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HomeMy WebLinkAbout06-10-1991 Council Packet1,' * i- ;’*> ' ¥3' lV iV'. >tr“- mh-'» ,‘V- • Planninq Commission Council PUBLIC ATTENDANCE CITY OF ORONO MEETING DATE fiLlfQ( PLEASE FILL OUT THE INFORMATION REQUESTED BELOW FOR OUR CITY RECORDS NAME (please print)ADDRESS NAME OR NUMBER PRESENT FOR (from agenda) 1. K Vo\<^ V? 1 s^ ---------------— 1 ! S''s/v..x’/zt: /Til. 3. ^ 4. 5. 6. 7. 8. 9. 1 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. ilM ■f •• I h m L I l-i ‘i. j • ih. I-’ ly , ^ AGBNDA FOR COUNCIL MEETING SET FOR MONDAY, JUNE 10, 1991, 7:00 P.M. (*) Asterisk items are considered to be routine items to be enacted upon by one motion by t'ne City Council under the Consent Item* on the agenda. Discussion will be held upon request. Memos regarding each of the Agenda items are available in the Public Packet which may ^ obtained upon request from the Recorder. ROLL CALL 1. CONSENT AGENDA*/ J APPROVAL OF HINOTES * 2. Regular Meeting of May 28, 1991 PLANNING COMMISSION COWIBNTS - Charles Kelley Representative POBLIC COMMENTS - (Liait 5 Minutes Pec Person) SONIHG ADMINISTRATOR’S REPORT **APPLICANTS** laaediately after the Council has reviewed your application please sign the three (3) original resolutions at the Recorder's desk. Applicants need not execute resolutions for subdivisions, vacations and denials. 3. #1545 Tom/Mary Lou Lutz, 258 Cygnet Place - Variance - Resolution 4. #1551 Robert Waade, 998 Wildhurst Trail, Final Subdivision - Resolution 5. #1600 Rick's Super Valu, 3333 Shoreline Drive - Review of Amended Commercial Site Plan 6A. #1615 K Hopkins & G Mroz, 59 Eerndale Green - Final Subidivision - Resolution 6B. ##1616 K Hopkins & G Mroz, 59 Ferndale Green - Conditional Use Permit/Variance - Resolution 7. #1639 William/Eleanor Ferril, 24J Wakefield Road - Variance - Resolution 8. #1642 Keith # Nola Swanson, 75 Stubbs Bay Road North - Variance « Resolution 9. #1645 A. J. Graf, 2008 Sugarwood Road - Request for Curb Cut MATOR/COOHCIL REPORT 10. City Administrator's Resignation 11. City Administrator's Search Process CITY AOHIHISTRATOR'S REPORT 12. Optional Sales Tax - Resolution Lake Use Committee Highway 12 Corridor Study City Communications Reject Bids - Navarre Heights Resolution City Facilities 13. 14. 19. 16.Storm Sewer Project - 17. .JL. l-'r '■t' if-y y i"' AGBNDA FOR COUNCIL MEETING SET FOR MONDAY, JUNE 10, 1991, 7:00 P.M CITY ADMINISTRATOR'S REPORT Continued * 18. Brush Chipping Program Peter Palmer - Resignation Joint Council/Planning Commission Meeting Water Restriction Removal - Resolution ADMINISTRATOR'S INFORMATION Highway 12 - Water System 1950 Shoreline - Cabin Removals Patrol Officer Employment * * 19. 20. 21. 22. ^ I Retirement Party - Chief Kilbo Administrator's Goal Setting CITY ATTO REPORT LICnSBS (23*) 1ILL8 (24*) atCOWlRG ISSDBS ARP EVENTS 06/10 - Council Meeting 06/17 > Planning Commission 06/18 - Technical Committee - Highway I 06/18 - Citizens Committee - Highway 12 06/19 - Joint Council/Planning Commission - 5:30 P.M. 06/19 - Policy Committee - Highway 12 06/24 - Council Meeting 07/02 -> Park Commission 07/04 - Holiday - independence Day (Thursday) 07/08 • Council Meeting 07/lS • Planning Commission 07/22 - Council Meeting tr--'r‘ * • m- I i-fc. .. (ft> ^a;-‘ £'vi .• P, %■ » r % TOs Mayor and City Council PROM: Dorothy M. Hallin, City Clerk Ofi' ^ DATS:June 5, 1991 SUBJECT: Minutes of May 28, 1991 Council Meeting X Attached are draft copies of the Council's May 28, 1991 minutes for Council's information. Due to a delay in the repair of the Recorder's equipment a final of the May 28, 1991 minutes wi 1 . not be available until Monday, June 10, 1991. i:- if.. Pft. fe.fr' I"H ,1 av sf. MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 28, 1991 ROLL CALL: The Council met on the above date wit.h the following members present: Mayor Barbara Peterson, Councilmembers J. Diann Goetten, Edward Callahan, Gabriel Jacoour and Mary Butler. T'le following represented the City Staff: City Administrator Mark Bernhardson, Building and Zoning Administrator Jeanne Mabusth, Public Works Director John Gerhardson, Assistant Planning and Zoning Administrator »M..chael Gaffron, City A.-.torney Thomas Barrett, City Engineer Glenn Cook, and City Recorder Laurie Scheffler. (#1*)CONSENT AGENDA Mayor Peterson requested that item #22 and #24 be removed from the Consenc. Agenda for the purposes of discussion. It was moved by Jabbour, seconded by Goetten, to approve the Consenr. Agenda, with the exception of item #22 and #24, which were removed and discussed in the sequence shown on the Agenda. All voted aye. Motion passed. (#2)CERTIFICATE OF ACHIEVEMENT-OFFICER JAY OEMBOUSKI Mayor Peterson presented Officer Dembouski with a Resolution of Appreciation for his military contribution to the United States of America, and the City ot Orono, while serving as a Military Police Officer in Operation Dasert Storm. (§3)PUBL1C BEARING-NAVARRE HEIGHTS STORM SEWER IMPROVEMENT The Affidavit of Publication was dily noted, and Peterson opened the Public Hearing at ~:)5 p.m. Mayor Bernhardson provided a historical overview of the proposed project and explained the purpose of this Public- Hearing. He noted that the bids received by the City for the construction portion of this project came in at $20,000, which is less than estimated. Glenn Cook displayed a map that showed where the proposed storm sewer would be located, and t.he properties that would be included in the project. He stated that the properties involved in the project would be assessed 9H cents a square foot. {layor Paterson indicated that she would now take public input. Dean Young, 3555 Crystal Place, expressed concern regarding the Storm sewer diverting water away from several Cottonwood trees ^n his yard. rie stated that Cottonwood trees require a significant amount of water. Mr. Young indicated that he has dug a trench along the back of his property to facilitate drainage once the water passes through his front yard. - 1 - r*If r Cook indicated that the storm sewer project would hive impact on the Cottonwood trees as they should receivec sufticier.t waterina from normal runoff in the arei. Pam Peters, 364'" Togo Road, expressed concern abo.it the City following through with its plans to establish a swale along the property line of the Jehovah's Witness Churcn and to clean out the existing drainage ditch. Sne said, "That has not yet been done. I would just ask that the City take care of the downstream people before more water is sent to us via the new storm sewer." Gerhardson stated that he has delayed that project, pending the outcome of this Public Haaring. Beth Escher, 3556 Livingston Avenue, stated that she had sent a letter to the City expressing her opposition to this project. She stated that she had circulated a petition opposing the storm sewer and it was signed by 66% of the residents, representing 72% of the lots in the area. She said, "Since the temporary swale has been installed by the City, there has been no water ponding in the low area, even with the heavy rains we have had recently. It is the consensus of the neighborhood that something above ground can be done to alleviate the problem." Karen Cuff, 3f»72 Livingston Avenue, advised that their lot h.is been diug up in conjunction with a construction project they are now doing. She stated that their property is now serving as an additional source for the water to go. Cuff indicated that the ground is totally saturated and that it is impossible for them to get any equipment in to restore the yard back to its original condition. Attorney, Robert Mitchell, representing many of the neighbors opposing the storm sew project, sta »d that his clients do intend to appeal the a •. sment all • adopted. He asked Cook if the storm sewer pipe w*ia v ti!t natural drainage pattern. Cook stated that the pipe would basically follow the existing drainage pattern, with the excepti-an of some minor changes which will result from "squaring-off" on the corner of certain property lines. Mitchell asked Cook if it would be correct to say that a drainage solution could be achieved on the ground surface, as opposed to underground. Cook replied, "As long as it crosses Lot 17 diagonally. If yoxx were to try to direct the water along the same alignment as the pipe, there would be a need to put an extremely deep ditch up in that corner. The swale would have to be located pretty much where it is now." Mitchell asked, "Would it be safe to say that tne water is following its natural drainage pattern at this time?" - 2 - % r.l r.*, t 5^ •f. I’II t fI hik1^' I-: :-i pf: ¥'■ PX- Cook replied, "Yer., that would be .rorrect." Mitchell said, ''I am trying to point out that Minnesota Law e-ititles water to flow dov/nstrean, which is what it is now doing. Tne City has the authority to put in a pipe wherever they feel it is necessary, but the City cannot assess the cost buck to residents that will have no benefit from that project. The water is simply going where it has always gene, and the residents in the area are not obligated to pay for that." There were no additional comments from the public, and Mayor Peterson closed the Public Hea^'ing at 7:‘.5 p.m. It was moved by Jabbour, seconded by Butler, to abandon this project, based on the fact that the vast majority of residents in the area are opposed to it. Further, there is no public safety risk to warrant the City to mandate the project ana assess the residents. Mayor Peterson stated that tiiere nu■ been a significant amount of time and money spent on this issue. She commented that it would have been helpful if all those opposed to the project would have come forward at the very beginning. She thanked the residents for coming forward at this point. B..tlar stated that given the fact that the majority of residents would appeal the assessment of this project, it would be unwise to proceed any further. Jabbour added that Council would not be spending the citizen's tax dollars economically if it chooses to engage legal counsel to assist with the appeal process. All voted aye. Motion passed. APPROVAL OP HIHUTES: (#4*)MIM(ITES OP MAY 13, 1991 REGULAR COUNCIL MEETING It was moved by Jabbour, seconded by Goetten, to approve the minutes of the Regular Council Meeting held May M, 1991. All voted aye. Motion passed. (•5*)N1HIITBS OP NAY 13, 1991 RECONVENED BOARP OF REVIEW It was moved by Jabbour, seconded by Goetten, to approve the minutes of the May 13, 1991 Reconvened Board of Review. All voted aye. Motion passed. LAKE NIMHETOMKA CONSERVATION DISTRICT REPORT-JOELLEN BURR LMCD Representative, JoElleu Burr reported that at the May 22, 1991 LMCD Board Meeting, the license request for L?keside Marina waa reviewed and granted. This Marina had been given approval last year to extend its dock out 6JC f»et. Burr and Councilmember Jabbour, who attended t.he meeting, informed the Board that they felt 6J0 f »et was excesrive and should not be approved this year. As a result, the Board approved the license with the dock extending to a maximum of 200 feet. The owner of the Marina was given a specific time table in which to bring the dock into conformance. She noted that the dock currently extends 437 feet, and that the LMCD h.as askad the Orono City Staff and - 3 - .... Attorney to proceed with the legal process if the owner is violation of the license. Hurr reported that to date, there have been five BWl's issued, and two accidents, neither of which resulted in personal injury. She informed Council that a tentative budget has been proposed by the LMCD and should be mailed to each city this week, to provide the opportunity for cities to have input during the process. Callahan asked Hurr what the City of Orono will be asked to contribute this year. Hurr replied, "The levy to the LMCD cities has not yet been determined. The Milfoil continues to b? a problem. Hennepin County did not fund the project this year; last year taey contributtid $85,000. There is a feeling on the Board that the LMCD cities should be orepared to fund t:ie .Milfoil removal efforts. I am not convincad of that. At this time, there is only money to harvest weeds for approximately 3D days." Butler asked if the increased water level of Lake Minnetonka would help the Milfoil problem somewhat, given the fact the weed will only grow in water less than 18 feet deep. Hurr agreed it would help somewhat, but that there will be a greater concentration of the weed closer to the shore. Jabbour wanted to take this opportunity to thank JoEllen and the LMCD Board for taking the position they did nn th=* Lakeside Marina license. He added, "The LMCD Board a',ked me if Orono could provide any help regarding the issue of styrofoam. Perhaps Staff can do some research into this issue in the future.” Hurr confirmed that the LMCD intends to pursue the styrofoam issue. Mayor Peterson suggested discussing Agenda item #14, Lake Use Committee at this time, in light of J >Ellei Hurt's presence. («14)LAKB USB COMMITTEE Mayor Peterson suggested appoint...ng JoEllen Hurr to the Lake Use Committee, If she would be willing to serve. Hurr accepted, saying that ii h«^r opinion a Lake Use COBsaittee would give the Orono, which has 30% of Lake Minnetonka shoreline within its boundaries, a neans tn be mnre actively involved with lake issues. Mayor Peterson asked BrTnhardson tD elaborate on ttis subject. B^i^'fihardson suggested that the composition of the L*.ke Use Cmnmlttee be two Councilmembers, two Planning Commission members. - 4 - aad the LMCD representative. He noted that Michael G.iffron h.ad prepared a draft Charge for the COiUrnittee, once its c^embers have been appointed, and that a copy had been included witn Council’s information. Mayor Peterson stated that s e would prefer to see toree Counci Imembers, two Planning Commission members, and J->Ellen Hurr comprise the Lake Use Committee. Sne s jggested that the three CounciImembers could be Jabbour, Callahan, and Goetten. Callahan, Goetten and Jabbour agreed to be appointed to the Lake Use Committee. Goetten stated that she would like to see the Plann* Commission members polled to sae which two members would have genuine interest in serving, rather than just appointing two members. Mayor Peterson suggested leaving the further appointments to the discretion of Jabbour, Goetten, and Callahan. 0y^2.er stated that it would be helpful if tae Committee included at least one person that does not reside on the Lake. She said. "I believe the Committee needs the viewpoint of someone that is not intimately involved with lake use issues. Mayor Peterson asked Hurr, Goetten, Callahan, and Jabbour if they could get together and bring additional information back to the June 1'), 1991 Council meeting. Sne asked to have ^ Chair and Vice-Chair appointed. It was moved by Butler, seconded by Mayor Peterson, to establish a Lake Use Committee and appoint CounciImembers Jabbour, Goetten, Callahan, and L'^CD Representative JbEllen Hurr to said Committee. These four members have agreed to make further appointments to the Lake U5;e Committee, and will appoint a Chair and Vice-Chair. Council gives the Committee Charge as outline in Exhibit D. All voted aye. Motion passed. PUBLIC COHHBilTS: Roj0inary Scheuer (Reporter with the "Pioneer"), noted that the Municipal Board Process is on tho Agenda, but is a Consent item. She asked what may br' e.npected to happen between now and November» 1991. Tom Barrett replied, "Th«? City is waiting to receive a final draft from the City of Long Lake Once that is received, we will review it, make any changes, and try to negotiate a final document. At which point the agreement is acceptable for both Councils to adopt, the City of Long L?ke would then apply for the rezoning and subdivision of the property before the appropriate bodies of the City of Orono. Once that has been completed, and if the rezoning and subdivision process are done in a way that is - 5 - w m t. acceptable to the City of Long L-ke, and a vay which will allow the City of Orono to continue to enforce those regulations# then resolutions would be presented to both c ties, mi^morlalizing their intent not to seek further annexation or detachment of the other’s property in the future, and a resolution seeking from the Municipal Board an Order allowing the detachment and annexation of the property to the City of Long L=ke.” Scheuer asked if in essence the Municipal Board is expending its supervision over the additional negotiations between the City of Long Lake and the City of Orono. i^jpiied, "The Minicipal Board is continuing their supervision .so tlie applicatio.is c.in be processed and ue can determine that all of the interests are there. If negotiations were to break down, of course, the City of Long Lake would be free to go back to the litigation if they choose." Scheuer asked, "Even if a resolution is accomplished at the end of the negotiations, does the M.inicipal Board have t.o validate it?” Barrett replied, "Yes, it can only be done by an Order of the Municipal Board." Art Toranqeau, 2060 Spates Avenue, referred to Council action that was taken a year ago regarding the property on 1960 Shoreline Drive. He asked what deadline had been established for the property owner to remove the condemned buildings. Mabusth stated that deadline date. June li, 1991 w-.s t'le established Bernhardson stated that if the buildings are not removed within 30 days of June 15, 1991, the City has the right to remove the buildings and assess the cost back to the property owner. Mabusth noted that it ;.s her buildings may be moved off the property understanding that the SOMIlItt AOM1HI8TBATOR*S REPORT: (#6)S0IIIHG #1555-E.1I. BLANCH, JR. 2501 OLD BEACH ROAD RBQ0B8T TO ANBHD RESOLUTION #2947-FINAL PLAT APPROVAL BB80LUTI0N Mr. James MacK.’.nnon, Attorney, was present on behalf of his client, E.H. Blanch, Jr. Bernhardson explained that the applicant had requested that the language pertaining to Lot 8 be revised so that it may be ■old to someone other than the Freshwater Foundation or Institute. He noted that Lot 8 conforms to ail standards of the 3-4 Code, and that any future use of Lot 8 >,^ould have to conform - 6 - r Hr., D.'> *■>- P ■I r fi' : ; r 1. Ik to tie B-4 Zoning. It was moved of B-Jtler, sercr.ic:i b; Jjetten, to adopt Resolution #2966, amending Resolution !»2947, which arant approval of the final plat o*^ "The Marsh at Lafayette". All voted aye. Motion passed. (97)ZONING FILE 11641-RICHARD KEAVENY 3145 SHORELINE DRIVE COMMERCIAL SITE PLAN Bernhardson summarized the information provided in Jeanne Mabusth’s May 15, 1991 memo, which outlined historical aspect of the contamination, as well a.» the p”oposed recovery program tva clean it up. Bernhardson noted that the Planning Commission had recommended approval of the Commercial Site Plan Rcjview. Subsequent to thi* Planning Commission meeting. Staff discussed the iisue further and ii recommending, should there be a motion to approve, that it include language requiriig removal of the temporary structure once the recovery program has been completed. Jabbour asked whether it would be appropriate for the City to require the posting of a bond to assure that the building is removed and the site is restored. Bernhardfion stated that it may bs more effective to include language in the agreement stating that in the event the building is not removed by a certain time, tne City will remove it and assess the costs back to the property owner. Butler agreed that there needs to be some mechanism in place 50 there is assurance that the City will not wild up paying to have the building removed. Mayor Peterson asked if the building will maet the required .15 foot setback. Nabusth stated that tlie building will meet the setback, it is t.he landscaping proposed for the northeast and south side of the structure that will be 30 f?et from Kelly Avenue. Butler asked why such a permanent building design is bei.ng used, as opposed to bringing in a mobile unit of some sort. Mabusth stated that the permanent aspect of the structure is necessary because of the pumping equipment it will house. Butler asked Mabusth for the dimensions of the building. Mabusth replied, "The building will be 10* x 23'. Mayor Peterson asked if the applicant has provided the daily flow of treated wate." discharged into sanitary sewer. Mabusth explained that the applicant will be requir«fd to « 7 - 1 .* , $ b. tK,:. m provide that in coniunction v; . tn the boildinj por.T.it process. Citv can Jeterr:une to wha^The information is necessary :'.0 ne extent the discharged treated water will iTipa-'.t tne sewer system and whether to bill them for a SAC unit. She informed Council that the MWCC does not lorm.ally charre a SAC unit i cases such as this. Mayor Peterson asked how often tne City will require the applicant to submit informativin regarding the results of the tests. Gerhardson stated that such reports are normally submitted on a quarterly basis. He added that the Metropolitan Waste Control Commission charges a "Stength Charge" because the product that will be put into the sewer system must be specially treated. Bernhardson recommended that tie a-reement between the parties could limit al^ernaxe uses of the property while the temporary structure exists and tnat would serve as ano er incentive to remove the strjcture. Council agreed with Bernhardson's suggestion. It was moved by Butler, seconded by Jabbour, to approve the Commercial Site Plan, as presented by Richard Keaveny, subject to Staff's preparation of an agreement that will be entered into by the City of Orono and the applicant. The agreement is to incorporate the recommendations as discussed by Council. All voted aye. Motion passed. (#8*)ZONING FILE 11643-DAVID J. NELSON 740 NILLON DRIVE SOUTH RBNBNAL VARIANCE-RESOLUTION #2967 It was ra.ived by Jabbour, seconded by Goetten, to adopt Resolution #2967, granting a renewal of a side setback Variance to permit the construction of an attached two stall garage at 7-40 Willow Drive* South. All voted aye. Motion passed. (#9)HARDCOVER STATUS OF HEED CONTROL FABRICS Gaffron presented Council with a variety of litG..atare regarding weed ciintrol fabrics. He also distributed several samples of different types of woven and non-woven weed control fabrics. He stated that the non-woven fabrics have a much higher permeability range >f 10 to 100 times that of woven fabrics. Certain fabrics have been treated with various ciiemicais and/or resins that will make them impermeable He added that the local centers sell both non-woven and woven varieties. Geffron suggested that it would creat? a problem, from an enforcement standpoint, if Council agreed to allow the ur.e of non-woven versus woven fabrics, but by doing so, it will tell the residents that the City prefers non-woven over woven fabrics. Jabbour indicated that he wou d like f.o find out what percent of water will not pass through permeable fabric and use - 8 - , 'i 11^ that percent when figuring hardcover percentages. Gaffron advis.'d that there are variOv.3 .nethois of testing. Most tests iiivolve a falling or constant head of water focused on a square foot of fabric, and water is run through at a certain rate. The woven fabrics w'll t/pically take 25 gallons p«"»r minute, per square foot. The non-woven fabrirs will take lu times an much. Gaffron said, "I cannot tell you whether 25 gallons per minute is good, or if we need to approach 250 gallons per minute. From just reading the literature it will be nearly impossible to determine how earh of the variojs products have been tested.” Callahan asked v,hy Council is considering a revision to the existing Hardcover Ordinance, which does not allow permeable fabric. Jabbour replied, "People w'.nt a nethod for c.introlling weeds, and most will use plastic. When we fiiid out that plastic is being used under landscaping, we ask to have it removed. I think it would be beneficial for everyone if ./e provide an alternative. I think it would help the City if we could steer people away from using plastic, yet offer an alternative that will help keep weeds down." Mabusth added that if people cannot use plastic, or fabric, they will be more likely to use cnemicais to control weeds. Gostten stated that anything which allows ram to seep into the ground should not be classified as hardcover. Mayor Peterson agreed with Jabbour that offering the residents a viable alternative would benefit everyone. She stated that it would be difficult for Staff to find every bit of plastic that is put under landscaping. It is much better to allow the use of fabric, than to have plastic everywhere. Callahan noted that allowing the use of fabric will automatically mean that everyone will stop using chemicals. not Goetten agreed with Jabbour and Mayor Peterson that allowing the use of non-woven fabrics would benefit the City. Butler reiterated Goetten's point about the inability to classify anything that allows water to penetrate as hardcover. She said, "I would much rather have someone cover portions of their yard with something that allows water to run through, than have them hire a company to come out and spray everything." Bernhardson asked whether the fabric would allow water penetrate at the same rate if it is located under rockbods. to Gaffron advised that the fabric functions best when pre. ed against the ground, as opposed to being in open a:r. - 9 - h: i: v'l ; ' K, E »;.•:■ • .1. ^v. : -(. <4 ^•‘1>4 1^.: ?■ir. -.v iCvV^-J % a; Bsrnhardfson s^'.ated _nat i'■- is jiiikely that it w-lx e-er ratn hard enough to exce.jd the caoacity if even the woven fabrics, which allow 2") gallons oT wtter per minute to pass through. Butler noted that Staff's recommendation specifically states allowing the use of non-woven fabric. She questioned whether a distinction should be made between woven and non-woven. Gaffron stated that thouvjh it will be impossible to check every piece of fabric that is put under landscaping, it would be best to inform the residents of the best solution. It was moved by Butler, seconded by Goetten, 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 materia landscape beds. Further, Scaff 15 d rected to s in undate the hardcover informational flyer policy. (Yipeeee!!!Ii) Motion passed. to reflect current hardcover Ayes _ ,1 • t Callahan, Nay. Motion MAYOR/COONCIL REPORT: (#10)JOINT COONCIL/PLANNING COMMISSION MEETING Bernhardson noted that the Agenia incorrectly states that the meeting will bs held June 12th. Tie correct date is June 1), 19)1 at 5:.)0 p.m. CITY ADMINISTRATOR’S REPORT: (fll)GBRALO TOBERMAN, 1960 SHORELINE DRIVE BONING APPLICATION #1497 Barnahrdson e;;plained that this mitter wis before Council this evening to determine whether they wish to reconsider this application in light of recent decisions from the Minnesota Court of Appeals. He noted that the City Attorney had sent a letter to Jim Gilbert (Mr. Toberman's Attorney), advising him of the issues rais by Alan Nettles, a resident of 1940 Shoreline Drive. Bernhardson referred Council to Jim Gilbert's May 2i, 1991 letter sent in response to Barrett's letter. Goetten stated that in light of the information provided in the City Attorney's memo, she sees no ne«jd for this matter to be reconsidered. Butler and Jabbour agreed with Goetten and supported t'ne City Attorney’s opinion to have the matter stand as set forth in Resolution #2953. No further action was taken. Dan Crear, 1980 Spates Avenue, stated that there are - 10 - i.- Eft'V-.'-i- 5^-r- existing traffic problems with spates Avenue, which w. 11 worsen once Mr. Toberman's business is operating. fie noted that, when the Conditional Use Permit was first granted for this p'operty, approving relocation of t.he access from County Rosd 5 to Spates Avenue, Council indicated they would address the traffic problem for Spa ter. Avenue. Art Touranoeau agreed w*.th Crear that traffic ii a problem on Spates Avenue, and suggested dead-ending it at tfie railroad tracks. Mayor Peterson asked Sv.aff to look into this matter further and bring information back for Council's consideration. Alan Nettles e.-:pressed concern about the possibility of a fuel tank still buried underground at 1960 Shoreline Drive, He asked if the Cxty to do some research to see if in fact a tank remains buried, and if so, what its condition is. Mayor Peterson asked Gerhardson t.i follow through with Mr. Nettles' request, and report back to Council. (#12)CITY FACILITIES Council agreed to hold a City Facilities VJorkshop on June 4, 1991, at 7:.)0 p.m. Bernhardson presented Council with information pertaining to financing of the facilities and the future use of the existing site. McCulley Road pi operty and t ie old sewer plant s;.te. Bernhardson recommended referring the latter to the Park Commission for their consideration, in light of previous discussions about utilitizing one or all of these properties for Parks. Jabbour stated that should the Park Commission agree to use these sites for pa.ck facilities, consideration should also be given to using Park Dedication funds to develop the property so it cannot revert to any other use. Goetten asked if changes in the legislature this year will have any impact on financing the facilities. Bernhardson replied, "My guess at this time, is that any such changes will not affect the financing for the facilities." Jabbour suggested that the City newspapet iuight include a statement in their report on what issues the upcoming workshop meeting will address. Council took no formal action on this item. (•13)PUBLIC SAFETY DISCUSSION Bernhardson provided Council with undated information regarding the progress of the discussions with the City of Long - 11 - f-r li m:. a H- y: ji' lt ft 'i y I-'" hr ¥■ I •'. ■*•!t. i!'' Lake regarding various contracts. Council accepted the information presented, an formal action. OOk Hi) (#14)LAKE USE COMMITTEE This item w-as discussed in con3unction with the LiCD Report at the beginning of the meeting. (|15)POLICE CHIEF SELECTION 3gj^nhardson iiformed Council that tins item involved three issues. The first is *"0 present Council with a draft ot the position description for the police chief selection. The second issue pertai.ns to the involvement of contracting cities in the screening and final selection process. Issue number three is appointment of an acting chief during the interim period between Chief Kilbo's resignation and the hiring of a new police chief. Bernhardson reviewed the information pertaining to each issue as he had outlined in his May 17, 1991 memo. It was moved by Mayor Peterson, seconded by Butler, to adopt the position description prepared by James Brimeyer, of Sathe & Associates, and 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. Council appoints Lt. Cheswick ai*< Acting Chief foi. the period from July 1. 1991, until a person has begun a> the new police chief. Butler asked if there would be a change in Lt. Cheswick's pay scale after July 1st. Bcirnhardson indicated that h.as not yet been considered or discussed. Butler stated that a decision for a pay increase could be based on the amount of time Lt. Cheswick will be asked to serve in the capacity of Acting Chief All voted aye. Motion passed. (#16)HIGHWAY 12 CORRIDOR STUDY Mayor Peterson thanked Ann and Dodd Cosgrove, and Bruce Carlson for their efforts. (Mark--was something presented to Council from these three people??? If so, there is nothing in the public record indicating what that information is. Bernhardson presented Council with the traffic study information from Howard. Needles, and Associates, that had been provided to the Policy, Technical, and Citizens Committees. Bernhardson stated that the purpose of the next round of Conunittee msetings will be to more closely examine the traffic forecast numbers to see if they make sense, and to determine if any off the routes will not meet the anticipated need. He said. ”The forecasts do not really indicate what the best route is." Goetten stated that after the last meeting she attended, it seemed that MNDOT was looking more seriously at the south bypass. She said, "I was trying to make the M!1D0T representatives understand that such an alternative should be the least important - 12 - Sf"’-' s' II » rf» ■ ^ Ur ' 5;;., :'o-.‘ . t'-^ ' r'^-*I' j; hI r I ’h ky I i' ly r. ^:l route for them to consider. MNDOT's thinking is that t using County Ro»id 15 would use the south bypass. As I itf the reason McCuiley Road was upgraded was to ai^ow go from Mound up to Highway 12, bypassing County Road however, is not the case, because of the congestion 12. I think the Council needs to prepare a statement reasons why the south bypass should be eliminated alternatives." raffic now understand traffic to 15. That, on Highway specifying from the Butler suggested that it would be helpful for tie citizens that have been involved in this process, to contact State Legislators and stress their viewpoints on this issue. She said, "The State Legislators need to be reminded that any new highway corridor will bt? e>;tremely expensive to construct. The tax paye,78 of Minnesota will not be receptive to the idea of paying for yet another stretch of blacktop. it is my understanding that the State of Minnesota has more milas of blacktop per capita, than almost any other state in the Country. Minnesota is not the most heavily populated State in the Country, aid ve ha .'e a climate that does not land itself to more blacktop, because it only has to be fixed. There has been no indication that existing Highway 12 would be torn up and removed, so there will just be more blacktop to repair, maintain, and pay for. To put the corridor anywhere other than where it is now, would be politically and financially foolish." Jabbour referred to the traffic forecasts and stated that if there is any validity to the numbers indicated, life in Orono, as it is now, will cease to exist, once the corridor is cnanged. Mayor Peterson noted thai Ann Cosgrove's information indicated a need for Orono representatives to meet with representatives from the City of Long Lake. She asked Ann if she was raferring to Councilmembers or citizens meeting together. Mayor Peterson stated thau Orono Councilmembers are waiting for the City of. Long Lake to take a position on the i ?sue before holding a joint meeting. Ann said, "Initially, we would like to have liaisons between Council and our groups so we can work together. It would be helpful if we could aak the City to provide us with some Information, such as well locations, etc., rather than having to hire someone to do that. W.-j would like Orono Council-members to work with us to eliminate duplication, and focus our efforts more efficiently." Jabbour noted that Cosgrove's group has scheduled a meeting with Long Lake residents for June 1. Ann stated that is correct, and that the City of Long has indicated they will bring i.i a mediator and v/ant only four residents from each city to attend. Siie said, "I am still not sure if they want City Council people to attend." - 13 - i fV C'.. • ■ j.-* •. f. h K. ^ I iV '• U r V I; & K- ir' “fe Jabbour suggested that the meeting may be more beneficial if Councilmembers are not :n attendance becauc-e -t Jther political issues that may beg down discussions on Hiinway I .. Mayor Peterson asked Ann if there ties been a dec is ’ on on which four Orono residents would attend. Ann replied, "Sherokee Ilae and I are deciding which of us should go in addition to Ben Field, Bruce Carlson, and John(?.?' Coleman.” Callahan asked what need there is for a mediator. Cosgrove indicat«id that she did not know, it was suggested by the City of Long Lake. Goetten commented that the suggestion present givi^s one the feeling that the^e before the meeting occurs. t ■> have a mediator s already friction regard f» eliminating the south bypass, Bnrnhardson suggested it may be appropriate to specify no south bypass within the City of Orono 11 avoid any unnecessary conflict with M.ipie Plain or Independence. He advised that the Cities of Mapl'i Plain and Independence have been preserving a rorridor in Independence that they consider to be a southern bypass. Callahan anked the members of the Citizen's Group if they ate in support of the City Council's position. Ben Field replied, "I represent the northern. County Road 6 group, and v;e are very much in favor of the Council’s stane o'* where the corridor should go. Wc would encourage a very forceful representation >f that to MNDoT when the meeting with the Commission of Transportation occurs." Jabbour stated that what he has sens*jd from talking with members of the Citizen's Group is that they feel that Council has "dropped the ball" since maki ’g our motion to take a firm position. He said, "I think the Group v/ould like Council to now sell that idea forcefully to whoever is in charge." Bruce Carlson indicated that he did not think Council had dropped the ball, but had merely cone to the next step in the pf^Qcess. He asked Council if anyone knows what assumptions .^ere used in the preparation of the preliminary studies. Bernhardson stated that MMDOT did ni>t explain taeir methodology to a great degree. He suggest»»d that it may be helpful to ask Larry Dallam directly about specific assumptions. Carlson asked if Council is aware of the purpose tor the upcoming meeting with the Commissioner of Transportation. - 14 - I- B*jrnhardson replied, "Tho Cxty r-;ceived that the Commissioner wou .d ii-;e . o talk representatives of the two communities." a call indicating individually with Jabbour stated that he would like to when the meeting will take place> and who will be attending it- Bernhardson indicattid that tiie date o: June 1., 19)1 is being tentatively considered. Goetten e.cpressed concern about waiting that long for the meeting to take place, and suggested it be held next week. Butler stated that she would very much like to attend the meeting with the Commissioner. Goetten asked if the meeting can only be atte.ided by two Councilroembers. Bernhardson stated that no more than two CounciImembers ran attend the meeting without the need to make it public. He acc.ed that it will more than likely be possible for one Staff and Planning Commission member to attend as well. iabbour wanted tn ask Planning Commission Cnair, Cnarlie Kelley to attend. Sutler preferred to see Sw’.ch mt-etings have more group observation, th«in group participation. She said, "In meetings where there is a great deal o^ introducing people and discussion of topics things tend to be misinterpreted and taken out of context from one side to another. if there i =; an audience, especially during discussions of a topic as emotional a.- Highway 12, there is a .nuch b«ntter chance of having the d .scussions understood, the process accepted, aid the end result implemented in a more efficient manner." Bernhardson advised that he would contact the Commissioner Qf Transportation tomorrow to find out more about the number of representatives that can attend the meeting, and whether it can be held next week. Mayor Psterson a?ked if Councilmembers and B_tler and Goetten would be willing to attend the meeting. ktoth indicated in the affirmative. Jabbour stated that there should not be one meeting pertaining to H_ghway l.l Corridor that i? not attended by a coalition from the City of Orono. Goetten urged Council and the Citizen's Group to keep the lines of communication open. - 15 - ?—"F'- ? • Cosgrove asked Council if it would be possible for them to appoint a member to attend the Cititen’- Group meetings. Goetten advised Ms. Cosgrove that she is welcome to call any of the Councilmembers at any t^me. Jabbour added that the Citizen's Group should also feel free to call City Staff and enlist their assistance. Gaff.-on indicated that he would assist the Citizen s Group by providing well locations. (#17)GOLF COURSE-POLICY FOR GOLF ROUNDS It was moved by Butler, seconded by Mayor Peterson, to adopt option #1 (see page four of Mark Bernhardson's memo dated May I?, 1991) as a formal policy, and that such policy shall be reviewed annually to determine the total amount of revenue foregone by the policy. All voted aye. Motion passed. (•I8)LIQUOR VIOLATION REVIEW PROCESS Bernhardson reguested that this item be tabled. It was moved by Jabbour, seconded by Goetten, to table this item until Council's June 10, 1991 meeting. All voted aye. Notion passed. (#19*)MUNICIPAL BOARD PROCESS It was moved by Jabbour, seconded by Goetten, to accept the information presented regarding the Municipal Board Process. All voted aye. Motion passed. (#20*)HIGHWAY 12-SEWER/WATER-2160 WAYZATA BLVD.-DAMAGE CLAIM It was moved bv Jabbour, seconded by Goetten, to accept the information presented by Staff, and to attempt to resolve this matter by the June 10. 1991 Council meeting All voted aye. Motion passed. (#21*)CBRTIFICATE OF ACHIEVEMENT-OFFICER JAY DEMBOUSKI ■BSOLOTION #2965 , ^ It was moved by Jabbour, seconded by Goetten, to a.iopt {(•solution #2965, expressing Council's appreciation to Police Officer Jay Dembouaki for his efforts while on active duty with the U.S. Marine Corps stationed in the Persian Gulf. All voted aye. Motion passed. (322)SALARY ADJUSTMENT-PATROL OFFICE JAY DEMBOUSKI Mayor Peterson had requested that this item be removed from the Consent Agenda. She indicated that she had no objection to the increase i.n pay, but noted tha- Officer Dembouski was on active duty with the Morine Corps fir five months of tne probation period. Mayor Peterson questioned whether it would be appropriate to approve the pay increase, but extend the probation period for an additional five months. - 16 - •• T •-Is m/ understanding that when a duty for a period of less than 130 nsidered it his place of regular from the how many Bernhardaon r-iplied, reservist is called to ar days, that time avay is employment." It was moved by Mayor Peterson, seconded by Jabbour, to formally authorir.e the increase to $13.4 4 undar the 19y0 Contract for Officer Dembouski br.sed on h^s s-tisfactory performance effective 4/6/91. All voted aye. Motion passed. (#23*)RESIGNATION-OFFICER TIMOTHY ROBERTS It was moved by Jabbour, seconded by Goetten, to accept the resignation of Timothy Roberts from his temporary position as a patrol officer effective 5/29/U with appreciation for his work and wishing him the best in his new p^osition with the Cxty of Bloomington. All voted aye. Motion passed. (#24)NATER FOWL REMOVAL PROGRAM Mayor Peterson asked that this item be removed Consent Agenda for discussion. She asked Bernhardson (QQre years the Cxty will contribute to this effort. Bernhardson believed that the City had agreed to four years of participation. It was moved b>* Butler, seconded by Mayor Peterson, to authorise the removal of t.he water fowl from the Pheasant Lawn area by Dr. James Cooper, as has been done in the past years, and to agree to contribute up '.o $200.00 towards this effort for the year l’)91. All voted aye. Mition passed. (#25*)ADMINISTRATOR'S INFORMATION It was moved by Jabbour, Teconded by Goetten, to accept the City Administrator's Informat n regarding; Clean-up Day and Transfers. All voted aye. Mction passed. CITY ATTORNEY'S REPORT None. (#26*)LICENSES It was moved by Ja.bbour, seconded by Goetten, to approve the following license(8): Septic System Installer; Garbage l Refuse Collectors; Don's Backhoe a Exc. 11505 noth Street Cologne McCarty Watec a Waste 6250 Highway 12 MaplT Plain B.ildy Sanitation Inc. 590: Henry Street Maple Plain - 17 - i'- rr w: VJiiStonka Sanitation 3145 Island View Mound Residential Kennel:Rodney Crawford 4705 North Shore Drive All voted aye. Motion passed. (#27 moved b^- Jabbour, seconded by Goetten, to approve payment of the All . und-r Account. All voted aye. Motion passec.. EXECUTIVE SESSION ^ ,.,uest.d that Council adjourn to an Executive Session for the purpose of discus, ng pending litigation. ADJOORW4BNT (PLEASE FILL IN THE BLANKS) It was moved by_ _ _ _ seconded by , to adjourn the Regular Council Meeting at passed. p.m. All votedaye. Motion Barbara A. Peterson, Mayor ATTEST: Dorothy M. Hallin, City Clerk - 18 - V' 1^- I t To:Mayor Peterson & Crono Council Members City Administrator Bernhardsor. From: Date: Subject: Michael P. Gaffron, Asst Planning s June 3, 1991 r, 1 Zoning #1545 Thomas Lutz, 250 Cygnet Place - Variance - Resolution Zoning District - RR-lB, Single family rural residential, 2 acre, unsewered Application - Request for side setback variance to construct 3- eeason porch, side and rear setback variance for 7' 6" screening wall. List of Bxhibits Exhibit A Exhibit B Exhibit C Exhibit D Resolution Planning Commission Minutes of 5/20/91 Planning Commission Action Notice 5/22/91 Memo & Exhibits of 5/13/91 Discuss ii Please review the memo and exhibits of May 13th. Briefly, the applicants are proposing to build a 3-season porch at the rear of their house, although the lot line adjacent to their "rear* yard is technically a side lot line. Applicants are requesting a 21' side setback v9' variance) where a 30' setback normally would be required. Also, applicants propose to construct a deck with platform height 1.5* at the southeast corner of the house. While this deck itself is a non-encroachment, they are proposing a 6 ’ high fence section for privacy above that deck, and attached to the house. This becomes a 7.5' high privacy wall attached to the house which requires it to meet the 30' side setback and 50’ rear setback. A variance of 2' is requested from both the 30' side and 50* rear setback requirements. FlsBBiiig CoasdssioB Re idation At their May meeting. Planning Commission voted 7 to 0 to reconsiend approval of variances for both the 3 -season porch and privacy wail. Hardships and justifications noted in Planning CoHMission's recononendation include: a. b. c. The triangular shape of the lot. The change in setback requirements in 1975 after this house w«8 built to the 1 acre zone standards. A low-ievgil deck already exists at the proposed location of the screen porch. J fc'. - ii' I r fe.' r' c>- r ii-tfc P- I,r k-ip: ^ f --n-■ f.’ .-': Zoning File #1545 June 3, 1991 . Pe^e 2 The Planning Commission noted to the applicant and suggested that the resolution reflect that future requests for variances in the south yard of this residence would likely not be looked upon favorably by this Planning Commission. The Planning Commission also noted that there is adequate vegetative screening and distance between applicant's property and the residence to the southwest, so that the 9' encroachment on the south lot line setback would not increase the perceived visual density of the neighborhood . Staff KaoosBMndation Staff recommends approval per the Planning Commission ]^0commendation . A resolution is attached for Council review. Isv k'-'y :(C I;fe' !:■cfI i<:. ffi ti' r y^- t '¥ ;. 'k' i f p> rv A RBSOLOTIOH GRANTING VARIANCES TO MUNICIPAL SONING CODE SECTION 10.28, SUBDIVISION 5(B) PILE «1545 WHEREAS, Tom and Mary Lou Lutz (hereinafter "the applicants”) are owners of the property located at 258 Cygnet Place within the City of Orono (hereinafter "City") and legally described as follows: Lot 10, Block 3, Swan Lake Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to pemit the construction of a 3 -season porch to be located 21' from the south side lot line where a 30' side setback is normally required, and to persiit the construction of a 7.5* high screening wall attached to the house, such wall being proposed 48' from the rear lot line and 28' froBi the east side lot line where 50' and 30* setbacks respectively are normally required. Minnesota: WOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1, This application was reviewed as Zoning Pile #1545. 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 proposed variance on a vote of 7 to 0, based upon the following findings: a) The triangular shape of the lot and the orientation of the perceived rear of the house against what is technically considered a side lot line, make this a unique lot. Page 1 of 5 I b) While this lot is approximately 0.6 acres in area in a 2 acre zone, the property was developed prior to t. 2 acre standards, at a time when the side setback requirement was only 10'. c) There is a pre-existing deck at the proposed location of the screened porch. d) There is adequate vegetative screening and distance between applicant’s residence and the neighboring property to the southwest such that the proposed additions will not have a negative visual impact on the neighborhood. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district? that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. roMCLOsions, ordbr and cohditiohs Based upon the above findings, the Orono City Council hereby grants variances to the Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a 3-season porch addition to the south side of the residence, such addition being 21* from the south side lot line where a 30* setback is normal ly required, and granting variances to permit the construction of 7.5* high screening wall to be located 28* from the east side lot line and 48* from the rear lot line, where setbacks of 30* and 50* respectively are norsuilly required, subject to the following conditions: Page 2 of 5 m M ri?' >- 1* Applicants are advised that this Planning Conunission will not look favorably on future setback variances in the south yard of this residence. 