91.5; Olds moved approval. Hughes-Seamans seconded. The motion passed unanimously. Watts asked for approval to purchase an air conditioner for the commission office, not to exceed ®250. Motion 4.16.91.6: Olds moved approval. Hughea-Seamana seconded. The motion passed unanimously. Anderson asked if there were any other new business items. Watts stated that a nomination slate would have to be prepared for the May meeting and asked for volunteers to serve on the nominating committee. Brancel and Olds agreed to serve. VI. ADJOURNMENT Chairman Anderson asked for a motion to adjourn. Motion 4.16.91.7: Olds moved to adjourn the meeting, seconded. The meeting adjourned at 6:15 P.M. Brancel Respectfully submitted. Kathe Ehlert Administrative Assistant __ _ _ _I Apr-15-91 Cl;58PM LMCCC JUST CLAIMS 3/20/91-4/16/91 CHECK • 10290 10291 10292 2319 2320 2321 2322 2323 2324 2325 2326 2327 10293 10294 10295 10296 2328 2329 2330 2331 2332 2333 DATE MAR 29 MAR MAR MAR MAR MAR MAR MAR MAR MAR MAR MAR APR APR APR APR APR APR APR APR APR APR 29 29 29 29 29 29 29 29 29 29 29 15 15 15 15 15 15 15 15 15 15 If PAYABLE JIM SCHINDLER JENNIFER WATTS DANA GIBBS U.S. POSTMASTER PERA U.S. WEST EPA A/V MN SBRBN NEWS IND. SCHOOL DIST. JIM SCHINDLER JENNIFER WATTS MACTA JIM SCHINDLER JENNIFER WATTS KATHE EHLERT DANA GIBBS NORWEST BANKS PAYCHEX PERA PERA EPA A/V PETTY CASH TOTAL CLAIMS AMOUNT ACCT •497.65 PAYROLL 843.08 PAYROLL 33.25 PAYROLL 50.00 POSTAGE 168.81 PERA BNFT 126.73 TELEPHONE 420.15 VARIED 96.00 ADV/PROHO 400.00 OFF RENT 267.00 HLTH INS. 47.00 MILEAGE 200.00 DUES/SBSCR 497.65 PAYROLL 843.08 PAYROLL 148.25 PAYROLL 92.27 PAYROLL 1182.15 FED TAX 40.30 SECY SRV 9.00 PERA LIFE 168.81 PERA BNFT 297.55 CAP FUNDS 91.28 •6520.01 VARIOUS BANK EXCELSIOR Beginning balance •47832.25 Claime -6520.01 Interest 221.53 Service Charge -12.20 ENDING BALANCE •41521.S7 SCCU ACCOUNTS Balance Share Acct •5376.17 Balance Preferred 51623.50 of Deposit (5/10)26000.00 of Deposit (4/24)20000.00 ENDING BALANCE .•102999.67 TOTAL FUNDS •144521.24 PRODUCTION REPORT E‘v :• \ Chronicling th« activity at the Excelaior Comeunity TV Studio froa Tueeday, March 19th through Monday, April ISth, 1991. Preeented to the Executive Committee of the Lake Minnetonka Cable Coeeunicatione Connieeion on Tuesday, April 16th, 1991. I. Worke coaoleted A. Shorew€>od City Council-producer Harold Dircke covered the Meetings of 3/25 and 4/0 B. Series prograns 1. Tonka Beport-studio program which features discussion end reports from the city administrators of Orono, Tonka Bay and Victoria and the city ■anager of Excelsior on the impact of budget cuts on cities and services 2. Community Spctlight-the second edition of this studio program features Karen Kowalik and Brad Hull of Musical Offerings. Includes footage of Brad performing on piano at Wooddale Church in Eden Prairie C. Individual programs 1. Minnetonka High School Winter Sports Recognition Might- taped 3/16- producert Dave Clark 2. Kevin Lynch at the Minnetonka High School Winter Sports Recognition Night- the former University of Minnesota basketball star and future MBA player is fas^ured as the guest speaker at this event- taped 3/18- producer! Dave Clark 3. The Kitty! Part I- features music and stories by producer Dave Else 4. Minnetonka District Choir Festival- taped 3/19 * A total of 8 prograns were created at the Excelsior studio 0. Orono studio-the following new programs were cablecast on Channel 21 1. Orono High School Vinterfest Band Concert 2. Orono High School Variety Show (Part I) 3* Orono High School Variety Show (Part ID E. Workshops- one Studio and three Editing workshops were held- total participants! 11 -The Studio workshop was attended by S students froe Minnetonka High School, who will participate in production of a new studio variety show# On the Air with Jer. The first edition will be shot tonight. II. Works in progress A. Programs 1. Counteract Program- focuses on the efforts to fight drug and alcohol use among looal youth 2. The Kitty! Part II- more music and stories by Dave Else 3. LMCD Eurasian Watermilfoil Project- producer! •■I • - y' t It'-' J«nnif«r Watta 4. Hlnnatonka Fina Art* Council Intarlaohan Caap- producars Randy Schwoarar 5. South Hinnatonka Choir Faatival- hald on 2/10 at tha Mount Calvary Church in Excalaior- produoarai Art Nieol and Katia Snydar Straatoar Boat Raatoration- producart Harold Oircka Yaarbookt A Sports Journay- aaaoriaa of sports ^aaas# avants and playars ara ralivad through a collaction of yaarbooks and prograas- produoart Schindlar B. Workshops- studio workshop to ba hald on Thursday, followad by subsaquant projact shooting dataa-also, Daluxa Paint III workshops bagin naxt waak 6. 7. Jia 4/23 B* Planning for covaraga of School Board Candidatas Forua on 5/9 w C. Planning for May adition of Coaaunlty Spotlight, ^^n^Ativaly sat to faatura tha Excalaior Araa Chaabar of gQBsaroa and focusing on tha Fourth of July calabration Raapactfully subaittad Jla Schindlar Production Coordinator r Lake Minnetonka Cable Communications Commission 443 OAK STREET • EXCELSIOR. MINNESOTA 55331 • (612) 474-5539 April IS, 1991 Mr. Paul Masarow Triax Cablaviaion 1504-2nd Straat S.E., Box 110 MM 56093 Daar Paul: At tha Maroh aaating of tha LMCCC Exacutiva Coaaittaa/ a ohar^a for noii**oabla aarviea ealla aaa notad in tha naw rata card praaanbad to tha Coaaiaaion and aant to aubaoribara in tha March billing. You daaoribad thia charga to aaan any aarviea call that did not oon- eluda in tha finding of a problaa with coapany-providad aguipaant or aarvioa. Aa you know, auoh ouatoaar aarviea chargaa or rataa wara not da- r^yiiX^tad by tha Cabla Coaaunicationa Policy Act of 19S4) thara* fora, thia eharga ia aubjact to ragulation by tha cabla coaaiaaion. Our franohiaa atataa in Article VI, Section 4/C“3i •Sarviea ra- guaata for aaintananoa or repair of Grantee'a property ahall ba p^pforaad at no charge to a aubacribar. If auch aaintananoa or repair ia required aa a raault of daaaga cauaad by aubacribar* Orantaa aay charge to tha aubacribar aa a aaxiaua ita direct eoata for aatarial and labor for aarviea calla to a aubacribar'a hone.* According to our counaal, tha agraaaant did not intend for tha aub* aoribar to bear tha burden of dataraining whether a problaa with their cable-facilitating aquipaant waa tha direct raault o£ tha aarvioa or aquipaant provided by tha coapany, or of their ability to aaka it function properly with their own aquipaant. Aa of thia data, you are hereby inatructad to caaaa and daaiat any further aaaaaaaant of thia charge againat tha aubaoribara of tha Lake Minnetonka Cabla Coaaiaaion and to credit any aubaoribara who have bean aaaaaaad thia eharga thua far. Tha Coaaiaaion ia available at any tiaa to diacuaa altarnativaa to thia oharga. OOnnifar Vatta liniatrator ooi <• I •»V ,4 V‘ ***1:^3‘ -.Me LMCCC aaabar citiaa Ton Andaraon, LMCCC Chair Toa Cl^ighton, Counaal for tha LMCCC [lo'-MAnaon, ..Iriaajpiractor of Oparationa tk. .*• • .A - ^ 4r- • p T FINANCIAL STATWENT 3/31/91 FUNDS OH HAND 12/31/90 Ch«ekln9 account SCCU Sharo Draft Acct. SCCU Prafarrad Shara Acct. Cartiflcatas of Oapoalt (naturea 1/10) (aaturea 1/24) (natures 1/24) TOTAL FUNDS INCOME 1/1/91 TO 3/31/91 Intaraat Chacklng Acct. Intaraat Shara Aceount/CDa Intaraat Prafarrad Acct. Capital Funda Franchiaa Faaa Tapa Purehaaaa Ouh Faaa SS81.58 1003.46 303.53 7000.00 97173.01 45.00 10.00 NACTA Rainburaaaant TOTAL INCOME 1/1/91 TO 3/31/91 TOTAL FUNDS AVAILABLE BEFORE EXPENSES EXPENDITURES PROM 1/1/91 TO 3/31/9L 25.00 ssssssssssssss Adalnlatrator •7500.00 Coaaiaaion Staff 5065.28 Sacratarlal Sarvicaa 121.30 Payroll Taxaa 1561.99 EOployaa Milaa9a 219.90 Health Inauranca 698.00 Laoai Faaa 176.00 Inauranca/Bonda 4059.00 Ccnfaranca/Schoola 634.00 Office Supplies 560.16 Duas/Subscriptions 317.50 Talaphmia 516.40 Pootafa 356.68 Hiacallanaoua 63.95 A4uartiain9/ProBotlona 463.29 Office Space 1600.00 Studio Equipaant Fund 412.45 Office E^ipaant Fund 250.75 Niaoallanaous Video Fund 177.00 Tapa Stock Fund 220.15 Triax Fine Return 200.00 Capital Fund Expandituraa 4328.92 S3 TOTAL IPUDlTOtES 1/1/91 TO 3/31/91 Llabllitlaa: TOTAL FUNDS AVAIUBLE 3/31/91 DlSAUtSEMEMT OF FUNDS AS OF 3/31/91 Chaeking Aeeeuat SCCU Shara Account SCCU Prafarrad Acct. CartlCicataa of Dapoalt S9558.44 4372.71 1320.32 26000.00 20000.00 10000.00 SSSZSSSSSSSSSSSSSSSSSSSS •71251.47 •106142.38 •177393.85 PAXiOLL TAXES DUE •29502.72 _ _ _ _.80 •147891 .T3 •44891.91 (Inc. aiOOOO CD Tranafar) 5376.17 51623.85 (Inc. 450000 tranafar 3/1 26000.00 20000.00 TOTAL FUNDS •147891.93 m'i: LMCCC BUDGET REPORT 1991-1st QTRIIKOMETriax Franchise Fees Interest CarryoverHise. Fees/Revenues TOTAL OPEBATIMG EXPENSES Adeinlstrator CoMisalon Staff Secretarial Services Payroll Taxes Eeployee Mileage Health Insurance Legal Fees Ineurance/Bonds LHCCC Financ'l Revise Conference/Schools Office Supplies Duee/Subscriptions Telephone Postage Hiecellaneous Advertising/Proeotions Office Equipeent Office Space OPERATIMG BUDGET TOTAL SPECIAL FUND APPROPRIATIONS Technical Audit Financial Review Studio Equipeent Legal Fund Office Equipnent Access Equipeent Contingency PQ«D TOTAL SUDGET TOTAL BUDGET FIRST OTR TO-DATE REMAININGS89000.00 S97173.81 097173.81 08173.813000.00 1888.57 1888.57 -1111.430.00 19662.23 19662.23 19662.230.00 0.00 0.00 0.00s=sss::s=sss=sss===:sxsrsxrcsrssS92000.00 S118724.61 0118724.61 026724.61 PERCENT S30000.00 S7500.00 07500.00 022500.00 75X 22000.00 5065.28 5065.26 16934.72 77% 1000.00 121.30 121.30 878.70 86X 7200.00 1561.99 1561.99 5638.01 78S 600.00 219.90 219.90 380.10 63S 2680.00 698.00 696.00 2182.00 76X 2000.00 176.00 176.00 1824.00 91X 3800.00 4059.00 4059.00 -259.00 -7X 2300.00 0.00 0.00 2300.00 lOOX 6000.00 634.00 634.00 5366.00 89X 2000.00 560.16 560.16 1439.84 72X 1300.00 317.50 317.50 982.50 76X 1600.00 516.40 516.40 1083.60 68X 650.00 356.66 356.68 293.32 45X 450.00 63.95 63.95 366.05 86X 750.00 463.29 463.29 286.71 38X 1000.00 0.00 0.00 1000.00 lOOX 6000.00 1600.00 1600.00 4400.00 73X SSSSXS9SS ssssssssr 3s S3SSSSXSSSS = S ■- ssszsxxxx S91530.00 023913.45 023913.45 H *616.55 00.00 00.00 00.00 00.00 0.00 0.00 0.00 0.00 100.00 100.00 .100.00 0.00 150.00 150.00 150.00 0.00 0.00 0.00 0.00 0.00 220.00 220.00 220.00 0.00 0.00 0.00 0.00 0.00 ssassssss SSSSSSS3ZSS SSSSSSS33SS 3S33SSSSSSSSS 0470.00 0470.00 0470.00 00.00 lOOX ssxssaass ssssazsasxs 3SSSSSSS3SS 092000.00 024383.45 024363.45 067616.55 73X il'l- _ r 1 SPECIAL FUNDS REPORT FUND NAME T«ohnlc«l Audit L«9«1 Fund Studio Equipnont Trinx Fin. Roviow tnpo Stock Nine. Video Office Equip Acceee Equip Contingency Ceptiel Fund# rptelni Bal 12/31/90 $7000.00 2500.00 5026.61 2014.70 233.00 1561.41 285.00 3238.84 3292.61 0.00 sssszsassassss $25152.17 Budget Addf 91 30.00 Expennea let Qtr 30.00 150.00 100.00 0.00 0.00 0.00 0.00 220.00 0.00 7000.00 ESS33S3S3SSaS3SS 37470.00 aVDGET FUNDS REMAINING SPECIAL FUNDS REMAINING $;7616.55 27032.90 sasssssssssasssss TOTAL REVBNUE8/REIMBURSEMENTS OPERATING FUNDS 1992 UNALLOCATED REVENUES 80.00 23641.70 29520.78 axsaasaaaaassaae TOTAL 0.00 412.45 0.00 220.15 177.00 250.75 0.00 200.00 4328.92 BALA.VCF $7000.00 2650.00 4714.16 2014.70 12.85 1384.41 34.25 3458.84 3092.61 2671.08 aaaaaaaaaaaaaaa aaaaaaaaaaBass $5589.27 $27032.90 $94649.45 $147891.93 5-'Lake Minnetonka Cable Communications Commission 443 OAK STREET • EXCELSIOR, MINNESOTA 55331 • (612) 474 5539 ' Vr ' !: : April 25, 1991 Mayor Barbara Peterson Orono City Council City of Orono Box 66 Crystal Bay« HN 55323 Dear Mayor Peterson: At the April 8 seating of the Orono City Council« a report was presented by Tie Pattrin, an Orono resident recently apppointed to the Lake Minnetonka Cable Comsunications Comnlssion. As adninistrator« I was pleased to see a director take such interest in coseunicating cable issues to the city; however« soee of the points made in the report are not supported by faots« and it is important they be clarified for the record. yhe report begins with a listing of figures drawn from the February Just Claims report; however, the correct reference figures should bet Ending checking account balance A 110,622.76 s and Balance share account Balance preferred account CDs TOTAL FUNDS 4,855.29 1,320.32 26,000.00 20.000.00 162,798.37 As you know, the commission receives its annual revenues from t;he cable operator once a year, and received the check for 897,173.81 in February, thus the high balance. And the contribution to those revenues by subscribers in Orono was 819,200.81. (These figures and more data from the cable operator were provided to you in the annual report by Triax subeitted in February to each commissioner representing his/her city council.) The report notes Incorrectly, according to my records, the breakdown of expenses for 1990. The correct figures are: : staff Salaries General Operating Expenses Speoiel Fund Allocations Access/Studio Equipment Funds 45X 37* 10* 8* L*tt«r to Mayor Peterson Page Two On page two of the report, Tim reviews his understanding of the QOSB^aslon's recent activities and his concerns regarding them. He states that the coemisaion approved a new staff position to facilitate playback for the new channel: In fact# the pert~tiee production aealetant position# which has been in place for eany yosrs# essueeed 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 channel playback responsibilities; additionally# the oonelssion agreed to the aanagenent of the new channel and noted the opportunity it would provide for live studio capabilities. Xhe report also notes concerns regarding the programming output from the Excelsior studio. It should be noted that cosmunity television facilities are designed for use by the public. The responsibility of the staff is to proeote the use of the facilities. The following figures represent actual programs produced by the Excelsior and Orono studios: 1990 Orono 38 prograss Excelsior 76 programs 1991 <as of March 31# 1991) Orono 7 programs Excelsior 24 progress Additionally# references to •best-equipped...over-staffed" are subjective statements that are not supported by fact or comparison in the report or elsewhere. Finally on this matter# the Orono studio manager and I have worked cooperatively to address the needs of that studio; However# our effort to provide additional staff to the studio in 1990 and to offer production training only served to provide odltlng assistance for school and non-cable programs. 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 meeting the goals of that studio# which would be to provide access to the public as a whole to comeunlty television programming production. t S ■■ L«tt«r to Mayor Poteraon Pago throo Tho aosortion rogardlng tho nunbor of hours of programnlng from tho Orono studio was addrossed In procoding paragraphs. And in roforonco to tho oquipsont purchasos for tho Orono studio, it should bo notod that Brian and I conaunicato rogularly on tho noods of tho studio and addross than as wo aro ablo. Mora importantly, tho franchiso statos that Triax is rosponsiblo for ^lio *oaintonanco of thoso facilitios...including its plans for^ accoooodating futuro growth and changing noods and dosiros....* On tho oattors noted by Tie in roferenco to tho performance of the cable company, a few corrections should be not i: 1) Triax did not agree to respond by tho April mooting to the questions raised by Tim regarding the Holy Name School; 2) There was no notion made by Tim or any other director regarding tho preparation of language addressing a time line on service calls, specifically on return paths. Tim made eommonts regarding this matter, 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 my records. I appreciate the time you have taken to review this information And would request it be Included in the next council meeting psckets for review by all Orono city council members. Thank you. inifi^ Watts Imini^rator cct LHCCC member cities L?'5 ‘ ■■ ?/ • • • m U.S. POSTAGE PAID 3 '.V SU8URBAN PUBLISHING CO. , t____________U ^ i ► r:\ r^y ' '" <1: I ,gi'iT^flfc /N • ^ ' • !.*• •"* t ik^Vl^A.' . • • • ^ singer Chiiottw Ceioc U the ftnl gueil on Jeremy Borasb's ciblc TV sfao w« **On Ibe Air with Jeff** which t debuts ODMoodaj, April 29. • • • I V*. I I' .» I- I!r I. * f • • ♦ ♦ I • i: i *. r* Vol. 4, Issue 29 ThursdaVir April 25,' 199 RO. Box 99, Chanhassen, MN 55317 • *The Chanhassen ‘On the Air with Jer’ Chan teen premiers on cable TV By EUnbcIh White Heeecre’s Jeicmyl of the heavy metal group "Slave location ihiofSt to(v* hi laid. Raider,” a oaiionally known rock Borash, wboae plans include a With his new show, "On the Air band, has mpeared in three reck videos career in broadcast Joumalisaii, is not. with Jer,” Jeremy Botash may soon on MTV (Music Television). *Tbey 8aewootDertoibeatage;Heanpcwedi beconw the Chanhassen arers ver- wanted a heavy meul. bad-looking in Minnetonka High School'a pro* .1 ------------------- ,1.. —.. n—u — ductlott of “Mama^and tltt wcentl one-actct dIivs. sinti aodilM^bdiE in the eoaoMt’ gals and lioo of Johnny Carson. ' dude for the videos," Borash ex' Boiaih, tte 16-year-old son of plained. Andy and Ruth Boiash of Chanhas- Cootoitiooist Guost, whose stunts choir sen, makes Us television debut with include folding herself into a card- hit own rock bond, ”5 atalkabownextsreekooTriaiCable, board box, is a senior at Minnetonka Alysuo. Channel 21. Hw Show airs Monday, High School.”! asked her to be on the He thought np the Idea of April 29 at 6*J0pjn., with addiliooal . show aAer 1 saw her at a pep fest one his own show after watchis sbowaoaWednesday,May lit 8:30 lime,” he said. Night with David Letteim pjn. and Friday, May 3 at 5:30 p.m. Dictiooary Madness is a game in ”lle Tonight Show.” ”I*vealwaMsiraatedtoteveaTV which the show’s guests try to choose "I like the first 20 nrinuiet show,” the MuHMioaks High School the correct snswets to uncommon JohnnyCtfioa,tndIcmihlagMCril junior said. ”Hie show is modeled words, with the winner receiving • Ing some mijor afterLettctman sod Canon, but I'm trip for two to Estherville, Iowa. siayii For example, for the word saidj teatddue trying to develop my own style. I wanted to qiioe up cable TV a little bil/* : I •• * * suying up latn to sat LettenM^” hi limtingly. zonked,” the options were: "one. to He brau^ his idbnto JfagSddn* be extremely tired; two, to be really dler, prodneer ofTrianChhlepfOthin. like Letiennan's "Late Night with . drunk; three, to be in a state of utter lions. David LettensMn" and Joluuiy Car- disbelief, and four, the feeling you "Hehelpedmioatalol,* son's ”Hie Tonight Show,” be oflen jget when Rosesnoe Ban mistakes sakL "The itadjo that vary ieeep(lbi|^ ihnindioaljlipwAamiingayatiely you for'the recliner.” The ooirect andtbey'rimurioiilioieinenaiH of giieOta. '.. answer to be really drunk. involved with sbown, Tbdy'ltMiti Borash and his sidekick, friend Each episode of "On the Air with hoapilable.” ^ John Starkey, begin the shew, with Jer” will air for two weeks at varioua ~ ‘ Tabloid News,” a funny look it the ■ times. In fkiiure episodes, in addition latest baadlines in the gossip sheets,. toincreasingSiaikey'sioleandfea- Then be interviews his guests. turiog a variety of guests, Borash Shwoerer. « ,\ HMsaaopeaiiog00 the debut Ore hopestohaveaanoiherregularguest, Borash Is Idteiasied in fe rodt singer Cnifaisaw Csine, Coutor- "Sam the Samurai Psychic.” hxritakttOaldlshafir.AaycBt. tinniri ExtraordinairB Shey Gunst and A local band will be featured in esied la appealitt| on ”On Ibn’ taro memben of the studio audience each episode and for a future guest he arilbJei^'orwhonowBofsoae^ wboplay”DictiooaryMadoett”wiU) hopes to schedule a professional with a special taleiit is enonongadtoj Bonish. wrestler. caU 474-2670. ■ I Cbajouw Caine, the lead singer "In the future we want to do some Others Urh6 he^ed in imiiiig 1 show logeibsf *er« Bonsn's fMa TlfflWhetnona,<kahSmilhand r - fl 46 MunichaRMl Ntws May 6,1991 FORUM Metzenbaum Claims Need for Cable Legislation By HOWARD M. METZENBAUM ^ M A h'S yc**’* refonn of the cable tele- I vision industry is once again high I op the agenda for consumer JL protection legislation. The reason is simple: Consumers want it and need it. Every member of Congress hears from constituents who are fed up with escalating cable rates and poor service. Consumers are captives of cable systems that are free of competition and regulation. While some operators have shown restraint, loo many have abused their monopoly power to overcharge consumers and ignore their complaints and coiKems. Since deregulation took effect in 1987. ca ble rates have risen nearly four times faster than the rate of inflation. According to the General Accounting Office, approximately 1.5 million cable consumers have been sut^ jected to rate hikes of more than 100 percent sitKe deregulation. At a Senate antitrust hearing I chaired, the Consumer Federation of America testified that consumers are be ing overcharged by as much as S6 billion annually. Complaints about cable go beyond rales. Sports fans have expressed concern about the movement of sports progranuning from over-the-air television to cable. There have been inmunerable complaints regarding cus tomer service from consumen who have had to deal with cable companies that take for ever to install cable service or fail to answer the phone when a subscriber has a question or needs a lepair. Consumen may be paying more than they * ' ■» have to for cable because vertical integration has stifled potential competition from alternative distribution tech nologies. such as wireless ca ble and the satellite dish in dustry. Ten of the 15 most popular basic cable networks are owned or controlled by multisystem cable operaton. Cable companies also con trol four of the five top pay movie services. Representa tives of alternative tech ’ lo gics testified before the Sen ate antitrust subcommittee that they are having trouble breaking into the market be cause some distributors have been shut out from popular program channels which are owned by the large multisystem cable oper ators. Seme argue that cable legislation is unnec essary this year because the FCC is prepared to alter its definition of effective competition, so that more cable systems will be regulated across the nation. While it is good news that the FCC has finally decided to dispense with its absurd definition of effective competition, Congress must still act. Even if the FCC action results in the reg ulation of every single cable system across the country, consumers may not receive much relief. The cable act authorizes regu lation of only basic cable service, which is defined as any program service tier that in cludes over-the-air broadcast signals. i h MiniNIAUM Many cable companies across the country are mov- ing popular program chan nels, such as ESPN and Turner Network Television, off the basic tier in order to insulate them from any fu ture regulatory scheme that might be imposed by the FCC. Even if the FCC wanted to stop this retier ing. there is little the com mission can do under cur rent law. In short, unless Congress acts, the cable in dustry w ill be able to skirt regulation of the program charmels that impel people to buy cable in the first place. I am pleased to see that the leaders of the Commerce Committee have not fallen under the influence of those who argue against leg islation to protect cable subscribers. Sens. John Danforth (R-Mo.), Daniel Inouye (D- Hawaii) and Ernest Hollings (D-S.C.) have reintroduced a cable bill. S. 12, and 1 am once again an original co-sponsor. Sens. Danforth, Inouye and Hollings should be commended for moving quickly to reintro duce a cable bill that addresses the key prob lems plaguing the cable industry. However, S. 12 is not as strong as I should like it to be. and that is why I introd.N‘*xl my own bill to permit local regulation uf rates in communities where consumers are served by one cable programming distributor. 1 also introduced a bill to promote compe tition in the delivery of cable programming. Congress must act on the issue of program access for alternative technologies because the FCC will not. FCC Chairman Alfred Sikes has argued in favor of adopting rules that would nuke it easier for alternative tech nologies to gain access to cable program ming for resale to their subscribers, but cur rently, the FCC has no mandate tc adopt such rules. Cable representatives balk at the idea of having to sell their program cha>inek to their potential competitors, even though cable has been receiving special treatment from Congress for years. Fifteen years ago Congress helped invig orate the cable industry by passing a law that guaranteed cable operators free carriage of broadcast network programming. But now the cable lobbyists here in Washington want to deny other infant technologies die oppor tunity to pay a fair price to get the program ming which they need to compete. The bottom line is this: It is simply bad public policy to continue to allow cable op erators to charge rates that are not con strained by either competition or regulation. Legislation is needed to protect consumers and promote competition in the market for multichannel video prognmming. While that might seem unfair to those cable operators who have not abused their market power, most consumers see reform of the cable in dustry as a sensible and necessary step to iake.1 (Sen. Howard M. Menenbaum (D-Ohio) sits on the Judiciary Committee.) f NW aOISlaOXT i33ais ^vn lih „woo 31QVD vxiw 3>vn SllVM h3dlSN3r T6/^?/VO I bfliliiOOCO MD INSIDE TVGukto Ejfw Moiitiiljr Firm pitdud caMi.’ guide to operators . atNCTA^w/Z FNN:An Bttsorr Auction set as judge, FTC change ruiesoftkegame/4 la Gives Encore Boost MSOwUl offer new service as negative option / A • Jones Returns IMtoBystenis Nets shifted as partofJones-USA settlement/Z ngM Record ^ Seen lor TVKO Foreman bout seen yielding heavyweight take / 20 8AND ANOTHER THING TECHNOLOGY_____ INTERNATIONAL.-.___12 OPERATIONS____ ADVERTISING—. PROGRAMMING- ON SCREEN____ MARKETING—.— BUSINESS___—. ...20 .22 .24 ..28 MARKETPLACE. Gloomy Day in Court UL’s Preferred Case: Long, Winding Road Just Gets Longer piCKT Yeak after a tiny start-up firm sued ■■(he city of Los Angeles over its cable TV franchising procedures, a U.S. Disfict Court on April 17 threw out some of the city's fran chise requirements as unconstitutional, af firmed the city's right to demand franchise fees and performance qualifications from ap plicants. and set the stage for the return of the case to a U.S. appeals court In a long-await^ written opinion in Pre ferred Communications v. Los Angeles. Judge Consuelo Marshall ruled that the Constitution forbids Los Angeles from im posing public access programming require ments and limiting access to its cable mar- S*t LA. on page 27 Cable takes a beating in separate court rulings on taxes, franchise renewals By Barnett Parker at)d Vincente Paadeloup ^3 ^ABLE Television lost two important court W cases last week. In the more economically stinging of the two judgments, the Supreme Court ruled states can tax cable TV services while exempting other media without breaching the First Aimendment Tlie Arkansas Cable Television Association had challenged a state sales tax that applied to cable services and not to other media such as broad cast television, magazines and newspapers. In the other decision, a U.S District Court in SL Louis upheld the right of RoOa. Mo., to deny the refranchising bid of Omega Communications Inc., the first time a U.S Distikt Court has ruled See COURT on page 27 Discovery-PBS Talks Revived With a Twist: The Learning Channel By Petty Ziegler ^HE D iscovexy Channel 's on again. off again I relationship with the Public Broadcasting Service may be on once again after the cable network completes its deal to acquire The Learning Channel. Discovery Channel chairman John Hen dricks said he will reopen discussions with PBS for a “partnership or alliance* related to The Learning Channel. “I want to explore that.* Hendricks said. PBS and Discovery last fall discussed launching a basic cable network, but the talks See TALKS on page 7 SPOrniNO APPEAL Of caN* .N'XtWWM pninn*. In' r ^ w 1 ' L '• Ti. I , • \. i Cable Act Doesn't Guarantee Renewal, Ruling Says COURT continued/mm page ij> ^7 on a rmrwaJ bid under the 1984 Cable Act In (he tax case, (he Supreme Court, in a 7-10-2 decision, said. 'Differential taxa tion of speakers, even members of the press, does not implicate the First Amendment unless the (ax is directed at or presents (he danger of suppressing particular ideas.* Justices Thurgood Mar shall and Harry Blackmun dissented on the grounds that freedom of the press prohibits government from using tax power to discriminate against individual ntembers of the media or against the me dia asawhole. The state of Arkansas charges a 4 per cent sales tax on cable services, to which two4hirds of the counties add a local tax of 1 perceoL Taxes on the state s 440,000 cable subscribers deliver approximately ^.5 million of the stale ’s $900 million in total taxes. Although the tax is paid by subscribers and only collected by cable operators. Arkansas cable operators are concerned because (he combined S per cent tax adds, for example. $1 a month to the cost of a $20 cable TV subscription, and could dampen consumer value per ceptions of cable. The National Cable Television Associ ation downplayed the ruling’s impact, not ing its range is limited to (he state of Aritansas. *It's a disappointment but ev eryone should understand this is a tax on Arkansas cable subscribers.” said a spokesperson. Even so, more than half of U.S. states impose a sales tax on cable services, according to NCTA estimates, and a ruling in favor of Arkansas cable operators could have opened (he way for more industry challenges to state cable taxes and* local taxes. As it stands, the decision could strengthen efforts to tax cable. In Los An geles. for instance, mayor Tom Bradley is backing a proposed 10 percent lax on ca- Me. Last week ’s ruling "dismayed* Conti nental CaMevision. one of Southern Cali fornia's largest operators, said senior vice president Robert Sachs. *It will provide impetus for other states and dties to im pose taxes on not just cable, but other media.” he said. Broadcasters and other media should be more concerned with the ruling than cable operators outside the state of Arkansas, said Steve Effros. p^dent of the Community Antenna Television As.v>- ciation. Effros underlined that the ruling did not question cable ’s First Amendment rights •— an important point, given that operators have often us^ First Amend ment rights as a basis for attacking regu- Preferred Case Could Return to High Court LA. continued from page I ifA ket to one company. Both points were victories for Preferred Commiinic.ations Inc. and its attorney. Harold Farrow. Tliey had argued that the city standards muzzled free speech. But Marshal also ruled (hat Ins An geles has the right to demand certain fi nancial and performance qualificatinns from franchising applicants and to col lect franchise fees from cable operators. Tiny Preferred, formcil by Los Angeles physician Clinton Galloway in 1982 to seek the city ’s sprawling south central- area franchise, has been dogged by questions about how able it might be to rai.se money and actually build a cable system. Continental Cablevision ac quired the south-central franchise through its 1988 purchase of American Cablesystems Corp. The very important issue for cable operators and cities in the overbuild context is upholding financial and tech nical qualifications aspects.* said Tim Lay. an attorney for Ins Angeles repre sentative Miller & Holbrooke. "In other I words, you can tell that a company is not I basically a hollow shell that is basically a { litigation tool. An applicant for an over- I build franchise has to prove that they re- I ally have sufficient finances and capabil ’i- I ties to build a cable system. It is consti- ; tutional to reject them if they do not" Farrow said he plans to appeal the case to the U.S Court of Appeals for (he Ninth Circuit, which has already ruled once on the case, to seek a ruling that gives his client the right to begin con struction of a cable system. *So far this is a victory for the indus try. but not for my client" Farrow said. “We still have not been told what it takes to get access." Farrow expects the case to reach a final conclusion before the Supreme Court, which in 1986 agreed that Pre ferred had First Amendment rights, but remanded (he case to Marshall for con sideration on factual grounds. Last week ’s ruling was based on summary motions, however, not a trial on the facts of the case. 'The absence of a factu al record could lead (he Supreme Court to reject an appeal. Marshall last week dismissed Pre ferred ’s bid for punitive damages against the city and 12 individuals asso ciated with the firanchising effort lations they deem unlawful. But Larrine Holbrooke, an .itlorney with the Washington firm of Miller •.% Ilnl- brnoke which represents cities, dis agreed; "Lower courts will be more skep tical of First Amendment claims made by cable television operators." she said. The Arkansas Cable Television Associ ation still has the opportunity to win $10 million in refunds, said Gene Sayre, the association attorney. The cable operators had argued (hat sales tax paid between 1987 and 1989 when home satellite ser vices where not taxed was discrimin.atory under the 14lh Amendment that guaran tees equal protection under the law. Since 1989, home satellite services have also been taxed. The Supreme Court sent that part of the claim back to the lower court. Roila decision Last week. Omega Communications continued to operate after the li.S. Dis trict Court decision upholding the city ’s denial. Omega ’s options include appeal ing (lie case or entering a bid. along with other potential franchisees, for the new franchise. The company hasn’t an nounced if it will do either, said Bill Bird- CABLE WORLD / April 22, 199! song, who manages (he system in Kolia. If Omega Communications doesn't ap peal or rebid. the question of how it will be reimbursed for its existing cable plant arises. That would be brought up with the city officials,' Birdsong said. Tliey ’d have to sit down and talk (hat out or give...a value amount for the existing system.' 'The Rolla case sends a message to ca ble operators that 'denid of renewal is a realistic possibility. ” said Hm Lay. a part ner with Miller A Holbrooke. ’The decision marks the first time a District Court has upheld a city ’s right to deny renewal after the refranchising pro cess has been completed under the I9R4 Cable Act. according to two attorneys who deal with cable TV law. 'In that sense, it’s quite noteworthy.