2. Any changes in plans from those reviewed as part of this application may be subject to further City review. 3. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 10, 1992). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the soning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 Adopted by the Orono City Council on this 10th day of June» 1991. ATTEST: Dorothy M. Rallin, City Clerk Barbara A. Peterson, Mayor S'.'; ■Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th dey of June, 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor ft City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ■7: STATE OF MINNESOTA ) ) ss. COUNTY OP HENNEPIN ) SSforV™. . Notary Public wTt'hirand for said t"o“^ appeared day of 199 the oerson(s) described in and who execiTted the foregoing instruments and acknowledged that he (they) executed uhe same as his (their) free act and deed. NOTARY PUBLIC my commission expires STATE OP MINNESOTA ) )ss. COUNTY OF HENNEPIN ) . of , 199_s before ine ."wotary Public within and for said « “bV^the Mraan(s) described in and who executed the foregoing instrument, an” acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRE^ Page 5 of 5 CITY OP OROIK)P. O. Box 66 Crystal Bay» MN 473-7357 ZONING PILE #1545 55323 NOTICE OP PLANNING COMMISSION ACTION Date of Notice: 5/22/91 TOt Tom Lutz 250 Cygnet Place Long Lake* MN 55356 COPIES TO; TYPE OP APPLICATIONS Variance ppom OP MBITIN6S 5/20/91 VOTBs 7 For 0 Against Planniiig CosMlssion reoosBends the following: Approval subject to conditions noted below ■0TB8 AMD SPECIAL CONDITIONS: Planning Commission indicated that owner should be placed on notice ti .t any additional future requests for side/rear setback variances would likely not be looked upon favorably. Applicant's next scheduled meeting is confirmed as the City Council on Monday* June 10, 1991; meeting starts at 7:00 p.m. I£ you desire certified copies of the official Planning Commission Minutes* they are available from the City Recorder after review and approval by the Planning Comnission. lav II k-'- I M'lhB ■J I u- ■ m- k' % s«; r m- V.'.; Efj-.V:, f t '■ ". • '■:" ^ V- i V Tos Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Michael P. Gaffron, Asst Planning & Zoning Administrator Data: Sobjact t May 13, 1991 11545 Tom & MaryLou Lutz, 258 Cygnet Place Variance - Public Hearing Soalag Diatrlet - RR-IB, Single family rural residential, 2 acre, unsewerad Application “ Request for side setback variance to construct thraa-saaaon porch, side and rear setback variance for 7'6" screening wall. List of Inliibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit P Exhibit 6 Exhibit H Application Letters Prom Current/Previous Property Owners Plat Map Property Ovmers List Survey Construction Plans Air Photo Relationship of Neighboring Properties (Map) Partiaont Coda Sactioo • Section 10.28, Subdivision 5 (B): Required side yard * 30* Required rear yard - 50* ■otas This application was tabled in June 1990, because the pravious applicants, Mr. t Mrs. Rodwell, decided to sell the proparty to Mr. 6 Mrs. Lutz. Per the attached letters of request, the City has accepted a revised plan from the new owners, and the new owners are continuing the original application with a few revisions. Partiaaat Facts * Proposed setbacks are as follows: Side Setback 1. Rear Setback ProposM Reqd. Var. Proposed Reqd. Var. Screen Porch (south side) 7.5* Privacy Wall (east side) 21* 28* 30* 30* 9* 2* 2.Applicants' lot Is triangular, and the south and east lot lines by definition are considered as side lot lines. Also by definition, a 10* long line parallel to the road at the rear corner of the lot serves as the rear lot line for setback purposes. u' <1 ^ t L--S^ V - f J / m - i. r miZoning File #1545 May 13, 1991 Page 2 of 2 3.Applicants' south yard functionally serves as the rear yard, and that yard abuts the neighbors' rear yard (see Exhibit H). Applicants mowed lawn extends perhaps 10-15' across the actual lot line. 4.The privacy screening wall will be attached to the house and 7’6" above grade, hence it must meet the principal structure side and rear setbacks. A variance of 2* on the side and 2' on the rear are requested for this screening wall. The remaining portions of the deck at the southeast corner will be approximately 18" above grade, and are therefore considered as a non-encroachment and don't require variances. 5.The property is in the RR-IB zone and is not subject to hardcover regulations. Lot coverage including the house and proposed additions is approximately 7.8%, meeting the 15% lot coverage limitation. The lot is approximately 26,250 s•f. in area. Diecossioii - The screened porch will be approximately over the existing open deck at the southwest end of the house. The neighboring residence to the south is about 130' from the proposed screen porch. Applicants' house is set so far back on the building envelope so as to .leave little area for rearward additions within the allowable building envelope. This lot was platted in 1959 at the time when the minimum lot size for this area was 25,000 s.f. The existing house was constructed in 1971 under the R-IC zone, which required a minimum of I acre. The required side setback at that time was 10'. In 197S the area was rezoned to RR-IB, 2 acre minimum, with a 30* required side setback. The proposed addition, while encroaching into the required setbacks, will maintain a significant distance from the neighboring residences, and, at the proposed single story height, the screened porch and screening wall may have little or no significant effect on open space in the neighborhood. There is extensive vegetative screening to the south. staff has received no comments from any neighboring property owners. 8tn£f _______________ If Planning Commission finds that the 9' side setback variance for the screened porch and the 2' side and rear setback variances for the screening wall will not have a detrimental iag>act on the neighborhood, a recommendation for approval could be considered. J ?'• h I'm m ' KvEw r? ; k r.b'p-I F i' h*i/r 'f'/j CITY OF ORONO - 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 Pees (Double application fee) PROPERTY LOCATION Site Address Z Cl) Property Identification Number (P.I.D.) - H7 -2-3 'I'b- OOi Attach legal description to application if not included on required survey. j^^tXCAMT Phone (home) _ Name Tonn AMO iDAKH ^OU LuJ^_____ Phone (work ) SS 3 Address: ZCffc C.Cj(^eT PL City; O^iJO Zip; (if different than applicant)Phone (home) Name Phone (work) Address:City;Zip; Date Property Acquired (month/year) I (do) 1^^ also own the adjacent parcels of land. IMT 08B OP PROPERTY Present Zoning District Present Use of Property Residentiiti^ Other (specify) IE8T Estimated Construction Cost $ Oaacrib* raquast in d.tail: PxJlUaMC. /*>lOntTI0KJ Am.Ui ^M(»Fe&'T pi<om 5«p£ <-c t ti:je ( wg$T. 1 ^~o')o~'oecisUio~of Kcose ^ D . C! Atf-r LnT AKiO FICOM ( r>T Lu.\^ .eA^T •Site LOT c\^^e /Vjo 4S‘-e*“ pKom Aev«. cor uue. Lot Area _____ Lot width _____ Hardcover ^ Rear)SetbacJc Variances (Front Side Other t^eke ’ c r thg si we Cr UT At^o rn-e"^kfine^P^^ pU\«:E*9 r^V' ^Acfc.CK- THE T ^ I w • S.^w HIW (-llr SHIP strictDescribe undue hardship or practical enforcement of zoning regulations; AC : HE 14 /^Aiutfsjc^ Oog£> C. DBSCRIPTIOM OF OMUSDAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements; Ht^ Uoo oiST ^ C.^w f - ISBD SUBMITTALS Completed Application Form Certified Property Owners List of owners within 150' (you must obtain this list ^om Hennepin County Department of Finance A-603 Govt Center 348-3271) Plat Map (obtained with property owners list). • Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8»i''xll ” for reproduction). Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8*i"xll"). Sicetchea or plans of floor 6 elevation views (provide 1 copy 8>j'’xll"). As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please resMsd^er that vour vsiriance application is not complete if__Uie—eBo^g liifiii included. AmJCAMT'8 8I6HATDRE . The applicant hereby agrees to provide all information required or requested by the Zoning A ministrator, agrees to ay additional fees (staff not covered by ori “inal fee payment) an-/or consultant expenses incurred in review of this application, and certifies that the information Applicant's Signature 41i------- Date ^iihi ______81QU9DBB The owner hereby aclcowledges and agrees to this application ar d further authorises reasonable entry onto the property by City staff, consultants, agents, Connisaion members, and Council members for purposes of investiga­ tion and verification of this request f Owner s 8ianature'*'^f(rYV/^^^^^^ f'^C^?U^L(XL^LuiX^ate j^pHoant must have all''siibBiittals into the City offices 25 days before the fleaning Cosadasion Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all schedul^ of the Planning CoMdaaion and Council. If an applicitnt is«<awi(onable to attend a scheduled SMSting, please make arrangements to have an authorised agent attend in your place and to advise the Building s Zoning Office of this change prior to the meeting. 'V f r-' i:.I \ *a .-^_;pj ■ w un e - ^^ cir •tun ^ ® la Mr. Mike Gaffror. City of Orono 1335 South Srowr. . Orono, MN 55356 Re: 285 Cygret Plac Dear Mr. Gaffron: PUc. a^^d-'DAn-.V^war-'^^oJ? ^'csTV^i' lnl:t.r, to t:.:3"'prc";,i?rand''Vr/ -;^"t"at‘'npun w„ tablad at th^l'a^st opJort^.it°; to",ubmitl;'c?h" ■••* another p*an ro you so.T.eii.T.e next fall. m. ...n. Thank you for your cooperation. Very truly yours. V^n A A - J ' I 'lU / Thomas ?, Lutz X if‘ ir li" .1. i-’' ■ Sd C 4m ^ t 199C 2 9 1990 ■■_ .-V .KCttCPIN COUNfY PmJPEiTV INTCMHATION SYSTEM I'ROPERTY OMCRS LISTf.-i.'r'-'BAfCN OM OMCR HIM TAMPAVIH fANMVfll Nim/ASM fAlMVIt TANMVtR WM/UM liis 'a JV W M-lI7-a ts 0012 OOUI CVONiT PI PMM 0 ST UNMNCE ET li PRINK C RATIMlIlN tT UMRSNCE 2U CYONIT PL H torn UKE m fosM SO 00-117-n ts 0010 00210 CYONIT H J S 0 L N iiaiR.ll JIMS 0 ORONNill ISO CVOMT PLACI LONS URI m MSS* SO 00-il7-2S ts 002* OSlOO RtOQtNOOO CIR PRAM J 0 PATRICIA K ROUTSOI PRAM J ROUTSON SlOO RIMNOOO CIR LOa UKI tOI SSSS* TOTAL RATCN OOS 00009 REPORT NO. P19SS401 PAGE 3 SO 0A-117-2S 21 0013 002*1 CYGNET PL MICHAEL P DALE ETAL MICHAEL P DALE Rr 1 BOX SOU LING ALKE fM SSSS* SO 09-117-2S 23 0017 002*0 CYGNET PL DEAN K MOLIN ETAL DEAN K MOLIN 2*0 CYGNET PLACE LONG LAKE m SSSS* SJ 0*-117-2S 2S 0019 OOtSO CYGNET PL D A ROOHELL A J L ROOHELL DAIN I A JANET L ROONEIL 2.-.0 CYGNET PLACE LONG LAKE »M SSSS* 36 0*-117-2S 2S 0021 03160 RIDGENOOO CIR HILLIAM 0 LEVERING MR HILLIAM D LEVERING 3160 RIDGENOOO CIR LONG LAKE MN BS3S* SO 00-117-23 1* 0001 00200 LEAF ST L P A P A CRANE irSLIE P CRANE JR PATRICIA A CRANE 2I.S LEAF ST biiONO Itl 0035* 30 05-117-23 1* 0002 002*0 LEAF ST HARLAN STOCKTat HARLAN STOCKTON 2*0 LEAF ST LONG LAKE Wl BOSS* I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE Rt: RESENIAlia^ OF INFORNATION AS IT APPEARS THIS DATE ON THE RECORDS Of THE HCtO«PIN a- NY KNONLEOGE Miii ■a-:“mm X. '>■: I?,: -„ii ;>i»' —... ^ '—■"TsA rrrr^'^ <0«r»^ A i '' OweWW'i nas* SOV It -9^ PYt t 9B0.91 P|9rt '^ —K.ei»00U4^VM -J-l O* Ui Ss Oy:v:>i::.^ * L‘-r- ■V • • -?/4 * / i i>^ *.• . * •9 % • # << • «• ^ ^ • ;-••'Troimrer/iurt ntAPtf- ^ —■ »* • fc> jRyggi 'i>: ;'■ :>" . , ,v„. 4ui^w«r^«piA ^ ri¥X» iww*««T ’S.wV-j- %. A» ^ . V • s. • .ip . t. 9:4r* •<«• 0 jf :v'? •f\-- A E. -■- • K/r k'-'r V & n 5f^w«LC-r*AH®^— 'Z4.X4'.facwoi® r^: t;-..T^«4Trt? ZK4. —: i I: r 'I Ai>U ’MAr»'*i Br****T. •ii:; \^vtixc cs^f^ Vi/<iT^S5eM -M»-X 1C X 3 V-tf f ^-^ •( T i'fcATfci-' -<•)' L_J aj:- ,. . j I f ' ♦ •l ' ^ ^<1: f!(^T <frT 1 1 A'^i* 1 . ii. Se.<sTioKi ‘/>"-i‘-c‘’ •-* .%• :...^:xm.WftM»-!r - > - • 'N. _ ^ ___ %-'• • V^. '. . ^ - '• . -- •• ^ *• .-. J . I . . _ •______ •.'^’v 1 - - -S « ------- • • *. '^•W' •* f-. ..- •#• .• - * *> i- *»• ^ •■' ' .** . * • *■ i» ■^ ■ “••■ . __ |.i» *. # •.*••* • \* -• # • •• ^» -* -- . *' ' V* ’ » ■ . - ./ -' .i-’. • ■ • . - r ' . .^ "r-r - • • . " • - >i *• • • . ^ . . - • n ' w •J- f*•v • I .Ifc* b t«JiP>«^ “*—j^Trwwp— f I \ ^ T ‘ ^ ^, XA !?;atu- ■;*r X.• ■ ”; *^\m' . • # « «• 4 '■ - - s:- t:;-- * ♦ V f »•*t»9•*•* ' , i *»i#' -r* 4j?f*»Trvi/:::" .TbAtw jvf::-:..-:^'- “ /•^•_'^ i/txx;'_ >1^A^e ¥■ [iY Ca y C/^ TOS Froai Dmtmi Mayor Peterson and City Council Jeanne A. Mabusth, Building 6 Zoning Administrator June 4, 1991 Subject: 11551 Robert L, Waade, 998 wildhurst Trail - Final Subdivision - Resolution List of Bshibite > A - Resolution #2648 B - Pinal Plat C “ Final Plat Approval Resolution The applicant has fulfilled all conditions set forth in Resolution #2848 to allow for final plat approval. Staff recosunends approval of the final plat of "wildhurst Est..':es'’ subject to the findings and conditions set forth in the enclosed resolution« Exhibit C. V-'V A RBSOLOTION APPROVIMG THE PLAT OP IfILDHDRST ESTATES PILE NO. 1551 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota? and WHEREAS, the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHBRBAS, the City Council has considered the application for a subdivision of a four lot plat by Robert L. Waade (hereinafter "the subdivider"); and WHBRBAS, the subdivision has been found to meet all standards of the LR-IB lakeshore residential zoning district finding that each lot is of a size and configuration that will allow its use as a single faunily residence to be fully developed without the need of any variances; and WHBRBAS, on February 12, 1991 the Department of Natural Eesources issued a Protected Waters Permit (91-6115) to the subdivider for the installation of a culvert and rip-rapping at a drainage outlet entering into Forest Lake; and WHBRBAS, on March 1, 1991 the Minnehaha Creek Watershed District issued a permit (90-79) for proposed land alterations involving the flood plain of Lake Minnetonka and drainage Improvements adjacent to the shoreline of Forest Lake; and WHBRBAS, the subdivider has completed all requirements of the platting regulations of the City, including; 1. Completion of all the requirements of Resolution 12848. 2. Dedication on the plat of right-of-way for a public road shown as Wildhurst Trail and in conjunction with the dedication of right-of-way and the upgrading of wildhurst Trail, property o%#ners located at 995, 997 and 999 Wildhurst Trail have granted easements to the City for drainage and utility purposes along the southern boundaries of their properties. Page 1 of 3 V;' 3. Dedication to the City of a Flowage and Conservation Easement providing for limitations on the use of wetlands and drainageways described therein and shown on the plat as drainage easements. 4. Execution of a subdivider’s agreement providing for Installation of certain improvements as a condition of subdivision approval and the posting of a letter of credit at an amount equal to 150% of the cost of these improvements • 6. Payment to the City of a Park Dedication Fee in the amount of $16^800.00. 7. Payment to the City for the legal review and filing of the plat easements and covenants in the amount of $150.00. ntm, THBREFORB, be it resolved that the City Council of the City of Orono hereby approves the plat of Wildhurst Estates Addition, Hennepin County, Minnesota, subject to the following condition: 1. Prior to the issuance of building permits for new construction, the road base, all storm sewer construction and other required land alterations must be installed and approved by the City. The City Engineer must approve all road plans or storm sewer plans and lot grading plans prior to any land alteration . 2. All erosion control as shown on final approved grading plans must be installed prior to any land alterations. 3. The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder ’s Office or the Registrar of Titles office on or before December 10, 1991 together with a certified original copy of this Resolution and executed copies of the easements and covenants noted above. <Pbe approval granted by this Resolution shall expire 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. Page 2 of 3 0' .) te.m-. U :m K I" !;i:r-, ;-is^ ^ ■ m yi :i'; ■ p- I- I »m . 0 w ¥: I- fe I.'?. P! yw. w. ^ lir. Adopted by the City Council of the City of Orono on this 10th day of June» 1991. ATTEST t Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA } ) 88. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this loth day of June, ?.991, by Barbara A. Peterson & Dorothy M. Hallin# Mayor S City Clerk of the City of Crono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 3 of 3 a&^--arK.saAiM<'r’ >v->. A,.. •i-lr r * City of OROIVO ReSOLUTION OF THE CITY COUNCIL NO.843 / R2S0I.0TIwli GRAHTIliG PRb’ uIMINARY APPROVAL OF WILDHORST BSTATBS APPLICATIOH RO. 1551 NBBRBASf Roberc L. waade on May 25, 1990 T.ot 1 Tonkaview Card' I thror.gh 9 inclusive now vSc.«d ri« .'eludes .u^acent vacated street ^ §«lens; Lots 2 through iO Vlock^!!j'o?i.%"A7ken'.Vk?io?rA''^rd%'\“o^"gViy ?o%':.r:iji:%^."/krHA"n^ne^^^^ "tha proparty") and; hald public haarings on June 18, 1990 and Juiy to, , tiaaa^ all parsons desiring to be heard concerning this application ware givan the opportunity to speak thereon, fact: 1. Tha proparty is located within the LR-IB Single Family llJd wTthii each7awiy*crnted'*ltt':”^ 3 Section '35. Subdivision 15 (A)2 will allow credit of iand?1?itSia protactad areas if both municipal i!T-l ricdsa is available to that site and as long as thare t:„.\:t'%Vt;.'‘7oi'i»^^^^^ ionti,ii:r?c-A.r:rs-= Lot 1 Lot 2 Let 3 Lot 4 1.45 acras 04 acras .96 acras .95 acras Page of 5 '' V*'*' I""' .•'•r 5;- •M ‘-.‘ 'tii' . ■f.O- ri* •■ #o r ', .jV- k ■\' :V^' i Vi' ; •; • ^v' • • .J City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2S48 ________ 3» Th« property contains a total of approximately 5+ acres in area. .tdeq^Ite irea linl^ to'" suppor? three additional units. 5, The existing structure on Lot 1 setbacks of the LR-IB zoning district. meets all required 6. Lots 1 and 2 do not meet the required lot width to the rear of the front yard setback line per Section r Subdivision 5 (B). At the Planning Commission of July ib, 1990# the Planning Commission iicommended approval of the lot width variances based on the following findings: A) The two lots are located on a cul-de-sac. B) To move the cul-de—sac further east would require the removal of two sets of mature pine trees and create a major impact closer to the lakeshore based on severe sloping topography. C) Granting a lot width variance for lots on cui-de- aacs is consistent with previous City action. ■ON* TUMPORB BB IT RESOLVED, that based upon one or ■ore of the findings noted above, the city Council of the variance for Lets 1 and 2, subject to the following conditions. 1. Pinal trading plans must specify the following information t A) Allowed hardcover within 75-250* and 250-500* setback areas based on lot line configurations approved by Council. B) Basm! on Minnehaha Creek Watershe. District's final construction. Page 2 of 5 ■ . City of OROINO RESOLUTION OF THE CITY COUNCIL NO. ________ ■ d % ^ • • I 2. Pinal plans to specify the following: A) Designation and dedication of Drainage and utility Eaaemanta on pXat of property ^®°“f Israinage947 and 999 Wildhurst Trail, or execution of Drainage and Utility Easements by three property owners acc6«a3 to sewer and snow storage . ) B) Designate 15' Drainage Easement from 930’ elevation leading to lake at invert to wetlands. be installed and approved by the City. nSted prior to any land alteration, that all erosion control as shown on the approved grading plan installed. Please note the City Engineer must ®PPJ® all road plans, storm sewer plans, and lot gradl-.g plans prior to any land altera' n. Applicant to provide engineering plans for (28' paved width with curbs), road profile sections, etc. D) The Minnehaha Creek Watershed District roust grant necessary permits before the any referenced improvements can commence. fSSmfr «y*^n‘lLV W 'b.’*'don. nil wiA require conditional use permits if that fill excess of 100 cubic yards. If fill i» ««der 100 cubic yards, a separate land alteration permit may be issued by the City. PINAL PLAT SUBMITTALS Tb. follclng Il.t of fin.1 mu.t I" tb. toning Adnini.trntor two w..k. Pf^o/ “ thescheduled Council meeting on the se-ond and fourth Mondays or ■oathi W‘:: g» Ilf Ao RTCOTD PLAT drawings in the form of two (2) “Xj®? and one (1) copy reduced to l'*-200'. Drawing to includ . Page 3 of 5 ■I t'- City of OROINO RESOLUTION OF THE CITY COUNCIL NO. ________ 1990. b) Dedication of -drainage and e .^^ch wide along all perimeter property lines . aide of internal property lines - please omit adjacent to lakeshore and wetlands. wetlands. Please assure that all drainage/structure Iipiev.»;ntVIr. located within the public easement areas. d) Define lakeshore at the 929.4* elevation. e) Dedicate Wildhurst Trail as a public road, entitled -Wildhurst Trail- not as an outlet. B. LEGAL DOCUMENTS required: e) Title opinion addressed to the City. ^11 owners, Sortgag. ho^d;rs or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b) The applicant must P^^o^ide certified copies of recorded easements currently affecting the prop y. c) Signed and executed Flowage ^ ConservaUon Easement over tie wetlands defined as drainage easements within the plat (sample enclosed). Si.„ Vci'iii nr%h“:*u.".‘% “tht M th. north to bo used only ^Ut 2:Jtsstnht“rb.^o‘^i:"h.rs'*‘:nd »o 9?..t«r^«» 10*. The width of easement must include sewer line. Page 4 of 5 ' 1*1 4’wJlr#>U.. M:' r f > f ' r'4 ( r i City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2<^48_ _ _ _ C.FEES TO BE PAID: Total Due $300.0_0_ a) Final plat fee - $150.00 b) Legal review and filing fees of $150.00 c) The City Assessor shall determine the fair market value of the property. Applicant shall be J a Park Dadleation Fee at the rate of 8% of the fair market value of the undeveloped lands. The Citv Assessor has advised that he will make the final determination prior to the meeting. The Park Fee m^t be paid upon the filing of the final pTit aopiicarionj. 1990. SOTA )STATE 01 COUNTY OF HENNEPIN )ss. ) The foregoing instrument was acknowledged before me on this 13th day of August, 1990, by James R. Grabek * of the City. r. LI Notary Public Page 5 of 5 -4. • fe > r* *‘w: ■V ‘i' !'■ k^'*. ?v I r.‘ H r. !. ?kv fv^=" j:i:K Ki’ - /•' c:.. rot Mayor Peterson and C5.ty Council Datat 4^ Jeanne A. Mabusth, Building i Zoning Administrator 4u June S 1991 ^ Si^iacti #1600 Rick's Super Valu, 3333 Shoreline Drive - ^ Review of Amended Commercial Site Plan List of bhlbits ' A - Approved Site Plan B “ Proposed Grading Plan C - West Elevation D - Site Plan - Sketch On February 11# 1991# Council approved a 10* setback (to side street yard of Kelly Avenue) variance for a proposed addition to Rick's Super Valu. The 10' setback variance was required for a structural addition consisting of a 47 xl25 addition and a 28'xl2' receiving dock. The remaining structure at the 10' setback would be the retaining wall running 113 and at a maximum height of 17*. Applicant's original landscaping plans included extensive plantings •lo^^ 'the portions of the retaining wall in excess of 4-5' in height (review Exhibit A). The applicant has proposed an eunendment that would involve approval of the City to grade within the unused portion of right- of-way for Kelly Avenue creating a gentler ®1°P® that looks like a retaining wall is actually a sketch of a within the loading dock area. Grading not only is proposed within the right-of-way but also within the detention wea of the building. Approximately 40' of the southern detention area will be filled to create gradual sloping away from structure• Staff would recommend approval of the request as the ability to grade will minimize the impact of structure within the substandard setback area. Staff has asked the consultants for Rick's Super Valu to provide additional drainage information ano more detail on what the impact will be on existing Avenue, file City will also ask applicants to resubmit the grading plan to the Minnehaha Creek Watershed District for review. Preliminary review suggests that there will be no major impact to the existing road nor to the sensitive drainage area “s • result of the grading within the unused portions of the rlg».c- of-waVe Drainage facilltiaa will be installed within the private property portion extending to the detention pond to the south, ^e questions the City staff will want the *J**^®®f will be# What will the impact be of the filling of 40 into the detention area? . . .and How will it effect the original permit approved by the Minnehaha Creek Watershed District? iMm f:)>rh r- V. 1#-^ ■•'p.t^[r-.-' '■r^ %:■ ■M‘. ■ ‘iSf:.fc Zoning Flo #1600 Juno 5, 1991 Pogo 2 of 2 Staff would roconuBond conceptual approval of the amended ««iorcial aito plan baaed on a reviaed drawing dated 5/22/91 by (L^Plamiark for Rick'a Super Valu at the property located at 3333 Shoreline Drive, that would result in the regarding of unuaed portiona of the right-of-way for Kelly Avenue. Such grading will oadt the need for extenaive retaining wall construction within a substandard aide setback area. Staff will reschedule the amended application for Council's final review upon resol'^e of a final grading plan. I J 'J. w .i 'O\i/ ^ o \> Tof ff- ! fP"- r- ¥pTvI'h F»/■ r Dates Mayor Peterson and City Council Jeanne A. Mabusth, Building & Zoning Administrator June 4, 1991 ^ublacti 11615 Gary Mroz and Ken Hopkins, 59 Ferndale Green - Final Subdivision - Resolution #1616 Gary Mroz and Ken Hopkins, 59 Ferndale Green - Conditional Use Permit/Variance - Resolution #2927 List of Bxlilbite - A - Resolution 12927 B - Final Plat C - Draft of Final Plat Resolution D - Resolution Approving Original Conditional Use Permi* Variance The applicants have fulfilled all conditions of preliminary subdivision approval as setforth in the enclosed re»oluticn #2927. Staff recommends approval of the final plat of "Fairway Rills Addition" subject to the findings and conditions set forth in the enclosed resolution. The original resolution conceptually approved by Council in February for the conditional use permit/variance phase of application can now be formally approved by Council with the approval of the final plat. Members are reminded that application #1616 covered the land alteration for driveway, utilities (within wetlands), and retaining walls within Lot 1. A RBSOLUTlOll APPROVING THE PLAT OP FAIRWAY HILLS ADDITION ^ILB NO. 1615 WKBRBASr the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHBRBASf the City Council of the City of Orono has adopted subdivision regulations for the orderly, economic and safe development of land within the City; and WHEREAS, the Citi Council has considered the application for a subdivision of a two lot plat by Kenneth R. Hopkins and Gary D. Mroz, hereinafter "the subdividers"; and WHEREAS, the subdivision has been found to meet all standards of the RR-IB rval residential zoning district finding that each lot is of a size and configuration that will allow its use as a single family residence to be fully developed without the need o< ny variances; and WHEREAS, a portion of the property has been assessed a sewv and -ater unit, the City Council approved sewer and water serviv, c both Lots 1 and 2, although both lots meet the required ijr. i standards for residential development; ard WHEREAS, the subdivider has completed all requirements of the platting regulations of the City, including; 1. Completion of a .1 the requirements of Resolution #292/. 2. Dedicat-jn on the plat of right-of-way for a public road shown as State Highway No. 12. 3. Creation of a new private driveway shown on the plat as Outlet A. 4. Concurrent with the creation of this private driveway, the subdividers have dedicated to the City utilities and access easements granting to the City permanent access, improvement and utility easements over said outlot; the subdividers have created a declaration of certain asifitenance covenants wherein each *^f the abutting and/or benefitting lot oivners covenants ^.;d agrees to permanently maintain an^^i pay the cost of maintenance for said private driveway. Page 1 of 3 11 5. Creation of Outlot B, the remaining portions of the property set aside for future development and currently used by the Wayzata Country CluL. 6. Dedication to the City of Flowagt and Conservation Easements providing for limitations on the use of wetlands and drainageways described therein and shown on the plat as drainage easements. 7. Execution of a subdividers' agreement providing for the installation of certain improvements as a condition of subdivision approval and the posting of a letter of credit at 150% of actual cost of required improvements. 8. Payment to the City of amount of $10^200.00. a Park Dedication Fee in the 9. Payment to the City for the legal review and flying of the plat easements and covenants in the amount of S150.00. MOW, THBRBPORB, BE IT RESOLVED that the City C jiincil of the City of Orono hereby approves the plat of Fairway Hills Addition, Hennepin County, Minnesota; subject to the following conditioni 1. Permits for residential construction on both L'-s 1 and 2 shall be issued by the City of Orono. Sewer a d water permits shall be Issued by the City for both Lots 1 and 2. The tilling for sewer and water usage shaii be the responsibility of the City of Orono. Lot 2 has rectived credit of the previously assessed water and sewer unit charges against the property. Based on the 1991 fee scheduled, a sewer connection charge for rot 1 is $7,224.57 and a water connection charge is $3,531.18. 2. Building permits will not be issued for new construction until utilities are installed and the access road nas been approved by the City Engxneer for safe use by municipal inspection vehicler 3. Pinal utility and road construction plans must be approved by th*' City prior to inst.‘:llation. 4. Tne subdividers and futvr'* «ners are here! advised that any granting of access easements involvin 2 may decrease the t#»o acres in area of -^ry contigu-»us ..ds jnd that the existing standards of tne RR- iB zoning district shall be effective even though municipal ser^'^ce has bef ^ provided to Lt' 2. Page 2 of 3 1 mm 5. The aforesaid plat shall be filed by the City of Orono with either the Hennepin County Recorder's Office or the Registrar of Titles office on or before December 10, 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 expire 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. Adopted by the City Council of the City of Orono on this 10th day of June, 1991. ATTEST: Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) this Thfi fore : 'Ing instr\iment was acknowledged before me on day of _ _» 19_ _ _, by Barbara A. Peterson ft Dorothy M. Hallin, Mayor f- 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 3 I-r fe' ■i'"- A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8 AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 PILE 11616 WHEREAS, Gary D. Mroz and Kenneth R. Hopkins (hereinafter "the applicants") have an interest in the property located at 59 Perndale Green within the City of Orono (hereinafter "City") and legally described as Outlet A, Lots 1 and 2, Block 1, Pairway Hills Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have made application to the City of Orono to permit the installation of an access drive and sewer and water lines within a designated wetland where no land alterations are permited per Section 10.55, Subdivision 8; and per Section 10.03, Subdivision 19 requests a conditional use Mrmit for the installation of these improvements that involve land alterations in excess of 100 cubic yards. HOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1616 2. The property is located in the RR-IB Single Family Rural Residential Zoning District requiring 2 acres of dry continguous lands within each lot. 3. The property is approximately 6 acres in area. 4. The Orono Planning Commission reviewed this application on January 22, 1991 and recommended approval of the proposed variances and conditional use permit, based on the following findings: A) There is no other access to the proposed residential sites except through a land corridor that is intersected by a designated wetland area. B) The wetlands is classified as a Type 6/7 wetlands and contains no standing water. Page 1 of 5 r ,y- I fc‘V ; K ' V, ■?v' ^■=1r 't' I.m C) The encroachment is deemed minimal by both the Minnehaha Creek Watershed District and the Corp of Army Engineers. The Corp has granted a national permit because the land alteration will encroach less than 10,000 s.f. of the wetland. The fill will affect 16% or 7,900 s.f. of the total wetland area. D) The alteration of the wetlan*’ will not involve the construction of ditching, but flowage will be allowed to fan out over the grass land areas. E) The applicants have provided a minimal amount of additional retention area to mitigate the filling of the wetlands. The City of Orono has not asked for additional retention area to mitigate the filling for road construction within the wetlands, 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 properties; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council finds that granting a conditional use permit to allow the installation of a driveway will not be detrimental to the health, safety or general welfare of the ublic, would not adversely affect light, air nor pose a ire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Cosqprehensive Plan of the City. fS Page 2 of 5 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.55, Subdivision 8 to allow filling and grading activities within a wetlands defined as a Type 6/7 wetlands? and grants a conditional use permit for filling and grading activities in excess of 100 cubic yards per Section 10.03, Subdivision 19. This approval is subject to the following conditions: 1. Construction of road cannot begin until the Minnehaha Creek Watershed District has issued a permit and City Engineer has approved final road construction plans and sewer and water plans. 2. Sewer and water lines and the shared drive must be all located within Outlot A and shall be installed with minimal impact upon the designated wetland. 3. Applicants to provide written statement from Wayzata Fire Chief confirming road design and layout will meet emergency access needs. 4, Applicants to ma5r tain erosion control throughout the entire project until ground cover is restored. Approval is baaed on plans by Roger A. Anderson of Roger A. Anderson and Associates referred tc as "Drainage, Driveway and Erosion Control Plans & Utility Plans" for Fairway Hills Addition and as approved by the City. 5. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit for the retaining walls within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (June 10, 1992). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted heroin, and shall be punishable as a misdemeanor. Page 3 of 5 ¥ % K 7. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this day of ATTEST: r'. Dorothy M. Hallin, City Clerk Barbara A. Peterson, Mayor Property 0%imer(s) STATE OP MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this day of » Barbara A. Peterson & DorolTKyTl. Hallin, Mayor & City clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. WM-Notary Public Page 4 of 5 ■I'l K' 0 I 'pt LX; Xj!- I 'T- LVT -m. r^ 'v-r o o I.•A-:, >4 \\ &:c CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.G 7^ 7 «« * A RB8OL0TIOH GRANTIIiG FRBLIMIMART APPROVAL OP THE PLAT OF FAIRNAT HILLS ADDITION FILE NO. 1615 WHBRBASv Kenneth R. Hopkins and Gary D. Mroz (hereinafter "the a plicants") on December 28, 1990 filed a formal subdivision application with the City for approval of a two lot residential plat of property legally described in Exhibit At attached (hereinafter "the property") and; WBBRBASv after due ^^ublished and mailed notice in accordance with Minnesota Statues 462.358 et. seq. and the City of Orono Zoning and Platting Codes, the Orono Planning Cormission held a public hearing on January 22, 1991 at which time all p^jpgons desiring to be heard concerning this application were given the opportunity to speak thereon; and WBBRBAS, at their regular meeting held on February 11, 1991 the Orono City Council considered the subdivision application of the applicants, noting the following findings of fact: 1. The property is located within the RR-IB Single Family Rural Residential Zoning District requiring a minimum of 2 acres of contiguous dry buildable land within each newly created lot. 2. The property contains a total of approximately 26,3 acres. All of the proposed residential lots meet the required 2 acre dry contiguous land area, as follows: Lot 1 • 2 acres Lot 2 « 2.11 acres (1.00 wetlands) Outlet A 1.01 acres (.75 dry; .26 wet) Outlet B 20.1 acres 3. Portions of Lot 2 have been assessed a sewer and water unit and shall be served by municipal services yet retain current rural standards for development. Page 1 of 5 r- o o ^ t A L ^ A^> I '</ %*ES«0«^ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.Q 4. Lot 1 has been found to have suitable soils to support on-site sewage treatment facilities to serve current and future needs. 5. Lots 1 and 2 have been found to satisfy all rural standards of the RR-IB zoning district. 6. Outlot A has been created for the sole purpose of access. The access road within Outlot A shall serve Lots 1 and 2. Applicants shsll develop covenants for the maintenance of the road and culverts and the responsibility for maintenance of yard areas within the dry buildable portion of Outlot A and eastern portion of Lot 2. 7. Outlot B has been created to define the rtimaining portion of the property for future development. Outlot B contains no structures as of this platting and serves as open space areas consisting of the greens area of the golf course. ■OW, THBRBPORB BE IT RESOLVED, that based upon one or more of the findings noted above, the City Council of the City of Orono hereby approves the preliminary plat of Fairway Hills Addition per the survey dated December 14, 1990, revised Jf lary 22, 1991 by Raymond A. Prasch of Lot Surveys Company, ' ^ • and approves the extension of municipal water d sewer to Lot subject to the following conditions: 1. The installation of utilities and driveway within Outlot A shall be subject to the conditions set forth in the resolution approving a conditional use permit and variance for all land alterations. 2. Building permits for residential construction on both Lots 1 and 2 shall be issued by the City of Orono. Sewer and water permits shall be issued by the City of Orono for both Lots 1 and 2. The billing for sewer and water usage shall be the responsibility of the City of Orono. Based on the 1991 fee schedule, sewer connection charge for Lot 1 is $7,224.57 and a water connection charge is $3,531.18. Page 2 of 5 h ^r‘ o o nv4 K4 j >« N CITY of ORONO RESOLUTION OF THE CITY COUNCIL t'CEsHO^NO.J9 3. Building permits will :»ot e issued for new construction until the plat is granted fin-i approval and utilities are installed and the access road has been approved by the City Engineer for safe use by municipal inspection vehicles. Final utilities plans and road construction plans must be approved by the City Engineer prior to installation. The City will ask applicants to execute a developers' agreement and provide a letter of credit to cover 150% of the cost of the proposed improvements (see enclosed Developer's Agreement). 4. Applicants are hereby advised that any granting of access easements may decrease 2 acres of dry contiguous lands of Lot 2 and that the existing standards of RR-IB zoning district shall be effective even though municipal service has been provided to both Lots ] and 2. FINAL PLAT SUBMITTALS The following list of final submittals must be submitted to the Zoning Administrator two weeks prior to the regularly scheduled Council meeting on the second and fourth Mondays cf the month: A, RECORD PLAT drawings in the form of two (2) mylar copies and one (1) copy reduced to 1"«200'. Drawing to include: a) Lot lines platted per preliminary survey by Raymond A. Prasch of Lot Surveyors Company Inc. dated December 14, 1990, revised January 22, 1991. b) Dedication of "drainage and utility easements" 10' wide along all perimeter property lines and 5' each side of internal property lines. c) Designation and dedication of a drainage easement over wetlands and drainageways within Outlot A and Lot 2. d) Designation of Outlots A and B per plat drawings. Page 3 of 5 Sr r r ^.■P-.ft f'-i o o ^ \1'^ i ->• Ar CITYof ORONO RESOLUTION OF THE Cl fY COUNCIL N.'NO.29: B. LEGAL DOCUMENTS required; a) Title opinion addressed to the City. All owners, mortgage holders or others with property interest indicated therein shall sign the plat and all other documents affected by such interest. b) The applicants must provide certified copies of all recorded easements currently affecting the property. c) Signed and executed Flowage & Conservation Easement over the wetlands/drainageways within Outlet A and Lot 2. Please review sample drainage easement enclosed herewith. Please make necessary amendments to include shared driveway to be installed and maintained within designated wetland. d) Signed and executed developers' agreement and letter of credit for installation of sewer and water improvements and private driveway. Applicant to provide letter of credit at 150% of actual cost of Improvements. e) Signed and executed Access and Utilities Easement over Outlot A. If shared sewer and water lines extend beyond boundaries of Outlot A, legal description must be expanded to include this area. f) Copy of private covenants to cover ownership/maintenance of road and culverts and yard areas within Outlot A. Applicants may wish to expand to maintenance of dry land areas of Lot 2 along east boundaries. C. PEES TO BE PAID: Total Due $300.00* • a) Park dedication - Park Commission will accept park foe in lieu of lands. Rolf Erickson, City Assessor, has been asked to determine the fair market value of the lands inclusive of Lots 1 and 2 and Outlot A. Applicants to be advised as soon as Mr. Erickson has submitted his findings. Page 4 of 5 L' If**' fc? ■ / f 4 li't-r i CITY of OROXO \\w RESOLUTION OF THE CITY COUNCIL NO. 2927__________ b) Final plat fee * $150.00. c) Legal review and filing fees of $150.00. Adopted by the City Council of the City of Oron'". Minnesota at a regular meeting held this 11th day of February# 1991. Barbara A. Peterson, Mayor City Clerk STATE or MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of February, 1991, by Barbara A. Peterson 6 Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota siunicipal corporation and said instriiment was executed on behalf of the City. —, ✓ Notary Public Page 5 of 5 Exhibit A HESOL’JT T ♦4. > » ■[' Property Description PARCEL 1 (P.I.N. 01-117-23-11-0001) That part of Lot 58, Auditor's Subdivision No. 184, Hennepin County, Minnesota lying north of New State Highway No. 12. PARCEL 2 (P.I.N. 36-118-23-44-0013) The south 52.00 feet of Lot 9, BlocJc 1, ALLO —RAE TERRACE, except that part thereof taken for New State Highway No. 12. PARCEL 3 (P.I.N. 36-118-23-44-0012) Lot 8, Block 1, ALLO-RAE TERRACE PARCEL 4 (P.I.N. 36-118-23-44-0001) •' JTOi Froa: Date: Mayor Peterson and City Council Michael P. Gaffron, Asst Planning & Zorina Administrat^^^ June 3, 1991 Subject: #1639 Eleanor L. Ferril, 240 Wakefield Road - Variance - Resolution Zoning District - RR-IB single family rural residential, 2 acre, unsewered. Application - Request for setback variances to construct deck and greenhouse. List of Bxhibits - A - Resolution B - Planning Commission Minutes 5/20/91 C - Planning Commission Action Notice 5/22/91 D • Memo t Exhibits of 5/15/91 Discnssicn - Please review the memo and exnibits of May 15, 1991. Briefly# the applicant is proposing to construct a 10'x20' greenhouse with storage in a lower level. The greenhouse is proposed to be surrounded by a deck, of platform height 9* above grade. This deck height matches the decks currently attached to the house. Please review Exhibits G and J of the May 15th memo. The greenhouse structure is nearer to the street than the front line of the existing house, requiring a variance. Further, the proposed greenhouse structure is proposed to be 25* from the side lot line, which would meet the 10' side setback necessary for a detached accessory structure, however the decks surrounding the greenhouse (which are necessary for maintaining the greenhouse glass) are proposed to be located 22' from the side lot line. A 30' setback would normally be required for these decks which are continuous to the house and extend above grade high enough that they are considered an encroachment. Plan&ij»j rrmmi ssion Recoanwndation - At their May 20th meeting. Planning Commission recommended approval on a vote of 7—0, based on the following findings: A. Because the house is located more than 250' from Wakefield Road, and because there is much vegetative screening between the street and house, the greenhouse will not appear as a front yard encroachment as viewed from the street. Zoning File #1639 June 3, 1991 Page 2 of 2 B. Regarding the requested 8' side setback variance, the deck/greenhouse addition will be acnroximately 150* from the nearest affected neighbor to the southwest. There is adequate distance and screening so that this encroachment will have no signlf ivant visual impact on the visual density of the neighborhood. C. The Planning Commission generally agrees with the applicant's stated hardships and unusual property conditions, which include: 1. Other locations for this structure on the property would require extensive digging and losr of trees and wildlife h^.bitat. 2. The greenhouse structure requires a nerth/south orientation, resulting in the proposed alignment. 3. The location of the structure is limited by existing retaining walls, trees, topography and other improvements to the property. Staff Be I r—andation - Staff recommends approval per the Planning Commission recommendation. A resolution for approval is attached for Council consideration. - A RBSOLDTION GRANTING VARIAHCSS TO MUNICIPAL X0NIN6 CODE SECTION 10.03, SUBDIVISION 9 (D) AND SECTION 10.28, SUBDIVISION 5 (B) FILE #1639 WHEREAS, Eleanor L. Ferril (hereinafter "the applicant”) is the owner of the property located at 240 Wakefield Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 2, Bloc)c i, Wa)cefield Farms Second Addition, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to allow an accessory building nearer the front or street lot line than the principal building on the property; and a variance to Section 10.28, Subdivision 5 (B) to permit construction of an above^grade encroachment-type deck attached to the house and located 22* from the side lot line where a 30' side lot line setback is normally required. HOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning Pile #1639. 2. The property is located in the RR-IB Single Feunlly Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 20, 1991, and unanimously recommended approval of the proposed variances based on the following findings: A) Because the house is located more than 250* from Wakefield Road« and because there is much vegetative screening between the street and house, the greenhouse will not appear as a front yard encroachment as viewed from the street. Page 1 of 4 , >4y i#^.a if I I'”. H i: B) Regarding t ,* requested 0' side setback variance, the deck/greenhouse addition will be approximately 150* from the nearest affected neighbor to the southwest. There is adequate distance and screening so that this deck encroachm■*nt will have no significant visual impact on uhe vi. al density of the neighborhood. C) The Planning Commission generally agrees with the applicant's stated hardships and unusual property conditions, which include; i. Other locations for this structure on the property would require extensive digging and loss of trees and wildlife habitat. ii. The greenhouse structure requires a north/south orientation, resulting in the proposed alignment . iii. The exact location of the structure is limited by existing retaining walls, tree'i, topography and other improvements to the property. 4. The City Council has considered this application including the findings and recommendations of the Planning Connission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds .'.at 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 pre­ serve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 4 I f'. fe.'' r r-: K • n I l‘- CONCLDSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Mu^'icipal Zoning Code Section 10.03, Subdivision 9 (D) to allow an accessory building nearer the front or street lot line than the principal building on the property; and a variance to Section 10.28, Subdivision 5 (B) to permit construction of an above-grade encroachment-type deck attached to the house and located 22' from the side lot line where a 30' side lot line setback is normally required, subject to the following conditions: 1. Applicant is advised that any changes in plans from those submitted for this application review may require further City review. 