* Lay said. Under (he Cable Act. a city is re quired to pay for the cable plant at fair market value "as a going business." said Robert Trager of the Boulder. Colo., firm of Trager & Rowland. That vague word ing likely would result in a court case, partly b^ause if (he franchisee is being forced out. (he system is not "a going business." Cable TV Gets Utile Attention As Greene Considers Bell ’s request By Vincente Pwdeloup The C able Industtey turned out to be a I bystander in U.S District Court judge Harold Greene ’s hearings last week on Uie regional Bell holding companies' ef fort to begin providing infomution ser vices, including cable television. Greene administers the Modified Fi nal Judgement of the breakup of AT&T that forbids the regional Beils from offer ing information services, manufacturing equipment providing long-distance ser vice and indulging in anticompetitive practices. The Bells have challenged the consent decree of the judgment and the Court of Appeals for the Washington. D.C., circuit in 1990 asked the judge to review his decision on information ser vices. Tlte Bells* potential entry into cable was not mentioned during the hearing as the telcos and the Department of Justice on one side and Bell opponents — a broad coalition that includes cable, news paper publishers and consumers ■— on the other argued over the legal standards that the judge should use to review his decision. The Justice Department argued the restrictions should be lifted based a broad public interest standard. Stephen Shapiro, an attorney for the regional Bells, argued most information services that need to transmit qiiicklv go through radio-based technologies Those services include burglar alarms, stoi k quotations, credit card verilic.ition or CD-ROM disks. Tliey don’t use 'elephonc lines, thus nullifying the risk the Bells could engage in anti-conipct.tive pras- lices against them, he said. One observer said Greene seenied un moved by the arguments for changing his ruling. “You can never be sure altogether, but it seems that judge Greene is unlikely to change the restrict!*. said Philip Verveer. an attorney with the firm of Willkie. Farr & Gallagher. Verveer said, based on Greene ’s remarks at the hear ing, the judge appeared to have found no factual reason to change his mind. The debate has turned into a constitu tional law issue, pitting the executive branch — the Department of Justice — against the judicial branch. Verveer said. Greene ’s decision is expected by the end of the summer. His ruling likely will include defining the extent of his power, considering that the justice Department did a IPtVdegree turn in the dispute: In 198<). it became a proponent of the regional Bells ’ entry into information services, without provid ing an explanation for the change. Verveer said. NATOA Reports Tiering, Rate Hikes A Survey Of 184 city regulators by the MNalional Association of Telecommuni cations Officers & Advisors said one in four cable systems retiered basic service in 1990 and that over half the systems overseen by NATOA members raised rates by 10 percent or more last year. The survey, conducted in January 1991. aiM NATOA itMitrtwn mund the coun try 20 quoliotts rangmg from how many fra nchises are included in the regulator's jurisdiclioo to the number of compiainu re ceived yearly to rates and what kind of oompelilion exiala *ui franchise areas. David Olson, vice president of NATOA and director of Portia ’s office of cable communications and franchise manage ment. said the survey was designed to di^ some myths about dty regubtors. *There ’s some false assumptions about local regulators and we want to correct (hose assumptions.* he said. For instance, he said the survey showed that 91 percent of (he respon dents want competition wilhin iheir ser vice areas, but only 5 percent of those surveyed reported more than one cable operator in their community suggesting few overbuilds in the country. “It’s been assumed that local regulators have been a barrier to competition and this survey sets the record straight.* Olson said. Susan Herman. NATOA president and general ntanager of the Los Angeles De partment of Telecommunications, said, until competition arises for cable opera tors, *we need restored authority to pro tect cable subscribers who have no alter natives.* A spokesman at the National Cable Television Association said. "City regula tors (in the study) seemed preoccupied with keeping rates down with no regard to improvements in service or program ming. and that is precisely the problem with city council regulation of rales.* CABLE WORLD / April 29. 1991 FCC Requires In-Set Captioning By Vincente Paedeloup ____ Federal Communications Com- I mission has voted unanimously to require that all TV sets be equipped with built-in decoders for closed<ap- tioning by July 1993. The rules ensure that television manufacturers will commodate existing cable security techniques when designing decoder circuitry. Also, the design should al low (hat new scrambling and copy protection equipment for cable chan nels not interfere with the functioning of the closed<aption decoders. The FCC encouraged the National Cable Television Associa tion to exchange information with the Electronics In dustry Association. OaSCINCCOM- WASHMBTON PLAINTS: Tl. Jua- WWf tleo Oopartmont will have the prima ry responsibility for processing com plaints about obscene programming on cable and subscription television Cincluding by satellite and mktowave), according to an agreement signed with the FCC. KID VIDEO: Ww Comidl of Bettor Bualnoaa Biirea ua * advertising stan dards for children ’s programming are adhered to, according to a study spon sored Iqr the national businee organi zation. The study covered 10,000 com mercials that appeared on network af filiates, independent stations. Nick elodeon and the USA Network in sev- en markets. The cable networks showed fewer commercials than their competitors, airing more than six min utes per hour, compared to more than 10 minutes for the network affiliates and more than nine mmutea far the in dependent statkms. FTC COMIMOfT: In comments be fore the Federal Communications Commission ’s rule-making on effec tive competition, the PndnrnI Trn^ Commlaalon said a cable system ’s abil ity to provide improved broadca st sig nals can be a critical factor in calculat ing its market power when bask ser vice consists mainly of loesi broadcast channels. The FCC is scheduled to vote May 9 on effective competition. MINE •iV. Lessons in P.R.: How One System Bumped the Senate ^ HANNEL Shiftino is always treach- werous territory, but it could have been especially touchy for the Jones Intercable Inc. system in Anne Arun del County. Md.. which found itself forced to move C-SPAN II Uiis month to return USA Network to its ‘-ystem lineup. Snce the system is in Washing ton. D.C.’s backyard, general manager Gary Massaglia took care to speak with Rep. Thomas McMillen (D-Md.), a member of the House Tdecmmuni- cations and Finance Subcommittee, b^ fore bumping C- SPAN II from Chan nel 40 to Channel 4S, which will de prive half of the sys tem’s subscribers of C-SPAN’s Senate coverage until a sys tem upgrade is com pleted next year. McMillen apparently had no obje^ons to the absence of the Senate on the system. Massaglia then wrote to Sens. Paul Sarbanes (D-Md.) and Barbara Mikulski (D-Md.) to give them the news. Public relations “never hurts.’ Ma^aglia said. “A letter is cheap.’ ABOUT THAT BILLING: Justice moves slowly, but never slower than bttt Tuesday uiten Group W and Dow Jones were set to press their appeal in (he battle over Financial News Net work. Before judge Morris Lasker opened the proceedings, he spent an hour swearing in about 40 apple cheeked new young lawyers. Standing behind them in the spectator section was a stark contrast: The dozen or so high priced attorneys involved in the FNN case, ndgeting. tapping fingers on briefcases, glancing at the ceiling, then their shoes, then the ceiling again. "Like football players standing through an hour-long ^ar Spangled Banner before a big game." quipped one courtroom observer. NATIONAL CABLE WHAT7: Pizza Hut again is the corporate sponsor of Natio^ Cable Month. But cable exec utives on a recent visit to a suburban Denver Pizza Hut found the assistant manager there clueless as to the cable programming promoted at the restau rant in the form of point of purchase displays and tray covers. MAKING ROOM To add USA Network, channel-shuffling: these Jones Intercable systems had to do some quick Market Date added Channel What USA Roplacoo Browofd County, Fla*4/8 21 VH-l (moved to ch. 48) Juneau. Wis.5/1 14 Weather Channel (moving to channel 28 in place of The Movie Channel) Oxnard, Calif.4/30 18 Country Music Television Albuquerque. N.M.4/1 6 A&E Network (moved to channel 18; moved to channel 33. replacing local advertising channel) Indopondence, Mo. Swum; CsbW Wo«M 4/10 25 Financial News Network Is Squeezing USA Onto Channel Lineups By Kathy Clayton ^INCE Atrii. 1. Jones Inirrc.nbic quietly whas been returning USA Network to system lineups as pari of Ihe selllemenl of the lawsuit Ihe cable network had brought against Jones in 1988. Among the channels being shifted to make room for USA arc The Weather Channel. MTV. VH-I. Arts A Knlertain- ment Network and American Movie Clas sics. according to an informal Cable World survey of 16 Jones systems last week. Six of the 16 Jones systems con tacted dropped or will drop cable or broadcast TV channels in order to wedge USA Network back onto their lineups. Tlie suit charged that Jones had breached an affiliation contract with USA when the cable company dropped the MCA Inc./Paramount Communications Inc.-ovmed network from all of Jones’ sys tems In 1988. Under Ihe settlement. Jones paid USA $6.2 million, according to the company’s third quarter report. ITte informal survey by Cable World of Jones Intercable systems found: ■ One system added USA to the VHF band, a range highly desired by program mers for the supposed ratings lift it pro- vi^. ■ Eight systems placet! USA on either Channels 24. 25 or 26. Two systems have slotted space on Channel 21 and another five systems placed the network between Channels 14 and 19. 'The wholesale addition of USA to all systems operated by the nation’s ninlh- CABLE WORLD / April 22. 1991 largest MSO illustrates how many sys tems are hard-pressed to allot space for new channels without dropping or shift ing others. Tlie systems that dropped or ^11 drop a network to make room for USA included Janesville, Wis., which plans to launch USA June 1 and will drop one of two Mil waukee distant broadcast signals; Juneau. Wis.. which dropped The Mow Channel; Albuquerque. N. M., which switched out a local advertising channel: Myrtle Beach. Ore., which dropped WWOR; Indepen dence. Mo., which dropped Financial News Network: and Oxnard. CaKf.. which dropped Country Music Television. “* Jones’ system in Buffalo. Minn., merged two community billboard chan nels into one channel to make room for the basic service. " Of the networks moved around to make room for USA, Tlie Weather Chan nel was moved most often. *rhree systems shifted it to higher channel poskhma. Oth er channels realigned included VH-I, MTV, Arts A Entertainment Network. The Jukebox Network. The Nashville Net work and American Movie Classin — all moved to higher channel positions. In South Sioui, City. Neb., C-SPAN I waa moved from Channel 24 to Channel 38; and in Anne Arundel County. Md.. C-SPAN II was shifted up to Channel 40. a channel which only half of the system’s subscribers can receive at this time. Of the 16 operations surveyed, only Jones’ system In Albuquerque. N.M.. placed USA on the VHF band. • • • 4* -.it.. i.‘. r. *i.i;V that he has generat- :on in af\er>ias pro* *.:re Occidental debt :o start firm 'inpany “will enable centrate on «he ere- >t' the entertainment .*tie showcase for his New York-based said. eflient said Peters re- hange. and it quoted ving he was giving ipport" to the man ha business partner Guber will now be iman of Columbia u chief executive, spokesman Robert .0 discuss financial arrangement with aid neither Colum- «ill have a stake in lOtesale :.96 billion in notes ut of bids totaling >g concludes today oa of SI I.7S billion (ids. It bepn Tues- akofSlX56 billion soles with an aver- )9 percent. : refunding is S2.5 than the previous February bKause of swnent receipts and (pcaditures by the ■t Cbrp.. the gov- cy set up to handle d ioan bailout. oductivity :* 1991. Eight hours cy caught the mis- ibled to report the iterday oiTictally re- d inaccurate figures oartment said the sd when inaccurate as transmitted from ' Department to the X Statistics. ufrigeration busi- with a truckload It and a fhendly 'links. Obituary on > • >V •*«a A • .a - • ^ • I • - »*its nis.iucu .»n M - I -H Via. t - viT a/f . ^ ^ V •j: 9 fhOv vi f <-•>*/ r:: r yj Staff Photo by Joay McLeister KIkl Stockhammar of NawTak Inc. damonstratad tha company*a VIdao Toaatar vMao-oifltlng ayttam Wadnaaday at tha Strictly Bualnaaa Computar Expo at tha MInnaapolla Cenvantlon Cantar. Vi(jeo Toaster cooks up top-quality special effects By SlcTc Gross SulTWnicr The TV images dance at ihc louch of a computer button. A TV picture of a woman shnnks and flips end-over-end until it dis* appears. A toy model of Batman’s airplane appean to fly through a “canyon” drawn with computer graphics. Psychedelic colors ’’fill up” a TV picture the way a stream of water fills a glass. Those and other tncks were created by a S4,000 gadget called the Video Toaster, which promises to deliver studio-quality special effects for budget<onscious video film pro- ducen It was the hit of the Strictly Business Computer Expo at the Minneapolis Convention Center Wednesday, drawing a crowd from among the Q.OOO people who at tended through midaficmoon. The Video Toaster consists of a special circuit board and software that transform an Amiga model 2000 or 2500 personal computer into a video special cfTects device It was displayed yesterday by Al pha Video, a Bloomington marfet- er of video production equipment and services. NewTck Inc., a 6-year-old Topeka. Kan., firm that invented the Video Toaster, said the product's unusual name is an inside joke. While the product was under secret develop ment, NewTek tned to throw po tential competitors ofT the track by saying it was building a laser toast er that would cut a hotel ’s logo into Toaster continued on page 8D \c •V fl' i • * % i » }. ♦« I ] » \ r< • I I I ^« 1 *>< I. I • I ■! >: 8D P"^ —. < Thurscay/Vav 9 "991 Star Tribunp Spotlight/Computers Toaster Condaocd from page ID .l>reid that was being toasted. Even ■when the product ’s true nature be* tcame known, the toaster name stuck. ■!CMrge Johnson, president of Alpha Video, said his company is betting 'that the Video Toaster can help cre mate a new “desktop video" market :that wilkcatcb on in the same way as !thc “desktop publishing" market, in which personal computers print pro- 'fessionaUlooking newsletten and ‘.other documents. He said the prims* ry desktop video customers writ be 'spools, corporations and indepen* ;dent video producers. • iSerious home video users can do •aome*speciai effects work with the ,*Video Toaster if they have both a ’videoT’cairtera to play uped images «intothe'Toaster and a VCR to record !the Toaster ’s output More, sophisticated special effecu workTequircs a SIS.OOO package of .equipment that includes the Video •Toaster. Still, even that appears to be ^Cheaper than ofher special effecu tModucts. A year ago Business Week said the Video Toaster turns the Amiga com puter “into a studio-quality video- effects machine as capable at gear normally costing S60,000." In February, PC magazine said that the Toaster-Amiga combination "brings to the PC most of the same functionality at professional video editing and switching equipment thatig costs from 10 to 50 times the price.' Paul Montgomery, a NewTek vice president, said the Video Toaster it cheaper than other special-effects equipment because it was created by enhancing the existing video technol ogy in the Amiga computer. 'Diat was far less expensive than building a video special^ffecu product from scratch, he added. Yesterdayi demonstration provided plenty of eye-catching specif effects. A woman made her TV image appear to .hatter like glass. Later the disai^ peared from a TV screen, onlv to rematerialize a bit at a time as if the had been beamed down by the Star ship Enterprise. More conventional features tupehmpoaed text over the TV picture or made credits scroll acrou the screen the way they do at the end of a movie. Animation also is one of the Toast er’s video tricks, and in the demon- ttration*it showed a car frying over San Fmciaoo's Golden Gate Bridfe and a futuristio-looking spaceship heading toward Earth. I NewTek also showed an MTV music video by pop singer Todd Rundgren. which Montgomery said was made entirely with the Toaster. In the vid eo, images of Rundgren float around the screen. Mon^omery predicted there will be growing derna^ for products like the Video Toaster because of vidco<am- era sales, more business and educa tion use of videotape and the TV show “America’s Funniest Home Videos." . .. "This is the start of a revolution." Montgomery prediaed. “Within five years, this tedinology will be com monplace."" ^s«’» »•/ttadn/haek ^ i ^ • I * « • r. # m ? . * I V * % %*• •K* ^ - '•*. .*1/ kM * ^ . a V ^INTEREST! n EQUAL MONTHLY PAYMENTS! NO DOWN PAYMENT! With Light -Save •1 lllllpwi ^709 fleq.«*«.oo ne-803 uw A» szs ■ Rying Erase Head ■ 2-Lux nw «sw«ui. ^ Accasaortoa mmsrs gift IDMS! r r • (; r: /- HENNEPIN COMMUNITY HEALTH DEPA k TMENI Health Services Building - Level 3 525 Portland Avenue South Minneapolis, Minnesota 55^15 w t iI'u ^ I , , Mu \"' i e iss. DATE:May 8. 1991 TQ FROM; Interested Individuals and Organizations Sue Zuidema. Director . J^ Community Health Department . /. SUBJECT:Update on the Dev- pment of the 1992*1995 Community Health ^erv" '.es Plan The Community Health “-'ards of Hennepin County, Bloomington. Edina. Minneapolis and RIchfleld have complek- a county-wide community needs assessment for the 1992-1995 Community Health Services (CHS) Plan. Copies of the document are available for public review at the following locations: Hennepin County Community Health Level 3 Health Services Building 525 Portland Avenue S. Minneapolis. MN 55415 Brookdale-Hennepin Area Library Information Desk 6125 Shingle Creek Parkway Brooklyn Center, MN 55430 Ridgedale Library Information Desk 12601 Ridgedale Drive Minnetonka. MN 55343 Southdale-Hennepin Area Library Information Services Desk 7001 York Avenue S. Edina. MN 55435 The Community Needs Assessment is one of two primary components of the 1992-1995 CHS Plan. The five Community Health Boards are currently reviewing the Community Ne^s Assessment and existing operations, and they are developing program plans which will be the other major component of the 1992-1995 CHS Plan. Public meetings will be held during late July or early August. You will be notified when the dates and times have been finalized. If you have any questions or comments about the CHS planning process and/or the development of the 1992-1995 Hennepin County CHS Plan, please contact Jim Mara at 348-3969. HENNEPIN CXDUNTY on equal oppoilunihr employer ,v^ •• - • .-”r-f. ..^^r:'.\ A % • V - -. . ^. i, fc w ~4 . ; • .«M. »* i^.jrnrrxtffag.. - ■•« ri. T • • rr_ .. u* r -i. 4^ it ..‘a. . «•». <*r«. • » < 4 *V T7;'i\*v.:*' r*i':—i;'!?".^♦-. - r ' 'T r V • V 4 p ^ ^ ^ jlZZZIii_‘i.' . 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ANNUAL MEETING Please return by May 31,1991 Name \ Address Phone # Attending The menu will include: Chicken with Mushroom Sauce, Hand Carved Roast Beef, Fresh Fruit, Vegetable Medley, Cake, & Coffee The cost will be $ 11.00 per person Amount enclosed $ Please return top portion of this sheet and check to: West Hennepin Human Services 4100 Vernon Ave South St. Louis Park, Minnesota 55416 Please detach here Please cut out permit below and' place it on your dash to receive free parking for the picnic. 3ermft for UM CLIPTOW E FRENCH WEGIOMAL PARK______ aret in park to ba FPFMSQl________________HILLSIDE ROOM--------------------- taUpiMMia <000)920-5533 _ tinia aniva S! SO PM tima dapart 9! 00 PM numbar in party A/ 5/01 - A/ 5/01 WMlWMOlvuit ^^y*^** ,PT-UP 8:30-6:00 FOR BUEEEI. l«f i-' • ! • i T tr*ic COMMENTS PAPKTMC Fgg *^TVFn rf>PV PPPMTT POP gOCH UCMTCLg at gQ QPi nr U QgU/TgPPV/l TKin£^ " — V DATE: 04/19/91 This psfmu must hs csmsd while in tnt osrh thd maop svs«is6ls to OtfH oorsonnsi upon rsouatt lUesfvsiton fsss are not ftfundsO»s csncsllstion it msds *n idts than 14 davs pnor to ute date iipacu rafuhda tor waodmda/Duudihoaj. A cancaiiation fa# will pa aaaasaad. ll VIOLATIONS OF ^ARK ORDINANCES ARE MISOEAMEANORS AND CAN RESUL* IN REL'OCATION 0^ *ERMlT OR ARREST PERMIT holder RES^ONSliLE FOR ORDINANCE VIOLATIONS AND DAMACt TO PARK RROPERT v (COPY 0* COMMON PARK RULES 1NCLU0 ORDINANCES AVAILABLE ON REQUEST BOARD.«gDArE WATZATA PUBUC SCHOOLS Mav 19f»lMay 1991 Hie regular meetiiig of District 284*s Board of Education was called to order on Monday, May 13,1991 at 7:30 p.m. at Wayzata Senior High School. Present were Board members Sliv Carlson, Howard Casmey, John Dettloff. Ken Hopkins. Paul Landry, Mary Smith, Marilu Theodore, and Dave Landswerk, ex officio. BECOa Employee of the Month Snyder Scholarships WHS Principal Bob Endenbe announced that Senator Durenburger phoned the school to notify them that Wayzata Senior High School has been recognized as a 1991 National School of EzceOence. Formal recogniiion will place in the White House Rose Garden this fall Becky Halvorson. District social worker, was honored as the May Employee of the Month. She was the first social worker employed by District 284. There is no published curriculum for a school social worker. Becl^ creates solutions as needs arise. She assists parents and children in crisis, works with police on understanding student needs, and trains elementary students to be careful with strangers. The District social worker program has grown from Becky Halvorson serving eight schools to a staff of five professionals. Faith HuflRnn. representing the Wayzata Area Public Schools Foundati(m. presented scholarships on behalf of the Robert D. Snvder Memorial Scholarship Fund. Snyder was the superintendent in District 284 for 23 years. Recipients of these awards for sununer enrichment activities are: Collin Arnett, Grade 1, Sunset Hill Ian Colter Nicklin, Kindergarten, Sunset Hill Erie Lee, Grade 8, Wayzata West Ryan Lee, Grade 5, Greenwood Tom Richardson. Grade 6. Oakwood Meg^ Complin, Grade 6, Sunset Hill Jennifer Larson, Grade 7, Wayzata West Molly Larsen, Grade 4, Gleason Lake Rob Meyers, Grade 8, Wayzata West Jessica MiU^ell, Grade 6, Sunset Hill Gary Siaw, Grade 11, WHS § ^OARD^DATE 2 Continental Math League Winners Science Awards Youth Service Program Honors WordBAaaters Award Joy Blanchard, EXPLORE program coordinator, presented the elementary awards. Winners were: Robert Ranwigk Grade 4, Oakwood Meredith Gruen. Grade 4, Oakwood Rahtil A^rwal. Grade 4, Plymouth Creek Rvan Anthony Grade 5, Birdiview Charles Ylitalo. Grade 6, Plymouth Creek Becky WvfTels. Grade 6, Oa^ood. Saraiane Mvers. mathematics teacher at East, presented awards to the following: Jeff Pan and Roh Parkeip. Grade 7 Becky Perkins and Brian Bii||h«»rp^ Grade 8 Wendy Cheng and Darin Hawley. Grade 9 Lynn Dunlan. IDEA coordinator, presented awards to the following West students: Will Chen. Matt Wcinzierl. and Ted Dorsey. Grade 7 Jom Crorier. Josie Fairbaim. and Gree Kemm^tmiiAJom Crorier. J osie Fairbaim. and Greg Kemmrtmtw>|]|ij» Grade 8 Rob Chen. Jenny Fischer, and Ryan Taylor. Grade 9 Debbie Brook^Golden. science teadier at Wayzata East, recognized student Mentists who participated in region^, state, and international science fairs. They were: •Allison Berry and Heather Steen. Grade 9, Wa3Tzata East who participated in the Twin Cities Regional Science Fair. •WHS juniors Heidi Konkler and Lana Stefa participated in the regional and state science fairs. •Wayzata West eighth grader Katherine Himes who participated at the regional and stete fairs. •Ryan Egeland who won the right to exhibit at the International Science and Engineering Fair in Orlando in May. He receiyed a ranking of second in the world and a $300 award from Amoco for environmental concerns. WyzaU Senior High School and Wavzata West Junior Hiyh School were selected as recipients of Minnesota's 1991 *Ezemplary Youth Service Programs." They will be honored at a ceremony at the SUte (^pitol with OflXfioiflLCadailll on May 14. WHSwas recogniz^ for the YES (Youth Extending Service) program studies instructor Neil Community Education Services. Wayzata West's Barb Branrh and student representatives detailed Project HOPE (Helping Other People Everywhere) which weaves volunteer and service projects into all curriculum areas. Jfly Blanidtard rocognized Karan Thiww. a fourth grader at Gleason Lake School, on her Word Masters Award. Karen was 1 of 8 out.of 40(X) partidpants in the nation >to have a perfect score. T 3*Teacher Venture Fund Grantees WCCOG Neic^bor TwinWest Leadership Trainee TnAniwMtaH AQABDv:i:> Student Council Sunset Hill PTA :i«) y :h iC» K 0 ec ngpoirra School Board Elections Community Survey ^^OARD^DATEInnovative projects designed by District teachers for the 1990-91 school year were funded by Cargill Incorporate Cnntml Data. First National Bank of Wavtata. and the Wavgata Area Publie SrhnnU Foundation through the Teacher Venture Fund. The following teasers were honored at a Teacher Venture Fund recognition event* Karen Baganv (Greenwood), Debhie Hoeve (Greenwood), Trish Jensen (East), Bob McCloughan rnft^cwnni^^ Joyce Runvon (Gleason Lake), Lvnda Rutherford (Oakwood). Sue SigfiidaQn (Greenwood), an d Bonnie Stone fOakwond^ Dave Landswerk will be saluted by WCCO radio (830) as the May 22 Good Neighbor in recognition of his selection by MAEOP (hCnnesota Association of Educational Office Personnel) as the Minnesota Educational Administrator of the Year. Sliv Carlson recently completed Leadership Twin West, a year long training program for selected members of the chariber of c jnunerce group. WHS seniors Tim Kovonen and Sean MrAd«fn« reported on school activities. Advanced Placement tests are currently being taken. A student council exchange with Minneapolis Edison was completed. WHS students visited Edison and the next day Edison leaders were guests at Wa3rzata. It was an eye opening experience according to both students. The Waysata Student Council will host a Lake Conference Hcnic on June 2. The council has held a series of open forums to explain the workings of the coun^. WHS has adopt^ the Luce Line between Vicksburg and 101 and is responsible for cleanup. Kbyonen and McAdams thanked the WHS staff and district administration for their part in the selection of WHS as a **National School of Excellence." Martha Anderson expressed concern regarding the late starting time for elementary schools. She stated that an earlier starting hour would be (1) more convenient for parents, many of whom both work, and (2) more in keeping with the physiology of elementary students, who are usually early risers and more productive in early morning. Dave Landswerk reported that the Scho<J Board election is set for Ttiesdav. May 21. Polls will be open from 7 a.m. to 8 p.m. The seats curren*' *' dd by Howard Caamev and Marv Smith are upfot <1. Three candidates have filed for the two seats: Howar av. Marv Smith, and Tom Sueea The Board approved a contract with Decision Resources Ltd. to conduct a comprehensive community survey. A formal report of the results will be presented to the Board in its work session on June 24. *>^ARD^DArE T4 academic SERVICES First grade teachers Karen Bazanv (Greenwood), Pat Krnm«>r (Plymouth Creek). £hzUiLMillfiL.<Gleason Lake), and Greta render (Birehview) presented an update on the Chicago Mathematics Program. With the support of Plymouth Creek I^dnal Garni Brvant. these teachers piloted the program in kindergarten and first gr^e and provided training for their colleagues. The focus of Chicago Math is teaching real-life problem solving applications integrated with other subject matter areas. Extensive use is made of manipulatives: dice, *real” money, cards, dominos, buttons, measuring devices, etc. The District plans to pilot this program in second grade during 19d 1—92. ANCEANDJIv B£ Gifts Bid Awards Change Orders The Board approved the following monthly bills: April general checldng account.......... $ 2,801.526.14 March 1991 wire transfer................. $ 39,087,644.44 The following gifts were accepted: $121.85 from the Oakwood PTO for the track meet fund $50 from Martha Anderson for East ropes course project The following bid awards were approved: • Light fixture replacement at Sunset. Hill to Labetown Corp. in the amount of $35,310. * Pavement rehabilitation projects to Bituminous Consulting in the amount of $61,685. *Roof replacement at the Administration Building to Vohnoutka Roofing in the amount of $34,588. •Boiler burner at WHS to LBP Mechanical in the amount of $31,843. •Lavatory partitions at WHS, East, and West to Specialty Sales Service, bic. in the amount of $28,131. •Playground equipment at Kimberly Lane to Earl F. Anderson in the amount a of $40,iHI The following change orders were approved: •Items iden^ed by MA. Mortenson at Kimberly Lane for a total net amount of $14,572. •Underground fiiel storage tank vent pipe at Kimberiy Lane in the amount of $1416. •General Sheet Metal Company changes at IQmberly Lane in the amounts of $654 and $2,691. T8 wiTMAV mgfifif mrB gggYICES Contract Modifications Leaves without Pay Reemployment Employment Teacher on Unreipiested Leave Tentative Settlement Vfith Clerical Union *^OARD,^<gDArE The following contract modifications for the 1991-92 school year were approved: Catherine Arriola (Sunset Hill) from .5 to 1.0 Barbara Berg (District ntirse) from .8 to 1.0 Joan Campbell (Oakwood) from.5 to 1.0 Ellen Davis (Sunset Hill, music) from .9 to .8 Gloria Ely (WHS home ec) frt>m 1.0 to .8 Virginia Gardner (elementary music) from .9 to 1.0 C)mthia Hanke (math. East) from .6 to .8 Ahson Jagler (phy ed. Sunset Hill) from .7 to .8 Jan Leuer (phy ed. Oakwood) from .8 to 1.0 Shelia Mullen (elementary art) from .8 to 1.0 Susan Sorensen (WHS special ed) from .8 to 1.0 Marin Tollefson (elementary music) from .9 to 1.0 Anne Martin, first semester, Plymouth Creek Kent Levine, second semester, Plymouth Creek These individuals will be sharing a position for the 1991-92 school year. Kevin Johnson—.2 social studies at Wayzata West Nan Kaatz. teacher at the Hennepin County Correctional Facility, through June 30,1992. The total cost of salary and frii^ benefits will be charged as tuition to the inmates’ home school district. A motion placing Jean Johnson, business education teacher at Wayzata Senior High School, on unrequested leave of absence was approved. >r Adame reported that a tentative settlement has been reached with Local 284 representing the Secretaries, Cleihs, aiul Assistants. Tlie Board will consider ra^cation at the May 22 Meeting. Hie meeting was adjourned at 9:27 p.m. THE BOARD WILL HOLD A SPECIAL MEETING ON MAY 22. 7:30 A.M. AT THE ADMINISTRATIVE OFFICES AND MEET IN A WORK SESSION ON TUESDAY. MAY 28. AT 4:00 P.M. AT SUNSET HILL ELEMENTARY SCHOOL THE NEXT REGULARLY SCHEDULED BOARD MEETING WILL BE MONDAY. JUNE 10, AT 7:30 P.M. AT THE DISTRICT ADMINISTRATIVE OFFICES. AU MEETINGS ARE OPEN TO THE PUBLIC. tJPDA!FE u apuhUeoHonofthePubUcInformaiUmOffte^ pf ^9 Wajaaia PtMie Sehooig, P<ar additional Utfbrmaiion on any cf tha iUma ^ ihia retort, oaU 479^100 or 479^m, VXVZ&VA ONY ‘ONOHO VSNOiaNNlH*VNICQ1I *aHYl aNIOIOaN ‘aAOHO 3ndVN *NVH03H(K) fo M|9|uniuinoa aqi JufAMS 1. Nof^PraltOig. U.S. POSTAGE PMO WayzMuMN PERMrrHo.43 s ■■A h ( i I I GITYofORONO Post Office Box 66«CrysiRl Bay. MinnesoU 5S323• MunidiMl OfBoii :)pf)No On th*^ North Shore of Lake Minnetonka May 9,1991 Mary Miller, CounciInember City of Long Lake 1964 Park Avenue Long Lake, NN 55356 Dear Mary: This letter is in response to your letter of April 24, 1991 regarding the proposed Bike/Bike Trail rn the City o creating a link from Baker Park to the Luce line Trail, adjacent to or parallel with Old Crystal Bay Road. For your information the City of Orono developed^ a conceptual Bike/Hike Trail Flan several years ago. A map of those routes is available at the City Office for ycur review at any time. The route along Old Crystal Bay Road has been a part of that plan from the beginning. The reason for the comments in the newspaper recently is because the Hennepin Parks system is very interested in a connection of Baker Park and the Luce Line Trail and eventually to Hoereaberg ark on North Shore Drive. At this time it is being reviewed by the City of Orono and Hennepin Parks to determine feasability. We doubt very much that construction could begin this year. X don't think anybody felt that the proposed north/south trail would at any time parallel existing or proposed major roadways such as Highway 12 but would probably cross over/under or at grade (whichever is the most safe) any existing or proposed aiajor roadway such as Highway 12. Accordingly, we think it will have no impact on the Highway 12 location. We believe this trail system will be a marvelous facility for the people of Orono and Long Lake. We hope that the Long Lake City Council and the Long Lake Parks Board will give it their unqualified support and will develop trails to connect with it. In this way. Long Lake children and adults will have a pedestrian route to the Orono schools and Orono residents^wi^l have a safe pedestrian route to the Long Lake business district, churches, etc. tl’tUNNC a lONISC - JTMirr ASKWNC administration a finance - 47?.73» fA\.<m45l» PUBUC WORKS - 4TW735» I J rt. :: t.- Li-: Vr-*-. kc fe: t\<Sv-'I I. If vou have further questions or concerns please feel 11 a? I73-7357 Also please let ine know if you have any further information you wish to have me communicate to tne Orono Perks Commission« Sincerely» •7ohn R. Gerhardson# Public Works Director JRG/jlb % ..j .. I I: tEf:-rf. ii. tyj^-I^S" P-^■fei- i' hio. P.•• ■;/n rr.'- ... ,-f.: t:,.. • 'l\ tk. i-I-fi /hJz^vrcA3"*i^S ciT 3€Ci^w_ • 9 ^ -. ^ • — —2i, :ao • '\c. J "J in 7'5r‘‘i^r ■*'"n Orom Public y.Qt'\2 ?,0. 9ox <5o Ccystal 55 323 o«ar John, . . u., r nawsn^nor f-SO®I read with dismay che ':::.; I- Igi gu a •^i'<inc enclosure) concernino r,-,- -es^srve. and bi’<inq trail cetween tie ..ic, a.- .ichouoh c.is is ^ iUrril4n,r/iM-ru’n=r.',fis;?re:..^^^^^^ issns is cnoost.. ,n “a’i«st hishwav cotri^oc, che 1=4 sx-.snsion. cortiVoci ‘c.'