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 10, 1992). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4« The undersigned applicant has read, understood and here­ by agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 10th day of June, 1991. ATTEST: Dorothy N. Ballin, City Clerk Barbara A. Peterson, Mayor Property Owner(s) Page 3 of 4 ■j. ■- - - - - - - - - - -A.. V- k; '•i * ' \ STATE OF MINNESOTA ) )ss. COUNTY OP HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of June, 1990, by Barbara A. Peterson & Dorothy M. Hallin, Mayor fi City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA ) Notary Public ) ss. COUNTY OP HENNEPIN ) On this day of 199 before me a Notary Public within and for said^ounty, personally appeared knoim 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. STATE OP MINNESOTA ) )ss. COUNTY OP HENNEPIN ) Notary Public On this day of 199 before me a Notary Public within and for said county, personally 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 4 of 4 CZTT OF ORONO P. O. Box 66 Crystal Bay, MM 473-7357 ZONING PILE #1639 55323 NOTICE OP PLANNING COMMISSION ACTION Date of Notice: 5/22/91 TOi Eleanor L. Perril 240 Wakefield Road Wayzata, MN 55391 COPIES TO rm OF AFFLICATIOH: Variance BMB OF iTIMGs 5/20/91 VOTE; 7 For 0 Against Planning OoMisslon re nds the following: Approval as submitted. B0TB8 ABD 8PBCIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as the City Council on Mondayr June 10» 1991; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission ninuteSf they are available from the City Recorder after review and approval by the Planning Commission. Isv ■'ll !.,» ’ !■>n-r. % k. k % j. r ■ ■r’- ri: ■'k- vl,' -K >v: ■ p; ¥■iM-: i ', .' Wi' ie. ‘ ■ If uTo:Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson FroBs Michael P. Gaffron, Asst Planning & Zoning Administrator Date:May 15, 1991 Subject: #1639 Eleanor L. Ferril - 240 Wakefield Road Variance - Public Hearing Zoning Dietrlct - RR-IB, Single family rural residential, 2 acre, unsewered Application "■ Request for setback variances to construct deck and greenhouse List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Application Letter of Request Plat Map Property Owners List Neighbor Acknowledgements Survey Survey/Site Plan Enlargement Relationship to Neighboring Properties Elevation View Plan View Construction Detail Partlnant Coda Sections 1.Section 10.03, Subdivision 9 (D), allows no accessory buildings nearer the front or street lot line than the principal building on that lot. 2.Section 10.28, Subdivision 5 (B): principal structures (and, by interpretation, above-grade encroachment-type decks attached to houses) require a 30' side yard setback. Proposed Deck Setback: 22' fartlaant Facts - 1.Applicant proposes to construct a 10' x 20' greenhouse with storage underneath, located nearer the front lot line than the existing house. Applicant further proposes to extend the deck adjacent to the house, to surround the greenhouse. This deck will be approximately 9' above grade plus a 3* railing above that, and is proposed to be located approximately 22* from the side lot line where a 30' setback would normally be required. ,■ Zoning File #1639 May 15, 1991 Page 2 2. .' i 5 :TL t- f I I f: I =■'-,N 1^ I 3. The odd angle of the greenhouse and deck is to orient it directly north/south for proper light conditions. Existing retaining walls and the location of two existing trees, have resulted in the proposed location of the greenhouse. Given somewhat unclear direction in the Code, staff had two optional ways to look at this proposal: A. If the above-grade deck and greenhouse complex was considered as being "attached" to the house, which is the visual impression one might get from looking at the continuous deck/wa 11/rai 1 ing system, then the 30* setback would apply to the entire structure. However, because the greenhouse and the residence have separate foundations, it was determined that they cannot be considered as one structure. B. Staff has therefore interpreted that the greenhouse is a separate accessory structure which must meet all accessory structure codes, and the continuous decking which is significantly above grade and does not meet the definition of a non-encroachment, must meet the principal structure setbacks. Discussion The applicant maintains extensive gardens on the property and the greenhouse is a natural extension of that activity. Please review the applicant's statsment of hardship and description of unusual property conditions. Staff would add only that the existing driveway on the south side of the house and the septic system immediately north of the house, are additional factors which suggest the proposed location may be appropriate. The only affected property owners are the Bloomers to the immediate west. The proposed greenhouse will be approximately 160* from the Bloomer residence. Extensive natural vegetation exists which may provide adequate screening so that the greenhouse and deck probably will not have a significant impact on the visual density in the neighborhood. Regarding the location of the greenhouse nearer the road than the house, please refer to Exhibit G. On this 2 acre wooded lot# with the house being 250' from the road, this structure will likely not be perceived as being out of place. Because there is approximately a 17' separation between the garage and the proposed greenhouse, staff's first inclination was to suggest to the applicants that they move the greenhouse to a point 10* from the garage, eliminating the need for any side I •V.i V V .• i,.' '\i W. '>^',t' L%-' L’-.V Zoning File #1639 May 15, 1991 Page 3 aetback variance. However, as applicant notes, this would mean cutting into the retaining wall area near the corner of the qarage. The location proposed by the applicant manages to save treea, has the desired orientation, and doesn't affect the retaining walls, hence applicant felt it was appropriate to request a variance. Staff Rai n—enilBtion If Planning Commission feels that the location of the deck and greenhouse would have no impact on neighboring properties or the visual density of the neighborhood, a recommendation for YHl^|,a]ice approval could be considered. Staff has not heard from any of the neighboring property owners regarding this application. lav 1 , / « J r ;3 rt * ■ w /. CITY OF OROMO - VARIAHCB APPLICATION 'ir' Initial Application Fee $175.00 ($50*00 per each additional variance) Renewal Variance Fee $100.00 / y (no change from original application) After-the-Fact Pees (Double application ^ 411 PROPERTY LOCATION Site Address 240 Wakefield Ror1 Orono, Minnesota 55391 36-116-23 31 0011 PfQP^];^y Identification Number (P.I.D.) _ _36-l]6»'t3 31 — Attach legal description to application if not included on required survey. 4. tv .. r ( • 4 VVIV V V* . — - I #v .n » rv APPLICANT Name Eleanor L Ferril Phone (home) 6l2-473-n‘?y^‘ v.- Phone (work)__nnnp Address! Wakefield Road Cityt Orono _________ (if different than applicant)Phone (home) Name Willian C.& Eleanor L. Ferril Address: 240 (Vakefield Road Date Property Acquired _ City: Phone (work) *~3me 473-0527 ____Zipt 55391 Inn 1982 (month/year) I (do not) also own the adjacent parcels of land. IT 08R OF PROPERTY Present Zoning District Present Use of Property Residential Other (specify) CRIFTZQM OF I > •E8T Estimated Construction Cost $ 25,.00 Describe request in detail:see attached ▼AR1ANCB8 m • *14 Lot Area Lot Width _ Hardcover Setback Variances ( % Front < Side Rear) Other HARDSHIPQggcribs undue hardship or pracwical difficulty resulting i.rom st^ic^ enforcement of zoning regulations;_ _ _ _ _—- - - - - - - - - - - - - - - - - - DESCRIPTION OP UNDSOAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements: see -iicached __________________________________________ REQUIRED SUBMITTALS ✓ 1. 2. 3. V 4. 5 IK 7» 8. Completed Application Form Certified Property Owners List of owners with-". 150' (you must obtain this list from Hennepin County Department of Finance A-603 Gcvt Center 348-3271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy eJi^xll'' for reproduction). Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8i5''xll"). Sketches or plans of floor & elevation views (provide 1 copy Sh^xll"). As an addendum to this application» please attach a separate list of any other persons you wish notified of this application. Additional items as may be requested by City staff. The Appli ant and Property Owner must sign this application. Please renember that vonr variance application is not complete if the_ not been included. AFVLIGAVT'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 correct to the best of his/her knowledge. Applicant's Signature Date y ■ /j • y/ 8IGMATURE The owner hereby ackowledges and agrees to this application and further authorises reasonable entry onto the property by City staff, consultants, agents# Commission mesd>ers, and Council members for purposes of investiga­ tion and verification of this Oim«r*0 Signature ^ C _ Date ^ -/? ■?/ Applicant must have all submittals into the City offices 25 days before the Planning Comsdssion Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants must be present at all scbedul^ rmwiev mestings of the Planning Commission and Council. If an applicant is lUMble to attend a scheduled meeting, please make arrangements to have an authorised agent attend in your place and to advise the Building s Zoning Office of this change prior to the meeting. mr.DESCRIPTION OF REQUEST I’- if-To allow a deck or car walk around a greenhouse structure and to allow that structure to si*1.0 the street than the present house and sit closer to the west lot line deck is allowed. I HARDSHIP r-'t Any other location on this property would require extensive digging and loss I of trees and other wildlife habitat. The structure being a greenhouse requiresI. I a true north setting. The deck or cat walk would be less than 36" wide and pro­ vides access for maintaiance. Cutting into the present retaining walls (flower gardens) would tend to weeken wall structure. A hickory tree stands on the south side of the proposed structure. This tree will not have leaves on it when I need the sun and could provide much needed shade in July and August. I do not wish to cut this tree, nor the spruce tree on the north side of the proposed Structure. The two trees stand 17’ apart and may remain with proper positioning. ICRIPTION OF UNUSUAL PROPERTY CONDITIONS ft-.1. The topography of the desired location of the structure allows for mini- Mm digging and no change in land patterns or drainage. 2. The front of the house is away from Wakefield Road, therefore the struc ture is truly behind the house. 3. House sits 250^^from Wakefield Road. Neighbors homes and road are not seen most of year. ir A, This is a heavily wooded lot which we wish to keep so. Shade loving evergreen trees will be planted to further conceal the structure and to give added insulation value. S. Driveway is surrounded by retaining walls that should not be disturbed. of MiMN) ♦ HN aikTi Wn/n MfCH OOf * i ♦HEItCPXN V* PNOP ADM OMCR NMC TWVAVIR NMC/AOM M s«>iia*ts SI ooos ooosa AIMMICSS UNASSXGNED N NOUHMI NAPSTAO ET AL N MONNAH NAPSTAO AM OLD lONO LAKE ( NAYZATA tfl B539I • < OtCR NAME TAXPAYER , NIME/AOOR SO SA-IIO-ES SI OOXt OOESO NAREFXELD RD PAUL RASZUCRI PAUL OASZUCKX ISO NAKEPIELO RO NAYZATA IM US91 NPAYER NMk/WIM TOTAL MTCN OOS 00009 » < I .1 i • • .1 1.- I ? • » 4 • •. I . pr'-. ! . • iim-, V } COUNTY PROPERTY INFORHATXGN SYSTEM PROPERTY OtCRS LXST S8 36-118-25 31 0010 00220 NAKEFIELD RD H S 8L00HER XXI/6 A BLOOMER HILLIAM S BLOOMER III GERALDINE A BLOOMER 220 NAKEFIELD RD NAYZATA 1*4 55S91 38 36-118-23 31 0013 00280 NAKEFIELD RD L A R JOHNSON LLOYD P A ROSALIND 6 JOHNSON 280 NAKEFIELD RO NAYZATA m 55391 38 36-118-23 39 0002 PROP MDR 00S75 NAKtFIELO RO 000S8 ADDRESS UNASSIGNEOpoMNiR mm 0 K 8 A C NARNER NAYZATA COUNTRY CLUB br'-'-TAXPAYIR DALI K A AIM C NARNER NAYZATA COUNTRY CLUB b . ^ 'c r »- * . mm/um i STS NAKEFIELD RO NAYZATA IM 55S91 « 1 BOX 151 NAYZATA m 55391 REPORT NO. PX635601 PAGE 10 38 36-118-23 31 0011 00290 NAKEFIELD RO N A E FERRIL NILLIAM A ELEANOR FERRIL 290 NAKEFIELD ROAD NAYZATA MN 55391 CJ3 38 36-118-23 31 0019 00320 NAKEFIELD RO R B EARLS A C D EARLS R BRUCE EARLS 320 NAKEFIELD RO NAYZATA FM 55391 CO 38 36 118-23 39 0008 00038 ADDRESS UNASSIGNED H NORMAN NAFSTAD ETAL H NORMAN NAFSTAD 960 OLD LONG LAKE RO NAYZATA MN 55391 X CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HErOCPIN COUNTY DEPARTMENT OF PROPERTY TAXATION, TO THE BEST OF MY KN0NLED6E AND BELIEF. DATE PROPERTY TAMTlONp Ski/} 1- U ii w ■: ■ * ■ '* * • V* P-;- to 1/ . r'** ety: 1 (w«i Ki AdjacMt rrop#rry ownart' Ac.tnowwo9«w»oc ror» .. I ^ UJ.^ oi .is^ ^’.g^ {print Addro^t)print iMMlf 11 u.. »*• »!“• <“ tb. pro~.jd o, p.opc..d „.. of th, proparty loe*to4 at KA alto roforrtd to at Land U«« tppllMtioa Vo> * f (Ml •■4»r*««n4 tb»t U aaacatlap thla acanoa I td^aaanl , I t-al aa (Mai JT .J- *.Va«I.r. .ppra.al or dloapptoa.l of th. prcp.rt, or ».. bat Miolf ta eaadx* lor tbo city Couaell that ( t-o) «a (•col »»«to o( t!laTU*UaM.VVl>aa aad that tha propoa.d h.l,hboc • proj.ct or «.. ratalraa caaaetl appraaal. ^ 4 it^ ^ijju Prop arty Mior '■iLn^ t, Data f) .i^i ^1/11 ffovarty (bmat I iMl J A«.Li - o< J(,i CJti.it/\^ kj .<*■>■ Ilil- Ti»iit aaMlall (print .ddr^ Ttlr rawllfi thO dIMIO fOr tJl# prOpOtOd loptOVO^Ot or propOftd uta of i//7h .Lo r.frr.d to a. Land Aoplieorioo Po* ' tha Ota PppliMtlM Ma ^2f- IMirol oMorOtood tbot In orocotlnf thlt ackno%i|ad9ationt. X ««•* *» Urol oot oobod to dooloro-mpproool or ditopproaai of tho proporty or uta bl?L7iirn^o^fii« for tbo City Cooocll that X (aol ao la.tl —«• tbo iaprolofioot plooo ood that tbo propoood nol9hbor't projact or uaa rofoiroo Cooooil opprootl. t fcoporty Ommt ( Ooto f' f( ■ r { f Onto Odiiroot froporry iro* AcaooMiao9<ic run XiVr/Tis: iipliootioo bo. 4ijfippliootioo bOa 4utt. , lool «-o«tood tbot,1 «ldoro^ tbor 1^..^ proporty or uto fyo»fctt»^Woo» / Z ^ / *Dotd t T:.Tr* ' Ad]3ceot Proper*./ Owners- AC.tno-roi. ^ ^ r'l » u- '{t g- ;_i—y.i L- (print addre^l 5 > .///I (we) ^ ^ (print namii( s ) 1iprint . - • • have reviewed the pians^for nhe propoMd U.a property located at • J ^ ^ Application Mo. xJ b23^' I ,we) understand that In 't^e^ (are) not asked to declare *PP^°''* Council that I (wel •" *‘'“*^*□,1 but nierel. to confirn. proposed neighbor’s project or use the improvement plans and that the P P require* Council approval. »>x **v.-y. * y f t < Property Ovner Date i Date Property Owner 3 of .y ^ I? k rf' ^ ------- --------- (print addroi^l 5 V5// (print naoe(s)J ' I (we) have reviewed the plans 5°*", l?7‘'°aVs ”o "ref erred^* to as Land Use property located at /n Krltri^Tl Application No. / I (we) understand that in ‘^*he (are) not as)ied that I (we) am (ate) aware of Jh: rmrtiv.ren?;“T,^‘’nd‘JhVt tL proposed neighbor*, project or us. require* Council approval. 1'ftt ( dUiid Property Owner Date jSfi,DateProperty Owner I£ you have any Information that may assist the ^" *'*'* "iding*** V; lUj I? i'.I r- ; ■> Ir, f-i . *■ vf -'i;: H ■SJSi V' I \ *<" ^ ?r.g.rry \ I '^Zo' ?lAloA^fi^\/£y OVB/zjLAY w [ft?-" :-n; fe::.^- &l-. -.'l Ki P' 0k ^kki L I.. tnti^ f /'a\\ o •v> I" ‘ /fV ■ ’ \\ » V;V • :V'- " ■ . ■■'’•!-; ' ^S. f c ;C']^/'-Nf'f' / Jc- I -f '/ ■' •''^ > / ,• t . I'n-' I hiun • ^ ^ o ^ IiME. M j "s* - *'-i.*- ^ •*•* '• C-* »\ Ki* *‘Mkt» Kl C'CC *. *^1 W»IM 4 1 «L«*^aajc 6*':. - ^ c,** TV# r^ii V Tx . ( ^VT / >/» !«• ri» a#i4 f ITflCMtNC* • t>*»o(TE04^«p)-a<<*a.t. TfP. H«M# ftXMMC. ro MA.TCM e ‘*'Vf''J<* — 2. <*>0 ( ^ 1 dmil (mi>lwl*^ ' V, ' / * f ^\m l> *lp ^*#^ri^<4C« t«{i.iAir«u AJC iiNiT iH ^r ^4~i>#tfr - W/ tu'c44AJI 7,. t^CK STUE>3tl - »0-»-‘*4l“_^-« »Md «ACA> KCM<V6 0^*:«Tl»4<a rt. ' / V. 1- p«^«0 Kj U^TiM^ C4^^r 4 C4te Tu 1 mm ramuu 3tl-1l A-lPUKKENPOL BUHOERS 1^ MOtlllJMKf »¥ti^MUni ^ tlOOM MMM4J0 M)m F 9€CJ^ *£rr»^*f **6 U»/gR uCVgL PUflkKJ scAiji X ni«*9V^ riu>i«» P«C<4iM4a I i o- ^ 5 «.-- - # /.w ■•H jo»^r %k ^ > *' **» 7,\ i t.i«» J l4ll. ^-yr’\ ^ i- j ; N ?« \ J l«rO — f A \ \ -•V J_.lj ._.L \ ATt*^ H n* »w.vl>c .'•«• 'V'*',. rt*v •«* k»«i •# p•'<J^ 1... \ 9 1 > •—* ' ‘\* /•‘•X I ••11 » -1 —..i_..-1 <4^ 1 ^ ' w* *- c ’ y^. NDT^I BTM Z^tO JO«:>T •A-ftVt A TY^ »T j-» PECK PKOkMIMG _______________________________ &CC«>4HPU2^ f«ortc4y<^r «*W 3*lt> i%*Oi fnc*«rb U4 a i«'oc vin«Ptf9Lir< rUAr€^ nyrt^m^ MICA rpvi /' MO 4^ gi^gt ■■!-’■ WUi» TiCA ^C4IM<. rrc- CtfPM, Pt^4UMCa t«<d ■’»1 OO'^T’ «t4>P I. »< 0 TO i-^*ft*4 4«i*,T«»4U fr 1 •*' c !;1 ') tj •■.,.) V. J ^ecTtoM Pf/A-iM -* 1 'M% I - FeM.JU 3-21-5/ PUKKENTOl aun.KRS *2^ MOtHAIMff AM NUf SOUTH • 0OOM MMM4I0 MA im Ac .v.v.pc - -i- •V-' '. - *A ,e* o H-. »■• ■•« t M4f . » 0*<^ u. I .*«M -IlKlG PLA.NJ • *. k ') (/ •tt.y A pefuiiL. PUKKENPOL BUHOCRS atoi Hami avtiajf kouth ■ aiooM MaiMJO Mims AcZ W s- m r? • Mayor Peterson and City CouncilMichael P. Gaffron, Asst Planning & Zoning Admini June 3, 1991 \SIa ject: #1642 Keith & Nola Swanson, 75 Stubbs Bay Road Noi th - <Variance - ResolutionZoning District: - RR-IA, single family rural residential, 5 acre, unsewered. Application Request for lot area, lot width and side setback variances to construct a new residence. List of Exhibits - A - Resolution B - Planning Commission Minutes 5/20/91 C - Planning Commission Action Notice 5/22/91 D “ Memo & Exhibits of 5/15/91 Discussion - Please review the memo and exhibits of May 15, 1991. Briefly, the applicants request a lot area and lot width variance to the 5 acre/300' RR-IA standards to allow demolition of the existing house and construction of a new residence on this 2 acre/204* width property. Additionally, applicants request a 10.1* side setback variance to the 50' standard, in order to maximize the separation between the alternate (future) drainfield site and the house. Applicants purchased the 1 acre parcel adjacent to their homestead lot, doubling the size of their property to 2 acres but still requiring variances to lot width and area. No other land is available for acquisition. Planning COMission Recosmendation - The Planning Commission reviewed this application at their May 20th meeting, and on a vote of 6-1, recommended approval of all three variances. Hardships noted by the Planning Commission include the following: 1. The existing house on the property has an extremely substandard side setback, being about 10' from the south side lot line. Construction of a new residence 39.9' from the side lot line will be a significant increase in conformity, as opposed to applicants' other option of adding to the existing house. V - ■ k vr.. rr n- r i t p!\. ■:’:Nn': B:-- fM. ■k » r :tf :'''■ V 4 •' f'?-' ■V Zoning File #1642 June 3, 1991 Page 2 of 2 2. Applicants have purchased the only adjacent available property and have increased their lot area to 2.006 acres and width to 204*. Applicants have further provided soil testing and septic system design information to verify that the primary and alternate drainfield sites exist on the property. The fact that there is a house on the property already is more compelling in favor of granting of the variance than if the property was vacant. 3. A residence can be constructed on the property meeting all setback requirements. However» a side setback variance is requested strictly for the purpose of maximizing the separation distance between the alternate mound drainfield site and the residence. Because the general groundwater flow of treated effluent away from mound system will be towards the house^ maximizing the separation will decrease the potential for possible wet basement problems. 4, The neighboring residence to the south is approximately 100* from the applicants' existing residence. The proposed house location with a 10* side setback variance yields a 150* separation. The new house location will tend to increase the perceived openness of the neighborhood rather than increasing the perceived density. In a minority opinion. Planning Commissioner Bellows generally opposed granting of a side setback variance in conjunction with area and width variances for a lot that is quite substandard in relation to the zoning district requiremenrs. Staff HwroT ndwtiop - Staff recommends approval per the Planning Commission recommendation. A resolution for approval is attached for Council consideration. I J r.*% . I' ^i- ► U-te; P ;■ t:r- r. I i' >k- _! ■ A RBSOLOTION GRAHTING VARIANCES TO MUNICIPAL SONING CODE SECTION 10.27, SUBDIVISION 5 (B) PILE 11642 WHEREAS, Keith and Nola Swanson (hereinafter 'the applicants") are owners of the property located at 75 Stubbs Bay Road North within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the construction of a new single family residence on a lot of aro'» 2.006 acres and lot width 204' in the RR-IA zoning district where lot area of 5.0 acres and lot width of 300* are normally required, and requesting a side yard setbaclc variance of 10.1' to allow the new residence to be constructed 39.9' from the south side lot line where a 50' side yard setback is normally required. HOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1642. 2. The property is located in the RR-IA Sinale Faunily Rural Residential Zoning District, which normally requires a lot area of 5 acres and a lot width of 300' for construction of a residence. 3. The Orono Planning Commission reviewed this application on May 20, 1991, and recommended approval of the proposed variances on a vote of 6~1 based on the following findings: A) The existing house on the property has an extremely substandard side setback, being about 10' from the south side lot line. Construction of a new residence 39.9* from the side lot line will be a significant increase in conformity, as opposed to applicants' other option of adding to the existing house. Page 1 of 4 *> . B) Applicants have purchased the only adjacent available property and have increased their lot area to 2.006 acres and width to 204'. Applicants have further provided soil testing and septic system design Information to verify that the primary and alternate drainfield sites exist on the property. The fact that there is a house on the property already is more compelling in favor of granting of the variance than if the property was vacant. C) A residence can be constructed on the property meeting all setback iequirements. However, a side setback variance is requested strictly for the purpose of maximizing the separation distance between the alternate mound drainfield site and the residence. Because the general groundwater flow of treated effluent away from mound system will be towards the house, maximizing the separation will decrease the potential for possible wet basement problems. D) The neighboring residence to the south is approximately 100' from the applicants' existing residence. The proposed house location with a 10' side setback variance yields a 150' separation. The new house location will tend to increase the perceived openness of the neighborhood rather than increasing the perceived density. 4. The City Council has considered this application Includi' j the findings and recommendatic. ; of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance swould not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 4 I CONCLOSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10,27, Subdivision 5 (B) to permit the construction of a single family residence on a property containing 2.006 acres in area and 204' in width where lot area of 5.0 acres and lot width of 300' are normally required, and further grants a variance to permit the new residence to be constructed 39.9' from the south side lot line where a 50' setback is normally required, subject to the following conditions: 1. The alternate drainfield site and all areas within 20' of that drainfield site shall be fenced prior to and during all construction activity on the property, in order to ensure that such site, which is located in an area that could potentially be damaged by construction traffic, remains undisturbed. 2. Any changes in plans from those presented during this application review may be subject to further review by the City. 3. Removal of the existing residence shall occur in the timely manner as prescribed by Zoning ode Section 10.03, Subdivision 7. 4. Authorities granted by this varianr< r with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (June 10, 1992). 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5 I- If'' I k [■ ff'-I ■ h'I §:^ % ■p-y''".m •» • a. Adopted by the Orono City Council on this 10th day of Jane» 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 10th day of June, 1990, by Barbara A. Peterson & Dorothy M. Hallin, Mayor 6 City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of 5 i ' t r i. I ,Tv: \p. fe P'- k^>Ir i-S: r S'- i: k' I. I;- I- Im STATE OP MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of 199 before me a Notary Public within and for said county, personally appeared _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _^,_ _ _ _ __ _ _ _ _ _ _ known to me to be the person(s) described in and who executed the foregoing Instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. STATE OF MINNESOTA ) Notary Public ) ss. COUNTY OF HENNEPIN ) On this day of 199 before me a Notary Public within and for said county, personally appeared known to me to be the person(s) described in and who executed the foregoing Instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 5 of 5 CITY OF OROMO ZONING PILE #1642 P. O. Box 66 Crystal Bay* NN 473-7357 55323 NOTICE OF PLANNING COMMISSION ACTION Date of Notice: 5/22/91 TO:Keith & Nola Swanson 75 Stubbs Bay Road North Maple Plain, MN 55359 COPIES TO: TTPB OF APPLICATION: Variance DATE OF TING: 5/20/91 VOTE: 6 For 1 Against Planning Cosnd.8sion reconsiends the following Approval as submitted. MOTBS AMD SPECIAL CONDITIONS: Applicant's next scheduled meeting is confirmed as the City Council on Monday, June 10, 1991; meeting starts at 7:00 p.m. If you desire certified copies of the official Planning Commission minutes, they are available from the City Recorder after review and approval by the Planning Commission. Isv I H- f t r. [-■ |/> i 1^, % ■.fIr i t- f ■ y- !■' f:%I % A fV :^.- It.' ^:.- r''' _iV fV- ^': >V ** i''' V h /O Tot Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson /■ Front Michael P. Gaffron, Asst Planning & Zoning Administrator Datet Subjectt May 15, 1991 #1642 Keith & Nola Swanson, 75 Stubbs Bay Read North Variance - Public Hearing Zoning District - RR-IA, Single fam.ily rural residential, 5 acre, unsewered Application - Request for lot area, lot width, and side setback variances to construct a new residence List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Application Plat Map Property Owners List Survey Survey Compilation Showing Neighboring Property Septic Design Layout Hardship Statement Adjacent Property Owner Acknowledgements House Plans Pertinent Code Sections - Section 10.27, Subdivision 5 (B) Required lot area: 5 acres Required lot width: 300' Required side yard: 50' Pertinent Facts - 1.In 1988 the applicant purchased the residence at 75 Stubbs Bay Road North, with lot size approximately 1.1 acre. This winter, the applicants purchased the vacant parcel next door C*95" Stubbs Bay Road North), bringing their total acreage to approximately 2.0 acres. 2.The applicant proposes to construct a new residence on the property to replace the existing house. In order to do so, he is requesting the following variances: A. Lot area: Required - 5.0 acres: Existing - 2.006 acres. Lot width: Required - 300': Existing - 204', as measured along Stubbs Bay Road at the 100' front setback line. Side setback: Required - 50': Proposed - 39.9' (The existing house is about 10' from the south side lot line and just over 50' from the street lot line.) B. C. I Zoning File #1642 May 15, 1991 Page 2 3.The hardship stateirent provided by the applicant indicates that, regarding lot area, he has purchased the only available adjacent vacant land and no other land is available. Septic testing confirms that the only feasible drainfield sites are mostly within the newly purchased property. Regarding lot width, the applicant notes that the lot is long and narrow. The defined front lot line has historically, and will continue to be, along Stubbs Bay Road, where the driveway is located. 4.The 10' side setback variance is requested specifically at the suggestion of staff, to provide more of a buffer between the alternate drainfield site and the proposed house location. While placing the house at the 50' setback would still leave a 25* setback from the alternate site (meeting the minimum 20* septic-to-house setback required by code), the mound site is uphill from the house and has a slope of 10%. Because treated effluent from this mound would generally run underground towards the house, any additional buffer zone between the mound and house will help to reduce the potential for any additional groundwater impact on the basement . Discussion The lot area and width for this property are fixed, and can't be expanded to meet the 300'/5 acre standards of the RR-lA zone. The fact that there is an existing house on the property and that the existing house has extremely substandard setbacks compared to the 5 acre zone standards, may put this application in a better light than if the property was currently vacant. This property was not zoned until 1957, when the "Residual" zoning district was created with no designated lot size or width limitations. Subsequent ordinances required lot sizes of minimum 1 acre and 140* width, until the 1975 rezoning changed this to a 5 acre zone. It should be noted that this property is directly across the street from the RR-IB, 2 acre zone. Septic System Pijcussion Regarding the septic system, the existing house has a 30 year old functional but substandard septic system. Two new drainfield sites have been tested and systems have been designed for each. Both those sites approach the slope limitations for the type of system proposed. I i iV' V )■' Zoning File #1642 May 15, 1991 Page 3 The westerly site (prirr.ary) contains a I5» slope and is 8uitable for a trench drainfield. The Orono Septic Code requires that for slopes of 12“18%f soil conditions must be carefully evaluated to ensure that no horizontal layering of soils will lead to side hill seepage. The applicant's site evaluator has performed a number of borings to depths of 6-8', and is recommending that while there is little likelihood of side hill seepage due to layering, there is some groundwater uphi 1 1 from the system that should be intercepted by a curtain drain. The drainfield proposal meets all required setbacks from lot lines. The other unique feature of this system is the need to pump over a distance of approximately 220', requiring a slightly larger than norma 1 pump. The alternate site, requiring a mound, is near the front of the lot and uphill from the house. With a slope of 10% and Average perc rate 15 minutes per inch or faster, this site meets criteria Orono has historically used for mound systems. The design submitted meets all setback and design criteria per the State of Minnesota Sewage Treatment Systems Standards, Chapter 7080. Orono's Code has always been somewhat ambiguous regarding the maximum allowable slope for mounds, and staff has in the past tried to limit mounds to slopes of no more than 6-8% wherever possible. State Code would allow mounds on slopes of 12% or even steeper if the area of the mound is increased. Staff has taken the position that where slopes exceed 6%, mound systems have a potential for affecting or being affected by structures or barriers immediately downslope. We therefore attempt to increase the separation between the downhill toe of the mound and any structures or driveways, to more than the minimum 20’ required setback. This extra setback allows more undisturbed area at the toe of the mound for expansion of the absorption area and reducing the potential for compaction or barriers to affect the mound. For the above reasons, it is staff's recommendation that a 10' side setback variance for the Swanson residence be allowed, leaving a 35' alternate drainfield setback from the house rather than 25' if no variance is granted. Setback Variance Effect on Neighborhood The other issue to discuss regarding uhe house setback variance, is the orientation of the house, the functional front and rear yards of the house, and whether the 10' variance will have a significant effect on neighboring properties. In a small lot situation, i.e. quarter acre lots, often the orientation of houses on corner lots leaves one resident's busy backyard i- l: V- & !v t f!.^ f?- •ff‘ h Zoning File #1642 May 15r 1991 Page 4 adjacent to his neighbor's quiet side yard. Exhibit E indicates the location of the neighboring residence to the south of the Swanson'Sr and while Swanson's proposed southerly yard may or may not function as a backyard, the topography at both sites suggests that even if the neighboring house was replaced, it would not move so far downhill as to place its side yard in Swanson's rear yard. Also, the existing separation between houses is about 100'. The proposed house location with a 10' variance yields a 150' separation. The new house location actually may tend to increase the perceived openness of the neighborhood. As designed, the house could meet all setbacks except for a 2* portion of the entry portico which would have to be cut back or eliminated if a variance was not allowed. Certainly the hardship for a setback variance is not in the design of the house, but in the quest for reducing potential impacts of and to the alternate drainfield site should it ever be needed. Staff Recof ndation If the Planning Commission deter*nines that the hardship of no additional available land is valid, then the lot width and area variances could be recommended for approval. Regarding the setback variance, staff would suggest that if Planning Commission determines there will be no negative impact on the neighborhood by allowing a 10' side setback variance such a variance will allow for a better alternate drainfield site for possible future use. Isv - k-r ■i . - /' ‘ t A*- 'a ii St' I ■v B- - !' I' ^'■ 'r/^. f-- CITY OP ORONO - VARIANCE APPLICATIC r^-,J^4 7t ^\^z - r^ ♦ ^ ^ 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 ;..v . •. s PIWPBRW LOCAMOH /tV' Site Address y?‘'X u ■ » .o V* - . .« t , . * * j V - - -V Jy oj Property Identification Number (P.I.D.) 3^ ~ Attach legal description to application if not included on required survey. - w. ■ • APPLICANT Name ^ ^ Phone (home) 3* ^ Phone (wor)c) S~ Address OWNER (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. 7RBSBHT USB OF PROPERTY ^ /P ^ / /L Present Zoning District A /\ ~/P* Present Use of Property //j 7^-'Residential Other (specify) DBSCRIPTION OF RBQUBST Estimated Construction Cost % / Describe request in detail: ^ c A—<_ 7'IT —------------------------------—-— VMIIANCBS RBQOIRED Lot Area X Lot Width Hardcover Setback Variances (Front X_ Side Rear) Other ■t HARDSHIP Describe undue hardship cr practical difficulty resulting from strict enforcement of zoning regulations:_________________________________________ DESCRIPTION OP UNOSDAL PROPERTY CONDITIONS Describe unusual property conditions preventing compliance with Zoning Code Requirements .4 -4 / <///" c:^ 2. 3. 4. REQUIRED SUBMITTALS 1, Completed Application Form ' ^ Certified Property Owners List of owners within 150* {you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-1271). Plat Map (obtained with property owners list). Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8h"xll" for reproduction). Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8i«'*xll"). S)cetches or plans of floor & elevation views (provide 1 copy 8>?''xll*'). As tn addendum to this application, please attach a separate list of any <ther 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 yoor variance application is not complete if the above information has not been included. APPLICANT'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 correct to the best of his/her )cnowledge. Applicant ' s Signature „Date ^ ^^9'/ ONHBRS SIGNATURE The owner hereby ac)cowledges ind 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 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 review meetings of the Planning Coassission and Council. If an applicant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place ar * to advise the Building & Zoning Office of this change prior to the meeti St ■■ '■ .." <(; ' ff ’ fr !* :•liM MTf OS/W«l‘* • ;•if:•~v if". I'.U..» •.MTCH eot ■ j' '■?h : ♦ w . '»V i" .• *5 /• ■' li M «>os IN ' IC MHP MOR ‘ ti 0S760 , lUTEItTQM .i jOMCR NMC Vt CATNARUC A CMH £^^A»AV1« ?•[ CA'. •«»€ A CMH ■ a. H------ HATBim»tl HO ♦ ________________ •[|. .|M«l«/AI>Wl ‘ ‘‘ 5740 MTERToiw M i r I HA7LC PLAIN HN , ' 55559 ■ ‘-■ri M■ mJ' < JO 52-110-25 19 0009 I 00095 snms oay m n •AAA KROECER RICHARD 0 MOEPfR ' .> NMC/AOOII J 95 N STUBOS BAY RD > i A HAPLC PLAIN MN >55559' PROP AOOR OMCR NAM TAXPAYER ;: » V * I ♦ n k • • - 'l* 50 52-110-25 95 0005 MOP AOOR 05500 NAnRTOKN RO ONCR NANI I SHIRLEY R FILBRANDT TAXPAYER SHIRLEY FILBRANDT NANE/AOOR . 5500 NATERTQMI RO i UMB LAKE m 55559 ; ^0 ' » : ^ '1 , •'■r » ' •. 4 ! ' > t » J i i f 1 ' '^>1 h t I I i. ;■!!? -r . • 4:-i •9 • ji 4 .f . < ' i ;!■ I-.:- - ‘:*r 'ir-- I*V . I *• » U \* • !. .. ■ r i : ^ : ^ * m i(* r i I ^/ .* I'i 11 ir ‘r^ >]' •'Hs- •U *r ‘ • Ll • I ‘•.U , 4 1 mk HEM4EP1N COUNTY PROPERTY INFORMATION SYSTEM PROPERTY P^RS LIST SO 12-110-25 59 0002 00095 STUBBS BAY RO N THE NORMAN E HALKER TRUST NORMAN E HALKER 1212 FAIRBANKS AVE N PLYMOUTH IN 96S65 50 12-118-25 59 0005 00025 STUBBS BAY RD N R 6RINLEY A K TUKUA DEM4IS M KRUMP 25 NO STUBBS DAY RD MAPLE PLAIN MN 55559 50 52-118-25 95 0009 05565 HATERTOHN RO HELOON H 0Utt4 HELOOM H DUNN 90 STUBBS DAY ROAD MAPLE PLAIN MN 55559 REPORT MO. PI915901 PAGE 5 58 52-118-25 59 0005 00075 STUBBS BAY RO N K A A N I SNANSON KEITH A A NOLA 1 SMANSON 75 STUBBS BAY RD N MAPLE PLAIN MN 55559 58 52-118-25 59 0011 05685 HATERTOMI RD J H A M L MERIOETH JOHN H A MARLA MERIOETH 5685 HATERT0494 RO MAPLE PLAIN M4 55559 TOTAL BATCH 002 00008 I CERTIFY THAT THE FACTS REPRESENTED ARE AN ACCURATE AND TRUE REPRESENTATION OF INFORMATION AS IT APPEARS THIS DATE ON THE RECORDS OF THE HENNEPIN COUmY DEPARTMENT OF PROPERTY TAXATION> TO THE BEST OF MY KNOHLEDGE AND BELIEF. DATI IPERTV TAXATION, TO TItf BES1 \ ft * F.J r-* - iy \ * *. .*■•i €'■^JlS- r r- __jgtj A I I I • -■ ^ 1^ at.. A .^.-■« p » j V2»iCkJ ) ^ w u' ' lOt. H arc ■■-."'^.*v. I' ^ I « %\ *«"• *1 ««f-r ui;s'M^««o. 'TV^le.xrv a*»‘< vvm.T-'T UOiO / p^vcn.r f*^r^Vtv^\^ at— ; __- . c ' i '.| ^ s§. rf <oo w *<***.» y /' :: --^^.il,.. .,.i ^ l.^__„ >i. Jf ■W-^ .v,/ --*^ *j 1 V'^'' V-'l^x VC sv \ ^ ’ -OPVV4^ V, '-' "* '"* ^ % V, ^ V s 1 -^Vu-4. ®M-—S%0 * \ Vi V^■^W1 , ^ ________T; tC' c. t* <f -c* VC -rv^ N*j 'arviv-cv^c:* %• cx>v4 V i- lx^€fc>L^ - ^ .1 pQ , r> ®^BfCO*ation Tests qSoH Bofvigs ®0encr. Mark Scale - r - Note IbQ system is to be constructed to meet the Mnr>esQlQ Poikjtion Control Agency Chapter 7080 Local Ordinance Nota : Check all underground utilities PROPEflTY OF M''-rW JS-L ilnirV__V-4 ^ v-< ^r< s-P TESTING INCr, L: ^tZ.Designed By iinii/2L\ PH.Ge-497'3S66 r?,r- 'I % . t';’ .* !^4W> 4T«>. • • •• • « "X. •■'. , - , • W- ♦. -V • H',- • .* V |- ■-,: ■:>■ .■■U ■ ^■r ' > '^' ' ' 1/ * * ^ ••-4-‘ -5 ,- .-r* k,v -i ^ • - * > *U-'- M-----* •f f>--a». • rf/fc ii*' l^-¥h fr-'-.' ■■ -»v i-M >[^ iOV<N. Lcj4_a<r«;» L.______ -- ^’.^-I c^ OS.-V c^d.,.^^v^ >x.c4v-»-l UvYi ^j4. purtirV>C»^ci Co^ j A<-i*^4* "H"\a-V jjCkii O.0w,\e,i<^i^ • \-o4 w’vi4K'. V^O'^SC \oC4'^*c»\ •Vo'*'^r^o0^^d \C SCv^4V> \*\ 4\>.s 'ft*- <i»;»'-* V34 cuuuui^ "A- :i\ o !>►*. c-S- \Vs4^\Ayxi. coo •(f'-1-r ... * ^ ,U'oa v>ft^ \o5^ •s\ofu-. ..... I (we) Adjacent Property Owners' Acknowl^gement Form 'print nameTs)] iprint ac-ressj have reviewed the plans for the proposed improvement or proposed use of the property located at 7.5 Si^UA also referred to as Land Use Application No. _ _ _. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of *! . '-V "the improvement plans and that the proposed neighbor's project or use Council^approval. % Date / / y//:' 'V/ Property Owner Cat9' r-If you have any informaticn that may assist the City in the review of this Land Use Application, please submit your comments to the Building & Zoning Office at least 10 days prior to the scheduled meeting date. V'’y IJ ^ i I./ •• ■a Adjacent Property Owners' Acknowledgement Form I (we) ArTILt [print name(s)J u T A A'of 1 L,0 i0r^ tcr~h>iO/'J - '^rint address j have reviewed the plans for the proposed improvement or proposed use of the property located at -7-f also referred to as Land Use Application No. _____. I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of the property or use r I (we) Adjacent Property Owners' Acknowledgement Form UA ^ /7.>-_ _of y/) aW_ - - - - - - --- - - - - - - - [print acdress][print name (s)J have reviewed the plans for the proposed improvement or proposed use of the property located at 7 T f also referred to as Land Use SC-r Application No i;’ iv & S' :1V I (we) understand that in executing this acknowledgement, I (we) am (are) not asked to declare approval or disapproval of t.he property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval. ^ _ 2 - ‘7 / Property Owner Date Propqgt 2i^ P ^ , -J- t' - ^ y Owner Date If you have any information that may assist the 'f7dinc°I thi. Land use Application, please submit your Zoning Office at least 10 days prior to the scheduled meeting da . I e'*- A %4 & Adjacent Property Oimers* Acknowledganent Porm I (w«) -VvU'. -.1 M6vi'bgn-<ot '~x' ' ‘ —turfIpri'nt nametstT -- - - - - -[print address| hava raviawad the plans for the proposed improvement or proposed use of the property located at Zf />. also referred to as Land Use Application NOa Ef/I (we) understand that in executing this acknowledgement, I (we) am r- (are) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are; aware of the improvement plans and that the proposed neighbor’s project or use requires Council approval. Property Oimer Date Property Owner Date cf; 1'^feu-r.; w. , J J ■I.V Adjacent Property Owners' Acknowledgement Form I (we) i [print name(s)j *-< S. •» /of Z S^Y (print address f: If' U $ have reviewed the plans for the proposed improvement or proposed use of the property located at f Aalso referred to as Land Use Application No I (we) understand that in executing this acknowledgement» I (we) am {^t%) not asked to declare approval or disapproval of the property or use but merely to confirm for the City Council that I (we) am (are) aware of the improvement plans and that the proposed neighbor's project or use requires Council approval Property Owner >Z-/7- 9/ Date W'k «" Property Owner Date h ■ il:'" -f-; If you have any information that may assist the City in the review of this Land Use Application, please submit your comments to the Building 6 Zoning Office at least 10 days prior to the scheduled meeting date. lA-u ti - - f's-A:*J >1' '§■ 1 fe. .. *■- J- let'- m I (we)Adjacent Property Owners' Acknowledgement Form print name(s)[print address] have reviewed the plans for the proposed improvement or proposed use of the property located at 7f als° referred to as lar.d Use Application No. _ _ _. I (we) understand that in executing this acknowledgement, I (we) am ih 'r_ .. _ 11 ~ - »■ ■!•«-» 1 ss^.s3.r» ‘ Kf •&. ;v' *rpO»*T CuCVAT^O^\ ^^v^^^4^r!N f'Lt) i ^'r.*:^^,r Rpr #i>»^~--* ^;V,* i-.C/- mmfe'.'^' mm ■' :r V ;;*! N. .. - t< ■'W |>_.gT £.C£YfcT>Ost *>.•<.*-/••»■-c* I »'!!•W i- ^ ••^.w^rrr -x-T^tTz. . r - • . ■ ';r\'»‘':.-’;■■'”■:• .-fr_:.]':». 1._____ .- I - _ I 1^-: i fc^‘ Sac- »■. ' • I'l i >-•rr. r.v • A .»«»g V!ie»Vw<g»» ‘P- ■'V - ■ • i - N N C. 4 Zl * -P^ ■i ■■iiiffclifa To:Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson % Frcn: Jeanne A. Mabusth, Building & Zoning Administr^ Date: Subject May 16# 1991 % % #1645 Albert J. Graf# 2008 Sugarwood Drive - Request to Vary From Special Development Requirements of Sugar Woods Planned Residential Development - Second Curb Cut List of Exhibits Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F - Exhibit G Exhibit H Exhibit I Applicant'8 Request Site Plan Applicant's Hardcover Fact Sheet Landscape Plan (Existing) Amended Hardcover Fact Sheet per Council Approval 11/26/90 Pages 3 and 4 of Staff Memo for Review of Lot 2, Block 2's Looped Drive Staff Memo and Exhibits 11/14/90 Sugar Woods Plat and Grading Plan Resolution #2917 Review of i^)plicatlon *■ Please review Exhibit A# the applicant reviews his reasons for seeking special consideration in requesting a second curb cut for a looped drive. He notes current curb cut is located just below a rise in the road creating a sighting problem for motorists driving west. The most pertinent finding is the fact that the placement of the island in the one-way east/west lane adjacent to the property creates access problems to and from the site. Staff remembers little discussion concerning the islands within this roaxlway# nor that there would be one-way lanes within these island areas. This traffic pattern or plan has obviously created problems for this resident. Motorists traveling eastward who wish to access the Graf site would have to turnaround in a westerly direction to use the existing access. This is a concern that will arise again for oth^r persons limited to a one way approach lane. As I recall# one of the reasons for the creation of the islands was to allow the developer the chance to save several mature trees that would have been destroyed with the road construction. It certainly is more aesthetically pleasing to see the island area filled with trees and plantings rather than black bituminous paving. The problem of this residence as with other lots that achieve access from the one-way lanes will be that Sugarwood Drive is not a one way road. Another alternative but less attractive would be the removal of these islands so that future requests for looped drives will be eliminated. I y I ' ; i., ? . Zoning File #1645 May 16f 1991 Page 2 of 2 r staff has enclosed two pages from an/^riginal staff memo written for the review of Lot 2, Block 2's'^equest for a^ looped drive. In these pages you will find quotes from the Public Works Director providing criteria/standards in the consideration of loop drives within the Sugar Woods PRD, r^ey are noted as follows: 1. Hardcover must be maintained at or below 80%. 2. 200' minimum frontage on Sugarwood Drive. The subject property has approximately 116' to 117 ’ 3. Heavily treed or placement of unique trees within front yard protected area^ loop drive used to minimize impact on existing vegetation. It is staff's understanding that a Linden tree of approximately 10" to 12" in diameter is the only tree that will be lost if roadway is installed. Qe]^)iA]^(3son also noted that such looped roads will be limited to a 12' width and that no further encroachment for turnaround puj^oses woul'* be allowed within the 50' setback area. The City has already approved a turnaround area encroachment within the 50' setback area in November of 1990. Per the previous hardcover facts and fact sheet submitted by applicant, there clearly is no hardcover problem as hardcover is maintained at approximately 50%. The real issue for this review is the problem created for a lot located on a one-way lane within the subdivision. Unfortunately, if the grading plan layout is correct, this lot may not abutt a portion of the road that is under a two-way traffic control. The difficulty with this review is that all improvements are in. In the early stages of the development of this lot, it may have been possible to look at a shared access with the lot to the immediate east. If the lot has access to the two-lane road section, staff would ask the Planning Commission to consider a second curb cut. I will consult Glenn Cook and provide clarification on this matter. This application has raised more comprehensive transportation planning Issues for the Sugarwood PRD that need to be addressed before more Intense development. Should the islands be removed? Should Sugarwood Drive be reclassified as a one-way road? If changes are not proposed from the existing traffic pattern, the City will be dealing with more requests for loop roads for at least three other properties. Please note per the directives of Resolution #2917, if applicant chooses not to appeal the Planning Commission decision, your action will be the final action for this request. r- r i. Zoning File #1645 June 5, 1991 Page 3 Additional Connents and Planning Commission Recommendation -•: IM11 Upon inspection of the site, staff confirmed that the location of the west curb cut was located within the two-way portion of Sugarwood Drive. The Planning Commission discussed the original design of the island areas and the fact that the subject island was not installed per the approved plan. The Planning Commission noted there was no discussion of a one-way lane during the review of the PRD and this condition was not noted during a recent review for Rebers Construction when the contractor sought turn-around encroachment of the 50' street setback yard. The majority of the Planning Commission felt that a single curb cut would be adequate for the property and advised applicant to install a new curb cut to the west side of the property and cease all use of the eastern access that has the sighting problem. The majority voted against two curb cuts tor the property. The minority opinion felt that the design of the road created the problems for the site and that now that the property is fully developed and an existing turn-around and drive installed that a second curb cut and drive should be allowed at limited widths. One Member of the minority opinion felt the islands should be either removed or altered. The application is presented as an appeal of a Planning Commission action. Mr. Graf asks for 'pecial consi'^eration of the Counci1. Options of Action Availab Le to Council - 1. Approve a second curb cut as requested by the applicant 2.Approve a single curb cut to property. If a curb cut is to be relocated, the Planning Commission has asked to review an amended plan at their June 17th meeting. 