.rsnt:lV i-i-isr c-.asiasrst;i.’n in -'a-TScs and -iconn. j ^ - ^^cicoriui^ one on ciis *’ i**“ .nrairnta^c'S^nvVlv^'n ntnisttsrf narV.sn.as slonn any ocoiect and all or-l’ninarv hichwav rr?la«’«ru re"=!,«ln ’lr.;r-.;irvsac-srcre .ocicociu. wo,U. be In effect for less chan one /ear. -»h<s is of utmost innoctance to our s-.nll ^a<e. /i^ate loo-<ina to our verv survival, -lease consider the fairness and i.mract of this oroiect. Me look forward to your resoonse JiarvCouniilmember, City of Lona Lake Chair, Hiahwav 12 Relocation Committee CtnHAtUlWe/MMtAVtNUt • LC3NC UiKE, MINNtSOTA 553S6 . mONfc (612)473 6961 'I i ty S'-'--. Ph - 1^—Wayaa/Cmw/Ung UM Saiior—>vm.. .'Mrcn ZT. :99i Orono looks to build trail Orono city parks recently met with otficials from Hen- neoin Parks to the possibility oi jointly estabiisnin^ a hik ing and biking trail between the Luce Line and Baker Park Reserve. Hie (rail would begin where the Luce Line meets Old Crystal Bay Road and would run parallel to the road north to Baker Park Reserve, which makes up part of the northern oorder of the city. The (rail is included in the city’s park plan, and Hennepin Parte has long a link between Baker Park and the Luce Line. ‘It makea good sense from tte p^’s perspective," said Doug ftyant, siyerintendent of Hennepin Parte. Bryant and John Gerhardson, the Orono staff member who works with the city’s parte conunission, described the meeting as preUminary. -“They were very receptive to the idea," said Gerhardson. The dty cumntly has the standard road right of way, 33 feet from the center line, and hasn ’t acquired any other right of way. "Ideally we would have a separate trail rather than a trail con nected to the road," said Gerhardson. He said a survey of city residents two years ago identified trails as the second-most- desired amenity in the city, behind open spaces. "We are in die h*g«""«ng stages of this, but it is our intent to build this traU," said Gerhardson. GITYoTORONO Post OfTicc Box fi6*Ci>stai Bay. Minnaaota S6323*Maiikipal OfBeaa On the North Shore of Lake Minnetonka May 9,1991 Mary Millar, CounciImember City of Long Lake 1964 Park Avenue Long Lake, MM 55356 Dear Mary: creating a link from Baker Park to the Luce line Trail, adDecent to or parallel with Old Crystal Bay Road. For your inforr^^tion the City of Orono developed a any tine. The route along Old Crystal Bay Road has been a part of that plan from the beginning. The reason for the comments in the newspaper recently is because the Hennepin Parks system is very interested in a connection of Baker Park and the Luce Line Trail and eventuaJ ly to Noerenberg Park on North Shore Drive. At this time it is being reviewed by the City of Orono and Hennepin Parks to determine feasability. We doubt very much that construction could begin this year. I don't think anybody felt that the proposed north/south trail would at any time parallel existing or proposed major roadways such as Highway 12 but would probably cross over/under or St grade {whichever is the most safe) any existing or proposed major roadway such as Highway 12. Accordingly, we think it will have no impact on the Highway 12 location. We believe this trail system will be a marvelous facility for the people of Orono and Long Lake. We hope that the Long Lake City Council and the Long Lake Parks Board will give it their unqualified support and will develop trails to connect with it. In this way. Long Lake children and adults wiJ I have a safe pedestrian route to the Orono schools and Orono residents will have a safe pedestrian route to the Long lake business district, churches, etc. M’ ■ Bt'IUNNCa ZOSIMi • -rrVTjr AiiEMINC ^OMIM'iTRATIOS 1»INWf I - FAX - 47MSHI PI sue WORKS . r.t.735* A<VHERS ~HE -/VESTSfCIKSjyo I 1II II-1 '# \ot i 1 21, 1 i *’r. JonnOrono Public '^or’<s P.O. Box 66Crystal b»v, m?j 55323 Dear John/ I read with dismay the recent article in the n wcnaoc-r fsee enclosure) concernina the oo.nei'-'ii establishim a ’“'ikina and bikinq trail between the ^.ice 'iine en<^ ^aket eesesrve. Mthouah this is a noteworthy oro'iect and would benefit our area, it could not cone at a worse tine. This nro'^ect further muddies an already terriblv uncl'^ar issue...that issue is choosino an east-west hiahwav corridor, the extension. This Is a v/ell intentioned oro^ect, but caution should be use<^. There have been numerous comments at the timina o? this oarticular oroiect and ch** anaxinc amount other Ian*’ in f^is area offered for oarklan'^ or *1- oronertv.. . ;»it abuttim hichwav corridors ctirrently under consi'^eration in ■•’a’^nata and omno. Issues remain clear, Z ococose a m^ritorium be out on this oroiect and all orojects involvinn oroferred oarklan'^s alone any MnDot highway corridor altenatives. ""he oreliminarv hichwav corridor will be chosen later this vear so the moritorium would be In effect for less than one wear. This is of utmost innortance to our small community of ^om ^ake. We are lookino to our very survival. Please consi-^er t e fairness and Impact of this oroi'^ct. We look forward to your resoonse. Maev filler Coun6llmember, city of T,ono r.ake Chair, Hiohwav 12 Relocation Committee V, I ii Pi ^®iiy& CITY HAU: 1964 PARK AVENUE • LONG lAKE, MINNESOTA 55356 • PHONE: (612)473-6961 m P ''Su.; Eft' - 3A —WiysM/OiOflQ/long Uk* Stilor—WM.. .'Mict) 27. 1991 cfOrono k)oks to build trailOrooo city parks officials recently met with officials from Hennepin Parks to discuss the possibility of jointly establishing a hiking and biking trail between the Luce Line and Baker Park Reserve.The trail would begin urtiere the Luce Line meets Old Crystal Bay Road and would run parallel to the road north to Baker Park Reserve, whldi makes up part of die northern norder of the city.The trail is included in the city’s park plan, and Hennepin Parks has long sought a link between Baker Park and the Luce Line. “It makes good sense from the perk’s perqiective.’’ said Doug Bryant, superintendent of Hennepin Parks.Biyant and John Gerhardson, the Orono staff member who worics with the city’s parks commission, described the meeting as preliminary. '“Ihty were very receptive to the idea,’’ said Gerhardstm. The city currently has the standard road right of way, 33 feet from the center line, and hasn’t acquired any other right of way. “Ideally we would have a separate trail rather than a trail con nected to the road," said Gerhardson. He said a survey of city residents two yc^ ago identified trails as the second-most- desired amenity in file dty, behind open spaces. “We are in ^ beginning stages of this, but it is our intent to build this trail,’’ said Gerhardson. L^-;v -•__K.- LAKE MINNETONKA CONSERVATION DISTRICTBOARD OF DIRECTORS AGENDA IIIMtiss --Regular Meeting, 7:30 PM, Wednesday, May 22, 1991Tonka Bay City Hall .y ^^901 Manitou Road (County Road 19) M#" & ^ ^7:00 PH PUBLIC hearings: 1. Nagel Variance application for a set back variance on a peraanent dock 2. Excelaior Park Tavern-reconsideration of dock and density licenses granted 3/28/90 in light of change in charter boat amenity 7:30 PH REGULAR MEETING: LMCD Board of Directors Call to Ordar •oil Coll •oodiog of Hinotaa - 4/24/91 Board Meeting Pmblic Coaaoata “ from persons in attendance not on agenda Choir Announcoaonts, Cochran 1. Lake Inspection Tour 6/8/91 2. LHLOA Meabership Picnic review littaa Roporta 1. ENVIRONMENT, Eurasian Hater Milfoil Task Force, Chair Reese A, Personnel hiring in support of the EHM weed harvest operation, 1) Recoaaending Shawn Reilly for the teaporary full txn< Operationa Superviaor position 2) Authorising Task Force Chair Reese, Executive Director Stroaaen and Project Manager Maro to select teaporary positions of aechanic and four weed harvester equipaent operators at salaries within allowances as provided in 1991 budget B, Fund raising status and forecast C, Additional business m .t-''n f?:-: h-' >^K k. R'Sj- I-p.: 5“;- ■P' !l'v- ::p' I' '*■;-■ ■ i- U ttm. :i-f BOARD OP DIRECTORS AGENDA, 5/22/91. PAGE 2 2. WATER STRUCTURES. Chair Grathwol A. Approval of minutes, meeting of 5/11/91 B. B. P. License renewal and temporary low water variance applications from Lakeside Marina, recommending denial baaed upon four violations cited the past year. C. Jaannia Bowers Variance Order as prepared by the attorney, recommending approval D. Conflict of interest study, recommending that the Board appoint a subcommittee to prepare a report by (date) Multiple Dock License renewals, recommending approval with conditions as noted: 1) RENEWAL WITHOUT CHANGE: Both subject to village certificate: ♦ Grays Bay Marina, Grays Bay ♦ Park Hill/Park Island Apts, Smiths Bay 2) RENEWAL WITH TEMPORARY LOW WATER VARIANCES: ♦ Beans Greenwood Marina, St. Albans Bay, subject to village certificate *■ Porest Arms Improvement Assn., Forest Lake, no increase in slip sizes ♦ Poshill Homeowners Assn., Smiths Bay, no increase in slip sizes Deicing Application Deposit Refunds: 1) Recommending forfeiture of refund to North Shore Drive Marina as a result of multiple inspections for non-compliance 2) Recommending $50 late fee be deducted from Lakeside Marina deposit, laaving a deposit refund balance of $50 3) Recommending approval of full refund to 20 lie as identified in the minutes 6. Additional business recowiended by the committee 3. LAKE USB, Chair Pillabury A, Approval of minutes, meeting of 5/20/91 - - yr.Tp: h ■ ■I'rh I i if--P--\ip' ¥ p*.- I II;Pi •j. v;--K >■ A board op directors agenda. 5/22/'H. PACE 3 B.w"n.tions with stipulation, as recomoend.d br Foundation. 3 A B With a Spla.h. A/«/»l •Lund City Days. Bald Eagla Hat.r Ski Show. 6/23/91. adding to Pir.works display p.rmit *Minnesota State Sheriff's Assn.. Pishing Tournaaent, 6/18/91 Dapoait Refunds at $100 each, as recoaaended by *Holiday-Johnson Crappie Tournament. -/j. •Hestonka MOA Committee Crappie Tournament. 5/18/91 Cansolidated Race Schedule, as recommended by c:«!tt.e. regarding request for approx. 20 Flying Scott sailboats 7/12 7/14/91 at Waytata Yacht Club per site plan C. Water Patrol Report D. Additional business recommended by the committee 4. ADVISORY, Chair Rascop A. R.solution sp.cifying proc.dur. Term Management Program, recommended by Hater Structure Coa«itt#6 for approval as presantad B. Additional business recommended by the committee 5. FINANCIAL REPORTS. Treasurer Boswinkel A. Statement of Cash Transactions, month ending 4/30/91 B. Audit of Vouchers for Payment C. 1990 Annual Audit Report and Management Letter 6. EXECUTIVE DIRECTOR. Strommen A.Draft st.t.».ot r.i.ting to H.yiat. Yacht Club dock and_ district aooring crc. liccoa. r.o.w.l with t.aporary low water variance for docks only, recommending the be directed to the Hayxata Yacht of Waytata dalioaating LKCD'o license renewal subject to a valid conditional permit for the Hayxata Yacht Club r i k BOARD OP DIRECTORS AGENDA. 5/22/91. PACE 4 B.Administrative progress: preliminary draft of the 1992 LMCD Budget (to follow) C. Personnel progress UVPIHISHBD BUSINESS NBN BUSINESS ADJOURNNBNT Ifi • LAKE MINNETONKA CONSERVATION DISTRICT Board of Directors Regular Meeting, 7:30 p.m..Wednesday,April 24. Tonka Bay City Hail 1991 Call to Order: The meeting was called to order by Chair Cochran at 7:33 p.m. HMbars Present: Bert Foster. Vice Chair. Deephaven; Hurr. Orono; Robert Rascop, Shorewood; Douglas Babcock. Secretary, Spring Park; Marvin Bjorlin. Tonka Bay; David Victoria; Thomas Martinson. Wayzata; Robert Slocum. Woodland. Alsrpreient: Sgt. Wm. Chandler. Sheriffs Water Patrol; Charles LeFevere, Counsel; Rachel Thibault. Administrative Technician. Sugene Stroounen. Executive Director. Abeent: None Reeding of Minutes: Bjorlin moved. Babcock seconded, to the minutes of the 3/27/91 meeting as submitted. Motion unanimously. approve carried Public Comment: There were attendance not on the agenda. comments from persons in Chair Report, Chair Cochran . -. uTLere were no announcements from Chair tochran Coamd.ttee Reports A. WATER STRUCTURES, Chair Grathwol Or.thHol proposed a change in the order of the agenda to consider Itena 3. 4 and 13 in that order and he wjU ^ask ,for was added to the agenda: 1.) deposit refund to Harrison Harbor Twin Home Associates. There were no objections. 1. Minutes of 4/13/91 meeting. Grathwol moved, Hurr seconded to approve the minutes of the 4/13/91 meeting with the following from the bottom to read: moved. Foster seconded, that the committee recommend that the proposed Dock Use Area Site Plan Page 11, Second paragraph to read: Babcock moved, Grat seconded, to recommend approval of a $100 dCPCSl^ refund . . . Motion carried unanimously. r,M(!D Hoard of Directors April 24. 1991 P.? ( ■^1 ■j- 2. Bowers Variance to Establish s Dock Use Area during Low Water. The Board received a recommendation from the committee that Bowers is entitled to a dock to navigable water and that the proposed Dock Use Area Site Plan I be adopted for low water years with stipulations. , Martinson moved, Foster seconded, to approve the reoommandation that Jeanne Bowers, 21600 Fairview Street, Greenwood, is entitled to a dock to navigable water. Motion carried, Rascop voting nay. Grathwol moved, Pillsbury seconded, to approve the committee recommendation that the Bowers temporary low water variance be granted as shown on Site Plan I, along with the stipulations set forth on the document entitled "Bowers Variance Stipulations dated 4/10/91 and made a part of the file. LeFevere is to prepare the Order for Board action. DISCUSSION; Arlo Vande Vegte, Attorney, representing D<iwers neighbors, submitted a letter dated 4/23/91 which sets forth four of the neighbors’ positions. He noted the LMCD policy to encourage people to share docks during the low water period. He also mentioned the LMCD ordinance which prohibits dock encroachment on neighboring properties. In Vande Vegte's opinion the LMCD has the authority to order Bowers and Schrock to share dockage. VOTE: Motion carried, Rascop voting nay. Following the vote there was discussion with the neighbors regarding the implementation of the Order. They were advised to proceed with their dock installation according to Site Plan I. C. G. Schrock, 21630 Fairview Street, re-stated his position that he is not desirous of sharing a dock. Stephen Chase, 21650 Fairview Street, stated he believes his dock has been installed to meet Site Plan 1 requirements. Tim McCarthy. 21560 Fairview Street, cited a recent news article published regarding temporary low water dock extension guide lines which encourage dock sharing. McCarthy concluded that LMCD could order two parties to so share a dock. Grathwol stated that, if necessary, there are mediation services available to work out any unforeseen problems. 3. Hayzata Yacht Club Multiple Dock and District Mooring Area Renewal Applications Grathwol moved. Babcock seconded, to approve the Wayzata Yacht Club multiple dock Site 1 and 2, and District Mooring Area renewal applications and the temporary low water variance applications per the site plan detail received 12/3/90. DISCUSSION; In a letter dated 4/19/91 from Wayzata Mayor Gisvold, GisVold indicated the City believes that the health, safety and welfare of the public is jeopardized by the issuance of the Wayzata Yacht Club dock license without a properly t-i e:* fhr.I" h-^^'h- >■■ -' r '• % I':fr wr I.MCD Doarcl of Directors April 24, 1991 executed Conditional Use Permit (CUP) between the two parties. The City objects to the issusnce or tne license. . . . . Martinson reported from contacts with city orriciais that there is some question as to whether or not a current CUP is in effect with regard to the property. There are two pre-existing CUP’S. and a proposed CUP. The city is anxious to resolve the differences between the city and the Wayzata Yacht Club. There is some question as to conditions of the 'old" CUP which create navigational problems with the channel at the public launch area. Martinson continued. The city believes there will be improvements for use of the public channel with the new GUP, and therefore Martinson recommended the action on the license at this time be tabled. wvrMotion: Martinson moved. Rascop seconded, to table the WYC applications to allow the city and WYC to work out the CUP differences. Motion carried. , *u The Board subsequently agreed to allow discussion on the motion to table. Discussion: Hurr asked if the LMCD code requires proper zoning for a license of this kind. LeFevere replied that all the code requires is that the applicant submit as part of the application a demonstration as to compliance with Jurisdictions. Foster suggested LeFevere submit more detailed comments in writing. a. ^ Cochran noted time constraints with the rapid approach of the boating season and the need to make decisions on licenses. Slocum mentioned people are in the audience who could speak on the subject of the CUP and WYC relations with the City of Philip Cole, WYC Counsel, stated the Club has the proper zoning and is in total compliance with their CUP. Such a delay poses a hardship on the 127 people who keep their boats at the WYC. Grathwol invited the Board to reconsider the tabling motion. Reese spoke in favor of re-opening the motion to table. Motion: Babcock moved, Bartos seconded, to reconsider the motion to table the Wc zata Yacht Club license renewal application. Motion carrie.