3.Table all action or the special request of applicant pending further review and report by staff of a more comprehensive review of the road design as it impacts adjacent lots within the island areas of Sugarwood Drive and to consider either removal or alteration of island areas or redesignation of Sugarwood Drive as a one-way road or other methods to deal with access for properties adjacent to island areas. n-.i ■V/ 'i: L •. -7 H- I ii r> I, WrPim.:f^i- i; A J .y ^ Z 'O 5- April 30, 1991 Jeanne Mahusth Building and Zone Administration P. O. Box 66 Crystal Bay, MN 55323 Dear Ms Mabusth: I am a new resident of Orono and have been a taxpayer since December 21, 1990 when we took possession of a new home we had built in Sugar Woods. I am writing to you to request what I understand to be a variance that would permit me to create a circular driveway on my property. I am requesting the variance for the following reasons: 1.1 have 2 young children under the age of 7 years. They both ride tricycles and two-wheelers with training wheels. The current access to .my home is just below a rise that inhibits the vision of motorists who are proceeding west until they clear the crest of the rise just before the current access to my property. A circular drive would provide my children access to Sugar Woods Drive well beyond the hill crest providing motorists traveling westbound adequate time to slow down and/or stop. Further, a circular drive would provide my children more surface area on which to ride their bikes without having to enter Sugar Woods Drive. 2.The current entrance to my home is directly behind an island on Sugar Woods Drive. The island divides traffic on Sugar Woods Drive and substantially narrows the road that provides access to my driveway. Further, a recently placed municipal sign directs all northwest traffic through this narrow lane. The island prevents access to my home for cars that are approaching from the west. They must turn around in a driveway or make a U-turn. A circular drive would permit access to my home from both directions. 3.In my business I frequently entenain at my home. Because I may have from 40 to 6fi people for dinner and half as many cars parked in front of my home, a circular driveway would be very useful in keeping at least half of those cars off the street and out of the narrow section of the st.'^eet that serves the entrance to my home. Parking in that section of the street I believe will effectively block it. W-' m:mm iOd)o^ t /}. My Sfit)i " ) 1. V •. « • ■1 >-irJ il mm K t r B: -t t.,.. > #'te'" t^-v: 1- •E- td - 4m l:ft '■M- p^' / ^4 ':l ^-A'.-> d- ;> .C;. \.. EiTi?/'-m-Iai-. m»: Page #2 It is for the aforementioned reasons that I would like the opportunity to present my case for a circular drive. Adding the circular drive would sacrifice four maple saplings, none more than one inch in diameter. It is my plan to replace these trees with at least 7 conifers (at the cost of $2,000.00) that would average fifteen feet in height. Further, I would be happy to review my landscape plan with you which when implemented will add hundreds of trees and plants to my homesite. Sincerely, A.^y Graf ' 2008 Sugar Woods Drive Long Lake, MN 55356 : 1 ‘. 1 t.- * 3*' I- t.. I ^K.- It. U. w.s k-. ^ V 1^/ Ir t I W M':' [^■■\ U f: ', HARDCOVER CALCULATION WORKSHEE' ScT3AC:< ZONE: (CIHCLH CNc) G-7E' 7~- Existing H ardcoves in Zone (S 50' A. H ouse B. Garage c. D riveway 0. Sidewalk )ecx h:f: F.Landscape R L-* i ^ *■>' .1?, areas underlain BY . .PLASTICh.SHEETING LENGTH - X __X X „ X _ G. Other = V 6 V,./1 S.F. WIDTH S. r . S • r • _ S.F. S.F. L' X,/V / •’ /S • r • ^ j/ S.F. 7<z<S.F. /■TV 1 S.F. S.F. :5 ^ S.F. S.F. S.F. S.F. S.F. S.F. X__S.F Total "H ardcover in Zone S.F. Total"PropBRTT Area in Zone 7<? ^ S.F. jA B — fTl 4- |Tl 6 noo -'■% t, ‘ ' >, _ • ^!r IV'i ^<^(2 O-.jU'yurt*^ 9C HARDCOVER CALCULATION WORKSHEET Proposed Hardcover - (A) (C) A. House X =» 0. . y 6 s.f. length width / X s S.f. X s s.f. X S s.f. X S3 s.f. b. Garaae X . 5r5-/s.f. r'. nrlvewav X = 9,Tf-s.f. (include area within front setback area) X =r s.f. d. Sidewalk —^X ^= //6 s.f. , •■ f."X /V II11(0••X s s.f. X !(J-1 1 ItJos.f. Deck/Pool/ Pond X s.f. f- LAndscaoe X s s.f. areas underlain X *s.f. with pervious or sheetina/ impervious X S s.f. fabric X 9 s.f. o- Other X SB s.f. X a s.f. X s s • f • TOTAL HARDCOVER - LO^^I s.f. Building Setback Area (B) Total Lot Area » (C) Building Pad Aroa *\ j j s. f • — . ^ 4 ^ ^ ^ ^ * ’‘;2 s.f. /3i VfcO » &RlUfi-rr^ Building Pad Area <43 ^ "7 60 s.f. x 80% s.f. Allowed Hardcover ------- j ■ c . .» t r t Lot 2, Block 2, Suaar Weeds April 19, 1990 Page 4 cl 5 Such loop driveways through the front street protected area are limited to a 12' width. Such lots would also not be permitted interior turnaround cul-de-sac areas that may encroach portions of the front street setback area. Driveway approaches must be 10’ from side lot lines at intersection of private road. Criteria for the encroachment __________ improvements within front street setback of other non-structure improvements l.luuu auxco. area. Regarding turnaround/interior cul-de-sac/backout aprons located within front street setback area. Encroachment allowed under the following site conditions: 1. House placed at the 50' setback line because of unigue site conditions (trees - elevations). a) backout aprons from garage areas shall be limited to a depth of 20'; b) allow portions of turnarounds within front setback area (includes either portions of a turnaround driveway or turnaround backout apron - to be based on impact of trees), staff to make final determination. Please review staff sketches. Exhibit I, that graphically depict staff's discussion. In conclusion and in consideration of the various site conditions that may exist in the Sugar Woods plat, staff would encourage the developer and contractors who develop within Sugar Woods to use shared drives where possible, employ backout turnarounds/interior cul-de-sacs within building pad where there is minimal impact on trees within front street setback area, and at last resort, seek the use of loop driveways. We would encourage the developers and contractors to contact the Public Works Director in the early stages of application for a building permit . Council Action - Direct staff to draft a resolution amending resolution #2652 that granted conditional use permit approval of a PRC providing criteria for permitted improvements encroaching front street setback area. -1. T - Lot 2, Block 2, Sugar Weeds April 19, 1990 Page 3 of 5 It should also be noted that there is no hardcover problem (review Exhibit G). This is the smallest of the buixoing pa s and it would appear that we have 3,400 square feet or additional hardcover available for the improvement of this speci-ic lot. consideration of the PUD as a whole, hardcover will not place any restrictions on additional turnarounds or looped driveways on a given lot. In reviewing this issue with the Public once again advised that in the recent amendment to Chapter 6 that discussed driveway approaches to both private and public roads, that properties were limited to one driveway approach and that loop roads were to be discouraged. This ordinance was approved in 1988. Gerhardson appreciates the concerns expressed in Pflatim's letter and made the following suggestions for criteria that could be used in determining whether a lot would qualify for a loop road: 1. 200' minimum frontage on Sugarwoods Drive. 2. Heavily treed or unique trees located within front street setback area. As there is no doubt that a loop drive limited to a minimum width of 12' and strategically placed would reduce impact on protected area. It is staff's recommendation that where safety concerns are the real consideration because of placement of lots on curves, that turnarounds on site always be preferred over loop road configuration. Chief Kilbo has advised the City aga’.nst allowing the site to be developed where only a backing out permitted. He warns that you are in violation of State law ir you don't back out into the direction of the flow of traffic. In the site plan approved by staff, the user of the property woul have to back out onto Sugarwoods Drive as no turnaround is provided on the site. General Staff Recommendation - A. Criteria for Loop Road. The loop road configuration shall be allowed within the Sugar Woods subdivision as long as th following site condition.^ exits: 1. Hardcover must be maintained at 80%. 2. 200 ’ minimum frontage on Sugarwoods Drive. 3. Heavily treed or placement of unique trees within front protected area in order to reduce impact on front street setback area. f / . •• To: From: Date: Planning Commission Chairman Kelley Orono Planning Commission Members City Administrator Bernhardson Jeanne A. Mabusth, Building £ Zoning Administrator November 14, 1990 Subject: Rebers Construction - 2008 Sugarwood Drive - Request to Encroach Front/Street Setback Area List of Exhibits Exhibit A - Applicant's Transmittal Letter Exhibit B - Site Plan Approved with Building Permit Exhibit C - Topographic Map Exhibit D - Sugarwoods Plat Exhibit E - Amended Site Plan Exhibit F - Revised Fax per Applicant's Amended Proposal Determination of Building Pad Area - Total Lot Area = 52,200 s.f. Building Setback Area = 35,000 s.f. Building Pad Area =17,200 s.f. Allowed Coverage/Hardcover = 13,760 s.f. or 80% Review of Hardcover Approved with Building Permit - House a Garage » Driveway ■ Sidewalk <=> Porch/deck ® 2,090 s.f. 884 s.f. 2,400 s.f. 154 s.f. 373 s.f. 6,201 s.f. or 45% The applicant has filed a request to encroach the 50' front street setback area t. allow a turnaround rather than having the turnaround within the front yard adjacent to the house as approved with the building permit (refer to Exhibit B and applicant's Exhibit E). The applicant notes with the amended proposal there would be a reduction of 1% of hardcover, as turnaround area has been reduced from 505 to 383 s.f. (refer to Exhibit P). Staff has asked applicant's representative to stake the proposed turnaround area within the front street setback yard in order to determine the impact on existing vegetation. Staff has made a site inspection and based on the proposed location, the revised turnaround may result in the loss of 1 or 2 young to mature trees at 10-12" diameters. Upon the staking of the area. Members will be able to confirm the type and numbers of trees required to be removed. ie;V ii, r r a ■ r Sv C-t f!;"' V. V I' i '■ $' b*. ii-. 2008 Sugarwood Drive November 14, 1990 Page 2 of 2 Options of Action - Denial, finding the hardships unacceptable; or Approval, based on the findings set forth by the applicant (i.e. hardcover reduction and impact of turnaround on front of house as approved with the building permit). Additional CcMuments and Planning Commission Recommendation - November 21, 1990 Additional Exhibits - Exhibit G - Staff's Sketch of Method of Determining Driveway Width at Time of Issuance of Building Permit Exhibit H - Staff’s Sketch of Method Set Forth by Planning Commission for Determination of Width of Driveways within Front Setback Area The Planning Commission approved applicant’s request to encroach the front street setback area based on the findings and hardships set forth by the applicant's representative. It should also be noted that upon site inspection of the turnaround area, no trees will be required to be removed. The Planning Commission did condition approval on applicant providing plantings adjacent to the turnaround area to minimize visual impact from road. The area is located within a heavily treed area, it shall be up to the applicant to determine the type of plantings that would be able to survive within a shaded environment. In other discussion, the Planning Commission advised staff that they had not met the full intent of the directives of the original PRD in their method of measuring the width of the driveway, review Exhibit G. The Planning Commission advised staff that all future driveways shall be measured parallel to the street and any driveway that angles as the subject driveway does would be subject to the approval of the City. In the future, all driveways must be aligned in a straight line from the road and any variation would require City approval. If Council concurs, the City staff will adopt the method set forth by the Planning Commission in Exhibit H. Staff will make the necessary improvements to the hardcover inventory for Lot 4, Block 1, located at 2008 Sugarwood Drive. J 2008 Sugarwood Drive November 21, 1990 Page 3 Proposed Motion: Moved by , seconded by , to approve the encroachment of a turnaround resulting in 383 s.f. of hardcover within the front street setback area where no encroachment except for a 20' wide driveway is allowed. This approval is based on the following hardships and findings: 1. There will be no loss of trees as a result of this improvement . 2. There will be a 1% overall reduction of hardcover within the property. 3, The turnaround as originally proposed, was placed within the front yard and has proven to be aesthetically unacceptable and poor site planning. •PANSPORTAUCN t\G-NEE«iNG CP.*.*. 2,'ES G*-< mn tNC /. *-•<. :*=-i • - •.? •>’: r' —y. *-. -•: y^' ‘3*« r4 TRANSMITTAL K. DATE: November 9. 1990 Ta Jeane Mabusth VIA DELIVERY Orono City Hall 1335 South Brown Road Orono. MN 55323 FROM: Bob Kost RE:Rebers - Sugar Woods ITEM(S): NO. 1 Description Site Plan for Graf Residence with Proposed Driveway Revisions PURPOSE: as you requested for your information for your approval review and return reply to sender other (see remarks) REMARKS:Jeane » Our rationale for this request is two-fold: to reduce hardcover, and to get the turn-around away from the house. 8K/am cc: 60-8912 BaBaSBaHBBBSBBi ] MMNEAPOLIS DENVER PHOENIX TUCSON ST PETERSBURG SAN DIEGO I \ ^ / ' /V / iJtSEflVE - / ^ ' f '.'''^'7 / I.' .SJ.OOO.S.F. 1 , ;Mso.s.r / / ' *b /Mo/ / \ 1-Kl ■V -1 \ .'si' /,,«»'lf®/ / > / / I I /|\ t- \ ( I . L \ \ \iS \ :f f ' \ V J S1.400.S.F. \ ^ s4J00Jir"7^4>^ ' 7 /1 ’ __________ y / ^ ■/ .1 ■» "I * MOO.S.F. } \ \\\ j \ I I I I I /■ LNj------------- ^ 3».2O 0.»J- t d 7 C / ’N >4W4>. \aft \ \ f / % ftl '/ *3»/. V li /T \ ^ ^ ^ ^ V '. \ '4?7' / ;/»<nrttAMD >92J003#. X' )liS DCS I ^ 33 33 v~. ‘ s ^ \'\'5 \.u‘- 1 1 (4)“' ? -> (3) ■ £ «/ ” f aa 51‘. C h».jt T8t. U 9 iW o — •a... ( 17) i^'WTT • >?t.. ijj- 101.OS ;j*. (16)^ .c^ « ( 15) flP.iS »?«.T- 171.04 TST^^^'^f * y 9\'\ • 9 ,1^' ‘ -r i . ♦ * 4 (25) i 4K2«I ^(27) £ i/1 /Z" —»W?4 tOD tR J*LJ9 hi 03 5 j »'.S /TvH* / *«5r r- - n ^ ------- ■ Lj p rf;?y Tw ';7.; way '2 AT a ' 'bl vd ^~ ■ VL-i.'e .i-A . . s ' • '...; 3605.65 RES ■e.: 'j. HHIVAfE / " 52-aOO-S^- / ' 15.000.SF- J ' , / ^ 40' / \-- ‘pRtSERVE ^ _ ^52.000.S.F. y _ ^ - . . r,' 10.050.S.F. WJr- Sb.200.S.f./ -1*—r—0 sj.^ooLsJ ( \ ^-4w 1‘- L--, - L. \ IMP®. ^X \ :zm \ X, t 21,400.Si'. b s^oo.sil > \. r TX ' '\l /'-■-'V'v . / \ \ U \ I ^-------------------1 - ' ■■.1 1- ■\I y \1 j \ \ 32.200.SJ. ’ \ % / \ 4- / ^11 1 \ ^ »1 ('> S. ,i'-:>-C \ r-\ '•v N w ■ \ p\ P \/ / /^i ✓ ‘ V\ — /] ,-f^' I-.*. r • ■X Ar -L V ► r cfTV" J I 1lORONC^ City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION AMENDING RESOLUTION #2652r A CONDITIONAL USE PERMIT APPROVING A PLANNED RESIDENTIAL DEVELOPMENT KNOWN AS SUGARWOODS HHERBASr Resolution #2652 dated July 10, 1989 and approved by the City Council of the City of Orono (hereinafter "Council") granted to Rebers Construction Company a conditional use permit pursuant to Municipal Zoning Code Section 10.20, Subdivision 3 (H) for a Planned Residential Development known as "Sugarwoods"; and NHERBASr Condition #1(F) on page 5 of resolution 2652 reads as follows: "F. The applicant has created a "no grading" zone/woodlands protection area within the private open space outlets (namely Outlets A and B) and the setback areas defined within each building lot. Within those areas no future owner will be allowed to remove trees in excess of 2" in diameter at 4' above grade. No grading is allowed within the protected areas. However, each residential lot may include one driveway HE 20 * w^de^ leading to the loop road. Thi£ driv eway may be graded and trees o~E any size may~lBe removed to build it. The subdivider's agreement should also define the protected areas such as the setback area of each lot and the private open space outlets" (hereinafter "condition"); and WHBRBAS, the Council has found that the strict enforcement of this condition may have a negative impact on the future residential development of a building lot or to be in conflict with the original goals and intent for the Sugar Woods, Planned Residential Development. Page 1 of 2 J 4 ;v ... 'h Y ;v-. i [■ I;;.' .V. F. I'. S'V-* r - .'■ ft- cm» OF dROwaI City of OFtOivO RESOLUTION OF THE CITY COUNCIL NO. - NOW, THBREPORB BE IT RESOLVED, that the City Council of Orono shall consider requests of a property owner or owner's ng0nti to waive or vary condition of approval as set forth above for the Sugar Woods PRD and directs the Orono staff to present such written request before the Planning Commission at their earliest upcoming meeting (third Monday of the month), and further approves an abbreviated review rrocess whereby the Planning Commission shall assume the sole responsibility of the review and final recommendation regarding these requests with the owner or owner's agent having the right of appeal before the Council of all decisions of the Planning Commission. All appeals to the Council shall be placed on the Council agendas for the following Monday meeting (fourth Monday of the month). Such i^ritten requests must be submitted to the Zoning Administrator 7 <3eys before the official Planning Commission meeting and shall include facts and information to support this request. Adopted by the City Council of the City of Orono, Minnesota, this 14th day of January, 1991. _ Barbara A. Peterson, Mayor llin. City Cleric STATE OP MTONESOTA ) )ss. COUNTY OP HENNEPIN ) The foregoing instrument was aclcnowledged before me on this 14th day of January, 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor 6 City Cleric of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. %bm!ww eouNW ■AJmAi Notary Public Page 2 of 2 '■V S-i:- 53191.1 A %/. / TO: FROM; Mayor and City Counci Mark E. Bernhardson, City Administrate Wr DATE:May 31, 1991 SUBJECT: City Administrator's Re;iqnation Attachment:A. Resignation of Mark Bernhardson as City Adiministrator Dated 5/29/91 ISSUE - Present to Council for formal acceptance the resignation oi city Administrator. INTRODUCTION - On May 29, 1991, I submitted my resignation as City Administrator effective July 28, 1991 in order to take the position of City Manager of the City of Bloomington on July 29, 1991. PROPOSED MOTION - Moved by seconded by that Counci 1 formally accept the resignation of Mark Bernhardson as City Administrator effective no later than July 28, 1 99 1 . Ayes _, Nays cc; Personnel File Department Heads » • - i / -r ^ I r*« AST • b': r/o. t: .I r V' ■( *■:•.. . ' ■ ,. "t- . .... , i'- ■; ^ ■-. r K/;-:T djTPt^/I TO:Mayor Barbara Pe.erscn CounciImember Mary Butier CounciImember Edward Callahan CounciIruember J. Diann Goecten Counciimember Gabriel Jabbour u'v 29 i«l I fc- ^ FROM:Mark E. Bernhardson, City Administrator DATE:May 29, 1991 SUBJECT: Resignation of Employment This memo is written to tender my resignation as Administrator with the City of Orono effective no _ater than 28 1991. This is submitted with very mixed fee.ings and considerable regret in having to leave the many friends and PQ]_]_eagues in Orono who nave been so supportive. Thank you very much Sincere Mar cc: Department Heads I LH- 53191./I TO: FROM: DATS: Mayor and City Council Mark E. Bernhardson, City Administrator June 5, 1991 SUBJECT: City Administrator Search Process Attachment: A. Addendum to Contract with Sathe & Associates ISSUE - Determination by Council as to undertaking the process for selection of a City Administrator. INTRODUCTION - Given the resignation of the City Administrator the City has been in contact with James Brimeyer to determino if it would be appropriate to expand his existing services from selection of a Police Chief to include the search and selection for a new City Administrator. ALTERNATIVES - 1. Amend the contract to add this to the Sathe & Associate contract. 2. Request proposals from the vendors who had responded to the Police Chief survey. 3. Choose to do in house. 4. .able for further discussion. RECOMMENDATION - If it is Council's desire to undertake the process Tn as timely a manner as possible Attachment A is presented for Council's consideration as to process and cost. PROPOSED MOTION - Moved by seconded by that Council approves the addendum to the Sathe & Associates contract to add the search for a new City Administrator as outlined in Attachment A. Ayes , Nays cc: Department Heads r r!i ■? ■___ V, 4.------------- /I June 4, 1991 Mnyor Barbara Peterson City of Orono P.O. Box 66 Crystal Bay, MN 55323 v‘ V5' H':n-'. ' 4’. I {.. ■:s :V.^, v‘.. ‘ ’•^'t '. ■ '• ; I--: I- .• ■ >' r-.' h,:- t- -. ’te- rt-?- iic p-r' * 4 L r> *t ■ I I i I I » CITY ADMINISTRATOR CITY OF ORONO, MINNESOTA A PROPOSAL SUBMITTED BY: SATHE & ASSOCIATES EXECUTIVE SEARCH 5821 CEDAR LAKE ROAD ST. LOUIS PARK, MN 55416 I ; June 4, 1991 SU4 f ■a- City of Orono Page One I. INTRODUCTION cathf a associates INC. has been in personnel recruiting since 1974 and has been IndusTV for ,oad„s..,p 400 Sothe & Associates Executive Search assists clients in the search for an selection of ^?f«fk>1X*ho e«eed client expectations. We see our role as an »«ns.on of the human resourcc efforts We’re committed to completing (.ritical statfing SL'ntTonTranVwUh^ budget. Through perfortnance. we're striving to earn a reputation that places us at the top of our profession. Reasons To Retain a Search Firm Direct Reca'niting: Our research staff will identify the most desirable candidates working in govei^nt and we lill make-dto contact with those candidates to develop fheir interest. Many organizations appreciate the value of our direct approach on their behalf. Confidentiality: We have the benefit of being able to keep your organization ’s coni identiality when approaching candidates, when this is important to you. Third Party Objectivity: AS a third party we are in a better position to advocate for you than you are for yourself. It’s much like attorneys being able to represent their clients more effectively than clients representing themselves. Profitable Time Management: Everv search properly conducted, takes scores of hours. When you ’re bus^managing your organization, the hou« you spend the hours available to your organization. Making us resp m recruiting work frees you to focus your time, energy and intelligence on serving normal business needs. t.r E I ■V ®- fA ^3-r EV,.i. 1!: A-- Pl P- ; :r- t;!i' City of Orono Page Two Efficieocy: We recruit in the marketplace daily and as such need much less time to get into action than organizations who recruit on an occasional basis. Selective Interviewing: We can recruit from among the best qualified, rather than trom the first which present themselves, i.e. we work from the top down rather than from the bottom up, which can be the case when hiring through an announcement. Commitment to Excellence: Enlightened candidates recognize tnat the investment you’ve made by hiring us is a clear statement of your commitment to continued quality growth in your organization. Most desirable candidates want to be pan ot an organization that demonstrates a willingness to invest in its future. Performance Record: We have successfully completed ‘,300 recruiting assignments. Advantages of Selecting Sathe JSt .Associates A. Sathe A Associates. Inc. has e.xtensive experience in identifying and recruiting public officials including work for a number of cities and semi-pubiic agencies B. Sathe A Associates, Inc. is committed to accurately portraying all candidates to the Council so that the Council’s satisfaction may be assured. C. Sathe A Associates, Inc. is likewise committed to accurately portraying the position to the candidates ,o prevent unrealistic expectations. D. Sathe A Associates, Inc. can conduct a cost effective search. We will maintain constant contact with the Council. We will also keep the informed as the process proceeds. E. Sathe A Associates can develop, at no extra charge, a Work Program for ^e successful candidate which outlines the expectations of the Council, the City Administrator and City staff. F. Research Staff and support personnel are assigned to each engagement on an "as needed* basis. Sathe A Associates currently has a staff of four recruiters, two research staff and three support personnel. Kvv ■ .i , r—p hr' ' 'k *' ■ City of Orono Page Three Primarv Consultant Personnel James Brimeyer Jim has twenty years of experience in public sector management and has been with Sathe & Associates Executive Search since July. 1988. Mr. Brimeyer served m publ.c . . fniir rities three as City Manager, including his last position in St. Uui"pX Minnesota (pop.’45.000), with a budget of S28 million and 230 employees. He also served in Worthington, Ohio, and Wooddale. Illinois. He began his Assistant City Manager in Park Ridge. Illinois, after obtaining a Public Administration from Northern Illinois University. His bac e or s egree i Loras College in Dubuque, Iowa. At Sathe & Associates, Inc. Mr. Brimeyer has concentrated his efforts in waiting at the top management and raid-management levels. He also pertorms <>xecutive search for private sector organizations that have a relationship _ municipalities, counties, and other public sector agencies. He has as a ro^strSegic planning and goal setting activities for several organizations, at both policy making and administrative staff levels. Mr Brimever is past President of the Ohio City Management Association He belongs to the International City Management Association, the Metropolitan Area Managemen Associauon, and the Minnesota City Management Association. He is Twi^west Chamber of Commerce and currently serves as Chair of the . S^vel^ment^omm He is Past President of the St. Louis Park Rotary and currently serves as President of the Rotary Foundation. Jim is an adjunct faculty member in the Graduate School of Public Administration at Hamline University. II. THE SEARCH PROCESS We anticipate the search for the City Administrator of the City of Orono will normally Le from two to three months (60 to 90 days) from the time we ^ the Council makes an offer. If we are allowed to confine our recruitment e^ort to the Upper Midwest or the Twin Cities Metropolitan area, we may be able to reduce th^ im fm^e. This is somewhat dependent on the ability to place the appropriate professional and trade publications, the time required ° and the availability of the Council to review consultant report and ^ interviews Because of your expressed desire to fill this position as soon as possible, have taken the liberty of preparing a tentative timetable as part of our proposa . e can further refine this after discussions with the Council. . .v;* I*'!!.’''.’" r|f f£ I :^v i*‘. t. -i- City of Orono Page Four Conducting a search involves a process that can have success or failure of an orgamcaiion. To insure success. »e imII use the . g process: i. Position Profile Durins this initial phase our consultants will meet with the Council, as a group and SX, to lea?n more about your goals and objectives We will spend the necessary time to gain a clear understanding of the organization and the type of person needed Critical factors to be determined include position responsibility and aut °tit>, rep *’,* relatioMhips- educational and experience requirements; personal and leadership qualities, management style; and the organizational environment in which the City .Administrator must function. With Council approval, we will also meet with key staff to further assess the ^hmate within which the selected candidate must operate. We would asc propose eommunitv leaders and organizations as identified by the Council. As a result of ,hese meetings we will reach an understanding of what type of personality, human chemistry, and interaction style is desired and we will draft a Position Profile. A areat deal of emphasis is placed on this critical specification analysis stage to determine content and the environment. Without this mformat.on, it .s difficult to determine how potential candidates will affect the City s ■ organizational team. Prior to meeting with the Council. leaden, we will supply a list of questions to assist the interviewees in assembling their ideas on what should be included in this job prc. -le. During the meeting with the Council, agreement will be reached concerning the number of qutSified candidates that will be interviewed before making a final decision. Once a consensus is reached on the requirements of the position and the qualifications of the ideal candidate, we will prepare a detailed Position Profile and an appropriate presentation of the opportunity and present it to the Council for approval. 2. Recruit Candidates and Place Announcements throughout the United States. In addition, we will use our research comparable organizations from which key individuals can be contacted. B^ed on the sour^availabSTto us, we will identify specific individuals w«h established patterns of accomplishment, contributions, and success. -- - -- ^ ^ I.. . I. < . I r' 5r City of Orono Page Five 3. Review Resumes and Screen Candidates 4. Candidate Evaluation and Interviews: Background individuals at their home base. Thorough, intensive, o conducted with the leading candidates by our stall. nurina these field interviews, the consultant will further assess the individual's During tnese iieia ime , .nitabilitv the Orono position and perso • qualifications, accomplishments and suitaDiiity me w «:Mt!irinn Our in-depth evaluation and appraisa. techniques wiu cover issues opirations ’ean be very helpful in assessing qualifications and potential. STardir^tly with individuals who are. or have been, m oosmons to evaluate the candidates* job performance. 5. Progress Report Son^dXThistorv: accomplishments and growth Sc5.”"Lro"r:^^ be selected for interviews in Orono. "V ■ City of Orono Page Six Assessment Sathe & Associates has on retainer a management psychologist who will conduct interviews and administer a highly developed battery or tests designed to measure motivation, managerial style, and personal compatibility. The assessment services include: Understanding the Position Profile; Testing and Interviewing (4 hours) for skills, goals, background. experiences, strengths and weaknesses; Interpretation of test/interview data; Verbal feedback and written report. The City Council will learn: Insights into strengths, weaknesses and likelihood ot success tor each linai candidate before hiring; How to best manage/work effectively with the candidate; Suggested development program to meet identified needs. The above is available at the option of the Council and subject to Council approval since the fee for this service is not part of our regular search fee. 6. Interviewing At this point Sathe & Associates, Inc. will present our list of finalists Ve will arrange a ^ •___•___ii/ttK finri Will Ce/OrQin3t0 irQVClschedule of interviews of final candidates with the Council and will coordinate travel arrangements. a period of one to two days, depending upon the desire ot the Council. One of the primary consultants will be present at each interview. Prior to these interviews, we will, if desired, provide the Council with some helpful material on interviewing techniques and will discuss the proposed procedure to be used __mriiiHinii an evaluation form and a list of questions tor '^ossiclein the selection process, including an evaluation form and use by the Council. 7. Selection After the personal interviews, we will meet with the Council to review the individual ratings and assist in determining the top candidate. The consultant will assist in this process to the extent requested by the Council. ... . r h r.-! ic '•‘. ■' ' ■!; .* i; f>'. !• >5V ,\im f- &% ■ if it' City of Orono Page Seven 8. Negotiating Compensation Package S=HSSS|Es,;r zijsr is:r:a;:;..»~i ™...~ or rejection. 9. Additional Services B We cay careful altenlion lo all circumstances arising from a job change. assUt the caJdidate’s family in making career moves and relocation adjustments. r. u ie amnirtv^d wc will follow uo With both the Council and the ^an^r l: ?n^r “a'Urhaiiion and 7 “i! Tn th"v ev^t ra/™ developed, this fo.low-up :LmcTis\n'.^ded mIdVnt™ Potential issues early in the hope that adiustments can be made, if necessary. III. WORK PROr.RAM (PERFORMANCE EVALUATION) .r ...4 K« th. r-.fv Council we agree to assist the Council and City AdministratorIf requested by the City Coun , g _ period which outlines the expectations and phone contacts. The only cost incurred for «■«“'>' “ p IV. COSTS expenses for the interview process. ^ : .t I fe' ^: -; •m: fV'. I’- m ^5' ^:-r City of Orono Page Eight V. FEE FOR SERVICE For this assignment, we propose a fee of one-fourth of the annual MeeUng with the City Council. Staff, and other individuals Development of the Position Profile Drafting Position Profile Presentation for approval Contacting sources Screening Checking references Interviews Preparation and presentation of Progress Report Schedule and coordinate candidates ’ interviews with the City Council Participating in interviews Developing compensation package Participate in negotiations Counseling Spouse relocation Development of Work Program (six months after employment Our payment policy on searches is one-third of the fee due 30 days after si8nj"8 aareemenc one-third 60 days after commencing the search: and the balance d V after the search has successfully been completed, whether the agreement is oral o en rJe ev“n. 5ie Council terminates this agreement during the search we wdl retl^n lhe progress payments to that point. The placement fee is non-refundable. Jkmes L. Brimeyer, V.P. Sathe A Associates Executive Search Mayor Barbara Peterson City of Orono ^aA<tr.AA.W/i&Lkr_.a..em<: 'f. 6/10/91 6/11/91 6/18/91 to 6/19/91 6/17/91 to 6/28/91 6/26/91 7/2/91 yiem 7/19/91 to 8/2/91 8/6/91 8/7/91 to 8/13/91 8/14/91 9/9/91 r - >S X • I r ' ^' > . • V. ft •. CITY OF ORONO CITY administrator Proposed Timetable Authorize to Proceed Prepare Announcement Council approve Announcement Place Announcement Gather Information for Profile Recruit, Screen candidates Meet with Council Review, Modify, Approve Profile Deadline for applications Interview, Screen candidates Meet with Council - Progress Report Reduce 10-12 to 5-7 Review Compensation Guidelines Background, Reference Checks Interviews - Selection Start Date SUNSET HIDGE BUSINESS PARK • 5821 CEDAR LAKE ROAD • MINNEAPOL S MINNESOTA 55416 • o12/546-2 100 • PAX 612/546-o930 m —I i ¥ I f; JV- fe*E t- ?■ I ^h t f f!'"f.- i-. itJ.: / — To: From: Date: Mayor Peterson and City Council Mark E. Bernhardson, City Ad.Tinistrator May 31, 1991 91.3 ?% 0 % Subject: Optional Sales Tax %-o Attachments - A) Hennepin County Commission Chair Derus' Letter Dated 5/28/91 B) State of Minnesota Letter Dated 5/30/91 C) Association of Metropolitan Municipalities Information Dated 5/28/91 D) Draft Resolution ISSUE - Determine if Council desires at this juncture to indicate its support, if any, to the County Board relating to the half cent optional sales tax. INTRODUCTION - In the recently concluded Legislative Session, part of the omnibus tax bill was an optional half cent sales tax by County. Commencing July 1, 1991, a 6 1/2 cent sales tax will go into effect State-wide and remain in effect until at least December 31, 1991. Each county has until July 1, 1991 to adopt a resolution as to whether it desires that half cent to continue beyond December 31, 1991. The cities then have until August 1, 1991 to determine whether they want to reverse the County's decision. If the cities representing a majority of the population in the county adopt resolutions reversing the County's decision, then it stands reversed. DISCUSSION - The adoption on the local level of the half cent sales tax would continue the City's access to what is entitled local government trust fund. This "pot of money" which is now set aside from the State's general budget is used to help fund among others the following: - Local government aids - Homestead and agricultural credit - Buy down other percentage on high-valued homes - Selected county aids. optional Sales Tax May 31, 1991 Page 2 of 3 A. Impact of monies on the City of Orono Organization - As noted in Attachment C, the City of Orono would receive about $91,000 for 1992 and possibly $260,000 in 199 3 (depending upon final formula that is to be worked out). This money is to help off-set. in Orono, the reduction in classification rate from 3 down to 2 1/2 percent in 1992 and 2% in 1 993 for any homes over $115,000. If the local option sales tax is not approved, then persons with 3% will be decreased, but the additional monies would not be put into the system and would effectively raise the tax capacity rate in Orono by just under 1 tax rate percentage for evervone in 19^2, B. Impact on Citizens in Orono - In addition to the increase of the City's local amount, failure of adoption of this at the County basis will raise the tax capacity rates of other taxing units in Hennepin County. Preliminary estimates have indicated that this increase up to 5% in property taxes for an Orono resident. C. Impact on Sales Tax - As indicated if adopted, sales tax would stay at the new 6 1/2% rate with the 2% of the monies going into local government trust fund. If, however, it is not adopted on the County level, the sales tax would then drop to 6% with the 1 1/2% between 6 and 4 1/2% still being sent to the trust fund. This money however would be distributed to cities and counties that had adopted the additional 1/2%. The trade off is really sales tax dollars for property tax dollars. The distribution is not based on sales tax collection in a community. The distribution for 1993 has not yet been set. ALTERNATIVES - 1. Adopt a resolution. 2. Amend and adopt. 3. Decline to adopt a resolution. 4. Await a County determination before taking any action. 5. Table for further discussion. RECOMMENDATION - Even though the County is requesting a resolution of support indicating the County Board will not adopt a resolution if they do not receive a majority of cities supporting, there is nothing in the law that requires the City to J fc' Optional Sales Tax May 31, 1991 Page 3 of 3 respond one way or the other. Failure of a majority of the cities represent a majority of the population of the County to adopt such a resolution may place the local option in 3eopardy for Hennepin County. If a wait-and-see attitude is taken, the City does have the option in July of reversing whatever decision the County does make. The City Council could also accept whatever decision the majority fo the other cities make in July also. If the Council desires to express it’s intent in resolution form, one way or the other. Attachment E could be available for City adoption. seconded by that Counci 1PROPOSED MOTION - Moved by _, . _ adopts Resolution #_ _ _ expressing it's position on an optional sales tax in Hennepin County to the County Board. Ayes _ _, nays fTT ]OHN E.CHAlR-'t-xN r- j.. '•, : ■ I- V ' . py Hp. P-rPLi"W0m ' ■,r. y 0 ;•■ 4p[ 'p:>\ §y V' 'i'"'m- j, ■w •” V'--. P -vV;v Boarx ) of H ennepin Count ':' C0MMis5icNERi> 2400 GOVER-NMENT center Minneapolis . Minnesota 354AT May 28, 1991 The Honorable Barbara A. Petersen Mayor of Orono P. 0. Box 66 Crystal Bay, Minnesota 55323 Dear Mayor Peterson: Governor Carlson is expected to approve an "optional" one-half cent be implemented at the county level to partially offset reductions in stace aids to local governments. This optional sales tax is to be implemented on a countv-wide basis, depending on the wishes of cities whose residents constitute a majority of the county's population. No city will be eligible to receive local government aids (LGA) if the county or the majority of the cities within the county fail to implement the local option sales tax. Within Hennepin County, cities are the primary beneficiaries of the local government and pronerty tax relief aids. Of the local government aid °»^iginally scheduled to be paid during 1991, cities were to receive ^84 2 million, and ^ County was to receive $33,500. Of the original Homestead and Agricultural Cr^it Aids (HACA) sheduled to be paid in 1991, cities within Hennepin Co^ty would have received $46 million and the County $29.2 million. Approximately 80 percent of the LGA and HACA distributed to non-school local governments in Hennepin County goes to its cities. Should Hennepin County and/c- a majority of its cities tail to enact the local option sales tax, those aids would have to be replaced with an increased property tax levy. Enclosed is Resolution 91-5-501, *vhich *^s adopted by the Hennepin County Board of Comnissioners on May 21, 1991. In this resolution, we request ^at city councils express their preference on the local option sales tax and forward a resolution to the County Board by June 11, 1991. The County imst approve or reject the one-half cent sales tax by July 1, 1991, in order .or it to take effect on January 1, 1992. If the city councils of cities in Hennepin uouncy representing a majority of the population of the County disagree with the County's position, they may, by August 1, 1991, overturn ^at decision. for the County's initial decision to reflect the wishes of the tna^ori^ of its cities, please inform us by resolution as to the wishes of your city by June 11. we look forward to working with you as efficiently as possible to resolve this issue in the best interests of the majority of our residents. ncerely, ^hn E. Derus, Chair [ennepin County Board of Commissioners Enclosure r I I- % fe.. PI »i ; k- i- F-I-' r t-F. ( m 00721 RESOLUTION NO. 31-5-501 The following resolution was offered by Commissioner Derus, seconded by Conmissioner Andrew: WHEREAS, Governor Carl so:, is expected to sign a tax bill providing that county boards may vote to enact a 1/2 cent sales tax; and that counties not levying such a tax will lose a significant amount of state funding that helps pay for state mandated programs; and WHEREAS, Cities within Hennepin County and cities and counties outside of Hennepin County will be recipients of funding as a result of the 1/2 cent sales tax levied within Hennepin County. BE IT RESOLVED, That the Hennepin County Board of Commissioners requests that the city councils vote by resolution by June 11, 1S91 requesting that the County Board enact or reject this 1/2 cent sales tax. BE IT FURTHER RESOLVED, That the city councils also be requested to express whether it would be their intent to ask for the local option if the County decided not to. Commissioner Andrew moved a substitute motion that the County Board vote to reject implementation of the 1/2 cent sales tax. The motion was seconded by Conmissioner Keefe. Chairman Derus called for a vote on the motion to substitute and there being a voice vote, ruled the motion failed. The question was on the adoption of the resolution and there were Seven YEAS and No_ _ _NAYS as follows: COUNTY OF HENNEPIN BOARD OF COUNTY COMMISSIONERS YEA NAY OTHER Peter McLaughlin Randy Johnson John Keefe Tad Jude Judy Hakowske Mark Andrew John E. Derus, Chairman RESOLUTION ADOPTED. AHEST: Clef^ offthe Coun^ Board T1AY 2 1 1991 If-' h u m'I? k-; ,' ' b?u I 5v f i: I’’ s^sLJSI STATE OF MINNESOTA DEPARTMENT OF REVENUE Local Government Services Division Mail Station 3340 St. Paul MN. 55146-3340 May 30,1991 To; Mayors of Cities and Chairs of Town Boards Your county board will be deciding by July 1, 1991 whether or not to impose a local option sales tax for 1992. This requirement results from a law passed by the 1991 state legislature. This letter: explains the provisions of the law authorizing the county board to impose a local option sales tax; explains the consequences of the board’s decision not to impose the tax; and describes the procedures city councils and town boards can follow to reverse the decision of the county board. Local Option Sales Tax Under the law, an increase in the state sales tax rate of one-half percent automatically goes Into effect July 1, 1991 and automatically expires on December 31, 1991. For the period after December 31, 1991, the law gives each county board the option of imposing a one-half percent local sales tax in the county. Thus, for the local option sale tax to take effea after December 31, 1991 each county board must act to impose the tax in the county. The county board must make its decision to impose the tax by July 1 of the year. The board must notify the Commissioner of Revenue of its decision by July 15. If the county decides to impose the tax, it will go into effect on January 1 of the next year. If it decides not to impose the tax by July 1 of this year, it will be automatically removed effective January 1, 1992. Once a board has decided to impose the tax, it remains in effect until it acts to rescind the tax - unless cities and towns or voters take aaion to rescind the tax as described below. If the county board decides to rescind the tax prior to August 1 of any year the tax is removed on July 1 of the next year. if imposed, the local option sales tax will be collected by the Department of Revenue - along with the state sales tax. All the administrative rer^uire- ments of imposing and collecting the tax - including notification or retailers — will be handled by the Department of Revenue. continued. .. AN EQUAL OPPORTUNITY EMPLOYER mi Ir- Ir;' 5>' . .• Cons6quences of not imposing the local opti n sales tax If your county decides not to impose the local option sales tax for any year, the city, town, county and special taxing district governments withm your county will not receive payment of state aids m the following year tor: • homestead and agricultural cre( i (HACA) • disparity reduction aid and attachec machinery aid • homestead and agricultural credit guarantee • supplemental homestead credit • disparity reduction credit • 25 percent of the base aid for county human service programs • local government aid and equalization aid If the local government aid to a city, town or county, or the aid for human service programs and the attached machinery aid to a county is reduced or eliminated because a county board decides not to impose the local option sales tax, counties, cities and towns are authorized to increase their le\7 limits to make up for the loss of these aids. The loss of the other aids and credits listed above is automatically made up through higher property taxes. Revenue from the local option sales tax will be deposited in a new trust account dedicated to the payment of state aid •• the local government trust fund. In addition, the law provides fer the depositing of 25 percent of the revenue raised from the six percent state sales tax rate into the fund. Reversing the decision of the county board To reverse the decision of a county board to impose or rescind the tax, the city councils and town boards of cities and towns whose pOpoiauuns make up a majority of the county's population must adopt resolutions to impose a tax rescinded by the county, or rescind a tax imposed by the count>'. Also, In cases where your county board never takes aaion to impose the tax, city councils and town boards can vote to impose it. The decision of the cities and towns affects the entire county. Cities and towns must enact their resolutions no later than August 1. The county auditor must notify the Commissioner of Revenue of the decision oi he cities and towns. In addition, beginning in 1993, voters can elea to rescind the tax imposed by their county. To rescind the tax, voters must begin by filing a petition with the county signed by at least ten percent of the voters in each city and town in the county. This requires the county to put the issue on the ballot at the next general election. To rescind the tax, a majority of the voters voting on the issue must vote to rescind. If you have questions, please call Rich Gardner of the Department's Local Government Services Division at (612) 296-3155. Sipcerely, DbirarthyVvIcClung Commissioner f't * 5; • ;■ I y* I tv >V«- r" it?; ;p. . •. & f; rC aeeociatipn of metropolitan municij^litic v BULLETIN plLj::.