^. . . - Discussion: Hurr asked WYC attorney Cole to respond if they have the proper zoning, because it seems to be in conflict with the Wayzata mayor's letter. Cole re.sponded that the Wayzata letter is incorrect, that both Club properties are in an R-2 zone. WYC was issued a CUP in 1974 to operate the Club at its "Shoreline Property" (Site 1). The property has never been altered, has never had another hearing on that conditional^^ use permit. Another property at HWY 16 and 101 is the "Bell Property", a supplemental parking lot. The 1976 CUP on that property as a parking lot carries a number of stipulations as to plantings, shrubbery, and a 400’ perimeter on the buoy field and 127 boat limit on the moorings (total licensed watercraft storage). In the summer of ’90 the city granted a temporary water exception to the CUP to go out beyond 400* through November, ’90. At that same time the city also modified !'U: li- r I..' • 1 f ■tr t?: fl'pf- h t- r- ■"• i', LMCD Doard of Directors April 24, 1991 the Dali Property JUP so that tne r.ooring would net be pi ed to occupy or impede the public access ingress and egress. ..._re has been complete compliance with ingress/egress tor ^ne launch ramp as d^^inon St ratted on the site plan. oont.i.nued that th© disagreement the WYC is having with the city is that without holding a hearing, (in fact they do not have a right to hearing on it) they are asking the WYC to modify the Shoreline Property CUP. The WYC has said they are prepared to do that, but they want a broader discussion with the city. The city said if the WYC does not sign the new CUP, they will object to and try to keep the WYC from getting its dock license. That is the basis of the disagreement betx^een the WYC and the city. The city has other remedies, and in this case they are dead wrong. Cole stated that Mayor Gisvold has agreed that the city has no right to demand that the WYC amend the Shoreline Property CUP. Gisvold says they want to get it done because the city manager thiniks it should bo done. Cole indicated they are willing to do it. There is a broad range of issues . . . Wayzata wants to move the launch ramp and they want part of the WYC property. The WYC is willing to make that part of the discussion. In response to a question from Hurr, Cole identified the property to the west of the launch ramp. Site 2, as^an R-1 site with a prior non~conforming use. There is no CUP on this property. The property had been used before the city had zoning exactly as it is being used today, including numbers of boats. The land use questions raised are whether the property has always had parking on it and docks next to it. This property has never been raised as an issue. The WYC has proposed that this property be brought into a larger CUP. Carlson questioned whether complaints on use of a property might cause a city to review a CUP. Cole responded no, that ^ COP is irrevocable. In the case of the Bell Property (parking lot) the city could invoke a court process to review the CUP, but it does not want to do that because they want the parking at that location (for club members). No violation of the CUP has been charged. The mayor wants the Shoreline Property CUP to be Joined with the Bell Property CUP under a master agreement. The WYC has not agreed to do that. The city has never held a hearing on it, and they can’t hold a hearing on it. Cole continued that there has been no charge that the WYC is in violation of any CUP. that he knows of. And the mayor has agreed that the WYC is not in violation of the CUP. The city’s demand that the WYC alter the other CUP is without legal rights. Martinson pointed out for the city that the district mooring field (DMA) on the WYC application would be different from the DMA which is drawn in the 1976 Bell Property CUP. Grathwol asked for a suggestion for a DMA which would be acceptable to the city. Martinson responded that it wf'uld be as in the new application which is in the revised pj 3sed change to the Joint CUP over both properties. The WYC and .jity have still not agreed to the revised CUP. It I.MCI) Hoard of Directors April 24, 1991 . • • • • H I URobert Albright, WYC, noted tnat the compliance with the CUP according to the city's July. ’90. and in Oct., the WYC advts,. the city in came into direction in a letter that stayed in exact compliance and had placed the buoys in location. In March the Club sent a letter to the city site plan similar to the one in the LMCD renewal ion meeting the ingress/egress conditions and the 400* it had proper with a appliCv permxt^^^^^^^ asked if there is a mooring field acceptable to the city and the WYC. Albright responded very definitely there is.^ Martinson concurred this is true, but from ^^he city s perspective IL is subject to executing a new CUP on the properties^^^ noted that if an applicant complies with all of t.MCD ordinances. LMCD would grant them a permit. He does not understand the position of the city, asking that their zoning problems be interjected into LMCD’s lake regulation problems. Grathwol suggested LMCD should reach agreement on its lake matters and have the city resolve its zoning matters. •'SQH S2iid 'the city wants LMCD to b© aware oi the tact that it has a dispute, and it sees the LMCD as an administrative extension of the councils around the lake. The question the city poses is, does LMCD want to approve a permit where the applicant is not in compliance with the zoning issues which surround that niece of property? Cole responded that what the city wants the WYC to do, the WYC thinks they are not entitled to do. The WYC wants a fair hearing befove another body to resolve the issues. Notion: Martinson moved, Hurr secon i, to approve the multiple dock and District Mooring Area renewal applications of the Waysata Yacht Club showing site plan detail received 12/3/90, subject to receipt of a CUP agreeable to the City of Wayzata and the Wayzata Yacht Club. j Asmndaent: Cochran moved, Babcock seconded, to amend tne motion by striking the part of the motion starting with the word “subject". - .1 j Vote on Anendaent: The amendment to the motion tailed. AsMindaent: Foster moved, Hurr seconded, to amend the motion by striking the part of the motion starting with the “subject” and substituting "subject to a valid CUP for the WYC. Motion carried. Notion as Amended: That the Wayzata Yacht Club renewal applications for Site I and 2 multiple dock licenses. District Mooring Area license, and the temporary low water variance application per the site plan detail received 12/3/90, be approved, subject to a valid conditional use permit for the Wayzata Yacht Club. Motion carried, Martinson voting nay. Duane Markus, Wayzata, voiced his objections to the Board action, and also expressed his belief that some Board members have acted on this matter with a conflict of interest. * y'ir jf:,. ■f li'' 'Irp t E?'.' Wl fi:- il-br w i:|v r>' fl .1t|r %5'Ia I i I.Mdl) Hoard of Diroctorn April 24, 1901 4. Dtifinition of Commercial Marina and OutloL Associat,'■ ^t#. Fa*. ilities Recommending Code Amendment, Gee. 2.11, Subd. 2 and A^-^iing New flubd. f> to Sect. 2. 11 per LeFevere Letter of 3/25/91. aa.) as Grathwol explained that the p -^posed amendment arises out of a series of discussions about Chapman Place and E.xcelsior Bajr Associates. The outcome of the discussions is the committee recommendation that the Excelsior Bay^ Associates becomes an outlot association as it has been from the beginning and continues to operate as it had been from the beginning. Chapman Place originally was a commercial marina. •uvr noted that under the Management Plan, outlot iations are not considers desirable. Foster responded that j Management Plan object-.^es for higher densities develop on the lake, the outlot option cuuld be eliminated. Rascop asked whether the exclusions in the definitions would open an opportunity for someone to buy a coiT..;iercial marina and convert it to a condominium dock. LeFevere responded that the effect of the ordinance is to make " -ore difficult. It closes loop-holes in the original ordinance, and he does not believe it creates any new ones. Grathwol moved, Cochran seconded, to waive the readings and adopt and order published An Ordinance Relating to Conversion of Use of Non-Conforming Docks and Structures in L-=;ke Minnetonka; Amending LMCD Code Section 2.11, Subd. 2 and Adding New Subdivision 5 to Section 2.11. Motion carried unanimously. 5. Consent Agenda Grathwol moved, Foster seconded, approval of the following: Chapman Place license renewal, including temporary low water variance, and license management agreement and amenities review with concluding recommendation by 1/93 as recommended for approval by the Committee Windward Marina, Inc., 1991 license renewal ^ and temporary low water variance to maximum cf 260* to accommodate 4‘ keel boats, less extension if possible, applicant to show just cause for low water extension over 40’. Multiple Dock Licensse renewals without change: rig Island Vets Camp; Cedar urst Assn.; Jennings Cove Dock Owners Assn.; Lafayette Ridge Homeowners Assn.; and Loring Acres. Multiple Dociw Licen.re renews* with minor change- Boat Rentals of Minneto? ..a; Shore, e Drive Marina & Yacht Club including 385 fee refund; and Tonka Bay Marina subject to $240 payment e 1990 license fees. ,v li M fv \i 'tt /■% l^-r Hlr- ' [h ,■ I- •: r.MCI) Hoard of Dlrectora April24, 1991 Multiple Dock License renewals with temporary low Apartments-, and Ghorewoed Vacht Club with stipulations for Minnetonka Boat Works per committee minutes of 4/13/91 Excelsior; Lafayette Club with variance changes as stated in committee minutes of 4/13/yi Excelsior ”pi‘rl;‘’^?av^r^‘‘ ^^/a:r:.»:rr?iom"l!:c:i^t:r°rar ^ ^^Sb) for 20 Storage. 12 transient slips; North Shore Drive Hanna sub lect to storage/service slip designation adjustment, ores ImprovLent Assn, (no change) Foxhill Homeowners Assn. (no change) Multiple Dock License for Excelsior Bay Associates, renewal without change. Mai Tai Marina, non*renewal, inoperative, all slips to be roped off. Staff to enforce code for marinas which have not made application for a current license. Multiple Dock License Renewals holding for city certificates: St. Alban's Bay Marina; The Harborage to include a to-scale, dimensioned as-built Thomas with minor amenr it to site plan; Roger wikner, reducing slips 9 6 BSU. Motion carried unar. /• the above staff to on their 32 as storage slips was based on availabilitv of space f charter boats and whether the present ameniti's fit Qrathwol moved, Babcock seconded to instruct the set up a public hearing for the Excelsior Park Tavern new dock and special density license because of the City of Excelsior denial of charter boat dockage as a Fred Bruntjen, Excelsior Park Tavern. r -ponded to the Board's inquiry that they plan permanent stora®^ mong their slips so licensed similar to the renewal of the o license. LeFevere questioned how the slips are go, 1991. Qrathwol responded that the purpose of the public hearing is to open up the question of the Excelsior Park Tavern new multiple dock license for 40 slips. Vote: Motion carried, Martinson and Hurr voting nay. I A jgfeM. n7o l-iV. r,MCI) Board of Directors April 24, 1991 Rascop moved. Bjorlin seconded, to reconsider the approval of the 1991 multiple dock licenses and to remove the -/.celsxor Park Tavern from the list. Grathwol asked for defeat of tlie motion. The procedure proposed allows for an orderly handling of the license and allows room for negotiation with the Excelsior Park Tavern. The motion failed on a show of hands. Grathwol moved. Babcock seconded, to approve a $U'h deposit refund to Harrison Harbor Twin Homes Associates. Motion carried unanimously. , , . *lGrathwol was excused at the conclusion of the Water Structures Committee report. Advisory Committee, Chair Rascop Foster and Bjorlin were excused during the discussions. „ ,1. Long Term Management Program Exchanges with Cities following a. b. Proposed amendments to Shoreland portion of Underlying Principles Proposed amendments to Shoreland Grant Agreement James Uttley, Metropolitan Council. facilitator for the Management Plan. reported on the modifications made in the Shoreland portion of the Underlying Principles of the Management Plan following the 4/17/91 meeting at Mound. A copy showing the modifications was distributed along with a re*draft of the ShorelanI Grant Agreement. Uttley reported a compromise was reached at the meeting with six cities at Mound April 17 to remove Appendix 'C” from the Plan and place it in the working papers, as a model ordinance, available for the cities to use.^^ Babcock expressed his opinion that by removing Appendix ‘*C‘* the Board is in disagreement with its approval of the Management Plan. His concern is that seven cities have signed the Shoreland Grant Agreement including Appendix "C", and they should be included in the decision to remove it. LeFevere responded that removing "C“ from the Management Plan does not change the Shoreland Grant contract with those cities which have approved it. It will be necessary to amend the Plan if this change in the underlying principles statement is made, along with other references to Appendix “C" in the text. Uttley went on to say this is a statement of LMCD Management Plan philosophy. Another change is tb-;. the Technical Committee will perform a technical review. Upon completion of the technical review the city shoreland Ordinance drafts will go back out to all the cities. It is then that the adjacent cities can take formal action. Even if the cities do not have veto power over an adjacent city's ordinance, they can proceed to request further hearings beyond DNR to make their case. 8 I.' II 1 *■,. f, I i I.MCD Board of Di roctora April 24, 1991 Rascop asked whether the LMCD will have ^eP^^esentation on the Technical Committee and who will Chair the -.ommittee^ rLponded that LMCD representation is includeC in G^ant Agreement and it will be up to the Committee to select the ^*^*^^Jttley said the Metropolitan Council is prepared to give staff time to provide a draft of the Shoreland Agreement to bring i^into c:JorSinoe with the Principles. He has been given untU August to complete his Management Plan work. August - end of the second 90 day extension given to the Metropolitan ^ppewnted' the Shoreland Agreement with changes to conform to the Principles along with other text changes. Rascop moved, Hurr seconded, to accept the Underlying Principles as amended. Motion carriec unanimously. ^ Cochran moved, Babcock seconded, to '^^nd*^thoGrant Agreement subject to acceptance by the MN DNR. the concerns expressed by Babcock with reterence to the 7 cities which have already approved the Agreement to be taken into consideration. Motion carried unanimously. _ _ Uttley expressed optimism that thex*e are fi-ve communities which will join with the other 7 in approving the bhoreland arant Agieement.^ In response to a question on who is revising the management ‘program, the executive director said draft to the Management Program are being prepared by Northwest Associated Consultants for the eight dissenting cities. Review of the drafts are being presently conducted at meetings called by the cities. Bogwinkel (LMLOA) distributed Information on the organisation-, lobbying efforts at the reference to the property tax issue. He also distributed a Sticker to be used to encourage keeping the 1»k^ In a letter dated 4/19/91 the LMLOA addressed the issues they would like to have re-considered in the plan. 1. Density restrictions to include restriction on ramp ^ a. Car/trailer parking fees through a seasonal sticker program. b. Implement ramp fees. c. Implement ramp fees ta»wUgh automatic gate systems. 2. In defining usable water, consider low water levels, si:i?:r“"s:n^!* ri«rt'ht«°fi; t“: Ti.fi «r%a^!!??:itrr parking spots vs. the 700 required ^ . 3. Any public land acquisition be commenced only after a 90-day notice to all city and lakeshore residents in the involved 4. Money generated under the ramp fee proposal would be used toward milfoil control and other needy programs. .:'j: fc: ■1 =1. 4" r.MCn Hoard ol' I)i roc tors April 24. 1991 Uhoreland regulation. Tabled ror furth*=r t-sview. ftaacop offered to m»:;et with the LMLOA to discuss their proposals. C. ENVIRONMENT, Eurasian Water Milfoil Task Force, Reese. Babcock of the carried private Reese Policy Bo Use of Suburban Truck. Reese moved, seconded, to approve the policy statement regarding use Suburban truck as recommended by the committee. Motion unanimously. ^ . 2. Funding Progress. Reese re^’orted $.34,010 from sources. The milfoil control program is short $100,000+. implored the Board members to contact their local residents for contributions. Reese said there will be a presentation to the Hennepin County Board of Commissioners to ask them tor funding. A request has been made to County Board Member Tad Jude to place the milfoil program in the County’s 1992 budget. 3 Operations Progress. Gtrommen, Maro and Reese met with the Hennepin Park Board. They will support the weed harvest program at the same level as 1990. A request was left Park Board for the use of 3 to 5 acres of Carver Park land for disposal of harvested milfoil. ^ b. Legislative Progress. The current bill provides for an inter-agency committee and a citizens committee to deal with a long range program on exotic species management. Objections nave been raised about dealing with all species and using funding from watercraft licenses. Reese feels a bill will probably be passed but he is not sure of its ’ uiue to the Lake du^ to the small amount of funding it will generate. . Hurr recommended the 4/10/91 lette* from Bob DeVries, Minnesota Sportsfishing Congress, regarding the surcharge on alX watercraft be responded to as the executive director recommended. The Board concurred by consensus. c. shore weed collection program status. Reese reported advice from counsel and insurance carriers indicates the liability is too great for individuals delivering their weeds to the barge. Two commercial firms are planning to offer SO rvfoo 4. 0. S. Army Corps of Engineers Reconnaiss^ce Study Reese reported there is still a chance for funding of draft reconnaissance report. The funds will be released to DNR. Any such funds initially will apply to the reconnaissance report in 1992. Control program fund would follow completion or that report. _ . 5. Resolution Re Early Detection of Milfoil Reese moved, Rascop seconded, to adopt a Resolution supporting a program of funding treatment for early detection of milfoil in lakes, the Resolution to be forwarded to the MN DNR, copies to legislators. Motion carried unanimously. the the the N- I f^v '4 I V'. \l LMCl) Board of Directors April 24, 1991 D. LAKE USE COMMITTEE. Oiiair Piiisbury 1 Minutes. Pillsbury moved. R'iei-e aecunded. to approve the minutes of the 4/15/91 meeting with the following ^^^hfriff'a Dfpo\f“°CoL%°?v'^iorS^^^ two in“ °?r™ Smalley. Motion carried unanimously. 2 Charter Boat Use of Wayzata Public Prmmittee recommendation of guidelines to accommodate balanced public use of the dock and area parking per minutes was Rhscop moved, Babcock seconded, to approve the guidelines recommended by the committee. Motion carried unanimously. Special Event Permits 3. Minnetonka Boat Works Water Ski Show 200’ from shore and in front of the beach. The course will be 500' long. Minnetonka Boat Works will have boat traffic control to the west at their establishment and at the lagoon. They will meet speed guidelines. ^ Hater Sailboat Show. Minnetonka Sailing oa The committee received staff stipulations * June 28 30, 1991 in-the-water sailboat show at Excelsior Park is to be no infringement with transient docks or watercraft stored outside slips licensed for storage. c™ial Rasoop moved, Martinson seconded, approval of the Special Event Permits for the Water Ski Show 6/1-2/91, Works and the In the Water Sailboat Show, Minnetonka Sailing. Excelsior Park Tavern, ’^'xcelsior with the stipulations prepared by LMCD staff. Motion carried unanimously. the non- II. 5. Liquor License Renewals i Pillsbury moved, Rascop seconded, approval ox following liquor license renewals: , ^ On-sale wine, with on-sale Sunday and on intoxicating malt liquor with on-sale Sunday for A1 & Alma a III, VI, X, XI and XII. . ^ ,On-sale wine, with on-sale Sunday and on-salo intoxicating malt liquor with on-sale Sunday Princess, subject to liquor liability insurance certificate an Hennepin County Sheriff's favorable renewal investigation. On-salo intoxicating liquor license renewal with on- sale Sunday for Queen of Excelsior. Motion carried unanimously. non- i»,.. . t'i-w .Vmj 4 r' I.MCD Board of Directors U. Water Patrol Report, April 24, 1991 Wtn.Chandler '* The Lake clean" resulted in inipcunding 8 non~ P»irmittod buoys ami bringing into compliance 83 other floating structures not previously permitted. ♦ The meeting with charter boat operators was a success. Charter boat inspections are underway. ♦ Th® diving tsam cl^Bned up thd Narrows channel of sunken debris, the first time in history. ^ ♦ A new program on theft prevention from boats and contents, similar to Crime Watch, is being initiated. ^ Chandler will speak to the State Conference on Alcohol and Traffic on 4/25/91. He will address the experience on Lake Minnetonka. 7. Other. 1. Guidelines for Use of Docks at Wayzata Depot Rascop recommended including requirement for providing parking when issuing charter boat licenses. LeFevere said the registration of ports-of“call applies only to liquor licenses. If it were to apply to all charter boats it would require a code amendment. 2. Special Event Permits There was a discussion of policy by the Board accepting applications for action without committee approval. Cochran acknowledged the two applications referred back to the committee )f0i*Q received after the deadline. He also noted one is milfoil fund related. The executive director pointed out the need for the applicants to begin their promotions. LMCD does not know what share of the fund it might receive from the Fresh Water Foundation. He said both applicants have paid their fee and a late fee was not charged, one being municipal, adding to an existing permit, the other being a mutual LMCD benefit. Carlson moved, Reese seconded, to approve the concept of the Special Events pr* »ed by Freshwater Foundation for the JAB with a Splash mil I fundraiser and the addition of the Bald Eagle Water Ski Show wo the Mound City Days Special Event Permit, stipulations to be presented at the Lake Use Committee in May. Motion carried unanimously. ■. FINANCIAL REPORTS, Treasurer Boswinkel (By Strommen) 1. Reese moved, Cochran seconded, approval of the Statement of Cash Transactions, month ending 3/31/91. Motion carried unanimously. 2. Audit of Vouchers for Payment Slocum moved, Carlson seconded, approval of the payment of bills in the amount of $21,097.97, Checks No. 6789 - 6835 . Motion carried unanimously. I.MCD Board of Directors April 24, 1991 EXECUTIVE DIRECTOR, Gtrommen 1. The audit report will be available at the May Board 2 The executive director is preparing a preliminary draft of the 1992 budget for initial review at the May Board meeting. This is in response to the cities wanting more time to comment on the proposed budget. This early review will prove helpful to 3 An in-house accounting program has been acquired for the computer. It will result in earlier in-house financial reports. ^ 4. The executive director will bo making * ? the Midwest Boating Association on 4/27 at the Thunderbird Motel. He will discuss LMCD’s milfoil experience. The seminar also will address a new federal registration fee on all watercraft which would range from $25 to $200 per watercraft. 0. UNFINISHED BUSINESS. Mono H. NEW BUSINESS Carlson invited the Board to attend the Minnetrista Open House on 5/5 from 2-4 p.m. to see their new City Hall. Chair Cochran thanked the members of the press for their presence to the end of a long meeting. I. ADJOURNMENT The meeting was adjourned at 11:15 p.m David Cochran, Chair Douglas Babcock, Secretary J r-r t Action Report: Meeting: LAKE MINNETONKA CONSERVATION DISTRICT Water Structures and Environment Committee Saturday. May 11. 1991, 7:30 a.m. Norwost Bank Wayzata, Community Room Meebers Present: James Grathwol, Chair. Excelsior; David Bartos, Victoria. Also present: Rachel Thibault, Administrative Technician; Eugene Stromroen. Executive Director. The meeting was called to order by Grathwol at 7:30 a.m. ENVIRONMENT Eurasian Water Milfoil Task Force Report. Chair Reese 1. Operations Progress a. Operations Supervisor. Reese reported on the eualifications of Shawn Reilly for the temporary full time position of Operations Supervisor for the Eurasian Water Milfoil control program. His recommendation, and that of the executive director, is that Reilly be employed. Grathwol moved, Cochran seconded. to recommend the employment of Shawn Reilly as Operations Supervisor. Motion carried unanimously. Funding Progress. Reese reported on his individual efforts to raise funds from a personally selected sixteen letters and follow-up telephone calls, he received tour promises of contributions and received one so Jar. He also did some door-to-door contact. Reese, joined by Tom oak. DNR, and John Barten, Suburban Hennepin Regional Park District, discusse ENM on the WCCO radio talk show with Jim R®*®” on May 9. Reese reported the DNR will send a letter endorsing the LMCD EWM weed harvesting program to encourage non-profit pu contributions from sponsoring organizations for the EWM fu . The executive director reported the summer rules with Save The Lake solicitation insert have *>®;" responses arrived this week ranging from $10 to $100 executive director also reported on a meeting with operators to discuss sponsorship of a special event for EWM fund raising. 3. Legislative Progress. Reese J'** . ^®^^***. . Representative Smith. There are now three bills being considered for raising funds from a watercraft surcharge to support exotica controls. There does not seem to be opposition. Smith could not tell what form the legislation will finally take. a r S' r.-. h- Sv' K: K'> & Kyff^ .i. ViE ?i' ¥ f|' r» t?/ Water Structures and Environment Committee May 11, 1991 June 17 because of the water depth and cool water temperatures 5 Offer of Assistance. Jeannie Bowers. Greenwood. said the Lake Minnetonka Lakeshore Owners Association Loth for the LMCD at their May 19 picnic. bhe a public forum to bring the EWM information to a large gro p gathering. WATER STRUCTURES 1. Channel Drive Dredging Application. The executive director distributed a packet of information to update the committee on the Channel Drive. St. Alban s Bay (Greenwood) dredging permit. Area surveys and delineation or ™ Greenwood wetlands, as taken from the city » "»*P« were displayed. Personal observati n of the proposed dredging site and at 928’ elevation. The water depth measurement at the docKS range from 3’ to 4’. This raises the question of how much dredging is now needed, indicating, at the most, minimal dredging in select channel areas. It was also noted that the 30 width of the channel will not support the 24’ slip lengths of the docks Cochran stated there are no records at the DNR or Minnehaha Creek Watershed District to indicate previous dredging permits, althoutrh it is obvious that the area has been dredged in tno past. There is also indication of filling in the Responding to a question from Rascop about how much of the wetland area is being disturbed, the executive director pointed out the designated wetland area on the on the site plan which appears to be about 1/2 acre. All of the area in questioii surrounding the docks which are in place has from 3 to 4 of water, requiring minimal if any dredging. The City of Greenwood had a pre-hearing conference on 4/29/91 on its appeal to the DNR dredging permit renewal. The hearing is scheduled for 6/14 and the final hearing is to be held in August. The PCA has verbally indicated they do not ^ = ‘^ve an EAW is necessary. j r. _ _^Charles Wendel, 20900 St. Alban’s Green Road, Greenwood, noted there are also wetlands on the east side of Manor Road in Shorewood. The residents are concerned about pollutants leaching from the auto salvage operation under the road to the channel. He is aljo concerned about the developer's intention for the use of these small lots with such an investment in the dredging. The residents foresee the possibility of dredging out a significant area over and above the area around the proposed docks. Wendel said the residents will have a video presentation for the committee’s next meeting. - continued n'"' rr.. I I ■:y 0 V ta,^' L- k U: f’> fr'a-umk Water Structures and KnvironmenL Committee May 11. 1U91 ■ Cochran listed the followinji as items he believes the committee must consider in reviewing this natter: 1) A tormai survey of the property should be provided elevation 2) The Greenwood wetlands should be detined as wetland is. 5) There should be policy regarding extending Lake Minnetonka by dredging b) There shoulv. be an LMCD policy regarding docks built over wetlands. Bjorlin moved, Rascop seconded, to continue the study ol the Channel Drive dredging application, adding information to the file as it is received. Motion carried unanimously. 2, Multiple Dock License Renewal - Gayle's Marina, Maxwell Uay The executive director reviewed the disposition of the criminal charge against Gayle’s Marina. It was agreed the barges Gayles's advertising for dry storage on trailers on which they are not licensed. Gayle’s has not responded to certified mail and telephone mes-ages. Grathwol asked it the criminal complaint could be re-filed. The executive responded that the site plan was not a settlement nor was the dry storage addres_ed. The Watershed District, via a letter from David A .. r.e_. o . Haik, counsel for the Watershed District, has asKed that ^heir facts and ^ ments be taken into consideration when t. *>new the license of G3yle s Marina. The L^tt contends tb ‘ Gayle's Marina is in violation of the Watershed District rules regarding dredging. The ^ docks^^^A was to create a channel for watercraft access to ^ letter from Ceil Strauss, DNR area hydrologist, was d which states similar concerns regarding ® license in light of several violations to the DNR dredging permit in ?SSo Thfcommittee also received a ^ated May b from Charles LeFevere covering the effect on LMCD licensing actions when licensees violate regulations of other jurisdictions. Woody Love, MCWD, said the Watershed District is Marina's dredging without the necessary MCWD permits that the various agencies get together to a?afr’toCochran moved. Pillsbury seconded, to direct staff ^to continue enforcement proceedings based on . Gayl'^’s licensing requirements and to hold any aPP*’®''®!. ® Marina license in abeyance. Motion carried unanimously. ^4-' :-^- ,t-Sr^.. i^- r* >--■ :*i:p-v ' ■ i I !■ Water Structures and Environment Committee May 11. 1991 3 Multipla Dock License Renewal With Te-porary Low Hater Variance: ^ Lakeside Marina. Maxwell Bay (400 extension to bOO total) Ther“"werfcLplaInts by'uif netghbors^abLr winter lake use, particularly as a hazard to Thibault noted the docks do not oonrorm to the original configuration. She said the dochr oeen brought in about 60’ It is staff recommendation tl. be brought back to at least 400’. According to Thibault. Dunn, owner of Lakeside Marina, says he needs five to six feec wamer depth because of the underwater trusses used in constructing the outer sections of the floating docks. Thibault also noted unlicensed dry storage of boats on trailers. An inventory of the dry storage has been requested. She also noted the lack of signs and fencing on the we.>it«rn edge of the dock to prevent transient . . James Dunn stated his docks are out 525 . He cannot go back to 400' because of the underwater trusses. Dunn submittea Pictures of the docks taken from various angles with notations as to the lengths, to illustrate their relationship to surrounding docks. He said he is not interfering with Boy Scout channel. Responding to the comment that there is a need tor b to b of water. Reese told Dunn the District cannot give him a temporary low water permit in excess of 3’. Dunn responded that that there should be 2’ of water below the draft ot the boat to prevent turbidity ., .^ 'Irathwol ommented that he interprets runn s comments to mean that Dunn is asking for permission to make a temporary low water variance a permanent extension. Marcia and Ron Schoeneman. 3331 North "•horo Drive, adjacent residents, asked that Lakeside Marina be .equired to bring its dock back to 400’. They noted the No Parking signs to keep boats from interfering with their residential dock are missing. The fence which was required is also missing. The Schoenemans request enforcement of LMCD rules. In a May 6 letter from Michael Gaffron, Asst. Planning ana Zoning Administrator, City of Orono, he ctates that at the dock sections located 500’ to 600' from shore, the water depths ranged from 5.5 to 6.5 feet. The permanent slips approximately 50 to 100 feet from shoreline had water depths of 3 feet or mox-e. Gabriel Jatbour, 905 Tonkawa Rd., Orono. was in attendance when the soundings were taken. He does not believe "bhe underwater truss construction has anything to do with the dock license. He asked that the docks be brought back to 200’.H also asked for reconsideration of allowing floating docks usii^ styrofoam. He distributed p^-ocures of the pollution created by the breakup of the styrofoam. Dunn stated his docks use a more dense type of styrofoam than that which caused the fragmentation. - continued f"* Water Structure: and ItnvironmcnL Committee May 11. 11191 3) of on Bjorlin noted the gas pump is shewn j.n a new looatl-.>n on the site plan. Dunn responded that it would be more than 4u0’ from shore. Grathwol advised Dunn that moving the gas pump would require an application for a new permanent dock which would not 1)9 considered during the moratorium on docks running through January. 