-. . May 28.1991 MAY 2 9 1991 TO;AMM City Officials FROM:Roger Pc*.erson, Legislative Affairs Director Vem Peterson, Executive Director Nicole Debevee, Communications/Rcscarch Director RE;1991 omnibus tax bill, computer runs Enclosed you will find a summary of the 1991 omnibus tax bill. It reviews the major changes that affect cities. The centerpiece of the tax bUl, for cities and the services they offer, is the optional half- cent sale tax. With it, property tax increases can be held to single digits because cities and counties can participate in a 2-cent dedicated revenue stream. Without it, property taxes would skyrocket and/or services would suffer because non*participation in the tax increase means non*consideration in the distribution of aid. To better illustrate whai can happen if a county board chooses not to approve the h^- cent optional sales tax, we also have enclosed computer runs for all the member cities. They show the negative impact if a county commission/ai/r to enact the optional tax. We recommend that you pass resolutions of support encouraging your county boards of commissioners to adopt the sales Ux increase for your county. If you have any comments or questions regarding the update, please direct them to Roger Peterson. DISTRIBUTION NOTICE: This Bulletin has been sent to managers/administrators and legislative contacts only. Please distribute it to mayors, city council members and others as you deem appropriate. 183 university avenue east. st. paul. minnesota 55101 (612) 22/-4008 S’ ft- u {. ^VV- •. iIl^ -a- i>v: .w L( Summary of the 1991 Omnibus Tax Bill I. Local Sales Tax Option...................................................2 n. Class rate changes........................................................3 in. Aid cuts/levy limits 1991, 1992....................................4 rV. Special levies.................... 5 V. Homestead and Agricultural Credit Aid (HACA)............5 VI. Lccai Government Trust Fund......................................5 Vn. Referenda Levy on \i ^rket Vaiue................................5 Vni. Tax Increment Financing........................................... EX. Truth in Taxation Changes............................................ X. Fiscal Disparities - Technical Changes...........................7 XI. Local Government Services Sharing and Combination Services.......................................................8 Xn. Miscellaneous Changes..............................................8 .. .1 ¥ ft**'.I' !■ If'" Overview of the 1991 omnibus tax bill The 1991 omnibus tax bill (HF1698) has many more positive features than negati ve ones for cities. On ihe up side: • The LGA/HACA cuts were less than one-tenth of the governor s original proposal; • The separation of city property tax relief fund dollars from legislative manipulation has begun with the dedication of two cents of the sales tax, part of which is adopted locally. • The third tier classification rate on homestead property is being reduced over a two-year period without the tax cost shifting to other property; • The 1991 revenue base is restored to its pre-cut level before 1992 cuts - which may be recovered by levy - are calculated; and. • The promise for 1993 levy limit repeal remains intact. On the down side: • Cities and counties will lose an additional S35 million LGA/HACA in the December 1991 payment (approximately 1.6 percent of revenue base, or equivalent to about 80 percent of the July 1991 cuts), and • The overall levy base is frozen at the 1991 pre-cut level and contains no growth factor. For comparative purposes, the total 1991-92 LGA/HACA cuts beyond the $51 million 1992 cut passed in the 1990 ta^. bill is $70 million. The governor ’s proposal was $639 million; the Senate bill was $125 million and the House bill, $25 million. I. Local Sales Tax Option City resolutiows in support of couhm ’ boards adopting local sales 1/ pnoN The Association of Metropolitan Municipalities urges member city councils to pass resolutions in support of their county boards to adopt the one-half cent sales tax by the July 1,1991, deadline. The sales tax automatically will increase to 6.5 percent for the period July 1, 1991, through Dec. 31, i991. If the one- alf percent option is not adopted, the sales tax within the county reverts to 6 percent - noi percent - and all aid is lost to the county and cities in that county's borders. Of the 6 ['orcent sales tax, the difference - or 1.5 percent - will go to the Local Government Tru t Fund as a windfall for other cities and counties. In a county not adopting the one-half cunt option, the lost aid to each unit of government may be repl. ’ by additional property tax levy. If a county boarel , to act by July 1, 1991, the governing bodies of cities and towns within the count, ^ding at least 50 percent of the county population may make the option choice for the county. It is important for cities to act quickly in support of th,.'<i* county boards to help absorb the dinicult political decision of increasing the sales tax by one-half cent r r- w L, k. f- tfr m’. The city portion of current aid or the new local government trust fund is between 75 percent and 80 percent of the total. Without city support, counties certainly will expect a greater distribution when new formulae are considered. Even if cities are willing to adopt the option, in the absence of county action, there is a very shon time between July 1 and Aug. 1, and room for error. Huge aid Iftsscs Qf tax incre ases arc ai Slake so . hesitate. (See impaci of loss on attached sheet.) A final complexity to the option is a very difficult reverse referendum to rescind the option. This would require an election to rescind the tax if a petition signed by a number equal to 10 percent of the voters in the previous election in each city and town in the county is filed with the county. n. Class rate changes The tax bill contains class rate changes for homestead property, C/I, apartments with more than three units, residential non-homestead, cabins and vac^t land. The major accomplishment is the elimination of the third t' «r homestead dassification rate over a two-year period with the subsequent tax loss being paid for by increased HACA payments. ClassificatioB 1991 1992 1993 1994 HOMESTEAD 1 percent 1st S68K market value $68K-$110K 2 percent more than SllOK 3 percent 1st $72K market value 1 percent S72K-S115K 2 percent more than S115K 2.5 percent lst$72K market value more than $72K 1 percent 2 percent 1 percent 2 percent C/I (large)4.95 percent 4.75 percent 4.65 percent 4.60 percent ATARTMENTS (four or more units) 3.6 percent 3.5 percent 3.4 percent 3.4 percent RESn>ENTUL NON-HOMESTEAD (1-3 units) 3.0 percent 2.8 pereem 2.5 percent 2.3 percent :: -v ’ l' V C abins 1st S72K market value more than $72K 2.3 percent 2.0 percent 2.0 percent 2.5 percent 2.5 percent VACA.NT LAM> 4.95 percent 4.75 percent highest and best use per zoning m. Aid cuts/levy limits 1991,1992 As earUer mentioned, the total LGAmACA cuts exceeding the culs ttoady passed is $70 million - $35 million in December 1991 and $35 million in 1992. The Lvenue Department indicated that the December 1991 aid cut is 1.6 percent of base, or about 80 percent of the July 1991 cut. {hlOTE: this is a preliminary figure.) Aid cuts m 1991 are temporary. Thus, the pre-cut 1991 certiHed levy base is restored flnuLlQ calculating aid reductions and levy for 1992. Aid cuts for 1992 wiU be $86 million; $35 million new and $51 million contained in the 1990 tax bill. These cuts are permanent and, according to the Revenue Department, amount to about 4 percent of the restored 1991 revenue base. Levy limits are very strict. By the end of the session it was clear that everyone, including the governor, wanted only single-digit overall increases. The good news is that cities and counties may levy to recover the loss of revenue due to the permanent $86 million LGA/HACA cuts for 1992. The bad news is the 3 percent inflauon for growth is The net effect of aid cuts and levy limits is that a city's levy base, aid plus levy, or total for 1992 is the same as was certified for 1991. The only difference is that the aid portion of the ’92 base will be less and the general levy portion will be more. The following chart illustrates the interaction of aid cuts and levying authority; .2.,—1.,^ ------------------- IV. Special levies j ^ j u The original House bill contained a provision limiting use of bonded debt special levy. That has been deleted from the final bill. Bonded debt remains an uncapped special levy as it has been for two decades. The only significant city change to the special levy section was the addition (roll in) of the pension special levy to the 199. base at the 1991 level without increase. V. Homestead and Agricultural Credit Aid (HACA) * One of the major concerns of legislators when discussing reduction of the class rates for high valued homes and OI property was the very large tax shift onto low valued homes and other property to replace the reduced taxable value, TOs was especially difficult because of the state's $1.1 billion shortfall. The solution became possible with adoption of the increased half cent sales tax option. The extra funds allow the state to replace on a dollar-for-dollar basis the city/county lost revenue created by the value reduction, thus prevenung an increased tax burden on other property. j .u i ♦ These payments will be made to cities in the form of HACA and tn6 hi.n»ficiarigs h# Pi»nen*llv metro cities with a great figa l Of high Va lU^ hOlllSS anH r/l nrnnwtv many of which r..rrPntlv reCPivP verv littlC LCf A OF HALA- Over the next three years. $211 million (preliminary legislative esnmatc) is budgeted to buy down the class rate reductions, of which about $175 million (or 8 percent) will be distributed to metro area cities. The sales tax increase and the 2-cent dedication to local govemmer*. both city and county - provide a connnually growing pot of money which, hopefu’ y, will make future LGA/HACA reduenons unnecessary. VL Local Government Trust Fund This fund will receive revenue from the half-cent optional sales tax plus 1.5 «nts of the current six-cent sales tax. or a total of i^o cents from the sales fund is dedicated to pay for existing non-school aid programs including LGA. HACA. disparity reduction aid, equalization aid. attached machinery aid. border city dispanty aid and a few other minor programs. There is some income maintenance u^over Ending equal to about 0.1 cent initially to balance the dedication at two cents. The fund is projected to grow at about 7 percent per year with new money allocated primarily to city/county new and existing property tax relief programs. , , r-ioi: n « Revenue is expected to be $700 million in 1991-92 (11 months). $786 million in 1992-93, $842 in 1993-94 and $898 million in 1994-95. For 1991 and 1992. the distribution will be as per current formula. For 1VV3 ana thereafter, it may change based on recommendations of a new Advisory Commission on Intergovernmental Relations (AQR). ACIR initially will have as members four city officials, three county commissioners, one town board member, five reprcsentauves. ive senators and two members of the governor s staff. Vn. Referenda Levy on Market Value All general education referenda (not including school capital bonds) and non­ school referenda (cities, towns and counties) held for taxes payable in 1993 and thereafKr vvUl be levied on the market value rather than on the net tax capacity of k .-srAv. nmnertv within the taxing jurisdiction. This provision wUl increase significantly the •mOT^of a tefeirndum levy paid by homeowners/voters as compared to Oi or rental dte cm^nt 5:1 pay ratio based on taxable value, the rano ts reduced mTl tasS on market value. Tax statements will show referenda levy payments ^ sep^ly Uvy referenda ballots must have clear, bold-faced language indtcaung ballot question, vou are voting for a property Ux increase. Th«e ^eTere^l school referenda passed in a first-class city for uxes payable Starting in 1993. K.\\ V.' r Several changes were made to the section governing Increment Financing (TIF) Most were technical in nature to correct mistakes from last year s bill. The reduction in LGAAIACA will apply only to the new area of an (ore-Aoril 30 1990) that is amended by adding a new area. A phase-in ^hedule of the idd reductions is provided for economic development distncts for manufacturing . and resea^h and development projects, which must be l^ated in ernes under 10.000 outside a metropolitan statistical area by federal law. p accomp^rf OTCT excludes equalized '.1 copper.^.,, and combination. 3. community education. 4. early chtltttood family aul 5. non-regular transportation from the calculauon of the state aid m original tax capacity of a tax increment district is based on the prior year s assessiiiSlt if cTrtificationri rtl^uested by June 30. and for the current years assessment wm “anowed to neat a parcel as occupied by a aubstan^ building for the purposes of redevelopment and district criteria, even though the parcel does not have a substandard building on it at the liine the district is established. Tliere are three condinons: • The authoritv must have removed, financed removal or entered tnto a development contiaci for the removal of the substandard building within three years demolition or removal a reso|unon finding the budding was substandard and that the parcel would be included in a TIP dtsmcK and • The original net tax capacity of the parcel will be the greater of the value befo *^'^1 in a TIP district will be paid to the authority ^er the district is decertifted if the delinquency requtred the authonty to use revenues otJre ^ tax increments to pay the district s bonds. Under the thro-ye^ knock-out nile. TI bonds must be issued for the project tn which the distnct is 1m^. Interest costs on developer financing are not prohibited by the five-year rule. PaymenB of credit enhanced bonds are not subject to the five-year rule if frorSie district where the financed activities are located and from ' ip...«i-ieni Increments may be used to pay credit enhanced bonds, even ‘f not permitted to pool increments because the requesi for cemficauon was made before 1982. r N. a U- ;-. .r; v--' If a property in a TIF district becomes tax exempt because of a default and acquisition by the authority, when that property is returned to the tax rolls its value at the tiiTie of the initial certification will be used in the original net tax capacity. Adjustments to the original net tax capacity of economic development dismcts for inflation will be made using the growth in market value rather than tax capacity, or parcels with demoUshed substandard buildings that the authority elects to treat as soil ^cupied substandard buildings, the original net tax capacity is the higher of; 1. current tax capacity or 2. the tax capacity before the demolition but at the current class ratio. Property owners who are not developers may enter into assessment agreements. Asscssrrrent agreements also may be entered into for existing properties in the TIF distnct that are not being developed. The assessment agreement may provide for increases or decreases in the minimum market value over the term of the agreement. DC. Truth in Taxation Changes * u . Several significant changes occurred in Trith in Taxation matters. Among them; • Deletion of the requirement to provide time and place of the second meeting on the initial proposed property tax notice; . . , , ^ • Requirement that an estimated percentage change in the levy be calculated as well as a total percentage change weighted in relation to each taxing authority s proportion of the total levy; ..... a • Requirement that TIF and fiscal disparities, when applicable, be stated SCD3T2ltClV* • Requirement that owners of class 4 residential rental property mail or deliver a copy of the notice to each tenant, or post a notice in a conspicuous place on the premises; • Use of business days rather than calendar days regarding publication noucc; • Exemption of cities having populations of less than 1,000 from advertising notice (they must post .notice, however); • Requirement that cities with populations between 1.000 ana 2,500 publish an advertisement that is one-eighth of a page; • Requirement that cities with populations over 2,500 publish an advertisement that is onc-fomth of a page; and, ^ , r u • Allowance of an additional levy exceeding the proposed levy if the half-cent optional sales tax is not adopted. X. Fiscal Disparities - Technical Changes Several changes were made to laws governing fiscal disparities. The technical changes: Eliminate the never-used municipal equity account and obsolete language; Permit the Metropolitan Council and the Commissioner of Revenue to make the determination that a municipality consciously excluded C/I development and. therefore. is ineligible to participate in the fiscal disparities program; • Direct that contributions will be made based on equalized market value rather than the assessor ’s stated market value; 0 Vi*'*.*,' 8 r* ‘”''“^lS'’sr*"s."paul .0 conmbu. .0 m= pool using i. 1989 valuu as ,h- base . Eliminate the "factor of two" minimum dismbuuons. and provides a phased in bf i„dex now will use d.e same population year Uta. me capacity calculation uses. vT 1 AMil rnvenunent Services Sharing and Combination Services •."irssssr-« ss-.; equal to the stan-up costs for " of cost savings and increased ^ «.<! emtsolidauon: This program provides for two or more Coopera caen/in**; for two years and then combine into a singlessrrr s:"scs2;=»ia=2»s»r«i».i»|.vv.m ...u if the merger is not accompi. -.bed per the voters. nercent dedicated A total of $1.5 million was appropriated w»v. at lea... 40 pe initially to the cooperation and combination pro gran.. Xn. Miscellaneous Changes Seies^x" extended “ X"d A surcharge of $7.50 is imposed on each contract for car. van or pick-up truck leases of 28 days or less. The so-called "Yuppie" sales taxes were not enacted. Cooperative electric assodado . are included in me set of cities may impose franchise fees, but rates are not limited as they were in House bill. I 'Ka*:-.-/. 'n' ■ tt" % A 7.5 percent surtax is imposed on 1*900 calls. The cigarette tax increases five cents per pack from 38 cents to 43 cents. (A separate health insurance biU would impose an additional tax of seven cents per pack if it is signed by the governor.) No new beer, wine or liquor taxes were enacted. Budget Reserve is set at $400 million with a first priority on excess revenues to restore it to the full $550 million. Food shelves did not get a chickadee-type checkoff, but was allocated a direct funding of $800,000 for the biennium. While the lodging tax was increased one cent for St. Paul and Winona, and the use changed for Bloomington, no general law or use change was adopted. LI IMPACT OF NOT APPROVING THE WCAL OPTION SALES TAX If a county government or city councils representing a majority of the population within a county do not approve the additional one-half cent local option sales tax, the county and all cities and special taxing jurisdictions within that county will lose all of the following state aids: LGA, HACA, equalization aid, and disparity reduction aid. An estimate of the amount of state aid that would be lost by cities in 1992 if the local option sales tax is not approved is listed in the first column. (This amount does not include county and special taxing jurisdiction aid that would also be lost.) Local governments will have the option of levying to replace aid that was lost by not approving the local option sales tax. The second and third colximns list the estimated 1992 city and total tax rate increases needed to replace all aid that would be lost by not approving the local option sales tax. EXAMPLE: CRYSTAL If the local option sales tax was not adopted in Hennepin County, the City of Crystal would lose an estimated $2,663,226 in state aid (from column one). In addition, the city tax rate in Crystal would Increase by an estimated 26.210 (from column two) and the total tax rate in Crystal would increase by an estimated 30.168 (from column three). For example, if we assume that Crystal's city tax rate was 21.000 before the loss of any state aid, the city rate would have to increase to 47.210 (21.000 + 26.210 ) after tlie loss of state aid in order to maintain the same amount of revenue. Similarly, if the total tax rate in Crystal was 120.000 before the loss of state aid, the total rate would have to increase to 150.163 (120.000 + 30.168 ) after the loss of state aid in order to maintain the same amount of revenue. Estimated increase in tax I Estimated rates that would occur r 1 state aid |local option sales tax ■; 1 to city that |is not approved 1 is lost if 1 1 local option City Total 1 sales tax is |Tax Rate Tax Rate A.M.M. Cities 1 not approved |Increase Increase ANOKA 1 $1,667,947 1 19.922 29.437 [APPLE VALLEY 1 $2,401,085 1 10.410 15.352 S-r ARDEN HILLS 1 $^7,463 1 0.224 4.540 • 1 BAYPORT 1 $x. *. !.2 1 5.079 10.659 U r BLAINE 1 $2,466,5^'- 1 15.445 25.512 \BLOOMINGTON 1•$2,915,821 (3.086 7.482 1 BROOKLYN CENTER 1 $2,837,809 1 14.175 18.340 i BROOKLYN PARK 1 $3,914,437 1 12.790 16.766 r >BURNSVILLE 1 $2,777,645 |5.949 11.044 CHAMPLIN 1 $1,186,248 1 15.540 19.241 ?•CHANHASSEN 1 $725,860 1 7.911 18.463 r K CHA5KA 1 $504,868 1 7.982 18.159 CIRCLE PINES 1 $424,391 1 22.882 32.325 COLUMBIA HEIGHTS 1 $2,815,726 1 35.279 44.820 f COON RAPIDS 1 $4,208,764 i 18.691 28.653 i .COTTAGE GROVE 1 $2,053,815 18.842 24.533 CRYSTAL 1 $2,663,226 |26.210 30.168 I li \ k:- f!'*' I ■Vr* * A.M.M. Cities I Estimated state aid to city that I is lost if 1 local option I sales tax is not approved I DAYTON OEEPHAVZN EAGAN EDEN PRAIRIE EDINA FALCON HEIGHTS FRIDUSY GOLDEN VALLEY HASTINGS HOPKINS INVER GROVE HEIGHTS KAHTOMEDI MAPLE GROVE MAPLEWOOD MENDOTA HEIGHTS MINNEAPOLIS MINNETONKA MOUND MOUNDS VIEW NEW BRIGHTON NEW HOPE NEWPORT NORTH ST P7»UL OAKDALE ORONO OSSEO PLYMOUTH PRIOR LAKE RAMSEY RICHFIELD ROBBINSDALE ROSEMOUNT ROSEVILLE SAINT ANTHONY SAINT FRANCIS SAINT LOUIS PARK SAINT PAUL SAINT PAUL PARK SAVAGE 8HAK0PEE SHOREVIEW SHOREWOOD SOUTH ST PAUL SPRING LAKE PARK SPRING PARK STILLWATER WAYZATA WEST ST PAUL WOODBONY WOODLAND I $186,257 $123,397 $1,205,080 $51,992 $242,548 $319,615 $2,404,543 $1,508,449 $2,003,713 $1,577,262 $1,173,830 $350,988 $1,859,890 $2,012,537 $277,892 $85,514,648 $1,377,371 $705,408 $886,822 $1,378,912 $1,771,394 $389,241 $888,795 , ,328,679 $91,4C0 $171,137 .389,526 , ■'35,926 $734,957 $4,768,701 $2,282,382 $797,771 $1,568,696 $425,405 $5 971 $4,419,256 $56,585,103 $600,773 $475,898 $521,894 $826,374 $253,771 $3,345,133 $369,859 $83,877 $1,559,817 $138,078 $1,932 789 $1,010,6^9 $12,4-3 Estimated increase in tax rates that would occur if local option sales tax is not approved city Total Tax Rate Tax Rate Increase Increase 9.811 12.956 2.196 6.984 2.313 7.387 0.091 4.373 0.318 4.741 12.675 15.404 12.214 21.917 6.466 10.723 27.258 31 399 11.022 15.228 7.595 12.156 9 973 15.860 7.462 11.386 7.437 11.660 2.: '8 7.412 32.484 36.663 2.330 6.703 11.996 16.137 18.863 23.222 10.058 14.200 12.612 16.671 16.239 21.965 16.796 21.016 14.840 20.995 0.708 5.465 9.367 13.370 2.816 7.153 11.989 24.466 16.605 25.133 25.969 30.268 37.918 41.893 11.165 16.141 4.922 9.177 7.683 11.778 10.920 19.441 11.624 15.822 39.659 43.288 33.978 39.595 9.336 21.250 6.263 18.175 5.065 9.362 3.358 7.874 38.007 43.042 11.468 20.995 5.114 9.281 19.382 25.128 1.673 6.170 14.955 20.048 5.58-1 11.371 0.637 5.583 Association of Meti:opoli^*nn Municipalities, 5/24/91 5- ' r-.'' kr.t -¥•* r i-'?r-> SALES TAX RESOLUTION W»*' addi t io:i 1991, an *^'3, the Minnesota State Legislature adopted an cent increase co the sales tax effective July I, WHC AS, the Legislature did this to assist themselves in solving a budget shortfall without scaling back expenditures of the State government, and WHEREAS, in order for cities and counties to forestall significant cutbacks, the counties were required by July 1 to decide through adoption of a resolution whether they would authorize a continuance of that additional 1/2 cent beyond January 1, 1992, and WHEREAS, the law provides that cities representing a majority of the population in the county could adopt resolutions in opposition to the County Board action on the issue, and WHEREAS, failure to continue the sales tax will result in only a 1/2 cent reduction ’n sales tax with the other 1 1/2 cents that are dedicated under the law for counties and cities being distributed to other counties who do continue the sales tax increase, and WHERf-, the tiilure to adopt will result in substantial increases in the county and city tax capacity rates to make up the Lost revenue, and WHEREAS, the Hennepin County Board requested resolutions of intent from the city council's in Hennepin County on which to base their decision, and WHEREAS, the Orono City Council desires to protest to the corapulsary nature of the "optional" sales tax and the sham of local accounts’ ■Iity that it implies. NOW, THEREFORE BE TT RESOLVED, that the Orono City Council protests the law by goii. on record in onrosition to the sales tax increase, fully tealiz og that failui. the 1/2 cent increase not to be sustained beyond January 1, will result in substantial property tax increases in an already onero -s property tax system in hopes of achieving real reform rath.-'r than compulsory shifting of the blame by the Legislature. - h & % fcu fr0 t i: I''t.-:. Adopted by the Orono City Council on this 10th day of Junef 1991. ATTEST:Barbara A. Peterson, Mayor Dorothy M. Hallin, City Clerk > t S:- . - To: Prom: Date: Subject Mayor Peterson and City CouiiOi* Mark E. Bernhardson, City Adninistrator June 5, 1991 Lake Use Committee ✓V53191.4 ISSUE- '/v V. xav 's^'% 1. update Council on initial Committee action. 2.Determine if Council desires to appoint additional members from the Planning Commission. 3. Update Council on LMCD’s Comprehensive Plan. INTRODUCTION - At the Council’s last meeting, three Council Members were appointed to the Lake Use Committee with the charge adopted for the Committee. DISCUSSION - Issue #1 The Committee had an organizational meeting on Tuesday, June 4, 1991 and has set a second meeting for: June 18, 1991 8:00 A.M. Lafayette Club At this meeting they will be formulating a mission statement for the group with environmental protection as the overall theme. Issue #2 The current committee members will possibly be discussing appointments of additional members of the committee at the June 10, 1991 Council meeting. Issue #3 At the May 29, 1991 meeting of the cities, general philosophy documents were adopted to serve as a basis for redraft (although Orono's was not formally adopted it was to be considered during the redraft.) The group's next meeting is 7:30 June 19, 1991 in Wayzata. f Ifti ~ryintii ^ min , ''ii\, ■ ■• t».s in<x . i'- t I 'r- rI ALTERNATIVES - 1. Accept the information 2. Appoint any additional members 3. Table for further discussion. RECOMMENDATION - It is reconunended that Council accept the information and, if appropriate, appoint additional members to the Committee from the Planning Commission. PROPOSED MOTION - Moved by seconded by that Counci1 accept the information on the initial organization activity of the Lake Use Committee and appoints _ _and _ _from the Planning ~ ■ * , naysCommission as members to the Lake Use Committee. Ayes cc:JoEllen Hurr, 930 Partenwood Road, Long Lake Jeanne A. Mabusth, Building & Zoning Administrator Michael P. Gaffron, Asst. Planning & Zoning Admin. V i.V f '.V. 4- r^;, Sf- • -5 l-1^- &tI:K ;>■ •ft :KK ■ISi,.' :|F r^ • ■ S' ■ ■r lI.I'.f='.1rN.fH i t •‘r,Ifr'I [!•? /r'.I 5j To:Mayor Peterson and City Council ®»4 Pron:Mark E. Bernhardson, City Administrator Date:May 31, 1991 Subject: Highway 12 Corridor Study %'0 >lfe Attachment - A) Hand Out Material From Citizens Concerned for Hwy 12 ISSUE- 1, Update Council regarding meeting dates on the Highway 12 Corridor. 2, Update Council on information related to elected officials meeting with the Commissioner. 3.Deletion of routes. INTRODUCTION - At the Council's last meeting they were presented with preliminary traffic forecasts regarding the Highway 12 Corridor Study. DISCUSSION Issue #1 Also jiscussed at that meeting was the meeting with the Commissicnet. This has been set for 3:00 p.m., Friday, June 7, 1991 with Council Members Butler and Goetten together with myself in attendance. It was indicated the invitation to the meeting was limited to elected officials and staff. Issue #2 As for upcoming meetings, they are as follows: Technical Committee - June 18, 1991, 1:00 P.M., Delano Citizens Committee - June 18, 1991, 4:00 P.M., Maple Plain Policy Committee - June 19, 1991, 5:00 P.M., Maple Plain Issue #3. Deletion of Routes - As indicated at the last meeting, the decision at the next meeting was what routes, if any, could be deleted which would not meet the transportation objectives. :h'< ■ ■hy. : i.. r Pi'I I m- Highway 12 Corridor Study May 31# 1991 Page 2 of 2 ALTERNATIVES - 1. 2. Accept the information. Request an update following the meeting with the Commissioner. 3. Table for further discussion issue #3 - Direction for any route deletions 1. 2. 3. Deletion of the Highway 55 route Deletion of the County Road 11 route. Deletion of other routes based on failure to meet traffic transportation objectives. 4. 5. Take no position Table for further discussion RECOMMENDATION - It is recommended that at a minimum the Highway 55 together factor of 5-7 times on north/south connectors within the City t serve either the County Road 6 or south by-pass# the City may also indicate that they do not feel that th^ose jneet transportation objectives and should therefore be deleted those portions that are within the Ci^y of Orono, This may leave portions of these routes in other com. jnities that they feel mee their objectives, free to go ahead. PROPOSED MOTION - Moved by _ _, seconded feheir represent atives on potions related to the deletion ot corridors^ based on failure to meet the transportation objectives. Ayes ___, nays ___. wr<-.- I pyiy. r-i iff- May O 9 1991 To* Mayor r-wc^r^ori anu wjronc uounoi-. ..•rinc^iis ir.r/:n*ltfre!’thrpr"oi«/irLr.in7i%nrSe^-Lfr.e^ sense of urgency to gather information and find ways to support Orono’s position as we work with MnDot. versa. Do you .nink it would make seme sense to have a few Council members who have been actively worsting witn ..nDot and Long Lake meet with us to strategise.- We believe that by working together we improve the probability of maintaining Orono's character for a long time. No aoubt you discussion of this issue. Thank you. Sincerely, Citizens Concerned for Hwy 12 , Bruce Carlson, Ann and Dodd Cosgrove and Sherokee *-se r i. X'I; '■f,' P'-'m &'r^-b N">'t',.- f ■ It?- § b L • pb- i “':. V'»' V:y :-!::inE3CT.* :z?A?.TMi::T r: • t; . A V * - 1 -• « • ^ . — - > V —* ^ ^ 1 ^ *T^-I ' • ROAD LOCE LIME ROOTS (at STOBBS BAY) (at WILLOW) (at ORONO ORCHARD) CURRENT HWY (Downtown LL) (Willow) 1 ^ ORONO ORCHARD RD BROWN RD (south of Fox) (north of Fox) WILLOW RD (Fox-Watertown) (Watertown-12) OLD CRYSTAL BAY (south of Fox) (north of Fox) FOX ST. (Crystal-Willow) (Willow-Brown) (Brown-0.Orchard) BAYSIDE (east of Tonkawa) (west of Tonkawa) WATERTOWN Num (Stubbs-Crystal) (Crystal-Willow) (Willow-Brown) /DAY ON EACH ROAD FOR D IFFERENT ROUTE CHOICES) 391 LUCS LINE **"« N3 Hvrr 12 0 33300 0 0 0 40000 0 0 0 46000 0 0 TF 18900 3100 23900 36000 18000 7500 19000 35100 100 360 80 270 1400 4410 1790 1300 1760 7850 2960 2890 110 1900 260 110 1450 N.A 2010 1880 1150 7450 1500 1440 640 200 □ 5*880 640 10 1580 720 7.30 220 1800 780 420 360 1580 '490 860 4470 1070 190 750 2870 2880 2430 »rs are not good, MnDot has cars disappearing 50 1820 1900 1730 50 N/A N/A N/A 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 1^60 oara/day on It. In 2010, Brown Rd between the Luce Line and Hwy 12 will have 7050 cars/day on it. N/A = NOT AVAILABLE» NB s NO BUILD OPTION; LL = LONG LAKE; LUCE LINE Today... FREEWAY Tomorrow ?? Do you value the serenity and quiet of the Luce Line? What impact wiV ^ parallel highway with 40,000+ vehicles a day * 4 » mpcwi have on the Luce Line? With your help working together we can -t 7 SAVE THE LUCE LINE !! What can you do? Sign the petition(8). Wnte clearly so we can send you our upcoming mailings. 2. Star your name if you wish to work on a committee. 3. a donation to support this vital effort* 4 BE pRERtBED TO HEAR FROM US SOON ON TEE NEXT STEP WE NESDTOIAKE. 5. Tklk *4*^* up with 3rour neighbors and friends. •t ' 1*.-— - *'* * ----- .. : ^ MhDot is studying three Hwy 12 upgrades through Orono and Long Lake. One of their favored routes parallels the Luce Line and "*atertowiLlUMuL • ** -------^r-c?' i". ■•* ry y -'- •'S^atov '3i£^We raiiD^'broho's official tuvn+inn of no freemv/eiroreisw^ B=aaar=—*. * ^ dfOroiib..whichiiliih^iheahinihiig^ **.rnrrr.W0.' «S^5ni£agr'cn«tfvit x>.fi ^ — i-v :* .\rf -L^». •*r • .r.% ‘; H k. •I. ”. --kr « u N • MINNESOTA DEPARTMENT OF TRANSPORTATION TRAFFIC FORCAST FOR 2010 ROAD ORONO ORCHARD RD BROWN RD (south of Fox) (north of Fox) WILLOW RD (Fox-Watertown) (Watertown-12) OLD CRYSTAL BAY (south of Fox) (north of Fox) FOX ST. (Crystal-Willow) (Willow-Brown) (Brown-0.Orchard) 420 BAYSIDE NUMBER OF CARS PER DAY FOR EACH ROUTE CHOICE ) 1991 »'s LUCE LINE NB HWY 12 100 360 80 270 1400 4410 1790 1800 1760 7850 2960 2890 110 1900 260 no 1450 N/A 2010 1880 1150 7450 1500 1440 640 200 950 880 640 10 1580 720 730 220 1800 780 420 360 1580 490 860 4470 1070 190 750 2870 2880 2430 WATERTOWN Numbers are not good. MnDot has cars disappearing (Stubbs-Crystal) 50 1820 1900 1730 (Crystal-Willow) SO N/A N/A N/A (Willow-Brown) 140 N/A N/A N/A : _ CORKENT JWY 12 COBSiDOR ----- _ (Downtown LL) iMSSfif - ,„(Willow-.TBPOO ----.-TSOO w » I' .. • a — 35TUU y w . -............. S^r^Sat'SttibbklBay'lntarseciion.-----............................................ I >■! ■grr»T!rtr ’. -. - LL ^ LONG iJiKE - '■'“2 AJ-V SiC... ^ i-'HO-BOILD omON ,----------—.^SOOTHERN-SYPASS-ROOTS — •r—«»—— • • 1 • •*« •*- ■Wii^ Siwiwai - :*vr;- ^ • - •• Jk ve^ /w ^*" r"* , “•* «V-" •-A-- ■'•^- - T .2.C— "-.'••. M • ►a • •. -•wi. > - «ai >4^' I'*. . 1 L' fr I IE-» I I i. |; I IV I jv:. KU-. % TO:Mayor and City Council %. ^46 FROM:Mark E. Bernhardson, City Administrator DATK:June 4, 1991 SUBJECT: City Communications Attachment: A. City Communications Memo Dated 5/1/91 INTRODUCTION - At the Council’s May 13, 1991 Council meeting they tabled action until the June 10th Council meeting. ' c" Ift 5151.3 TOs FROM: Mayor and City Council Mark E. Bernhardson, City Administrate^^' * DATE:May 1, 1991 SUBJECT: City Communications Attachment: A. City Communications Memo Dated 4/15/91 INTRODUCTION - At the Council’s April 22, 1991 Council meeting they tabled action on this item until the May 13, 1991 Council meeting. Please refer to the attached memo for alternatives, recommendations and proposed motion. It was suggested following the last meeting the City should currently focus on a handbook to send out with our billings and hand out a voter registration and at time of homestead application making sure it is on recycled pape.. li- ; I r'r' -V ■iit fv m- P: |fc 0 w i: r f Z: if-.' ^ ^ Z T ^ • r TO; PROM Mayor and City Council Hark E. 3ernhardson, City Administrato >Ti -V DATS April 15, 1991 SUBJECT: City Communications Attachment: A. City Communications Memo Dated V27/91 B. Draft Communications Plan/Annual Cycle ISSUE - Determine the means by which Council desires communicate with the public as to: A. Types of communications B, Frequency of those communications C. Cost invested INTRODUCTION - At the Council’s April 4, 1991 Attachment a"was presented. Council, ^iven the lateness of te evenln9 tabled this item until the April *-2, 1991 Council meeting. ALTERNATIVES Issue tl “ Types of Formats; 1. Workshops 2. Town Meetings 3. Newsletters 4. From the Council articles 5. Preliminary agendas 6. "Tonka Report" 7. Cable casting 8. Information Brochure 9. Other Issue i2 - Frequencv/Topics - Attachment B outlines the matrix ■■ r ^ J _ ^ ^ ^ vViA nAY^ usinofor"'T^tential communications plan during the next year using the various media. RECOMMENDATION - It is recommended that after Council p.^^cusses it. give direction on which means of current communication they <Sesite to continue and which new ones they would desire to implement. Further specifics will be brought back to the Council's May 13, 1991 Council meeting. PROPOSED MOTION - Moved by _, seconded by _, the Council after giving direction to staff tables further consideration until May 13, 1991. Ayes _, nays _. cc: Department Heads A 4 It- - TO: FBOM: OATS: %«a yo r sn d City Cc ur* s- - -^ 11 o «i y*ark E. Sernhardscn, City Adtiir-istratn March 27, 1991 SUBJECT: City Communications Attachment: A. City Communications Daced 3/20/9i I<5SUE - Determine the means by which Council coaSunicate with the public as to: desires to A» Types of communication- B. Frequency of those communications C. Cost invested INTMDOCTIPN - At the S?^uTl*'’J“rtfe-itirbVcc;tinaed until the ApciX 3, 1991 Council meeting. alternatives Issue #1 - Types of formats_i 1. Workshops 2. Town Meetings 3. Newsletters . , 4. From the Council articles 5. Preliminary agendas 6. "Tonka Report" 7. Cable casting 8. Information Brochure 9. Other yelrTsl", the various media. mcOMlgHPAKOtl - It ”“°””®j^g‘^oj*’cutrenr coSmuniMtiln'^It, 3l« ditiction on which means ot curtenu desire to April 22, 1991. Ayes _» Nays —. ee: Department Heads 1491. 1 TO:Mavor and City Council FROM:Mark E. Bernhardson, City Adninistratcc DATE:March 20, 1991 SUBJECT: City Communications Attachment: A. Strategic Development Issue - Communications with the Community B. Mound City Newsletter - Summer 1990 ISSUE - Determine the means by which Council desires communicate with the public as to: A. Types of communications B. Frequency of those communications C. Cost invested I^ODaCTI^^ - Tje^issue occasional Mayor's Article series. The issue has again been raised and was included as part of the strategic Development Issue document each of t.he Councilmembers has receive-. At -..e Council's March 11, 1991 Council meeting a format was presen-ad by Sherokee Use as a reaction piece for a new newsletter. DISCUSSION - Attachment A delineates the ^ ^ comuni cat ions that the City can undertake with the public. The primary means discussed recently are as follows: A. Pub lie information meetings (apart from regular Councii~meetings) A. Specific workshops focused on particular topics such as Highway 12 or facilities. B. Town Meeting - Both public input and public information format has been discussed with an initial meeting set for April 6, 1991. B. Newsletters - The City of Orono have over the years has taken various formats for newsletters. These however# have not been long lasting. The issue was discussed as an option during 1987. At issue are the following: Format Size Frequency Cost ft-’.. r I fS'r I r:. 4'- ■;"v I.' :Vr r*.• • •♦ ' ■■I City Communications March 2C^ ^991 Page 2 of 3 As you will note in Attachment A an estimate was made back in 1987 on the per mailing basis foe these. It is anticipated however the annual cost based on Mound's current newsletter are as follows: Part-time "Editor"/Assembler Printing Mailing $3,000 3,600 2, 500 $9,100 This does not include staff preparation time, which is a "no cost" figure, but in fact detracts from other issues. It is anticipated that each newsletter will probably take about 8 to 15 hours of staff time in origination and review apart from production costs. The format and frequency may have an impact on that issue. c. Newsoaoer Articles - Apart from public hearing notices and newspaper articles that are placed by the paper primarily for Council meetings the City has a previously mentioned the following means of communication : City Column - Under the old heading the Mayor's “Article which Council has requested to change to "From the Council Chambers" is a format that can be done on approximately a monthly basis generally addressing one or two topics of current interest to the public. Preliminary Agendas - This started in about 1987 the City continues to put in preliminary agendas in V '.a newspaper the weekend before each Council meeting. Council Meeting Reporting - Currently 3 reporters attend regular Council meetings. (Coverage of the Pioneer is addressed in the City Administrator's information.) D. Cable TV Tonka Report - For the past three years on a continuing basis I have participated in a City Administrators format on a monthly basis discussing what is happening in the community together with any specific topics that are common to all the communities. It is anticipated that viewership of this is fairly low, but for the few people interested it does provide an Orono presence on Cable TV. . *>4.. . V Pr:f ■ i?!- ■*i; '•'L “i- City Communications March 20, 1991 Page 3 of 3 council Mgetino Cable Casting - This issue was discussed a couple of years ago as to on a tape video taoing Council meetings and using that tape to cablecast those to the community. Based on the need for volunteers to man cameras together with the limited space in the Council Chambers this issue has been delayed with the possibility of including necessary cameras and communication in any City facility. (It may be worth exploring having the cable company fund at least a portion of any cameras and communication equipment installed at the Council Chambers for this purpose.) D. *Citv Handbooks" - Given the diversity of the Prtp miinit^y and often lack of identity, together with the fact many of the issues such as building permits, hardcover, lakeshore issues are reoccuring that undertaking a City handbook sent out to ^^li current residents and given to new residents possibly through Welcome Wagon mav make much of the reoccuring information available. Given that things do change, it would need to be periodically updated. ALTERNATIVES - Issue #1 - Types of formats; X. worksHops 2. Town Meetings 3. Newsletters 4. From the Council articles 5. Preliminary agendas 6. "Tonka Report" 7. Cable casting 8. Information Brochure 9. Other Issue #2 - Frequency/Topics - Attachment B outlines the matrix potential communications plan during the next year using the various media. 8BC0MHERDATI0N - It is recommended that after Council discusses it, give direction on which means of current communication t.hey Council's April 8, 1991 Council meeting. PROPOSED MOTION - Moved by _, seconded by _, the Council giving direction to staff tables further consideration until April 8, 1991. Ayes _, Nays _. c'-'- I" ccMMmncA'rroTS '^th t3s ccisirMiTj’ Means to orovide inioraaticn Z3 rasioencs. - Mewsoaoer coluon/Cioy ir.i-iirad - Preliminary Agendas - JIsws rslsssss - Nawslerter/Dirsct mai--ng - Regular - Special events - Cable TV - "Tonka Recoct" - Other format . - Video cast Council meetings (da-ayec video cast} * All * Selected - "Workshops"/?uhlic Informaticn Meetings on special tooics . - DisSet infociation mailings - Selected mailings to effected crcups (i.e. variances, special assessments) - video/Computer - Interactive ini-orma-ion kiosks ’(Probably not feasioia at tnis time from a cost standpoint) Current Status The City has used: a \ '**ha "Mavor Article" format on an occasional basis Jince 198?. (The last proposed article for tacllitti^, in October was not placed per Council g'j City Administrator raoni.ily appears on the joint C.) Preliminary agendas are placed in the Pioneer for the addition that comes out the Saturday berote the meeting (4:30 Tuesday deadline.) j d!) Notices of items on Planning Cosuaission and also spaeial assessments toE ) The City has used special mailings to eccect «ot»s on Mlected issues such as Stubbs Bay sewer. F.) The City anticipated use of a newsletta- form on th# fscUities to all residents prior to public G?r'»e*Stat#'ce^res the Truth in Taxation notices. Aoollcable Document(a) Public Information Memo Dated Public Information Memo Dated 8/17/aa / / latas --------------Mor-sers Mayor Graced i C----- ---------- Marie S. Bemhardson, Ci:y ^d-ir.iddrd-.sr August 1*# 198' » August Mavor^S'.no/2 valuation o. Mayor's i . public V°"Newsletter Ar—c-ea siBMSts -nr) Marketing Memo Dated 1/29/87^public infonnation and Marketing ^ n^nrtn will Ih ----------- ^ to wheeiier th« Indifferent forn. It««a« - “VrTrtrcTe'" on » =cn-.^-'-y n=r--0 ti,e ==»«n«nr./. --------- - --------- S it* monthly ’newsxet^.- - - , .„rward by eSe n. n/'“»VrV rl/; rayor-rArtici. to t: •oao* ®*5^ the format of submissio 2.es have bean submitt. ( — — — - has proven to be a *h*^ substance h. '“o/t to e“ mess.ee bei igi«s been IRiilieabed# it has — - -..^rom t: u o. «iv iSSSS .f' iM. ------ ’fSSres o/t to the ==»»f the mess.ee bei, rtii^^,S.nr-biVr/i; ti:SlJ%% « upco«in, events. T£ for tho Hayor's Article. I - tor th. Hufot'a Article. article format I y«”^%~;iV2v.ri«tirn o7rhi. b. /on. 1» Au,».t. eno "<>«?"L..!ItX^n'’2ftnfo?jniM t7; That the Mayor's 'prim’s. *’'•*neys V ' V TO:Mayor anc v-- FSOM:Marl< 3ar.nhar 0AT2:January 29, S03J5CT;Public Infor a ISSTJ2 -The issues in i 4.u<a are as follows;- THe issues in celacion to the A.of tf ^ a • 'C 3 3 i r 3 c direct Types --coinmunciaricn to comcur.--. a. The alternative neans of sc ccnCTur.icatinc C, Cost of a monthly newslet-2. .^-ooaCTION - on an occaaionai^.»ia pa« g;"; au -cStrted -ble oasTaridJitionally =r.ese ha.e be i;«nlv/ transr-ittad » ;-.a nv or -.rase ara ilao tie waytata r.ecassar r 1'/ 3®'- '='=eubscripcion papers -^-v on s sooraaa.w SSuMboid in the community. V^.^-Vr, hcwe*/er tne types or ?rf«a.\ion included l» =V'a ceneral — i;i:Scrn«ur.“nd^nit-one tnac addresses curranr aren... ^ ‘ ___ r ^ ^ ^ ^ Wfl inrocmaiiiwt* --------- --V ^o nrsCJSSION - cSSmnIcM to t.*ieit ...................s : 2nd ordinance changes - |!"iSU‘25S'”2t22ration infotsation : S2S S?« Slreciion . iHniiioant recent events ctltls.l l*«««- «Vhlr they li:<« 5° “it.T. ‘ T^dl2c*tlo«l issue. ^fVhlt VheV* ould li:<e to use this »s a oeans - aecsnt council actions and other p ";■• |:v icz i cr.s . ==:V"'.-:'-:"=r=c,rrV't:n«3':' e.at affsc; a=:2 •■■•-•■• ................ ' ' - •9r*«f ocniaticr.al Uans ,3.--— • ;f =--3 isrsc- of ’sarvicas/cpera-i^ns) . 1-4 h« ccna i“ scne'vnaa oc a ------r-„- such a focaat -g.^i a-s ail or tne --xt aonti:. Obviously tnaaar.^-- ^^^^^ ,..o. -- ti:.».elv 233 13, mr3nt ‘* obviously * ® “.-1 -., oVw ‘ i d 2 •'’. t ' f i 2<i prior to JsSuSs toI.-.= s .ay haooen:th.U oonsUacasion t..a. or. , o « *. u a ;; o u r'. c i 1 sets o st - Oisgruntla.e^: '*j';;' “■■',■3'', jp.nour.osaer.o .significanc" ioa= wi-ouc .... V . ___ a Ms ««• *;a-' •rsr. oer.dinc - Delay m ion in ;r.e ne'./sleo-.er .appcootiats ncc-.-ca^-u SUCH a TiSWS WOUsLCl CiaVQ was wgard Costs" “?rir.cing 3,300 ccoias • '■’ailinc ** 0 X 3 - printing, Lace_inc, Folding (l-3x-.- snee.) hard CDSTS SISO.33 13.30 153.33 S313.33 gatt Costa •staff pcsparation gajif ococucticn ^ ■ SOFT COSTS $30.30 53.33 sTSTTST il eocuit to ba included in a th« form Cb«nba*Mn <*«•• South Shore We«5cly» ^ia^ anUcipatsd S3.K. =•. *"• - •"■"“•■■ ____ ______^ Mcb n««*P*P«^ ^ ^ ^ the bard ?l«%Vc-?nV ’l«* «**> process. iii^ i:r i-' r Ir ib ♦ f * ^ -, ^ —. —..— •—-:“3 2S “•HtS — y — w33ns tc w-^n«-..______ ______«®.OPOSSD MOT ICII - iipiors ozzr^o C=:iauni--v ir. =r = ?rc!4L%*^e=yu.\^=fe=e k.HA I---?n*’-*tv and to nr.nc oa(-.s « - ^ m;^-'^tne ‘ ■*'3 0 5, '-..--a- crocsss. n.-as ja.s ___.nawslawoar at ti:e .93o —r-- . — a •• t^ «V -9 a p:;'m p- iii-v.'" F- - -‘r- ._- li.-. . • • 31738.: r^wr? .««■« * • • ■. • • • •*. • »• .* m-' •' • •• •• Mayor and City Council :FSCIIt M«fJc Barnhardacn, City Adtinijcratort/ w5UfiC;L i;:iST/.V5 AUC 22 1523 % - - wT/ OF OROliQWIIW • —,- wwat AUfluat 17, 1998 S2e5^.'sBBJ*r: ?ubllc tntarsatian - N.rk.tlng/Svalattion Mayof. ■CW^I V. --------- * *' * ‘ ' .r ■ ‘ ■ :fe?Attachii«iit: ■ A. Public Infocaatlon Dactd a/17/8r_ . V . . .. Vt: >35Qg • S«« attac.leda . r. - -......... *■* --------- *:! - : , -•’•r- - ••Ci---,- ^ ' ... wp*?^^^^-raj8wti/infTi^‘"Tnyi • j*ar t*!© 3A3C s#v€nteen Aonchs thA City hAS on d - r4mr j«7a Tcen^rally «ontfily) had an arricla publialtad one o?tha l^ai papara. The articles **hen submitted to always been published in the pioneer, however, we^^->V.j,.- always hirt^^^^ Wayxata Weekly Mews •SI £!2Iult o£ sMce liiltacions. In addition the City has since- 7'4^Qptexlaaeely the first of the year on a regular basis. pubilshed-^^TS^,^ . JgJ™J55'*niry agenda far t.he upcoming CaunciL oeeting..- t.. •••I ».« • • V " ;?VbVb 1^ do®Ton‘^V%nT^ .sobetantially more time commitment by 5*--..f- .• *,mrnt • ..•• . .... a* •« d«ie. iV*‘* !• Continue with the monthly for.mat. —......... .', ; •S-v .ii.Ssr.;'- -T-:.-.. . y r.y' .. - N • 2. Table awaiting further input from the COTOunity^on th^^ y=:J-.-a*tlclee. - -■' •'•• ■•- ■• • a • • .* .'t . • * !^V 3.- .0Bderta»te to budget for a more - t . **i . . . - ■ a. ^ ' *r3SM#Mik.- .... * ** a. ,■ >1. _ 11 t roraax n»w»^a^^wt ^ ^ t| irr^A. ‘Tlblo dlecueelon. ^r.sirXaeoe doing newspaper articles ., _. ,i-«'------------------------- .k I. .•..MfllMft gCSStb*«i 0tS^_ • ashi-*-" ■ - %. , ______^ ______________e A#coitd#d bv __p tiiAt CotiflciX tsbX# v«iVxV. '.1 ‘i?:. !i: Rrf^S..■» AMo a M /f - ^ 1 : : TL.-J. j. % A 1 4 A Quarterly Fublicaticn Frcm the City of Mound Vci. 2. \'c. 2 Summer *950 City’s History Preserved in Mound Depot... When Millie Banks enters the .vlound Depot, she sees more than he historic building that is now used or community functions. She sees •urn-of-the-centurv' families, dressed n their Sunday best, stepping off the ^in. bound for their summer places on the lake. At 87 years oid. .VlilJie recalls the heydays of Lake \Iinne- tonka during the eariy part of the “When I was young, people didn t go ‘up north: they spent their summers or summer vacations on Lake Minne- rppifA and they came here by train, she lecaiis. So busy was the area that •hre commuter trains ran daily from ■* cities to the lake during the sum- I months. Banks and o'hers of the Westonka Historical Society believe diet residents know little of the uea’s rich histor>': nor do they know die important part the Mound Depot ance played. Banks, a former English eecher. is in the process of writing a .Vfinnetristo .Vfemories. which will chronicle her life in the Wes- coake area. •Queen oi the Inland Lakes. The depot, which was moved to Mound Bay Park in 1967. :s .net the original train station. In 1914 the original depot, which stooo approxi­ mately where First .Minnesota Bank is now iocated on the comer of Commerce Blvd. and Shoreline Dr., burned to the ground and was quickly rebuilt to continued on rre.n sageike ana. _____________________________________— Mound’s Future Presented at Upcoming Public Hearing ■ ■ .............. ,„A ..I. .nd BcnMtton ar.« and C^lciL Ttair -I I I i I What will Mound look like in • year 2000? A pardel answer to ie ouaetion is contained In *e (fiiiH Comprehensive Plan Up* ae. which to bean assembled the city's Planning Commission er the pest 18 months. The mmissioa has scheduled a iblk hearing on the plan for oaday. July 23 at 7:30 p.m. at City liL At thie heeringi the Commie* m •wishes to hear comments from on views of the city die tum-of-the-century and spe* 'eally. comments on the content A comprehensive plan Is an lembly of maps and text dis* ffiiig existing and proposed me, bousing, transportation. parks and recreation areas and other public facilities. The plan also contains a set of goals and that are intended to guide development dedsions over the nurt 10 years. Additionally, the plan forms the basis for future modifications of the soning ordi­ nance. In the Twin Cities Mei±o- potitan Area, comprehensr-s plans were mandated by the passage of the 197R Land Planning Act In re­ sponse to the legislation, a plan w8a prepared in the eariy 1980s. The current comprehensive plan update builds upon the eaiiier plan. In accordance with the law. the .Mound ComprefaeMive Plan is subject to the review of the Metro* politan Council Their review, which will occur after the public bearing, will focus on the plan's consistency with what are called metropolitan systems. Metropoli­ tan systems include transporta­ tion, airports, parks and open space, sanitary sewer capacity and solid waste. After review by the Metropolitan Council the plan can be formally adopted by the City of Mound. Copies of the plan are avail­ able for review at City Hall and at the Mound Library. Mark your calendars for July 23. Come to the Planning Commission meeting and share your vision of what Mound should be in the year 2000. cconunodace the :ommucers. “tt was an ^ looming area —'ul uniiies took the one-aour tram rme 5T *r.e'.r summer vacation av.3. :...es. ’ 3an<s says. She t-ecai.s dot-and-<iasn sound oi the .eie- ph machine, the snriil wnistie or a m coming down the track ^d the fomen who w'ore tneir best dresses. vhich in those days vere long ana me with pient\* of perncoais. After bf train ride, parents gathered their iifgtgo and restless chilcirem also Ireeied in their best, and took horse- Irtwn cabs to their final destination I fummer home or one of the elegant eeorts for which the lake had become imous. . ••From about 1917 on the local dgh school boys made their summer DOfiev by driving families by car pom the depot to summer residences Throughout the early part of the century Mound took on a festive lity each summer with ice cream tals and 4th of July picnics to keep ser msidenis and tourists busy. , the streetcar boats were tilled * summer tourists who wanted urstons to Big Island and the elsior Amusement Park. However, the heydays of tram el came to a close with the advent It automobile. Soon, summer ors either drove themselves or od to permanent lake residences commuted daily to the cities. I loads of freight that once could be brought in by rail came by freight trucks, leaving the depot as and abandoned, he railroad sold the depot to the etonka Museum Association in with the stipuiation that it be d to a diHierent location. In th« depot was niraed over to ity of Mound. reiontiy. the city and its Parks )pen Space Conunission are 'wg to keep thia historic building ( physical condition. The deck tan tempoceniy reinforced plans are drawn to redo that - of the building. Additional Its may follow. |dltor*s Noiat The Westonka Historical Society the third Monday of e onth in the Mound Depot >re in- (hrmadon. call L. \awns at 472-188S. Ff > j* >• nudon on renting u.. Mound Depot, cell City Hell at 472*1155. Ci-UCl.»•!... 41/ iiLk. s-44.1 Vh M- • ...» .ntiinra' The Citv of Vfoimd recentlv installed a netv roadwov sign, made or age :s a decarmnf ‘rom usual roca^ay signs. Filing Dates Announcsd for Mayor and Council Posts .Although the 1990 elections are months away, those considering run­ ning '"or the position of mayor or .ur fivo council seats must file with the city cierit berween Tuesday. .Aug .9 ana Tuesday. Sept. 11. 1990. The mavor s post is a r«vo-year .erm. wniie the rivo cip.^ council posi..c..^ are tour-year terms eacn. These offi­ cers are elected at-large without parn designanon. The mimicipai election will be held in comunction widi ±e state and county election on Nov. 5. 1990. To fiie. interested parties must complete affidavits of candidaev. which are avauable at the city ».ers s office in City Hail. Office hours are .VIondav through Friday from 3 a.m. to 4:30 p.m. A S2 filing fee will be charged. Election Judges Needed The City of Mound seeks addi ­ tional election ludges to serve at the Primary Election, schedulec for Tues­ day. Sept. 11. and for the General Election on Nov. 6. Any individual who is a registered voter is eligible to be appomted as an election judge. Flexible b / its are available. A training meetiiig is r^’uired before serving. Judges are paid $4 per hour. If you are interested in serving. pl6ftS6 call City Hall at 472-1155 and leave your name, address and phone number. You will be contacted whan election dates near. Recycling Incentive Called Recyclotto Recycling tan earn Mound resi­ dents a healthy reward when the city' inmates an incentive program called Recyclotto. Here s how the program wiU work; • .At Its mont-hi'. meetings, the Ctv Council wtii araw. at random resi­ dent addresses for the monuh. • Eac.n wee.\ a city represemauve will chec.v tne address drawn at r a.m. If recycling materials are at the curb, the winner will be non- nea by pnone or by letter that ne or she has won. • The lotto wiil begm with S50 in Westonka Dollars, which will be -e* deemabie at various area stores, if tne seiectea . adress does not have recvciing out. the amount will be carried over tj the next week. Recyclottc jegins the first week OI August. If you have questions or need further information about recy ­ cling, call Joyce Nelson, recycling coordinator, at 472-1251. Watch That Crosswalk Sboppois an raminded to use the new crosswalk area at the recently installed stoplight lo­ cated at Lynwood and ConuBerce Blvd. Those crossing outside the walkway area do not have the right-of-way. Besides that, jaywalking is against the law. I' * • ___________________ I, - follow These Steps and 'gep Criminals Oin When it comes to cr.me-proo:- ina. it's the little things iat count.'Jlfl* It 5 uiB muo ------------ ign Communxr.' Crime Prevention Df&cer John Ewaid. Not only does htt advice apply to home ana -jtrsonai safety, it aisu applies to Wamesses—both large and smai.. Ewaid offers these tips: • Call the Mound PoUce Depart­ ment and ask to have a premises survey completed. Ewaid wUi visit your busineee. survey me building and grounds and dis­ cuss ways to improve security. • Pay close attention to door locxs. But remember, a lock is only as •ood as the door it is on. A S300 lock on a S2 door %vill not deter burglan. ... P»per lighting can m^ a dd- (erence. In one of New York City s highest crime areas, high sodium was installed on an e.x- perimental basis. The result was ____ -"3- ......................- * . £r!v.r-r..r.er.iai -.sign -.v;U r.aN^' -'-'jcsr'.* 5ven more a.*.:..— Hc'.v :s '■our building land- scaned’ Keen shrubber.' and ••ooc i'.vay from the buiicir.g -o thev 'viil not conceal burglar.' ane-mpts. .\re large windo-.vs \nstble from the street? Don t paper vour windows with ads that obscure street surveillance. • Internal theft supersedes snop- lifting. Because employee thert can break the back of a com- "’anv. review your cash-hanoung poiicies* and tkjce precaucons so that "Our inventory doesn i go out the back door. For more information or to have a premises survey concucted. call the Mound Police Department at -tr:-3711. ,ding Official Sagins Duties Mound’s Crime Prevention Association Needs Your Support ♦V. In addition to hi* dutJw- jaetor. Sutheriond jwv« a* Iwod V HoB at 473-11S5. The .Mound Cnme Prevenuon .'.ssoctation is a coalition or area residents and the .Mound Police Department. The association worics to promote acmnties and protects tor the purcose of c.mme prevenaon ana the aoprehension o? criminals. Some of the programs assistea financier bv the associanon include the D..\-R.E- pros*^- and School Liaison programs. .Neigh- borhood Crime Watch and Child Safe House, a TIP line for anony­ mous information, rewards for cnme and arrest information, the police canine program, community cnme prevention (see article above) mouice maienals and training, and for Operation Identification. Membership is open to all Mound residents and merchants. A n^inimiim $10 donation is requirea AddiUonai gifts are most welcome. Recognition will be given to ail donors. For more informanon on this program, call the Mound Police Department at 472-3711. City ClsfK tiecied to P^CTSSSiCnsI SCoTo Franc?n^ C.’jrk-Ltfisingcr Francenp iFranl Clark*Lei3inger, Mound Citv Clerk, was elected in May to the board of directors for the Internanonai Institute of Munic.pai Cler.ks . IIMCk a professional organi ­ zation for city clerks. She will repre­ sent ihe region that encompasses Iowa. .Minnesota and Wisconsin. Clark-Leisinger has served as the .Mound City Clerk for eight years. Siie has been a member of the associ ­ ation since 1982. As an active mem­ ber. she attended numerous annual conferences and served on the Host Committee -.vhen the organization heid its annual meeting m Minne- apoiis. She aiso served as chairper­ son for the State of Minnesota IIMC .Membership Committee from 19M to 1985 and received first place in the membership contest for recnuting the most new members to the orgam- zafio"- ^ ♦U-.Clark-Leisinger is active in otner organizations, including the of .Minnesota Cities, for which she has served for the past tvi^ years on the Elections and Ethics Committe^ She is aiso active in local commumty affairs. co<hairing for the past two years the Mound City Days celMra- tion. In addition, she Is a member of the Westonka Chamber of Commerce. Mound City Days a Little Soggy But Fun Any’/vay Although the weather refused to cooperate. Mound City Days can stiil be called a success. But for mud volleyball you can't ask for I etter waatbar! Weather aside, throngs turned out for the Grand Day pa^de _1. and the Breworks disciay provpc to be a .ligniigm for many, .-'uod ±e annual fish fry to beneiit me .Mouna Volunteer Fire Department ser.-ed up fish and all the trimmings to .more man 2.000 hungrt' eaters. Mound Calendar ::csec fcr 'he Labor 22v :cser/onc2. C20L . ' I J!^ !■%0^ lit,• • • I ¥ f «---------- Look at tie Momi This Ug brother took tii IH*** siitar on one of the kiddie o amMii (idaa to the dalifht of both ■uumiftfT On Sundox, carnival oonces* lioa nwteff odinittid (hut rid# cttwd* anea was dawn soatawhoL but as one §§td, the natura of this business. We eon bring smilee to kids* /aces, but ^ve ean*t aiahe the sun shine.** PJcver number 12 took a .Tiii/irv swing and sent the boU saziing. The onnuci sort- bail tournament gives area teems a two- day opportunity to see if thev '>a\*e :he right stuff’* Pnmar/ elections ai Clr/ Hail No City Council meeting this evening. • ^.ec.ciirg pick-uos are schecuied ever/ .Moncay ana Tuesnay • "*he Planning Commission meets the second and fourth Mondays or each month, beginning at r.20 p.m. at City Hail • The City Council meeungs are held the second and fourth Tuesaavs of each month. be«n- mr.g 3t * 20 p.m. at City Hail. • The Economic Development Commirtee meets at T a.m. the mim Tuesaay of each month at C.r/ Hail • The Park Cc"'mission meets at r.20 p.m. the second Thursday of the month at City Hail • The Gty Council Committeesif- the-Whoie meets at 6:30 p.m. the third Tuesday of each month. i ! 1 » t- F U I k IWE: p.', ift I; £. f frI t.s' IjV' >■■■ p-> ■ i \ I I'f'. Ie: / VoL 1, No. 1 The New o:rono newsletter LiM Etvxeen Onno Ouzsrs jna C:tv (lounal/Aammtratwn Spring 1991 ORONO COUNCIL ANNOUNCES town meeting "T?w f6viv3l of tho Town Mesting W3S one of my campaign promises to itne citizens of Orono. I lock forward to tfi/s open forum which I hope will increase communication and citizen involvement Won 't you join us and share your concerns, ideas and suggestions at our first Town Meeting?" Bait Peterson, Mayor What Is a Town Meeting? Orono's Town Meeting..... What will be discussed? PLANNING COMMISSION GIVEN EXPANDED ROLE The Orono City Council has asked the Planning Commission to take a more more active role in planning issues. Besides their extensive work in zoning, the Commission has been meeting often since January when the new Council took office. Their first major task has been to study the Highway 12 issue, involve citizens in the process and make a recommendation to the City Council. By the end of March they will be presenting their recommendation to the City Council ..... Planning Commission members are: Charles Kelley.........et al. If you have zoning/planning questions or comments feel free to contact the Planning Commissin members. Whan la it? Suggestions for other colui inst Planning and Zoning (Written by Ranning Commission/staff?) Current Issue Update (eg. LMCO, Annexation, City facilities...) Community Spotlight (community special places/resources for citizens awareness) - Park Commission Updates (Written by Park Commission/staff?) . Public Works Update . Citizens Comer (questions asked of Coundl/Administration by citizens) More ideas?????? 5/ Wr 0st I 1i: &:.ur Ks;- Bte iK-:- !%•- &■ t-rf • .; te P- m:-:m/' r- VAJ:? JAHUARY rnROASY MARCH APRIL MAY JUMB JULY A0Q08T SBPmiBBR OCTQBBR MOVBNBBR DBCBMBBR I•iin R M f2i ill » — \ J 41891.2 COttMtlNICATION PLAN *PROH THE COUNCIL* HENS ARTICLES NEWS LETTERS CABLE "TONKA REPORT" CITY ADMINISTRATOR ■TOWN MEETINGS" X X X X X X X X X X X X X X X X X X X X X X X IN ADDITION - New3 Articles - Council Meeting Biweekly/3 newspapers Preliminary Agendas Biweekly City Handbook - Once every 2-4 years As Needed * Workshops/Informational * Selected Mailings * News Releases ;<4d 7;'r.-jT*‘ / ■. &r*‘ r-«^.v i**' - t. r .? I V f I- ,r . r;r F 1^' W k IV: S.-' To; Froa: Date: Subject: Mark Bernhardson, City Administrator John R. Gerhardson, Public Works Director June 3, 1991 Reject Bids - Navarre Heights Storm Sewer Project % /O On Tuesday, May 28, 1991 the Orono Council cancelled any further consideration for the Navarre Heights Storm Sewer Project. I have proposed a resolution to reject the bids received on May 3, 1991. Reconendation To reject all bids for the Navarre Heights Storm Sewer Project. Proposed Notion Moved for the Navarre Heights Storm Sewer Project. 2nd to reject all bids TO: FROM; Mayor and City Council Mark E. Bernhardson, City Administ Forwarded recommending approval. f r.- lf, r ; Vi. I Iki,, o o 11 A \\ V m"‘’>X. ■?5: • CITY of ORONO v> !*'••■■) s’> ' y*f,RESOLUTION OF THE CITY COUNCIL NO. ________________ A RBSOLOTION REJECTING BIDS FOR NAVARRE HEIGHTS STORM SENER MBERBAS, the City of Orono is a municipal organization existing under the laws of Minnesota; and NHBRBASf the City of Orono conducted a public hearing to determine the feasibility of a storm sewer project for the Navarre Heights area; and VHBRBASr the City Engineer was ordered to prepare plans and specifications and accept bids to determine costs for the storm sewer; and and NHBRBASr on May 3, 1991 the City received and opened bids; VHBRBASr on May 28, 1991 the Orono Council decided not to proceed further with the project. NOIfr THBRBPORB BE IT RESOLVED that the Orono Council does hereby reject all bids for the Navarre Heights Storm Sewer Project. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 10th day of June, 1991. ATTEST: Dorothy M. Ballin, City Clerk Barbara A. Peterson, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 10th day of June, 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 1 of 1 l|iv t ip:- I? S' V4 M- s’* t #< W- f-’[iii !5'r„, W::m-m...I'hk • I-n-f ,m fe'i' If' #:n^< ■ fe-' .'■ ifff'u-t'.-iv'L.. 6491.5 Mayor and City Council FROH:Mark E. Bernhardson, City Administrator % OATS:June 6, 1991 V 9 SUBJECT: City Facilities Attachment: A. June 4, 1991 Agenda ISSUE - Provide Council with follow up information from the June 4, 1^91 Facilities Workshop. INTRODUCTIOM - At the City's Facilities Workshop on June 4, 1991 the Council discusser, and set the size of the facility for the next design step. It tabled establishing a financing workshop for the Council itself to review the various financing options together with public information and hearing. It is anticipated that the financing workshop meeting could be at 6:00 P.M. on Thursday, June 20, 1991. PROPOSED MOTION - Moved by , seconded by _, Council accepts the information from staff an3~ acknowledges a workshop for _:_ on _ _ _ , , 1991 to discuss financing. Ayes , Nays i I, CITY OF ORONO FACILITIES WORKSHOP 7:30 P.M. TUESDAY, JUNE 4, 1991 COUNCIL CHAMBERS 1. Introduction 2.Proposed Facilities Size 1. Current Staffing/Equipment 2. Projections 3. Security Areas 3. Financing Workshop Scheduling 4.Public Involvement - Public Information - Public Information Meetings/Hearing - Scheduling ir- Tos Mark E. Bernhardson, City Administrator 659171/59 John R. Gerhardson# Public Works Director Dates June 5, 1991 Subjects Brush Chipping Program 1991 %o % As part of the on-going recycling and source reduction program, there have been questions and comments regarding brush chipping for the residents of Orono. Recently the City purchased a brush chipper for chipping brush that is removed from rights- of-way. Currently the City offers a droo-off site for leaves and grass every Saturday from May through June and September to Hovember. I would change that to include brush so as not to increase the costs. ItnrrsMnmlstl on - To approve the inclusion of brush being dropped off with leaves and grass on those Saturdays scheduled as per the attached guidelines and schedule. Proposed Motion - To approve the inclusion of brush being dropped off with leaves and grass on those Saturdays scheduled as per the attached guidelines and schedule. Ayes _ _, nays _ _. TO; Mayor Peterson and Orono council Members From: Mark E. Bernhardson, City Administrator Forward recommending approval. K ' a- BSnSH CBIPPIN6 PROGRAM City of Orono - 1991 The City of Orono will accept brush up to 6" in diameter on the following Saturdays from 8:00 a.m. to 4:00 p.m.: June 15 June 22 June 29 JULY - AUGUST SITE CLOSED September 7 September 14 September 21 September 28 October 5 October 12 October 19 October 26 November 2 November 9 November 16 Chips may be returned if residents wants them TIME PERMITTING. ' . 1. "i * r\ • i m .1 .. .• t ■ X '4i :-'L;:’''; '•**1 Ti '•T^T . *: rrv 1 • •• » % 5?/ • L? ^: s • "* ' -%■ Q \ fi car ;“ sv _-• JI-.nc?r :-j i ji'. i ot May 3i, 1991. rie vnd o‘i t three years and has -issisced us :?anv \ Ar z • 'L : p ^ ■) -^ r *■ - 1 *n-Ji ,;.«•♦ Z zinpzz when reeded. IS Peter has as well, been a police iriern, oelice reserve o-f*ficer ^or 'zne oast ^:en ar.d .» Peter i^i'.en c dr.rr d .ao 1 ? vv* *. Che deuarcmenc. wisnevi ' i i ;n >iei.. * .1 TO:Mayor and City Council FROM:Mark E. Bernhardson, City Administrator Forwarded recommending approval. Officer Palmer was employed as a part-time officer therefore he has no accrued benefits. PROPOSED MOTION - Moved by seconded by to accept the resignation of part-time officer Peter Palmer effective May 31, 1991. Ayes _, Nays _. r h\ TO: FROM: DATE: RE: Chief Mel Kilbo Officer Pete Palmer, #524 05-03-91 Resignation Effective 05-31-91 I am resigning the part-time patrol officer.^ on that I have held with the Orcno Police Department for the past three years. enjoyed the ■y association with the Orono Police Department for the past 10 ye-»s. Unfortunately, I an having to cut down on the number of commitments on my tine and it neccessltates ■y resignation from your department. I will stop in sometime around the ond of the month of May and drop off the uniform shirt, badge and cap badge. I will miss my friends out in Orono and will keep in touch. Thanks for your help and friendship these past 10 years. Take Care, Pete Palmer, #524 cc: Chief Don Davis Patrol Officers, Clerks O.P.D. y ( ■ I i tt '‘Ifc-'-ne % .^0 Ci % TO:Mayor and City Council FROH: Mark E. Bernhardson, City Administrator 5> V % ^So. DATS June 4, 1991 SOBJBCT: Joint Council/Planring Commission Meeting ISSUE - Reminder to Council of the joint Counc i 1/P l^ann i ng Commission meeting coming up at 5:30 p.m. on June 13» 1:^91. As re<]uested there will be no staff in attendance at this meeting. PROPOSED MOTION - Moved by_, seconded by_, Council acknowledges the upcoming joint Counci1/P1anning Commission meeting on June 19# 1991. Ayes _# Nays 6491.7 r >/ TO; PROM: DATS: Mayor and City Council Mark E. Bernhatdson, City Administra June 4, 1991 % ?>. V % o.. SUBJECT: Water Restrictions Removal - Resolution Attachment: A. Draft Resolution B. Water Restriction Ordinance #53, Second Series ISSUE - Have Council formally discontinue conservation measures installed since 1988. INTRODUCTION - In 1988 the Council imposed odd/even sprinkling restrictions throughout the community in an effort to conserve water during the drought. The ordinance requires affirmative action by the Council to remove these restrictions. Attachment B is a resolution that would do so. PROPOSED MOTION - Moved by , seconded by _, Council, because of the bountiful rains that have occurred remove the current restrictions until such time as they are needed to be imposed again by adoption of Resolution #_. Ayes _, Nays _. If" fe:'m--fc i-r I I-¥: rW ti- t< I* »fr-ft 1^^.-l^r ,V ■ ' ^■iv F0.- •! %V’- ^■: fS. I i' ft <v I'p.-«- K:.- i ^'-■ te 6491.1 h RBSOLOTION REMOVING THE RESTRICTIONS OF THE ODD/BVEN WATER REGULATIONS EFFECTIVE JUNE 10, 1991 IfHBRBAS, the City of Ocono adopted Ordinance 53, Second Series to regulate the outdoor use of water, regardless of source; and WHBRBAS, on July 25 , 1 98 8 , the Council adopted Resolution #2479, implementing an odd/even water regulation in the community regardless of source of water; and WHBRBAS, the City did such because of significant dry conditions; and WHBRBAS, subsequent to those restrictions being put into effect, substantial rains have occurred in th, area, and the demand for water is markedly decreased; and WHBRBAS, the City still maintains a concern for its on­ going water resources. NOW, THBRBPORB BB IT RESOLVED that the City of Orono repeals its odd/even outdoor water usage regulations, effective June 10, 1991. Adopted by the Orono City Council on the 10th day of June, 1991. Barbara A. Peterson, Mayor ATTEST: Dorothy M. Hallin, City Clerk ’A f: h. I'”r-.- y- Hi; ORDINANCE NO 5i SECOND SERIE^ A WATER USE CONTROL ORDINANCE REGULATING THE USE OF WATER DURING PERIODS OF WATER SHORTAGE The City Council of the City of Orono ordains as follows: Section language_ _ _ 3.10 is amended by adding the following Section 1. Purpose, In order to avoid a water shortage due to water svetens, to ensure an adequate water supply for fire Jo orotect the environment of Lake Minnetonka, to ensure the*protection of subterranean aquifers, to maintain the oSIlity of domestic water supplies, and to protect the general safety and welfare of the residents, the following oK non-«..ntial water ases shall apply during periods of water shortages. Section 2. Implementation of Re3trictiqn_3 ♦ Whenever the City Council shall determine that a shortage o£ water ^^M^ns the Ciiy, it may enact by resolution the restric;^ons .or non-essential water use set forth in this ordinance. The ^SJoIS^iS^rtait bUcLe effective 24 hours after passage and publication The resolution shall contain the following information: (1)uses of water that will be restricted; (2)types of water supply which will be restricted, as the public water system, private wells, lake or other surface water system; (3) (4) times during which the restriction will apply; whether the use restrictions will apply to property in the City or will vary depending upon location or identification of property; (5)when the restrictions will be implemented and when they will terminate; and (6) whether the restrictions will be voluntary or involuntary. Section 3. Notice. VHmnmvmr -he Citv Council enacts the restrictions in this «dlM^c« It ihLi tatce such action as is reasonably practicable W iSul^th^ gen«al public of the restrictions. The notice ;!:SusS:d^r:2. lo«t newspaper. The notice shall include the ion described in Section 2 vl oj* 1 r-' I' Section 4. Types of Water Supply. of theThe restrictions in this ordinance shall, at the discretion -itv CouncU, apply to the public water system, private wells, like or other su?fLe water systems, or any comoination tnereo.. Section 5. Restrictions. During a water shortage the City Council may order one or any combination o£ the following restrictions: U)a complete or partial ban on water use for watering determined by the City to be non-esaential, or any combination thereof# ^ (2)•Safet^:rend?Srln\r2v^n mtj^w":^ :' even-numbered calendar days and residents of addresses ending in an odd digit may water on odd-numbered calendar days; (3)a limitation of water use for specified hours of the day; (4) (5) a voluntary or involuntary restriction; a use restriction applicable to . City or based on land use or property identification. and (6)any other appropriate restriction. Mmwlv s..d«<l or sodded lawns shall be exempt from these provisions for a period of 30 days after installation# although no re widtnror soSding maj begin after any applicable water use rastriction is instituted. The Council delegates to the City Administrator or his designee the authority to declare an odd/even or total sprinkling ban or a complete water use ban of municipal users of any public system in Orono when in the opinion of the Administrator or his designee that municipal water supplies have reached the point that it could endanger the supply for domestic sanitation and/or fire protection purposes. This would require ratification by resolution at the Council’s next regularly scheduled Council meeting. Section 6. Termination. Any water use restrictions Imposed by the Shortage shall terminate by resolution of the C.ty Council. -2- i trr j.j'rr ' >.v m A f-vV ' k » .- \J k f:-rI' :frk:i -ra\: I 5rV.-£' r- 1^ U'^:: tr;.>v :^i-"f- Section 7. Effective Date. Thi. ordinance shall be in full force and effect upon its passage and publication. adopted this 25th day of of 4_ _ _ _ Ayes and T , e 1 g rU ^ 1. J , 1988 by a vote Nays ■•■J .i -J ,>■ Mayor PMLfi%P7^T^lc^9J/y-f-Pn City Clerk 5087 j -3- w i'v (5v It Pt' f- i: f I: Irt iyr ; '■•<'. : f f- I f TO:Mayor and City Administrator PROM:Mark E. Bernhardson, City Administrator DATE June 4, 1991 SUBJECT: Administrator's Information HIGHWAY 12 WATER SYSTEM - As of May 21, 1991 the City's well facility and pressure tanks are on line serving the properties east of Willow Drive. Staff is currently reviewing whether it can shift other customers who currently are receiving water from the Long Lake contract onto the system without jeopardizing fire protection. In a related note, the City is developing a reciprocal emergency agreement to provide water to the City of Long Lake in the future, if such is needed. 1950 SHORELINE DRIVE - As noted in the attached letters it is the intent of the owner to have those cabins removed by the deadline set. Staff will be monitoring this situation. PATROL OFFICER EMPLOYMENT - Staff is currently interviewing persons for this position and this item will be presented to Council at a later date. RETIREMENT PARTY - CHIEF KILBO - Attachment C is the invitation for the upcoming retirement party for Chief Kilbo ADMINISTRATOR’S GOAL SETTING - See attachment. I'V '•r j- TCS£.'^M-"'J = ICRPCR-'T.’C'. •7C3 -v.AYZ.^"-^ 3C--3. VI .NNETCNKA. V1iN.\E£C7A 5S3-3 ■6i :i 3AZ-: :S9 M^V -Y,* li Q ' CITY OF ORONO JEANNE A. MABUSTH RE: 1950 SHORELINE DR. Dear Jean Just: a brief note regarding the two cabins to be removed at 1950 shoreline drive. As of June 1, both cabins will be vacant. Arrangement are now being made to have them removed. I should know within the week as to when they will be removed. i'ours truly - ■''1 SfKVING TM€ MANUf ACTUHiO HOUSING iNOUSTmr FO« OV£« 44 YEARS p H A '^1 H \ ' K 2^00 C»»€ T4ao« laoo s*»tf OiNvfw. cav.o«*oo floaoa ▼fLf •“O*** JO j * J30 M|«4«4E aPOi_ 5 S*^.Nt5- * 4% as 5?v* - *•'« s»A<i» 3JJ A«o'» «•4'a JJ4 i*' i 4lO0C€<»t«U*»^NA*iCl4wCC»*Tf» lOOt.K* fICONO tt«CfT Miami. rL0*'0* J3I3« Tf30f‘t30*0030 TCkflCO^itA J0*'t30*00*l NANCY e. HUSNIA C.aECT Dial .St2) 334*25-i9 May 22, 1991 mL Mr. James H. Gilbert Meshbesher, singer and Spence 1616 Park Avenue Minneapolis, Minnesota 55404 • 100 JCC CaA* >« »*tO t o«< D C 10003 A V Aik^**ONC 10 2-941 • 700 CO#>C« 202 942 e799 nK< ^^ 0,0'*. Re:Your Client: Gerald Toberman Our Client: City of Orono Dear Mr. Gilbert: Enclosed please find an Agreement between Smith’s Bay Marina Inc. and the City of Orono, Minnesota, which your client PPhruarv 12. 1990. This Agreement outlines repairs air removal of the three cabins located Upon your client's property in Orono. thl cabins at his expense, disconnect all services and utilities, remove all debris and restore the site to reasonable condition including seeding or sodding. Should your client not raze the cabins and re.move the debris per Item No. 3(a) of the Agreement, Item No. 3(b^ letter is^to serve as a reminder of the Agreement and to assure that the razing and removal is performed. Should you have any questions, please contact me. Very truly yours cc:Mr. Mark Bernhardson Ms. Jean Nabusth Suesan Pace>Shapiro, Csq ZNEH/280 [usni stant ^V, • t ^ IL < 1. PaC’- :es . Iniii ;s an aoL-eer-ent: by and ^ta-ween Smith's Bay Matina. inc. {iiereinaf ter "Snith's 3ay"‘ ir.d the City of Orono, Minnesoci (I'.ereinafter the "City"). 2 . RssiX LAi.3 . a. Smith’s 3ay is the fee owner of che following legally described real property: Lot.s .if a:;d 23, "Ora Park" on Lake .Minnetorika and t;‘.ar part of Lake .Street lyi.n.T oecwcen the ex ten .-i:'.‘’ns of tl;t side line of sciaC Loca 'f *? ^ A. and 23 and between the front lines of said Lots and the Northwesterly line of the Right of V4ay of County Highway No. 7 being a line parallel to and 33 feet Northwesterly from the center line of the existing pavement of said Highway, Hennepin County, Minnesota (hereinafter "the property"); b. The property contains three structures, including a duplex and two cabins (hereinafter "duple;c," "Cabin 1" (south edge of lot) and "Cabin 2" (west edge of lot), or collectively the "cabins"). c. At its meeting January 11, 1988, the City Council pa.ssed Resolution No. 2349 attached hereto as Exhibit A finding Cabin 1 a hazardous building and ordering its repair or reirDval, d. At its meeting on January 11, 1988, the City Council passed Re.solution No, 2350 (attached hereto as Exhibit B), finding Cabin 2 a hazardous building and ordering its reoair or removal. e. In the above-referenced resolutions the City Council identifier] a range of hazardous conditions, including failure to hook up either cabin to available City sewer. f. The City served on Smith's Bay an Order to Raze and Remove Hazardous Building dated November 21, 1908 whir'h is attached as Exhibit C. g. .Smit.h's Bay submitted an Answer to said Order dated December 12, 1980, denying the hazardous conditions alleged by the City. . :2 "r u S-“.; k v\i i''If:- ■ ►a t r. 'i Xt. in mutual cons i* 311 ;n .;*3i*acy a u J z :i a. The Cicy agrees :j permit tne :3c:t.s t:^ remain, upon ti'.e conditions state 'arsin, ur.t: - June 1, 1991 (heieinacter the " terminat ior, 'iote";. Witnin f.vo weeks of the termination date, S.mitn's 3ay sna.. remove the cabins at its sole and complete expense. Removal shall include destruction of the cabins (including foundations), all appurtenant structures such as porches and landings, proper disconnection of all services and utilities, removal of all debris, and restoration of the cabin sites to a reasonable condition, including seeding or soddinu. Smith's Bay shall have vacated all tenants and any personal property from the cabins by the termination date. Smith’s Bay shall provide any necessary notice to tenants or other persons, and shall obtain all necessary permits and approvals, so that removal can be completed in accordance with the terms of this Agreement. b. Should Smith’s Bay not begin or complete removal within two weeks of the termination date, the City is expressly authorized to enter upon the property without iiotjce at any time to raze and re.^ove :he cabins. Removal in this case shall include “lie same elements described in t.he pceviuus p a rag r apn . S ' ' u Bay shall repay the City for any and ail costs, including attorney’s fees, incurred in removing the cabins, to be collected as an assessment against the property payable in a single year. Said assessment may be imposed without notice or hearing or other process and Smith's Bay expressly waives any right thereto. c. Within 15 days of the date oi this Agreement, the Ci ' shall initiate dismissal wichout prejudice of the current; hazardous building proceeding against the cabins. The City shall move with due diligence to obtain said dismissal and removal of the lis pendens attached to the property by the City pursuant to the aforementioned hazardous bui-lding proceeding. d. Smith’s Bay will, within the next 30 days, make the following repairs to Cabin 1: i. Permanently fasten and connect back door landing to the structure. -2- r mi > w . J -<^ * •Vw .1 « * «» i "* j j ^ - - - .- -»-^ • »• ' » »^ *5.* *. ^ • e. Sinith's 2ay will wi:n:n tti6 foilowiny ctspdirs to CaiDin tr.e next 10 Oavs :-.3ke Repair connection between ots:r and front door landing. 1 se r il. Install and properly locate s.~oke detectors . ^ ^ 1-:'>a:'ient’y fasten anc. C3n;.':c anuing to boilding. r.dco r f. Smith's Bay will within 15 days of trie date of tills Agreement engage a licensed electrician and licensed furnace technician to inspect the electric services and furnaces at the cabins. Smith's Bay inunediately will make such inspections available to the City’s Building Inspector and will make any and all repairs necessary within 30 days of the inspection to ensure the furnaces and electrical services are rn a safe conuition. g, Sr.iith 'j day agrees to pump the iioid. ng tan^s servicing liie c.ai-i.'.s as needed. Sinit.n's Bay ana..- e.nter into a contract with a licensed septic disposal company to pump the tanks. A copy of said contract shall be provided to the City. The tanks shall be .monitored weekly and shall oe pumped as needed to avoid any septic discharge. h. Smith's Bay will report to the Building Inspector any material change in the condition of either Cabin l oc Cabin 1 during the pendency of this Agreemeur.. Smith's Bay agrees to submit to per.iodic external and internal inspection of tne cabins upon reasonable notice. This does not waive the City's lawful right to enter the property without notice should conditions warrant. i. Smith's Bay agrees to pay all City costs, charges, attorney's fees, and any other expenses incurred in enforcing this Agree.ment or any part thereof. j. Smith's Bay agrees to cooperate with the City in having this Agreement recorded and further agrees that this Agreement shall run with the property and will be binding upon all purchasers, successors, or assigns. -3- r •fi '^r, ;r 2^i’ " r.-'-i:-v\:- k. 3y '-:Ais Agreement the City dee* not wa.ve ^ny oc its ooiice power authority to recaiace concitions related'»o the'?rope-ty or the cab:ns. ‘.othing in this Agreement precludes the City from initiating a hazardous building action against the cabins s.-.uli conditions arise posing a threat to health and ^jfety which did not exist or wnich the City was not aw.. n as of the date of this Agreement. 4. Mi seellaneous. This Agreement contains the entire agreement between the parties pertaining to the subject matter herein and shall be modified only by written anreeraont signed by the parties. This Agreement shall be governed, e.'”. jrc‘='^ a.nd construed under the laws of the State of Minne.'-; IN WITNESS WHEREOF, the parties ha^ e ,’xecuted this Agreement on the date below. CITY OF ORONO / " / Its','r .Actin^T 'M^vor ^ / j* , / ■Its City Clerk w acknqwledgemen:.^ STATE OF MINNESOTA ) ) ss COUNTY OF HENNEFIN } Ml60MM2 cwtiHiniww fan*— The foregoing instrument was acknowledged before me this 2^iday of February, 1990. b» Edvfflrd J. Callahan. Jr^ cal Doronhv M. Hallln th^/TOW*^ City Clerk, respectively, of the CITY OF ORONO, g >:innesota municipal corporation, and said instrument v.as- executed on behalf of the City otary Public • W -4- U** L*. j , 1 J s UfTr •'^4 -'li'' SMITH’S BAY MARINA By uy^>>— Its_ _ _ _7\JLa_ _ _ _ _ \ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) '‘■-".rts-omf The forevjc'ing, insttument was ao<nowle<lqed b^i; this /A day of ____/ 19 90, by C-Lv-r--^ j me ^ */ J IjiT/ n r\•'3+1 the cy4.-»ij. f y of SMITH’S BAY MARINA, a Minnesota corporation^ on behalf of said corporation. 'V •I “4 .# /•.* W> ■■■ '■■. '"ifTi' •IsfpfetMii IMSTRUKBNT MAS DRAFTED BY: ^^l"'Pophar Haik, Schnobrich i Kaufraank, Led. j. Jaffray Tower •r SC h Ninth Street neapolis# Minnesota 5304 4: (612) 333-4800 ESSf* ^I'-. !■ " "i 668 IBKM (ENSH/gmn) J0g0 ' m:-' ’-V- ' V . • ■»*V A. B i ‘.Ti'C'',.-;iV'rr-'.. pXM.mmr * .P Lv-#?>- V -Ii -5- .. . JM*. M. 41 ■ .•* . . :4.:.’i J Is . i Tl'': JL^.'o:^r /IrTTfO/Z/^eir C#’ S5‘' -Vc 0 I:' Wm.- ir^-W:-IK'-* ■ ’. ' ,.V . .-IX ^ .,* i/.- • • *'.- W ‘ / 4;i .* s *• • ^jX t ^ ^ J ^ « « ':un in the sua * In >n'.* Chief :*!el <ilbo l.s of leiours ana •?j-Schedule of Events fun and ^roat food! ri c* n > * i ^ 6:00 pm to 7:00 pa 7:00 pm to 8:00 pm 8:00 pm Cocktail hour (cash bar) Dinner Program and Presentataoas ;r;=\ -■ WcodhiU Countrr Cl.b, 200 :7cc>A.l. ?.oa.. 0-r. (dlr«c*.ioa3: _We«=o::;^ Hc'rupp-.- Cty. 3d. 15 exit, ^^-ollow 2/3 of a mile), turn nsnt and .oi-v..? ^ .T.*- , ■.vV'-' M' ■ Vte^v. fs;»: Assorted Greens topped wiah fresh strawberry halves, crumbled Roquefort cheese, toasted walnuts, an served with a red wine Vinaigrette dressing. Rntree: Your choice of: . •’nrra.-cnSauteed Breast of wniCA«n —* wx-n « - Sauce orCl < r-*n Pcact Tanner loin . . ...^. T-I - r 'I*-th aauce .fc-iaDessert: Chillau Lemon- - - -- — Cost: $20 per person (Thi.a includes •iianer^^ti?^^-«d^^i2^^^__ Please RSVP to: r~ « n,y MiJ 55323Hark BernhMdson. ?0 3ox Go, Checks parable to: City ot Orono ao::ireoeat Dm- Please ceapond by: Jose 20, W^'Wfi- ■ iS Cl Hame. Telephone number Would you like time for presentation? If no, how much time would rou like. ■jv - E': Satrae Choice (plaaaa indicate how many oi each dinner you are ordering.) Braast of Chicken . . ,^oast Tenderloin CHECK ENCLOSED FOR s. m mr:.Asa«s v: ' : ■? i ■J I • ■r-K- .. ». . f?M- m-m^. mW' Mi '4yy-- >s\"-.' ■ pife- "'.T. . ^ ^V>:r GOAL SETTING•f7 flO • IW7 tect •M m - IM •» «R> - IMf *9i 8fO - I99i Objective cm OP owNO Drcft i5/28/91 •§1 810 - 1998 Objective Objective (Priority)NIBR B. B8MABS0N cm MMHISIMTGS I mx 1991 - 38 APML 1992 Am GOAL AREA 0BJEX7TIVE DATES STATUS I* oomuNiTY Demx>mon •91 STD (C)A. Highwey 12 !• Utilities - Pz«:t II Determine Route Order Plans and Specs Bid Construct 09/01/91 09/01/91 10/15/91 Water System Installation 4/91-7/91 liain Well Operational 5/21/91 Tower (9-12 months) Plans Specs Location Decision Order Assessments ( Authorized awaiting location decision 08/01/91 Pt II Plus Weil & rower) Negotiation on Utilitii (Long Lake * Medina) Coamenoad water discussion 10/25/89 with Madina - Medina to meet with 2iffected residents 1/90 to discuss (Potential new subdivision in Medina may luve an impact on project.) tV'. "'i*?,.-'*/' ;-5, V. \ . .s '* ' ■ ' 1 i i J 'T<--•A P-l^r '51' ,: ";’ >■ m^'k: -HT V.s. •- •, iiPy-'--. «ilj;':5'". *'■ PR-r ■ Sv*:''^i': ■'^'■ miktii'' ■ > s R:;-' AJ»GOAL AREA1. COMMUNITY OEVELOPMEl/r Continued *88 STO •» STO B* Savaire Redevelopment •9f STO C« Obniminity Transportation Plan •9N STO *91 STO (B> *87 STO *88 STO *89 STO 0. Storm water Managomnt Plan *91 STO (B) V. ' UltIhiKf-MM- ■■-••. . jr» i '*' OBJECT OATES STATE’S Deternune beautification plan 10/91 ifflplanentation if any for 1992 3/12/90 Tabled for adiitional information 4/7/90 Discussed possible inclusion in a lonq term Conp Plan Determine interest in Christznas lighting 00/91 Acquire if appropriate Delivery - No earlier than 09/91 11/91 Update capital project guidelinee 07/91 Bridge bonding program Status Update 10/91 Public/Private street - review 37/91 polic-y Ascertain available mapping 07/91 Develop RFP for study if appropriate for Navarre area Long term plan - Balance of coimsiity 11/91 I1 1 ■■5 S’- pr>-- • ■' • !!«•.'-rv.* S' :7 i •*■ AREA GOAL AREA object :'.T1. amJNITY OCVELOmofr continued 'Vi'v ::a7e:s STATUS*90 STD E. Cofnmmity De’/eiopment Direction and Progress A.^ Lake Use- CXTO coinprehensi’/e plan J9/91 - Lake Use Cofinittee • Inplenient 36/91 BO Work towards service and results oriented "No Surprises" process C.) Cowp Plan Response to Jietro Council - Sewer - Transportation 37/91 •91 STO (A)DO DNR Shore land/Flood Plain Regulation Work shops PC/Council 36/91 Public hearing - PC 09/91 Council review 12/91 Submiss lon/'DNR 02 92 •91 STO /A)E.) Council/Planning Cbitinission role review 08/91 •91 STO (B)F.) Telecoinnuni cat ions facilities 07 '91 •91 STO (O GO Other Public Facilities 35/91 ?text LHCO Cities meeting 5/29/91 j-*v ■•f < ■> p^-' • itssj- .; ‘fv ' .• P^i . j'' •! ,^' . . •• 'r !M‘:-r' iS^'-’-h ’.- . i5''-■>;'-jv’" ■ c^.r'i,‘. • > .. «.•.■■ Ite, ; ■ '■ ■• 1 ■ / *' V .' 4i;'.. ■* f:,.S<f- fit:. ....... ARB^GOAL AREA2. mVIROmOfTAL PROTECTION*90 STO A. Stubbs Bay •91 STO (C) •89 STO B. Solid Waste Managanent ■'St OBJECT :%T :ates Determine assessment area interest J7/91 Engage an appraiser 08/91 Consider developnent moratorium 10/91 If Appropriate - Pre^re Plans & Specifications 10/91 - Project bid 12/91 - Assess project • Hold Hearing if appropriate 01/92 - Order project 02/92 - Bond for project 03/92 Comiience project J4/92 - Complete project 10/92 Review recycling efforts 06/91 Determine if further solid waste regulation appropriate Review oi n Ted collection if needed Review progra'* performance Rebid oontrart for curbside Review incentives to lirprove participation 11/91 09/91 10/91 10/91 02/92 STATUS 7/31/90 letters sent to area owners 9/24/90 Response limited. To use interested neighbors to assist. 1/22/91 Additional information transmitted to Ad Hoc groi^. 3/25/91 - 4/8/91 One resident request "grace period." 4/22/91 Council directs Citizen CoRinittee to develop charge for 5/13 4/30/91 Staff provides info to Comuittee. Conmittee charge to 5/13 2/91 1990 performance 281 /90 goal - 10% /9l goal - 16% No incentives needed for 1991 £ ) :* J i \ 4M ii-ls>P5L.-^jaSV''’-Pfe-^Pi-‘bR- V“»>‘ ■ '■ AREH QOAl. AREA OBJBCTr.X CATES STArJS4. SERVICZ DELIVE8X mm.tpfm ■■ '0¥?i!#V bsf.5 v;,v, ■ :^. ’mV ;v.#' msm^ |ip ’^"¥'rv ;■ gks;'v'4 .0 ■■-•,,, lif^r ij^iv.'ij .V •* '..I, i'i.; 't.-f"fe'V - ■ *90 STO *91 STO (A)A, Facilities Upgrade If Undertaken Site acquisition, if ^y Design Final plans/costs Plans/specifications Financing Bid a%fards B. Long Range Financial Policy Develop balance of policy 08/91 C. Business Strategy Plans Police - Update Golf Course -09/01/91 MfgPmfP -m'y , :| "4 j i 1* A . ‘J 'i.V.-f- • . •AREA GOAL AREA OBJECTIVE TATEF ,TArjS4. 8BVICB 0BLIVE8Y ContinuedD, Service Reviews•9i STO Engineering services conplete :i/^. •90 STO Lejal services corrplete 39/91 i?i7 •‘.■"■f. •91 STO (B) •91 STO (O E. Street Lighting F. Nbodhill Oountry Club/ Determine policy 33/91 37/91 te.'90 STO A. Conpensation Iiipleeient Qaployee Recognition Fonnulate City enployee developnent Explore perfonoance incentive program 07/91 38/91 07/91 U STO A. Oanvunications to Beeidente Determine Program V ..Inplement 06/91 07-09/91 it' .V > V. »«■W-:- i«j£>m PMim - ■$ ■m ' >■ »: mm^-' 'r^iy-:r^-' ift3 % FOR HEETING OF June 10, 1991 LIST OF LICENSES FOR COUNCIL No licenses k > !•> I I ■V 1 V,-* ,i V '.=:L T^'T a V» • •**•• ••»• • ^ f - •* •••-•'''■ •• — *r . - •» I i^-'-'.v.r ' " - • 05/26/91 PR CB PRREGOR EMP • NAME A7020A924 471881060 505662439 474563339 471840871 475443862 472503991 471729281 469526026 475989721 468821018 472529007 468701868 507585424 469686562 468420832 469087884 469087884 474667812 475380151 477500666 475444249 471569863 473141624 477647279 475246099 470118449 504260307 472500574 121262417 472045960 476018974 334506281 474122333 477021779 473108428 468909535 476783251 470700901 469848107 475382983 473746173 4764471S3 469629194 475569177 101268716 472563051 P R ABRAHAMSON. FREDERIC ANDERSON. BRUCE L BERNHARDSON. HARK E BOeZIEN. SUE A BOSHA. JAMIE L BRINKHAUS. JOHN F CHESWICK. GARY B CHRISTIANSON. SAL-V CORNICK JAMES L DEM90USKI . JAY C ENGLISH III. IRVING ERICKSON. KURT R FISCHENICH. DAN T FRITZLER. JOHN M GAFFRON. MICHAEL GERHARDSON. JOHN GOMAN. DAVID J GOMAN. DAVID J GREGORY. JAMES D HALLIN. DOROTHY M HANSEN. STEVEN C CAROL J BRADLEY P FOREST J RICKY 0 KILBO. MELVIN H KLEVANN JR. PAUL J KNUTSON. CHARLOTTE A KUEHN. THOMAS M MABUSTH. JEANNE A MCWHITE. ROBERT B MILLS JR. WALTER H MOROWCZYNSKI. JAMES NAAB, THERESA L NELSON. DAVID D OAS. DANIEL 0 OBERAIGNER. SCOTT Q OBRIEN. RANDY L OMAN. LYLE E PALMER. GREGORY A OUAST, WAYNE A RATHBUN, BARRY J ROBERTS. TIMOTHY W SKREEN. DALE S STEFFENHAGEN. RONA_D STEVENS. BETTY G THOHTON. MARK R HANGING JOHNSON JOSTROM KARNITZ 474663296 TOMCHECK. LAWRENCE 470704804 TOMCZYK. MARK W 475505292 VANG. fgUCE L 468629488 VEE. LINDA S 500403192 WALTERS. LINDA Q 477881539 WECKMAN. STEPHEN J % YTO CURRENT DPT GROSS GROSS 93 182 50 112.50 31 17908 80 1610.30 12 26184 96 2221.36 31 10523 79 958.72 12 5777.14 553.84 42 16716 59 1522 88 31 17600 00 1600 00 31 2078 97 193.37 31 18359 11 1601.89 31 2209 95 1517.41 31 17916 09 1804.83 31 15842 76 1408.48 31 16205 44 1504 93 31 16692 96 1536 00 33 15282.55 1392.25 42 20330 87 2065.71 35 95 47 95.47 35 159 12 63.65 42 14605.27 1298.13 12 13164 47 1199.28. 42 12207 12 1016.64 31 5896 56 519.54 31 17594 55 1527.32 93 540 00 210 00 31 4766 13 482 02 3:23543 64 2150.48 61 510 00 390.00 15 10523.80 958 73 15 22422.57 2048.08 33 19810 55 1743 53 93 147.50 87.50 93 661.51 238.88 31 17289 14 1804.62 12 10676.61 985.69 35 1615.80 240.60 93 558 25 162 25 42 10891.77 1000.59 92 12376 82 998.40 33 15516 88 1392.23 42 10714 47 1067.46 92 14865.81 1226.41 92 12699 14 1349.18 31 11489 63 1232.45 42 12434.75 1032.68 93 13182.75 1200.96 93 675.00 237.00 31 15744.25 1381.68 31 17318.48 1450.76 31 15675.49 1417.28 33 12655.86 1190.28 12 9060.76 862.88 15 12197.82 1056.32 33 9716.13 945.12 57.878.33 * ** - ♦ • ■ •>, r* • ‘ • • . ^!