1992. Rascop moved, Pillsbury seconded, to recommend denying the license renewal and temporary low water variance based upon four violations cited the past year : 1) Non-compliance with the original configuration; 2) Dry storage of boats on trailers: No signs on the western edge of the dock to prohibit parking boats: 4) Fencing missing to control transient boat docking the west side. This request for a temporary low water variance is tlie lirst time the District has had to consider issuing a low water variance when the lake has risen following the annual declaration of low water. The consensus of the committee is that once low water is declared it will have to stand for the year. Motion carried. ^ ^ . Debbie and Mark Brenneman. North Shore Drive Hanna, Q^j9cted to one marina being allowed to establish its own market position" on the Lake. Brenneman also ga''e the chair newspaper advertisements for dock rentals on the Lake placed by private ppop^xty owners. Woody Love said those ads and rentals are frustrating licensed marinas. Jabbour commented that he cannot understand why Lakeside Marina cannot be required to reduce the length of its docks when the water is up over 2’ from last year. 4. Bowers Variance Order The committee received a draft Order from LeFevere for the Jeannie Bowers’ variance Reese moved. Pillsbury seconded, to recommend approval of the Order for the Jeannie Bowers Variance as prepared by Charles LeFevere. Motion carried. Rascop voting nay. Jeannie Bowers thanked the committee for the effort and ti.me it took in resolving her variance. B. Huitiple Dock License Renewals Rascop moved, Bartos seconded, to recommend the approval following multiple dock license renewals: a. Renewal without change: of Gray’s Bay Marina, Grays Bay (Subject to village certi- ficato). Park Hill/Park Island Apts..Black Lake (Subject to village certificate). Renewal with temporary low water variances: Beans Greenwood Marina. St Albans Bay (Subject to Village certificate) 124’ extension. 160’total - continued 5 Pf! Hator 2bructurea and Environment Committee May 11, 1991 1' ' r' i;-. 1^' Forest Arms Improvement Association, Forest Lake 32’ extension. 132’ total \with no increase in slip sices allowed) Foxhill Homeowners Assn., Smith’s Bay 80' extension. 224’ total (with no increase in slip sizes allowed) C. Heferred to staff for furtlier information: RDP Partners / tJpper Minnetonka Yacht Club Motion carried unanimously. The committee continued discussion of the temporary low water variances. Bartos noted that some marinas will have to raise their docks because of the rise in tht Lake level. Rascop said he would suggest not issuing temporary low water variances as low water is a natural occurrence. Bartos suggested a sub committee or task force to discuss the high/low water matter. Rascop recalled <Jabbour’s suggestion that the District establish an ■envelop” for dock construction and allow construction in that area without the District designing" the docks. Grathwol said he would develop a list of things to study in this regard before the moratorium expires. 6. Lake Inapection Tour Rascop moved, Bjorlin seconded, approval of the itinerary for the Saturday, June 0, 1991 lake inspection tour. The boat will arrive at 7:15 a.m. and leave the Minnetonka Boat Works (Wayaata) dock at 7:30 a.m. PROMPT! Motion carried unanimously. R.S.V.P.s are needed. 7. Wetland Survey and Dock Inspections Thibault offered aerial photos of the wetlands for the members' inspection. She has been working with the University of Minnesota and Hennepin County Soil Conservation District on development of computer maps of the wetlands. It will be possible determine acreage and mileage through the computer use. Thibault will be doing an inventory of properties which have three and four restricted watercraft as part of the annual lake inventory. 7. Wmysata Yacht Club A letter from LeFevere, dated May 8, 1991, contains a proposed statement of the Board's position in issuing the multiple dock and mooring area license to the Wayzata Yacht Club, subject to a valid City of Wayzata conditional use permit for the Waysata Yacht Club. The committee took no action on the letter. Ua'ter Structures and Environment Cominlttee May 11. 1991 8. Deicintf Application Deposit Refunds Rascof moved. Pillsbury seconded, to recommend approval of the followinif deicing application deposit refunds of $100.00; Dennis Carlson Clay Cliffe HOA Crystal Bay Service Curly's Minnetonka Marina Frank Elshaug Gayle’s Marina Corp. Gray's Bay Marina Howards Point Marina Reid MacDonald Minnetonka Boat Works (0 & W) Minnetonka Yacht Club Douglas Ramstad Paul Resberg Rockvam Boat Yards Smiths Bay (Shoreline) Marina Tonka Bay Marina Rodney Wallace City of Wayzata Wayzata Yacht Club Site 1 & 2 James Wyer Because of non-compliance requiring multiple inspections, refund to North Shore Drive Marina was not recommended. Tl»e late fee of $50.00 is to be deducted from the Lakeside Marina deposit, their refund to be $50.00. Motion carried unanimously. 9. Besolution Specifying Procedure for Amending the Long Ter» HaiuigMent Plan. Rascop moved, Grathwol seconded, to recommend approval of A Resolution Specifying the Procedure to be Followed in Amending the Lake Mirnetonka Conservation District Long Term Management Program. Motion carried unanimously. Develop Policy on Directors’ Conflict of Interest Grathwol moved. Bjorlin seconded, to recommend to the Board the appointment of a committee to study conflicts of interest. Motion carried unanimously. 11. Adjournment. The meeting was adjourned at 10:05 a.m. FOR THE COMMITTEE Eugene Strommen. Executive Director James Grathwol, Chair LAKE MINNETONKA CONSERVATION DISTRICT Har 23. 1*91 •00FA5T WAY/AIAHOUlf VAWO. SU*»f 1«0 WAv/AIA. MNNf SOIA JAalQ* TflfRO€ tuocNC m. i kfcuti^ oifiECTan Mr a J«a«c Dunn Lnknnidn Mnrinn Inc. 3324 North Short Drive WnysotOa NN 55391 Donr Mr. Dunn: You aro hereby notified of the action taken Hay 22. 1991 by the Lake Hinnetonka Conaervation Diatrict (LNCD) Soard of Directora. approving the 1991 annual ■ultipla dock licenaa renewal without change fro* the dock location and configuration approved for 1989, but denying the application for a tewporary low water The denial of the Lakaaida Marina tenporary low water variance requirea the dock configuration to be raaatabliahed, not to exceed 200* frou the 929.4' MYOO ahorelina, except for the gaa dock, which ia allowed to extend an additional 25'. The dock configuration governing the inatallaiion ia that of the aurvey dated 6/13/88, except that alipa 1 through 16 aay be ettached to and extend froa the dock aection containing alipa 17 through 33, at aizee per the 6/13/88 dock plan, copy encloaed. The reaeona for the teuporary low water variance denial are aa followa: 1.On S/3/91 water deptha were deterained to range froa a ainiaua of 3' to over 4* within 200* froa chore at a water level of 927.61'. Aa of 5/22/91, the weter level haa increaaed an additional .63' to 928.24'. Theae deptha indicate that there adequate water depth^ for aoraal watercraft navigation with a 200' dock length. 2.Concerna and coaplainta received by the LMCD froa citixene in the iaaediate vicinity of the decka indicate undue interference with their uae and view of the lake with the extra*ordinary extenaion of the docka. 3.The City of Orono reported coaplainta 2/14/91 about the condition and atatua of the floating dock extenaiona. In a letter Hay 6, 1991 they coaaented that baaed on the 5/3/91 depth readinga, a dock extenaion would no longer be required. _J V, * - i.';'' I Jaa«t Dunn. Lnkvside Marina, 5/23/91, Page 2 4.Tha dock inatallation violated the apacific condition that tha naw floating docka ba inatallad in tha exact aaaa configuration as tha wood docka, Tha diacrapancias noted during inapactiona while conatruction waa under way during tha 1990 aaaaon have not bean fully corrected aa of 5/22/91, Tha dock inatallation for that Batter, haa not bean coaplatad, raaulting in watercraft atoraga on both aides of the aain walkway extension contrary to the licaaaad watercraft atoraga only in designated slips, Aa a condition of tha granting of a 1991 dock license, you are to aubait to tha LHCD within seven calendar daya froa tha data of recaipt of thia notification, a written plan OP how you will proceed with the repoaitioning of the docka in their configuration aa noted in paragraph 2 of thia letter. Within seven daya following aubaiaaion of thia plan to the LMCD, significant evidence of the dock mpuaitioaing aunt be deaonatrated to LHCD staff. The full rapoaitioniag of the dock is to be coapleted within 30 calaadar daya froa recaipt of thia notification. •>Aa additional conditions of your 1991 annual aultiplo dock liccaaa teaawal, you are to coae into coapliance with the carioua coaditiona of the LHCD Code, and in particular coaply with tha following conditions: 1.Prasont a coapleta report within ten calendar daya of receipt of thia notice as to the status of all watarcraft stored on land to deaonatrate coapliance with LHCD Code Section 2,045 previously provided. Thie is to include written docuaentation in the fora of a contract, order or agreeaont available for LHCD inspection as to the watercraft being either: a. Awaiting iaaediate or iaainent repair or aaintenance aervice: Available for brokerage under the excluaive control of Lakeaide Marina: Under a paid deposit rental agreeaent to occupy a dock slip for the 1991 season. Winter Storage, awaiting pick up, specifying date to be picked up: b. d. Hi. A ft- p-p- I- r ■- JaMt Dunn, Lakaaida Marina, 5/23/91, Paga 3 2.Subjaet to tha ordar of 4/22/81 providing for aatback varianea on tha aaat aida of tha dock, axcapt tha rafaranca to tha 1981 aita plan has baan auparaadad by tha 6/13/88 aita plan. 3.Subjaet to tha 1/28/87 atipulation that a fanca and “no parking“ aigna ba inatallad on the waatarlp dock aactiona. 4, Purthar aubjact to auitabla and adaquata lighting par LHCD Coda Saction 2.02, Subd.l2. Tha Board haa racaivad eonplainta about aubatantial aaounta of atyrofoaa braaking looaa froa your doeka and littaring tha laka and lakaahora. Tharafora your 1991 doek licanaa ia furthar eonditionad on aaintaining your doeka ia aueh a aannar aa to pravant aueh braaking off of piaeaa of atyrofoaa. ta»laaaaant of your gas puap, aa atatad during our inapaetien viait of 5/22/91, and all aecoapanying piping •■4 Mtarial to aarva it with gaa, ara to aaat atata fira aarahal atandarda. Tha LHCD looka forward to your tiaaly rapliaa and proapt raapoaaa to tha dock raquiraaanta harain praaantad Biaearaiy* LAKB mmilTOmCA conservation DlSTPV.r ■ugi^ R* Stroaaaa Baa^tiva Diraetor Bnel e: City of Orono J. Nurr ^ U635.00 158.5 WSU Uniis MULTIPLE DOCK AND MOORING AREA LICENSE LAKE MINNETONKA CONSERVATION UlSrRICr Covni jl llcnncpln. State of Minnesota ss. WHEREAS,LAKESIDE MARINA INC. 3324 North Shore Drive, City of Orono hM psM ttif One Thoueand Six Hundred Thlrtv-Flve and no/lQQa________DOLLARS lollieWteMtcrof mM LAKE MINNETONKA CONSERVATION UiSIRICT as required by ihe Ordinances of said Dtnricl Md oamplled with aN the icqutfemcnu of said Ordinances necessary for obtaining this Lkense: NOW, TUERCPORB, By order of the Board of Directors of said District and by virtue hereof, the said t^haeide Mmrtw in,». _____is hereby licensed and aulhorieed to operate a OMhlple ihrrii lubjstl to esisting and future density policies and reguletions ad^ed by the District s Board otPIractoii. aubiect to Order of 4/22/ftlf fa 1/29/^ ffPd thffSft. ■ condiciona deacrlbed in the letter of 5/23/91,______ ter the period of the season and Doconber 31 ^ 91 to all the conditions and provisions of said Ordinances. Ohea oadar my hand and the corporate seal of the LAKE AlINNETONKA CONSERVAI ION INSIRICT this 22nd Oheelor Chair num % w Uteavco JWltWS aI o O'-'fc \t > 1 *. CM. O • I • h- s ‘ ✓ • V- # >>•' V4 • ''nt - -« •« u I.' •' • 4 /«• ♦ r 1 f i Om ' fl '♦1 '* X jV/t m#-77 I f I •V.;•V ' LAnSlM HMIIHA PBOPIITIIS IM:. Dock license subject to Order of 4-22-81t end to 1-28-87 stipulations that a fence and "No Parking" signs be instelled on open ends of the vesterly sections of the dock to prevent boat parking, and that an as-built survey be pro vided reflecting coapliancc vith the LHCD Code. ! oI -<f. s LAKE MINNETONKA CONSERVATION DISTRICT W lAST nOL’.t VAno SUIff WAY/ATA MlNf4l SO’A \S3QI (UOCNC II. STP90MMCN FxECUTiVE O^ntC^Ofl May 23, 1991 Mr. Robert Albright Wayzata Yacht Club P. 0. Box 585 Wayzata MN 55391 Dear Bob: C03tlO may 2 '• The 1991 renewal of your multiple dock and District Mooring Area licenses and temporary low water variance for the decks for Sites 1 and 2 has been approved by the LMCD Board of Directors 4/24/91, per the site plan detail received 12/3/90, subject to a valid City of Wayzata conditional use permit for the Wayzata Yacht Club. The City of Wayzata has objected to the action of the LMCD Board of Directors in granting a permit to the Wayzata Yacht club. The LMCD Code of Ordinances, §2.03, Subd. 2, requires that applicants for multiple docks, and mooring areas provide as a part of the materials with an application "(e) a showing that all requisite permits, licenses and approvals from the local municipality have been obtained and that the requirements of any other governmental authority have been met. . . ." LMCD Code §2.03, Subd. 5, relating to comnerclal docks provides: Construction of licensed multiple docks or mooring area, launching ramps, and commercial docks must comply with all local, state and federal regulations applicable to facilities and services provided; municipal zoning, parking and land use regulations applicable to the facility; In the case of the application of the Wayzata Yacht Club, the LMCD solicited input from the City of Wayzata as to compliance by the Yacht Club with City Ordinances. The City stated as its position that the proposed facilities are not in compliance with city code requiresMnts due to the fact that they do not have a valid condi tional use permit. The Yacht Club vigorously objected to this position asserting that the Club has all permits required by City Code and specifically asserting that they have valid conditional use permits for the proposed use. Following a thorough dlacusalon of the City's objections to the proposal, the Board determined that tlis reasons for objecting were not related to the protection and preservation of Lake Minnetonka. Rather, the reasons related solely to the fact that a new conditional use permit had not been obtained for the facility. (coneinued) L.. ff y r Lake Minnetonka Conservation District Mr. Robert Albright Page 3 May 23, 1991 conditional use permit for the Wayzata Yacht Club.'* For the time being, however, the LMCD has decided to issue the licenses.^ These licenses will contain the notation that they are issued "subject to a valid conditional use permit for the Wayzata Yacht Club. PXease keep the LMCD Informed of any circumstances which may affect the validity of the conditional use permit as it affects your license herein renewed for the 1991 boating season. 4 Sincerely, LAK£ MINNETONKA CONSERVATION DISTRICT Str Executive Director enci site plan c/enci LMCD municipalities LMCD Board of Directors WflTZATA Yacht rn,a*^ArVM. fiLffffiylAt _ ^ PWOPEPTY .V ‘V o IT I I U i™ i s ^ fL TTm 11 ^---------- <Vc’ y 4<:)' Q ^ 4 C -5S I A LA\te o^V 60 i-iefl ocV ao <^*^0 \J^.T7 6o vS ticptu CM^e,^ <* '^>13*1% A.P (^fefl-l*K&u£> Ca' I CO. RD. NO 15 -^7 ^jf3i ^ L'^ h^s /c^W 0-/T r/A^^f/ M»-7 i« loaMtf ai M Mrtt «l •Shops ind BusinstSM (minimaU) —--.— Shortlins Drfvs RsoovwyWM ------------- {- —■ T».«t MkimlnouaPaiWng Lot T«*ei TaaCI -"•’tI® Tarhfl ------PWgalon)Ks«v«ny Drug Stora TMO Tank 18 ran e(jJ—{5,000 gaBon) • 1M TM OraMi ‘-'R«»vwyW«l Piping PsrUngLot Raoovsiy BuMng Uiw i»it • ///yy//y /ftsjwttfiinyi/i/ /??//t///y/i/ (PMWngLoi Adjoining Prspafty ■bminoua PaiWng lot 1M • NORTH SCALE EXPLANATION pa Si^mpfovamenta This l^ayoingjgigllnKludo but art not llinittd to this salMR&^ and aro subjoct to propaity owfior'a approval: - Aiborvltao, Junipor, Teohny plantad on a bats ol landscaping bark. - A goo-loxtilo matarial wfll undarNa tha basa matartal. Tha taatUa matartal wHil ratard waad growth and wM abw sralar to pan trata. - Tha landacaping bad wW axtand flva faal bayond tha building's walls on thraa sMot. - Tha landscapad araa will ba boardarad by a esflwid curb and guitar. swawii*toiaii|HMa ■ton Paul. MNU1V TUaphwISIprSPiW* DAHL A ASSOCIATES. INC. Ground-Watsr Rscovery Layout Map Keaveny Drug Store 3425 Shoreline Drive Navarre, Minnesota 55392 OiM at^SedS WMWSer a/ /t / EXPI^NATION ROD SCHEDULE 1 .T c:2 ■llZi COIftAIS 1 f 9*b’ tw ce:i»ter c :--:ai 4-o’ a COiTER ;; -31 4‘s' "A X'»Tl« 1 5 -CJ, 4*i- a oa-Es'!-3'S’ a caTiR—j i5'-4.;,4'S’ a CEXIES - £'.: -y s’ a ctNTEs i-y S' 3t< C£KTEIi 1 6'-!0,L 4-b’ a 3TI* t '■-il. 4-b’ a :o>TE5 t i-y ■ 3’ a XWIB 1 :r RCDS ; ?9 J L l* 1 ' sa ' CmCNTSy-w J 22^^ ■“ ~S’ » CEN7ER TYPE. V » CENIER nrPC. S'-IU/C’b’ a CENTER 1--- 2----1 2[l'-l(Ll/2'S’ a carcR 4 1 4'-4J/2* “1 h* ON CINTEF ■ NirrE 1 ' NEW. vy t!I/W XTDRIO S7EXL RUNTIlRCtltin ID BE ' CLEAN 4 FREI OF DU. RUST DD DTICR BEinERIDUS . «A'ESIALS r «71 'Mil BOND BEAM DETAIL 91 ocftj. 4f«i ru> tJ*) :oo*s 8zjr »>•: la. k ‘:xr^jr?: •"'■■* AL-TI J(FT rfAU • C’»-4!35 . 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Z j'-ttl/2*4‘»Gona---i zr-uj/z*4>IMCENTai 4 4'-«/Z'4’ ON CEKin unci m. !/z> m KHMO nza RCnrORCEICNT TO K 0£M t FHX or mUHST 00 OnCR KLTIEKnU MTOtULS BOND BEAM DETAIL wT.rcz: 7 EXPLANATION NOTE : Canrinjrto k •cnNuio «Vi •> laoi courty, tM ititi U*g 0*1 ud gr*uc« v POTS m K oKnuna VMN KUD L»n wa ( UTINKB ) (faMit ll)PK Ht* u save n> nnrm mo IHT UL SIEVE m W EMUn H- OU save rat TMC VEW SLEEVE DETAIL (TYP.) niaKDFaRocHT 1/r mnnci mATEB ^0ESIMKMDnJUL MIIU1NGM» /'r un vMi CROSS SECTION A-' i HJi I I* iisa|g gziP5o '->o<goi JK5. 3/26/91 l] g B-33-A VEMN0930 'I /&¥ / •L/>A- • C/n S/ss/^zROD SCHEDULE 801 1 1 X SQE QNOfTS 1 g r-x X ON mriER TTPC 2 22‘-jr ir » COFTER TTPC 3 M 2*-ir KNI f X Fin IX NDTEi NCV. 1/2* lU KFDKl ETEEL REDORCODn TO K CUM ( FIEI X on. 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