< •. - i .‘t, >v t ‘.' ■• i ■V'-':: > \ ^ *' ^ %> >f.v '! V r- ,, ■ - • .><• • ^t3 r ». « ^ i • • .. ' •• . .''' ■'',m. • tS*: ' • * I;- . ,;.0\ ^ • . ,* •• rr< ... ^ • • :• It* r t . * . • • . .••, ■.- •.. t’. ’ T in V . . • * \ ................. •-. . t . .•«• • •• ^ * • ■ •• • ■■ ••. .•. • - • •'•' ■-• • «<«• • « »* »■ «»*>.:« ■* • * • • * - ; . . * I •' ■3i^'-‘ 7m ' - 'if-.' -■■!•■' 06/30/91 PR: CH PRREGOR EMP f NAME 477361665 BUTLER 16324677 QOETTEN. 473646272 JABBOUR. 469605135 PETERSON D®T YTD GROSS CURRENT GROSS MARY C li 966 68 241.67 1. EDWARD J 11 1450 02 241.67 J DIANN 11 1450.02 241 67 GABRIEL 11 1450.02 241 67 . BARBARA A 11 1300.00 300 00 1.266 68 • ■ ■ ■ ■ • ••^•••. •» .‘f ’ •. j. • - •• * * V ' ■• f. • »•• \» ^ •" ♦ • •■w - .i '4 'H ’M '■a y: .i' !■ fc-' 1991 CITY OF ORONO CHECK NO. DATE 161002 161014 161014 161030 161030 191030 161030 161030 161030 161037 161039 S91039 161039 16106S I6106S 161065 161065 Ar 1B1067 161066 161068 161066 L_ll' 161066 161066 f''161068 161096 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/G4/9I 06/04/91 06/04/91 06/04/91 09/04/91 06/04/91 06/04/91 06/04/91 06/04/91 AMOUNT 43.00 43 00 35.58 25.00 60.56 • 24 24 24 32 24 24 153 10 10 10 SO 10 10 00 • 59 68 59.68 • 364.54 41.00 41.00- 364.54 * 146 53 500 53 752 26 00 00 00 26 596.22 596.22 ‘ 246 00 41 00 41.00- 41.00 41.00 41.00- 267.00 • 868.19 CHECK REGISTER VENDOR A-1 MINNETONKA RENT ITEM DESCRIPTION PUMP RENTAL ALL STAR ELECTRIC ALL STAR ELECTRIC REPAIR TRAFFIC LGT REPAIR AUQIES MOBILE CHEF SANDWICHES EARL F ANDERSON ASSC EARL F ANDERSON ASSC EARL F ANDERSON ASSC SIGNS SIGNS SIGNS BLACKOWIAK 6. SONS BLACKOWIAK & SONS BLACKOWIAK & SONS BLACKOWIAK & SONS TRASH HAUL TRASH HAUL LEAF PICKUP TRASH HAUL SAM BLOOM IRON STEEL BIFFS INC BIFFS INC BIFFS INC BIFFS INC BIFFS INC BIFFS INC 6 BIFFS 1 BIFF 1 BIFF 1 BIFF 1 BIFF 1 BIFFS CARGILL SALT SALT ACCOUNT NO INV 01-4331-249-42 01-4233-249-42 01-4343-129-31 AT &T INFO SYSTEM DATA PROC 01-4340-059-14 AT &T INFO SYSTEM DATA PROC 01-4340-069-15 AT &T INFO SYSTEM DATA PROC 01-4340-129-31 AT &T INFO SYSTEM DATA PROC 01-4340-129-31 AT 6 T INFO SYSTEM DATA PROC 01-4340-174-33ATATINFOSYSTEMDATAPROC01-4340-249-42 74-4802-591-94 01-4233-249-42 74-4331-590-91 74-4331-590-91 01-4343-099-17 01-4343-129-31 01-4348-295-65 74-4343-590-93 01-4232-249-42 01-4331 74-4331 74-4331 74-4331 74-4331 74-4331 290-61 590-91 590-91 590-91 590-93 590-93 72-4234-549-91 06-10-91 PAGE 1 i P.O. • MESSAGE • • •-CKS •••-CKS > • •-CKS ■ * •-CKS •••-CKS •••-CKS •••-CKS , 1991 CITY OF ORONO CHECK NO DATE 161111 161114 161114 161114 •••••• 191143 161143 161143 161143 161143 161143 191143 161143 161143 161143 161154 191154 161154 161157 161157 191199 16116'' 161212 191212 161226 ■Ir 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 09/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 AMOUNT 868 19 * 36 00 36 00 * 65 74 51 00 133 71 250 45 - 145 42 * 5 95 182.80 95.00 283.75 • 1.724 93 278.90 2.003.83 5.500.00 2.30 5.502.30 • 22 50 14.02 36.52 • 25.450.00 CHECK REGISTER VENDOR ITEM DESCRIPTION CHESWICK/GARY MTG CITYVIEW PLMBG & HTG CITYVIEW PLMBG & HTG CITYVIEW PLMBG & HTG SUPPLIES REPR AIR COND PART CYS UNIFORMS CYS UNIFORMS CYS UNIFORMS GLASS CASE UNIFORMS ENGLISH/SHOES DAHLGREN SHARDLOW DAHLQREN SHARDLOW L L ANNEX HWY 12 CORRIDOR ROLF E ERICKSON ROLF E ERICKSON JUNE FEE POSTAGE EXPRESS MESSENGER EXPRESS MESSENGER GRIFFITHS FILE POSTAGE FIRST TRUST CO INC INT DUE 7-1 1■S 06-10-91 PAGE 2 ACCOUNT NO INV IPO • MESSAGE 01-4356-129-31 01-4232-174-33 01-4343-099-17 74-4343-590-93 8 99 COMMERCIAL IIFE/GRP JUNE INS 01-4152-039-12 25 65 COMMERCIAL LIFE/GRP JUNE INS 01-4152-069-15 16.85 COMMERCIAL LIFE/GRP JUNE INS 01-4152-121-31 3.40 COMMERCIAL LIFE/GRP JUNE INS 01-4152-126-31 58.95 COMMERCIAL LIFE/GRP JUNE INS 01-4152-129-31 6.99 COMMERCIAL LIFE/GRP JUNE INS 01-4152-174-33 20.19 COMMERCIAL LIFE/GRP JUNE INS 01-4152-249-42 1.42 COMMERCIAL LIFE/GRP JUNE INS 72-4152-549-91 2.13 COMMERCIAL LIFE/GRP JUNE INS 73-4152-569-92 .85 COMMERCIAL LIFE/GRP JUNE INS 74-4152-590-93 01-4221-129-31 01-4221-129-31 01-4221-129-31 01-4306-299-72 01-4306-299-72 01-4307-059-14 01-4321-059-14 01-3500-000-00 01-4321-039-12 45-4620-906-00 •*»-CKS •••-CKS i •••-CKS •••-CKS i •••-CKS •••-CKS •••-CKS •••-CKS Itfl CXTV OF 0«0M0 CNCCK NO. DATE lfl2ZI lfl22t ltl2SO 1«12»2 Hl2il 111214 ltl2fl ltl2tl ltl2tl ltl29S 1D1303 131303 161303 161303 161303 (•1^ •16130S 161330 06/04/61 06/04/61 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 :.• - ’ Vil"'1 ’■ 'f ■ • I’l: ' AMOUNT 2,545.00 2,545.00- 25,450.00 * 55 00 55.00 920 00 920.00 • 134.00 134.00 • 38.40 38 40 * 4.24 17.26 12.43 33 93 * 131.52 131 52 • 111.8 111.8111.8 111.8 111.8 111.8 545 62 545.62 • 150.75 150.75 • CHECK REGISTER VENDOR FIRST TRUST CO INC FIRST TRUST CO INC DONNA QANQELHOFF GOLF CAR MIDWEST QOVERNMT TRAINQ SERV HAPPYS POTATO CHIP HALLIN/DOROTHY HAUIH/DOROTHY HALLIN/DOROTHY HENNEPIN CO-OP SEED HENN CTY FIN DIV HENN CTY FIN DIV HENN CTY FIN DIV HENN CTY FIN DIV HENN CTY FIN DIV HENN CTY SHERIFF DPT ICHA RETIREMNT TRUST ITEM DESCRIPTION INT DUE 7-1 INT DUE 7-1 DEER PICKUP CART RENTAL CLASS CHESWICK CHIPS MILEAGE MILEAGE MILEAGE STRAW/STAKES ROOM/BOARD APR ROOM/BOARD APR ROOM/BOARD APR ROOM/BOARD APR ROOM/BOARD APR APRIL BKG FEE ICMA 5/13-5/27 ACCOUNT NO. INV 45-4620-908-00 45-4620-908-00 01-4360-185-35 74-4331-590-93 01-4356-129-31 74-4802-591-94 01-4356-039-12 01-4381-039-12 01-4381-040-13 01-4233-249-42 01-4358-050-16 01-4358-050-16 01-4358-080-16 01-4359-090-16 01-4359-090-16 01-4358-080-16 01-4140-039-12 06-10-91 PAGE • P.O. t MESSAGE •••-CKS •••-CKS ***-CKS -CKS -CKS -CKS •••-CKS •••-CKS -CKS •••-CKS ■1 ■i ■i i I rr 1991 CITY OF ORONO CHECK REGISTER CHECK HO DATE AMOUNT VENDOR ITEM DESCRIPTION ACCOUNT NO TN> 161334 06/04/91 15 00 15 00 • INNOVATIVE MICROGRAP COPIES 01-3500-000-00 161335 06/04/91 63 00 6 3 00 • ILLIES A SON DIRT 01-4233-249-42 161350 06/04/91 120 00 120 00 • INTL INST-MUNI CLKS MEMBERSHIPI21 01-4380-039-12 161397 06/04/91 5.95 KUEHN-THOMAS COSGROVE LABELS 01-3500-000-00 161397 06/04/91 2 98 KUEHN-THOMAS MILEAGE MAY 01-4381-039-12 161397 06/04/91 77 28 KUEHN-THOMAS MILEAGE MAY 01-4381-069-15 161397 06/04/91 2 98 KUEHN-THOMAS MILEAGE MAY 01-4381-129-31 161397 06/04/91 15.76 KUEHN-THOMAS MILEAGE MAY 01-4381-174-33 161397 06/04/91 11.91 116.84 K'* HN-THOMAS MILEAGE MAY 73-4381-569-92 161402 06/04/91 7.293.25 7.293 25 • LAKEMTKA CONS DIST QTR FEE 01-4380-020-11 161404 06/04/91 81.31 THE LAKER AD 01-4323-039-12 161404 06/04/91 56.19 THE LAKER AD 01-4323-174-33 161404 06/04/91 14 79 THE LAKER AD 72-4323-549-91 161404 06/04/91 22.20 174.49 • THE LAKER AD 73-4323-569-92 L .j 161439 161439 161439 06/04/91 06/04/91 06/04/91 38.35 15.83 367.95 422 13 • LONG LONG LONG LK LK LK FORD TRACTOR FORD TRACTOR FORD TRACTOR PARTS PARTS WEED EATER 01-4342-290-61 74-4232-590-93 74-4560-590-93 t 161441 06/04/91 12.50 12.50 • LONG LAKE TIRE SERV REPAIR TIRE 01-4342-249-42 ■ k:. k V- :161477 06/04/91 27.16 27 16 • MIDWEST BSNS PROD PRINT WHEELS 01-4210-039-12 W:: 161480 06/04/91 518.48 MIDWEST ASPHALT ASPHALT 01-4233-249-42 • ' ' V i: 06-10-91 PAGE •••-CKS ••*-CKS •••-CKS • ft *-CKS ••*-CKS •••-CKS •••-CKS ***-CKS ll*lri>^wa-r J991 CITY OF 090N0CHECK NO DATE 161491 161499 161S22 161562 161562 161562 161562 161562 161562 191562 161562 161562 161562 161565 K 161592 r 161590 161597 161599 161621 161921 161621 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 '•V., .'V AMOUNT 519 48 * 156 42 14 90 171 32 172 36 172 36 • 42 238 123 9 IS 26 125 39 9 7 639 30 81 32 29 63 05 37 01 76 72 26 * 1.134 70 1.134 70 • 39 89 39 89 • 584.97 584 97 • 4,228.93 4.228 93 • 12.00 12.00 • 827.00 756.00 462.00 CHECK REGISTERVENDOR MN CELLULAR TELE MN CELLULAR TELE MTI DIST CO NSP NSP NSP NSP NSP NSP NSP NSP NSP NSP NSP OMAN/LYLE OTTEN BROS PUBLIC EHPL RET ASSN PERA INS PHYSICIANS HEALTH PHYSICIANS HEALTH PHYSICIANS HEALTH ITEM DESCRIPTION TELEPHONE TELEPHONE PARTS UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES UTILITIES ST LGTS MILEAGE SUPPLIES PERA 5/13-26 JULY INS JUNE INS JUNE INS JUNE INS 01-4320-129-31 01-4320-249-42 74-4232-590-93 01-4324 01-4324 01-4324 01-4324 01-4324 72- 4324 73- 4324 73-4324 73- 4324 74- 4324 099-17 123-31 249-42 249-42 290-61 549-91 569-92 569-92 569-92 590-93 01-4325-249-42 01-438; W4-33 01-4233-249-42 01-2031-000-00 01-4152-129-31 01-3872-000-00 01-4151-039-12 01-4151-069-15 •**-CKS •••-CKS •••-CKS •••-CKS -CKS •••-CKS •••-CKS •••-CKS 106-10-91 PAGE 5* ACCOUNT NO INV. • P.O. t MESSAGE 1 -;>V‘V,:^;-^. .j .: ..V::.J!J-' /' ;'■" '- -- : •■■ • /r'’ 1991 CITV OF ORONO CHECK NO. DATE 191621 161621 161621 161621 191621 161621 161621 161626 161626 161626 161626 161626 161626 161626 161626 191626 161626 161926 161626 161626 161626 161661 161692 161665 161665 161665 161697 161719 i: 161740 . . . 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 06/04/91 AMOUNT 294 420 1.177 379 1 .155 89 133 5.692 1.119 8.135 88 499 2.425 1.946 444 272 88 426 53 53 64 69 15.687 00 32 16 00 00 20 80 48 20 79 92 00 04 35 95 95 00 39 80 80 00 40 59 • 72 14 72 14 • 89.20 89.20 ^ 200 00 100.00 100.00 400.00 37 65 37.65 • 557.13 557.13 • 119.80 CHECK REGISTER POPHAM HAIK A ASSOC LEGAL CONSULT APRPOPHAMHAIKAASSOCLGALPROSECTNAPRPOPHAMHAIK&ASSOC LEGAL CONSULT APRPOPHAMHAIKAASSOCG NELSON LEGAL APRPOPHAMHAIKAASSOCLEGALCONSULTAPRPOPHAMHAIKAASSOCL L ANEX 105POPHAMHAIKAASSOCLEGALCONSULT APRPOPHAMHAIKAASSOCLEGALCONSULTAPRPOPHAMHAIKAASSOCLEGALCONSULTAPRPOPHAMHAIKAASSOCLEGALCONSULTAPRPOPHAMHAIKAASSOCLEGALCONSULTAPRPOPHAMHAIKAASSOCLEGALCONSULTAPRPOPHAMHAIKAASSOCLS 88NICHOLS EASMNTPOPHAMHAIKAASSOCLEGALCONSULTAPR SCHARBER & SONS INC REED VENDING LAURIE K SCHEFFLER LAURIE K SCHEFFLER LAURIE K SCHEFFLER SCHARBER & SONS DIXIE PETRO-CHEM STREICHERS PARTS CIGS & CANDY MAY MTG MAY MTG MAY MTG PARTS CHLORINE BATTERIES 01-4301 01-4302 01-4303 01-4303 01-4303 01-4306 24-4399 24-4399 24-4399 24-4399 72- 4303 73- 4303 73- 4531 74- 4303 080-16 080-16 080-16 080-16 840-71 299-72 454- 00 455- 00 456- 00 462-00 436-84 434-82 569-92 590-93 01-4232-249-42 74-4802-591-94 01-4306-039-12 01-4306-174-33 01-4306-290-61 01-4232-249-42 72-4234-549-91 01-4232-129-31 06-10-91 PAGE VENDOR ITEM DESCRIPTION ACCOUNT NO INV. 6 P.O PHYSICIANS HEALTH JUNE INS 01-4151-121-31PHYP’CIANS HEALTH JUNE INS 01-4151-126-31PHY riANS HEALTH JUNE INS 01-4151-129-31PHYi,.CIANS HEALTH JUNE INS 01-4151-174-33PHYSICIANSHEALTHJUNEINS01-4151-249-42PHYSICIANSHEALTHJUNEINS72-4151-549-91PHYSICIANSHEALTHJUNEINS73-4151-569-92 •**-CKS •••-CKS •*»-CKS •**-CKS •**-CKS •••-CKS ] •J iS'# ■nWTm■: - • • ft.. 1991 CITY OF ORONO CHECK NO. DATE 191775 191775 191169 06/04/91 06/04/91 r 191915 06/04/91 191915 06/04/91 191915 06/04/91l .* L.191915 06/04/91 191915 09/04/91 191915 09/04/91 L 191915 09/04/91 191915 06/04/91 M:191915 09/04/91 191915 06/04/91 191915 06/04/91 «a:- m 191141 06/04/91 09/04/91 r* ....-. .J V 1 •. CHECK REGISTER ti AMOUNT 119 80 * VENDOR ITEM DESCRIPTION 505 00 200 00 705 00 TOWN & COUNTRY TOWN & COUNTRY JUNE CLEANING JUNE CLEANING 721 85 * 183 12 183 12 • WATER PRODUCTS CO WTR MTR 1.925.00 1,925 00 • WIDMER BROS REPAIR LS 81 06-10-91 PAGE 7 ACCOUNT NO INV • P.O • MESSAGE 01-4343-099-17 01-4343-129-31 79 08 US WEST COMMUN TELEPHONE 01-4320-039-12 79 08 US WEST COMMUN TELEPHONE 01-4320-059-14 39 53 US WEST COMHUN TELEPHONE 01-4320-069-15 58.83 US WEST COHHUN TELEPHONE 01-4320-129-31 79 ca US WEST COMHUN TELEPHONE 01-4320-174-33 64 47 US WEST COMHUN TELEPHONE 01-4320-175-34 79.07 US WEST COMMUN TELEPHONE 01-4320-249-42 11 86 US WEST COMMUN TELEPHONE 72-4320-549-91 27.67 US WEST COMMUN TELEPHONE 73-4320-569-92 78 98 US WEST COMMUN TELEPHONE 74-4320-590-93 124 20 US WEST COMMUN ADV 74-4323-590-93 72-1273-000-00 73-4344-589-92 191975 06/04/91 8 22 8 22 A WRIGHT HENN ELECTRIC UTILITIES 01-43:4-249-42 ;■ , 191901 06/04/91 205 68 205 68 A PRECISION TURF AOUAZINE 74-4343-590-93 191903 06/04/91 670 00 670.00 8k ARCA MINNESOTA INC APPLIANCES .348-295-65 191904 06/04/91 212 00 212 00 ft CUMMINS ALLISON CORP SHRDR MAINT AGRMNT 01-4342-099-17 W 191905 06/04/91 62 25 62.25 ft MN TRUCKING ASSOC BOOKS 01-4210-249-42 •**-CKS •••-CKS -CKS •••-CKS •••-CKS -CKS • tk • .CKS •••-CKS i J i -i J ■TT>-•V-■i:;rCHECK NO Of ORONO CHECK REGISTERDATEAMOUNTVENDOR ITEM DESCRIPTION 49,129 75 1,232 29 25,450 00 1,905 56 2,413 65 2,377 96 FUND 01 TOTAL FUND 24 TOTAL FUND 45 TOTAL FUND 72 TOTAL FUND 73 TOTAL FUND 74 TOTAL GENERAL FUND PERM IMPROVE REVOLVING F 1985 IMP BOND D/S FUND WATER OPERATING FUND SEWER OPERATING FUND GOLF COUR..C OPERATING FD 92,109 21 TOTAL ACCOUNT NO 06-10-91 PAQE INV • P.O • MESSAGE !?*<-.<■ . • .* '» r •: K- > : 4- ^ ,-,jW r- : <^:HO'-i - ___m j't'JZ^. f.'li .Ai<.•:• W-^ V ^■■. ■-7 ■?i 1 M ..li M m '1 5,■ k i %I H"'' K ■ -r* ■ ]■ D'W 1 . i' # A ot COUNCIL MEEHNC JUN 1 0 1991 CITY OF ORONO ■ ' xi: •». •PI \ . -f 19 WESTONKA PUBLIC SCHOOLS!^'DEPE\CE\T SCHOOL DISTRICT NO J77 5600 LYNWOOD BOULE'. ARD • MOUND. MINNESOTA 55364 May 28, 1991 TO:Westonka School &oard District #277 Community Education and Services Council Westonka Area Mayors and City Council Members Westonka Area Legislators Hennepin County Commissioners The Sc‘ool Board of Westonka School District No. 277 annually complies with M.S. 275.125 by holding a meeting for all affected parties regarding the pjjogfam and budget of community services. This year the meeting is scheduled for 7;30 p.m. in the District Lecture Hall of the Westonka Community Center on Monday, June 10, 1991. Another year has passed in which community education and services in the Westonka School District have significant achievements and are pointing toward exciting new ventures. It is hoped that this meeting will promote continuation of fruitful discussions between the School Board and many other bodies or individuals on the subject of community education and services. After School Board Chair Bob Bittle calls the meeting to order. Community Education and Services Council Chair Dave Kunz will introduce the presentation of the program. certainly hope you will be able to participate in this meeting. Sincerely, L. Smith, Ph.D. Superintendent of Schools fc V - • ■ -rf'. ■■ SUMMJ R WEIjCOME to LAKE niNNETONKA KEEP YOUR LAKE CLEAN - mI'Ih.. I: Lt. • uun Nothing h mart important In the prevention of boating accidents than knowl­ edge and education. The dtuatioru that a boater may face when afloat require more than c ommon sense. It is necessary that the boater acquire the knowMge mi sM esien^ in fulMng his/her role as "Skipper' of the craft. V but the ultimate responsibility for safety in not tidth the gevensmertt but with the individual boater. That boater who knows hew to operate a craft legally and safely will get the most enjoyment Isom boadng actMty. A oopp of the c omplete ordinarKCS govemirtg the lake are available at the lake ■ rkt, Heisnepln County Sheriff's Water Patrol or Jht Inland Rules ol the Road—and other too~-«fC09nizes thiee types ol "passing*' site ations—meeting, crossing, and overtalung Spedfk procedures are established to govern the actiom ol both vessels in such erKOunters. tf- The vend In a crossirsg situation that has the Other to starboard is the "burdened" vessel and mud ghe way. The other Is "privUedgecT In this situation. Hence a ^'danger lone" enists horn dead ahead to two points abaft the star­ board beam, within which a crossing vessel ti«Oitright-oi-way. ■.' WHEN OVERTAKING Whpn overtak mg another vesvel pa^^ when wife /■ I Overtaking When wdterrraft are running m the Name direction, the < raft which astern shall pass only when there is sutficient dis tame between the craft \o i! can do so safely arsd only at such speed that its wash or wake will not endanger the craft being passed or •Is occupants No person operating a water craft shall abruptly change its course without •irsl determining that it can be safely done without risk of collision with another craft Allhcxjgh the smaller craft Isas moved up into the osredaken vessel's “dan<|er /one." the rH alive right.of way has not chanc^ed and she *s sI'H burdened and must make any necessary course and/or speed changes to pass safely 1 CROSSING When crossing, yield to the vessel on your right When watercraft are crossing courses, or approaching each other obliquely or at right angles, so as to involve nsk of collision, the craft which has the other on its own right shall yield the right-of way In any encounter between the two vessels where one has the righi-ot way over the other, both have reponsibilities, not only must the burdened vessels give way; the priv- •lodged vessel has the duty of maintaining her course arsd spe^ APRROCHINC - When approaching head-on or nearly so, pass to the right When watercraft are approaching each other head on, or rsearly so, each shall turn to the right a sufficient distance so that they will safely pass When the course of an approach- .ng craft is so far to the right as not ot be considered as meeting head on. each shall maintain its course arid pass clear In marly head on meeting situation, both vessels must give way to starboard, neither has the nght of way 4 SAILBOATS - Yield to sailboats emept when they are overtaking Sailboats under sail alone shall have right-of- way over all other watercraft underway except when overtaking such other water­ craft In any erKOunier between a saitirtg vessel artd a power.driven vessel, the former has the right of-way uiTless she should be overtaking the other I r- LAKE MINNETONKA CONSERyATION n DISTRICT >i- ^ "-4- V ; , ' 4 ♦ OHONO \WAYZATA Ar MOUND 2 ^ fli :V> y \ 1 ^ 7 ''' y '' ■^'^z •* ^ SHOREWOOO ♦victowa 'J J. . MINNETONKA ^ * A 1 SO' Irotn thorelinr “QUiiT Rwrinr and -9uof<tr areas Rrocttd K minimum wake along shoreline and in ocher areas as indkated on Lake Minnetonka 911 & E OfMP Bay 7 (QiMA iar Otm A oomr ) R borm ) a CvRoraBar EMERGENCY W'f- -V iCJi fc j,I ■? - SYNOPSIS Of THE LAKE MINNETONKA CONSEirVATION DISTRICT BOATING ORDINANCE HENNEPIN CO. SHERIff'S DEPT. WATER PATROL DIVISION DON OMODT SHERIf f WATERCRAfT means any contrivance used or designated for navigation on water ACE MINIMUM fOR OPERATOR Of WATERCRAfT - tucept m case of an emergency, no person under the age of 1} shall operate or be permitted to operate any watenraft. Including a personal watcrcrafL propelled by a motor with a factory rating of more than 24 hors^wiNer unless there is present in the watercraft in addition to the operator at least one person of the age of 18 or over. No person 1 3 years of age or over but less than 18 years may operate a watercraft over 24 hp without possessing a valid ‘•''ators permit imm the MN ONR. PiMONAL WATERCRAfT means a watercraft less than 14 feet in length powered by a wHer Jet pump and which can be operated by persons sitting, standing or kneeling ALL WATERCRAfT LAWS APPLY TO PERSONAL WATERCRAfT UNLESS THEY CONFLICT WITH PERSONAL WATERCRAfT LAWS, IN WHICH CASE THE PERSONAL WATERCRAfT RfcSTRIC HONS CONTROL. fptod Restrictions. No person shall operate a personal watercraft at a speed in excess of Rue mies per hour or at a speed which results in more than a minimum wake withm 150 feet of any shoreline, swimmer, anchored boat, person fishing, mooring, dock or other water structure. Between 1 SO ar>d 300 feet of shore, the five mile p>er hour and minimum wdw restrictiom apply unless the personal watercraft is being driven perpendicular to the dmine end to or from the nearest point of water 300 feet from the shoreline or parallel IB the slionRine in a norwepctitivc manner. Other Restrictions No person shall operate a personal watercraft with an altered, dto« jhfed or removed automatic cut-off cSevice lumpirsg the wake within 150 feet of irtother AMf! 's prohibited Careless or reckless operation of a personal watercraft, such as l9^ Aeav’fig through congested boat traffic or swerving close to another watercraft, are pro- »vbifed Operation of a personal watercraft in a single area for nwe than 30 consecutNt fTi.nu»e\ suih may cause annoyance to others is prohibited. Operation is prohibited t^rtArvi^ sumet and sunrise U S Coast Guard approved personal floatation dcUces must .N..rn at alt times when on a personal watercraft The minimum age provisions for A ueri raft operators apply to operators of personal watercraft as well. Rental of Personal Watercraft No person shall rent a personal watercraft of any kind to a pf*rs. Aho IS less than 16 years of age or who is age 16 to 18 and r>ot in possession of an 'a r s pprm»» required by law Persons renting personal watercraft must provide to fs a summars of laws and rules governing the operation of personal watercraft, ns^ui t <»n as to the actual operation of the personal watercraft, and a U S. Coast Cuaid ,u>r'' -’mI personal floataticm device MINIMUM WAKE DEFINED lor the purposes of this section, a minimum wake is the Ads* ^'(^vinq out from a watercraft and trailing behind in a widening "V* of insufficient si/t iffecI other watercraft or be detrimental to the shoreline DPI RATION ^uwing porsoi, on water skis or Other device Observers Required Watercraft may not be operated to low a person on water skis, an a(tuaptaf>e surfboard saucer or similar device, unless there is in such watercraft another pf rst*n :n ailditton to the ope»^ator in a position to continually observe the person being ie»ved The opiTjtor of su».h watercraft shall be at least 12 years of age and must watch wfiere tf-ie watercraft o being driven at all times The secorul person on board shaN act as opM-r^f f of the person being lowed, shall be at least 12 years of age and shall watch the person Of persons, being lowed at alt limes Additional age restrictions for operating wa'ercratt over 24 hp are described in AGE MINIMUM section above Hours No person shall be towc'd, or shall operate a watercraft towing a person on any su( f^ ilevut on the lake at any time from one-half hour after sunset to sunrise of the day ♦(>llc»w*rig No person shall be lowed, or shall operate a watercraft towing a person on any such jevu e un'ess the person being towed is wearing a life vest, belt Of Other buoyant dc^e. If thr buoyant device worn is not a U S Coast Guard approved personal flotation device, a u s c oast Guard approved personal flotation device must also be on board and readily a< u-wblc to the person being towed No person shall be towed by a rope, cable or other towing device longer than 85 feet, eki ept Aitf'. the written permission of the sheriff Not more than tfuee persons may be towed at one time, except with the written permis- uon uf the sheriff No person shall operate a watercraft when towing a person, and no person being towed shall (ome within I SO feet ol any bathing area, skin or scuba diver's warning Hag, swim­ mer, raff, watercraft, dock or pier except The raft, cfock or pier from which operating. No person shall drag an unoccupied low line behind a watercraft fcK an unreasonable length fit lime No person shall tow or be lowed into or through any marked channel connecting two iHxjies of water of the lake No watercraft may be operated on the lake at a speed in excess ofMAXIMUM SPEED - the following limits a 40 miles per hour during the daytime; b 20 miles per hour during the nighttime, c S miles per fiour in the following areas • a quiet water area. • that area within 1 SO feet of the shoreline of the lake. • that area within 150 feel of an authorized bathing area or swimmer, an authorized sr uba diver's warning flag, an anchored raft or watercraft, or a dock or pier except t.hat from which the watercraft with a person in tow is being operated. QUIET WATER AREAS — No person shall operate a motor operated watercraft, including waterborne aircraft on those areas of the lake at a speed in excess of 5 miles per hour, or at a speed which results in more than a minimum wake. The areas of the lake restricted Id mMt mm St \Mi% norlh Mack Uka, Canons lay, tmeraid Lake, ExcHsiof lay, SMMi lakt, UMs like, and the causeway area of Wayzata lay; ar>d Grays lay 4 p m ^n- Mm H fiiMiiiaht Sundays, and holidays. The above also pertains to the following chan mm AfCato lay to Crystal lay); Mack Lake-Spring Park lay; Noerenberg, Hen Lake-Cooks Setoo arsd north Seton; Narrows, Tanager Lake, Grays lay-Wayzata lay, forest Lake; Zimmermans liQ Island; Seton Lake-Emerald Lake; Hack Lake Seton Lake; is lay; Ubbs i.ake channel from Grays lay; the two channels in Tonka lay from Gideons lay; Wayzata municipal channel, the ^ Htand and West Point; the narrow point of North Arm (Windjammer hoM); the south shore of Maxwell lay from Noerenberg lodge to loy Scout lodge, kiMfnbewg kdit and Coffee Cove. — No person shal operate a watercraft m such manner that its wash udl endanger, harass or unrwcessahly interfere with any other person or property Mdl Aker all. No person shall operate a watercraft m a manner whKh mien- dUMilly obstructs Of inierfeies w^ the larHling, take-off or taxiing of any ;«'rcraft If. Small watercraft shall not insist on the right-of-way, nor umwoumrily Impede the pa ssag e of large commercial vessels. whKh are resincted m their abMiy to maneuver by size* ck ah, or spc^. lAiMWMC — No person shall board, use, damage, or tamper with a watercraft, except the Meier or a person haei ng the owner's consent, except as provided by ordinance CAilACifY 01 WATUCMfT — No person shall operate a watercraft which is loaded with pMMipM or cargo beyond its safe carrying capacity, or which is equipped with any motor or Odiv pPBpubion machincfy beyond its safe power, , , capacity The B.I.A. or O.B C rating, if _ ^-----not be eecceded as to loading or power. Other unrated or expenmental water MM mud comply with standard O.B.C. rating and obtain a Sheriffs Water Patrol Permit WyiG ON CillNWAI fS Ob DiCKINC — No person shall ride or sit on the starboard or pBft ynwiba or the decking over the bow or tramom or any appendage thereto of any UlQiMtoM whle underway, unless such boat is provided with adequate guards or railing lo paeoant paisefsgen from faking overboard, ar^ rso person shall operate such a motor- bUit uMe any person is so riding or sitting. A motor may not be used on any watercraft unless it is equipped with an midker, unddWMer exhaust or other device which at all times adequately muffles m • presses the sound of the exhaust of the motor so as to prevent excessive or unusual noiik\ and no motor shak be equipped with any cut-out. NOMk —‘^kptfson may not operate any watercraft on the lake so as lo exceed a muse mm of IfdhA at SO ft. or B2dbA on boats or motors built after 1 1 -82. The sheriff may OMTMICnNCCNANNfL - No person shall operate any watercraft in a manner which MMucto Of tends to obstruct the rK>rmal ar>d ordinary navigation of the waters of the ^ IMfon shik moor, attach or hold in any manrser a watercraft to any buoy, other thin moodily buoy, or any other marking device or guide placed in the waters of the lake lyMnt lOlewM authority. No person shall operate, anchor, tie-up, except at a lawful doOL a MfwrrMt In such manner as to obstruct or interfere with the passage of any other water passageway No motorboat shall overtake ‘ “ in the same direction in a channel, closed throttle area. in any such channel in the lake, or jump or dive from any bridge ouBf any such channel. watercraft when underway or in use between sunset and sunnse shall btaguippM uk^and have in operation a red 10 point light to port (left) and a green 10 22?2? (right) In the forward section of the watercraft, visible at least one fMb and a white light visible ak aroucKl the honzoo at a distance of two miles or more. AB MlMMkB^ ukien at arKhor or drifting must show a white light visible from any direc- •mi fnr a dniance of one mke, and such light siiall be lit from sunset to sunnse m authorued sheriff's boat or other police watercraft shall use «rdhp% arid light ofher than a rwmitsg red light. — am sytererat t whers underway or in use, shall have on board and panonal flotation devices meeting U.S. Coast Guard regulations for each person on board and for each person being towed.HOkN WHISTLE. BELL - Motorboats 16 feel or more m overall lei^th shall carry a power hand or mouth operated horn, whistle or bek capable of prockjcmg a sosmdjo^ kl least two seconds and audible for at least one-hak-mke The operator of such motofboato shall, only when reasonably necessary lo ensure safe operation, sound such horn, whistle or bell Proper horn signals are as foliows m a meeting situation; One blast me^s "pass ^x^rt to port", two blasts mean "pass starboard to starboard", three blasts mean "backing from closed area", four blasts mean "danger of collision exists, stop or slow lo bare steer ­ age " Sirens are illegal under Minnesota Statute ftkt EXTINCUISMEk VENTILATION - Fire extinguishers and ventilation must be M txsard in accordance with slate law. Motorboats carryiisg or using fuel or other flam tna^ i>r toxic liquid in a lank or engine which is in any enclosure of the boat shall be equipped with B C charged fire extinguisher and an effKieni natural or mechanical ventilation sys­ tem which will remove gases prior lo and dunog the time any person operates the wM^- V fdft Such fuel or fluid is m an "enclosure" k it is net m contact with the open atmosphere or it It IS kxated m an area where fumes or vapors could accumulate CCftTAIN FLAGS PkOHIBITFD No watercraft other than an authorized water patrol boat Of other police watercraft shall use or display a police, sheriff, or law enforcement offi­ cers Mag. or any device (designed to simulate such a flag TOILETS — No watercraft or other manne conveyarxe upon the waters of the lake shak be equipped with any manne toilet unless also equipped with a treatment device acceptable to the Pollution Control Agency of the Stale of Minnesota Rt SIDING ON LAKE PROHIBITED - "Living quarters" means a facility or place where people dwell permanently, seasonally, for more than 10 successive days, or for a total of more than )0 days in ai>. calendar year No person shall use a watercraft as living quarters while it is in or upon the lake. No person shall permit such use, in or upon the lake, of any watercraft owned Of leased by him or otherwise in his custody or under his ccjnlrol. SAFETY INSPECTIONS - The District may establish one or more watercraft testing sta ­ tions for the purpose of testing and inspecting watercraft using the lake or to be us^ on the lake, to cSetermine whether such watercrah complies with the health, safety and noise regulations ol the ordinarxe. THE SHERIFF may direct any watercraft on the lake to be inspected at such testing station, alter due wntten ootKe thereof shaH be first given to the owner of such watercraft or his agent, or lo the operator thereof. UNDER THE INfLUENCE / MANOATORV TESTING - No person shak operate or be in actual physical control of any watercraft white under the influerKe of an alcoholic beverage or a controlled substarxe Any officer who has probable cause to believe that the operator of a watercraft is under the influence may requ^t the operator to submit to chemicki test ­ ing to determine preserxe of alcohol or a controlled substance. The watercraft oper ato r is required to submit to chemical testing. Refusal to submit to chemical testing as preicrMed by law will result in a 1500 00 ovil penalty and will prohibit you from operating a motor- boat for a period of 1 year if you operate a motorboat on the wafers of this state during the period you are prohibit­ ed. you are guilty of a misdemeanor PUBLIC NUISANCES ON WATERCRAfT — No person shall commit or engage, or allow any person to commit or engage, in any conduct which constitutes a public nuisance on the lake CURFEW — Except when accompanied by a parent or guardian, no minor under the age of 15 shaH be on any watercraft between 10:00pm and 6:00am. No minor be tween the age of 1 S and 17 shall be unsupervtsed on any watercraft from 12:<X) midnight lo 6:00 am. WATERCRAFT REGISTRATION — Watercraft must be registered in accordaixe with state law MOORING TO NAVIGATION BUOY — It is illegal lo moor to, or remove, any navigation buoy. FAILURE TO STOP FOR SHERIFF — All watercraft must stop for the Sheriff when signa led to do so ..... 5t* ><■ . V.*'-1-^ ■''siTv- rV^fe' -a- #>■.«*■' :j^.. S:V¥ >«%.■ fcvX ‘F?%. - pr ' "M: iPpiy **' W v'v^..-' ?y • IS#. ^I|! t >>L C ^l-'.'- |t?f ^ m Channel Buoys ...:M,Always go between I 1 >. A A A.A. X J A A > NIGHT r —Rm Point Buoy vA a 4 » X A A J DA> NIGHT Oanger Buoys A A A A •- HeT l/\l V. /L_#J DAY NIGHT Diver Below ‘ >.A A..^ X a ^>»1A>^>v ^ DAY NIGHT Do not pass between buoy and nearest shore STAY AWAY Do not pass between buoys PROCEED SLOWLY — MINIMUM WAKE Through Channels Within ISO H ol Sho»r DoeV* SAf*’**'0»s S sf'ffi,»*> in Designated Ouiei Watc^ Artvis In All Areas ma-^sefl SLOW DO YOU HAVE? One USCG Approver' ^.ilf Sjve> Pr' Pcts.w. Ar.>.)t.1 0* Required L'shts SPEED LIMITS Properly Lojded Bo.it q,„ 40 M PH Boat Reg.strition fq.^y,, 20 M PH NOISE CONTROL ORDINANCE IN EFFECT The lake Minnetonka Contervallon DUtrIcl It a 9overnln9 body tel up by the ttale Ie9itlalure to enact ordinance! to re9ulate activity on Lake Minnetonka 6 VO I I"'Hi': f^-“ . r •* ,* . ■" ^-:r ■1 : 0#" s ■' 4>. I ,T.- MIF ■w. r\ i. ■ ‘.' * ^ * I g- y ■■':'•,> r- •• li W' ■' - JH-ii '.I- «>; -', ■ rMINUTES OF THE ORONO PLANNING COMMISSION MEETINGHELD MAY 20, 1991 ROLL CALL: . ^ .u .kThe Orono Planning Commission met on the above -ate wi-h -he following memoers present: Planning Commission Chair Charlie Kelley and Planning Commission Members Jeffrey Johnson, Maureen Bellows, Ed Cohen, Charles Schroeder, Candace Rowlette and Sara Moos. Tne following represented the City Staff: Building and Zoning Administrator Mabusth. Assistant Planning and Zoning Administrator Gaffron, and City Recorder Scheffler. Council Representative Mayor Peterson, and CounciImember Callahan were also present, Kelley called the meeting to order at 7:00 pm. (•DPOBLIC HBARING-AMBHOMENT TO ZONING CODE PgRTAINlHG TO ANTENNAS, TONERS. ETC. Mr. Dennis Esterly, an experienced installer of antennas on water towers, was present. Mabusth explained what is allowed under the existing Ordinance in terms of locating antennas, towers, or other such structures, within the City of Orono. Johnson as'od if it would be possible for a company to construct ah office ouilding on industrial-zoned property and install an antenna on top of it. Mabusth replied, "Yer., that would be allowed under the existing Ordinance, as long as the property is owned by the coBipany constructing the building and the antenna. I ^ould just add that neither the* B-6 Zoning District on Highway 12, nor the B-I District makes any reference to antennas. If it is the intention of the City to allow antennas to be attached to a tucure water in the B-6/PUD area, there is nothing in the Code whicn will address that." Mabusth asked the Planning Commission if they would recommend an amendment to the Ordinance. Kelley asked the Planning Commission membe:‘s for their opinions regarding free-standing antennas. Bellows noted that there are several free-standing antennas located in the communities just west of Orono. Srie said, "In ny opinion, the structures are inappropriate for thoae areas, •specially those that use guide wires. I have trouble with the idsa of placing such structures within a residential community such as Orono.” Moos and Rowlette agreed with Bellows. Johnson said, "I agree with Maureen, bu*. I also think that there is a place for such structures. In the future, these structures may become much more prevalent." Bellows added, "Or less so." - 1 - I h PL I:If' 'uw';' r% t ■ to r M.»busth stated that in the case of cellular phone antennas, there may not be a need for the structure to have the height it does now. She referred to information she had provided with her memo which indicates that *s tie une jf cellular phones increases, and the radius for e ich antenna is lessened, the structure need not exceed 40 feet in height. Kelley asked the Planning Commission members if they believe that the City has an obligation to provide cellular phone service to its residents. Rowlette, Moos and Kelley agreed that the City does have an obligation to provide such a service. Kelley said, "The next issue then, if we agree that wa do not want free standing antennas, is where and how we would allow these structures to be located in the City." Cohen asked how many of these structures would need to be placed in Orono to provide adequate service for the several cellular phone companies to operate. Habusth referred the Planning Commission included with her May 16, 1991 memo. to Exhibit it Dennis Eaterly added, "Th'S n imber and proximity of the towers will depend on the geographical terrain of the area and how many people are trying to use their cellular at the same time at any given time of the day." Rowlette recalled that during a presentation, U.S. West had indicated that cellular phone antenn^ss cou d be plac»»d on football field light standards, and church steeples. Schroeder asked Esterly if the cellular phone companies are indifferent about the use of one ISO foot antenna versus 2S 40 foot antennas. Esterly replied, "Obviously, they would prefer to start off with the 150 foot antenna to cover a wide area until population fills in. The cost of constructing each cell site is relatively the same, regardless of the height of the antenna." Cohen asked if placing an antenna on a water tower would be the same as erecting one 150 foot tower. Esterly replied, "If the antenna is located at the same location, it makes no difference whether it is free standing or attached to another structure, it will provide the same amount of service." Moos anked if there could be companies on the same water tower. two antennas from different - 2 - C I ;V!^- r- * ■ • ^ I fC I’y -m. I!"' -'rfo:: - W''. rL ■ V- .■;.i- - • , : MB mr • Im, f ■.».<ir, ^r'-' if: m' I?',fS- f^>5 ■-T* >vr V E»terly replied, "Yen, that i? possible, however, the cellular phone companies prefer not to do that. It is necessary to install filtering devices so the two services do not interfere with each other." Bellows referred to Dannis Esterly's comment regarding the companies constructing one large tower and constructing smaller towers as the population increases. Sne said, "Allowing the construction of one tower within the City of Orono is not going to eradicate a later need for many towes." Johnson stated that one of the issues to be considered is whether or not cellular phones can be catergorized as a public utility. Mabusth advised that the City Attorney had rendered an opinion in that regard which stated that cellular phones could not be compared to gas, electric, or phone utilities. Kelley indicated that he would prefer not to amend the Code, but to address any applications for placing sich structures within the City of Orono as they are received. Cohen indicated that he agreed with Kelley. Mabusth asked the Planning Commission members it they would look favorably on a request to attach an antenna to a water tower» or light standard. \i^s the consensus of the Planning Commission that they would have no objection to placing antennas on water towers. Johnson asked if it would be possible to have a police radio antenna attached to the same structure as a cellular phone antenna. Esterly replied, "There ace design and engineering coneiderations that have to be taken into account. It is quite probable that the ptolice department radio would not cause any problems with a cellular phone antenna. However, a police <Swpartment and paging company may have problems." Rowlette stated that if the Planning Commission basica..ly agrees to locating antennas on w'.ter towers, or similar structures, that the Ordiance should be amended to address that. 5)ia said. "There are other metropolitan cities that have already adopted policies in this respect, and we could take advantage of what they have done. At some point in time we are going to have to amend our Code to address these structures." Mabusth offered to bring back further information pertaining to an Ordinance amendment. - 3 - "j W-L' ‘ ■ it' MiW i:® >-;:Hi'l- <■.4’’ m A:.. p: .:te;..'kM- IS-: ?®S'. ^;T' - .;, f’i. P pi iiP' ft® '«■ i - ■-‘S- • i * -- ' :f' :.i «■,'i'i- -fpih''. a-:--’' . The Planning Cc)fmnission additional information. No point. agreed formal t:-iat action Staff could provide w^s tak-^'* It this (»2)ZOHIIIG FILE *1604 CLAIR ROOD 2215 KKHNOOD NAY CONDITIONAL USB PERMIT/VARIANCE-CONTINUATION Clair Rood was present, and at 8; .0 the Public Hearing on this application. p.m • « PUBLIC HEARING Kelley reconvened Gaffron presented the Planning Commission with Mr. Rood's revegetation plan. He noted that the plan does •oy specific retaining walls or berms, aid asked Mr. those items have now been excluded from his proposal. and Mrs. not show Rot^d if Rood replied that it is his intention to incorporate a retaining wall into his l.indscaping proposal, but that his landscape architect had inadvertently omitted the structure from the plans. Kelley suggested tabling the application to give Mr. Rood the opportunity to meet with his landscape architect and have the plans revised to show exactly what M.r. Rood intends to do on the property. Bellows asked Mr. Rnod if he would also be sure to address the existing fence/pillars in his landscape plan. It was m.nved by Cohen, seconded by Bellows, to hold this Public Hearing in abeyance until such time that the applicant has a revised plan showing the retaining wall/oerm and fence/pillars. All voted aye. Motion carried. (#3)BONING FILE #1S45-T0M a MARYLOU LUTZ 2S8 CYGNBT PLACE VAE1ANCE8-P0BL1C BEARING Tom Lutz was present, and Kelley opened the Public Hearing at 7:D1 p.m. Gaffron gave a brief summary of the this application, noting that th:.s is a original application filed by Mr. and previously owned the subject property. issues involved with continuation of an Mrs. Rodwell, who Kelley asked what the City's standards the proposed privacy wall. are in relation to Gaffron replied, "Staff's interpretation is that anything extending beyond six feet in height would be considered as part of the principal structure, rather than a fence. The six foot wall will be attached to the house, and to the deck which will be 1^ feet above grade level. If Planning Commission wishes to consider this structure as a fence, then a height Variance would be required." - 4 - I' r'' 'tk- f ‘ ''.V*: ■ ■ ■ ^ ' '• i: ' v,^ Sf' * t,' rf ■ JV-. hi/' •y :• tv ■ i' ■ . ■u: • S- ‘4 : vf: & fiSr > » * ■0t- Kelley asked Mr. Lutz if he has discussed his plans with hxs neighbors oniesch side of him. Lutz indicated that neither neighbor raised objections when Rodwell's filed this application, and to his knowledge there have been no subsequent objections. Gaffron advised that the everyone within 150 fact Lutz property were re-notified of the revised plans submitted by Mr. Lutz. Kelley asked M.:. Lutz to state what he believes are the hardships that support his request for i Variance. Lutz replied, "I view the hardships as being the shape of the lot and the rc-zoning of the property which changed the setback requirements from what was required in 1971 when the house was constructed." Bellows asked Mr. Lutz if it is his intention to keep the screen porch as such, aid not convert it into a room addition. There were no comments from the public pertaining to this application, and Kelley closed the Public: Hearing at 7:09 p.m. Bellows asked whether it may be appropriate to place the applicant on notice that any further upgrade to the screen porch nill require additional approval from the City. Gaffron advised that Staff viewed the screen porch as ^ addition to the house, and that enclosing it within tie roof and wall lines of the screened area should be allowed. Tt was moved by Kelley, seconded bv Cohen, to recommend that Council approve the side setback Variance to construct a three-season porch, and side and rear setback Variances to construct a 7‘6" privacy wall. The hardships on which this recommendation is based are the shape of the lot and the change in zoning. Kelley added that, in his opinion, any further requests for Variances to the rear of the property would not be fsvorably considered. All voted aye. Motion carried. (|4)X0HIH6 FILE #1639-IIILLIAM C. a ELEANOR FERRIL 240 monrixLD road ^^^^KeUer*n^ted*^at^William and Eleanor Ferril were present, and opened the Public Hearing at 7:11 p.m. Gaffron displayed a sketch of the Ferril's greenhouse and reviewed the issues outlined in his Kiy 15, lyyi RI#lQO • Kelley asked Gaffron if there has been any opposition to - 5 - Jl w I I'M- ft'/: F- ■ p ■ r. u ’ ■ r; t-’H., m^-ms^ f^--.'ii V- • V ‘ i this plan 'axpressed 'y the neighboring property owners Gaffron stated t lat several neighbor acknowledgements oeen r<*^eived indicating a^^areness of the proposed p'oiectr that ' ‘'in; negative was indicated. had but stated that he had no objection to the front setback Variati. kowiette and Cohen concurred with Kelley. Bellows stated that because the proposed deck is such a iajrge structure, she would tend to look at the greenhouse as part ofthe principal structure, rather than an accessory structure. Mabusth explained that Staff nad first viewed the structure as part of the principal residence. She said, 'After further considerationr Staff concluded that, given the possibility for the deck to be altered, and no longer connectt*d to the greenhouse, the greenhouse would be c«>nsidered an arcessory structure, which wou.'.d located in front of the principal structure. Though that would not pose any significant problem, a Variance %#ould be required. staff believed it made more sense to address the aspect of an accessory structure at this time." Gaffron added that the greenhouse and principal structure will have separate foundations, and that is another factor which led Staff to consider the greenhouse as an accessory structure. Kelley referred to the hardships noted by the applicant for the eight foot side setback, and asked Mrs. Ferril if she wished to elaborate on the location of the Hickory tree in relation to the proposed structure. Mrs. Ferril stated that the Hickory tree will benefit the greenhouse as it will shade it in the summer, and allow sunlight through in the winter when its leaves are gone. She added that leaves on Hickory trees do not come out until late spring, which will also benefit the greehouse plants. There were no public comments regarding this application, and Kelley closed the Public Hearing at 7;20 p.m. Rowlette agreed with the Ferrils' hardship pertaining to the need to locate the greenhouse on the north side of the house. She said that if the greenhouse is to be locatad on the north side on the property to meet the required setbacks, the only options would be to reduce the size of the structure, or remove the deck. She asked Mrs. Ferril what purpose the deck will serve. Mrs. Ferril explained that the deck will provide a means of reaching the windows of the greenhouse when cleaning is needed. - 6 - '■ :;■ •.,• ■ : : •; ^ Johnson agreed wrth Rjwlette, aiding tlat i' w\11 b? difficult for the neighboring properties to see the proposed structure because of tie dense vegetation around tie Fern. property. It was moved by Johnson, seconded by Cohen, to recommend that Council approve a side setbacx Variance, is well as a Variance allowing an accessory structure to be nearer the front or street lot line than the principal structure, based on the hardships set forth in the Ferrils’ application. All voted aye. Motion carried. (•S)X0HIH6 FILE »1640-OROMO LIONS CLUB SBCnOH OLD LOHG LAKE ROAD § HIGHWAY 12 VAEIAMCB-POBLIC HEARING ^ b i c;Kelley opened the Public Hearing on this application at 8:15 p.m Mabusth summarized her May 13, 1991 memo outlining tiie Variances required to install a "Welcome to Long Lake’ sign on property within the City of Orono. She noted that staking will be done by a surveyor to insure that the sign is not placed within MNDOT's right-of-way. be. Kelley asked how far off the traveled roadway the sign must road. Mabusth answered that it must be at least 13 faet off of the Kelley suggested that it would be best if the City of Long Lake would indicate where they would like to place the sign, and then come to the City of Orono for approval of that location. Rowlette noted that there is a "City Limits of Long Lake" sign just west of this property on which they are asking to place the new sign. She questioned why the "Welcome to Long Lake" could not be p?.aced in the same location as the "City Limits" sign. Kelley stated that the "City Limits" sign is MNDOT's and can be located within the right-of-way. It was moved by Cohen, seconded by Bellows, to hold this Public Hearing in abeyance until such time as the location of the proposed sign is indicated. Motion, Ayes—6, Johnson, Nay. l4otion carried. Johnson believed that there was no need to delay a recommendation as the proposed sign is fairly small and should have little impact on the area. («6)X0MIIIG PILE »1641-RICBARD KEAVENY 3145 8B0RBLZMB DRIVE COMIBRCZAL SITE PLAN REVIEW-PUBLIC HEARING At 8s25 p.m., Kelley opened the Public Hearing on this - 7 - i ■ k-- H-^y- ' r.- - '• ;:i ,rt h~ ml U •■?yl ‘ - /*-4 t " '- V’ ^' 7 ‘S'^ rV-Sf: IIto- >|-V y - ■ .•• w:. rV-:^-*’. [is ""rUVi- -•,/■■*» I ■: :'^:>•> m{ ;^-v:-.' r ei m. iK'^yy l^t\I-'h '^-1 - ~My.-r;- m:ttter Mabusth stated that she had spoken to the applicant today and he indicated that tlie structure will ine?t the )5 foot setback. Johnson asked how long the temporary building will remain in this location. Mabusth stated that the process will take five to six years to complete. Kelley closed the Public Hearing at 8;26 p.m. It was moved by Bellows, seconded by Johnson, to recommend that Council approve application #1641, a Commercial Site Plan Review for locating a temporary structure on property owned by Richard Keaveny at 3425 Shoreline Drive. All voted aye. Motion carried. (|7)10H1IK: file *1642-KEITH « NOLA SWANSON 75 STUBBS BAY ROAD NORTH TARIABCB-PUBLIC HEARING Keith Swanson was presetit, and at 7:25 the Public Hearing. pm. Kelley opened Gaffron summarized the iiformation provided in his memo dated May 15, 1991, pertaining to Swanson's application. He stated that the request for a nide setback Variance stems from the need to maintain a suitable buffer zone between the alternate drainfield site and the proposed house. Rowlette asked if access to the house would be achieved from Stubbs Bay Road as opposed to Watertown Road. Gaffron replied, "There is no intent to use Watertown Road, .and ii fact constructing a iriveway to W.itertown R^ad would negate the use of the alternate drainfield." Bellows referred to Gaffron's notation in his memo that this property is located across the street from property that is zoned t%#o acres. She suggested that such a reference not be made in any othar documents as it may place the City in a precarious situation. Bellows also indicated that she w's having a difficult time with this application. She said, 'I am pleased with the aspect of combining the two lots. However..." Kelley agreed with Bellows that the Planning Commission vionsistently takes the stand that new construction must conform to all aspects of the Zoning Code. He said, "In this case, the applicant has acquired additional property br>cause h«? had a deficient lot. He is doubling the amount of acreage and by doing so, is providing a primary and alternate drainfield site." - 8 - 'i ■ !|S' ti.. ^r-- ^ ■ 4 _';■■=■*' S- IT rr %'i' 0B ■""y‘. '.■ V. Si ►tt Kk'^'r U' M- |vr. ; ;?• : 11^^:-.. Bollows said, "However, the lot size is still less than 5>n of what the Zoning District requires." Cohen said, "I look at it this way. The applicant ^^^s no alternatives. He has exercised the only alternative he could, which w.-».s acquiring additional property. I will g-ve tne applicant the benefit of the doubt, a.id agree that the lot is lust slightly in excess of two acres. Though this property is located in what is now a five acre Zoning District, I would tend to look at it more from t!ie standpoint of conforming to the two acre Zoning District requirements. The neighbors seem to be in favor of Mr. Swanson's plans." Johnson a:sked Gaffron whether it woulc be possible for the Stubbs Bay sewer line to ever serve this property in the future. Gaffron replied, "If the Stubbs Bay sewer line ever goes in, it would certainly seem feasible to ser/e this property with SGWcr by gravity sometiine in the future. Gaffron noted that if the applicants undergo i Torrens Proceeding to clear uo the discrepancy with the lot line, it may take some time. He asked the Planning Commission whether the lot is9UQ will have any bearing on their recommendation. It w.%8 the consensus of tho Planning Commission that the ten fQQt discrepancy would have no effect on their recommendation. Moos added that she is more concerned about providing adequate space between the house and the drainfield sites. Johnson stated that the applicant could have come forvi^ard with a Variance request to double tiie square footage of the house, without having purchased the additional property. He said, "It is possible that he would have been granted that Variance." Kelley aided, "He nay not have required a Variance to do that, in which case, he would not have come before the City at all." Rowlette agreed and said, "Then the existing house, which sits right on top of the lot line, would be increasad :.n size with only one septic site." In light of the absence of any public comments on this matter, Kelley closed the Public Hearing at 7:U p.m. It was moved by Cohen, seconded by Johnson, to recoimnend that Council approve the application for a lot area, lot width, and side setback Variance, based on the hardships discussed in the course of this Public Hearing. Cohen stated that in his opinion, the applicants have done everything possible to upgrade the property, and their proposal meets with the neighbor s approval. Motion, Ayes-6, Bellows, Nay. Motion carried. - 9 - L.. ■>. V. ‘r^ ) - ft. it' f' £I (#8)ZONING PILE «1643>DAVID J. NELSON 740 WILLON DRIVE SOUTH RENEWAL VARIANCE-PUBLIC HEARING David Nalson was present, aid a the Public: Hearing. 7:40 pm., Kelley opened Mabusth advised that this 1=5 an application for a renewal Variance and that there are no changes from what had been applied for an approved in the original 1588 application. M,.busth noted that subsequent to the 1988 application, Mr. Nelsvon has installed a new septic system. There were no public comments, and a 7 closed the Public Hearing. 7:41 p.m., Kelley It was moved by Cohen, seconded by Bellows, to recommend that Council approve t.he request for a renewal of nine foot side setback Variance to construct an attached garage. All voted aye. Motion carried. (#9)A.J. GRAF-2008 SUGARNOODS DRIVE REQUEST FOR ADDITIONAL CURB CUT A. Jay Graf was present for this matter. Mabusth reported that she had met with the City Engineer on the site today, and that she could now confirm that the second curb cut would be located where it Is presently staked on the property. She said, "Staff has also confirmed that the eastern access meets a sighting distance -if 2SO feet, however the mailbox and certain trees on the neighboring property may pose a sighting problem for vehicles palling out of that driveway. The City Enqineer has confirmed that the proposed access would work well.” Rowlette asked what impact on traffic circulation there would be if Sugarwoods Drive were to become a one-way street. Mabusth stated that such a proposal was not discussed during the Sugarwoods subdivision process, nor w-?is the aspect of an island separating the ro<id discussed. Mabusth advised that there will be other properties within the Sugarwoods Development that will have the sa.me problem. Kelley stated that, in his opinion, there will not be a significant amount of traffic going through this neighborhood, other than the Sugarwoods residents. Bellows agreed with Mabusth that the islands wex*e not uded in the review process, and seemed to just appear. She ^d that Planning Commission has reviewed this particular property before, and did not unanimously agree to grant a turn-around. Bellows indicated that she would have a proble.m recommending approval of a second curb cut. She said, "We pointed out very early on in the review process of the curb cuts - 10 - p. J k1:4' '!• i' - y«-' !^V’ ■;'A’ .'v' ^ . ■ *■;' ' hi'v ■« ■“I- im i' I'H -fmp' ct- •r' Cf!t" V X ,.‘- •v •. yy ' •- flf.,-:"' ■- > -<■' /L‘- 'i ' tliat my request to deviate from what we on^jinally approved had 5.0 come before as before the lot in question is oevelopeo. I think it is inappropriate for this request t> be before u» at this point." With regard to the amount of traffic on Sigarwoods Drive, Graf stated that there will be three houses constructad for the Spring and Fall Previews, which will generate an enormous amount of traffic. Graf stated that there is also a great deal of construction traffic, and that he does quite a bit o^ business entertaining in his home. He said, "My primary concern is that the property juts in and it is difficult for traffic heading west to see anyone coming out of ny driveway. It is especially difficult to see young children, of which I nave two. Tne second curb cut provides better sight distance for my children to see on-coming traffic up the road, and is much easier for motorists to see as well." K^Xley suggested closing off the existing curb cut. Graf replied, "That would leave me with a significant amount of asphalt in my front yard that would serve no purpose." Kelley asked who had put up the "Keep Righc" sign, and for what reason. Mabusth replied, "The City put up the sign because there is not adequate area for traffic to meet in the section ^^of road on the left side of the island (as you are looking west)." Kelley suggested reducing the width of the center island. .Rowlette suggested removing the center island entirely. Mabustn noted that ’No Parking" signs would also be posted to the right < * the center island(Jeanne--is that correct???)•as you are lookin*. . st. Rowlette stated that she had driven in and out of Grafs' driveway and agreed that sightir is a problem. She also said that she has a small car and had little difficulty maneuver into driveway, but that would not be the case for someone with a large vehicle. Rowlette said, "There are two options, in my opinion. Either v/e grant Mr. Graf's request for the loop driveway, or we take out the center island." Cohen agreed that removing the island wou d soxve the problem. Graf agreed also that removing the island would alleviate his problem. He noted, however, that the island was constructed around two large Maple trees and that Mr. Robers has provided additional landscaping. - 11 - tr I Ti 11% ai ■ il, i ; i V, S;- ' r - I. IS-fe- ■p^-r P-fe-0-: ! *' Bollows indicated that closing off the e.cisting cjrb cut would address Mr. Graf's safety concerns, and that he could then relocate his driveway to the safer point. B:*llows suggested that the issue of the center island should still be reviewed given the fact that other properties will be similarily affected. Moos recalled that t.he ro«id configuration shown to the Planning Commission during the Ps»D p,~ocess indicated cul-de-sacs located in the corners of t.he property, not in the middle of the roadways. Graf stated that he would need at least a existing drive in order to access his garage. oortion of the Nabusth noted that the City Engineer had confirmed that the driveway wou .d ha/e to fan out to provide a turning radius to access the garage. Kelley asKed Mr. Graf i he would prefer to have Planning Commission table his application ao he cou d co.me back with a revised plan s.howing one curb cut. Rowlette stated that the proposed westerly driveway will be steep and that she would prefer not to have it be the sole access for the property. She reiterated that she would either like to see the inland removed, or a recommendation to approve two curb cuts. Moos stated that she would prefer one curb cut, only benefit uf the island, in her opinion, is curtail traffic speeds coming around the corner. and that i.hat is the may Schroeder pleasing, but indicatfjd that the island w-'s placed ii the wrong location. aesthetically Mr. Graf's request stems from the inappropriate location of the island. He said, "I would rather retain the island and recommend approval of two curb cuts." Cohen said, "The trees the inland are pretty, but unfortunately, the island is creating a problem, which we never intended. The Planning Commission intended to have the the lots preserved, but not in the middle of the street recommend one curb cut and removal of the island." trees on 1 would Johnson also preferred one curb cut, needs to be further review of the island. and agresd that thfire Bellows and Kelley concurred with Johnson. Graf indicated that removing the island would not solve the sight line problem with the existing curb cut, and that he would prefer not to have the second curb cut an his only driveway because of the steepness and difficulty to access the garage. ‘ 12 - ir.l:1 Kellev s-atcd t’.nat the traffic from the Fall a.nd Soring It was moved by Kelley» seconded Council deny the second curb cut, property as it is. Kelley indicated the island left where it is. Cohen should be removed. Motion, Ayes-5, Motion carried. by Cohen, to recommend that leaving the access to the that he would prefer to see reiterated tliat the island Schroeder, Rowlette, Nay. hen, seconded b. Moos, to approve minutes of the April 15» 1991, Planning Commission meeting. voted aye. Motion carried. the All (•IDPLAmiMG COmiSSION RBPRESEHTATIVE i i n It was aqr-sed that Charlie Kelley would attend the June 1 , 1991, Council meeting as the Planning Commission Representative. and CouncilmemberOW** o . „The Planning Comrai 'ion, Mayor Peterson, i Callahan agreed to nod tha Joint Planning Commission/Council meeting on June 12, 1991 at 5;30 p.m. MMOaUMOT The May 20, 8:55 p.m. 1991, Planning Commission mseting adjourned at j. ipfci - 13 - r t J; 2^*’ ^ 1 • K'w v::f /:- . K|:- if ,;^V- iff. ■ ■■ d't'; If ,'* r. ■ - '. . > ■'. •■ P^-- LAKE MINNETONKA CONSERVATION DISTRICT A73-7033 Saturday 8 Monday Wadnesday Friday Vadnaaday 5-31-91 S “ r-t ^1 ‘ '-•:sc*o -r Ts»rcn^/'!’? ' J-=i Liai i-s U w —i-s L.M.C.D. MEBTING SCBEDOLS June 1991 JUN _ 1 0 >“»3 --- Uatet Structures & Environment Committee 7:15 a.m., Board for Lake Inspection tour Minnetonka Boat Works docks, Wayzata 7t30 a.m., departure, prompt Lake Use Committee 4>30 p.m., Norwest Bank Building Wayzata 900 East Wayzata Boulevard, Suite 135 Superior Street, east entrance Advisory Committee 5j15 p.m., LMCD office #160 Norwest Bank Building, Wayzata LMCD Response to Cities’ Draft of Proposed Changes CO Long-Term Management Program 7t30 p.m., Mlnnetrlsta City Hall Eurasian Water Milfoil Task Force 8i30 a.m., Norwest Bank Building Wayzata 900 East Wayz.ita Boulevard, Suite 135 Superior Street, east entrance LMCD Board of Directors' Regular Meeting 7t30 p.m.. Tonka Bay City Hall ■ ;^slE-- f - ^ •' "U.-- :il r* ■t'iilt. :||Pf'^- Ti ri-i V BiS '■.r:<: ■I: .v^'' rS .. 1 *^.. i-- ‘‘ ■. fli fe' M ^'s*m :Vi; i-r ’ ,- -fr'.. ■ i '. ■>/X'»' ;i'i'f!%v.: ■ : ..;••• LAKE MINNETONKA CONSERVATION DISTRICT473-7033 EVENTS SCBEDULE June 1991 Sat 1 10:00 am Lower Lake races 12:00 n Upper Lake races 2:00 pm Lover Lake races 12:00 n Minnetonka Boat Works Ski Show, Wayzata Bay Sun 2 6:30 am MN/WI Pro-/In Bass Tournament, North Shore Drive Marina 10:00 am Lower Lake races 12:00 n Minnetonka Boat Works Ski Show, Wayzata Bay 2:00 pm Lower Lake races Mon 3 6:00 pm Lower Lake races Tua 4 6:00 pm Lower Lake races Vad 5 6:00 pm Lower Lake races 6:30 pm Upper Lake races Thu 6 6:00 pm Lower Lake races Fri 7 6:00 pm Lower Lake races Sac 8 5:30 am Minnetonka Bass Classic, Spray Island 8:00 am Minnetonka Crossing, Wayzata Bay beach 10:00 am Lower Lake races 10:30 am Upper Lake races 2:00 pm Lower Lake races 2:00 P"^Freshwater Foundation's J 6i B with a Splasht milfoil foundraiser» Excelsior Commons Sun 9 10:00 am Lower Lake races 10:30 am Upper Lake races 1:30 pm Lower Lake races 10 6:30 pm Lower Lake races Tua 11 6:00 pm ti ••II Wad 12 6:00 pm II It 99 6:30 pm Upper Lake races Thu 13 6:15 pm Lower Lake races Fri 14 6:00 pm •9 M 19 Sat 15 10:00 am If M 99 12:00 n Upper Lake races (over) ibklw <!_.'& fit.' i v ,c T ‘ • • ■ ' r^-LAKE MINNETONKA CONSERVATION DISTRICT LMCD Events Schedule * June 1991 Sun 5-31-91 6:00 am 10:00 am 10:30 am 1:30 pm American Scholarship Foundation bass tournament, Wawatosa Is. Lower Lake races Upper Lake races Lower Lake races Hon 17 6:30 pm If ft ft Tue 18 11:00 am Minnesota State Sheriff's Assn fishing Bay Park , Cooks Bay Wed 19 10:00 am Lower Lake races 1:00 pn M tt It 3:00 pm ft f f tl 6:30 pm Upper Lake races Thu 20 6:15 pm Lower Lake races Fri 21 6:00 pm M ft It Sat 22 10:00 am M It It 10:30 am ft II It 10:30 am Upper Lake races Sun 23 10:00 am Lower Lake races 11:00 am • •tl It 1:30 pm If If II 4:00 pm Mound City Days ski show. Cooks Bay dusk Mound City Days fireworks. Cooks Bay Mon 24 6:30 pm Lower Lake races Tue 25 6:00 pm M tl tt Wed 26 6:00 pm tt tt It 6:30 pm Upper Lake races Thu 27 6:15 pm Lower Lake races Fri 28 ItOO pm Minnesota Sailing Magazine sailboat show, Excelsior Park Tavern, Excelsior Bay Lower Lake races Upper Lake races 6:00 pm 6:30 pa Sat 29 9:00 am Minnesota Sailing Magazine sailboat show. Excelsior Park Tavern, Excelsior Bay Lower Lake raceslOtOC am 2:00 pm 2:00 pa Upper Lake races Sun 30 9:00 a*n Minnesota Sailing Magazine sailboat show. Excelsior Park Tavern, Excelsior Bay ? A 'r-;. ■■•L-.r_ . h i; H'# ' ; ti 'U ■ V ?r: r ;’<■:ir- V ft "• •'VVV ffevk- ■ . nV:. ftvi' ■h%,. /^< • .■' mfe- IK'.'.' fe,: ■>. ^ f.; y... ... .• r If. fe*/> ■•• if-. . ■ .J • • im' Ki ■K* - LAKE MINNETONKA CONSERVATION DISTRICT May 31, 1991 to:LMCD Mamber Municipality Mayors City Council Members INFO to: LMCD Board Members from:LMCD Chair Dave Cochran SUBJECT: Preliminary Discussion Draft, 1992 Administative and Eurasian Water Milfoil Budget He are pleased to provide the preliminary discussion draft of the 1992 budget for LMCD's administrative and Eurasian water milfoil program. An initial budget draft was introduced at the May 22, 1991 LMCD board meeting. The board recognizes the interest its jn^mbor cities have in being provided time BEFORE the budget is adopted and presented to the cities. This procedure is baing instituted this year to advance the comment opportunity. The LMCD enabling act has provided for a specific budget review procedure, as described in the enclosed excerpt. This baa been the procedure followed in past years. Tott will find the administrative levy amount, at $109,42^, or about 5X over the 1991 budget. This .eount is arrived at by taking the total combined disbursement- and subtracting from it all other revenue items. You will note there are a number of user fee revenue items already supporting the over­ all operation. The significant change in the 1992 budget . Board's recommendation that the Eurasian water milfoil weed control program should be fully funded by government resources. The proposal therefore shows an increase ^he cities' share, with the $170,000 to come from other public agencies reflecting a requirement for increased the MN DHR, projecting an increase from : and the necessity for Hennepin County to back the progr y some $120,000. Securing these two agencies support will take the vigorous backing of our 14 Lake Minnetonka cities. This budget HAS NOT been adopted by the LMCD Board. It will be fully evaluated for adoption at its June 26 meeting. Your city's constructive input is invited before or at that time. •v. ■ ■ iu F% IS ’. &rra. h-’- w>te'i: mWh- ir ^r'-v'pt^''l/r i?. R--'e K' ■/5-1 fe; ■ ?‘I:< P'' -• 1: '. • LAKE MINNETONKA CONSERVATION DISTRICT 1992 Administrac 1-. e Budget P R E L I M I N A R Y D I S C U S S I ON DR A ;■ I' 1990 1990 1991 1992 REVENUE Budget Actual Budget Proposed ’y*• LHCO Communities Admn Levy 89.490 89.490 103,825 109.422 + 5 EW Milfoil Program:1 City Contributions 60,000 60,000 63.000 80.000 + 27 Other Public Agencies 115.000 83,550 102.000 170.000 + 67 Private Solicitation 50,000 49.912 85,000 -0--IOC Court Fines 40,000 40,70*^35,000 38.000 + 9 Licenses & Permits 80,000 76,3'’6 5,000 85,000 + 31 Interest 10.000 13.2 8,000 8,000 -0- Shoreland Rules, ONR Agreement -0-*• *45,000 20.000 2 - 55 Sboreland Rules, DNR Admn/Cons. "0--0-• 5,000 10,000 2 - 33 TOTAL GENERAL FUND REVENUE 444,490 413,253 521.825 520.422 -0- 1 (Introducing lOOt of Eurasian water milfoil annual revenue needs as n (ovornnontal responsibility, see attached explanation.) 2 (Cnrry~over from 1991 Shoreland Grant i.^reement to be spe.i^1992) DISBURSEMENTS Adaiinistration Solari«s 8^,060 Baplo>er Benefit Contr. 13,810 TOTAL PERSONNEL SERVICES 97,870 84,965 13,934 98,899 100.500 14.800 115,300 103,400 17.400 122,800 4- 5 + 15 -► 6 3 (Prjportiouate increase, plus one expense underestimated for 91) Contractonl Services Officn Lease Utilities, Jsnitor.’al Recorder, Temp Secy, Acctg TOTAL CONTRACT SERVICES 15 4.140 1,080 9,830 ,050 4,130 1 , 386 7,448 12,9^4 9.600 1,500 6,575 17,675 10,130 -0- 5.550 15,680 4 5 6 + 5 -100 - 15 - 11 4 (Lease subject to 4.5% annual increase) 5 (Iteas now included in new office lease) 6 (Eliminated temp lake inspector, outside acctg quarterly pnports• now done in~housej audit dene by outside contractor) OEfico & Administrative Office, General Supplies Telephone Printing Legal Notices Maintenance, Office Equip Subscriptions, Memberships Insurance, Bonds Mileage, Expenses, Training TOTAL OFFICE & ADMN. 2,900 4,668 3,075 1,400 1,430 1.475 1,900 3,100 2.280 1 , 500 1,675 1,500 1,000 2.270 500 1 , 500 933 3.400 210 25 210 3.500 5.024 5,050 1,300 1 , 704 2.360 15.210 20,829 19,850 3,500 2,350 4.000 2.000 3,000 1.700 200 5,200 2,300 24,250 7 8 9 10 + 14 •• 5B -► 75 + 33 +500 - SO - 5 + 3 - 2 + 22 JBidiki ¥ i:... 'A 7 (Add third line for FAX and increased phone service demands) 8 (Anticipate more mail communications with increased fees. ’ ‘«ruin. n.w dock Uc.n.os: 10 (Over-eetimated computer maintenance costs in 19 1 g 1990 Budget 1990 1991 Actual Budget 1092 P roposed «r Capital Outlaj Furniture, Equip.2.500 ^,914 3.000 2.000 11 TOTAL CAPITAL OUTLAY 2.500 2.914 3,000 11 (Provinion for minor equipment upgrades) TOTAL ADMINISTRATIOII = = = = = ?= 1 = = = = = = 2.000 33 33 164,730 + 6 tatal Lafal Services Prosecution Process Service 10.000 13,500 1.400 15.493 25.443 42 20.000 20,000 500 18.000 25.000 12 300 - 10 + 25 - 40 TOTAL LEGAL 32,900 40,970 40.500 43.300 'T f 12 (Pr....»tlo» und.r..tim.t,d in 1991 budget. .»pens. --.l.t.d to revenue) tcoaeulting Services Long Term Management Plan Shoreland Rules Consultant 42.960 -0- 34.313 270 -0- 12.500 -0- 13 10,000 14 TOTAL CONSULTING SVC 42,960 35,083 12,500 3,000 - 20 - 20 to be spent in 1992) I ike Data Collection/Publication Aerial Survey Lake Uae Study -0- Ifetlend Inventory Mapping Public Information M'Soo Public Access Use Studies 5.000 -0- -0- 2,003 -0- -0- -0- 5.000 4.000 12,000 15 1,500 3.000 4.000 +100 + 100 - 40 -0- 2 083 9,000 20,500 +127 TOTAL COMMITTEES nn everyother year basis with“ iriiinii s:t:rj:;:n :sti™.tmg =c.t co.,«.bi. t, •.*> I-’ 1,077 1,077 9,000 9,000 11,892 11,892 + 32 + 32 TOTAL ADMIN. DISBURSEMENT 239.390 214,827 226.825 250.422 10 ■ Hilfoil (EMM) t Procraa 1990 Budget 1990 Actual 1991 Budget 1992 Proposed Of /• Trucking Personnel Adao» UC Ins, PICA Operation Supplies Contingency TOTAL EWM DISBURSEMENTS -0- 62,400 68,175 39,170 25.355 10,000 205,100 -0- 54,400 65.284 49,769 21,260 -0- 190,713 114.000 32.000 45.000 31.000 16.000 12,000 250.000 114.000 32.000 4 3,000 31.000 16.000 12.000 250.000 16 -0- 0- 0 0 0 0- 0- 0- 16 (Adjusted 1991 and 1992 item to delete chargeback to EHH budget) $13,000 in admn salary IiV ilMraiaad ■alas Sbereland Rules City Grant Agreement Reimbursement TOTAL SHORELAND REIMS -0- -0- -0-45.000 45.000 20.000 20,000 17 55 55 1? (Carry over to 1992 budget) TOTAL COmiHEO DISBURSEMENT 405,540 521,825 *^®**??-0- ife:-,. •i: / • 1 ii.' .= ■ 4 k • ip; }>■ •»»«• i*'^'** »a|>r ^ha»>»M*v 5 _ . t* ■ *■ ■ *>• w<r-» nN»/-».i. ««»<. «» 409 LAWS of MINNESOTA for 1990 Ch. 391. Art. 2 employ EES. XllS 0m'« 2f i!l£ disinct ma> ^ executed ^ employees of the tnufiicipalHies (MN L 1967. c 907, $«« 4| 2. EXPENSES. The expenses of the district shall fes borne ^ the municipalitiM. The portion of the expenses of the distnet borne by each munic- inalilY must ^ in proportion to 115 net tax capacity provided that the portion of any one municipality may not feg more than ^ percent of the total ex^nse 2f ]Q| than t200. (MN L 1967. e 907. mc 4; MN L 1969. c 272, sec 3| Sec 54. (I03B.635I FUNDING OF DISTRICT. Subdivision L BUDGET. Ths board must, on or before Ju]i f each year, prepare and submit a detailed budtet of the distriefj needs tbS peM calendar year f£ the 10 vent me body 2f each munictpality iQ ihs district wilji f statement 2f ths ofoaortion sf the budaet t2 ^ provided ^ each municipality. DlS eovemina body of each municipality in the district shall review the budtet and the board, upon notice from a municipality, must hear objections to the budigL After the heanne the board may modify or amend the budl£L Notice must be (ilSC 19 ihe municipalities of modifications or amendments. (MN L 1967, e 907, MCS| Subd. i MUNICIPAL FUNDING OF DISTRICT, faj Ths tovcrnin« body 2£ board gf supervisors of each municipality in the distnet must provide the ^ iTiget its grogortfon of the total cost determiBcd ^ the board. (b) ^ municipality may raise the funds ^ an^ means that ths municipality has to raise funds. The municipalities may each levy 1 tax ngj tg gxcee^ percent gf taxable market value on the taxable property l2P4id IQ !bs dll*ri£! for fundina ((>y distnet. The levy must be within all Other limitations Provided by law. (£] lije funds must ^ deposited m the treasury of the district jn amounts and If times j| the treasurer of the district requires. |MN L 1967, c 907, see 5; MN L 1969. c 272. see 4| See. 53. |I0JB.64I| REGULATIONS OF DISTRICT. Subdivision U AUTHORITY AND EFFECT. Jbe district Qiax rules and rggglaiionf to effectuate the purpose gf iff establishment gnt| fhg powers aranted to the district. <b> The rules and regulations have the ctfect gf an ordinance if ifecl^ff^ ^ the board of directors of the distdci illd SiaiSd in fhg ffile g£ rfip(t(igQ, l£l The ruks and reeulations of fjfg district may ^ enforce^ ^ tljs 4ll lBy to injunction jt addition fg penalties under fhu KSfjPJL l^*N L 1969, c 272, aec6| Subd. 2, ADOPTION PROCEDURE. Uf A QllS 2£ fttOlitigl iDUSi ^ . v. I** I Bracketed ftraaraph cite Itxl swuee*! ,r.‘ New Isugaat* •» Indkaied by underline. 4 «leUewe by Meibeau*. ‘V • . Ibf I-Ry . 4..ai«.*ii»«% >* • . X '*. L:.'. \ <■* •. o- ' ’ )W' iM n-’,. ■a-1■h? r .* f'■ .‘UV/-- ir^ ; . r. m: P'r'A. iv* 4'’^ '••<: ,S'.^;-- 'fii'ip’b- ■' > *1. ■> fffi;.- Fill S\.' May 24, 1991 Dan Flschanlch Orono Police Department PO Box 86 Crystal Bay, MN 55323 m Our Personal Injury Accident File; 91-3535 Date of 5-17-9: Dear Dan to commend you for the services rendered toThis Is a letter the victims of an accident at the location of County Road 84 and County Road 19. This accident occurred on Friday, May 17, 1991. Hs received a call from a mother of one of the kids involved In the accident, a Pam Rose, who Indicated that she wanted to give the officers a special thanks for their polite and caring attitude towards the kids in this accident situation. Xt is through the community efforts of surrounding departments working with one another that help create the cooperation and sffsetlvaness that we were able to present to these accident vletlws on this particular date and time. Again, thank you for your assistance In this accident and hope that we can work together with the same oneness and cooperation as we have in the past. Keep up the good work. Sincerely yours, NEST RBinfBPIN PUBLIC SAFETY DEPARTMENT Larry R. Bailey Acting Director LRB;pjk Wut Htnntpin PnbUe Safety Dtpartmtnt / 1620 MapU Avenue / Mapk Plain, Minnesota 55359 Phone (512) 4194)500 / Fax (512) 4794)519 -...y !i * I It; E- i>x' K. Mi t r*i-f-'4'i. - KKh'/ ■iX- mIM: f X iXrv ■ if:If- •iXcr. V»'. -f: [;:f.r.-. '■ ;■ t.vif - y^-:;;V?; ’ ‘ XiXXX-mi-mM Mp ■ -.y ■ - ■ ^ '-'f ' . i •’ } ’. .'Vi X ; :- ■" ‘.Xv- r >r .i' Ki"Vxv.y.'■, LMCD MEMBERS CITIES MEETING SUMI^RY WAYZATA, MINNESOTA 29 MAY 1991 «w‘;;1931 Cities represented included: Tonka Bay, Mound, Peephaven, Orono, Wayzata, Greenwood, Woodland, Spring Park, Minnetonka Beach, Excelsior, and Victoria. Agencies represented included: Council. ITEMS DISCUSSED Underlying Principles: LMCD, DNR, and Metropolitan A review of Underlying Principles, as April 1991 was discussed. adopted by the LMCD on 24 Notion made and second to Principles. Motion carried. adopt page 1 of the Underlying Motion made and second to adopt page 2 of the Underlying Principles, which includes a section or snoreiana proteccion. Motion failed. Shoreland Grant Agreement: As of the time of the meeting, six cities have signed the Shoreland Agreement - Deephaven, Excelsior, Minnetonka Beach, Shore%«ood, Mound, and woodland. Six cities were waiting to see outcome of this meeting before signing agreements - Minnetrista, Minnetonka, Victoria, Tonka Bay, Greenwood, and Spring Park. *^o cities, Orono and Wayzata, will not or likely will not sign agreement. The rwnaining issue to be resolved for Shoreland Grant Agreement - Technical Committee. Technical Committee pros: 1. Communication among cities is necessary. 2. City's shoreland ordinances would benefit from exchange of ideas and information. 3. DNR may look more favorably on ordinances subject to Technical Committee review. . . . . . . .- ■ - 17^ ■■ mm. s|k- c '■ ¥‘v.- i,v:'" Wf ilSr Ip?:-' 'v'''«: • :*’'>4V- 4''>.'’- .rn.-:” :^. ‘ i. - f;m' if ’fe'il4*r.r-. m-- Technical Committee cons: 1. 2. 3. Waste of time and money. Duplication of efforts. Cities may receive comments and input at public hearings to adopt individual ordinances. Motion made and second to recommend the need for the Technical ConiBittee and its inclusion in the Shoreland Grant Agreement. Five cities in favor, five cities opposed, one city abstained. Xechnical Committee stands and the cities may chocse whether they will participate in committee. Those cities who do not sign the Shoreland Grant Agreement ard may pursue an agreement separately with the DNR. Long Tern Manegenent Program for Lake Minnetonka: Xhe process was discussed for continuing review and finalizing a Long Term Management Program. Motion was made and second to accept the revised draft of the Management Program prepared by Wayzata as the base document to the UlCO and Metropolitan Council for revising the Program. Motion was amended to include the 12 June 1990 letter from the Mound Mayor for consideration as part of the revision of the Management Program. Motions passed with one abstention. Motion was made and second to include Orono's goals and objectives document dated 19 April 1991 as a guide to the LMCD and Metropolitan Council for revising the Management Program. Motion passed. ProcessI James Uttley of the Metropolitan Council will be responsible for revising the document. A suggestion was made and agreed upon to revise the Management Program one chapter at a time with meetings of the LMCD member cities to consider each chapter. Next meeting was tentatively scheduled for 19 June 1991 at 7:00 PM at the City of Wayzata City Council Chambers. Suggestion was made and agreed upon to hold a separate meeting to be scheduled at a later date to discuss the LMCD budget process. . i.-. , .J rj; il' " !?Et -I- •4 i: i »r. - ft 6^-.' ■ ■ ■ -*v i- ‘ 4' iliAi'- fc‘- ' \7 , .“- ,. *. n •’ • - I- m!^1 ife 1' ■■ :r mM:' 6691 . TO:Mayor and City Council PKOM:Mark E. Bernhardson, City Administrator OATI June 12, 1991 SOBJICT: Police Chief Selection Attachment: A. Police Chief Selection Memo Dated 5/17/91 B. Invitations to Contract Cities ISSUE - II . Establish a screening date for narrowing the number of liniTists for the Police Chief from 10 to 15 down to 5 to 7 hasod on written reports from Sathe and Associates. Issue #2 - Determine which Counci Imembers are to serve on this committee. INTRODUCTION - At Council’s May 28, 1991 Council meeting Council authorized inviting representatives from each of the 3 contract communities to send a representative for the preliminary screening committee. However, there was not an appointment of CounciImembers to serve on this screening committee. DISCUSSION - Issue #1 Date for Pre1iminary Screening - Tentatively foTTowfng date has been set for that; the 7:00 P.M., Tuesday, July 2, 1991 If another date is preferable, please let me know as soon a possible so that we may amend that date. Issue 12 - Selection of CounciImembers to serve on the committee. €ur'rentTy~ we are waiting to hear as to rep resen tati ves from each of the three cities. As noted on May 28th in addition to Orono City Council and representatives from the other 3 councils, I will be part of the panel and also am selecting John Gerhardson as the department head representative. ALTERNATIVES 1. Select a date. 2. Preliminary screen group 3. Table for further discussion 4. Take no action. RECOMMENDATION - It is recommended that July 2nd, absent any »-sr ^ „si^' *'f -|%H te- Mmi^u. -Mu '^'r • mr'-ff--^- ti'l-fj':rm. C--'8^;->-• If lif IsM? objections be established as the date for the screening and that with the committee receiving reports from Sathe and Associates by June 29th. PROPOSED MOTION - Moved by_, seconded by_, Council established July 2, 1991 at 7:00 P.M. as the screening meeting of the candidates and to review candidate profiles based on written reports. Additionally the Council nominates ____ and ___ to that committee. Ayes __,serve on Nays ee:James Brimeyer, Sathe & Associates, 5821 Cedar Lake Road Minneapolis, mn 55416 Inc. iiS; ■ ■i 1 '1 4" sjij- I- # 3 .,v,..; Ms ■■••''' V’«- .' t -■K"- K'-jfe ■te ps. -I:-' ■ Wt ' te m ‘: ■ - \ y.y<' ivy^r- y-'•■?: C; ^:p: P-a■;.?r•';'^ •- ■;p: ■i:'W; r“ *-■ . ■ : '^ ■'P ■■’ ■ l-'l- ■rr- •*P'M-'- ppmpm- Bj... ;*»K TO: FROM: DATE: /ayor 3rsd Z: jr.nl Mark Z. 3errharrscr., Zif/ idr'in- atritr May 1'/1991 SOBJBCT: Police Chief Selection Attachment:A. Draft Position Descr ipt ion,-Satne i .Associates Dated 5/22/91 B. Process Schedule(s) ISSUE - 1 Ha/« Council consider whether they desire to adopt t.he ittachnent draft as the position description for the poli.e chief selection. 2. Determine level of involvement for the contract cities in the screening and final selection process. i:: fri?. ,?.r,r". of a new chief. IMTRODUCTION - Over the past few weeks ^he con^u^l tant has-been c" i'"' J j aatTl a a i nn^ with individual Counc i Imembers , contract citieV together with department heads department. Based on these, Attachment A has been developed. DISCUSSION - ^at ‘"suit of the discussions and a more dilfinit^tivt descriptions of those will be provided to the final Chief candidates by the consultant and will serve as t e asis for initial goal setting. tssua A2 - Involvement of contract cities in the final selection jS;J.;;nVAir.".|iVc.*‘’or "o ‘nrfr‘ol.\hl dlscussln, S;rno*.votlnrof th. fla.1 int.rvi«« process. The orono Council Hill th# voting body on the final selection. * h.twMn Chief Kilbo's departure and the start of a K: cWeP'*?!" ^h."7pVl»»V i^lrerer","* »Start data may be the forepart of September.) * . r ^1^ .-.LTERMATr/SS - Issue #1 - Position Descriotion 1. Adopt. ■■■>I 2. Aoiend and adoot. 3. Table. Issue #2 ^ Contract Cities Participation o’"'. 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. c,--.3. Table for further discussion. . i - . Issue #3 - Acting Chief sir- 1. Select one of the Lieutenants. 2. Choose not to select an Actina Chief. 3. Table for further discussion. i\ p-r. • RECOMMENDATION - ISSUS ♦! - It is recommended that the information be adopted as presented. S/ £2 Contract City Inclusion - It is recommended that a ^•^tepresentatTveTroiB each of the cities together with 2 Council 'J^epresentatives, a department head and myself be involved in the preliminary screening from 10-15 to 3-5 final candidates based on profiles prepared by the consultant and that 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, sr they could attend anyway, and the Orono Council is the final teci.«ion maker. 't-frr ■■ mp ■■ i . fi-v - ■ '■> r’ ■ • • Ir ■m lii'' Isene #3 Acting Chief - it is recommended that Lt. Cheswick be appointed as Acting Chief from 1 July 1991 until a person begins as the new police chief. PROPOSED MOTION - Moved by^^, seconded byHQ, that Council adopt 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 'points Lt. Cheswick as Acting Chief for the period from^l July til a person has begun as the new police chief. Ayes Nays<s CCS James Brimeyer, Chief Kilbo Sathe 6 Associated, 5821 C.Klar Lake Rd I ■ V-;:' ;l> V , ^ :■ y'- A- B'f 1^' fV‘ ! 1 4f»’A M- yr K ■ ^xililr V.X. i<-‘‘’ • i-*’- fl / t f i --t U 4! /“J CITY Of ORONO CHIEF OF POLICE POSITION PROFILE Tte aiy of Oroao ww incorponted •ffectiv* January 1. 1955. The City is locwd on ^aordM short of Lake Minnetonka about 15 nailer Nkeai of Minneapolis with a aooSS^ 7.300. Of the City's 24.5 souare miles of area, 50% is open water or ^SSSmS^t^wal at 15.1 square mile* of land area). Of Lake MinnetonKa, 40% ot tht fhOftliM aod 33% of the lake area is in Orono. Tht Cify of Ofoao il a third rioi suburb in the seven-county metropohtaa Twin Cities of Miaatipolis/SL Paul and is dtvtloped primarily because of the quality ot us fn^ir with its proximity to the metropolitan urban core. The Ciiy h aninartly a residential community with a mixture of several types of .'towing comaerdaldistrict. The City totally surround* two commuaioe*. wk^iM ears of the original township, aod substantially surrounds a third community. Or^Thoam to many ot the metropolitan area’s top executives who appreciate the community't oaniial amenities. ..... is a community of just under 2,000 people which be^ a* a wmmercial area B»I1S aiaeal967. amnmm «w- - Tho dty wus tBCorpotatod tt u fflunieipulity in 1951 from Orono township a^ hM a onmilsrinn of 1.300 in a land area of 0.6 of a square miles. The O^ a ^maamd of ooauaeieieL multiple and range single family homts. While the two oonttactad police service with Orono since 1911. iNSffrmOGg BUSINESS PARK . SaS! CEDAfl lake flOAO • MINNEAPCuS. V;nn£SCTA 55a :6 • 6-.Z‘i^-?.’-0C • "AX h ::L r"' t: “■ - ^r'i\- I - :<« ► 7 '-. ' ll?' !-■ i'.' .. • I ; ■'■ -,; tv: = i ■ V' :' v-.'^.. Clcv o.*‘ '^rono Page Two Qiy of Mouad aod iospoctio# services with Orano. The City has contracted police lerr- ^ with Oreao since I9t0. Tbe PtHtft Deptruneat of the City of Orono is composed oi 1 5 1/2 sworn oificers loiether with one fuU-ctme secretary, two part-time secretaries and two part-nme Conunontty Service Officers. Among the sworn personnel are as follows 1 Chief S Lieutenanu - administrative/patrol/investigative responsibilities II 1/2 Phtrol Officers - pairol/investigative duties assigned as follows: 5 « General duties 2 1/2 • SpeeificaUy assigned to Long Lake 4 • Equivalents specifically assigned to Spring Park The Chief of EoUce. while formally appointed by the Orono City Council, is a department head wto reports directly to the dry Administrator. The Police Chief, m to hoiof the Police Department heed, also works on contractual and service enordiMrion avraoienMatt with the four fir- icpartmeau that provide service on a coBinet bueis to thi City of Orono. In adt.. jo, the City coordiotne advance life stMOort oroelded by North Memorial Hospital and provides on a contract basis, animal eow. al setvieea through the City's CSO system to Long Lake, Minnetonka Beach and Sprinf Puk. _______rial anattgemeat splits costa between a base contract for which a fMula Diopordoni the eoas among the varioiia cities together with allowing the rnmmiinlfiet of Spring Phrtt gnd Long Lako tho ability to select a higher level of service md I in limans by spnetfkaUy pnyiag for additionsi officars. The 2 1/2 addidonal officers ■Mv^ anarniiinaiilY 60% norssel paicol time to the City of Long Lako and tho four Site 2vMm7«^ to done by thrao oflkefs specifically assigi^ together with aiv Admiaistfnior. The City Adminisfrator and Police Chief ere involved in tabor units. w [. i«- K' ;,V[.. ^ ..■ / ’i. :a;.v ■‘4':.M. vH^’ • it: i®'"- ; .■> A' ;,■ :iv't;k^v -i'A'\-n , -.If’' ‘•li. ■ • i" - ’• h*;t. :V4. tf 't V =.^v. r'. . k Zli'j 01 CrortO Page Three Lo0t Laic* Spriog Pirie Ktiaattoska Beach Orooo (1991 Proposed) Cost oi Base ^rvice Of Total 1991 Cos: of Total ^rvtce %o; % of 1989 Part I and __Cfimtt SJ 04.190 13.3%243.491 21.4%21.1 S T7.632 9.8%278.826 24.5%23.3 S 51.831 6.5%62.289 5.4%3.6 S5S3.518 70.:%553,518 48.7%51.8 Itiaiiini BA. plus fiv« to ten years experience in a responsible public sai'ety nanagemeot Mygt also be P.OAT cerrfied or have the ability to attain certification. Qualified ||tv« fafluliarini' ith smaller police depanmems and '■ave a special SOflSillvity to the oaeds of semi^runsl communities. Special axperienc ei ioclude; * Working within a multi*jurisdictional environment. * Denwnatnuad effective publie relations experience. « ^3ava|pping ***** impiemencing budgets and monitoring department expenditures. * Working with *»«**»«* and a good understarding of !ibor relations principles. * Exparienca in working within a tourist, seasonal atmosphere. '* *~n~loncn with developing and implamenciog a career development program and •dodniatering n acceptable promotion system. * Stfffm laeder with the ability to deal directly with elected officials. Gty * t* daily eentaet widi dapartment personnel in e professional manner. • Adaainistar diadplioe fairly, eouiabiy. and in a timely manner. r • rninf Hf f M P, kr »-1:ft-s#* fe ■if- KSIsf' Ir- o( Orono Page Four • Establish ?rocs<Jurss oftd poi:c:ss ?rfsctiviflv 'naintom in approcria-. chain-of-coinfluad. • Bb HltfPg to change position liter receiving input from all areas and stand b) decision. • Good communication skills; effective listener, open style of management. • Bo a haada-on manogor and effectively utiliae supervisory staff. • Establisli a high level of trust within the department and within the community. • Be a team player and involve department personnel m developing department policy. • He a risk taker * innovative thinker. Cemmneity/Depenmeel Brioridca • and adjust, where appropriate, the scheduling of deparnnent personnel within FLSA gnideiinee to effectively meet contract service provision. • Hvgiiigte the need to establish an investigative function within the department • Mtfi and implement the departmental move to a new facility. • Work closely with representatives of contracting cities maintaining regular eommttoicaiioaa with chose reoresentauves. * Anelyte the need for additional personnel. • Work with Fire departments providing service to Orono and the contracung cities. * Update the dties* Emergency Preparedness Plan. • Saemine the departmental command •/ v'*ture and the need for a second-in- • Evdtmm the anignmeat of psisonnel within On.no and to the contracting cities with romirteritifrn given m eetabliahing districts within the entire service area. • impKt on department of 1-394 completion and improvements to Hwy. 12. 4 Wi If lifl' g? :'|i- ■> '..•, • M':■.■■•'* % ,. . u’'-‘''. : .V‘ I; gj X* p.V:, ’ ■ ■•„• r. ' • \^ . - >. ..f^. If/ ■ iP"iff- hrkr-c. bta ■. Am City o( Orono Page Five jPOlks Chief - Orono, MN. Also sen'ing (on a oontnctual basis) :he cities cf Long Lake, MiiaoineN Baoeb and Spring Park with a total of 11,400. Supervise deoartment of 16 sworn ponoaroi ptas J snpport staff. Reqiiirea A.A. (B.A. prefe-md) plus 3-5 yean experience in a fMpOBUbli pabiie safety managenMOt position • prefcraely at a local govemmenc level. Cmret ssmisn salary range S47,500 to S50,i00. Send resume to Jim Briaeyer, Sethe A Aaioeiasoi laaeative Search, 3121 Cedar Lake Road. Minneapolis, MN 55416 by 6/14/91. AA/KOi mi 0 • 0*V»lQp or - amioiMt t • mwim 1 « XnurviM Intarvifli#3LBCrrC2f pmy^ L#vei. InvoivTOent OQDNCXL JOtfTPj^ crms iTATT rac scAJcrr ftf Vtv> R«VlOM Rttv tew CMvelop «M/Assist Develop (0)/'S«wiaw P^Vl^develop 2) Review tavtwtf Review ^view Reviiw Develop ;o» Develop *0)/Assist Develop iOI/:^eview ic ff- SubBlt Undertake as agreed to OlAftieipste 75-IM Aivilcsticns] aiiifU icc—i to 10«U **55*S F imi Review Screening Screen tet/'ifi n^pmofitstiveiai on •cneninq panel Representatives on screening panel City Admn.striator/ Assist Panel Departaienc -leAj ruestions and Scoring ?ossibl/ L Police Supervisor and 1 Petrol 0fti«;9er (3-51 ing Oanduct Secsground Scr'^ing lAMrvice V' VMnr -.te^sf I Representetivei rcoe ttie 3 OoHMities on Final Panel City Attain istr a tor Develop guaeciona ani Participate in Sooring rinal Panel neaoMMndation to Council Inf UC Any) (iTlMtir Review Otti Candida to SuKes&rul Participate so Coordinator (01 Offtf (0) lUitari o - servio Uotod ui tfioo will bo optional fine te- r'.t .*.«! V V /V w X ► % ’ ■"" ^ ,,-7:1 Wmz Pi*KCiWa«)-v? m nf5ww*j55T3»w LIMITATIONS: aijr Ktkii tiM di<« diiH ta am or (fpsa to OM tea ■I tki dteitfea ia tel am ite pnpti? oar tte I aa<k of ite neorti ka kaa atet a ; ■ J" orUshoMtap. ITlkOTl>iqrdo«bccsmaiagthcMcwiqrflrth«kpldMBri|piHi.cDapMM|||iiaiS^H^3^^^&,^ I a pafaa i Udi aate lod tea « tkla opaioa tor • iteck da dtei Wana a of w tekk m kapm » ««n of 0^ fe a< «UMt oaf aWck m dicB tepraa. •JCiMaCliWCK ■■■:, IMh: STANDARD SYMBOLS A ------------- IteipaM Vm Iteamtatdaami wriack. lalitteamr, (tented mdpipa (tea 14 tetaloi(0M4atti (tetefl^v. kaciof Stec Lteac Noaba 1005, a Oak aUillie (laaod aitea A Ohd k V ipafeol daom a M aoii T aa.a<moteek«ate.ltea.te|amdmte». / rpPTTFTrATION: y ■ I hereby oenliy that ihii i«vey. wu prepued by roe or under dlrea lupenision and thai I am a lieaa«eil^:> - ofthe SuuoIMliuietoia. * --Piofenional Sniv^or under the^ia of the ^—/A Samuel O. Paifcer 1033S •r"„ ■ ' v ■ 3S£ W' ,,.• , f T* A H V I » W .<. - ;;.' ■ ,.j^ . -f»- AM0 TWrt !*»-W»'.TAifc* ^ ^ ^ - ~.Tg. I»W Ii-iir-v —1=»~-" ■ ■ - - - ■■ .-.WTUWI- H»Meinv. -p; »» . - -4: *"“ - r“.r . % # 1 *'■ il'1 ^ REST^^JT^UIPMENT^OM^^ ■-d^9»>!^inilM.y^ii^^»iii^ V- ‘V? mamma. TmauMmaattorw mxunKAV ***T5oiSiSSSifT{5S^ Gnat 1U AN* PACT* DOMD TO ■ A U—WH» OP r_«BB. PAii)igToa»«.r*wmA»N»P»WBwm»- ■rwww^w^AI MnAAnMNUAN—UNlJCAIJMIC- *l«l*lMrTWWA«lWC»a»m»M«»ll«l«AgWNC NonxAiTtn. corraCHT !!■■■. ■WAi«ANTEm». , ar r,; •-::;s:-;‘« -n II mm V. . • mms. ,<;^ v ■’■■' ■ m -f^-'—-t-.. 1« as? . -ri„ :^iJis^-j^l_-_.■.........................;:j.-; ■ r . -. .S''-L'Lr-9\ mm '■'“%in iM mmm v>' r\\.:y/. ■' "^ ^ -■^k:^ '■W ■-j-^y ■ . ■. . ■ ■■■■:. : » , ■' / f » ■: y-:s F^AY HILLS ADDITION Casisfi r.-sr-rJi . me. m ‘Y * gilMW 4ft M ■ft.-riM.aa o’;. * •■' ' ’^V -'i ,«r*^ ifiC . .•« :««> % V »t:i*lIs' :j S...-k Wi 'illB -M s^sgsi CERTmCKTE OMURVEV FOR KPITH A ftUfAftIfiAM •••• ^fiLLAS^fi:^ FARH m. ‘i mm.„tell i®il _..... ws:::jK*asia SB *liP’ liiSK I^Sii#Sl:iiii^PM ISti*iiSiB«B«ii iSSif ;S-S •:.<■■ . ■ "" ■„,«■<-.' ®:ass;is^K||g -------4SW--------- ___ f'»L«iL«'A'ii»w it^inninj^l r*<^ "•'Ht lJJ*f* I'lo^tS"*?**!! *“**4*^ SteUon 37 in TatMshlf llS^IUnic 23: thcnt. '13'r«tt*U U«*c«ntSr lint n^ltlll^C*Mt|''SoU**thtn<t*Soul!w«(ttrly’«7ong*til^CMttr "!ne™l* )u«rt«r Stctlon IIm of i«ltf StctiM *37.M rt«t tortli of thi point of Otginr u g: thtnci Suuili thcnLn running Hntt 462.89 lect; tnence north or linaiiicinRnl or ling to bt Ooscribod: thencn North Slid rood 499.19 loot to 0 point on the Junrtnr Stctlon lint of lold SoctlM S37.M foot borth of the point of hoginn ^g: thence South on sold Querler line 113 feet; thence horih- -eettrlir 499.19 foot to tho eforoeold point 133 feet South of the center, line ..( sold rood, Hennepin Count/, Ninnesote •'ginning 1 red Nurth of the South guerter post of Section 32. rnunship lia. remje 23; rinininij thence west 462.119 feel: thence Nnrih S97.68 ■■ei to 0 point 227.1 feet South of the center line ol Ihc Conni/ roeil; thence hnrtli 94.1 leet. thniiri- SonthceMerl/ •I';''.' ' 'eel in .1 :n‘. iin the Querter Section line nl snid Suction, five Ihinilreil lour end en|ht ei<|hi hiinOieiiih'. |•>!I4.BII) leei tinitii iii ............. h.•■|lll10; Ihenre South nn sent Querter line 94.1 fee.: thei iii> or void Count/ loud; elso the Northerl/ ten |I0| 1 rods North of the Southeest corner of the Southetsh n h7. Wl ■ iM<l rilCI hFrPOf. thence Snulheetterl/ per499.19 feet to the Eest line of sold Southeest Querter ul I or lend being perl of snid Southeesi ''uertrr of the Suhiii nenrimi >il .1 iininl end «ii|ht eii|lii hundii'iiiii', |■i'.l4.H)l) leei ><:>itii ni ...........uni .1 h-ii / 499.19 feet tii .......... iniiiil /7/.I li'et South ii ...........ol lowing dniicrilied Iceil or |i,iir.«l ul I <-r ol Seition 37, luw line or the poblic In beiite South, to the beg lion 37. eccuriling tn the thence Nortbuestci I leet ol Ihe lollnwing est Querter ol LIhT Soulhi ellel with the cei .the Suuthwest Querter; tbeiite Sou SuHlliuesi Querter or s ' \ ^ 'rrmfciiSiKBWi 'iHi| ’ . V sLs: ;.i t- siispisiS.™,..... . ...ymmimssm .....la*Illi*lii west Queril-r ol Sei lion 37, luwiship 1IH. N.im|<. .'.3; lln.i nter line or the public highwe/ known .iv sooili M.ii..iiuwo th. lu the beglnn BliiSiiSsi r; ih St*cl raivi*rnneAl Survey hnuini ??eX ‘!;,*i:/'‘riJr;5!iii2 ir“5ii:;\Turecu«is.''“'"'' ...... •’ ........... lirupvrt I (riiH (liilfMi'Mi (iiriu 11- ■If f Hiithy ......................... Mfiii N «nr oiRtr iipra SI 462.39 lFL*l, no or MUI 'df'lhrUlle^Uf'llIIlM.Ml'!''’ ““ ‘"^•P*red b/ ne or under », di.n.l supervision .i».l ....... I on „ dul/ Kegisleied I...... •.or,e,o, ..... liie dffin I 6..0HII6. IHC. «-rl s. dreohero »n tic Hlo iP'i WmSt ■m ■M'■ 'f I '.•■ mmmmmm ^■f- ■ ............................J .'2,L______ *!y^T • S^sV'-'S'. I, - J' . t •■ .-i? \ .■:/■■m'- ■ ■' i ■: :^ ■■ ;■%.-:7^% m ■■*-:'M . i, ‘ V V* V'' ■■ : - ’ > \ - :■ ".X„ ^ :. '.'■ X mmM m&rn